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08/04/2022Thursday, August 4, 2022 6:00 PM City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 Main Library - Council Chambers City Council Meeting Agenda August 4, 2022City Council Meeting Agenda Welcome. We are glad to have you join us. If you wish to address the Council, please complete a Comment Card. Comment Cards are on the right-hand side of the dais by the City Clerk. When recognized, please hand your card to the Clerk, approach the podium and state your name. Persons speaking before the City Council shall be limited to 3 minutes unless otherwise noted under Public Hearings. For other than "Citizens to be heard regarding items not on the Agenda," a spokesperson for a group may speak for 3 minutes plus an additional minute for each person in the audience that waives their right to speak, up to a maximum of 10 minutes. Prior to the item being presented, please obtain the form to designate a spokesperson from the City Clerk. Up to 60 minutes of public comment will be allowed for an agenda item. No person shall speak more than once on the same subject unless granted permission by the City Council. The City of Clearwater strongly supports and fully complies with the Americans with Disabilities Act (ADA). Please advise us at least 48 hours prior to the meeting if you require special accommodations at 727-562-4090. Assisted Listening Devices are available. Kindly refrain from using cell phones and electronic devices during the meeting. Citizens wishing to provide comments on an agenda item are encouraged to do so in advance through written comment. The City has established the following two options: 1) eComments via Granicus - eComments is integrated with the published meeting agenda. Individuals may review the agenda item details and indicate their position on the item. You will be prompted to set up a user profile to allow you to comment, which will become part of the official public record. The eComment period is open from the time the agenda is published. Comments received during the meeting will become part of the official record, if posted prior to the closing of public comment. The City Clerk will read received comments into the record. 2) Email – Individuals may submit written comments or videos to ClearwaterCouncil@myclearwater.com. All comments received by 5:00 p.m. the day before the meeting (August 3) will become part of the official record. The City Clerk will read received comments into the record. 1. Call to Order 2. Invocation 3. Pledge of Allegiance 4. Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by governmental agencies or groups providing formal updates to Council will be limited to ten minutes.) 4.1 Diversity Leadership Council Poster Contest - Sherman Stroman and Freda Daniels 4.2 End of Session Report - Senator Ed Hooper 5. Approval of Minutes 5.1 Approve the minutes of the July 21, 2022 City Council meeting as submitted in written summation by the City Clerk. Page 2 City of Clearwater Printed on 8/3/2022 August 4, 2022City Council Meeting Agenda 6. Citizens to be heard re items not on the agenda 7. Consent Agenda The Consent Agenda contains normal, routine business items that are very likely to be approved by the City Council by a single motion. These items are not discussed, and may all be approved as recommended on the staff reports. Council questions on these items were answered prior to the meeting. The Mayor will provide an opportunity for a Councilmember or a member of the public to ask that an item be pulled from the Consent Agenda for discussion. Items pulled will receive separate action. All items not removed from the Consent Agenda will be approved by a single motion of the council. 7.1 Approve a Services Agreement and Purchase Order to Heath Consultants, Inc. of Houston, TX to provide gas leak surveys, corrosion inspections and meter maintenance in the annual not-to-exceed amount of $217,360.00 with the option for two, one-year renewals, pursuant to Invitation to Bid (ITB) 15-22, and authorize the appropriate officials to execute same. (consent) 7.2 Approve co-sponsorship and waiver of requested city fees and service charges for 27 Co-sponsored Special Events at an estimated General Fund cost of $430,550.00 ($86,000.00 in cash contributions and $344,550.00 in service contributions) and Enterprise Fund cost of $83,234.00 for the purposes of Fiscal Year 2022/23 departmental budget submittals. (consent) 7.3 Approve an agreement with the Pinellas County Sheriff’s Office of Largo, FL for forensic crime scene processing, latent prints, property and evidence storage, and Pinellas Juvenile Assessment Center services in an amount not-to-exceed $618,438.00, which includes contingency, for the term October 1, 2022 through September 30, 2023, and authorize the appropriate officials to execute same. (consent) 7.4 Renew Financial Assistance Agreement between the Florida Department of Law Enforcement and the City of Clearwater, necessary to facilitate a current mutual aid agreement between the two entities, effective upon execution through June 30, 2023, and authorize the appropriate officials to execute same. (consent) 7.5 Approve Supplemental Work Order One to Black and Veatch, of Tampa, FL, for Project Management Services 22-0007-UT in the amount of $380,000, increasing the work order from $95,000 to $475,000 pursuant to Request for Qualifications (RFQ) 26-19, Engineer of Record Consulting Services (EOR), and authorize the appropriate officials to execute same. (consent) Page 3 City of Clearwater Printed on 8/3/2022 August 4, 2022City Council Meeting Agenda 7.6 Approve Supplemental Work Order 1 to WSP USA, Inc. for the Reverse Osmosis Plant 2 (RO2) Injection Well 1 (IW-1) Retrofit, Project 20-0020-UT, in the amount of $98,768.80, increasing the project amount from $28,545.00 to $127,313.80 pursuant to Request for Qualifications (RFQ) 26-19, Engineer of Record Consulting Services (EOR) and authorize the appropriate officials to execute same. (consent) 7.7 Approve an increase to contract 901566 to Hach Company of Loveland, CO for the purchase of testing equipment, laboratory instruments, chemicals, parts, and related supplies in the amount of $250,000.00, bringing the total amount to $300,000.00 for the term June 14, 2022 through June 13, 2023 with two, one-year renewal options in the annual not to exceed amount of $300,000.00, pursuant to Clearwater Code of Ordinances Section 2.563(1)(d), Non-competitive purchases (Impractical), and Section 2.561(5), Small Purchases, and authorize the appropriate officials to execute same. (consent) 7.8 Authorize the purchase of vehicles (heavy and light duty) and equipment in the not-to-exceed amount of $9,056,200.00, budgeted in the Fiscal Year (FY) 23 budget, pursuant to Clearwater Code of Ordinances Sections 2.563(1)(c), Piggyback, 2.563(1)(d), Non-competitive purchases, and 2.561(5), Small Purchases; authorize lease purchase under the City’s Master Lease Purchase Agreement or internal financing via an interfund loan from the Capital Improvement Fund, whichever is deemed to be in the City’s best interest; and authorize the appropriate officials to execute same. (consent) 7.9 Review updated advisory board application. (consent) Public Hearings - Not before 6:00 PM 8. Administrative Public Hearings - Presentation of issues by City staff - Statement of case by applicant or representative (5 min.) - Council questions - Comments in support or opposition (3 min. per speaker or 10 min maximum as spokesperson for others that have waived their time) - Council questions - Final rebuttal by applicant or representative (5 min.) - Council disposition 8.1 Declare surplus for the purpose of sale, through Request for Proposals and Qualifications 43-22, real property located at 1454 South Martin Luther King Jr. Avenue, whereby the successful proposal meets the terms established by Council. (APH) Page 4 City of Clearwater Printed on 8/3/2022 August 4, 2022City Council Meeting Agenda 8.2 Approve the request from the owner of property addressed 1979 Hastings Drive, Clearwater to vacate the 5-foot-wide platted Utility Easement, located on Lot 24, Re-Plat of Willow Ridge, according to the map or plat thereof as recorded in Plat Book 71, Pages 98-101, Public Records of Pinellas County, Florida, less and except the east and west 10 feet thereof, and pass Ordinance 9598-22 on first reading. 8.3 Provide direction on the proposed first amendment to an existing Development Agreement between Beachrock Lodging LLLP (the property owner) and the City of Clearwater for property located at 325 Gulfview Boulevard and 326 Coronado Drive, which includes a revision to Exhibit B to provide new conceptual site plans and elevations, and sets a new date by which time site plan approval must be obtained; and confirm a second public hearing in City Council Chambers before City Council on August 18, 2022 at 6:00 p.m., or as soon thereafter as may be heard. (HDA2013-08004A) 8.4 Approve a Development Agreement between the City of Clearwater and Gotham Property Acquisitions, LLC and The DeNunzio Group providing for the redevelopment of two sites on the west side of Osceola Avenue abutting Coachman Park in the Downtown Core for overnight accommodations, attached dwellings, commercial uses such as retail, food and beverage, cultural uses and event space pursuant to Community Development Code Section 4-606; adopt Resolution 22-15, and authorize appropriate officials to execute same. (DVA2022-06001) 9. Second Readings - Public Hearing 9.1 Adopt Ordinance 9575-22 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to change the land use designation for certain real property whose post office address is 905 S. Highland Avenue, Clearwater, FL 33756, from Residential/Office General (R/OG) to Institutional (I). 9.2 Adopt Ordinance 9576-22 on second reading, amending the Zoning Atlas of the city by rezoning certain real property whose post office address is 905 S. Highland Avenue, Clearwater, FL 33756, from Office (O) to Institutional (I). 9.3 Adopt Ordinance 9580-22 on second reading, annexing certain real property whose post office address is 2843 St. John Drive, Clearwater, FL 33759, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Page 5 City of Clearwater Printed on 8/3/2022 August 4, 2022City Council Meeting Agenda 9.4 Adopt Ordinance 9581-22 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 2843 St. John Drive, Clearwater, FL 33759, upon annexation into the City of Clearwater, as Residential Low (RL). 9.5 Adopt Ordinance 9582-22 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 2843 St. John Drive, Clearwater, FL 33759, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). 9.6 Adopt Ordinance 9597-22 on second reading, calling for an election to be held on November 8, 2022 on a proposed amendment to the City Charter to allow the City to negotiate the development and sale of certain unoccupied properties in the downtown core for the purpose of creating a vibrant, mixed-use development consisting of apartments, hotel and commercial space including restaurant dining, cafes, and event space, activating the area adjacent to Coachman Park. 9.7 CONTINUE TO A DATE UNCERTAIN: Adopt Ordinance 9586-22 on second reading, annexing certain real property whose post office address is 1219 Sunset Point Road, Clearwater, FL 33755, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. 9.8 CONTINUE TO A DATE UNCERTAIN: Adopt Ordinance 9587-22 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 1219 Sunset Point Road, Clearwater, FL 33755, upon annexation into the City of Clearwater, as Residential Urban (RU). 9.9 CONTINUE TO A DATE UNCERTAIN: Adopt Ordinance 9588-22 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1219 Sunset Point Road, Clearwater, FL 33755, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). 9.10 Withdrawn: Deny a Future Land Use Map Amendment from the Residential Low (RL) category to the Institutional (I) category for the property located at 1885 County Road (CR) 193 and do not pass Ordinance 9577-22 on first reading. (LUP2022-04004) 9.11 Withdrawn: Deny a Zoning Atlas Amendment from the Low Medium Density Residential (LMDR) District to the Institutional (I) District for the property located at 1885 County Road (CR) 193 and do not pass Ordinance 9578-22 on first reading. (REZ2022-04004) Page 6 City of Clearwater Printed on 8/3/2022 August 4, 2022City Council Meeting Agenda 10. City Manager Reports 10.1 Approve the allocation of American Rescue Plan Act (ARPA) Coronavirus Local Fiscal Recovery Funds in the amount of $22,483,893 to fiscal year 2022 General Fund government operations as revenue recovery; approve offsetting increases to fiscal year 2022 General Fund expenditures as detailed in this agenda item; and authorize the appropriate officials to execute same. 11. City Attorney Reports 11.1 Approve the Contract for Sale of Real Property by the City of Clearwater, Florida (Contract) between the City of Clearwater, Gotham Property Acquisitions, LLC (Gotham) and The DeNunzio Group, LLC (DeNunzio) for the former City Hall site located at 112 S. Osceola Avenue and authorize the appropriate officials to execute same, together with all other instruments required to effect closing. 11.2 Approve the Contract for Sale of Real Property by the City of Clearwater, Florida (Contract) between the City of Clearwater, Gotham Property Acquisitions, LLC (Gotham) and The DeNunzio Group, LLC (DeNunzio) for the former Harborview site, which was located at 320 Cleveland Street, and is being re-addressed as 50 N. Osceola Avenue and authorize the appropriate officials to execute same, together with all other instruments required to effect closing. 12. Closing comments by Councilmembers (limited to 3 minutes) 13. Closing Comments by Mayor 14. Adjourn Page 7 City of Clearwater Printed on 8/3/2022 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0565 Agenda Date: 8/4/2022 Status: Agenda ReadyVersion: 1 File Type: Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by government agencies or groups providing formal updates to Council will be limited to ten minutes.) In Control: Council Work Session Agenda Number: 4.1 SUBJECT/RECOMMENDATION: Diversity Leadership Council Poster Contest - Sherman Stroman and Freda Daniels SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 8/3/2022 |1CITY OF CLEARWATER 2022 DIVERSITY LEADERSHIP COUNCIL POSTER CONTEST Age Group 6 - 9 3rd Place, Age 6-9: Savannah Beasley, 9 "Don't Judge" 2nd Place, Age 6-9: Zola Spires, 6 1st Place, Age 6-9: Liam Ivanovic, 9 “We Are All Different” Age Group 10 & 11 3rd Place, Age 10 & 11: Reese Greve, 10 2nd Place, Age 10 & 11: Ella Schinella, 11 “We Are All Unique” 1st Place, Age 10 & 11: Mia Colina-Pena, 11 “Equality Land” Age Group 12 & Up 3rd Place, Age 12 & Up: Gabrielle Neal, 14 “Diversity in Colors” 2nd Place, Age 12 & Up: Caleb Campbell, 12 1st Place, Age 12 & Up: Zaynah Hussein, 12 “The Beauty of the World” Anonymous Honorable Mentions Grand Prize Winners 3rd Runner Up: Mia Colina-Pena, 11 “Equality Land” 2nd Runner Up: Gabrielle Neal, 14 “Diversity in Colors” Grand Prize Winner: Zaynah Hussein, 12 “The Beauty of the World” Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0649 Agenda Date: 8/4/2022 Status: Agenda ReadyVersion: 1 File Type: Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by government agencies or groups providing formal updates to Council will be limited to ten minutes.) In Control: Council Work Session Agenda Number: 4.2 SUBJECT/RECOMMENDATION: End of Session Report - Senator Ed Hooper SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 8/3/2022 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0813 Agenda Date: 8/4/2022 Status: Agenda ReadyVersion: 1 File Type: MinutesIn Control: City Council Agenda Number: 5.1 SUBJECT/RECOMMENDATION: Approve the minutes of the July 21, 2022 City Council meeting as submitted in written summation by the City Clerk. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 8/3/2022 City Council Meeting Minutes July 21, 2022 Page 1 City of Clearwater City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 Meeting Minutes Thursday, July 21, 2022 6:00 PM Main Library - Council Chambers City Council Draft City Council Meeting Minutes July 21, 2022 Page 2 City of Clearwater Roll Call Present: 5 - Mayor Frank Hibbard, Vice Mayor Kathleen Beckman, Councilmember David Allbritton, Councilmember Mark Bunker and Councilmember Lina Teixeira Also Present: Jon Jennings – City Manager, Micah Maxwell – Assistant City Manager, Michael Delk – Assistant City Manager, David Margolis – City Attorney, Rosemarie Call – City Clerk and Nicole Sprague – Deputy City Clerk. To provide continuity for research, items are listed in agenda order although not necessarily discussed in that order. Unapproved 1. Call to Order – Mayor Hibbard The meeting was called to order at 6:00 p.m. 2. Invocation – Rev. Jefferson from Grace Lutheran Church 3. Pledge of Allegiance 4. Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by governmental agencies or groups providing formal updates to Council will be limited to ten minutes.) – Given. 4.1 July Service Awards One service award was presented to a city employee. 4.2 Drowning Prevention Presentation - Shaun Beasley - Recreation Manager, Parks and Recreation Department Parks and Recreation Manager Sean Beasley provided a PowerPoint presentation. 5. Approval of Minutes 5.1 Approve the minutes of the June 16, 2022 City Council Meeting as submitted in written summation by the City Clerk. Councilmember Allbritton moved to approve the minutes of the June Draft City Council Meeting Minutes July 21, 2022 Page 3 City of Clearwater 16, 2022 City Council Meeting as submitted in written summation by the City Clerk. The motion was duly seconded and carried unanimously. 5.2 Approve the minutes of the May 24, 2022 Special City Council Meeting as submitted in written summation by the City Clerk. Vice Mayor Beckman moved to approve the minutes of the May 24, 2022 Special City Council Meeting as submitted in written summation by the City Clerk. The motion was fully seconded and carried unanimously. 6. Citizens to be heard re items not on the agenda Peter Scalia provided an update regarding the services delivered through members of the Going Home Clearwater coalition, which is comprised of Saint Vincent dePaul Community Kitchen and Resources Center, The Refuge Outreach Church, Joy of the Gospel Ministries, Fresh Start Mentoring, Homeless Empowerment Project, Community Service Foundation and the Church of Scientology, to address homelessness in the community. Cal Tiger expressed his interest in sustainability and homelessness. He described a solution that would incentivize homeless to collect plastic bottles in return for payment. Kevin Hunsicker requested consideration to approve a text amendment that would disallow institutional uses around residential properties that involve religious uses. Mr. Holuba wondered why some police recruits travel so far to join the Clearwater Police Department and expressed concerns with hiring legacy officers and those with military training. 7. Consent Agenda – Approved as submitted. 7.1 Accept the Office of Resilience and Coastal Protection’s Resilient Florida Fiscal Year 21-22 Planning Grant award in the amount of $197,848 with the required local match of $24,000, for the development of a city-wide vulnerability assessment using the City Simulator tool of Atkins North America, Inc. and authorize the appropriate officials to execute same. (consent) Draft City Council Meeting Minutes July 21, 2022 Page 4 City of Clearwater 7.2 Approve an Engineer of Record (EOR) Work Order to Atkins North America, Inc. of Tampa, FL for the development of a city-wide vulnerability assessment using Atkins’ City Simulator tool in the amount of $221,848 and authorize the appropriate officials to execute same. (consent) 7.3 Accept a Gas Utility Easement from Brooker Creek V LLC. (consent) 7.4 Accept a Gas Utility Easement from MHC Country Place LLC. (consent) 7.5 Approve the conveyance of a Distribution Easement to Duke Energy Florida, LLC, d/b/a Duke Energy, for the installation, operation, and maintenance of electric facilities to support Duke’s relocation and installation of power poles, lighting, and new service connections at 401 N McMullen Booth Road and authorize the appropriate officials to execute same. (consent) 7.6 Approve a purchase order to Workscapes, LLC for the purchase and installation of office furniture at the Clearwater Police Department District Three Operations and Training Center (18-0004-PD) in the amount of $211,663.05, pursuant to Clearwater Code of Ordinances Section 2.563 (1)(c), Piggyback, and Section 2.563 (1)(d), Non-competitive purchases, and authorize the appropriate officials to execute same. (consent) 7.7 Approve an Interlocal Agreement (ILA) between Pinellas County, the Town of Belleair, and Cities of Belleair Beach, Belleair Bluffs, Clearwater, Dunedin, Indian Rocks Beach, Largo, Seminole, and Tarpon Springs for a funding match for a Southwest Florida Water Management District Cooperative Funding Initiative Grant in the amount of $34,629.00 for the Clearwater Harbor/St. Joseph Sound Comprehensive Conservation Management Plan Surface Water Resource Assessment Update and authorize the appropriate officials to execute same. (consent) 7.8 Authorize a purchase order to Alan Jay of Sebring, FL for the purchase of ten Police Pursuit Vehicles in a not to exceed amount of $359,150.00 pursuant to Clearwater Code of Ordinances Section 2.563(1)(c), Piggyback, and Section 2.563(1)(d), impractical to bid; authorize an extension through October 31, 2022 and an increase of $40,000.00 to Contract 900729, Enforcement One of Oldsmar, FL for Police Upfitting to allow the upfitting of the additional ten vehicles pursuant to ITB 47-19, Police Vehicle Upfitting Services and authorize the appropriate officials to execute same. (consent) 7.9 Appoint Stephanie Chill to the Sister Cities Advisory Board as the Sister Cities, Inc. representative for an unexpired term through July 31, 2023. (consent) 7.10 Request for authority to settle case of City of Clearwater v. 1510 Barry Holding, LLC, et al., Case No. 21-4847-CI. (consent) Councilmember Bunker moved to approve the Consent Agenda as Draft City Council Meeting Minutes July 21, 2022 Page 5 City of Clearwater submitted and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. Public Hearings - Not before 6:00 PM 8. Administrative Public Hearings 8.1 Approve the City of Clearwater’s Fiscal Year 2022/2023 Annual Action Plan, which is the third Action Plan of the Fiscal Year 2020/2021 - Fiscal Year 2024/2025 Consolidated Plan, to implement the goals and objectives set forth in the Consolidated Plan and authorize the appropriate officials to enter into agreements with HUD and organizations approved for funding, together with authorization to execute administrative adjustments to same as needed. On July 16, 2020, City Council approved the 2020/2021 - 2024/2025 Consolidated Plan (Consolidated Plan) identifying the city’s goals and objectives with respect to the city’s administration of HOME Investment Partnership (HOME) and Community Development Block Grant (CDBG) Program funds. Under the Consolidated Plan, the City is required by the US Department of Housing and Urban Development (HUD) to create and implement a plan each year to identify the sources and uses of these funds for housing, community programs, and economic development. This plan, referred to as the Annual Action Plan, provides HUD with the City’s Housing Division budget and proposed expenditures based on the entitlement funds and estimated program income that the City will receive in the upcoming fiscal year to meet the goals and objectives established in the Consolidated Plan. Funds will be used to develop viable communities and sustain existing ones. In addition, the funds will be used to provide safe, decent and affordable housing to assist extremely low- to moderate-income households. This year’s Annual Action Plan allocates federal funds to provide housing opportunities to extremely low- to moderate-income households for new and existing homes, construction and/or renovation of public facilities, and to fund public services programs. In Fiscal Year (FY) 2022/2023, the City will receive $897,475 in entitlement funds for the CDBG Program and $509,528 in entitlement funds for the HOME Program. The City is also reprogramming: $3,790,961 in prior year HOME entitlement and program income funding; $180,000 in anticipated FY2022/2023 HOME program income; $767,422 in prior year CDBG entitlement and program income funding; $27,800 in anticipated FY2022/2023 CDBG program income; and $1,179,080 in CDBG Revolving Loan Program funds. Funds provided through the CDBG Program may be used for housing, community and economic development, public services and facilities, acquisition, relocation and administration. Funds provided through the HOME Program are limited to Draft City Council Meeting Minutes July 21, 2022 Page 6 City of Clearwater housing-related activities and administration. The City partners with several non-profit agencies to implement the goals and objectives established in the Consolidated Plan. To obtain these partners, the City annually publishes in February a Notice of Funding Availability in the local newspaper and on its website. This notice informs the public of the resources the City will make available and the eligible uses of those resources. It also informs them of the 30-day application period for requesting funds. The applications were due on March 16, 2022. With the City receiving 23 applications, staff is recommending funding for 22 organizations. One public service agency changed operational activities after submitting its application, causing its application to be ineligible. A Technical Review Committee (TRC) comprised of a professional in the social service and grants community, a member of the City’s Neighborhood and Affordable Housing Advisory Board (NAHAB), a representative of the Homeless Leadership Alliance, and the City Clerk reviewed and ranked the applications. Applicants were provided an opportunity to present their proposed projects at the April 12, 2022, NAHAB meeting. City Housing staff also reviewed each application to ensure it met HUD’s baseline requirements. With guidance from the TRC and NAHAB and based on available funding, City staff prepared recommended funding allocations. The NAHAB met on May 10, 2022 and approved the recommended allocations. NAHAB approval is subject to City Council approval of the Annual Action Plan. Each year the City may allocate up to 15% of its CDBG entitlement funds for Public Services activities. This year the city received ten requests for funding of public services from eight public service providers and two Homebuyer Education Counselors in the amount $229,786. With one application withdrawn, $134,621 was available to fund the remaining nine activities. Staff recommends allocating a total of $30,000 to the two Homebuyer Education Counseling organizations as this is consistent with prior years’ activity levels to meet housing-related service needs. Staff recommends allocation of funding for the remaining seven organizations is based on the tiered ranking of TRC scoring for which the three highest-ranked applicants are granted fifty percent of the remaining public service funding ($17,436 each); the next two highest-ranked applicants are granted thirty percent ($15,693 each); and the two lowest-ranked applicants are granted twenty percent ($10,462 each). The City received nine requests for funding of Public Facilities improvements. The TRC reviewed each application and recommended funding of each request as appropriate. Staff is recommending funding of all eligible components of each request; however, staff is recommending that three of the projects totaling $193,802 are funded with CDBG-CV, which is not budgeted in the Annual Action Plan. The total staff-recommended allocation for the six projects within the Draft City Council Meeting Minutes July 21, 2022 Page 7 City of Clearwater Annual Action Plan is $523,107. These investments will help daily operations of each public service provider with improved facility functionality, efficiency, and safety features. The Annual Action Plan serves as a budget for planned projects and identifies unallocated funds available for additional project(s) throughout the budget year. Staff requests authorization to make administrative adjustments during the budget year to fund additional project(s), including shifting funds between projects within budgetary segments. Staff will request Council approval for any administrative adjustments that exceed City Manager authority of $100,000. On July 12, 2022, the NAHAB passed a motion recommending City Council approval of the FY2022/2023 Annual Action Plan. The FY2022/2023 Annual Action Plan is due to HUD on August 15, 2022. All organizations that will be receiving an allocation will have agreements prepared and executed by October 1, 2022. Staff performs compliance monitoring with funded organizations on an annual basis. Councilmember Teixeira moved to approve the City of Clearwater’s Fiscal Year 2022/2023 Annual Action Plan, which is the third Action Plan of the Fiscal Year 2020/2021 - Fiscal Year 2024/2025 Consolidated Plan, to implement the goals and objectives set forth in the Consolidated Plan and authorize the appropriate officials to enter into agreements with HUD and organizations approved for funding, together with authorization to execute administrative adjustments to same as needed. The motion was duly seconded and carried unanimously. 8.2 Declare surplus, for the purpose of sale for development of affordable housing, real property located at 1408 Monroe Avenue; approve the Real Property Transfer Agreement between the City and Clearwater Neighborhood Housing Services, Inc.; and authorize the appropriate officials to execute same, together with all other instruments required to affect closing. (APH) The City Manager recently approved the Economic Development & Housing Department Lot Disposition Procedure. This procedure provides for a transparent and competitive process for when the City transfers a lot for the purpose of constructing a single-family home to be sold to a household qualifying under the City’s definition of Workforce or Affordable Housing. The procedure calls for pre-approved developers to submit applications when a property is available. Applications are vetted by a four-member Lot Disposition Committee and a recommendation from the Neighborhood & Affordable Draft City Council Meeting Minutes July 21, 2022 Page 8 City of Clearwater Housing Advisory Board is submitted to City Council. This property is currently vacant, and it is identified by Resolution #23-13 as a city-owned property appropriate for use as affordable housing (Pinellas County Property I.D. #10-29-15-51948-004-0040). The property is suitable for construction of a single-family home. The City acquired the property at no cost in 2015 through the Pinellas County escheatment process due to non-payment of taxes. This property is located within the North Greenwood Neighborhood Revitalization Strategy Area and within the boundary of the North Greenwood Community Redevelopment Area. Clearwater Neighborhood Housing Services, Inc. d/b/a Tampa Bay Neighborhood Housing Services (TBNHS) has a long history of constructing affordable homes within the city of Clearwater. A staff appraisal valued the property at $29,900 on June 29, 2022. According to Section 2.01(d)(5)(i) of the Clearwater City Charter, the City Council may approve the donation or sale for less than fair market value of city-owned property of not more than five acres in size for Workforce Housing. Workforce Housing means housing affordable to persons or families whose total annual income does not exceed 120 percent of the Area Median Income (AMI), adjusted for household size, as published by the U.S. Department of Housing and Urban Development for Pinellas County or metropolitan area. According to information provided by the Pinellas County Property Appraiser, the property is 0.77 acres (3,348 square feet). TBNHS has site control of the adjacent parcel and intends to combine the two parcels to provide for a more desirable development site. In response to a question, Economic Development and Housing Assistant Director Chuck Lane said a cluster of tiny homes built on a parcel would be considered multi-family. Councilmember Allbritton moved to declare surplus, for the purpose of sale for development of affordable housing, real property located at 1408 Monroe Avenue; approve the Real Property Transfer Agreement between the City and Clearwater Neighborhood Housing Services, Inc.; and authorize the appropriate officials to execute same, together with all other instruments required to affect closing. The motion was duly seconded and carried unanimously. 8.3 Approve the annexation, initial Future Land Use Map designation of Residential Low (RL) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 2843 St. John Drive, and pass Ordinances 9580-22, 9581-22, and 9582-22 on first reading. (ANX2022-05006) Draft City Council Meeting Minutes July 21, 2022 Page 9 City of Clearwater This voluntary annexation petition involves a 0.195-acre property consisting of one parcel of land occupied by a detached dwelling. The property is located on the south side of St. John Drive at the southern terminus of St. Anthony Drive. The applicants are requesting annexation in order to receive sanitary sewer and solid waste service from the City. The property is located within an enclave and is contiguous to city boundaries on all sides, and the annexation will eliminate an enclave. It is proposed that the property be assigned a Future Land Use Map designation of Residential Low (RL) 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 currently receives water service from Pinellas County. The closest sanitary sewer line is located in an easement along the southern property boundary. The applicants have paid the required sewer impact and assessment fees in full and are aware 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 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 #48 located at 1700 N. Belcher Road. The City has adequate capacity to serve this property with sanitary sewer, solid waste, police, fire, and EMS service. Water service will continue to be provided by Pinellas County. 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 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.7.2.3 Continue to process voluntary annexations for single-family residential properties upon request. • The proposed Residential Low (RL) 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 5 units Draft City Council Meeting Minutes July 21, 2022 Page 10 City of Clearwater per acre. The proposed zoning district to be assigned to the property is the Low Medium Density Residential (LMDR) District. The use of a detached dwelling on the subject property is consistent with the uses allowed in the District and the property exceeds the District’s minimum dimensional requirements. 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. Ordinances 9580-22, 9581-22, and 9582-22 were presented and ready by title only. Vice Mayor Beckman moved to approve the annexation, initial Future Land Use Map designation of Residential Low (RL) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 2843 St. John Drive, and pass Ordinances 9580-22, 9581-22, and 9582-22 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Vice Mayor Beckman, Councilmember Allbritton, Councilmember Bunker and Councilmember Teixeira 8.4 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 1221 Sunset Point Road and pass Ordinances 9583-22, 9584-22, and 9585-22 on first reading. (ANX2022-05007) This voluntary annexation petition involves a 0.137-acre property consisting of one parcel of land occupied by a new single-family dwelling (currently under construction). The property is located on the south side of Sunset Point Road approximately 385 feet east of Douglas Avenue. The applicant is requesting annexation in order to receive sanitary sewer, water, and solid waste service from the City. The property is in an enclave and is contiguous to existing city boundaries to the north. 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 need for sanitary sewer and water service was prompted by the applicant’s proposal to construct a single-family dwelling on a previously vacant lot. Due to timing issues, the applicant has started construction of the single-family dwelling while located in the County. The site plan approved by the County meets the flexible standard development provisions of the Low Medium Density Draft City Council Meeting Minutes July 21, 2022 Page 11 City of Clearwater Residential (LMDR) District. Due to the nature of the construction, Pinellas County will require the applicant to connect to the City’s sanitary sewer system prior to the issuance of a Certificate of Occupancy (CO). To ensure consistency in the application of Building Code inspections and to prevent any construction liability issues, the project will be built in its entirety under Pinellas County jurisdiction. For that reason, second reading of the annexation cannot occur until after the County issues a CO. The Planning and Development Department will schedule second and final reading after the applicant obtains the CO. 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: • Water, sanitary sewer, and solid waste service will be provided by the City of Clearwater. The closest sanitary sewer and water lines are located in the adjacent Sunset Point Road right-of-way. The applicant is aware that the City’s water impact and assessment fees must be paid in full prior to connection and of the additional costs to extend City water service to this property. The applicant has paid the required sewer impact and assessment fees in full and is aware of the additional costs to extend to the City’s sewer system. Collection of solid waste will be provided by the City of Clearwater. The property is located within Police District II and service will be administered through the district headquarters located at 645 Pierce Street. Fire and emergency medical services will be provided to this property by Station #51 located at 1712 Overbrook Avenue. The City has adequate capacity to serve this property with water, sanitary sewer, solid waste, 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 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.7.2.3 Continue to process voluntary annexations for single-family residential properties upon request. • 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 Draft City Council Meeting Minutes July 21, 2022 Page 12 City of Clearwater units per acre. The proposed zoning district to be assigned to the property is the Low Medium Density Residential (LMDR) District. The proposed use of the subject property is consistent with the uses allowed in the District and the property exceeds the District’s minimum dimensional requirements. 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 to the north; therefore, the annexation is consistent with Florida Statutes Chapter 171.044. Ordinances 9583-22, 9584-22, and 9585-22 were presented and read by title only. Councilmember Bunker moved to 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 1221 Sunset Point Road and pass Ordinances 9583-22, 9584-22, and 9585-22 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Vice Mayor Beckman, Councilmember Allbritton, Councilmember Bunker and Councilmember Teixeira 8.5 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 1219 Sunset Point Road, and pass Ordinances 9586-22, 9587-22, and 9588-22 on first reading. (ANX2022-05008) This voluntary annexation petition involves a 0.137-acre property consisting of one parcel of vacant land. The property is located on the southeast corner of Sylvan Drive and Sunset Point Road. The applicant has indicated a desire to construct a detached dwelling on the property, although no plans have been submitted at this time. They are requesting annexation in order to receive water, sanitary sewer, and solid waste service from the City upon site development. The property is located within an enclave and is contiguous to city boundaries to the north. 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 Draft City Council Meeting Minutes July 21, 2022 Page 13 City of Clearwater Section 4-604.E as follows: • Water, sanitary sewer, and solid waste service will be provided by the City of Clearwater. The closest sanitary sewer line is located in the adjacent Sunset Point Road right-of-way. The closest water line is located in both the Sunset Point Road and Sylvan Drive rights-of-way. The applicant is aware that the City's water impact and assessment fees must be paid in full prior to connection and of the additional costs to extend City water service to this property. The applicant has paid the required sewer impact and assessment fees in full and is aware of the additional costs to extend to the City’s sewer system. The property is located within Police District II and service will be administered through the district headquarters located at 645 Pierce Street. Fire and emergency medical services will be provided to this property by Station #51 located at 1712 Overbrook Avenue. 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 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.7.2.3 Continue to process voluntary annexations for single-family residential properties upon request. • 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. The proposed use of a detached dwelling on the subject property is consistent with the uses allowed in the District and the property exceeds the District’s minimum dimensional requirements. 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 to the north; therefore, the annexation is consistent with Florida Statutes Chapter 171.044. Draft City Council Meeting Minutes July 21, 2022 Page 14 City of Clearwater Ordinances 9586-22, 9587-22, and 9588-22 were presented and read by title only. Councilmember Teixeira moved to 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 1219 Sunset Point Road, and pass Ordinances 9586-22, 9587-22, and 9588-22 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Vice Mayor Beckman, Councilmember Allbritton, Councilmember Bunker and Councilmember Teixeira 8.6 Approve a Future Land Use Map Amendment from Residential/Office General (R/OG) to Institutional (I) for the property located at 905 South Highland Avenue and pass Ordinance 9575-22 on first reading. (LUP2022-03003) This Future Land Use Map Amendment involves a 1.86-acre vacant property located on the east side of South Highland Avenue approximately 450 feet south of Druid Road. The parcel, owned by YMCA of the Suncoast Inc., is currently vacant; however, the property was previously occupied by a nursing home that was demolished in 2006. YMCA of the Suncoast would like the option to construct a new smaller facility to replace their current one on the parcel directly to the south, which has been sold to the Learning Independence for Tomorrow (LIFT) School. This amendment would allow the applicant to develop the property with a facility built for delivery of social/public services and/or educational services, although no plans have been submitted at this time. The request is to change the Future Land Use Map designation of the property from Residential/Office General (R/OG) to Institutional (I). The proposed future land use designation of Institutional (I) is compatible with the surrounding uses which includes institutional and single-family residential uses that exist in the vicinity of the subject property. A request to rezone the property from the Office (O) District to the Institutional (I) District is being processed concurrently with this case (REZ2022-03003). An amendment to the Countywide Plan Map will also be required to bring consistency between the city’s Future Land Use Map and the Countywide Plan Map. The applicant understands all necessary approvals and permits must be obtained before development of the subject site occurs. Draft City Council Meeting Minutes July 21, 2022 Page 15 City of Clearwater The Planning and Development Department determined that the proposed Future Land Use Map Amendment is consistent with the Clearwater Comprehensive Plan and Community Development Code as specified below: • The amendment will further implementation of the Comprehensive Plan consistent with the goals, policies and objectives contained in the Plan. • The amendment is not inconsistent with other provisions of the Comprehensive Plan. • 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. • Sufficient public facilities are available to serve the subject property. • The amendment will not adversely affect the natural environment. • The amendment will not adversely impact the use of property in the immediate area. The Community Development Board reviewed this application at its June 21, 2022 public hearing and made a unanimous recommendation of approval to City Council. Ordinance 9575-22 was presented and read by title only. Councilmember Allbritton moved to approve a Future Land Use Map Amendment from Residential/Office General (R/OG) to Institutional (I) for the property located at 905 South Highland Avenue and pass Ordinance 9575-22 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Vice Mayor Beckman, Councilmember Allbritton, Councilmember Bunker and Councilmember Teixeira 8.7 Approve a Development Agreement between the City of Clearwater and Gotham Property Acquisitions, LLC and The DeNunzio Group providing for the redevelopment of two sites on the west side of Osceola Avenue abutting Coachman Park in the Downtown Core for overnight accommodations, attached dwellings, commercial uses such as retail, food and beverage, cultural uses and event space pursuant to Community Development Code Section 4-606; adopt Resolution 22-15, and authorize appropriate officials to execute same. (DVA2022-06001) The properties subject to this Development Agreement include a portion of the former City Hall site located at the northwest corner South Osceola Avenue and Draft City Council Meeting Minutes July 21, 2022 Page 16 City of Clearwater Pierce Street (112 South Osceola Avenue) and a portion of the former Harborview site located north of Cleveland Street (50 North Osceola Avenue). The properties are located within the Central Business District (CBD) future land use category, the Downtown (D) District and the Downtown Core Character District of the Clearwater Downtown Redevelopment Plan. The proposed Development Agreement between the City and the Developer (i.e., Gotham Property Acquisitions, LLC and The DeNunzio Group, LLC) is anticipated to be in effect for 30 years and includes the following main provisions: • Permits certain uses: Attached dwellings (apartments), hotel, commercial uses such as retail, food and beverage, and cultural uses, and event space • Prohibits certain uses: Self-storage facilities, nightclubs and light assembly uses • Limits building height: former Harborview site limited to 157 feet for the hotel (north building) and 53 feet for the south building; City Hall site limited to 289 feet • Establishes maximum density and intensity (FAR) for both sites, consistent with the Clearwater Downtown Redevelopment Plan and Community Development Code • Anticipates Public Amenities Incentive Pool allocation by the Community Development Board: 36 hotel units and 422 residential units • Requires minimum number of surface and underground off-street parking spaces: 169 parking spaces at the former Harborview site, 119 of which will be reserved and allocated for hotel use, and 600 underground parking spaces at the City Hall site • Anticipates the need for the City to process a plat for the city-owned property along the waterfront and bluff. • Recognizes the need for a license agreement to govern cross access between the Library parking lot and the former Harborview site • Requires all buildings to be constructed to standards equivalent to LEED Silver certification The proposal is in compliance with the standards for Development Agreements contained in Section 4-606, is consistent with the City’s Comprehensive Plan and Community Development Code, and furthers the vision of Downtown redevelopment as set forth in Clearwater Downtown Redevelopment Plan, as determined by the Planning and Development Department. The Community Development Board will review this Development Agreement Draft City Council Meeting Minutes July 21, 2022 Page 17 City of Clearwater application at its public hearing on July 19, 2022 and make a recommendation to City Council. The Planning and Development Department staff will report the recommendation at the city council meeting. APPROPRIATION CODE AND AMOUNT: Funding for this agreement is available in the unrestricted reserve balance of the Parking Fund. USE OF RESERVE FUNDS: The remaining balance of Parking Fund reserves after 25% working capital reserves is approximately $13.0 million or 156% of the current Parking Fund operating budget. Planning and Development Director Gina Clayton said the Community Development Board held the first required public hearing on Tuesday, July 19 and unanimously recommended approval of the agreement. In response to questions, Ms. Clayton said the City Attorney said he recommends continuing the item to August 4, 2022; a few scrivener errors were identified in the agreement and it was best to approve the agreement when the ordinance for the referendum is adopted on August 4, 2022. The developer team has agreed. He said the continuance will provide three public hearings on the development agreement. Ms. Clayton said the Clearwater Development Code requires .7 parking spaces per hotel unit; the proposed project meets the requirement. She said there are no parking requirements for retail in the downtown. The Downtown Plan views parking as infrastructure, with the goal to have parking throughout downtown and not take up space at each development site. Ms. Clayton said the private sector would determine if more parking was needed beyond the one space per rental unit requirement. The City will be responsible for the maintenance of the bluff walk bridge. Developer representative Katie Cole, Architect Jordan Behar, and Stantec representative Frank Domingo provided a PowerPoint presentation. In response to questions, Ms. Cole said the project proposes 769 parking spaces in total, with one space per unit at the city hall site. Substantially complete is a defined term; 93% of the units are available for occupancy. She said the provision regarding the transfer of property prior to the certificate of occupancy is important to the developers and owners from a financing standpoint related to estate planning. She said the development group expects a 4-year construction time period. Draft City Council Meeting Minutes July 21, 2022 Page 18 City of Clearwater One individual spoke in support and suggested that an active waterfront edge be implemented into the plan. He suggested including amenities similar to those found in the Bradenton Riverwalk and having the information available to the public. Discussion ensued with comments made supporting the project. A suggestion was made that a set-aside for workforce housing (i.e., 120% AMI) should be required as the project is located on publicly-owned land. Comments were made that the funds could be used to build workforce housing on another publicly-owned land, that the construction at this location will be more expensive than other mixed-income projects, and that a luxury waterfront residential is not an effective location for workforce housing. Councilmember Bunker moved to continue Item 8.7 to August 4, 2022. The motion was duly seconded and carried unanimously. Ayes: 5 - Mayor Hibbard, Vice Mayor Beckman, Councilmember Allbritton, Councilmember Bunker and Councilmember Teixeira The Council recessed from 8:02 p.m. to 8:14 p.m. 8.8 Withdrawn: Deny a Future Land Use Map Amendment from the Residential Low (RL) category to the Institutional (I) category for the property located at 1885 County Road (CR) 193 and do not pass Ordinance 9577-22 on first reading. (LUP2022-04004) This Future Land Use Map Amendment involves a 2.618-acre property located on the east side of CR 193 approximately 500 feet south of Sunset Point Road. The applicant, St. Mary and St. Mina Coptic Orthodox Church, is requesting to amend the future land use category from Residential Low (RL) to Institutional (I). The applicant has submitted a Zoning Atlas Amendment which is being processed concurrently with this case (REZ2022-04004). The subject property is currently developed with a detached dwelling which was constructed in 1973. In 2006, the property was annexed into the city by ordinance No. 7683-06, with subsequent ordinances establishing the future land use of Residential Low (RL) and zoning designation of Low Medium Density Residential (LMDR). St. Mary and St. Mina Coptic Orthodox Church (hereinafter the Church) purchased the property in 2015. The Church also owns the property adjacent to the south, 2930 CR 193, and operates their main Church campus from this site which consists of three buildings totaling just under 30,000 square feet of development of 4.469± acres. Draft City Council Meeting Minutes July 21, 2022 Page 19 City of Clearwater Site plans are not required as part of Future Land Use Map amendment applications; however, the applicant has previously brought forward conceptual site plans that propose a two-story, 28,000 square foot multi-use building with associated parking on the subject property and rearranged parking on the main Church property, including during pre-application meetings late last year. Staff has not formally reviewed the site plan, but previous comments focused on the increase of development potential in the requested Institutional (I) future land use category and uses in the consistent zoning district, as well as concerns about additional traffic. Staff encouraged the applicant to explore site design options where future vertical development is limited to the main Church parcel to the south which is already designated as Institutional (I), and to explore ways to mitigate impacts to surrounding properties. The proposed expansion of the Institutional (I) future land use category would negatively impact the low-density character of the area. The addition of Institutional property as proposed is incompatible with surrounding uses and inconsistent with the character of the surrounding properties and neighborhood. Additionally, the increase in development potential would likely lead to traffic capacity issues along CR 193, a dead-end roadway that lacks sidewalks and has no opportunities to connect to Sunset Point Road or another outlet. The main Church campus to the south, 2930 CR 193, has a maximum development potential of up to 126,534 square feet based on its current designation of Institutional (I) on the city’s Future Land Use Map. The existing development is approximately 29,247 square feet, which leaves up to 97,287 square feet of unrealized development potential on the site. The main Church campus could support expansion of the Church without the need to extend the Institutional (I) future land use category north to the subject property. The Planning and Development Department has determined that the proposed Future Land Use Map Amendment is not consistent with the provisions of the Clearwater Community Development Code as specified below: • The amendment will not further implementation of the Comprehensive Plan consistent with the goals, policies and objectives contained in the Plan. • The amendment is inconsistent with other provisions of the Comprehensive Plan. • The available uses, if applicable, to which the property may be put are not appropriate to the property in question and not compatible with existing and planned uses in the area. • Sufficient public facilities are available to serve the subject property; however, sufficient traffic levels of service are not available to serve the property. • The amendment will adversely impact the use of properties in the immediate area. If approved, the proposed City of Clearwater future land use category of Residential Low (RL) will necessitate an amendment of the Countywide Plan Draft City Council Meeting Minutes July 21, 2022 Page 20 City of Clearwater Map from the Residential Low Medium (RLM) category to the Public/Semi-Public (P/SP) category. In accordance with the Countywide Plan Rules, the land use plan amendment is subject to the approval of Forward Pinellas, in its role as the Pinellas Planning Council, and the Board of County Commissioners acting as the Countywide Planning Authority. The application is a small-scale amendment so review and approval by the Florida Department of Economic Opportunity would not be required. The Community Development Board reviewed this application at its June 21, 2022 public hearing and made a unanimous recommendation of denial to City Council. 8.9 Withdrawn: Deny a Zoning Atlas Amendment from the Low Medium Density Residential (LMDR) District to the Institutional (I) District for the property located at 1885 County Road (CR) 193 and do not pass Ordinance 9578-22 on first reading. (REZ2022-04004) This Zoning Atlas Amendment involves a 2.618-acre property located on the east side of CR 193 approximately 500 feet south of Sunset Point Road. The applicant, St. Mary and St. Mina Coptic Orthodox Church, is requesting to rezone the property from the Low Medium Density Residential (LMDR) District to the Institutional (I) District. The applicant has submitted a Future Land Use Map Amendment, which is being processed concurrently with this case (LUP2022-04004). The subject property is currently developed with a detached dwelling which was constructed in 1973. In 2006, the property was annexed into the city by ordinance No. 7683-06, with subsequent ordinances establishing the future land use of Residential Low (RL) and zoning designation of Low Medium Density Residential (LMDR). St. Mary and St. Mina Coptic Orthodox Church (hereinafter the Church) purchased the property in 2015. The Church also owns the property adjacent to the south, 2930 CR 193, and operates their main Church campus from this site which consists of three buildings totaling just under 30,000 square feet of development of 4.469± acres. Site plans are not required as part of rezoning applications; however, the applicant has previously brought forward conceptual site plans that propose a two-story, 28,000 square foot multi-use building with associated parking on the subject property and rearranged parking on the main Church property, including during pre-application meetings earlier this year. Staff has not formally reviewed the site plan, but previous comments focused on the increase of permitted uses in the requested Institutional (I) zoning district and development potential in the consistent future land use category, as well as concerns about additional traffic. Staff encouraged the applicant to explore site design options where future vertical development is limited to the main Church parcel to the south which is already designated Institutional (I) District, and to explore ways to mitigate impacts to surrounding properties. The proposed expansion of the Institutional (I) zoning district would negatively Draft City Council Meeting Minutes July 21, 2022 Page 21 City of Clearwater impact the low-density character of the area. The addition of Institutional property as proposed is incompatible with surrounding uses and inconsistent with the character of the surrounding properties and neighborhood. Additionally, the increase in development would likely lead to traffic capacity issues along CR 193, a dead-end roadway that lacks sidewalks and has no opportunities to connect to Sunset Point Road or another outlet. The main Church campus to the south, 2930 CR 193, has a maximum development potential of up to 126,534 square feet based on its current designation of Institutional (I) on the city’s Future Land Use Map. The existing development is approximately 29,247 square feet, which leaves up to 97,287 square feet of unrealized development potential on the site. The main Church campus could support expansion of the Church without the need to extend the Institutional (I) zoning district north to the subject property. The Planning and Development Department has determined that the proposed Zoning Atlas Amendment is not consistent with the provisions of the Community Development Code as specified below: • The proposed amendment is not consistent with the Comprehensive Plan and the Community Development Code. • The available uses in the Institutional (I) District are not compatible with the surrounding area. • The proposed amendment is not compatible with the surrounding property and character of the neighborhood. • The proposed amendment will adversely or unreasonably affect the use of other property in the area. • The proposed amendment will not adversely burden public facilities, excluding the traffic-carrying capacities of streets, in an unreasonably or disproportionate manner. The Community Development Board reviewed this application at its June 21, 2022 public hearing and made a unanimous recommendation of denial to City Council. 9. Quasi-Judicial Public Hearings 9.1 Approve a Zoning Atlas Amendment from the Office (O) District to the Institutional (I) District for property located at 905 South Highland Avenue and pass Ordinance 9576-22 on first reading. (REZ2022-03003) This Zoning Atlas Amendment involves a 1.86-acre vacant property located on the east side of South Highland Avenue approximately 450 feet south of Druid Road. The parcel, owned by YMCA of the Suncoast Inc., is currently vacant; Draft City Council Meeting Minutes July 21, 2022 Page 22 City of Clearwater however, the property was previously occupied by a nursing home that was demolished in 2006. YMCA of the Suncoast would like the option to construct a new smaller facility to replace their current one on the parcel directly to the south, which has been sold to the Learning Independence for Tomorrow (LIFT) School. This amendment would allow the applicant to develop the property with a facility built for delivery of social/public services and/or educational services, although no plans have been submitted at this time. The request is to change the property’s Zoning Atlas designation from the Office (O) District to the Institutional (I) District. A request to amend the future land use designation of the property from Residential/Office General (R/OG) to Institutional (I) is being processed concurrently with this case (LUP2022-03003). Social and community centers are not a listed permitted use in the Office (O) District and would require submission of a Comprehensive Infill Redevelopment application. The proposed amendment would allow for the property to be developed with the clarity of institutional standards. The Planning and Development Department determined that the proposed Zoning Atlas Amendment is consistent with the Clearwater Community Development Code as specified below: • The proposed amendment is consistent with the Comprehensive Plan and the Community Development Code. • The available uses in the Institutional (I) District are compatible with the surrounding area. • The proposed amendment is compatible with the surrounding property and character of the neighborhood. • The proposed amendment will not adversely or unreasonably affect the use of other property in the area. • The proposed amendment will not adversely burden public facilities, including the traffic-carrying capacities of streets, in an unreasonably or disproportionate manner. • The proposed Institutional (I) District boundaries are appropriately drawn in regard to location and classification of streets, ownership lines, existing improvements, and the natural environment. The Community Development Board reviewed this application at its June 21, 2022 public hearing and made a unanimous recommendation of approval to City Council. Ordinance 9576-22 was presented and read by title only. Draft City Council Meeting Minutes July 21, 2022 Page 23 City of Clearwater Vice Mayor Beckman moved to approve a Zoning Atlas Amendment from the Office (O) District to the Institutional (I) District for property located at 905 South Highland Avenue and pass Ordinance 9576-22 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Vice Mayor Beckman, Councilmember Allbritton, Councilmember Bunker and Councilmember Teixeira 10. Second Readings - Public Hearing 10.1 Adopt Ordinance 9564-22 on third reading, annexing certain real property whose post office address is 1272 Sedeeva Circle N., Clearwater, FL 33755, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Ordinance 9564-22 was presented and read by title only. Councilmember Teixeira moved to adopt Ordinance 9564-22 on third and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Vice Mayor Beckman, Councilmember Allbritton, Councilmember Bunker and Councilmember Teixeira 10.2 Adopt Ordinance 9565-22 on third reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 1272 Sedeeva Circle N., Clearwater, FL 33755, upon annexation into the City of Clearwater, as Residential Urban (RU). Ordinance 9565-22 was presented and read by title only. Councilmember Allbritton moved to adopt Ordinance 9565-22 on third and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Vice Mayor Beckman, Councilmember Allbritton, Councilmember Bunker and Councilmember Teixeira 10.3 Adopt Ordinance 9566-22 on third reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1272 Sedeeva Circle N., Clearwater, FL 33755, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). Ordinance 9566-22 was presented and read by title only. Vice Mayor Beckman moved to adopt Ordinance 9566-22 on second and final Draft City Council Meeting Minutes July 21, 2022 Page 24 City of Clearwater reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Vice Mayor Beckman, Councilmember Allbritton, Councilmember Bunker and Councilmember Teixeira 10.4 Adopt Ordinance 9589-22 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 Development Fund, Special Program Fund, Gas Fund, Marine Fund, and Parking Fund. Ordinance 9589-22 was presented and read by title only. Councilmember Bunker moved to adopt Ordinance 9589-22 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Vice Mayor Beckman, Councilmember Allbritton, Councilmember Bunker and Councilmember Teixeira 10.5 Adopt Ordinance 9590-22 on second reading, amending the Capital Improvement Budget for the fiscal year ending September 30, 2022, to reflect an increase of $12,724,924. Ordinance 9590-22 was presented and read by title only. Councilmember Teixeira moved to adopt Ordinance 9590-22 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 4 - Vice Mayor Beckman, Councilmember Allbritton, Councilmember Bunker and Councilmember Teixeira Nays: 1 - Mayor Hibbard Motion carried. 10.6 Continue to August 4, 2022: Adopt Ordinance 9597-22 on second reading, calling for an election to be held on November 8, 2022 on a proposed amendment to the City Charter to allow the City to negotiate the development and sale of certain unoccupied properties in the downtown core for the purpose of creating a vibrant, mixed-use development consisting of apartments, hotel and commercial space including restaurant dining, cafes, and event space, activating the area adjacent to Coachman Park. Councilmember Allbritton moved to continue Item 10.6 to August 4, 2022. The motion was duly seconded and carried unanimously. Draft City Council Meeting Minutes July 21, 2022 Page 25 City of Clearwater Ayes: 5 - Mayor Hibbard, Vice Mayor Beckman, Councilmember Allbritton, Councilmember Bunker and Councilmember Teixeira 11. City Manager Reports 11.1 Adopt a tentative millage rate of 5.9550 mills for fiscal year 2022/23; set public hearing dates on the budget for September 15, 2022 and September 29, 2022, to be held no earlier than 6:00 p.m., and schedule a special work session on August 4, 2022, at 3:00 p.m. to fully discuss the proposed budget. In accordance with the Truth in Millage (TRIM) process, the City Council must adopt a tentative millage rate and set public hearing dates prior to finalizing and adopting a budget. This information must be provided to the Pinellas County Property Appraiser and Tax Collector by August 2, 2022. The City's proposed millage rate and public hearing dates will be included on the TRIM notices mailed to taxpayers in August. This tentative rate cannot be increased without first-class mailing notification to each taxpayer at the expense of the City of Clearwater, not less than 10 days and not more than 15 days before the public hearing. The City Manager's recommended millage rate is 5.9550 mills, the same as the current year. This rate is 11.80% more than the rolled back rate of 5.3264 mills. The rolled-back rate is the millage rate that will provide the City with the same property tax revenue as was levied in the prior year. If the proposed millage rate of 5.9550 mills is adopted, the City's ordinance adopting the millage rate will reflect an 11.80% increase from the rolled-back rate of 5.3264 mills. The proposed millage rate as well as other TRIM millage rates will be noted on the 2022 compliance forms as follows: 5.9550 mills - Tentative millage rate 5.3264 mills - Rolled-back millage rate 6.1675 mills - Maximum majority vote rate 6.7843 mills - Maximum two-thirds vote rate A special budget work session is being scheduled for Thursday, August 4, 2022, at 3:00 p.m. to fully discuss the proposed budget. Budget Manager Kayleen Kastel provided a PowerPoint presentation. Vice Mayor Beckman moved to adopt a tentative millage rate of 5.9550 mills for fiscal year 2022/23; set public hearing dates on the budget for September 15, 2022 and September 29, 2022, to be held no earlier than 6:00 p.m., and schedule a special work session on Draft City Council Meeting Minutes July 21, 2022 Page 26 City of Clearwater August 4, 2022, at 3:00 p.m. to fully discuss the proposed budget. The motion was duly seconded and carried unanimously. 11.2 Amend Clearwater Code of Ordinances, Chapter 2, Article VI, Division 3, Purchasing, revising Section 2.542, Section 2.554, Section 2.561, and Section 2.563; and Division 4, Disposal and Disposition of Surplus Tangible Personal Property, revising Section 2.623; and pass Ordinance 9596-22 on first reading. Staff is proposing the following changes to update procurement code procedures and authorization thresholds, as well as updating the required dollar threshold for city council approval of the disposal of surplus property. The procurement code provides an exception from competitive bidding for micro purchases, which are purchases of commodities and services with a value of $2,500 or less. An increase in the micro purchase threshold from the current level of $2,500 to $10,000 is proposed. The $2,500 level has been in place since 2001 and the increase is requested due to rising costs and other economic factors that support an expedited and efficient procurement process. Similarly, the City Manager’s authorization level for disposition of surplus tangible personal property has been $5,000 for more than 20 years. Staff is requesting that the City Manager authorization be increased to $50,000. Dispositions in excess of $50,000 will require city council approval. Other minor changes and updates to the ordinance include clarification that contracts for commodities should not exceed five years, an updated description of requirements for performance and payment bonds, and other non-substantive updates to ordinance terminology. Ordinance 9596-22 was presented and read by title only. Councilmember Bunker moved to amend Clearwater Code of Ordinances, Chapter 2, Article VI, Division 3, Purchasing, revising Section 2.542, Section 2.554, Section 2.561, and Section 2.563; and Division 4, Disposal and Disposition of Surplus Tangible Personal Property, revising Section 2.623; and pass Ordinance 9596-22 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Vice Mayor Beckman, Councilmember Allbritton, Councilmember Bunker and Councilmember Teixeira 11.3 Authorize the Marine and Aviation Director to apply for and administer the Florida Fish and Wildlife Conservation Commission (FWC) Sportfishing Restoration / Florida Boating Infrastructure Grant(s) on behalf of the City of Clearwater, for Capital Improvements Draft City Council Meeting Minutes July 21, 2022 Page 27 City of Clearwater Project (C1905), Clearwater Beach Marina and adopt Resolution 22-16. On October 7, 2021, Clearwater City Council Authorized the Marine and Aviation Department to proceed with the design and engineering phase of the Clearwater Beach Marina Replacement Project (Project # 21-0008-MA). The last comprehensive renovation to this marina took place in 1977. This extensive project involves the complete replacement of all utilities, docks, and fueling facilities at the Clearwater Beach Marina. Part of the scope of work for the Design and Engineering Team, Moffatt & Nichol, involved identification of potential grant funding sources applicable to the project. Accordingly, there are potential Florida Fish and Wildlife Conservation Commission (FWC) grant opportunities available that could finance portions of the project related to transient boaters and the general boating public. The FWC application process requires a City Council Resolution authorizing a representative of the City to apply for and administer these grants. If adopted by council resolution, the Marine and Aviation Director, Eric Gandy, would be authorized to act on behalf of the City to apply for and administer the applicable grants. The resolution would also reflect the Council’s commitment to entering into a twenty-year agreement for the maintenance and operation of the project(s). This resolution allows for the application. If the City is chosen as a grant recipient, the grant would be presented to Council for approval. Resolution 22-16 was presented and read by title only. Councilmember Teixeira moved to authorize the Marine and Aviation Director to apply for and administer the Florida Fish and Wildlife Conservation Commission (FWC) Sportfishing Restoration / Florida Boating Infrastructure Grant(s) on behalf of the City of Clearwater, for Capital Improvements Project (C1905), Clearwater Beach Marina and adopt Resolution 22-16. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Vice Mayor Beckman, Councilmember Allbritton, Councilmember Bunker and Councilmember Teixeira 12. City Attorney Reports 12.1 Call for an election on November 8, 2022 to present a referendum question to the city electors amending the Charter of the City to allow the redevelopment and sale of two certain unoccupied properties in the downtown core and pass Ordinance 9597-22 on first reading. On May 5, 2022, City Council directed the City Manager and City Attorney to take all necessary actions to identify a redevelopment concept and team(s) for the former City Hall site and former Harborview Center site to present to Clearwater voters for consideration at a November 8, 2022, referendum. Staff Draft City Council Meeting Minutes July 21, 2022 Page 28 City of Clearwater recommended disposition of the properties through an open call for development concepts and adoption of a development agreement to better define and manage the long-term redevelopment of the sites. The City of Clearwater has adopted a community redevelopment plan entitled the 2018 Clearwater Downtown Redevelopment Plan, which contemplates the area generally referred to as Downtown Clearwater as a community redevelopment area. Pursuant to Florida Statute § 163.380(3)(a), the City released a Call for Development Concepts #28-22 by publication in a newspaper having a general circulation in Clearwater, Florida. The solicitation closed on June 9, 2022. The solicitation was designed to identify opportunities to redevelop the former City Hall, which is unoccupied, and the former Harborview Center, which is vacant land. Both properties are located within the downtown core, and within the community redevelopment area. After reviewing each of the three responses, on June 16, 2022 the City Council unanimously selected Gotham Property Acquisitions and The DeNunzio Group as the City’s development partners for these properties. When selling city property, the Clearwater City Charter normally requires the City to sell the property to the highest bidder at a public auction. Although the City can impose terms or restrictions relating to bidding, a public auction could result in the purchase of these properties by a person or entity who would leave the properties vacant, or use the properties in a way that is undesirable for Clearwater residents. In addition, a public auction leaves the City with no mechanism, subsequent to the sale, to compel the buyer to design their property in a certain way, or advance their plans in a timely manner. Instead of conducting a public auction, the ordinance proposes an amendment to the City Charter whereby the City will be allowed to enter into a purchase and development agreement with Gotham and DeNunzio. This ordinance, if approved by Council and by voters, will allow the City and voters to have certainty as to the identity of the purchaser, and the purchaser’s plan for the properties. The proposed Charter amendment confers this authority only as to the two properties described in the ordinance. Ordinance 9597-22 was presented and read by title only. Vice Mayor Beckman moved to call for an election on November 8, 2022 to present a referendum question to the city electors amending the Charter of the City to allow the redevelopment and sale of two Draft City Council Meeting Minutes July 21, 2022 Page 29 City of Clearwater certain unoccupied properties in the downtown core and pass Ordinance 9597-22 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Vice Mayor Beckman, Councilmember Allbritton, Councilmember Bunker and Councilmember Teixeira 13. Closing comments by Councilmembers (limited to 3 minutes) Councilmember Allbritton said the City is so close to making Imagine Clearwater happen which is one of the things he wanted to be on Council for. Councilmember Teixeira said staff has made her comfortable with the Bluff Development Agreement process and she appreciates the work everyone has put in. She said she has been impressed with the Parks & Recreation summer camp staff; staff is working hard and it is reflected in the youth. 14. Closing Comments by Mayor Mayor Hibbard reviewed recent and upcoming events, offered condolences for the passing of Nick Pappas, and congratulated Troop 484 members Steven Issari, Collin Carpenter, Jude Palma, Nicholas Silvestro, and Hunter Herr for achieving the Eagle Scout rank. 15. Adjourn The meeting adjourned at 8:48 a.m. Mayor City of Clearwater Attest City Clerk Draft Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0748 Agenda Date: 8/4/2022 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Gas System Agenda Number: 7.1 SUBJECT/RECOMMENDATION: Approve a Services Agreement and Purchase Order to Heath Consultants, Inc. of Houston, TX to provide gas leak surveys, corrosion inspections and meter maintenance in the annual not-to-exceed amount of $217,360.00 with the option for two, one-year renewals, pursuant to Invitation to Bid (ITB) 15-22, and authorize the appropriate officials to execute same. (consent) SUMMARY: Clearwater Gas System (CGS) is requesting to use Heath Consultants, Inc. to perform gas leak surveys and corrosion inspections on CGS's natural and propane gas distribution pipeline system. In addition, Heath will perform preventive maintenance (i.e., sanding and painting) on natural gas meters at various customer locations. The inspection and maintenance work are required by Title 49 Code of Federal Regulations, Section 192 (49CFR192) and Chapter 25-12 of the FL Administrative Code. The Public Service Commission inspector verifies compliance on these items during the annual audit. Gas leak surveys consist of walking/riding along the gas distribution system to detect any natural gas/propane present in the air. These surveys must be conducted every year for the Business District and once every three years in Non-Business District locations. As part of the surveys, Heath will inspect customer gas meter sets to verify there is no visible corrosion. If any corrosion is present, they will perform the necessary maintenance based on the Price Schedule of the Agreement noted on the bid tabulation. Heath was selected under Invitation to Bid 15-22, Surveys and Corrosion Prevention Coating Services. The Agreement with renewal options will be a three-year term. One-third of the Non-Business District locations will be performed each year, along with one third of the Atmospheric Corrosion survey in Business Districts. APPROPRIATION CODE AND AMOUNT: CGS has budgeted funds available in account codes 4232066-530300 (Pinellas - Contractual Services) - $130,400.00, 4232173-530300 (Pasco - Contractual Services) - $86,960.00. Page 1 City of Clearwater Printed on 8/3/2022 CITY OF CLEARWATER ITB # 15-22: Surveys and Corrosion Prevention Coating Services DUE DATE: June 30, 2022; 10:00 AM BID TABULATION Item No.Description Est. Quantity (UOM) Unit Price (UOM) Total Price 1 Business District - Gas Leak Survey (Year One)1 $59,280.00 $ 59,280.00 2 Business District - Gas Leak Survey (Year Two)1 $59,280.00 $ 59,280.00 3 Business District - Gas Leak Survey (Year Three)1 $59,280.00 $ 59,280.00 4 Business District - Atmospheric Corrosion Survey (Year One)1 $15,808.00 $ 15,808.00 5 Business District - Atmospheric Corrosion Survey (Year Two)1 $15,808.00 $ 15,808.00 6 Business District - Atmospheric Corrosion Survey (Year Three)1 $15,808.00 $ 15,808.00 7 Outside Business District - Gas Leak Survey (Year One)1 $86,944.00 $ 86,944.00 8 Outside Business District - Gas Leak Survey (Year Two)1 $86,944.00 $ 86,944.00 9 Outside Business District - Gas Leak Survey (Year Three)1 $86,944.00 $ 86,944.00 10 Outside Business District - Atmospheric Corrosion Survey (Year One)1 $35,568.00 $ 35,568.00 11 Outside Business District - Atmospheric Corrosion Survey (Year Two)1 $35,568.00 $ 35,568.00 12 Outside Business District - Atmospheric Corrosion Survey (Year Three)1 $35,568.00 $ 35,568.00 13 Coating Services (including all labor, misc. materials, equipment, etc.) (Per Meter)1 $12.00 $ 12.00 14 Miscellaneous work (per hour)1 $52.00 $ 52.00 Total Bid Items 1 – 14: $ 592,864.00 Heath Consultants Incorporated - Houston, TX Page 1 of 1 9030 Monroe Road, Houston, TX 77061 • Phone: 713-844-1300 • Fax: 713-844-1309 • Email: contractsadmin@heathus.com June 29th, 2022 Attn: Scott Burrows City of Clearwater PO Box 4748 Clearwater FL 33758-4748 Tel: 727-562-4633 Email: Scott.Burrows@MyClearwater.com RE: ITB 15-22_Surveys and Corrosion Prevention Coating Services Mr. Burrows, Heath Consultants Incorporated is pleased to submit the following proposal to provide Corrosion Prevention and Gas Leak Survey services to the City of Clearwater. Heath will be using the RMLD for the survey and GMI for leak classification and centering. The technicians who will be performing the job are William Widua with 8 years experience leak survey and Joseph Frazer with 12 years leak survey experience. The anticipated bi-weekly average work hours are 160 per grid section. Heath is committed to providing high quality service to our clients at a competitive price. We have a long and successful relationship with the City of Clearwater and hope to continue. All the forms provided in the bid package have been completed. The terms and conditions have been redlined. We have included the following supporting documents in this proposal: •W-9 •WBENC Certificate •Certificate of insurance •Performance Evaluation •OQ Plan / Resumes If you have any questions regarding this proposal, please contact your Heath representative, Jessie Spires, by either email at j.spires@heathus.com or by cell at 561-400-1633. Thank you for the opportunity to submit this proposal we look forward to working with you. Sincerely, Ken Cowher VP of Operations Cc: Patrick Jacobs (Nation Sales Director); Gerald Sims (VP of Sales); Ken Cowher (VP of SBU); Contracts Shawn Baumgardner (Director | Director of Division 40) STANDARD TERMS AND CONDITIONS Surveys and Corrosion Prevention 7 ITB #15-22 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 Surveys and Corrosion Prevention 8 ITB #15-22 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 Surveys and Corrosion Prevention 9 ITB #15-22 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 Surveys and Corrosion Prevention 10 ITB #15-22 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 Surveys and Corrosion Prevention 11 ITB #15-22 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 Surveys and Corrosion Prevention 12 ITB #15-22 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. Notwithstanding the above in the event of joint and concurrent negligence of City or Contractor, each party shall be responsible for the percentage or negligence attributed to it by agreement between the parties or in a court of competent jurisdiction. T.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 Surveys and Corrosion Prevention 13 ITB #15-22 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 Surveys and Corrosion Prevention 14 ITB #15-22 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. BID PRICING Surveys and Corrosion Prevention 22 ITB #15-22 Pursuant to the contract specifications enumerated and described in this solicitation, we agree to furnish Surveys and Corrosion Prevention Coating Services to the City of Clearwater at the price(s) stated below. Year One Year Two Year Three Business District – Gas Leak Survey Percentage of district to be surveyed/year $ 100% $ 100% $ 100% Business District – Atmospheric Corrosion Survey Percentage of district to be surveyed/year $ 100% $ 100% $ 100% Outside Business District – Gas Leak Survey Percentage of district to be surveyed/year $ 33⅓% $ 33⅓% $ 33⅓% Outside Business District – Atmospheric Corrosion Survey Percentage of district to be surveyed/year $ 33⅓% $ 33⅓% $ 33⅓% TOTAL ANNUAL COST FOR SURVEYS TO BE PERFORMED $ $ $ Atmospheric Corrosion Prevention Work –Pricing for Years One and Two Coating services (including all labor, misc. materials, equipment, etc.)$ /meter Miscellaneous work $ /hour DELIVERY REQUIREMENTS FOB: Destination, Freight Prepaid and Allowed Freight Costs: Unit prices should include all freight and transportation charges PAYMENT TERMS: City of Clearwater’s standard payment terms are NET30 Vendor: _________________________________________ Date: _______________________________ 59,280.00 15,808.00 15,808.00 15,808.00 86,944.00 35,568.00 35,568.00 197,600.00197,600.00197,600.00 35,568.00 86,944.0086,944.00 59,280.0059,280.00 12.00 52.00 Heath Consultants Incorporated 06/28/2022 EXCEPTIONS/ADDITIONAL MATERIALS/ADDENDA Surveys and Corrosion Prevention 23 ITB #15-22 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: ____ **See attached redlined T&C Heath Consultants Incorporated 06/28/2022 VENDOR INFORMATION Surveys and Corrosion Prevention 24 ITB #15-22 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. Heath Consultants Incorporated 9030 Monroe Rd Houston TX 713-844-1300 77061 contractsadmin@heathus.com www.heathus.com 00-106-0656 Anas Abdul Rahman 713-844-1309 713-844-1375 contractsadmin@heathus.com Brian Persenaire 561-261-9034 b.persenaire@heathus.com Heath Consultants Incorporated X OFFER CERTIFICATION By signing and submitting this Bid, the Vendor certifies that: a) It is under no legal prohibition on contracting with the City of Clearwater. b) It has read, understands, and is in compliance with the specifications, terms and conditions stated herein, as well as its attachments, and any referenced documents. c) It has no known, undisclosed conflicts of interest. d) The prices offered were independently developed without consultation or collusion with any of the other respondents or potential respondents or any other anti-competitive practices. e) No offer of gifts, payments or other consideration were made to any City employee, officer, elected official, or consultant who has or may have had a role in the procurement process for the services and or goods/materials covered by this contract. f) It understands the City of Clearwater may copy all parts of this response, including without limitation any documents and/or materials copyrighted by the respondent, for internal use in evaluating respondent’s offer, or in response to a public records request under Florida’s public records law (F.S. 119) or other applicable law, subpoena, or other judicial process; provided that Clearwater agrees not to change or delete any copyright or proprietary notices. g) Respondent hereby warrants to the City that the respondent and each of its subcontractors (“Subcontractors”) will comply with, and are contractually obligated to comply with, all Federal Immigration laws and regulations that relate to their employees. h) Respondent certifies that they are not in violation of section 6(j) of the Federal Export Administration Act and not debarred by any Federal or public agency. i) It will provide the materials or services specified in compliance with all Federal, State, and Local Statutes and Rules if awarded by the City. j) It is current in all obligations due to the City. k) It will accept such terms and conditions in a resulting contract if awarded by the City. l) The signatory is an officer or duly authorized agent of the respondent with full power and authority to submit binding offers for the goods or services as specified herein. ACCEPTED AND AGREED TO: Company Name: Signature: Printed Name: Title: Date: 06/28/2022 Ken Cowher VP of Operations Heath Consultants Incorporated REFERENCES Surveys and Corrosion Prevention 29 ITB #15-22 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 Project Name: Contract Value: Date Began: Date Completed: Address City / State / Zip Contact Person: Email: Phone: Fax: Notes: Reference # 2 Project Name: Contract Value: Date Began: Date Completed: Address City / State / Zip Contact Person: Email: Phone: Fax: Notes: Reference # 3 Project Name: Contract Value: Date Began: Date Completed: Address City / State / Zip Contact Person: Email: Phone: Fax: Notes: Vendor Name Date: Atmos Energy 2007 Current 5430 Lyndon B Johnson Dallas, TX 75240 Brian Jackson Brian.jackson@atmosenergy.com (469) 261-2318 Southwest Gas Corporation PO Box 98510 Las Vegas, NV 89139 2011 Current jerry.schmitz@swgas.comJerome T. Schmitz (702) 876-7112 UGI Utilities 2525 North 12th Street, Suite 360 Reading, PA 19612 Robert Beard rbeard@ugi.com (610) 796-3434 Current 06/28/2022Heath Consultants Incorporated hereby grantstoHeath Consultants Incorporatedwho has successfully met WBENC's standards as a Women's Business Enterprise (WBE). This certication arms the business is woman-owned, operated and controlled and is valid through the date herein.Certication Granted: August 31, 2016Expiration Date: August 31, 2022WBENC National Certication Number: 2005129570WBENC National WBE Certication was processed and validated by Women's BusinessEnterprise Alliance, a WBENC Regional Partner Organization.Authorized by April Day, President Women'sBusiness Enterprise AllianceNational Women's Business Enterprise CertificationNAICS: 541990, 238990, 334519, 561990 UNSPSC: 41115509, 46171613, 72154019, 77121505, 83101604 REV 053116 TRAINING PROGRAM & OPERATOR QUALIFICATION PLAN 1 OPERATOR QUALIFICATION PROGRAM Heath Consultants Inc. Training Department Effective Date: 04/27/2001 Revised: 07/18/2016 rm Purpose: Contents: 1. Definitions – 192.803 2. Qualification Program – 192.805 (a - g) 3. Record-keeping – 192.807 1.Definitions 1.1.Abnormal operating conditions – defined in 49 CFR 192.803 as a condition that indicates a malfunction of a component or deviation from normal operations that may indicate a condition exceeding design limits or result in a hazard(s) to persons, property, or the environment. Application in Company operation: Personnel must be able to identify AOC’s while performing a specified covered task. See attached Document “A” 1.2.Evaluation – defined in 49 CFR 192.803 as a process established by the company to determine an individual’s ability to performed a covered task by any of the following methods: (Note: Work Performance History for Review and Observation on the job per 192.809 (d) and (e) – dated Oct. 28, 2002 and Dec. 16, 2004, respectively, are not permitted to be the sole evaluation method). 1.3.Heath Consultant Inc. conducts both written and oral testing, observation, review of history and, if applicable, other forms of assessments listed below. See Appendix 2 – Evaluation for details on Written and Oral examinations. 1.3.1. Written examination (passing grade 80%) 1.3.2. Oral examination (pass / fail) 1.3.3. Observation During: a. Performance on the job b. on the job training, or c. Simulations 1.3.4. Other forms of assessment: a. Third party qualification through MEA, Veriforce, Energy worldnet, ITS, OQSG, Operator Testing, Computer Based Testing, etc. at request of client. 1.3.5. Evaluator criteria, Training & Performance: a. Evaluator can only conduct evaluations based on his/her experience – specific related groups or categories of tasks. b. Technical references have been provided to attest to his/her abilities to perform specific task. c. Evaluator has been through a “train the evaluator” course such as SGA , MEA, Veriforce, etc. The purpose of this plan outlines the process Heath Consultants Incorporated (hereto fore referred to as the “company”) utilizes to comply with 49 CFR 192 “Operator Qualification” (OQ Rule) while performing covered tasks as it’s own entity or in conjunction via contract with a owner of natural gas transmission/distribution facilities (hereto fore referred to as the “operator”). The effective date of this written plan is April 27, 2001. Contact: Roy Montemarano – Training & Dev. Mgr., 9030 Monroe Rd. Houston, TX. 77061. 713-844-1389 2 1.4.Significant: as applicable to OQ program modification requiring notification; and clarification to assist company to ensure OQ reviews are being done 1.5.Integrity – the pipelines ability to operate safely and to withstand stresses imposed during operations. As an Operator representative it is the Companies job to assist in the integrity. 1.6.Qualified – defined in 49 CFR 192.803 as an individual; who has been evaluated, can perform assigned covered tasks and can recognize and react to abnormal operating conditions encountered on the job. Individuals are qualified by a company evaluator, operator, and/or third party qualifications. 1.7.Transitional – qualification completed by October 28, 2002 & Dec. 16, 2004 of individuals who have been performing a covered task on a regular basis prior to August 27, 1999 (and have continued to do so). 1.8.Pipeline facility – defined in 49 CFR 192.3 as new and existing pipeline, rights-of-way, and any equipment, facility, or building used in the transportation of gas or in the treatment of gas during the course of transportation. 1.9.Covered task (see list - Appendix 1) – defined in 49 CFR 192.801 as an activity identified by the company and/or operator as meeting all of the following: (Four – part rule). 1.9.1. The activity is performed on the pipeline facility. 1.9.2. Is an operations, maintenance, or new construction activity 1.9.3. Is performed as a requirement of 49 CFR 192. 1.9.4. Affects the operation or integrity of the pipeline. Example: Leak Surveys: a. Performed on a pipeline facility? Yes b. Is an operation and maintenance task? Yes c. Is performed as a requirement? Yes – required by 49 CFR 192.706 & 723 d. Affects the operation or integrity of the pipeline? Yes Since all four criteria are met, leak survey is a covered task. If the activity does not meet all four criteria, it is not considered a covered task. Example: Meter Reading: a. Performed on a pipeline facility? Yes b. Is an operation and maintenance task? Yes c. Is performed as a requirement? No – not a requirement of CFR 192 d. Affects the operation or integrity of the pipeline? No Since meter reading fails at least one of the four criteria, it is not considered a covered task. 2.Qualification Program - Identification of covered tasks – 49 CFR 192.805(a) 2.1.This program includes a list of performed covered task(s) identified by the company using criteria set forth in the OQ Rule and as specified in 1.9. Regulatory Agencies and Operators, the company provides service for, can request amendments to the covered task list. An OQ Coordinator may be assigned to maintain and/or amend identified covered tasks and/or the program. The covered task list can be found in Appendix 1. Evaluation methods listed under 1.2 3 3.Evaluations – 49 CFR 192.805(b) 3.1. Company personnel currently performing “covered tasks” on the Implementation Date of the OQ Rule (August 27, 1999) qualify under “Transitional” clause or “Work History” Note: “Work History” will not be used as the sole evaluation method after October 28, 2002 & Dec. 16, 2004, respectively. 3.2. Any person not previously qualified shall qualify according to guidelines set forth in the company’s training and development programs. The program(s) involving “covered tasks” includes evaluation methods as described in the OQ Rule and as shown in 1.2 above. 3.3. Evaluation methods and evaluators include management designated internal personnel and approved materials, approved outside resources, and Operators we provide service for; along with Regulatory Agencies’ recommendations. 4.Non-Qualified Individuals – 49 CFR 192.805(c) 4.1. Non-Qualified individuals can perform covered tasks only under direct supervision of a qualified person(s) of the company or operator. The qualified person assumes responsibility, ensuring safe performance of covered task: including being in position to take immediate corrective action if necessary. Qualified individuals will not exceed a span of control for more than three non- qualified individuals (1:3) or will not exceed operators established ratios. 5.Evaluations Following Incidents – 49 CFR 192.805(d) 5.1. If determined by the company, Operator or Regulatory Agency, qualified person(s) contributed to an incident involving a covered task, the company ensures involved person(s) will no longer perform covered tasks without direct supervision until evaluated and deemed qualified by company and or Operator. During the investigation the individual/s involved shall not perform task (s) that may have contributed to the incident. Examples: An event such as the miss locate of a pipeline, natural gas, LNG, liquid or other product pipelines, and / or other facilities such as electric and telephone, that has caused damage, injury, and loss to the operator (s). 5.2. If company or Operator reasonably deems person(s) is no longer qualified to perform covered task, identified person(s) may no longer perform covered task without direct supervision until evaluated and qualified by company and or Operator. 6.Evaluations Related to Performance – 49 CFR 192.805(e) 6.1. The company or Operator requires an individual to be evaluated if there is reason to believe that the individual is no longer qualified to perform a covered task. This could occur if the individual displays unsatisfactory performance of the task or there is any reason to believe the individual can no longer perform the covered task in a qualified manner. 6.2. If the company or Operator has reason to believe that an individual is no longer qualified to perform a task due to unsatisfactory performance or any other reason, the individual’s status will be revised to non-qualified, and will be restricted from independently performing the covered task until evaluated and qualified in accordance to 1.2 above. 4 6.3. The company will be responsible for determining if an individual is no longer qualified to perform a covered task due to unsatisfactory performance or other reasons and will ensure that the individual is evaluated and qualified before resuming performance of the covered task. Evaluation methods and evaluators include management designated internal personnel and approved materials, approved outside resources, and Operators we provide service for: along with Regulatory Agencies’ recommendations. 7.Communication of Changes – 49 CFR 192.805(f) 7.1. The company realizes the constant changes in the industry impacting the performance of covered tasks. These changes shall be communicated to the qualified personnel in the most efficient and effective manner available to the company. Channels of communication include, but are not limited to: redesign of internal program(s) and material including evaluation if necessary, written bulletin, tailgate meetings, electronic generated notices, emails, amendments’ to the OQ Plan, and/or recommendations from Regulatory Agencies or Operators. 8.Evaluation Intervals – 49 CFR 192.805(g) 8.1. All personnel performing covered tasks and participating in the company’s quality program shall subsequently re-qualify no later than the end of the third calendar year since their last recorded qualification. Operator specified covered task may require a re-qualification of one calendar year. The evaluation shall include the evaluation methods described in 1.2 above. Any person(s) who has not performed a specific covered task during a rolling twelve month period, must qualify before performing specific task; evaluation to include methods indicated in 1.2 above. 9.Record Keeping – 49 CFR 192.807 The company shall maintain records that demonstrate compliance with49 CFR subpart N. a. Qualification records shall include: 1. Identification of qualified individual (s); 2. Identification of covered tasks the individual is qualified to perform; 3. Date (s) of current qualification; and 4. Qualification method (s). b. Records supporting an individual’s current qualification shall be maintained while the individual is performing the covered task. Records of prior qualification and records of individuals no longer performing covered task shall be retained for a period of five years. c. This information is available to Regulatory Agencies and Operators having a vested interest. d. The current method of maintaining records are electronic data and hard copy: at corporate headquarters, regional locations or as provided by outsourced vendors. Programs and locations may change as technology improves. e. Not applicable for sub-contractors – Heath does not use sub-contractors in our line of business. 10.Implementation – 49 CFR 192 10.1.The company complies with the dates and requirements stated in the OQ Rule. (Work History cutoff date, August 27, 1999: Effective date of the rule, October 26, 1999; Publication date of written plan, April 27, 2001; Date after which all persons performing covered tasks are qualified under this plan, October 28, 2002 & Dec. 16, 2004). 5 Appendix 1 Covered Task List 1. Leak Survey / Investigation 1.1. Perform leakage surveys: Transmission lines – 49 CFR 192.706 1.2. Perform leakage surveys: Distribution lines – 49 CFR 192.723 Example of Training outline enclosed 2. Patrolling 2.1. Patrolling transmission lines – 49 CFR 192.705 2.2. Patrolling distribution lines – 49 CFR 192.721 3. Line Locating 3.1. Locate and temporarily mark buried pipelines in an excavation area – 49 CFR 192.614(c)(5) 3.2. Standby for prevention of damage to pipelines – 49 CFR 192.614(c)(6) Example of training outline enclosed 4. Corrosion Control 4.1. Monitor/test for cathodic protection – 49 CFR 192.465(a) 4.2. Monitor/test for atmospheric corrosion – 49 CFR 192.481 5. Valve Maintenance 5.1. Operate valve to discontinue service to a customer – 49 CFR 192.727(d) 5.2. Inspect/maintain distribution valves – 49 CFR 192.747 6.Customer Service – Change out Meters 6.1 Atmospheric corrosion monitoring: Internal/External-above ground structures – 49 CFR 192 Subpart I – Requirements for Corrosion Control. 6.2 Emergency response and restoration – 49 CFR 192.615 6.3 Customer pressure regulating, limiting and relief devices O&M: Residential, small commercial, large commercial and industrial – 49 CFR 192.619, 49 CFR 192.621, 49 CFR 192.623 Not a Covered Task – Referring to Meter Reading only 7. Meter Reading - Items below are covered while performing this job function – if requested. 7.1 Atmospheric corrosion monitoring: Internal/External-above ground structures – 49 CFR 192 Subpart I – Requirements for Corrosion Control. 7.2 Emergency response and restoration – 49 CFR 192.615 7.3 Prevention of accidental ignition – 49 CFR 192.751 7.4 Meter Set – Repair, Rebuild or Replace – 49 CFR 192.739, 49 CFR 192.741, 49 CFR 192.743, 49 CFR 192.747 6 Q & A: Training and Qualification – Operator Qualification (OQ) 1. Does OQ plan include covered task? Yes. Each Heath employee prior to going into the field to perform the required covered task is OQ based on client requirements. 2. Are task reviewed / reevaluated? Yes – every 6 months. 3. Contractor adheres to OQ plan? Heath does not use sub - contractors. 4. Are evaluation methods established and documented? Yes. Heath has an in-house OQ plus documented data based on both Heath and Client requirements. Can be Heath in- house OQ’s, third party OQ’s, such as, MEA, Veriforce, ITS, EWN, etc. 5. Abnormal Operating Conditions: Documentation of AOC’s / recognizing / reaction. Testing done through Heath & third party evaluator for clients. See attachment “A” on items covered per task required. 6. OQ records for each individual are available and can they be verified? Yes to both questions. Heath has an in-house data base plus, per client requirements, have records available through ISN and Veriforce for review by clients. 7. Covered task performed by Non-qualified personnel: If done - only under the supervision of qualified personal. Span of control criteria would be used based on covered task and client requirements. However, Heath personnel are all Operator Qualified prior to conducting any covered task. 8. Personal Performance monitoring: Audits are conducted by in-house and client personnel to evaluate individuals performance. If problem detected, based on severity, re- training and re-evaluation maybe required. 9. Changes to program: Changes are relayed though weekly tailgate meetings, and if a task requires more testing for personnel it will be scheduled for re-training. 10. Merger / Acquisitions: Heath has acquired in the past 3 years a company that specializes in corrosion control. 1  ABNORMALOPERATINGCONDITIONS(AOC) For COVEREDTASK Document“A”   1.Leaksurvey/Investigation: a.GasLeakage(Hazardous) b.ProbeDamagePipe/Coating c.MultipleLeaks d.LPorothergaspresent e.GasinUtilityducts/Sewersystem/waterboxes f.Atmospherecorrosion g.DamagetoMSA/subsidence/buriedmeters–touchingground/buriedshutoffs h.Regulatorventlocatednearbuildingopening i.Regulatorventscreenmissing j.Outsideventmissingforinsidemeterset k.Sourcesofignitions–static,gasolinecans,electricalutilitywithin3ftofgasfacility l.Fire,explosion,blowinggas m.NobarricadeprotectionforMSA n.Floods,washouts,subsidence,exposedpipe,unsupportedpipe, o.Dryervent/housevent/windowtoclosetoMSA p.Metersittingonsurface  2.Patrolling a.Damagetopipe b.Evidenceofleakage–dustblowinginair,odor,deadvegetation c.Lossofsegmentsupport d.Damagetopipesupport e.Landsubsidence,erosion,flooding,rootdamage,lossofcover f.Deteriorationofexposedpipe,supports g.Damagetocasingvents h.Encroachment/buildingoverpipeline i.Missing/damagelinemarkers   3.LineLocating a.Unabletolocatepipe b.AtmosphereCorrosion c.DamagetoMSA/subsidence/buriedmeters–touchingground/buriedshutoffs d.Damagedtopipe/coating e.Missing/Illegible/Damagedlinemarkers f.Missing/Damagedtracerwire g.Evidenceofleakage       2     AOC’sͲCONTINUED   4.CorrosionControl a.AtmosphereCorrosion b.Pitting,cracked,peeling,disbanded,moistureundercoating, c.Pipewalldamage,evidenceofcoatingdeterioration d.Contactwithforeignstructures e.Basicoxidation f.PipetoSoilreadsinadequate g.Damagetoconnection/pipe h.Instrumentfailure i.Evidenceofleakage  5.ValveMaintenance a.Valvenotturning b.Damagetovalve c.Unabletolocate d.Evidenceofleakage  6.CustomerService–meterchangeout a.RedTagͲapplianceoutofcompliance b.Ventssizeincorrect/notconnected/improperclearance c.AtmosphereCorrosion d.Failureofpressuretestofcustomerfuelline e.BadRegulatorVent f.Pipedamage g.MSAdamage h.Evidenceofleakage  7.MeterReading a.Evidenceofleakage b.DamagetoMSA/buriedmeters&shutoffs/meterstouchingground c.AtmosphereCorrosion d.NobarricadeprotectionforMSA e.Locationofregulatortodryervent/housevent/window f.Locationofmetertoignitionsource  Reaction:  Basedonclientrequirements:  1.Calltocompaniesdispatchifimmediatereactionrequired. 2.DocumentifAOCnotapresentdanger.   APPENDIX2  EVALUATION  EvaluationbreakdownforItem1.3ofOperatorQualificationPlan 1.WrittenExams:PassingGrade80% A.Testingisdonebypaperand/orwebbasedprogramcalledQuizzEgg. 1.Examswillbebasedoncoveredtask/clientrequirements: ͲGlossaryofterms ͲNaturalGas/PropaneProcess ͲCharacteristicsofNaturalGas/Propane ͲOdorization ͲAbnormalOperatingConditions ͲAtmosphericCorrosion ͲPipetosoiltesting ͲLineMarkers ͲPatrolling ͲLeakSurveystandardsandprocedures–naturalgas/propane ͲMeterReading ͲLocatingBasics ͲMarkingstandards(locating)         APPENDIX2(cont’d)   2.OralExam:GradeisPass/Fail A.FieldEvaluation–Performanceonthejobbasedoncoveredtask: 1.Equipmentcheck/operation 2.Verifyscopeofwork 3.Visualinspectionofarea 4.AbnormalOperatingConditions–basedoncoveredtask 5.RecognizeandReacttoAOC’s 6.EmergencyResponse 7.Performjobfunction–leaksurvey,locating,meterreading,etc. 8.Grading–leakclassification 9.Knowledge,Skills&Abilities–basedoncoveredtask  Note:SeeenclosedexamplesofEvaluatorsGuideStoOralExam–Locating&LeakSurvey.     Corporate Headquarters: 9030 Monroe Rd. – Houston, TX – (713) 844-1300 07/18/2016 Heath Consultants Incorporated Operator Qualification Program – Line Locating -- Evaluator’s guide The purpose of this qualification is to have the individual perform these steps without coaching, this is not a training session. Starting Comment: You are here today to be evaluated on your performance of the covered task :Pipe Locating and Marking. You will be tested on your ability to successfully complete the task and your ability to recognize and react to abnormal operating conditions (AOC’s) that may be associated with this task. My part consists of evaluating your abilities. You are free to ask me questions concerning the evaluation before it begins. Once the evaluation starts I will ask for each step needed to complete this task. I may ask questions to obtain information and have you provide specific directions on completing each step. I can also clarify questions. A score of Pass (all questions must be answered) is required to successfully complete this evaluation. If there are no questions, then the evaluation may begin at this time. Step 1: Perform Equipment Operation Check. a.Have individual perform daily operational checks for their locate equipment. They should: Check condition of leads. Determine continuity prior to performing locate. Confirm battery strength b.ASK: How is the strength of the battery determined? Answer: Display on the transmitter and receiver will show the battery level or strength. c.ASK: What would you do to correct equipment out of specification? Answer: Change batteries or charge unit as needed, repair or replace leads.  Corporate Headquarters: 9030 Monroe Rd. – Houston, TX – (713) 844-1300 07/18/2016 Step 2: Verify Scope Of Locate Request. The individual needs to provide detailed procedure on how he/she verified the scope of the locate request by answering the following questions. a.ASK: How do you determine the type of pipe being located? ANSWER: Using maps, ticket information or observation as needed. b.ASK: How do you confirm the location of the job site? ANSWER: Verify information and location on locate ticket or with contractor if needed. c.ASK: How do you verify the extent of locate? ANSWER: Review locate information on ticket or verify with contractor if needed. Have individual explain extent of locate ( Entire property, both sides of streets, entire block, etc ). Step 3: Visually Inspect Locate Area. The individual will be able to identify facilities that may affect the locate and compare records to existing conditions to identify and report any discrepancies. a.ASK: What facilities may affect this locate? ANSWER: Grounding over other facilities, bleed-off onto other facilities that cross the area such as water, cable, electric, telecom, etc. b.ASK: What actions do you take when existing records do not match field observations? ANSWER: Communicate the discrepancies with supervisor and/or local service center/client.  Corporate Headquarters: 9030 Monroe Rd. – Houston, TX – (713) 844-1300 07/18/2016 Step 4: Locate And Mark The Facilities. Observe performance. Individual will be able to: a. Select appropriate method for this contract. Conductive, or Inductive Clamp. Wire is difficult to locate inductively. Measurement should be last resort and may be reported as “un-locatable”. ASK:What are the two methods of locating a line accepted for this contract? ANSWER: Conductive. Inductive clamp. b. Does individual follow manufacturer instructions? Do they follow correct grounding procedures and can they select alternative methods? c.Observe performance if signal is lost or insufficient. If they have no problem with signal: ASK: What actions are necessary if locate signal is insufficient or lost? ANSWER: Check the connection on the conductor or ground, change power setting on transmitter, reposition transmitter, check for turns or bends in the pipe. Observe performance: d. Is area accurately and completely located? e. Are marks (paint, flags or stakes) clear/easily visible? Are offsets or direction changes clearly marked? f. Again, does locate agree with records (map)? If not, is the discrepancy reported? Step 5: Abnormal Operating Conditions. AOC’s: Does individual understand AOC’s? Individual should identify at least 2 out of the 5 potential AOC’s that may be encountered. Heath has listed AOC’s as: a. Excavation activity prior to locating. b. Damaged pipe. c. Missing or broken tracer wire. d. Unable to locate pipe. e. Leakage. What are the AOC’s listed by the local operator and are individuals trained to recognize and react?  Corporate Headquarters: 9030 Monroe Rd. – Houston, TX – (713) 844-1300 07/18/2016 Step 6: Emergency Response: Individual will be able to notify client representative or supervisor if required. a. Does individual have the appropriate contacts or procedures to react to emergency situations in accordance to client requirements? Step 7: Recognize And React To Abnormal Operating Conditions: Individual will be able to: a. Recognize abnormal operating conditions that may be encountered while performing the task. Is individual observing the locate area for AOC’s specified by the client? b. React to abnormal operating conditions. Ask the individual to provide the remedial/corrective action for the remaining AOC’s that the individual has not identified in step 5. ANSWER: Individual will be able to notify client representative or supervisor if required.  Corporate Headquarters: 9030 Monroe Road, Houston, Texas 77061-5229 07/18/2016 Phone: (713) 844-1300 Fax: (713)844-1309  Heath Consultants Incorporated Operator Qualification Program – Leak Survey -- Evaluator’s guide The purpose of this qualification is to have the individual perform these steps without coaching, this is not a training session. Starting Comment: You are here today to be evaluated on your performance of the covered task : Leak Survey. You will be tested on your ability to successfully complete the task and your ability to recognize and react to abnormal operating conditions (AOC’s) that may be associated with this task. My part consists of evaluating your abilities. You are free to ask me questions concerning the evaluation before it begins. Once the evaluation starts I will ask for each step needed to complete this task. I may ask questions to obtain information and have you provide specific directions on completing each step. I can also clarify questions. A score of Pass (all questions must be answered) is required to successfully complete this evaluation. If there are no questions, then the evaluation may begin at this time. Step 1: Verify Scope Of Survey Area. The individual needs to provide detailed procedure on how he/she verified the scope of the survey area by answering the following questions. a.ASK: How do you determine the area to be inspected? ANSWER: Utilize maps, records, or lists provided by the operator. b.ASK: How do you identify facility types to be inspected? ANSWER: By visual inspection of exposed facilities, by indications listed on map or list provided by the operator. c.ASK: How do you record the completed survey area? ANSWER: Color code daily coverage on map or lists or follow local procedures established by the operator.  Corporate Headquarters: 9030 Monroe Road, Houston, Texas 77061-5229 07/18/2016 Phone: (713) 844-1300 Fax: (713)844-1309 Step 2: Perform Equipment Operation Check:CGI a.Have individual perform daily operational checks for their combustible gas indicator. b.ASK: What are the daily operation checks? Answer: Verify battery strength, check for tight sample system and inspect/replace filter(s). c.ASK: What would you do to correct equipment out of specification? Answer: Replace batteries, hoses or fittings and filters. d. Have individual perform calibration procedure. Operator Qualification Program – Leak Survey -- Evaluator’s guide Step 3: Perform Equipment Operation Check: FI , DP-IR, RMLD, OMD a.Have individual perform daily operational checks for instrument being utilized. b.ASK: What are the daily operation checks? ANSWER: Verify battery strength (with instrument running), inspect/replace filters – if applicable, verify adequate fuel supply – if applicable, allow instrument to warmup, test with a known gas, adjust instrument to the alarm setting designated for each listed instrument. -10 ppm for FI -3 to 5 ppm for DP-IR -7 for RMLD -0 for OMD c. Have individual perform calibration procedure for designated instrument being utilized based on manufacturer specifications. Step 4: Leakage Survey Procedures: Observe performance. 1a. ASK: What alarm level must the DP-IR be set at for survey? ANSWER: 3 to 5 ppm 1b. ASK: What alarm level must the RMLD be set at for survey? ANSWER: 7 1c. ASK: What alarm level must the OMD be set at for survey? ANSWER: “O” is the optimum level 1d.ASK: What scale must be used to conduct an FI survey? ANSWER: The most sensitive scale, 10 PPM. a.ASK: How do you confirm and classify all underground leak indications? ANSWER: With a CGI and / or DP-IR b.ASK: How do you confirm/classify exposed piping leaks? ANSWER: With leak detection solution (bubble test).  Corporate Headquarters: 9030 Monroe Road, Houston, Texas 77061-5229 07/18/2016 Phone: (713) 844-1300 Fax: (713)844-1309 Step 5: Leak Classification: If no leakage is detected during the hands-on evaluation, simulate GPTC, grade 1,2 and 3, or use local operator’s criteria for classification. a.ASK: While surveying, you detect a 10% Gas leak that has no migration and there are no buildings in the vicinity. What would classify this leak? ANSWER: Grade 3, (non-hazardous) b.ASK: While surveying in a residential area, you detect a leak that is migrating into a building. What would you classify this leak? ANSWER: Grade 1, (immediate hazard) c.ASK: While surveying in a residential neighborhood, you detect a leak under a sidewalk that you believe will possibly migrate toward the nearest building and you are unable to bar hole towards the building wall. What would you classify this leak? ANSWER: Grade 2, (potential to become hazardous ) Note: Based on client grading system answers may vary. Step 6: Recognize and React to Abnormal Operating Conditions (AOC). What are the AOC’s listed by the local operator and are individuals trained to recognize and react? a. ASK:What are the AOCs associated with the performance of this covered task? ANSWER: Blowing gas, Grade 1 leak situation, Fire or excavation near a pipeline without locates. OR AOCs that have been identified by the operator. b. ASK: Once you recognize an AOC, how do you react? ANSWER: Notify the operator, Continue investigation to adjacent structures, implement company emergency plan (specific to the operator), evacuate structures (specific to the operator).  Corporate Headquarters: 9030 Monroe Road, Houston, Texas 77061-5229 07/18/2016 Phone: (713) 844-1300 Fax: (713)844-1309 Step 7: Knowledge, Skills and Abilities. a. ASK:List 4 physical characteristics of natural gas. ANSWER: Lighter than air, non-toxic, odorless, colorless, tasteless, flammable, dry. b. ASK:List several sources of ignition, both indoor and outdoor. ANSWER: Heat, in the form of: open flames, static electricity, electrical switches, doorbells, telephone (cell phones), pagers, pumps, motors, vehicles, back-up generators, garage door openers, etc. c. ASK:What is the most important element of centering an underground leak? ANSWER: Determine the spread or migration of the leak because, the perimeter must be identified in order to determine if a hazard exists. d. ASK:What are the requirements for personal protective equipment? ANSWER: Follow and comply with any safety requirements of the operator.  PIPEANDCABLELOCATOROUTLINE THREEWEEKTRAININGCLASS    HistoryofHeathConsultantsInc.–80plusyearsintheutilityindustry  SafetyClassisgivenpriortostartoftrainingplusSmithDrivingInstructions  Outlineofitemscovered:  1. Pre–KnowledgeTest:20testquestiononlocating 2. CommonGroundAlliance–ReviewofChapter4onBestPractices 3.Reviewofmarkingprocedures–clientrequirements/APWA 4. Whatlocatorsyouwillbeusing. 5. Purposeoflocating 6. FederalRegulations–192.614/195.442 7. Othermethodstolocatepipeline 8. Theoryoflocating  ͲUseoftheReceiver/Transmitter 9. Frequencies–whichfrequenciesyouwillbeusing 10. Depthfunction–whyisituseandneeded 11. SignalPowerIndicator/GainControl–whyneedandused 12. Methodsofoperation–conductive,inductive,andinductiveclamp.Prosand Consofeachmode. 13. Simulation–differentscenariosthatanindividualmaycomeacross.Willvary basedonareasofoperation 14.Knowledgeoffacilities,visualobservation 15. PowerpointPresentations:Testtobegivenaftereachpresentation(80% passinggraderequired) ͲLocatingBasics ͲMarkingStandardsbasedonclientrequirements ͲAbnormalOperatingConditions(AOC) ͲAtmosphereCorrosion(AC) ͲNaturalGasBasics ͲElectricBasics Heath Consultants Incorporated Corporate Headquarters: 9030 Monroe Road, Houston, Texas 77061-5229 Phone: (713) 844-1300 Fax: (713) 844-1309  16.DigTrackͲtickettrackingsoftware ͲOneCallsystem ͲChapter18–ifapplicable ͲDealingwithExcavators 17.Mapreading 18.Fieldtraining 19.OperatorQualification: a.EvaluationMethods 1.Written 2.Oral 3.Observationonthejob 4.Simulation  HEATH CONSULTANTS INCORPORATED LEAKAGE DETECTION PROGRAM Minimum 4 week of training Sign in sheet each day – plus what is covered 1. History – 80 years plus (overview of HCI – video “About Heath”) a. Leak Detection 1. Natural Gas 2. Propane 3. Emission Testing (subpart W) 4. Odor Complaints b. Pipe and Cable Locating c. Sniff Testing – Odorant d. Meter Reading e. Customer Service – meter change out/re-lights f. Atmospheric Corrosion (AC) g. Pipe to Soil Testing h. Abnormal Operating Conditions (AOC) for Cover Task listed plus client requirements 2. Employee Introduction: a. Policies (client) b. Company Manual (client / Heath) 3. Introduction to Safety: (done by Safety / Trainer) a. Manual b. Safe Driving – Smith Driving Course c. Safety Program d. Risk Assessment / Safety Audits – explain monthly / quarterly checks 4. Introduction to Leakage Detection a. Reason for Leak Detection -Federal Regulations -State Regulations 5. Properties and Characteristics of Natural Gas a. Paraffin series b. Flammable range c. Flame propagation d. Gas dispersion patterns (soil, sand, clay, air) e. Natural gas- various field 6. Changes to Soil, Vegetation and People a. Physical changes on soil caused by natural gas - Discoloration e.g. iron/sulfur - Oxygen content altered - Odor b. Physical Changes on Vegetation - Support - Water- leak reduces available moisture - Food- leak reduces oxygen which results in reduction of food absorption by plants - Leak changes pH. (acid/alkaline) balance of the soil- (plants very sensitive to pH. change) c. Physical Changes to People - Physiological effects with various amounts of oxygen- visible effects 7. Causes of Leak a. Corrosion -Review AC / Pipe To Soil b. Third Party Damage -Review Damage Prevention / Pipe & Cable Locating c. Mechanical Failure d. Improper Design – show pictures of meters not installed properly 8. Gas Odorization a. Why it is needed -Federal Regulation b. Factors which can modify effectiveness of gas 1. Absorption by the pipe 2. Fading 3. Soil absorption 4. Odorant masking 9. Instrumentation for Leakage -Walking and Mobile a. Search Tools 1. Flame Ionization (FI) 2. Detecto-Pak Infrared Detector (DP-IR) 3. Remote Methane Leak Detector (RMLD) 4. Optical Methane Detector (OMD – Mobile) b. Sub-surface Tools 1. Combustible Gas Indicator (CGI) c. General: - How they work - What they detect - Proper operation - Interpretation of results- LEL to % gas - Parts Per million (PPM) - Use of filters to separate gas - Calibration d. Types of Leak Surveys – Natural Gas / Propane -Vegetation -GPTC Standards -Heath Standards -Patrolling e. Optimum Survey Triangle -Instrument -Operator -Venting 10.Venting 11. Evaluation and Classification of Leak Indications a. Centering of Indications – Where is the Gas? 1. Establish the data necessary for classification 2. Methods and procedures for centering (establish complete spread in soil) 3. Examples of the necessity of properly centering - Failure to determine extent of spread by checking area manholes - Failure to thoroughly investigate the spread of gas in ground, sewers and other systems. b. Pinpointing of Leak – Where is the leak? 12. Leak Classification a. GPTC Guideline b. Four Dimensions of Leak Classification c. Client classification – if required 13. a. Use of Ethane Identifier 14. Field Exercises / Training -Map reading -Instrument procedures for leak survey -Customer Service: dealing with Client and Public -Atmospheric Corrosion / Pipe to Soil (if required) -Client requirements 15. Operators Qualification -Heath OQ a. Leak Survey b. Instrumentation -Evaluation Methods: a. Written b. Oral c. Observation on the job d. Simulations 16. Option - Third Party Qualification if required: a. Midwest Energy Association (MEA) b. Veriforce c. Energy worldnet (EWN) d. ISNetworld (ISN) – record keeper for MEA / EWN e. Client’s OQ Program f. Industrial Training Service (ITS) 17. Client’s O & M Client’s Leak Classification if different than standard GPTC 18. Computer / Hardware training for leak reporting / Maps, etc. 19. Audits Appendix - Will consist of the following Items: a. Standard Operating Procedures for each instrument we utilize b. Corrosion – AC / Pipe to Soil c. GPTC Guidelines plus Leak Classification d. Glossary of Terms e. Sample collection f. Spot for Clients Requirements 1) Heath Consultants Incorporated 9030 Monroe Road Houston, TX 77061 (469) 261-2318 *WBE* ADVERTISED: TAMPA BAY TIMES 6/1/2022 POSTED:myclearwater.com 5/31/22 - 6/30/22 FOR THE CITY OF CLEARWATER Due/Opening: June 30, 2022; 10:00 a.m. INVITATION TO BID No. 15-22 Surveys and Corrosion Prevention Coating Services Solicitation Response Listing 1 [GM18-2064-086/229508/1] [GM18-2064-086/292263/1] SERVICES AGREEMENT (INDEPENDENT CONTRACTOR) This Services Agreement ("Agreement"), effective August __5__, 2022 (“Effective Date”) is hereby entered into by the City of Clearwater d/b/a Clearwater Gas System, ("Client") and Heath Consultants Incorporated ("Contractor "). 1) SCOPE OF WORK/ORDER OF PRECEDENCE: The work to be performed by Contractor will be as set forth in the “Contract Documents” (defined below). The Contract Documents are complementary, what is required by one is as binding as if required by all; however, in case of any inconsistency, conflict, or ambiguity among the Contract Documents, the documents shall govern in Order of Precedence as follows: (a) any Modification to this Agreement, (b) this Agreement, (c) Purchase Order(s), (d) Contractor’s Bid Response/Bid Tab, (e) the Invitation to Bid, (f) Standard Terms and Conditions, (g) any other documents specifically enumerated in the Agreement as part of the Contract Documents, all of which are incorporated herein by reference. Among categories of documents having the same order of precedence, the term or provision that includes the latest date shall control. Information identified in one Contract Document and not identified in another shall not be considered a conflict or inconsistency. Any exception(s) submitted by Contractor in its Bid Response which are rejected/not incorporated into the Agreement with consent of Client shall have no binding effect. 2) PRICE /PAYMENT: Client will pay Contractor for work performed as set forth in Exhibit “B”, Price Schedule. Terms: Net 30. 3) RELATIONSHIP OF PARTIES: The parties intend that an independent contractor relationship will be created by this Agreement. Performance and control of the work will lie solely with Contractor. The Contractor is not to be considered an agent or employee of Client for any purpose. 4) CONTRACTOR'S EMPLOYEES QUALIFIED TO PERFORM THE WORK REQUIRED UNDER THIS AGREEMENT UNDER SUBPART N OF SECTION 192 OF THE FEDERAL PIPELINE SAFETY REGULATIONS /WARRANTIES Contractor warrants and represents that it has an Operator Qualification Program as required by Subpart N of Section 192 of the Federal Pipeline Safety Regulations and that the employees who will perform the Work required under this Agreement have been evaluated and are qualified to perform the tasks required under this Agreement. 2 [GM18-2064-086/229508/1] [GM18-2064-086/292263/1] 5) INSURANCE TO BE SECURED: Contractor agrees to maintain such insurance acceptable to Client as set forth in the bid documents and below: 1. INSURANCE REQUIREMENTS. The Vendor shall, at its own cost and expense, acquire and maintain (and cause any subcontractors, representatives or agents to acquire and maintain) during the term with the City, sufficient insurance to adequately protect the respective interest of the parties. Coverage shall be obtained with a carrier having an AM Best Rating of A-VII or better. In addition, the City has the right to review the Contractor’s deductible or self-insured retention and to require that it be reduced or eliminated. Specifically, the Vendor must carry the following minimum types and amounts of insurance on an occurrence basis or in the case of coverage that cannot be obtained on an occurrence basis, then coverage can be obtained on a claims-made basis with a minimum three (3) year tail following the termination or expiration of this Agreement: a. Commercial General Liability Insurance coverage, including but not limited to, premises operations, products/completed operations, products liability, contractual liability, advertising injury, personal injury, death, and property damage in the minimum amount of $1,000,000 (one million dollars) per occurrence and $2,000,000 (two million dollars) general aggregate. b. Commercial Automobile Liability Insurance coverage for any owned, non-owned, hired or borrowed automobile is required in the minimum amount of $1,000,000 (one million dollars) combined single limit. c. Unless waived by the State of Florida and proof of waiver is provided to the City, statutory Workers’ Compensation Insurance coverage in accordance with the laws of the State of Florida, and Employer’s Liability Insurance in the minimum amount of $500,000 (five hundred thousand dollars) each employee each accident, $500,000 (five hundred thousand dollars) each employee by disease, and $500,000 (five hundred thousand dollars) disease policy limit. Coverage should include Voluntary Compensation, Jones Act, and U.S. Longshoremen’s and Harbor Worker’s Act coverage where applicable. Coverage must be applicable to employees, contractors, subcontractors, and volunteers, if any. d. Professional Liability Insurance coverage appropriate for the type of business engaged in by the Contractor with minimum limits of $1,000,000 (one million dollars) per occurrence. If a claim made form of coverage is provided, the retroactive date of coverage shall be no later than the inception date of claims made coverage, unless prior policy was extended indefinitely to cover prior acts. Coverage shall be extended beyond the policy year either by a supplemental extended reporting period (ERP) of as great a duration as available, and with no less coverage and with reinstated aggregate limits, or by requiring that any new policy provide a retroactive date no later than the inception date of claims made coverage e. Pollution Liability Insurance coverage, which covers any and all losses caused by pollution conditions (including sudden and non-sudden pollution conditions) arising from the servicing and operations of Vendor (and any subcontractors, representatives, or agents) involved in the work/transport, in the minimum amount of $1,000,000 (one million dollars) per occurrence and $2,000,000 (two million dollars) general aggregate. 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 3 [GM18-2064-086/229508/1] [GM18-2064-086/292263/1] 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 #15-22 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. 6) INDEMNIFICATION 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, except as same may be caused by the City’s negligence.. b. Contractor will update the City during the course of the litigation to timely notify the City of any issues that may involve the negligence of the City for which Contractor has not indemnified City hereunder. 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 Contractor’s negligence under this Agreement or use of Contractor-provided supplies or services. Client’s liability for torts shall be governed by Section 768.28, Florida Statutes. Contractor agrees that nothing contained herein shall be construed as a waiver of any sovereign immunity from or limitation of liability the Client may be entitled to under the doctrine of 4 [GM18-2064-086/229508/1] [GM18-2064-086/292263/1] sovereign immunity, or Section 768.28, Florida Statutes. Furthermore, this provision is not intended to, nor shall it be interpreted as, limiting or in any way affecting any defenses the Client may have under Section 768.28, Florida Statutes or as consent to be sued by third parties. Contractor agrees that the Client reserves the right to appoint legal counsel for any and all claims against the Client that may arise related to this Agreement or work performed under this Agreement/Contract. This indemnification obligation shall survive the expiration or termination of the Agreement. Subject to Section 768.28, Florida Statutes, this indemnification obligation shall extend to all costs, expenses and damages arising from any infringement, misappropriation or claim of infringement or misappropriation of any process, product, apparatus or combination patent resulting from the use of any designs or other information furnished by the other party and incorporated in the Work or Ancillary Work. 7) COMPLIANCE WITH LAW AND SAFETY REQUIREMENTS: All Work will be performed in accordance with the Federal Pipeline Safety Regulations, NFPA 58 and all applicable propane and pipeline industry safety practices and standards, and in accordance with federal, state and local statutes, rules regulations and ordinances. 8) DURATION/RENEWALICANCELLATION: This Agreement shall be effective upon execution by both parties hereto and the initial term shall expire on August 4, 2023 (“Term”), unless a renewal is agreed upon by both parties, as provided for in the associated bid documents (two (2) one-year renewal options), or unless terminated as otherwise provided for herein. Client or Contractor may cancel the Agreement upon thirty (30) days advance written notice. In the event this Agreement is terminated under the foregoing provision, Client shall pay Contractor any amounts due for Work performed by Contractor and/or materials or supplies ordered, delivered, and accepted by client prior to the date that the termination notice is provided to the non-terminating party. 9) CONFIDENTIALITY: Subject to applicable law, including but not limited to Chapter 119, Florida Statutes, Contractor will not disclose to third parties any information concerning its work for Client, including , but not limited to, confidential or trade secret information or information regarding Client's customers or potential customers, business and marketing plans , customer lists, credit information , gas usage patterns, pricing and marketing policies and practices, financial information and other operating policies and procedures. Contractor understands that if it violates this Agreement, Client will suffer irreparable harm. Therefore, in addition to any other remedies available to it, Client will be entitled to seek and obtain injunctive or equitable relief, including orders prohibiting violations of this Agreement. Subject to applicable law, including but not limited to Chapter 119, Florida Statutes, Client will not disclose to third parties any information concerning its work with Contractor, including, but not limited to, confidential or trade secret information or information, business and marketing plans, customer lists, credit information, pricing and marketing policies and practices, financial information and other operating policies and procedures. Client understands that if it 5 [GM18-2064-086/229508/1] [GM18-2064-086/292263/1] violates this Agreement, Contractor will suffer irreparable harm. Therefore, in addition to any other remedies available to it, Contractor will be entitled to seek and obtain injunctive or equitable relief, including orders prohibiting violations of this agreement. Contractor understands that Florida has very broad public records law, therefore, notwithstanding the above, agrees to release any and all records as required by law. 10) MISCELLANEOUS: (a) Waiver. Neither the failure nor any delay on the part of either party to exercise any right , remedy , power or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise of the same or of any other right , remedy, power or privilege, nor shall any waiver of any right, remedy, power or privilege with respect to any occurrence be construed as a waiver of such right, remedy , power or privilege with respect to any other occurrence. No waiver shall be effective unless it is in writing and is signed by the party asserted to have granted such waiver. (b) Binding Nature of Agreement. This Agreement shall be binding upon and inure to the benefit of Client and its successors and assigns and shall be binding upon and inure to the benefit of Contractor, its successors and assigns. (c) Provisions Separable. The provisions of this Agreement are independent of and separable from each other, and no provision shall be affected or rendered invalid or unenforceable by virtue of the fact that for any reason any other or others of them may be invalid or unenforceable in whole or in part. (d) Entire Agreement. This Agreement contains the entire understanding among the parties hereto with respect to the subject matter hereof, and supersedes all prior and contemporaneous agreements and understandings, inducements or conditions, express or implied, oral or written, except as herein contained. The express terms hereof control and supersede any course of performance and/or usage of the trade inconsistent with any of the terms hereof. This Agreement may not be modified or amended other than by an agreement in writing. (e) Paragraph Headings – The paragraph headings in this Agreement are for convenience only; they form no part of this Agreement and shall not affect its interpretation. (f) Gender, Etc. – Words used herein, regardless of the number and gender specifically used, shall be deemed and construed to include any other number, singular or plural, and any other gender, masculine, feminine or neuter, as the context indicates is appropriate. (g) Number of Days – In computing the number of days for purposes of this Agreement, all days shall be counted, including Saturdays, Sundays and holidays; provided, however, that if the final day of any time period falls on a Saturday, Sunday or holiday on which federal banks are or may elect to be closed, then the final day shall be deemed to be the next day which is not a Saturday, Sunday or holiday. (h) This Agreement may be executed in multiple counterparts, each of which shall be deemed an original for all purposes and all of which shall be deemed collectively to 6 [GM18-2064-086/229508/1] [GM18-2064-086/292263/1] be one agreement. The parties agree that execution of this Agreement by a party and the delivery of such party's signature by mail, facsimile transmission, or electronic (e-mail) transmission shall be fully effective as the original signature of such party to the fullest extent as if it were the original copy thereof. (i) This Agreement shall be governed and interpreted in accordance with the laws of the State of Florida. Venue of any dispute shall lie in Pinellas County, Florida. 11) FORCE MAJEURE Neither party hereto shall be liable for any failure to perform the terms of this Agreement when such a failure is due to "force majeure" as hereinafter defined. The term "force majeure" as used in this Agreement shall mean any delay or default in performance due to any cause beyond the control of the party claiming force majeure and without such party's fault or negligence , including but not restricted to acts of God or the public , civil disturbances, arrests and restraints by rulers and people; acts of the public enemy, wars, riots, insurrections , sabotage; acts, requests or interruptions of the federal , state or local government or any agency thereof; court orders, present and future valid orders of any governmental authority, or nay officer, agency or any instrumentality thereof; floods, fires, storms, epidemics , landslides, lightning, earthquakes , washouts, explosions , quarantine, strikes, lockouts, or industrial disturbances; interruption of transportation, freight embargos or delays in delivery of equipment or service necessary to the performance of any provision of this Agreement ; inability to secure right of way, labor shortages, breakage or accident to machinery or lines of pipe , or any other cause, whether of the kind herein enumerated or otherwise , not reasonable within the control of the party claiming force majeure. Nothing contained in this section, however, shall be construed to require either party to settle a labor dispute against its will. If as a result of force majeure wither party is unable , wholly or in part, to carry out its obligation under this Agreement , other than the obligation to make payment of money due, then, upon such party's giving notice and a description of such cause in writing to the other party as soon as possible after the occurrence of the cause, the obligation of the party giving such notice, so far as it is affected by the cause specified in such notice, shall be suspended for the duration of the cause. Such cause shall, as far as possible, be remedied with all reasonable dispatch. 7 [GM18-2064-086/229508/1] [GM18-2064-086/292263/1] 12) NOTICES All notices , except verbal or email notices with respect to minor questions, shall be in writing and shall be delivered by United States first class mail, postage prepaid, personal delivery, facsimile (with printed confirmation) , electronic transmission (e-mail) or nationally recognized overnight carrier to the appropriate party using the following respective addresses: For Client: Clearwater Gas System: 400 N. Myrtle Ave Clearwater, FL 33755 Attention: Alex Leon, Engineering Manager 727-562-4945 Email: Alex.leon@myclearwater.com For Contractor: Heath Consultants Incorporated 9030 Monroe Road Houston, Texas 77061 Attention: Ken Cowher, Vice President-SBU Operations Phone: 724-640-0655 Email: K.Cowher@heathus.com All notices shall be effective on the party addressee from the time received by such party. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year shown beneath their signatures. HEATH CONSULTANTS INCORPORATED By: WITNESS : _ Name: Ken Cowher (Print) Title: VP of Operations (Prin t) Thereunto duly authorized Date: ________________________ 8 [GM18-2064-086/229508/1] [GM18-2064-086/292263/1] Countersigned: CITY OF CLEARWATER, FLORIDA By: Frank Hibbard Jon Jennings Mayor City Manager Approved as to form: Attest: Laura Mahony Rosemarie Call Senior Assistant City Attorney City Clerk [GM18-2064-086/292263/1] EXHIBIT A SCOPE OF WORK Conduct a Gas System Leak Survey, an Atmospheric Corrosion Survey, and Atmospheric Corrosion Prevention Coating Services. Additional documents pertaining to details attached herein. [THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0754 Agenda Date: 8/4/2022 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 7.2 SUBJECT/RECOMMENDATION: Approve co-sponsorship and waiver of requested city fees and service charges for 27 Co-sponsored Special Events at an estimated General Fund cost of $430,550.00 ($86,000.00 in cash contributions and $344,550.00 in service contributions) and Enterprise Fund cost of $83,234.00 for the purposes of Fiscal Year 2022/23 departmental budget submittals. (consent) SUMMARY: Per City Council Policy, Item 2-21, Special Event Fees, there shall be an annual review of city sponsored/co-sponsored events during the budget process. An agenda item approving co-sponsorship and level of support for these events will be brought before the City Council at the beginning of the budget process each fiscal year. In the event additional money is required beyond what is approved in the Fiscal Year (FY) 2022/23 budget, City Council approval will be required. For FY 2022/23 staff is recommending $86,000.00 of cash contributions, an increase of $2,250.00 over FY 2021/22. Cash contribution requests for 2022/23 are for Jazz Holiday ($75,000.00), MLK Jr. Celebration ($6,000.00) and the Veteran’s Alliance Veteran’s Day Event ($5,000.00). Total General Fund requests decreased by $117,675.00 from $548,225.00 to $430,550.00, due to a reduction in city-provided services at select large scale events, as well as the elimination of events that did not request support. Additionally, funding for Special Events occurring in the downtown Community Redevelopment Area will be reviewed by the Downtown Development Board for future funding requests, resulting in a reduction of 10 events occurring in the downtown that were previously co-sponsored by General and Enterprise Funds. Enterprise Fund costs increased by $15,629.00, due to increases in city-provided services, as well as the addition of seven new events for FY 2022/23. Two events from 2021/22 did not receive funding approval by the Special Events evaluation committee, including the 12 Days of Christmas Event, which relocated their event space outside of the city’s corporate limits, as well as the Walk for Willa, which will be approved at a departmental level. Event funding for the 2023 Clearwater Celebrates America event will be included in a separate project budget as part of the grand opening of Imagine Clearwater. Also included in the Special Events Budget Estimates chart for FY 2022/23 is a list of twenty-four additional special events requiring some form of support from the Special Events Division. It should be noted that none of the four events scheduled for September have been given the use of Coachman Park for their event. Staff is of the opinion that three of these events will request use of the park if available. New policies and procedures for the use of Coachman Park will be completed prior to the Special Event application process in January 2023. APPROPRIATION CODE AND AMOUNT: N/A Page 1 City of Clearwater Printed on 8/3/2022 File Number: ID#22-0754 USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 8/3/2022 City Co-Sponsored Event is produced by Parks & Recreation Department1Blues on the Block Feb. -$ $ - 80,000$ 5,000$ 3,500$ -$ 100$ 1,000$ $ 89,600.00 2Clearwater Celebrates America - Coachman Park Grand Opening June/July -$ TBD TBD TBD TBD TBD TBD TBD$ - 3Rock 'n Roll Run ClearwaterOct. -$ -$ $ 5,000 25,000$ 10,000$ -$ 50$ 10,000$ $ 50,050.00 $ - 443rd Clearwater Jazz Holiday Oct. 75,000$ -$ $ 4,000 25,000$ 20,000$ 1,500$ 50$ -$ $ 125,550.00 5Chalktober Art Festival Oct. -$ -$ 2,500$ 5,000$ -$ -$ 50$ -$ $ 7,550.00 6Hispanic Farmers MarketOct. -$ -$ -$ -$ -$ -$ 50$ -$ $ 50.00 7Make A Difference Fishing Tournaments for Kids Oct. -$ -$ 875$ -$ -$ -$ 50$ -$ $ 925.00 8Sangria FestivalOct. -$ -$ 850$ 2,000$ 1,500$ -$ 50$ 1,000$ $ 5,400.00 9SALSA at the DistrictOct. -$ -$ 850$ 2,000$ 1,500$ -$ 50$ 1,000$ $ 5,400.00 10Community Family Fun NightOct. -$ -$ 850$ 500$ 500$ -$ 50$ -$ $ 1,900.00 11Tunnel to Towers Clearwater 5k Nov. -$ -$ -$ 2,000$ 1,000$ -$ 50$ -$ $ 3,050.00 12Festival of Trees Nov. -$ 4,200.00$ 2,700$ -$ -$ -$ 50$ -$ $ 6,950.00 13Veteran's Alliance Veteran's Day Event Nov. 5,000$ -$ 2,800$ 500$ -$ -$ 50$ -$ $ 8,350.00 14Tampa Bay Turkey Trot Dec. -$ -$ $ 2,000 4,000$ 4,000$ 500$ 50$ 1,000$ $ 11,550.00 15ReliaQuest Bowl Beach Day (formerly Outback Bowl) Dec. -$ -$ $ 5,100 2,700$ 1,000$ -$ 50$ -$ $ 8,850.00 16Light It Up Clearwater Jan -$ -$ $ 1,250 4,000$ -$ -$ 50$ -$ $ 5,300.00 1740th Annual MLK Jr. Celebration March & Rally Jan 6,000$ -$ 800$ -$ -$ -$ 50$ 1,000$ $ 7,850.00 18Clearwater Run Festival Jan -$ -$ -$ -$ -$ -$ 50$ -$ $ 50.00 19U.S. Open Sailing Series Jan -$ -$ $ - -$ -$ -$ 50$ -$ $ 50.00 20Party Pirates on the Rocks Inc. -- Clearwater InvasionJan -$ -$ $ 850 2,000$ 1,500$ -$ 50$ 1,000$ $ 5,400.00 21Pier60 Sugar Sand Festival April -$ 9,000.00$ $ 25,500 20,000$ -$ -$ 50$ -$ $ 54,550.00 22Veteran's Alliance Memorial Day Event May -$ -$ $ 2,800 -$ -$ -$ 50$ -$ $ 2,850.00 23North Greenwood Back to School & Wellness EventJuly -$ -$ $ 850 500$ 500$ -$ 50$ -$ $ 1,900.00 24Make a Difference Fishing Tournament - Adults (September) Sept -$ -$ $ 875 -$ -$ -$ 50$ -$ $ 925.00 25LookUp Clearwater (Location TBD) Sept -$ -$ $ 850 -$ -$ -$ 50$ -$ $ 900.00 26PB&J Run Sept -$ -$ $ - -$ -$ -$ 50$ -$ $ 50.00 27Hooters Offshore Nationals Sept -$ -$ 3,000$ 15,000$ 7,500$ -$ 50$ -$ $ 25,550.00 86,000$ 13,200$ 144,300$ 115,200$ 52,500$ 2,000$ 1,350$ 16,000$ $430,550.00LEGENDNew event for 2021-22Event wtih City Council Approved Agreement General Fund Total 22-2023City Co-sponsored Event City of Clearwater Special Events Budget Estimates for FY 2022-2023FY 2022-2023 RequestsGENERAL FUND DEPARTMENTS 2022-2023CITY EVENTS, ANNUALMonth held Cash Requests Bldg. & Maint. Parks & Rec. Fire EMS Public Comm. Traffic Eng. Police Life Safety & Inspect. Sub-Total General Fund 2022-23 Co-Sponsored Event is produced by City of Clearwater1Blues on the BlockFeb 2023 $ 200 $ - $ - $ - $ 670 870$ 2Clearwater Celebrates America - Coachman Park Grand Opening June-July 2023 TBD TBD TBD TBD TBD-$ 3Rock 'n Roll Run ClearwaterOct. 20223,000$ -$ -$ -$ 10,500$ 13,500$ 443rd Clearwater Jazz Holiday Oct. 20223,000$ -$ -$ -$ 3,000$ 5Chalktober Art Festival Oct. 2022 315$ -$ -$ -$ -$ 315$ 6Hispanic Farmers MarketMonthly Oct-Sept 1,056$ -$ -$ -$ -$ 1,056$ 7Make A Difference Fishing Tournaments for Kids Oct. 2022 88$ -$ -$ -$ 3,080$ 3,168$ 8Sangria FestivalOct 2022 88$ -$ -$ -$ 100$ 188$ 9SALSA at the DistrictOct. 2022 88$ -$ -$ -$ 100$ 188$ 10Community Family Fun NightOct. 2022 -$ -$ -$ -$ -$ -$ 11Tunnel to Towers Clearwater 5k Nov. 2022 88$ -$ -$ -$ -$ 88$ 12Festival of Trees Nov. 2022 -$ -$ -$ -$ -$ -$ 13Veteran's Alliance Veteran's Day Event Nov. 2022 88$ -$ -$ -$ -$ 88$ 14Tampa Bay Turkey Trot Nov. 2022 600$ $ - -$ -$ -$ 600$ 15ReliaQuest Bowl Beach Day (formerly Outback Bowl) Dec.2022 315$ -$ -$ -$ 2,540$ 2,855$ 16Light It Up Clearwater Dec. 2022 88$ -$ -$ -$ -$ 88$ 1740th Annual MLK Jr. Celebration March & Rally Jan 2023 88$ -$ -$ -$ -$ 88$ 18Clearwater Run Festival Jan 2023 88$ -$ -$ -$ -$ 88$ 19U.S. Open Sailing SeriesJan 2023 -$ -$ -$ -$ 20,220$ 20,220$ 20Party Pirates on the Rocks Inc. -- Clearwater InvasionJan 2023 88$ -$ -$ -$ -$ 88$ 21Pier60 Sugar Sand FestivalApril 2023 2,500$ -$ -$ -$ 21,700$ 24,200$ 22Veteran's Alliance Memorial Day EventMay 2023 315$ -$ -$ -$ -$ 315$ 23North Greenwood Back to School & Wellness EventJuly 2023 -$ -$ -$ -$ -$ -$ 24Make a Difference Fishing Tournament - Adults (September)September 2023 88$ -$ -$ -$ 1,940$ 2,028$ 25LookUp Clearwater (Location TBD)September 2023 315$ -$ -$ -$ -$ 315$ 26PB&J RunSeptember 2023 88$ -$ -$ -$ -$ 88$ 27Hooters Offshore NationalsSeptember 2023 500$ -$ -$ -$ 9,300$ 9,800$ Enterprise Fund Total 22-2023 13,084$ -$ -$ -$ 70,150.00$ 83,234$ LEGENDNew event for 2022-23City Co-sponsored Event Sub-Total Enterprise funds 2022-23 City of Clearwater Special Events Budget Estimates for FY 2022-2023 CITY EVENTS, ANNUAL Month held Solid Waste Gas MarineClw Harbor MarinaParkingEvent wtih City Council Approved Agreement FY 2022-2023 Requests ENTERPRISE FUND DEPARTMENTS 2022-2023 Event LocationCity Co-Sponsored Event is produced by Parks & Recreation DepartmentMLS Soccer - Philadelphia Union Joe DiMaggio1Blues on the Block 89,600$ 870$ 90,470$ MLS Soccer - DC United Walter Campbell2Clearwater Celebrates America - Coachman Park Grand OpeningTBD TBD TBDNSA / ASA / USA Softball Tournaments Eddie C Moore Clearwater Invitational (ESPN) Eddie C Moore 3Rock 'n Roll Run Clearwater 50,050$ 13,500$ 63,550$ USA Softball Camp - Olympic Qualifying Events Eddie C Moore -$ NFCA Leadoff Classic Eddie C Moore 443rd Clearwater Jazz Holiday 125,550$ 3,000$ 128,550$ CHS / SPC Baseball Events Jack Russell Stadium5Chalktober Art Festival 7,550$ 315$ 7,865$ City Grand Opening Events Various6Hispanic Farmers Market50$ 1,056$ 1,106$ Nightly Sunsets Festival Clearwater Beach7Make A Difference Fishing Tournaments for Kids 925$ 3,168$ 4,093$ Spring Break Lacrosse Events Various Athletic Fac.8Sangria Festival 5,400$ 188$ 5,588$ Spring Break Parking Lot Sand Key - Causeway9SALSA at the District5,400$ 188$ 5,588$ Wings, Wheels & Wine Airpark10Community Family Fun Night 1,900$ -$ 1,900$ Clearwater Children's Day-Dia Del Nino Downtown11Tunnel to Towers Clearwater 5k 3,050$ 88$ 3,138$ CMA Sea-Turtle Awareness Day Beach12Festival of Trees 6,950$ -$ 6,950$ CMA Turtle Release's Beach13Veteran's Alliance Veteran's Day Event 8,350$ 88$ 8,438$ Neighborhoods Day Various Parks14Tampa Bay Turkey Trot 11,550$ 600$ 12,150$ Clearwater High School Graduation Spectrum Field15ReliaQuest Bowl Beach Day (Outback Bowl) 8,850$ 2,855$ 11,705$ Holiday Carnival Coachman Park16Light It Up Clearwater 5,300$ 88$ 5,388$ Boo Bash Halloween Carnival Spectrum Field1740th Annual MLK Jr. Celebration March & Rally 7,850$ 88$ 7,938$ Phillies / Threshers Special EventsSpectrum Field18Clearwater Run Festival 50$ 88$ 138$ Spring Health Walk Coachman Park19U.S. Open Sailing Series 50$ 20,220$ 20,270$ Fall Health Walk Coachman Park20Party Pirates on the Rocks Inc. - Clearwater Invasion5,400$ 88$ 5,488$ Disc Golf Tournaments Cliff Steven's Park21Pier60 Sugar Sand Festival 54,550$ 24,200$ 78,750$ Frenchy's Block Party Clearwater Beach22Veteran's Alliance Memorial Day Event 2,850$ 315$ 3,165$ 23North Greenwood Back to School & Wellness Event1,900$ -$ 1,900$ 24Make a Difference Fishing Tournament - Adults (Sep925$ 2,028$ 2,953$ 25LookUp Clearwater (Location TBD) 900$ 315$ 1,215$ 26PB&J Run 50$ 88$ 138$ 27Hooters Offshore Nationals 25,550$ 9,800$ 35,350$ Annual Totals 430,550$ 83,234$ 513,784$ 2022-23 Totals 430,550$ 83,234$ 513,784$ 2021-22 Totals 548,225$ 67,605$ 615,830$ 2020-21 Totals 624,710$ 64,970$ 689,680$ 2019-20 Totals 629,140$ 91,320$ 720,460$ 2018-19 Totals 577,060$ 91,320$ 668,380$ Special Events Budget Estimates FY 2022-23 (Oct-Mar) Requested CASH & SERVICESGrand TotalsActivities Supported by Special Events City Co-Sponsored Event Enterprise fund 2022-2023 Grand Total Requested 2022-2023 CITY EVENTS, ANNUAL General fund 2022-2023 Event with City Council Approved Agreement Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0694 Agenda Date: 8/4/2022 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Police Department Agenda Number: 7.3 SUBJECT/RECOMMENDATION: Approve an agreement with the Pinellas County Sheriff’s Office of Largo, FL for forensic crime scene processing, latent prints, property and evidence storage, and Pinellas Juvenile Assessment Center services in an amount not-to-exceed $618,438.00, which includes contingency, for the term October 1, 2022 through September 30, 2023, and authorize the appropriate officials to execute same. (consent) SUMMARY: The Pinellas County Sheriff’s Office (PCSO) and the Clearwater Police Department (CPD) began an annual contractual agreement for services in January 1994. The agreements have covered forensic crime scene processing, latent fingerprint examination, property and evidence storage, and a share of security costs at the Pinellas Juvenile Assessment Center (PJAC). The total cost for the proposed agreement for Fiscal Year 2022-2023 is $582,210.00. The proposed contractual agreement reflects a 3.26% increase from the agreement in the previous fiscal year. This agreement is based on the following associated costs: Forensic Science Services (Crime Scene Processing) - 1,100 calls for service at $264.90 each, totaling $291,390.00; Fingerprint Services - 1,000 cases at $97.38 each, totaling $97,380.00; Property and Evidence Storage - 12,000 items at $13.67 each, totaling $164,040.00; Pinellas Juvenile Assessment Center (PJAC) - 350 juveniles transported at $84.00 each, totaling $29,400.00. The contingency amount of $36,228.00 will cover any calls for service which exceed those outlined in the proposed contract and invoices for excess services will be issued separately. Additionally, at the end of the contract, any funds remaining from unused calls for service will be refunded to the City. APPROPRIATION CODE AND AMOUNT: Funding for this contractual agreement and contingency funds are included in the Police Department’s fiscal year 2022-2023 operating budget request for cost code, 0101155-530300, contractual services. Page 1 City of Clearwater Printed on 8/3/2022 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0696 Agenda Date: 8/4/2022 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Police Department Agenda Number: 7.4 SUBJECT/RECOMMENDATION: Renew Financial Assistance Agreement between the Florida Department of Law Enforcement and the City of Clearwater, necessary to facilitate a current mutual aid agreement between the two entities, effective upon execution through June 30, 2023, and authorize the appropriate officials to execute same. (consent) SUMMARY: The Florida Department of Law Enforcement and the City of Clearwater (City) have determined that they can make efficient use of their powers and resources, in certain criminal cases that may require specialized expertise and have the potential to cross jurisdictional lines, through coordination and sharing of specialized technical resources and personnel. Chapter 23, Florida Statutes, authorizes law enforcement agencies to enter into mutual aid agreements for rendering voluntary assistance of a routine law enforcement nature to one another across jurisdictional lines and to enter into operational assistance agreements whereby each agency may request and render law enforcement assistance to the other law enforcement agencies during emergencies under Section 252.34, Florida Statutes. Council previously approved the Electronic Surveillance Support Team Multi-Agency Voluntary Cooperation Mutual Aid Agreement with an expiration date of June 30, 2025. This agreement allows for the reimbursement of certain expenses incurred by the City. The Financial Assistance Agreement between the Florida Department of Law Enforcement (FDLE) and the City outlines the eligible costs available for reimbursement by the FDLE and the process to apply for reimbursement. This agreement must be renewed annually, and due to the nature of the agreement, it is required to come before Council for approval. The agreement provides for reimbursement of overtime (salaries and benefits) and expense (travel and training). Funds will be reimbursed up to an annual maximum of $12,500 per task force participant. Total reimbursement for all participating agencies for the ESST/CHT task force under FDLE’s appropriation shall not exceed $300,000.00 If the total monetary amount of the financial assistance provided to the City is equal to or Page 1 City of Clearwater Printed on 8/3/2022 File Number: ID#22-0696 exceeds $750,000 in any fiscal year, the participant must have a state single audit for such fiscal year in accordance with Section 215.97, Florida State Statutes. There is no budgetary impact associated with the ESST Mutual Aid Agreement. APPROPRIATION CODE AND AMOUNT: N/A Page 2 City of Clearwater Printed on 8/3/2022 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0643 Agenda Date: 8/4/2022 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 7.5 SUBJECT/RECOMMENDATION: Approve Supplemental Work Order One to Black and Veatch, of Tampa, FL, for Project Management Services 22-0007-UT in the amount of $380,000, increasing the work order from $95,000 to $475,000 pursuant to Request for Qualifications (RFQ) 26-19, Engineer of Record Consulting Services (EOR), and authorize the appropriate officials to execute same. (consent) SUMMARY: Utilities Engineering manages the Public Utilities Department’s Capital Improvement Plan (CIP) projects. Due to the abundance of CIP projects and limited resources, additional project management support is needed. On April 25, 2022, the City Manager approved the initial work order to Engineer of Record Black & Veatch to begin providing project management services in the amount of $95,000. This $380,000 Supplemental Work Order One is for additional project management services for a new work order value of $475,000 and new total duration of about 1.5 years. These additional project management services will be for projects in which the estimated construction cost does not exceed $4 million or for study activity in which the fee does not exceed $500,000. APPROPRIATION CODE AND AMOUNT: 4217421-530300 $380,000 Funds are available in various capital improvement projects to fund this contract. Page 1 City of Clearwater Printed on 8/3/2022 Black & Veatch City of Clearwater Consultant Work Order Page 1 of 7 Revised: 10/27/2021 CONSULTANT SUPPLEMENTAL WORK ORDER 1 Date:6/29/2022 1. PROJECT INFORMATION: Project Title:Project Management Services (Utilities) City Project Number:22-0007-UT City Plan Set Number:N/A Consultant Project Number:TBD 2. SCOPE OF SERVICES: The City of Clearwater (City) is embarking on a number of utilities, engineering, and capital improvements projects. The City has requested that Black & Veatch (ENGINEER) perform project management services in support of these various projects, working as an extension of City staff. The initial work order allowed the project to commence while this Supplemental Work Order 1 was prepared and brought to Council for approval. This Supplemental Work Order 1 provides for additional Project Management (PM) services by ENGINEER. All services under this Work Order have been categorized under “Phase I - Pre-Design”. Work under other Phases is not part of this Work Order. Some projects may be “in-house”; while for others, the City may select Consultants to execute and ENGINEER will serve as the City’s PM for either, as the City elects. I. PRE-DESIGN PHASE: Tasks 1, 2, 3, 6, and 7 were in the original Work Order. Task 4:As-Needed PM Support – Supplemental 1 Services will be provided by ENGINEER professional(s) who shall be available and dedicated to support City projects for forty (40) hours per week. The types of services that ENGINEER may provide under this task include a variety of activities which have been grouped by category. These examples of project management support services / duties to be performed are not intended to be subtasks, rather to illustrate the breadth of services that are offered under this task. CONSULTANT WORK ORDER Project Management Services (Utilities) – Supplemental 1 Black & Veatch 22-0007-UT City of Clearwater Consultant Work Order Page 2 of 7 Revised: 10/27/2021 a. Undergo training on the City Project Management systems, policies and procedures. b. Coordinate / correspond with multiple contractors, consultants, City staff, and other stakeholders. c. Review contracts, scopes of services, and fee proposals. d. Review and comment on deliverables. e. Review and comment on schedules. f. Review and process invoices and payment applications. g. Distribute deliverables and route other documents for review by City staff. Compile comments and return City comments to contracted parties. h. Process requests for information by contractors and consultants and coordinate the provision of requested / available documentation. i. Track schedule and budget of contractor and consultant contracts on behalf of the City. j. Attend meetings, both internal to the City as well as with consultants and contractors. When appropriate, lead meetings and distribute meeting minutes. k. Perform site visits to observe City facilities, operations, and construction progress. l. Other tasks/ duties as the City identifies. m.Monitor the consultant and to ensure project participants complete activities to support a defined project plan, schedule and budget. Task 5: Project Management and Administration – Supplemental 1 ENGINEER will perform general administrative duties associated with the project, including Supplemental 1 Work Order financial set-up, resource management, progress monitoring, scheduling, general correspondence, office administration, and invoicing. ENGINEER will maintain an accurate project documentation, filing, and project cost accounting system throughout the project. ENGINEER will maintain continuous control over the quality of all its work efforts. This will include oversight and review by the lead technical engineer(s), project manager and senior technical staff, the time for which is included in the budget for other tasks. Monthly progress reports will be delivered with each ENGINEER’s invoice. II. DESIGN PHASE: Not applicable. CONSULTANT WORK ORDER Project Management Services (Utilities) – Supplemental 1 Black & Veatch 22-0007-UT City of Clearwater Consultant Work Order Page 3 of 7 Revised: 10/27/2021 III. FINAL DESIGN PHASE: Not applicable. IV. BIDDING PHASE: Not applicable. V. CONSTRUCTION PHASE: Not applicable. 3. PROJECT GOALS: The primary goals of this project are to assist the City by serving as an extension of staff (staff augmentation) and performing in a Project Management role to carry out various City projects. Task 4 Deliverables: Dependent on services requested. To be determined. Task 5 Deliverables: Monthly progress reports provided with ENGINEER’s invoices. 4. FEES: Special rates associated with full-time engagement for the City’s PM role have been developed for this Work Order, as follows: Job Classification Hourly Rate Project Engineer/ Scientist I (in full-time PM role) $135.00 Project Engineer/ Scientist II (in full-time PM role) $149.00 Sr. Engineer/ Scientist I (in full-time PM role) $164.00 Services may involve alternate staffing and will use the billing rates in the Master Engineer of Record (EOR) Contract, as mutually agreed. See Attachment “A”. This price includes all labor and expenses anticipated to be incurred by Black & Veatch for the completion of these tasks in accordance with Professional Services Method “A” – Hourly Rate, for a fee not to exceed Three Hundred Eighty Thousand Dollars ($380,000.00). No permit costs are anticipated or included for this project. CONSULTANT WORK ORDER Project Management Services (Utilities) – Supplemental 1 Black & Veatch 22-0007-UT City of Clearwater Consultant Work Order Page 4 of 7 Revised: 10/27/2021 5. SCHEDULE: ENGINEER will provide project management support services for an additional 64 weeks of issuance of notice to proceed (NTP). Project deliverables are to be phased as follows: Task Deliverable/ Milestone Weeks Following NTP Notice to Proceed (NTP) 4 To Be Determined Varies 5 Progress Reports Monthly 6. STAFF ASSIGNMENT: The City’s staff assignments to this project include: Richard Gardner, P.E.Public Utilities Director Michael Flanigan Public Utilities Assistant Director Jeremy Brown, P.E.Engineering Manager, Utilities Kervin St. Aimie Public Utilities Infrastructure Maintenance Manager TBD Public Utilities Infrastructure Maintenance Assistant Manager Christina Goodrich Public Utilities WET Manager Travis Teuber Public Utilities Assistant Manager The ENGINEER’s staff assignments to this project include: Rafael E. Frias III, P.E.Associate Vice President Andy Westfall, P.E., ENV SP Client Services Director Rebecca Oliva, P.E., BCEE, ENV SP, PMP Project Manager (for this BV WO) Ivan Tamayo, P.E., others City PM (extension of staff) 7. CORRESPONDENCE/REPORTING PROCEDURES: Consultant’s project correspondence shall be directed to: Ivan Tamayo with copies to Rebecca Oliva. All City project correspondence shall be directed to: Jeremy Brown with copies to Richard Gardner and Michael Flanigan. 8. INVOICING/FUNDING PROCEDURES: City Invoicing Code: __4211345-530100________________________ For work performed, invoices shall be submitted monthly to: CONSULTANT WORK ORDER Project Management Services (Utilities) – Supplemental 1 Black & Veatch 22-0007-UT City of Clearwater Consultant Work Order Page 5 of 7 Revised: 10/27/2021 Attention: Leland Sivanish, Sr. Accountant CITY OF CLEARWATER, ENGINEERING DEPARTMENT 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. 9. INVOICING PROCEDURES: At a minimum, in addition to the invoice amount(s) the following information shall be provided on all invoices submitted on the Work Order: 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. 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 be ADA accessible. 11. ADDITIONAL CONSIDERATIONS: All work orders should include considerations for the following: CONSULTANT WORK ORDER Project Management Services (Utilities) – Supplemental 1 Black & Veatch 22-0007-UT City of Clearwater Consultant Work Order Page 6 of 7 Revised: 10/27/2021 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. 12. SPECIAL CONSIDERATIONS: 1. Standard Time Off: The ENGINEER professional(s) will not be available during periods of ENGINEER’s standard time off, including vacation, holiday, and sick time. The City will not be charged for ENGINEER professional’s time during periods of Standard Time Off. a. ENGINEER’s standard holidays include: New Year’s Day, Dr. Martin Luther King, Jr. Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and the Friday after, Christmas Eve (afternoon), Christmas Day, and one Floating Holiday. b. City holidays include Presidents Day, Veterans Day, and Juneteenth, on which days ENGINEER will not report to work at the City but will use personal vacation time or find other ENGINEER work to do on those days. c. Vacation time will be scheduled in advance in support of City planning. d. If desired by the City, ENGINEER will provide an alternate resource to cover key project activities during scheduled vacation periods or extended sick leave, as applicable. CONSULTANT WORK ORDER Project Management Services (Utilities) – Supplemental 1 Black & Veatch 22-0007-UT City of Clearwater Consultant Work Order Page 7 of 7 Revised: 10/27/2021 13. SIGNATURES: PREPARED BY: APPROVED BY: Rafael E. Frias III, P.E. Tara Kivett, P.E. Associate Vice President City Engineer Black & Veatch City of Clearwater Date Date ATTACHMENT “A” CONSULTANT WORK ORDER – PROJECT FEES TABLE Project Management Services (Utilities) – Supplemental 1 Black & Veatch 22-0007-UT City of Clearwater Consultant Work Order – Project Fees Table Page 1 of 1 Revised: 10/27/2021 CONSULTANT SUPPLEMENTAL WORK ORDER 1 PROJECT FEES TABLE Task*Description Subconsultant Services Labor Total Pre-Design & Design 1 Project Initiation $0 $0 $0 2 As-Needed PM Support $0 $0 $0 3 Project Management and Administration $0 $0 $0 4 As-Needed PM Support – Supplemental 1 $0 $351,128 $351,128 5 Project Management and Administration – Supplemental 1 $0 $8,672 $8,672 Pre-Design Total:$359,800 SUBTOTAL, LABOR AND SUB-CONTRACTORS:$359,800 6 Other Direct Costs $0 8 Other Direct Costs – Supplemental 1 $2,104 Permit Fees $0 SUBTOTAL, WITHOUT CONTINGENCY:$361,904 7 Contingency $0 9 Contingency (5%) – Supplemental 1 $18,096 GRAND TOTAL:$380,000 *Tasks 1, 2, 3, 6, & 7 were in the original Work Order, so new numbers were assigned to the line items for this Supplemental 1 WO. ATTACHMENT “B” CONSULTANT WORK ORDER – CITY DELIVERABLES Project Management Services (Utilities) – Supplemental 1 Black & Veatch 22-0007-UT City of Clearwater Consultant Work Order – City Deliverables Page 1 of 1 Revised: 10/27/2021 CONSULTANT WORK ORDER CITY DELIVERABLES (Not Applicable) 1. FORMAT: The design plans shall be compiled utilizing the following methods: 1. ENGINEER CAD standards, which has been approved by the City PM. 2. Datum: Horizontal and Vertical datum shall be referenced to North American Vertical Datum of 1988 (vertical) and North American Datum of 1983/90 (horizontal). The unit of measurement shall be the United States Foot. Any deviation from this datum will not be accepted unless reviewed by City of Clearwater Engineering/Geographic Technology Division. 2. DELIVERABLES: The design plans will be produced at 22” x 34” for true half-size if printed on 11” x 17” size paper. Upon completion the consultant shall deliver all drawing files in digital format with all project data in Autodesk Civil 3D file format. NOTE: If approved deviation from Clearwater CAD standards are used, the ENGINEER shall include all necessary information to aid in manipulating the drawings including either PCP, CTB file or pen schedule for plotting. The drawing file shall include only authorized fonts, shapes, line types or other attributes contained in the standard release of Autodesk, Inc. software. All block references and references contained within the drawing file shall be included. Please address any questions regarding format to Mr. Tom Mahony, at (727) 562-4762 or email address Tom.Mahony@myClearwater.com. All electronic files (including CAD and Specification files) must be delivered upon completion of project or with 100% plan submittal to City of Clearwater. Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0723 Agenda Date: 8/4/2022 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 7.6 SUBJECT/RECOMMENDATION: Approve Supplemental Work Order 1 to WSP USA, Inc. for the Reverse Osmosis Plant 2 (RO2) Injection Well 1 (IW-1) Retrofit, Project 20-0020-UT, in the amount of $98,768.80, increasing the project amount from $28,545.00 to $127,313.80 pursuant to Request for Qualifications (RFQ) 26-19, Engineer of Record Consulting Services (EOR) and authorize the appropriate officials to execute same. (consent) SUMMARY: Located at RO2, IW-1 is a class 1 injection well that is used to dispose concentrate.  This is a common disposal method used at brackish water RO facilities due to the high amounts of salinity that must be removed during the treatment process. The purpose of the RO2 IW-1 Retrofit project is to reduce or eliminate air entrainment in the concentrate injection well. In October 2020, an initial work order was approved to WSP Inc. for a basis of design report which provided options to reduce or eliminate air entrainment in the injection well in the amount of $28,545.00. In the basis of design report, WSP USA, Inc. recommended the option of placing the injection well under vacuum or “siphon”, installing a precision flow control valve, and additional programming to control pressure and flow during concentrate disposal. Supplemental Work Order 1 includes design efforts to implement the retrofit recommendations in addition to bidding services once the design is complete. The City of Clearwater’s Public Utilities Department is responsible for owning, operating, and maintaining RO2. APPROPRIATION CODE AND AMOUNT: 3217321-530100-96767 $98,768.80 Funds are available in capital improvement project 321-96767, RO Plant at Reservoir 2 , to fund the work order. Page 1 City of Clearwater Printed on 8/3/2022 WSP-USA City of Clearwater Consultant Work Order Page 1 of 8 Revised: 10/27/2021 CONSULTANT WORK ORDER Supplement No. 1 Date: May 17, 2022 1. PROJECT INFORMATION: Project Title: RO2 Injection Well (IW-1) Retrofit City Project Number: 20-0020-UT City Plan Set Number: 2020014 Consultant Project Number: 31402378.003 2. SCOPE OF SERVICES: The City of Clearwater (City) requires modifications to the wellhead piping on injection well IW- 1 at the Reverse Osmosis Water Treatment Plant No. 2 (RO-2). The installation of a modulated flow control valve at the current location of a 10-inch diameter gate valve adjacent to the tee on the wellhead is proposed to regulate concentrate flow rates into the well and maintain a relatively constant level in the concentrate storage tank. The purpose of the wellhead improvements is to prevent cascading of water into the injection well. Concentrate flows via gravity into the well and the system has been operated for approximately eight months in this manner with flow rates adjusted manually by the WTP operations staff. WSP will utilize McKim & Creed (M&C) to provide electrical and instrumentation and control (I&C) design services. The CONSULTANT (WSP USA Inc.) performed inspections of the injection well and wellhead appurtenances to assess the work necessary to modify the wellhead. The results and recommended wellhead retrofit were provided in the report, RO-2 Injection Well Retrofit Basis of Design Report (WSP, 2021). This scope was developed to implement the recommendations of the Basis of Design Report. The improvements desired by the City include the following: • Remove the existing gate valve and install a flow control valve and appurtenances. • Establish a flow control feature within the SCADA system to modulate the flow control valve either by flow rate or concentrate storage tank level. • Install a butterfly valve on the concentrate piping to further regulate flow rates to avoid cavitation across the valves. CONSULTANT WORK ORDER RO2 Injection Well (IW-1) Retrofit WSP-USA 20-0020-UT City of Clearwater Consultant Work Order Page 2 of 8 Revised: 10/27/2021 VI. PRE-DESIGN PHASE: Task 6.1: Project Management This task includes several activities associated with managing the project effectively. WSP will participate in a project kick-off meeting and two progress meetings with the City during the project to ensure that the process is moving along efficiently. This task also includes management of all in-house paperwork and electronic files, including invoices, written and telephonic communications and consultation between WSP, the City, and WSP’s electrical/I&C subconsultant staff. This task includes QA/QC review of all documents produced for the project. Overall project management of all activities is included here to make sure of necessary staffing when needed and to make sure that the project schedule is maintained, within budget, and in accordance with our contract with the City. VII. DESIGN PHASE: Task 7.1: Well Head Preliminary Design (30% Design) WSP will provide a Preliminary Design Technical Memorandum (PDTM) that will document the design of the proposed improvements. The PDTM will include the following: • A brief narrative that describes the improvements and design criteria • A sketch that depicts the layout of the improvements • An estimate of probable construction cost Task 7.2 SCADA and Electrical Preliminary Design M&C will perform field investigations with WSP at the RO-2 facility for electrical and I&C related items. Field investigations are estimated as one (1) day for each discipline. M&C will review existing plant information provided by the City. Data required from the City for the design on this project may include, but not be limited, to the following: • Record Drawings applicable to the project • Relevant operations data and equipment shop drawings • O&M documentation M&C will provide a technical memorandum in electronic format summarizing the results of the field investigation and the information obtained through the review of the data collection. The memorandum will be prepared in consideration of the project scope of work and provide recommendations for the work to be included in the design effort. CONSULTANT WORK ORDER RO2 Injection Well (IW-1) Retrofit WSP-USA 20-0020-UT City of Clearwater Consultant Work Order Page 3 of 8 Revised: 10/27/2021 M&C will participate in a conference call with WSP and the City to review the contents of the memorandum and to receive and review any comments. M&C will prepare a final memorandum incorporating agreed upon comments to refine the project scope of work. VIII. FINAL DESIGN PHASE: Task 8.1: Well Head Final Design Final design will commence with the City’s written approval of the PDTM. Final design will include the production of technical specifications and drawings that will depict the proposed improvements. The technical specifications will be provided in City specifications format as Section IV A. Edits will be made as needed to the contract document sections to reference the project specific information. A review set of drawings will be provided to the City at the 75% completion level. WSP will participate in a design review meeting with the City prior to starting the 100% design phase to review and receive City comments. Meeting minutes to be compiled and distributed by WSP. Agreed upon comments will be incorporated into the project design as part of the 100% design submittal. WSP will update the probable construction cost estimate. The design plans shall be compiled using the City of Clearwater CAD standards, as attached. The following assumptions apply to this task group: • The new flow control valve will be selected to fit in the location where the existing gate valve is adjacent to the tee fitting on the wellhead. The City will advise if a sole source for the valve is desired. • The electrical service near the wellhead has capacity to operate the motor operated valve. • A land survey of the site will not be needed since all work will be done on City property or will be tied to existing structures. • The capacity of the modified well/wellhead will not exceed 1,900 gpm. Task 8.2 SCADA and Electrical Final Design M&C will prepare design drawings using the data collected and defined as part of Task 2. The drawings will generally consist of the following: • Electrical Plans including an electrical legend (1), limited site plan (1), limited power and control plan (1), single line diagrams (1) and electrical details (1), as needed. • I&C including I&C legend and symbols (2), P&ID (1), control panel modification details (1), instrumentation details (1) and communication diagrams (1), as needed. CONSULTANT WORK ORDER RO2 Injection Well (IW-1) Retrofit WSP-USA 20-0020-UT City of Clearwater Consultant Work Order Page 4 of 8 Revised: 10/27/2021 • Details for overall design cover page, general notes and index drawings will be provided for drawings prepared by others. M&C will prepare Electrical and I&C technical specification for the construction of the new components and will prepare an Opinion of Probable Construction Cost for the Electrical and I&C work using information from manufacturers and the design documents. A review set of drawings will be provided to WSP at the 75% completion level. M&C will participate in the design review meeting with the City prior to starting the 100% design phase to review and receive City comments. M&C will perform and assist others with a cross discipline review of the overall design, as it pertains to Electrical and I&C components. M&C will prepare and submit the Final design submittal package to WSP for inclusion in the delivery to the City. The submittal will include the design drawings, technical specifications and opinion of probable construction cost in electronic format. IX. BIDDING PHASE Task 9.1 Bidding Services The City will manage the bidding phase of the project with the assistance of WSP. WSP will provide the following services to the City during bidding: • Respond to questions from bidders. • Issue up to two (2) addenda to the City to clarify the plans and specifications. The City will issue the addenda to the plan holders. • Review bids and recommend award. X. PERMITTING PHASE Task 10.1 Prepare an Application for a Minor Modification of the FDEP Operation Permit WSP will prepare an application package for a Minor Modification of the Operation Permit. The package will include completion of the FDEP application to construct, test, and operate a Class I Injection Well, a letter describing the proposed well head improvements, and design drawing. XI. CONTINGENCY PHASE Task 11.1 Contingency Services This task is for additional services nor included in the existing scope that may be required as the project proceeds. This may include meetings, conference calls, or other follow-up written correspondence, etc. Contingency services will be billed as incurred only after written authorization provided by the City to proceed with those services. CONSULTANT WORK ORDER RO2 Injection Well (IW-1) Retrofit WSP-USA 20-0020-UT City of Clearwater Consultant Work Order Page 5 of 8 Revised: 10/27/2021 3. PROJECT GOALS: WSP will provide the following deliverables: • A digital copy of the draft and final versions of the Preliminary Design Technical Memorandum. An electronic file in pdf format will be provided for the final version. • Three (3) copies of the 75% completion level plans and specifications. • Three (3) copies of the final completion level plans and specifications. An electronic file in pdf format will be provided for the final version. Design drawings will be provided in CAD format using the City of Clearwater CAD standards, as attached. 4. FEES: This price includes all labor and expenses anticipated to be incurred by WSP-USA for the completion of these tasks in accordance with Professional Services Method “A” – Hourly Rate, for a fee not to exceed Ninety-eight thousand seven hundred sixty-eight dollars and eighty cents ($98,768.80). The Minor Modification of the Operation Permit has a fee of $250, which will be paid by the Consultant and invoiced to the City as a reimbursable. 5. SCHEDULE: The project is to be completed in 150 days from issuance of notice-to-proceed. The project deliverables are to be phased as follows: 30% Construction Plans: 60 calendar days 75% Construction Plans and Permit Applications: 100 calendar days Final Construction Documents: 150 calendar days Bidding Services 210 calendar days Design phase schedule assumes a 30-day period for City review and subsequent revisions. 6. STAFF ASSIGNMENT: WSP’s Staff: Scott Manahan, P.E. – WSP Supervising Engineer Jeffrey M. Trommer, P.G. – WSP Project Manager Meifa Chen, P.E. – Lead Design Engineer Bryce Bachmann – Staff Engineer Mike Tweedel P.E. – I&C Group Leader, McKim & Creed CONSULTANT WORK ORDER RO2 Injection Well (IW-1) Retrofit WSP-USA 20-0020-UT City of Clearwater Consultant Work Order Page 6 of 8 Revised: 10/27/2021 City’s Staff: Charles McAbee Project Manager Fred Hemerick Public Utilities Assistant Manager Jeremy J. Brown, P.E. Engineering Manager Richard G. Gardner, P.E. Public Utilities Director Michael Flanigan Public Utilities Assistant Director 7. CORRESPONDENCE/REPORTING PROCEDURES: Consultant’s project correspondence shall be directed to: Jeffrey Trommer, P.G. – WSP Project Manager Cc: Scott Manahan, P.E. – Project Engineer All City project correspondence shall be directed to: Charles McAbee – City Project Manager Richard Gardner, P.E. - Public Utilities Director Michael Flanigan – Public Utilities Assistant Director 8. INVOICING/FUNDING PROCEDURES: City Invoicing Code: 3217321-530100-96767 For work performed, invoices shall be submitted monthly to: ATTENTION: LELAND SIVANISH, SENIOR ACCOUNTANT CITY OF CLEARWATER, ENGINEERING DEPARTMENT 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. 9. INVOICING PROCEDURES: At a minimum, in addition to the invoice amount(s) the following information shall be provided on all invoices submitted on the Work Order: 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. 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 CONSULTANT WORK ORDER RO2 Injection Well (IW-1) Retrofit WSP-USA 20-0020-UT City of Clearwater Consultant Work Order Page 7 of 8 Revised: 10/27/2021 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. CONSULTANT WORK ORDER RO2 Injection Well (IW-1) Retrofit WSP-USA 20-0020-UT City of Clearwater Consultant Work Order Page 8 of 8 Revised: 10/27/2021 12. SPECIAL CONSIDERATIONS: The City is responsible for the following: • Furnish available information about the existing facilities as requested by WSP • Review and comment on WSP’s deliverables 13. SIGNATURES: PREPARED BY: APPROVED BY: William S. Manahan, P.E. Tara Kivett, P.E. Supervising Engineer City Engineer WSP-USA City of Clearwater May 17, 2022 Date Date ATTACHMENT “A” CONSULTANT WORK ORDER – PROJECT FEES TABLE RO2 Injection Well (IW-1) Retrofit WSP-USA 20-0020-UT City of Clearwater Consultant Work Order – Project Fees Table Page 1 of 1 Revised: 10/27/2021 CONSULTANT WORK ORDER PROJECT FEES TABLE Task Description Subconsultant Services Labor Total VI. Pre-Design 6.1 Project Management $4,740 $4,740 Pre-Design Total: $4,740 VII. Preliminary Design 7.1 Well Head Preliminary Design $6,900 $6,900 7.2 SCADA and Electrical Preliminary Design $10,000 $10,000 Design Total: $16,900 VIII. Final Design Plans and Specifications 8.1 Well Head Final Design $16,800 $16,800 8.2 SCADA and Electrical Final Design $39,705 $39,705 Final Design Plans and Specifications Total: $56,505 IX. Bidding Phase 9.1 Bidding Services $4,518 $4,300 $8,818 Bidding Services Total: $8,818 X. Permitting Services 10.1 Permitting $2,100 $2,100 Permitting Services Total: $2,100 XI. Contingency Phase 11.1 Contingency Services (10% of Tasks 6 - 10 Total) $8,906 $8,906 Contingency Services Total: $8,906 SUBTOTAL, LABOR AND SUB-CONTRACTORS: $97,969 5.0 Permit Fees $250 6.0 Other Direct Costs (prints, photocopies, postage, etc.) (Not applicable to lump sum Work Orders) $549.80 GRAND TOTAL: $98,768.80 ATTACHMENT “B” CONSULTANT WORK ORDER – CITY DELIVERABLES RO2 Injection Well (IW-1) Retrofit WSP-USA 20-0020-UT City of Clearwater Consultant Work Order – City Deliverables Page 1 of 1 Revised: 10/27/2021 CONSULTANT WORK ORDER CITY DELIVERABLES 1. FORMAT: The design plans shall be compiled utilizing the following methods: 1. City of Clearwater CAD standards. 2. Datum: Horizontal and Vertical datum shall be referenced to North American Vertical Datum of 1988 (vertical) and North American Datum of 1983/90 (horizontal). The unit of measurement shall be the United States Foot. Any deviation from this datum will not be accepted unless reviewed by City of Clearwater Engineering/Geographic Technology Division. 2. DELIVERABLES: The design plans shall be produced on bond material, 24" x 36" at a scale of 1" = 20’ unless approved otherwise. Upon completion the consultant shall deliver all drawing files in digital format with all project data in Autodesk Civil 3D file format. NOTE: If approved deviations 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. Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0755 Agenda Date: 8/4/2022 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Public Utilities Agenda Number: 7.7 SUBJECT/RECOMMENDATION: Approve an increase to contract 901566 to Hach Company of Loveland, CO for the purchase of testing equipment, laboratory instruments, chemicals, parts, and related supplies in the amount of $250,000.00, bringing the total amount to $300,000.00 for the term June 14, 2022 through June 13, 2023 with two, one-year renewal options in the annual not to exceed amount of $300,000.00, pursuant to Clearwater Code of Ordinances Section 2.563(1)(d), Non-competitive purchases (Impractical), and Section 2.561(5), Small Purchases, and authorize the appropriate officials to execute same. (consent) SUMMARY: In June of 2020, Council approved piggybacking off Lee County’s contract with Hach Company #B170418GWT allowing the City to benefit from the pre-negotiated prices and discounts for various items including testing equipment, laboratory instruments, chemicals, parts, and related services. Lee County and other local entities have since moved to sole source for their agreements with the Hach Company. Hach Company provides Public Utilities with testing equipment, laboratory instruments, chemicals, parts, supplies, and related services required for routine water and wastewater testing and analyses. Hach Company is the sole authorized manufacturer and direct distributor for their equipment and does not recognize or authorize any other service organization to repair or recalibrate their analyzers. To comply with public water testing regulations and to ensure quality water for our citizens, consistency, accuracy, and uniformity in water analyses are required. For the reasons stated above, Public Utilities has standardized their equipment and materials to Hach products. Doing so has allowed the city to consistently meet regulatory requirements and process control testing needs. This contract will cover testing equipment, laboratory instruments, chemicals, parts, and related services so that the City can perform to these standards. Additionally, this contract will allow the City to maintain current warranties on all Hach products as Hach’s factory-trained service personnel are the only personnel authorized to perform any repair, start-up of service or maintenance on Hach equipment without voiding an instrument's warranty. Furthermore, it would be impractical for the city to change out all of the Hach equipment throughout all Public Utilities’ facilities and then provide training for the new equipment. While most of the items needed will be procured in accordance with Clearwater Code of Ordinances Section 2.563(1)(d) Non-competitive purchases (Impractical), for those that do not fall under this category, authorization is requested to procure those items through competitive Page 1 City of Clearwater Printed on 8/3/2022 File Number: ID#22-0755 quotes pursuant to Section 2.561(5) Small Purchases, purchases under $50,000.00. This will be monitored for compliance by the Procurement Division. APPROPRIATION CODE AND AMOUNT: Budgeted funds are available in Public Utilities operating cost centers to cover the cost of the contract for the current year. Funding will be requested within contract calendar and spending limits. Page 2 City of Clearwater Printed on 8/3/2022 The Sole Authorized Manufacturer and Direct Distributor Letter June 17, 2022 Customer Name: City of Clearwater Customer Address: PO Box 4748 Customer City, State & Zip: Clearwater, FL 33758 Customer Account Number: 039617 RE: SOLE SOURCE LETTER – Hach Brand Instruments Hach Brand Products – Instruments and Chemistry: Brands to include, but not limited to: Other Hach Brands Evita, GLI, Hach, Homeland Security Technologies, OPS Systems, Orbisphere, Polymetron, Sigma, Anatel, Dr. Lange, Environmental Test Strips, HIAC, Hydrolab, IQ Scientific Instruments, Lachat Instruments, Leica Microsystems, Marsh-McBirney, Met Onem OTT, Hydrometry, Radiometer Analytical, Sea-Bird Electronics, WET Labs, Hach WIMS™, CLAROS Collect, Mobile Sensor Management Thank you for your interest in Hach Company products. This letter is to advise that Hach Company is the sole source manufacturer for all Hach branded instrumentation and chemistry. This excludes all resell items, such as glassware, measuring spoons, brushes, and other general lab accessories. Any software or firmware additions or alterations must be purchased directly from Hach Company. This letter is to confirm that Hach Company is the sole authorized manufacturer and direct distributor of the item(s) listed above. Thank you for your interest in Hach Company Products. If we can be of further assistance, please contact us at 800-227-4224. Thank you. Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0691 Agenda Date: 8/4/2022 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Solid Waste/General Services Agenda Number: 7.8 SUBJECT/RECOMMENDATION: Authorize the purchase of vehicles (heavy and light duty) and equipment in the not-to-exceed amount of $9,056,200.00, budgeted in the Fiscal Year (FY) 23 budget, pursuant to Clearwater Code of Ordinances Sections 2.563(1)(c), Piggyback, 2.563(1)(d), Non-competitive purchases, and 2.561(5), Small Purchases; authorize lease purchase under the City’s Master Lease Purchase Agreement or internal financing via an interfund loan from the Capital Improvement Fund, whichever is deemed to be in the City’s best interest; and authorize the appropriate officials to execute same. (consent) SUMMARY: The Fleet Division is requesting a consolidated expenditure authorization in the not -to-exceed amount of $9,056,200.00 for the acquisition of vehicles and equipment per attached spreadsheet. New purchases are a mix of designated units due for replacement in FY23, which have reached the end of their useful and economic life, and vehicle additions related to the anticipated addition of FTE’s for FY23. Factors used to determine the end of useful and economic life include, but are not limited to: age, life to date, mileage/hours of operations, historical maintenance cost as compared to like vehicles, operating cost per mile/hour, anticipated and ongoing repairs, and physical condition. Due to delays in manufacturing, the Fleet Department is requesting to begin procurement of the vehicles and equipment on the FY23 Vehicle Replacement ahead of the FY23 budget that starts October 1, 2022. Authorization is requested to piggyback off the following contracts, pursuant to Clearwater Code 2.563(1)(c): ·Florida Sheriffs Association (FSA), a purchasing cooperative in the State of Florida o Contract #FSA20-VEL28.0, Pursuit, Administrative and Other Vehicles - valid through September 30, 2022. o Contract #FSA20-VEH18.0, Heavy Trucks - valid through September 30, 2022. o Contract #FSA20-EQU18.0, Heavy Equipment - valid through September 30, 2023. §There are anticipated renewals on all contracts ·Omnia Partners (Omnia), the largest cooperative purchasing organization for public sector procurement. o Contract #EV2671-01 Utility, Transportation, and Golf Vehicles valid through December 31. 2026. Page 1 City of Clearwater Printed on 8/3/2022 File Number: ID#22-0691 ·Sourcewell (formerly NJPA), a purchasing cooperative operating under legislative authority in the State of Minnesota. o Contract #060920-NAF, Class 4-8 Chassis with Related Equipment - valid through August 1, 2024. o Contract #091521-NAF, Cars, Trucks, Vans, SUVs, Cab Chassis & Other Vehicles - valid through November 8, 2025 ·State of Florida, Department of Management Services, cooperatively bids requirements of agencies throughout Florida. o Contract #2510000-21-STC, Motor Vehicles valid through November 16, 2022. Link to contract: Complete Contract - Contracts / Motor Vehicles / State Term Contracts / State Contracts and Agreements / State Purchasing / Business Operations / Florida Department of Management Services - DMS (myflorida.com) <https://www.dms.myflorida.com/business_operations/state_purchasing/state_ contracts_and_agreements/state_term_contracts/motor_vehicles/complete_co ntract_contracts> o Contract # 25101600-21-STC, Medium and Heavy Trucks - valid through September 30, 2026. o Contract # 25101900-21-STC, Agriculture and Lawn Equipment - valid through December 31, 2023. Authorization to add additional piggyback contracts is requested as needed to ensure the City is receiving the most competitive pricing for vehicles and equipment which will be monitored by the Procurement Division. Any authorization of additional contracts will not go beyond the not-to-exceed amount requested. Authorization to procure additional features not included in the piggyback contracts, as impractical, due to delay in receipt of vehicle and/or equipment, possible void of warranty for after-market items, manufacturer delay in receiving parts, etc., pursuant to Clearwater Code of Ordinances Section 2.563(1)(d). Typically, when procuring additional features through the dealership, these features are priced below Manufacturer Suggested Retail Price (MSRP). This will be monitored for compliance by the Procurement Division. While most of the vehicles and equipment are procured through piggyback contracts, for those vehicles that do not fall under this category, authorization is requested to procure these vehicles and equipment through competitive quotes pursuant to Clearwater Code of Ordinances Section 2.561(5) Small Purchases, purchases under $50,000.00. This will be monitored for compliance by the Procurement Division. Page 2 City of Clearwater Printed on 8/3/2022 File Number: ID#22-0691 APPROPRIATION CODE AND AMOUNT: Fund Impacted 010 General Fund $2,420,700 419 Stormwater - 421 Public Utilities $840,000 423 Gas $604,000 424 Solid Waste $2,840,000 426 Recycling - 432 Marina $39,000 435 Beach Guard Operations $26,000 555 Customer Service $27,000 565 General Services - 566 General Services - Subtotal - Replacements (L1910) $6,796,700 Garage Fund-Replace Cash (94233) $187,000 Garage Fund NEW (L2301)$1,428,000 Penny Funds (315-94238)$104,000 Stormwater Replacements (C1908)$511,000 Public Works 0101341 $2,500 Public Utilities 4211351 $27,000 Miscellaneous Fund Subtotal $2,259,500 Fiscal Year 22/23 Total $9,056,200 Page 3 City of Clearwater Printed on 8/3/2022 Dept Fund Cost Center Old Unit #Year Old Make Yrs Mileage/ Hours Dept Total New Year New Make Customer Svc 555 9885 G2920 2004 Ford Ranger 19 86,562 2023 Ford Maverick Crew Cab Hybrid Customer Svc 555 9885 new add 2023 Ford Maverick Crew Cab Hybrid 54,000 Fire 010 1210 G3875 2012 Ford Taurus 11 89,233 2023 Ford Maverick Crew Cab Hybrid Fire 010 1220 G4054 2015 Chevrolet Suburban 8 83,855 2023 Ford Explorer Hybrid-Red Fire 010 1240 G4156 2015 Chevrolet Suburban 8 88,850 2023 Ford Ranger Crew 4WD-Red Fire 010 1230 G4265 2015 Ford F250 Ext Cab 8 84,148 2023 Ford Maverick Crew Cab Hybrid Fire 010 1210 G4319 2015 Ford F250 Ext Cab 8 89,020 2023 Ford Interceptor 150 Hybrid-White Fire 010 1240 G4620 2018 Polaris Ranger 1000 5 430 hrs 2023 Club Carry All 1700 Crew Fire 010 1240 G4622 2018 Polaris Ranger 1000 5 261.6 hrs 2023 Polaris Ranger XP1000 Fire 435 1372 G4899 2020 Polaris Ranger 1000 3 687.9 hrs 2023 Polaris Ranger 1000 Sunset Red Fire 435 1372 G4900 2020 Honda TRX500 ATV 3 975.3 hrs 2023 Honda TRX500 ATV Fire 435 1372 G4901 2020 Honda TRX500 ATV 3 1016.5 hrs 2023 Honda TRX500 ATV 305,700 Bldg& Main 565 6531 new add 2023 JLG 2632ES Scissor Lift 26,000 Fleet 566 6611 G2073 1999 EZ GO Cart 24 635 hrs 2023 Toro Workman GTX-Electric Fleet 566 6611 G2921 2004 Ford Ranger 19 77,921 turn in no replacement 21,000 Gas 423 2066 G2634 2003 Caterpillar 416D 20 971 hrs turn in no replacement Gas 423 2065 G3310 2007 International 4300 LP Tanker 16 205,442 2023 Freightliner M2-112 LP Tank Gas 423 2076 G3641 2011 Ford F250 Super Duty 12 75,297 turn in no replacement Gas 423 2066 G3882 2012 Ford F450 Svc Body CNG 11 99,480 2023 Ford F450 Reg Cab 2WD SVC Gas 423 2076 G3889 2013 Chevrolet Silverado 10 69,582 turn in no replacement Gas 423 2066 G4089 2015 Ford F450 Svc Body CNG 8 107,312 2023 Ford F450 Reg Cab 2WD SVC Gas 423 2066 G4295 2016 Ford F450 Reg Cab DRW Svc Body CNG 7 87,881 2023 Ford F450 Reg Cab 2WD SVC Gas 423 2067 G4308 2016 Ford F150 Ext Cab 2WD-CNG 7 92,471 2023 Ford Transit Connect Van 604,000 Mar&Aviation 432 1371 G2770 2003 EZ GO Cart 20 639 hrs 2023 Club Carryall 700 Gas Mar&Aviation 432 1371 G4565 2018 2018 Ford F350 Crew Cab 4WD 5 26,666 2023 Ford F250 Crew Cab 4WD Mar&Aviation 432 1371 new add 2023 Ford Maverick Crew Cab Hybrid 83,000 Dept Fund Cost Center Old Unit #Year Old Make Yrs Mileage/ Hours Dept Total New Year New Make Library 010 1732 new add 2023 Toyota Sienna Hybrid 46,000 Engineering-Park 435 1333 G2777 2003 Toro Workman 20 700 hrs 2023 Club CarryAll 710 LSV Engineering-Traf 010 1331 G3021 2005 International 4300 Bucket Truck 18 60,192 2023 Ford F550 Altec Aerial Public Works 010 1874 G3115 2006 Multiquip MVC-88HHW Compactor 17 0 2023 Wacker Neuson 1550A Plate Compactor Public Works 010 1874 G3204 2007 Intl 4300 Bucket Truck 16 44,185 2023 Intl MV607 Altec LR7-60 E70 Lift Public Works 010 1341 G3870 2012 Chevorlet 3500 Crew Dump 11 55,080 2023 Intl CV515 Crew Cab Flat Bed Dump Public Works 010 1341 new add 2023 Wacker Neuson 1550A Plate Compactor Public Works 010 1311 new add 2023Chevorlet LCF 4500 CrewCab Vanscaper Body Public Works 010 1311 new add 2023 Ford F350 Reg Cab Dump Body Public Works 010 1311 new add 2023 Ford Maverick Crew Cab Hybrid Public Works 010 1311 new add 2023 Big Tex 14TL Tilt Trailer Public Works 010 1311 new add 2023 Wells Cargo 20' Enclosed Trailer Public Works 010 1311 new add 2023 Scorpion TL3 Attenuator Public Works 010 1311 new add 2023 Toro Groundsmaster 7200 72" Public Works 010 1311 new add 2023 Toro Groundsmaster 7200 60" Public Works 010 1311 new add 2023 Toro Groundsmaster 4000D 1,011,500 Parks 010 1804 G0718 1983 Odell Trailer 40 0 2023 Big Tex UT61670GV Trailer Parks 010 1880 G2832 2004 Ryan Sod Cutter 19 0 2023 Ryan Sod Cutter 18" Parks 010 1877 G2969 2005 Sterling LT7500 Dump Truck 18 56,389 2023 Intl HV607 RO with Water Tank Parks 010 1877 G3125 2007 International 4300 Dump 16 57,286 2023 Intl HV607 10 Wheel Dump Parks 010 1881 G3131 2006 John Deere 5425 Tractor 17 3396 hrs 2023 John Deere 5075M Tractor Parks 010 1883 G3132 2007 Mauldin Roller 4000 16 0 2023 Wacker Neuson RD12 A-90 Parks 010 1877 G3963 2013 Bobcat T630 Skid Steer 10 1554 hrs 2023 Bobcat T770 Compact Track Loader Parks 010 1881 G4212 2015 PERMAGREEN SPREADER 8 460 hrs 2023 Permagreen Triump Spreader Parks 010 1881 G4232 2015 Toro Workman HD ACG 8 847 hrs 2023 Toro Workman HD ACG-Diesel Parks 010 1883 G4233 2015 Toro Workman HD ACG 8 1135 hrs 2023 Toro Workman HD ACG-Diesel Parks 010 1883 G4234 2015 Toro Workman HD ACG 8 2661 hrs 2023 Toro Workman HD ACG-Diesel Parks 010 1883 G4235 2015 Toro Workman HD ACG 8 3225 hrs 2023 Toro Workman HD ACG-Diesel Parks 010 1889 G4236 2015 Toro Workman HD ACG 8 1398 hrs 2023 Toro Workman HD ACG-Diesel Parks 010 1885 G4364 2017 Toro Workman HD ACG 6 2836 hrs 2023 Toro Workman HD ACG-Diesel Parks 010 1862 G4418 2017 Toro Workman HD ACG 6 1624 hrs 2023 Too Workman UTX 4 Passenger-Diesel Parks 010 1862 G4613 2018 John Deere 509M Tractor 5 4079 hrs 2023 John Deere 509M Tractor Dept Fund Cost Center Old Unit #Year Old Make Yrs Mileage/ Hours Dept Total New Year New Make Parks 010 1881 G4648 2018 Toro Multipro 1750 5 608 hrs 2023 Toro Multipro 1750 Parks 010 1862 G4759 2019 Club Carry All 4WD Cart 4 2953 hrs 2023 Club Carry All 4WD Cart Diesel Parks 010 1862 G4762 2019 Club Carry All 4WD Cart 4 2876 hrs 2023 Club Carry All 4WD Cart Diesel Parks 010 1862 new add 2023 Club Carry All 4WD Cart Diesel Parks 010 1862 new add 2023 Club Carry All 4WD Cart Diesel Parks 010 1862 new add 2023 Club Carry All 4WD Cart Diesel Parks 010 1862 new add 2023 Club Carry All 4WD Cart Diesel Parks 010 1862 new add 2023 Club Carry All 4WD Cart Diesel Parks 010 1862 new add 2023 Club Carry All 4WD Cart Diesel Parks 010 1862 new add 2023 Club Carry All 4WD Cart Diesel Parks 010 1862 new add 2023 Club Carry All 4WD Cart Diesel Parks 010 1865 new add 2023 Toro Workman HDX 4WD-Diesel Parks 010 1865 new add 2023 Ford F450 Reg Cab DRW Landscape Parks 010 1865 new add 2023 Wells Cargo 20' Enclosed Trailer Parks 010 1865 new add 2023 Toro Workman HDX 4WD-Diesel Parks 010 1865 new add 2023 Toro Workman HDX-2WD Broyhill Diesel Parks 010 1865 new add 2023 Toro Pro Force Debris Blower Parks 010 1865 new add 2023 Ford F450 Reg Cab Dump Parks 010 1865 new add 2023 Ford Maverick Crew Cab Hybrid Parks 010 1865 new add 2023 Ford Ranger Ext Cab 2WD Parks 010 1865 new add 2023 Toro Groundsmaster 7200 72" Parks 010 1868 new add 2023 Club Carry All 4WD Cart Diesel Parks 10 1868 new add 2023 Toro Groundsmaster 7200 72" Parks 10 1872 new add 2023 Ford F150 Ext Cab 2WD Parks 010 1877 new add 2023 Club Carry All 4WD Cart Diesel Parks 010 1891 new add 2023 Intl MV607 8 YD Dump Parks 010 1895 new add 2023 Ford Transit Connect XL Parks 010 1895 new add 2023 Ford Transit Connect XL 1,948,000 Police 010 1131 G2454 2001 Bluebird CSFE3904 Command Bus 22 16,008 Turn in no replacement Police 010 1121 G3422 2006 Ford Crown Vic 17 76,650 2023 Ford Interceptor SUV-Hybrid White Police 010 1131 G3770 2011 Ford Transit Crime Scene 12 66,995 2023 Ford Explorer-Hybrid White Police 010 1121 G3909 2013 Chevrolet Malibu 10 62,405 2023 Ford Interceptor SUV-Hybrid White Police 010 1121 G3919 2013 Chevrolet Malibu 10 69,774 2023 Ford F150 Responder Crew Cab Police 010 1151 G4033 2014 Dodge Caravan 9 53,620 2023 Ford Maverick Crew Cab Hybrid Police 010 1129 G4034 2014 Jeep Cherokee 9 74,356 2023 Ford F150 Responder Crew Cab Police 010 1129 G4036 2014 Ford Fusion 9 76,007 2023 Ford F150 Responder Crew Cab Dept Fund Cost Center Old Unit #Year Old Make Yrs Mileage/ Hours Dept Total New Year New Make Police 010 1131 G4246 2016 Ford Interceptor Explorer-K9 7 71,286 2023 Ford Interceptor SUV-Hybrid White Police 010 1131 G4249 2016 Ford Taurus 7 81,168 2023 Ford Interceptor SUV-Hybrid White Police 010 1131 G4250 2016 Ford Interceptor Explorer 7 107,498 2023 Ford Interceptor SUV-Hybrid White Police 010 1131 G4252 2016 Ford Interceptor Explorer 7 93,722 2023 Ford Interceptor SUV-Hybrid White Police 010 1131 G4254 2016 Ford Interceptor Explorer 7 64,653 2023 Ford Interceptor SUV-Hybrid White Police 010 1131 G4256 2016 Ford Interceptor Explorer 7 88,414 2023 Ford Interceptor SUV-Hybrid White Police 010 1129 G4267 2016 Chevrolet Silverado 1500 7 104,606 2023 Chevrolet 1500 Crew Cab 2WD Police 010 1131 G4384 2017 Ford Interceptor Explorer 6 85,800 2023 Ford Interceptor SUV-Hybrid White Police 010 1131 G4565 2018 Ford F350 Crew Cab 4WD (FM Marina) 697,000 Public Utilities 421 2051 G2917 2003 Bobcat B850 Concrete Breaker 20 2023 Bobcat HB980 Breaker Public Utilities-421 1355 G3033 2005 Club Car Villager8 18 899 hrs 2023 Toro Workman GTX-Electric Public Utilities 421 2054 G3186 2006 Chevrolet Silverado 2500 SVC Body 17 73,675 2023 Ford F250 Rec Cab 4WD Public Utilities 421 1347 G3234 2002 EZ Go Tex 1200G 21 750 hrs 2023 Toro Workman GTX-Electric Public Utilities 421 1355 G3365 2007 Ford Ranger 16 64,186 2023 Ford Maverick Crew Cab Hybrid Public Utilities 421 1356 G3497 2008 EZ Go Tex 1200G 15 1008 hrs 2023 Toro Workman GTX-Electric Public Utilities 421 2054 G3526 2008 Imperial EQ7147T 1850 15 2023 Big Tex Trailer 14TL-22K Tilt Public Utilites 421 1353 G3786 2007 Ford Ranger 16 61,789 2023 Ford Maverick Crew Cab Hybrid Public Utilities 421 1347 G3874 2013 Bobcat 3200 Cart 10 1046 hrs 2022 Bobcat UV Cart (G5153) Public Utilities 421 1347 G3920 2013 Ford Econovan 150 10 87,242 2023 Ford Transit T250 Med Roof Public Utilities 421 2051 G3961 2013 Ford F150 Ext Cab 10 90,225 2023 Ford Maverick Crew Cab Hybrid Public Utilities 421 1346 G4077 2014 Freightliner 114SD F-15 Aquatech 9 55,806 2023 Freightliner VacCon Public Utilities 421 2051 2017 Ford F550 Step-Up Van (G4427 fm Strm) Public Utilities 421 1351 new add 2023 Ford Maverick Crew Cab Hybrid 909,000 Solid Waste 424 2082 G3827 2012 Crane Carrier LET2-26 11 99,914 2023 Crane Carrier Loadmaster REL EV Solid Waste 424 2082 G3828 2012 Crane Carrier LET2-26 11 99,565 2023 Crane Carrier Loadmaster REL EV Solid Waste 424 2043 G3863 2013 Dorsey Chip Trailer 10 na turn in no replacement Solid Waste 424 2083 G3978 2013 Broyhill Pack & Load 10 2213 hrs 2023 Broyhill Pack & Load with 9.5 CU Box Solid Waste 424 2083 G3984 2014 Peterbilt 320 FEL 9 51,163 2023 Peterbilt FEL CNG Solid Waste 424 2083 G4096 2015 Peterbilt 320 FEL 8 78,479 2023 Peterbilt FEL CNG Solid Waste 424 2083 G4782 2018 Broyhill Pack & Load 5 2087 hrs 2023 Broyhill Pack & Load with 9.5 CU Box 2,840,000 Dept Fund Cost Center Old Unit #Year Old Make Yrs Mileage/ Hours Dept Total New Year New Make Stormwater 419 2090 G2280 2000 Stone Plate Compactor 23 2023 Wacker Neuson Comp Rev Wacker Stormwater 419 2090 G3262 2005 Ditch Witch FX30 18 1232 hrs 2023 Ditch Witch HX30A Vac-Excavator Stormwater 419 2090 G4244 2016 Freightliner M206 Sweeper 7 33,889 2023 Freightliner MS-106 Vacall All Sweep 511,000 9,056,200 010 2,420,700 L/P 419 - L/P 421 840,000 L/P 423 604,000 L/P 424 2,840,000 L/P 426 - L/P 432 39,000 L/P 435 26,000 L/P 555 27,000 L/P 565 L/P 566 TOTAL 6,796,700 187,000 Cash Garage Fund NEW (L2301)1,428,000 L/P 104,000 Cash 511,000 Cash 2,500 Cash 27,000 Cash TOTAL 2,259,500 L/P Total 22-23 Vehicle Replacement Budget 9,056,200 Total for 21/22 Vehicle Replacement Budget 6,100,850 Budget Change 22/23 vs. 21/22 2,955,350 Budget Increase/Decrease 48.44% Stormwater Replacements (C1908) Public Works - 0101341 Public Utilities - 4211351 General Services General Services Garage Fund-Replace Cash (94233) Penny Funds (315-94238) General Fund Stormwater Public Utilities Gas Solid Waste Recycling Marina Beach Guard Operation Customer Service CONTRACT AMENDMENT NO. 3 UTILITY, TRANSPORTATION AND GOLF VEHICLES, PLUS RELATED ACCESSORIES, EQUIPMENT, PARTS, AND SERVICES THE CITY OF KANSAS CITY, MISSOURI CONTRACT NO. EV2671-01 THIS CONTRACT AMENDMENT is made between KANSAS CITY, MISSOURI, a constitutionally chartered municipal corporation (“City” or CITY”), and Club Car, LLC (“CONTRACTOR”). WHEREAS, the CITY and CONTRACTOR entered into Contract No. EV2671-01; and WHEREAS, the CITY and CONTRACTOR desire to amend the Contract to authorize CONTRACTOR to update the price of equipment and vehicles that CONTRACTOR provides pursuant to the Contract to members of Omnia Partners; NOW THEREFORE the CITY and CONTRACTOR agree to amend the Contract as follows: A. Attachment B entitled “Attachment B Pricing” (Original Attachment B) is deleted and new Attachment B “New 2022/2023 Pricing EV2671-01 Club Car Contract EV2671-01” that is attached to this Amendment No. 3 is substituted in lieu thereof. B. Sections and Subsections Not Amended. All other sections and subsections of the Contract not amended by this Contract Amendment shall remain in full force and effect. C. Effectiveness Date. This amendment will become effective when all the parties have signed it. The date this amendment is signed by the last party to sign it will be deemed the date of this amendment. DocuSign Envelope ID: C1E378DC-8E37-4254-A22C-84146580C109 Cory Burress 2/14/2022 CONTRACTOR I hereby certify that I have the authority to execute this document on behalf of CONTRACTOR. Contractor: By: Title: Date: APPROVED AS TO FORM Assistant City Attorney (Date) KANSAS CITY, MISSOURI By: Title: Date: DocuSign Envelope ID: C1E378DC-8E37-4254-A22C-84146580C109 Strategic Account Manager David Peterson 2/14/2022 David Peterson 2/14/2022Jim Brady Keely Golden Procurement Manager 2/14/2022 City of KC/OMNIA Partners RFP# 2671-01  Pricing updated on a yearly basis. Pricing based on a discount off Club Car’s US Suggested List Price (MSRP) for the base vehicles per the discount structure below. Any new vehicles that are added to the Club Car lineup will automatically be added to the program/contract and discounting will follow the established discount structure listed below based on the type/category the vehicle falls under: Product Discount off US Suggested List Price (MSRP) Fleet Golf Cars:  Tempo 2 Passenger & Tempo 2 Passenger Lithium Ion 35% Utility Vehicles (2wd Small Bed):  Carryall 100 15% Utility Vehicles (2wd Med & Large Bed):  Carryall 300, Carryall 500, Carryall 500 HP, Carryall 502, Carryall 550, Carryall 700, Carryall 700 HP & Carryall 900 20% Utility Vehicles (4x4/AWD):  Carryall 1500 2WD, Carryall 1500 AWD & Carryall 1700 AWD 15% Transportation Vehicles (Villager & Transporter):  Transporter, Transporter HP, Transporter XL & Transporter XLC,  Tempo 2 (P.O.V.), Tempo 2 Lithium (P.O.V.), Tempo 2 + 2 & Tempo 2 + 2 Lithium Ion  Villager 6, Villager 6 HP, Villager 8 & Villager 8 HP 20% Hospitality Vehicles:  Café Express 20% Low Speed Vehicles (LSVs):  Carryall 510 LSV, Carryall 710 LSV & Villager 2+2 LSV 13% Truckster VRLA LSV & Non LSV:  Club Car Current VRLA LSV & Club Car Current VRLA Non-LSV 10% Truckster Lithium LSV & Non LSV:  Club Car Current Lithium LSV & Club Car Current Lithium Non-LSV 6% Accessories/Options/Custom Solutions/SVP Parts for all vehicles except Truckster (Factory & Field) - Discounted separately from top level vehicle 15% Accessories/Options/Custom Solutions/SVP Parts for Truckster only (Factory & Field) - Discounted separately from top level vehicle 10% Service Parts 20% DocuSign Envelope ID: C1E378DC-8E37-4254-A22C-84146580C109 City of KC/OMNIA Partners RFP# 2671-01 Trade-ins of golf, transportation and utility vehicles are accepted for both Club Car products and competitive products. Leasing is available and encourage under the program: o Operating Leases and Conditional Sales Contracts are available through Club Cars 3rd party preferred lenders with terms up to 60 months. Leasing may also be provided by Club Car Dealer’s (selling agent) third party leasing provider. Preventive Maintenance Plans are available through Club Car Direct Branch Locations. Used and Refurbished or Reconditioned vehicles are not available under the program. Shipping Details and Rates, see attachments for details:     1. 2. 3. “2022 Club Car Freight Rates - OMNIA.pdf “ “3 Scope of Work.pdf”, Section “3. SHIPPING” Sub Section “a” Freight rate for Truckster vehicles - Club Car Current: $1500/car Prepping, PDI/Set-Up Fees, Club Car will implement the following prepping/PDI fees for the basic vehicle configurations. o For Truckster Vehicles - Club Car Current:  $600 prepping fee o For all remaining Commercial Utility Vehicles (2wd & 4x4), Transportation, Low Speed Vehicles:    $450 prepping fee for basic vehicles to include canopy top & windshield installation $800 prepping fee for vehicles with the standard basic cab assembly $400 prepping fee for vehicles with the standard van box to be added in addition to the standard fees listed above if combined with a cab or canopy top/windshield. o Vehicles that have a higher level of complexity for final assembly charges will be completely determined by the local Club Car Authorized Dealer (selling agent). o The Dealers (selling agents) are all independent businesses. Club Car cannot dictate to them what to charge beyond the base charge to install canopy tops, windshields, basic cabs and basic van boxes. Dealer Delivery Fee Schedule, Local Delivery Fees for all vehicles including Truckster: o The following Dealer delivery fees are to be included in every quote and are on a per vehicle basis:  Distance from Dealer to Final Destination Fee Schedule $100 $125 $150 $175 $ 2.50/mile round trip      0-25 round trip miles 26-50 round trip miles 51-75 round trip miles 76-100 round trip miles 101 < miles Purchase Orders o The contract allows participating public agencies to issue purchase orders to Club Car Authorized Dealers and Distributors (resellers), as well as Club Car directly if required. DocuSign Envelope ID: C1E378DC-8E37-4254-A22C-84146580C109 2023 Carryall 100 Electric & Gas Effective February 18, 2022 Part Number U.S. Suggested List Price City of KC/OMNIA Partners $ CARRYALL 100 Carryall 100 Electric: 250 amp IQ System, 2-wheel brakes 103961101 $7,763.00 $6,598.55 Carryall 100 Gasoline: **14 hp (429cc) Overhead Valve with Closed Loop EFIEngine, Pedal Start, 2-wheel brakes 105033301 $8,393.00 $7,134.05 STANDARD EQUIPMENT: Dark Gray Body Color Standard No Charge No Charge Gray Bench Seat 102816001 No Charge No Charge Cargo Box 103511401 No Charge No Charge Extra Traction Turf Tires - 20x8-8 102819202/302 No Charge No Charge Headlights 101828001/47584082001 No Charge No Charge Reverse Warning Buzzer Standard No Charge No Charge Electric Vehicle: 8-volt Batteries 103858001 No Charge No Charge Charger with Std Cord Length: 9' DC/ 6' AC 103717001 No Charge No Charge Gas Vehicle: Low Oil Light Standard No Charge No Charge Hour Meter Standard No Charge No Charge REQUIRED OPTIONS Body Color: Dark Gray Cowl, Electric 103937007 No Charge No Charge Dark Gray Cowl, Gas 105024407 No Charge No Charge Red Cowl, Electric 103937001 No Charge No Charge Red Cowl, Gas 105024401 No Charge No Charge Dark Green Cowl, Electric 103937002 No Charge No Charge Dark Green Cowl, Gas 105024402 No Charge No Charge Black Cowl, Electric 103937005 No Charge No Charge Black Cowl, Gas 105024405 No Charge No Charge White Cowl, Electric 103937006 No Charge No Charge White Cowl, Gas 105024406 No Charge No Charge Beige Cowl, Electric 103937008 No Charge No Charge Beige Cowl, Gas 105024408 No Charge No Charge Classic Blue Cowl, Electric 103937003 $249.00 $211.65 Classic Blue Cowl, Gas 105024403 $249.00 $211.65 Custom Color Cowl, Electric 103937004 Quote Quote Custom Color Cowl, Gas 105024404 Quote Quote Rear Car Options: Cargo Box Option 103511401 No Charge No Charge Fold Down Rear Seat (requires seat bottom below)103511402 $694.00 $589.90 Gray Fold Down Seat Bottom 47593249003 $201.00 $170.85 Lighting Packages: Standard Lighting Package, Electric 47584082002 $353.00 $300.05 Standard Lighting Package, Gas 103936901 $315.00 $267.75 *Standard Lighting Package with Fold Down Seat, Electric (Includes Tail Light 47584606001)47584082002 / 47584606001 $421.00 $357.85 *Standard Lighting Package with Fold Down Seat, Gas 47627616001 $315.00 $267.75 Deluxe Lighting Package, Electric 47584082003 $422.00 $358.70 Deluxe Lighting Package, Gas 103936902 $411.00 $349.35 *Deluxe Lighting Package with Fold Down Seat, Electric (Includes Tail Light 47584606001)47584082003 / 47584606001 $490.00 $416.50 *Deluxe Lighting Package with Fold Down Seat, Gas 47627617001 $411.00 $349.35 Required Options for Electric Vehicles: Batteries: 8-Volt 103858001 No Charge No Charge Heavy Duty 8-Volt Standard Bateries with Single Point Watering System 103858002 $247.00 $209.95 Single Point Watering System Accessories: Hand Pump for Single Point System (order one for non-fleet/individual)104006101 $80.00 $68.00 Deionizer water purification system (required one per fleet, comes with 1 filter cartridge and regulated hose)105166801 $508.00 $431.80 Description Carryall 100 Pricing Guide Page 1 of 68 DocuSign Envelope ID: C1E378DC-8E37-4254-A22C-84146580C109 Part Number U.S. Suggested List Price City of KC/OMNIA Partners $ CARRYALL 100 Description Chargers: Shelf Charger with 9Ft Cord (Charger to Car)105192401 No Charge No Charge Shelf Charger with 12 Ft DC Cord (Charger to Car)105192402 $22.00 $18.70 Shelf Charger with 20 Ft DC Cord (Charger to Car)105192403 $51.00 $43.35 Charger Cords: AC Charger Cord 6 ft Standard (Charger to Wall)105174601 No Charge No Charge AC Charger Cord 9 ft Standard (Charger to Wall)105174602 $9.00 $7.65 AC Charger Cord 6 ft EU (Charger to Wall)105174603 No Charge No Charge AC Charger Cord 9 ft EU (Charger to Wall)105174604 $9.00 $7.65 AC Charger Cord 9 ft GB (Charger to Wall)105174606 No Charge No Charge AC Charger Cord 6 ft Non-Terminated (Charger to Wall)105174607 No Charge No Charge AC Charger Cord 9 ft Non-Terminated (Charger to Wall)105174608 $9.00 $7.65 DC/DC Converter Voltage Limiter 47584080002 No Charge No Charge DC/DC Power Converter 47584080001 $217.00 $184.45 Required Options for Gas Vehicles: Standard Transaxle 105084001 No Charge No Charge Limited Slip Differential Upgrade 105084002 $423.00 $359.55 ACCESSORIES Add the accessory pricing below to the price of the standard vehicle, FOB Augusta, GA. All prices are applicable only to accessories purchased and shipped with new vehicle orders. Prices do not include installation at the factory. Part numbers preceeded with SVP are subject to change without notice. Please refer to Custom Solutions price list for the most up to date pricing. Other Accessories: Trailer Hitch and Ball (For use with Cargo Box only)1011522 $68.00 $57.80 12 Spoke Wheel Cover Installation 102536502 $68.00 $57.80 Receiver Hitch (For use with folddown seat only)47583276001 $89.00 $75.65 5 Panel Rear View Wink Mirror 105288901 $92.00 $78.20 Hinged Windshield 105077801 $140.00 $119.00 Nerf Bars Kit 102829801 $212.00 $180.20 Brushguard Kit 102852401 $226.00 $192.10 Black Glove Compartment Kit 1015492 $220.00 $187.00 Canopy Top Kit, Black 102824001 $362.00 $307.70 Enclosure Kit (For use with Cargo Box only)102852801 $405.00 $344.25 *Standard Length Canopy with fold down seat (Includes Canopy Rear Support 103410901)$454.00 $385.90 *Black Extended Length (for use with fold down seat) Hardware kit 103795504 required 47595294001 $602.00 $511.70 Electric Vehicle: Differential Guard 101611402 $41.00 $34.85 12V Powerport Dash,Elec SVP472301 $200.00 $170.00 Gas Vehicle: Differential Guard Kit 103992402 $41.00 $34.85 Spark Arrestor 101629004 $66.00 $56.10 12V Powerport Dash Gas SVP472501 $250.00 $212.50 * These items will be priced individually in CustomerView and the sum of the items will equal the price shown above. The company reserves the right to make design changes in its products without obligation to make these changes on units previously sold. Pricing is FOB Augusta, GA, does not include crating charges and is subject to change without notice. All orders are subject to acceptance by Club Car LLC Post Office Box 204658 Augusta, Georgia 30917-4658 Telephone: (706) 863-3000 Fax: (706) 860-7231 Carryall 100 Pricing Guide Page 2 of 68 DocuSign Envelope ID: C1E378DC-8E37-4254-A22C-84146580C109 2023 Carryall 300 Electric & Gas Effective February 18, 2022 Part Number U.S. Suggested List Price City of KC/OMNIA Partners $ CARRYALL 300 Carryall 300 Electric: w/ IQ System, 2-wheel brakes 104030001 $9,100.00 $7,280.00 Carryall 300 Gasoline: **14 hp (429cc) Overhead Valve with Closed Loop EFI Engine, Pedal Start, 2-wheel brakes 104030101 $9,730.00 $7,784.00 STANDARD EQUIPMENT: White Cowl Standard No Charge No Charge Gray Seat Standard No Charge No Charge Premium Tire 6-ply rated - 20x10-10 Standard No Charge No Charge 12V Powerpoint Standard No Charge No Charge Standard Front Suspension Standard No Charge No Charge Standard two wheel brakes Standard No Charge No Charge Halogen Headlights Standard No Charge No Charge Electric Vehicle: ERIC High Frequency Charger, 9' DC Cord Standard No Charge No Charge 8V Batteries Standard No Charge No Charge Hour Meter Standard No Charge No Charge DC-DC Converter, 25A Standard No Charge No Charge Gas Vehicle: Fuel Gauge/Hour Meter Standard No Charge No Charge **rating at 3600 rpm per SAE J1940 Packages: Turf Package Electric:TURF PKG 300E $1,279.00 $1,087.15 Turf Package Gas:TURF PKG $1,279.00 $1,087.15 Dark Green Cowl Included Included Included Extra Traction 6-ply rated - 20x10-10 (Rear)Included Included Included Cargo Box Included Included Included Heavy Duty Front Brushguard Included Included Included Heavy Duty Trailer Hitch Included Included Included Differential Guard Included Included Included Superintendent Electric:SUPT_PKG_300E $2,249.00 $1,911.65 Superintendent Gas:SUPT_PKG_300G $2,008.00 $1,706.80 Dark Green Cowl Included Included Included Extra Traction 6-ply rated - 20x10-10 (Rear)Included Included Included Heavy Duty Trailer Hitch Included Included Included Differential Guard Included Included Included Choice of Canopy Color, Front Seats Only Included Included Included Heavy Duty Front Brushguard Included Included Included 5-Spoke Silver Wheel Cover (set of 4)Included Included Included Cargo Box Included Included Included Locking Glovebox Door Included Included Included Tailgate Tether Installation Included Included Included 8V Batteries w/ Single Point Watering System (Electric Only)Included Included Included Campus Electric:CAMPUS_PKG_300E $2,751.00 $2,338.35 Campus Gas:CAMPUS_PKG_300G $2,509.00 $2,132.65 Dark Gray Cowl Included Included Included Heavy Duty Front Brushguard Included Included Included Heavy Duty 2" Rear Receiver Included Included Included Choice of Canopy Color, Front Seats Only Included Included Included Hinged Windshield Included Included Included Cargo Box Included Included Included Differential Guard Included Included Included Locking Glovebox Door Included Included Included Tail Lights, Brake Lights, Turn Signals and Horn Included Included Included Tailgate Tether Installation Included Included Included 8V Batteries w/ Single Point Watering System (Electric Only)Included Included Included REQUIRED OPTIONS Front Body: White Cowl 105120003 No Charge No Charge Dark Green Cowl 105120001 No Charge No Charge Dark Gray Cowl 105120002 No Charge No Charge Bright Blue Cowl 105120004 No Charge No Charge Beige Cowl 105120006 $91.00 $77.35 Red Cowl 105120007 $91.00 $77.35 Black Cowl 105120008 $91.00 $77.35 Classic Blue Cowl 105120009 $91.00 $77.35 Titanium Silver Cowl 105120005 $133.00 $113.05 Custom Color Cowl 105120010 Quote Quote Seats: Gray Seat 105064203 No Charge No Charge White Seat 105064201 $59.00 $50.15 Black Seat 105064202 $59.00 $50.15 Beige Seat 105064209 $117.00 $99.45 Custom Color Seat 105064204 Quote Quote Description Carryall 300 Pricing Guide Page 3 of 68 DocuSign Envelope ID: C1E378DC-8E37-4254-A22C-84146580C109 Part Number U.S. Suggested List Price City of KC/OMNIA Partners $ CARRYALL 300 Description Rear Car Option: (Choose One) Cargo Box includes Tailgate Tether 105122101 $844.00 $717.40 Flat Bed 105122201 $214.00 $181.90 Stake Side Bed 105109401 $730.00 $620.50 Headlights: Halogen Headlights 105122701 No Charge No Charge LED Headlight Upgrade 105122702 $230.00 $195.50 Required Options for Electric Vehicles: Batteries and Single Point Watering System Accessories: 8V Batteries 105084901 No Charge No Charge 8V Batteries w/ Single Point Watering System 105084902 $246.00 $209.10 Chargers: ERIC High Frequency Charger, 9' DC Cord 105192401 No Charge No Charge ERIC High Frequency Charger, 12' DC Cord 105192402 $22.00 $18.70 ERIC High Frequency Charger, 20' DC Cord 105192403 $51.00 $43.35 On Board Charger 47653336001 $876.00 $744.60 Charger Cords AC Charger Cord 6 ft Standard (Charger to Wall)105174601 No Charge No Charge AC Charger Cord 9 ft Standard (Charger to Wall)105174602 $9.00 $7.65 AC Charger Cord 6 ft EU (Charger to Wall)105174603 No Charge No Charge AC Charger Cord 9 ft EU (Charger to Wall)105174604 $9.00 $7.65 AC Charger Cord 9 ft GB (Charger to Wall)105174606 No Charge No Charge AC Charger Cord 6 ft Non-Terminated (Charger to Wall)105174607 No Charge No Charge AC Charger Cord 9 ft Non-Terminated (Charger to Wall)105174608 $9.00 $7.65 Instrument Panel: Instrument Panel - Electric 105120203 No Charge No Charge Battery Capacity Indicator 105120204 $132.00 $112.20 Required Options for Gas Vehicles: Starting: Pedal Start No Charge No Charge Key Start No Charge No Charge Transaxle: Standard Transaxle 103976601 No Charge No Charge Transaxle w/ Limited Slip Differential 103976602 $416.00 $353.60 ACCESSORIES Add the optional equipment pricing below to the price of the standard vehicle, FOB Augusta, GA. All prices are applicable only to optional equipment purchased and shipped with new vehicle orders and include installation at the factory. Part numbers preceded with SVP are subject to change without notice. Please refer to the Custom Solutions price list for the most up to date pricing. Tires: Small Turf Premium 6-ply rated - 18x8.5-8 (Front)105078714 No Charge No Charge Small Turf Premium 6-ply rated - 18x8.5-8(Rear)105078734 No Charge No Charge Small Turf Extra Traction 6-ply rated - 18x8.5-8 (Front)105078715 No Charge No Charge Small Turf Extra Traction 6-ply rated - 18x8.5-8 (Rear)105078735 No Charge No Charge Extra Traction 6-ply rated - 20x10-10 (Front)105078702 No Charge No Charge Extra Traction 6-ply rated - 20x10-10 (Rear)105078722 No Charge No Charge Front Suspension: Standard Front Suspension 105116101 No Charge No Charge Heavy Duty Front Suspension 105116001 $65.00 $55.25 Key Switches: Standard Keyswitch- 1B No Charge No Charge Cab Vehicle Keyswitch- 1A No Charge No Charge Alternate Keyswitch- 1C No Charge No Charge Wheel Covers: 5-Spoke Silver Wheel Cover (set of 4)105106401 $75.00 $63.75 Trailer Hitch and Trailer Hitch Balls: Heavy Duty Trailer Hitch 101972901 $109.00 $92.65 Heavy Duty 2" Rear Receiver 102065101 $119.00 $101.15 Trailer Hitch Ball - 1 7/8"1011546 $10.00 $8.50 Trailer Hitch Ball - 50mm 104033601 $31.00 $26.35 Front & Rear Guards: Heavy Duty Front Brushguard 47605991001 $384.00 $326.40 Headlight Guard for Heavy Duty Brushguard 105156301 $70.00 $59.50 Front Fender Guards 105124001 $114.00 $96.90 Rear Fender Guard Kit 47654580002 $531.00 $451.35 Lighting Options: Electric Vehicle: Tail Lights, Brake Lights and Horn 105122801 $246.00 $209.10 Tail Lights, Brake Lights, Turn Signals and Horn 105122803 $396.00 $336.60 Gas Vehicle: Tail Lights, Brake Lights and Horn 105122805 $246.00 $209.10 Tail Lights, Brake Lights, Turn Signals and Horn 105122806 $396.00 $336.60 Canopy: White Canopy, Front Seats Only (requires Strut kit 47610630001 at no additional charge)105072001 $502.00 $426.70 Beige Canopy, Front Seats Only (requires Strut kit 47610630001 at no additional charge)105072002 $502.00 $426.70 Black Canopy, Front Seats Only (requires Strut kit 47610630001 at no additional charge)105072003 $502.00 $426.70 Ambulance Canopy Kit 50x88, Black (Used only with Ambulance Package at extra charge)SVP1136402 $1,300.00 $1,105.00 Ambulance Canopy Kit 50x88, White (Used only with Ambulance Package at extra charge)SVP1136403 $2,300.00 $1,955.00 Windshields: Solid Windshield 105109201 $160.00 $136.00 Hinged Windshield 105109101 $182.00 $154.70 Carryall 300 Pricing Guide Page 4 of 68 DocuSign Envelope ID: C1E378DC-8E37-4254-A22C-84146580C109 Part Number U.S. Suggested List Price City of KC/OMNIA Partners $ CARRYALL 300 Description Enclosure: White Enclosure, Front Seats Only 105124301 $587.00 $498.95 Black Enclosure, Front Seats Only 105124501 $587.00 $498.95 Beige Enclosure, Front Seats Only 105124302 $587.00 $498.95 Reflectors: Standard Reflector Package 105144701 $39.00 $33.15 Rear Mounted Safety Triangle SVP533701 $140.00 $119.00 Mirror Kits: 5 Panel Rear View Mirror 105288801 $92.00 $78.20 Non-Cab Side Mirror set 47710012001 $222.00 $188.70 Strobe Lights: Canopy Mounted Strobe Light 47669342001 $293.00 $249.05 Post Mounted Strobe Light, Electric 105155501 $520.00 $442.00 Post Mounted Strobe Light, Gas 105155601 $520.00 $442.00 Canopy Mounted ECCO Strobe Kit 47665581001 $303.00 $257.55 Number Decals: Standard Decal $10.00 $8.50 Custom Decal $24.00 $20.40 Custom Logos: Custom, Installed, each BY INSTL LOCATION $28.00 $23.80 Single Point Watering System and Accessories (Electric Vehicles Only): Hand Pump for Single Point System (order one for non-fleet/individual)104006101 $80.00 $68.00 Deionizer water purification system (required one per fleet, comes with 1 filter cartridge and regulated hose)105166801 $508.00 $431.80 Other Accessories: Pedal Opening Weather Guard 105149102 $33.00 $28.05 USB port adjacent to 12V Powerpint 47675266001 $117.00 $99.45 Locking Glovebox Door 105139702 $119.00 $101.15 Aluminum Locking Toolbox, Cargo Box 101837502 $384.00 $326.40 Aluminum Toolbox, Flatbed 101837401 $404.00 $343.40 Electric Vehicle: Differential Guard 105118701 $44.00 $37.40 4-Digit Security Pad for Electric Vehicles SVP705001 $540.00 $459.00 Gas Vehicle: Differential Guard, Gas 103992401 $44.00 $37.40 Spark Arrestor 101629004 $66.00 $56.10 Magnetic Drain Plug for Open Differential SVP720601 $80.00 $68.00 Magnetic Drain Plug for Oil Pan 47653326001 $139.00 $118.15 4-Digit Security Pad for Gas Vehicles SVP705002 $540.00 $459.00 VersAttach Accessories: VersAttach Rail Mount (Pair, Included in kits below)105160401 $42.00 $35.70 VersAttach Tie Down (Pair)105160901 $51.00 $43.35 VersAttach Bucket Holder (Single)105160501 $65.00 $55.25 VersAttach Flex Grip Single Tool Holder (Pair for Light tools)105161101 $86.00 $73.10 VersAttach Multi-tool Holder (Pair, Holds 3 Long Handle Tools)105160801 $86.00 $73.10 VersAttach Ratcheting Grip Tool Holder (Pair, for Trimmers)105161001 $96.00 $81.60 VersAttach Bed Divider (Single)105161201 $145.00 $123.25 VersAttach Leaf Blower Holder (Single)105161401 $182.00 $154.70 VersAttach Poly Tool Box 105161601 $363.00 $308.55 VersAttach Ladder Rack (Pair)105161501 $374.00 $317.90 Cab Packages and Accessories Add the accessory pricing below to the price of the standard vehicle, FOB Augusta, GA. All prices are applicable only to accessories purchased and shipped with new vehicle orders. Prices do not include installation at the factory. Part numbers preceeded with SVP are subject to change without notice. Please refer to Custom Solutions price list for the most up to date pricing. Curtis Cab Packages ROPS certified (Requires Extra Heavy Duty Front Suspension 105116001): Gas Vehicle: *Basic Cab (47587415003, 105234101) (Includes frame, canopy, pop open windshield, windshield wiper, 2-pt seat belts, jumper harness)$3,244.00 $2,757.40 *Basic Cab with AS1 Windshield (47743642001, 105234101) (Includes frame, canopy, pop open AS1 certified windshield, windshield wiper, 2-pt seat belts, jumper harness)$4,392.00 $3,733.20 *Range Cab (47587415002, 105124101)(Includes frame, canopy, polycarbonate windshield, range doors, rear panel, 2-pt seat belts, Range Picker Adapter Kit) $5,691.00 $4,837.35 *Complete Cab (47587415001, 105234101)(Includes frame, canopy, windshield, windshield wiper, doors, flip-up rear window, 2-pt seatbelts & rear overhead cargo net and 105234101 Gas Power Harness)$5,561.00 $4,726.85 Electric Vehicle:Basic Cab (47587415003,105234001)(Includes frame, canopy, pop open windshield, windshield wiper, 2-pt seat belts, jumper harness)$3,234.00 $2,748.90 *Basic Cab with AS1 Windshield (47743642001, 105234001)(Includes frame, canopy, pop open AS1 certified windshield, windshield wiper, 2-pt seat belts, jumper harness)$4,382.00 $3,724.70 *Range Cab (47587415002,105124101) (Includes frame, canopy, polycarbonate windshield, range doors, rear panel, 2-pt seat belts and Range Picker Adapter Kit)$5,691.00 $4,837.35 *Complete Cab (47587415001, 105234001) (Includes frame, canopy, windshield, windshield wiper, doors, flip-up rear window, 2-pt seatbelts & rear overhead cargo net. Requires 105116001 - 2 Leaf Suspension, 105234001 Electric Power Harness) $5,554.00 $4,720.90 Carryall 300 Pricing Guide Page 5 of 68 DocuSign Envelope ID: C1E378DC-8E37-4254-A22C-84146580C109 Part Number U.S. Suggested List Price City of KC/OMNIA Partners $ CARRYALL 300 Description Curtis Cab Accessories: (Requires Curtis Cab) (Accessories with '+' require Overhead Console on Gas and Electric Vehicles and is not included in the price below) 5 Panel Rear View Mirror for Cabs 105289301 $92.00 $78.20 Interior Rear View Mirror 47587416001 $99.00 $84.15 + Premium dome light that swivels for improved functionality 47587421001 $116.00 $98.60 + Roof mounted amber strobe light 47587418001 $208.00 $176.80 Driver & Passenger external side view mirrors 47587417001 $227.00 $192.95 + Cab Windshield Washer Kit 47693131001 $256.00 $217.60 Rear Window only for Curtis Basic Cab or Basic Cab with AS1 windshield 47743640001 $340.00 $289.00 + Roof mounted, forward facing LED work lights (set of 2)47587419001 $346.00 $294.10 + Roof Mounted Rear Facing LED Work Lights (Set of 2)47587419002 $370.00 $314.50 Overhead controls console including switches and electrical harness 47587420001 $599.00 $509.15 Range Picker Adapter Kit (Picker mount, brushguard, headlight guard) 105124101 $596.00 $506.60 Heater/Defogger (Electric Car only)SVP1052701 $1,200.00 $1,020.00 AS1 Windshield Kit 47690989001 $1,253.00 $1,065.05 Doors and Rear Window (Only selectable with Basic Cab)47690985001 $2,615.00 $2,222.75 Doors only kit for Curtis Basic Cab or Basic Cab with AS1 windshield 47743641001 $2,638.00 $2,242.30 Electric Vehicle: Car to Cab Jumper Harness (Electric Cars)105234001 $55.00 $46.75 Gas Vehicle: Car to Cab Jumper Harness (Gas Cars)105234101 $65.00 $55.25 * These items will be priced individually in CustomerView and the sum of the items will equal the price shown above. The company reserves the right to make design changes in its products without obligation to make these changes on units previously sold. Pricing is FOB Augusta, GA, does not include crating charges and is subject to change without notice. All orders are subject to acceptance by Club Car LLC Post Office Box 204658 Augusta, Georgia 30917-4658 Telephone: (706) 863-3000 Fax: (706) 860-7231 Carryall 300 Pricing Guide Page 6 of 68 DocuSign Envelope ID: C1E378DC-8E37-4254-A22C-84146580C109 2023 Carryall 500 Electric & Gas Effective February 18, 2022 Part Number U.S. Suggested List Price City of KC/OMNIA Partners $ CARRYALL 500 Carryall 500 Electric: 500 amp IQPlus Drive System, 4-wheel brakes. 104030201 $10,898.00 $8,718.40 Carryall 500 Gasoline: **14 hp (429cc) Overhead Valve with Closed Loop EFI Engine, Pedal Start, 4-wheel brakes 104030501 $11,161.00 $8,928.80 Carryall 500 HP Electric AC 47696054001 $12,498.00 $9,998.40 STANDARD EQUIPMENT: White Cowl Standard No Charge No Charge Gray Seat Standard No Charge No Charge Premium Tire 6-ply rated - 20x10-10 Standard No Charge No Charge Four Wheel Brakes Standard No Charge No Charge 12V Powerpoint Standard No Charge No Charge Halogen Headlights Standard No Charge No Charge Heavy Duty Front Suspension Standard No Charge No Charge Standard Keyswitch Standard No Charge No Charge Electric Vehicle: IQPlus Drive System w/ 500 amp Motor Controller Standard No Charge No Charge On-Board Hi-Freq Charger with 15 foot (4.6m) Cord Reel Standard No Charge No Charge Hour Meter Standard No Charge No Charge DC-DC Converter, 25A Standard No Charge No Charge Gas Vehicle: Fuel Gauge/Hour Meter Standard No Charge No Charge **rating at 3600 rpm per SAE J1940 Packages: Commercial Package Electric:COM PKG 500E $1,157.00 $983.45 Commercial Package Gas:COM PKG 500G $1,157.00 $983.45 Commercial Package HP:COM_PKG_500HP $1,157.00 $983.45 Dark Gray Cowl Included Included Included Cargo Box with Tailgate Tether Installation Tailgate Tether Included Included Included Tailgate Tether Installation Included Included Included Heavy Duty Trailer Hitch Included Included Included Tail Lights, Brake Lights and Horn Included Included Included Turf Package Electric:TURF PKG 500E $1,279.00 $1,087.15 Turf Package Gas:TURF PKG 500G $1,279.00 $1,087.15 Turf Package:TURF_PKG_500HP $1,279.00 $1,087.15 Dark Green Cowl Included Included Included Extra Traction 6-ply rated (Rear) - 20x10-10 Included Included Included Cargo Box with Tailgate Tether Installation Tailgate Tether Included Included Included Heavy Duty Front Brushguard Included Included Included Heavy Duty Trailer Hitch Included Included Included Differential Guard Included Included Included Superintendent Electric:SUPT_PKG_500E $2,774.00 $2,357.90 Superintendent Gas:SUPT_PKG_500G $1,931.00 $1,641.35 Superintendent HP:SUPT_PKG_500HP $2,774.00 $2,357.90 Dark Green Cowl Included Included Included Heavy Duty Front Brushguard Included Included Included Heavy Duty Trailer Hitch Included Included Included Extra Traction 6-ply rated (Rear) - 20x10-10 Included Included Included Cargo Box with Tailgate Tether Installation Tailgate Tether Included Included Included Tailgate Tether Installation Included Included Included Choice of Canopy Color, Front Seats Only Included Included Included Differential Guard Included Included Included 5-Spoke Silver Wheel Cover (set of 4)Included Included Included Locking Glovebox Door Included Included Included Extended Range Battery Upgrade (Electric Only)Included Included Included Single Point Battery Watering System (Electric Only)Included Included Included Campus Electric:CAMPUS_PKG_500E $3,276.00 $2,784.60 Campus Gas:CAMPUS_PKG_500G $2,066.00 $1,756.10 Campus HP:CAMP_PKG_500HP $3,276.00 $2,784.60 Dark Gray Cowl Included Included Included Heavy Duty Front Brushguard Included Included Included Cargo Box with Tailgate Tether Installation Tailgate Tether Included Included Included Heavy Duty 2" Rear Receiver Included Included Included Choice of Canopy Color, Front Seats Only Included Included Included Differential Guard Included Included Included Hinged Windshield Included Included Included Locking Glovebox Door Included Included Included Tail Lights, Brake Lights, Turn Signals and Horn Included Included Included Tailgate Tether Installation Included Included Included Extended Range Battery Upgrade (Electric Only)Included Included Included Single Point Battery Watering System (Electric Only)Included Included Included Description Carryall 500 Pricing Guide Page 7 of 68 DocuSign Envelope ID: C1E378DC-8E37-4254-A22C-84146580C109 Part Number U.S. Suggested List Price City of KC/OMNIA Partners $ CARRYALL 500 Description REQUIRED OPTIONS Body Color: White Cowl 105120003 No Charge No Charge Dark Green Cowl 105120001 No Charge No Charge Dark Gray Cowl 105120002 No Charge No Charge Bright Blue Cowl 105120004 No Charge No Charge Beige Cowl 105120006 $91.00 $77.35 Red Cowl 105120007 $91.00 $77.35 Black Cowl 105120008 $91.00 $77.35 Classic Blue Cowl 105120009 $91.00 $77.35 Titanium Silver Cowl 105120005 $133.00 $113.05 Custom Color Cowl 105120010 Quote Quote Seats: Gray Seat 105064203 No Charge No Charge White Seat 105064201 $59.00 $50.15 Black Seat 105064202 $59.00 $50.15 Beige Seat 105064209 $117.00 $99.45 Custom Color Seat 105064204 Quote Quote Rear Car Option: Cargo Box includes Tailgate Tether 105122102 $865.00 $735.25 Flat Bed 105122202 $224.00 $190.40 Stake Side Bed 105109501 $785.00 $667.25 Van Boxes: Gray Van Box, Pre-Assembled 47620757001 $3,222.00 $2,738.70 White Van Box, Pre-Assembled 47620757002 $3,222.00 $2,738.70 ** Van Box requires the following at an additional charge: LED Interior Light Kit SVP1154201 $400.00 $340.00 ** Van Box requires the choice of either a cab w/mirrors or a canopy w/mirrors at an additional charge: Van Box Canopy (select one): White Canopy for Van Box 47653331011 $805.00 $684.25 Black Canopy for Van Box 47653331012 $805.00 $684.25 ** Van Box requires the choice of either a cab w/mirrors or a canopy w/mirrors at an additional charge: Mirror Kits: 5 Panel Rear View Mirror 105288801 $92.00 $78.20 Non-Cab Side Mirror set 47710012001 $222.00 $188.70 Van Box Accessories: Heavy Gauge Aluminum Shelf SVP1154601 $500.00 $425.00 Top Mount Double Ladder Rack Kit SVP1155001 $600.00 $510.00 ** Van Boxes with lighting options require one the following at an additional charge: High Mount Brake Light and Reverse Lights, Electric SVP12274001 $540.00 $459.00 High Mount Brake Light and Reverse Lights, Gas SVP12275001 $540.00 $459.00 Van Box with Cab (select Curtis Cab): Curtis Cab w/ Van Box Gas Vehicle: *Complete Cab (47587415001, 105234101) (Includes frame, canopy, windshield, windshield wiper, doors, flip-up rear window, 2-pt seatbelts & rear overhead cargo net. Requires 105115901 - 2 Leaf Suspension, 105234101 Gas Power Harness, Muffler Extension) $5,564.00 $4,729.40 Basic Cab (47587415003, 105234101) (Includes frame, canopy, pop open windshield, 2-pt seat belts, and jumper harness)$3,244.00 $2,757.40 *Basic Cab with AS1 Windshield (47743642001, 105234101)(Includes frame, canopy, pop open AS1 certified windshield, windshield wiper, 2-pt seat belts, jumper harness)$4,392.00 $3,733.20 Electric Vehicle: *Complete Cab (47587415001, 105234001) (Includes frame, canopy, windshield, windshield wiper, doors, flip-up rear window, 2-pt seatbelts & rear overhead cargo net. Requires 105115901 - 2 Leaf Suspension, 105234001 Electric Power Harness) $5,554.00 $4,720.90 *Basic Cab (47587415003, 105234001) (Includes frame, canopy, pop open windshield, 2-pt seat belts, jumper harness)$3,234.00 $2,748.90 *Basic Cab with AS1 Windshield (47743642001, 105234001) (Includes frame, canopy, pop open AS1 certified windshield, windshield wiper, 2-pt seat belts, jumper harness)$4,382.00 $3,724.70 ** Van Box with cab selection requires both LH & RH mirrors at an additional charge: Driver & Passenger external side view mirrors 47587417001 $227.00 $192.95 Headlights: Halogen Headlights 105122701 No Charge No Charge LED Headlight Upgrade 105122702 $230.00 $195.50 Required Options for Electric Vehicles: Instrument Panel: Instrument Panel - Electric 105120203 No Charge No Charge Battery Capacity Indicator 105120204 $132.00 $112.20 Instrument Panel - Electric AC HP (HP Vehicles)105120210 No Charge No Charge Instrument Panel - Electric w/ Battery Level (HP Vehicles)105120211 $132.00 $112.20 Instrument Panel - Koso LCD display (HP Vehicles)105120205 $372.00 $316.20 Batteries: Standard Duty 6V Batteries 105140001 No Charge No Charge Extended Range Battery Upgrade 105140002 $694.00 $589.90 Standard Duty 6V Batteries (HP Vehicles)47703228001 No Charge No Charge Extended Range Battery Upgrade (HP Vehicles)47703228002 $694.00 $589.90 Carryall 500 Pricing Guide Page 8 of 68 DocuSign Envelope ID: C1E378DC-8E37-4254-A22C-84146580C109 Part Number U.S. Suggested List Price City of KC/OMNIA Partners $ CARRYALL 500 Description Required Options for Gas Vehicles: Starting: Pedal Start No Charge No Charge Key Start No Charge No Charge Transaxle: Standard Transaxle 103976601 No Charge No Charge Transaxle w/ Limited Slip Differential 103976602 $416.00 $353.60 ACCESSORIES Add the optional equipment pricing below to the price of the standard vehicle, FOB Augusta, GA. All prices are applicable only to optional equipment purchased and shipped with new vehicle orders and include installation at the factory. Part numbers preceded with SVP are subject to change without notice. Please refer to the Custom Solutions price list for the most up to date pricing. Tires: Small Turf Premium 6-ply rated - 18x8.5-8 (Front)105078714 No Charge No Charge Small Turf Premium 6-ply rated - 18x8.5-8(Rear)105078734 No Charge No Charge Small Turf Extra Traction 6-ply rated - 18x8.5-8 (Front)105078715 No Charge No Charge Small Turf Extra Traction 6-ply rated - 18x8.5-8 (Rear)105078735 No Charge No Charge Extra Traction 6-ply rated - 20x10-10 (Front)105078702 No Charge No Charge Extra Traction 6-ply rated - 20x10-10 (Rear)105078722 No Charge No Charge Front Suspension: Heavy Duty Front Suspension 105115801 No Charge No Charge Extra Heavy Duty Front Suspension 105115901 $33.00 $28.05 Key Switches: Standard Keyswitch- 1B No Charge No Charge Cab Vehicle Keyswitch- 1A No Charge No Charge Alternate Keyswitch- 1C No Charge No Charge Wheel Covers: 5-Spoke Silver Wheel Cover (set of 4)105106401 $75.00 $63.75 Trailer Hitch and Trailer Hitch Balls: Heavy Duty Trailer Hitch 101972901 $109.00 $92.65 Heavy Duty 2" Rear Receiver 102065101 $119.00 $101.15 Trailer Hitch Ball - 1 7/8"1011546 $10.00 $8.50 Trailer Hitch Ball - 50mm 104033601 $31.00 $26.35 Front & Rear Guards: Heavy Duty Front Brushguard 47605991001 $384.00 $326.40 Headlight Guard for Heavy Duty Brushguard 105156301 $70.00 $59.50 Front Fender Guards 105124001 $114.00 $96.90 Rear Fender Guard Kit 47653325002 $337.00 $286.45 Lighting Options: Electric Vehicle: Tail Lights, Brake Lights and Horn 105122801 $246.00 $209.10 Tail Lights, Brake Lights, Turn Signals and Horn 105122803 $396.00 $336.60 Gas Vehicle: Tail Lights, Brake Lights and Horn 105122805 $246.00 $209.10 Tail Lights, Brake Lights, Turn Signals and Horn 105122806 $396.00 $336.60 Canopy: White Canopy, Front Seats Only (requires Strut kit 47610630001 at no additional charge)105072001 $502.00 $426.70 Beige Canopy, Front Seats Only (requires Strut kit 47610630001 at no additional charge)105072002 $502.00 $426.70 Black Canopy, Front Seats Only (requires Strut kit 47610630001 at no additional charge)105072003 $502.00 $426.70 Windshields: Solid Windshield 105109201 $160.00 $136.00 Hinged Windshield 105109101 $182.00 $154.70 Enclosures: White Enclosure, Front Seats Only 105124301 $587.00 $498.95 Beige Enclosure, Front Seats Only 105124302 $587.00 $498.95 Black Enclosure, Front Seats Only 105124501 $587.00 $498.95 Reflectors: Standard Reflector Package 105144701 $39.00 $33.15 Rear Mounted Safety Triangle SVP533701 $140.00 $119.00 Strobe Lights: Canopy Mounted Strobe Light 47669342001 $293.00 $249.05 Post Mounted Strobe Light, Electric 105155501 $520.00 $442.00 Post Mounted Strobe Light, Gas 105155601 $520.00 $442.00 Canopy Mounted ECCO Strobe Kit 47665581001 $303.00 $257.55 Number Decals: Standard Decal $10.00 $8.50 Custom Decal $24.00 $20.40 Custom Logos: Custom, Installed, each BY INSTL LOCATION $28.00 $23.80 Other Accessories: Pedal Opening Weather Guard 105149102 $33.00 $28.05 USB port adjacent to 12V Powerpint 47675266001 $117.00 $99.45 Locking Glovebox Door 105139702 $119.00 $101.15 Aluminum Locking Toolbox, Cargo Box 101837502 $384.00 $326.40 Aluminum Toolbox, Flatbed 101837401 $404.00 $343.40 Portable Refreshment Center (Requires PRC Adapter Kit at Additional Charge)SVP815201 $2,900.00 $2,465.00 Electric Vehicle: Differential Guard 105118701 $44.00 $37.40 Bed Lift Installation for Electric vehicles 105170302 $561.00 $476.85 4-Digit Security Pad for Electric Vehicles SVP705001 $540.00 $459.00 Carryall 500 Pricing Guide Page 9 of 68 DocuSign Envelope ID: C1E378DC-8E37-4254-A22C-84146580C109 Part Number U.S. Suggested List Price City of KC/OMNIA Partners $ CARRYALL 500 Description Single Point Watering System and Accessories (Electric Vehicles Only): Single Point Battery Watering System 103497701 $315.00 $267.75 Hand Pump for Single Point System (order one for non-fleet/individual)104006101 $80.00 $68.00 Deionizer water purification system (required one per fleet, comes with 1 filter cartridge and regulated hose)105166801 $508.00 $431.80 Gas Vehicle: Differential Guard, Gas 103992401 $44.00 $37.40 Spark Arrestor 101629004 $66.00 $56.10 Magnetic Drain Plug for Open Differential SVP720601 $80.00 $68.00 Magnetic Drain Plug for Oil Pan 47653326001 $139.00 $118.15 4-Digit Security Pad for Gas Vehicles SVP705002 $540.00 $459.00 Bed Lift Installation for Gas Vehicles 105170502 $561.00 $476.85 VersAttach Packages VersAttach Grounds Electric:C500E_VERS_GRND $442.00 $375.70 VersAttach Grounds Gas:C500G_VERS_GRND $442.00 $375.70 VersAttach Grounds HP:500HP_VERSA_GND $442.00 $375.70 VersAttach Flex Grip Single Tool Holder (Pair for Light tools)Included Included Included VersAttach Multi-tool Holder (Pair, Holds 3 Long Handle Tools)Included Included Included VersAttach Ratcheting Grip Tool Holder (Pair, for Trimmers)Included Included Included VersAttach Leaf Blower Holder (Single)Included Included Included VersAttach Facility Electric:C500E_VERS_FACL $801.00 $680.85 VersAttach Facility Gas:C500G_VERS_FACL $801.00 $680.85 VersAttach Facility HP:500HP_VERSA_FAC $801.00 $680.85 VersAttach Bucket Holder (Single)Included Included Included VersAttach Ladder Rack (Pair)Included Included Included VersAttach Poly Tool Box Included Included Included VersAttach Accessories VersAttach Rail Mount (Pair, Included in kits below)105160401 $42.00 $35.70 VersAttach Tie Down (Pair)105160901 $51.00 $43.35 VersAttach Bucket Holder (Single)105160501 $65.00 $55.25 VersAttach Flex Grip Single Tool Holder (Pair for Light tools)105161101 $86.00 $73.10 VersAttach Multi-tool Holder (Pair, Holds 3 Long Handle Tools)105160801 $86.00 $73.10 VersAttach Ratcheting Grip Tool Holder (Pair, for Trimmers)105161001 $96.00 $81.60 VersAttach Bed Divider (Single)105161201 $145.00 $123.25 VersAttach Leaf Blower Holder (Single)105161401 $182.00 $154.70 VersAttach Poly Tool Box 105161601 $363.00 $308.55 VersAttach Ladder Rack (Pair)105161501 $374.00 $317.90 Cab Packages and Accessories Add the accessory pricing below to the price of the standard vehicle, FOB Augusta, GA. All prices are applicable only to accessories purchased and shipped with new vehicle orders. Prices do not include installation at the factory. Part numbers preceeded with SVP are subject to change without notice. Please refer to Custom Solutions price list for the most up to date pricing. Curtis Cab Packages ROPS certified (Requires Extra Heavy Duty Front Suspension 105115901): Gas Vehicle: *Basic Cab (47587415003, 105234101) (Includes frame, canopy, pop open windshield, windshield wiper, 2-pt seat belts, jumper harness)$3,244.00 $2,757.40 *Basic Cab with AS1 Windshield (47743642001, 105234101)(Includes frame, canopy, pop open AS1 certified windshield, windshield wiper, 2-pt seat belts, jumper harness)$4,392.00 $3,733.20 *Range Cab (47587415002, 105124101) (Includes frame, canopy, polycarbonate windshield, range doors, rear panel, 2-pt seat belts, Range Picker Adapter Kit)$5,691.00 $4,837.35 *Complete Cab (47587415001, 105234101) (Includes frame, canopy, windshield, windshield wiper, doors, flip-up rear window, 2-pt seatbelts & rear overhead cargo net. Requires 105115901 - 2 Leaf Suspension, 105234101 Gas Power Harness) $5,564.00 $4,729.40 Electric Vehicle: Basic Cab (47587415003,105234001) (Includes frame, canopy, pop open windshield, windshield wiper, 2-pt seat belts, jumper harness)$3,234.00 $2,748.90 *Basic Cab with AS1 Windshield (47743642001, 105234001) (Includes frame, canopy, pop open AS1 certified windshield, windshield wiper, 2-pt seat belts, jumper harness)$4,382.00 $3,724.70 *Range Cab (47587415002, 105124101)(Includes frame, canopy, polycarbonate windshield, range doors, rear panel, 2-pt seat belts, and Range Picker Adapter Kit) $5,691.00 $4,837.35 *Complete Cab (47587415001, 105234001) (Includes frame, canopy, windshield, windshield wiper, doors, flip-up rear window, 2-pt seatbelts & rear overhead cargo net. Requires 105115901 - 2 Leaf Suspension, 105234001 Electric Power Harness)$5,554.00 $4,720.90 Curtis Cab Accessories: (Requires Curtis Cab) (Accessories with '+' require Overhead Console on Gas and Electric Vehicles and is not included in the price below) Interior Rear View Mirror 47587416001 $99.00 $84.15 + Premium dome light that swivels for improved functionality 47587421001 $116.00 $98.60 + Roof mounted amber strobe light 47587418001 $208.00 $176.80 Driver & Passenger external side view mirrors 47587417001 $227.00 $192.95 Rear Window only for Curtis Basic Cab or Basic Cab with AS1 windshield 47743640001 $340.00 $289.00 + Roof mounted, forward facing LED work lights (set of 2)47587419001 $346.00 $294.10 + Roof Mounted Rear Facing LED Work Lights (Set of 2)47587419002 $370.00 $314.50 + Cab Windshield Washer Kit 47693131001 $256.00 $217.60 Overhead controls console including switches and electrical harness 47587420001 $599.00 $509.15 Range Picker Adapter Kit (Picker mount, brushguard, headlight guard) 105124101 $596.00 $506.60 Heater/Defogger (Electric Car only)SVP1052701 $1,200.00 $1,020.00 + AS1 Windshield Kit 47690989001 $1,253.00 $1,065.05 Doors and Rear Window (Only selectable with Basic Cab)47690985001 $2,615.00 $2,222.75 Doors only kit for Curtis Basic Cab or Basic Cab with AS1 windshield 47743641001 $2,638.00 $2,242.30 Carryall 500 Pricing Guide Page 10 of 68 DocuSign Envelope ID: C1E378DC-8E37-4254-A22C-84146580C109 Part Number U.S. Suggested List Price City of KC/OMNIA Partners $ CARRYALL 500 Description Electric Vehicle: Car to Cab Jumper Harness (Electric Cars)105234001 $55.00 $46.75 Gas Vehicle: Car to Cab Jumper Harness (Gas Cars)105234101 $65.00 $55.25 * These items will be priced individually in CustomerView and the sum of the items will equal the price shown above. The company reserves the right to make design changes in its products without obligation to make these changes on units previously sold. Pricing is FOB Augusta, GA, does not include crating charges and is subject to change without notice. All orders are subject to acceptance by Club Car LLC Post Office Box 204658 Augusta, Georgia 30917-4658 Telephone: (706) 863-3000 Fax: (706) 860-7231 Carryall 500 Pricing Guide Page 11 of 68 DocuSign Envelope ID: C1E378DC-8E37-4254-A22C-84146580C109 2023 Carryall 502 Electric & Gas Effective February 18, 2022 Part Number U.S. Suggested List Price City of KC/OMNIA Partners $ CARRYALL 502 Carryall 502 Electric: 500 amp IQPlus Drive System, 4-wheel brakes. 47662287001 $10,733.00 $8,586.40 Carryall 502 Gasoline: **14 hp (429cc) Overhead Valve with Closed Loop EFI Engine, Pedal Start, 4-wheel brakes 47662286001 $10,996.00 $8,796.80 STANDARD EQUIPMENT: Dark Green Cowl Standard No Charge No Charge Gray Seat Standard No Charge No Charge Premium Tire 6-ply rated - 18x8.5-8 (Front)Standard No Charge No Charge Extra Traction Tire 6-ply rated - 18x8.5-8 (Rear)Standard No Charge No Charge Four Wheel Brakes Standard No Charge No Charge Dual USB Standard No Charge No Charge Halogen Headlights Standard No Charge No Charge Plastic Bumper Standard No Charge No Charge Heavy Duty Front Suspension Standard No Charge No Charge Standard Keyswitch Standard No Charge No Charge Electric Vehicle: IQPlus Drive System w/ 500 amp Motor Controller Standard No Charge No Charge On-Board Hi-Freq Charger with 15 foot (4.6m) Cord Reel Standard No Charge No Charge DC-DC Converter, 25A Standard No Charge No Charge Gas Vehicle: Fuel Gauge/Hour Meter Standard No Charge No Charge **rating at 3600 rpm per SAE J1940 REQUIRED OPTIONS Body Color: Dark Green Cowl 47656552001 No Charge No Charge White Cowl 47656552002 No Charge No Charge Dark Gray Cowl 47656552004 No Charge No Charge Bright Blue Cowl 47656552005 No Charge No Charge Black Cowl 47656552003 $91.00 $77.35 Beige Cowl 47656552007 $91.00 $77.35 Custom Color Cowl 47656552006 Quote Quote Seats: Gray Seat 105064203 No Charge No Charge White Seat 105064201 $59.00 $50.15 Black Seat 105064202 $59.00 $50.15 Beige Seat 105064209 $117.00 $99.45 Custom Color Seat 105064204 Quote Quote Rear Car Option: Cargo Box includes Tailgate Tether 105122102 $865.00 $735.25 Flat Bed 105122202 $224.00 $190.40 Stake Side Bed 105109501 $785.00 $667.25 Slim Bed Box 47693372001 $1,040.00 $884.00 Headlights: Halogen Headlights 47664579001 No Charge No Charge LED Headlights 47664579002 $230.00 $195.50 Required Options for Electric Vehicles: Instrument Panel: Instrument Panel - Electric 47661399001 No Charge No Charge Instrument Panel - Electric w/ Battery Level 47661399002 $132.00 $112.20 Batteries: Standard Duty 6V Batteries 105140001 No Charge No Charge Extended Range Battery Upgrade 105140002 $694.00 $589.90 Required Options for Gas Vehicles: Starting: Pedal Start No Charge No Charge Key Start No Charge No Charge Transaxle: Standard Transaxle 103976601 No Charge No Charge Transaxle w/ Limited Slip Differential 103976602 $416.00 $353.60 ACCESSORIES Add the optional equipment pricing below to the price of the standard vehicle, FOB Augusta, GA. All prices are applicable only to optional equipment purchased and shipped with new vehicle orders and include installation at the factory. Part numbers preceded with SVP are subject to change without notice. Please refer to the Custom Solutions price list for the most up to date pricing. Tires: Small Turf Premium 6-ply rated - 18x8.5-8 (Front)105078714 No Charge No Charge Small Turf Premium 6-ply rated - 18x8.5-8(Rear)105078734 No Charge No Charge Small Turf Extra Traction 6-ply rated - 18x8.5-8 (Front)105078715 No Charge No Charge Small Turf Extra Traction 6-ply rated - 18x8.5-8 (Rear)105078735 No Charge No Charge Key Switches: Standard Keyswitch- 1B No Charge No Charge Alternate Keyswitch- 1C No Charge No Charge Wheel Covers: 12 Spoke Wheel Cover Installation 102536502 $68.00 $57.80 Trailer Hitch and Trailer Hitch Balls: Heavy Duty Trailer Hitch 101972901 $109.00 $92.65 Heavy Duty 2" Rear Receiver 102065101 $119.00 $101.15 Trailer Hitch Ball - 1 7/8"1011546 $10.00 $8.50 Trailer Hitch Ball - 50mm 104033601 $31.00 $26.35 Description Carryall 502 Pricing Guide Page 12 of 68 DocuSign Envelope ID: C1E378DC-8E37-4254-A22C-84146580C109 Part Number U.S. Suggested List Price City of KC/OMNIA Partners $ CARRYALL 502 Description Brushguard Options: Plastic Bumper 47667482002 No Charge No Charge Plastic Bumper with Heavy Duty Brush Guard 47667482001 $384.00 $326.40 Plastic Bumper with Basic Bumper Bar 47667482003 $194.00 $164.90 Rear Guards: Rear Fender Guard Kit 47653325002 $337.00 $286.45 Lighting Options: Electric Vehicle: Tail Lights, Brake Lights and Horn - Electric 47668657001 $246.00 $209.10 Tail Lights, Brake Lights, Turn Signals and Horn - Electric 47668657002 $396.00 $336.60 Gas Vehicle: Tail Lights, Brake Lights and Horn - Gas 47668657003 $246.00 $209.10 Tail Lights, Brake Lights, Turn Signals and Horn - Gas 47668657004 $396.00 $336.60 Canopy: White Canopy - Loosely Shipped (Includes Windshield at add'l charge)47650426001 $548.00 $465.80 Black Canopy - Loosely Shipped (Includes Windshield at add'l charge)47650426002 $548.00 $465.80 White Canopy - Slim 47693374004 $502.00 $426.70 Beige Canopy - Slim 47693374005 $502.00 $426.70 Black Canopy - Slim 47693374006 $502.00 $426.70 Windshields: Clear Hinged Windshield 47679400001 $182.00 $154.70 Slim Windshield Kit 47693368001 $182.00 $154.70 Reflectors: Reflector Package 47669003001 $39.00 $33.15 Rear Mounted Safety Triangle SVP533701 $140.00 $119.00 Strobe Lights: Canopy Mounted Strobe Light, Electric 47654005001 $241.00 $204.85 Canopy Mounted Strobe Light, Gas 47654005002 $241.00 $204.85 Post Mounted Strobe Light, Electric 105155501 $520.00 $442.00 Post Mounted Strobe Light, Gas 105155601 $520.00 $442.00 Other Accessories: Passenger side Cup Holder 47623832001 $37.00 $31.45 Aluminum Locking Toolbox, Cargo Box 101837502 $384.00 $326.40 Aluminum Toolbox, Flatbed 101837401 $404.00 $343.40 Electric Vehicle: Differential Guard 105118701 $44.00 $37.40 Bed Lift Installation for Electric vehicles 105170302 $561.00 $476.85 Single Point Watering System and Accessories (Electric Vehicles Only): Single Point Battery Watering System 103497701 $315.00 $267.75 Hand Pump for Single Point System (order one for non-fleet/individual)104006101 $80.00 $68.00 Deionizer water purification system (required one per fleet, comes with 1 filter cartridge and regulated hose)105166801 $508.00 $431.80 Gas Vehicle: Differential Guard, Gas 103992401 $44.00 $37.40 Spark Arrestor 101629004 $66.00 $56.10 Magnetic Drain Plug for Oil Pan 47653326001 $139.00 $118.15 Bed Lift Installation for Gas Vehicles 105170502 $561.00 $476.85 VersAttach Accessories VersAttach Rail Mount (Pair, Included in kits below)105160401 $42.00 $35.70 VersAttach Tie Down (Pair)105160901 $51.00 $43.35 VersAttach Bucket Holder (Single)105160501 $65.00 $55.25 VersAttach Flex Grip Single Tool Holder (Pair for Light tools)105161101 $86.00 $73.10 VersAttach Multi-tool Holder (Pair, Holds 3 Long Handle Tools)105160801 $86.00 $73.10 VersAttach Ratcheting Grip Tool Holder (Pair, for Trimmers)105161001 $96.00 $81.60 VersAttach Bed Divider (Single)105161201 $145.00 $123.25 VersAttach Leaf Blower Holder (Single)105161401 $182.00 $154.70 VersAttach Poly Tool Box 105161601 $363.00 $308.55 VersAttach Ladder Rack (Pair)105161501 $374.00 $317.90 The company reserves the right to make design changes in its products without obligation to make these changes on units previously sold. Pricing is FOB Augusta, GA, does not include crating charges and is subject to change without notice. All orders are subject to acceptance by Club Car LLC Post Office Box 204658 Augusta, Georgia 30917-4658 Telephone: (706) 863-3000 Fax: (706) 860-7231 Carryall 502 Pricing Guide Page 13 of 68 DocuSign Envelope ID: C1E378DC-8E37-4254-A22C-84146580C109 2023 Carryall 550 Electric & Gas Effective February 18, 2022 Part Number U.S. Suggested List Price City of KC/OMNIA Partners $ CARRYALL 550 Carryall 550 Electric: 500 amp IQPlus Drive System, 4-wheel brakes 104030701 $11,515.00 $9,212.00 Carryall 550 Gasoline: **14 hp (429cc) Overhead Valve with Closed Loop EFI Engine, Pedal Start, 4-wheel brakes 104030801 $11,778.00 $9,422.40 STANDARD EQUIPMENT: White Cowl Standard No Charge No Charge Gray Seat Standard No Charge No Charge Off-Road Tires- 22x10-10 6-ply Standard No Charge No Charge Four Wheel Brakes Standard No Charge No Charge 12V Powerpoint Standard No Charge No Charge Halogen Headlights Standard No Charge No Charge Standard Front Suspension Standard No Charge No Charge Heavy Duty Front Brushguard Standard No Charge No Charge Electric Vehicle: Hour Meter Standard No Charge No Charge IQPlus Drive System w/ 500 amp Motor Controller Standard No Charge No Charge On-Board Hi-Freq Charger with 15 foot (4.6m) Cord Reel Standard No Charge No Charge DC-DC Converter, 25A Standard No Charge No Charge Gas Vehicle: Fuel Gauge/Hour Meter Standard No Charge No Charge **rating at 3600 rpm per SAE J1940 Packages: Turf Package Electric:TURF PKG 550E $923.00 $784.55 Turf Package Gas:TURF PKG 550G $923.00 $784.55 Dark Green Cowl Included Included Included Cargo Box with Tailgate Tether Installation Included Included Included Heavy Duty Trailer Hitch Included Included Included Differential Guard Included Included Included Commercial Package Electric:COM PKG 550E $1,157.00 $983.45 Commercial Package Gas:COM PKG 550G $1,157.00 $983.45 Dark Gray Cowl Included Included Included Cargo Box with Tailgate Tether Installation Included Included Included Tailgate Tether Installation Included Included Included Heavy Duty Trailer Hitch Included Included Included Tail Lights, Brake Lights and Horn Included Included Included Superintendent Electric:SUPT_PKG_550E $1,157.00 $983.45 Superintendent Gas:SUPT_PKG_550G $1,157.00 $983.45 Dark Green Cowl Included Included Included Heavy Duty Trailer Hitch Included Included Included Extra Traction 6-ply rated (Front) - 22x10-10 Included Included Included Extra Traction 6-ply rated (Rear) - 22x10-10 Included Included Included Cargo Box with Tailgate Tether Installation Included Included Included Tailgate Tether Installation Included Included Included Choice of Canopy Color, Front Seats Only Included Included Included Differential Guard Included Included Included 5-Spoke Silver Wheel Cover (set of 4)Included Included Included Locking Glovebox Door Included Included Included Extended Range Battery Upgrade (Electric Only)Included Included Included Single Point Battery Watering System (Electric Only)Included Included Included Campus Electric:CAMPUS_PKG_550E $1,157.00 $983.45 Campus Gas:CAMPUS_PKG_550G $1,157.00 $983.45 Dark Gray Cowl Included Included Included Cargo Box with Tailgate Tether Installation Included Included Included Tailgate Tether Installation Included Included Included Heavy Duty 2" Rear Receiver Included Included Included Choice of Canopy Color, Front Seats Only Included Included Included Differential Guard Included Included Included Hinged Windshield Included Included Included Locking Glovebox Door Included Included Included Tail Lights, Brake Lights, Turn Signals and Horn Included Included Included Transaxle w/ Limited Slip Differential (Gas Only)Included Included Included Extended Range Battery Upgrade (Electric Only)Included Included Included Single Point Battery Watering System (Electric Only)Included Included Included Description Carryall 550 Pricing Guide Page 14 of 68 DocuSign Envelope ID: C1E378DC-8E37-4254-A22C-84146580C109 Part Number U.S. Suggested List Price City of KC/OMNIA Partners $ CARRYALL 550 Description REQUIRED OPTIONS Body Color: White Cowl 105120003 No Charge No Charge Dark Green Cowl 105120001 No Charge No Charge Dark Gray Cowl 105120002 No Charge No Charge Bright Blue Cowl 105120004 No Charge No Charge Beige Cowl 105120006 $91.00 $77.35 Red Cowl 105120007 $91.00 $77.35 Black Cowl 105120008 $91.00 $77.35 Classic Blue Cowl 105120009 $91.00 $77.35 Titanium Silver Cowl 105120005 $133.00 $113.05 Custom Color Cowl 105120010 Quote Quote Seats: Gray Seat 105064203 No Charge No Charge White Seat 105064201 $59.00 $50.15 Black Seat 105064202 $59.00 $50.15 Beige Seat 105064209 $117.00 $99.45 Custom Color Seat 105064204 Quote Quote Rear Car Option: Cargo Box includes Tailgate Tether 105122102 $865.00 $735.25 Flat Bed 105122202 $224.00 $190.40 Stake Side Bed 105109501 $785.00 $667.25 Required Options for Electric Vehicles: Headlights: Halogen Headlights 105122701 No Charge No Charge LED Headlight Upgrade 105122702 $230.00 $195.50 Instrument Panel: Instrument Panel - Electric 105120203 No Charge No Charge Battery Capacity Indicator 105120204 $132.00 $112.20 Batteries: Standard Duty 6V Batteries 105140001 No Charge No Charge Extended Range Battery Upgrade 105140002 $694.00 $589.90 Required Options for Gas Vehicles: Starting: Pedal Start No Charge No Charge Key Start No Charge No Charge Transaxle: Standard Transaxle 103976601 No Charge No Charge Transaxle w/ Limited Slip Differential 103976602 $416.00 $353.60 ACCESSORIES Add the optional equipment pricing below to the price of the standard vehicle, FOB Augusta, GA. All prices are applicable only to optional equipment purchased and shipped with new vehicle orders and include installation at the factory. Part numbers preceded with SVP are subject to change without notice. Please refer to the Custom Solutions price list for the most up to date pricing. Tires: Field Installed Front Tires, Extra Traction, 4-Ply 105078746 No Charge No Charge Field Installed Front Tires, Off-road, 6-Ply 105078747 No Charge No Charge Field Installed Rear Tires, Extra Traction, 4-Ply 105078766 No Charge No Charge Field Installed Rear Tires, Off-road, 6-Ply 105078767 No Charge No Charge Wheel Covers: 5-Spoke Chrome Wheel Cover Kit (Set of 4)105106502 $75.00 $63.75 Front Suspension: Standard Front Suspension 105114301 No Charge No Charge Heavy Duty Front Suspension 105114401 $24.00 $20.40 Key Switches: Standard Keyswitch - 1B No Charge No Charge Cab Vehicle Keyswitch - 1A No Charge No Charge Alternate Keyswitch - 1C No Charge No Charge Trailer Hitch and Trailer Hitch Balls: Trailer Hitch Ball - 1 7/8"1011546 $10.00 $8.50 Trailer Hitch Ball - 50mm 104033601 $31.00 $26.35 Heavy Duty Trailer Hitch 101972901 $109.00 $92.65 Heavy Duty 2" Rear Receiver 102065101 $119.00 $101.15 Front & Rear Guards: Headlight Guard for Heavy Duty Brushguard 105156301 $70.00 $59.50 Front Fender Guards 105124001 $114.00 $96.90 Rear Fender Guard Kit 47653325002 $337.00 $286.45 Lighting Options: Electric Vehicle: Tail Lights, Brake Lights and Horn 105122801 $246.00 $209.10 Tail Lights, Brake Lights, Turn Signals and Horn 105122803 $396.00 $336.60 Gas Vehicle: Tail Lights, Brake Lights and Horn 105122805 $246.00 $209.10 Tail Lights, Brake Lights, Turn Signals and Horn 105122806 $396.00 $336.60 Canopy: White Canopy, Front Seats Only (requires Strut kit 47610630001 at no additional charge)105072001 $502.00 $426.70 Beige Canopy, Front Seats Only (requires Strut kit 47610630001 at no additional charge)105072002 $502.00 $426.70 Black Canopy, Front Seats Only (requires Strut kit 47610630001 at no additional charge)105072003 $502.00 $426.70 Windshields: Solid Windshield 105109201 $160.00 $136.00 Hinged Windshield 105109101 $182.00 $154.70 Carryall 550 Pricing Guide Page 15 of 68 DocuSign Envelope ID: C1E378DC-8E37-4254-A22C-84146580C109 Part Number U.S. Suggested List Price City of KC/OMNIA Partners $ CARRYALL 550 Description Enclosures: Black Enclosure, Front Seats Only 105124501 $587.00 $498.95 Beige Enclosure, Front Seats Only 105124302 $587.00 $498.95 White Enclosure, Front Seats Only 105124301 $587.00 $498.95 Reflectors: Standard Reflector Kit 105144703 $39.00 $33.15 Rear Mounted Safety Triangle SVP533701 $140.00 $119.00 Mirror Kits: 5 Panel Rear View Mirror 105288801 $92.00 $78.20 Non-Cab Side Mirror set 47710012001 $222.00 $188.70 Strobe Lights: Canopy Mounted Strobe Light 47669342001 $293.00 $249.05 Post Mounted Strobe Light, Electric 105155501 $520.00 $442.00 Post Mounted Strobe Light, Gas 105155601 $520.00 $442.00 Canopy Mounted ECCO Strobe Kit 47665581001 $303.00 $257.55 Number Decals: Standard Decal $10.00 $8.50 Custom Decal $24.00 $20.40 Custom Logos: Custom, Installed, each BY INSTL LOCATION $28.00 $23.80 Other Accessories: Pedal Opening Weather Guard 105149102 $33.00 $28.05 USB port adjacent to 12V Powerpint 47675266001 $117.00 $99.45 Locking Glovebox Door 105139702 $119.00 $101.15 Aluminum Locking Toolbox, Cargo Box 101837502 $384.00 $326.40 Aluminum Toolbox, Flatbed 101837401 $404.00 $343.40 Electric Vehicle: Differential Guard 105118701 $44.00 $37.40 Bed Lift Installation for Electric vehicles 105170302 $561.00 $476.85 4-Digit Security Pad for Electric Vehicles SVP705001 $540.00 $459.00 Single Point Watering System and Accessories (Electric Vehicles Only): Single Point Battery Watering System 103497701 $315.00 $267.75 Hand Pump for Single Point System (order one for non-fleet/individual)104006101 $80.00 $68.00 Deionizer water purification system (required one per fleet, comes with 1 filter cartridge and regulated hose)105166801 $508.00 $431.80 Gas Vehicle: Differential Guard, Gas 103992401 $44.00 $37.40 Spark Arrestor 101629004 $66.00 $56.10 Magnetic Drain Plug for Open Differential SVP720601 $80.00 $68.00 Magnetic Drain Plug for Oil Pan 47653326001 $139.00 $118.15 4-Digit Security Pad for Gas Vehicles SVP705002 $540.00 $459.00 Bed Lift Installation for Gas Vehicles 105170502 $561.00 $476.85 VersAttach Packages VersAttach Grounds Electric:C550E_VERS_GRND $442.00 $375.70 VersAttach Grounds Gas:C550G_VERS_GRND $442.00 $375.70 VersAttach Flex Grip Single Tool Holder (Pair for Light tools)Included Included Included VersAttach Multi-tool Holder (Pair, Holds 3 Long Handle Tools)Included Included Included VersAttach Ratcheting Grip Tool Holder (Pair, for Trimmers)Included Included Included VersAttach Leaf Blower Holder (Single)Included Included Included VersAttach Facility Electric:C550E_VERS_FACL $801.00 $680.85 VersAttach Facility Gas:C550G_VERS_FACL $801.00 $680.85 VersAttach Bucket Holder (Single)Included Included Included VersAttach Ladder Rack (Pair)Included Included Included VersAttach Poly Tool Box Included Included Included VersAttach Accessories: VersAttach Rail Mount (Pair, Included in kits below)105160401 $42.00 $35.70 VersAttach Tie Down (Pair)105160901 $51.00 $43.35 VersAttach Bucket Holder (Single)105160501 $65.00 $55.25 VersAttach Flex Grip Single Tool Holder (Pair for Light tools)105161101 $86.00 $73.10 VersAttach Multi-tool Holder (Pair, Holds 3 Long Handle Tools)105160801 $86.00 $73.10 VersAttach Ratcheting Grip Tool Holder (Pair, for Trimmers)105161001 $96.00 $81.60 VersAttach Bed Divider (Single)105161201 $145.00 $123.25 VersAttach Leaf Blower Holder (Single)105161401 $182.00 $154.70 VersAttach Poly Tool Box 105161601 $363.00 $308.55 VersAttach Ladder Rack (Pair)105161501 $374.00 $317.90 Carryall 550 Pricing Guide Page 16 of 68 DocuSign Envelope ID: C1E378DC-8E37-4254-A22C-84146580C109 Part Number U.S. Suggested List Price City of KC/OMNIA Partners $ CARRYALL 550 Description Cab Packages and Accessories Add the accessory pricing below to the price of the standard vehicle, FOB Augusta, GA. All prices are applicable only to accessories purchased and shipped with new vehicle orders. Prices do not include installation at the factory. Part numbers preceeded with SVP are subject to change without notice. Please refer to Custom Solutions price list for the most up to date pricing. Curtis Cab Packages ROPS certified (Requires Extra Heavy Duty Front Suspension 105114401): Gas Vehicle: *Basic Cab (47587415003, 105234101) (Includes frame, canopy, pop open windshield, windshield wiper, 2-pt seat belts, jumper harness)$3,244.00 $2,757.40 *Basic Cab with AS1 Windshield (47743642001, 105234101) (Includes frame, canopy, pop open AS1 certified windshield, windshield wiper, 2-pt seat belts, jumper harness)$4,392.00 $3,733.20 *Complete Cab (47587415001, 105234101)(Includes frame, canopy, windshield, windshield wiper, doors, flip-up rear window, 2-pt seatbelts & rear overhead cargo net. Requires 105115901 - 2 Leaf Suspension, 105234101 Gas Power Harness) $5,564.00 $4,729.40 Electric Vehicle: Basic Cab (47587415003,105234001) (Includes frame, canopy, pop open windshield, windshield wiper, 2-pt seat belts, jumper harness)$3,234.00 $2,748.90 *Basic Cab with AS1 Windshield (47743642001, 105234001)(Includes frame, canopy, pop open AS1 certified windshield, windshield wiper, 2-pt seat belts, jumper harness)$4,382.00 $3,724.70 *Complete Cab (47587415001, 105234001) (Includes frame, canopy, windshield, windshield wiper, doors, flip-up rear window, 2-pt seatbelts & rear overhead cargo net. Requires 105115901 - 2 Leaf Suspension, 105234001 Electric Power Harness) $5,554.00 $4,720.90 Curtis Cab Accessories: (Requires Curtis Cab) (Accessories with '+' require Overhead Console on Gas and Electric Vehicles and is not included in the price below) Interior Rear View Mirror 47587416001 $99.00 $84.15 + Premium dome light that swivels for improved functionality 47587421001 $116.00 $98.60 + Roof mounted amber strobe light 47587418001 $208.00 $176.80 Driver & Passenger external side view mirrors 47587417001 $227.00 $192.95 Rear Window only for Curtis Basic Cab or Basic Cab with AS1 windshield 47743640001 $340.00 $289.00 + Roof mounted, forward facing LED work lights (set of 2)47587419001 $346.00 $294.10 + Roof Mounted Rear Facing LED Work Lights (Set of 2)47587419002 $370.00 $314.50 + Cab Windshield Washer Kit 47693131001 $256.00 $217.60 Overhead controls console including switches and electrical harness 47587420001 $599.00 $509.15 Range Picker Adapter Kit (Picker mount, brushguard, headlight guard) 105124101 $596.00 $506.60 Heater/Defogger (Electric Car only)SVP1052701 $1,200.00 $1,020.00 + AS1 Windshield Kit 47690989001 $1,253.00 $1,065.05 Doors and Rear Window (Only selectable with Basic Cab)47690985001 $2,615.00 $2,222.75 Doors only kit for Curtis Basic Cab or Basic Cab with AS1 windshield 47743641001 $2,638.00 $2,242.30 Electric Vehicle: Car to Cab Jumper Harness (Electric Cars)105234001 $55.00 $46.75 Gas Vehicle: Car to Cab Jumper Harness (Gas Cars)105234101 $65.00 $55.25 * These items will be priced individually in CustomerView and the sum of the items will equal the price shown above. The company reserves the right to make design changes in its products without obligation to make these changes on units previously sold. Pricing is FOB Augusta, GA, does not include crating charges and is subject to change without notice. All orders are subject to acceptance by Club Car LLC. Post Office Box 204658 Augusta, Georgia 30917-4658 Telephone: (706) 863-3000 Fax: (706) 860-7231 Carryall 550 Pricing Guide Page 17 of 68 DocuSign Envelope ID: C1E378DC-8E37-4254-A22C-84146580C109 2023 Carryall 700 Electric & Gas Effective February 18, 2022 Part Number U.S. Suggested List Price City of KC/OMNIA Partners $ CARRYALL 700 Carryall 700 Electric: 500 amp IQPlus Drive System, 4-wheel brakes 104030901 $13,970.00 $11,176.00 Carryall 700 Gasoline: **14 hp (429cc) Overhead Valve with Closed Loop EFI Engine, Pedal Start, 4-wheel brakes 104031201 $14,233.00 $11,386.40 Carryall 700 HP Electric AC 47707528001 $15,570.00 $12,456.00 STANDARD EQUIPMENT: White Cowl Standard No Charge No Charge Gray Seat Standard No Charge No Charge Premium Tire 6-ply rated - 20x10-10 Standard No Charge No Charge Four Wheel Brakes Standard No Charge No Charge 12V Powerpoint Standard No Charge No Charge Standard Keyswitch Standard No Charge No Charge Electric Bed Lift Standard No Charge No Charge Halogen Headlights Standard No Charge No Charge Electric Vehicle: IQPlus Drive System w/ 500 amp Motor Controller Standard No Charge No Charge On-Board Hi-Freq Charger with 15 foot (4.6m) Cord Reel Standard No Charge No Charge Hour Meter Standard No Charge No Charge DC-DC Converter, 25A Standard No Charge No Charge Extra Heavy Duty Front Suspension Standard No Charge No Charge Standard Duty 6V Batteries Standard No Charge No Charge Gas Vehicle: Heavy Duty Front Suspension Standard No Charge No Charge Fuel Gauge/Hour Meter Standard No Charge No Charge **rating at 3600 rpm per SAE J1940 Packages: Commercial Package Electric:COM PKG 700E $884.00 $751.40 Commercial Package Gas:COM PKG 700G $884.00 $751.40 Commercial Package HP:COM_PKG_700HP $884.00 $751.40 Dark Gray Cowl Included Included Included Flatbed Included Included Included Heavy Duty Front Brushguard Included Included Included Tail Lights, Brake Lights and Horn Included Included Included Battery Capacity Indicator (Electric Only)Included Included Included Key Start (Gas Only)Included Included Included Turf Package Electric:TURF PKG 700E $1,286.00 $1,093.10 Turf Package Gas:TURF PKG 700G $1,286.00 $1,093.10 Turf Package HP:TURF_PKG_700HP $1,286.00 $1,093.10 Dark Green Cowl Included Included Included Extra Traction 6-ply rated (Rear) - 20x10-10 Included Included Included Cargo Box with Tailgate Tether Included Included Included Heavy Duty Front Brushguard Included Included Included Heavy Duty Trailer Hitch Included Included Included Differential Guard Included Included Included Superintendent Electric:SUPT_PKG_700E $2,928.00 $2,488.80 Superintendent Gas:SUPT_PKG_700G $1,935.00 $1,644.75 Superintendent HP:SUPT_PKG_700HP $2,928.00 $2,488.80 Dark Green Cowl Included Included Included Heavy Duty Front Brushguard Included Included Included Heavy Duty Trailer Hitch Included Included Included Extra Traction 6-ply rated (Rear) - 20x10-10 Included Included Included Choice of Canopy Color, Front Seats Only Included Included Included 5-Spoke Silver Wheel Cover (set of 4)Included Included Included Cargo Box with Tailgate Tether Included Included Included Tailgate Tether Installation Included Included Included Locking Glovebox Door Included Included Included Differential Guard Included Included Included Extended Range Battery Upgrade (Electric Only)Included Included Included Single Point Battery Watering System (Electric Only)Included Included Included Campus Electric:CAMPUS_PKG_700E $3,310.00 $2,813.50 Campus Gas:CAMPUS_PKG_700G $2,349.00 $1,996.65 Campus HP:CAMP_PKG_700HP $3,310.00 $2,813.50 Dark Gray Cowl Included Included Included Heavy Duty Front Brushguard Included Included Included Heavy Duty 2" Rear Receiver Included Included Included Choice of Canopy Color, Front Seats Only Included Included Included Hinged Windshield Included Included Included Stake Side Bed Included Included Included Locking Glovebox Door Included Included Included Differential Guard Included Included Included Tail Lights, Brake Lights, Turn Signals and Horn Included Included Included Battery Capacity Indicator (Electric Only)Included Included Included Extended Range Battery Upgrade (Electric Only)Included Included Included Single Point Battery Watering System (Electric Only)Included Included Included Description Carryall 700 Pricing Guide Page 18 of 68 DocuSign Envelope ID: C1E378DC-8E37-4254-A22C-84146580C109 Part Number U.S. Suggested List Price City of KC/OMNIA Partners $ CARRYALL 700 Description REQUIRED OPTIONS Body Color: White Cowl 105120003 No Charge No Charge Dark Green Cowl 105120001 No Charge No Charge Dark Gray Cowl 105120002 No Charge No Charge Bright Blue Cowl 105120004 No Charge No Charge Beige Cowl 105120006 $91.00 $77.35 Red Cowl 105120007 $91.00 $77.35 Black Cowl 105120008 $91.00 $77.35 Classic Blue Cowl 105120009 $91.00 $77.35 Titanium Silver Cowl 105120005 $133.00 $113.05 Custom Color Cowl 105120010 Quote Quote Seats: Gray Seat 105064203 No Charge No Charge White Seat 105064201 $59.00 $50.15 Black Seat 105064202 $59.00 $50.15 Beige Seat 105064209 $117.00 $99.45 Custom Color Seat 105064204 Quote Quote Rear Car Option: (Choose One) Flat Bed 105122203 $234.00 $198.90 Stake Side Bed 105109601 $844.00 $717.40 Cargo Box includes Tailgate Tether 105122103 $886.00 $753.10 Van Boxes: White Van Box, with 6 doors, Pre-Assembled 47620758002 $3,761.00 $3,196.85 Gray Van Box, with 6 doors, Pre-Assembled 47620758001 $3,761.00 $3,196.85 ** Van Box requires the following at an additional charge: LED Interior Light Kit SVP1161801 $900.00 $765.00 ** Van Box requires the choice of either a cab w/mirrors or a canopy w/mirrors at an additional charge: Van Box Canopy (select one): White Canopy for Van Box 47653331011 $805.00 $684.25 Black Canopy for Van Box 47653331012 $805.00 $684.25 ** Van Box requires the choice of either a cab w/mirrors or a canopy w/mirrors at an additional charge: Mirror Kits: 5 Panel Rear View Mirror 105288801 $92.00 $78.20 Non-Cab Side Mirror set 47710012001 $222.00 $188.70 Van Box Accessories: Heavy Gauge Aluminum Shelf SVP1154701 $600.00 $510.00 Top Mount Double Ladder Rack Kit SVP1155101 $600.00 $510.00 ** Van Boxes with lighting options require one the following at an additional charge: High Mount Brake Light and Reverse Lights, Electric SVP12274001 $540.00 $459.00 High Mount Brake Light and Reverse Lights, Gas SVP12275001 $540.00 $459.00 Van Box with Cab (select Curtis Cab): Curtis Cab w/ Van Box Gas Vehicle: *Complete Cab (47587415001, 105234101) (Includes frame, canopy, windshield, windshield wiper, doors, flip-up rear window, 2-pt seatbelts & rear overhead cargo net. Requires 105115901 - 2 Leaf Suspension, 105234101 Gas Power Harness, Muffler Extension) $5,564.00 $4,729.40 *Basic Cab (47587415003, 105234101) (Includes frame, canopy, pop open windshield, 2-pt seat belts, jumper harness)$3,244.00 $2,757.40 *Basic Cab with AS1 Windshield (47743642001, 105234101) (Includes frame, canopy, pop open AS1 certified windshield, windshield wiper, 2-pt seat belts, jumper harness)$4,392.00 $3,733.20 Electric Vehicle: *Complete Cab (47587415001, 105234001)(Includes frame, canopy, windshield, windshield wiper, doors, flip-up rear window, 2-pt seatbelts & rear overhead cargo net. Requires 105115901 - 2 Leaf Suspension, 105234001 Electric Power Harness)$5,554.00 $4,720.90 Basic Cab (47587415003,105234001)(Includes frame, canopy, pop open windshield, 2-pt seat belts, and jumper harness)$3,234.00 $2,748.90 *Basic Cab with AS1 Windshield (47743642001, 105234001)(Includes frame, canopy, pop open AS1 certified windshield, windshield wiper, 2-pt seat belts, jumper harness)$4,382.00 $3,724.70 ** Van Box with cab selection requires both LH & RH mirrors at an additional charge: Driver & Passenger external side view mirrors 47587417001 $227.00 $192.95 Headlights: Halogen Headlights 105122701 No Charge No Charge LED Headlight Upgrade 105122702 $230.00 $195.50 Required Options for Electric Vehicles: Batteries: Standard Duty 6V Batteries 105140601 No Charge No Charge Extended Range Battery Upgrade 105140602 $694.00 $589.90 Standard Duty 6V Batteries (HP Vehicles)47703231001 No Charge No Charge Extended Range Battery Upgrade (HP Vehicles)47703231002 $694.00 $589.90 Instrument Panel: Instrument Panel - Electric 105120203 No Charge No Charge Battery Capacity Indicator 105120204 $132.00 $112.20 Instrument Panel - Electric AC HP (HP Vehicles)105120210 No Charge No Charge Instrument Panel - Electric w/ Battery Level (HP Vehicles)105120211 $132.00 $112.20 Instrument Panel - Koso LCD display (HP Vehicles)105120205 $372.00 $316.20 Required Options for Gas Vehicles: Starting: Pedal Start No Charge No Charge Key Start No Charge No Charge Transaxle: Standard Transaxle 103976601 No Charge No Charge Transaxle w/ Limited Slip Differential 103976602 $416.00 $353.60 Carryall 700 Pricing Guide Page 19 of 68 DocuSign Envelope ID: C1E378DC-8E37-4254-A22C-84146580C109 Part Number U.S. Suggested List Price City of KC/OMNIA Partners $ CARRYALL 700 Description ACCESSORIES Add the optional equipment pricing below to the price of the standard vehicle, FOB Augusta, GA. All prices are applicable only to optional equipment purchased and shipped with new vehicle orders and include installation at the factory. Part numbers preceded with SVP are subject to change without notice. Please refer to the Custom Solutions price list for the most up to date pricing. Tires: Small Turf Premium 6-ply rated - 18x8.5-8 (Front)105078714 No Charge No Charge Small Turf Premium 6-ply rated - 18x8.5-8(Rear)105078734 No Charge No Charge Small Turf Extra Traction 6-ply rated - 18x8.5-8 (Front)105078715 No Charge No Charge Small Turf Extra Traction 6-ply rated - 18x8.5-8 (Rear)105078735 No Charge No Charge Extra Traction 6-ply rated - 20x10-10 (Front)105078702 No Charge No Charge Extra Traction 6-ply rated - 20x10-10 (Rear)105078722 No Charge No Charge Front Suspension: Electric Vehicle: Extra Heavy Duty Front Suspension 105115901 No Charge No Charge Gas Vehicle: Heavy Duty Front Suspension 105115801 No Charge No Charge Extra Heavy Duty Front Suspension 105115901 $33.00 $28.05 Key Switches: Standard Keyswitch- 1B No Charge No Charge Cab Vehicle Keyswitch- 1A No Charge No Charge Alternate Keyswitch- 1C No Charge No Charge Wheel Covers: 5-Spoke Silver Wheel Cover (set of 4)105106401 $75.00 $63.75 Trailer Hitch and Trailer Hitch Balls: Heavy Duty Trailer Hitch 101972901 $109.00 $92.65 Heavy Duty 2" Rear Receiver 102065101 $119.00 $101.15 Trailer Hitch Ball - 1 7/8"1011546 $10.00 $8.50 Trailer Hitch Ball - 50mm 104033601 $31.00 $26.35 Front & Rear Guards: Heavy Duty Front Brushguard 47605991001 $384.00 $326.40 Headlight Guard for Heavy Duty Brushguard 105156301 $70.00 $59.50 Front Fender Guards 105124001 $114.00 $96.90 Rear Fender Guard Kit 47653325002 $337.00 $286.45 Lighting Options: Electric Vehicle: Tail Lights, Brake Lights and Horn 105122802 $246.00 $209.10 Tail Lights, Brake Lights, Turn Signals and Horn 105122804 $396.00 $336.60 Gas Vehicle: Tail Lights, Brake Lights and Horn 105122805 $246.00 $209.10 Tail Lights, Brake Lights, Turn Signals and Horn 105122806 $396.00 $336.60 Canopy: White Canopy, Front Seats Only (requires Strut kit 47610630001 at no additional charge)105072001 $502.00 $426.70 Beige Canopy, Front Seats Only (requires Strut kit 47610630001 at no additional charge)105072002 $502.00 $426.70 Black Canopy, Front Seats Only (requires Strut kit 47610630001 at no additional charge)105072003 $502.00 $426.70 White Long Canopy 105077601 $959.00 $815.15 Beige Long Canopy 105077602 $959.00 $815.15 Black Long Canopy 105077603 $959.00 $815.15 Custom Long Canopy 105077604 Quote Quote Windshields: Solid Windshield 105109201 $160.00 $136.00 Hinged Windshield 105109101 $182.00 $154.70 Enclosures: White Enclosure, Front Seats Only 105124301 $587.00 $498.95 Beige Enclosure, Front Seats Only 105124302 $587.00 $498.95 Black Enclosure, Front Seats Only 105124501 $587.00 $498.95 Reflectors: Standard Reflector Package 105144701 $39.00 $33.15 Rear Mounted Safety Triangle SVP533701 $140.00 $119.00 Strobe Lights: Canopy Mounted Strobe Light 47669342001 $293.00 $249.05 Post Mounted Strobe Light, Electric 105155501 $520.00 $442.00 Post Mounted Strobe Light, Gas 105155601 $520.00 $442.00 Canopy Mounted ECCO Strobe Kit 47665581001 $303.00 $257.55 Number Decals: Standard Decal $10.00 $8.50 Custom Decal $24.00 $20.40 Custom Logos: Custom, Installed, each BY INSTL LOCATION $28.00 $23.80 Single Point Watering System and Accessories (Electric Vehicle Only): Hand Pump for Single Point System (order one for non-fleet/individual)104006101 $80.00 $68.00 Single Point Battery Watering System 105300301 $315.00 $267.75 Deionizer water purification system (required one per fleet, comes with 1 filter cartridge and regulated hose)105166801 $508.00 $431.80 Other Accessories: Pedal Opening Weather Guard 105149102 $33.00 $28.05 USB port adjacent to 12V Powerpint 47675266001 $117.00 $99.45 Locking Glovebox Door 105139702 $119.00 $101.15 Aluminum Locking Toolbox, Cargo Box 101837502 $384.00 $326.40 Aluminum Toolbox, Flatbed 101837401 $404.00 $343.40 Carryall 700 Pricing Guide Page 20 of 68 DocuSign Envelope ID: C1E378DC-8E37-4254-A22C-84146580C109 Part Number U.S. Suggested List Price City of KC/OMNIA Partners $ CARRYALL 700 Description Electric Vehicle: Differential Guard 105118701 $44.00 $37.40 4-Digit Security Pad for Electric Vehicles SVP705001 $540.00 $459.00 Gas Vehicle: Differential Guard, Gas 103992401 $44.00 $37.40 Spark Arrestor 101629004 $66.00 $56.10 Magnetic Drain Plug for Oil Pan 47653326001 $139.00 $118.15 Magnetic Drain Plug for Open Differential SVP720601 $80.00 $68.00 4-Digit Security Pad for Gas Vehicles SVP705002 $540.00 $459.00 VersAttach Packages VersAttach Grounds Electric:C700E_VERS_GRND $442.00 $375.70 VersAttach Grounds Gas:C700G_VERS_GRND $442.00 $375.70 VersAttach Grounds HP:700HP_VERSA_GND $442.00 $375.70 VersAttach Flex Grip Single Tool Holder (Pair for Light tools)Included Included Included VersAttach Multi-tool Holder (Pair, Holds 3 Long Handle Tools)Included Included Included VersAttach Ratcheting Grip Tool Holder (Pair, for Trimmers)Included Included Included VersAttach Leaf Blower Holder (Single)Included Included Included VersAttach Facility Electric:C700E_VERS_FACL $801.00 $680.85 VersAttach Facility Gas:C700G_VERS_FACL $801.00 $680.85 VersAttach Facility HP:700HP_VERSA_FAC $801.00 $680.85 VersAttach Bucket Holder (Single)Included Included Included VersAttach Ladder Rack (Pair)Included Included Included VersAttach Poly Tool Box Included Included Included VersAttach Accessories: VersAttach Rail Mount (Pair, Included in kits below)105160401 $42.00 $35.70 VersAttach Tie Down (Pair)105160901 $51.00 $43.35 VersAttach Bucket Holder (Single)105160501 $65.00 $55.25 VersAttach Flex Grip Single Tool Holder (Pair for Light tools)105161101 $86.00 $73.10 VersAttach Multi-tool Holder (Pair, Holds 3 Long Handle Tools)105160801 $86.00 $73.10 VersAttach Ratcheting Grip Tool Holder (Pair, for Trimmers)105161001 $96.00 $81.60 VersAttach Bed Divider (Single)105161201 $145.00 $123.25 VersAttach Leaf Blower Holder (Single)105161401 $182.00 $154.70 VersAttach Ladder Rack (Pair)105161501 $374.00 $317.90 VersAttach Poly Tool Box 105161601 $363.00 $308.55 Cab Packages and Accessories Add the accessory pricing below to the price of the standard vehicle, FOB Augusta, GA. All prices are applicable only to accessories purchased and shipped with new vehicle orders. Prices do not include installation at the factory. Part numbers preceeded with SVP are subject to change without notice. Please refer to Custom Solutions price list for the most up to date pricing. Curtis Cab Packages ROPS certified (Requires Extra Heavy Duty Front Suspension 105115901): Gas Vehicle: *Basic Cab (47552900003, 105234101) (Includes frame, canopy, pop open windshield, windshield wiper, 2-pt seat belts, jumper harness)$3,244.00 $2,757.40 *Basic Cab with AS1 Windshield (47743642001, 105234101) (Includes frame, canopy, pop open AS1 certified windshield, windshield wiper, 2-pt seat belts, jumper harness)$4,392.00 $3,733.20 *Range Cab (47587415002, 105124101) (Includes frame, canopy, polycarbonate windshield, range doors, rear panel, 2-pt seat belts, Range Picker Adapter Kit)$5,691.00 $4,837.35 *Complete Cab (47587415001, 105234101) (Includes frame, canopy, windshield, windshield wiper, doors, flip-up rear window, 2-pt seatbelts & rear overhead cargo net. Requires 105115901 - 2 Leaf Suspension, 105234101 Gas Power Harness) $5,564.00 $4,729.40 Electric Vehicle: Basic Cab (47587415003,105234001)(Includes frame, canopy, pop open windshield, windshield wiper, 2-pt seat belts, jumper harness)$3,234.00 $2,748.90 *Basic Cab with AS1 Windshield (47743642001, 105234001)(Includes frame, canopy, pop open AS1 certified windshield, windshield wiper, 2-pt seat belts, jumper harness)$4,382.00 $3,724.70 *Range Cab (47587415002, 105124101)(Includes frame, canopy, polycarbonate windshield, range doors, rear panel, 2-pt seat belts, and Range Picker Adapter Kit)$5,691.00 $4,837.35 *Complete Cab (47587415001, 105234001) (Includes frame, canopy, windshield, windshield wiper, doors, flip-up rear window, 2-pt seatbelts & rear overhead cargo net. Requires 105115901 - 2 Leaf Suspension, 105234001 Electric Power Harness) $5,554.00 $4,720.90 Curtis Cab Accessories: (Requires Curtis Cab) (Accessories with '+' require Overhead Console on Gas and Electric Vehicles and is not included in the price below) Interior Rear View Mirror 47587416001 $99.00 $84.15 Cab Rear Window-Bed Interlock Kit (Required with Doors and Rear window selection at additional charge 47696841001 $107.00 $90.95 + Premium dome light that swivels for improved functionality 47587421001 $116.00 $98.60 + Roof mounted amber strobe light 47587418001 $208.00 $176.80 Driver & Passenger external side view mirrors 47587417001 $227.00 $192.95 Rear Window only for Curtis Basic Cab or Basic Cab with AS1 windshield 47743640001 $340.00 $289.00 + Roof mounted, forward facing LED work lights (set of 2)47587419001 $346.00 $294.10 + Roof Mounted Rear Facing LED Work Lights (Set of 2)47587419002 $370.00 $314.50 + Cab Windshield Washer Kit 47693131001 $256.00 $217.60 Overhead controls console including switches and electrical harness 47587420001 $599.00 $509.15 Range Picker Adapter Kit (Picker mount, brushguard, headlight guard) 105124101 $596.00 $506.60 Heater/Defogger (Electric Car only)SVP1052701 $1,200.00 $1,020.00 + AS1 Windshield Kit 47690989001 $1,253.00 $1,065.05 Doors and Rear Window (Only selectable with Basic Cab)-Requires interlock kit 47690985001 $2,615.00 $2,222.75 Doors only kit for Curtis Basic Cab or Basic Cab with AS1 windshield 47743641001 $2,638.00 $2,242.30 Electric Vehicle: Car to Cab Jumper Harness (Electric Cars)105234001 $55.00 $46.75 Gas Vehicle: Car to Cab Jumper Harness (Gas Cars)105234101 $65.00 $55.25 * These items will be priced individually in CustomerView and the sum of the items will equal the price shown above. The company reserves the right to make design changes in its products without obligation to make these changes on units previously sold. Pricing is FOB Augusta, GA, does not include crating charges and is subject to change without notice. All orders are subject to acceptance by Club Car LLC Post Office Box 204658 Augusta, Georgia 30917-4658 Telephone: (706) 863-3000 Fax: (706) 860-7231 Carryall 700 Pricing Guide Page 21 of 68 DocuSign Envelope ID: C1E378DC-8E37-4254-A22C-84146580C109 2023 Carryall 900 Electric & Gas Effective February 18, 2022 Part Number U.S. Suggested List Price City of KC/OMNIA Partners $ CARRYALL 900 Carryall 900 Electric: 500 amp IQPlus Drive System, 4-wheel brakes 105312801 $24,053.00 $19,242.40 Carryall 900 Gasoline: **14 hp (429cc) Overhead Valve with Closed Loop EFI Engine, Pedal Start, 4-wheel brakes 105312501 $24,053.00 $19,242.40 STANDARD EQUIPMENT: White Cowl Standard No Charge No Charge Gray Seat Standard No Charge No Charge Premium Tire 6-ply rated - 20x10-10 Standard No Charge No Charge Four Wheel Brakes Standard No Charge No Charge 12V Powerpoint Standard No Charge No Charge Flat Bed Standard No Charge No Charge Halogen Headlights Standard No Charge No Charge Pedal Opening Weather Guard Standard No Charge No Charge Rear Fender Guard Kit Standard No Charge No Charge Power Steering Standard No Charge No Charge Electric Vehicle: IQPlus Drive System w/ 500 amp Motor Controller Standard No Charge No Charge On-Board Hi-Freq Charger with Reel Standard No Charge No Charge Hour Meter Standard No Charge No Charge Heavy Duty 6V Batteries Standard No Charge No Charge Extra Heavy Duty Front Suspension Standard No Charge No Charge DC-DC Converter, 25A Standard No Charge No Charge Battery Capcity Indicator Standard No Charge No Charge Differential Guard Standard No Charge No Charge AC Drive Standard No Charge No Charge Gas Vehicle **14 hp (429cc)Overhead Valve with Closed Loop EFI Engine Standard No Charge No Charge Key Start Standard No Charge No Charge Extra Heavy Duty Front Suspension Standard No Charge No Charge Differential Guard Standard No Charge No Charge Fuel Gauge/Hour Meter Standard No Charge No Charge **rating at 3600 rpm per SAE J1940 REQUIRED OPTIONS Body Color: White Cowl 105120003 No Charge No Charge Dark Green Cowl 105120001 No Charge No Charge Dark Gray Cowl 105120002 No Charge No Charge Bright Blue Cowl 105120004 No Charge No Charge Beige Cowl 105120006 $91.00 $77.35 Red Cowl 105120007 $91.00 $77.35 Black Cowl 105120008 $91.00 $77.35 Classic Blue Cowl 105120009 $91.00 $77.35 Titanium Silver Cowl 105120005 $133.00 $113.05 Custom Color Cowl 105120010 Quote Quote Seats: Gray Seat 105250303 No Charge No Charge White Seat 105250301 $117.00 $99.45 Black Seat 105250302 $117.00 $99.45 Beige Seat 105250305 $117.00 $99.45 Custom Seat Color 105250304 Quote Quote Rear Car Option: Flat Bed SVP844601 No Charge No Charge Cargo Box SVP844501 $2,060.00 $1,751.00 Stake Side Bed SVP910001 $3,000.00 $2,550.00 Tires: Extra Traction 6-ply rated - 20x10-10 (Front)105078702 No Charge No Charge Extra Traction 6-ply rated - 20x10-10 (Rear)105078722 No Charge No Charge Required Options for Electric Vehicles: Key Switches: Standard Keyswitch 105148102 No Charge No Charge Alternate Keyswitch 105148103 No Charge No Charge Required Options for Gas Cars Only: Starting: Key Start No Charge No Charge Pedal Start No Charge No Charge Transaxle: Standard Transaxle 103976601 No Charge No Charge Transaxle w/ LSD 103976602 $416.00 $353.60 ACCESSORIES Add the optional equipment pricing below to the price of the standard vehicle, FOB Augusta, GA. All prices are applicable only to optional equipment purchased and shipped with new vehicle orders and include installation at the factory. Part numbers preceded with SVP are subject to change without notice. Please refer to the Custom Solutions price list for the most up to date pricing. Trailer Hitch and Trailer Hitch Balls: Trailer Hitch Ball - 1 7/8"1011546 $10.00 $8.50 Trailer Hitch Ball - 50mm 104033601 $31.00 $26.35 Heavy Duty Trailer Hitch 101972901 $109.00 $92.65 Heavy Duty 2" Rear Receiver 102065101 $119.00 $101.15 Pintle Hook with Lock SVP165701 $420.00 $357.00 Pintle Ball Combo with lock SVP175201 $640.00 $544.00 Triple Ball Pintle Hitch Combo SVP316201 $220.00 $187.00 Description Carryall 900 Pricing Guide Page 22 of 68 DocuSign Envelope ID: C1E378DC-8E37-4254-A22C-84146580C109 Part Number U.S. Suggested List Price City of KC/OMNIA Partners $ CARRYALL 900 Description Front & Rear Guards: Heavy Duty Front Brushguard 47605991001 $384.00 $326.40 Headlight Guard for Heavy Duty Brushguard 105156301 $70.00 $59.50 Front Fender Guards 105124001 $114.00 $96.90 Lighting Options: Headlights: Halogen Headlights 105122701 No Charge No Charge LED Headlight Upgrade 105122702 $230.00 $195.50 Electric Vehicle: Tail Lights, Brake Lights, Turn Signals and Horn SVP963601 No Charge No Charge Gas Vehicle: Tail Lights, Brake Lights, Turn Signals and Horn 105122806 No Charge No Charge Windshields: Solid Windshield 105109201 $160.00 $136.00 Hinged Windshield 105109101 $182.00 $154.70 Canopy: White Canopy, Front Seats Only (requires Strut kit 47610630001 at no additional charge)105072001 $502.00 $426.70 Beige Canopy, Front Seats Only (requires Strut kit 47610630001 at no additional charge)105072002 $502.00 $426.70 Black Canopy, Front Seats Only (requires Strut kit 47610630001 at no additional charge)105072003 $502.00 $426.70 Soft Full Length Canopy, White (Requires Canopy Strut Kit SVP1120701 at additional charge)SVP1041103 $1,000.00 $850.00 Soft Full Length Canopy, Black (Requires Canopy Strut Kit SVP1120701 at additional charge)SVP1041102 $1,000.00 $850.00 Soft Full Length Canopy, Beige (Requires Canopy Strut Kit SVP1120701 at additional charge)SVP1041101 $1,000.00 $850.00 Soft Full Length Canopy Strut Kit SVP1120701 $2,200.00 $1,870.00 Enclosures: White Enclosure, Front Seats Only 105124301 $587.00 $498.95 Beige Enclosure, Front Seats Only 105124302 $587.00 $498.95 Black Enclosure, Front Seats Only 105124501 $587.00 $498.95 Reflectors: Standard Reflector Package 105144701 $39.00 $33.15 Reflector Package (4 Rectangular Red, 2 Round Amber)SVP398201 $80.00 $68.00 2 Round Amber, 4 round Red Reflectors (vehicles not equipped with a cargo box or flat bed)SVP303101 $60.00 $51.00 Rear Mounted Safety Triangle SVP533701 $140.00 $119.00 Mirror Kits: 5 Panel Rear View Mirror 105288801 $92.00 $78.20 Non-Cab Side Mirror set 47710012001 $222.00 $188.70 Strobe Lights: Canopy Mounted Strobe Light 47669342001 $293.00 $249.05 Post Mounted Strobe Light, Electric 105155501 $520.00 $442.00 Post Mounted Strobe Light, Gas 105155601 $520.00 $442.00 Canopy Mounted ECCO Strobe Kit 47665581001 $303.00 $257.55 Number Decals: Standard Decal $10.00 $8.50 Custom Decal $24.00 $20.40 Single Point Watering System and Accessories (Electric Vehicles Only): Hand Pump for Single Point System (order one for non-fleet/individual)104006101 $80.00 $68.00 Deionizer water purification system (required one per fleet, comes with 1 filter cartridge and regulated hose)105166801 $508.00 $431.80 Other Accessories: 5-Spoke Silver Wheel Cover (set of 4)105106401 $75.00 $63.75 Locking Glovebox Door 105139702 $119.00 $101.15 Aluminum Locking Toolbox, Cargo Box 101837502 $384.00 $326.40 Aluminum Toolbox, Flatbed 101837401 $404.00 $343.40 Electric Vehicle Only: Wig-Wag lights for Electric vehicles SVP718902 $580.00 $493.00 4-Digit Security Pad for Electric Vehicles SVP705001 $540.00 $459.00 Gas Vehicle Only: Spark Arrestor 101629004 $66.00 $56.10 Magnetic Drain Plug for Open Differential SVP720601 $80.00 $68.00 Magnetic Drain Plug for Oil Pan 47653326001 $139.00 $118.15 Wig-Wag lights for Gas vehicles SVP718901 $580.00 $493.00 4-Digit Security Pad for Gas Vehicles SVP705002 $540.00 $459.00 VersAttach Accessories: VersAttach Rail Mount (Pair, Included in kits below)105160401 $42.00 $35.70 VersAttach Tie Down (Pair)105160901 $51.00 $43.35 VersAttach Bucket Holder (Single)105160501 $65.00 $55.25 VersAttach Flex Grip Single Tool Holder (Pair for Light tools)105161101 $86.00 $73.10 VersAttach Multi-tool Holder (Pair, Holds 3 Long Handle Tools)105160801 $86.00 $73.10 VersAttach Ratcheting Grip Tool Holder (Pair, for Trimmers)105161001 $96.00 $81.60 VersAttach Bed Divider (Single)105161201 $145.00 $123.25 VersAttach Leaf Blower Holder (Single)105161401 $182.00 $154.70 VersAttach Ladder Rack (Pair)105161501 $374.00 $317.90 VersAttach Poly Tool Box 105161601 $363.00 $308.55 * These items will be priced individually in CustomerView and the sum of the items will equal the price shown above. The company reserves the right to make design changes in its products without obligation to make these changes on units previously sold. Pricing is FOB Augusta, GA, does not include crating charges and is subject to change without notice. All orders are subject to acceptance by Club Car LLC Post Office Box 204658 Augusta, Georgia 30917-4658 Telephone: (706) 863-3000 Fax: (706) 860-7231 Carryall 900 Pricing Guide Page 23 of 68 DocuSign Envelope ID: C1E378DC-8E37-4254-A22C-84146580C109 2023 Transporter Electric & Gas Effective February 18, 2022 Part Number U.S. Suggested List Price City of KC/OMNIA Partners $ TRANSPORTER Transporter Electric: 500 amp IQPlus Drive System, 4-wheel brakes 104031301 $14,430.00 $11,544.00 Transporter Gasoline: **14 hp (429cc) Overhead Valve with Closed Loop EFI Engine, Pedal Start, 4-wheel brakes 104031401 $14,693.00 $11,754.40 Transporter HP Electric AC 47707529001 $16,030.00 $12,824.00 STANDARD EQUIPMENT: White Cowl Standard No Charge No Charge Gray Seat Standard No Charge No Charge Premium Tire 6-ply rated - 20x10-10 Standard No Charge No Charge Four Wheel Brakes Standard No Charge No Charge 12V Powerpoint Standard No Charge No Charge Stake Side Bed Standard No Charge No Charge Halogen Headlights, Taillights, Brakelights, Horn Standard No Charge No Charge Electric Vehicle: IQPlus Drive System w/ 500 amp Motor Controller Standard No Charge No Charge On-Board Hi-Freq Charger with 15 foot (4.6m) Cord Reel Standard No Charge No Charge Hour Meter Standard No Charge No Charge Standard Duty 6V Batteries Standard No Charge No Charge Extra Heavy Duty Front Suspension Standard No Charge No Charge DC-DC Converter, 25A Standard No Charge No Charge Battery Capacity Indicator Standard No Charge No Charge Gas Vehicle Heavy Duty Front Suspension Standard No Charge No Charge Fuel Gauge/Hour Meter Standard No Charge No Charge **rating at 3600 rpm per SAE J1940 REQUIRED OPTIONS Body Color: White Cowl 105120003 No Charge No Charge Dark Green Cowl 105120001 No Charge No Charge Dark Gray Cowl 105120002 No Charge No Charge Bright Blue Cowl 105120004 No Charge No Charge Beige Cowl 105120006 $91.00 $77.35 Red Cowl 105120007 $91.00 $77.35 Black Cowl 105120008 $91.00 $77.35 Classic Blue Cowl 105120009 $91.00 $77.35 Titanium Silver Cowl 105120005 $133.00 $113.05 Custom Color Cowl 105120010 Quote Quote Seats: Gray Seat 105250303 No Charge No Charge White Seat 105250301 $117.00 $99.45 Black Seat 105250302 $117.00 $99.45 Beige Seat 105250305 $117.00 $99.45 Custom Seat Color 105250304 Quote Quote Rear Car Option: Stake Side Bed 105109401 No Charge No Charge Flat Bed 105122201 No Charge No Charge Cargo Box includes Tailgate Tether 105122101 $114.00 $96.90 Fold Down Rear Seat Installation (Color Cushion Included In Price)47639342001 $1,695.00 $1,440.75 Headlights: LED Headlight Upgrade 105122702 $230.00 $195.50 Required Options for Electric Vehicles: Batteries: Standard Duty 6V Batteries Standard No Charge No Charge Extended Range Battery Upgrade 105140202 $694.00 $589.90 Standard Duty 6V Batteries (HP Vehicles)47715035001 No Charge No Charge Extended Range Battery Upgrade (HP Vehicles)47715035002 $694.00 $589.90 Required Options for Gas Cars Only: Starting: Key Start No Charge No Charge Pedal Start No Charge No Charge Transaxle: Standard Transaxle 103976601 No Charge No Charge Transaxle w/ Limited Slip Differential 103976602 $416.00 $353.60 Description Transporter Pricing Guide Page 24 of 68 DocuSign Envelope ID: C1E378DC-8E37-4254-A22C-84146580C109 Part Number U.S. Suggested List Price City of KC/OMNIA Partners $ TRANSPORTER Description ACCESSORIES Add the optional equipment pricing below to the price of the standard vehicle, FOB Augusta, GA. All prices are applicable only to optional equipment purchased and shipped with new vehicle orders and include installation at the factory. Part numbers preceded with SVP are subject to change without notice. Please refer to the Custom Solutions price list for the most up to date pricing. Tires: Extra Traction 6-ply rated - 20x10-10 (Front)105078702 No Charge No Charge Extra Traction 6-ply rated - 20x10-10 (Rear)105078722 No Charge No Charge Front Suspension: Electric Vehicle: Extra Heavy Duty Front Suspension 105115901 No Charge No Charge Gas Vehicle: Heavy Duty Front Suspension 105115801 No Charge No Charge Extra Heavy Duty Front Suspension 105115901 $33.00 $28.05 Key Switches: Standard Keyswitch No Charge No Charge Alternate Keyswitch No Charge No Charge Custom Logos: Custom, Installed, each BY INSTL LOCATION $28.00 $23.80 Wheel Covers: 5-Spoke Silver Wheel Cover (set of 4)105106401 $75.00 $63.75 Trailer Hitch and Trailer Hitch Balls: Trailer Hitch Ball - 1 7/8"1011546 $10.00 $8.50 Trailer Hitch Ball - 50mm 104033601 $31.00 $26.35 Heavy Duty Trailer Hitch 101972901 $109.00 $92.65 Heavy Duty 2" Rear Receiver 102065101 $119.00 $101.15 Front & Rear Guards: Heavy Duty Front Brushguard 47605991001 $384.00 $326.40 Headlight Guard for Heavy Duty Brushguard 105156301 $70.00 $59.50 Front Fender Guards 105124001 $114.00 $96.90 Rear Fender Guard Kit 47653325002 $337.00 $286.45 Lighting Options: Electric Vehicle: Tail Lights, Brake Lights and Horn 105122802 No Charge No Charge Tail Lights, Brake Lights, Turn Signals and Horn 105122804 $150.00 $127.50 Gas Vehicle: Tail Lights, Brake Lights and Horn 105122805 No Charge No Charge Tail Lights, Brake Lights, Turn Signals and Horn 105122806 $150.00 $127.50 Canopy: White Long Canopy (full coverage of first and second row of seats)105077601 $959.00 $815.15 Black Long Canopy (full coverage of first and second row of seats)105077603 $959.00 $815.15 Beige Long Canopy (full coverage of first and second row of seats)105077602 $959.00 $815.15 Custom Color Long Canopy (full coverage of first and second row of seats)105077604 Quote Quote Windshields: Solid Windshield 105109201 $160.00 $136.00 Hinged Windshield 105109101 $182.00 $154.70 Marine Grade Fabric Enclosures: White 4-pass Enclousre 105168801 $875.00 $743.75 Beige 4-pass Enclosure 105168804 $875.00 $743.75 Black 4-pass Enclosure 105168803 $875.00 $743.75 White 6-pass Enclosure 105168805 $1,040.00 $884.00 Beige 6-pass Enclosure 105168808 $1,040.00 $884.00 Black 6-pass Enclosure 105168807 $1,040.00 $884.00 Reflectors: Standard Reflector Package 105144701 $39.00 $33.15 Reflector Package (4 Rectangular Red, 2 Round Amber)SVP398201 $80.00 $68.00 2 Round Amber, 4 round Red Reflectors (vehicles not equipped with a cargo box or flat bed)SVP303101 $60.00 $51.00 Rear Mounted Safety Triangle SVP533701 $140.00 $119.00 Mirror Kits: 5 Panel Rear View Mirror 105288801 $92.00 $78.20 Non-Cab Side Mirror set 47710012001 $222.00 $188.70 Strobe Lights: Canopy Mounted Strobe Light 47669342001 $293.00 $249.05 Post Mounted Strobe Light, Electric 105155501 $520.00 $442.00 Post Mounted Strobe Light, Gas 105155601 $520.00 $442.00 Canopy Mounted ECCO Strobe Kit 47665581001 $303.00 $257.55 Number Decals: Standard Decal $10.00 $8.50 Custom Decal $24.00 $20.40 Single Point Watering System and Accessories (Electric Vehicles Only): Hand Pump for Single Point System (order one for non-fleet/individual)104006101 $80.00 $68.00 Single Point Watering System 103943001 $253.00 $215.05 Deionizer water purification system (required one per fleet, comes with 1 filter cartridge and regulated hose)105166801 $508.00 $431.80 Other Accessories: Pedal Opening Weather Guard 105149102 $33.00 $28.05 USB port adjacent to 12V Powerpint 47675266001 $117.00 $99.45 Locking Glovebox Door 105139702 $119.00 $101.15 Aluminum Locking Toolbox, Cargo Box 101837502 $384.00 $326.40 Aluminum Toolbox, Flatbed 101837401 $404.00 $343.40 Transporter Pricing Guide Page 25 of 68 DocuSign Envelope ID: C1E378DC-8E37-4254-A22C-84146580C109 Part Number U.S. Suggested List Price City of KC/OMNIA Partners $ TRANSPORTER Description Electric Vehicle Only: Differential Guard 105118701 $44.00 $37.40 4-Digit Security Pad for Electric Vehicles SVP705001 $540.00 $459.00 Gas Vehicle Only: Differential Guard, Gas 103992401 $44.00 $37.40 Spark Arrestor 101629004 $66.00 $56.10 Magnetic Drain Plug for Open Differential SVP720601 $80.00 $68.00 Magnetic Drain Plug for Oil Pan 47653326001 $139.00 $118.15 4-Digit Security Pad for Gas Vehicles SVP705002 $540.00 $459.00 VersAttach Accessories: VersAttach Rail Mount (Pair, Included in kits below)105160401 $42.00 $35.70 VersAttach Tie Down (Pair)105160901 $51.00 $43.35 VersAttach Bucket Holder (Single)105160501 $65.00 $55.25 VersAttach Flex Grip Single Tool Holder (Pair for Light tools)105161101 $86.00 $73.10 VersAttach Multi-tool Holder (Pair, Holds 3 Long Handle Tools)105160801 $86.00 $73.10 VersAttach Ratcheting Grip Tool Holder (Pair, for Trimmers)105161001 $96.00 $81.60 VersAttach Bed Divider (Single)105161201 $145.00 $123.25 VersAttach Leaf Blower Holder (Single)105161401 $182.00 $154.70 VersAttach Ladder Rack (Pair)105161501 $374.00 $317.90 VersAttach Poly Tool Box 105161601 $363.00 $308.55 * These items will be priced individually in CustomerView and the sum of the items will equal the price shown above. The company reserves the right to make design changes in its products without obligation to make these changes on units previously sold. Pricing is FOB Augusta, GA, does not include crating charges and is subject to change without notice. All orders are subject to acceptance by Club Car LLC Post Office Box 204658 Augusta, Georgia 30917-4658 Telephone: (706) 863-3000 Fax: (706) 860-7231 Transporter Pricing Guide Page 26 of 68 DocuSign Envelope ID: C1E378DC-8E37-4254-A22C-84146580C109 2023 Transporter XL Electric & Gas Effective February 18, 2022 Part Number U.S. Suggested List Price City of KC/OMNIA Partners $ TRANSPORTER XL Transporter XL Electric 105312601 $24,053.00 $19,242.40 Transporter XL Gasoline 105312301 $24,053.00 $19,242.40 STANDARD EQUIPMENT: White Cowl Standard No Charge No Charge Gray Seat Standard No Charge No Charge Premium Tire 6-ply rated - 20x10-10 Standard No Charge No Charge Four Wheel Brakes Standard No Charge No Charge 12V Powerpoint Standard No Charge No Charge Flat Bed Standard No Charge No Charge Halogen Headlights Standard No Charge No Charge Rear Fender Guard Kit Standard No Charge No Charge Power Steering Standard No Charge No Charge Electric Vehicle: IQPlus Drive System w/ 500 amp Motor Controller Standard No Charge No Charge On-Board Hi-Freq Charger with Reel Standard No Charge No Charge Hour Meter Standard No Charge No Charge Differential Guard Standard No Charge No Charge Heavy Duty 6V Batteries Standard No Charge No Charge Extra Heavy Duty Front Suspension Standard No Charge No Charge DC-DC Converter, 25A Standard No Charge No Charge Battery Capcity Indicator Standard No Charge No Charge SPWS Standard No Charge No Charge AC Drive Standard No Charge No Charge Gas Vehicle **14 hp (429cc) Overhead Valve with Closed Loop EFI Engine, Pedal Start Standard No Charge No Charge Key Start Standard No Charge No Charge Extra Heavy Duty Front Suspension Standard No Charge No Charge Differential Guard Standard No Charge No Charge Fuel Gauge/Hour Meter Standard No Charge No Charge **rating at 3600 rpm per SAE J1940 REQUIRED OPTIONS Body Color: White Cowl 105120003 No Charge No Charge Dark Green Cowl 105120001 No Charge No Charge Dark Gray Cowl 105120002 No Charge No Charge Bright Blue Cowl 105120004 No Charge No Charge Beige Cowl 105120006 $91.00 $77.35 Red Cowl 105120007 $91.00 $77.35 Black Cowl 105120008 $91.00 $77.35 Classic Blue Cowl 105120009 $91.00 $77.35 Titanium Silver Cowl 105120005 $133.00 $113.05 Custom Color Cowl 105120010 Quote Quote Seats: Gray Seat 105064203 No Charge No Charge White Seat 105064201 $59.00 $50.15 Black Seat 105064202 $59.00 $50.15 Beige Seat 105064209 $117.00 $99.45 Custom Color Seat 105064204 Quote Quote Rear Car Option: 4 Passenger with CA700 sized bed Flat Bed 105122203 No Charge No Charge Cargo Box includes Tailgate Tether 105122103 $886.00 $753.10 Stake Side Bed SVP741201 $1,240.00 $1,054.00 Folddown Cargo Box SVP763203 $3,785.00 $3,217.25 6 Passenger with CA300 sized bed Flat Bed 105122201 No Charge No Charge Cargo Box includes Tailgate Tether 105122101 $844.00 $717.40 Stake Side Bed SVP801201 $1,060.00 $901.00 Fold Down Cargo Box SVP706901 $2,200.00 $1,870.00 8 Passenger with Rear Fold Down Seat Fold Down Rear Seat Installation (Color Cushion Included In Price)47639342001 $1,695.00 $1,440.75 Tires: Extra Traction 6-ply rated - 20x10-10 (Front)105078702 No Charge No Charge Extra Traction 6-ply rated - 20x10-10 (Rear)105078722 No Charge No Charge Description Transporter XL Pricing Guide Page 27 of 68 DocuSign Envelope ID: C1E378DC-8E37-4254-A22C-84146580C109 Part Number U.S. Suggested List Price City of KC/OMNIA Partners $ TRANSPORTER XL Description Required Options for Electric Vehicles: Key Switches: Standard Keyswitch 105148102 No Charge No Charge Alternate Keyswitch 105148103 No Charge No Charge Batteries: Extended Range Battery Upgrade 105140202 No Charge No Charge Required Options for Gas Cars Only: Starting: Key Start No Charge No Charge Pedal Start No Charge No Charge Transaxle: Standard Transaxle 103976601 No Charge No Charge Transaxle w/ LSD 103976602 $416.00 $353.60 ACCESSORIES Add the optional equipment pricing below to the price of the standard vehicle, FOB Augusta, GA. All prices are applicable only to optional equipment purchased and shipped with new vehicle orders and include installation at the factory. Part numbers preceded with SVP are subject to change without notice. Please refer to the Custom Solutions price list for the most up to date pricing. Trailer Hitch and Trailer Hitch Balls: Trailer Hitch Ball - 1 7/8"1011546 $10.00 $8.50 Trailer Hitch Ball - 50mm 104033601 $31.00 $26.35 Heavy Duty Trailer Hitch 101972901 $109.00 $92.65 Heavy Duty 2" Rear Receiver 102065101 $119.00 $101.15 Triple Ball Pintle Hitch Combo SVP316201 $220.00 $187.00 Pintle Hook with Lock SVP165701 $420.00 $357.00 Pintle Ball Combo with lock SVP175201 $640.00 $544.00 Front & Rear Guards: Heavy Duty Front Brushguard 47605991001 $384.00 $326.40 Headlight Guard for Heavy Duty Brushguard 105156301 $70.00 $59.50 Front Fender Guards 105124001 $114.00 $96.90 Lighting Options: Headlights: Halogen Headlights 105122701 No Charge No Charge LED Headlight Upgrade 105122702 $230.00 $195.50 Electric Vehicle: Tail Lights, Brake Lights, Turn Signals and Horn SVP963601 No Charge No Charge Gas Vehicle: Tail Lights, Brake Lights, Turn Signals and Horn 105122806 No Charge No Charge Canopy: White Long Canopy (full coverage of first and second row of seats)105077601 $959.00 $815.15 Beige Long Canopy (full coverage of first and second row of seats)105077602 $959.00 $815.15 Black Long Canopy (full coverage of first and second row of seats)105077603 $959.00 $815.15 Custom Color Long Canopy (full coverage of first and second row of seats)105077604 Quote Quote Soft Full Length Canopy, White (Requires Canopy Strut Kit SVP1059501 or SVP1120901 at additional charge)SVP1041103 $1,000.00 $850.00 Soft Full Length Canopy, Beige (Requires Canopy Strut Kit SVP1059501 or SVP1120901 at additional charge)SVP1041101 $1,000.00 $850.00 Soft Full Length Canopy, Black (Requires Canopy Strut Kit SVP1059501 or SVP1120901 at additional charge)SVP1041102 $1,000.00 $850.00 Soft Canopy Strut Kit (6 or 8 Passenger Cars)SVP1059501 $2,000.00 $1,700.00 Soft Canopy Strut Kit (4 Passenger Cars)SVP1120901 $2,080.00 $1,768.00 Soft Full Length Canopy with Enclosure, White (Requires Canopy Strut Kit SVP1059501 at additional charge)SVP1085403 $2,380.00 $2,023.00 Soft Full Length Canopy with Enclosure, Beige (Requires Canopy Strut Kit SVP1059501 at additional charge)SVP1085401 $2,380.00 $2,023.00 Soft Full Length Canopy with Enclosure, Black (Requires Canopy Strut Kit SVP1059501 at additional charge)SVP1085402 $2,380.00 $2,023.00 Windshields: Solid Windshield 105109201 $160.00 $136.00 Hinged Windshield 105109101 $182.00 $154.70 Enclosures: Black Enclosure, Front Seats Only 105124501 $587.00 $498.95 Beige Enclosure, Front Seats Only 105124302 $587.00 $498.95 White Enclosure, Front Seats Only 105124301 $587.00 $498.95 White 4-pass Enclousre 105168801 $875.00 $743.75 Black 4-pass Enclosure 105168803 $875.00 $743.75 Beige 4-pass Enclosure 105168804 $875.00 $743.75 Reflectors: Standard Reflector Package 105144701 $39.00 $33.15 Reflector Package (4 Rectangular Red, 2 Round Amber)SVP398201 $80.00 $68.00 2 Round Amber, 4 round Red Reflectors (vehicles not equipped with a cargo box or flat bed)SVP303101 $60.00 $51.00 Rear Mounted Safety Triangle SVP533701 $140.00 $119.00 Mirror Kits: 5 Panel Rear View Mirror 105288801 $92.00 $78.20 Non-Cab Side Mirror set 47710012001 $222.00 $188.70 Strobe Lights: Canopy Mounted Strobe Kit 47669342001 $293.00 $249.05 Post Mounted Strobe Light, Electric 105155501 $520.00 $442.00 Post Mounted Strobe Light, Gas 105155601 $520.00 $442.00 Canopy Mounted ECCO Strobe Kit 47665581001 $303.00 $257.55 Number Decals: Standard Decal $10.00 $8.50 Custom Decal $24.00 $20.40 Single Point Watering System and Accessories (Electric Vehicles Only): Hand Pump for Single Point System (order one for non-fleet/individual)104006101 $80.00 $68.00 Deionizer water purification system (required one per fleet, comes with 1 filter cartridge and regulated hose)105166801 $508.00 $431.80 Transporter XL Pricing Guide Page 28 of 68 DocuSign Envelope ID: C1E378DC-8E37-4254-A22C-84146580C109 Part Number U.S. Suggested List Price City of KC/OMNIA Partners $ TRANSPORTER XL Description Other Accessories: USB port adjacent to 12V Powerpint 47675266001 $117.00 $99.45 Locking Glovebox Door 105139702 $119.00 $101.15 5-Spoke Silver Wheel Cover (set of 4)105106401 $75.00 $63.75 Aluminum Locking Toolbox, Cargo Box 101837502 $384.00 $326.40 Aluminum Toolbox, Flatbed 101837401 $404.00 $343.40 Rub Rails for Cargo Box or Flat Bed (CA300)SVP717501 $400.00 $340.00 Rub Rails for Cargo Box or Flat Bed (CA700)SVP717701 $460.00 $391.00 Rub Rails for Flip Seat SVP717801 $460.00 $391.00 Drop Down Bed Rails (CA300)SVP706601 $1,020.00 $867.00 Drop Down Bed Rails (CA700)SVP706603 $1,400.00 $1,190.00 Electric Vehicle Only: Wig-Wag lights for Electric vehicles SVP718902 $580.00 $493.00 4-Digit Security Pad for Electric Vehicles SVP705001 $540.00 $459.00 Gas Vehicle Only: Spark Arrestor 101629004 $66.00 $56.10 Wig-Wag lights for Gas vehicles SVP718901 $580.00 $493.00 Magnetic Drain Plug for Open Differential SVP720601 $80.00 $68.00 Magnetic Drain Plug for Oil Pan 47653326001 $139.00 $118.15 4-Digit Security Pad for Gas Vehicles SVP705002 $540.00 $459.00 VersAttach Accessories: VersAttach Rail Mount (Pair, Included in kits below)105160401 $42.00 $35.70 VersAttach Tie Down (Pair)105160901 $51.00 $43.35 VersAttach Bucket Holder (Single)105160501 $65.00 $55.25 VersAttach Flex Grip Single Tool Holder (Pair for Light tools)105161101 $86.00 $73.10 VersAttach Multi-tool Holder (Pair, Holds 3 Long Handle Tools)105160801 $86.00 $73.10 VersAttach Ratcheting Grip Tool Holder (Pair, for Trimmers)105161001 $96.00 $81.60 VersAttach Bed Divider (Single)105161201 $145.00 $123.25 VersAttach Leaf Blower Holder (Single)105161401 $182.00 $154.70 VersAttach Ladder Rack (Pair)105161501 $374.00 $317.90 VersAttach Poly Tool Box 105161601 $363.00 $308.55 * These items will be priced individually in CustomerView and the sum of the items will equal the price shown above. The company reserves the right to make design changes in its products without obligation to make these changes on units previously sold. Pricing is FOB Augusta, GA, does not include crating charges and is subject to change without notice. All orders are subject to acceptance by Club Car LLC. Post Office Box 204658 Augusta, Georgia 30917-4658 Telephone: (706) 863-3000 Fax: (706) 860-7231 Transporter XL Pricing Guide Page 29 of 68 DocuSign Envelope ID: C1E378DC-8E37-4254-A22C-84146580C109 2023 Transporter XLC Electric & Gas Effective February 18, 2022 Part Number U.S. Suggested List Price City of KC/OMNIA Partners $ TRANSPORTER XLC Transporter XLC Electric 105312701 $24,053.00 $19,242.40 Transporter XLC Gasoline 105312401 $24,053.00 $19,242.40 STANDARD EQUIPMENT: White Cowl Standard No Charge No Charge Gray Seat Standard No Charge No Charge Premium Tire 6-ply rated - 20x10-10 Standard No Charge No Charge Four Wheel Brakes Standard No Charge No Charge 12V Powerpoint Standard No Charge No Charge Flat Bed Standard No Charge No Charge Halogen Headlights Standard No Charge No Charge Rear Fender Guard Kit Standard No Charge No Charge Pedal Opening Weather Guard Standard No Charge No Charge Power Steering Standard No Charge No Charge Electric Vehicle: IQPlus Drive System w/ 500 amp Motor Controller Standard No Charge No Charge On-Board Hi-Freq Charger with Reel Standard No Charge No Charge Hour Meter Standard No Charge No Charge Differential Guard Standard No Charge No Charge Heavy Duty 6V Batteries Standard No Charge No Charge Extra Heavy Duty Front Suspension Standard No Charge No Charge DC-DC Converter, 25A Standard No Charge No Charge Battery Capcity Indicator Standard No Charge No Charge AC Drive Standard No Charge No Charge Gas Vehicle **14 hp (429cc) Overhead Valve with Closed Loop EFI, Pedal Start Standard No Charge No Charge Key Start Standard No Charge No Charge Extra Heavy Duty Front Suspension Standard No Charge No Charge Differential Guard Standard No Charge No Charge Fuel Gauge/Hour Meter Standard No Charge No Charge **rating at 3600 rpm per SAE J1940 REQUIRED OPTIONS Body Color: White Cowl 105120003 No Charge No Charge Dark Green Cowl 105120001 No Charge No Charge Dark Gray Cowl 105120002 No Charge No Charge Bright Blue Cowl 105120004 No Charge No Charge Beige Cowl 105120006 $91.00 $77.35 Red Cowl 105120007 $91.00 $77.35 Black Cowl 105120008 $91.00 $77.35 Classic Blue Cowl 105120009 $91.00 $77.35 Titanium Silver Cowl 105120005 $133.00 $113.05 Custom Color Cowl 105120010 Quote Quote Seats: Gray Seat 105250303 No Charge No Charge White Seat 105250301 $117.00 $99.45 Black Seat 105250302 $117.00 $99.45 Beige Seat 105250305 $117.00 $99.45 Custom Seat Color 105250304 Quote Quote Rear Car Option: Flat Bed 105122201 No Charge No Charge Cargo Box includes Tailgate Tether 105122101 $844.00 $717.40 Stake Side Bed SVP801201 $1,060.00 $901.00 Fold Down Rear Seat Installation (Color Cushion Included In Price)47639342001 $1,695.00 $1,440.75 Fold Down Cargo Box SVP706901 $2,200.00 $1,870.00 Tires: Extra Traction 6-ply rated - 20x10-10 (Front)105078702 No Charge No Charge Extra Traction 6-ply rated - 20x10-10 (Rear)105078722 No Charge No Charge Required Options for Electric Vehicles: Key Switches: Standard Keyswitch 105148102 No Charge No Charge Alternate Keyswitch 105148103 No Charge No Charge Batteries: Extended Range Battery Upgrade 105140202 No Charge No Charge Required Options for Gas Cars Only: Starting: Key Start No Charge No Charge Pedal Start No Charge No Charge Transaxle: Standard Transaxle 103976601 No Charge No Charge Transaxle w/ LSD 103976602 $416.00 $353.60 Description Transporter XLC Pricing Guide Page 30 of 68 DocuSign Envelope ID: C1E378DC-8E37-4254-A22C-84146580C109 Part Number U.S. Suggested List Price City of KC/OMNIA Partners $ TRANSPORTER XLC Description ACCESSORIES Add the optional equipment pricing below to the price of the standard vehicle, FOB Augusta, GA. All prices are applicable only to optional equipment purchased and shipped with new vehicle orders and include installation at the factory. Part numbers preceded with SVP are subject to change without notice. Please refer to the Custom Solutions price list for the most up to date pricing. Trailer Hitch and Trailer Hitch Balls: Trailer Hitch Ball - 1 7/8"1011546 $10.00 $8.50 Trailer Hitch Ball - 50mm 104033601 $31.00 $26.35 Heavy Duty Trailer Hitch 101972901 $109.00 $92.65 Heavy Duty 2" Rear Receiver 102065101 $119.00 $101.15 Triple Ball Pintle Hitch Combo SVP316201 $220.00 $187.00 Pintle Hook with Lock SVP165701 $420.00 $357.00 Pintle Ball Combo with lock SVP175201 $640.00 $544.00 Front & Rear Guards: Headlight Guard for Heavy Duty Brushguard 105156301 $70.00 $59.50 Front Fender Guards 105124001 $114.00 $96.90 Heavy Duty Front Brushguard 47605991001 $384.00 $326.40 Lighting Options: Headlights: Halogen Headlights 105122701 No Charge No Charge LED Headlight Upgrade 105122702 $230.00 $195.50 Electric Vehicle: Tail Lights, Brake Lights, Turn Signals and Horn SVP963601 No Charge No Charge Gas Vehicle: Tail Lights, Brake Lights, Turn Signals and Horn 105122806 No Charge No Charge Canopy: White Canopy, Front Seats Only (requires Strut kit 47610630001 at no additional charge)105072001 $502.00 $426.70 Beige Canopy, Front Seats Only (requires Strut kit 47610630001 at no additional charge)105072002 $502.00 $426.70 Black Canopy, Front Seats Only (requires Strut kit 47610630001 at no additional charge)105072003 $502.00 $426.70 Custom Color Canopy, Front Seat Only 105063307 Quote Quote Soft Full Length Canopy, White (Requires Canopy Strut Kit SVP1059501 or SVP1120901 at additional charge)SVP1041103 $1,000.00 $850.00 Soft Full Length Canopy, Beige (Requires Canopy Strut Kit SVP1059501 or SVP1120901 at additional charge)SVP1041101 $1,000.00 $850.00 Soft Full Length Canopy, Black (Requires Canopy Strut Kit SVP1059501 or SVP1120901 at additional charge)SVP1041102 $1,000.00 $850.00 Soft Canopy Strut Kit for 6 or 8 Passenger Cars SVP1059501 $2,000.00 $1,700.00 Soft Full Length Canopy with Enclosure, White (Requires Canopy Strut Kit SVP1120701 at additional charge)SVP1085403 $2,380.00 $2,023.00 Soft Full Length Canopy with Enclosure, Beige (Requires Canopy Strut Kit SVP1120701 at additional charge)SVP1085401 $2,380.00 $2,023.00 Soft Full Length Canopy with Enclosure, Black (Requires Canopy Strut Kit SVP1120701 at additional charge)SVP1085402 $2,380.00 $2,023.00 Soft Full Length Canopy Strut Kit SVP1120701 $2,200.00 $1,870.00 Windshields: Solid Windshield 105109201 $160.00 $136.00 Hinged Windshield 105109101 $182.00 $154.70 Tall Windshield SVP14206001 $427.00 $362.95 Enclosures: White Enclosure, Front Seats Only 105124301 $587.00 $498.95 Beige Enclosure, Front Seats Only 105124302 $587.00 $498.95 Black Enclosure, Front Seats Only 105124501 $587.00 $498.95 Reflectors: Standard Reflector Package 105144701 $39.00 $33.15 Reflector Package (4 Rectangular Red, 2 Round Amber)SVP398201 $80.00 $68.00 2 Round Amber, 4 round Red Reflectors (vehicles not equipped with a cargo box or flat bed)SVP303101 $60.00 $51.00 Rear Mounted Safety Triangle SVP533701 $140.00 $119.00 Mirror Kits: 5 Panel Rear View Mirror 105288801 $92.00 $78.20 Non-Cab Side Mirror set 47710012001 $222.00 $188.70 Strobe Lights: Canopy Mounted Strobe Light 47669342001 $293.00 $249.05 Post Mounted Strobe Light, Electric 105155501 $520.00 $442.00 Post Mounted Strobe Light, Gas 105155601 $520.00 $442.00 Canopy Mounted ECCO Strobe Kit 47665581001 $303.00 $257.55 Number Decals: Standard Decal $10.00 $8.50 Custom Decal $24.00 $20.40 Single Point Watering System and Accessories (Electric Vehicles Only): Hand Pump for Single Point System (order one for non-fleet/individual)104006101 $80.00 $68.00 Deionizer water purification system (required one per fleet, comes with 1 filter cartridge and regulated hose)105166801 $508.00 $431.80 Other Accessories: USB port adjacent to 12V Powerpint 47675266001 $117.00 $99.45 Locking Glovebox Door 105139702 $119.00 $101.15 5-Spoke Silver Wheel Cover (set of 4)105106401 $75.00 $63.75 Aluminum Locking Toolbox, Cargo Box 101837502 $384.00 $326.40 Aluminum Toolbox, Flatbed 101837401 $404.00 $343.40 Rub Rails for Cargo Box or Flat Bed (CA300)SVP717501 $400.00 $340.00 Drop Down Bed Rails (CA300)SVP706601 $1,020.00 $867.00 Electric Vehicle Only: Wig-Wag lights for Electric vehicles SVP718902 $580.00 $493.00 4-Digit Security Pad for Electric Vehicles SVP705001 $540.00 $459.00 Transporter XLC Pricing Guide Page 31 of 68 DocuSign Envelope ID: C1E378DC-8E37-4254-A22C-84146580C109 Part Number U.S. Suggested List Price City of KC/OMNIA Partners $ TRANSPORTER XLC Description Gas Vehicle Only: Spark Arrestor 101629004 $66.00 $56.10 Wig-Wag lights for Gas vehicles SVP718901 $580.00 $493.00 Magnetic Drain Plug for Open Differential SVP720601 $80.00 $68.00 Magnetic Drain Plug for Oil Pan 47653326001 $139.00 $118.15 4-Digit Security Pad for Gas Vehicles SVP705002 $540.00 $459.00 VersAttach Accessories: VersAttach Rail Mount (Pair, Included in kits below)105160401 $42.00 $35.70 VersAttach Tie Down (Pair)105160901 $51.00 $43.35 VersAttach Bucket Holder (Single)105160501 $65.00 $55.25 VersAttach Flex Grip Single Tool Holder (Pair for Light tools)105161101 $86.00 $73.10 VersAttach Multi-tool Holder (Pair, Holds 3 Long Handle Tools)105160801 $86.00 $73.10 VersAttach Ratcheting Grip Tool Holder (Pair, for Trimmers)105161001 $96.00 $81.60 VersAttach Bed Divider (Single)105161201 $145.00 $123.25 VersAttach Leaf Blower Holder (Single)105161401 $182.00 $154.70 VersAttach Ladder Rack (Pair)105161501 $374.00 $317.90 VersAttach Poly Tool Box 105161601 $363.00 $308.55 * These items will be priced individually in CustomerView and the sum of the items will equal the price shown above. The company reserves the right to make design changes in its products without obligation to make these changes on units previously sold. Pricing is FOB Augusta, GA, does not include crating charges and is subject to change without notice. All orders are subject to acceptance by Club Car LLC Post Office Box 204658 Augusta, Georgia 30917-4658 Telephone: (706) 863-3000 Fax: (706) 860-7231 Transporter XLC Pricing Guide Page 32 of 68 DocuSign Envelope ID: C1E378DC-8E37-4254-A22C-84146580C109 2023 Villager 6 Electric & Gas Effective February 18, 2022 Part Number U.S. Suggested List Price City of KC/OMNIA Partners $ VILLAGER 6 Villager 6 Electric DC 47678775001 $13,466.00 $10,772.80 Villager 6 HP Electric 48V AC 47662968001 $15,066.00 $12,052.80 Villager 6 Gasoline 47662966001 $13,729.00 $10,983.20STANDARD EQUIPMENT: White Cowl Standard No Charge No Charge Gray Seat Standard No Charge No Charge Gray Fixed Rear Seat Standard No Charge No ChargeSilver Wheels Standard Tread 8.5 in. 6 ply Tires Standard No Charge No ChargeDeluxe Lighting (Headlights, Taillights, Brakelights, Horn & Turn Signals)Standard No Charge No Charge 12 Spoke Wheel Cover Installation Standard No Charge No Charge Light Duty Front Bumper Standard No Charge No ChargeElectric Vehicle: Standard Duty 6V Batteries Standard No Charge No Charge DC-DC Standard Power Converter Standard No Charge No Charge IQPlus Drive System w/ 500 amp Motor Controller (48V DC Vehicle)Standard No Charge No Charge IQPlus Drive System w/ 400 amp Motor Controller (48V AC Vehicle)Standard No Charge No ChargeOn-Board Hi-Freq Charger with 15 foot (4.6m) Cord Reel Standard No Charge No Charge Battery Capacity Indicator Standard No Charge No Charge Gas Vehicle: **14 hp (429cc) EFI Overhead Valve Engine, Key-Start Standard No Charge No Charge**Rating at 3600 rpm per SAE J1940 Fuel Gauge/Hour Meter Standard No Charge No Charge REQUIRED OPTIONS Body Color: White, Electric 47689374009 No Charge No Charge White, Gas 47689301009 No Charge No ChargeBeige, Electric 47689374001 No Charge No Charge Beige, Gas 47689301001 No Charge No Charge Dark Green, Electric 47689374005 $415.00 $352.75 Dark Green, Gas 47689301005 $415.00 $352.75Burgundy, Electric 47689374003 $415.00 $352.75 Burgundy, Gas 47689301003 $415.00 $352.75 Classic Blue, Electric 47689374004 $415.00 $352.75 Classic Blue, Gas 47689301004 $415.00 $352.75Black, Electric 47689374002 $415.00 $352.75 Black, Gas 47689301002 $415.00 $352.75 Custom Color, Electric 47689374010 Quote Quote Custom Color, Gas 47689301010 Quote QuoteSeat Color: White 47689140001 No Charge No Charge Beige 47689140004 No Charge No Charge Black 47689140002 No Charge No ChargeGray47689140003No Charge No ChargeCustom Color 47689140005 Quote Quote Rear Seat Frame (Includes Fixed or Fold Down Seat) Fixed Rear Seat Varies by Color No Charge No Charge*Fold Down Rear Seat Installation, White Frame (Color Cushion Included in Price)SVP401601 $1,520.00 $1,292.00*Fold Down Rear Seat Installation, Beige Frame (Color Cushion Included in Price)SVP401701 $1,520.00 $1,292.00 *Fold Down Rear Seat Installation, Black Frame (Color Cushion Included in Price)SVP733301 $2,400.00 $2,040.00 *Fold Down Rear Seat Installation, Custom Color Frame (Color Cushion Included in Price)SVP401801 Quote QuoteTires: Silver Wheels Standard Tread 8.5 in. 6 ply Tires (Front)103950903 No Charge No Charge Silver Wheels Standard Tread 6.5 in. 6 ply Tires (Front 103950904 No Charge No Charge Silver Wheels Standard Tread 8.5 in. 6 ply Tires (Rear)103950923 No Charge No Charge X/Traction Kenda Super Turf 18x8.50x8 6 Ply Stl Wheel (Front)103950902 No Charge No ChargeX/Traction Kenda Super Turf 18x8.50x8 6 Ply Stl Wheel (Rear)103950922 $17.00 $14.45 Premium Tires Gloss Black (Front)47562970035 $349.00 $296.65 Premium Tires Gloss Black (Rear)47562971035 $349.00 $296.65 Non-Standard Front Wheels or Tires 103950905 Quote QuoteNon-Standard Rear Wheels or Tires 103950925 Quote Quote Wheel Covers 12 Spoke Wheel Cover Installation 102536502 No Charge No Charge Sport Wheel Cover Instl (For 6.5" front tires)101264002 No Charge No ChargeFront Bumper Upgrade: Basic Bumper Bar 47688964003 $194.00 $164.90 Heavy Duty Brush Guard 47688964002 $384.00 $326.40 Required Options for Electric Vehicles: Batteries:Standard Battery 102864001 No Charge No Charge Extended Range Battery Upgrade 102864002 $694.00 $589.90 Battery Chargers:On-Board Charger and Cord Reel 47579309001 No Charge No ChargeKey Switch: Standard Key Switch - Electric 47661713001 No Charge No Charge Alternate Key Switch - Electric 47661713002 No Charge No Charge Custom Keying - Electric 47661713003 Quote QuoteStandard Key Switch - Gas (Pedal Start)47661725001 No Charge No Charge Alternate Key Switch - Gas (Pedal Start)47661725002 No Charge No Charge Custom Keying - Gas (Pedal Start)47661725003 Quote Quote Required Options for Gas Vehicles:Starting:Key Start No Charge No Charge Pedal Start No Charge No Charge Transaxle Standard Transaxle 103976601 No Charge No Charge Transaxle w/ Limited Slip Differential 103976602 $416.00 $353.60 Description Villager 6 Pricing Guide Page 33 of 68 DocuSign Envelope ID: C1E378DC-8E37-4254-A22C-84146580C109 Part Number U.S. Suggested List Price City of KC/OMNIA Partners $ VILLAGER 6 Description ACCESSORIES Add the optional equipment pricing below to the price of the standard vehicle, FOB Augusta, GA. All prices are applicable only to optional equipment purchased and shipped with new vehicle orders and include installation at the factory. Part numbers preceded with SVP are subject to change without notice. Please refer to the Custom Solutions price list for the most up to date pricing. Canopy: Villager 6 Canopy - Black 47677217001 $1,050.00 $892.50 Villager 6 Canopy - Beige 47677217002 $1,102.00 $936.70Villager 6 Canopy - White 47677217003 $1,102.00 $936.70 Windshields: Solid Windshield 47689468001 $224.00 $190.40 Hinged Windshield 47689469001 $224.00 $190.40Other Accessories:Passenger side Cup Holder 47623832001 $37.00 $31.45 Side Mirrors, Strut Mount 47577558001 $76.00 $64.60 Rear View Mirror Kit 105288902 $92.00 $78.20USB Charger Port Installation 47662923003 $117.00 $99.45 Grab Handle (Singular)47634205002 $43.00 $36.55Strobe Light Kit 47720405001 $293.00 $249.053-Sided Rain Enclosure for Villager 6 - White (For Fixed Seat)47683840001 $1,040.00 $884.00 3-Sided Rain Enclosure for Villager 6 - Beige (For Fixed Seat)47683840002 $1,040.00 $884.00 3-Sided Rain Enclosure for Villager 6 - Black (For Fixed Seat)47683840003 $1,040.00 $884.003-Sided Rain Enclosure for Villager 6 - White (For Fold Down Seat)47683840004 $1,040.00 $884.003-Sided Rain Enclosure for Villager 6 - Beige (For Fold Down Seat)47683840005 $1,040.00 $884.00 3-Sided Rain Enclosure for Villager 6 - Black (For Fold Down Seat)47683840006 $1,040.00 $884.00 Electric Vehicle Only: Differential Guard Instl 101611401 $41.00 $34.85Hour Meter Instl 102886902 $108.00 $91.80 Single Point Watering System 103942901 $253.00 $215.05 Gas Vehicle Only: Differential Guard, Gas 103992401 $44.00 $37.40Number Decals:Number Decals - Rectangle BY INSTL LOCATION $10.00 $8.50 Custom Number Decal, Installed, each BY INSTL LOCATION $24.00 $20.40 Custom Logos:Custom Logo, Installed, each BY INSTL LOCATION $28.00 $23.80 * These items will be priced individually in CustomerView and the sum of the items will equal the price shown above. The company reserves the right to make design changes in its products without obligation to make these changes on units previously sold. Pricing is FOB Augusta, GA, does not include crating charges and is subject to change without notice. All orders are subject to acceptance by Club Car LLC. Post Office Box 204658 Augusta, Georgia 30917-4658 Telephone: (706) 863-3000 Fax: (706) 860-7231 Villager 6 Pricing Guide Page 34 of 68 DocuSign Envelope ID: C1E378DC-8E37-4254-A22C-84146580C109 2023 Villager 8 Electric & Gas Effective February 18, 2022 Part Number U.S. Suggested List Price City of KC/OMNIA Partners $ VILLAGER 8 Villager 8 Electric DC 47678776001 $14,658.00 $11,726.40 Villager 8 HP Electric 48V AC 47662969001 $16,258.00 $13,006.40 Villager 8 Gasoline 47662967001 $14,921.00 $11,936.80 STANDARD EQUIPMENT: White Cowl Standard No Charge No Charge Gray Seat Standard No Charge No Charge Gray Fixed Rear Seat Standard No Charge No Charge Silver Wheels Standard Tread 8.5 in. 6 ply Tires Standard No Charge No Charge Deluxe Lighting (Headlights, Taillights, Brakelights, Horn & Turn Signals)Standard No Charge No Charge 12 Spoke Wheel Cover Installation Standard No Charge No Charge Light Duty Front Bumper Standard No Charge No Charge Electric Vehicle: Standard Duty 6V Batteries Standard No Charge No Charge DC-DC Standard Power Converter Standard No Charge No Charge IQPlus Drive System w/ 500 amp Motor Controller (48V DC Vehicle) Standard No Charge No Charge IQPlus Drive System w/ 400 amp Motor Controller (48V AC Vehicle) Standard No Charge No Charge On-Board Hi-Freq Charger with 15 foot (4.6m) Cord Reel Standard No Charge No Charge Battery Capacity Indicator Standard No Charge No Charge Gas Vehicle: **14 hp (429cc) EFI Overhead Valve Engine, Key-Start Standard No Charge No Charge **Rating at 3600 rpm per SAE J1940 Fuel Gauge/Hour Meter Standard No Charge No Charge REQUIRED OPTIONS Body Color: White, Electric 47689390009 No Charge No Charge White, Gas 47689376009 No Charge No Charge Beige, Electric 47689390001 No Charge No Charge Beige, Gas 47689376001 No Charge No Charge Dark Green, Electric 47689390005 $623.00 $529.55 Dark Green, Gas 47689376005 $623.00 $529.55 Burgundy, Electric 47689390003 $623.00 $529.55 Burgundy, Gas 47689376003 $623.00 $529.55 Classic Blue, Electric 47689390004 $623.00 $529.55 Classic Blue, Gas 47689376004 $623.00 $529.55 Black, Electric 47689390002 $623.00 $529.55 Black, Gas 47689376002 $623.00 $529.55 Custom Color, Electric 47689390010 Quote Quote Custom Color, Gas 47689376010 Quote Quote Seat Color: White Seats 47689143001 No Charge No Charge Black Seats 47689143004 No Charge No Charge Gray Seats 47689143003 No Charge No Charge Beige Seats 47689143002 No Charge No Charge Custom Color Seats 47689143005 Quote Quote Rear Seat Frame (Includes Fixed or Fold Down Seat) Fixed Rear Seat Varies by Color No Charge No Charge *Fold Down Rear Seat Installation, White Frame (Color Cushion Included in Price)SVP401601 $1,520.00 $1,292.00 *Fold Down Rear Seat Installation, Beige Frame (Color Cushion Included in Price)SVP401701 $1,520.00 $1,292.00 *Fold Down Rear Seat Installation, Black Frame (Color Cushion Included in Price)SVP733301 $2,400.00 $2,040.00 *Fold Down Rear Seat Installation, Custom Color Frame (Color Cushion Included in Price)SVP401801 Quote Quote Required Options Required Options for Electric Vehicles: Batteries: Standard Battery Installation 103667501 No Charge No Charge Extended Range Battery Upgrade 103667502 $694.00 $589.90 Battery Chargers: On-Board Charger and Cord Reel 4759309001 No Charge No Charge Key Switch: Standard Key Switch - Electric 47661713001 No Charge No Charge Alternate Key Switch - Electric 47661713002 No Charge No Charge Custom Keying - Electric 47661713003 Quote Quote Standard Key Switch - Gas (Pedal Start)47661725001 No Charge No Charge Alternate Key Switch - Gas (Pedal Start)47661725002 No Charge No Charge Custom Keying - Gas (Pedal Start)47661725003 Quote Quote Required Options for Gas Vehicles: Starting: Pedal Start No Charge No Charge Transaxle Standard Transaxle 103976601 No Charge No Charge Transaxle w/ Limited Slip Differential 103976602 $416.00 $353.60 Description Villager 8 Pricing Guide Page 35 of 68 DocuSign Envelope ID: C1E378DC-8E37-4254-A22C-84146580C109 Part Number U.S. Suggested List Price City of KC/OMNIA Partners $ VILLAGER 8 Description Tires: Silver Wheels Standard Tread 8.5 in. 6 ply Tires (Front)103950903 No Charge No Charge Silver Wheels Standard Tread 6.5 in. 6 ply Tires (Front 103950903 No Charge No Charge Silver Wheels Standard Tread 8.5 in. 6 ply Tires (Rear)103950923 No Charge No Charge X/Traction Kenda Super Turf 18x8.50x8 6 Ply Stl Wheel (Front)103950902 No Charge No Charge X/Traction Kenda Super Turf 18x8.50x8 6 Ply Stl Wheel (Rear)103950922 $17.00 $14.45 Premium Tires Gloss Black (Front)47562970035 $349.00 $296.65 Premium Tires Gloss Black (Rear)47562971035 $349.00 $296.65 Non-Standard Front Wheels or Tires 103950905 Quote Quote Non-Standard Rear Wheels or Tires 103950925 Quote Quote Wheel Covers Sport Wheel Cover Instl (For 6.5" front tires)101264002 No Charge No Charge 12 Spoke Wheel Cover Installation 102536502 No Charge No Charge Front Bumper Upgrade: Basic Bumper Bar Field Kit 47688840007 $194.00 $164.90 Heavy Duty Brush Guard Field Kit 47688840006 $384.00 $326.40 ACCESSORIES Add the optional equipment pricing below to the price of the standard vehicle, FOB Augusta, GA. All prices are applicable only to optional equipment purchased and shipped with new vehicle orders and include installation at the factory. Part numbers preceded with SVP are subject to change without notice. Please refer to the Custom Solutions price list for the most up to date pricing. Canopy: Villager 8 Canopy - Black 47676132001 $1,403.00 $1,192.55 Villager 8 Canopy - Beige 47676132002 $1,455.00 $1,236.75 Villager 8 Canopy - White 47676132003 $1,455.00 $1,236.75 Windshields: Solid Windshield 47689468001 $224.00 $190.40 Hinged Windshield 47689469001 $224.00 $190.40 Other Accessories: Passenger side Cup Holder 47623832001 $37.00 $31.45 Side Mirrors, Strut Mount 47577558001 $76.00 $64.60 Rear View Mirror Kit 105288902 $92.00 $78.20 USB Charger Port Installation 47662923003 $117.00 $99.45 Grab Handle (Singular)47634205002 $43.00 $36.55 Strobe Light Kit 47720405001 $293.00 $249.05 3-Sided Rain Enclosure for Villager 8 - White (For Fixed Seat)47709184001 $1,248.00 $1,060.80 3-Sided Rain Enclosure for Villager 8 - Beige (For Fixed Seat)47709184002 $1,248.00 $1,060.80 3-Sided Rain Enclosure for Villager 8 - Black (For Fixed Seat)47709184003 $1,248.00 $1,060.80 3-Sided Rain Enclosure for Villager 8 - White (For Fold Down Seat)47709184004 $1,248.00 $1,060.80 3-Sided Rain Enclosure for Villager 8 - Beige (For Fold Down Seat)47709184005 $1,248.00 $1,060.80 3-Sided Rain Enclosure for Villager 8 - Black (For Fold Down Seat)47709184006 $1,248.00 $1,060.80 Electric Vehicle Only: Differential Guard Instl 101611401 $41.00 $34.85 Hour Meter Instl 102886902 $108.00 $91.80 Single Point Watering System 103942901 $253.00 $215.05 Gas Vehicle Only: Differential Guard, Gas 103992401 $44.00 $37.40 Number Decals: Number Decals - Rectangle BY INSTL LOCATION $10.00 $8.50 Custom Number Decal, Installed, each BY INSTL LOCATION $24.00 $20.40 Custom Logos: Custom Logo, Installed, each BY INSTL LOCATION $28.00 $23.80 * These items will be priced individually in CustomerView and the sum of the items will equal the price shown above. The company reserves the right to make design changes in its products without obligation to make these changes on units previously sold. Pricing is FOB Augusta, GA, does not include crating charges and is subject to change without notice. All orders are subject to acceptance by Club Car LLC. Post Office Box 204658 Augusta, Georgia 30917-4658 Telephone: (706) 863-3000 Fax: (706) 860-7231 Villager 8 Pricing Guide Page 36 of 68 DocuSign Envelope ID: C1E378DC-8E37-4254-A22C-84146580C109 2023 Tempo 2 + 2 Electric & Gasoline Effective February 18, 2022 Part Number U.S. Suggested List Price City of KC/OMNIA Partners $ Tempo 2 + 2 Electric With Excel™ Drive System 47606564001 $11,963.00 $9,570.40 Gasoline 14 hp (429cc) Overhead Valve with Closed Loop EFI Engine 47636642001 $12,028.00 $9,622.40 STANDARD EQUIPMENT: White Cowl Included No Charge No Charge White Seat Included No Charge No Charge White Fixed Rear Seat Included No Charge No Charge White Monsoon Canopy XL Included No Charge No Charge Gold Nameplate Included No Charge No Charge Steering Wheel, Soft Comfort Grip Included No Charge No Charge Heavy Duty Suspension Included No Charge No Charge Silver Wheels Premium Tread 4 ply Tires Included No Charge No Charge Standard Wheel Covers Included No Charge No Charge Electric Vehicle: Heavy Duty Battery with Single Point Watering System (Used with shelf charger)Included No Charge No Charge Standard Lights with Battery Capacity Indicator Included No Charge No Charge DC Converter Included No Charge No Charge Standard Shelf Charger with 9 Ft Cord (Charger to Car)Included No Charge No Charge USB Port Installation - Electric Vehicles Included No Charge No Charge Gas Vehicle: Standard Lights with Fuel Gauge, Gasoline Included No Charge No Charge USB Port Installation - Gasoline Vehicles Included No Charge No Charge Hour Meter Included No Charge No Charge Packages: Sport Package Electric SPRT_4E_PKG $54.00 $45.90 Sport Package Gas SPRT_4G_PKG $8,200.00 $6,970.00 Aluminum Alloy Wheels Included No Charge No Charge Accent Stripes Included No Charge No Charge Premium Body Color (Metallic Colors available at additional charge)Included No Charge No Charge Comfort Package Electric COMF_4E_PKG $1,033.00 $878.05 Comfort Package Gas COMF_4G_PKG $1,033.00 $878.05 Comfort Grip Steering Wheel Included No Charge No Charge Premium Seats Included No Charge No Charge Factory Installed Optional Equipment Add the optional equipment pricing below to the price of the standard vehicle, FOB Augusta, GA. All prices are applicable only to optional equipment purchased and shipped with new vehicle orders and include installation at the factory. Part numbers preceded with SVP are subject to change without notice. Please refer to the Custom Solutions price list for the most up to date pricing. Body Color: White 47605277001 No Charge No Charge Beige 47605277002 No Charge No Charge Platinum 47605277003 No Charge No Charge Green 47605277006 No Charge No Charge Sapphire 47605277007 No Charge No Charge Cashmere 47605277010 No Charge No Charge Sangria 47605277004 $169.00 $143.65 Black 47605277008 $169.00 $143.65 Metallic Glacier 47605277101 $449.00 $381.65 Metallic Midnight Silver 47605277113 $449.00 $381.65 Metallic Candy Apple 47605277103 $449.00 $381.65 Metallic Green 47605277104 $449.00 $381.65 Metallic Blue Onyx 47605277114 $449.00 $381.65 Metallic Black 47605277106 $449.00 $381.65 Metallic Ice Blue 47605277112 $449.00 $381.65 Custom Color 47605277901 Quote Quote Seat Color: White Fixed Rear Seat (Standard) 102541202 No Charge No Charge Beige Fixed Rear Seat 102541201 No Charge No Charge Gray Fixed Rear Seat 102541207 No Charge No Charge Black Fixed Rear Seat 102541209 No Charge No Charge 4 Passenger Premium Fixed Light Beige Seats 102541211 $1,127.00 $957.95 4 Passenger Premium Fixed Camello Seats 102541212 $1,127.00 $957.95 4 Passenger Premium Fixed Camello / Light Beige Seats 102541214 $1,127.00 $957.95 4 Passenger Premium Fixed Black Seats 102541217 $1,127.00 $957.95 4 Passenger Premium Fixed Black / Gray Seats 102541218 $1,127.00 $957.95 4 Passenger Premium Fixed Gray Seats 102541219 $1,127.00 $957.95 Custom Color 102539603 Quote Quote *White with Fold-Down Rear Seat (requires 105287002)102541205 $835.00 $709.75 *Beige with Fold-Down Rear Seat (requires 105287001)102541204 $835.00 $709.75 *Gray with Fold-Down Rear Seat (requires 105287003)102541208 $835.00 $709.75 *Black with Fold-Down Rear Seat (requires 105287004)102541210 $835.00 $709.75 *Custom with Fold-Down Rear Seat (requires 105287005)102541206 Quote Quote Canopies: White, Monsoon XL (requires Strut Kit 103725701)103286201 No Charge No Charge Beige, Monsoon, XL (requires Strut Kit 103725701)103286202 No Charge No Charge Black, Monsoon, XL (requires Strut Kit 103725701)103286203 No Charge No Charge Underbody Cover Kit (required when no canopy top is ordered)102543903 No Charge No Charge Description Tempo 2+2 Price Guide Page 37 of 68 DocuSign Envelope ID: C1E378DC-8E37-4254-A22C-84146580C109 Part Number U.S. Suggested List Price City of KC/OMNIA Partners $ Tempo 2 + 2 Description Tires and Wheels: Kenda Hole-N-1 18x8.50x8 4 Ply with Steel Wheel 103950901/21 No Charge No Charge X/Traction Kenda Super Turf 18x8.50x8 6 Ply Stl Wheel 103950922 $17.00 $14.45 Radial, Kenda Hole-N-1 18x8.50R8 with Steel Wheel 103950908/28 $128.00 $108.80 Kenda Steel Belted Radial 205/50 -10 with 5 Spoke Alloy Wheel in Gunmetal 103950915/35 $698.00 $593.30 Kenda Steel Belted Radial 205/50 -10 with 5 Spoke Alloy Wheel in Gloss Black 103950916/36 $698.00 $593.30 Non-Standard Tire and Wheel Assembly 103950905/25 Quote Quote Required Options for Electric Vehicles: Batteries and Single Point Watering System Accessories: Battery with Single Point Watering System, Trojan (Used with shelf charger)105155105 No Charge No Charge Battery with Single Point Watering System, Trojan (Used with Onboard charger)105155106 No Charge No Charge Deionizer water purification system (required one per fleet, comes with 1 filter cartridge and regulated hose)105166801 $508.00 $431.80 Deionizer replacement filter cartridges 104005901 $199.00 $169.15 Hand Pump for Single Point System (order one for non-fleet/individual)104006101 $80.00 $68.00 Chargers: Shelf charger with 9 ft DC Cord with (Trojan batteries)47583926007 No Charge No Charge Shelf charger with 12 ft DC Cord with (Trojan batteries)47583926008 $22.00 $18.70 Shelf charger with 20 ft DC Cord with (Trojan batteries)47583926009 $50.00 $42.50 Onboard Charger - Fixed 47583926011 $415.00 $352.75 Onboard Charger - Folddown 47583926012 $649.00 $551.65 Charger Cords: AC Charger Cord 6 ft Standard (Charger to Wall)105138501 No Charge No Charge AC Charger Cord 9 ft Standard (Charger to Wall)105138502 $9.00 $7.65 AC Charger Cord 6 ft Non-Terminated (Charger to Wall)105138507 No Charge No Charge AC Charger Cord 9 ft Non-Terminated (Charger to Wall)105138508 $9.00 $7.65 Electric Vehicle: Lighting Options: Horn Upgrade (102541602 and 47508635001) 102541602 $132.00 $112.20*Deluxe Lights with Battery Capacity Indicator, Electric (Includes 47610900004, 102541703, 102541802, 47608635001)ELE_DLX_LGHT_4P $212.00 $180.20 LED Club Car Logo 47609284001 $128.00 $108.80 Private Use Speed Option (19.2 MPH) Requires Radial Tire Option 102875116 $75.00 $63.75 Gas Vehicle: Lighting Options: Horn Upgrade (102541602 and 47508635001) 102541602 $132.00 $112.20 Deluxe Lights with Fuel Gauge, Gasoline (Includes 47625247004, 102541703, 102541802, 47608635001)GASK_DLX4_LGTS $212.00 $180.20 LED Club Car Logo 47609284001 $128.00 $108.80 High Speed Option Requires Radial Tire Option 47613736004 $76.00 $64.60 Nameplate: Silver Club Car Nameplate 47605591002 No Charge No Charge Factory Installed Optional Equipment Add the optional equipment pricing below to the price of the standard vehicle, FOB Augusta, GA. All prices are applicable only to optional equipment purchased and shipped with new vehicle orders and include installation at the factory. Part numbers preceded with SVP are subject to change without notice. Please refer to the Custom Solutions price list for the most up to date pricing. Accent Stripes: Gold Accent Stripe 47614574001 $111.00 $94.35 Black Accent Stripe 47614574002 $111.00 $94.35 Silver Accent Stripe 47614574003 $111.00 $94.35 Number Decals: Standard, Installed, each (black/gold)BY INSTL LOCATION No Charge No Charge Custom, Installed, each BY INSTL LOCATION $24.00 $20.40 Domed Number Decal, Installed, each (black/gold)BY INSTL LOCATION No Charge No Charge Domed Number Decal, Installed, each (silver/gold)BY INSTL LOCATION No Charge No Charge Custom Domed Number Decal, Installed, each BY INSTL LOCATION $24.00 $20.40 Standard, Loose, each 102533201 No Charge No Charge Logo: Custom, Installed, each BY INSTL LOCATION $28.00 $23.80 Custom, Loose, each 102553799 $28.00 $23.80 Dash: Burlwood Locking Dash 103388401 $270.00 $229.50 Carbon Fiber Locking Dash 103388402 $270.00 $229.50 Ashtrays: Ashtray, Drop-In, Driver Side 102542102 $13.00 $11.05 Differential Guard: Electric 102551003 $42.00 $35.70 Gasoline 103992403 $42.00 $35.70 Uncommon Key Switches:Electric/Gas Uncommon Key Switch A 102571801 / 102571701 $78.00 $66.30 Uncommon Key Switch B 102571802 / 102571702 $78.00 $66.30 Field Installed Accessories Add the accessory pricing below to the price of the standard vehicle, FOB Augusta, GA. All prices are applicable only to accessories purchased and shipped with new vehicle orders. Prices do not include installation at the factory. Part numbers preceeded with SVP are subject to change without notice. Please refer to Custom Solutions price list for the most up to date pricing. Accessories - Field Installed: 5 Panel Rear View Wink Mirror 105288901 $92.00 $78.20 Base Accessory Kit 105285001 $162.00 $137.70 Hinged Windshield Kit 105248701 $170.00 $144.50 LED Strobe Light Kit (Electric Cars Require 105285001 at additional charge)103867301 $179.00 $152.15 Ventilation Kit (Electric Cars Require 105285001 at additional charge)103867101 $193.00 $164.05 Tinted Hinged Windshield Kit 105248601 $203.00 $172.55 Extra Bag Attachment 1011519 $243.00 $206.55 Stereo Kit (Electric Cars Require 105285001 at additional charge)105285401 $273.00 $232.05 Enclosures: Track Enclosure, White, 3-sided (fits Monsoon Canopy)103722701 $308.00 $261.80 Track Enclosure, Beige, 3-sided (fits Monsoon Canopy)103722702 $308.00 $261.80 The company reserves the right to make design changes in its products without obligation to make these changes on units previously sold. Pricing is FOB Augusta, GA, does not include crating charges and is subject to change without notice. All orders are subject to acceptance by Club Car LLC. Post Office Box 204658 Augusta, Georgia 30917-4658 Telephone: (706) 863-3000 Fax: (706) 860-7231 Tempo 2+2 Price Guide Page 38 of 68 DocuSign Envelope ID: C1E378DC-8E37-4254-A22C-84146580C109 2023 Tempo 2 + 2 Lithium Ion Electric Effective February 18, 2022 Part Number U.S. Suggested List Price City of KC/OMNIA Partners $ Tempo 2 + 2 Lithium Ion Electric with AC Drive and Lithium Ion 47680180001 $14,589.00 $11,671.20 STANDARD EQUIPMENT: White Cowl Included No Charge No Charge White Seat Included No Charge No Charge White Fixed Rear Seat Included No Charge No Charge White Monsoon Canopy XL Included No Charge No Charge Gold Nameplate Included No Charge No Charge Steering Wheel, Soft Comfort Grip Included No Charge No Charge Heavy Duty Suspension Included No Charge No Charge Silver Wheels Premium Tread 4 ply Tires Included No Charge No Charge Standard Wheel Covers Included No Charge No Charge Standard Lights, Includes Headlights and Tail lights - BSI - No Horn Included No Charge No Charge DC Converter Included No Charge No Charge Shelf charger 650W, 9' DC Cord (Charger to Car)Included No Charge No Charge Battery Status Indicator Included No Charge No Charge USB Port Installation Included No Charge No Charge 375A Controller Included No Charge No Charge Packages: Sport Package Electric LZ_SPRT_4E_PKG $671.00 $570.35 Aluminum Alloy Wheels Included No Charge No Charge Accent Stripes Included No Charge No Charge Premium Body Color (Metallic Colors available at additional charge)Included No Charge No Charge Comfort Package Electric LZ_COMF_4E_PKG $1,033.00 $878.05 Comfort Grip Steering Wheel Included No Charge No Charge Premium Seats Included No Charge No Charge Factory Installed Optional Equipment Add the optional equipment pricing below to the price of the standard vehicle, FOB Augusta, GA. All prices are applicable only to optional equipment purchased and shipped with new vehicle orders and include installation at the factory. Part numbers preceded with SVP are subject to change without notice. Please refer to the Custom Solutions price list for the most up to date pricing. Body Color: White 47605277001 No Charge No Charge Beige 47605277002 No Charge No Charge Platinum 47605277003 No Charge No Charge Green 47605277006 No Charge No Charge Sapphire 47605277007 No Charge No Charge Cashmere 47605277010 No Charge No Charge Sangria 47605277004 $169.00 $143.65 Black 47605277008 $169.00 $143.65 Metallic Glacier 47605277101 $449.00 $381.65 Metallic Midnight Silver 47605277113 $449.00 $381.65 Metallic Candy Apple 47605277103 $449.00 $381.65 Metallic Green 47605277104 $449.00 $381.65 Metallic Blue Onyx 47605277114 $449.00 $381.65 Metallic Black 47605277106 $449.00 $381.65 Metallic Ice Blue 47605277112 $449.00 $381.65 Custom Color 47605277901 Quote Quote Seat Color: White Fixed Rear Seat (Standard) 102541202 No Charge No Charge Beige Fixed Rear Seat 102541201 No Charge No Charge Gray Fixed Rear Seat 102541207 No Charge No Charge Black Fixed Rear Seat 102541209 No Charge No Charge 4 Passenger Premium Fixed Light Beige Seats 102541211 $1,127.00 $957.95 4 Passenger Premium Fixed Camello Seats 102541212 $1,127.00 $957.95 4 Passenger Premium Fixed Camello / Light Beige Seats 102541214 $1,127.00 $957.95 4 Passenger Premium Fixed Black Seats 102541217 $1,127.00 $957.95 4 Passenger Premium Fixed Black / Gray Seats 102541218 $1,127.00 $957.95 4 Passenger Premium Fixed Gray Seats 102541219 $1,127.00 $957.95 Custom Color 102539603 Quote Quote *White with Fold-Down Rear Seat (requires 105287002)102541205 $835.00 $709.75 *Beige with Fold-Down Rear Seat (requires 105287001)102541204 $835.00 $709.75 *Gray with Fold-Down Rear Seat (requires 105287003)102541208 $835.00 $709.75 *Black with Fold-Down Rear Seat (requires 105287004)102541210 $835.00 $709.75 *Custom with Fold-Down Rear Seat (requires 105287005)102541206 Quote Quote Canopies: White, Monsoon XL (requires Strut Kit 103725701)103286201 No Charge No Charge Beige, Monsoon, XL (requires Strut Kit 103725701)103286202 No Charge No Charge Black, Monsoon, XL (requires Strut Kit 103725701)103286203 No Charge No Charge Underbody Cover Kit (required when no canopy top is ordered)102543903 No Charge No Charge Description Tempo 2+2 Lithium Ion Price Guide Page 39 of 68 DocuSign Envelope ID: C1E378DC-8E37-4254-A22C-84146580C109 Part Number U.S. Suggested List Price City of KC/OMNIA Partners $ Tempo 2 + 2 Lithium Ion Description Tires and Wheels: Kenda Hole-N-1 18x8.50x8 4 Ply with Steel Wheel 103950901/21 No Charge No Charge X/Traction Kenda Super Turf 18x8.50x8 6 Ply Stl Wheel 103950922 $17.00 $14.45 Radial, Kenda Hole-N-1 18x8.50R8 with Steel Wheel 103950908/28 $128.00 $108.80 Kenda Steel Belted Radial 205/50 -10 with 5 Spoke Alloy Wheel in Gunmetal 103950915/35 $698.00 $593.30 Kenda Steel Belted Radial 205/50 -10 with 5 Spoke Alloy Wheel in Gloss Black 103950916/36 $698.00 $593.30 Non-Standard Tire and Wheel Assembly 103950905/25 Quote Quote Chargers: Shelf charger 650W, 9' DC Cord (Charger to Car)47631087001 No Charge No Charge Shelf charger 650W, 12' DC Cord (Charger to Car)47631087002 $23.00 $19.55 Shelf charger 650W, 20' DC Cord (Charger to Car)47631087003 $52.00 $44.20 Shelf charger 900W, 9' DC Cord (Charger to Car)47632172001 $187.00 $158.95 Shelf charger 900W, 12' DC Cord (Charger to Car)47632172002 $210.00 $178.50 Shelf charger 900W, 20' DC Cord 47632172003 $239.00 $203.15 On-Board Charger Mounted to the Rear Underbody 47631087004 $789.00 $670.65 Charger Cords: AC Charger Cord 6 ft Standard (Charger to Wall)105138501 No Charge No Charge AC Charger Cord 9 ft Standard (Charger to Wall)105138502 $9.00 $7.65 AC Charger Cord 6 ft Non-Terminated (Charger to Wall)105138507 No Charge No Charge AC Charger Cord 9 ft Non-Terminated (Charger to Wall)105138508 $9.00 $7.65 Lighting Options: Standard Lights, Includes Headlights and Tail lights - LED Display - No Horn 47684674010 $58.00 $49.30 Standard Lights, Includes Headlights, Taillights and Horn - BSI 47684674004 $73.00 $62.05Standard Lights, Includes Headlights, Taillights and Horn - LED Display 47684674011 $130.00 $110.50 Deluxe Lights, Includes Headlights, Tail lights, Turn Signal, and Horn - BSI 47684674007 $126.00 $107.10 Deluxe Lights, Includes Headlights, Tail lights, Turn Signal, and Horn - LED Display 47684674014 $184.00 $156.40 LED Club Car Logo 47609284001 $128.00 $108.80 Private Use Speed Option (19.2 MPH)SWP123004 $75.00 $63.75 Factory Installed Optional Equipment Add the optional equipment pricing below to the price of the standard vehicle, FOB Augusta, GA. All prices are applicable only to optional equipment purchased and shipped with new vehicle orders and include installation at the factory. Part numbers preceded with SVP are subject to change without notice. Please refer to the Custom Solutions price list for the most up to date pricing. Accent Stripes: Gold Accent Stripe 47614574001 $111.00 $94.35 Black Accent Stripe 47614574002 $111.00 $94.35 Silver Accent Stripe 47614574003 $111.00 $94.35 Number Decals: Standard, Installed, each (black/gold)BY INSTL LOCATION No Charge No Charge Custom, Installed, each BY INSTL LOCATION $24.00 $20.40 Domed Number Decal, Installed, each (black/gold)BY INSTL LOCATION No Charge No Charge Domed Number Decal, Installed, each (silver/gold)BY INSTL LOCATION No Charge No Charge Custom Domed Number Decal, Installed, each BY INSTL LOCATION $24.00 $20.40 Standard, Loose, each 102533201 No Charge No Charge Logo: Custom, Installed, each BY INSTL LOCATION $28.00 $23.80 Custom, Loose, each 102553799 $28.00 $23.80 Dash: Burlwood Locking Dash 103388401 $270.00 $229.50 Carbon Fiber Locking Dash 103388402 $270.00 $229.50 Ashtrays: Ashtray, Drop-In, Driver Side 102542102 $13.00 $11.05 Differential Guard: Electric 102551003 $42.00 $35.70 Uncommon Key Switches: Uncommon Key Switch B 47632481002 $78.00 $66.30 Field Installed Accessories Add the accessory pricing below to the price of the standard vehicle, FOB Augusta, GA. All prices are applicable only to accessories purchased and shipped with new vehicle orders. Prices do not include installation at the factory. Part numbers preceeded with SVP are subject to change without notice. Please refer to Custom Solutions price list for the most up to date pricing. Accessories - Field Installed: 5 Panel Rear View Wink Mirror 105288901 $92.00 $78.20 Hinged Windshield Kit 105248701 $170.00 $144.50 Tinted Hinged Windshield Kit 105248601 $203.00 $172.55 Extra Bag Attachment 1011519 $243.00 $206.55 Enclosures: Track Enclosure, White, 3-sided 103722701 $308.00 $261.80 Track Enclosure, Beige, 3-sided 103722702 $308.00 $261.80 The company reserves the right to make design changes in its products without obligation to make these changes on units previously sold. Pricing is FOB Augusta, GA, does not include crating charges and is subject to change without notice. All orders are subject to acceptance by Club Car LLC. Post Office Box 204658 Augusta, Georgia 30917-4658 Telephone: (706) 863-3000 Fax: (706) 860-7231 Tempo 2+2 Lithium Ion Price Guide Page 40 of 68 DocuSign Envelope ID: C1E378DC-8E37-4254-A22C-84146580C109 2023 Tempo 2 Passenger (POV) Electric & Gasoline Effective February 18, 2022 P.O.V. Only - Not for Golf Fleet Operational Use Part Number U.S. Suggested List Price City of KC/OMNIA Partners $ Tempo 2 Passenger (POV) Electric With Excel™ Drive System 47606562001POV $9,479.00 $7,583.20 Gasoline 14 hp (429cc) Overhead Valve with Closed Loop EFI Engine 47636647001POV $9,955.00 $7,964.00 STANDARD EQUIPMENT: Cashmere Cowl Included No Charge No Charge Beige Seat Included No Charge No Charge Beige Canopy Kit Included No Charge No Charge Standard Suspension Included No Charge No Charge Steering Wheel, Soft Comfort Grip Included No Charge No Charge Gold Nameplate Included No Charge No Charge Standard Suspension Included No Charge No Charge Standard Wheel Covers Included No Charge No Charge Scuffguards, Molded-In, Set of 2 Included No Charge No Charge Sweater Basket Included No Charge No Charge USB Port Installation Included No Charge No Charge Electric Vehicle: Standard Shelf Charger with 9 Ft Cord (Charger to Car)Included No Charge No Charge Required Options Body Color: Cashmere 47605277010 No Charge No Charge White 47605277001 No Charge No Charge Beige 47605277002 No Charge No Charge Platinum 47605277003 No Charge No Charge Sapphire 47605277007 No Charge No Charge Green 47605277006 No Charge No Charge Sangria 47605277004 $169.00 $143.65 Black 47605277008 $169.00 $143.65 Metallic Glacier 47605277101 $449.00 $381.65 Metallic Midnight Silver 47605277113 $449.00 $381.65 Metallic Candy Apple 47605277103 $449.00 $381.65 Metallic Green 47605277104 $449.00 $381.65 Metallic Blue Onyx 47605277114 $449.00 $381.65 Metallic Black 47605277106 $449.00 $381.65 Metallic Ice Blue 47605277112 $449.00 $381.65 Custom Color 47605277901 Quote Quote Seat Color: Beige 102539601 No Charge No Charge White 102539602 No Charge No Charge Gray 102539604 No Charge No Charge Black 102539605 No Charge No Charge Premium Light Beige 102539606 $588.00 $499.80 Premium Camello 102539607 $588.00 $499.80 Premium Camello / Light Beige 102539609 $588.00 $499.80 Premium Black 102539612 $588.00 $499.80 Premium Black/Gray 102539613 $588.00 $499.80 Premium Gray 102539614 $588.00 $499.80 Premium White Seat w/ Double-Diamond Stitch 102539618 $847.00 $719.95 Custom Color 102539603 Quote Quote Canopies: 2 Passenger Canopy with Handles - Beige 104008002 No Charge No Charge 2 Passenger Canopy with Handles - White 104008001 No Charge No Charge 2 Passenger Canopy with Handles - Black 104008003 No Charge No Charge Visage Canopy: Beige Canopy Kit 104008002 No Charge No Charge White Canopy Kit 104008001 No Charge No Charge Black Canopy Kit 104008003 No Charge No Charge Tires and Wheels: Kenda Hole-N-1 18x8.50x8 4 Ply with Steel Wheel 103950901/21 No Charge No Charge X/Traction Kenda Super Turf 18x8.50x8 6 Ply Stl Wheel 103950922 $17.00 $14.45 Radial, Kenda Hole-N-1 18x8.50R8 with Steel Wheel 103950908/28 $128.00 $108.80 Kenda Steel Belted Radial 205/50 -10 with 5 Spoke Alloy Wheel in Gunmetal 103950915/35 $698.00 $593.30 Kenda Steel Belted Radial 205/50 -10 with 5 Spoke Alloy Wheel in Gloss Black 103950916/36 $698.00 $593.30 Non-Standard Tire and Wheel Assembly 103950905/25 Quote Quote Required Options for Electric Vehicles: Batteries and Single Point Watering System Accessories: Trojan Battery with Single Point Watering System (Used with shelf charger)105046305 No Charge No Charge Trojan Battery with Single Point Watering System (Used with Onboard charger)105046306 No Charge No Charge Deionizer water purification system (required one per fleet, comes with 1 filter cartridge and regulated hose)105166801 $508.00 $431.80 Deionizer replacement filter cartridges 104005901 $199.00 $169.15 Hand Pump for Single Point System (order one for non-fleet/individual)104006101 $80.00 $68.00 Chargers: Shelf charger with 9' DC Cord (Trojan batteries)47583926007 No Charge No Charge Shelf charger with 12' DC Cord (Trojan batteries)47583926008 $22.00 $18.70 Shelf charger with 20' DC Cord (Trojan batteries)47583926009 $50.00 $42.50 On Board Charger (Trojan batteries)47583926010 $771.00 $655.35 Description Tempo HFG-EFI (POV) Price Guide Page 41 of 68 DocuSign Envelope ID: C1E378DC-8E37-4254-A22C-84146580C109 Part Number U.S. Suggested List Price City of KC/OMNIA Partners $ Description Charger Cords: AC Charger Cord 6 ft Standard (Charger to Wall)105138501 No Charge No Charge AC Charger Cord 9 ft Standard (Charger to Wall)105138502 $9.00 $7.65 AC Charger Cord 6 ft Non-Terminated (Charger to Wall)105138507 No Charge No Charge AC Charger Cord 9 ft Non-Terminated (Charger to Wall)105138508 $9.00 $7.65 Electric Vehicle: Lighting Options: Light Options include DC Converter *Battery Capacity Indicator Only, Electric 47610900002 $137.00 $116.45 *Headlights with Battery Capacity Indicator, Electric 47610900004 $789.00 $670.65 *Standard Lights with Battery Capacity Indicator, Electric ( Includes 47610900004, 102541703)ELEC_STD_LIGHTS $1,110.00 $943.50 *Deluxe Lights with Battery Capacity Indicator, Electric ( Includes 47610900004, 102541703, 102541802, 47608635001)ELEC_DLX_LIGHTS $1,280.00 $1,088.00 Turn Signal w/ Horn (47608635001 and 102541802) Included with Deluxe Lighting Package 102541802 $171.00 $145.35 Horn Only (102541602 and 47608635001) Requires Headlights or Standard Lights 102541602 $132.00 $112.20 LED Club Car Logo (Requires Lighting Selection)47609284001 $128.00 $108.80 Private Use Speed Option (19.2 MPH)102875116 $75.00 $63.75 Gas Vehicle: Lighting Options: Fuel Gauge 47625247002 $134.00 $113.90 Headlights with Fuel Gauge, Gasoline 47625247004 $517.00 $439.45 Standard Lights with Fuel Gauge, Gasoline (Includes 47625247004, 102541703)GASK_STD_LIGHTS $864.00 $734.40 Deluxe Lights with Fuel Gauge, Gasoline (Includes 47625247004, 102541703, 102541802, 47608635001)GASK_DLX_LIGHTS $1,080.00 $918.00 Turn Signal w/ Horn (47608635001 and 102541802) Included with Deluxe Lighting Package 102541802 $171.00 $145.35 Horn Only (102541602 and 47508635001) Requires Headlights or Standard Lights 102541602 $132.00 $112.20 LED Club Car Logo (Requires Lighting Selection)47609284001 $128.00 $108.80 High Speed Option 47613736004 $76.00 $64.60 Nameplate: Silver Club Car Nameplate 47605591002 No Charge No Charge Suspension:Electric/Gas Heavy Duty Suspension 102509103 / 103976502 $110.00 $93.50 Factory Installed Optional Equipment Add the optional equipment pricing below to the price of the standard vehicle, FOB Augusta, GA. All prices are applicable only to optional equipment purchased and shipped with new vehicle orders and include installation at the factory. Part numbers preceded with SVP are subject to change without notice. Please refer to the Custom Solutions price list for the most up to date pricing. Accent Stripes: Gold Accent Stripe 47614574001 $111.00 $94.35 Black Accent Stripe 47614574002 $111.00 $94.35 Silver Accent Stripe 47614574003 $111.00 $94.35 Number Decals: Standard, Installed, each (black/gold)BY INSTL LOCATION No Charge No Charge Custom, Installed, each BY INSTL LOCATION $24.00 $20.40 Domed Number Decal, Installed, each (black/gold)BY INSTL LOCATION No Charge No Charge Domed Number Decal, Installed, each (black/silver)BY INSTL LOCATION No Charge No Charge Custom Domed Number Decal, Installed, each BY INSTL LOCATION $24.00 $20.40 Standard, Loose, each 102533201 No Charge No Charge Logo: Custom, Installed, each BY INSTL LOCATION $28.00 $23.80 Custom, Loose, each 102553799 $28.00 $23.80 Dash: Burlwood Locking Dash 103388401 $270.00 $229.50 Carbon Fiber Locking Dash 103388402 $270.00 $229.50 Ashtrays: Ashtray, Drop-In, Driver Side 102542102 $13.00 $11.05 Differential Guard: Electric 102551003 $42.00 $35.70 Gasoline 103992403 $42.00 $35.70 Uncommon Key Switches:Electric/Gas Uncommon Key Switch A 102571801 / 102571701 $78.00 $66.30 Uncommon Key Switch B 102571802 / 102571702 $78.00 $66.30 Accessories - Factory Installed: CaddyMaster Cooler, 8 Qt.: Sweater Basket (not limited by side)102591801 $97.00 $82.45 Field Installed Accessories Add the accessory pricing below to the price of the standard vehicle, FOB Augusta, GA. All prices are applicable only to accessories purchased and shipped with new vehicle orders. Prices do not include installation at the factory. Part numbers preceeded with SVP are subject to change without notice. Please refer to Custom Solutions price list for the most up to date pricing. Windshields: Hinged Windshield Kit 105248701 $170.00 $144.50 Tinted Hinged Windshield Kit 105248601 $203.00 $172.55 Premium Clear Hinged Windshield Kit 47682033001 $260.00 $221.00 Premium Tinted Hinged Windshield Kit 47682033002 $260.00 $221.00 Accessories - Field Installed: Deluxe Info Holder Single Pack 47568987001 $29.00 $24.65 Canopy Storage Net 47568986001 $20.00 $17.00 Rake 102589001 $25.00 $21.25 5 Panel Rear View Wink Mirror 105288901 $92.00 $78.20 Enclosures: 3-Sided, Beige (cannot be used with Bag Cover)AM1258402 $386.00 $328.10 3-Sided, White (cannot be used with Bag Cover)AM1258401 $386.00 $328.10 The company reserves the right to make design changes in its products without obligation to make these changes on units previously sold. Pricing is FOB Augusta, GA, does not include crating charges and is subject to change without notice. All orders are subject to acceptance by Club Car LLC. Post Office Box 204658 Augusta, Georgia 30917-4658 Telephone: (706) 863-3000 Fax: (706) 860-7231 Tempo HFG-EFI (POV) Price Guide Page 42 of 68 DocuSign Envelope ID: C1E378DC-8E37-4254-A22C-84146580C109 2023 Tempo 2 Pass Lithium Ion (POV) Electric Effective February 18, 2022 P.O.V. Only - Not for Golf Fleet Operational Use Part Number U.S. Suggested List Price City of KC/OMNIA Partners $ Tempo 2 Pass Lithium Ion (POV) Electric with AC Drive and Lithium Ion 47680179001POV $12,909.00 $10,327.20 STANDARD EQUIPMENT:Cashmere Cowl Included No Charge No Charge Beige Seat Included No Charge No Charge Beige Canopy Kit Included No Charge No Charge Standard Suspension Included No Charge No Charge Steering Wheel, Soft Comfort Grip Included No Charge No Charge Gold Nameplate Included No Charge No Charge Kenda Hole-N-1 18x8.50x8 4 Ply with Steel Wheel Included No Charge No Charge Standard Wheel Covers Included No Charge No Charge Scuffguards, Molded-In, Set of 2 Included No Charge No Charge Sweater Basket Included No Charge No Charge Standard Shelf Charger with 9 Ft Cord (Charger to Car) 650 Watt Included No Charge No Charge Uncommon Key Switch A Included No Charge No Charge Battery Status Indicator Included No Charge No Charge 235A Motor Controlller Included No Charge No Charge USB Port Installation Included No Charge No Charge Required Options Body Color: Cashmere 47605277010 No Charge No Charge White 47605277001 No Charge No Charge Beige 47605277002 No Charge No Charge Platinum 47605277003 No Charge No Charge Sapphire 47605277007 No Charge No Charge Green 47605277006 No Charge No Charge Sangria 47605277004 $169.00 $143.65 Black 47605277008 $169.00 $143.65 Metallic Glacier 47605277101 $449.00 $381.65 Metallic Midnight Silver 47605277113 $449.00 $381.65 Metallic Candy Apple 47605277103 $449.00 $381.65 Metallic Green 47605277104 $449.00 $381.65 Metallic Blue Onyx 47605277114 $449.00 $381.65 Metallic Black 47605277106 $449.00 $381.65 Metallic Ice Blue 47605277112 $449.00 $381.65 Custom Color 47605277901 Quote Quote Seat Color: Beige 102539601 No Charge No Charge White 102539602 No Charge No Charge Gray 102539604 No Charge No Charge Black 102539605 No Charge No Charge Premium Light Beige 102539606 $588.00 $499.80 Premium Camello 102539607 $588.00 $499.80 Premium Camello / Light Beige 102539609 $588.00 $499.80 Premium Black 102539612 $588.00 $499.80 Premium Black/Gray 102539613 $588.00 $499.80 Premium Gray 102539614 $588.00 $499.80 Premium Elite Bright White with double-diamond silver stitching & piping 102539618 $847.00 $719.95 Custom Color 102539603 Quote Quote Canopies: Beige Canopy Kit 104008002 No Charge No Charge White Canopy Kit 104008001 No Charge No Charge Black Canopy Kit 104008003 No Charge No Charge Visage Canopy: Beige Canopy Kit 104008002 No Charge No Charge White Canopy Kit 104008001 No Charge No Charge Black Canopy Kit 104008003 No Charge No Charge Tires and Wheels: Kenda Hole-N-1 18x8.50x8 4 Ply with Steel Wheel 103950901/21 No Charge No Charge X/Traction Kenda Super Turf 18x8.50x8 6 Ply with Steel Wheel 103950922 $17.00 $14.45 Radial, Kenda Hole-N-1 18x8.50R8 with Steel Wheel 103950908/28 $128.00 $108.80 Kenda Steel Belted Radial 205/50 -10 with 5 Spoke Alloy Wheel in Gunmetal 103950915/35 $698.00 $593.30 Kenda Steel Belted Radial 205/50 -10 with 5 Spoke Alloy Wheel in Gloss Black 103950916/36 $698.00 $593.30 Non-Standard Tire and Wheel Assembly 103950905/25 Quote Quote Required Options:Chargers:Shelf charger 650W, 9' DC Cord (Charger to Car)47631087001 No Charge No ChargeShelf charger 650W, 12' DC Cord (Charger to Car)47631087002 $23.00 $19.55Shelf charger 650W, 20' DC Cord (Charger to Car)47631087003 $52.00 $44.20Shelf charger 900W, 9' DC Cord (Charger to Car)47632172001 $187.00 $158.95Shelf charger 900W, 12' DC Cord (Charger to Car)47632172002 $210.00 $178.50Shelf charger 900W, 20' DC Cord 47632172003 $239.00 $203.15On-Board Charger Mounted to the Rear Underbody 47631087004 $789.00 $670.65Charger Cords:AC Charger Cord 6 ft Standard (Charger to Wall)105138501 No Charge No Charge AC Charger Cord 9 ft Standard (Charger to Wall)105138502 $9.00 $7.65 AC Charger Cord 6 ft Non-Terminated (Charger to Wall)105138507 No Charge No Charge AC Charger Cord 9 ft Non-Terminated (Charger to Wall)105138508 $9.00 $7.65 Lighting Options: Light Options includes DC Converter Base, No Lights - LED Display 47684674008 $58.00 $49.30 Horn Only - BSI 47684674002 $344.00 $292.40 Horn Only - LED Display 47684674009 $401.00 $340.85 Headlights Only - BSI - No Horn 47684674005 $637.00 $541.45 Headlights Only - LED Display - No Horn 47684674012 $694.00 $589.90 Headlights and Horn - BSI 47684674006 $728.00 $618.80 Headlights and Horn - LED Display 47684674013 $827.00 $702.95 Standard Lights, Includes Headlights and Tail lights - BSI - No Horn 47684674003 $936.00 $795.60 Standard Lights, Includes Headlights and Tail lights - LED Display - No Horn 47684674010 $994.00 $844.90 Standard Lights, Includes Headlights, Taillights and Horn - BSI 47684674004 $1,009.00 $857.65 Standard Lights, Includes Headlights, Taillights and Horn - LED Display 47684674011 $1,066.00 $906.10 Deluxe Lights, Includes Headlights, Tail lights, Turn Signal, and Horn - BSI 47684674007 $1,062.00 $902.70 Deluxe Lights, Includes Headlights, Tail lights, Turn Signal, and Horn - LED Display 47684674014 $1,120.00 $952.00 LED Club Car Logo (Requires Lighting Selection)47609284001 $128.00 $108.80 Description Tempo Lithium Ion (POV) Price Guide Page 43 of 68 DocuSign Envelope ID: C1E378DC-8E37-4254-A22C-84146580C109 Part Number U.S. Suggested List Price City of KC/OMNIA Partners $ Tempo 2 Pass Lithium Ion (POV) Description Private Use Speed Option (19.2 MPH)SWP123004 $75.00 $63.75 Controllers: Installation Motor Controller Unit 235A 47687930002 No Charge No Charge Installation Motor Controller Unit 375A 47687930001 $63.00 $53.55 Factory Installed Optional Equipment Add the optional equipment pricing below to the price of the standard vehicle, FOB Augusta, GA. All prices are applicable only to optional equipment purchased and shipped with new vehicle orders and include installation at the factory. Part numbers preceded with SVP are subject to change without notice. Please refer to the Custom Solutions price list for the most up to date pricing. Accent Stripes: Gold Accent Stripe 47614574001 $111.00 $94.35 Black Accent Stripe 47614574002 $111.00 $94.35 Silver Accent Stripe 47614574003 $111.00 $94.35 SAM ACCESSORIES (Choose One Per Vehicle Side) Drivers Side Accessories: Sand Bottle 103451602 $51.00 $43.35 Sand Bucket - Standard 102536102 $106.00 $90.10 CaddyMaster Cooler, 8 Qt.102589702 $97.00 $82.45 Dual Sand Bottle 103451502 $97.00 $82.45 Ball and Club Cleaner 102538802 $130.00 $110.50 Passenger Side Accessories: Sand Bottle 103451601 $51.00 $43.35 Sand Bucket - Standard 102536101 $106.00 $90.10 CaddyMaster Cooler, 8 Qt 102589701 $97.00 $82.45 Dual Sand Bottle 103451501 $97.00 $82.45 Ball and Club Cleaner 102538801 $130.00 $110.50 Number Decals: Standard, Installed, each (black/gold)BY INSTL LOCATION No Charge No Charge Custom, Installed, each BY INSTL LOCATION $24.00 $20.40 Domed Number Decal, Installed, each (black/gold)BY INSTL LOCATION No Charge No Charge Domed Number Decal, Installed, each (black/silver)BY INSTL LOCATION No Charge No Charge Custom Domed Number Decal, Installed, each BY INSTL LOCATION $24.00 $20.40 Standard, Loose, each 102533201 No Charge No Charge Logo: Custom, Installed, each BY INSTL LOCATION $28.00 $23.80 Custom, Loose, each 102553799 $28.00 $23.80 Dash: Burlwood Locking Dash 103388401 $270.00 $229.50 Carbon Fiber Locking Dash 103388402 $270.00 $229.50 Towing Packages: Rear Tow Plate 102570201 $63.00 $53.55 Permanent, Standard/Heavy Duty (for towing up to 5 golf cars with a towing vehicle) requires tow bar 102539401 $138.00 $117.30 Permanent, Deluxe/Self Contained Onboard (for towing up to 5 golf cars with a towing vehicle) includes tow bar 102539501 $318.00 $270.30 Ashtrays: Ashtray, Drop-In, Driver Side 102542102 $13.00 $11.05 Differential Guard: 102551003 $42.00 $35.70 Uncommon Key Switches: Uncommon Key Switch B 47632481002 $78.00 $66.30 Accessories - Factory Installed: CaddyMaster Cooler, 8 Qt.: Sweater Basket (not limited by side)102591801 $97.00 $82.45 Field Installed Accessories Add the accessory pricing below to the price of the standard vehicle, FOB Augusta, GA. All prices are applicable only to accessories purchased and shipped with new vehicle orders. Prices do not include installation at the factory. Part numbers preceeded with SVP are subject to change without notice. Please refer to Custom Solutions price list for the most up to date pricing. Club Protector Bag Covers: Beige Magnetic Bag Cover 47606243001 $279.00 $237.15 Black Magnetic Bag Cover 47606243002 $279.00 $237.15 Green Magnetic Bag Cover 47606243003 $279.00 $237.15 Accessories - Field Installed: Deluxe Info Holder Single Pack 47568987001 $29.00 $24.65 Strut Mounted Sand Bottle with Handle Kit 47568988001 $58.00 $49.30 Canopy Storage Net 47568986001 $20.00 $17.00 Rake 102589001 $25.00 $21.25 5 Panel Rear View Wink Mirror 105288901 $92.00 $78.20 Hinged Windshield Kit 105248701 $170.00 $144.50 Tinted Hinged Windshield Kit 105248601 $203.00 $172.55 Premium Clear Hinged Windshield Kit 47682033001 $260.00 $221.00 Premium Tinted Hinged Windshield Kit 47682033002 $260.00 $221.00 Extra Bag Attachment 102591101 $242.00 $205.70 Enclosures: 3-Sided, Beige (cannot be used with Bag Cover)AM1258402 $386.00 $328.10 3-Sided, White (cannot be used with Bag Cover)AM1258401 $386.00 $328.10 The company reserves the right to make design changes in its products without obligation to make these changes on units previously sold. Pricing is FOB Augusta, GA, does not include crating charges and is subject to change without notice. All orders are subject to acceptance by Club Car LLC. Post Office Box 204658 Augusta, Georgia 30917-4658 Telephone: (706) 863-3000 Fax: (706) 860-7231 Tempo Lithium Ion (POV) Price Guide Page 44 of 68 DocuSign Envelope ID: C1E378DC-8E37-4254-A22C-84146580C109 2023 Carryall 1500 2WD Gasoline Effective February 18, 2022 Part Number U.S. Suggested List Price City of KC/OMNIA Partners $ CARRYALL 1500 2WD Carryall 1500 2WD, Gasoline, 20.1 hp (15.0 kW) rated @ 3400 rpm)103950001 $12,709.00 $10,802.65 (per SAE J1349), FH680D Engine, 4-Wheel Hydraulic Disc Brakes Gas Car is not available in California as of January 1, 2022 CHOOSE ONE: Standard Capacity: 800 lb Bed Capacity, 1200 lb Total Payload Capacity 103841401 No Charge No Charge Standard Capacity: 1050 lb Bed Capacity, 1450 Total Payload Capacity 103841410 $130.00 $110.50 High Capacity: 1500 lb Bed Capacity, 1900 Total Payload Capacity 103841409 $342.00 $290.70 STANDARD EQUIPMENT: 2 Wheel Drive System Included No Charge No Charge Aluminum Cargo Box Included No Charge No Charge Auto Locking Rear Differential Included No Charge No Charge Turf Tires - Front (23 inch)Included No Charge No Charge Turf Tires - Rear (24 inch)Included No Charge No Charge Radio/Beverage Holders and Glove Box with Door Included No Charge No Charge Headlights Included No Charge No Charge 2-Inch Rear Receiver Hitch Included No Charge No Charge Low Oil Warning Light Included No Charge No Charge Dash Mounted Fuel/Hour Gauge Included No Charge No Charge 12-volt Dash Mounted Power Outlet Included No Charge No Charge Tilt Steering Wheel Included No Charge No Charge Park Brake Activation Warning Light Included No Charge No Charge FACTORY INSTALLED OPTIONAL EQUIPMENT Add the optional equipment pricing below to the price of the standard vehicle, FOB Augusta, GA. All prices are applicable only to optional equipment purchased and shipped with new vehicle orders and include installation at the factory. Part numbers preceded with SVP are subject to change without notice. Please refer to the Custom Solutions price list for the most up to date pricing. Body Colors: Dark Green 103947510 No Charge No Charge Dark Gray 103947514 No Charge No Charge Red 103947515 No Charge No Charge Custom Color 103947517 Quote Quote Seat: No ROPS Bench Seat, Gray, (Standard)103963002 No Charge No Charge With ROPS (requires ROPS side and top kits below) Bench Seat, Gray 103963006 $130.00 $110.50 Bench Seat, Black 103963007 $130.00 $110.50 High Back Bucket Seats, with Adjustable Driver Seat, Gray 103963005 $230.00 $195.50 ROPS Kits ROPS Kit, Sides (both sides and top kits required for ROPS protection)103511201 $365.00 $310.25 ROPS Kit, Top (both sides and top kits required for ROPS protection)103225801 $195.00 $165.75 Tires: Turf Tires, Front, 23 inch 102942124 No Charge No Charge Turf Tires, Rear, 24 inch 102942224 No Charge No Charge All Terrain Tires, Front 102942113 $70.00 $59.50 All Terrain Tires, Rear 102942213 $72.00 $61.20 Mud Tires, Front 102942106 $28.00 $23.80 Mud Tires, Rear 102942206 $28.00 $23.80 Bed Box: Aluminum Cargo Box (Standard)103232901 No Charge No Charge Flatbed 103719501 No Charge No Charge Black Steel Bed Box 102229805 $193.00 $164.05 Bed Lift: Manual Bed Lift 102860101 No Charge No Charge Electric Bed Lift 103238101 $578.00 $491.30 Steering Wheel Comfort Grip 102869001 $82.00 $69.70 CVT Cover: No Cover 102616005 No Charge No Charge CVT Cover, Unsealed 102616001 $64.00 $54.40 CVT Cover, Sealed 102616002 $140.00 $119.00 Lighting Packages: (Must select one to meet ANSI requirement) Horn 103250201 $101.00 $85.85 Standard Lights: Taillights, Brake Lights and Horn 103199402 $208.00 $176.80 Deluxe Lights: Turn Signals, Taillights, Brake Lights and Horn 103199504 $419.00 $356.15 High Altitude Carburetor Jets: Jets 3,300-6,600 ft.103354002 No Charge No Charge Jets 6,600 + ft.103354003 No Charge No Charge Description CA1500 2WD Price Guide Page 45 of 68 DocuSign Envelope ID: C1E378DC-8E37-4254-A22C-84146580C109 Part Number U.S. Suggested List Price City of KC/OMNIA Partners $ CARRYALL 1500 2WD Description Guards and Covers-Factory: Rear Differential Rock Guard 102709702 $85.00 $72.25 Belly Pan 103326602 $137.00 $116.45 Other Factory Installed Accessories: Reverse Buzzer 103354201 $13.00 $11.05 Red Safety Reflector 103835502 $29.00 $24.65 Parking Brake and Reverse Warning Buzzer 103894601 $42.00 $35.70 Tow Hook 103947101 $71.00 $60.35 Nerf Bars 102054603 $208.00 $176.80 Accessory Terminal Instl 47653060001 $121.00 $102.85 FIELD INSTALLED ACCESSORIES Add the accessory pricing below to the price of the standard vehicle, FOB Augusta, GA. All prices are applicable only to accessories purchased and shipped with new vehicle orders. Prices do not include installation at the factory. Part numbers preceeded with SVP are subject to change without notice. Please refer to Custom Solutions price list for the most up to date pricing. Brushguard Tube Bumper (Tow Hook required at additional charge)103236001 $141.00 $119.85 Brush Guard Kit (Tow Hook required at additional charge)103212801 $322.00 $273.70 47617513001 $5,549.00 $4,716.65 Cab Accessories: Gas Relay Harness Kit (req’d for Gas vehicles)47641905001 $92.00 $78.20 Cab Interior Mirror Kit 47587416001 $99.00 $84.15 LED Dome Light Kit 47587421001 $116.00 $98.60 Cab Warning Beacon Kit 47587418001 $208.00 $176.80 Driver & Passenger external side view mirrors 47587417001 $227.00 $192.95 Windshield Washer 47617518001 $288.00 $244.80 Cab Front LED Work Light Kit 47587419001 $346.00 $294.10 Overhead Console 47617522001 $694.00 $589.90 Canopy Top: Canopy Top, Black Plastic (requires ROPS Top & Side Kits at add'l charge)103955901 $247.00 $209.95 Enclosure, Vinyl 3-Sided, Black AM1223001 $456.00 $387.60 Cargo and Bed Accessories: Bed Mat 101770202 $85.00 $72.25 Cargo Protection Cage, Black Steel with Black Headrest 103175502 $286.00 $243.10 Cargo Protection Cage, Black Steel with Gray Headrest 103175501 $286.00 $243.10 Cargo Bed Tool Box 101837502 $384.00 $326.40 Guards and Covers-Field: Caliper Rock Guard Kit 103973201 $82.00 $69.70 Skid Plate Kit 103958301 $141.00 $119.85 Windshield: (Requires ROPS Top and Side Kits above): Solid Windshield 105080801 $190.00 $161.50 Fold Down Windshield 105081001 $220.00 $187.00 Other Field Installed Accessories: Spark Arrestor 101629009 $68.00 $57.80 5 Panel Rear View Mirror 105289001 $95.00 $80.75 Heavy Duty Front Receiver Hitch Kit 103962201 $267.00 $226.95 Warn Winch Kit, 2500 pound (NOT AVAILABLE IN EU)103253101 $668.00 $567.80 The company reserves the right to make design changes in its products without obligation to make these changes on units previously sold. Pricing is FOB Augusta, GA, does not include crating charges and is subject to change without notice. All orders are subject to acceptance by Club Car LLC. Post Office Box 204658 Augusta, Georgia 30917-4658 Telephone: (706) 863-3000 Fax: (706) 860-7231 Cab Enclosure, Modular (Includes doors and deluxe windshield) Must select ROPS KIT CA1500 2WD Price Guide Page 46 of 68 DocuSign Envelope ID: C1E378DC-8E37-4254-A22C-84146580C109 2023 Carryall 1500 AWD Gasoline & Diesel Effective February 18, 2022 Part Number U.S. Suggested List Price City of KC/OMNIA Partners $ CARRYALL 1500 AWD Carryall 1500, Gasoline, 20.1 hp (15.0 kW) rated @3400 rpm (Not Available for EU)103179102 $14,178.00 $12,051.30 (per SAE J1349), FH680D Engine, 4-Wheel Hydraulic Disc Brakes Gas Car is not available in California as of January 1, 2020 Carryall 1500, Diesel, 20.0 hp (15.0 kW) rated @3600 rpm 103179202 $16,305.00 $13,859.25 (per SAE J1995), Kubota D722 Engine, 4 Wheel Hydraulic Disc Brakes CHOOSE ONE: Standard Capacity: 800 lb Bed Capacity, 1200 lb Total Payload Capacity 103841401 No Charge No Charge Heavy Duty Capacity: 1050 lb Bed Capacity, 1450 Total Payload Capacity 103841402 $328.00 $278.80 CE requirement: Factory installation of CE certification kit (Standard Capacity) Required for EU 103793207 $325.00 $276.25 Factory installation of CE certification kit (Heavy Duty Capacity) Required for EU 103793208 $325.00 $276.25 STANDARD EQUIPMENT: IntelliTrak™ 4-Wheel Drive System Included No Charge No Charge Aluminum Cargo Box Included No Charge No Charge Auto Locking Front and Rear Differential Included No Charge No Charge Heavy-Duty All Terrain Tires - Front Included No Charge No Charge Heavy-Duty All Terrain Tires - Rear Included No Charge No Charge Radio/Beverage Holders and Glove Box with Door Included No Charge No Charge Headlights Included No Charge No Charge 2-Inch Rear Receiver Hitch Included No Charge No Charge Low Oil Warning Light Included No Charge No Charge Coolant High Temperature Warning Light (Diesel Only)Included No Charge No Charge Dash Mounted Fuel/Hour Gauge Included No Charge No Charge 12-volt Dash Mounted Power Outlet Included No Charge No Charge Tilt Steering Wheel Included No Charge No Charge Seatbelts Included No Charge No Charge 4-Point ROPS Cage Included No Charge No Charge Park Brake Activation Warning Light Included No Charge No Charge FACTORY INSTALLED OPTIONAL EQUIPMENT Add the optional equipment pricing below to the price of the standard vehicle, FOB Augusta, GA. All prices are applicable only to optional equipment purchased and shipped with new vehicle orders and include installation at the factory. Part numbers preceded with SVP are subject to change without notice. Please refer to the Custom Solutions price list for the most up to date pricing. Body Colors: Dark Gray 103181414 No Charge No Charge Dark Green 103181410 No Charge No Charge Red 103181415 No Charge No Charge Custom Color 103181417 Quote Quote Seat: Gray Bench Seat 103185003 No Charge No Charge Black Bench Seat 103185004 No Charge No Charge Gray Bucket Seats 103185002 $128.00 $108.80 Black Bucket Seats 103185006 $151.00 $128.35 Tires: All Terrain Tires, Front 102942113 No Charge No Charge All Terrain Tires, Rear 102942213 No Charge No Charge All Terrain Tires, Aluminum Alloy Wheels, Front 102942114 $237.00 $201.45 All Terrain Tires, Aluminum Alloy Wheels, Rear 102942214 $237.00 $201.45 Mud Tires, Front 102942106 $28.00 $23.80 Mud Tires, Rear 102942206 $28.00 $23.80 Mud Tires, Aluminum Alloy Wheels, Front 102942112 $237.00 $201.45 Mud Tires, Aluminum Alloy Wheels, Rear 102942212 $237.00 $201.45 Bed Box: Aluminum Cargo Box 103232901 No Charge No Charge No Cargo Box 103232902 No Charge No Charge Flatbed 103719501 No Charge No Charge Black Steel Bed Box 102229805 $193.00 $164.05 Custom Cargo Box 103232903 Quote Quote Bed Lift: Manual Bed Lift 102860101 No Charge No Charge Electric Bed Lift 103238101 $578.00 $491.30 CVT Cover: CVT Cover, Standard 102616001 No Charge No Charge CVT Cover, Sealed 102616002 $140.00 $119.00 No CVT Cover 102616005 No Charge No Charge Description CA1500 AWD Price Guide Page 47 of 68 DocuSign Envelope ID: C1E378DC-8E37-4254-A22C-84146580C109 Part Number U.S. Suggested List Price City of KC/OMNIA Partners $ CARRYALL 1500 AWD Description FACTORY INSTALLED ACCESSORIES Lighting Packages: (Must select one to meet ANSI requirement) Horn 103250201 $101.00 $85.85 Standard Lights: Taillights, Brake Lights and Horn 103199402 $208.00 $176.80 Deluxe Lights: Turn Signals, Taillights, Brake Lights and Horn 103199504 $419.00 $356.15 High Altitude Carburetor Jets: (Gas Only) Jets 3,300-6,600 ft.103354002 No Charge No Charge Jets 6,600 + ft.103354003 No Charge No Charge Guards and Covers-Factory: Rear Differential Rock Guard 102709702 $85.00 $72.25 Skid Plate Belly Pan 103326602 $137.00 $116.45 Black Aluminum Front Half Shaft CV Boot Guards 103894802 $145.00 $123.25 Speed Options: 3 Post CVT Installation 19 MPH Gas SVP344503 $280.00 $238.00 Engine Braking CVT Instl. 19 MPH Gas SVP344703 $680.00 $578.00 Engine Braking CVT Instl. 25 MPH Gas SVP344705 $680.00 $578.00 3 Post CVT Installation 19 MPH Diesel SVP420103 $280.00 $238.00 Engine Braking CVT Instl. 19 MPH Diesel SVP420403 $680.00 $578.00 Engine Braking CVT Instl. 25 MPH Diesel SVP420405 $680.00 $578.00 Other Factory Installed Accessories: Reverse Warning Buzzer 103354201 $13.00 $11.05 Red Safety Reflector 103835502 $29.00 $24.65 Parking Brake Buzzer Option 103894601 $42.00 $35.70 Front Wheel Drive Deactivation Switch 103835701 $95.00 $80.75 Accessory Terminal Instl 47653060001 $121.00 $102.85 Reverse / Back Up Alarm 105289501 $170.00 $144.50 Nerf Bars 102054603 $208.00 $176.80 Power Steering brake light extension harness (Required with tailights and powersteering)SVP313202 $260.00 $221.00 Power Steering 220 W NS1500511001 $512.00 $435.20 Power Steering AWD (Requires NS1500511001 at add'l charge)SVP17767002 $2,700.00 $2,295.00 FIELD INSTALLED ACCESSORIES Add the accessory pricing below to the price of the standard vehicle, FOB Augusta, GA. All prices are applicable only to accessories purchased and shipped with new vehicle orders. Prices do not include installation at the factory. Part numbers preceeded with SVP are subject to change without notice. Please refer to Custom Solutions price list for the most up to date pricing. Brushguard: Tube Bumper 103236001 $141.00 $119.85 Brush Guard 103218401 $240.00 $204.00 Brush Guard Kit 103212801 $322.00 $273.70 Curtis Cab Kit (2 Pass) (NOT available in EU)47617513001 $5,549.00 $4,716.65 Cab Accessories: (NOT AVAILABLE IN EU) Gas Relay Harness Kit (req’d for Gas vehicles)47641905001 $92.00 $78.20 Interior Rear View Mirror 47587416001 $99.00 $84.15 Premium dome light that swivels for improved functionality 47587421001 $116.00 $98.60 Dash Close Out Installation (Diesel) No power steering SVP16506001 $200.00 $170.00 Roof mounted amber strobe light 47587418001 $208.00 $176.80 Driver & Passenger external side view mirrors 47587417001 $227.00 $192.95 Windshield Washer 47617518001 $288.00 $244.80 Roof mounted, forward facing LED work lights (set of 2)47587419001 $346.00 $294.10 Cab Overhead Console Kit 47617522001 $694.00 $589.90 Cab Heater Kit, Diesel (requires Dash Close-Out Liner Kit)47617515001 $1,275.00 $1,083.75 Cab Heater Install, Gas (requires Dash Close-Out Liner Kit and Alternator Amp upgrade (40 or 60 AMP) at add'l charge)SVP291401 $3,055.00 $2,596.75 Canopy Top: Black Canopy Top Kit 103955901 $247.00 $209.95 CA1500 AWD Price Guide Page 48 of 68 DocuSign Envelope ID: C1E378DC-8E37-4254-A22C-84146580C109 Part Number U.S. Suggested List Price City of KC/OMNIA Partners $ CARRYALL 1500 AWD Description Cargo and Bed Accessories: Bed Mat 101770202 $85.00 $72.25 Black Cargo Protection Cage 103175502 $286.00 $243.10 Gray Cargo Protection Cage 103175501 $286.00 $243.10 Aluminum Locking Toolbox, Cargo Box 101837502 $384.00 $326.40 Enclosure, Vinyl 3-Sided, Black AM1223001 $456.00 $387.60 Guards and Covers-Field: Caliper Rock Guard Kit 103973201 $82.00 $69.70 Skid Plate Kit 103958301 $141.00 $119.85 Front Steel Skid Plate with 4x4 Logo AM1211002 $181.00 $153.85 Windshields: Solid Windshield 105080801 $190.00 $161.50 Fold Down Windshield 105081001 $220.00 $187.00 Other Field Installed Accessories: Spark Arrestor 101629009 $68.00 $57.80 5 Panel Rear View Mirror 105289001 $95.00 $80.75 Heavy Duty Front Receiver Hitch Kit 103962201 $267.00 $226.95 Roof Mounted Strobe Light 105288601 $283.00 $240.55 Warn Winch Kit, 2500 pound (NOT AVAILABLE IN EU) Requires Receiver Hitch 103253101 $668.00 $567.80 The company reserves the right to make design changes in its products without obligation to make these changes on units previously sold. Pricing is FOB Augusta, GA, does not include crating charges and is subject to change without notice. All orders are subject to acceptance by Club Car LLC. Post Office Box 204658 Augusta, Georgia 30917-4658 Telephone: (706) 863-3000 Fax: (706) 860-7231 CA1500 AWD Price Guide Page 49 of 68 DocuSign Envelope ID: C1E378DC-8E37-4254-A22C-84146580C109 2023 Carryall 1700 AWD Gasoline & Diesel Effective February 18, 2022 Part Number U.S. Suggested List Price City of KC/OMNIA Partners $ CARRYALL 1700 AWD Carryall 1700, Gasoline, 20.1 hp (15.0 kW) rated @3400 rpm (Not available for EU)103179702 $17,607.00 $14,965.95 (per SAE J1349), FH680D Engine, 4-Wheel Hydraulic Disc Brakes Gas Car is not available in California as of January 1, 2020 Carryall 1700, Diesel, 20.0 hp (15.0 kW) rated @3600 rpm 103179802 $19,723.00 $16,764.55 (per SAE J1995), Kubota D722 Engine, 4 Wheel Hydraulic Disc Brakes STANDARD EQUIPMENT: IntelliTrak™ 4-Wheel Drive System Included No Charge No Charge Aluminum Cargo Box Included No Charge No Charge Auto Locking Front and Rear Differential Included No Charge No Charge Heavy-Duty All Terrain Tires, Front Included No Charge No Charge Heavy-Duty All Terrain Tires, Rear Included No Charge No Charge Heavy Duty Capacity: 800 lb Bed Capacity, 1600 Total Payload Capacity Included No Charge No Charge Radio/Beverage Holders and Glove Box with Door Included No Charge No Charge Headlights Included No Charge No Charge 2-Inch Rear Receiver Hitch Included No Charge No Charge Low Oil Warning Light Included No Charge No Charge Coolant High Temperature Warning Light (Diesel Only)Included No Charge No Charge Park Brake - Foot Operated Included No Charge No Charge Reduced Speed Reverse Included No Charge No Charge Dash Mounted Fuel/Hour Gauge Included No Charge No Charge 12-volt Dash Mounted Power Outlet Included No Charge No Charge Tilt Steering Wheel Included No Charge No Charge Seatbelts Included No Charge No Charge 6-Point ROPS Cage Included No Charge No Charge Park Brake Activation Warning Light Included No Charge No Charge FACTORY INSTALLED OPTIONAL EQUIPMENT Add the optional equipment pricing below to the price of the standard vehicle, FOB Augusta, GA. All prices are applicable only to optional equipment purchased and shipped with new vehicle orders and include installation at the factory. Part numbers preceded with SVP are subject to change without notice. Please refer to the Custom Solutions price list for the most up to date pricing. Body Color: Dark Gray 103351514 No Charge No Charge Dark Green 103351510 No Charge No Charge Red 103351515 No Charge No Charge Custom Color 103351517 Quote Quote Seats: Bench Seats, Front and Rear, with 4 seat belts, Gray (Standard)103220303 No Charge No Charge Bench Seats, Front and Rear, with 4 seat belts, Black 103220304 No Charge No Charge Front Bucket Seats and Rear Bench Seat, with 4 seat belts, Gray 103220301 $128.00 $108.80 Tires: Front Heavy Duty All Terrain Tires on Black Wheels 102942113 No Charge No Charge Heavy Duty All Terrain Rear Tires on Black Wheels 102942213 No Charge No Charge Front Heavy Duty All Terrain Tires on Alloy Wheels 102942114 $237.00 $201.45 Rear Heavy Duty All Terrain Tires on Alloy Wheels 102942214 $237.00 $201.45 Front Mud Tires on Black Wheels 102942106 $28.00 $23.80 Mud Rear Tires on Black Wheels 102942206 $28.00 $23.80 Front Mud Tires on Alloy Wheels 102942112 $237.00 $201.45 Rear Mud Tires on Alloy Wheels 102942212 $237.00 $201.45 Bed Box: Aluminum Cargo Box 103232901 No Charge No Charge Flatbed 103719501 No Charge No Charge Black Steel Bed Box 102229805 $193.00 $164.05 Bed Lift: Manual Bed Lift 102860101 No Charge No Charge Electric Bed Lift 103238401 $578.00 $491.30 CVT Cover: Standard CVT Cover 102616001 No Charge No Charge Sealed CVT Cover 102616002 $140.00 $119.00 No CVT Cover 102616005 No Charge No Charge FACTORY INSTALLED ACCESSORIES CE Requirement: CE Requirement 103793209 $325.00 $276.25 Lighting Packages: Horn 103250201 $101.00 $85.85 Standard Lights: Taillights, Brake Lights and Horn 103199402 $208.00 $176.80 Deluxe Lights: Turn Signals, Taillights, Brake Lights and Horn 103199504 $419.00 $356.15 High Altitude Carburetor Jets: (Gas Only) Jets 3,300-6,600 ft.103354002 No Charge No Charge Jets 6,600 + ft.103354003 No Charge No Charge Guards and Covers-Factory: Rear Differential Rock Guard 102709702 $85.00 $72.25 Skid Plate Belly Pan 103326602 $137.00 $116.45 Black Aluminum Front Half Shaft CV Boot Guards 103894802 $145.00 $123.25 Description Carryall 1700 AWD Price Guide Page 50 of 68 DocuSign Envelope ID: C1E378DC-8E37-4254-A22C-84146580C109 Part Number U.S. Suggested List Price City of KC/OMNIA Partners $ CARRYALL 1700 AWD Description Speed Options: 3 Post CVT Installation 19 MPH Gas SVP344503 $280.00 $238.00 Engine Braking CVT Instl. 19 MPH Gas SVP344703 $680.00 $578.00 Engine Braking CVT Instl. 25 MPH Gas SVP344705 $680.00 $578.00 3 Post CVT Installation 19 MPH Diesel SVP420103 $280.00 $238.00 Engine Braking CVT Instl. 19 MPH Diesel SVP420403 $680.00 $578.00 Engine Braking CVT Instl. 25 MPH Diesel SVP420405 $680.00 $578.00 Other Factory Installed Accessories: Reverse Warning Buzzer 103354201 $13.00 $11.05 Red Safety Reflector 103835502 $29.00 $24.65 Parking Brake and Reverse Warning Buzzer 103894601 $42.00 $35.70 Front Wheel Drive Deactivation Switch 103835701 $95.00 $80.75 Accessory Terminal Instl 47653060001 $121.00 $102.85 Reverse / Back Up Alarm 105289501 $170.00 $144.50 Dash Close Out Installation (Diesel) No power steering SVP16506001 $200.00 $170.00 Power Steering brake light extension harness (Required with tailights and powersteering)SVP313202 $260.00 $221.00 Nerf Bars (Long)102890601 $305.00 $259.25 Power Steering 220 W NS1500511001 $512.00 $435.20 Power Steering AWD (Requires NS1500511001 at add'l charge)SVP17767002 $2,700.00 $2,295.00 FIELD INSTALLED ACCESSORIES Add the accessory pricing below to the price of the standard vehicle, FOB Augusta, GA. All prices are applicable only to accessories purchased and shipped with new vehicle orders. Prices do not include installation at the factory. Part numbers preceeded with SVP are subject to change without notice. Please refer to Custom Solutions price list for the most up to date pricing. Brushguard: Tube Bumper 103236001 $141.00 $119.85 Brush Guard 103218401 $240.00 $204.00 Brush Guard Kit 103212801 $322.00 $273.70 Cab Enclosure, Modular (Includes doors and deluxe windshield) Must select ROPS KIT (NOT AVAILABLE IN EU)47617514001 $8,819.00 $7,496.15 Cab Accessories: (NOT AVAILABLE IN EU) Gas Relay Harness Kit (req’d for Gas vehicles)47641905001 $92.00 $78.20 Cab Interior Mirror Kit 47587416001 $99.00 $84.15 LED Dome Light Kit 47587421001 $116.00 $98.60 Cab Warning Beacon Kit 47587418001 $208.00 $176.80 Driver & Passenger external side view mirrors 47587417001 $227.00 $192.95 Windshield Washer 47617518001 $288.00 $244.80 Cab Front LED Work Light Kit 47587419001 $346.00 $294.10 Overhead Console 47617522001 $694.00 $589.90 Cab Heater Kit, Diesel (requires Dash Close-Out Liner Kit)47617515001 $1,275.00 $1,083.75 Canopy Top: Black Canopy Top Kit AM1220201 $515.00 $437.75 Cargo and Bed Accessories: Bed Mat 101770202 $85.00 $72.25 Cargo Protection Cage, Black Steel with Black Headrest 103175502 $286.00 $243.10 Cargo Protection Cage, Black Steel with Gray Headrest 103175501 $286.00 $243.10 Cargo Bed Tool Box 101837502 $384.00 $326.40 Enclosure, Vinyl 3-Sided, Black AM1223101 $689.00 $585.65 Guards and Covers-Field: Caliper Rock Guard Kit 103973201 $82.00 $69.70 Skid Plate Kit 103958301 $141.00 $119.85 Front Skidplate Kit AM1211002 $181.00 $153.85 Windshields: Solid Windshield 105080801 $190.00 $161.50 Fold Down Windshield 105081001 $220.00 $187.00 Other Field Installed Accessories: Spark Arrestor 101629009 $68.00 $57.80 5 Panel Rear View Mirror 105289001 $95.00 $80.75 Wiring Harness (for use with Winch Kit)AM1240101 $97.00 $82.45 Front Receiver Hitch Kit, Heavy Duty 103962201 $267.00 $226.95 Roof Mounted Strobe Light 105288601 $283.00 $240.55 Warn Winch Kit, 2500 pound (NOT AVAILABLE IN EU) Requires Wiring Harness and Receiver Kit 103253101 $668.00 $567.80 The company reserves the right to make design changes in its products without obligation to make these changes on units previously sold. Pricing is FOB Augusta, GA, does not include crating charges and is subject to change without notice. All orders are subject to acceptance by Club Car LLC. Post Office Box 204658 Augusta, Georgia 30917-4658 Telephone: (706) 863-3000 Fax: (706) 860-7231 Carryall 1700 AWD Price Guide Page 51 of 68 DocuSign Envelope ID: C1E378DC-8E37-4254-A22C-84146580C109 2023 Café Express Gasoline Effective February 18, 2022 Part Number U.S. Suggested List Price City of KC/OMNIA Partners $ CAFÉ EXPRESS Café Express Gasoline: **14 hp (429cc) Overhead Valve with Closed Loop EFIEngine, Pedal Start, 4-wheel brakes 104030601 $25,314.00 $20,251.20 STANDARD EQUIPMENT: Dark Green Cowl Standard No Charge No Charge Premium Tire 6-ply rated - 20x10-10 Standard No Charge No Charge 12V Powerpoint Standard No Charge No Charge Four Wheel Brakes Standard No Charge No Charge Solid Windshield Standard No Charge No Charge Upper Cabinet Standard No Charge No Charge Green and White Canopy Standard No Charge No Charge Liquor Bar - 4 bottle caddy Standard No Charge No Charge Fuel Gauge/Hour Meter Standard No Charge No Charge Halogen Headlights Standard No Charge No Charge **rating at 3600 rpm per SAE J1940 REQUIRED OPTIONS Body Color: Dark Green Cowl 105120001 No Charge No Charge Dark Gray Cowl 105120002 No Charge No Charge White Cowl 105120003 No Charge No Charge Bright Blue Cowl 105120004 No Charge No Charge Beige Cowl 105120006 $91.00 $77.35 Red Cowl 105120007 $91.00 $77.35 Black Cowl 105120008 $91.00 $77.35 Classic Blue Cowl 105120009 $91.00 $77.35 Titanium Silver Cowl 105120005 $133.00 $113.05 Custom Color Cowl 105120010 Quote Quote Seats: Gray Seat 105064203 No Charge No Charge White Seat 105064201 $59.00 $50.15 Black Seat 105064202 $59.00 $50.15 Beige Seat 105064209 $117.00 $99.45 Custom Color Seat 105064204 Quote Quote Starting: Pedal Start No Charge No Charge Transaxle: Standard Transaxle 103976601 No Charge No ChargeTransaxle w/ Limited Slip Differential 103976602 $416.00 $353.60 Headlights: Halogen Headlights 105122701 No Charge No Charge LED Headlight Upgrade 105122702 $230.00 $195.50 ACCESSORIES Add the optional equipment pricing below to the price of the standard vehicle, FOB Augusta, GA. All prices are applicable only to optional equipment purchased and shipped with new vehicle orders and include installation at the factory. Part numbers preceded with SVP are subject to change without notice. Please refer to the Custom Solutions price list for the most up to date pricing. Suspension: Heavy Duty Front Suspension 105115801 No Charge No Charge Extra Heavy Duty Front Suspension 105115901 $33.00 $28.05 Key Switches: Pedal Start Standard Keyswitch 105148302 No Charge No Charge Pedal Start Alternate Keyswitch 105148303 No Charge No Charge Custom Logos: Custom, Installed, each BY INSTL LOCATION $28.00 $23.80 Front & Rear Guards: Heavy Duty Front Brushguard 47605991001 $384.00 $326.40 Headlight Guard for Heavy Duty Brushguard 105156301 $70.00 $59.50 Front Fender Guards 105124001 $114.00 $96.90 Rear Fender Guard Kit 47653325002 $337.00 $286.45 Lighting Options: Tail Lights, Brake Lights and Horn 105122805 $246.00 $209.10 Tail Lights, Brake Lights, Turn Signals and Horn 105122806 $396.00 $336.60 Canopy: Cafe Express Canopy - Green 105104201 No Charge No Charge Cafe Express Canopy - Green Tweed 105104203 No Charge No Charge Cafe Express Canopy - Blue Tweed 105104204 No Charge No Charge Cafe Express Canopy - Linen Tweed 105104205 No Charge No Charge Cafe Express Canopy - Gray Tweed 105104206 No Charge No Charge Description Cafe Express Pricing Guide Page 52 of 68 DocuSign Envelope ID: C1E378DC-8E37-4254-A22C-84146580C109 Part Number U.S. Suggested List Price City of KC/OMNIA Partners $ CAFÉ EXPRESS Description Wheel Covers 5-Spoke Silver Wheel Cover (set of 4)105106401 $75.00 $63.75 Reflectors: Standard Reflector Package 105144701 $39.00 $33.15 2 Round Amber, 4 round Red Reflectors (vehicles not equipped with a cargo box or flat bed)SVP303101 $60.00 $51.00 Rear Mounted Safety Triangle SVP533701 $140.00 $119.00 Mirror Kits: 5 Panel Rear View Mirror 105288801 $92.00 $78.20 Non-Cab Side Mirror set 47710012001 $222.00 $188.70 Number Decals: Standard Decal $10.00 $8.50 Custom Decal $24.00 $20.40 Other Accessories: Pedal Opening Weather Guard 105149102 $33.00 $28.05 Differential Guard, Gas 103992401 $44.00 $37.40 Spark Arrestor 101629004 $66.00 $56.10 Magnetic Drain Plug for Open Differential SVP720601 $80.00 $68.00 USB port adjacent to 12V Powerpint 47675266001 $117.00 $99.45 Locking Glovebox Door 105139702 $119.00 $101.15 Magnetic Drain Plug for Oil Pan 47653326001 $139.00 $118.15 Cafe Express SE Cash Drawer SVP296501 $360.00 $306.00 Humidor 102428501 $358.00 $304.30 4-Digit Security Pad for Gas Vehicles SVP705002 $540.00 $459.00 Food Warmer 102195101 $413.00 $351.05 Food Warmer Box SVP240201 $2,800.00 $2,380.00 * These items will be priced individually in CustomerView and the sum of the items will equal the price shown above. The company reserves the right to make design changes in its products without obligation to make these changes on units previously sold. Pricing is FOB Augusta, GA, does not include crating charges and is subject to change without notice. All orders are subject to acceptance by Club Car LLC. Post Office Box 204658 Augusta, Georgia 30917-4658 Telephone: (706) 863-3000 Fax: (706) 860-7231 Cafe Express Pricing Guide Page 53 of 68 DocuSign Envelope ID: C1E378DC-8E37-4254-A22C-84146580C109 2023 Villager 2+2 LSV Electric Effective February 18, 2022 Description Part Number U.S. Suggested List Price City of KC/OMNIA Partners $ VILLAGER 2+2 LSV Villager 2+2 LSV 103731201 $12,314.00 $10,713.18 STANDARD EQUIPMENT: On Board Battery Charger with Reel Included No Charge No Charge Four Wheel Brakes Included No Charge No Charge DC Converter, 48-volt to 12-volt Included No Charge No Charge Cup Holders Included No Charge No Charge Dash Pockets Included No Charge No Charge Deluxe Lighting Package (headlights, LED taillights, center high mount and rear brake lights, turn signals, reverse/backup light and horn)Included No Charge No Charge Canopy Top with Integrated Lap & Shoulder Belts (White or Beige, Field Installed)Included No Charge No Charge Illuminated Rear License Plate Frame Included No Charge No Charge Parking Brake Included No Charge No Charge Front Fixed Bench Seat, Forward Facing See Below No Charge No Charge Rear Fixed Bench Seat, Rear Facing See Below No Charge No Charge Solid Safety Glass Windshield with Wiper Included No Charge No Charge Comfort Grip Steering Wheel Included No Charge No Charge Reverse Warning Indicator Included No Charge No Charge Backup Camera Included No Charge No Charge Unique Key Switch (Random)Included No Charge No Charge Tires, 18 x 8.5-8, DOT Premium Tread, 8" Gray Wheels w/ 7-spoke Wheel Covers See Below No Charge No Charge Mirror Kit, Interior and Driver Side 103761201 No Charge No Charge PACKAGES COMMERCIAL PACKAGE PKG 2P2 COM LSV $3,055.00 $2,596.75 Choice of White, Beige, Black, Dark Green or Classic Blue Body Color 103746002 Included Included Choice of Beige or White Seats 103735902 Included Included Choice of Beige or White Standard Canopy Top 103784001 Included Included Standard Tires/Wheels Included Included Included Hour Meter 101354207 Included Included Speedometer 103736201 Included Included Battery Capacity Indicator 103257604 Included Included Differential Guard 101611401 Included Included FACTORY INSTALLED MODEL OPTIONS Add the optional equipment pricing below to the price of the standard vehicle, FOB Augusta, GA. All prices are applicable only to optional equipment purchased and shipped with new vehicle orders and include installation at the factory. Part numbers preceded with SVP are subject to change without notice. Please refer to the Custom Solutions price list for the most up to date pricing. Body Color: White (standard)103746002 No Charge No Charge Beige 103746001 No Charge No Charge Black 103746010 No Charge No Charge Red 103746006 No Charge No Charge Dark Green 103746009 No Charge No Charge Classic Blue 103746011 No Charge No Charge Custom Color 103746003 Quote Quote Premium Colors (Requires Non-Standard Request) Diamond White Pearl NS11072705 $716.00 $608.60 Titanium Silver NS11050506 $716.00 $608.60 Sand Luster Metallic NS11071601 $716.00 $608.60 Seat Color: White (standard)103735902 No Charge No Charge Beige 103735904 No Charge No Charge Black 103735905 No Charge No Charge Gray 103735906 No Charge No Charge Sport Two-Tone, Oyster/Beige 103735907 $305.00 $259.25 Tires: 8 inch DOT Premium Tread with 12-Spoke Wheel Covers, 18 x 8.5-8 Standard No Charge No Charge 10 inch DOT Radial Tires, Alloy Wheels, 205/50R-10 103950909/29 $349.00 $296.65 Electrical System: Six (6) 8-volt PowerDrive Batteries 103863501 No Charge No Charge Six (6) 8-volt PowerDrive Batteries and Single Point Watering System 103863502 $247.00 $209.95 **See Single Point Watering System Loose Accessories in Field Installed Section** Canopy: White (standard)103992101 No Charge No Charge Beige 103992102 No Charge No Charge White 4 Passenger Monsoon XL Canopy Upgrade (includes canopy, drain system and modified brackets)103784001 $324.00 $275.40 Beige 4 Passenger Monsoon XL Canopy Upgrade (includes canopy, drain system and modified brackets)103784002 $324.00 $275.40 FACTORY INSTALLED ACCESSORIES Add the optional equipment pricing below to the price of the standard vehicle, FOB Augusta, GA. All prices are applicable only to optional equipment purchased and shipped with new vehicle orders and include installation at the factory. Part numbers preceded with SVP are subject to change without notice. Please refer to the Custom Solutions price list for the most up to date pricing. Other Factory Installed Accessories: Differential Guard 101611401 $41.00 $34.85 Hour Meter 101354207 $108.00 $91.80 Battery Capacity Indicator 103257604 $133.00 $113.05 Speedometer 103736201 $238.00 $202.30 Villager 2+2 LSV Price Guide Page 54 of 68 DocuSign Envelope ID: C1E378DC-8E37-4254-A22C-84146580C109 Description Part Number U.S. Suggested List Price City of KC/OMNIA Partners $ VILLAGER 2+2 LSV FIELD INSTALLED ACCESSORIES Add the accessory pricing below to the price of the standard vehicle, FOB Augusta, GA. All prices are applicable only to accessories purchased and shipped with new vehicle orders. Prices do not include installation at the factory. Part numbers preceeded with SVP are subject to change without notice. Please refer to Custom Solutions price list for the most up to date pricing. Enclosure: Enclosure, Beige AM1280501 $477.36 $405.76 Enclosure, White - Monsoon XL 103966701 $369.00 $313.65 Enclosure, Beige - Monsoon XL 103966702 $369.00 $313.65 Other Field Installed Accessories: Front License Plate Kit 103508401 $26.00 $22.10 12 Volt Powerpoint AM10619 $50.21 $42.68 Mirror Kit, Passenger Side 103761101 $61.00 $51.85 Base Accessory Kit (Required with Monsoon Canopy accessories)105285201 $158.00 $134.30 Rear Reflector Triangle for Slow Moving Vehicles 103764301 $167.00 $141.95 LED Strobe Light Kit (Only available with Monsoon canopy, requires Base accessory kit at additional charge)103867301 $179.00 $152.15 Single Point Watering System, Field Kit 103711302 $187.00 $158.95 Ventilation Kit (Only available with Monsoon canopy, requires Base accessory kit at additional charge)103867101 $193.00 $164.05 Roof Mounted Strobe Light (Only available with standard canopy)47576791001 $194.00 $164.90 Cart Key Vehicle Security System AM1208501 $392.49 $333.62 Heater/Defroster 103839901 $268.00 $227.80 Stereo Kit (Only available with Monsoon canopy, requires Base accessory kit at additional charge)105285401 $273.00 $232.05 Single Point Watering System Loose Accessories **Either a hand pump or deionizer is necessary to fill the SPWS** Hand Pump for Single Point System (order one for non-fleet/individual)104006101 $80.00 $68.00 Deionizer water purification system (required one per fleet, comes with 1 filter cartridge and regulated hose)105166801 $508.00 $431.80 Deionizer replacement filter cartridges 104005901 $199.00 $169.15 The company reserves the right to make design changes in its products without obligation to make these changes on units previously sold. Pricing is FOB Augusta, GA, does not include crating charges and is subject to change without notice. All orders are subject to acceptance by Club Car LLC. Post Office Box 204658 Augusta, Georgia 30917-4658 Telephone: (706) 863-3000 Fax: (706) 860-7231 Villager 2+2 LSV Price Guide Page 55 of 68 DocuSign Envelope ID: C1E378DC-8E37-4254-A22C-84146580C109 2023 Carryall 510 LSV Electric Effective February 18, 2022 Part Number U.S. Suggested List Price City of KC/OMNIA Partners $ CARRYALL 510 LSV Carryall 510 LSV: 400 amp AC drive, with 4-wheel hydraulic brakes 104030301 $15,992.00 $13,913.04 STANDARD EQUIPMENT: Curtis Cab: Includes safety glass windshield, wiper, interior rear view mirror and driver side mirror, seatbelt, ROPS, canopy headliner Included No Charge No Charge Digital Instrument Panel- Speedometer, Odometer, Battery Gauge, Gear indicator, Turn Signal indicator, Brake indicator, Speed Mode - Eco/Street Included No Charge No Charge On-Board Hi-Freq Charger with 15 foot (4.6m) Cord Reel Included No Charge No Charge White Cowl Included No Charge No Charge DOT Tires 6-ply rated - 20x10-10 Included No Charge No Charge 12V Powerpoint Included No Charge No Charge Gray Bucket Seats Included No Charge No Charge DC-DC Converter, 25A Included No Charge No Charge Halogen Headlights, Tail Lights, Brake Lights, Turn Signals and Horn Included No Charge No Charge Pedal Opening Weather Guard Included No Charge No Charge Backup Camera Included No Charge No Charge Reflector Package Included No Charge No Charge REQUIRED OPTIONS Front Body: White Cowl 105120003 No Charge No Charge Dark Green Cowl 105120001 No Charge No Charge Dark Gray Cowl 105120002 No Charge No Charge Bright Blue Cowl 105120004 No Charge No Charge Beige Cowl 105120006 $87.00 $73.95 Red Cowl 105120007 $87.00 $73.95 Black Cowl 105120008 $87.00 $73.95 Classic Blue Cowl 105120009 $87.00 $73.95 Titanium Silver Cowl 105120005 $127.00 $107.95 Custom Color Cowl 105120010 Quote Quote Rear Car Option: Cargo Box includes Tailgate Tether 105122102 $831.00 $706.35 Flat Bed 105122202 $215.00 $182.75 Stake Side Bed 105109501 $754.00 $640.90 Van Boxes: Gray Van Box, Pre-Assembled 47620757001 $3,098.00 $2,633.30 White Van Box, Pre-Assembled 47620757002 $3,098.00 $2,633.30 Van Box Accessories: Heavy Gauge Aluminum Shelf SVP1154601 $410.00 $348.50 Top Mount Double Ladder Rack Kit SVP1155101 $520.00 $442.00 ** Van Box requires the following at an additional charge: LED Interior Light Kit SVP1154201 $205.00 $174.25 ** Van Box with lighting options requires the following at an additional charge: High mount Brake light and reverse lights. Requires either standard or deluxe lights.SVP1154801 $261.00 $221.85 ** Van Box requires passenger side mirror at additional charge : Cab Passenger Side Mirror Kit 47587417002 $120.00 $102.00 Batteries: Extended Range Battery Upgrade 105140301 $719.00 $611.15 Headlights: LED Headlight Upgrade 105122702 $221.00 $187.85 ACCESSORIES Add the optional equipment pricing below to the price of the standard vehicle, FOB Augusta, GA. All prices are applicable only to optional equipment purchased and shipped with new vehicle orders and include installation at the factory. Part numbers preceded with SVP are subject to change without notice. Please refer to the Custom Solutions price list for the most up to date pricing. Key Switches: Cab Vehicle Keyswitch 105148201 No Charge No Charge Trailer Hitch and Trailer Hitch Balls: Heavy Duty Trailer Hitch 101972901 $104.00 $88.40 Heavy Duty 2" Rear Receiver 102065101 $114.00 $96.90 Trailer Hitch Ball - 1 7/8"1011546 $9.00 $7.65 Trailer Hitch Ball - 50mm 104033601 $29.00 $24.65 Front Guards: Heavy Duty Front Brushguard 47605991001 $369.00 $313.65 Headlight Guard for Heavy Duty Brushguard 105156301 $67.00 $56.95 Front Fender Guards 105124001 $109.00 $92.65 Wheel Covers: 5-Spoke Silver Wheel Cover (set of 4)105106401 $72.00 $61.20 Number Decals: Standard Decal $10.00 $8.50 Custom Decal $24.00 $20.40 Description Carryall 510 LSV Pricing Guide Page 56 of 68 DocuSign Envelope ID: C1E378DC-8E37-4254-A22C-84146580C109 Part Number U.S. Suggested List Price City of KC/OMNIA Partners $ CARRYALL 510 LSV Description Single Point Watering System and Accessories: Hand Pump for Single Point System (order one for non-fleet/individual)104006101 $76.00 $64.60 Single Point Watering System 103497601 $289.00 $245.65 Deionizer water purification system (required one per fleet, comes with 1 filter cartridge and regulated hose)105166801 $488.00 $414.80 Other Accessories: Differential Guard 105118701 $42.00 $35.70 Safety Triangle 103573901 $48.00 $40.80 USB port adjacent to 12V Powerpint 47675266001 $112.00 $95.20 Aluminum Locking Toolbox, Cargo Box 101837502 $369.00 $313.65 Aluminum Toolbox, Flatbed 101837401 $388.00 $329.80 Bed Lift Installation for Electric vehicles 105170302 $539.00 $458.15 VersAttach Accessories: VersAttach Rail Mount (Pair, Included in kits below)105160401 $40.00 $34.00 VersAttach Tie Down (Pair)105160901 $49.00 $41.65 VersAttach Bucket Holder (Single)105160501 $62.00 $52.70 VersAttach Multi-tool Holder (Pair, Holds 3 Long Handle Tools)105160801 $82.00 $69.70 VersAttach Flex Grip Single Tool Holder (Pair for Light tools)105161101 $82.00 $69.70 VersAttach Ratcheting Grip Tool Holder (Pair, for Trimmers)105161001 $92.00 $78.20 VersAttach Bed Divider (Single)105161201 $139.00 $118.15 VersAttach Leaf Blower Holder (Single)105161401 $175.00 $148.75 VersAttach Poly Tool Box 105161601 $349.00 $296.65 VersAttach Ladder Rack (Pair)105161501 $359.00 $305.15 Cab Accessories Add the accessory pricing below to the price of the standard vehicle, FOB Augusta, GA. All prices are applicable only to accessories purchased and shipped with new vehicle orders. Prices do not include installation at the factory. Part numbers preceeded with SVP are subject to change without notice. Please refer to Custom Solutions price list for the most up to date pricing. Doors and Rear Window 47690985001 $2,615.00 $2,222.75 Cab Accessories: LED Dome Light Kit 47587421001 $116.00 $98.60 Cab Passenger Side Mirror Kit 47587417002 $120.00 $102.00 Cab Warning Beacon Kit 47587418001 $208.00 $176.80 Cab Windshield Washer Kit 47693131001 $3,785.00 $3,217.25 Cab Front LED Work Light Kit 47587419001 $346.00 $294.10 Roof Mounted Rear Facing LED Work Lights (Set of 2)47587419002 $370.00 $314.50 Overhead controls console including switches and electrical harness, no fans.47587420002 $513.00 $436.05 Heater/Defogger for Curtis Cab, Installation SVP1052701 $1,100.00 $935.00 The company reserves the right to make design changes in its products without obligation to make these changes on units previously sold. Pricing is FOB Augusta, GA, does not include crating charges and is subject to change without notice. All orders are subject to acceptance by Club Car LLC Post Office Box 204658 Augusta, Georgia 30917-4658 Telephone: (706) 863-3000 Fax: (706) 860-7231 Carryall 510 LSV Pricing Guide Page 57 of 68 DocuSign Envelope ID: C1E378DC-8E37-4254-A22C-84146580C109 2023 Carryall 710 LSV Electric Effective February 18, 2022 Part Number U.S. Suggested List Price City of KC/OMNIA Partners $ CARRYALL 710 LSV Carryall 710 LSV: 400 amp AC drive, with 4-wheel hydraulic brakes 104031001 $16,982.00 $14,774.34 STANDARD EQUIPMENT: Curtis Cab: Includes safety glass windshield, wiper, interior rear view mirror and driver side mirror, seatbelt, ROPS, canopy headliner Included No Charge No Charge Digital Instrument Panel- Speedometer, Odometer, Battery Gauge, Gear indicator, Turn Signal indicator, Brake indicator, Speed Mode - Eco/Street Included No Charge No Charge On-Board Hi-Freq Charger with 15 foot (4.6m) Cord Reel Included No Charge No Charge White Cowl Included No Charge No Charge DOT Tires 6-ply rated - 20x10-10 Included No Charge No Charge 12V Powerpoint Included No Charge No Charge Electric Bed Lift Included No Charge No Charge Gray Bucket Seats Included No Charge No Charge DC-DC Converter, 25A Included No Charge No Charge Halogen Headlights Included No Charge No Charge Pedal Opening Weather Guard Included No Charge No Charge Reflector Package Included No Charge No Charge Backup Camera Included No Charge No Charge Tail Lights, Brake Lights, Turn Signals and Horn Included No Charge No Charge REQUIRED OPTIONS Front Body: White Cowl 105120003 No Charge No Charge Dark Green Cowl 105120001 No Charge No Charge Dark Gray Cowl 105120002 No Charge No Charge Bright Blue Cowl 105120004 No Charge No Charge Beige Cowl 105120006 $87.00 $73.95 Red Cowl 105120007 $87.00 $73.95 Black Cowl 105120008 $87.00 $73.95 Classic Blue Cowl 105120009 $87.00 $73.95 Titanium Silver Cowl 105120005 $127.00 $107.95 Custom Color Cowl 105120010 Quote Quote Rear Car Option: Cargo Box includes Tailgate Tether 105122103 $851.00 $723.35 Flat Bed 105122203 $225.00 $191.25 Stake Side Bed 105109601 $811.00 $689.35 Van Boxes: White Van Box, with 6 doors, Pre-Assembled 47620758002 $3,616.00 $3,073.60 Gray Van Box, with 6 doors, Pre-Assembled 47620758001 $3,616.00 $3,073.60 Van Box Accessories: Heavy Gauge Aluminum Shelf SVP1154701 $530.00 $450.50 Top Mount Double Ladder Rack Kit SVP1155101 $520.00 $442.00 ** Van Box requires the following at an additional charge: LED Interior Light Kit SVP1161801 $650.00 $552.50 ** Van Box with lighting options require one the following at an additional charge: High mount Brake light and reverse lights. Requires either standard or deluxe lights.SVP1154801 $261.00 $221.85 ** Van Box requires passenger side mirror at additional charge : Cab Passenger Side Mirror Kit 47587417002 $120.00 $102.00 Headlights: Halogen Headlights 105122701 No Charge No Charge LED Headlight Upgrade 105122702 $221.00 $187.85 ACCESSORIES Add the optional equipment pricing below to the price of the standard vehicle, FOB Augusta, GA. All prices are applicable only to optional equipment purchased and shipped with new vehicle orders and include installation at the factory. Part numbers preceded with SVP are subject to change without notice. Please refer to the Custom Solutions price list for the most up to date pricing. Extended Range Battery Upgrade 105140401 $719.00 $611.15 Key Switches: Cab Vehicle Keyswitch 105148201 No Charge No Charge Trailer Hitch and Trailer Hitch Balls: Heavy Duty Trailer Hitch 101972901 $104.00 $88.40 Heavy Duty 2" Rear Receiver 102065101 $114.00 $96.90 Trailer Hitch Ball - 1 7/8"1011546 $9.00 $7.65 Trailer Hitch Ball - 50mm 104033601 $29.00 $24.65 Front Guards: Heavy Duty Front Brushguard 47605991001 $369.00 $313.65 Front Fender Guards 105124001 $109.00 $92.65 Headlight Guard for Heavy Duty Brushguard 105156301 $67.00 $56.95 Wheel Covers: 5-Spoke Silver Wheel Cover (set of 4)105106401 $72.00 $61.20 Description Carryall 710 LSV Pricing Guide Page 58 of 68 DocuSign Envelope ID: C1E378DC-8E37-4254-A22C-84146580C109 Part Number U.S. Suggested List Price City of KC/OMNIA Partners $ Description Number Decals: Standard Decal $10.00 $8.50 Custom Decal $24.00 $20.40 Single Point Watering System and Accessories: Single Point Battery Watering System 103497701 $302.00 $256.70 Hand Pump for Single Point System (order one for non-fleet/individual)104006101 $76.00 $64.60 Deionizer water purification system (required one per fleet, comes with 1 filter cartridge and regulated hose)105166801 $488.00 $414.80 Other Accessories: Differential Guard 105118701 $42.00 $35.70 Safety Triangle 103573901 $48.00 $40.80 USB port adjacent to 12V Powerpint 47675266001 $112.00 $95.20 Aluminum Locking Toolbox, Cargo Box 101837502 $369.00 $313.65 Aluminum Toolbox, Flatbed 101837401 $388.00 $329.80 VersAttach Accessories: VersAttach Rail Mount (Pair, Included in kits below)105160401 $40.00 $34.00 VersAttach Tie Down (Pair)105160901 $49.00 $41.65 VersAttach Bucket Holder (Single)105160501 $62.00 $52.70 VersAttach Flex Grip Single Tool Holder (Pair for Light tools)105161101 $82.00 $69.70 VersAttach Multi-tool Holder (Pair, Holds 3 Long Handle Tools)105160801 $82.00 $69.70 VersAttach Ratcheting Grip Tool Holder (Pair, for Trimmers)105161001 $92.00 $78.20 VersAttach Bed Divider (Single)105161201 $139.00 $118.15 VersAttach Leaf Blower Holder (Single)105161401 $175.00 $148.75 VersAttach Ladder Rack (Pair)105161501 $359.00 $305.15 VersAttach Poly Tool Box 105161601 $349.00 $296.65 Cab Accessories Add the accessory pricing below to the price of the standard vehicle, FOB Augusta, GA. All prices are applicable only to accessories purchased and shipped with new vehicle orders. Prices do not include installation at the factory. Part numbers preceeded with SVP are subject to change without notice. Please refer to Custom Solutions price list for the most up to date pricing. Doors and Rear Window (Requires Rear Window Interlock at additional charge)47690985001 $2,615.00 $2,222.75 Cab Rear Window-Bed Interlock Kit 47696841001 $107.00 $90.95 Cab Accessories: LED Dome Light Kit 47587421001 $116.00 $98.60 Cab Passenger Side Mirror Kit 47587417002 $120.00 $102.00 Cab Warning Beacon Kit 47587418001 $208.00 $176.80 Cab Windshield Washer Kit 47693131001 $3,785.00 $3,217.25 Cab Front LED Work Light Kit 47587419001 $346.00 $294.10 Roof Mounted Rear Facing LED Work Lights (Set of 2)47587419002 $370.00 $314.50 Overhead controls console including switches and electrical harness, no fans.47587420002 $513.00 $436.05 Heater/Defogger for Curtis Cab, Installation SVP1052701 $1,100.00 $935.00 The company reserves the right to make design changes in its products without obligation to make these changes on units previously sold. Pricing is FOB Augusta, GA, does not include crating charges and is subject to change without notice. All orders are subject to acceptance by Club Car LLC Post Office Box 204658 Augusta, Georgia 30917-4658 Telephone: (706) 863-3000 Fax: (706) 860-7231 Carryall 710 LSV Pricing Guide Page 59 of 68 DocuSign Envelope ID: C1E378DC-8E37-4254-A22C-84146580C109 2023 Club Car Current VRLA Non-LSV Electric Effective February 18, 2022 Part Number U.S. Suggested List Price City of KC/OMNIA Partners $ Club Car Current VRLA Non LSV Club Car Current VRLA w/ No Bed 47694948001 $23,764.00 $21,387.60 Club Car Current VRLA w/ Flat Bed (Pricing includes Flat Bed 47668547033)47694948001 + 47668547033 $23,764.00 $21,387.60 Club Car Current VRLA w/ Pick Up Bed (Pricing includes Pick Up Bed 47668547034)47694948001 + 47668547034 $24,507.00 $22,056.30 Club Car Current VRLA w/ Van Box (Pricing includes Van Box 47668547035)47694948001 + 47668547035 $25,250.00 $22,725.00 Club Car Current TOO Accessory Options Cabin Fan - Air Flow Kit, 12V 47704961005 $370.00 $333.00 LED Strobe Light 12" 40 W 47668547040 $509.00 $458.10 Frame Mounted Trailer Hitch 47668547032 $570.00 $513.00 Front Brushguard 47704961004 $922.00 $829.80 9" Lift Kit 47668547050 $1,263.00 $1,136.70 Ladder Rack - Van Box 47704961008 $1,782.00 $1,603.80 Ladder Rack - Pickup and Flat Bed 47704961007 $2,673.00 $2,405.70Door and side skirt Vinyl Wrap 47704961012 $2,822.00 $2,539.80 Full Vehicle Vinyl Wrap 47704961011 $5,199.00 $4,679.10 Tommy Gate 47704961001 $7,428.00 $6,685.20 The company reserves the right to make design changes in its products without obligation to make these changes on units previously sold. Pricing is FOB Augusta, GA, does not include crating charges and is subject to change without notice. All orders are subject to acceptance by Club Car LLC Post Office Box 204658 Augusta, Georgia 30917-4658 Telephone: (706) 863-3000 Fax: (706) 860-7231 Description Clubcar Current VRLA NonLSV Page 60 of 68 DocuSign Envelope ID: C1E378DC-8E37-4254-A22C-84146580C109 2023 Club Car Current VRLA LSV Electric Effective February 18, 2022 Part Number U.S. Suggested List Price City of KC/OMNIA Partners $ Club Car Current VRLA LSV Club Car Current VRLA w/ No Bed 47694949001 $23,764.00 $21,387.60 Club Car Current VRLA w/ Flat Bed (Pricing includes Flat Bed 47668547033)47694949001 + 47668547033 $23,764.00 $21,387.60 Club Car Current VRLA w/ Pick Up Bed (Pricing includes Pick Up Bed 47668547034)47694949001 + 47668547034 $24,507.00 $22,056.30 Club Car Current VRLA w/ Pick Up Van Box (Pricing includes Van Box 47668547035)47694949001 + 47668547035 $25,250.00 $22,725.00 Club Car Current TOO Accessory Options Cabin Fan - Air Flow Kit, 12V 47704961005 $370.00 $333.00 LED Strobe Light 12" 40 W 47668547040 $509.00 $458.10 Frame Mounted Trailer Hitch 47668547032 $570.00 $513.00 Front Brushguard 47704961004 $922.00 $829.80 9" Lift Kit 47668547050 $1,263.00 $1,136.70 Ladder Rack - Van Box 47704961008 $1,782.00 $1,603.80 Ladder Rack - Pickup and Flat Bed 47704961007 $2,673.00 $2,405.70Door and side skirt Vinyl Wrap 47704961012 $2,822.00 $2,539.80 Full Vehicle Vinyl Wrap 47704961011 $5,199.00 $4,679.10 Tommy Gate 47704961001 $7,428.00 $6,685.20 The company reserves the right to make design changes in its products without obligation to make these changes on units previously sold. Pricing is FOB Augusta, GA, does not include crating charges and is subject to change without notice. All orders are subject to acceptance by Club Car LLC Post Office Box 204658 Augusta, Georgia 30917-4658 Telephone: (706) 863-3000 Fax: (706) 860-7231 Description Clubcar Current VRLA LSV Page 61 of 68 DocuSign Envelope ID: C1E378DC-8E37-4254-A22C-84146580C109 2023 Club Car Current Lithium LSV Electric Effective February 18, 2022 Part Number U.S. Suggested List Price City of KC/OMNIA Partners $ Club Car Current Lithium LSV Club Car Current Lithium w/ No Bed 47711235001 $34,352.00 $32,290.88 Club Car Current Lithium w/ Flat Bed (Pricing includes Flat Bed 47668547033)47711235001 + 47668547033 $34,352.00 $32,290.88 Club Car Current Lithium w/ Pick Up Bed (Pricing includes Pick Up Bed 47668547034)47711235001 + 47668547034 $35,095.00 $32,989.30 Club Car Current Lithium w/ Van Box (Pricing includes Van Box 47668547035)47711235001 + 47668547035 $35,838.00 $33,687.72 Club Car Current TOO Accessory Options Cabin Fan - Air Flow Kit, 12V 47704961005 $370.00 $333.00 LED Strobe Light 12" 40 W 47668547040 $509.00 $458.10 Frame Mounted Trailer Hitch 47668547032 $570.00 $513.00 Front Brushguard 47704961004 $922.00 $829.80 9" Lift Kit 47668547050 $1,263.00 $1,136.70 Ladder Rack - Van Box 47704961008 $1,782.00 $1,603.80 Ladder Rack - Pickup and Flat Bed 47704961007 $2,673.00 $2,405.70Door and side skirt Vinyl Wrap 47704961012 $2,822.00 $2,539.80 Full Vehicle Vinyl Wrap 47704961011 $5,199.00 $4,679.10 Tommy Gate 47704961001 $7,428.00 $6,685.20 The company reserves the right to make design changes in its products without obligation to make these changes on units previously sold. Pricing is FOB Augusta, GA, does not include crating charges and is subject to change without notice. All orders are subject to acceptance by Club Car LLC Post Office Box 204658 Augusta, Georgia 30917-4658 Telephone: (706) 863-3000 Fax: (706) 860-7231 Description Clubcar Current Lithium LSV Page 62 of 68 DocuSign Envelope ID: C1E378DC-8E37-4254-A22C-84146580C109 2023 Tempo 2 Passenger Electric & Gasoline Effective February 18, 2022 `Only Available for Golf Fleet Purchases (Multi-Vehicle Purchase) Part Number U.S. Suggested List Price City of KC/OMNIA Partners $ Tempo 2 Passenger Electric With Excel™ Drive System 47606562001 $9,479.00 $6,161.35 Gasoline 14 hp (429cc) Overhead Valve with Closed Loop EFI Engine 47636647001 $9,955.00 $6,470.75 STANDARD EQUIPMENT: Cashmere Cowl Included No Charge No Charge Beige Seat Included No Charge No Charge Beige Canopy Kit Included No Charge No Charge Standard Suspension Included No Charge No Charge Steering Wheel, Soft Comfort Grip Included No Charge No Charge Gold Nameplate Included No Charge No Charge Standard Suspension Included No Charge No Charge Standard Wheel Covers Included No Charge No Charge Scuffguards, Molded-In, Set of 2 Included No Charge No Charge Sweater Basket Included No Charge No Charge USB Port Installation Included No Charge No Charge Electric Vehicle: Standard Shelf Charger with 9 Ft Cord (Charger to Car)Included No Charge No Charge Packages: Golf Package Electric GOLF_2E_PKG $320.00 $272.00 Golf Package Gas GOLF_2GK_PKG $320.00 $272.00 Choice of Windshield at Additional Charge Included No Charge No Charge Hinged Windshield Included No Charge No Charge Tinted Hinged Windshield Kit 105248601 $33.00 $28.05 Premium Clear Hinged Windshield Kit 47682033001 $90.00 $76.50 Premium Tinted Hinged Windshield Kit 47682033002 $90.00 $76.50 Choice of 2 SAM Accessories, One per side Included No Charge No Charge Sand Bottle Included No Charge No Charge Sand Bucket - Standard Included No Charge No Charge CaddyMaster Cooler, 8 Qt.Included No Charge No Charge Dual Sand Bottle Included No Charge No Charge Ball and Club Cleaner Included No Charge No Charge Deluxe Golf Package Electric DLXGOLF_2E_PKG $1,035.00 $879.75 Deluxe Golf Package Gas DLXGOLF_2GK_PKG $1,035.00 $879.75 Choice of Windshield at Additional Charge Included No Charge No Charge Hinged Windshield Included No Charge No Charge Tinted Hinged Windshield Kit 105248601 $33.00 $28.05 Premium Clear Hinged Windshield Kit 47682033001 $90.00 $76.50 Premium Tinted Hinged Windshield Kit 47682033002 $90.00 $76.50 Choice of 2 SAM Accessories, One per side Included No Charge No Charge Sand Bottle Included No Charge No Charge Sand Bucket - Standard Included No Charge No Charge CaddyMaster Cooler, 8 Qt.Included No Charge No Charge Dual Sand Bottle Included No Charge No Charge Ball and Club Cleaner Included No Charge No Charge Club Protector Bag Cover Included No Charge No Charge Choice of Premium Seat (Premium White w/ Double Stitch is an additional upcharge)Included No Charge No Charge Premium Deluxe Golf Package Electric PDLXGLF_2E_PKG $2,236.00 $1,900.60 Premium Deluxe Golf Package Gas PDLXGLF_2GK_PKG $2,236.00 $1,900.60 Choice of Windshield Included No Charge No Charge Hinged Windshield Included No Charge No Charge Tinted Hinged Windshield Kit 105248601 No Charge No Charge Premium Clear Hinged Windshield Kit 47682033001 No Charge No Charge Premium Tinted Hinged Windshield Kit 47682033002 No Charge No Charge Choice of 2 SAM Accessories, One per side Included No Charge No Charge Sand Bottle Included No Charge No Charge Sand Bucket - Standard Included No Charge No Charge CaddyMaster Cooler, 8 Qt.Included No Charge No Charge Dual Sand Bottle Included No Charge No Charge Ball and Club Cleaner Included No Charge No Charge Club Protector Bag Cover Included No Charge No Charge Choice of Alloy Wheels Included No Charge No Charge Choice of Premium Metallic Body Color Included No Charge No Charge Choice of Premium Seat (Premium White w/ Double Stitch is an additional upcharge)Included No Charge No Charge Style Package Electric STYLE_2E_PKG $1,664.00 $1,414.40 Style Package Gas STYLE_2G_PKG $1,664.00 $1,414.40 Choice of Alloy Wheels Included No Charge No Charge Choice of Premium Metallic Body Color Included No Charge No Charge Choice of Premium Seat (Premium White w/ Double Stitch is an additional upcharge)Included No Charge No Charge Description Tempo HFG-EFI (Fleet Golf) Price Guide Page 63 of 68 DocuSign Envelope ID: C1E378DC-8E37-4254-A22C-84146580C109 Part Number U.S. Suggested List Price City of KC/OMNIA Partners $ Tempo 2 Passenger Description Required Options Body Color: Cashmere 47605277010 No Charge No Charge White 47605277001 No Charge No Charge Beige 47605277002 No Charge No Charge Platinum 47605277003 No Charge No Charge Sapphire 47605277007 No Charge No Charge Green 47605277006 No Charge No Charge Sangria 47605277004 $169.00 $143.65 Black 47605277008 $169.00 $143.65 Metallic Glacier 47605277101 $449.00 $381.65 Metallic Midnight Silver 47605277113 $449.00 $381.65 Metallic Candy Apple 47605277103 $449.00 $381.65 Metallic Green 47605277104 $449.00 $381.65 Metallic Blue Onyx 47605277114 $449.00 $381.65 Metallic Black 47605277106 $449.00 $381.65 Metallic Ice Blue 47605277112 $449.00 $381.65 Custom Color 47605277901 Quote Quote Seat Color: Beige 102539601 No Charge No Charge White 102539602 No Charge No Charge Gray 102539604 No Charge No Charge Black 102539605 No Charge No Charge Premium Light Beige 102539606 $588.00 $499.80 Premium Camello 102539607 $588.00 $499.80 Premium Camello / Light Beige 102539609 $588.00 $499.80 Premium Black 102539612 $588.00 $499.80 Premium Black/Gray 102539613 $588.00 $499.80 Premium Gray 102539614 $588.00 $499.80 Premium White Seat w/ Double-Diamond Stitch 102539618 $847.00 $719.95 Custom Color 102539603 Quote Quote Canopies: 2 Passenger Canopy with Handles - Beige 104008002 No Charge No Charge 2 Passenger Canopy with Handles - White 104008001 No Charge No Charge 2 Passenger Canopy with Handles - Black 104008003 No Charge No Charge Visage Canopy: Beige Canopy Kit 104008002 No Charge No Charge White Canopy Kit 104008001 No Charge No Charge Black Canopy Kit 104008003 No Charge No Charge Tires and Wheels: Kenda Hole-N-1 18x8.50x8 4 Ply with Steel Wheel 103950901/21 No Charge No Charge X/Traction Kenda Super Turf 18x8.50x8 6 Ply Stl Wheel 103950922 $17.00 $14.45 Radial, Kenda Hole-N-1 18x8.50R8 with Steel Wheel 103950908/28 $128.00 $108.80 Kenda Steel Belted Radial 205/50 -10 with 5 Spoke Alloy Wheel in Gunmetal 103950915/35 $698.00 $593.30 Kenda Steel Belted Radial 205/50 -10 with 5 Spoke Alloy Wheel in Gloss Black 103950916/36 $698.00 $593.30 Non-Standard Tire and Wheel Assembly 103950905/25 Quote Quote Required Options for Electric Vehicles: Batteries and Single Point Watering System Accessories: Trojan Battery with Single Point Watering System (Used with shelf charger)105046305 No Charge No Charge Trojan Battery with Single Point Watering System (Used with Onboard charger)105046306 No Charge No Charge Deionizer water purification system (required one per fleet, comes with 1 filter cartridge and regulated hose)105166801 $508.00 $431.80 Deionizer replacement filter cartridges 104005901 $199.00 $169.15 Hand Pump for Single Point System (order one for non-fleet/individual)104006101 $80.00 $68.00 Chargers: Shelf charger with 9' DC Cord (Trojan batteries)47583926007 No Charge No Charge Shelf charger with 12' DC Cord (Trojan batteries)47583926008 $22.00 $18.70 Shelf charger with 20' DC Cord (Trojan batteries)47583926009 $50.00 $42.50 On Board Charger (Trojan batteries)47583926010 $771.00 $655.35 Charger Cords: AC Charger Cord 6 ft Standard (Charger to Wall)105138501 No Charge No Charge AC Charger Cord 9 ft Standard (Charger to Wall)105138502 $9.00 $7.65 AC Charger Cord 6 ft Non-Terminated (Charger to Wall)105138507 No Charge No Charge AC Charger Cord 9 ft Non-Terminated (Charger to Wall)105138508 $9.00 $7.65 Electric Vehicle: Lighting Options: Light Options include DC Converter *Battery Capacity Indicator Only, Electric 47610900002 $137.00 $116.45 *Headlights with Battery Capacity Indicator, Electric 47610900004 $789.00 $670.65 *Standard Lights with Battery Capacity Indicator, Electric ( Includes 47610900004, 102541703)ELEC_STD_LIGHTS $1,110.00 $943.50 *Deluxe Lights with Battery Capacity Indicator, Electric ( Includes 47610900004, 102541703, 102541802, 47608635001)ELEC_DLX_LIGHTS $1,280.00 $1,088.00 Turn Signal w/ Horn (47608635001 and 102541802) Included with Deluxe Lighting Package 102541802 $171.00 $145.35 Horn Only (102541602 and 47608635001) Requires Headlights or Standard Lights 102541602 $132.00 $112.20 LED Club Car Logo (Requires Lighting Selection)47609284001 $128.00 $108.80 Private Use Speed Option (19.2 MPH)102875116 $75.00 $63.75 Gas Vehicle: Lighting Options: Fuel Gauge 47625247002 $134.00 $113.90 Headlights with Fuel Gauge, Gasoline 47625247004 $517.00 $439.45 Standard Lights with Fuel Gauge, Gasoline (Includes 47625247004, 102541703)GASK_STD_LIGHTS $864.00 $734.40 Deluxe Lights with Fuel Gauge, Gasoline (Includes 47625247004, 102541703, 102541802, 47608635001)GASK_DLX_LIGHTS $1,080.00 $918.00 Turn Signal w/ Horn (47608635001 and 102541802) Included with Deluxe Lighting Package 102541802 $171.00 $145.35 Horn Only (102541602 and 47508635001) Requires Headlights or Standard Lights 102541602 $132.00 $112.20 LED Club Car Logo (Requires Lighting Selection)47609284001 $128.00 $108.80 Tempo HFG-EFI (Fleet Golf) Price Guide Page 64 of 68 DocuSign Envelope ID: C1E378DC-8E37-4254-A22C-84146580C109 Part Number U.S. Suggested List Price City of KC/OMNIA Partners $ Tempo 2 Passenger Description High Speed Option 47613736004 $76.00 $64.60 Nameplate: Silver Club Car Nameplate 47605591002 No Charge No Charge Suspension:Electric/Gas Heavy Duty Suspension 102509103 / 103976502 $110.00 $93.50 Factory Installed Optional Equipment Add the optional equipment pricing below to the price of the standard vehicle, FOB Augusta, GA. All prices are applicable only to optional equipment purchased and shipped with new vehicle orders and include installation at the factory. Part numbers preceded with SVP are subject to change without notice. Please refer to the Custom Solutions price list for the most up to date pricing. Accent Stripes: Gold Accent Stripe 47614574001 $111.00 $94.35 Black Accent Stripe 47614574002 $111.00 $94.35 Silver Accent Stripe 47614574003 $111.00 $94.35 SAM ACCESSORIES (Choose One Per Vehicle Side) Drivers Side Accessories: Sand Bottle 103451602 $51.00 $43.35 Sand Bucket - Standard 102536102 $106.00 $90.10 CaddyMaster Cooler, 8 Qt.102589702 $97.00 $82.45 Dual Sand Bottle 103451502 $97.00 $82.45 Ball and Club Cleaner 102538802 $130.00 $110.50 Passenger Side Accessories: Sand Bottle 103451601 $51.00 $43.35 Sand Bucket - Standard 102536101 $106.00 $90.10 CaddyMaster Cooler, 8 Qt 102589701 $97.00 $82.45 Dual Sand Bottle 103451501 $97.00 $82.45 Ball and Club Cleaner 102538801 $130.00 $110.50 Number Decals: Standard, Installed, each (black/gold)BY INSTL LOCATION No Charge No Charge Custom, Installed, each BY INSTL LOCATION $24.00 $20.40 Domed Number Decal, Installed, each (black/gold)BY INSTL LOCATION No Charge No Charge Domed Number Decal, Installed, each (black/silver)BY INSTL LOCATION No Charge No Charge Custom Domed Number Decal, Installed, each BY INSTL LOCATION $24.00 $20.40 Standard, Loose, each 102533201 No Charge No Charge Logo: Custom, Installed, each BY INSTL LOCATION $28.00 $23.80 Custom, Loose, each 102553799 $28.00 $23.80 Dash: Burlwood Locking Dash 103388401 $270.00 $229.50 Carbon Fiber Locking Dash 103388402 $270.00 $229.50 Towing Packages: Rear Tow Plate 102570201 $63.00 $53.55 Permanent, Standard/Heavy Duty (for towing up to 5 golf cars with a towing vehicle) requires tow bar 102539401 $138.00 $117.30 Permanent, Deluxe/Self Contained Onboard (for towing up to 5 golf cars with a towing vehicle) includes tow bar 102539501 $318.00 $270.30 Ashtrays: Ashtray, Drop-In, Driver Side 102542102 $13.00 $11.05 Differential Guard: Electric 102551003 $42.00 $35.70 Gasoline 103992403 $42.00 $35.70 Uncommon Key Switches:Electric/Gas Uncommon Key Switch A 102571801 / 102571701 $78.00 $66.30 Uncommon Key Switch B 102571802 / 102571702 $78.00 $66.30 Accessories - Factory Installed: CaddyMaster Cooler, 8 Qt.: Sweater Basket (not limited by side)102591801 $97.00 $82.45 Field Installed Accessories Add the accessory pricing below to the price of the standard vehicle, FOB Augusta, GA. All prices are applicable only to accessories purchased and shipped with new vehicle orders. Prices do not include installation at the factory. Part numbers preceeded with SVP are subject to change without notice. Please refer to Custom Solutions price list for the most up to date pricing. Club Protector Bag Covers: Beige Magnetic Bag Cover 47606243001 $279.00 $237.15 Black Magnetic Bag Cover 47606243002 $279.00 $237.15 Green Magnetic Bag Cover 47606243003 $279.00 $237.15 Windshields: Hinged Windshield Kit 105248701 $170.00 $144.50 Tinted Hinged Windshield Kit 105248601 $203.00 $172.55 Premium Clear Hinged Windshield Kit 47682033001 $260.00 $221.00 Premium Tinted Hinged Windshield Kit 47682033002 $260.00 $221.00 Accessories - Field Installed: Deluxe Info Holder Single Pack 47568987001 $29.00 $24.65 Strut Mounted Sand Bottle with Handle Kit 47568988001 $58.00 $49.30 Canopy Storage Net 47568986001 $20.00 $17.00 Rake 102589001 $25.00 $21.25 5 Panel Rear View Wink Mirror 105288901 $92.00 $78.20 Extra Bag Attachment 102591101 $242.00 $205.70 Enclosures: 3-Sided, Beige (cannot be used with Bag Cover)AM1258402 $386.00 $328.10 3-Sided, White (cannot be used with Bag Cover)AM1258401 $386.00 $328.10 The company reserves the right to make design changes in its products without obligation to make these changes on units previously sold. Pricing is FOB Augusta, GA, does not include crating charges and is subject to change without notice. All orders are subject to acceptance by Club Car LLC. Post Office Box 204658 Augusta, Georgia 30917-4658 Telephone: (706) 863-3000 Fax: (706) 860-7231 Tempo HFG-EFI (Fleet Golf) Price Guide Page 65 of 68 DocuSign Envelope ID: C1E378DC-8E37-4254-A22C-84146580C109 2023 Tempo 2 Passenger Lithium Ion Electric Effective February 18, 2022 `Only Available for Golf Fleet Purchases (Multi-Vehicle Purchase) Part Number U.S. Suggested List Price City of KC/OMNIA Partners $ Tempo 2 Passenger Lithium Ion Electric with AC Drive and Lithium Ion 47680179001 $12,909.00 $8,390.85 STANDARD EQUIPMENT:Cashmere Cowl Included No Charge No Charge Beige Seat Included No Charge No Charge Beige Canopy Kit Included No Charge No Charge Standard Suspension Included No Charge No Charge Steering Wheel, Soft Comfort Grip Included No Charge No Charge Gold Nameplate Included No Charge No Charge Kenda Hole-N-1 18x8.50x8 4 Ply with Steel Wheel Included No Charge No Charge Standard Wheel Covers Included No Charge No Charge Scuffguards, Molded-In, Set of 2 Included No Charge No Charge Sweater Basket Included No Charge No Charge Standard Shelf Charger with 9 Ft Cord (Charger to Car) 650 Watt Included No Charge No Charge Uncommon Key Switch A Included No Charge No Charge Battery Status Indicator Included No Charge No Charge 235A Motor Controlller Included No Charge No Charge USB Port Installation Included No Charge No Charge Packages:Golf Package Electric Li_GOLF_2E_PKG $320.00 $272.00 Choice of Windshield at Additional Charge Included No Charge No Charge Hinged Windshield Included No Charge No Charge Tinted Hinged Windshield Kit 105248601 $33.00 $28.05 Premium Clear Hinged Windshield Kit 47682033001 $90.00 $76.50 Premium Tinted Hinged Windshield Kit 47682033002 $90.00 $76.50 Choice of 2 SAM Accessories, One per side Included No Charge No Charge Sand Bottle Included No Charge No Charge Sand Bucket - Standard Included No Charge No Charge CaddyMaster Cooler, 8 Qt.Included No Charge No Charge Dual Sand Bottle Included No Charge No ChargeBall and Club Cleaner Included No Charge No Charge Deluxe Golf Package LI_DLXGLF_2EPKG $1,035.00 $879.75 Choice of Windshield at Additional Charge Included No Charge No Charge Hinged Windshield Included No Charge No Charge Tinted Hinged Windshield Kit 105248601 $33.00 $28.05 Premium Clear Hinged Windshield Kit 47682033001 $90.00 $76.50 Premium Tinted Hinged Windshield Kit 47682033002 $90.00 $76.50 Choice of 2 SAM Accessories, One per side Included No Charge No Charge Sand Bottle Included No Charge No Charge Sand Bucket - Standard Included No Charge No Charge CaddyMaster Cooler, 8 Qt.Included No Charge No Charge Dual Sand Bottle Included No Charge No Charge Ball and Club Cleaner Included No Charge No Charge Club Protector Bag Cover Included No Charge No Charge Choice of Premium Seat (Premium White w/ Double Stitch is an additional upcharge)Included No Charge No Charge Premium Deluxe Golf Package LI_PDLXGLF2EPKG $2,236.00 $1,900.60 Choice of Windshield Included No Charge No Charge Hinged Windshield Included No Charge No Charge Tinted Hinged Windshield Kit 105248601 No Charge No Charge Premium Clear Hinged Windshield Kit 47682033001 No Charge No Charge Premium Tinted Hinged Windshield Kit 47682033002 No Charge No Charge Choice of 2 SAM Accessories, One per side Included No Charge No Charge Sand Bottle Included No Charge No Charge Sand Bucket - Standard Included No Charge No Charge CaddyMaster Cooler, 8 Qt.Included No Charge No Charge Dual Sand Bottle Included No Charge No Charge Ball and Club Cleaner Included No Charge No Charge Club Protector Bag Cover Included No Charge No Charge Choice of Alloy Wheels Included No Charge No Charge Choice of Premium Metallic Body Color Included No Charge No Charge Choice of Premium Seat (Premium White w/ Double Stitch is an additional upcharge)Included No Charge No Charge Style Package LI_STYLE_2E_PKG $1,664.00 $1,414.40 Choice of Alloy Wheel Included No Charge No Charge Choice of Metallic Body Color Included No Charge No Charge Choice of Premium Seat (Premium White w/ Double Stitch is an additional upcharge)Included No Charge No Charge Required Options Body Color: Cashmere 47605277010 No Charge No Charge White 47605277001 No Charge No Charge Beige 47605277002 No Charge No Charge Platinum 47605277003 No Charge No Charge Sapphire 47605277007 No Charge No Charge Green 47605277006 No Charge No Charge Sangria 47605277004 $169.00 $143.65 Black 47605277008 $169.00 $143.65 Metallic Glacier 47605277101 $449.00 $381.65 Metallic Midnight Silver 47605277113 $449.00 $381.65 Metallic Candy Apple 47605277103 $449.00 $381.65 Metallic Green 47605277104 $449.00 $381.65 Metallic Blue Onyx 47605277114 $449.00 $381.65 Metallic Black 47605277106 $449.00 $381.65 Metallic Ice Blue 47605277112 $449.00 $381.65 Custom Color 47605277901 Quote Quote Description Tempo Lithium Ion (Fleet Golf) Price Guide Page 66 of 68 DocuSign Envelope ID: C1E378DC-8E37-4254-A22C-84146580C109 Part Number U.S. Suggested List Price City of KC/OMNIA Partners $ Tempo 2 Passenger Lithium Ion Description Seat Color:Beige 102539601 No Charge No ChargeWhite102539602No Charge No ChargeGray102539604No Charge No ChargeBlack102539605No Charge No ChargePremium Light Beige 102539606 $588.00 $499.80Premium Camello 102539607 $588.00 $499.80Premium Camello / Light Beige 102539609 $588.00 $499.80Premium Black 102539612 $588.00 $499.80Premium Black/Gray 102539613 $588.00 $499.80Premium Gray 102539614 $588.00 $499.80Premium Elite Bright White with double-diamond silver stitching & piping 102539618 $847.00 $719.95 Custom Color 102539603 Quote Quote Canopies: Beige Canopy Kit 104008002 No Charge No Charge White Canopy Kit 104008001 No Charge No Charge Black Canopy Kit 104008003 No Charge No Charge Visage Canopy: Beige Canopy Kit 104008002 No Charge No Charge White Canopy Kit 104008001 No Charge No Charge Black Canopy Kit 104008003 No Charge No Charge Tires and Wheels: Kenda Hole-N-1 18x8.50x8 4 Ply with Steel Wheel 103950901/21 No Charge No Charge X/Traction Kenda Super Turf 18x8.50x8 6 Ply with Steel Wheel 103950922 $17.00 $14.45 Radial, Kenda Hole-N-1 18x8.50R8 with Steel Wheel 103950908/28 $128.00 $108.80 Kenda Steel Belted Radial 205/50 -10 with 5 Spoke Alloy Wheel in Gunmetal 103950915/35 $698.00 $593.30 Kenda Steel Belted Radial 205/50 -10 with 5 Spoke Alloy Wheel in Gloss Black 103950916/36 $698.00 $593.30 Non-Standard Tire and Wheel Assembly 103950905/25 Quote Quote Required Options: Chargers: Shelf charger 650W, 9' DC Cord (Charger to Car)47631087001 No Charge No Charge Shelf charger 650W, 12' DC Cord (Charger to Car)47631087002 $23.00 $19.55 Shelf charger 650W, 20' DC Cord (Charger to Car)47631087003 $52.00 $44.20 Shelf charger 900W, 9' DC Cord (Charger to Car)47632172001 $187.00 $158.95 Shelf charger 900W, 12' DC Cord (Charger to Car)47632172002 $210.00 $178.50 Shelf charger 900W, 20' DC Cord 47632172003 $239.00 $203.15 On-Board Charger Mounted to the Rear Underbody 47631087004 $789.00 $670.65 Charger Cords: AC Charger Cord 6 ft Standard (Charger to Wall)105138501 No Charge No Charge AC Charger Cord 9 ft Standard (Charger to Wall)105138502 $9.00 $7.65 AC Charger Cord 6 ft Non-Terminated (Charger to Wall)105138507 No Charge No Charge AC Charger Cord 9 ft Non-Terminated (Charger to Wall)105138508 $9.00 $7.65 Lighting Options: Light Options includes DC Converter Base, No Lights - LED Display 47684674008 $58.00 $49.30 Horn Only - BSI 47684674002 $344.00 $292.40 Horn Only - LED Display 47684674009 $401.00 $340.85 Headlights Only - BSI - No Horn 47684674005 $637.00 $541.45 Headlights Only - LED Display - No Horn 47684674012 $694.00 $589.90 Headlights and Horn - BSI 47684674006 $728.00 $618.80 Headlights and Horn - LED Display 47684674013 $827.00 $702.95 Standard Lights, Includes Headlights and Tail lights - BSI - No Horn 47684674003 $936.00 $795.60 Standard Lights, Includes Headlights and Tail lights - LED Display - No Horn 47684674010 $994.00 $844.90 Standard Lights, Includes Headlights, Taillights and Horn - BSI 47684674004 $1,009.00 $857.65 Standard Lights, Includes Headlights, Taillights and Horn - LED Display 47684674011 $1,066.00 $906.10 Deluxe Lights, Includes Headlights, Tail lights, Turn Signal, and Horn - BSI 47684674007 $1,062.00 $902.70 Deluxe Lights, Includes Headlights, Tail lights, Turn Signal, and Horn - LED Display 47684674014 $1,120.00 $952.00 LED Club Car Logo (Requires Lighting Selection)47609284001 $128.00 $108.80 Private Use Speed Option (19.2 MPH)SWP123004 $75.00 $63.75 Controllers: Installation Motor Controller Unit 235A 47687930002 No Charge No Charge Installation Motor Controller Unit 375A 47687930001 $63.00 $53.55 Factory Installed Optional Equipment Add the optional equipment pricing below to the price of the standard vehicle, FOB Augusta, GA. All prices are applicable only to optional equipment purchased and shipped with new vehicle orders and include installation at the factory. Part numbers preceded with SVP are subject to change without notice. Please refer to the Custom Solutions price list for the most up to date pricing. Accent Stripes: Gold Accent Stripe 47614574001 $111.00 $94.35 Black Accent Stripe 47614574002 $111.00 $94.35 Silver Accent Stripe 47614574003 $111.00 $94.35 SAM ACCESSORIES (Choose One Per Vehicle Side) Drivers Side Accessories: Sand Bottle 103451602 $51.00 $43.35 Sand Bucket - Standard 102536102 $106.00 $90.10 CaddyMaster Cooler, 8 Qt.102589702 $97.00 $82.45 Dual Sand Bottle 103451502 $97.00 $82.45 Ball and Club Cleaner 102538802 $130.00 $110.50 Passenger Side Accessories: Sand Bottle 103451601 $51.00 $43.35 Sand Bucket - Standard 102536101 $106.00 $90.10 CaddyMaster Cooler, 8 Qt 102589701 $97.00 $82.45 Dual Sand Bottle 103451501 $97.00 $82.45 Ball and Club Cleaner 102538801 $130.00 $110.50 Tempo Lithium Ion (Fleet Golf) Price Guide Page 67 of 68 DocuSign Envelope ID: C1E378DC-8E37-4254-A22C-84146580C109 Part Number U.S. Suggested List Price City of KC/OMNIA Partners $ Tempo 2 Passenger Lithium Ion Description Number Decals: Standard, Installed, each (black/gold)BY INSTL LOCATION No Charge No Charge Custom, Installed, each BY INSTL LOCATION $24.00 $20.40 Domed Number Decal, Installed, each (black/gold)BY INSTL LOCATION No Charge No Charge Domed Number Decal, Installed, each (black/silver)BY INSTL LOCATION No Charge No Charge Custom Domed Number Decal, Installed, each BY INSTL LOCATION $24.00 $20.40 Standard, Loose, each 102533201 No Charge No Charge Logo: Custom, Installed, each BY INSTL LOCATION $28.00 $23.80 Custom, Loose, each 102553799 $28.00 $23.80 Dash: Burlwood Locking Dash 103388401 $270.00 $229.50 Carbon Fiber Locking Dash 103388402 $270.00 $229.50 Towing Packages: Rear Tow Plate 102570201 $63.00 $53.55 Permanent, Standard/Heavy Duty (for towing up to 5 golf cars with a towing vehicle) requires tow bar 102539401 $138.00 $117.30 Permanent, Deluxe/Self Contained Onboard (for towing up to 5 golf cars with a towing vehicle) includes tow bar 102539501 $318.00 $270.30 Ashtrays: Ashtray, Drop-In, Driver Side 102542102 $13.00 $11.05 Differential Guard: 102551003 $42.00 $35.70 Uncommon Key Switches: Uncommon Key Switch B 47632481002 $78.00 $66.30 Accessories - Factory Installed: CaddyMaster Cooler, 8 Qt.: Sweater Basket (not limited by side)102591801 $97.00 $82.45 Field Installed Accessories Add the accessory pricing below to the price of the standard vehicle, FOB Augusta, GA. All prices are applicable only to accessories purchased and shipped with new vehicle orders. Prices do not include installation at the factory. Part numbers preceeded with SVP are subject to change without notice. Please refer to Custom Solutions price list for the most up to date pricing. Club Protector Bag Covers: Beige Magnetic Bag Cover 47606243001 $279.00 $237.15 Black Magnetic Bag Cover 47606243002 $279.00 $237.15 Green Magnetic Bag Cover 47606243003 $279.00 $237.15 Accessories - Field Installed: Deluxe Info Holder Single Pack 47568987001 $29.00 $24.65 Strut Mounted Sand Bottle with Handle Kit 47568988001 $58.00 $49.30 Canopy Storage Net 47568986001 $20.00 $17.00 Rake 102589001 $25.00 $21.25 5 Panel Rear View Wink Mirror 105288901 $92.00 $78.20 Hinged Windshield Kit 105248701 $170.00 $144.50 Tinted Hinged Windshield Kit 105248601 $203.00 $172.55 Premium Clear Hinged Windshield Kit 47682033001 $260.00 $221.00 Premium Tinted Hinged Windshield Kit 47682033002 $260.00 $221.00 Extra Bag Attachment 102591101 $242.00 $205.70 Enclosures: 3-Sided, Beige (cannot be used with Bag Cover)AM1258402 $386.00 $328.10 3-Sided, White (cannot be used with Bag Cover)AM1258401 $386.00 $328.10 The company reserves the right to make design changes in its products without obligation to make these changes on units previously sold. Pricing is FOB Augusta, GA, does not include crating charges and is subject to change without notice. All orders are subject to acceptance by Club Car LLC. Post Office Box 204658 Augusta, Georgia 30917-4658 Telephone: (706) 863-3000 Fax: (706) 860-7231 Tempo Lithium Ion (Fleet Golf) Price Guide Page 68 of 68 DocuSign Envelope ID: C1E378DC-8E37-4254-A22C-84146580C109 2023 Tempo Walk Effective February 18, 2022 Part Number U.S. Suggested List Price City of KC/OMNIA Partners TEMPO WALK a•”Ž•“c„„™v…ˆ‰ƒŒ…TWVSSUPXPPQ $5,000.00 $4,500.00 STANDARD EQUIPMENT: Black Cowl Standard No Charge No Charge USB Port Standard No Charge No Charge Cooler Standard No Charge No Charge Table Displaying GPS Yardage Standard No Charge No Charge p’sˆs”’”…’k‰”Z Contains 18” POS tablet & charger, 2 lightning strips, 1 transmitter holder, 1 new user tips/biz cards, 5 extra toggle switches, 1 tablet display stand, 1 training and service contact info, 1 laminated training poster Standard No Charge No Charge c’”b’Žs”’”…’k‰”HQ ‹‰”‰ŽƒŒ•„…„†’…–…’™R•Ž‰”“’„…’…„IZ Contains 2 TW battery chargers, 1 charger cable extension, 2 transmitter chargers, 1 hex drill bit, 1 mason drill bit, 1 set of 4 hex screws Standard No Charge No Charge The company reserves the right to make design changes in its products without obligation to make these changes on units previously sold. Pricing is FOB Augusta, GA, does not include crating charges and is subject to change without notice. All orders are subject to acceptance by Club Car LLC Post Office Box 204658 Augusta, Georgia 30917-4658 Telephone: (706) 863-3000 Fax: (706) 860-7231 Description c’’™ŒŒQPP p’‰ƒ‰Ž‡g•‰„…p‡…WQ †WQ DocuSign Envelope ID: C1E378DC-8E37-4254-A22C-84146580C109 Club Car LLC Post Office Box 204658 Augusta, Georgia 30917-4658 P: 1(800) 258.2227 F: (706) 860.7231 2022 Club Car Connect Offering (U.S.) Contract: EV2671 This document details the Connectivity Offering for 2022 including: Product Descriptions Pricing. The Product Family Club Car continues to be the market leader in the Connectivity space providing highest quality hardware, innovative software solutions, and unmatched service & support. The 2022 connectivity product family includes our highly differentiated in-car entertainment package with Shark Experience and the market leading suite of Fleet Management modules. Club Car Connect All 2022 Tempo and Precedent Fleet Golf 2 passenger vehicles (FLA,Gas,and Li- ion) can be ordered with connectivity solutions. Sales Bulletin, Page 1 of 6 DocuSign Envelope ID: C1E378DC-8E37-4254-A22C-84146580C109 Connectivity Options: Connect –This is the base level package and includes our new 10.1”HD Touchscreen VDU with updated graphics, one module of your choice. We would equip your fleet with our overhead basket consoles. Similar to our prior i3 package, this simplistic offering allows golf course operators to promote their facilities with external advertising and our AdMan Pro is available as an add-on option with this selection to really springboard external advertising campaigns. Shark Select –This includes the Golfer Experience Module,Bluetooth pairing, overhead console with integrated speakers - which allow you to control the max volume on the golf course - Greg Norman Tips and 3D Flyovers. No external ads are permitted. Shark Prime -Premium includes everything in the Shark Bluetooth package –plus Live PGA Tour Events, Yahoo News, Yahoo Sports, and Yahoo Finance. Again, no external ads permitted. Please note:Shark Select and Shark Prime programming packages are supported by external sponsorships and advertising. Courses contracting Shark experience have the option to opt-out of sponsorships for a nominal monthly fee. 2 DocuSign Envelope ID: C1E378DC-8E37-4254-A22C-84146580C109 Visage Fleet Management Modules The Fleet Management Modules put us on the map in the very beginning and are used worldwide with great success! We make it simple for golf course operators to drive immediate improvements in operations, which also produces bottom line results. Fleet Management modules allow course operators to keep players on schedule, cars on the path, and a pro-active communication medium to connect with their guests in real time. 3 DocuSign Envelope ID: C1E378DC-8E37-4254-A22C-84146580C109 Visage Fleet Management:Specialty Add-Ons: • • Flyovers-$2 per unit per month Tournament Connect - $2 per unit per month. Provides integration between Visage and tournament management software, club pays Viper or Golf Genius separately for tournament management software, Adman Pro - $5 per unit per month (not available with Shark Bluetooth or Shark Premium). F&B vehicles – per unit price as above. Tracking module $10 per unit per month Only available if Car Tracking is enabled on the fleet vehicles. • • * Connect,Shark Bluetooth,and Shark Premium vehicles require a License or Rental Agreement and a minimal fleet size of 40 or more golf cars. For Courses with fewer than 40 cars a Small Fleet Premium of $250.00 per unit will be added. For example, a fleet of 38 cars will be charged an incremental $500.00. Shark Premium requires acceptable 4G LTE coverage,to qualify. Visage Visage is a rental program (4 years)for customers taking new fleets or who have an existing fleet and want connectivity. One simple monthly payment includes:   The 10.1”hi-bright LCD screen Car Tracking, Car Control (including Gas vehicles), and Golfer 4-year service, warranty and connectivity Diagnostics including battery charge status, critical faults, etc.  Visage can be factory or field installed (40 Car minimum).Pricing for install options are noted in the 2020 Pricing Summary table below. Add On: Flyovers and tournament management integration can be added for a small additional monthly charge. 4 DocuSign Envelope ID: C1E378DC-8E37-4254-A22C-84146580C109 2020 Product Pricing Summary –U.S.Only 5 Product Module / Feature Monthly Fee per car Hardware purchase and monthly license Visage (Factory) Includes 10” VDU, Car Tracking, Car Control (GCCM on Gas), and Golfer Experience $45.00 N/A Visage (Field) Includes 10” VDU, Car Tracking, Car Control (GCCM on Gas), and Golfer Experience $48.00 N/A Product Feature Additional Options Connect VDU & Baskets… $795.00 Standard Features: -Includes 10” VDU -Include One Module -Additional Modules Contracted Separately -Basket Consoles Visage Fleet Management modules contracted separately: Car Control - $15.00 per unit/month Car Tracking - $15.00 per unit/month Golfer Experience - $15.00 per unit/month Shark Select VDU & Speakers… $795.00 plus $6 per unit per month for Select programming (Level Payment) Standard Features: -10” VDU -Access to Visage Control Center (VCC) -Golfer Experience (GPS) -Integrated console with Bluetooth Speakers -Shark Select programming Visage Fleet Management modules contracted separately: Car Control - $15.00 per unit/month Car Tracking - $15.00 per unit/month Shark Prime VDU & Speakers… $795.00 plus $16 per unit per month for Prime programming (Level Payment) Standard Features: -Includes 10” VDU -Access to Visage Control Center (VCC) -Golfer Experience (GPS) -Integrated console with Bluetooth Speakers -Shark Prime programming Visage Fleet Management modules contracted separately: Car Control - $15.00 per unit/month Car Tracking - $15.00 per unit/month DocuSign Envelope ID: C1E378DC-8E37-4254-A22C-84146580C109 Notes   Connectivity available for both Tempo and Precedent 2 passenger cars Visage pricing based upon factory installation and 40-unit minimum. Field installation and upon application /or small fleet available, pricing upon application All pricing above is for golf installations. Non-golf installations such as resort or campus available, pricing upon application Commercial vehicle connectivity offering available upon request All monthly prices are based on 12 monthly payments per year; skip payments are available and will be adjusted accordingly AdMan Pro available on for $5 per month; note that Adman Pro is not available with the Shark Bluetooth or Shark Premium packages Visage Cash – 48 Month Software License (40 Car Minimum)          o $1,700 Per Visage Unit Flyovers - $6,000 per 18 holes Tournament Connect - $90 per unit, Adman Pro - $200 per unit, Service, support, extended warranty and connectivity - $10 per unit per month. 6 DocuSign Envelope ID: C1E378DC-8E37-4254-A22C-84146580C109 City of KC/OMNIA Partners #2671-01 2022 Club Car Connect – Commercial Edition Pricing Pricing includes hardware, web portal, installation, warranty and customer support Agreement length o FT = 24 Months o XLT = 48 Months 2022 Club Car Connect - Commercial Edition Packages and Pricing Fleet Tracker (FT)XLT - 10" Color Touchscreen Package 1 Package 2 Package 3 Package 4 $15 per Unit per Month $15 per Unit per Month $15 per Unit per Month $25 per Unit per Month $35 per Unit per month Manage Manage Manage Manage Manage Service Reporting Vehicle Diagnostics Vehicle Diagnostics Vehicle Diagnostics Vehicle Diagnostics Service Reporting Service Reporting Service Reporting Service Reporting * Engine Diagnostics * Engine Diagnostics * Engine Diagnostics * Engine Diagnostics DVIR DVIR DVIR DVIR * RFID Lock/Unlock * RFID Lock/Unlock * RFID Lock/Unlock * RFID Lock/Unlock Track Track NO Track Track Track Real-Time Location Real-Time Location Real-Time Location Real-Time Location Vehicle Location History Vehicle Travel History Vehicle Travel History Vehicle Travel History Geofence Alerts Messaging Messaging Messaging Control NO Control Control Control Control Geofence Alerts Geofence Alerts Geofence Alerts Geofence Alerts * Variable Speed Control * Variable Speed Control * Variable Speed Control * Stop Speed Control * Stop Speed Control * Stop Speed Control * Scheduled Fleet Lockdow * Scheduled Fleet Lockdown * Scheduled Fleet Lockdown Engage Display Videos and Images DocuSign Envelope ID: C1E378DC-8E37-4254-A22C-84146580C109 2022 -Club Car Freight Rates -OMNIA Partners #EV2671-01 Rates based on the most currently published rates thatClub Car Transportation establishes on a yearly basis. Cafe Express Carryall 100 Electric Carryall 100 Gas Carryall 1500 2WD Gas Carryall 1500 Diesel Carryall 1500 Gas Carryall 1500 IT Diesel Carryall 1700 Diesel Carryall 1700 Gas Carryall 300 Electric Carryall 300 Gas Carryall 500 Electric Carryall 500 Gas Carryall 502 Electric Carryall 502 Gas Carryall 510 LSV Carryall 550 Electric Carryall 550 Gas Carryall 700 Electric Carryall 700 Gas Carryall 710 LSV Carryall 900 Electric Carryall 900 Gas Precedent i2 Excel Precedent i2 Excel Stretch Precedent i2 Gas Tempo 4 Passenger Electric Tempo 4 Passenger Gas Tempo Golf Electric Tempo Golf Gas Tempo Lithium Ion 2 Pass Tempo Lithium Ion 2+2 Tempo Stretch Transporter Electric Transporter Gas Transporter XL Electric Transporter XL Gas Transporter XLC Electric Transporter XLC Gas Villager 2 Electric Villager 2 Gas Villager 2 LSV Electric Villager 2+2 LSV Electric Villager 4 Precedent Elec Villager 4 Precedent Gas Villager 6 Electric Villager 6 Gas Villager 8 Electric Villager 8 Gas Club Car Current 308 308 308 501 501 501 501 816 816 308 308 308 308 308 308 308 308 308 377 377 377 816 816 204 377 204 308 308 204 204 204 308 377 377 377 816 816 816 816 204 204 308 308 308 308 377 377 486 486 1500 366 366 366 593 593 593 593 953 953 366 366 366 366 366 366 366 366 366 450 450 450 953 953 228 450 228 366 366 228 228 228 366 450 450 450 953 953 953 953 228 228 366 366 366 366 450 450 578 578 1500 639 639 639 1228 1228 1228 1228 2010 2010 639 639 639 639 639 639 639 639 639 787 787 787 2010 2010 447 787 447 639 639 447 447 447 639 787 787 787 2010 2010 2010 2010 447 447 639 639 639 639 787 787 1018 1018 1500 755 755 755 1455 1455 1455 1455 2393 2393 755 755 755 755 755 755 755 755 755 927 927 927 2393 2393 528 927 528 755 755 528 528 528 755 927 927 927 2393 2393 2393 2393 528 528 755 755 755 755 927 927 1205 1205 1500 628 628 628 1027 1027 1027 1027 1676 1676 628 628 628 628 628 628 628 628 628 771 771 771 1676 1676 395 771 395 628 628 395 395 395 628 771 771 771 1676 1676 1676 1676 395 395 628 628 628 628 771 771 994 994 1500 373 373 373 597 597 597 597 964 964 373 373 373 373 373 373 373 373 373 458 458 458 964 964 230 458 230 373 373 230 230 230 373 458 458 458 964 964 964 964 230 230 373 373 373 373 458 458 582 582 1500 348 348 348 559 559 559 559 901 901 348 348 348 348 348 348 348 348 348 427 427 427 901 901 216 427 216 348 348 216 216 216 348 427 427 427 901 901 901 901 216 216 348 348 348 348 427 427 545 545 1500 334 334 334 540 540 540 540 868 868 334 334 334 334 334 334 334 334 334 411 411 411 868 868 204 411 204 334 334 204 204 204 334 411 411 411 868 868 868 868 204 204 334 334 334 334 411 411 528 528 1500 308 308 308 501 501 501 501 816 816 308 308 308 308 308 308 308 308 308 377 377 377 816 816 199 377 199 308 308 199 199 199 308 377 377 377 816 816 816 816 199 199 308 308 308 308 377 377 486 486 1500 427 427 427 683 683 683 683 1109 1109 427 427 427 427 427 427 427 427 427 519 519 519 1109 1109 264 519 264 427 427 264 264 264 427 519 519 519 1109 1109 1109 1109 264 264 427 427 427 427 519 519 663 663 1500 836 836 836 1379 1379 1379 1379 2268 2268 836 836 836 836 836 836 836 836 836 1033 1033 1033 2268 2268 527 1033 527 836 836 527 527 527 836 1033 1033 1033 2268 2268 2268 2268 527 527 836 836 836 836 1033 1033 1340 1340 1500 388 388 388 628 628 628 628 1013 1013 388 388 388 388 388 388 388 388 388 479 479 479 1013 1013 243 479 243 388 388 243 243 243 388 479 479 479 1013 1013 1013 1013 243 243 388 388 388 388 479 479 612 612 1500 373 373 373 597 597 597 597 963 963 373 373 373 373 373 373 373 373 373 454 454 454 963 963 231 454 231 373 373 231 231 231 373 454 454 454 963 963 963 963 231 231 373 373 373 373 454 454 582 582 1500 509 509 509 825 825 825 825 1341 1341 509 509 509 509 509 509 509 509 509 622 622 622 1341 1341 318 622 318 509 509 318 318 318 509 622 622 622 1341 1341 1341 1341 318 318 509 509 509 509 622 622 802 802 1500 342 342 342 548 548 548 548 881 881 342 342 342 342 342 342 342 342 342 417 417 417 881 881 205 417 205 342 342 205 205 205 342 417 417 417 881 881 881 881 205 205 342 342 342 342 417 417 537 537 1500 365 365 365 589 589 589 589 947 947 365 365 365 365 365 365 365 365 365 448 448 448 947 947 218 448 218 365 365 218 218 218 365 448 448 448 947 947 947 947 218 218 365 365 365 365 448 448 571 571 1500 375 375 375 604 604 604 604 976 976 375 375 375 375 375 375 375 375 375 460 460 460 976 976 231 460 231 375 375 231 231 231 375 460 460 460 976 976 976 976 231 231 375 375 375 375 460 460 590 590 1500 347 347 347 559 559 559 559 899 899 347 347 347 347 347 347 347 347 347 427 427 427 899 899 210 427 210 347 347 210 210 210 347 427 427 427 899 899 899 899 210 210 347 347 347 347 427 427 545 545 1500 424 424 424 682 682 682 682 1104 1104 424 424 424 424 424 424 424 424 424 519 519 519 1104 1104 265 519 265 424 424 265 265 265 424 519 519 519 1104 1104 1104 1104 265 265 424 424 424 424 519 519 663 663 1500 417 417 417 673 673 673 673 1086 1086 417 417 417 417 417 417 417 417 417 509 509 509 1086 1086 259 509 259 417 417 259 259 259 417 509 509 509 1086 1086 1086 1086 259 259 417 417 417 417 509 509 651 651 1500 Page 1 of 3 Club Car State Product Line AL AR AZ CA CO CT DE FL GA IA ID IL IN KS KY LA MA MD ME MI DocuSign Envelope ID: C1E378DC-8E37-4254-A22C-84146580C109 2022 -Club Car Freight Rates -OMNIA Partners #EV2671-01 Cafe Express Carryall 100 Electric Carryall 100 Gas Carryall 1500 2WD Gas Carryall 1500 Diesel Carryall 1500 Gas Carryall 1500 IT Diesel Carryall 1700 Diesel Carryall 1700 Gas Carryall 300 Electric Carryall 300 Gas Carryall 500 Electric Carryall 500 Gas Carryall 502 Electric Carryall 502 Gas Carryall 510 LSV Carryall 550 Electric Carryall 550 Gas Carryall 700 Electric Carryall 700 Gas Carryall 710 LSV Carryall 900 Electric Carryall 900 Gas Precedent i2 Excel Precedent i2 Excel Stretch Precedent i2 Gas Tempo 4 Passenger Electric Tempo 4 Passenger Gas Tempo Golf Electric Tempo Golf Gas Tempo Lithium Ion 2 Pass Tempo Lithium Ion 2+2 Tempo Stretch Transporter Electric Transporter Gas Transporter XL Electric Transporter XL Gas Transporter XLC Electric Transporter XLC Gas Villager 2 Electric Villager 2 Gas Villager 2 LSV Electric Villager 2+2 LSV Electric Villager 4 Precedent Elec Villager 4 Precedent Gas Villager 6 Electric Villager 6 Gas Villager 8 Electric Villager 8 Gas Club Car Current 520 520 520 845 845 845 845 1378 1378 520 520 520 520 520 520 520 520 520 640 640 640 1378 1378 328 640 328 520 520 328 328 328 520 640 640 640 1378 1378 1378 1378 328 328 520 520 520 520 640 640 824 824 1500 419 419 419 678 678 678 678 1095 1095 419 419 419 419 419 419 419 419 419 514 514 514 1095 1095 262 514 262 419 419 262 262 262 419 514 514 514 1095 1095 1095 1095 262 262 419 419 419 419 514 514 659 659 1500 334 334 334 540 540 540 540 868 868 334 334 334 334 334 334 334 334 334 411 411 411 868 868 199 411 199 334 334 199 199 199 334 411 411 411 868 868 868 868 199 199 334 334 334 334 411 411 528 528 1500 840 840 840 1389 1389 1389 1389 2279 2279 840 840 840 840 840 840 840 840 840 1036 1036 1036 2279 2279 528 1036 528 840 840 528 528 528 840 1036 1036 1036 2279 2279 2279 2279 528 528 840 840 840 840 1036 1036 1348 1348 1500 332 332 332 537 537 537 537 878 878 332 332 332 332 332 332 332 332 332 406 406 406 878 878 215 406 215 332 332 215 215 215 332 406 406 406 878 878 878 878 215 215 332 332 332 332 406 406 521 521 1500 619 619 619 1009 1009 1009 1009 1648 1648 619 619 619 619 619 619 619 619 619 759 759 759 1648 1648 388 759 388 619 619 388 388 388 619 759 759 759 1648 1648 1648 1648 388 388 619 619 619 619 759 759 979 979 1500 514 514 514 833 833 833 833 1356 1356 514 514 514 514 514 514 514 514 514 629 629 629 1356 1356 322 629 322 514 514 322 322 322 514 629 629 629 1356 1356 1356 1356 322 322 514 514 514 514 629 629 810 810 1500 424 424 424 682 682 682 682 1102 1102 424 424 424 424 424 424 424 424 424 514 514 514 1102 1102 262 514 262 424 424 262 262 262 424 514 514 514 1102 1102 1102 1102 262 262 424 424 424 424 514 514 662 662 1500 365 365 365 590 590 590 590 948 948 365 365 365 365 365 365 365 365 365 450 450 450 948 948 226 450 226 365 365 226 226 226 365 450 450 450 948 948 948 948 226 226 365 365 365 365 450 450 574 574 1500 574 574 574 937 937 937 937 1528 1528 574 574 574 574 574 574 574 574 574 704 704 704 1528 1528 358 704 358 574 574 358 358 358 574 704 704 704 1528 1528 1528 1528 358 358 574 574 574 574 704 704 913 913 1500 706 706 706 1361 1361 1361 1361 2239 2239 706 706 706 706 706 706 706 706 706 871 871 871 2239 2239 496 871 496 706 706 496 496 496 706 871 871 871 2239 2239 2239 2239 496 496 706 706 706 706 871 871 1129 1129 1500 374 374 374 601 601 601 601 968 968 374 374 374 374 374 374 374 374 374 459 459 459 968 968 230 459 230 374 374 230 230 230 374 459 459 459 968 968 968 968 230 230 374 374 374 374 459 459 585 585 1500 359 359 359 578 578 578 578 930 930 359 359 359 359 359 359 359 359 359 442 442 442 930 930 222 442 222 359 359 222 222 222 359 442 442 442 930 930 930 930 222 222 359 359 359 359 442 442 562 562 1500 424 424 424 682 682 682 682 1104 1104 424 424 424 424 424 424 424 424 424 519 519 519 1104 1104 262 519 262 424 424 262 262 262 424 519 519 519 1104 1104 1104 1104 262 262 424 424 424 424 519 519 662 662 1500 963 963 963 1595 1595 1595 1595 2626 2626 963 963 963 963 963 963 963 963 963 1190 1190 1190 2626 2626 605 1190 605 963 963 605 605 605 963 1190 1190 1190 2626 2626 2626 2626 605 605 963 963 963 963 1190 1190 1549 1549 1500 363 363 363 586 586 586 586 941 941 363 363 363 363 363 363 363 363 363 448 448 448 941 941 226 448 226 363 363 226 226 226 363 448 448 448 941 941 941 941 226 226 363 363 363 363 448 448 570 570 1500 374 374 374 602 602 602 602 968 968 374 374 374 374 374 374 374 374 374 459 459 459 968 968 230 459 230 374 374 230 230 230 374 459 459 459 968 968 968 968 230 230 374 374 374 374 459 459 585 585 1500 308 308 308 501 501 501 501 816 816 308 308 308 308 308 308 308 308 308 377 377 377 816 816 199 377 199 308 308 199 199 199 308 377 377 377 816 816 816 816 199 199 308 308 308 308 377 377 488 488 1500 578 578 578 943 943 943 943 1536 1536 578 578 578 578 578 578 578 578 578 706 706 706 1536 1536 361 706 361 578 578 361 361 361 578 706 706 706 1536 1536 1536 1536 361 361 578 578 578 578 706 706 914 914 1500 308 308 308 501 501 501 501 816 816 308 308 308 308 308 308 308 308 308 377 377 377 816 816 199 377 199 308 308 199 199 199 308 377 377 377 816 816 816 816 199 199 308 308 308 308 377 377 486 486 1500 Page 2 of 3 Club Car Product Line MN MO MS MT NC ND NE NH NJ NM NV NY OH OK OR PA RI SC SD TN DocuSign Envelope ID: C1E378DC-8E37-4254-A22C-84146580C109 2022 -Club Car Freight Rates -OMNIA Partners #EV2671-01 Cafe Express Carryall 100 Electric Carryall 100 Gas Carryall 1500 2WD Gas Carryall 1500 Diesel Carryall 1500 Gas Carryall 1500 IT Diesel Carryall 1700 Diesel Carryall 1700 Gas Carryall 300 Electric Carryall 300 Gas Carryall 500 Electric Carryall 500 Gas Carryall 502 Electric Carryall 502 Gas Carryall 510 LSV Carryall 550 Electric Carryall 550 Gas Carryall 700 Electric Carryall 700 Gas Carryall 710 LSV Carryall 900 Electric Carryall 900 Gas Precedent i2 Excel Precedent i2 Excel Stretch Precedent i2 Gas Tempo 4 Passenger Electric Tempo 4 Passenger Gas Tempo Golf Electric Tempo Golf Gas Tempo Lithium Ion 2 Pass Tempo Lithium Ion 2+2 Tempo Stretch Transporter Electric Transporter Gas Transporter XL Electric Transporter XL Gas Transporter XLC Electric Transporter XLC Gas Villager 2 Electric Villager 2 Gas Villager 2 LSV Electric Villager 2+2 LSV Electric Villager 4 Precedent Elec Villager 4 Precedent Gas Villager 6 Electric Villager 6 Gas Villager 8 Electric Villager 8 Gas Club Car Current 482 482 482 779 779 779 779 1264 1264 482 482 482 482 482 482 482 482 482 591 591 591 1264 1264 303 591 303 482 482 303 303 303 482 591 591 591 1264 1264 1264 1264 303 303 482 482 482 482 591 591 759 759 1500 729 729 729 1198 1198 1198 1198 1964 1964 729 729 729 729 729 729 729 729 729 898 898 898 1964 1964 458 898 458 729 729 458 458 458 729 898 898 898 1964 1964 1964 1964 458 458 729 729 729 729 898 898 1164 1164 1500 347 347 347 560 560 560 560 899 899 347 347 347 347 347 347 347 347 347 427 427 427 899 899 207 427 207 347 347 207 207 207 347 427 427 427 899 899 899 899 207 207 347 347 347 347 427 427 543 543 1500 427 427 427 689 689 689 689 1113 1113 427 427 427 427 427 427 427 427 427 520 520 520 1113 1113 264 520 264 427 427 264 264 264 427 520 520 520 1113 1113 1113 1113 264 264 427 427 427 427 520 520 670 670 1500 979 979 979 1625 1625 1625 1625 2675 2675 979 979 979 979 979 979 979 979 979 1213 1213 1213 2675 2675 619 1213 619 979 979 619 619 619 979 1213 1213 1213 2675 2675 2675 2675 619 619 979 979 979 979 1213 1213 1579 1579 1500 398 398 398 639 639 639 639 1035 1035 398 398 398 398 398 398 398 398 398 488 488 488 1035 1035 250 488 250 398 398 250 250 250 398 488 488 488 1035 1035 1035 1035 250 250 398 398 398 398 488 488 624 624 1500 340 340 340 554 554 554 554 905 905 340 340 340 340 340 340 340 340 340 419 419 419 905 905 215 419 215 340 340 215 215 215 340 419 419 419 905 905 905 905 215 215 340 340 340 340 419 419 539 539 1500 756 756 756 1245 1245 1245 1245 2044 2044 756 756 756 756 756 756 756 756 756 933 933 933 2044 2044 474 933 474 756 756 474 474 474 756 933 933 933 2044 2044 2044 2044 474 474 756 756 756 756 933 933 1210 1210 1500 Page 3 of 3 Club Car Product Line TX UT VA VT WA WI WV WY DocuSign Envelope ID: C1E378DC-8E37-4254-A22C-84146580C109 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 Rick Croft Enterprises, Inc. d/b/a Texas Trailers Sales and Service (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: 25D680E7-2C87-406F-9F00-FF0149CC0FF5DocuSign Envelope ID: 17ABA6A8-AF6D-4961-A04E-8114678076AB 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: Rick Croft Rick Croft Enterprises, Inc. d/b/a Texas Trailers and Service 5601 NW 13th Street Gainesville, FL 32653 Telephone: (352) 378-4756 Email: rick@texastrailersFL.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. Rick Croft Enterprises, Inc. d/b/a STATE OF FLORIDA, Texas Trailers Sales and Service DEPARTMENT OF MANAGEMENT SERVICES _____________________________ _______________________________ [Name] Tami Fillyaw, Chief of Staff _____________________________ _______________________________ Date: Date: DocuSign Envelope ID: 25D680E7-2C87-406F-9F00-FF0149CC0FF5 1/5/2021 | 7:50 PM EST Rick Croft DocuSign Envelope ID: 17ABA6A8-AF6D-4961-A04E-8114678076AB 1/7/2021 | 12:28 PM 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: 25D680E7-2C87-406F-9F00-FF0149CC0FF5DocuSign Envelope ID: 17ABA6A8-AF6D-4961-A04E-8114678076AB 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: 25D680E7-2C87-406F-9F00-FF0149CC0FF5DocuSign Envelope ID: 17ABA6A8-AF6D-4961-A04E-8114678076AB 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: 25D680E7-2C87-406F-9F00-FF0149CC0FF5DocuSign Envelope ID: 17ABA6A8-AF6D-4961-A04E-8114678076AB 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: 25D680E7-2C87-406F-9F00-FF0149CC0FF5DocuSign Envelope ID: 17ABA6A8-AF6D-4961-A04E-8114678076AB 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: 25D680E7-2C87-406F-9F00-FF0149CC0FF5DocuSign Envelope ID: 17ABA6A8-AF6D-4961-A04E-8114678076AB 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: 25D680E7-2C87-406F-9F00-FF0149CC0FF5DocuSign Envelope ID: 17ABA6A8-AF6D-4961-A04E-8114678076AB 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: 25D680E7-2C87-406F-9F00-FF0149CC0FF5DocuSign Envelope ID: 17ABA6A8-AF6D-4961-A04E-8114678076AB 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: 25D680E7-2C87-406F-9F00-FF0149CC0FF5DocuSign Envelope ID: 17ABA6A8-AF6D-4961-A04E-8114678076AB 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: 25D680E7-2C87-406F-9F00-FF0149CC0FF5DocuSign Envelope ID: 17ABA6A8-AF6D-4961-A04E-8114678076AB 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: 25D680E7-2C87-406F-9F00-FF0149CC0FF5DocuSign Envelope ID: 17ABA6A8-AF6D-4961-A04E-8114678076AB 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: 25D680E7-2C87-406F-9F00-FF0149CC0FF5DocuSign Envelope ID: 17ABA6A8-AF6D-4961-A04E-8114678076AB 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: 25D680E7-2C87-406F-9F00-FF0149CC0FF5DocuSign Envelope ID: 17ABA6A8-AF6D-4961-A04E-8114678076AB 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: 25D680E7-2C87-406F-9F00-FF0149CC0FF5DocuSign Envelope ID: 17ABA6A8-AF6D-4961-A04E-8114678076AB 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: 25D680E7-2C87-406F-9F00-FF0149CC0FF5DocuSign Envelope ID: 17ABA6A8-AF6D-4961-A04E-8114678076AB 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: 25D680E7-2C87-406F-9F00-FF0149CC0FF5DocuSign Envelope ID: 17ABA6A8-AF6D-4961-A04E-8114678076AB 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: 25D680E7-2C87-406F-9F00-FF0149CC0FF5DocuSign Envelope ID: 17ABA6A8-AF6D-4961-A04E-8114678076AB 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: 25D680E7-2C87-406F-9F00-FF0149CC0FF5DocuSign Envelope ID: 17ABA6A8-AF6D-4961-A04E-8114678076AB 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: 25D680E7-2C87-406F-9F00-FF0149CC0FF5DocuSign Envelope ID: 17ABA6A8-AF6D-4961-A04E-8114678076AB 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: 25D680E7-2C87-406F-9F00-FF0149CC0FF5DocuSign Envelope ID: 17ABA6A8-AF6D-4961-A04E-8114678076AB 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: 25D680E7-2C87-406F-9F00-FF0149CC0FF5DocuSign Envelope ID: 17ABA6A8-AF6D-4961-A04E-8114678076AB 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: 25D680E7-2C87-406F-9F00-FF0149CC0FF5DocuSign Envelope ID: 17ABA6A8-AF6D-4961-A04E-8114678076AB 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: 25D680E7-2C87-406F-9F00-FF0149CC0FF5DocuSign Envelope ID: 17ABA6A8-AF6D-4961-A04E-8114678076AB 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: 25D680E7-2C87-406F-9F00-FF0149CC0FF5DocuSign Envelope ID: 17ABA6A8-AF6D-4961-A04E-8114678076AB 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: 25D680E7-2C87-406F-9F00-FF0149CC0FF5DocuSign Envelope ID: 17ABA6A8-AF6D-4961-A04E-8114678076AB 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: 25D680E7-2C87-406F-9F00-FF0149CC0FF5DocuSign Envelope ID: 17ABA6A8-AF6D-4961-A04E-8114678076AB 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: 25D680E7-2C87-406F-9F00-FF0149CC0FF5DocuSign Envelope ID: 17ABA6A8-AF6D-4961-A04E-8114678076AB 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: 25D680E7-2C87-406F-9F00-FF0149CC0FF5DocuSign Envelope ID: 17ABA6A8-AF6D-4961-A04E-8114678076AB 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: 25D680E7-2C87-406F-9F00-FF0149CC0FF5DocuSign Envelope ID: 17ABA6A8-AF6D-4961-A04E-8114678076AB 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: 25D680E7-2C87-406F-9F00-FF0149CC0FF5DocuSign Envelope ID: 17ABA6A8-AF6D-4961-A04E-8114678076AB 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: 25D680E7-2C87-406F-9F00-FF0149CC0FF5DocuSign Envelope ID: 17ABA6A8-AF6D-4961-A04E-8114678076AB 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: 25D680E7-2C87-406F-9F00-FF0149CC0FF5DocuSign Envelope ID: 17ABA6A8-AF6D-4961-A04E-8114678076AB 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: 25D680E7-2C87-406F-9F00-FF0149CC0FF5DocuSign Envelope ID: 17ABA6A8-AF6D-4961-A04E-8114678076AB 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: 25D680E7-2C87-406F-9F00-FF0149CC0FF5DocuSign Envelope ID: 17ABA6A8-AF6D-4961-A04E-8114678076AB 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 State Term Contract No. 25101600-21-STC For Medium and Heavy Trucks 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 Tampa Truck Center LLC (Contractor) with its principal place of business located at 7528 US Highway 301 North, Tampa, Florida 33637, collectively referred to herein as the “Parties.” Accordingly, the Parties agree as follows: I. Initial Contract Term. The Initial Contract Term shall be for five years. The Initial Contract Term shall begin on October 1, 2021. The Contract shall expire on September 30, 2026 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, pursuant to the incorporated Special Contract Conditions. III. Order of Precedence. As used in this document, “Contract” (whether or not capitalized) shall, unless the context requires otherwise, include this document and all incorporated Exhibits, 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 Exhibits listed below are incorporated in their entirety into, and form part of, this Contract. The Contract document and Exhibits shall have priority in the following order: a) This Contract document b) Exhibit A, Scope of Work c) Exhibit B, Price Sheet(s) d) Exhibit C, Additional Special Contract Conditions e) Exhibit D, Special Contract Conditions f) Exhibit E, Price Quote Form (PQF) g) Exhibit F, Acknowledgement of Order Form h) Exhibit G, Preferred Pricing Affidavit DocuSign Envelope ID: DBDD5133-6016-4B92-B2EB-A2727F40E652 State Term Contract No. 25101600-21-STC For Medium and Heavy Trucks Page 2 of 2 IV. Contract Management. Department’s Contract Manager: Christopher McMullen Division of State Purchasing Florida Department of Management Services 4050 Esplanade Way, Suite 360 Tallahassee, Florida 32399-0950 Telephone: (850) 922-9867 Email: christopher.mcmullen@dms.fl.gov Contractor’s Contract Manager: Scott Endris Tampa Truck Center LLC. 7528 US Highway 301 North Tampa, Florida 33637 Telephone: (813) 293-0866 Email: sendris@southporttruck.com This Contract is executed by the undersigned officials as duly authorized. This Contract is not valid and binding on all Parties until signed and dated by both Parties. Tampa Truck Center LLC STATE OF FLORIDA, DEPARTMENT OF MANAGEMENT SERVICES _____________________________ _______________________________ [Name] J. Todd Inman, Secretary _____________________________ _______________________________ Date: Date: DocuSign Envelope ID: DBDD5133-6016-4B92-B2EB-A2727F40E652 9/27/2021 | 10:35 AM CDT Exhibit A Scope of Work Page 1 of 22 1. Definitions Definitions contained in section 287.012, Florida Statutes (F.S.); Rule 60A-1.001, Florida Administrative Code (F.A.C.); Exhibit D, Special Contract Conditions; and the PUR 1001, General Instructions to Respondents (10/06), are incorporated by reference. In the event of a conflict, the definitions listed in this section supersede the incorporated definitions for the purposes of this Scope of Work. All definitions apply in both their singular and plural sense. Accepted Brands – The Manufacturer(s) specified by the Department for a particular Base Vehicle Specification. Approved Equivalent – A Representative Model manufactured by a producer/provider other than Accepted Brands which meet the required Base Vehicle Specifications. Equivalence is determined by the Department by comparing the Representative Model’s vehicle specifications with the Base Vehicle Specifications. The Department reserves the right to independently verify information provided by the Bidder, including but not limited to, the equivalence of Representative Models. Base Vehicle Specification – A Department-specified Commodity that may include vehicle size, axle configuration, class, gross vehicle weight rating (GVWR), and other information listed by the Department herein, which identifies the requirements, specifications, terms, and conditions herein, and may include Components, Features, or Configurations different than those provided by a Manufacturer on their standard base version of the Commodity. Business Day – Monday through Friday, inclusive, except for those holidays specified in section 110.117, Florida Statutes (F.S.), from 8:00 a.m. to 5:00 p.m. at the Customer’s location. Commodity Code – The State’s numeric code for classifying Commodities and contractual services which meet specific requirements, specifications, terms, and conditions herein. Florida has adopted the United Nations Standard Products and Services Code (UNSPSC) for classifying Commodities and services. Component, Feature or Configuration – An element, piece, part, module, package, element Group, piece Group, parts Group, module Group, or package Group of a Commodity, Representative Model or Option. Contract – The written agreement between the Department and the awarded Bidder(s) resulting from ITB No. 21-25101600-ITB. Contractor – A vendor that entered into a Contract with the Department as a result of ITB No. 21-25101600-ITB. A Contractor can be a Manufacturer or Dealer. DocuSign Envelope ID: DBDD5133-6016-4B92-B2EB-A2727F40E652 Page 2 of 22 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 Representative Models and Options from the Manufacturer. 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. Free on Board (FOB) Destination – As defined in section 672.319(1)(b)., Florida Statutes. Gross Vehicle Weight Rating (GVWR) – The combined weight of vehicle and its payload capacity. Group – A collection of Base Vehicle Specifications, as described in this Scope of Work, and Exhibit B, Price Sheet(s). Heavy Truck – The Federal Highway Administration (FHWA), truck group classes 7 - 8. Manufacturer – The original producer or provider of Representative Models or Options which possess the minimum quality, reliability, service, and value required by the Department and Customers. May be used interchangeably with “Brand”. Manufacturer’s Last Order Date – The final date on which the Manufacturer stops producing the model year of a Representative Model which meets the requirements, specifications, terms, and conditions of the Contract. Manufacturer’s Suggested Retail Price (MSRP) – The Manufacturer’s recommended retail selling price, list price, catalog price, distributor price, published price, or other usual customary pricing that would be paid by the purchaser for specific Representative Models, Options, and contractual services without benefit of a Contract. MSRPs shall be formally published by the Manufacturer, publicly listed and available, and verifiable by the Department. If two or more prices fit this definition for a pertinent Commodity, equipment model, or contractual service, the Contractor will supply the lowest price as the MSRP. Medium Truck – The Federal Highway Administration (FHWA), truck group classes 3 – 6. MSRP Credit – The MSRP of the Option that is deducted from the MSRP of the Vehicle price paid by the Customer if the Option is removed from the Vehicle. MSRP List – A collection of MSRPs and related information broken down by specific Representative Models and their associated Options. MSRPs shall be formally published by the Manufacturer, publicly listed and available, and verifiable by the Department. In the priority listed below, only the following are acceptable sources of current MSRPs and MSRP Lists for use under this Contract: DocuSign Envelope ID: DBDD5133-6016-4B92-B2EB-A2727F40E652 Page 3 of 22 • Manufacturer’s Annual U.S. Price Book; • Manufacturer’s official website or dealer software; and • Autodata, Inc. d/b/a Chrome Data’s Carbook Pro Fleet Edition. MSRP Sheet – The MSRP sheet provides the MSRP and specification(s) for the Representative Model(s) bid. Also known as a Build Sheet. Net Price – The final price paid by the Customer after applying all discounts and credits. Non-OEM Option – An Option produced by a Manufacturer other than the Manufacturer of the associated Representative Model. OEM Option – An Option produced by the Manufacturer of the associated Representative Model. Option – A Manufacturer’s new and unused optional Component, Feature, or Configuration not specified by the Department as standard on the Base Vehicle Specifications, and which is intended for the specific Representative Model. Equipment which meets the requirements, specifications, terms, and conditions herein, and may be installed to, uninstalled from, or provided with or separately from the Representative Model by the Manufacturer, port or Dealer, as specified, ordered, legal, customary, reasonable, and prudent in the industry or specified by the Manufacturer. May include OEM Options and Non-OEM Options and may be considered aftermarket options. Original Equipment Manufacturer (OEM) – The original producer of a Commodity. Representative Model – A specific Medium or Heavy Truck that meets a Base Vehicle Specification. A Representative Model may include Manufacturer’s name, trade name, Brand name, make name, model name, model number, catalog number, or other information provided which meets the requirements, specifications, terms, and conditions specified by the Department herein, and may include Components, Features, or Configurations different than those provided by a Manufacturer, port, and Dealer on their standard version of the Commodity. Also known as Standard Model, Representative Vehicle, Standard Vehicle, or Vehicle. State – The State of Florida. 2. Purpose To provide Customers within the State the ability to acquire new and unused Medium and Heavy Trucks. The Contractor shall provide Medium and Heavy Trucks in accordance with the specifications contained herein. The Medium and Heavy Truck Commodities offered under the Contract shall be classified under six Groups, which are listed and described as follows: Group No. Group Description 1 CHASSIS CABS 2 FLAT BED DUMP TRUCKS 3 DUMP TRUCKS 4 FLAT BED STAKE BODY TRUCKS 5 DRY FREIGHT TRUCKS 6 TRUCK TRACTORS DocuSign Envelope ID: DBDD5133-6016-4B92-B2EB-A2727F40E652 Page 4 of 22 The Contract is intended to cover only those Medium and Heavy Trucks generally used by the State as listed and described herein and does not include all varieties of Medium and Heavy Trucks that are commercially available. The Department in its sole discretion shall determine the eligibility and acceptability of all Commodities available and included under the Contract. The Contractor shall be responsible for immediately removing all non-eligible and Department unauthorized Commodities under the Contract from the Contractor’s MSRP List. 3. Commodity Specifications and Standards The Base Vehicle Specifications and Options are based on the available information known to the Department at the time of the solicitation, including the known needs of Customers and information obtained using Autodata, Inc. d/b/a Chrome Data’s Carbook Pro Fleet Edition. Options listed in Exhibit B, Price Sheet (C.4) were identified based on known Customer needs and the respective Manufacturer’s data. The Contract specifications and standards form a part of the overall specifications for the listed Representative Models, except as modified or noted herein. Any conflict between the Department’s Contract specifications and standards and the Manufacturer’s specifications will be resolved in favor of the Department specifications and standards. The Contractor shall ensure that all Commodities, including all Representative Models, Options, and the respective Components, Features, or Configurations, shall individually and jointly comply with the following: a. All Commodities shall be designed, constructed, equipped, assembled, and installed to be fully suitable for their intended use, purpose, and service per the Scope of Work; b. All Commodities shall be new and unused (except as specified in the Transportation and Delivery section of the Scope of Work), for the current Manufacturer’s model year or later, of current or recent production, and of the latest design and construction; c. All Representative Models shall be diesel powered. choices for alternative fuel fuels (compressed natural gas (“CNG”), diesel, electric, gasoline (E-10 to E-85), liquefied petroleum gas (“LPG”), natural gas, or propane powered) can be listed for reference and customer selection if desired. d. All Commodities shall include all Option standard features, equipment, and components installed by Manufacturer or Dealer according to the Manufacturer’s current standard procedures, requirements, and specifications; e. All Representative Models shall meet the Automatic Air Brake Drain System Specifications, which are available at https://www.dms.myflorida.com/content/download/ 152586/1015180/file/AIRBRAKE.pdf; f. All Commodities shall be free of damage, defect, and rust which may affect appearance, operability, functionality, or serviceability; g. All Commodities shall comply with current legal, customary, reasonable, and professional standards of the Medium and Heavy Trucks industry; DocuSign Envelope ID: DBDD5133-6016-4B92-B2EB-A2727F40E652 Page 5 of 22 h. All Commodities shall comply with current mandatory and applicable federal and State Medium and Heavy Trucks requirements including, but not limited to, all legal, safety, and environmental standards and requirements; and i. All Commodities shall meet the requirements, specifications, terms, and conditions herein. No Contractor’s or Dealer’s advertising or identification (name, logos, etc.) is permitted on the Commodities, including all Representative Models and Options and their components. Commodity Manufacturer’s advertising or identification (name, model, logos, etc.) is permitted on the respective Commodities if such advertising or identification is a Manufacturer’s standard on the specific Commodity. The Contractor shall be responsible for removing, without damage, all impermissible or unacceptable advertising or identification. The Department reserves the right to, in its sole discretion, determine what advertising or identification is considered unacceptable. Delivery of non-conforming Commodities and contractual services, which are not remedied as required herein, may be cause for default proceedings and Contract termination. 4. Truck Body Specifications Contractors shall satisfy the truck body requirements in accordance with the specifications contained herein. Group No. Base Vehicle Code Description Specification 1 N/A Chassis Cab Only N/A 2 210, 240 12 Foot Flat Bed Heavy-Duty Dump Body FLAT-12 220, 230, 250, 260 14 Foot Flat Bed Heavy-Duty Dump Body FLAT-14 3 310, 330 Four Cubic Yard Heavy-Duty Dump Body DUMP-4 320, 340 Five Cubic Yard Heavy-Duty Dump Body DUMP-5 350, 360 Eight Cubic Yard Heavy-Duty Dump Body DUMP-8 370, 380 12 Cubic Yard Heavy-Duty Dump Body DUMP-12 4 410, 440, 450, 460 14 Foot Extra Heavy-Duty Stake Body STAKE-14 420 18 Foot Extra Heavy-Duty Stake Body STAKE-18 430 22 Foot Extra Heavy-Duty Stake Body STAKE-22 5 510 16 Foot Van Body, Aluminum, Dry Freight FREIGHT-16 520 20 Foot Van Body, Aluminum, Dry Freight FREIGHT-20 530 24 Foot Van Body, Aluminum, Dry Freight FREIGHT-24 6 N/A Truck Tractor Only N/A The Contract is only intended to cover Medium and Heavy Trucks used or utilized by the State as listed and described herein and does not include all varieties of Medium and Heavy Trucks that are commercially available. The Department in its sole discretion shall determine the eligibility and acceptability of all Commodities available and included under the Contract. DocuSign Envelope ID: DBDD5133-6016-4B92-B2EB-A2727F40E652 Page 6 of 22 5. Options, Components, Features and Configurations All Representative Models, Options, must be manufactured by the specified Manufacturer of the Commodity provided. Where a Representative Model is specified for an Option, Component, Feature or Configuration only the specified Commodity may be offered and provided. All Options, Components, Features or Configurations must be new and meet the requirements, specifications, terms, and conditions herein, and are subject to prior Customer approval. All Options, Components, Features or Configurations of the Representative Model, as specified by the Department and ordered by the Customer, shall be fully assembled and installed by the Manufacturer, except as follows: • If the Option, Component, Feature or Configuration is specified as a port installed or Dealer installed Option, Component, Feature or Configuration by the Manufacturer; or • If the Option, Component, Feature or Configuration is not available from the Manufacturer, the Option, Feature, or Component may be assembled by its respective Manufacturer and installed by the Contractor. 6. Luxury or Sport Vehicles or Features Unless otherwise indicated within the Base Vehicle Specification, no luxury or sports features will be considered or permitted. The Department, in its sole determination, shall determine what is a luxury or sport feature. To date, the Department has determined luxury or sports features include the following: • Manufacturer’s Signature or Specialty editions; and • Leather upholstery (seats or interior), sunroofs, and moon roofs. 7. Installation When installation is required, Contractor shall be responsible for placing and installing the equipment or parts in the required locations at no additional charge, unless otherwise specified in the Price Sheet. All materials used in the installation shall be new and unused and shall be free of defects that would diminish the appearance of any Commodity or render it structurally or operationally unsound. Installation includes the furnishing of any equipment, rigging, and materials required to install or replace the equipment 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. The 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. 7.1 Body Transfer and 3rd Party Body Installations In the event the Customer chooses to purchase or supply a cab and chassis separately, the Contractor must facilitate obtaining the required Manufacturer Certified Certificate, perform Manufacturer required pre-delivery inspection, and ensure all proper tag and title documents are present pursuant to Florida license requirements. The Manufacturer must certify that it conforms to all Federal Motor Vehicle Safety Standards (FMVSS). The Contractor is responsible for facilitating body transfers and installations at no additional cost to the Customer. While facilitating body transfers and installations, the Contractor must ensure that all work is performed by a certified vendor and that all work meets or exceeds FMVSS DocuSign Envelope ID: DBDD5133-6016-4B92-B2EB-A2727F40E652 Page 7 of 22 standards. The Customer may incur an additional cost for installation by the Contractor or body upfitter. The installation cost may vary due to the body configuration; however, the price shall be included on the Price Quote Form (PQF) from the Contractor. 8. Full-Service Repair Facilities The Contractor shall maintain at least one factory-authorized service station or servicing dealer within the State to perform warranty repairs and adjustments throughout the Contract term at no additional cost to Customer(s) or the Department. The Contractor shall promptly notify the Department in writing of any changes thereto. The Contractor shall be responsible for all service performed, regardless of whether the Contractor or their 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 will list this additional service as a separate item on the invoice. 9. 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 laws, requirements, and regulations applicable to the type and class of Commodities and contractual services being provided. This includes, but is not limited to, Federal Motor Vehicle Safety Standards (“FMVSS”), Occupational Safety and Health Administration (“OSHA”), Environmental Protection Agency (“EPA”) Standards, and State laws, requirements, and regulations that apply to the type and class of Commodities and contractual services being provided. It is the intent of the Department that the Contractor(s) comply with all applicable federal and State regulations regarding the Commodities and contractual services’ specifications, safety, and environmental requirements, including any legislation or regulations which become effective during the term of the Contract and shall become a part of the Contract. The Contractor(s) shall meet or exceed any such requirements of the laws and regulations applicable to the type and class of commodities and contractual services provided. If an apparent conflict exists, the Contractor, regardless of whether it’s the Manufacturer or Dealer, shall contact the DMS Contract Manager immediately. 10. Acceptable Publications The Customer may request, and the Contractor shall provide, within three Business Days of any request, acceptable and supporting information or documentation relative to its product. Acceptable and supporting information or documentation includes, but is not limited to: 1. A copy of the Manufacturer’s Computer Printout (Ford “DORA”/“Commercial Truck Tools”, Freightliner “Spec Pro”, International “Vehicle Specifications”, Mack “Order/Customer/Vehicle Information”, or Approved Equivalent) for each Commodity offered. 2. MSRP List. The MSRP and MSRP List may not be custom or solely developed, created, maintained, altered, revised, changed, or utilized for purposes of the solicitation and resulting contract (see definition, MSRP). 3. Manufacturer’s standard warranties; and 4. The Manufacturer’s official fleet or retail websites. During the term of the Contract, the Contractor shall supply printed sales literature and technical information to Customers upon request, unless the literature and information requested is DocuSign Envelope ID: DBDD5133-6016-4B92-B2EB-A2727F40E652 Page 8 of 22 available on the Contractor’s or Manufacturer’s website. If the literature and information is available on the Contractor’s website, the Contractor shall direct the requesting Customer to its specific website location. 11. 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. 12. Warranty The Manufacturer’s standard warranty shall cover all Commodities and contractual services offered through 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 and contractual services specified herein that are sold to any Federal, state, or local governments. The Manufacturer’s standard warranty shall be in effect for a minimum term of one year from the Customer’s acceptance, as specified in the Final Inspection and 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, 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. 13. Recall(s) In the event there is a recall of any of the Commodities, including but not limited to any Vehicle, Options, Components, Features or Configurations, or any other any parts therein, ("Vehicle Recall"), 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 reports as may be required. Each Contractor shall, at the request of the Department or any Customer, give the Department and each Customer 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 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. 14. Manufacturer’s Last Order Date, Production Notification, and Representative Model Replacement The Contractor shall notify the Department’s Contract Manager of a contracted Vehicle Manufacturer’s Last Order Date by email no later than 30 calendar days prior to the effective date of the Manufacturer’s Last Order Date. In the event the Manufacturer gives less than 30 calendar days’ notice of a Last Order Date to the Contractor, the Contractor shall notify the Department’s Contract Manager no later than the next Business Day by email or telephone following Contractor receiving notice of the Last Order Date from the Manufacturer. The Contractor shall immediately provide copies of the Manufacturer’s notice of the Manufacturer’s Last Order Dates to the Department's Contract Manager upon request. The Contractor shall notify the Customer and the Department’s Contract Manager in writing of any production schedule changes associated with the Customer’s order within one Business Day. DocuSign Envelope ID: DBDD5133-6016-4B92-B2EB-A2727F40E652 Page 9 of 22 Upon receipt of a purchase order from a Customer, the Contractor shall immediately notify the ordering Customer of any conflicts with the Manufacturer’s Last Order Date by telephone and include the Manufacturer’s Last Order Date in the completed Acknowledgement of Order Form provided to Customer in accordance with the Acknowledgement of Order section listed in the Scope of Work. Should the Contractor improperly notify a Customer or the Department of a Manufacturer’s Last Order Date, it may be grounds for termination of the Contract. Upon receipt of the required telephone notification or the Acknowledgement of Order Form notifying the Customer of the Manufacturer’s Last Order Date, the Customer may cancel the purchase order without penalty, or maintain the purchase order knowledgeable of the risk of potential non- Delivery without recourse. Upon receipt of the required telephone notification or the Acknowledgement of Order Form notifying the Customer of the Manufacturer’s Last Order Date, all purchase orders received by the vendor and maintained by the Customer after a Manufacturer’s Last Order Date shall be subject to awarded Commodity availability. After the Manufacturer’s Last Order Date, the Contractor may provide the new model year of the awarded Commodity, which meets the specifications herein, at the existing Contract Prices, discounts, requirements, terms, and conditions. If the Contractor wishes to replace any awarded Representative Model due to a revision, alteration, addition, or technical improvement, the Contractor shall submit the Representative Model change to the Department’s Contract Manager. The proposed replacement must meet or exceed the Department’s Base Vehicle Specifications for the awarded Representative Model and must meet or exceed the Contract requirements, specifications, terms, and conditions. Additionally, the replacement offered must be equal to or less than the current Contract Price for the awarded Representative Model the Contractor is seeking to update. The Contractor shall provide the Department with any documents requested by the Department to fully review the Contractor’s request. The Department, at its sole discretion, will make the determination to accept or reject the proposed replacement. If the Department rejects the proposed replacement or if there is no proposed replacement offered for a Representative Model that is no longer available, the Department may, at its sole discretion, remove the Representative Model from the Contract. In the event that a Representative Model is no longer available or no longer meets the Contract specifications, the Contractor shall be responsible for notifying the Department’s Contract Manager in writing within seven calendar days. 15. Vehicle Needs All State agencies shall comply with sections 287.14(2) and 287.151, F.S. Customers shall communicate their vehicle performance needs and requirements to the designated Contractor representatives identified in the Contract prior to requesting the Exhibit E, Price Quote Form (PQF). The Customer is encouraged to seek more than one quote from the identified awarded Contractors of the Vehicle, where available. 16. Price Quotes The Contractor prepares and submits to the Customer a price quote for the requested Commodity(ies) using Exhibit E, Price Quote Form (PQF). All requested Representative Model(s), Options (including aftermarket options) and Options discount(s) shall be itemized on the PQF, along with the applicable pricing information. Options shall be listed separately and include specific brand and model information, along with labor charges and installation charges listed separately. The price quoted for the Representative Model(s) and Options discount shall not exceed the current Contract’s prices and discounts. The PQF shall be completed by the Contractor and returned to the Customer within two Business Days of the Contractor’s receipt of DocuSign Envelope ID: DBDD5133-6016-4B92-B2EB-A2727F40E652 Page 10 of 22 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. 17. DMS Approval (State Agency Only) After receipt of the Contractor completed PQF that is acceptable to the Customer, the Customer will develop a justification to support price reasonableness and complete DMS Form MP6301, Request for Acquisition of Motor Vehicle(s) and Mobile Equipment; DMS Form MP6301 is available at: https://www.dms.myflorida.com/business_operations/fleet_management_and_ federal_property_assistance/fleet_management/purchase_of_mobile_equipment. The Customer shall submit a completed MSRP List and DMS Form MP6301, along with the PQF completed by the Contractor, to the DMS Bureau of Fleet Management for approval. 18. Purchase Order Upon the Department’s approval of a State Agency request, the Customer shall process a purchase order using normal purchasing processes. The purchase order will include a copy of the Department approved Exhibit E, PQF. All orders submitted by Customers of the Contract shall be placed using a purchase order. Purchase orders issued by Customers shall be in accordance with the, Price, Sheet(s), requirements, specifications, terms, and conditions of the Contract. The following terms apply to the Contractor and the Customer’s use of a purchase order: 18.1 Customers may only place, and Contractors shall only accept, purchase orders for Vehicles included in the Contractor’s awarded Contract. Customers are responsible for including the following information on and with the purchase order, for each Vehicle ordered: 18.1.1 Customer name and contact information; 18.1.2 Contractor Information; 18.1.3 State Term Contract Number and Name; 18.1.4 Representative Model Information; Commodity Code and Line Number, standard description, and price; Paint/finish color if other than the standard white (or other standard color if white is not available from the Manufacturer); Option Information (if applicable, individually listed): Manufacturer’s Option Code and Description, Option MSRP, Option Discount, and Option Net Price or Option MSRP Credit (as applicable, per the Ceiling Prices section and the Charges and Fees section). State Agencies must include a copy of the applicable Exhibit E, Price Quote Form (PQF) and accompanying MSRP List with any submitted requisition; 18.1.5 Aftermarket Options not procured under this Contract shall be separately itemized on the PQF and the purchase order, along with the applicable pricing information. Aftermarket Options shall be listed by specific brand and model, with labor charges, including installation, listed separately. Pricing for DocuSign Envelope ID: DBDD5133-6016-4B92-B2EB-A2727F40E652 Page 11 of 22 Customer orders of aftermarket Options not procured under this Contract shall not exceed the current MSRP at the time of verification by the Department; 18.1.6 New License Plate Fee (if applicable, per the Commodities Title and Registration section of this solicitation); 18.1.7 Any Customer special instructions, requirements, specifications, terms, and conditions; and 18.1.8 The total cost for the Representative Model and Option(s) (if any) and New License Plate Fee (if applicable). 18.2 The Contractor shall place an order with the Manufacturer(s) within seven calendar days of receipt of the purchase order unless the Contractor has the ordered Representative Model in their possession that meets the Customer’s purchase order requirements. All orders placed with the Manufacturer(s) shall be made in full compliance with the requirements, specifications, terms, and conditions herein. 18.3 The Contractor shall honor all purchase orders received during the Contract period and which are received prior to the Manufacturer’s Last Order Date for Commodities the Contractor is currently awarded. Purchase orders are deemed received upon delivery. This may allow for the provision of the next new model year of the awarded Commodity, which meets the specifications herein, at the existing Contract prices, discounts, requirements, terms, and conditions. 18.4 The Contractor, from receipt of the purchase order until delivery is made to the Customer, shall promptly notify the Customer of any potential delivery delays. Additionally, the Contractor must promptly advise the Customer if their order may not be delivered prior to the end of the Customer’s Fiscal Year (State Agency’s Fiscal Year ends June 30). Note: Evidence of intentional delays in delivery may be cause for default proceedings and Contract termination. 19. Acknowledgement of Order For each order, the Contractor shall provide the ordering Customer with a fully completed Exhibit F, Acknowledgement of Order Form, within five Business Days of receiving the Customer’s order. 20. Accept Order The Contractor agrees to deliver the awarded Vehicle(s) and equipment listed on the purchase order in accordance with the prices, discounts, requirements, specifications, terms, and conditions of the Contract and purchase order. The Contractor must email the fully completed Exhibit F, Acknowledgement of Order Form to the Customer within five Business Days from the date the Contractor receives the purchase order. Failure of the Contractor to provide the ordering Customer the Acknowledgement of Order Form within five Business Days from the date the Contractor received the purchase order will be considered acceptance of the order by default, which, if necessary, shall require the provision of the next new model of the vehicle which meets the requirements, specifications, terms, and conditions herein and shall not exceed the Contract ceiling price for the Customer ordered Vehicle. If a new model year of the awarded Commodity is not available or cannot be delivered within the contractual timeframe, the Contractor must provide a comparable new model of equal or better value which meets or DocuSign Envelope ID: DBDD5133-6016-4B92-B2EB-A2727F40E652 Page 12 of 22 exceeds the requirements, specifications, terms, and conditions herein and shall not exceed the Contract ceiling price for the Customer ordered Vehicle. The Contractor’s proposed substitution is subject to prior approval by the Customer and the Department. The Contractor must provide the following information in the Exhibit F, Acknowledgement of Order Form: 20.1 The estimated delivery date of the Commodity(ies) (including aftermarket Options); 20.2 The Manufacturers’ order confirmation, unless the Contractor has the Representative Model which conforms with the Customer’s purchase order in stock; 20.3 The Commodity(ies) (including aftermarket Options), in their possession, if applicable; 20.4 The Manufacturer’s associated production schedule; and 20.5 The Manufacturer’s Last Order date and the date notice was provided to the Department’s Contract Manager in accordance with the Manufacturer’s Last Order Date, Production Notification, and Representative Model Change section listed in the Scope of Work. Submission of Exhibit F, Acknowledgement of Order Form is the responsibility of the Contractor without prompting or notification by the Department's Contract Manager or Customer. The Contractor’s failure to submit completed Acknowledgement of Order forms to the ordering Customers may be cause for default proceedings and Contract termination. 21. Transportation and Delivery In conjunction with the Ceiling Prices section listed in the Scope of Work, all net prices shall include all charges for packing, handling, freight, distribution, and delivery. Transportation and delivery of goods shall be Free on Board (FOB) Destination to any point statewide as follows: 1. Equipment not in stock or unavailable from a Manufacturer at time of order must be delivered within 120 calendar days after receipt of order, unless otherwise agreed to by the Customer. For any delivery not made within the 120 calendar day timeframe, the Department’s Contract Manager must be notified by the Contractor and given a copy of the purchase order. The Contractor must provide the Department’s Contract Manager any requested information and a timeframe for completion of the order. 2. Equipment in stock must be delivered within 14 calendar days after receipt of the order with one exception: Commodities requiring post-Manufacturer Dealer installed Options or accessories shall be delivered within 30 calendar days after receipt of the Commodities from the Manufacturer(s). Delivery of the awarded new, unused Vehicle(s) is defined as receipt of the awarded new Vehicle at the Customer’s place of business or designated location, or if the Customer chooses, at the Contractor’s place of business. The Contractor must give the ordering Customer written notice of DocuSign Envelope ID: DBDD5133-6016-4B92-B2EB-A2727F40E652 Page 13 of 22 delivery at least 24 hours prior to the delivery. Deliveries will be received only between 8:00 a.m. and 3:00 p.m. (Customer’s local time) during Business Days unless previously arranged and approved by the Customer in writing. Deliveries of awarded new Vehicles are made by either private or common carrier transport; or where delivery may be accomplished by driving the self-propelled vehicle with less than 250 odometer miles at delivery, the self-propelled vehicle may, with the Customer’s prior approval, be driven to the delivery location. The Contractor must make every effort to minimize the number of odometer miles at delivery. At the Customer’s option, vehicles with more than 250 odometer miles at delivery may be rejected, or $0.50 per mile in excess of 250 odometer miles may be deducted from the invoice and payment owed to Contractor. The Contractor must comply with the Manufacturer’s break-in requirements and all applicable traffic and safety laws. All vehicle Commodities delivered by the Contractor to the Customer shall contain no less than one-quarter tank of fuel as indicated by the fuel gauge at the time of delivery. The Contractor will perform the standard Manufacturer’s Pre-Delivery Inspection (PDI) and is responsible for delivering an awarded Vehicle that is properly serviced, clean, and in brand new operating condition. Pre-delivery service, at a minimum, shall include the following: 1. Complete lubrication of 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), motor(s), and drive(s) to proper operating condition(s); 4. Inflate tires (including any spares) to proper pressures; 5. Check to ensure proper operation of all accessories, gauges, lights, and mechanical and hydraulic features; 6. Clean equipment, if necessary, and remove all unnecessary tags, stickers, papers, etc.; and 7. Ensure that the Vehicle is completely assembled (unless otherwise noted in the specification) including but not limited to, the Representative Model, Options, Components, Features or Configurations (if applicable), aftermarket Options (if applicable), and thoroughly tested and ready for operation upon delivery. All Vehicles shall be delivered with each of the following applicable documents completed and included: 1. Copy of the Manufacturer’s Pre-Delivery Inspection (PDI) form, which meets or exceeds the requirements herein; 2. Copy of the ordering Customer’s purchase order; 3. Copy of the applicable Contract specification(s) and Contractor’s current Price Sheet (C.4) information; DocuSign Envelope ID: DBDD5133-6016-4B92-B2EB-A2727F40E652 Page 14 of 22 4. Copy of the Manufacturer’s Invoice(s) for each awarded Commodity, including individual Representative Model, Options, Required aftermarket Options (if applicable), aftermarket Options (if applicable), in the shipment; 5. Proof of Manufacturer’s MSRP (commonly known as the window sticker) if applicable, which shall not be adhered to the Vehicle and instead provided with the documents listed herein; 6. Manufacturer’s certificate of origin, if applicable; 7. Manufacturer’s operator manual, and (if not included in the operator manual) one copy of the Manufacturer’s lubrication and maintenance instructions; 8. Copy of the Manufacturer’s standard warranty certifications; 9. Sales Tax Exemption Form, if applicable; 10. Temporary tag and 20 day extension tag, if applicable; and DHSMV 82040, Application for certificate of title and vehicle registration, if applicable. Deliveries that do not include the above applicable forms and publications, 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 Customer may be cause for default proceedings and Contract termination. These Transportation and Delivery requirements, terms, and conditions also apply to the re- delivery of an awarded Commodity that was previously rejected upon initial delivery. 22. Inspection and Acceptance Section 6.4, Inspection and Acceptance of Commodities, of the Special Contract Conditions exhibit is supplemented by adding the following: The Customer, within five Business Days of delivery, should inspect the Commodity received for acceptability. The Customer should compare the physical Commodity delivered, contract prices, discounts, requirements, specifications, Customer order, and Manufacturer’s MSRP 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 physical damage. The Contractor is obligated to correct any errors or damage. Failure by the Customer to discover an error 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’s place of business or designated location, or if the Customer chooses, at the Contractor’s place of business. Title and risk of loss or damage to all Commodities shall be the responsibility of the Contractor until the Commodity is accepted by the Customer. The Contractor shall be responsible for filing, processing, and collecting all damage claims. The Customer shall assist the Contractor by: DocuSign Envelope ID: DBDD5133-6016-4B92-B2EB-A2727F40E652 Page 15 of 22 • 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 15 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 of the Commodity 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. If the Commodity requires service or adjustments as part of the Customer-approved identified corrective action(s), the Contractor shall either correct the issue 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. All costs of transportation and delivery incurred for initial delivery and any re-deliveries due to non- Customer error or Commodity 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. 23. Commodity Compliance and Compatibility It is the Contractor’s responsibility to ensure that the Commodity(ies) supplied are compliant with the Contract requirements, specifications, terms, and conditions. Additionally, the Contractor shall ensure that the Representative Model, Options, and aftermarket Options ordered by the Customer and provided by the Contractor are fully compatible with each other. Upon acceptance of the Customer’s purchase order, the Contractor is obligated to deliver Commodities that are fully compliant and compatible with the purchase order requirements, specifications, terms, and conditions. In the event any ordered Representative Model, Options, aftermarket Options, Vehicle’s respective features, equipment, components, or configuration are found by the Customer to be missing, incorrect, defective, damaged, non-compatible, or non-compliant, the Customer may require the Contractor to do one or more of the following: • Install or repair at its own cost the Commodity, including but not limited to, the Representative Model, Options, Components, Features or Configurations, and aftermarket Options; DocuSign Envelope ID: DBDD5133-6016-4B92-B2EB-A2727F40E652 Page 16 of 22 • Replace at its own cost the Commodity, including but not limited to, the Representative Model, Options, Components, Features or Configurations, aftermarket Options, and the Vehicle’s respective features, equipment, and components; or • Refund the purchase price of the applicable Commodity, including but not limited to, the Representative Model, Options, Components, Features or Configurations, and aftermarket Options to the Customer. Any changes necessary after the delivery of the Commodity / Commodities that are required to bring a Commodity / Commodities into compliance or compatibility due to an incorrect order fulfillment by the Contractor are to be accomplished at the Contractor’s expense. 24. Commodities’ Title and Registration Contractor shall title and register Vehicles delivered under the Contract for the Customer in accordance with Florida law, including Chapters 319 and 320, F.S. The Contractor shall provide any necessary form(s) that must be signed by an authorized representative of the Customer with the awarded Commodity(ies) at delivery, and the Contractor shall obtain any necessary signature(s) and complete the titling and registration process for the Customer within the timeframe agreed to by the Customer and the Contractor. In the event the Customer is permitted by law to obtain title and registration for the Vehicle independent of the Contractor, and chooses to obtain title and registration independent of the Contractor, the Customer shall notify the Contractor in writing of this decision no later than three Business Days following receipt of the Acknowledgement of Order Form. However, the Customer shall then be obligated to title and register the awarded Commodity , and the Contractor shall provide the Customer any documents necessary for the Customer to do so at the time of delivery. 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. In addition, Customers may elect to transfer an existing license plate, or may choose to obtain a new license plate, for which additional fees may apply. • The Contractor is not required to obtain new license plates for the Customer unless there is a notation, and a new license plate fee is included on the purchase order. • The Customer’s purchase order notation for a new license plate shall include the request for a new license plate, what type of license plate is required, and a Customer point of contact including the person’s name, title, and telephone number should there be any questions. 25. Deletions During the Contract Term, the Department shall have the right to delete Commodities, including but not limited to, Groups, Manufacturers, brand names, and Representative Models, from this agreement by removing them from Exhibit B, Price Sheet (C.4). Commodities may be removed at the sole discretion of the Department. DocuSign Envelope ID: DBDD5133-6016-4B92-B2EB-A2727F40E652 Page 17 of 22 26. Price Adjustments Prices may be adjusted with the introduction of a new year model(s) for a Representative Model(s) awarded to the Contractor and any associated Option(s) awarded in the “OPTIONS” Specification Category of the price sheet. Prices may be adjusted no earlier than 12 months after the start date of the Contract and, thereafter, or no earlier than 12 months after the effective date of the previous price adjustment. Price increases must be supported by a change in the Producer Price Index (PPI) for the Series ID(s) shown in the table below. This information is published by the U.S. Department of Labor, Bureau of Labor Statistics (BLS), and is available at http://www.bls.gov/data/. Series ID Product 336120336120 Heavy duty truck mfg The change in PPI for the first price adjustment after the start date of the Contract shall be determined using the PPI for the month in which the Contract began and the latest available non- preliminary PPI at the time of the price adjustment request (a preliminary PPI is indicated on the BLS website with a “(P)” notation). The change in PPI for second and subsequent price adjustments shall be determined using the latest PPI that was used to support the previous price adjustment and the latest available non-preliminary PPI at the time of the request. When requesting a price increase, the Contractor shall submit a written justification to the Contract Manager detailing the reason(s) for the request; an increase in the PPI is not sufficient justification for a price increase by itself. Price increases shall not exceed the percent change in PPI or three percent, whichever is less. The percent change in PPI shall be calculated using the following formula: (𝐴−𝐴) 𝐴=𝑍 Where: A = earliest PPI (PPI at the time the renewal term began or previous price adjustment) B = latest PPI (latest available non-preliminary PPI at the time of price adjustment request) Z = percent change in PPI For any price adjustment request which exceeds the percent change in PPI, an exception may be considered by submitting to the Department’s Contract Manager a revised MSRP and supporting documentation detailing substantial model improvements which provide additional value to the State. If an exception is approved, the pricing adjustment will be calculated by applying the same percentage discount off MSRP as submitted in the original bid. The Department reserves the exclusive right to approve or deny any price adjustment request. Price adjustments will not be considered for any Contractor with any contractual non-performance issues including, but not limited to, outstanding fees or monies due under this Contract or overdue reports or documentation including, but not limited to, a Quarterly Sales Report or an MFMP Transaction Fee Report. A price adjustment does not constitute a change to the Contract requiring an amendment executed by both Parties. After the Department approves a price adjustment in a written communication to the Contractor, it will incorporate the price adjustment onto the price sheet listed on the State Purchasing Contract website. DocuSign Envelope ID: DBDD5133-6016-4B92-B2EB-A2727F40E652 Page 18 of 22 OEM Options Discounts and Non-OEM Options Discounts, as awarded on the price sheet for each Representative Model, may not be reduced during the life of the Contract. 27. Ceiling Prices The Representative Model Price for each Representative Model listed in the Contractor’s submitted Price Sheet (C.4), shall be the not-to-exceed Ceiling Prices under the Contract. The Options discount listed in the Contractor’s submitted Price Sheet (C.4) shall be the minimum discount applied to Options. 27.1 Charges and Fees The ceiling prices are inclusive of all charges and fees, including but not limited to, the following: 1. Administrative; 2. Environmental; 3. Title Application and Registration; 4. License Plate Transfer; 5. Preparation; 6. Handling; 7. Freight; 8. Distribution; 9. Shipping; 10. Delivery to any point within the State; 11. Warranty; 12. Tire and Battery Fee; 13. Any other charges or fees necessary to deliver the Representative Model according to the requirements, specifications, terms, and conditions, exclusive of taxes; 14. Profit; and 15. Installation (for Options, including aftermarket Options). 28. Options Discount The discount percentage, listed for the Representative Model’s Options, shall be the minimum discount percentage applied off the current MSRP (Price, not MSRP Credit) for Options during the Contract period. If an Option has a positive MSRP (e.g., $1.00), then the Option Discount (e.g., 10%) will provide a lower Option Net Price for the individual Option (e.g., $1.00 MSRP x (1- 10% Options Discount)] = $0.90 Option Net Price); Option’s Net Prices shall be rounded to the nearest whole cent. DocuSign Envelope ID: DBDD5133-6016-4B92-B2EB-A2727F40E652 Page 19 of 22 Option’s MSRP Credits will be stated as the MSRP list price, with the Option Discount applied. The Option’s discount percentage does not apply to the Options listed on the pricing sheets and shall only be applied to upgrades made to the Representative Model specifications based on performance needs. 29. Contractor’s Use of Dealers 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 Contractor shall ensure that Dealers remain current with the Contractor’s authorized Commodities and pricing listed in the price sheet. 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/subcontractor_dealer_reseller_forms. 30. Performance Qualifications The Department reserves the right to investigate or inspect at any time whether the Commodities, qualifications, or facilities offered by Contractor meet the Contract requirements. The Contractor shall at all times during the Contract term remain responsive and responsible. In determining Contractor’s responsibility as a Contractor, the Department may consider all information or evidence which is gathered or comes to the attention of the Department which demonstrates the Contractor’s capability to fully satisfy the requirements of the solicitation and the Contract. If the Department determines the terms of the Contract are not complied with, or that the equipment or parts proposed to be furnished does not meet the specified requirements set forth herein, or that the qualifications, financial standing, or facilities are not satisfactory, or that performance is untimely, the Department may terminate the Contract. 31. 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 the 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 DocuSign Envelope ID: DBDD5133-6016-4B92-B2EB-A2727F40E652 Page 20 of 22 Diversity Report (submitted to the Customer) State Fiscal Year 30 Business Days after close of the period Preferred Pricing Affidavit (in accordance with the Special Contract Conditions) Annual Contract Anniversary Date 32. 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. 33. Quarterly Sales Reports The Contractor shall submit a quarterly sales report electronically, in the required format, to the Department’s Contract Manager within 30 calendar days after close of each quarter. The quarterly sales report can be found at the following link: 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 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 34. 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. 35. 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. DocuSign Envelope ID: DBDD5133-6016-4B92-B2EB-A2727F40E652 Page 21 of 22 36. 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 improve business efficiencies. 37. 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 Deliverable Performance Metric Performance 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 timely provide accurate Price Quote Forms to Customers All Price Quote Forms will be timely provided to Customers with accurate information Upon Customer request $25 per inaccurate or untimely Price Quote Form DocuSign Envelope ID: DBDD5133-6016-4B92-B2EB-A2727F40E652 Page 22 of 22 No favorable action will be considered for any contractor who has outstanding Contract Quarterly Sales Reports, MFMP Transaction Fee Reports, or any other documentation, to include fees / monies that is required under this Contract. Contractor will adhere to the Manufacturer’s Last Order Date, Production Notification, and Representative Model Change section of the Scope of Work The Contractor shall adhere to the notification requirements listed in the Manufacturer’s Last Order Date, Production Notification, and Representative Model Change section of the Scope of Work Notice will be provided pursuant to the Manufacturer’s Last Order Date, Production Notification, and Representative Model Change section of the Scope of Work, no later than 30 calendar days prior to the effective date of the Manufacturer’s Last Order Date $250 per occurrence Customer will timely provide Diversity Report (submitted to the Customer) Timely provide diversity report Report will be provided no later than 10 Business Days after the end of the State fiscal year $250 per occurrence Ad hoc report(s) Provide ad hoc reports as requested Ad hoc reports will be provided within the timeframe agreed to by the Department and the Contractor, or Customer and Contractor $250 per occurrence DocuSign Envelope ID: DBDD5133-6016-4B92-B2EB-A2727F40E652 1 Exhibit C ADDITIONAL SPECIAL CONTRACT CONDITIONS A. Special Contract Conditions revisions: the corresponding subsections of the Special Contract Conditions referenced below are replaced in their entirety with the following: 2.2 Renewal. Upon written agreement, the Department and the Contractor may renew the Contract in whole or in part only as set forth in the Contract documents, and in accordance with section 287.057(14), F.S. 3.7 Transaction Fees. The State of Florida, through the Department of Management Services, has instituted MyFloridaMarketPlace, a statewide eProcurement system pursuant to section 287.057(24), F.S. All payments 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. 5.1 Conduct of Business. The Contractor must comply with all laws, rules, codes, ordinances, and licensing requirements that are applicable to the conduct of its business, including those of federal, state, and local agencies having jurisdiction and authority. For example, the Contractor must comply with section 274A of the Immigration and Nationality Act, the Americans with Disabilities Act, Health Insurance Portability and Accountability Act, if applicable, and all prohibitions against discrimination on the basis of race, religion, sex, creed, national origin, handicap, marital status, or veteran’s status. The provisions of subparagraphs 287.058(1)(a)- (c) and (g), F.S., are hereby incorporated by reference. Nothing contained within this Contract shall be construed to prohibit the Contractor from disclosing information relevant to performance of the Contract or purchase order to members or staff of the Florida Senate or Florida House of Representatives. Pursuant to section 287.057(26), F.S., the Contractor shall answer all questions of, and ensure a representative will be available to, a continuing oversight team. The Contractor will comply with all applicable disclosure requirements set forth in section 286.101, F.S. In the event the Department of Financial Services issues the Contractor a final order determining a third or subsequent violation pursuant to section 286.101(7)(c), F.S., the Contractor shall immediately notify the Department and applicable Customers and shall be disqualified from Contract eligibility. DocuSign Envelope ID: DBDD5133-6016-4B92-B2EB-A2727F40E652 Additional Special Contract Conditions (approved by State Purchasing, 8/12/2021) 5.4 Convicted, Discriminatory, Antitrust Violator, and Suspended Vendor Lists. In accordance with sections 287.133, 287.134, and 287.137, F.S., the Contractor is hereby informed of the provisions of sections 287.133(2)(a), 287.134(2)(a), and 287.137(2)(a), F.S. For purposes of this Contract, a person or affiliate who is on the Convicted Vendor List, the Discriminatory Vendor List, or the Antitrust Violator Vendor List may not perform work as a contractor, supplier, subcontractor, or consultant under the Contract. The Contractor must notify the Department if it or any of its suppliers, subcontractors, or consultants have been placed on the Convicted Vendor List, the Discriminatory Vendor List, or the Antitrust Violator Vendor List during the term of the Contract. In accordance with section 287.1351, F.S., a vendor placed on the Suspended Vendor List may not enter into or renew a contract to provide any goods or services to an agency after its placement on the Suspended Vendor List. A firm or individual placed on the Suspended Vendor List pursuant to section 287.1351, F.S., the Convicted Vendor List pursuant to section 287.133, F.S., the Antitrust Violator Vendor List pursuant to section 287.137, F.S., or the Discriminatory Vendor List pursuant to section 287.134, F.S., is immediately disqualified from Contract eligibility. 5.6 Cooperation with Inspector General and Records Retention. Pursuant to section 20.055(5), F.S., the Contractor understands and will comply with its duty to cooperate with the Inspector General in any investigation, audit, inspection, review, or hearing. Upon request of the Inspector General or any other authorized State official, the Contractor must provide any information the Inspector General deems relevant. Such information may include, but will not be limited to, the Contractor's business or financial records, documents, or files of any type or form that refer to or relate to the Contract. The Contractor will retain such records for the longer of five years after the expiration or termination of the Contract, or the period required by the General Records Schedules maintained by the Florida Department of State, at the Department of State’s Records Management website. The Contractor agrees to reimburse the State of Florida for the reasonable costs of investigation incurred by the Inspector General or other authorized State of Florida official for investigations of the Contractor's compliance with the terms of this or any other agreement between the Contractor and the State of Florida which results in the suspension or debarment of the Contractor. Such costs will include but will not be limited to: salaries of investigators, including overtime; travel and lodging expenses; and expert witness and documentary fees. The Contractor agrees to impose the same obligations to cooperate with the Inspector General and retain records on any subcontractors used to provide goods or services under the Contract. 8.1.1 Termination of Contract. The Department may terminate the Contract for refusal by the Contractor to comply with this section by not allowing access to all public records, as defined in Chapter 119, F.S., made or received by the Contractor in conjunction with the Contract unless the records are exempt from s. 24(a) of Art. I of the State Constitution and section 119.071(1), F.S. 8.1.2 Statutory Notice. Pursuant to section 119.0701(2)(a), F.S., for contracts for services with a contractor acting on behalf of a public agency, as defined in section 119.011(2), F.S., the following applies: DocuSign Envelope ID: DBDD5133-6016-4B92-B2EB-A2727F40E652 Additional Special Contract Conditions (approved by State Purchasing, 8/12/2021) IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE DEPARTMENT’S CUSTODIAN OF PUBLIC RECORDS AT PUBLICRECORDS@DMS.FL.GOV, (850) 487-1082 OR 4050 ESPLANADE WAY, SUITE 160, TALLAHASSEE, FLORIDA 32399-0950. Pursuant to section 119.0701(2)(b), F.S., for contracts for services with a contractor acting on behalf of a public agency as defined in section 119.011(2), F.S., the Contractor shall: (a) Keep and maintain public records required by the public agency to perform the service. (b) Upon request from the public agency’s custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, F.S., or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law for the duration of the Contract term and following the completion of the Contract if the Contractor does not transfer the records to the public agency. (d) Upon completion of the Contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the Contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the Contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency. 12.1 Performance or Compliance Audits. The Department may conduct or have conducted performance and/or compliance audits of the Contractor and subcontractors as determined by the Department. The Department may conduct an audit and review all the Contractor’s and subcontractors’ data and records that directly relate to the Contract. To the extent necessary to verify the Contractor’s fees and claims for payment under the Contract, the Contractor’s agreements or contracts with subcontractors, partners, or agents of the Contractor, pertaining to the Contract, may be inspected by the Department upon fifteen (15) calendar days’ notice, during normal working hours and in accordance with the Contractor’s facility access procedures where facility access is required. Release statements from its subcontractors, partners, or agents are not required for the Department or its designee to conduct compliance and performance audits on any of the Contractor’s contracts relating to this Contract. The Inspector General, in accordance with section 5.6, the State of Florida’s Chief Financial Officer, and the Office of the Auditor General shall also have authority to perform audits and inspections. DocuSign Envelope ID: DBDD5133-6016-4B92-B2EB-A2727F40E652 Additional Special Contract Conditions (approved by State Purchasing, 8/12/2021) 13.2 E-Verify. 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 in accordance with section 448.095, F.S. By executing this Contract, the Contractor certifies that it is registered with, and uses, the E-Verify system for all newly hired employees in accordance with section 448.095, F.S. 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. The Contractor shall provide a copy of its DHS Memorandum of Understanding (MOU) to the Department’s 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 will promptly notify the Contractor and order the immediate termination of the contract between the Contractor and a subcontractor performing work on its behalf for this Contract should the Department have a good faith belief that the subcontractor has knowingly violated section 448.09(1), F.S. B. Special Contract Conditions additions: the following subsection is added to the Special Contract Conditions: 12.3 Document Inspection. In accordance with section 216.1366, F.S., the Department or a state agency is authorized to inspect the: (a) financial records, papers, and documents of the Contractor that are directly related to the performance of the Contract or the expenditure of state funds; and (b) programmatic records, papers, and documents of the Contractor which the Department or state agency determines are necessary to monitor the performance of the Contract or to ensure that the terms of the Contract are being met. The Contractor shall provide such records, papers, and documents requested by the Department or a state agency within 10 Business Days after the request is made. DocuSign Envelope ID: DBDD5133-6016-4B92-B2EB-A2727F40E652 SP approved version 7‐1‐2019 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. Exhibit D DocuSign Envelope ID: DBDD5133-6016-4B92-B2EB-A2727F40E652 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: DBDD5133-6016-4B92-B2EB-A2727F40E652 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: DBDD5133-6016-4B92-B2EB-A2727F40E652 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: DBDD5133-6016-4B92-B2EB-A2727F40E652 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: DBDD5133-6016-4B92-B2EB-A2727F40E652 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: DBDD5133-6016-4B92-B2EB-A2727F40E652 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: DBDD5133-6016-4B92-B2EB-A2727F40E652 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: DBDD5133-6016-4B92-B2EB-A2727F40E652 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: DBDD5133-6016-4B92-B2EB-A2727F40E652 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: DBDD5133-6016-4B92-B2EB-A2727F40E652 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: DBDD5133-6016-4B92-B2EB-A2727F40E652 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: DBDD5133-6016-4B92-B2EB-A2727F40E652 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: DBDD5133-6016-4B92-B2EB-A2727F40E652 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: DBDD5133-6016-4B92-B2EB-A2727F40E652 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: DBDD5133-6016-4B92-B2EB-A2727F40E652 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: DBDD5133-6016-4B92-B2EB-A2727F40E652 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: DBDD5133-6016-4B92-B2EB-A2727F40E652 Vent / Rain Shields, Flange Mounted, Price ($#,###) Vent / Rain Shields, Tape- On, Price ($#,###) Receiver / Hitch Package, Price ($#,###) 30 2022 Mercedes Benz Sprinter Passenger Van 1500 Standard Roof 144" WB (M1PV4G) N/A TAMPA TRUCK CENTER LLC 39,669.00$ 3%240 31 2022 Mercedes Benz Sprinter Passenger Van 2500 Standard Roof 144" WB (M2PV46) 12-Seater N/A TAMPA TRUCK CENTER LLC 44,405.00$ 3%240 32 2022 Mercedes Benz Sprinter Passenger Van 2500 Standard Roof 144" WB (M2PV4X) 12-Seater 4WD N/A TAMPA TRUCK CENTER LLC 52,605.00$ 3%240 33 2022 Mercedes Benz Sprinter Passenger Van 2500 Standard Roof 170" WB (M2PV76) 15-Seater N/A TAMPA TRUCK CENTER LLC 50,154.00$ 3%240 34 2022 Mercedes Benz Sprinter Van 1500 Standard Roof 144" WB (M1CA4G)N/A TAMPA TRUCK CENTER LLC 34,823.00$ 3%240 35 2022 Mercedes Metris Passenger Van 126" WB (MMPV2G)N/A TAMPA TRUCK CENTER LLC 37,298.00$ 3%240 36 2022 Mercedes Metris Van Standard Roof 126" WB (MMCA2G)N/A TAMPA TRUCK CENTER LLC 35,493.00$ 3%240 37 2022 Mercedes Metris Van Standard Roof 135" WB (MMCA3G)N/A TAMPA TRUCK CENTER LLC 35,868.00$ 3%240 71 2022 Mercedes Benz Sprinter Crew 2500 High Roof 170" WB (M2CV46)N/A TAMPA TRUCK CENTER LLC 46,129.00$ 3%240 72 2022 Mercedes Benz Sprinter Crew 2500 Standard Roof 144" WB (M2CV46)N/A TAMPA TRUCK CENTER LLC 41,676.00$ 3%240 73 2022 Mercedes Benz Sprinter Van 2500 High Roof 144" 4WD (M2CV4X)N/A TAMPA TRUCK CENTER LLC 49,876.00$ 3%240 74 2022 Mercedes Benz Sprinter Van 2500 High Roof 144" WB (M2CV4G)N/A TAMPA TRUCK CENTER LLC 38,547.00$ 3%240 75 2022 Mercedes Benz Sprinter Van 2500 High Roof 144" WB (M2PV4G)N/A TAMPA TRUCK CENTER LLC 40,675.00$ 3%240 76 2022 Mercedes Benz Sprinter Van 2500 High Roof 144" WB (M2CAE6)N/A TAMPA TRUCK CENTER LLC 44,494.00$ 3%240 77 2022 Mercedes Benz Sprinter Van 2500 High Roof 170" 4WD (M2CV7X)N/A TAMPA TRUCK CENTER LLC 54,410.00$ 3%240 78 2022 Mercedes Benz Sprinter Van 2500 High Roof 170" Extended 4WD (M2CAEX) N/A TAMPA TRUCK CENTER LLC 52,694.00$ 3%240 Representative Model4 Industry Class: Full Size Passenger Van (8 to 17 Passenger) Freightliner- Mercedes Benz Line Number MOTOR VEHICLES (25100000-21-STC) Exhibit B.3: Price Sheet - Minivans or Vans Commodity Code: 25101505 (MINIVANS OR VANS) Alternate Fuel Capable5 Organization Name6 (AUTOFILLS) Estimated Lead Time in Days (###)10Sub-Group1 Identified Aftermarket Option11 EPA/ Industry Class2 Manufacturer/ Brand3 OEM Options Discount (##%)8 Sub-Group A: VAN, PASSENGER Base Vehicle Price ($##,###.00)7 Industry Class: 3/4 Ton Cargo Van Freightliner- Mercedes Benz Sub-Group B: VAN, CARGO Page 1 of 3 Vent / Rain Shields, Flange Mounted, Price ($#,###) Vent / Rain Shields, Tape- On, Price ($#,###) Receiver / Hitch Package, Price ($#,###) Representative Model4 Industry Class: Full Size Passenger Van (8 to 17 Passenger) Freightliner- Mercedes Benz Line Number MOTOR VEHICLES (25100000-21-STC) Exhibit B.3: Price Sheet - Minivans or Vans Commodity Code: 25101505 (MINIVANS OR VANS) Alternate Fuel Capable5 Organization Name6 (AUTOFILLS) Estimated Lead Time in Days (###)10Sub-Group1 Identified Aftermarket Option11 EPA/ Industry Class2 Manufacturer/ Brand3 OEM Options Discount (##%)8 Sub-Group A: VAN, PASSENGER Base Vehicle Price ($##,###.00)7 79 2022 Mercedes Benz Sprinter Van 2500 High Roof 170" Extended 4WD (MXCAEX) N/A TAMPA TRUCK CENTER LLC 56,153.00$ 3%240 80 2022 Mercedes Benz Sprinter Van 2500 High Roof 170" WB (M2CA7G)N/A TAMPA TRUCK CENTER LLC 39,888.00$ 3%240 81 2022 Mercedes Benz Sprinter Van 2500 High Roof 170" WB (M2CV7G)N/A TAMPA TRUCK CENTER LLC 43,091.00$ 3%240 82 2022 Mercedes Benz Sprinter Van 2500 High Roof 170" WB (M2CA76)N/A TAMPA TRUCK CENTER LLC 42,990.00$ 3%240 83 2022 Mercedes Benz Sprinter Van 2500 Standard Roof 144" WB (M2CA46)N/A TAMPA TRUCK CENTER LLC 38,939.00$ 3%240 84 2022 Mercedes Benz Sprinter Van 2500 Standard Roof 144" WB (M2CA4G)N/A TAMPA TRUCK CENTER LLC 35,754.00$ 3%240 85 2022 Mercedes Benz Sprinter Van 2500 Standard Roof 144" WB (MXCA46)N/A TAMPA TRUCK CENTER LLC 42,479.00$ 3%240 108 2022 Mercedes Benz Sprinter Crew 3500 High Roof 144" WB (M3CV46)N/A TAMPA TRUCK CENTER LLC 43,508.00$ 3%240 109 2022 Mercedes Benz Sprinter Crew 3500 High Roof 170" WB (M3CV76)N/A TAMPA TRUCK CENTER LLC 47,917.00$ 3%240 110 2022 Mercedes Benz Sprinter Crew 3500XD High Roof 144" 4WD (MXCV4X)N/A TAMPA TRUCK CENTER LLC 53,416.00$ 3%240 111 2022 Mercedes Benz Sprinter Crew 3500XD High Roof 144" WB (MXCV46)N/A TAMPA TRUCK CENTER LLC 45,297.00$ 3%240 112 2022 Mercedes Benz Sprinter Crew 3500XD High Roof 170" 4WD (MXCV7X)N/A TAMPA TRUCK CENTER LLC 57,869.00$ 3%240 113 2022 Mercedes Benz Sprinter Crew 3500XD High Roof 170" WB (MXCV76)N/A TAMPA TRUCK CENTER LLC 49,750.00$ 3%240 114 2022 Mercedes Benz Sprinter Van 3500 High Roof 170" WB EXT Supewr Single (M3CAE6) N/A TAMPA TRUCK CENTER LLC 46,392.00$ 3%240 115 2022 Mercedes Benz Sprinter Van 3500 High Roof Super Single 170" (M3CA76)N/A TAMPA TRUCK CENTER LLC 44,859.00$ 3%240 116 2022 Mercedes Benz Sprinter Van 3500 Standard Roof Super Single 144" WB (M3CA46) N/A TAMPA TRUCK CENTER LLC 40,727.00$ 3%240 117 2022 Mercedes Benz Sprinter Van 3500XD High Roof 144" EXT (MXCAE6)N/A TAMPA TRUCK CENTER LLC 47,953.00$ 3%240 Industry Class: One Ton Cargo Van Industry Class: 3/4 Ton Cargo Van Freightliner- Mercedes Benz Sub-Group B: VAN, CARGO Freightliner- Mercedes Benz Page 2 of 3 Vent / Rain Shields, Flange Mounted, Price ($#,###) Vent / Rain Shields, Tape- On, Price ($#,###) Receiver / Hitch Package, Price ($#,###) Representative Model4 Industry Class: Full Size Passenger Van (8 to 17 Passenger) Freightliner- Mercedes Benz Line Number MOTOR VEHICLES (25100000-21-STC) Exhibit B.3: Price Sheet - Minivans or Vans Commodity Code: 25101505 (MINIVANS OR VANS) Alternate Fuel Capable5 Organization Name6 (AUTOFILLS) Estimated Lead Time in Days (###)10Sub-Group1 Identified Aftermarket Option11 EPA/ Industry Class2 Manufacturer/ Brand3 OEM Options Discount (##%)8 Sub-Group A: VAN, PASSENGER Base Vehicle Price ($##,###.00)7 118 2022 Mercedes Benz Sprinter Van 3500XD High Roof 170 4WD (MXCA7X)N/A TAMPA TRUCK CENTER LLC 54,730.00$ 3%240 119 2022 Mercedes Benz Sprinter Van 3500XD High Roof 170" WB (MXCA76)N/A TAMPA TRUCK CENTER LLC 46,611.00$ 3%240 120 2022 Mercedes Benz Sprinter Van 3500XD Standard Roof 144" 4WD (MXCA4X) N/A TAMPA TRUCK CENTER LLC 50,760.00$ 3%240 123 2022 Mercedes Benz Sprinter 4500 High Roof 170" WB (F4CA76)N/A TAMPA TRUCK CENTER LLC 48,063.00$ 3%240 124 2022 Mercedes Benz Sprinter 4500 High Roof 170" WB EXT (M4CAE6)N/A TAMPA TRUCK CENTER LLC 49,486.00$ 3%240 125 2022 Mercedes Benz Sprinter 4500 Standard Roof 144" WB (M4CA46)N/A TAMPA TRUCK CENTER LLC 44,012.00$ 3%240 126 2022 Mercedes Benz Sprinter Cab Chassis 3500XD Standard Roof 144" WB (MXCC46) N/A TAMPA TRUCK CENTER LLC 40,127.00$ 3%240 127 2022 Mercedes Benz Sprinter Cab Chassis 3500XD Standard Roof 170" WB (MXCC76) N/A TAMPA TRUCK CENTER LLC 40,735.00$ 3%240 128 2022 Mercedes Benz Sprinter Cab Chassis 4500 Standard Roof 144" WB (M4CC46) N/A TAMPA TRUCK CENTER LLC 41,746.00$ 3%240 129 2022 Mercedes Benz Sprinter Cab Chassis 4500 Standard Roof 170" WB (M4CC76) N/A TAMPA TRUCK CENTER LLC 42,354.00$ 3%240 130 2022 Mercedes Benz Sprinter Crew 4500 High Roof 144" WB (M4CV46)N/A TAMPA TRUCK CENTER LLC 48,372.00$ 3%240 131 2022 Mercedes Benz Sprinter Crew 4500 High Roof 170" WB (M4CV76)N/A TAMPA TRUCK CENTER LLC 53,007.00$ 3%240 KEY: Industry Class: One Ton and Above Cargo Van Freightliner- Mercedes Benz N/A - Not Available Industry Class: One Ton Cargo Van Sub-Group B: VAN, CARGO Freightliner- Mercedes Benz Page 3 of 3 Manufacturer/ Brand3 Line Number Representative Model4 Alternate Fuel Capable5 Organization Name6 (AUTOFILLS) Base Vehicle Price ($##,###.00)7 OEM Options Discount (##%)8 Estimated Lead Time in Days (###)10 1 2022 Club Car Carryall 510 (LSV)O JEFFREY-ALLEN, INC 15,939.00$ 10%180 2 2022 Club Car Carryall 710 (LSV)O JEFFREY-ALLEN, INC 16,858.00$ 10%180 3 2022 Club Car Current Lithium (LSV)O JEFFREY-ALLEN, INC 38,675.00$ 10%180 4 2022 Club Car Current VRLA (LSV)O JEFFREY-ALLEN, INC 30,475.00$ 10%180 5 2022 Club Car Villager 2+2 (LSV)O JEFFREY-ALLEN, INC 11,722.00$ 10%180 65 2022 Westward Industries GO-4 Interceptor IV EV (Motorcycle/LSV)O JEFFREY-ALLEN, INC 28,762.00$ 0%180 67 2022 Westward Industries GO-4 Interceptor IV SD (Motorcycle/LSV)O JEFFREY-ALLEN, INC 28,200.00$ 0%180 69 2022 Westward Industries GO-4 Interceptor IV XTR (Motorcycle/LSV)O JEFFREY-ALLEN, INC 30,682.00$ 0%180 70 2022 Westward Industries MAX-EV (LSV)O JEFFREY-ALLEN, INC 23,160.00$ 0%180 KEY: N/A - Not Available MOTOR VEHICLES (25100000-21-STC) Exhibit B.6: Price Sheet - Low Speed Vehicles or Neighborhood Electric Vehicles Commodity Code: 25101500 (PASSENGER MOTOR VEHICLES) Sub-Group1 A: LOW SPEED VEHICLE (LSV) OR NEIGHBORHOOD ELECTRIC VEHICLE (NEV) Club Car Westward Industries Page 1 of 1 Adjustable Rear Air Shock Absorbers, Price ($#,###) Vent / Rain Shields, Flange Mounted, Price ($#,###) Vent / Rain Shields, Tape-On, Price ($#,###) Unity Spotlight LED, Price ($#,###) Push Bumper, Sixteen Inches High, Price ($#,###) Anti-Theft Security System, Automatic Activation, Price ($#,###) Alternating Lamp Flashers, Price ($#,###) Auxiliary Dome Light, Price ($#,###) Accessory Outlets Bank, Three (3) Outlets, Price ($#,###) Undercoating of Light Trucks and Sport Utility Vehicles, Price ($#,###) Chevrolet 11 2022 Chevrolet Tahoe 2WD Police Pursuit Vehicle (PPV) (CC10706, 9C1) GARBER CHEVROLET BUICK GMC, INC 34,993.00$ 2%900.00$ 120+169.00$ 169.00$ 596.00$ 696.00$ 296.00$ 196.00$ 146.00$ 146.00$ 15 2022 Chevrolet Tahoe 4WD Police Pursuit Vehicle (PPV) (CK10706, 9C1) GARBER CHEVROLET BUICK GMC, INC 37,866.00$ 2%900.00$ 120+169.00$ 169.00$ 596.00$ 696.00$ 296.00$ 196.00$ 146.00$ 146.00$ 698.00$ 16 2022 Chevrolet Tahoe 4WD Special Service Vehicle (SSV) (CK10706, 5W4) GARBER CHEVROLET BUICK GMC, INC 37,236.00$ 2%900.00$ 120+169.00$ 169.00$ 596.00$ 696.00$ 296.00$ 196.00$ 146.00$ 146.00$ 698.00$ 21 2022 Chevrolet Silverado 1500 2WD Crew Cab Short Box Special Service Vehicle (SSV) (CC18543, 5W4) GARBER CHEVROLET BUICK GMC, INC 28,796.00$ 2%900.00$ 120+169.00$ 169.00$ 596.00$ 696.00$ 296.00$ 196.00$ 146.00$ 146.00$ 22 2022 Chevrolet Silverado 1500 2WD Crew Cab Standard Box Special Service Vehicle (SSV) (CC18743, 5W4) GARBER CHEVROLET BUICK GMC, INC 29,076.00$ 2%900.00$ 120+169.00$ 169.00$ 596.00$ 696.00$ 296.00$ 196.00$ 146.00$ 146.00$ 25 2022 Chevrolet Silverado 1500 4WD Crew Cab Short Box Special Service Vehicle (SSV) (CK18543, 5W4) GARBER CHEVROLET BUICK GMC, INC 31,346.00$ 2%900.00$ 120+169.00$ 169.00$ 596.00$ 696.00$ 296.00$ 196.00$ 146.00$ 146.00$ 698.00$ 26 2022 Chevrolet Silverado 1500 4WD Crew Cab Standard Box Special Service Vehicle (SSV) (CK18743, 5W4) GARBER CHEVROLET BUICK GMC, INC 31,726.00$ 2%900.00$ 120+169.00$ 169.00$ 596.00$ 696.00$ 296.00$ 196.00$ 146.00$ 146.00$ 698.00$ Sub-Group E: POLICE/SPECIAL SERVICE TRUCK, UNDER ONE TON, PICKUP, 2WD Sub-Group F: POLICE/SPECIAL SERVICE TRUCK, UNDER ONE TON, PICKUP, 4WD [INCLUDING ALL WHEEL DRIVE ("AWD")] N/A N/A N/A N/A N/A N/A Chevrolet Chevrolet Sub-Group C: POLICE/SPECIAL SERVICE SPORT UTILITY VEHICLE, 2WD Sub-Group D: POLICE/SPECIAL SERVICE SPORT UTILITY VEHICLE, 4WD [INCLUDING ALL WHEEL DRIVE ("AWD")] Chevrolet Sub-Group1 Manufacturer/ Brand3 Organization Name6 (AUTOFILLS) Line Number Representative Model4 Alternate Fuel Capable5 MOTOR VEHICLES (25100000-21-STC) Exhibit B.1: Price Sheet - Police Vehicles Commodity Code: 25101702 (POLICE VEHICLES) OEM Options Discount (##%)8 Required Aftermarket Option12 Special Paint - FHP, Price ($#,###) Estimated Lead Time in Days (###)10 Identified Aftermarket Option11 Base Vehicle Price ($##,###.00)7 N/A - Not Available KEY: Page 1 of 6 Vent / Rain Shields, Flange Mounted, Price ($#,###) Vent / Rain Shields, Tape- On, Price ($#,###) 12 2022 Chevrolet Malibu 4dr Sdn LS w/ 1FL (1ZC69) GARBER CHEVROLET BUICK GMC, INC 18,306.00$ 2%120+169.00$ 169.00$ 13 2022 Chevrolet Malibu 4dr Sdn LT w/ 1LT (1ZD69) GARBER CHEVROLET BUICK GMC, INC 21,506.00$ 2%120+169.00$ 169.00$ N/A - Not Available Base Vehicle Price ($##,###.00)7 OEM Options Discount (##%)8 EPA/ Industry Class2 Estimated Lead Time in Days (###)10 Organization Name6 (AUTOFILLS) Alternate Fuel Capable5 Representative Model4Line Number EPA Class: Mid-Size Automobile Chevrolet Manufacturer/ Brand3 KEY: Identified Aftermarket Option11 MOTOR VEHICLES (25100000-21-STC) Exhibit B.2: Price Sheet - Automobiles or Cars Commodity Code: 25101503 (AUTOMOBILES OR CARS) Sub-Group1 A: AUTOMOBILE Page 2 of 6 Vent / Rain Shields, Flange Mounted, Price ($#,###) Vent / Rain Shields, Tape- On, Price ($#,###) Receiver / Hitch Package, Price ($#,###) 9 2022 Chevrolet Express Passenger RWD 2500 135" LS (CG23406) GARBER CHEVROLET BUICK GMC, INC 25,596.00$ 2%120+169.00$ 169.00$ $ 596.00 10 2022 Chevrolet Express Passenger RWD 2500 135" LT (CG23406) GARBER CHEVROLET BUICK GMC, INC 27,466.00$ 2%120+169.00$ 169.00$ $ 596.00 11 2022 Chevrolet Express Passenger RWD 3500 135" LS w/1LS (CG33406) GARBER CHEVROLET BUICK GMC, INC 26,296.00$ 2%120+169.00$ 169.00$ 596.00$ 12 2022 Chevrolet Express Passenger RWD 3500 135" LT w/1LT (CG33406) GARBER CHEVROLET BUICK GMC, INC 27,806.00$ 2%120+169.00$ 169.00$ 596.00$ 13 2022 Chevrolet Express Passenger RWD 3500 155" LS w/1LS (CG33706) GARBER CHEVROLET BUICK GMC, INC 27,426.00$ 2%120+169.00$ 169.00$ 596.00$ 14 2022 Chevrolet Express Passenger RWD 3500 155" LT w/1LT (CG33706) GARBER CHEVROLET BUICK GMC, INC 28,936.00$ 2%120+169.00$ 169.00$ 596.00$ 59 2022 Chevrolet Express Cargo Van RWD 2500 135" (CG23405) GARBER CHEVROLET BUICK GMC, INC 21,966.00$ 2%120+169.00$ 169.00$ 596.00$ 60 2022 Chevrolet Express Cargo Van RWD 2500 155" (CG23705) GARBER CHEVROLET BUICK GMC, INC 23,696.00$ 2%120+169.00$ 169.00$ 596.00$ 88 2022 Chevrolet Express Cargo Van RWD 3500 135" (CG33405) GARBER CHEVROLET BUICK GMC, INC 24,396.00$ 2%120+169.00$ 169.00$ 596.00$ 89 2022 Chevrolet Express Cargo Van RWD 3500 155" (CG33705) GARBER CHEVROLET BUICK GMC, INC 25,126.00$ 2%120+169.00$ 169.00$ 596.00$ Representative Model4 KEY: Industry Class: Full Size Passenger Van (8 to 17 Passenger) Chevrolet Identified Aftermarket Option11 EPA/ Industry Class2 Manufacturer/ Brand3 OEM Options Discount (##%)8 Sub-Group A: VAN, PASSENGER N/A - Not Available MOTOR VEHICLES (25100000-21-STC) Exhibit B.3: Price Sheet - Minivans or Vans Commodity Code: 25101505 (MINIVANS OR VANS) Alternate Fuel Capable5 Organization Name6 (AUTOFILLS) Estimated Lead Time in Days (###)10Sub-Group1 Line Number Base Vehicle Price ($##,###.00)7 Industry Class: 3/4 Ton Cargo Van Chevrolet Industry Class: One Ton Cargo Van Chevrolet Sub-Group B: VAN, CARGO Page 3 of 6 Vent / Rain Shields, Flange Mounted, Price ($#,###) Vent / Rain Shields, Tape-On, Price ($#,###) Unity Spotlight LED, Price ($#,###) Receiver / Hitch Package, Price ($#,###) Undercoating of Light Trucks and Sport Utility Vehicles, Price ($#,###) 1 2022 Chevorlet Trailblazer FWD 4dr LS (1TR56) GARBER CHEVROLET BUICK GMC, INC 17,926.00$ 2%120+169.00$ 169.00$ 596.00$ 2 2022 Chevrolet Blazer FWD 4dr LT (1NK26) GARBER CHEVROLET BUICK GMC, INC 27,846.00$ 2%120+169.00$ 169.00$ 596.00$ 4 2022 Chevrolet Equinox FWD 4dr LS w/ 1FL (1XP26) GARBER CHEVROLET BUICK GMC, INC 21,606.00$ 2%120+169.00$ 169.00$ 596.00$ 5 2022 Chevrolet Equinox FWD 4dr LT w/ 2FL (1XR26) GARBER CHEVROLET BUICK GMC, INC 22,826.00$ 2%120+169.00$ 169.00$ 596.00$ 28 2022 Chevrolet Traverse FWD 4dr LS w/ 1FL (1NB56) GARBER CHEVROLET BUICK GMC, INC 25,836.00$ 2%120+169.00$ 169.00$ 596.00$ 29 2022 Chevrolet Traverse FWD 4dr LT w/ 2FL (1NC56) GARBER CHEVROLET BUICK GMC, INC 27,916.00$ 2%120+169.00$ 169.00$ 596.00$ 42 2022 Chevrolet Blazer AWD 4dr LT (1NR26) GARBER CHEVROLET BUICK GMC, INC 30,366.00$ 2%120+169.00$ 169.00$ 596.00$ 698.00$ 43 2022 Chevrolet Equinox AWD 4dr LS w/ 1FL (1XX26) GARBER CHEVROLET BUICK GMC, INC 23,096.00$ 2%120+169.00$ 169.00$ 596.00$ 698.00$ 44 2022 Chevrolet Equinox AWD 4dr LT w/ 2FL (1XY26) GARBER CHEVROLET BUICK GMC, INC 24,316.00$ 2%120+169.00$ 169.00$ 596.00$ 698.00$ 45 2022 Chevrolet Trailblazer AWD 4dr LS (1TV56) GARBER CHEVROLET BUICK GMC, INC 19,816.00$ 2%120+169.00$ 169.00$ 596.00$ 698.00$ 46 2022 Chevrolet Trax AWD 4dr LS (1JR76) GARBER CHEVROLET BUICK GMC, INC 19,996.00$ 2%120+169.00$ 169.00$ 596.00$ 698.00$ 47 2022 Chevrolet Trax AWD 4dr LT (1JS76) GARBER CHEVROLET BUICK GMC, INC 21,776.00$ 2%120+169.00$ 169.00$ 596.00$ 698.00$ 73 2022 Chevrolet Traverse AWD 4dr LS w/ 1FL (1NV56) GARBER CHEVROLET BUICK GMC, INC 27,706.00$ 2%120+169.00$ 169.00$ 596.00$ 698.00$ 74 2022 Chevrolet Traverse AWD 4dr LT w/ 2FL (1NW56) GARBER CHEVROLET BUICK GMC, INC 29,786.00$ 2%120+169.00$ 169.00$ 596.00$ 698.00$ EPA Class: Standard Sport Utility Vehicle, 4WD Chevrolet N/A - Not Available KEY: Sub-Group A: SPORT UTILITY VEHICLE, 2WD EPA Class: Small Sport Utility Vehicle, 2WD Chevrolet Chevrolet N/A N/A Sub-Group B: SPORT UTILITY VEHICLE, 4WD [INCLUDING ALL WHEEL DRIVE ("AWD")] EPA Class: Small Sport Utility Vehicle, 4WD EPA Class: Standard Sport Utility Vehicle, 2WD Chevrolet Identified Aftermarket Option11 Estimated Lead Time in Days (###)10 Manufacturer/ Brand3 Line NumberSub-Group1 Base Vehicle Price ($##,###.00)7 OEM Options Discount (##%)8Representative Model4 Alternate Fuel Capable5 Organization Name6 (AUTOFILLS) EPA/ Industry Class2 MOTOR VEHICLES (25100000-21-STC) Exhibit B.4.1: Price Sheet - Light Trucks or Sport Utility Vehicles (Sport Utility Vehicles) Commodity Code: 25101507 (LIGHT TRUCKS OR SPORT UTILITY VEHICLES) Page 4 of 6 Vent / Rain Shields, Flange Mounted, Price ($#,###) Vent / Rain Shields, Tape- On, Price ($#,###) Unity Spotlight LED, Price ($#,###) Service Body, Compact, Price ($#,###) Service Body, 96 Inch Length, Price ($#,###) Undercoating of Light Trucks and Sport Utility Vehicles, Price ($#,###) 2 2022 Chevrolet Colorado Crew Cab 128.3" 2WD 2WT (12M43) GARBER CHEVROLET BUICK GMC, INC 21,956.00$ 2%120+169.00$ 169.00$ 596.00$ 4 2022 Chevrolet Colorado Crew Cab 140.5" 2WD 2WT (12T43) GARBER CHEVROLET BUICK GMC, INC 24,096.00$ 2%120+169.00$ 169.00$ 596.00$ 6 2022 Chevrolet Colorado Ext Cab 128.3" 2WD 2WT (12M53) GARBER CHEVROLET BUICK GMC, INC 20,836.00$ 2%120+169.00$ 169.00$ 596.00$ 62 2022 Chevrolet Silverado 2500HD 2WD Crew Cab 158.9" w/ 1WT (CC20743) GARBER CHEVROLET BUICK GMC, INC 31,996.00$ 2%120+169.00$ 169.00$ 596.00$ 8,795.00$ 64 2022 Chevrolet Silverado 2500HD 2WD Crew Cab 172" w/ 1WT (CC20943) GARBER CHEVROLET BUICK GMC, INC 32,186.00$ 2%120+169.00$ 169.00$ 596.00$ 7,595.00$ 66 2022 Chevrolet Silverado 2500HD 2WD Double Cab 149.4" w/ 1WT (CC20753) GARBER CHEVROLET BUICK GMC, INC 30,136.00$ 2%120+169.00$ 169.00$ 596.00$ 8,795.00$ 68 2022 Chevrolet Silverado 2500HD 2WD Double Cab 162.5" w/ 1WT (CC20953) GARBER CHEVROLET BUICK GMC, INC 30,316.00$ 2%120+169.00$ 169.00$ 596.00$ 7,595.00$ 70 2022 Chevrolet Silverado 2500HD 2WD Reg Cab 141.6" w/ 1WT (CC20903) GARBER CHEVROLET BUICK GMC, INC 28,996.00$ 2%120+169.00$ 169.00$ 596.00$ 7,595.00$ 84 2022 Chevrolet Colorado Crew Cab 128.3" 4WD 4WT (12M43) GARBER CHEVROLET BUICK GMC, INC 26,096.00$ 2%120+169.00$ 169.00$ 596.00$ 698.00$ 87 2022 Chevrolet Colorado Crew Cab 140.5" 4WD 4WT (12T43) GARBER CHEVROLET BUICK GMC, INC 26,936.00$ 2%120+169.00$ 169.00$ 596.00$ 698.00$ 89 2022 Chevrolet Colorado Ext Cab 128.3" 4WD 4WT (12M53) GARBER CHEVROLET BUICK GMC, INC 23,996.00$ 2%120+169.00$ 169.00$ 596.00$ 698.00$ 145 2022 Chevrolet Silverado 2500HD 4WD Crew Cab 158.9" w/ 1WT (CK20743) GARBER CHEVROLET BUICK GMC, INC 33,986.00$ 2%120+169.00$ 169.00$ 596.00$ 8,795.00$ 698.00$ 147 2022 Chevrolet Silverado 2500HD 4WD Crew Cab 172" w/ 1WT (CK20943) GARBER CHEVROLET BUICK GMC, INC 34,166.00$ 2%120+169.00$ 169.00$ 596.00$ 7,595.00$ 698.00$ 149 2022 Chevrolet Silverado 2500HD 4WD Double Cab 149.4" w/ 1WT (CK20753) GARBER CHEVROLET BUICK GMC, INC 32,116.00$ 2%120+169.00$ 169.00$ 596.00$ 8,795.00$ 698.00$ 151 2022 Chevrolet Silverado 2500HD 4WD Double Cab 162.5" w/ 1WT (CK20953) GARBER CHEVROLET BUICK GMC, INC 32,296.00$ 2%120+169.00$ 169.00$ 596.00$ 7,595.00$ 698.00$ 153 2022 Chevrolet Silverado 2500HD 4WD Reg Cab 141.6" w/ 1WT (CK20903) GARBER CHEVROLET BUICK GMC, INC 30,996.00$ 2%120+169.00$ 169.00$ 596.00$ 7,595.00$ 698.00$ N/A N/A MOTOR VEHICLES (25100000-21-STC) Commodity Code: 25101507 (LIGHT TRUCKS OR SPORT UTILITY VEHICLES) Exhibit B.4.2: Price Sheet - Light Trucks or Sport Utility Vehicles (Trucks Under One Ton) EPA/ Industry Class2 Manufacturer/ Brand3 Line Number Representative Model4 Sub-Group C: TRUCK, UNDER ONE TON, PICKUP, 2WD EPA Class: Compact Pickup Truck, 2WD N/A - Not Available KEY: Identified Aftermarket Option11 Alternate Fuel Capable5 Estimated Lead Time in Days (###)10 Organization Name6 (AUTOFILLS) Base Vehicle Price ($##,###.00)7 OEM Options Discount (##%)8Sub-Group1 Chevrolet Sub-Group D: TRUCK, UNDER ONE TON, PICKUP, 4WD EPA Class: Compact Pickup Truck, 4WD Chevrolet Industry Class: 3/4 Ton Pickup Truck, 4WD Chevrolet Industry Class: 3/4 Ton Pickup Truck, 2WD Chevrolet Page 5 of 6 Vent / Rain Shields, Flange Mounted, Price ($#,###) Vent / Rain Shields, Tape-On, Price ($#,###) Unity Spotlight LED, Price ($#,###) Receiver / Hitch Package, Price ($#,###) Service Body, 96 Inch Length, Price ($#,###) Service Body, 108 Inch Length, Price ($#,###) Service Body, 132 Inch Length, Price ($#,###) Two Cubic Yard HD Dump Body Package (60 CA), Price ($#,###) Two Cubic Yard HD Dump Body Package (84 CA), Price ($#,###) Three Cubic Yard HD Dump Body Package (84 CA), Price ($#,###) Nine Foot Stake Body (60 CA), Price ($#,###) Twelve Foot Stake Body (84 CA), Price ($#,###) Undercoating of Light Trucks and Sport Utility Vehicles, Price ($#,###) 2 2022 Chevrolet Silverado 3500HD 2WD Crew Cab 158.9" w/ 1WT (CC30743)GARBER CHEVROLET BUICK GMC, INC 33,116.00$ 2%120+169.00$ 169.00$ 596.00$ 4 2022 Chevrolet Silverado 3500HD 2WD Crew Cab 172" w/ 1WT (CC30943) GARBER CHEVROLET BUICK GMC, INC 33,296.00$ 2%120+169.00$ 169.00$ 596.00$ 6 2022 Chevrolet Silverado 3500HD 2WD Double Cab 162.5" w/ 1WT (CC30953)GARBER CHEVROLET BUICK GMC, INC 31,426.00$ 2%120+169.00$ 169.00$ 596.00$ 8 2022 Chevrolet Silverado 3500HD 2WD Reg Cab 141.6" w/ 1WT (CC30903) GARBER CHEVROLET BUICK GMC, INC 30,136.00$ 2%120+169.00$ 169.00$ 596.00$ 29 2022 Chevrolet Silverado 3500HD 4WD Crew Cab 158.9" w/ 1WT (CK30743)GARBER CHEVROLET BUICK GMC, INC 35,096.00$ 2%120+169.00$ 169.00$ 596.00$ 698.00$ 31 2022 Chevrolet Silverado 3500HD 4WD Crew Cab 172" w/ 1WT (CK30943) GARBER CHEVROLET BUICK GMC, INC 35,286.00$ 2%120+169.00$ 169.00$ 596.00$ 698.00$ 33 2022 Chevrolet Silverado 3500HD 4WD Double Cab 162.5" w/ 1WT (CK30953)GARBER CHEVROLET BUICK GMC, INC 33,416.00$ 2%120+169.00$ 169.00$ 596.00$ 698.00$ 35 2022 Chevrolet Silverado 3500HD 4WD Reg Cab 141.6" w/ 1WT (CK30903) GARBER CHEVROLET BUICK GMC, INC 32,116.00$ 2%120+169.00$ 169.00$ 596.00$ 698.00$ 56 2022 Chevrolet Silverado 3500HD 2WD Chassis Cab Crew Cab 176.8" WB, 60" CA WT (CC31043) GARBER CHEVROLET BUICK GMC, INC 32,676.00$ 2%120+169.00$ 169.00$ 596.00$ 596.00$ 8,495.00$ 10,495.00$ 6,895.00$ 58 2022 Chevrolet Silverado 3500HD 2WD Chassis Cab Reg Cab 146.3" WB, 60" CA WT (CC31003) GARBER CHEVROLET BUICK GMC, INC 29,096.00$ 2%120+169.00$ 169.00$ 596.00$ 596.00$ 8,495.00$ 10,495.00$ 6,895.00$ 60 2022 Chevrolet Silverado 3500HD 2WD Chassis Cab Reg Cab 170.8" WB, 60" CA WT (CC31403) GARBER CHEVROLET BUICK GMC, INC 29,286.00$ 2%120+169.00$ 169.00$ 596.00$ 596.00$ 8,495.00$ 9,395.00$ 10,495.00$ 10,995.00$ 11,295.00$ 6,895.00$ 7,295.00$ 79 2022 Chevrolet Silverado 3500HD 4WD Chassis Cab Crew Cab 176.8" WB, 60" CA WT (CK31043) GARBER CHEVROLET BUICK GMC, INC 34,646.00$ 2%120+169.00$ 169.00$ 596.00$ 596.00$ 8,495.00$ 10,495.00$ 6,895.00$ 698.00$ 81 2022 Chevrolet Silverado 3500HD 4WD Chassis Cab Reg Cab 146.3" WB, 60" CA WT (CK31003) GARBER CHEVROLET BUICK GMC, INC 31,186.00$ 2%120+169.00$ 169.00$ 596.00$ 596.00$ 8,495.00$ 10,495.00$ 6,895.00$ 698.00$ 83 2022 Chevrolet Silverado 3500HD 4WD Chassis Cab Reg Cab 170.8" WB, 84" CA WT (CK31403) GARBER CHEVROLET BUICK GMC, INC 31,276.00$ 2%120+169.00$ 169.00$ 596.00$ 596.00$ 9,395.00$ 10,995.00$ 11,295.00$ 7,295.00$ 698.00$ N/A N/A N/A N/A NA NA NA N/ANANANANA N/A N/A N/A N/A N/A N/A KEY: N/A - Not Available Line NumberSub-Group1 Manufacturer/ Brand3 Sub-Group H: TRUCK, ONE TON, CHASSIS- CAB, 4WD Chevrolet N/A Chevrolet Sub-Group G: TRUCK, ONE TON, CHASSIS- CAB, 2WD NA Chevrolet Sub-Group F: TRUCK, ONE TON, PICKUP, 4WD MOTOR VEHICLES (25100000-21-STC) Exhibit B.4.3: Price Sheet - Light Trucks or Sport Utility Vehicles (One Ton Trucks) Commodity Code: 25101507 (LIGHT TRUCKS OR SPORT UTILITY VEHICLES) Estimated Lead Time in Days (###)10 Identified Aftermarket Option11 Alternate Fuel Capable5 Organization Name6 (AUTOFILLS) Base Vehicle Price ($##,###.00)7Representative Model4 OEM Options Discount (##%)8 Sub-Group E: TRUCK, ONE TON, PICKUP, 2WD Chevrolet Page 6 of 6 Vent / Rain Shields, Flange Mounted, Price ($#,###) Vent / Rain Shields, Tape- On, Price ($#,###) Nissan 5 2022 Nissan Versa 4dr Sdn 1.6 SV (10112)ALAN JAY NISSAN, INC 15,350.00$ 5%NA 120.00$ 22 2022 Nissan Altima 4dr Sdn I4 2.5 S FWD (13112)ALAN JAY NISSAN, INC 19,392.00$ 5%NA 120.00$ 23 2022 Nissan Altima 4dr Sdn V6 3.5 SV FWD (13312)ALAN JAY NISSAN, INC 20,449.00$ 5%NA 120.00$ 24 2022 Nissan Kicks S FWD (21012)ALAN JAY NISSAN, INC 17,273.00$ 5%NA 120.00$ 25 2022 Nissan Kicks SV FWD (21112)ALAN JAY NISSAN, INC 19,089.00$ 5%NA 120.00$ 26 2022 Nissan Leaf S Hatchback Electric Vehicle (17012)ALAN JAY NISSAN, INC 22,322.00$ 5%NA 120.00$ 27 2022 Nissan Leaf SV Hatchback Electric Vehicle (17112)ALAN JAY NISSAN, INC 23,697.00$ 5%NA 120.00$ 28 2022 Nissan Sentra 4dr Sdn I4 CVT S (12012)ALAN JAY NISSAN, INC 17,508.00$ 5%NA 120.00$ 29 2022 Nissan Sentra 4dr Sdn I4 CVT SV (12112)ALAN JAY NISSAN, INC 18,562.00$ 5%NA 120.00$ 30 2023 Nissan Leaf S Hatchback Electric Vehicle (17212)ALAN JAY NISSAN, INC 27,233.00$ 5%NA 120.00$ 31 2023 Nissan Leaf SV PLUS Hatchback Electric Vehicle (17312)ALAN JAY NISSAN, INC 30,178.00$ 5%NA 120.00$ EPA Class: Mid-Size Automobile Nissan N/A - Not Available Base Vehicle Price ($##,###.00)7 OEM Options Discount (##%)8 EPA/ Industry Class2 Estimated Lead Time in Days (###)10 Organization Name6 (AUTOFILLS) Alternate Fuel Capable5 Representative Model4Line Number Manufacturer/ Brand3 KEY: Identified Aftermarket Option11 EPA Class: Compact Automobile MOTOR VEHICLES (25100000-21-STC) Exhibit B.2: Price Sheet - Automobiles or Cars Commodity Code: 25101503 (AUTOMOBILES OR CARS) Sub-Group1 A: AUTOMOBILE Page 1 of 3 Vent / Rain Shields, Flange Mounted, Price ($#,###) Vent / Rain Shields, Tape-On, Price ($#,###) Unity Spotlight LED, Price ($#,###) Receiver / Hitch Package, Price ($#,###) Undercoating of Light Trucks and Sport Utility Vehicles, Price ($#,###) Nissan 24 2022 Nissan Rogue FWD S (22112)ALAN JAY NISSAN, INC 23,277.00$ 5%NA 120.00$ 40 2022 Nissan Pathfinder 2WD 4dr S (25112)ALAN JAY NISSAN, INC 29,291.00$ 5%NA 120.00$ 41 2022 Nissan Pathfinder 2WD 4dr V6 SV (25312)ALAN JAY NISSAN, INC 31,949.00$ 5%NA 120.00$ 84 2022 Nissan Pathfinder 4WD 4dr V6 S (25012)ALAN JAY NISSAN, INC 30,913.00$ 5%NA 120.00$ 650.00$ 85 2022 Nissan Pathfinder 4WD 4dr V6 SV (25212)ALAN JAY NISSAN, INC 33,570.00$ 5%NA 120.00$ 650.00$ Sub-Group A: SPORT UTILITY VEHICLE, 2WD EPA Class: Small Sport Utility Vehicle, 2WD N/A - Not Available EPA Class: Standard Sport Utility Vehicle, 4WD Nissan KEY: Sub-Group B: SPORT UTILITY VEHICLE, 4WD [INCLUDING ALL WHEEL DRIVE ("AWD")] N/A EPA Class: Standard Sport Utility Vehicle, 2WD N/ANissan Identified Aftermarket Option11 Sub-Group1 EPA/ Industry Class2 Manufacturer/ Brand3 Line Number Representative Model4 Alternate Fuel Capable5 Organization Name6 (AUTOFILLS) Base Vehicle Price ($##,###.00)7 OEM Options Discount (##%)8 Estimated Lead Time in Days (###)10 MOTOR VEHICLES (25100000-21-STC) Exhibit B.4.1: Price Sheet - Light Trucks or Sport Utility Vehicles (Sport Utility Vehicles) Commodity Code: 25101507 (LIGHT TRUCKS OR SPORT UTILITY VEHICLES) Page 2 of 3 Vent / Rain Shields, Flange Mounted, Price ($#,###) Vent / Rain Shields, Tape- On, Price ($#,###) Unity Spotlight LED, Price ($#,###) Service Body, Compact, Price ($#,###) Service Body, 96 Inch Length, Price ($#,###) Undercoating of Light Trucks and Sport Utility Vehicles, Price ($#,###) 13 2022 Nissan Frontier 2WD Crew Cab LWB Auto SV (33112)ALAN JAY NISSAN, INC 30,547.00$ 5%NA 120.00$ 14 2022 Nissan Frontier 2WD Crew Cab SWB Auto S (32112)ALAN JAY NISSAN, INC 25,899.00$ 5%NA 120.00$ 15 2022 Nissan Frontier 2WD Crew Cab SWB Auto SV (32312)ALAN JAY NISSAN, INC 28,668.00$ 5%NA 120.00$ 16 2022 Nissan Frontier 2WD King Cab I4 Auto S (31112)ALAN JAY NISSAN, INC 24,415.00$ 5%NA 120.00$ 17 2022 Nissan Frontier 2WD King Cab I4 Auto SV (31012)ALAN JAY NISSAN, INC 27,580.00$ 5%NA 120.00$ 50 2022 Nissan Titan 4x2 Crew Cab S (38112)ALAN JAY NISSAN, INC 31,931.00$ 5%NA 120.00$ 51 2022 Nissan Titan 4x2 Crew Cab SV (38312)ALAN JAY NISSAN, INC 34,437.00$ 5%NA 120.00$ 52 2022 Nissan Titan 4x2 King Cab S (37112)ALAN JAY NISSAN, INC 29,222.00$ 5%NA 120.00$ 53 2022 Nissan Titan 4x2 King Cab SV (37312)ALAN JAY NISSAN, INC 32,154.00$ 5%NA 120.00$ 96 2022 Nissan Frontier 4WD Crew Cab LWB Auto SV (33212)ALAN JAY NISSAN, INC 33,514.00$ 5%NA 120.00$ 650.00$ 97 2022 Nissan Frontier 4WD Crew Cab SWB Auto S (32012)ALAN JAY NISSAN, INC 28,866.00$ 5%NA 120.00$ 650.00$ 98 2022 Nissan Frontier 4WD Crew Cab SWB Auto SV (32212)ALAN JAY NISSAN, INC 31,635.00$ 5%NA 120.00$ 650.00$ 100 2022 Nissan Frontier 4WD King Cab Auto SV (31212)ALAN JAY NISSAN, INC 30,250.00$ 5%NA 120.00$ 650.00$ 133 2022 Nissan Titan 4x4 Crew Cab S (38012)ALAN JAY NISSAN, INC 35,045.00$ 5%NA 120.00$ 650.00$ 134 2022 Nissan Titan 4x4 Crew Cab SV (38212)ALAN JAY NISSAN, INC 37,483.00$ 5%NA 120.00$ 650.00$ 135 2022 Nissan Titan 4x4 King Cab S (37012)ALAN JAY NISSAN, INC 32,434.00$ 5%NA 120.00$ 650.00$ 136 2022 Nissan Titan 4x4 King Cab SV (37212)ALAN JAY NISSAN, INC 35,305.00$ 5%NA 120.00$ 650.00$ KEY: N/A - Not Available Nissan Sub-Group D: TRUCK, UNDER ONE TON, PICKUP, 4WD EPA Class: Compact Pickup Truck, 4WD Nissan Sub-Group C: TRUCK, UNDER ONE TON, PICKUP, 2WD EPA Class: Compact Pickup Truck, 2WD N/ANissan EPA Class: 1/2 Ton Pickup Truck, 2WD N/A EPA Class: 1/2 Ton Pickup Truck, 4WD Identified Aftermarket Option11 Alternate Fuel Capable5 Nissan Organization Name6 (AUTOFILLS) Base Vehicle Price ($##,###.00)7 OEM Options Discount (##%)8 Estimated Lead Time in Days (###)10Sub-Group1 EPA/ Industry Class2 Manufacturer/ Brand3 Line Number Representative Model4 MOTOR VEHICLES (25100000-21-STC) Exhibit B.4.2: Price Sheet - Light Trucks or Sport Utility Vehicles (Trucks Under One Ton) Commodity Code: 25101507 (LIGHT TRUCKS OR SPORT UTILITY VEHICLES) Page 3 of 3 Adjustable Rear Air Shock Absorbers, Price ($#,###) Vent / Rain Shields, Flange Mounted, Price ($#,###) Vent / Rain Shields, Tape-On, Price ($#,###) Unity Spotlight LED, Price ($#,###) Push Bumper, Sixteen Inches High, Price ($#,###) Anti-Theft Security System, Automatic Activation, Price ($#,###) Alternating Lamp Flashers, Price ($#,###) Auxiliary Dome Light, Price ($#,###) Accessory Outlets Bank, Three (3) Outlets, Price ($#,###) Undercoating of Light Trucks and Sport Utility Vehicles, Price ($#,###) 1 2022 Chevrolet Bolt EUV Special Service Vehicle (SSV) (1FF48, 5W4) ALAN JAY CHEVROLET- CADILLAC, INC 31,220.00$ 5%995.00$ NA 120.00$ 775.00$ 995.00$ 395.00$ 165.00$ 225.00$ 2 2022 Chevrolet Bolt EV Special Service Vehicle (SSV) (1FB48, 5W4) ALAN JAY CHEVROLET- CADILLAC, INC 27,939.00$ 5%995.00$ NA 120.00$ 775.00$ 995.00$ 395.00$ 165.00$ 225.00$ 15 2022 Chevrolet Tahoe 4WD Police Pursuit Vehicle (PPV) (CK10706, 9C1) ALAN JAY CHEVROLET- CADILLAC, INC 37,938.00$ 5%1,295.00$ NA 120.00$ 775.00$ 995.00$ 395.00$ 165.00$ 225.00$ 650.00$ 16 2022 Chevrolet Tahoe 4WD Special Service Vehicle (SSV) (CK10706, 5W4) ALAN JAY CHEVROLET- CADILLAC, INC 37,313.00$ 5%1,295.00$ NA 120.00$ 775.00$ 995.00$ 395.00$ 165.00$ 225.00$ 650.00$ 21 2022 Chevrolet Silverado 1500 2WD Crew Cab Short Box Special Service Vehicle (SSV) (CC18543, 5W4) ALAN JAY CHEVROLET- CADILLAC, INC 28,982.00$ 5%995.00$ NA 120.00$ 775.00$ 995.00$ 395.00$ 165.00$ 225.00$ 22 2022 Chevrolet Silverado 1500 2WD Crew Cab Standard Box Special Service Vehicle (SSV) (CC18743, 5W4) ALAN JAY CHEVROLET- CADILLAC, INC 29,265.00$ 5%995.00$ NA 120.00$ 775.00$ 995.00$ 395.00$ 165.00$ 225.00$ 25 2022 Chevrolet Silverado 1500 4WD Crew Cab Short Box Special Service Vehicle (SSV) (CK18543, 5W4) ALAN JAY CHEVROLET- CADILLAC, INC 31,639.00$ 5%995.00$ NA 120.00$ 775.00$ 995.00$ 395.00$ 165.00$ 225.00$ 650.00$ 26 2022 Chevrolet Silverado 1500 4WD Crew Cab Standard Box Special Service Vehicle (SSV) (CK18743, 5W4) ALAN JAY CHEVROLET- CADILLAC, INC 31,922.00$ 5%995.00$ NA 120.00$ 775.00$ 995.00$ 395.00$ 165.00$ 225.00$ 650.00$ N/A - Not Available KEY: OEM Options Discount (##%)8 Required Aftermarket Option12 Special Paint - FHP, Price ($#,###) Estimated Lead Time in Days (###)10 Identified Aftermarket Option11 Base Vehicle Price ($##,###.00)7 MOTOR VEHICLES (25100000-21-STC) Exhibit B.1: Price Sheet - Police Vehicles Commodity Code: 25101702 (POLICE VEHICLES) Sub-Group1 Manufacturer/ Brand3 Organization Name6 (AUTOFILLS) Line Number Representative Model4 Alternate Fuel Capable5 Sub-Group D: POLICE/SPECIAL SERVICE SPORT UTILITY VEHICLE, 4WD [INCLUDING ALL WHEEL DRIVE ("AWD")] Chevrolet Sub-Group A: POLICE PURSUIT AUTOMOBILE, MARKED Chevrolet Sub-Group E: POLICE/SPECIAL SERVICE TRUCK, UNDER ONE TON, PICKUP, 2WD Sub-Group F: POLICE/SPECIAL SERVICE TRUCK, UNDER ONE TON, PICKUP, 4WD [INCLUDING ALL WHEEL DRIVE ("AWD")] N/A N/A N/A N/A N/A Chevrolet Chevrolet Page 1 of 10 Vent / Rain Shields, Flange Mounted, Price ($#,###) Vent / Rain Shields, Tape- On, Price ($#,###) 1 2022 Chevrolet Bolt EV 1LT (1FB48)ALAN JAY CHEVROLET- CADILLAC, INC 27,493.00$ 5%NA 120.00$ 2 2022 Chevrolet Bolt EV 2LT (1FC48)ALAN JAY CHEVROLET- CADILLAC, INC 30,524.00$ 5%NA 120.00$ Line Number Representative Model4 Alternate Fuel Capable5 Organization Name6 (AUTOFILLS) MOTOR VEHICLES (25100000-21-STC) Exhibit B.2: Price Sheet - Automobiles or Cars Commodity Code: 25101503 (AUTOMOBILES OR CARS) Sub-Group1 A: AUTOMOBILE Base Vehicle Price ($##,###.00)7 OEM Options Discount (##%)8 Estimated Lead Time in Days (###)10 Identified Aftermarket Option11 EPA Class: Compact Automobile Chevrolet EPA/ Industry Class2 Manufacturer/ Brand3 KEY: N/A - Not Available Page 2 of 10 Vent / Rain Shields, Flange Mounted, Price ($#,###) Vent / Rain Shields, Tape- On, Price ($#,###) Receiver / Hitch Package, Price ($#,###) 59 2022 Chevrolet Express Cargo Van RWD 2500 135" (CG23405) ALAN JAY CHEVROLET- CADILLAC, INC 21,864.00$ 5%NA 120.00$ $ 995.00 60 2022 Chevrolet Express Cargo Van RWD 2500 155" (CG23705) ALAN JAY CHEVROLET- CADILLAC, INC 23,605.00$ 5%NA 120.00$ $ 995.00 88 2022 Chevrolet Express Cargo Van RWD 3500 135" (CG33405) ALAN JAY CHEVROLET- CADILLAC, INC 24,300.00$ 5%NA 120.00$ $ 995.00 89 2022 Chevrolet Express Cargo Van RWD 3500 155" (CG33705) ALAN JAY CHEVROLET- CADILLAC, INC 25,034.00$ 5%NA 120.00$ $ 995.00 132 2022 Chevrolet Express 3500 Cutaway 139" WB WT (CG33503) ALAN JAY CHEVROLET- CADILLAC, INC 21,873.00$ 5%NA 120.00$ $ 995.00 133 2022 Chevrolet Express 3500 Cutaway 159" WB WT (CG33803) ALAN JAY CHEVROLET- CADILLAC, INC 22,790.00$ 5%NA 120.00$ $ 995.00 134 2022 Chevrolet Express 3500 Cutaway 177" WB WT (CG33903) ALAN JAY CHEVROLET- CADILLAC, INC 23,248.00$ 5%NA 120.00$ $ 995.00 135 2022 Chevrolet Express 4500 Cutaway 159" WB WT (CG33803, C7I) ALAN JAY CHEVROLET- CADILLAC, INC 24,899.00$ 5%NA 120.00$ $ 995.00 136 2022 Chevrolet Express 4500 Cutaway 177" WB WT (CG33903, C7I) ALAN JAY CHEVROLET- CADILLAC, INC 25,816.00$ 5%NA 120.00$ $ 995.00 MOTOR VEHICLES (25100000-21-STC) Exhibit B.3: Price Sheet - Minivans or Vans Commodity Code: 25101505 (MINIVANS OR VANS) Identified Aftermarket Option11 Sub-Group1 EPA/ Industry Class2 Manufacturer/ Brand3 Line Number Representative Model4 Alternate Fuel Capable5 Organization Name6 (AUTOFILLS) Base Vehicle Price ($##,###.00)7 OEM Options Discount (##%)8 Estimated Lead Time in Days (###)10 Chevrolet Industry Class: 3/4 Ton Cargo Van Chevrolet KEY: N/A - Not Available Sub-Group C: VAN, CUTAWAY, 2WD Industry Class: 3/4 Ton and Above Cutaway Van Chevrolet Sub-Group B: VAN, CARGO Industry Class: One Ton Cargo Van Page 3 of 10 Vent / Rain Shields, Flange Mounted, Price ($#,###) Vent / Rain Shields, Tape-On, Price ($#,###) Unity Spotlight LED, Price ($#,###) Receiver / Hitch Package, Price ($#,###) Undercoating of Light Trucks and Sport Utility Vehicles, Price ($#,###) 1 2022 Chevorlet Trailblazer FWD 4dr LS (1TR56) ALAN JAY CHEVROLET- CADILLAC, INC 18,003.00$ 5%NA 120.00$ 2 2022 Chevrolet Blazer FWD 4dr LT (1NK26) ALAN JAY CHEVROLET- CADILLAC, INC 27,970.00$ 5%NA 120.00$ 3 2022 Chevrolet Bolt EUV LT (1FF48)ALAN JAY CHEVROLET- CADILLAC, INC 30,774.00$ 5%NA 120.00$ 4 2022 Chevrolet Equinox FWD 4dr LS w/ 1FL (1XP26) ALAN JAY CHEVROLET- CADILLAC, INC 21,703.00$ 5%NA 120.00$ 5 2022 Chevrolet Equinox FWD 4dr LT w/ 2FL (1XR26) ALAN JAY CHEVROLET- CADILLAC, INC 22,921.00$ 5%NA 120.00$ 28 2022 Chevrolet Traverse FWD 4dr LS w/ 1FL (1NB56) ALAN JAY CHEVROLET- CADILLAC, INC 26,250.00$ 5%NA 120.00$ 29 2022 Chevrolet Traverse FWD 4dr LT w/ 2FL (1NC56) ALAN JAY CHEVROLET- CADILLAC, INC 28,335.00$ 5%NA 120.00$ 42 2022 Chevrolet Blazer AWD 4dr LT (1NR26) ALAN JAY CHEVROLET- CADILLAC, INC 30,500.00$ 5%NA 120.00$ 650.00$ 43 2022 Chevrolet Equinox AWD 4dr LS w/ 1FL (1XX26) ALAN JAY CHEVROLET- CADILLAC, INC 23,202.00$ 5%NA 120.00$ 650.00$ 44 2022 Chevrolet Equinox AWD 4dr LT w/ 2FL (1XY26) ALAN JAY CHEVROLET- CADILLAC, INC 24,421.00$ 5%NA 120.00$ 650.00$ 45 2022 Chevrolet Trailblazer AWD 4dr LS (1TV56) ALAN JAY CHEVROLET- CADILLAC, INC 19,897.00$ 5%NA 120.00$ 650.00$ 73 2022 Chevrolet Traverse AWD 4dr LS w/ 1FL (1NV56) ALAN JAY CHEVROLET- CADILLAC, INC 28,125.00$ 5%NA 120.00$ 650.00$ 74 2022 Chevrolet Traverse AWD 4dr LT w/ 2FL (1NW56) ALAN JAY CHEVROLET- CADILLAC, INC 30,210.00$ 5%NA 120.00$ 650.00$ MOTOR VEHICLES (25100000-21-STC) Exhibit B.4.1: Price Sheet - Light Trucks or Sport Utility Vehicles (Sport Utility Vehicles) Commodity Code: 25101507 (LIGHT TRUCKS OR SPORT UTILITY VEHICLES) Identified Aftermarket Option11 Sub-Group1 EPA/ Industry Class2 Manufacturer/ Brand3 Line Number Representative Model4 Alternate Fuel Capable5 Organization Name6 (AUTOFILLS) Base Vehicle Price ($##,###.00)7 OEM Options Discount (##%)8 Estimated Lead Time in Days (###)10 EPA Class: Standard Sport Utility Vehicle, 2WD Chevrolet N/A N/A Sub-Group A: SPORT UTILITY VEHICLE, 2WD EPA Class: Small Sport Utility Vehicle, 2WD Chevrolet N/A - Not Available EPA Class: Standard Sport Utility Vehicle, 4WD Chevrolet KEY: Sub-Group B: SPORT UTILITY VEHICLE, 4WD [INCLUDING ALL WHEEL DRIVE ("AWD")] EPA Class: Small Sport Utility Vehicle, 4WD Chevrolet Page 4 of 10 Vent / Rain Shields, Flange Mounted, Price ($#,###) Vent / Rain Shields, Tape- On, Price ($#,###) Unity Spotlight LED, Price ($#,###) Service Body, Compact, Price ($#,###) Service Body, 96 Inch Length, Price ($#,###) Undercoating of Light Trucks and Sport Utility Vehicles, Price ($#,###) 1 2022 Chevrolet Colorado Crew Cab 128.3" 2WD 2LT (12N43) ALAN JAY CHEVROLET- CADILLAC, INC 24,684.00$ 5%NA 120.00$ 2 2022 Chevrolet Colorado Crew Cab 128.3" 2WD 2WT (12M43) ALAN JAY CHEVROLET- CADILLAC, INC 22,248.00$ 5%NA 120.00$ 3 2022 Chevrolet Colorado Crew Cab 140.5" 2WD 2LT (12U43) ALAN JAY CHEVROLET- CADILLAC, INC 26,746.00$ 5%NA 120.00$ 4 2022 Chevrolet Colorado Crew Cab 140.5" 2WD 2WT (12T43) ALAN JAY CHEVROLET- CADILLAC, INC 24,403.00$ 5%NA 120.00$ 5 2022 Chevrolet Colorado Ext Cab 128.3" 2WD 2LT (12N53) ALAN JAY CHEVROLET- CADILLAC, INC 23,216.00$ 5%NA 120.00$ 6 2022 Chevrolet Colorado Ext Cab 128.3" 2WD 2WT (12M53) ALAN JAY CHEVROLET- CADILLAC, INC 21,128.00$ 5%NA 120.00$ 24 2022 Chevrolet Silverado 1500 2WD Crew Cab 147.4" LT w/ 1LT (CC18543) ALAN JAY CHEVROLET- CADILLAC, INC 30,696.00$ 5%NA 120.00$ 775.00$ 25 2022 Chevrolet Silverado 1500 2WD Crew Cab 147.4" w/ 1WT (CC18543) ALAN JAY CHEVROLET- CADILLAC, INC 24,981.00$ 5%NA 120.00$ 775.00$ 26 2022 Chevrolet Silverado 1500 2WD Crew Cab 157" LT w/ 1LT (CC18743) ALAN JAY CHEVROLET- CADILLAC, INC 30,973.00$ 5%NA 120.00$ 775.00$ 8,995.00$ 27 2022 Chevrolet Silverado 1500 2WD Crew Cab 157" w/ 1WT (CC18743) ALAN JAY CHEVROLET- CADILLAC, INC 25,264.00$ 5%NA 120.00$ 775.00$ 8,995.00$ 28 2022 Chevrolet Silverado 1500 2WD Double Cab 147.4" w/ 1WT (CC18753) ALAN JAY CHEVROLET- CADILLAC, INC 22,816.00$ 5%NA 120.00$ 775.00$ 8,995.00$ 29 2022 Chevrolet Silverado 1500 2WD Double Cab LT 147.4" w/ 1LT (CC18753) ALAN JAY CHEVROLET- CADILLAC, INC 28,580.00$ 5%NA 120.00$ 775.00$ 8,995.00$ 31 2022 Chevrolet Silverado 1500 2WD Reg Cab 139.6" w/ 1WT (CC18903) ALAN JAY CHEVROLET- CADILLAC, INC 21,973.00$ 5%NA 120.00$ 775.00$ 8,995.00$ 61 2022 Chevrolet Silverado 2500HD 2WD Crew Cab 158.9" LT w/ 1LT (CC20743) ALAN JAY CHEVROLET- CADILLAC, INC 34,874.00$ 5%NA 120.00$ 775.00$ 8,995.00$ 62 2022 Chevrolet Silverado 2500HD 2WD Crew Cab 158.9" w/ 1WT (CC20743) ALAN JAY CHEVROLET- CADILLAC, INC 31,875.00$ 5%NA 120.00$ 775.00$ 8,995.00$ 63 2022 Chevrolet Silverado 2500HD 2WD Crew Cab 172" LT w/ 1LT (CC20943) ALAN JAY CHEVROLET- CADILLAC, INC 35,058.00$ 5%NA 120.00$ 775.00$ 8,995.00$ 64 2022 Chevrolet Silverado 2500HD 2WD Crew Cab 172" w/ 1WT (CC20943) ALAN JAY CHEVROLET- CADILLAC, INC 32,061.00$ 5%NA 120.00$ 775.00$ 8,995.00$ 65 2022 Chevrolet Silverado 2500HD 2WD Double Cab 149.4" LT w/ 1LT (CC20753) ALAN JAY CHEVROLET- CADILLAC, INC 33,017.00$ 5%NA 120.00$ 775.00$ 8,995.00$ MOTOR VEHICLES (25100000-21-STC) Exhibit B.4.2: Price Sheet - Light Trucks or Sport Utility Vehicles (Trucks Under One Ton) Commodity Code: 25101507 (LIGHT TRUCKS OR SPORT UTILITY VEHICLES) Sub-Group1 EPA/ Industry Class2 Manufacturer/ Brand3 Line Number Representative Model4 Identified Aftermarket Option11 Alternate Fuel Capable5 Organization Name6 (AUTOFILLS) Base Vehicle Price ($##,###.00)7 OEM Options Discount (##%)8 Estimated Lead Time in Days (###)10 Industry Class: 3/4 Ton Pickup Truck, 2WD Chevrolet N/A Sub-Group C: TRUCK, UNDER ONE TON, PICKUP, 2WD EPA Class: Compact Pickup Truck, 2WD Chevrolet N/A EPA Class: 1/2 Ton Pickup Truck, 2WD Chevrolet N/A Page 5 of 10 Vent / Rain Shields, Flange Mounted, Price ($#,###) Vent / Rain Shields, Tape- On, Price ($#,###) Unity Spotlight LED, Price ($#,###) Service Body, Compact, Price ($#,###) Service Body, 96 Inch Length, Price ($#,###) Undercoating of Light Trucks and Sport Utility Vehicles, Price ($#,###) MOTOR VEHICLES (25100000-21-STC) Exhibit B.4.2: Price Sheet - Light Trucks or Sport Utility Vehicles (Trucks Under One Ton) Commodity Code: 25101507 (LIGHT TRUCKS OR SPORT UTILITY VEHICLES) Sub-Group1 EPA/ Industry Class2 Manufacturer/ Brand3 Line Number Representative Model4 Identified Aftermarket Option11 Alternate Fuel Capable5 Organization Name6 (AUTOFILLS) Base Vehicle Price ($##,###.00)7 OEM Options Discount (##%)8 Estimated Lead Time in Days (###)10 Sub-Group C: TRUCK, UNDER ONE TON, PICKUP, 2WD EPA Class: Compact Pickup Truck, 2WD Chevrolet N/A 66 2022 Chevrolet Silverado 2500HD 2WD Double Cab 149.4" w/ 1WT (CC20753) ALAN JAY CHEVROLET- CADILLAC, INC 30,000.00$ 5%NA 120.00$ 775.00$ 8,995.00$ 67 2022 Chevrolet Silverado 2500HD 2WD Double Cab 162.5" LT w/ 1LT (CC20953) ALAN JAY CHEVROLET- CADILLAC, INC 33,201.00$ 5%NA 120.00$ 775.00$ 8,995.00$ 68 2022 Chevrolet Silverado 2500HD 2WD Double Cab 162.5" w/ 1WT (CC20953) ALAN JAY CHEVROLET- CADILLAC, INC 30,186.00$ 5%NA 120.00$ 775.00$ 8,995.00$ 69 2022 Chevrolet Silverado 2500HD 2WD Reg Cab 141.6" LT w/ 1LT (CC20903) ALAN JAY CHEVROLET- CADILLAC, INC 32,295.00$ 5%NA 120.00$ 775.00$ 8,995.00$ 70 2022 Chevrolet Silverado 2500HD 2WD Reg Cab 141.6" w/ 1WT (CC20903) ALAN JAY CHEVROLET- CADILLAC, INC 28,886.00$ 5%NA 120.00$ 775.00$ 8,995.00$ 84 2022 Chevrolet Colorado Crew Cab 128.3" 4WD 4WT (12M43) ALAN JAY CHEVROLET- CADILLAC, INC 26,635.00$ 5%NA 120.00$ 650.00$ 85 2022 Chevrolet Colorado Crew Cab 128.3" 4WD 4LT (12N43) ALAN JAY CHEVROLET- CADILLAC, INC 28,790.00$ 5%NA 120.00$ 650.00$ 86 2022 Chevrolet Colorado Crew Cab 140.5" 4WD 4LT (12U43) ALAN JAY CHEVROLET- CADILLAC, INC 29,120.00$ 5%NA 120.00$ 650.00$ 87 2022 Chevrolet Colorado Crew Cab 140.5" 4WD 4WT (12T43) ALAN JAY CHEVROLET- CADILLAC, INC 26,965.00$ 5%NA 120.00$ 650.00$ 88 2022 Chevrolet Colorado Ext Cab 128.3" 4WD 4LT (12N53) ALAN JAY CHEVROLET- CADILLAC, INC 26,162.00$ 5%NA 120.00$ 650.00$ 89 2022 Chevrolet Colorado Ext Cab 128.3" 4WD 4WT (12M53) ALAN JAY CHEVROLET- CADILLAC, INC 24,301.00$ 5%NA 120.00$ 650.00$ 107 2022 Chevrolet Silverado 1500 4WD Crew Cab 147.4" LT w/ 1LT (CK18543) ALAN JAY CHEVROLET- CADILLAC, INC 32,933.00$ 5%NA 120.00$ 775.00$ 650.00$ 108 2022 Chevrolet Silverado 1500 4WD Crew Cab 147.4" w/ 1WT (CK18543) ALAN JAY CHEVROLET- CADILLAC, INC 27,638.00$ 5%NA 120.00$ 775.00$ 650.00$ 109 2022 Chevrolet Silverado 1500 4WD Crew Cab 157" LT w/ 1LT (CK18743) ALAN JAY CHEVROLET- CADILLAC, INC 33,211.00$ 5%NA 120.00$ 775.00$ 8,995.00$ 650.00$ 110 2022 Chevrolet Silverado 1500 4WD Crew Cab 157" w/ 1WT (CK18743) ALAN JAY CHEVROLET- CADILLAC, INC 27,921.00$ 5%NA 120.00$ 775.00$ 8,995.00$ 650.00$ 111 2022 Chevrolet Silverado 1500 4WD Double Cab 147.4" LT w/ 1LT (CK18753) ALAN JAY CHEVROLET- CADILLAC, INC 30,817.00$ 5%NA 120.00$ 775.00$ 8,995.00$ 650.00$ 112 2022 Chevrolet Silverado 1500 4WD Double Cab 147.4" w/ 1WT (CK18753) ALAN JAY CHEVROLET- CADILLAC, INC 25,473.00$ 5%NA 120.00$ 775.00$ 8,995.00$ 650.00$ 113 2022 Chevrolet Silverado 1500 4WD Reg Cab 139.6" w/ 1WT (CK18903) ALAN JAY CHEVROLET- CADILLAC, INC 25,858.00$ 5%NA 120.00$ 775.00$ 8,995.00$ 650.00$ EPA Class: 1/2 Ton Pickup Truck, 4WD Industry Class: 3/4 Ton Pickup Truck, 2WD Chevrolet N/A Sub-Group C: TRUCK, UNDER ONE TON, PICKUP, 2WD Chevrolet Sub-Group D: TRUCK, UNDER ONE TON, PICKUP, 4WD EPA Class: Compact Pickup Truck, 4WD Chevrolet Page 6 of 10 Vent / Rain Shields, Flange Mounted, Price ($#,###) Vent / Rain Shields, Tape- On, Price ($#,###) Unity Spotlight LED, Price ($#,###) Service Body, Compact, Price ($#,###) Service Body, 96 Inch Length, Price ($#,###) Undercoating of Light Trucks and Sport Utility Vehicles, Price ($#,###) MOTOR VEHICLES (25100000-21-STC) Exhibit B.4.2: Price Sheet - Light Trucks or Sport Utility Vehicles (Trucks Under One Ton) Commodity Code: 25101507 (LIGHT TRUCKS OR SPORT UTILITY VEHICLES) Sub-Group1 EPA/ Industry Class2 Manufacturer/ Brand3 Line Number Representative Model4 Identified Aftermarket Option11 Alternate Fuel Capable5 Organization Name6 (AUTOFILLS) Base Vehicle Price ($##,###.00)7 OEM Options Discount (##%)8 Estimated Lead Time in Days (###)10 Sub-Group C: TRUCK, UNDER ONE TON, PICKUP, 2WD EPA Class: Compact Pickup Truck, 2WD Chevrolet N/A 114 2022 Chevrolet Silverado 1500 4WD Reg Cab 139.6" w/ 1WT (CK18903) ALAN JAY CHEVROLET- CADILLAC, INC 25,858.00$ 5%NA 120.00$ 775.00$ 8,995.00$ 650.00$ 144 2022 Chevrolet Silverado 2500HD 4WD Crew Cab 158.9" LT w/ 1LT (CK20743) ALAN JAY CHEVROLET- CADILLAC, INC 36,838.00$ 5%NA 120.00$ 775.00$ 8,995.00$ 650.00$ 145 2022 Chevrolet Silverado 2500HD 4WD Crew Cab 158.9" w/ 1WT (CK20743) ALAN JAY CHEVROLET- CADILLAC, INC 33,867.00$ 5%NA 120.00$ 775.00$ 8,995.00$ 650.00$ 147 2022 Chevrolet Silverado 2500HD 4WD Crew Cab 172" w/ 1WT (CK20943) ALAN JAY CHEVROLET- CADILLAC, INC 34,053.00$ 5%NA 120.00$ 775.00$ 8,995.00$ 650.00$ 148 2022 Chevrolet Silverado 2500HD 4WD Double Cab 149.4" LT w/ 1LT (CK20753) ALAN JAY CHEVROLET- CADILLAC, INC 34,981.00$ 5%NA 120.00$ 775.00$ 8,995.00$ 650.00$ 149 2022 Chevrolet Silverado 2500HD 4WD Double Cab 149.4" w/ 1WT (CK20753) ALAN JAY CHEVROLET- CADILLAC, INC 31,992.00$ 5%NA 120.00$ 775.00$ 8,995.00$ 650.00$ 150 2022 Chevrolet Silverado 2500HD 4WD Double Cab 162.5" LT w/ 1LT (CK20953) ALAN JAY CHEVROLET- CADILLAC, INC 35,165.00$ 5%NA 120.00$ 775.00$ 8,995.00$ 650.00$ 151 2022 Chevrolet Silverado 2500HD 4WD Double Cab 162.5" w/ 1WT (CK20953) ALAN JAY CHEVROLET- CADILLAC, INC 32,178.00$ 5%NA 120.00$ 775.00$ 8,995.00$ 650.00$ 152 2022 Chevrolet Silverado 2500HD 4WD Reg Cab 141.6" LT w/ 1LT (CK20903) ALAN JAY CHEVROLET- CADILLAC, INC 34,249.00$ 5%NA 120.00$ 775.00$ 8,995.00$ 650.00$ 153 2022 Chevrolet Silverado 2500HD 4WD Reg Cab 141.6" w/ 1WT (CK20903) ALAN JAY CHEVROLET- CADILLAC, INC 30,878.00$ 5%NA 120.00$ 775.00$ 8,995.00$ 650.00$ EPA Class: 1/2 Ton Pickup Truck, 4WD KEY: N/A - Not Available Chevrolet Industry Class: 3/4 Ton Pickup Truck, 4WD Chevrolet Sub-Group D: TRUCK, UNDER ONE TON, PICKUP, 4WD Page 7 of 10 Vent / Rain Shields, Flange Mounted, Price ($#,###) Vent / Rain Shields, Tape-On, Price ($#,###) Unity Spotlight LED, Price ($#,###) Receiver / Hitch Package, Price ($#,###) Service Body, 96 Inch Length, Price ($#,###) Service Body, 108 Inch Length, Price ($#,###) Service Body, 132 Inch Length, Price ($#,###) Two Cubic Yard HD Dump Body Package (60 CA), Price ($#,###) Two Cubic Yard HD Dump Body Package (84 CA), Price ($#,###) Three Cubic Yard HD Dump Body Package (84 CA), Price ($#,###) Nine Foot Stake Body (60 CA), Price ($#,###) Twelve Foot Stake Body (84 CA), Price ($#,###) Undercoating of Light Trucks and Sport Utility Vehicles, Price ($#,###) 1 2022 Chevrolet Silverado 3500HD 2WD Crew Cab 158.9" LT w/ 1LT (CC30743)ALAN JAY CHEVROLET-CADILLAC, INC 35,976.00$ 5%NA 120.00$ 775.00$ 2 2022 Chevrolet Silverado 3500HD 2WD Crew Cab 158.9" w/ 1WT (CC30743) ALAN JAY CHEVROLET- CADILLAC, INC 32,990.00$ 5%NA 120.00$ 775.00$ 3 2022 Chevrolet Silverado 3500HD 2WD Crew Cab 172" LT w/ 1LT (CC30943)ALAN JAY CHEVROLET-CADILLAC, INC 36,160.00$ 5%NA 120.00$ 775.00$ 4 2022 Chevrolet Silverado 3500HD 2WD Crew Cab 172" w/ 1WT (CC30943) ALAN JAY CHEVROLET- CADILLAC, INC 33,175.00$ 5%NA 120.00$ 775.00$ 5 2022 Chevrolet Silverado 3500HD 2WD Double Cab 162.5" LT w/ 1LT (CC30953)ALAN JAY CHEVROLET-CADILLAC, INC 34,303.00$ 5%NA 120.00$ 775.00$ 6 2022 Chevrolet Silverado 3500HD 2WD Double Cab 162.5" w/ 1WT (CC30953) ALAN JAY CHEVROLET- CADILLAC, INC 31,300.00$ 5%NA 120.00$ 775.00$ 7 2022 Chevrolet Silverado 3500HD 2WD Reg Cab 141.6" LT w/ 1LT (CC30903)ALAN JAY CHEVROLET-CADILLAC, INC 33,398.00$ 5%NA 120.00$ 775.00$ 8 2022 Chevrolet Silverado 3500HD 2WD Reg Cab 141.6" w/ 1WT (CC30903) ALAN JAY CHEVROLET- CADILLAC, INC 30,001.00$ 5%NA 120.00$ 775.00$ 28 2022 Chevrolet Silverado 3500HD 4WD Crew Cab 158.9" LT w/ 1LT (CK30743)ALAN JAY CHEVROLET-CADILLAC, INC 37,941.00$ 5%NA 120.00$ 775.00$ 29 2022 Chevrolet Silverado 3500HD 4WD Crew Cab 158.9" w/ 1WT (CK30743) ALAN JAY CHEVROLET- CADILLAC, INC 34,982.00$ 5%NA 120.00$ 775.00$ 30 2022 Chevrolet Silverado 3500HD 4WD Crew Cab 172" LT w/ 1LT (CK30943)ALAN JAY CHEVROLET-CADILLAC, INC 38,124.00$ 5%NA 120.00$ 775.00$ 31 2022 Chevrolet Silverado 3500HD 4WD Crew Cab 172" w/ 1WT (CK30943) ALAN JAY CHEVROLET- CADILLAC, INC 35,168.00$ 5%NA 120.00$ 775.00$ 32 2022 Chevrolet Silverado 3500HD 4WD Double Cab 162.5" LT w/ 1LT (CK30953)ALAN JAY CHEVROLET-CADILLAC, INC 36,268.00$ 5%NA 120.00$ 775.00$ 33 2022 Chevrolet Silverado 3500HD 4WD Double Cab 162.5" w/ 1WT (CK30953) ALAN JAY CHEVROLET- CADILLAC, INC 33,293.00$ 5%NA 120.00$ 775.00$ 34 2022 Chevrolet Silverado 3500HD 4WD Reg Cab 141.6" LT w/ 1LT (CK30903 ALAN JAY CHEVROLET-CADILLAC, INC 35,362.00$ 5%NA 120.00$ 775.00$ 35 2022 Chevrolet Silverado 3500HD 4WD Reg Cab 141.6" w/ 1WT (CK30903) ALAN JAY CHEVROLET- CADILLAC, INC 31,993.00$ 5%NA 120.00$ 775.00$ 55 2022 Chevrolet Silverado 3500HD 2WD Chassis Cab Crew Cab 176.8" WB, 60" CA LT (CC31043) ALAN JAY CHEVROLET- CADILLAC, INC 35,546.00$ 5%NA 120.00$ 775.00$ 995.00$ 10,605.00$ 14,045.00$ 7,700.00$ 56 2022 Chevrolet Silverado 3500HD 2WD Chassis Cab Crew Cab 176.8" WB, 60" CA WT (CC31043) ALAN JAY CHEVROLET-CADILLAC, INC 32,643.00$ 5%NA 120.00$ 775.00$ 995.00$ 10,605.00$ 14,045.00$ 7,700.00$ 57 2022 Chevrolet Silverado 3500HD 2WD Chassis Cab Reg Cab 146.3" WB, 60" CA LT (CC31003) ALAN JAY CHEVROLET- CADILLAC, INC 32,377.00$ 5%NA 120.00$ 775.00$ 995.00$ 10,605.00$ 14,045.00$ 7,700.00$ 58 2022 Chevrolet Silverado 3500HD 2WD Chassis Cab Reg Cab 146.3" WB, 60" CA WT (CC31003) ALAN JAY CHEVROLET- CADILLAC, INC 29,063.00$ 5%NA 120.00$ 775.00$ 995.00$ 10,605.00$ 14,045.00$ 7,700.00$ 59 2022 Chevrolet Silverado 3500HD 2WD Chassis Cab Reg Cab 170.8" WB, 60" CA LT (CC31403) ALAN JAY CHEVROLET- CADILLAC, INC 32,561.00$ 5%NA 120.00$ 775.00$ 995.00$ 10,605.00$ 14,045.00$ 7,700.00$ 60 2022 Chevrolet Silverado 3500HD 2WD Chassis Cab Reg Cab 170.8" WB, 60" CA WT (CC31403) ALAN JAY CHEVROLET-CADILLAC, INC 29,249.00$ 5%NA 120.00$ 775.00$ 995.00$ 10,605.00$ 14,045.00$ 7,700.00$ 78 2022 Chevrolet Silverado 3500HD 4WD Chassis Cab Crew Cab 176.8" WB, 60" CA LT (CK31043) ALAN JAY CHEVROLET- CADILLAC, INC 37,510.00$ 5%NA 120.00$ 775.00$ 995.00$ 10,605.00$ 14,045.00$ 7,700.00$ 650.00$ 79 2022 Chevrolet Silverado 3500HD 4WD Chassis Cab Crew Cab 176.8" WB, 60" CA WT (CK31043) ALAN JAY CHEVROLET- CADILLAC, INC 34,636.00$ 5%NA 120.00$ 775.00$ 995.00$ 10,605.00$ 14,045.00$ 7,700.00$ 650.00$ 80 2022 Chevrolet Silverado 3500HD 4WD Chassis Cab Reg Cab 146.3" WB, 60" CA LT (CK31003) ALAN JAY CHEVROLET-CADILLAC, INC 34,342.00$ 5%NA 120.00$ 775.00$ 995.00$ 10,605.00$ 14,045.00$ 7,700.00$ 650.00$ 81 2022 Chevrolet Silverado 3500HD 4WD Chassis Cab Reg Cab 146.3" WB, 60" CA WT (CK31003) ALAN JAY CHEVROLET- CADILLAC, INC 31,056.00$ 5%NA 120.00$ 775.00$ 995.00$ 10,605.00$ 14,045.00$ 7,700.00$ 650.00$ 82 2022 Chevrolet Silverado 3500HD 4WD Chassis Cab Reg Cab 170.8" WB, 84" CA LT (CK31403) ALAN JAY CHEVROLET- CADILLAC, INC 34,525.00$ 5%NA 120.00$ 775.00$ 995.00$ 12,435.00$ 14,630.00$ 15,030.00$ 10,435.00$ 650.00$ 83 2022 Chevrolet Silverado 3500HD 4WD Chassis Cab Reg Cab 170.8" WB, 84" CA WT (CK31403) ALAN JAY CHEVROLET-CADILLAC, INC 31,242.00$ 5%NA 120.00$ 775.00$ 995.00$ 12,435.00$ 14,630.00$ 15,030.00$ 10,435.00$ 650.00$ Sub-Group1 Manufacturer/ Brand3 Line Number Representative Model4 Alternate Fuel Capable5 MOTOR VEHICLES (25100000-21-STC) Exhibit B.4.3: Price Sheet - Light Trucks or Sport Utility Vehicles (One Ton Trucks) Commodity Code: 25101507 (LIGHT TRUCKS OR SPORT UTILITY VEHICLES) Estimated Lead Time in Days (###)10 Identified Aftermarket Option11 N/AN/A N/A N/AChevroletN/A N/A N/A Organization Name6 (AUTOFILLS) Base Vehicle Price ($##,###.00)7 OEM Options Discount (##%)8 N/A N/A N/A NA Sub-Group F: TRUCK, ONE TON, PICKUP, 4WD Chevrolet NA NA NA Sub-Group E: TRUCK, ONE TON, PICKUP, 2WD NA NA N/ANANA KEY:N/A - Not Available Sub-Group G: TRUCK, ONE TON, CHASSIS-CAB, 2WD Chevrolet N/A Sub-Group H: TRUCK, ONE TON, CHASSIS- CAB, 4WD Chevrolet Page 8 of 10 Vent / Rain Shields, Flange Mounted, Price ($#,###) Vent / Rain Shields, Tape- On, Price ($#,###) Receiver / Hitch Package, Price ($#,###) Service Body, 108 Inch Length, Price ($#,###) Service Body, 132 Inch Length, Price ($#,###) Two Cubic Yard HD Dump Body Package (60 CA), Price ($#,###) Two Cubic Yard HD Dump Body Package (84 CA), Price ($#,###) Three Cubic Yard HD Dump Body Package (84 CA), Price ($#,###) Nine Foot Stake Body (60 CA), Price ($#,###) Twelve Foot Stake Body (84 CA), Price ($#,###) Undercoating of Light Trucks and Sport Utility Vehicles, Price ($#,###) 5 2022 Chevrolet 3500 LCF Gas Reg Cab 150" WB (CP13003) ALAN JAY CHEVROLET- CADILLAC, INC 36,165.00$ 5%NA 120.00$ 995.00$ 40 2022 Chevrolet Silverado 4500 HD Medium Duty 2WD Crew Cab LT 175" WB, 60" CA (CC56043, R7M, 1LT) ALAN JAY CHEVROLET- CADILLAC, INC 52,527.00$ 5%NA 120.00$ 995.00$ 10,605.00$ 12,435.00$ 14,045.00$ 14,630.00$ 15,030.00$ 7,700.00$ 10,435.00$ 41 2022 Chevrolet Silverado 4500 HD Medium Duty 2WD Crew Cab WT 175" WB, 60" CA (CC56043, R7M, 1WT) ALAN JAY CHEVROLET- CADILLAC, INC 47,568.00$ 5%NA 120.00$ 995.00$ 10,605.00$ 12,435.00$ 14,045.00$ 14,630.00$ 15,030.00$ 7,700.00$ 10,435.00$ 42 2022 Chevrolet Silverado 4500 HD Medium Duty 2WD Reg Cab LT 141" WB, 60" CA (CC56403, R7M, 1LT) ALAN JAY CHEVROLET- CADILLAC, INC 48,077.00$ 5%NA 120.00$ 995.00$ 10,605.00$ 12,435.00$ 14,045.00$ 14,630.00$ 15,030.00$ 7,700.00$ 10,435.00$ 43 2022 Chevrolet Silverado 4500 HD Medium Duty 2WD Reg Cab WT 141" WB, 60" CA (CC56403, R7M, 1WT) ALAN JAY CHEVROLET-CADILLAC, INC 44,231.00$ 5%NA 120.00$ 995.00$ 10,605.00$ 12,435.00$ 14,045.00$ 14,630.00$ 15,030.00$ 7,700.00$ 10,435.00$ 44 2022 Chevrolet Silverado 5500 HD Medium Duty 2WD Crew Cab LT 175" WB, 60" CA (CC56043, R7N, 1LT) ALAN JAY CHEVROLET- CADILLAC, INC 50,973.00$ 5%NA 120.00$ 995.00$ 10,605.00$ 12,435.00$ 14,045.00$ 14,630.00$ 15,030.00$ 7,700.00$ 10,435.00$ 45 2022 Chevrolet Silverado 5500 HD Medium Duty 2WD Crew Cab WT 175" WB, 60" CA (CC56043, R7N, 1WT) ALAN JAY CHEVROLET- CADILLAC, INC 46,014.00$ 5%NA 120.00$ 995.00$ 10,605.00$ 12,435.00$ 14,045.00$ 14,630.00$ 15,030.00$ 7,700.00$ 10,435.00$ 46 2022 Chevrolet Silverado 5500 HD Medium Duty 2WD Reg Cab LT 141" WB, 60" CA (CC56403, R7N, 1LT) ALAN JAY CHEVROLET- CADILLAC, INC 46,524.00$ 5%NA 120.00$ 995.00$ 10,605.00$ 12,435.00$ 14,045.00$ 14,630.00$ 15,030.00$ 7,700.00$ 10,435.00$ 47 2022 Chevrolet Silverado 5500 HD Medium Duty 2WD Reg Cab WT 141" WB, 60" CA (CC56403, R7N, 1WT) ALAN JAY CHEVROLET- CADILLAC, INC 42,677.00$ 5%NA 120.00$ 995.00$ 10,605.00$ 12,435.00$ 14,045.00$ 14,630.00$ 15,030.00$ 7,700.00$ 10,435.00$ 48 2022 Chevrolet Silverado 6500 HD Medium Duty 2WD Crew Cab LT 175" WB, 60" CA (CC56043, R7P, 1LT) ALAN JAY CHEVROLET- CADILLAC, INC 54,568.00$ 5%NA 120.00$ 995.00$ 10,605.00$ 12,435.00$ 14,045.00$ 14,630.00$ 15,030.00$ 7,700.00$ 10,435.00$ 49 2022 Chevrolet Silverado 6500 HD Medium Duty 2WD Crew Cab WT 175" WB, 60" CA (CC56043, R7P, 1WT) ALAN JAY CHEVROLET-CADILLAC, INC 49,609.00$ 5%NA 120.00$ 995.00$ 10,605.00$ 12,435.00$ 14,045.00$ 14,630.00$ 15,030.00$ 7,700.00$ 10,435.00$ 50 2022 Chevrolet Silverado 6500 HD Medium Duty 2WD Reg Cab LT 141" WB, 60" CA (CC56403, R7P, 1LT) ALAN JAY CHEVROLET- CADILLAC, INC 50,119.00$ 5%NA 120.00$ 995.00$ 10,605.00$ 12,435.00$ 14,045.00$ 14,630.00$ 15,030.00$ 7,700.00$ 10,435.00$ 51 2022 Chevrolet Silverado 6500 HD Medium Duty 2WD Reg Cab WT 141" WB, 60" CA (CC56403, R7P, 1WT) ALAN JAY CHEVROLET- CADILLAC, INC 46,272.00$ 5%NA 120.00$ 995.00$ 10,605.00$ 12,435.00$ 14,045.00$ 14,630.00$ 15,030.00$ 7,700.00$ 10,435.00$ 96 2022 Chevrolet Silverado 4500 HD Medium Duty 4WD Crew Cab LT 175" WB, 60" CA (CK56043, R7M, 1LT) ALAN JAY CHEVROLET- CADILLAC, INC 56,278.00$ 5%NA 120.00$ 995.00$ 10,605.00$ 12,435.00$ 14,045.00$ 14,630.00$ 15,030.00$ 7,700.00$ 10,435.00$ 650.00$ 97 2022 Chevrolet Silverado 4500 HD Medium Duty 4WD Crew Cab WT 175" WB, 60" CA (CK56043, R7M, 1WT) ALAN JAY CHEVROLET-CADILLAC, INC 51,133.00$ 5%NA 120.00$ 995.00$ 10,605.00$ 12,435.00$ 14,045.00$ 14,630.00$ 15,030.00$ 7,700.00$ 10,435.00$ 650.00$ 98 2022 Chevrolet Silverado 4500 HD Medium Duty 4WD Reg Cab LT 165" WB, 84" CA (CK56403, R7M, 1LT) ALAN JAY CHEVROLET- CADILLAC, INC 51,179.00$ 5%NA 120.00$ 995.00$ 12,435.00$ 14,630.00$ 15,030.00$ 10,435.00$ 650.00$ Organization Name6 (AUTOFILLS) MOTOR VEHICLES (25100000-21-STC) Exhibit B.5: Price Sheet - Product and Material Transport Vehicles Commodity Code: 25101600 (PRODUCT AND MATERIAL TRANSPORT VEHICLES) Base Vehicle Price ($##,###.00)7 OEM Options Discount8 (##%) Estimated Lead Time in Days10 (###) Identified Aftermarket Option11 Sub-Group A: TRUCK, GREATER THAN ONE TON AND LESS THAN TWO TONS, CHASSIS- CAB, 2WD Chevrolet N/A Sub-Group1 Manufacturer/ Brand3 Line Number Representative Model4 Alternate Fuel Capable5 Sub-Group B: TRUCK, GREATER THAN ONE TON AND LESS THAN TWO TONS, CHASSIS- CAB, 4WD Chevrolet Page 9 of 10 Vent / Rain Shields, Flange Mounted, Price ($#,###) Vent / Rain Shields, Tape- On, Price ($#,###) Receiver / Hitch Package, Price ($#,###) Service Body, 108 Inch Length, Price ($#,###) Service Body, 132 Inch Length, Price ($#,###) Two Cubic Yard HD Dump Body Package (60 CA), Price ($#,###) Two Cubic Yard HD Dump Body Package (84 CA), Price ($#,###) Three Cubic Yard HD Dump Body Package (84 CA), Price ($#,###) Nine Foot Stake Body (60 CA), Price ($#,###) Twelve Foot Stake Body (84 CA), Price ($#,###) Undercoating of Light Trucks and Sport Utility Vehicles, Price ($#,###) Organization Name6 (AUTOFILLS) MOTOR VEHICLES (25100000-21-STC) Exhibit B.5: Price Sheet - Product and Material Transport Vehicles Commodity Code: 25101600 (PRODUCT AND MATERIAL TRANSPORT VEHICLES) Base Vehicle Price ($##,###.00)7 OEM Options Discount8 (##%) Estimated Lead Time in Days10 (###) Identified Aftermarket Option11 Sub-Group A: TRUCK, GREATER THAN ONE TON AND LESS THAN TWO TONS, CHASSIS- CAB, 2WD Chevrolet N/A Sub-Group1 Manufacturer/ Brand3 Line Number Representative Model4 Alternate Fuel Capable5 99 2022 Chevrolet Silverado 4500 HD Medium Duty 4WD Reg Cab WT 165" WB, 84" CA (CK56403, R7M, 1WT) ALAN JAY CHEVROLET- CADILLAC, INC 47,147.00$ 5%NA 120.00$ 995.00$ 12,435.00$ 14,630.00$ 15,030.00$ 10,435.00$ 650.00$ 100 2022 Chevrolet Silverado 5500 HD Medium Duty 4WD Crew Cab LT 175" WB, 60" CA (CK56043, R7N, 1LT) ALAN JAY CHEVROLET- CADILLAC, INC 54,724.00$ 5%NA 120.00$ 995.00$ 10,605.00$ 12,435.00$ 14,045.00$ 14,630.00$ 15,030.00$ 7,700.00$ 10,435.00$ 650.00$ 101 2022 Chevrolet Silverado 5500 HD Medium Duty 4WD Crew Cab WT 175" WB, 60" CA (CK56043, R7N, 1WT) ALAN JAY CHEVROLET- CADILLAC, INC 49,579.00$ 5%NA 120.00$ 995.00$ 10,605.00$ 12,435.00$ 14,045.00$ 14,630.00$ 15,030.00$ 7,700.00$ 10,435.00$ 650.00$ 102 2022 Chevrolet Silverado 5500 HD Medium Duty 4WD Reg Cab LT 165" WB, 84" CA (CK56403, R7N, 1LT) ALAN JAY CHEVROLET-CADILLAC, INC 49,626.00$ 5%NA 120.00$ 995.00$ 12,435.00$ 14,630.00$ 15,030.00$ 10,435.00$ 650.00$ 103 2022 Chevrolet Silverado 5500 HD Medium Duty 4WD Reg Cab WT 165" WB, 84" CA (CK56403, R7N, 1WT) ALAN JAY CHEVROLET-CADILLAC, INC 45,594.00$ 5%NA 120.00$ 995.00$ 12,435.00$ 14,630.00$ 15,030.00$ 10,435.00$ 650.00$ 104 2022 Chevrolet Silverado 6500 HD Medium Duty 4WD Crew Cab LT 175" WB, 60" CA (CK56043, R7P, 1LT) ALAN JAY CHEVROLET- CADILLAC, INC 57,784.00$ 5%NA 120.00$ 995.00$ 10,605.00$ 12,435.00$ 14,045.00$ 14,630.00$ 15,030.00$ 7,700.00$ 10,435.00$ 650.00$ 105 2022 Chevrolet Silverado 6500 HD Medium Duty 4WD Crew Cab WT 175" WB, 60" CA (CK56043, R7P, 1WT) ALAN JAY CHEVROLET- CADILLAC, INC 52,639.00$ 5%NA 120.00$ 995.00$ 10,605.00$ 12,435.00$ 14,045.00$ 14,630.00$ 15,030.00$ 7,700.00$ 10,435.00$ 650.00$ 106 2022 Chevrolet Silverado 6500 HD Medium Duty 4WD Reg Cab LT 165" WB, 84" CA (CK56403, R7P, 1LT) ALAN JAY CHEVROLET- CADILLAC, INC 52,686.00$ 5%NA 120.00$ 995.00$ 12,435.00$ 14,630.00$ 15,030.00$ 10,435.00$ 650.00$ 107 2022 Chevrolet Silverado 6500 HD Medium Duty 4WD Reg Cab WT 165" WB, 84" CA (CK56403, R7P, 1WT) ALAN JAY CHEVROLET- CADILLAC, INC 48,653.00$ 5%NA 120.00$ 995.00$ 12,435.00$ 14,630.00$ 15,030.00$ 10,435.00$ 650.00$ N/A - Not Available Sub-Group B: TRUCK, GREATER THAN ONE TON AND LESS THAN TWO TONS, CHASSIS- CAB, 4WD Chevrolet KEY: Page 10 of 10 PRICE SUMMARY PAGE SOURCEWELL RFP # 060920 National Auto Fleet Group RFP # 060920 price's utilize a percentage off MSRP/List Pricing offered are MINIMUM DISCOUNTS ranging over 11 manufactures from 2% through 42.66% including all Factory Options MSRP will updated annually MSRP is controlled and updated by the manufacture from time to time, a percentage off MSRP is utilzed to show MINIMUM DISCOUNT Each Manufacture Range is detailed in the tabs below, here is an overview Ford Motor Company from 2.75% to 18.86% RAM FCA Company from 6.18% to 13.95% Chevrolet from 5.73% to 21.39% HINO from 14.36% to 19.24% ISUZU from 9.98% to 15.57% International from 2.01% to 39.33% Volvo from 23.79% to 24.19% Freightliner/ Western Star from 34.17% to 42.90% MACK from 16.97% to 31.95% Kenworth from 28.11 to 39.31% Peterbilt from 21.09% to 42.66% All pricing is subject to OEM surchagres in effect All Models Offered can be upfitted by our Upfitter's or a Members Upfitter of choice Pricing Can be Obtained using two methods: 1. Online ordering process using www.NationalAutoFleetgroup.com Pricing varies from State to State, our online quoting tool is recommended for accuracy Our site will hold most pricing for current and future model years 2. Member's can call NAFG at 1-855-289-6572 Factory Options: All factory options can be added at the same discount rate Subsequently Optional Equipment: Additional Keys $ 300 each (2 come standard per vehicle) Service Manuals: $ 400 Each if desired Extended Warranty (Ford, Chevrolet and Ram Only) 5 year/60 Months, 100,000 Mile, $ 00.00 Deductible = $ 2,500 All other Warranty coverages will need to be quoted separately as an factory option Upfits and Accessories: All Upfitting can be added, see sperate tab "Upfits" Upfitters must be Qualified by NAFG to upfit any vehicle Payment Discount Option on Class 6, 7 and 8 Chassis: A $ 500 credit can be earned by a Member if NAFG is allowed to invoice and collect payment from a Member when there Chassis arrives at an installer for upfitting. Factory Destination Charge: NAFG does not control the manufacturer destination charge they add to every vehicle Destination Charge by the factory is merly to have the unit shipped the first time to the dealer it does not include subsequent shipping to or from an upfitter Alaska and Hawaii Special Shipping Cost will be passed on at cost Credit Card Payment: Accepted at a MAXIMUM per vehicle of $ 2,500 All Credit Card Payments over $ 2,500 are subject to additional fees which can be passed on Not Included in Pricing: Pretaining to Dealer Partners: Hino, Isuzu, International, Volvo, Frightliner, Western Star, Mack, Kenworth and Peterbilt Charges not included but can be at the local level for a dealer: Standard Store Charge/Pack No more than $ 2,000 Local's Wash, Prep and Detail No More than $ 600 If applicable Flooring Charges $ 15 / Day NewManufacturer/ Models: As Manufacturers and New Models become available, NAFG will work with Sourcewell to add them to our contract. Out of Stock Fee: Dealers may charge an Out of Stock Fee no more than $ 500 s from 091521-NAF Rev. 3/2021 1 Solicitation Number: RFP #091521 CONTRACT This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and 72 Hour LLC dba: National Auto Fleet Group, 490 Auto Center Drive, Watsonville, CA 95076 (Supplier). Sourcewell is a State of Minnesota local government unit and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to eligible federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada. Sourcewell issued a public solicitation for Automobiles, SUVs, Vans, and Light Trucks with Related Equipment and Accessories from which Supplier was awarded a contract. Supplier desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access Sourcewell’s cooperative purchasing contracts (Participating Entities). 1. TERM OF CONTRACT A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below. B. EXPIRATION DATE AND EXTENSION. This Contract expires November 8, 2025, unless it is cancelled sooner pursuant to Article 22. This Contract may be extended one additional year upon the request of Sourcewell and written agreement by Supplier. C. SURVIVAL OF TERMS. Notwithstanding any expiration or termination of this Contract, all payment obligations incurred prior to expiration or termination will survive, as will the following: Articles 11 through 14 survive the expiration or cancellation of this Contract. All rights will cease upon expiration or termination of this Contract. 2. EQUIPMENT, PRODUCTS, OR SERVICES A. EQUIPMENT, PRODUCTS, OR SERVICES. Supplier will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above.        091521-NAF Rev. 3/2021 2 Supplier’s Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract. All Equipment and Products provided under this Contract must be new and the current model. Supplier may offer close-out or refurbished Equipment or Products if they are clearly indicated in Supplier’s product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity’s site. This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed. B. WARRANTY. Supplier warrants that all Equipment, Products, and Services furnished are free from liens and encumbrances, and are free from defects in design, materials, and workmanship. In addition, Supplier warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended. Supplier’s dealers and distributors must agree to assist the Participating Entity in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer’s warranty that extends beyond the expiration of the Supplier’s warranty will be passed on to the Participating Entity. C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution and throughout the Contract term, Supplier must provide to Sourcewell a current means to validate or authenticate Supplier’s authorized dealers, distributors, or resellers relative to the Equipment, Products, and Services offered under this Contract, which will be incorporated into this Contract by reference. It is the Supplier’s responsibility to ensure Sourcewell receives the most current information. 3. PRICING All Equipment, Products, or Services under this Contract will be priced at or below the price stated in Supplier’s Proposal. When providing pricing quotes to Participating Entities, all pricing quoted must reflect a Participating Entity’s total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Participating Entity’s requested delivery location. Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase. A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Supplier must permit the Equipment and Products to be        091521-NAF Rev. 3/2021 3 returned within a reasonable time at no cost to Sourcewell or its Participating Entities. Participating Entities reserve the right to inspect the Equipment and Products at a reasonable time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Supplier as soon as possible and the Supplier will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity. Supplier must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition. Sourcewell may declare the Supplier in breach of this Contract if the Supplier intentionally delivers substandard or inferior Equipment or Products. B. SALES TAX. Each Participating Entity is responsible for supplying the Supplier with valid tax- exemption certification(s). When ordering, a Participating Entity must indicate if it is a tax- exempt entity. C. HOT LIST PRICING. At any time during this Contract, Supplier may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract. When Supplier determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below. Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities. 4. PRODUCT AND PRICING CHANGE REQUESTS Supplier may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Supplier Development Administrator. This approved form is available from the assigned Sourcewell Supplier Development Administrator. At a minimum, the request must: x Identify the applicable Sourcewell contract number; x Clearly specify the requested change; x Provide sufficient detail to justify the requested change;        091521-NAF Rev. 3/2021 4 x Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and x Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged. A fully executed Sourcewell Price and Product Change Request Form will become an amendment to this Contract and will be incorporated by reference. 5. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS A. PARTICIPATION. Sourcewell’s cooperative contracts are available and open to public and nonprofit entities across the United States and Canada; such as federal, state/province, municipal, K-12 and higher education, tribal government, and other public entities. The benefits of this Contract should be available to all Participating Entities that can legally access the Equipment, Products, or Services under this Contract. A Participating Entity’s authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Supplier understands that a Participating Entity’s use of this Contract is at the Participating Entity’s sole convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source. Supplier is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential participating entities to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract. B. PUBLIC FACILITIES. Supplier’s employees may be required to perform work at government- owned facilities, including schools. Supplier’s employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws. 6. PARTICIPATING ENTITY USE AND PURCHASING A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Supplier that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Supplier. Typically, a Participating Entity will issue an order directly to Supplier or its authorized subsidiary, distributor, dealer, or reseller. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell        091521-NAF Rev. 3/2021 5 contract number. All Participating Entity orders under this Contract must be issued prior to expiration or cancellation of this Contract; however, Supplier performance, Participating Entity payment obligations, and any applicable warranty periods or other Supplier or Participating Entity obligations may extend beyond the term of this Contract. Supplier’s acceptable forms of payment are included in its attached Proposal. Participating Entities will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Participating Entity. B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order, or other required transaction documentation, may be negotiated between a Participating Entity and Supplier, such as job or industry-specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Some Participating Entities may require the use of a Participating Addendum; the terms of which will be negotiated directly between the Participating Entity and the Supplier. Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract. C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires service or specialized performance requirements not addressed in this Contract (such as e- commerce specifications, specialized delivery requirements, or other specifications and requirements), the Participating Entity and the Supplier may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement. D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or in part, immediately upon notice to Supplier in the event of any of the following events: 1. The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the equipment, products, or services to be purchased; or 2. Federal, state, or provincial laws or regulations prohibit the purchase or change the Participating Entity’s requirements. E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entity’s order will be determined by the Participating Entity making the purchase. 7. CUSTOMER SERVICE A. PRIMARY ACCOUNT REPRESENTATIVE. Supplier will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for:        091521-NAF Rev. 3/2021 6 x Maintenance and management of this Contract; x Timely response to all Sourcewell and Participating Entity inquiries; and x Business reviews to Sourcewell and Participating Entities, if applicable. B. BUSINESS REVIEWS. Supplier must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, sales data reports, supply issues, customer issues, and any other necessary information. 8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Supplier must provide a contract sales activity report (Report) to the Sourcewell Supplier Development Administrator assigned to this Contract. Reports are due no later than 45 days after the end of each calendar quarter. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Supplier must submit a report indicating no sales were made). The Report must contain the following fields: x Participating Entity Name (e.g., City of Staples Highway Department); x Participating Entity Physical Street Address; x Participating Entity City; x Participating Entity State/Province; x Participating Entity Zip/Postal Code; x Participating Entity Contact Name; x Participating Entity Contact Email Address; x Participating Entity Contact Telephone Number; x Sourcewell Assigned Entity/Participating Entity Number; x Item Purchased Description; x Item Purchased Price; x Sourcewell Administrative Fee Applied; and x Date Purchase was invoiced/sale was recognized as revenue by Supplier. B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Supplier will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Participating Entities. The Administrative Fee must be included in, and not added to, the pricing. Supplier may not charge Participating Entities more than the contracted price to offset the Administrative Fee. The Supplier will submit payment to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased        091521-NAF Rev. 3/2021 7 by Participating Entities under this Contract during each calendar quarter. Payments should note the Supplier’s name and Sourcewell-assigned contract number in the memo; and must be mailed to the address above “Attn: Accounts Receivable” or remitted electronically to Sourcewell’s banking institution per Sourcewell’s Finance department instructions. Payments must be received no later than 45 calendar days after the end of each calendar quarter. Supplier agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract. In the event the Supplier is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Supplier in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract’s expiration date, the administrative fee payment will be due no more than 30 days from the cancellation date. 9. AUTHORIZED REPRESENTATIVE Sourcewell's Authorized Representative is its Chief Procurement Officer. Supplier’s Authorized Representative is the person named in the Supplier’s Proposal. If Supplier’s Authorized Representative changes at any time during this Contract, Supplier must promptly notify Sourcewell in writing. 10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices relevant to this Agreement are subject to examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the end of this Contract. This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract. B. ASSIGNMENT. Neither party may assign or otherwise transfer its rights or obligations under this Contract without the prior written consent of the other party and a fully executed assignment agreement. Such consent will not be unreasonably withheld. Any prohibited assignment will be invalid. C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been duly executed by the parties. D. WAIVER. Failure by either party to take action or assert any right under this Contract will not be deemed a waiver of such right in the event of the continuation or repetition of the circumstances giving rise to such right. Any such waiver must be in writing and signed by the parties.        091521-NAF Rev. 3/2021 8 E. CONTRACT COMPLETE. This Contract represents the complete agreement between the parties. No other understanding regarding this Contract, whether written or oral, may be used to bind either party.For any conflict between the attached Proposal and the terms set out in Articles 1-22 of this Contract, the terms of Articles 1-22 will govern. F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses. This Contract does not create a partnership, joint venture, or any other relationship such as master-servant, or principal-agent. 11. INDEMNITY AND HOLD HARMLESS Supplier must indemnify, defend, save, and hold Sourcewell and its Participating Entities, including their agents and employees, harmless from any claims or causes of action, including attorneys’ fees incurred by Sourcewell or its Participating Entities, arising out of any act or omission in the performance of this Contract by the Supplier or its agents or employees; this indemnification includes injury or death to person(s) or property alleged to have been caused by some defect in the Equipment, Products, or Services under this Contract to the extent the Equipment, Product, or Service has been used according to its specifications. Sourcewell’s responsibility will be governed by the State of Minnesota’s Tort Liability Act (Minnesota Statutes Chapter 466) and other applicable law. 12. GOVERNMENT DATA PRACTICES Supplier and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Supplier under this Contract. 13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT A. INTELLECTUAL PROPERTY 1. Grant of License. During the term of this Contract: a. Sourcewell grants to Supplier a royalty-free, worldwide, non-exclusive right and license to use thetrademark(s) provided to Supplier by Sourcewell in advertising and promotional materials for the purpose of marketing Sourcewell’s relationship with Supplier. b. Supplier grants to Sourcewell a royalty-free, worldwide, non-exclusive right and license to use Supplier’s trademarks in advertising and promotional materials for the purpose of marketing Supplier’s relationship with Sourcewell. 2. Limited Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to their respective subsidiaries, distributors, dealers,        091521-NAF Rev. 3/2021 9 resellers, marketing representatives, and agents (collectively “Permitted Sublicensees”) in advertising and promotional materials for the purpose of marketing the Parties’ relationship to Participating Entities. Any sublicense granted will be subject to the terms and conditions of this Article. Each party will be responsible for any breach of this Article by any of their respective sublicensees. 3. Use; Quality Control. a. Neither party may alter the other party’s trademarks from the form provided and must comply with removal requests as to specific uses of its trademarks or logos. b. Each party agrees to use, and to cause its Permitted Sublicensees to use, the other party’s trademarks only in good faith and in a dignified manner consistent with such party’s use of the trademarks. Upon written notice to the breaching party, the breaching party has 30 days of the date of the written notice to cure the breach or the license will be terminated. 4. As applicable, Supplier agrees to indemnify and hold harmless Sourcewell and its Participating Entities against any and all suits, claims, judgments, and costs instituted or recovered against Sourcewell or Participating Entities by any person on account of the use of any Equipment or Products by Sourcewell or its Participating Entities supplied by Supplier in violation of applicable patent or copyright laws. 5. Termination. Upon the termination of this Contract for any reason, each party, including Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites, and the like bearing the other party’s name or logo (excepting Sourcewell’s pre-printed catalog of suppliers which may be used until the next printing). Supplier must return all marketing and promotional materials, including signage, provided by Sourcewell, or dispose of it according to Sourcewell’s written directions. B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Supplier individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract. C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by Sourcewell. Send all approval requests to the Sourcewell Supplier Development Administrator assigned to this Contract. D. ENDORSEMENT. The Supplier must not claim that Sourcewell endorses its Equipment, Products, or Services.        091521-NAF Rev. 3/2021 10 14. GOVERNING LAW, JURISDICTION, AND VENUE The substantive and procedural laws of the State of Minnesota will govern this Contract. Venue for all legal proceedings arising out of this Contract, or its breach, must be in the appropriate state court in Todd County, Minnesota or federal court in Fergus Falls, Minnesota. 15. FORCE MAJEURE Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party’s reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default. 16. SEVERABILITY If any provision of this Contract is found by a court of competent jurisdiction to be illegal, unenforceable, or void then both parties will be relieved from all obligations arising from that provision. If the remainder of this Contract is capable of being performed, it will not be affected by such determination or finding and must be fully performed. 17. PERFORMANCE, DEFAULT, AND REMEDIES A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows: 1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Supplier will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties. 2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Supplier may escalate the resolution of the issue to a higher level of management. The Supplier will have 30 calendar days to cure an outstanding issue. 3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Supplier must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Supplier fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, the Supplier will bear any additional costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed. B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Participating Entity order under this Contract, in default: 1. Nonperformance of contractual requirements, or 2. A material breach of any term or condition of this Contract.        091521-NAF Rev. 3/2021 11 The party claiming default must provide written notice of the default, with 30 calendar days to cure the default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non-defaulting party may: x Exercise any remedy provided by law or equity, or x Terminate the Contract or any portion thereof, including any orders issued against the Contract. 18. INSURANCE A. REQUIREMENTS. At its own expense, Supplier must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an “AM BEST” rating of A- or better, with coverage and limits of insurance not less than the following: 1. Workers’ Compensation and Employer’s Liability. Workers’ Compensation: As required by any applicable law or regulation. Employer's Liability Insurance: must be provided in amounts not less than listed below: Minimum limits: $500,000 each accident for bodily injury by accident $500,000 policy limit for bodily injury by disease $500,000 each employee for bodily injury by disease 2. Commercial General Liability Insurance. Supplier will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office (“ISO”) Commercial General Liability Form CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products-completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract. Minimum Limits: $1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury $2,000,000 aggregate for Products-Completed operations $2,000,000 general aggregate 3. Commercial Automobile Liability Insurance. During the term of this Contract, Supplier will maintain insurance covering all owned, hired, and non-owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms        091521-NAF Rev. 3/2021 12 no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or equivalent. Minimum Limits: $1,000,000 each accident, combined single limit 4. Umbrella Insurance. During the term of this Contract, Supplier will maintain umbrella coverage over Employer’s Liability, Commercial General Liability, and Commercial Automobile. Minimum Limits: $2,000,000 5. Network Security and Privacy Liability Insurance. During the term of this Contract, Supplier will maintain coverage for network security and privacy liability. The coverage may be endorsed on another form of liability coverage or written on a standalone policy. The insurance must cover claims which may arise from failure of Supplier’s security resulting in, but not limited to, computer attacks, unauthorized access, disclosure of not public data – including but not limited to, confidential or private information, transmission of a computer virus, or denial of service. Minimum limits: $2,000,000 per occurrence $2,000,000 annual aggregate Failure of Supplier to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default. B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Supplier must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Supplier Development Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf. Failure to request certificates of insurance by Sourcewell, or failure of Supplier to provide certificates of insurance, in no way limits or relieves Supplier of its duties and responsibilities in this Contract. C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Supplier agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Supplier’s commercial general liability insurance policy with respect to liability arising out of activities, “operations,” or “work” performed by or on behalf of Supplier, and products and completed operations of Supplier. The policy provision(s) or endorsement(s) must further provide that coverage is        091521-NAF Rev. 3/2021 13 primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds. D. WAIVER OF SUBROGATION. Supplier waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Supplier or its subcontractors. The waiver must apply to all deductibles and/or self-insured retentions applicable to the required or any other insurance maintained by the Supplier or its subcontractors. Where permitted by law, Supplier must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors. E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies), or self-insured retention. 19. COMPLIANCE A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold. B. LICENSES. Supplier must maintain a valid and current status on all required federal, state/provincial, and local licenses, bonds, and permits required for the operation of the business that the Supplier conducts with Sourcewell and Participating Entities. 20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION Supplier certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Supplier declares bankruptcy, Supplier must immediately notify Sourcewell in writing. Supplier certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Supplier certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Supplier further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time.        091521-NAF Rev. 3/2021 14 21. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER UNITED STATES FEDERAL AWARDS OR OTHER AWARDS Participating Entities that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may have additional requirements based on specific funding source terms or conditions. Within this Article, all references to “federal” should be interpreted to mean the United States federal government. The following list only applies when a Participating Entity accesses Supplier’s Equipment, Products, or Services with United States federal funds. A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60- 1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 C.F.R. § 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” The equal opportunity clause is incorporated herein by reference. B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by non- federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 C.F.R. § 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. Supplier must be in compliance with all applicable Davis-Bacon Act provisions.        091521-NAF Rev. 3/2021 15 C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5). Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into this Contract. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above. D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the federal award meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 C.F.R. § 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above. E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). Supplier certifies that during the term of this Contract will comply with applicable requirements as referenced above. F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names        091521-NAF Rev. 3/2021 16 of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Supplier certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency. G. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Suppliers must file any required certifications. Suppliers must not have used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Suppliers must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Suppliers must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352). H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Supplier must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Supplier further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed. I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Supplier must comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Supplier must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition. K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Supplier agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and records of Supplier that are directly pertinent to Supplier’s discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Supplier’s personnel for the purpose of interview and discussion relating to such documents. L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation        091521-NAF Rev. 3/2021 17 and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. M. FEDERAL SEAL(S), LOGOS, AND FLAGS. The Supplier not use the seal(s), logos, crests, or reproductions of flags or likenesses of Federal agency officials without specific pre-approval. N. NO OBLIGATION BY FEDERAL GOVERNMENT. The U.S. federal government is not a party to this Contract or any purchase by an Participating Entity and is not subject to any obligations or liabilities to the Participating Entity, Supplier, or any other party pertaining to any matter resulting from the Contract or any purchase by an authorized user. O. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS. The Contractor acknowledges that 31 U.S.C. 38 (Administrative Remedies for False Claims and Statements) applies to the Supplier’s actions pertaining to this Contract or any purchase by a Participating Entity. P. FEDERAL DEBT. The Supplier certifies that it is non-delinquent in its repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowance, and benefit overpayments. Q. CONFLICTS OF INTEREST. The Supplier must notify the U.S. Office of General Services, Sourcewell, and Participating Entity as soon as possible if this Contract or any aspect related to the anticipated work under this Contract raises an actual or potential conflict of interest (as described in 2 C.F.R. Part 200). The Supplier must explain the actual or potential conflict in writing in sufficient detail so that the U.S. Office of General Services, Sourcewell, and Participating Entity are able to assess the actual or potential conflict; and provide any additional information as necessary or requested. R. U.S. EXECUTIVE ORDER 13224. The Supplier, and its subcontractors, must comply with U.S. Executive Order 13224 and U.S. Laws that prohibit transactions with and provision of resources and support to individuals and organizations associated with terrorism. S. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT. To the extent applicable, Supplier certifies that during the term of this Contract it will comply with applicable requirements of 2 C.F.R. § 200.216. T. DOMESTIC PREFERENCES FOR PROCUREMENTS. To the extent applicable, Supplier certifies that during the term of this Contract will comply with applicable requirements of 2 C.F.R. § 200.322.        091521-NAF Rev. 3/2021 18 22. CANCELLATION Sourcewell or Supplier may cancel this Contract at any time, with or without cause, upon 60 days’ written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Supplier’s Proposal. Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation. 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WKH8QLWHG6WDWHVIHGHUDOJRYHUQPHQWRUWKH&DQDGLDQJRYHUQPHQWDVDSSOLFDEOHRUDQ\3DUWLFLSDWLQJ(QWLW\9HQGRUFHUWLILHVDQGZDUUDQWVWKDWQHLWKHULW QRULWVSULQFLSDOVKDYHEHHQFRQYLFWHGRIDFULPLQDORIIHQVHUHODWHGWRWKHVXEMHFWPDWWHURIWKLVVROLFLWDWLRQ %\FKHFNLQJWKLVER[,DFNQRZOHGJHWKDW,DPERXQGE\WKHWHUPVRIWKH3URSRVHU¶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id Number: RFP 091521 Vendor Name: 72 HOUR LLC        &KHFNWKHER[LQWKHFROXPQ,KDYHUHYLHZHGWKLVDGGHQGXPEHORZWRDFNQRZOHGJHHDFKRIWKHDGGHQGD )LOH1DPH ,KDYHUHYLHZHGWKH EHORZDGGHQGXPDQGDWWDFKPHQWV LI DSSOLFDEOH 3DJHV $GGHQGXPBB$XWRVB689VB9DQVB7UXFNVB5)3B :HG6HSWHPEHU30  $GGHQGXPBB$XWRVB689VB9DQVB7UXFNVB5)3B 7XH6HSWHPEHU30  $GGHQGXPBB$XWRVB689VB9DQVB7UXFNVB5)3B 7KX$XJXVW30  $GGHQGXPBB$XWRVB689VB9DQVB7UXFNVB5)3B0RQ$XJXVW$0  $GGHQGXPBB$XWRVB689VB9DQVB7UXFNVB5)3B 6XQ$XJXVW30  $GGHQGXPBB$XWRVB689VB9DQVB7UXFNVB5)3B 7KX$XJXVW30  Bid Number: RFP 091521 Vendor Name: 72 HOUR LLC        060920-NAF Rev. 2/2020 1 Solicitation Number: RFP #060920 CONTRACT This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and 72 Hour LLC dba: National Auto Fleet Group, 490 Auto Center Drive, Watsonville, CA 95076 (Vendor). Sourcewell is a State of Minnesota local government agency and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada. Vendor desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access Sourcewell’s cooperative purchasing contracts (Participating Entities). 1. TERM OF CONTRACT A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below. B. EXPIRATION DATE AND EXTENSION. This Contract expires August 1, 2024, unless it is cancelled sooner pursuant to Article 24. This Contract may be extended up to one additional one-year period upon request of Sourcewell and with written agreement by Vendor. C. SURVIVAL OF TERMS. Articles 11 through 16 survive the expiration or cancellation of this Contract. 2. EQUIPMENT, PRODUCTS, OR SERVICES A. EQUIPMENT, PRODUCTS, OR SERVICES. Vendor will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above. Vendor’s Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract. All Equipment and Products provided under this Contract must be new/current model. Vendor may offer close-out or refurbished Equipment or Products if they are clearly indicated in       060920-NAF Rev. 2/2020 2 Vendor’s product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity’s site. This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed. B. WARRANTY. Vendor warrants that all Equipment, Products, and Services furnished are free from liens and encumbrances, and are free from defects in design, materials, and workmanship. In addition, Vendor warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended. Vendor’s dealers and distributors must agree to assist the Participating Entity in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer’s warranty that is effective past the expiration of the Vendor’s warranty will be passed on to the Participating Entity. C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution, Vendor will make available to Sourcewell a means to validate or authenticate Vendor’s authorized dealers, distributors, and/or resellers relative to the Equipment, Products, and Services related to this Contract. This list may be updated from time-to-time and is incorporated into this Contract by reference. It is the Vendor’s responsibility to ensure Sourcewell receives the most current version of this list. 3. PRICING All Equipment, Products, or Services under this Contract will be priced as stated in Vendor’s Proposal. When providing pricing quotes to Participating Entities, all pricing quoted must reflect a Participating Entity’s total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Participating Entity’s requested delivery location. Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase. A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Vendor must permit the Equipment and Products to be returned within a reasonable time at no cost to Sourcewell or its Participating Entities. Participating Entities reserve the right to inspect the Equipment and Products at a reasonable time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery.       060920-NAF Rev. 2/2020 3 Vendor must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition. Sourcewell may declare the Vendor in breach of this Contract if the Vendor intentionally delivers substandard or inferior Equipment or Products. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Vendor as soon as possible and the Vendor will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity. B. SALES TAX. Each Participating Entity is responsible for supplying the Vendor with valid tax- exemption certification(s). When ordering, a Participating Entity must indicate if it is a tax- exempt entity. C. HOT LIST PRICING. At any time during this Contract, Vendor may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract. When Vendor determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below. Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities. 4. PRODUCT AND PRICING CHANGE REQUESTS Vendor may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Contract Administrator. This form is available from the assigned Sourcewell Contract Administrator. At a minimum, the request must: x Identify the applicable Sourcewell contract number; x Clearly specify the requested change; x Provide sufficient detail to justify the requested change; x Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and x Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged.       060920-NAF Rev. 2/2020 4 A fully executed Sourcewell Price and Product Request Form will be become an amendment to this Contract and be incorporated by reference. 5. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS A. PARTICIPATION. Sourcewell’s cooperative contracts are available and open to public and nonprofit entities across the United States and Canada; such as federal, state/province, municipal, K-12 and higher education, tribal government, and other public entities. The benefits of this Contract should be available to all Participating Entities that can legally access the Equipment, Products, or Services under this Contract. A Participating Entity’s authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Vendor understands that a Participating Entity’s use of this Contract is at the Participating Entity’s sole convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source. Vendor is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential members to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract. B. PUBLIC FACILITIES. Vendor’s employees may be required to perform work at government- owned facilities, including schools. Vendor’s employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws. 6. PARTICIPATING ENTITY USE AND PURCHASING A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Vendor that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Vendor. Typically, a Participating Entity will issue an order directly to Vendor. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell contract number. All Participating Entity orders under this Contract must be issued prior to expiration of this Contract; however, Vendor performance, Participating Entity payment, and any applicable warranty periods or other Vendor or Participating Entity obligations may extend beyond the term of this Contract. Vendor’s acceptable forms of payment are included in Attachment A. Participating Entities will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Participating Entity.       060920-NAF Rev. 2/2020 5 B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order may be negotiated between a Participating Entity and Vendor, such as job or industry-specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Some Participating Entitles may require the use of a Participating Addendum; the terms of which will be worked out directly between the Participating Entity and the Vendor. Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract. C. PERFORMANCE BOND. If requested by a Participating Entity, Vendor will provide a performance bond that meets the requirements set forth in the Participating Entity’s order. D. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires service or specialized performance requirements (such as e-commerce specifications, specialized delivery requirements, or other specifications and requirements) not addressed in this Contract, the Participating Entity and the Vendor may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement. E. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or in part, immediately upon notice to Vendor in the event of any of the following events: 1. The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the goods to be purchased; 2. Federal, state, or provincial laws or regulations prohibit the purchase or change the Participating Entity’s requirements; or 3. Vendor commits any material breach of this Contract or the additional terms agreed to between the Vendor and a Participating Entity. F. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entity’s order will be determined by the Participating Entity making the purchase. 7. CUSTOMER SERVICE A. PRIMARY ACCOUNT REPRESENTATIVE. Vendor will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for: x Maintenance and management of this Contract; x Timely response to all Sourcewell and Participating Entity inquiries; and x Business reviews to Sourcewell and Participating Entities, if applicable.       060920-NAF Rev. 2/2020 6 B. BUSINESS REVIEWS. Vendor must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, supply issues, customer issues, and any other necessary information. 8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Vendor must provide a contract sales activity report (Report) to the Sourcewell Contract Administrator assigned to this Contract. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Vendor must submit a report indicating no sales were made). The Report must contain the following fields: x Customer Name (e.g., City of Staples Highway Department); x Customer Physical Street Address; x Customer City; x Customer State/Province; x Customer Zip Code; x Customer Contact Name; x Customer Contact Email Address; x Customer Contact Telephone Number; x Sourcewell Assigned Entity/Participating Entity Number; x Item Purchased Description; x Item Purchased Price; x Sourcewell Administrative Fee Applied; and x Date Purchase was invoiced/sale was recognized as revenue by Vendor. B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Vendor will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Participating Entities. The Administrative Fee must be included in, and not added to, the pricing. Vendor may not charge Participating Entities more than the contracted price to offset the Administrative Fee. The Vendor will submit a check payable to Sourcewell for the administrative fee amount of $400 multiplied by the total number of trucks purchased by Participating Entities from Vendor under this Contract, and $200 multiplied by the number of trucks purchased by Participating Entities from Vendor’s partner dealer Alan Jay Automotive in Florida, during each calendar quarter. Payments should note the Sourcewell-assigned contract number in the memo and must be mailed to the address above “Attn: Accounts Receivable.” Payments must be received no later than 45 calendar days after the end of each calendar quarter.       060920-NAF Rev. 2/2020 7 Vendor agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract. In the event the Vendor is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Vendor in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract’s expiration date, the administrative fee payment will be due no more than 30 days from the cancellation date. 9. AUTHORIZED REPRESENTATIVE Sourcewell's Authorized Representative is its Chief Procurement Officer. Vendor’s Authorized Representative is the person named in the Vendor’s Proposal. If Vendor’s Authorized Representative changes at any time during this Contract, Vendor must promptly notify Sourcewell in writing. 10. ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE A. ASSIGNMENT. Neither the Vendor nor Sourcewell may assign or transfer any rights or obligations under this Contract without the prior consent of the parties and a fully executed assignment agreement. Such consent will not be unreasonably withheld. B. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been fully executed by the parties. C. WAIVER. If either party fails to enforce any provision of this Contract, that failure does not waive the provision or the right to enforce it. D. CONTRACT COMPLETE. This Contract contains all negotiations and agreements between Sourcewell and Vendor. No other understanding regarding this Contract, whether written or oral, may be used to bind either party. E. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses. This Contract does not create a partnership, joint venture, or any other relationship such as master-servant, or principal-agent. 11. LIABILITY Vendor must indemnify, save, and hold Sourcewell and its Participating Entities, including their agents and employees, harmless from any claims or causes of action, including attorneys’ fees, arising out of the performance of this Contract by the Vendor or its agents or employees; this indemnification includes injury or death to person(s) or property alleged to have been caused       060920-NAF Rev. 2/2020 8 by some defect in the Equipment, Products, or Services under this Contract to the extent the Equipment, Product, or Service has been used according to its specifications. 12. AUDITS Sourcewell reserves the right to review the books, records, documents, and accounting procedures and practices of the Vendor relevant to this Contract for a minimum of 6 years from the end of this Contract. This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract. 13. GOVERNMENT DATA PRACTICES Vendor and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Vendor under this Contract. If the Vendor receives a request to release the data referred to in this article, the Vendor must immediately notify Sourcewell and Sourcewell will assist with how the Vendor should respond to the request. 14. INDEMNIFICATION As applicable, Vendor agrees to indemnify and hold harmless Sourcewell and its Participating Entities against any and all suits, claims, judgments, and costs instituted or recovered against Sourcewell or Participating Entities by any person on account of the use of any Equipment or Products by Sourcewell or its Participating Entities supplied by Vendor in violation of applicable patent or copyright laws. 15. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT A. INTELLECTUAL PROPERTY 1. Grant of License. During the term of this Contract: a. Sourcewell grants to Vendor a royalty-free, worldwide, non-exclusive right and license to use theTrademark(s) provided to Vendor by Sourcewell in advertising and promotional materials for the purpose of marketing Sourcewell’s relationship with Vendor. b. Vendor grants to Sourcewell a royalty-free, worldwide, non-exclusive right and license to use Vendor’s Trademarks in advertising and promotional materials for the purpose of marketing Vendor’s relationship with Sourcewell. 2. Limited Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to its and their respective distributors, marketing representatives, and agents (collectively “Permitted Sublicensees”) in advertising and       060920-NAF Rev. 2/2020 9 promotional materials for the purpose of marketing the Parties’ relationship to Participating Entities. Any sublicense granted will be subject to the terms and conditions of this Article. Each party will be responsible for any breach of this Article by any of their respective sublicensees. 3. Use; Quality Control. a. Sourcewell must not alter Vendor’s Trademarks from the form provided by Vendor and must comply with Vendor’s removal requests as to specific uses of its trademarks or logos. b. Vendor must not alter Sourcewell’s Trademarks from the form provided by Sourcewell and must comply with Sourcewell’s removal requests as to specific uses of its trademarks or logos. c. Each party agrees to use, and to cause its Permitted Sublicensees to use, the other party’s Trademarks only in good faith and in a dignified manner consistent with such party’s use of the Trademarks. Upon written notice to the breaching party, the breaching party has 30 days of the date of the written notice to cure the breach or the license will be terminated. 4. Termination. Upon the termination of this Contract for any reason, each party, including Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites, and the like bearing the other party’s name or logo (excepting Sourcewell’s pre-printed catalog of vendors which may be used until the next printing). Vendor must return all marketing and promotional materials, including signage, provided by Sourcewell, or dispose of it according to Sourcewell’s written directions. B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Vendor individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract. C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by Sourcewell. Materials should be sent to the Sourcewell Contract Administrator assigned to this Contract. D. ENDORSEMENT. The Vendor must not claim that Sourcewell endorses its Equipment, Products, or Services. 16. GOVERNING LAW, JURISDICTION, AND VENUE Minnesota law governs this Contract. Venue for all legal proceedings out of this Contract, or its breach, must be in the appropriate state court in Todd County or federal court in Fergus Falls, Minnesota.       060920-NAF Rev. 2/2020 10 17. FORCE MAJEURE Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party’s reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default. 18. SEVERABILITY If any provision of this Contract is found to be illegal, unenforceable, or void then both Sourcewell and Vendor will be relieved of all obligations arising under such provisions. If the remainder of this Contract is capable of performance, it will not be affected by such declaration or finding and must be fully performed. 19. PERFORMANCE, DEFAULT, AND REMEDIES A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows: 1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Vendor will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties. 2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Vendor may escalate the resolution of the issue to a higher level of management. The Vendor will have 30 calendar days to cure an outstanding issue. 3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Vendor must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Vendor fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, any additional costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed will be borne by the Vendor. B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Participating Entity order under this Contract, in default: 1. Nonperformance of contractual requirements, or 2. A material breach of any term or condition of this Contract. Written notice of default and a reasonable opportunity to cure must be issued by the party claiming default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non-defaulting party may:       060920-NAF Rev. 2/2020 11 x Exercise any remedy provided by law or equity, or x Terminate the Contract or any portion thereof, including any orders issued against the Contract. 20. INSURANCE A. REQUIREMENTS. At its own expense, Vendor must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an “AM BEST” rating of A- or better, with coverage and limits of insurance not less than the following: 1. Workers’ Compensation and Employer’s Liability. Workers’ Compensation: As required by any applicable law or regulation. Employer's Liability Insurance: must be provided in amounts not less than listed below: Minimum limits: $500,000 each accident for bodily injury by accident $500,000 policy limit for bodily injury by disease $500,000 each employee for bodily injury by disease 2. Commercial General Liability Insurance. Vendor will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office (“ISO”) Commercial General Liability Form CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products-completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract. Minimum Limits: $1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury $2,000,000 aggregate for Products-Completed operations $2,000,000 general aggregate 3. Commercial Automobile Liability Insurance. During the term of this Contract, Vendor will maintain insurance covering all owned, hired, and non-owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or equivalent. Minimum Limits: $1,000,000 each accident, combined single limit       060920-NAF Rev. 2/2020 12 4. Umbrella Insurance. During the term of this Contract, Vendor will maintain umbrella coverage over Workers’ Compensation, Commercial General Liability, and Commercial Automobile. Minimum Limits: $2,000,000 5. Professional/Technical, Errors and Omissions, and/or Miscellaneous Professional Liability. During the term of this Contract, Vendor will maintain coverage for all claims the Vendor may become legally obligated to pay resulting from any actual or alleged negligent act, error, or omission related to Vendor’s professional services required under this Contract. Minimum Limits: $2,000,000 per claim or event $2,000,000 – annual aggregate 6. Network Security and Privacy Liability Insurance. During the term of this Contract, Vendor will maintain coverage for network security and privacy liability. The coverage may be endorsed on another form of liability coverage or written on a standalone policy. The insurance must cover claims which may arise from failure of Vendor’s security resulting in, but not limited to, computer attacks, unauthorized access, disclosure of not public data – including but not limited to, confidential or private information, transmission of a computer virus, or denial of service. Minimum limits: $2,000,000 per occurrence $2,000,000 annual aggregate Failure of Vendor to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default. B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Vendor must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Contract Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf. All policies must include there will be no cancellation, suspension, non-renewal, or reduction of coverage without 30 days’ prior written notice to the Vendor. Upon request, Vendor must provide to Sourcewell copies of applicable policies and endorsements, within 10 days of a request. Failure to request certificates of insurance by Sourcewell, or failure of Vendor to provide certificates of insurance, in no way limits or relieves Vendor of its duties and responsibilities in this Contract.       060920-NAF Rev. 2/2020 13 C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Vendor agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Vendor’s commercial general liability insurance policy with respect to liability arising out of activities, “operations,” or “work” performed by or on behalf of Vendor, and products and completed operations of Vendor. The policy provision(s) or endorsement(s) must further provide that coverage is primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds. D. WAIVER OF SUBROGATION. Vendor waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Vendor or its subcontractors. The waiver must apply to all deductibles and/or self-insured retentions applicable to the required or any other insurance maintained by the Vendor or its subcontractors. Where permitted by law, Vendor must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors. E. UMBRELLA/EXCESS LIABILITY. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies). F. SELF-INSURED RETENTIONS. Any self-insured retention in excess of $10,000 is subject to Sourcewell’s approval. 21. COMPLIANCE A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold. B. LICENSES. Vendor must maintain a valid and current status on all required federal, state/provincial, and local licenses, bonds, and permits required for the operation of the business that the Vendor conducts with Sourcewell and Participating Entities. 22. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION Vendor certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Vendor declares bankruptcy, Vendor must immediately notify Sourcewell in writing. Vendor certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs       060920-NAF Rev. 2/2020 14 operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Vendor certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Vendor further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time. 23. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER UNITED STATES FEDERAL AWARDS OR OTHER AWARDS Participating Entities that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may also require additional requirements based on specific funding specifications. Within this Article, all references to “federal” should be interpreted to mean the United States federal government. The following list only applies when a Participating Entity accesses Vendor’s Equipment, Products, or Services with United States federal funds. A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60- 1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 C.F.R. § 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” The equal opportunity clause is incorporated herein by reference. B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by non- federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 C.F.R. § 3, “Contractors and Subcontractors on Public Building or Public Work       060920-NAF Rev. 2/2020 15 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. Vendor must be in compliance with all applicable Davis-Bacon Act provisions. C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5). Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into this Contract. Vendor certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Vendor must comply with applicable requirements as referenced above. D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the federal award meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 C.F.R. § 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. Vendor certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Vendor must comply with applicable requirements as referenced above. E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). Vendor certifies that during the term of this Contract will comply with applicable requirements as referenced above.       060920-NAF Rev. 2/2020 16 F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Vendor certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency. G. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Vendors must file any required certifications. Vendors must not have used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Vendors must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Vendors must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352). H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Vendor must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Vendor further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed. I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Vendor must 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. J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Vendor must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition. K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Vendor agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and records of Vendor that are directly pertinent to Vendor’s discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right       060920-NAF Rev. 2/2020 17 also includes timely and reasonable access to Vendor’s personnel for the purpose of interview and discussion relating to such documents. L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. 24. CANCELLATION Sourcewell or Vendor may cancel this Contract at any time, with or without cause, upon 60 days’ written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Vendor’s Proposal. Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation. 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6HFWLRQSHUPLWVRQO\FHUWDLQQDUURZO\GHILQHGGDWDWREHFRQVLGHUHGDWUDGHVHFUHWDQGWKXVQRQSXEOLFGDWDXQGHU 0LQQHVRWD V'DWD3UDFWLFHV$FW  3URSRVHULWVHPSOR\HHVDJHQWVDQGVXEFRQWUDFWRUVDUHQRW D ,QFOXGHGRQWKH³6SHFLDOO\'HVLJQDWHG1DWLRQDOVDQG%ORFNHG3HUVRQV´OLVWPDLQWDLQHGE\WKH2IILFHRI)RUHLJQ$VVHWV&RQWURO RIWKH8QLWHG6WDWHV'HSDUWPHQWRIWKH7UHDVXU\IRXQGDWKWWSVZZZWUHDVXU\JRYRIDFGRZQORDGVVGQOLVWSGI E ,QFOXGHGRQWKHJRYHUQPHQWZLGHH[FOXVLRQVOLVWVLQWKH8QLWHG6WDWHV6\VWHPIRU$ZDUG0DQDJHPHQWIRXQGDW KWWSVZZZVDPJRYSRUWDORU F 3UHVHQWO\GHEDUUHGVXVSHQGHGSURSRVHGIRUGHEDUPHQWGHFODUHGLQHOLJLEOHRUYROXQWDULO\H[FOXGHGIURPSURJUDPVRSHUDWHG Bid Number: RFP 060920 Vendor Name: 72 HOUR LLC       E\WKH6WDWHRI0LQQHVRWDWKH8QLWHG6WDWHVIHGHUDOJRYHUQPHQWRUWKH&DQDGLDQJRYHUQPHQWDVDSSOLFDEOHRUDQ\ 3DUWLFLSDWLQJ(QWLW\9HQGRUFHUWLILHVDQGZDUUDQWVWKDWQHLWKHULWQRULWVSULQFLSDOVKDYHEHHQFRQYLFWHGRIDFULPLQDORIIHQVH UHODWHGWRWKHVXEMHFWPDWWHURIWKLVVROLFLWDWLRQ 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$GGHQGXPBB&ODVVBB&KDVVLVB5)3 7XH0D\30  $GGHQGXPBB&ODVVBB&KDVVLVB5)3 7KX0D\30  $GGHQGXPBB&ODVVBB&KDVVLVB5)3 0RQ0D\30  $GGHQGXPBB&ODVVBB&KDVVLVB5)3 :HG0D\30  $GGHQGXPBB&ODVVBB&KDVVLVB5)3 7XH0D\$0  $GGHQGXPBB&ODVVBB&KDVVLVB5)3 0RQ0D\30  $GGHQGXPBB&ODVVBB&KDVVLVB5)3 :HG$SULO30  $GGHQGXPBB&ODVVBB&KDVVLVB5)3 :HG$SULO30  $GGHQGXPBB&ODVVBB&KDVVLVB5)3 )UL$SULO30  Bid Number: RFP 060920 Vendor Name: 72 HOUR LLC       Contract: FSA20-VEL28.0 – Pursuit, Administrative and Other Vehicles Contract: FSA20-VEH18.0 – Heavy Trucks Contract: FSA20-EQU18.0 – Heavy Equipment (Items formerly included under “VEH” contract.) FSA Cooperative Purchasing Program Contract Terms and Conditions FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 1 Table of Contents 1.0 GENERAL CONDITIONS ............................................................................................................. 5 1.01 BID CORRESPONDENCE ................................................................................................ 5 1.02 PURPOSE ...................................................................................................................... 6 1.03 TERM OF CONTRACT .................................................................................................... 6 1.04 ESTIMATED QUANTITIES .............................................................................................. 6 1.05 SHERIFF AS COUNTY CONSTITUTIONAL OFFICER ......................................................... 6 1.06 FUNDING ...................................................................................................................... 7 1.07 CURRENCY .................................................................................................................... 7 1.08 GENERAL DEFINITIONS ................................................................................................. 7 1.09 ELIGIBLE PURCHASERS OF CONTRACT ......................................................................... 8 1.10 LEGAL REQUIREMENTS ................................................................................................ 9 1.11 PATENTS & ROYALTIES ................................................................................................. 9 1.12 FEDERAL AND STATE STANDARDS ............................................................................... 9 1.13 UNDERWRITERS’ LABORATORIES ............................................................................... 10 1.14 AMERICANS WITH DISABILITIES ACT .......................................................................... 10 1.15 REASONABLE ACCOMMODATION .............................................................................. 10 1.16 MINORITY BUSINESS ENTERPRISE (MBE) ................................................................... 10 1.17 ANTI-DISCRIMINATION .............................................................................................. 10 1.18 BEST COMMERCIAL PRACTICES .................................................................................. 10 1.19 PUBLIC ENTITY CRIMES (PEC) ..................................................................................... 10 1.20 TAX EXEMPTION ......................................................................................................... 11 1.21 TAXES ......................................................................................................................... 11 1.22 ORDER OF PRECEDENCE IN THE EVENT OF CONFLICT ............................................... 11 1.23 COMMUNICATIONS ................................................................................................... 11 1.24 CLARIFICATION AND ADDENDA ................................................................................. 11 1.25 SIGNED BID CONSIDERED AN OFFER .......................................................................... 12 1.26 ASSIGNMENT OF CONTRACT ..................................................................................... 12 1.27 TERMINATION OF PRODUCT LINE .............................................................................. 13 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 2 1.28 METHOD OF AWARD .................................................................................................. 13 1.29 DEMONSTRATION OF COMPETENCY ......................................................................... 13 1.30 VENDOR ABILITY TO PERFORM .................................................................................. 14 1.31 FINANCIAL RESPONSIBILITY ....................................................................................... 14 1.32 QUALITY AND SAFETY ................................................................................................ 14 1.33 NONCONFORMANCE ................................................................................................. 15 1.34 GRATUITIES ................................................................................................................ 15 1.35 TIE BIDS ...................................................................................................................... 15 1.36 RIGHT TO AUDIT ......................................................................................................... 15 1.37 LIABILITY, INSURANCE, LICENSES AND PERMITS ........................................................ 16 1.38 BID BONDS, PERFORMANCE BONDS, CERTIFICATES OF INSURANCE ......................... 16 1.39 ELIMINATION FROM CONSIDERATION ...................................................................... 17 1.40 COLLUSION ................................................................................................................. 17 1.41 DEFAULT ..................................................................................................................... 17 1.42 PROTESTS AND ARBITRATION .................................................................................... 18 1.43 NONPERFORMANCE .................................................................................................. 19 1.44 SEVERABILITY ............................................................................................................. 20 1.45 TERMINATION FOR CAUSE ......................................................................................... 20 1.46 TERMINATION WITHOUT CAUSE ............................................................................... 20 1.47 CONTRACT ADVERTISMENT AND USE OF FSA LOGO ................................................. 20 2.0 BIDDER INSTRUCTIONS ......................................................................................................... 22 2.01 BIDDER QUALIFICATIONS ........................................................................................... 22 2.02 LICENSING/FACILITIES ................................................................................................ 22 2.03 INSURANCE AND INDEMNIFICATION ......................................................................... 22 2.04 SPECIFICATIONS ......................................................................................................... 25 2.05 FIXED PRICES .............................................................................................................. 25 2.06 DISCOUNTS ................................................................................................................ 25 2.07 SEALED BIDS ............................................................................................................... 25 2.08 EXCEPTIONS, OMISSION AND ERRORS ....................................................................... 25 2.09 MISTAKES ................................................................................................................... 26 2.10 EQUIVALENTS ............................................................................................................. 26 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 3 2.11 MANDATORY PRE-BID MEETING ................................................................................ 26 2.12 QUALIFICATION .......................................................................................................... 27 2.13 PRICES QUOTED ......................................................................................................... 27 2.14 OPTION PRICING ........................................................................................................ 28 2.15 EMERGENCY LIGHTS AND SIRENS .............................................................................. 29 2.16 SUBMITTAL OF BID ..................................................................................................... 30 2.17 ZONE BIDDING ........................................................................................................... 31 2.18 EXECUTION OF BID ..................................................................................................... 32 2.19 MODIFICATION OR WITHDRAWALS OF BIDS ............................................................. 32 2.20 LATE BIDS ................................................................................................................... 32 2.21 BID OPENING .............................................................................................................. 32 2.22 DETERMINATION OF RESPONSIVENESS ..................................................................... 32 2.23 RESPONSIBLE BIDDER CRITERIA ................................................................................. 32 2.24 BASIS FOR AWARD ..................................................................................................... 33 2.25 FIRM BID .................................................................................................................... 33 2.26 BID TABULATIONS ...................................................................................................... 34 2.27 MINOR IRREGULARITIES/RIGHT TO REJECT ............................................................... 34 2.28 CONE OF SILENCE ....................................................................................................... 34 3.0 CONTRACT CONDITIONS ...................................................................................................... 35 3.01 GENERAL REQUIREMENTS ......................................................................................... 35 3.02 STATEMENT OF AUTHORITY ...................................................................................... 35 3.03 VENDOR CONTACT INFORMATION ............................................................................ 35 3.04 OPTION TO RENEW & PRICE ADJUSTMENT ............................................................... 35 3.05 ADDITIONS AND DELETIONS ...................................................................................... 36 3.06 EQUITABLE ADJUSTMENT .......................................................................................... 36 3.07 CONDITIONS ............................................................................................................... 36 3.08 PRODUCTION CUTOFF ............................................................................................... 37 3.09 FACILITIES ................................................................................................................... 37 3.10 SUBSTITUTIONS .......................................................................................................... 37 3.11 POLICE RATED VEHICLES & MOTORCYCLES ............................................................... 37 3.12 SPECIAL SERVICE VEHICLES ........................................................................................ 38 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 4 3.13 CAB AND CHASSIS PURCHASES .................................................................................. 38 3.14 FACTORY INSTALLED .................................................................................................. 38 3.15 VENDOR INSTALLED OPTIONS .................................................................................... 39 3.16 NON-SCHEDULED OPTIONS ....................................................................................... 39 3.17 FORCE MAJEURE ........................................................................................................ 39 3.18 DELIVERY TIME ........................................................................................................... 39 3.19 ORDER ........................................................................................................................ 40 3.20 VEHICLE AND EQUIPMENT DELIVERY ......................................................................... 41 3.21 INSPECTION AND ACCEPTANCE ................................................................................. 42 3.22 REGISTRATION, TAG AND TITLE ................................................................................. 43 3.23 INVOICING AND PAYMENTS ....................................................................................... 43 3.24 WARRANTY REPAIRS AND SERVICE ............................................................................ 43 3.25 INADEQUATE SERVICE ................................................................................................ 43 3.26 REPORTING: PURCHASE ORDERS & QUARTERLY REPORTS ........................................ 44 3.27 ADMINISTRATIVE FEE ................................................................................................. 45 3.28 LIQUIDATED DAMAGES .............................................................................................. 46 Appendix A ............................................................................................................................... 48 Appendix B ............................................................................................................................... 49 Appendix C ............................................................................................................................... 50 Appendix D ............................................................................................................................... 51 Appendix E ............................................................................................................................... 52 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 5 1.0 GENERAL CONDITIONS 1.01 BID CORRESPONDENCE All correspondence regarding this bid should be directed to the Florida Sheriffs Association “FSA”, using the information shown above. Please be sure to reference the bid number and your contact information. The contacts for this bid are: Ed Lanier, FSA Cooperative Purchasing Program Coordinator E-mail: elanier@flsheriffs.org Phone: 850-877-2165, ext. 5811 Fax: 850-878-5115 Craig Chown, FSA Cooperative Purchasing Program Manager E-mail: cchown@flsheriffs.org Phone: 850-877-2165, ext. 5833 Fax: 850-878-5115 Communication for this Invitation to Bid should be identified by contract number and title and directed to: Florida Sheriffs Association Attn: Cooperative Purchasing Program Coordinator 2617 Mahan Drive Tallahassee, FL 32308 E-mail: CPP@flsheriffs.org FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 6 1.02 PURPOSE The Florida Sheriffs Association invites interested Bidders, including Motor Vehicle Manufacturers and Dealers/Certified Representatives to submit responses in accordance with these solicitation documents. The FSA Cooperative Purchasing Program will conduct the solicitation process and administer the resulting contract. The purpose of this bid is to establish contracts with manufacturers and manufacturer’s authorized vendors for contract terms specified under Section 1.03 for the purchase of vehicles and equipment on a “no trade-in basis.” 1.03 TERM OF CONTRACT The term for Contracts FSA20-VEL28.0 Pursuit, Administrative and Other Vehicles and FSA20-VEH18.01 Heavy Vehicles shall remain in effect for two (2) years from date of contract execution by the FSA, and may be renewed by mutual agreement, at the sole option and discretion of the FSA, pursuant to the terms of Section 3.04. The initial term of these contracts begins October 1, 2020 and ends September 30, 2022. The term for Contract FSA20-EQU18.0 Heavy Equipment shall remain in effect for three (3) years from date of contract execution by the FSA, and may be renewed by mutual agreement, at the sole option and discretion of the FSA, pursuant to the terms of Section 3.04. The initial term of this contract begins October 1, 2020 and ends September 30, 2023. Contract extensions will only be executed when the FSA determines, based on then-existing conditions, that it is in the best interest of the FSA and the purchasers to do so. 1.04 ESTIMATED QUANTITIES In FY 2018-19, eligible users purchased approximately 8,856_vehicles and equipment from this contract. These estimated figures are given as a guideline for bidders preparing bids. Quantities provided do not guarantee or imply future contract sales. Neither the FSA nor any eligible user is obligated to place any order for a given amount subsequent to the award of this bid solicitation. 1.05 SHERIFF AS COUNTY CONSTITUTIONAL OFFICER The Offices of the Sheriff in the State of Florida are constitutional offices of the State of Florida. Each has the authority either individually or collectively to execute contracts for all goods and services for the proper conduct of that office. Section 30.53, Florida Statutes, exempts the sheriffs’ offices from the provisions of the Florida Statute that would otherwise require sealed and competitive bidding procedures. It is our practice to give consideration to the prices offered, but the Office of the Sheriff is not required by law to accept the lowest priced proposal and may reject any or all of the proposals without recourse. Bidders are solely responsible for their own bid preparation costs and nothing in this solicitation in any way obligates the participating sheriffs’ offices for any payment for any activity or costs incurred by any bidder in responding to this solicitation. FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 7 1.06 FUNDING In the case of certain purchasers, including state agencies, funds expended for the purposes of the contract must be appropriated by the Florida Legislature, the individual participating agency or the agency’s appropriating authority for each fiscal year included within the contract period. For such agencies, their performances and obligations to pay for products or services under any resulting contract, or purchase order, are contingent upon such an annual appropriation by the Legislature, individual agency or by the appropriating authority. Therefore, any contract or purchase order with such an agency shall automatically terminate without penalty or termination costs in the event of non-appropriation. 1.07 CURRENCY All transaction amounts, bids, quotes, provisions, payments or any part of this contract relating to currency are to be made in United States Dollar. 1.08 GENERAL DEFINITIONS The terms used in this contract are defined as the following: a. Bidder: A proposer or enterprise that submits a formal offer to the FSA Cooperative Purchasing Program Administrator in accordance with the Contract Terms and Conditions. b. Bid System: The online forum used for the submission of electronic bids and review of bid results for the specifications connected to this Invitation to Bid. VendorLink is the software used for this bid. c. Dealer: A manufacture’s certified representative authorized by the manufacturer to market, sell, provide, and service the vehicles/equipment for the FSA Cooperative Purchasing Program. Dealers may be vendor-owned and controlled, in whole or in part, or independently owned and controlled. d. Florida Sheriffs Association Cooperative Purchasing Program (FSA): The entity that administeres the Invitation to bid and contract administration functions for this contract. e. End User: A term used to distinguish the person who ultimately uses or is intended to use a product or for whom a product is designed for use. f. Factory: Refers to the manufacturer produced products. g. Fleet Advisory Committee (FAC): An employee of a sheriff’s office or other local governmental agency, or any other person who FSA identifies as subject matter expert who assists with the development of bid specifications and evaluation of bid responses. The Fleet Advisory Committee makes recommendations to the FSA and is not responsible for final awards. h. Invitation to Bid: A competitive solicitation and award process established through the issuance of an invitation to vendors, dealers and manufacturers to submit a price offer on a specific product to be provided. This term shall include the bid specifications available to bidders on the bid system and references to solicitation documents. The term shall not include request for proposals, request FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 8 for quotes, request for letters of interest, or the solicitation of purchase orders based on oral or written quotations. i. Manufacturer: The original producer or provider of vehicles or equipment offered on this contract. j. Manufacturer’s Suggested Retail Price (MSRP): Manufacturer’s Suggested Retail Price (MSRP) represents the Manufacturer’s recommended retail selling price, list price, published list price, or other usual and customary price that would be paid by the purchaser. The following are acceptable sources of current MSRPs and MSRP Lists for use in submission of the bid solicitation and the resulting contract: 1. Manufacturer’s Computer Printouts: Ford - “Dora”; General Motors - “GM Autobook”; or approved equivalent 2. Chrome Systems, Inc.’s PC Carbook (PC Carbook Plus and PC Carbook Fleet Edition) 3. Manufacturer’s Annual U.S. Price Book 4. Manufacturer’s official website k. Non-Scheduled Options: Any optional new or unused component, feature or configuration that is not included or listed in the base vehicle specifications or options. l. Production Cutoff: A date used by manufacturers to notify dealers that the factory has reached maximum capacity for orders or are discontinuing the production of a vehicle or equipment. Vehicle manufacturers use this term when referring to any given model year for production. m. Published List Price: A standard “quantity of one” price currently available to government and educational purchasers, excluding cooperative or volume discounts. n. Purchaser: A Purchaser is an entity that seeks to obtain vehicles or equipment off this contract by meeting the eligible user criteria or with vendor approval. o. Purchase Order: A request for order from a purchaser to an awarded vendor for an item that has been awarded on this Contract. Purchaser orders placed using this contract formalize the terms and conditions of this contract under which a vendor furnishes vehicles or equipment to a purchaser. p. Third Party Supplier: Businesses external to a bidder or vendor that provide products and services which contribute to the overall finished vehicle or equipment. Third Party Suppliers are contractors under the direction and responsibility of the bidder or vendor. q. Vendor: The bidder that has been awarded and agrees to provide vehicles or equipment that meet the requirements and base specifications. The vendor must agree to the contract terms and conditions of the contract before being awarded to the contract. r. Vendor Installed: A product or service provided by the vendor or other third party; not the factory. 1.09 ELIGIBLE PURCHASERS OF CONTRACT FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 9 Awarded bids, or contract prices, will be extended and guaranteed to the Florida Sheriffs Association, any unit of local government, political subdivision or agency of the State of Florida. This includes, but is not limited to counties, municipalities, sheriffs’ offices, clerks, property appraisers, tax collectors, supervisors of elections, school boards or districts, water management districts, police and fire departments, emergency response units, state universities and colleges, or other state, local or regional government entities within the State of Florida. All purchasers are bound by state law, local ordinances, rules and regulations for purchases made under this contract. Participating agencies cannot guarantee any order other than those ordered by the individual agency. In addition, bids can be extended and guaranteed to other entities approved by manufacturers to participate in this contract, which can include out of state sales. Vendors that wish to extend contract pricing to entities other than those defined here are governed by their manufacturer’s agreement, and must agree to the terms and conditions of this contract. 1.10 LEGAL REQUIREMENTS Federal, State, county laws, ordinances, rules and regulations that in any manner affect the items covered herein apply. Lack of knowledge by the bidder of applicable legal requirements will in no way be a cause for relief from responsibility. 1.11 PATENTS & ROYALTIES The bidder, without exception, shall indemnify and hold harmless the FSA and its employees from liability of any nature or kind, including costs and expenses for, or on account of, any copyrighted, patented, or unpatented invention, process, or article manufactured or used in the performance of the contract, including its use by the FSA or a purchaser. If the bidder uses any design, device or materials covered by letters, patent, or copyright, it is mutually understood and agreed, without exception, that the bid prices shall include all royalties or costs in any way arising, directly or indirectly, from the use of such design, device, or materials in any way involved in the work. 1.12 FEDERAL AND STATE STANDARDS It is the intent of FSA that all specifications herein are in full and complete compliance with all federal and State of Florida laws, requirements, and regulations applicable to the type and class of commodities and contractual services being provided. In addition, any applicable federal or State legal or regulatory requirements that become effective during the term of the Contract, regarding the commodities and contractual services’ specifications, safety, and environmental requirements shall immediately become a part of the Contract. The vendor shall meet or exceed any such requirements of the laws and regulations. If an apparent conflict exists, the vendor shall contact the FSA immediately. The bidder shall obtain and pay for all licenses, permits and inspection fees for this bid submission and contract. FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 10 1.13 UNDERWRITERS’ LABORATORIES Unless otherwise stipulated in the bid, all manufactured items and fabricated assemblies shall be Underwriters’ Laboratories, or U.L., listed or re-examination listing where such has been established by U.L. for the item(s) offered and furnished. 1.14 AMERICANS WITH DISABILITIES ACT To request this material in accessible format, sign language interpreters, information on access for persons with disabilities, or any accommodation to review any document or participate in any FSA sponsored proceeding, please contact FSA Human Resources at (850) 877-2165 five business days in advance to initiate your request. TTY users may also call the Florida Relay Service at 711. 1.15 REASONABLE ACCOMMODATION In accordance with the Title II of the Americans with Disabilities Act, any person requiring an accommodation at the Bid opening because of a disability must contact the FSA Human Resources at (850) 877-2165. 1.16 MINORITY BUSINESS ENTERPRISE (MBE) The Florida Sheriffs Association policy is that Minority Business Enterprises (MBE) shall have the opportunity to participate in this invitation to bid. Such process would be for supplying goods and services to FSA and Purchasers. 1.17 ANTI-DISCRIMINATION The bidder certifies that he/she is in compliance as applicable by federal or state law with the non- discrimination clause contained in Section 202, Executive Order 11246, as amended by Executive Order 11375, relative to equal employment opportunity for all persons without regard to race, color, religion, sex or national origin. 1.18 BEST COMMERCIAL PRACTICES The apparent silence of this specification and any supplemental specifications as to any details or the omission from it of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices, size, and design are to be used. All workmanship is to be first quality. All interpretations of this specification shall be upon the basis of this statement. 1.19 PUBLIC ENTITY CRIMES (PEC) In accordance with the Public Entity Crimes Act, Section 287.133, Florida Statutes, a person or affiliate who has been placed on the convicted vendor list maintained by the State of Florida Department of Management FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 11 Services following a conviction for public entity crimes may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a Vendor, supplier, Sub-Vendor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 1.20 TAX EXEMPTION All State and Federal tax exemptions applicable to the units of local government of the State of Florida will apply, and appropriate certifications furnished. Purchasers shall comply with all federal, state and local tax requirements. The Florida Sheriffs Association is a 501(c)3 organization and is exempt from all Federal Excise and State Taxes. State Sales Tax and Use Certificate Number is 85-8012646919C-3. 1.21 TAXES Customers making a purchase pursuant to the awarded bid are generally exempt from Federal Excise and State Sales Tax. It is the responsibility of the vendor to verify that the purchaser is exempt by obtaining the purchaser’s Federal Excise and State Taxes and Use Certificate Number. 1.22 ORDER OF PRECEDENCE IN THE EVENT OF CONFLICT In the event of conflict, the conflict may be resolved in the following order of priority (highest to lowest): 1. Addenda to Contract Terms and Conditions, if issued 2. Contract Conditions 3. Addenda to Bid Specifications, if issued 4. Bid Specifications 5. Bidder Instructions 6. General Conditions 1.23 COMMUNICATIONS Communications between a proposer, bidder, lobbyist or consultant and FSA are limited to matters of process or procedure and shall be made in writing to the contact persons identified in Section 1.01 of this procurement. Bidders should not rely on representations, statements, or explanations other than those made in this Bid or in any written addendum to this Bid, and no oral representations, statements, or explanations shall be deemed to bind the FSA or eligible users. 1.24 CLARIFICATION AND ADDENDA Any questions or clarifications concerning the Invitation to Bid shall be submitted to FSA by e-mail to CPP@flsheriffs.org with the bid title and number referenced on all correspondence. Final questions must FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 12 be received by the date for Request for Clarification stated on the Bid Calendar. Questions and answers will be posted to the FSA Cooperative Purchasing Program website on the date indicated on the Bid Calendar. Interpretation of the specifications or any solicitation documents will not be made to the bidder verbally, and if any verbal clarifications are provided they are without legal effect. Questions received after the cone of silence date listed on the bid calendar will not be addressed. The FSA reserves the right to address technical questions. The FSA shall issue a Formal Addendum if substantial changes which impact the submission of bids are required. Any such addenda shall be binding on the bidder and shall become a part of the solicitation document. In the event of conflict with the original specifications, addenda shall govern to the extent specified. Subsequent Addenda shall govern over prior Addenda only to the extent specified. FSA will make every attempt to e-mail updates to registered bidders. However, posting to the FSA website or the bid system constitutes proper notice of addenda. The bidder shall be required to acknowledge receipt of the Formal Addendum by signing in the space provided. Failure to acknowledge Addendum shall deem the bid non-responsive; provided, however, that pursuant to section 2.27, the FSA may waive this requirement in its best interest. The FSA will not be responsible for any explanation or interpretation made verbally or in writing except those made through the posting of a Formal Addendum. The bid submission constitutes acknowledgment of addenda to the specifications. Bids that fail to account for the specification addenda shall be determined to be nonresponsive; however, that pursuant to section 2.27, the FSA may waive this requirement in its best interest. After the start of the contract term, FSA will notify all vendors of any addenda and will require acknowledgement of the new terms and conditions. If the vendor does not agree to the new terms and conditions, the vendor’s award can be removed or replaced by another vendor or qualified responsive bidder. 1.25 SIGNED BID CONSIDERED AN OFFER The signed Bid shall be considered an offer on the part of the bidder, which offer shall be deemed accepted upon approval by the FSA and in case of default on the part of successful bidder, after such acceptance, the FSA may procure the items or services from other sources. The bid submission must be signed by an authorized representative. An electronic signature may be used and shall have the same force and effect as a written signature. 1.26 ASSIGNMENT OF CONTRACT No right or interest in this Contract may be assigned, transferred, conveyed, sublet or otherwise disposed of, without prior written consent of the FSA. If the original vendor sells or transfers all assets or the entire portion of the assets used to perform this Contract, a successor-in-interest must perform all obligations under this Contract. FSA reserves the right to FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 13 reject the acquiring entity as vendor. A change of name agreement will not change the contractual obligations of the vendor. 1.27 TERMINATION OF PRODUCT LINE If a vendor terminates a product line (manufacturer or brand), the vendor is required to notify the FSA within 10 business days of the decision not to retain the product line. In the event a manufacturer reassigns the product line to an alternate vendor, the manufacturer and the vendor are required to immediately notify the FSA in writing of the change within 10 business days confirming the reassignment. If the vendor is not already an approved FSA vendor, the vendor is required to apply to the FSA to become an approved vendor prior to conducting any qualified sales. The vendor and the manufacturer are required to honor the contract pricing and all of the applicable terms and conditions throughout the remaining term of the contract. 1.28 METHOD OF AWARD The award is made to responsive and responsible bidders. FSA uses its discretion in determining if bids meet the requirements of this solicitation. The FSA reserves the right to make multiple awards within a specification, if deemed in the best interest of the FSA and the purchasers. Awards will be posted on the FSA website according to the date posted in the bid calendar. 1.29 DEMONSTRATION OF COMPETENCY Bidders must be able to demonstrate a good record of performance for a reasonable period of time, and have sufficient financial support, equipment and organization to ensure they can satisfactorily execute the services if awarded a contract under the terms and conditions herein stated. The terms "equipment” and “organization" as used herein shall be construed to mean a fully equipped and well established company in line with the best business practices in the industry and as determined by the FSA. The FSA may consider any evidence available regarding the financial, technical and other qualifications and abilities of a Bidder, including past performance with the FSA in making the award. The FSA may require bidders to show proof that they have been designated as authorized representatives of a manufacturer or supplier which is the actual source of supply. In these instances, the FSA may also require information from the source of supply regarding the quality, packaging and characteristics of the products. Any conflicts between this material information provided by the source of supply and the information contained in the bid submission may render the bid nonresponsive. Pre-award inspection of the Bidder's facility may be made prior to the award of contract. Bids will only be considered from firms which are regularly engaged in the business of providing the goods or services as described in this Bid. FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 14 Information submitted in the bid may not be plagiarized and, except in the case of materials quoted from this solicitation or developed by the manufacturer, must be the original work of the individual or company that submits the bid for evaluation. 1.30 VENDOR ABILITY TO PERFORM During the contract period, FSA may review the vendor’s record of performance to ensure that the vendor is providing sufficient financial support, equipment and organization. If the FSA determines that the vendor no longer possesses the financial support, equipment and organization in order to comply with this section, FSA has the authority to immediately terminate the contract awarded. By responding to this procurement the vendor warrants that, to the best of his or her knowledge, there is no pending or threatened action, proceeding, or investigation, or any other legal or financial condition, that would in any way prohibit, restrain, or diminish the vendor’s ability to satisfy the obligations of the Contract. The vendor warrants that neither it nor any affiliate is currently on the convicted vendor list maintained pursuant to section 287.133 of the Florida Statues, or on any similar list maintained by any other state or the federal government. The vendor shall immediately notify the FSA and purchaser in writing if its ability to perform is compromised in any manner during the term of the contract. 1.31 FINANCIAL RESPONSIBILITY Bidder affirms by the signature on the contract signature page that the bidder: • Has fully read and understands the scope, nature, and quality of work to be performed or the services to be rendered under this bid, and has the adequate facilities and personnel to fulfill such requirements; • Accepts the financial responsibility associated with this bid, and declares that he or she has the access to capital (in the form of liquidity or credit lines) in order to meet the financial demands of such award; and • Has assessed the financial responsibility required to serve the contract as bid, including such details as the obligations to perform all specifications bid, zones bid, and quantities that could be ordered, as well as timing of payment from purchasers, which can be 45 calendar days from receipt of invoice. 1.32 QUALITY AND SAFETY All materials used for the manufacture or construction of any supplies, materials or equipment covered by this bid shall be new. The items bid must be new, the latest model, of the best quality, and highest grade workmanship that meet or exceed federal safety standards. Products requiring certification should require certification of options in cases where non-certified options could result in the decertification of the original product or warranty. In all cases where options are not certified, the Vendor must disclose to the end user that the non-certified options are not required to be certified. All options must meet or exceed federal safety standards. FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 15 1.33 NONCONFORMANCE Items may be tested for compliance with specifications. Items delivered that do not conform to specifications may be rejected and returned at the vendor's expense. Items not meeting the specifications and items not delivered within a reasonable period of time after expected delivery date may be purchased outside of the FSA contract. Any violation of these stipulations may also result in: • Vendor's name being removed from the awarded vendor list. • FSA and purchasers being advised not to do business with vendor. 1.34 GRATUITIES Proposers shall not offer any gratuities, favors, or anything of monetary value to any official, employee, or agent of the FSA, for the purpose of influencing consideration of this bid. 1.35 TIE BIDS FSA has the right to award multiple bidders the primary or alternate award in the event of a tie. In the event the FSA desires to break tie bids, and both businesses have qualifying drug-free work programs, the award will be made using the following criteria: • Bidder Within the State of Florida • Vendors performance record with purchasers • Coin Toss 1.36 RIGHT TO AUDIT Vendor shall establish and maintain a reasonable accounting system that enables FSA to readily identify Vendor’s sales. FSA and its authorized representatives shall have the right to audit and to make copies of all related records pertaining to this contract, including all government sales and eligible users information whether kept by or under the control of the vendor, including, but not limited to those kept by its employees, agents, assigns, successors, sub-vendors, or third party suppliers in whatever form they may be kept – written or electronic. Such records shall include, but not be limited to: • Accounting records, including paid vouchers, cancelled checks, deposit slips, ledgers, and bank statements; • Written policies and procedures; • Subcontract files (including proposals of successful and unsuccessful bidders, bid recaps, etc.); • Original estimates or work sheets; • Contract amendments and change order files; FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 16 • Insurance documents; or • Memoranda or correspondence. Vendor shall maintain such records during the term of this Contract and for a period of three (3) years after the completion of this Contract. At the vendor’s expense and upon written notice from FSA, the vendor shall provide such records for inspection and audit by FSA or its authorized representatives. Such records shall be made available to FSA during normal business hours within three business days of receipt of the written notice. FSA may select the vendor’s place of business or offsite location for the audit. The FSA may also request the vendor provide requested records via e-mail. Vendor shall ensure FSA has these rights with Vendor’s employees, agents, assigns, successors, and third party supplier and the obligations of these rights shall be explicitly included in any subcontracts or agreements formed between the Vendor and any Sub-Vendors to the extent that those subcontracts or agreements relate to fulfillment of the Vendor’s obligations to FSA. Professional fees, personnel costs and travel costs incurred by FSA under its authority to audit and not addressed elsewhere will be the responsibility of the FSA. However, if the audit identifies under reporting, overpricing or overcharges (of any nature) by the vendor to FSA or a customer in excess of three percent (3%) of the total contract billings, the vendor shall reimburse FSA for the total costs of the audit not to exceed $5,000. If the audit discovers substantive findings related to fraud, misrepresentation, or non- performance, FSA may recoup all the costs of the audit work from the vendor. Any adjustments or payments that must be made as a result of any such audit or inspection of the vendor’s invoices or records shall be made within a reasonable amount of time (not to exceed 60 calendar days) from presentation of FSA’s findings to Vendor. FSA has the right to assess damages or seek reimbursements or refunds based on audit results. 1.37 LIABILITY, INSURANCE, LICENSES AND PERMITS Where vendors are required to enter or go onto FSA or purchaser property to deliver materials or perform work or services as a result of a bid award, the vendor will assume the full duty, obligation and expense of obtaining all necessary licenses, permits and insurance and assure all work complies with all applicable county and municipal code requirements. The vendor shall be liable for any damages or loss to the FSA or purchaser occasioned by negligence of the vendor or any person the vendor has designated in the completion of the contract as a result of the bid. 1.38 BID BONDS, PERFORMANCE BONDS, CERTIFICATES OF INSURANCE Bid Bonds, when required, shall be submitted with the bid in the amount specified in Bidder Instructions. After acceptance of bid, the FSA will notify the successful bidder to submit the applicable certificates of insurance in the amounts specified in the Bidder Instructions and/or Insurance Checklist. Purchaser may request a performance bond from a vendor. Performance Bonds are recommended with pre-payment and will be at the expense of the requesting agency. Purchasers should determine the best practice in comparing performance bond expense against any prior discounts that may be available. FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 17 1.39 ELIMINATION FROM CONSIDERATION This Invitation to Bid shall not be awarded to any person or bidder who has outstanding debts to the FSA, whether in relation to current or previous bid awards or for other business purposes. 1.40 COLLUSION Collusion is a non-competitive secret or sometimes illegal agreement between rival bidders that attempts to disrupt the contract process equilibrium. Collusion involves people or companies that would typically compete, but are conspiring or working together in which the outcome results in an unfair bid advantage. The parties may collectively choose to agree to increase or decrease its product base price in one or more zones to maximize awards thus denying the public a fair price. Examples of Bid Collusion: • Cover bidding: a competitor agrees to submit a non-competitive bid that is too high to be accepted or contains terms that are unacceptable to the buyer. • Bid suppression or withdrawal: a competitor agrees not to bid or to withdraw a bid from consideration. • Market sharing: a competitor agrees to submit bids only in certain geographic areas or only to certain public organizations. • Bid rotation: competitors agree to take turns at winning business while monitoring their market shares to ensure they all have a predetermined market share. Bidders or vendors who have been found to have engaged in collusion will be considered nonresponsive, and will be suspended or barred from bid participation. Any contract award resulting from collusive bidding may be terminated for default. Further, any collusion that is detected by the FSA may be reported to relevant law enforcement and/or prosecutorial agencies. Bidders may submit multiple bids without conflict of collusion if the bid submitted is not from the same manufacturer and product line. Dealers which share the same ownership may submit multiple bids without conflict of collusion if the bidders are not in the same region featuring the same manufacturer and product line. 1.41 DEFAULT Failure or refusal of a bidder to execute a contract upon award or withdrawal of a bid before such award is made, may result in forfeiture of any bid surety required that is equal to damages incurred by the FSA there from, or where surety is not required, failure to execute a contract as described above may be grounds for removing the bidder from the awarded vendor’s list. In case of default on the part of awarded bidder, the FSA may take necessary steps to otherwise procure the products sought, including but not limited to procuring the products or services from the next highest FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 18 ranked bidder or from other sources. A defaulting bidder may be held liable for costs incurred by the FSA in procuring replacement products. 1.42 PROTESTS AND ARBITRATION Options are for informational purposes only and will not serve as a basis for protest. Any person who is adversely affected by the decision or intended decision to award shall file a “Notice of Protest” in writing to the FSA within three (3) business days after the posting of the Intent to Award and shall file a formal written protest within five (5) business days after filing the Notice of Protest. Failure to file both a notice of protest and a formal written protest within the above referenced timelines shall constitute a waiver of proceedings. The burden is on the party protesting the award of the bid to establish grounds for invalidating the award(s). The formal written protest must state with particularity the facts and law upon which the protest is based. Failure to do so will result in a denial of protest. Formal written protest which states with particularity the facts and law upon which the protest is based will be reviewed by FSA legal counsel for legal soundness and validity, and corrective action will be taken as needed contingent upon the validity of such claims. However, any additional time required and cost incurred by the FSA to substantiate a protesting party’s claim(s) beyond the normal scope of its legal review due to the vague or inconclusive nature of the protesting party’s filing will be reimbursable to the FSA and deducted from the protesting party’s bond or security which must accompany their filing. Any bidder who files an action protesting a decision or intended decision pertaining to this contract shall post a bond, cashier’s check or money order payable to the Florida Sheriffs Association in the amount equal to ten percent of the product line being protested. The bond, cashier’s check or money order must be filed at the time of filing the formal written protest or within the five (5) business day period allowed for filing the formal written protest. FSA will provide the amount required within two (2) business days of the notice of protest received. This bond or security will be conditioned upon the payment of all costs which may be adjudged against the protesting party in a court of law and/or to reimburse the FSA for additional legal expenses incurred and required to substantiate the protesting party’s claim(s). Failure to post the bond or security requirement within the time allowed for filing will result in a denial of protest. The filing of the protest shall not stay the implementation of the bid award by the Florida Sheriffs Association. Should the unsuccessful bidder(s) decide to appeal the decision of the FSA, they shall file a notice to FSA within three (3) business days of the FSA bid protest decision regarding their intent to request arbitration. A demand for arbitration with the American Arbitration Association’s (AAA) commercial panel under its rules and regulations must be made within ten (10) business days of the FSA bid protest decision. Any person who files for an arbitration with the AAA shall post with the Florida Sheriffs Association at the time of filing the formal written arbitration request, a bond, cashier’s check or money order payable to the Florida Sheriffs Association in the amount equal to ten percent of the product line being protested. This amount will be the same amount as the FSA provided at the time of filing the initial protest. Failure to provide written notice to FSA, file a demand for arbitration with the AAA, or failure to post the required bond and security requirement within the specified timelines shall constitute a waiver of arbitration proceedings. By responding to this procurement the bidder expressly agrees to the use of mandatory binding arbitration to resolve any appeals of the decision of the FSA, and any claims arising from or in any way relating to the procurement process, and expressly waives any and all rights that it may otherwise have to pursue such claims in any other forum, judicial or otherwise. FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 19 If the party filing for arbitration does not prevail, it shall pay all costs, legal expenses and attorney fees of the prevailing party incurred in connection with the arbitration. However, if the filing party prevails, the parties shall share equally the fees and expenses of the arbitration and AAA and each shall bear the cost of their own attorney fees. The filing for arbitration shall not stay the implementation of the bid award by the Florida Sheriffs Association. 1.43 NONPERFORMANCE By virtue of the bid submission, bidder acknowledges its obligation to sell vehicles and equipment in all zones for which it is awarded. Failure of the bidder to comply with these requirements may result in the imposition of liquidated damages of up to $1,000 per vehicle/equipment, which amount the vendor agrees is reasonable, or probation, suspension, termination or a combination thereof from current and future bids at the FSA’s discretion. The vendor shall at all times during the contract term remain responsive and responsible. In determining vendor’s responsibility, the FSA shall consider all information or evidence that demonstrates the vendor’s ability or willingness to fully satisfy the requirements of the solicitation and the contract. Vendors that are not in compliance with any of the provisions of this contract can be assessed liquidated damages, suspended or terminated from the contract. The FSA at its sole discretion may remove a noncompliant vendor from future competitive bid solicitations; or take other actions including suspension from the contract until compliance issues are resolved, limit current or future vendor participation by specifications or zones, or other actions as determined by FSA at its sole discretion. At FSA’s discretion, vendors may be required to develop corrective action plans to address contract compliance. Failure to abide by corrective action plans will result termination from the existing contract and future competitive bid solicitations at the discretion of the FSA. In situations where there is evidence that the vendor has engaged in egregious breaches of the contract with respect to either the FSA and/or the purchaser, the contract can be terminated and the vendor will be removed from future solicitations for a period of up to three (3) years, or a permanent ban from the bid process at the sole discretion of FSA. Specific conditions for termination include, but are not limited to; failure to perform, refusal to accept orders during the contract period while manufacturer orders are still being accepted for current model year or the new year if the vehicle is price protected by the factory, charging amounts exceeding MSRP on factory or vendor installed items and packages, requiring the purchase of additional options over and above the base vehicle as a condition of acceptance of order, providing aftermarket options where factory options are available without the consent of the purchaser, any misrepresentation of optional equipment or service as being factory that fails to meet the definition as described in this document, and any other practice deemed to be inconsistent with the intent of the contract. Any vendor presented with a valid purchase order is required by this contract to accept such purchase order and deliver the product. Orders must be fulfilled if the vehicle or equipment is a base model or whether it includes options. The vendor must deliver this product if they were awarded the contract – regardless of profit or loss. Failure to deliver the vehicles or equipment may result in the purchaser seeking damages for the difference of cost to issue the exact same order with another vendor plus any legal fees and damages that may be FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 20 incurred in the process to facilitate a completed order. Additionally, FSA may seek damages for nonpayment of administrative fees, to which FSA is entitled, according to Section 3.28 and any attorney’s fees incurred in the recovery of these damages. All terms and conditions are applicable throughout the term of the contract and not any given Year, Make or Model. 1.44 SEVERABILITY In the event any provision of this contract is held to be unenforceable for any reason, the unenforceability thereof shall not affect the remainder of the contract which shall remain in full force and effect and enforceable in accordance with its terms. 1.45 TERMINATION FOR CAUSE If through any cause within the reasonable control of the vendor, it shall fail to fulfill in a timely manner, or otherwise violate any of the terms of this contract, the FSA shall have the right to terminate the services remaining to be performed. Written notice of the deficiencies shall be given to the vendor and unless the deficiencies are corrected within 10 business days, the Contract may be terminated for cause immediately. The right to exercise the option to terminate for cause shall be in the sole discretion of the FSA, and the failure to exercise such right shall not be deemed to constitute a waiver of this right. In that event, the FSA shall compensate the successful bidder in accordance with the contract for all services performed by the bidder prior to termination, net of any costs incurred by the FSA as a consequence of the default. Notwithstanding the above, the vendor shall not be relieved of liability to the FSA for damages sustained by the FSA by virtue of any breach of the contract by the vendor, and the FSA may reasonably withhold payments to the vendor for the purposes of off set until such time as the exact amount of damages due the FSA from the vendor is determined. 1.46 TERMINATION WITHOUT CAUSE The FSA can terminate the contract in whole or part without cause by giving written notice to the vendor of such termination, which shall become effective 30 calendar days following receipt by vendor of such notice. In that event, all finished or unfinished documents and other materials shall be properly delivered to the FSA. The vendor shall not furnish any product after it receives the notice of termination, except as necessary to complete the continued portion of the contract, if any. The vendor shall not be entitled to recover any lost profits that the vendor expected to earn on the balanced of the Contract or cancellation charges. Any payments to the vendor shall be only to the total extent of the FSA liability for goods or services delivered prior to the date of notice to terminate the contract. 1.47 CONTRACT ADVERTISMENT AND USE OF FSA LOGO FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 21 The CPP logo is an official logo of the Florida Sheriffs Association designed to promote the program. The logo may be used by vendors in accordance with this policy. Use of the logo is limited to the original version received from the FSA. Modifications are not permitted. Methods of use include, but are not limited to: • Electronic mediums such as websites, digital marketing campaigns, social media and e-mail; or • Print media such as forms, marketing campaigns, business cards, posters, banners, brochures, flyers and postcards. Vendors may request the logo by contacting cpp@flsheriffs.org, and should include a brief description of the how the vendor intends to use the logo. The official FSA sheriff's star and wreath logo may not be used without prior written permission. FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 22 2.0 BIDDER INSTRUCTIONS 2.01 BIDDER QUALIFICATIONS In order for bids to be considered, bidders who are not currently parties to the existing contract must provide the following material at the time the mandatory qualifying documents are due. FSA reserves the right to accept this information up and until the final award. The purpose of requesting this information is to demonstrate that they are qualified to satisfactorily perform as an awarded vendor. The bidder shall provide information as on the Bidder Qualifications Form: • Bidder company name and parent company, if applicable • Complete business address • State of incorporation • Length of time in business • Names and contact information for key personnel • Dun & Bradstreet Business Information Report Snapshot • Identify a minimum of three contracts of similar size and scope • Identify a minimum of three references for vehicle or equipment sales to government agencies • Any contracts the bidder has been disqualified from, terminated from or found in default on, to include the reason for disqualification, termination or default 2.02 LICENSING/FACILITIES Bidders are required to possess a Florida Motor Vehicle Dealer’s License in order to bid on any motor vehicle. Bidders must maintain a repair/warranty facility within the State of Florida to provide sales and service for the vehicles and equipment bid. If a bidder does not maintain a facility to perform warranty work or repair service within the state of Florida, the bidder must provide a detailed plan at the time of bid submission as to how the bidder would service Florida purchasers if awarded the contract. This Service Standard Plan must include: • Whether the warranty service provider is approved by the manufacturer; • Estimated quantities sold per item bid; • If the company plans to contract out for service a copy of the service agreement; and • Zone specific service plans to include: o Response time to initial call from purchaser, o Number of personnel available to service the contract, o Qualifications of personnel providing warranty work, and o Any additional information that would detail how warranty service would be provided. The sufficiency of Service Standard Plan will be evaluated by the FSA during the bid evaluation. The FSA reserves the right to periodically request additional or updated information from a bidder regarding the repair/warranty facility during the solicitation and the term of the contract, if awarded. The FSA may also exercise discretion in examining such facility as deemed necessary. 2.03 INSURANCE AND INDEMNIFICATION FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 23 Vendor shall be fully liable for the actions of its agents, employees, partners, or third party suppliers and shall fully indemnify, defend, and hold harmless the Florida Sheriffs Association, the participating agencies, and their officers, agents, and employees from suits, actions, damages, and costs of every name and description, including legal counsels’ fees, arising from or relating to personal injury and damage to real or personal tangible property alleged to be caused in whole or in part by bidder, its agents, employees, partners, or third party suppliers; provided, however, that the bidder shall not indemnify for that portion of any loss or damages resulting directly from the negligent acts or omissions of the Florida Sheriffs Association and participating agencies or proximately caused by intentional wrongful acts or omissions of the Florida Sheriffs Association and participating agencies. Vendor’s obligations under the above paragraph with respect to legal action are contingent upon the Florida Sheriffs Association and/or participating agencies giving the bidder (1) written notice of any action or threatened action, and (2) the opportunity to take over and settle or defend any such action at bidder’s sole expense. Vendor shall not be liable for any cost, expense or compromise incurred by the Florida Sheriffs Association, or participating agencies, in any legal action without bidder’s prior written consent, which consent shall not be unreasonably withheld, conditioned, or delayed. The vendor shall be responsible for the work and every part thereof, and for all materials, tools, appliances and property of every description, used in connection with this particular project. The vendor shall specifically and distinctly assume, and does so assume, all risks of damage or injury to property or persons used or employed on or in connection with the work and of all damage or injury to any person or property wherever located, resulting from any action or operation under the contract or in connection with the work. It is understood and agreed that at all times the vendor is acting as an independent contractor. The vendor at all times during the full duration of work under this contract, including extra work in connection with this project shall meet the requirements of this section. The vendor shall maintain automobile liability insurance including property damage covering all owned, non-owned or hired automobiles and equipment used in connection with the work. The vendor shall maintain comprehensive general liability insurance and general aggregate insurance in the amount and coverage levels specified on the Insurance Checklist. The vendor shall maintain insurance to cover garage operations in the amount specified on the Insurance Checklist. No change or cancellation in insurance shall be made without 30 calendar days written notice to the FSA. All insurance policies shall be issued by companies authorized to do business under the laws of the State of Florida and these companies must have a rating of at least B+: VI or better per Best's Key Rating Guide, latest edition. Copies of original signed Certificates of Insurance, evidencing such coverages and endorsements as required herein shall be provided no later than five business days before the contract award date. The certificate must state Bid Number and Title. The vendor may not begin performance under the contract until such Certificates have been approved by the FSA. Upon expiration of the required insurance, the vendor must submit updated certificates of insurance for as long a period as any work is still in progress. FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 24 It is understood and agreed that all policies of insurance provided by the vendor are primary coverage to any insurance or self-insurance the FSA possesses that may apply to a loss resulting from the work performed in this contract. All policies issued to cover the insurance requirements herein shall provide full coverage from the first dollar of exposure. No deductibles will be allowed in any policies issued on this contract unless specific safeguards have been established to assure an adequate fund for payment of deductibles by the insured and approved by the FSA. The liability insurance coverage shall extend to and include the following contractual indemnity and hold harmless agreement: The vendor hereby agrees to indemnify and hold harmless the FSA, a 501(c)3, its officers, agents, and employees from all claims for bodily injuries to the public and for all damages to the property per the insurance requirement under the specifications including costs of investigation, all expenses of litigation, including reasonable legal counsel fees and the cost of appeals arising out of any such claims or suits because of any and all acts of omission or commission of any by the vendor, his agents, servants, or employees, or through the mere existence of the project under contract. The foregoing indemnity agreement shall apply to any and all claims and suits other than claims and suits arising out of the sole and exclusive negligence of the FSA, its officers, agents, and employees, as determined by a court of competent jurisdiction. The vendor will notify the insurance agent without delay of the existence of the Hold Harmless Agreement contained within this contract, and furnish a copy of the Hold Harmless Agreement to the insurance agent and carrier. The vendor will obtain and maintain contractual liability insurance in adequate limits for the sole purpose of protecting the FSA under the Hold Harmless Agreement from any and all claims arising out of this contractual operation. The vendor will secure and maintain policies of third party suppliers. All policies shall be made available to the FSA upon demand. Compliance by the vendor and all third party suppliers with the foregoing requirements as to carrying insurance and furnishing copies of the insurance policies shall not relieve the vendor and all third party suppliers of their liabilities and obligations under any section or provisions of this contract. Vendor shall be as fully responsible to the FSA for the acts and omissions of the third party suppliers and of persons employed by them as he is for acts and omissions of persons directly employed by the vendor. Insurance coverage required in this contract shall be in force throughout the contract term. The required Insurance Checklist summarizes the bidder’s insurance obligations, if awarded. The FSA can request and the vendor shall furnish proof of insurance within seven calendar days of receipt of the written request from FSA. Should the vendor fail to provide acceptable evidence of current insurance during the contract term, the FSA shall have the right to consider the contract breached and justifying the termination thereof. If bidder does not meet the insurance requirements; the FSA may consider alternate insurance coverage. FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 25 2.04 SPECIFICATIONS All units covered by this Contract and the specifications shall be the manufacturer’s current basic production model, and shall, as a minimum, be equipped with all standard factory equipment in accordance with the manufacturer’s latest literature unless otherwise noted in the bid document. If awarded, bidders must supply a unit that either meets or exceeds all the requirements included in the applicable detailed specifications. The bid specifications are contained on the FSA bid system. The FSA base specifications are incorporated in this document by reference. All bidders will be required to provide information requested on the FSA bid system or may have their bid rejected. All vehicles, equipment, and options provided must be designed, constructed, and installed to be fully suitable for their intended use and service. 2.05 FIXED PRICES If the bidder is awarded a contract under this Invitation to Bid, the prices quoted by the bidder at the time of bid submission shall remain fixed and firm during the term of this contract, unless otherwise addressed in a contract extension or price adjustment as provided in this Contract. 2.06 DISCOUNTS Discounts listed in heavy vehicle and heavy equipment bids shall be below Manufacturer’s Standard Retail Pricing (MSRP) or manufacturers published list price for any vehicle, equipment and options. The vendor has the authority to offer additional discounts based on quantity, as well as additional manufacturer or vendor discounts. Discount ranges are not permissible. Discounts must be a whole, positive percentage with no decimal place (e.g. 10%). 2.07 SEALED BIDS For purposes of this solicitation, a sealed bid is considered a bid submitted using VendorLink. 2.08 EXCEPTIONS, OMISSION AND ERRORS Any exceptions, deviations, or contingencies a bidder may have to specifications or Contract Conditions, Section 3.0 of this document, must be documented in bidder’s submission. Exceptions to the specifications at the time of the bid submission shall reference the specification or item number and a written explanation for the request for exception. At FSA’s discretion, exceptions, deviations, or contingencies to the specifications or Contract Conditions stipulated by the bidder may result in disqualification of a bidder’s submission. FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 26 Specifications are based on the most current manufacturer literature available. Bidders should immediately notify the FSA of any inaccuracies in the specifications or required submittal documents. All notifications of inaccuracies must be in writing and timely submitted. Failure of a bidder to comply with these provisions will result in bidders being held responsible for all costs required to bring the vehicle into compliance with the contract specifications. Exceptions, deviations or contingencies to the General Conditions or Bidder Instructions, other than those determined to constitute minor irregularities and waived by the FSA pursuant to Section 2.26, may be cause for the rejection of a bidder’s submission. 2.09 MISTAKES Bidders are expected to examine the specifications, delivery schedules, bid prices and all information pertaining to servicing this contract before submitting a bid. Failure to do so will be at the bidder's risk. 2.10 EQUIVALENTS Bidders must first request approval from the FSA before submitting a bid that includes an equivalent that will supplement an item on the base specification. The FSA will determine whether the proposed equivalent is equal to or exceeds the quality, design and construction than the intended replacement item in the base specification. Bidders must provide the manufacturer name and model number (or product identifier) of each equivalent when seeking approval. Complete, descriptive, technical literature should demonstrate that the equivalent conforms with specific replacement item. If the equivalent is approved, the bidder must include the supporting material in the bid submission. Bids will not be considered without this information. If a bid uses equivalents without prior approval, the bid will be deemed nonresponsive. Vendors offering alternate makes and manufacturers of vehicles or equipment that are not specifically identified in the bid, cannot publish or offer the unapproved equivalents. Offerings of this nature will cause the bid to be rejected. If such offerings are identified after the award has been granted, the offerings, specification or entire award can be removed by the FSA. When selling equivalents, vendors must disclose to the purchaser that an approved equivalent is being offered. 2.11 MANDATORY PRE-BID MEETING Prospective bidders are required to attend or participate in the mandatory Pre-Bid Meeting in accordance with FSA requirements. The Pre-Bid Meeting is designed for vendors, the Fleet Advisory Committee and the FSA to meet in person to clarify questions on the terms and conditions and to confirm all base specifications are correct. FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 27 Bidders have the opportunity to suggest technical modifications or corrections before the specifications are finalized Questions relating to the specifications, the bid process, or award can be asked at the Pre-Bid Meeting. FSA reserves the right to grant attendance exceptions to the mandatory meeting if the bidder has requested authorization, signs a memo of understanding to agree to meet all the terms and conditions without exception and further waives their right to protest the bid process in its entirety or any portion thereof. 2.12 QUALIFICATION Prospective bidders are required to complete the qualification forms by the date listed on the Bid Calendar. A bidder becomes a qualified bidder if they comply with this section and Section 2.10, Mandatory Pre-Bid Meeting. Qualification forms include: • Drug-Free Workplace Form • Insurance Checklist • Manufacturer Authorization Form for each manufacturer bid for Contract FSA20-VEH18.0 and FSA 20-EQU18.0 • Manufacturer Authorization Forms are not required for Contract FSA20-VEL28.0 • Emergency Vehicle Technician (EVT) Certification, if bidder is offering emergency lighting and sirens • Qualified Bidder documentation, as required in Section 2.01 The qualification forms are located on the bid system. 2.13 PRICES QUOTED Prices submitted as indicated in the sealed bid are final. Bidders acknowledge that prices quoted will be valid for a period of sixty (60) calendar days from the date of bid opening. Each specification, make, and model must be priced and bid separately. Prices quoted in the bid submission should reflect the final amount the bidder can expect to receive for payment for the specifications bid for the duration of the contract award, unless otherwise addressed by a contract extension or price adjustment as provided in the contract. These prices must be inclusive of all of the components included in the base specification. Prices bid, including options, must include the administrative fee FSA charges to administer the contract, as outlined in Section 3.28. Prices must be Free On Board (FOB) destination. Once awarded, the vendor has the authority to offer discounts for prompt payment. Cash or quantity discounts offered will not be a consideration in determination of award of the bid. FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 28 2.14 OPTION PRICING The bidder shall offer discount below Manufacturer’s Standard Retail Pricing (MSRP) or manufacturers published list price for any factory options included in the bid submission and quotes to purchasers, if awarded. FSA requests vendors include most frequently purchased scheduled, factory and aftermarket options in the bid. Options are intended to add or delete equipment or features from the base specification. Options can provide an upgrade or downgrade to a manufacturer’s model, such as a slightly different engine size or horsepower, and should not be made available for purchase separate from the base vehicle or equipment. Bidders shall NOT use options to create a vehicle or equipment that is entirely different than the FSA base specification or are available as another specification bid on this ITB. Bidder must use proper factory codes for all factory options. Options available through the factory may be bid and supplied to purchaser as “factory” options, unless otherwise requested in writing by the purchaser. The FSA has the discretion to disqualify bidders if the option pricing is excessive or if options listed are not available for the item bid. Option pricing will include all costs of labor associated with the option and cost of labor should not be listed separately within the bid. Section 2.15 contains specific instructions and exceptions for emergency lights and sirens. If a bidder will offer registration and title services as a fee for service, the bidder must include the administrative fee as a separate option (i.e. line item) for each item bid, see Section 3.23 for additional details. Government imposed fees should not be included in this option pricing. No other additional charges or fees are admissible. For purposes of this bid, Emergency Lights and Sirens will require a separate pricing sheet upload in the bid system. See Section 2.14 for details on emergency lights and sirens. If options are not available as a stand alone option, the bidder must indicate in their bid submission any option requiring the purchase of other options, and also indicate options that are a part or dependent of another option. Factory package options are allowable under this contract. Factory package options must be included in the options within the bid document and detailed specifically as to what components the package includes. When calculating the price for a manufacturer’s option requested in this bid that is not listed as an option in the manufacturer’s order guide (i.e. model or engine upgrade), the bidder must calculate the option price as the net difference between vendor cost on the representative base vehicle and the total MSRP of the requested option modifying the vehicle. A bidder may bid less than this price, but at no time charge more than the calculation provided here. The use of options to facilitate the sale of an alternate manufacturer’s product which is outside the scope of the written base specification will be determined nonresponsive and the bid will be rejected in whole or part by the FSA. FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 29 Example: Bidder CANNOT include option upgrades that result in the selling of a vehicle or truck on one specification that is offered as a separate specification in the bid solicitation. For example, a Vendor who is awarded the bid for 25,500 lb. GVWR Cab & Chassis cannot upgrade this item through an add option to a 30,000 lb. GVWR Cab & Chassis in order to circumvent the bid award winner for the 30,000 lb. GVWR Cab & Chassis. Purchasers are encouraged to negotiate option pricing with vendors. Discounts can be provided beyond option prices listed in the contract. The additional discounts for each add option shall be decided by the vendor. Option Upload The bid system will accept option information from bidders through a .pdf file upload. The option information required for the bid submission of the options under each bid specification number include: • Bid Item number (FSA item specification number) • Order code (Manufacturer order code) • Description • Price The options will correspond to the specification or item number. Multiple options may be listed for each each specification or item number bid. Therefore, bidders that do not indicate the correct item number with the option information bid will not have options displayed for the item bid. If option pricing is not uploaded correctly, FSA may require bidders to correct the formatting of the options, but pricing may not be modified. Failure of the bidder to make corrections may cause the bid to be rejected. If the bidder wishes to offer credit to the purchaser for an option that is standard on the FSA base specification, the bidder should include the word “Credit” at the beginning of the description, and continue to describe the option being credited. For example, “Credit: one key fob” that corresponds with the price the bidder will credit the purchaser. 2.15 EMERGENCY LIGHTS AND SIRENS Under Florida Statute 316.003(1), authorized emergency vehicles are defined as: Vehicles of the fire department (fire patrol), police vehicles, and such ambulances and emergency vehicles of municipal departments, public service corporations operated by private corporations, the Fish and Wildlife Conservation Commission, the Department of Environmental Protection, the Department of Health, the Department of Transportation, and the Department of Corrections as are designated or authorized by their respective department or the chief of police of an incorporated city or any sheriff of any of the various counties. Bidders that will provide or contract to provide emergency light and siren installation must also submit Emergency Vehicle Technician Certifications for the individuals working for the bidder or the designated third-party supplier who will perform the installation. FSA reserves the right to accept certifications up and until final award. Vendors that will install emergency lights and sirens are required to provide and install products that are Society of Automotive Engineers (SAE) certified. SAE Certifications must include Class 1, Class 2 and Class 3 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 30 in order to be eligible for participation in the Contract. If a lighting or siren product installed on an emergency vehicle is not SAE Certified, the vendor can be found in default of the Contract. Prices submitted for emergency lights and sirens shall include all applicable government imposed fees. Labor may be charged for the installation of emergency lights and sirens. Labor rates must be disclosed as part of the bid submission. For vehicles that are manufacturered with emergency lights and sirens, including motorcycles, bidders may not charge for labor, emergency lights or sirens that come from the factory equipped with these features as standard equipment. Bid Submission of Emergency Lights and Sirens Bidders will be asked to provide pricing for emergency lights and sirens by submitting a pricing sheet. The bid system will receive pricing through a standardized Excel file. The pricing sheet will include: • Group • Order code • Description • Price (part only) • Labor hours • Labor cost per hour 2.16 SUBMITTAL OF BID Bidders are required to submit a bid using the FSA bid system, VendorLink. Bid submissions include pricing for the base specification, option descriptions and pricing, and any applicable lighting/siren pricing, as well as all other required documentation. The bid must be received by the date and time specified on the Bid Calendar. Failure to meet all submission requirements by the date indicated on the Bid Calendar will result in rejection of the bid. Bid System: VendorLink Bidders must submit their bid electronically using the on the FSA bid system, which is located at https://www.myvendorlink.com. Bids not submitted within VendorLink will be rejected. Bidders are encouraged to participate in training provided for Vendorlink. User names and passwords will be issued to qualified after registering in the bid system, qualified bidders will be invited to bid. Prices are to be rounded to the nearest whole dollar (i.e. $10, not $10.05). The bid system allows for cents, however the bid evaluation is based on the whole dollar. If a bidder submits bid pricing using cents, the following formula will be applied: • $.01-.49 will be rounded down to the prior dollar bid (e.g. $50.49 = $50) • $.50-.99 will be rounded to the next dollar (e.g. $50.50 =$51) Bid Submission To ensure correct bid submittal and formatting, Bidders shall: 1. Submit bid electronically through the FSA bid system, VendorLink, for the applicable bid. FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 31 2. Input bid price in the bid system price field within each specification being bid. 3. Upload files only in MS Word (.doc or .docx), Excel (.xls or .xlsx), and PowerPoint (.ppt or .pptx); Adobe Portable Document Format (.pdf); or Compressed File (ZIP) formats. 4. Enable printing on files submitted. 5. Separate and identify each part of the submission (i.e. document type, form type, content type) with a divider/separation page.) 6. Bids must be input into the standardized format in VendorLink. 7. Contact VendorLink technical support at support@evendorlink.com, if technical difficulties arise during bid submission. 8. Follow all instructions outlined in this Invitation to Bid and provide all requested information. The bid submitted in VendorLink shall include the following documents: • Executed Contract Signature Page • Build sheet in a single merged .pdf document for each item bid as prescribed in the FSA bid system. o A build sheet is a document from the bidder or manufacturer that confirms that the vehicle or equipment bid matches the FSA base specification. If using the manufacturer’s print-out, the document shall include the FSA bid specification item number, and indicate the manufacturer’s base model code and display the standard equipment required to provide the base vehicle or equipment as outlined in the FSA base specification. For example, manufacturer print-outs can include Ford – Dora, General Motors – GM Autobook. Carbook Pro build sheets are acceptable. If vendor-installed aftermarket components are used to meet the base specification and these components must be identified on the build sheet. Build sheets for each item bid must be complied into a single .pdf document. Build sheets should be in numerical order by specification, clearly identifiable by specification or item number, and include model name and number. If FSA cannot determine which specification the build sheet is for, the item bid can be rejected as nonresponsive. • Option pricing required as a single merged .pdf document as prescribed in the FSA bid system. • Pricing Sheet for Emergency Vehicle Lights and Sirens, if applicable. • Emergency Vehicle Technician Certifications, if applicable. • Service Standard Plan, Section 2.02, if applicable. • Any requested equivalents, Section 2.10, or exceptions, Section 2.08. • Certificates of Insurance, as applicable for policies in existence at the time of bid submission FSA may ask awarded bidders to supply one hard copy set with original, written signatures and original compliance forms, prior to the contract execution. Hard copy bids should not be submitted unless specifically requested by FSA. 2.17 ZONE BIDDING Bidders are allowed to bid in one or more geographic zones. The zone map is included in Appendix B. A space is provided for the bidder to indicate pricing for each zone. The bidder only submits a bid for each zone if pricing is provided for each zone. FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 32 2.18 EXECUTION OF BID By submitting a response to this Invitation to Bid, the bidder agrees to the terms and conditions of this contract and to be bound by such terms and conditions if selected for award. The bidder must submit the Contract Signature Page with the signature of an authorized representative no later than the date of the final award. 2.19 MODIFICATION OR WITHDRAWALS OF BIDS A bidder may submit a modified bid to replace all or any portion of a previously submitted bid until the due date and time listed in the Bid Calendar. Modifications received after the bid due date and time will not be considered. Bids can be withdrawn in writing prior to the contract award. If a bidder believes that the bidder must withdraw the bid, the bidder must contact FSA immediately. Bid withdrawals are handled on a case by case basis, and can result in a limitation of participation in future bids. 2.20 LATE BIDS The responsibility for submitting a bid before the stated due date and time on the bid calendar is solely and strictly the responsibility of the bidder. The FSA is not responsible for delays caused by technical problems, any internet outages or delays incurred by electronic delivery, or any other occurrence. Any reference to time will be based on Eastern Time. 2.21 BID OPENING Bids shall be opened on the date and time specified on the Bid Calendar. The bid opening will occur at the Florida Sheriffs Association, 2617 Mahan Drive, Tallahassee, Florida. FSA shall read the bidder name and verify that the bidder successfully input the bid within the timeframe prescribed for bid submission in the Bid Calendar. 2.22 DETERMINATION OF RESPONSIVENESS Determination of responsiveness will take place at the time of bid opening and evaluation. In order to be deemed a responsive bidder, the bid must conform in all material respects to the requirements stated in the Contract. As set forth in section 2.27, FSA reserves the right to waive or allow a vendor to correct minor irregularities. 2.23 RESPONSIBLE BIDDER CRITERIA Bids will be evaluated to determine if eligibility and contract requirements are met. Responses that do not meet all requirements of this Invitation to Bid or fail to provide all required information, documents or materials may be rejected as nonresponsive. FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 33 Bidders whose responses, past performance, or current status do not reflect the capability, integrity, or reliability to fully and in good faith perform the requirements of the Contract may be rejected as non- responsible. In determining a responsible bidder, the following factors may be considered: • Adequacy of facilities, staffing, and financial resources; • Previous experience with FSA contract or other similar government contracts; • Ability to provide excellent customer service, including previous FSA contracts; • Any other information relevant to the responsibility of a vendor that FSA is aware of. In addition to the requirements of Section 2.01, FSA reserves the right to request staffing, performance and financial information from any bidder during the evaluation process if FSA determines this information is necessary to award the bid. FSA reserves the right to determine which responses meet the requirements, specifications, terms and conditions of the solicitation, and which bidders are responsive and responsible. FSA further reserves the right to limit participation of bidders who, in FSA’s sole discretion, are determined to present responsibility concerns that call into question the bidder’s ability to perform but that do not rise to the level of requiring rejection of the bidder as nonresponsible. 2.24 BASIS FOR AWARD The FSA shall make awards to the lowest bidder by specification, by manufacturer and by zone to bidders deemed to be responsive and responsible. Awards may also be made to the second and third lowest bidders by specification, by manufacturer and by zone, if applicable and determined to be in the best interest of the FSA and the purchaser. The Fleet Advisory Committee serves as the initial review for bid submissions. The Fleet Advisory Committee’s review is submitted to the FSA for final evaluation and determination of award. The options in the bid shall be for informational purposes only and will not serve as a basis for bid protest. However, the FSA has the discretion to consider option pricing in making the award if doing so would be in the best interests of the FSA or the purchaser. FSA reserves the right to accept or reject any and all bids, and to waive any minor irregularity, technicality or omission if it determines that doing so will serve the purchaser’s best interest. 2.25 FIRM BID Bidder warrants by virtue of bidding it is submitting a firm bid and the prices quoted in their bid response will be good for an evaluation period of sixty (60) calendar days from the date of bid opening, and if awarded through the duration of the contract unless otherwise addressed by a contract extension or price adjustment as provided in this contract. By virtue of the bid submission, bidder acknowledges its obligation to sell vehicles and equipment in all zones for which it is awarded. Failure of the bidder to comply with these requirements may result in the imposition of liquidated damages of up to $1,000 per vehicle or equipment, which amount the vendor FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 34 agrees is reasonable, or probation, suspension, termination or a combination thereof from current and future bids at the FSA’s discretion. 2.26 BID TABULATIONS The Bid Tabulation report will be posted on the FSA Cooperative Purchasing Program website after the bid submission closes as indicated in the Bid Calendar. https://www.flsheriffs.org/law-enforcement- programs/cooperative-purchasing-program/dealers-only. If there is a delay in posting the bid tabulation results, FSA will post a notice of the delay and a revised date for posting of results. 2.27 MINOR IRREGULARITIES/RIGHT TO REJECT The FSA has the right to accept or reject any and all bids, or separate portions thereof, and to waive any minor irregularity, technicality or omission if the FSA determines that doing so will serve its best interest or the best interest of the purchasers. A minor irregularity is a variation from the terms and conditions of this procurement that does not affect the price of the bid or give the bidder a substantial advantage over other bidders and thereby restrict or stifle competition and does not adversely impact the interests of the FSA or the purchasers. At its option, the FSA may allow a bidder to correct minor irregularities but is under no obligation to do so. In doing so, the FSA may request a bidder to provide clarifying information or additional materials to correct the irregularity. However, the FSA will not request and a bidder may not provide the FSA with additional materials that affect the price of the bid, or give the bidder an advantage or benefit not enjoyed by other bidders. The FSA may also reject any bids not submitted in the manner specified in this document. 2.28 CONE OF SILENCE This Invitation to Bid is subject to the Cone of Silence that begins the date the bid submission opens through the bid award date and effective date of the awarded contract as indicated in the Bid Calendar. During this period all communications regarding this solicitation between FSA and Bidder will cease, except for procedural questions, questions regarding problems incurred in the use of the the bid system, or communications initiated by the FSA. All permitted communications during this period shall be made in writing to the procurement contacts identified in Section 1.01 of this Invitation to Bid. FSA is not responsible for bidder’s improper use of the bid system. Exceptions will be granted to this section should any bid system malfunctions occur. FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 35 3.0 CONTRACT CONDITIONS 3.01 GENERAL REQUIREMENTS Once the bid has been awarded, the terms and conditions of this document become the Contract between the FSA and the awarded vendor. The terms and conditions apply to all vehicles and equipment purchased from this contract. 3.02 STATEMENT OF AUTHORITY Each person signing the Contract warrants that he/she is duly authorized to do so and binds the respective party to the Contract. 3.03 VENDOR CONTACT INFORMATION The vendor will maintain current contact information with FSA at all times. If a change occurs during the contract, the vendor must notify FSA immediately. The Vendor Change Document must be completed, signed by an authorized representative and submitted via e-mail to CPP@flsheriffs.org. A sample Vendor Change Document can be found in Appendix A and on the FSA website. 3.04 OPTION TO RENEW & PRICE ADJUSTMENT Renewal Option The contract may be renewed by mutual agreement, initiated at the discretion of the FSA, for up to two (2) additional years, on a year to year basis. The FSA reserves the right to in its sole discretion elect to renew the contract in whole or in part. In the event that the contract is held beyond the term provided herein, it shall be on a month-to-month basis only and shall not constitute an implied renewal of the contract. Such a month-to-month extension shall be upon the same terms of the contract and at the compensation and payment provided herein. Price Adjustment On an annual basis during the contract term, the FSA may consider a price adjustment due to changes in the Producer Price Index (PPI) as published by the U.S. Department of Labor, Bureau of Labor Statistics, as a result of any changes to national or state standards that require substantial cost adjustments, significant manufacturer changes to the production of and specification design, or in the event of material changes in tariffs that result in cost increases of 15% or more. The price adjustment request may be considered and implemented by FSA on an annual basis during the initial term, or upon the completion of the initial term or a 12-month renewal period. Price adjustments will be implemented upon request from a vendor or in the event that the FSA determines in its sole discretion that such a price adjustment is warranted. FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 36 Prices may be increased or decreased by the percentage change reflected in the nationally published PPI. FSA shall determine the PPI based on the most recent published PPI initiated at the time of renewal that best reflects adjustments to the economy over the previous 12 months. In the event of changes to national or state standards, the vendor must present verifiable changes in cost to FSA. The FSA will consider the cost changes and will make a final determination on the change in price. In cases where manufacturers have significant changes to production and specification design to an awarded item, FSA will consider certified manufacturer price changes and may allow price adjustments to reflect such changes in price from the manufacturer to the awarded vendor. For any vendor-initiated price adjustment to commence on the first day of the renewed contract term, extension or the end of a 12-month period, the vendor's request or adjustment should be submitted one hundred and twenty (120) calendar days prior to expiration of the then current contract, extension or 12- month period. The vendor-initiated price adjustment request must clearly substantiate the reasons for the requested increase. If no request is received from the vendor, the FSA will assume that the vendor has agreed that the optional term may be exercised without pricing adjustment. Any adjustment request received after the commencement of a new option period will not be considered. The FSA reserves the right to accept the renewal adjustment or to allow the contract to fully or partially terminate and readvertise for bids, whichever is in the best interest of the FSA. 3.05 ADDITIONS AND DELETIONS The FSA reserves the right to add or delete any items from this bid or resulting contract when deemed to be in the best interest of FSA and the participating purchasers. FSA reserves the right to remove, discontinue or suspend the sale or offering of any product within the Invitation to Bid document or existing contract, at its discretion. This decision to take action may be based upon and not limited to: • Few or no sales; • Product recalls and other safety issues; • Vendor/Manufacturer performance; or • Lack of relevance of products. 3.06 EQUITABLE ADJUSTMENT The FSA may make an equitable adjustment to the contract terms or pricing at its discretion. 3.07 CONDITIONS It is understood and agreed that any item offered or shipped as a result of this bid shall be the most current model offered, i.e. the most current production model at the time of this bid. FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 37 3.08 PRODUCTION CUTOFF Vendor shall notify the FSA in writing no less than sixty (60) calendar days prior to the close of final order date by the manufacturer when the final order date is during the term of the contract. Notification shall be provided in writing. Purchase orders received by the vendor ten (10) business days prior to the final order date must be accepted and entered into the order system with the manufacturer. If a purchase order has been timely received by the vendor or the manufacturer, and the manufacturer fails to produce or deliver the production year vehicle, the vendor must provide the next year’s equivalent model at current contract prices. Purchase orders issued and received after the production cutoff date will be subject to availability. In this case, the vendor and manufacturer have the discretion whether to choose to provide next year’s model at current year’s prices until the end of the contract term. If the manufacturer cutoff date is during the term of the contract and will affect the purchaser’s ability to obtain the specifications, FSA may consider substitutions from the same manufacturer. 3.09 FACILITIES The FSA reserves the right to inspect the vendor’s facilities at any time with prior notice. 3.10 SUBSTITUTIONS The FSA or purchasers will NOT accept substitutes of any kind. Vendors are expected to furnish the brand quoted in the bid once awarded. Any substitutes will be returned at the vendor’s expense. Delivery of substitutes and the delay in supplying the correct specification can be deemed grounds for termination for default. 3.11 POLICE RATED VEHICLES & MOTORCYCLES Vehicles in this category have been reviewed by one or more of the nationally recognized authorities on Police Vehicle Testing Program/Evaluation. These evaluations are not designed to recommend a particular product, but to serve as a resource for vehicles which are currently being offered for law enforcement service. To see the full detailed report click or copy the links below. The importance with which each individual phase is weighted in these evaluations is a subjective decision which should be made by each agency based upon that agency’s needs. For the purposes of this bid, the following are recognized authorities: State of Michigan, Department of State Police and Department of Technology, Management and Budget Police Vehicle Evaluation Program FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 38 https://www.michigan.gov/documents/msp/2019MYPoliceVehicleEvaluationTestBook_ 639203_7.pdf Los Angeles County Sheriff’s Department Law Enforcement Vehicle Test and Evaluation Program Vehicles: https://www.lasd.org/pdfjs/web/viewer.html?file=VehicleTestBooklet.pdf Motorcycles: https://www.lasd.org/pdf/2017_MotorcycleTestBooklet12192017.pdf 3.12 SPECIAL SERVICE VEHICLES Vehicles in this category in some cases have been reviewed by one or more of the nationally recognized authorities on Police Vehicle Testing Program/Evaluation. These vehicles are labeled as Special Service Vehicle (SSV) and often used in public safety applications and other areas of government. Refer to manufactures published information for detailed information regarding these vehicles. 3.13 CAB AND CHASSIS PURCHASES Cab and Chassis can be purchased from the vendor without any required additional fitting by the vendor. If an incomplete chassis is sold to an agency, then the vendor is not responsible for the tag and title. Vendors are responsible for tag and title work if the chassis is completed by the vendor or the vendor’s contracted third party supplier. FSA highly recommends that all upfitting of cab and chassis be performed by vendors who are licensed and certified to perform such work to avoid unnecessary exposure to future liability. The requirements of Florida Statute 319.21 related to the manufacturer statement of origin apply to cab and chassis purchases. 3.14 FACTORY INSTALLED All options specified as factory installed are to be installed on the vehicle at the primary site of assembly and is to be the manufacturer’s standard assembly-line product. No aftermarket and no vendor-installed equipment will be accepted as factory installed. Vendors found supplying aftermarket or vendor-installed equipment where factory installed are specified may be required to retrieve all delivered vehicles and reorder new vehicles meeting the specifications. All factory ordered options are to be original equipment manufacturer (OEM) and factory installed unless otherwise noted by the vendor and acknowledged in writing by the purchaser. Verbal agreements will not be recognized. Aftermarket parts, modifications, and factory produced parts and components ordered and installed by a vendor that do not meet the requirements of factory installed components, will be rejected for noncompliance with the requirements of the specification. In the event that a component that does not meet the specifications is found installed on a vehicle before or after the vehicle has been accepted by the purchaser, the vendor shall be required to replace the vehicle FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 39 with a vehicle that meets the required specifications, including factory installed components. In the alternative, the purchaser shall decide whether they will accept vendor installed components. 3.15 VENDOR INSTALLED OPTIONS All vendor-installed accessories or options shall be installed according to the manufacturer’s specifications. Examples include, but are not limited to a roll bar, trailer hitch, etc. All such accessories must be manufactured by an established manufacturer of the product provided. Vendor is required to disclose Make and Model of product being offered and the location, design, and model must be approved by the purchaser prior to installation. Prior to any purchase, the vendor must also disclose the warranty of any item that is less than or exceeds the factory vehicle or equipment warranty coverage. A vendor that employs a third-party supplier or subcontracts technicians to install emergency equipment on vehicles purchased on this contract is required to utilize technicians that are certified in Law Enforcement Vehicle Installation through EVT Certification Commission, Inc. or an approved equivalent. The FSA may at any time during the contract period request proof of the required certification. Any vendor that violates this provision will be considered in default of the contract. FSA may terminate the contract in accordance with Section 1.45 of this Invitation to Bid. 3.16 NON-SCHEDULED OPTIONS FSA requests vendors include most frequently purchased scheduled, factory and aftermarket options in the bid document. If a purchaser requests a non-scheduled option that is not included in the bid document, the vendor may provide this non-scheduled option. The purchaser has the opportunity to request the vendor’s discount pricing for any non-scheduled options during the quote process. At no time should the non-scheduled option exceed MSRP or Published List Price. Non-scheduled options should be listed as a separate line item and noted on the purchase order to include the price. All non-scheduled options are covered under these terms and conditions. 3.17 FORCE MAJEURE A vendor shall not be penalized for a delay resulting from the vendor’s failure to comply with delivery requirements if neither the fault nor the negligence of the vendor or its employees contributed to the delay and the delay is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond the vendor’s control, or for any of the foregoing that third party suppliers if no alternate source of supply is available to the vendor. 3.18 DELIVERY TIME Vendors shall specify the estimated delivery time in calendar days for each item. The purchaser should consult the vendor regarding vehicle production schedules. Delivery shall be within the normal working hours of the user, Monday through Friday, excluding holidays. FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 40 3.19 ORDER The vendor shall submit a copy of the purchase order to the FSA within 15 calendar days of receipt from the purchaser. To initiate a purchase, a purchaser issues a purchase order to the vendor, which shall include: • The contract number and title, • Specification number, • Purchaser’s federal identification number, and • Name, phone number and email address for the point of contact at the purchasingagency. Delivery or due dates should be discussed with the vendor at the time the quote is provided to the purchaser, or if no quote is provided, when the purchase order is delivered to the vendor. It is important to note that vendors do not have any control over production delays in schedules from the manufacturer. While it is recommended that an agency purchase from the zone which is closest to their location, it is not mandatory to do so. If the purchaser determines that a vendor in another zone can better serve the purchaser’s needs, the purchaser may order from a vendor in another zone. Vendors that provide vehicles or equipment outside of an awarded zone may upon mutual agreement between the vendor and the purchaser charge a delivery fee. The purchaser should forward an executed copy of the purchase order to the FSA at the same time the purchase order is sent to the vendor. Emails or hard copies are acceptable. Emails can be sent to coop@flsheriffs.org. If a vendor receives a purchase order for a specification for which they were not awarded, the vendor must notify the purchaser and return the purchase order to the purchaser within three (3) business days. All vehicles ordered prior to production cut off and in accordance with the contract shall be supplied in the manufacturer’s next model run of that class vehicle even if it requires supplying a later model at the original bid prices. Vendor shall place the order with the manufacturer within 10 business days of receipt of the purchase order. The vendor shall assure that all orders are placed in full compliance with the specifications and the terms and conditions of the Contract and the purchase order. It is the vendor’s responsibility to ensure that the vehicle or equipment ordered by the purchaser is fully compatible with all ordered options and that the vehicle complies with all applicable manufacturer and industry standards. The vendor’s acceptance of a purchaser’s order will indicate that the vendor agrees to deliver a vehicle that will be fully compatible with all of its options. Any changes that are required to bring a vehicle or equipment into compliance with the various options due to an incorrect order will be accomplished at the vendor’s expense. A Confirmation of Order form shall be completed by the vendor and returned to the purchaser 14 calendar days from receipt of purchase order without notification by the purchaser. An example Confirmation of Order form is included in Appendix C. FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 41 Any additional information needed to complete this form should be obtained from the purchaser. The form may be modified to accommodate each purchaser as necessary. 3.20 VEHICLE AND EQUIPMENT DELIVERY At a minimum, pre-delivery service shall include the following: • Standard Vendor and Manufacturer protocol for new vehicle and equipment delivery; • Cleaning of vehicle and equipment, if necessary, and removal of all unnecessary tags, stickers, or papers (window price sticker or supplied line sheet shall remain); • Speedometer must be correct regardless of the tires provided by the vehicle manufacturer or axle ratio furnished; • Verification that the hour meter does not exceed five (5) hours for equipment; • Owner’s manual and warranty manual to accompany each vehicle and equipment; and • MSRP list sheet (window sticker) MUST be in the vehicle when it is delivered to the purchaser. Vehicles that are missing this form, or have forms that have been altered will not be accepted. Build sheets, or documentation that verifies what components are included on the equipment being delivered, must be provided for equipment. The vendor shall be responsible for delivering vehicles and equipment that are properly serviced, clean and in first class operating condition. Vendor shall complete delivery of the vehicle and equipment to the purchaser within fourteen (14) calendar days of receipt of the vehicle from the manufacturer or equipment supplier. This deadline shall not apply to vehicles originating as an incomplete chassis. Receipt of a vehicle or equipment by the vendor is defined as acceptance of the vehicle or equipment from a common carrier at the vendor’s place of business or any third party’s place of business. Deliveries of less than 350 miles may be accomplished by driving the vehicle. Any delivery accomplished by driving the vehicle must be supervised and the driver must comply with manufacturer’s break-in requirements and all applicable traffic laws. Any delivery accomplished by driving a police rated vehicle must use an “OUT OF SERVICE” cover on light bars. All deliveries in excess of 350 miles shall be made by transport, or otherwise approved by the purchasing agency. However, this requirement shall not apply to incomplete chassis. The purchaser has the option to reject a vehicle with more than 350 odometer miles, or may deduct $0.51 cents per mile in excess of 350 miles from the invoice, unless distance above 350 miles was previously approved by the purchaser. This requirement also applies to redelivery of vehicles that were rejected upon initial delivery. Equipment with more than five (5) hours on the hour meter may be rejected by the purchaser or the purchaser may choose to negotiate a lower purchase price when the unit exceeds five hours. FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 42 All warranties shall begin at the time of delivery to the purchaser. The purchaser’s warranty should not be active for incomplete vehicles or equipment and vehicles or equipment delivered to a third-party supplier before final delivery. Vendor shall notify the purchaser no less than twenty four (24) hours prior to delivery of the time and location, which shall reflect the mutually agreed upon delivery details. Transport deliveries must be unloaded and inspected by purchaser. Deliveries not complying with these requirements may be rejected and will have to be redelivered at vendor’s expense. All vehicles or equipment with fuel tanks of thirty-five (35) gallons or less must contain no less than one quarter (1/4) tank of fuel as indicated by the fuel gauge at the time of delivery. For vehicles and equipment that have more than thirty-five (35) gallons, a minimum of one eighth (1/8) of a tank of fuel must be provided. 3.21 INSPECTION AND ACCEPTANCE It is the responsibility of the purchaser to inspect a vehicle or equipment for any damages. Each purchaser shall make a good faith effort to inspect the vehicles or equipment before or at the time of delivery for acceptance. One (1) day is the suggested period for inspection. However, if reasonable accommodations for inspection cannot be made upon delivery, the purchaser may have up to three (3) business days to inspect the vehicle or equipment for acceptance. Inspection and acceptance will be at the purchaser’s destination unless otherwise previously agreed upon location was provided in the purchase order. It is the purchaser’s responsibility to thoroughly inspect each vehicle and equipment prior to acceptance. Copies of the bid specifications and purchase order will be delivered with the vehicle. Purchasers are to inspect the vehicle and equipment and compare bid specifications, purchase order and manufacturer’s window sticker or manufacturer’s invoice to ensure vehicle or equipment meets or exceeds the requirements of the bid specifications and the submitted purchase order. Purchasers should inspect the vehicle and equipment for physical damage. Delivery of a vehicle or equipment to a purchaser does not constitute acceptance for the purpose of payment. Final acceptance and authorization of payment shall be given only after a thorough inspection indicates that the vehicle and equipment meet contract specifications and the requirements listed below. Should the delivered vehicle differ in any respect from specifications, payment can be withheld until such time as the vendor completes the necessary corrective action. Units shall be delivered with each of the following documents completed or included: 1. Copy of Customer’s Purchase Order 2. Copy of the applicable Vehicle or equipment specification 3. Copy of Manufacturer’s Invoice or Window Sticker for vehicles (prices may be deleted from the manufacturer’s invoice); or a Build sheet, or documentation that verifies what components are included on the equipment being delivered, for equipment 4. Copy of Pre-Delivery Service Report 5. Warranty Certification FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 43 6. Owner’s manual 7. If the vendor does not provide the tag and title, then the DHSMV 82040 (Application for Certificate of Title and/or Vehicle Registration) which requires a signature of authorized representative. Deliveries that do not include the above items will be considered incomplete and can be refused. 3.22 REGISTRATION, TAG AND TITLE Costs of registration, tag and title shall not exceed the statutory rates. FSA administrative fee does not apply to tag and title work. Title items shall be the responsibility of the vendor. If the purchaser is a government agency, the purchaser has the right to choose to register and title the vehicle or equipment. Reasonable administrative costs for registration and title services, including obtaining temporary tags, tag transfers, and new tags are permitted. All costs associated with obtaining, filing and shipping of tags shall be listed as an option during the bid submission for each item bid. Administrative costs can include convenience fees, cost reimbursements for filing, obtaining or delivery of tags, or any costs over the original purchase price of the registration and title. Administrative costs for registration and titling can be negotiated between the purchaser and the vendor. 3.23 INVOICING AND PAYMENTS Invoicing and payments shall be the responsibility of the vendor and purchaser placing orders using this contract. Vendors must invoice each purchaser independently. A purchaser has three (3) business days to inspect and accept the vehicles or equipment. The vendor shall be paid upon submission of invoices to the Purchaser after satisfactory delivery and acceptance of the vehicles and/or equipment. The Local Government Prompt Payment Act will apply to ensure timely payment of Vendor invoices. The Local Government Prompt Payment Act is defined in Sections 218.70–218.79 of Florida Statutes. 3.24 WARRANTY REPAIRS AND SERVICE All warranties shall begin at time of delivery and final acceptance by the purchaser. Failure by any manufacturer’s authorized representative to render proper warranty service or adjustments, including providing a copy of the warranty work order to the purchaser, may subject the vendor to suspension from the approved vendor listing until satisfactory evidence of correction is presented to the FSA. 3.25 INADEQUATE SERVICE When vehicles and equipment require service or adjustments upon delivery, the vendor shall either remedy the defect, or be responsible for reimbursing the manufacturer’s local authorized representative or other service provider to remedy the defect. Such service or adjustments shall be initiated by the vendor within 48 hours after notification by a purchaser, not to include weekends and holidays. Delivery will not be considered complete until all services or adjustments are satisfactory and the vehicle or equipment is redelivered. FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 44 The provisions of the delivery section shall remain in effect until the redelivery is accomplished. The cost of any transportation required shall be the responsibility of the vendor until the vehicles or equipment are satisfactory and accepted by the purchaser. 3.26 REPORTING: PURCHASE ORDERS & QUARTERLY REPORTS Purchase Orders The vendor must submit copies of purchase orders upon receipt to the FSA. Purchase orders are considered late if not submitted fifteen (15) calendar days after the date of the purchase order. Purchase orders and accompanying documentation shall include base specification items purchased and all options itemized separately. Vendors should scan a complete copy of the purchase order and attach it as a .pdf. Place the document title in the subject line of the e-mail and send purchase order copies to COOP@flsheriffs.org. The files should be named using the the name of the purchasing entity, the purchaser type and the PO number. The purchaser type other can include any other eligible purchaser including special district, fire department or other purchasing entity not specifically named here. Out of state sales should include the state in the name. PURCHASER TYPE SAMPLE STRUCTURE EXAMPLE MUNICIPALITY City Name PO 12345.pdf Tallahassee PO 12345.pdf COUNTY County Name County PO 12345.pdf Leon County PO 12345.pdf EDUCATION Educational Institution Name PO 12345.pdf Florida State University PO 12345.pdf OTHER Special District Name PO 12345.pdf Northwest Florida Water Management District PO 12345.pdf SHERIFF Sheriff Office Name PO 12345.pdf Leon County Sheriff PO 12345.pdf Quarterly Reports Quarterly reports are the contractual responsibility of each vendor. Quarterly reports which do not adhere to the required format (as set forth in Appendix D) or are not complete of all purchase orders received and/or deliveries made during the quarter will be returned to the reporting vendor for correction of deficiencies. Quarterly reports track the purchase orders received, deliveries made, and vendor administrative fees prescribed in Section 3.28 due in a given quarter. All required quarterly report templates can be downloaded from the FSA website under the Cooperative Purchasing Program page, Other Links, Vendor Only page. All quarterly reports are to be sent to REPORTS@flsheriffs.org. The quarterly report template shall be submitted using the Excel workbook provided. The workbook contains three 3 worksheets. The first worksheet titled “Instructions” must be completed with the name of the vendor and the quarter being reported in the fields that appear in red text. The quarter being reported should be selected from the drop down box. This information will be copied to the report page FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 45 headers in each worksheet. The second worksheet must contain all sales or purchase orders received during the quarter. The third worksheet must contain information on all deliveries made during the quarter. This tab will automatically calculate the administrative fee due to FSA. Purchase orders should not be sent with quarterly reports. A screenshot of the template of a quarterly report is located in Appendix D. Quarterly reports must be completed and submitted electronically. Quarterly reports are due no later than the 15th day of the month following the end of the quarter. Quarterly reports shall follow this schedule for the duration of the contract: Contract Year 1: October 1, 2020 – September 30, 2021 Year 1 Quarter 1: October 1 – December 31 Q1 Report Due: January 15 Year 1 Quarter 2: January 1 – March 31 Q2 Report Due: April 15 Year 1 Quarter 3: April 1 – June 30 Q3 Report Due: July 15 Year 1 Quarter 4: July 1 – September 30 Q4 Report Due: October 15 Contract Year 2: October 1, 2021 – September 30, 2022 Year 2 Quarter 1: October 1 – December 31 Q1 Report Due: January 15 Year 2 Quarter 2: January 1 – March 31 Q2 Report Due: April 15 Year 2 Quarter 3: April 1 – June 30 Q3 Report Due: July 15 Year 2 Quarter 4: July 1 – September 30 Q4 Report Due: October 15 Contract Year 3: October 1, 2022 – September 30, 2023, as applicable Year 3 Quarter 1: October 1 – December 31 Q1 Report Due: January 15 Year 3 Quarter 2: January 1 – March 31 Q2 Report Due: April 15 Year 3 Quarter 3: April 1 – June 30 Q3 Report Due: July 15 Year 3 Quarter 4: July 1 – September 30 Q4 Report Due: October 15 If a contract extension is executed, the quarterly reports will maintain the same schedule for future reporting periods. Quarterly reports must be submitted even if there are no sales or no deliveries in a quarter. If a vendor has no sales within a quarter, the vendor shall indicate “No sales this quarter” on the top row of the sales worksheet. If the vendor has no deliveries in a given quarter, the vendor shall indicate “No deliveries this quarter” on the top row of the delivery worksheet. FSA reserves the right to modify the procedure for submitting quarterly reports during the term of the contract. Such a change shall not materially modify the substance of the information to be reported, but may change the method by which future quarterly reports are to be submitted. In the event of such a change, FSA will provide written notice to all vendors of the method by which future quarterly reports are to be submitted. 3.27 ADMINISTRATIVE FEE FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 46 The FSA charges three quarters of one percent (.0075) to procure, process and administer the Contract. After receipt of payment from contract purchases, the vendor shall remit all administrative fees to the FSA no later than 15 calendar days after the end of each quarter. All fees payable to the FSA during any given quarter will be accompanied and supported by a Quarterly Report. Bidders are to include the administrative fee of three quarters of one percent (.0075) in all bid prices. The fee should be incorporated into the price at the time of bid submission This fee should also be included on all add options. The administrative fee will remain payable to FSA and no relief from payment of the administrative fee, nor any additional charge to recoup the administrative fee, will be permitted if a vendor fails to incorporate the administrative fee in its bid pricing. The fee should never be listed as a separate line item on any purchase order. The administrative fee is based on the total purchase order amount of new vehicles or equipment. This fee excludes any value given to purchasers for trade-ins. Trade-ins, extended warranties and other exchanges will not reduce or impact the fee calculation. The administrative fees are the contractual responsibility of each awarded vendor. By submission of the quarterly reports and administrative fee, the vendor is certifying the accuracy of the reports and deposits. All reports and fee submissions shall be subject to audit by the FSA or their designee. All participating vendors will be responsible for making sure that FSA has the contact information, including e-mail address, for the person responsible for quarterly reports. There will be no reminders for the quarterly reports or the administrative fee. Checks for the administrative fee can be sent to: Florida Sheriffs Association Cooperative Purchasing Program 2617 Mahan Drive Tallahassee, FL 32308 3.28 LIQUIDATED DAMAGES The vendor warrants that the product supplied to the FSA or purchaser shall conform in all respects to the standards set forth and the failure to comply with this condition will be considered as a breach of contract. Any liquidated damages levied because of inadequacies or failures to comply with these requirements shall be borne solely by the vendor responsible for same. Failure to submit the administrative fee with accompanying quarterly reports must be received by FSA within 15 calendar days following the end of each quarter will result in the imposition of liquidated damages. Vendors failing to submit administrative fees and/or quarterly reports will incur liquidated damages in the amount of $25 for each calendar day that fees and reports are past due, beginning on the 16th day following the end of the quarter. FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 47 If a civil action is initiated by the FSA to recover administrative fees or liquidated damages as set forth in this section and Section 3.28, the prevailing party shall be entitled to its reasonable attorneys’ fees and costs incurred in the litigation. Venue shall lie in the Circuit Court for the Second Judicial Circuit in and for Leon County, Florida. When quarterly reports are late, liquidated damages are to be included in vendor’s Quarterly Report and administrative fee submission. Liquidated damages that remain unpaid beyond 45 calendar days can result in FSA, at its sole discretion, implementing contract compliance actions, including but not limited to, suspension, limited participation by specifications or zones, disqualification from future solicitations, or termination for cause pursuant to Section 1.45. Schedule of Liquidated Damages Failure to submit quarterly report and/or administrative fee on time $25 per calendar day Failure to report a Purchase Order to FSA within the 15 calendar days of the purchase order date $100 per Purchase Order Failure to Report Sales .0075 of the sales price plus 1.5% each month following the delivery date. Vendor agrees and acknowledges that its failure to take any of the actions specified in the above schedule will damage the FSA, but by their nature such damages are difficult to ascertain. Accordingly, the above specified schedule of liquidated damages shall apply to this contract. Vendor agrees and acknowledges that these liquidated damages are not intended to be and do not constitute a penalty, but are instead intended solely to compensate the FSA for damages, and that these amounts are reasonably calculated to compensate the FSA for the damages that it will incur as a result of the vendor’s failure to take the specified actions. FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 48 Appendix A FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 49 Appendix B FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 50 Appendix C FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 51 Appendix D Sales Deliveries FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 52 Appendix E Bid Calendar FSA20-VEL28.0 Pursuit, Administrative and Other Vehicles FSA20-VEH18.0 Heavy Trucks FSA10-EQU18.0 Equipment CALENDAR ITEM DATE Bid Announcement 4/22/20 & 5/25/20 Voluntary Workshops For Contracts FSA20-VEL28.0 & FSA20-VEH18.0 * 6/10/20 Mandatory Pre-Bid Meeting for Contract FSA20-VEL28.0 * 7/8/20 Mandatory Pre-Bid Meeting for Contract FSA20-VEH18.0 * 7/9/20 Request for Clarifications Due 7/30/20 Mandatory Qualifying Documents Submission 8/3/20 FSA Response to Request for Clarifications 8/5/19 Cone of Silence 8/7/20 – 10/1/20 Bid System Open 8/7/20 Bid Submissions Due 8/31/20 Public Bid Opening 9/1/20 Fleet Advisory Committee Bid Review 9/1/20 – 9/4/20 Intent to Award Posted 9/9/20 Final Bid Award 10/1/20 * Details for the Workshop, Mandatory Pre-Bid Meeting, and Public Bid Openings will be posted on FSA’s website, emailed to interested bidders, or can be found in Florida Administrative Registrar (as appropriate) for the dates published. * FSA intends to do an in-person Mandatory Pre-Bid meeting. However, the FSA has plans to conduct the meeting via webinar if conditions do not permit or are not safe for an in-person meeting. If FSA can conduct the meeting in-person, it will be held at the Falkenburg Road Jail Assembly Room at the Hillsborough County Sheriff’s Office. For the most up to date information on these events, please refer to https://www.flsheriffs.org/law-enforcement-programs/cooperative-purchasing-program/bid- announcements. SUNTRUST EQUIPMENT FINANCE & LEASING CORP. MASTER LEASE/PURCHASE AGREEMENT Lease No. 10481) This MASTER LEASE/PURCHASE AGREEMENT, dated as of .J Cu) ) / , 2019, is made and entered into by and betweenSUNTRUSTEQUIPMENTFINANCE & LEASING CORP., a Georgia corporation, as lessor ("Lessor"), and CITY OF CLEARWATER, a political subdivision of the State or Commonwealth ofFL, as lessee ("Lessee"). In consideration ofthe mutual covenants herein contained, the parties hereto agree as follows: ARTICLE I. DEFINITIONS; SEPARATE FINANCINGS Section 1.1 Definitions. The following terms have the meanings specified below. Acceptance Certificate" means an acceptance certificate in the form attached to any applicable Equipment Schedule. Act" has the meaning given in Section 13.10. Agreement" means this Master Lease/Purchase Agreement, including all exhibits and schedules attached hereto. Code" means the Internal Revenue Code of 1986, as amended, together with Treasury Regulations promulgated from time to time thereunder. Equipment" means all items of property described in Equipment Schedules and subject to this Agreement, together with all related software (embedded therein or otherwise) and all replacements, repairs, upgrades, additions, parts, accessories, substitutions and exchanges therefor and thereof and accessions thereto. Equipment Group" means each group of Equipment listed in a single Equipment Schedule. Equipment Schedule" means an Equipment Schedule in substantially the form attached hereto as Exhibit A, including all exhibits and schedules attached thereto. Event of Default" has the meaning given in Section 12.1. Event of Loss" shall have the meaning given in Section 7.4. Event of Nonappropriation" has the meaning given in Section 3.3. Event of Taxability" has the meaning given in Section 6.3. Lease" means, with respect to each Equipment Group, this Agreement and the Equipment Schedule relating thereto, which together shall constitute a separate contract between Lessor and Lessee relating to such Equipment Group. Lease Date" means, with respect to each Lease, the date so designated in the related Equipment Schedule. The parties agree that the Lease Date for each Lease will be the date the proceeds of the Lease are disbursed by Lessor to a Vendor or Lessee or into escrow. Lessee hereby authorizes Lessor to insert each such date as the Lease Date on the applicable Equipment Schedule and the other documents and instruments relating to the applicable Lease. Lease Term" means with respect to a Lease, the Original Term and all Renewal Terms. The Lease Term for each Lease hereunder shall be as set forth in the Payment Schedule for such Lease. Net Proceeds" means the amount remaining from the gross proceeds of any insurance claim, condemnation award or sale under threat of condemnation after deducting all expenses, including attorneys' fees, incurred in the collection thereof. Original Term" means, with respect to a Lease, the period from the Lease Date until the end of the budget year of Lessee in effect on the Lease Date. Payment Date" means each date upon which a Rental Payment is due and payable as provided in a Payment Schedule. Payment Schedule" means the schedule of Rental Payments attached to an Equipment Schedule. Prepayment Price" means, with respect to a Lease that is by its terms prepayable, the amount so designated and set forth opposite a Payment Date in a Payment Schedule relating to such Lease indicating the amount for which Lessee may purchase the related Equipment Group as of such Payment Date after making the Rental Payment due on such Payment Date. STEFL Form Master Lease/Purchase Agreement (1/2018) Renewal Terms" means, with respect to a Lease, the renewal terms of the Lease, each having a duration of one year and a term coextensive with Lessee's budget year, provided that the final Renewal Term shall be for the fraction of one year necessary to complete the Lease Term after the completion of the Original Term and all other Renewal Terms. Rental Payment" means each payment due from Lessee to Lessor on a Payment Date. Specifications" means the bid or purchase order specifications pursuant to which Lessee has ordered any Equipment from a Vendor. State" means the state or commonwealth in which Lessee is situated. Vendor" means each of the manufacturers or vendors from which Lessee has ordered or with which Lessee has contracted for the manufacture, delivery and/or installation ofthe Equipment. Section 1.2 Separate Financings. Each Equipment Schedule executed and delivered under this Agreement shall be a separate Lease distinct from each other Lease. Without limiting the foregoing, upon the occurrence of an Event of Default or an Event of Nonappropriation with respect to a Lease, Lessor shall have the rights and remedies specified herein with respect to the Equipment Group leased, and the Rental Payments, under such Lease, and Lessor shall have no rights or remedies with respect to Equipment Groups or Rental Payments under any other Lease unless an Event of Default or an Event of Nonappropriation has also occurred under such other Lease. If any term of an Equipment Schedule conflicts or is inconsistent with any term of this Agreement, the terms of such Equipment Schedule shall govern. This Agreement is not a commitment by Lessor or Lessee to enter into an Equipment Schedule or by Lessor to provide any financial accommodations to Lessee. ARTICLE II. LEASE OF EQUIPMENT Section 2.1 Lease; Possession and Use. Lessor hereby leases the Equipment to Lessee, and Lessee hereby leases the Equipment from Lessor, upon the terms and conditions set forth herein and in the applicable Equipment Schedule. Lessor warrants that during the term of each Lease and so long as no Event of Default or Event ofNonappropriation has occurred thereunder, Lessor or anyone rightfully claiming an interest through Lessor shall not interfere with Lessee's possession and use of the Equipment Group leased thereunder. Any actual or purported breach of such warranty shall not give rise to any abatement, but Lessee may bring a direct cause ofaction against Lessor for any actual damages directly resulting from any such breach. Section 2.2 Delivery, Installation and Acceptance of Equipment. Lessee shall order each Equipment Group, shall cause the Equipment to be delivered and installed at the locations specified under the applicable Equipment Schedule and shall pay all taxes, delivery costs and installation costs, if any, in connection therewith. To the extent funds are deposited under an escrow agreement for the acquisition of the Equipment, such funds shall be disbursed as provided therein. The insufficiency ofproceeds of any Lease to pay all costs ofthe Equipment Group subject thereto shall not affect Lessee's obligations under this Section. When the Equipment Group described in such Equipment Schedule is delivered, installed and accepted as to the Specifications, Lessee shall promptly execute and deliver to Lessor an Acceptance Certificate for the Equipment Group. ARTICLE III. TERM; NONAPPROPRIATION Section 3.1 Term. The term of each Lease shall commence on the Lease Date set forth in the applicable Equipment Schedule and shall terminate upon payment of the final Rental Payment thereunder and the end of lease payment obligation described in Section 5.1, unless sooner terminated pursuant to this Agreement or the Equipment Schedule. Section 3.2 Inclusion in Budget. The person or entity in charge of preparing Lessee's budget will include in the budget request for each budget year the Rental Payments to become due during such budget year, and will use all reasonable and lawful means available to secure the appropriation ofmoney for such budget year sufficient to pay all Rental Payments coming due therein. Lessor acknowledges that appropriation for Rental Payments is a governmental function which Lessee cannot contractually commit itself in advance to perform. Lessee acknowledges that this Agreement does not constitute such a commitment. However, Lessee reasonably believes that moneys in an amount sufficient to make all Rental Payments can and will lawfully be appropriated and made available to permit Lessee's continued utilization of the Equipment in the performance of its essential functions during the applicable Lease Terms. Although Lessee has made this covenant, no remedy is provided and Lessee shall not be liable for any damages for its failure to comply with the covenants set forth in this Section 3.2. Section 3.3 Nonappropriation. If during the then current Original Term or Renewal Term, sufficient funds are not appropriated to make Rental Payments required under a Lease for the following budget year, Lessee shall be deemed not to have renewed such Lease for the following budget year, and the Lease shall terminate at the end of the then current Original Term or Renewal Term, and Lessee shall not be obligated to make Rental Payments under the Lease beyond the then current budget year for which funds have been appropriated. Upon the occurrence of such nonappropriation (an "Event of Nonappropriation"), Lessee shall, no later than the end of the budget year for which Rental Payments have been appropriated, return the Equipment Group subject to the Lease to Lessor in accordance with the requirements of Section 12.3. Lessee shall notify Lessor in writing within seven (7) 2 STEFL Form Master Lease/Purchase Agreement (1/2018) days after the failure of Lessee to appropriate funds sufficient for the payment ofRental Payments, but failure to provide such notice shall not operate to extend the Lease Term or result in any liability to Lessee. Section 3.4 Effect of Termination. Upon termination of a Lease as provided in Section 3.3, all of Lessee's right, title and interest in and to the applicable Equipment Group shall terminate. If Lessee has failed to return the applicable Equipment Group or otherwise comply with Section 12.3, the termination shall nevertheless be effective, but Lessee shall be responsible for the payment of damages in an amount equal to the amount of the Rental Payments that would thereafter have come due if the Lease had not been terminated and which are attributable to the number of days after which Lessee fails to comply with Lessor's instructions and for any other loss suffered by Lessor as a result of Lessee's failure to take such actions as required. In addition, Lessor may, by written instructions to any escrow agent who is holding proceeds ofthe Lease, instruct such escrow agent to release all such proceeds and any earnings thereon to Lessor. ARTICLE IV. RENTAL PAYMENTS Section 4.1 Rental Payments. Lessee agrees to pay the Rental Payments due as specified in each Payment Schedule. A portion of each Rental Payment is paid as interest as specified in each Payment Schedule, and the first Rental Payment will include interest accruing from the date specified in the Equipment Schedule. All Rental Payments shall be paid to Lessor, or to assignee(s) of Lessor, at such places as Lessor or such assignee(s) may from time to time designate by written notice to Lessee. Lessee shall pay the Rental Payments with lawful money of the United States ofAmerica from moneys legally available therefor. Section 4.2 Current Expense. The obligations of Lessee, including its obligation to pay the Rental Payments due in any budget year of a Lease Term, shall constitute a current expense of Lessee for such budget year and shall not constitute an indebtedness of Lessee within the meaning of the Constitution and laws of the State. Nothing herein shall constitute a pledge by Lessee of the full faith and credit or taxing power of the Lessee. Upon appropriation of Rental Payments for a budget year, the Rental Payments for such budget year, and only the Rental Payments for such budget year, shall be a binding obligation of Lessee; provided that such obligation shall not include a pledge ofthe taxing power of Lessee. Section 4.3 Unconditional Rental Payments. Subject in all cases to Section 3.3 hereof: (a) Lessee's obligation to make Rental Payments and any other payments hereunder shall be absolute and unconditional; (b) Lessee shall make these payments when due and shall not withhold any of these payments pending final resolution of any disputes; (c) Lessee shall not assert any right of set-off, counterclaim, recoupment, deduction, defense or other right against its obligation to make these payments; (d) Lessee's obligation to make Rental Payments or other payments shall not be abated for any reason, including through accident, unforeseen circumstances, failure of the Equipment to perform as desired, damage or destruction to the Equipment, loss of possession of the Equipment or obsolescence of the Equipment; and (e) Lessee shall be obligated to continue to make payments required of it by this Agreement if title to, or temporary use of, the Equipment or any part thereof shall be taken under exercise of the power of eminent domain. ARTICLE V. END OF LEASE PAYMENT OBLIGATION; PREPAYMENT; RELEASE Section 5.1 End of Lease Payment Obligation. On the last day of the Lease Term for the Lease, if the Lease is still in effect on such day, Lessee shall pay to Lessor one dollar ($1) in addition to all other Rental Payments and other amounts then due thereunder including the Rental Payment due on such date). Section 5.2 Prepayment. a) Lessee shall have the option to prepay its obligations under any Lease in whole but not in part on any Payment Date as set forth in the applicable Payment Schedule, but only if and to the extent the Payment Schedule permits such prepayment. Lessee shall give written notice to Lessor of its intention to exercise its option not less than thirty (30) days prior to the applicable Payment Date and shall pay to Lessor no later than such Payment Date an amount equal to the applicable Prepayment Price set forth in the Payment Schedule together with all Rental Payments and any other amounts then outstanding under such Lease including the Rental Payment due on such Payment Date). In the event that all such amounts are not received by Lessor on such Payment Date, such notice by Lessee of exercise of its option to prepay shall be void and the Lease shall continue in full force and effect. b) If Lessee elects pursuant to Section 7.4 to prepay its obligations under a Lease with respect to an item of Equipment subject to an Event of Loss, Lessee shall pay to Lessor on the Payment Date immediately following the receipt of the Net Proceeds of such Event of Loss an amount equal to the portion of the Prepayment Price on such Payment Date allocable to such item of Equipment (as reasonably determined by Lessor). Any amounts paid pursuant to this Section 5.2(b) shall be applied first to unpaid fees (including the prepayment fee), late charges and enforcement costs, if any, which have accrued under the Lease, then to overdue Rental Payments, and then proportionately to the principal component of each Rental Payment thereafter due under the Lease. If the Lease is being prepaid in part, Lessor shall provide Lessee with a revised Payment Schedule which shall reflect the revised principal balance and the reduced Rental Payments under the Lease. 3 STEFL Form Master Lease/Purchase Agreement (1/2018) c) Lessee's obligations under a Lease shall be prepaid in part from the excess proceeds of the Lease on the terms set forth in any escrow agreement pursuant to which proceeds of the Lease are being held together with a prepayment premium on the amount prepaid equal to the percentage by which the Prepayment Price on the Payment Date immediately following such prepayment exceeds the outstanding principal balance (after payment of the Rental Payment due on such Payment Date) on such Payment Date. Section 5.3 Release of Lessor's Interest. Upon timely receipt, in collected funds, of all amounts required pursuant to Section 5.1 or the prepayment in whole of any Lease pursuant to Section 5.2, such Lease shall terminate, all of Lessor's right, title and interest in and to the Equipment Group shall terminate, and Lessor shall deliver to Lessee all such documents and instruments as Lessee may reasonably request to evidence the termination of the Lease and Lessor's interest in the Equipment Group, as -is, where is, without warranty by or recourse to Lessor. ARTICLE VI. REPRESENTATIONS AND WARRANTIES; TAX PROVISIONS Section 6.1 Representations and Warranties of Lessee. Lessee shall be deemed to make the following representations and warranties to Lessor with respect to each Lease, in each case as ofthe Lease Date for such Lease: a) Lessee is a state or political subdivision of the State within the meaning of Section 103(c) ofthe Code, duly organized and existing under the Constitution and laws of the State, and is authorized under the Constitution and laws of the State to enter into this Agreement, the Lease and the transactions contemplated hereby and thereby, and to perform all of its obligations under this Agreement and the Lease. b) The execution and delivery of this Agreement and the Equipment Schedule have been duly authorized by all necessary action of Lessee's governing body and such action is in compliance with all public bidding and other State and federal laws applicable to this Agreement and the acquisition and financing of the Equipment by Lessee. c) This Agreement and the Equipment Schedule have been duly executed and delivered by and constitute the valid and binding obligations ofLessee, enforceable against Lessee in accordance with their respective terms. d) The execution, delivery and performance of this Agreement and the Equipment Schedule by Lessee do not i) violate any State or federal law or local law or ordinance, or any order, writ, injunction, decree, or regulation of any court or other governmental agency or body applicable to Lessee, or (ii) conflict with or result in the breach or violation ofany term or provision of, or constitute a default under, any note, bond, mortgage, indenture, agreement, deed of trust, lease or other obligation to which Lessee is bound. e) There is no action, suit, proceeding, claim, inquiry or investigation, at law or in equity, before or by any court, regulatory agency, public board or body pending or, to the best ofLessee's knowledge, threatened against or affecting Lessee, challenging Lessee's authority to enter into this Agreement or the Equipment Schedule or any other action wherein an unfavorable ruling or finding would adversely affect the enforceability ofthis Agreement or the Equipment Schedule. f) Except as otherwise disclosed in writing by Lessee to Lessor, Lessee has not at any time during the past ten 10) years defaulted under, or terminated as a result of insufficient funds being appropriated, any lease, rental agreement, lease - purchase agreement, payment agreement, contract for purchase, loan or bond. g) Lessee or Lessee's governing body has appropriated and/or taken other lawful actions necessary to provide moneys sufficient to pay all Rental Payments during the current budget year, and such moneys will be applied in payment of all Rental Payments due and payable during such current budget year. h) Lessee has an immediate need for, and expects to make immediate use of, the Equipment, which need is not temporary or expected to diminish during the applicable Lease Term. i) Lessee's exact legal name is as set forth on the first page ofthis Agreement. Section 6.2 Tax Related Representations, Warranties and Covenants. Lessee shall be deemed to make the following representations and warranties to, and covenants with, Lessor with respect to each Lease, in each case as of the Lease Date for such Lease: a) Lessee will comply with all applicable provisions of the Code, including Sections 103 and 148 thereof, and the regulations of the Treasury Department thereunder, from time to time proposed or in effect, in order to maintain the excludability from gross income for federal income tax purposes ofthe interest component of Rental Payments under the Lease and will not use or permit the use of the Equipment in such a manner as to cause a Lease to be a "private activity bond" under Section 141(a) ofthe Code. Lessee covenants and agrees that it will use the proceeds of the Lease as soon as practicable and with all reasonable dispatch for the purpose for which the Lease has been entered into, and that no part of the proceeds of any Lease shall be invested in any securities, obligations or other investments except for the temporary period pending such use or used, at any time, directly or indirectly, in a manner which, if such use had been reasonably anticipated on the Lease Date, would have caused any portion of the Lease to be or 4 STEFL Form Master Lease/Purchase Agreement (1/2018) become "arbitrage bonds" within the meaning of Section 103(b)(2) or Section 148 of the Code and the regulations of the TreasuryDepartmentthereunderproposedorineffectatthetimeofsuchuseandapplicabletoobligationsissuedontheLeaseDate. b) (i) The estimated total costs, including taxes, freight, installation, and cost of issuance, of the Equipment under the Lease will not be less than the total principal amount of the Rental Payments; (ii) the Equipment under the Lease has been ordered or is expected to be ordered within six months after the Lease Date and the Equipment is expected to be delivered and installed, and the Vendor fully paid, within eighteen months from the Lease Date; (iii) Lessee will pursue the acquisition of the Equipment and the expenditure of the net proceeds of the Lease with due diligence; (iv) Lessee has not created or established, and does not expect to create or establish, any sinking fund or other similar fund (A) that is reasonably expected to be used to pay the Rental Payments under the Lease, or (B) that may be used solely to prevent a default in the payment of the Rental Payments under the Lease; (v) the Equipment under the Lease has not been and is not expected to be sold or otherwise disposed of by Lessee, either in whole or in major part, prior to the last maturity of the Rental Payments under the Lease; (vi) there are no other obligations ofLessee which (A) are being sold within 15 days ofthe Lease Date for the Lease, or (B) are being sold pursuant to the same plan of financing as the Lease, or (C) are expected to be paid from substantially the same source of funds; and (vii) the officer or official who has executed the Lease on Lessee's behalf is familiar with Lessee's expectations regarding the use and expenditure of the proceeds of the Lease. To the best of Lessee's knowledge, information and belief, the facts and estimates set forth in this Section 6.2(b) are accurate and the expectations of Lessee set forth in this Section 6.2(b) are reasonable. The representations and warranties set forth in any arbitrage or tax certificate executed and delivered by Lessee in connection with the Lease shall govern to the extent they areinconsistentwiththerepresentationsandwarrantiessetforthinthisSection6.2(b). Section 6.3 Event of Taxability. If Lessor either (i) receives notice, in any form, from the Internal Revenue Service, or (ii) reasonably determines, based on an opinion of independent tax counsel selected by Lessor, that Lessor may not exclude the interest component of Rental Payments paid under the Lease from its Federal gross income (each an "Event of Taxability"), Lessee shall pay to Lessor upon demand (x) an amount which, with respect to Rental Payments previously paid and taking into account all penalties, fines, interest and additions to tax (including all federal, state and local taxes imposed on the interest due through the date of such event), will restore to Lessor its after-tax yield (assuming tax at the maximum corporate income tax rate and taking into account the time of receipt of Rental Payments and reinvestment at the after-tax yield rate) on the transaction evidenced by the Lease through the date of such event and (y) as additional Rental Payments to Lessor on each succeeding Payment Date such amount as will maintain such after-tax yield to Lessor. ARTICLE VII. INSURANCE; DAMAGE TO OR LOSS OF EQUIPMENT Section 7.1 Liability and Property Insurance. Lessee shall, at its own expense, procure and maintain continuously in effect during each Lease Term: (a) commercial general liability insurance for death or injuries to persons, or damage to property arising out of or in any way connected to the Equipment sufficient to protect Lessor and its successors and assigns from liability in all events, with a coverage of not less than $1,000,000 per occurrence unless specified differently in the related Equipment Schedule, and (b) insurance against all risks of physical loss or damage to the Equipment as Lessor may require (including all risk casualty and propertyinsurance) in an amount equal to the greater ofthe full replacement cost of the Equipment or the applicable Prepayment Price. Section 7.2 Workers' Compensation Insurance. If required by State law, Lessee shall carry workers' compensation insurance covering all employees on, in, near or about the Equipment. Section 7.3 Insurance Requirements. a) All insurance policies required by this Article shall be taken out and maintained with insurance companies acceptable to Lessor and shall contain a provision that thirty (30) days prior to any material change in the coverage (including cancellation or non-renewal) the insurer must provide written notice to the insured parties. No insurance shall be subject to any co- insurance clause. Each liability insurance policy shall be endorsed to name Lessor and its successors and assigns as an additional insured party and each casualty and property insurance policy shall be endorsed to name Lessor and its successors and assigns as sole lender loss payee, in each case regardless of any breach ofwarranty or other act or omission ofLessee. b) Prior to the Lease Date for each Lease, and thereafter at Lessor's request, Lessee shall deliver to Lessor the evidence of insurance which complies with this Article VII with respect to the Equipment Group subject to the Lease. c) If permitted in an Equipment Schedule, Lessee may self-insure against the risks described in Sections 7.1 and 7.2 for such Lease and shall deliver to Lessor, prior to the Lease Date for such Lease, and thereafter at Lessor's request, a letter from its risk manager or insurance consultant in substantially the form attached to the Equipment Schedule, which shall satisfy the obligations set forth in clauses (a) and (b) ofthis Section 7.3. Section 7.4 Damage to or Loss of Equipment. If any item of Equipment is stolen, lost or destroyed, in whole or in part, or is damaged by fire or other casualty, or title to, or the temporary use of, any item of Equipment shall be taken under the exercise or threat of the power of eminent domain by any governmental body or by any person, firm or corporation acting pursuant to governmental authority (each, an "Event ofLoss"), Lessor and Lessee will cause the Net Proceeds of such Event of Loss to be applied, at the option 5 STEFL Form Master Lease/Purchase Agreement (1/2018) of Lessee, to (a) the prompt replacement, repair, restoration, modification or improvement of the Equipment in substantial conformance with the Specifications, or (b) the prepayment of the Lease pursuant to Section 5.2. Lessee will give Lessor prompt written notice of an Event ofLoss and written notice of its election within thirty (30) days after its receipt of the Net Proceeds. The insufficiency of the Net Proceeds to pay in full the cost of any replacement, repair, restoration, modification, improvement or prepayment shall not affect Lessee's obligations under this Section, and Lessee shall not be entitled to any reimbursement therefor from Lessor or any diminution of the Rental Payments. The amount of the Net Proceeds, if any, remaining after completing such replacement, repair, restoration, modification, improvement or prepayment may be retained by Lessee. ARTICLE VIII. OTHER OBLIGATIONS OF LESSEE Section 8.1 Use and Maintenance of Equipment. Lessee shall, at its own expense, maintain the Equipment in good condition and proper working order, and shall make all necessary repairs and replacements to keep the Equipment in such condition. The Equipment will be used by Lessee only for the purpose of performing Lessee's essential governmental functions. Lessee shall not install, use, operate or maintain the Equipment improperly, carelessly, or in violation of any Vendor's guidelines or warranty, the terms of any insurance policy or any applicable law or regulation. Lessee shall obtain and maintain all permits and licenses necessary for the installation and operation ofthe Equipment. Lessee shall have sole responsibility to maintain and repair the Equipment. Lessee shall keep (or in the case of Equipment constituting motor vehicles, house) the Equipment at the address specified in the related Equipment Schedule; provided that Lessee may change the location at which any Equipment is kept (or housed) with thirty (30) days prior written notice to Lessor specifying the address of the new location. Lessee shall provide Lessor access at all reasonable times to examine and inspect the Equipment and provide Lessor with such access to the Equipment as may be reasonably necessary to perform maintenance on the Equipment in the event of failure by Lessee to perform its obligations hereunder. IfLessor reasonably determines that Lessee is not maintaining any ofthe Equipment in accordance with this Section, Lessor may (in addition to any other remedies it may have) require Lessee to enter into maintenance contracts for such Equipment in form approved by Lessor and with approved providers. Section 8.2 Taxes. Lessor and Lessee contemplate that the Equipment will be used for a governmental or proprietary purpose of Lessee, and therefore that the Equipment will be exempt from all property taxes. The Rental Payments payable by Lessee under each Lease have been established to reflect the savings resulting from this exemption. Lessee will take all necessary actions under applicable law to obtain or maintain such exemption. Nevertheless, if the use, possession or acquisition of the Equipment is determined to be subject to taxation or later becomes subject to taxation, Lessee shall pay all taxes, assessments and other charges which are assessed or levied against the Equipment or any part thereof, during the Lease Term, whether assessed against Lessee or Lessor. With respect to any taxes or charges that may lawfully be paid in installments over a period of years, Lessee shall be obligated to pay only such installments as accrue during the then current budget year of the Lease Term for such Equipment. Section 8.3 Liens. Lessee shall not, directly or indirectly, create, incur, assume or suffer to exist any mortgage, pledge, lien, charge, encumbrance or other claim with respect to the Equipment, other than the respective rights of Lessor and Lessee as herein provided. Lessee shall promptly, at its own expense, take such actions as may be necessary duly to discharge or remove any such mortgage, pledge, lien, charge, encumbrance or other claim ifthe same shall arise at any time. Lessee shall pay all gas, water, steam, electric, heat, power, telephone, utility and other charges incurred in the operation, maintenance, use, occupancy and upkeep of theEquipment. Section 8.4 Net Lease; Advances. Each Lease is a net lease. Lessee shall perform all of its obligations hereunder at its sole expense. If Lessee shall fail to perform any of its obligations hereunder, Lessor may (but shall not be required to) take such action to cure such failure, including the advancement of money, and Lessee shall be obligated to reimburse Lessor on demand for all expenses and costs incurred, or advances made, by Lessor in connection therewith with interest at the rate of 12% per annum or the maximum rate permitted by law, whichever is less, from the date of Lessor's payment thereofto the date of reimbursement by Lessee. Section 8.5 Financial Information. Lessee shall deliver to Lessor (i) its annual audited financial statements within 180 days after the end ofeach budget year, (ii) its annual budget for the succeeding budget year promptly following approval thereof, (iii) proof of appropriation of Rental Payments with its annual budget, and (iv) such other financial statements and information relating to the ability ofLessee to satisfy its obligations under this Agreement and each Lease as may be reasonably requested by Lessor from time totime. ARTICLE IX. TITLE; SECURITY INTEREST Section 9.1 Title. During the Lease Term, legal title to all Equipment shall be in Lessee, subject to Lessor's interests under the applicable Lease. Section 9.2 Security Interest. In order to secure Lessee's payment of all Rental Payments and other amounts due hereunder and the performance of all other obligations hereunder, Lessee hereby grants to Lessor a continuing, first priority security interest in and to (a) the Equipment; (b) all moneys and investments in any escrow account into which proceeds of the Lease have been deposited; (c) all books, ledgers and records and all computer programs, tapes, discs, punch cards, data processing software, 6 STEFL Form Master Lease/Purchase Agreement (1/2018) transaction files, master files and related property and rights (including computer and peripheral equipment) necessary or helpful in enforcing, identifying or establishing any item of Equipment; and (d) all proceeds of the foregoing, including insurance and condemnation proceeds. Lessee hereby authorizes Lessor to prepare and file such financing statements and such other documents to establish and maintain Lessor's valid first lien and perfected security interest. Lessee will join with Lessor in executing such documents and will perform such acts as Lessor may request to establish and maintain Lessor's valid first lien and perfected security interest. Upon Lessor's request, Lessee shall obtain, at Lessee's expense, a waiver of any interest in the Equipment from any landlord, mortgagee or any other party holding an interest in the real property on which the Equipment is or will be located. Lessee will not change its legal name in any respect without giving thirty (30) days prior written notice to Lessor. Section 9.3 Modification of Equipment. Lessee will not, without the prior written consent of Lessor, affix or install any accessory equipment or device on any of the Equipment if such addition will change or impair the originally intended value, function or use ofthe Equipment. Section 9.4 Personal Property. The Equipment is and shall at all times be and remain personal property and not fixtures. ARTICLE X. SELECTION; VENDOR'S WARRANTIES; DISCLAIMER; RISK OF LOSS Section 10.1 Selection of Equipment. Lessee has selected each Vendor and all of the Equipment. Lessor shall have no responsibility in connection with the selection of the Equipment, the ordering of the Equipment, its suitability for the use intended byLessee, the acceptance by any Vendor or its sales representative of any order submitted, or any delay or failure by such Vendor or its sales representative to manufacture, deliver or install any Equipment for use by Lessee. Section 10.2 Vendor's Warranties. So long as no Event of Default has occurred, Lessor hereby assigns to Lessee for and during the related Lease Term, all of its interest, if any, in all Vendor's warranties, guarantees and patent indemnity protection, express or implied, issued on or applicable to an Equipment Group, and Lessee may obtain the customary services furnished in connection with such warranties and guarantees at Lessee's expense. Lessor has no obligation to enforce any Vendor's warranties or obligations onbehalfofitselforLessee. Section 10.3 Disclaimer of Warranties. LESSEE ACKNOWLEDGES THAT THE EQUIPMENT IS OF A SIZE, DESIGN, CAPACITY, AND MANUFACTURE SELECTED BY LESSEE. LESSEE ACKNOWLEDGES THAT IT SELECTED THE EQUIPMENT WITHOUT ASSISTANCE OF LESSOR, ITS AGENTS OR EMPLOYEES. LESSOR IS NOT A MANUFACTURER OF THE EQUIPMENT OR A DEALER IN SIMILAR EQUIPMENT, AND DOES NOT INSPECT THE EQUIPMENT BEFORE DELIVERY TO LESSEE. LESSOR LEASES THE EQUIPMENT TO LESSEE AS -IS, WHERE IS, AND MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, AS TO THE VALUE, DESIGN, CONDITION, QUALITY, DURABILITY, SUITABILITY, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR FITNESS FOR THE USE CONTEMPLATED BY LESSEE OF THE EQUIPMENT, OR ANY OTHER REPRESENTATION OR WARRANTY WITH RESPECT TO THE EQUIPMENT. IN NO EVENT SHALL LESSOR BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT, THE EQUIPMENT OR LESSEE'S USE OF THE EQUIPMENT. Section 10.4 Risk of Loss. All risk of loss to the Equipment shall be borne by Lessee. Lessee shall not be required to indemnifyLessorfromliabilitiesassociatedwiththisAgreement; however, to the extent permitted by applicable laws of the State, as between Lessor and Lessee, Lessee assumes all risks and liabilities from any cause whatsoever, whether or not covered by insurance, and Lessee agrees to defend Lessor against, all liabilities, obligations, losses, damages, penalties, claims, actions, costs and expenses that relate to or arise out of this Agreement or any Lease, including, (a) the selection, manufacture, purchase, acceptance or rejection of Equipment or the ownership of the Equipment, (b) the delivery, lease, possession, maintenance, use, condition, return or operation of the Equipment, (c) the condition ofthe Equipment sold or otherwise disposed of after possession by Lessee, (d) the conduct of Lessee, its officers, employees and agents, (e) any claim, loss, cost or expense involving alleged damage to the environment relating to theEquipment, including investigation, removal, cleanup and remedial costs, and (f) any strict liability under the laws or judicial decisions of any state or the United States. Lessee acknowledges that Lessor does not operate, control or have possession of the Equipment and has no control over Lessee or Lessee's operation, use, storage or maintenance of the Equipment. This Section 10.4 shall survive the termination ofthis Agreement or any Lease. ARTICLE XI. ASSIGNMENT AND SUBLEASING Section 11.1 Assignment by Lessor. Lessor, without Lessee's consent, may assign and reassign all ofLessor's right, title and/or interest in and to this Agreement or any Lease, including the Rental Payments and other amounts payable by Lessee and Lessor's interest in the Equipment, in whole or in part, to one or more assignees or subassignee(s) of Lessor at any time. No such assignment shall be effective as against Lessee unless and until written notice of the assignment is provided to Lessee. When presented with a notice of assignment, Lessee will acknowledge in writing receipt of such notice for the benefit of Lessor and any assignee. Lessee shall keep a complete and accurate record of all such assignments. Assignees of Lessor's rights in one Lease shall have no rights in 7 STEFL Form Master Lease/Purchase Agreement (1/2018) any other Lease unless such rights have been separately assigned. The term "Lessor" includes, with respect to a Lease, any person orentitytowhomLessorhasassignedanyorallofitsright, title and/or interest in such Lease. Section 11.2 Assignment and Subleasing by Lessee. Neither this Agreement nor any Lease or any Equipment may be assigned, subleased, sold, transferred, pledged or mortgaged by Lessee. ARTICLE XII. EVENTS OF DEFAULT AND REMEDIES Section 12.1 Events of Default. The occurrence of any ofthe following events with respect to a Lease shall constitute an "Event of Default" under such Lease: a) Lessee's failure to pay any Rental Payment or other amount required to be paid to Lessor under the Lease within ten (10) days following the due date thereof. b) Lessee's failure to maintain insurance under the Lease as required by Article VII or comply with therequirementsofSections8.3 or 11.2. c) With the exception of the above clauses (a) or (b), Lessee's failure to perform or abide by any condition, agreement or covenant with respect to the Lease for a period of thirty (30) days after written notice by Lessor to Lessee specifyingsuchfailureandrequestingthatitberemedied, unless Lessor shall agree in writing to an extension oftime prior to its expiration. d) Lessor's determination that any representation, warranty or statement made by Lessee in or pursuant to the Lease was untrue in any material respect on the date made. e) The filing of a petition in bankruptcy or receivership or similar proceeding by or against Lessee, or failure by Lessee promptly to lift any execution, garnishment or attachment of such consequence as would impair the ability of Lessee to carry on its governmental functions or assignment by Lessee for the benefit of creditors, or the entry by Lessee into an agreement of composition with creditors, or the approval by a court of competent jurisdiction of any adjustment of indebtedness of Lessee, or the dissolution or liquidation ofLessee. An Event ofNonappropriation with respect to a Lease shall not constitute an Event of Default. Section 12.2 Remedies on Default. Upon the occurrence of an Event of Default with respect to a Lease, Lessor shall have the right, at its option and without any further demand or notice, to exercise one or more of the following remedies with respect to such Lease: a) Lessor, with or without terminating the Lease, may declare all Rental Payments payable under the Lease to the end of the then -current budget year of Lessee to be immediately due and payable by Lessee, whereupon such Rental Payments shall be immediately due and payable. b) Lessor may terminate the Lease and repossess any or all of the Equipment subject to the Lease by giving Lessee written notice to deliver such Equipment in the manner provided in Section 12.3; or in the event Lessee fails to do so within ten (10) days after receipt of such notice, Lessor may enter upon Lessee's premises where such Equipment is kept and take possession of such Equipment. Lessor may thereafter dispose of the Equipment in accordance with the requirements ofArticle 9 of the Uniform Commercial Code. If Lessor terminates the Lease and takes possession and disposes of any or all of the Equipment, Lessor shall apply the proceeds of any such disposition to pay the following items in the following order: (i) all costs and expenses due pursuant to Section 12.6 (including reasonable attorneys' fees and default interest) and any sales or transfer taxes incurred in connection with the disposition of the Equipment; (ii) any Rental Payments payable under the Lease to the end of the then -current budget year ofLessee; iii) the outstanding principal component of all other Rental Payments under the Lease; and (iv) any other amounts then due under the Lease. Any disposition proceeds remaining after the requirements of clauses (i), (ii), (iii), and (iv) have been met shall be paid to Lessee or such other creditor of Lessee as may be entitled thereto. No deficiency shall be allowed against Lessee, except with respect to any unpaid Rental Payments to the end of the then -current budget year of Lessee, any other amounts then due under the Lease and unpaid costs and expenses due pursuant to Section 12.6 (including reasonable attorneys' fees and default interest). c) By written notice to any escrow agent that is holding proceeds of the Lease, Lessor may instruct such escrow agent to release all such proceeds and any earnings thereon to Lessor, such sums to be credited to payment of Lessee's obligations under the Lease. d) Lessor may exercise any other remedy available, at law or in equity, with respect to such Event ofDefault. Section 12.3 Return of Equipment: Release of Lessee's Interest. Upon termination of any Lease prior to the payment of all Rental Payments or the applicable Prepayment Price (whether as result of an Event of Nonappropriation or Event of Default) thereunder, Lessee shall, within ten (10) days after such termination, at its own expense: (a) perform any testing and repairs required to place the related Equipment in the condition required by Article VIII; (b) if deinstallation, disassembly or crating is required, cause such Equipment to be deinstalled, disassembled and crated by an authorized manufacturer's representative or such other service 8 STEFL Form Master Lease/Purchase Agreement (1/2018) person as is satisfactory to Lessor; (c) return such Equipment to a location in the continental United States specified by Lessor, freightandinsuranceprepaidbyLessee; and (d) comply with any additional return conditions specified in the Equipment Schedule. Lessee shall execute and deliver to Lessor such documents as Lessor may request to evidence the passage of legal title and ownership toLessorandterminationofLessee's interest in the Equipment. Section 12.4 Late Charge. To the extent permitted by applicable law, Lessor shall have the right to require a late payment charge for each Rental Payment or any other amount due hereunder which is not paid within 10 days ofthe date when due equal to thelesserof5% of such late payment or the legal maximum. Section 12.5 No Remedy Exclusive; No Waiver. Each of the rights and remedies under this Agreement and each Lease is cumulative and may be enforced separately or concurrently. No course of dealing or conduct between Lessor and Lessee shall be effective to amend, modify or change any provisions of this Agreement or any Lease. No failure or delay by Lessor to insist upon the strict performance of any term, covenant or agreement of the Agreement or any Lease, or to exercise any right, power or remedy consequent upon a breach thereof, shall constitute a waiver of any such term, covenant or agreement or of any such breach, or preclude Lessor from exercising any such right, power or remedy at any later time or times. Section 12.6 Enforcement Costs and Attorney Fees. Upon the occurrence of an Event of Default, Lessee agrees to pay to Lessor or reimburse Lessor for, in addition to all other amounts payable hereunder, all reasonable attorneys' fees and other enforcement costs and expenses incurred by reason of such Event of Default or the exercise of Lessor's rights or remedies hereunder, whether incurred pre judgment or postjudgment or prior to, during or after any bankruptcy proceeding. Any such costs shall beimmediatelydueandpayableuponwrittennoticeanddemandgiventoLesseeandshallbearinterestattherateof12percentper annum or the maximum amount permitted by law, whichever is less. ARTICLE XIII. MISCELLANEOUS PROVISIONS Section 13.1 Notices. All written notices to be given under this Agreement shall be given (a) personally, (b) by mail in registered or certified form, with postage prepaid, or (c) by overnight courier, charges prepaid, in each case to the party entitled thereto at its address specified beneath each party's signature, or at such address as the party may provide to the other parties hereto in writing from time to time, and to any assignee at its address as it appears on the registration books maintained by Lessee. Any such notice shall be deemed to have been received 72 hours after deposit in the United States mail, 24 hours after deposit with a courier, or, if given byothermeans, when delivered. Section 13.2 Binding Effect. This Agreement and each Lease hereunder shall be binding upon and shall inure to the benefit of Lessor and Lessee and their respective successors and permitted assigns. Section 13.3 Severability. In the event any provision of this Agreement or any Lease shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. Section 13.4 Entire Agreement; Amendments. Each Lease constitutes the entire agreement of the parties with respect to the subject matter thereof and supersedes all prior and contemporaneous writings, understandings, agreements, solicitation documents and representations, express or implied. Each Lease may be amended or modified only by written documents duly authorized, executed and delivered by Lessor and Lessee. Section 13.5 Captions. The captions or headings in this Agreement are for convenience only and in no way define, limit or describe the scope or intent ofany provisions, Articles, Sections or clauses hereof. Section 13.6 Further Assurances and Corrective Instruments. Lessor and Lessee agree that they will, from time to time, execute, acknowledge and deliver, or cause to be executed, acknowledged and delivered, such supplements hereto and such further instruments as may reasonably be required to perfect, confirm, establish, reestablish, continue or complete the interests of Lessor in this Agreement and each Lease, to consummate the transactions contemplated hereby and thereby, and to carry out the purposes and intentions ofthis Agreement and each Lease. Section 13.7 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State, exclusive of its conflict of laws provisions. Section 13.8 Usury. It is the intention of the parties hereto to comply with any applicable usury laws; accordingly, it is agreed that, notwithstanding any provisions to the contrary herein or in any Equipment Schedule, in no event shall this Agreement or any Lease hereunder require the payment or permit the collection of interest or any amount in the nature ofinterest or fees in excess ofthe maximum amount permitted by applicable law. Any such excess interest or fees shall first be applied to reduce principal, and when no principal remains, refunded to Lessee. In determining whether the interest paid or payable exceeds the highest lawful rate, the total amount of interest shall be spread through the applicable Lease Term so that the interest is uniform through such term. 9 STEFL Form Master Lease/Purchase Agreement (1/2018) Section 13.9 Waiver of Jury Trial. TO THE EXTENT PERMITTED BY APPLICABLE LAW, LESSOR AND LESSEE HEREBY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION OR PROCEEDING WITH RESPECT TO, IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT. Section 13.10 USA Patriot Act Compliance Notification. Lessor hereby notifies Lessee that pursuant to the requirements ofthe USA PATRIOT Act (the "Act"), it is required to obtain, verify and record information that identifies Lessee, which information includes the name and address of Lessee and other information that will allow Lessor to identify Lessor in accordance with the Act. Lessee shall, promptly upon Lessor's request, provide all documentation and other information that Lessor requests in order to comply with its ongoing obligations under applicable "know your customer" and anti -money laundering rules and regulations, including theAct. The remainder ofthis page is intentionally blank. Signature page follows.) 10 STEFL Form Master Lease/Purchase Agreement (1/2018) EXECUTION PAGE OF MASTER LEASE/PURCHASE AGREEMENT IN WITNESS WHEREOF, Lessor has caused this Agreement to be executed in its corporate name by its duly authorized officer, and Lessee has caused this Agreement to be executed in its name by its duly authorized officer. CITY OF CLEARWATER, Lessee SUNTRUST EQUIPMENT FINANCE & LEASING CORP., Lessor 41-111( /1 By: Name: Name: Title: Title: K(7' Tanja Barner Assistant Vice Presic' Address: Address: 100 SOUTH MYRTLE AVENUE P.O. Box 4418 CLEARWATER FL 33756 Atlanta, GA 30302 Telephone: Facsimile: E-mail address: 11 STEFL Form Master Lease/Purchase Agreement (1/2018) SunTrust Master Lease/Purchase Agreement (Lease No. 10481) Countersigned: ctQor‘c.ntfi(k (..S George N. Cretekos Mayor Approved as to form: Pamela K. kin City Attorney CITY OF CLEARWATER, FLORIDA By: Attest: 44,--2-4, bit04444.)--- William B. Home II City Manager 1-4-e-rklit 4,U Rosemarie Call City Clerk Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0801 Agenda Date: 8/4/2022 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Official Records & Legislative Services Agenda Number: 7.9 SUBJECT/RECOMMENDATION: Review updated advisory board application. (consent) SUMMARY: Page 1 City of Clearwater Printed on 8/3/2022 City *State *  City of Clearwater Advisory Boards Application * Denotes a required field Profile First Name *Middle Initial Last Name * Email Address * Home Address * Postal Code * Primary Phone * Home  Alternate Phone Home  This page contains no comments Employer *Job Title * Length of Residency - please select one. * Do you own or represent a business in Clearwater? * Yes No Which Boards would you like to apply for? * Please select a Board Occupation - If retired, enter former occupation. * Have you served or do you serve on a board in Clearwater? * Yes No Why do you wish to serve on this board/committee? If seeking reappointment, state why you should be reappointed. * What personal qualifications can you bring to this board or committee? * None selected None selected Page: 2 Response options: Less than 1 year 1 to 5 years 6+ years Not a Clearwater resident Individuals can select more than one board. Applications will require voter registration card if a quasi-judicial board is selected. All applicants will be required to submit a FL Driver License issued to an address within city limits or a Declaration of Domicile affirming residency within city limits. Ethnicity  Gender  Date of Birth List Community Activities * Upload a Resume * Choose file Accepted file types: RTF, DOC, DOCX, PDF, TXT, JPG, JPEG, GIF, PNG Demographics Some boards and commissions require membership to be racially, politically or geographically proportionate to the general public. The following information helps track our recruitment and diversity efforts. (Optional) The City of Clearwater strives to promote diversity and provide reasonable accommodations for individuals with disabilities. If you are requesting accommodation, please indicate below: This page contains no comments By clicking on "I Agree," below, I affirm that the information above is true and correct, and that I understand and agree to the responsibilities and commitment of time associated with an appointment to a Clearwater advisory board or committee. * I Agree * All material submitted to the City of Clearwater is subject to the public records law of the State of Florida including Chapter 119, Florida Statutes. This page contains no comments Application for Advisory Boards Board Selection Personal Info Education & Work Attachments Questionnaire Please refer to the City of Clearwater Advisory Boards listing (http://www.myclearwater.com/government/city- departments/official-records-legislative-services/agencies-advisory-boards) 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 Add Another Board Next Save as Draft Boards Previous 1 of 1 Application for Advisory Boards Board Selection Personal Info Education & Work Attachments Questionnaire First Name* Middle Initial Last Name* Email Address* Primary Phone* Length of Residency* Business Owner?* Street Address* City * Zip Code* (Example: (123) 456-7890) If not a resident of Clearwater, select "Not a Resident" Do You Own or Represent a Business in Clearwater? Yes No Home Address New Submission 1 of 2 Previous Next Save as Draft New Submission 2 of 2 Application for Advisory Boards Board Selection Personal Info Education & Work Attachments Questionnaire Highest Level of Education Occupation Employer Relevant Work Experience Community Activities Board Service * Previous Next Save as Draft If retired, enter former occupation Have you served or do you serve on a board in Clearwater? Yes No New Submission 1 of 1 Application for Advisory Boards Board Selection Personal Info Education & Work Attachments Questionnaire Please refer to the City of Clearwater Advisory Boards listing (http://www.myclearwater.com/government/city- departments/official-records-legislative-services/agencies-advisory-boards) 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 Previous Next Save as Draft File types accepted: pdf, tif, tiff, jpeg, jpg, gif, doc, docx, rtf, png. 10 MB max file size. Proof of Residency Upload New Submission 1 of 1 Application for Advisory Boards Board Selection Personal Info Education & Work Attachments 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 * Yes No Date captured on form submission New Submission 1 of 2 Signature * Previous reCAPTCHA I'm not a robot Privacy - Terms Submit Save as Draft Sign Next New Submission 2 of 2 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0673 Agenda Date: 8/4/2022 Status: Public HearingVersion: 1 File Type: Action ItemIn Control: Economic Development & Housing Agenda Number: 8.1 SUBJECT/RECOMMENDATION: Declare surplus for the purpose of sale, through Request for Proposals and Qualifications 43-22, real property located at 1454 South Martin Luther King Jr. Avenue, whereby the successful proposal meets the terms established by Council. (APH) SUMMARY: This property is currently vacant, and it is identified by Resolution #22-13 as a city-owned property appropriate for use as affordable housing (Pinellas County Property I.D. #22-29-15-00000-320-1300). The property was acquired for $84,000 in 1995 with Community Development Block Grant (CDBG) program funding made available to the city from the United States Department of Housing and Urban Development (HUD). The City’s initial goal was to procure a developer to develop a seven-unit single family subdivision for low- to moderate-income households. At this time, staff believes that an attached multi-family project, such as a townhome or villa concept, providing for more residential units, will be a better fit with the character of the neighborhood while still creating homeownership opportunities. Because the property was purchased with CDBG funds, residential development is required to reserve a minimum of 50% of the units for households with total household income not to exceed 80% of Area Median Income (AMI) as determined by HUD. Staff is recommending a mixed-income project whereby the remaining units are reserved for households earning up to 120% AMI. Staff is also recommending a project with the highest density practicable while staying consistent with the existing scale and development pattern in the neighborhood. Maximum density, including additional units from the affordable housing density bonus, is 24 units. Proceeds from sale will be used for future CDBG-eligible projects administered by the Economic Development & Housing Department. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 8/3/2022 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ORD 9598-22 Agenda Date: 8/4/2022 Status: Public HearingVersion: 1 File Type: OrdinanceIn Control: Engineering Department Agenda Number: 8.2 SUBJECT/RECOMMENDATION: Approve the request from the owner of property addressed 1979 Hastings Drive, Clearwater to vacate the 5-foot-wide platted Utility Easement, located on Lot 24, Re-Plat of Willow Ridge, according to the map or plat thereof as recorded in Plat Book 71, Pages 98-101, Public Records of Pinellas County, Florida, less and except the east and west 10 feet thereof, and pass Ordinance 9598-22 on first reading. SUMMARY: The property owner at 1979 Hastings Dr, Clearwater, has requested that the City vacate the northerly 5 ft. Utility Easement between the West side 10 ft. Utility Easement and the East side 10 ft. Drainage/Utility Easement. The purpose of this vacation is to provide space to place a generator. There are no city utilities present within this easement. All private utility companies have no objection to the vacation. City staff have reviewed this vacation and have no objection . Page 1 City of Clearwater Printed on 8/3/2022 1 Ord. No. 9598-22 ORDINANCE NO. 9598-22 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING THE 5-FOOT-WIDE PLATTED UTILITY EASEMENT, LOCATED ON LOT 24, RE-PLAT OF WILLOW RIDGE, ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 71, PAGES 98- 101, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, LESS AND EXCEPT THE EAST AND WEST 10 FEET THEREOF; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner in fee title of real property described and depicted in Exhibit “A” (attached hereto and incorporated herein), has requested that the City vacate said utility easement; and WHEREAS, the City Council of the City of Clearwater, Florida finds that said utility easement is not necessary for municipal use and it is deemed to be in the best interest of the City and the general public that the same be vacated; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following: A utility easement described as follows: See Exhibit “A” is hereby vacated, closed and released, and the City of Clearwater releases all of its right, title and interest thereto. Section 2. The City Clerk shall record this ordinance in the Public Records of Pinellas County, Florida, following adoption. Section 3. This ordinance shall take effect immediately upon adoption. 2 Ord. No. 9598-22 PASSED ON FIRST READING ________________________________ PASSED ON SECOND AND FINAL READING AND ADOPTED ________________________________ ________________________________ Frank Hibbard Mayor Approved as to form: Attest: ________________________________ ________________________________ Laura Mahony Rosemarie Call Senor Assistant City Attorney City Clerk EXHIBIT A HASTINGS DRCLARENDON RDRADCLIFFE DR N 1978 1984 1972 1966 1984 1960 1967 1973 19121966 1930192419061960 1972 1961 19181990 1978 1979 1985 1994 Document Path: C:\Users\Kelsey.Troyer\City of Clearwater\Engineering Geographic Technology - Documents\GIS\Engineering\Location Maps\Vac2022-10\Vac2022-10.aprx Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com Page: 1 of 1Aerial Flown 2021 VAC2022-10 Proposed 5ft Utility Easement Vacation 1979 Hastings Dr. N.T.S.Scale:KTMap Gen By:TMReviewed By:6/16/2022Date: AERIAL MAP PROPOSED UTILITY EASEMENT VACATION Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0610 Agenda Date: 8/4/2022 Status: Public HearingVersion: 1 File Type: Action ItemIn Control: Planning & Development Agenda Number: 8.3 SUBJECT/RECOMMENDATION: Provide direction on the proposed first amendment to an existing Development Agreement between Beachrock Lodging LLLP (the property owner) and the City of Clearwater for property located at 325 Gulfview Boulevard and 326 Coronado Drive, which includes a revision to Exhibit B to provide new conceptual site plans and elevations, and sets a new date by which time site plan approval must be obtained; and confirm a second public hearing in City Council Chambers before City Council on August 18, 2022 at 6:00 p.m., or as soon thereafter as may be heard. (HDA2013-08004A) SUMMARY: Site Location and Existing Conditions: The 1.601-acre site is comprised of two parcels. The subject site is a double frontage property and has frontage along the following streets: approximately 240 feet of frontage along South Gulfview Boulevard (west) and 350 feet of frontage along Coronado Drive (east). The site is occupied by two hotels with a five-story hotel (the Beachview Inn, a 64-unit overnight accommodation use built in 1982, according to Pinellas County Property Appraiser records) occupying the larger of the two parcels. The second, smaller parcel is occupied by an attached dwelling use with five units built in 1954 (also according to Pinellas County Property Appraiser records). The overall subject site is zoned Tourist (T) District with an underlying future land use category of Resort Facilities High (RFH) and is also located within the Beach Walk District of Beach by Design. Access to the portion of the site occupied by the attached dwelling is provided by a narrow driveway along Coronado Drive. The larger parcel is accessed via a pair of two-way driveways along Coronado Drive. Parking is provided along the east side of the site. The hotel building is located along the west side of the site. The attached dwelling building is centrally located on its parcel. A pool area is located at the southwest corner of the larger parcel. The site enjoys direct access to Beach Walk. The larger area is characterized by a variety of uses including overnight accommodations, retail, outdoor recreation and entertainment, restaurant and attached dwelling uses with heights ranging from one to 15 stories. The City’s Beach Walk project, to the west, has been constructed transforming South Gulfview Boulevard to the north of this site into a winding beachside promenade with lush landscaping, artistic touches and clear views to Clearwater's award-winning beach and the water beyond. Coronado Drive has largely been improved according to Beach by Design. Site History: Page 1 City of Clearwater Printed on 8/3/2022 File Number: ID#22-0610 Ø On June 5, 2014, the City Council approved the allocation of up to 100 units from the Hotel Density Reserve under Beach by Design (Case No. HDA2013-08004) and adopted a resolution to the same effect (Res. No. 14-11). The owners proposed to develop the site with 180-unit overnight accommodations use with associated accessory/amenity uses including commercial space, restaurant, meeting rooms, exercise room and the like. Ø On March 17, 2015, the Community Development Board (CDB) approved a Level II Flexible Development application (FLD2014-12034) for a 180-room overnight accommodations use in the Tourist (T) District. A series of extension requests have been approved extending the validity of the issued Development Order until February 12, 2026. Development Proposal: This application includes a significant building redesign, and even though the result is an overall height reduction from 140 feet as previously approved to 100 feet as currently proposed, it substantially changes the character of the project and an amendment to the agreement is required. Otherwise, there is no change in the site area (1.601 acres), density (113 units per acre), total number of units allocated from the Hotel Density Reserve through Beach by Design (100) or the overall number of hotel units (180) which utilizes the otherwise permitted density of 50 units per acre or 80 units as originally approved. The request includes a new conceptual site plan and accompanying building elevations (Exhibit B) and certain changes to the Development Agreement limited to a reflection of the new proposed height as listed below. §Section 4.4 is updated to show a decrease in height from 140 feet to no more than 100 feet. §Exhibit B is updated to reflect the revised conceptual site plan and elevations. All structures on the site will be demolished and redeveloped with the 180-unit overnight accommodation use designed with a tropical modern architecture consistent with and complementary to the tropical vernacular envisioned in Beach by Design. The most obvious changes to the proposal can be found in the elevations. The proposed elevations depict a height of 94 feet to roof deck, and the Agreement provides for a maximum height of no more than 100 feet to roof deck. The submittal consists of conceptual plans and elevations with the intention being that they will be refined and modified somewhat through and as part of the Flexible Development review process. The proposed maximum height will allow the applicant some flexibility as the floor plans are finalized. The site will be accessed via a one-way driveway as well as a separate service-only driveway all from Coronado Drive. The primary pedestrian entrances are located centrally along the west side of the building providing direct access to Beach Walk and at the northeast quadrant of the building providing direct access to Coronado Drive. A ground floor entry lobby is provided at the northeast quadrant of the building as well as parking and retail space. Most of the ground floor retail space is located along the west side of the building along Beach Walk. Retail space is also located at the southeast corner of the ground floor of the building. The second floor contains primarily parking and mechanical equipment and other back-of-house components. A formal check-in lobby is provided on the third floor as is a ballroom, dining area, additional retail space and kitchens along with an exterior pool and amenity deck. The remaining floors are primarily dedicated to hotel units. Page 2 City of Clearwater Printed on 8/3/2022 File Number: ID#22-0610 A solid waste component will be located within the loading area within the northeast quadrant of the building. The dumpster will be rolled out to a staging area along Hamden Drive for servicing. Consistency with the Community Development Code (CDC): Minimum Lot Area and Width: Pursuant to CDC Table 2-802, the minimum required lot area and width for an overnight accommodations use is 20,000 square feet and between 100 and 150 feet, respectively. The subject property is 69,736 square feet in area and approximately 244 feet wide. The site is consistent with these Code provisions. Minimum Setbacks: The conceptual site plan depicts setbacks of zero feet to building along the front (west) along South Gulfview Boulevard, 15 feet along the front (east) along Coronado Drive and 10 feet along the sides (west, south and north). The proposed setbacks may be approved as part of a Level One (FLS) application, subject to meeting the applicable flexibility criteria of the Community Development Code; however, other elements such as height will require the project to be a Level Two (FLD) application. Maximum Height: Section B of the Design Guidelines within Beach by Design specifically addresses height. The proposal provides for a building up to 100 feet in height as measured from the design flood elevation where a height of up to 100 feet is permitted as prescribed by the CDC (subject to meeting the applicable flexibility criteria of the CDC and as approved as part of a Level II Flexible Development application) and limited by Beach by Design. The height of the proposed building is consistent with the Guidelines of Beach by Design. Minimum Off-Street Parking: The 180-room overnight accommodations use requires a minimum of 216 off-street parking spaces. A parking garage located on the first two levels of the building will provide a minimum of 216. This is consistent with the applicable Sections of the CDC. Landscaping: While a formal landscape plan is not required to be submitted for review at this time, the conceptual landscape areas depicted on the site plan show that adequate spaces for foundation landscaping will be provided along all street frontages. Since no perimeter landscape buffers are required in the Tourist (T) District, the proposed landscape areas meet or exceed what is required. It is noted, however, that flexibility may be requested /necessary as part of a Comprehensive Landscape Program which would be reviewed at time of formal site plan approval. Consistency with Beach by Design: Design Guidelines: A review of the provided architectural elevations and massing study was conducted and the proposed building does appear to be generally consistent with the applicable Design Guidelines established in Beach by Design. It is noted, however, that a more formal review of these Guidelines will need to be conducted as part of the final site plan approval process. Hotel Density Reserve: The project has been reviewed for compliance with those criteria established within Beach by Design concerning the allocation of hotel rooms from the Reserve. The project appears to be generally consistent with those criteria, including that the development complies with the Metropolitan Planning Organization’s (MPO) countywide approach to the application of traffic concurrency management for transportation facilities. The submitted Traffic Impact Study Page 3 City of Clearwater Printed on 8/3/2022 File Number: ID#22-0610 concludes that traffic operations at nearby intersections and on adjacent roadways would continue at acceptable levels of service. Standards for Development Agreements: The proposal is in compliance with the standards for development agreements, is consistent with the Comprehensive Plan and furthers the vision of beach redevelopment set forth in Beach by Design. The proposed first amended and restated amendment to the existing Development Agreement will be in effect for a period not to exceed ten years, meets the criteria for the allocation of rooms from the Hotel Density Reserve under Beach by Design and includes the following main provisions: §Provides for no change in the number of units (100 units) allocated from the Hotel Density Reserve (previously approved as part of HDA2013-08004/Resolution No. 14-11); §Revises Exhibit B which includes new conceptual site plans, architectural drawings, elevations and perspectives; §Requires the developer to obtain building permits within one year of approval of the amended and restated Development Agreement and certificates of occupancy in accordance with Community Development Code (CDC) Section 4-407; §Requires the return of any hotel unit obtained from the Hotel Density Reserve that is not constructed; §Prohibits the conversion of any hotel unit allocated from the Hotel Density Reserve to a residential use and requires the recording of a covenant restricting use of such hotel units to overnight accommodations usage; and §Requires a legally enforceable mandatory evacuation/closure covenant that the hotel will be closed as soon as practicable after a hurricane watch that includes Clearwater Beach is posted by the National Hurricane Center. Changes to Development Agreements: Pursuant to Section 4-606. I, CDC, a Development Agreement may be amended by mutual consent of the parties, provided the notice and public hearing requirements of Section 4-206 are followed. Revisions to conceptual site plans and/or architectural elevations attached as exhibits to this Development Agreement shall be governed by the provisions of Section 4-406, CDC. Minor revisions to such plans may be approved by the Community Development Coordinator. Other revisions not specified as minor shall require an amendment to this Development Agreement. Summary and Recommendation The proposal appears to be generally consistent with applicable components of the Community Development Code and Beach by Design and Staff is supportive of the request. Page 4 City of Clearwater Printed on 8/3/2022 Resolution No. 22-06 RESOLUTION NO. 22-06 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA AMENDING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF CLEARWATER AND BEACHROCK LODGING LLLP PROVIDING AN EFFECTIVE DATE. WHEREAS, the City and the Developer are parties to that certain Hotel Density Reserve Development Agreement (the “Agreement”) dated May 28, 2014, and the Agreement is attached as Exhibit “1;” and WHEREAS, the City and the Developer desire to amend certain terms and provisions of the Agreement, as more fully set forth in the attached Exhibit “2;” and, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section1. The FIRST AMENDMENT TO THE HOTEL DENSITY RESERVE DEVELOPMENT AGREEMENT between the City of Clearwater and BEACHROCK LODGING LLLP (as assigned), a copy of which is attached as Exhibit “2,” is hereby approved. Section 2. This resolution shall take effect immediately upon adoption. Section 3. The City Clerk is directed to submit a recorded copy of the Development Agreement to the state land planning agency no later than fourteen (14) days after the Development Agreement is recorded. PASSED AND ADOPTED this _______ day of _____________, 2022. ____________________________ Frank Hibbard Mayor Approved as to form: Attest: __________________________ _____________________________ Matthew Mytych Rosemarie Call Assistant City Attorney City Clerk ISTVAN L. PETERANECZAR94533FLORIDAISSUE DATE:PROJECT TITLE:ISSUED DRAWING LOG:PROJECT NO:DRAWING TITLE:SHEET:ITEM:DATE:$$&/($5:$7(55RJHUV6WUHHWW_I7KLVGUDZLQJVLVWKHSURSHUW\RIEHKDUSHWHUDQHF]LQFDQGPD\QRWEHXVHGRUUHSURGXFHGZLWKRXWZULWWHQSHUPLVVLRQIURPEHKDUSHWHUDQHF]LQFA-0012-28-2014MISC VIEWSMAI14.01DVA APPLICATIONMAINSTREAM HOTELPARCEL ACLEARWATER, FLORIDA ISTVAN L. PETERANECZAR94533FLORIDAISSUE DATE:PROJECT TITLE:ISSUED DRAWING LOG:PROJECT NO:DRAWING TITLE:SHEET:ITEM:DATE:$$&/($5:$7(55RJHUV6WUHHWW_I7KLVGUDZLQJVLVWKHSURSHUW\RIEHKDUSHWHUDQHF]LQFDQGPD\QRWEHXVHGRUUHSURGXFHGZLWKRXWZULWWHQSHUPLVVLRQIURPEHKDUSHWHUDQHF]LQFA-0022-28-2014MISC VIEWSMAI14.01DVA APPLICATIONMAINSTREAM HOTELPARCEL ACLEARWATER, FLORIDA A-2021A-201A-202A-201122POOL DECKPLAZA DECK13 - STORY HOTELPARKING DECKAND RAMPPARKINGENTRYSERVICEDRIVEPARKINGRAMPP/LP/LP/LP/LP/LP/LP/LEXISTING5-STORYBUILDINGEXISTING5-STORYBUILDINGCCCLZONE VE (BASE 14')ZONE VE (BASE 13')ZONE AE (BASE 11')ZONE AE (BASE 12')ZONE VE (BASE 13')ZONE AE (BASE 12')GULF VIEW BOULEVARDCORONADO DRIVE14"pp10' - 1 1/2"0' - 6"10' - 0"A-2032A-2042A-2031A-2041SETBACK10' - 0"SETBACK10' - 0"SETBACK10' - 0"SETBACK10' - 0"0' SETBACKSETBACK15' - 0"LANDSCAPEPLANTERSLANDSCAPEPLANTERSLANDSCAPELANDSCAPELANDSCAPESIDEWALKPEDESTRIANENTRYLANDSCAPELANDSCAPELANDSCAPEPUBLIC PLAZAAREAISTVAN L. PETERANECZAR94533FLORIDAISSUE DATE:PROJECT TITLE:ISSUED DRAWING LOG:PROJECT NO:DRAWING TITLE:SHEET:ITEM:DATE:$$&/($5:$7(55RJHUV6WUHHWW_I7KLVGUDZLQJVLVWKHSURSHUW\RIEHKDUSHWHUDQHF]LQFDQGPD\QRWEHXVHGRUUHSURGXFHGZLWKRXWZULWWHQSHUPLVVLRQIURPEHKDUSHWHUDQHF]LQFA-0032-28-2014SITE PLANMAI14.01DVA APPLICATIONMAINSTREAM HOTELPARCEL ACLEARWATER, FLORIDA 1" = 20'-0"1SitePROJECTNORTH UPUPUPUPA-2021A-201A-202A-201122GARAGEENTRY3BACK OFHOUSESTAIRSTAIR99412148384 SPACES855412%RAMPUP11%RAMPUPP/LP/LP/LP/LP/LP/LP/LSTAIRHOTELENTRYELEVLOBBY18' - 0" 24' - 0" 18' - 0"18' - 0" 25' - 9" 18' - 0" 18' - 0" 24' - 0" 18' - 0"18' - 0"27' - 0"24' - 0" 7' - 0"18' - 0"30' - 0"18' - 0"24' - 0"6' - 8"24' - 0"16' - 2"91' - 8 1/2"96' - 9 1/2"14' - 6"219' - 2"88' - 0" 20' - 6" 92' - 6" 18' - 4"219' - 4"7' - 0 1/2"TYP.9' - 0"72' - 1" 64' - 1" 62' - 6" 30' - 0" 14' - 5"243' - 1"4' - 0"8' - 0"23' - 10"100' - 0"20' - 0"A-2032A-2042A-2031A-2041ISTVAN L. PETERANECZAR94533FLORIDAISSUE DATE:PROJECT TITLE:ISSUED DRAWING LOG:PROJECT NO:DRAWING TITLE:SHEET:ITEM:DATE:$$&/($5:$7(55RJHUV6WUHHWW_I7KLVGUDZLQJVLVWKHSURSHUW\RIEHKDUSHWHUDQHF]LQFDQGPD\QRWEHXVHGRUUHSURGXFHGZLWKRXWZULWWHQSHUPLVVLRQIURPEHKDUSHWHUDQHF]LQFA-1012-28-2014GROUNDLEVEL PLANMAI14.01DVA APPLICATIONMAINSTREAM HOTELPARCEL ACLEARWATER, FLORIDA 1/16" = 1'-0"1Level 1 - GradePROJECTNORTH DNUPDNUPUPDNDNA-2021A-201A-202A-201122987312RAMPDOWN11%RAMPDOWN412%43 SPACESSTAIRSTAIROPEN TOBELOWOPEN TOBELOWBOHPUBLIC/LOBBYDINING/COMMERCIALTERRACEPLAZARAMPUPRAMPDNSTAIRP/LP/LP/LP/LP/LP/LP/LENTRYDRIVEBELOWBUILDINGABOVEBUILDINGABOVE9%12%18' - 0" 24' - 0" 18' - 2"18' - 0" 24' - 0" 10' - 11 1/2"24' - 0"24' - 0"6' - 0"A-2032A-2042A-2031A-2041ISTVAN L. PETERANECZAR94533FLORIDAISSUE DATE:PROJECT TITLE:ISSUED DRAWING LOG:PROJECT NO:DRAWING TITLE:SHEET:ITEM:DATE:$$&/($5:$7(55RJHUV6WUHHWW_I7KLVGUDZLQJVLVWKHSURSHUW\RIEHKDUSHWHUDQHF]LQFDQGPD\QRWEHXVHGRUUHSURGXFHGZLWKRXWZULWWHQSHUPLVVLRQIURPEHKDUSHWHUDQHF]LQFA-1022-28-2014LEVEL TWOPLANMAI14.01DVA APPLICATIONMAINSTREAM HOTELPARCEL ACLEARWATER, FLORIDA 1/16" = 1'-0"1Level 2PROJECTNORTHPROJECTNORTH DNUPDNUPDNUPA-2021A-201A-202A-20112212%12%RAMPUPRAMPDN865 SPACES81218811LOBBYSTAIRSTAIRP/LP/LP/LP/LP/LP/LP/L18' - 0"27' - 0"18' - 0" 24' - 0" 18' - 0" 18' - 0" 24' - 0" 18' - 0"18' - 0"24' - 0"6' - 0"PARKINGBELOWPARKINGBELOWA-2032A-2042A-2031A-2041ISTVAN L. PETERANECZAR94533FLORIDAISSUE DATE:PROJECT TITLE:ISSUED DRAWING LOG:PROJECT NO:DRAWING TITLE:SHEET:ITEM:DATE:$$&/($5:$7(55RJHUV6WUHHWW_I7KLVGUDZLQJVLVWKHSURSHUW\RIEHKDUSHWHUDQHF]LQFDQGPD\QRWEHXVHGRUUHSURGXFHGZLWKRXWZULWWHQSHUPLVVLRQIURPEHKDUSHWHUDQHF]LQFA-1032-28-2014LEVEL THREEPLANMAI14.01DVA APPLICATIONMAINSTREAM HOTELPARCEL ACLEARWATER, FLORIDA 1/16" = 1'-0"1Level 3PROJECTNORTH DNUPDNUPDNA-2021A-201A-202A-20112212%9RAMPDN42 SPACES7903 SFMEETING/PRE-FUNCTIONS377511POOLABOVELOBBYSTAIRSTAIRPARKINGBELOWPARKINGBELOWSTAIRP/LP/LP/LP/LP/LP/LP/LMECHMECHMECHSTORAGE79' - 6"18' - 0" 24' - 0" 18' - 0" 18' - 0" 24' - 0" 18' - 0"15' - 0"18' - 0"27' - 0"27' - 0"A-2032A-2042A-2031A-2041ISTVAN L. PETERANECZAR94533FLORIDAISSUE DATE:PROJECT TITLE:ISSUED DRAWING LOG:PROJECT NO:DRAWING TITLE:SHEET:ITEM:DATE:$$&/($5:$7(55RJHUV6WUHHWW_I7KLVGUDZLQJVLVWKHSURSHUW\RIEHKDUSHWHUDQHF]LQFDQGPD\QRWEHXVHGRUUHSURGXFHGZLWKRXWZULWWHQSHUPLVVLRQIURPEHKDUSHWHUDQHF]LQFA-1042-28-2014LEVEL FOURPLANMAI14.01DVA APPLICATIONMAINSTREAM HOTELPARCEL ACLEARWATER, FLORIDA 1/16" = 1'-0"1Level 4PROJECTNORTH DNDNDNUPDNUPA-2021A-201A-202A-201122ELEVLOBBYSTAIRSTAIRBOARDROOMQQ/KQQ/KQQ/KQQ/KQQ/KQQ/KQQ/KSUITESUITEQQ/K QQ/K QQ/K QQ/K QQ/K SUITE SUITE SUITECORRIDORROOFBELOWPARKINGBELOWPARKINGBELOWEXERCISE/ POOLBARUPPERPOOLPLAZAPOOLLOWERPOOLPLAZAP/LP/LP/LP/LP/LP/LP/LA-2032A-2042A-2031A-2041ISTVAN L. PETERANECZAR94533FLORIDAISSUE DATE:PROJECT TITLE:ISSUED DRAWING LOG:PROJECT NO:DRAWING TITLE:SHEET:ITEM:DATE:$$&/($5:$7(55RJHUV6WUHHWW_I7KLVGUDZLQJVLVWKHSURSHUW\RIEHKDUSHWHUDQHF]LQFDQGPD\QRWEHXVHGRUUHSURGXFHGZLWKRXWZULWWHQSHUPLVVLRQIURPEHKDUSHWHUDQHF]LQFA-1052-28-2014LEVEL FIVEPLANMAI14.01DVA APPLICATIONMAINSTREAM HOTELPARCEL ACLEARWATER, FLORIDA 1/16" = 1'-0"1Level 5PROJECTNORTH DNUPDNUPA-2021A-201A-202A-201122SUITEQQ/KQQ/K QQ/K QQ/K QQ/K SUITE SUITE SUITE SUITE SUITE QQ/K QQ/K QQ/KSUITE QQ/K QQ/K QQ/K QQ/K QQ/K QQ/K QQ/KQQ/KQQ/KELEVLOBBYHSKPCORRIDORP/LP/LP/LP/LP/LP/LP/LA-2032A-2042A-2031A-2041ISTVAN L. PETERANECZAR94533FLORIDAISSUE DATE:PROJECT TITLE:ISSUED DRAWING LOG:PROJECT NO:DRAWING TITLE:SHEET:ITEM:DATE:$$&/($5:$7(55RJHUV6WUHHWW_I7KLVGUDZLQJVLVWKHSURSHUW\RIEHKDUSHWHUDQHF]LQFDQGPD\QRWEHXVHGRUUHSURGXFHGZLWKRXWZULWWHQSHUPLVVLRQIURPEHKDUSHWHUDQHF]LQFA-1062-28-2014LEVEL SIX -NINE PLANMAI14.01DVA APPLICATIONMAINSTREAM HOTELPARCEL ACLEARWATER, FLORIDA 1/16" = 1'-0"1Level 6 - 9PROJECTNORTH DNUPA-2021A-201A-202A-201122QQ/K QQ/K QQ/K QQ/K QQ/KSUITE SUITE SUITE SUITE SUITECORRIDORSUITE QQ/K QQ/K QQ/K QQ/K QQ/K QQ/KSTAIRSTAIRHSKPROOFBELOWROOFBELOWPLAZABELOWP/LP/LP/LP/LP/LP/LP/LA-2032A-2042A-2031A-2041ISTVAN L. PETERANECZAR94533FLORIDAISSUE DATE:PROJECT TITLE:ISSUED DRAWING LOG:PROJECT NO:DRAWING TITLE:SHEET:ITEM:DATE:$$&/($5:$7(55RJHUV6WUHHWW_I7KLVGUDZLQJVLVWKHSURSHUW\RIEHKDUSHWHUDQHF]LQFDQGPD\QRWEHXVHGRUUHSURGXFHGZLWKRXWZULWWHQSHUPLVVLRQIURPEHKDUSHWHUDQHF]LQFA-1072-28-2014LEVEL TEN -THIRTEENPLANMAI14.01DVA APPLICATIONMAINSTREAM HOTELPARCEL ACLEARWATER, FLORIDA 1/16" = 1'-0"1Level 10 - 13PROJECTNORTH Level 20' - 0"Level 314' - 0"BFE-2' - 0"Sea Level-16' - 0"Level 1 - Grade-11' - 0"Level 424' - 8"Level 539' - 4"Level 650' - 0"Level 760' - 8"Level 871' - 4"Level 982' - 0"Level 1094' - 0"Level 11104' - 8"Level 12115' - 4"Level 13126' - 0"Roof138' - 0"Top of ElevatorOverrun146' - 8"Level 4.534' - 0"14' - 0"10' - 8"9' - 4"5' - 4"10' - 8"10' - 8"10' - 8"10' - 8"12' - 0"10' - 8"10' - 8"10' - 8"12' - 0"8' - 8"140' - 0"9' - 0"2' - 0"STEPBACK38' - 8"STEPBACK16' - 6"P/LP/LP/LSTEPBACK59' - 4"148' - 8"100' - 0"Level 20' - 0"Level 314' - 0"BFE-2' - 0"Sea Level-16' - 0"Level 1 - Grade-11' - 0"Level 424' - 8"Level 539' - 4"Level 650' - 0"Level 760' - 8"Level 871' - 4"Level 982' - 0"Level 1094' - 0"Level 11104' - 8"Level 12115' - 4"Level 13126' - 0"Roof138' - 0"Top of ElevatorOverrun146' - 8"Level 4.534' - 0"140' - 0"8' - 8"12' - 0"10' - 8"10' - 8"10' - 8"12' - 0"10' - 8"10' - 8"10' - 8"10' - 8"5' - 4"9' - 4"10' - 8"14' - 0"2' - 0"9' - 0"STEPBACK14' - 6"STEPBACK38' - 8"P/LP/L148' - 8"100' - 0"ISTVAN L. PETERANECZAR94533FLORIDAISSUE DATE:PROJECT TITLE:ISSUED DRAWING LOG:PROJECT NO:DRAWING TITLE:SHEET:ITEM:DATE:$$&/($5:$7(55RJHUV6WUHHWW_I7KLVGUDZLQJVLVWKHSURSHUW\RIEHKDUSHWHUDQHF]LQFDQGPD\QRWEHXVHGRUUHSURGXFHGZLWKRXWZULWWHQSHUPLVVLRQIURPEHKDUSHWHUDQHF]LQFA-2012-28-2014EXTERIORELEVATIONSMAI14.01DVA APPLICATIONMAINSTREAM HOTELPARCEL ACLEARWATER, FLORIDA 1/16" = 1'-0"1West 1/16" = 1'-0"2East Level 20' - 0"Level 314' - 0"BFE-2' - 0"Sea Level-16' - 0"Level 1 - Grade-11' - 0"Level 424' - 8"Level 539' - 4"Level 650' - 0"Level 760' - 8"Level 871' - 4"Level 982' - 0"Level 1094' - 0"Level 11104' - 8"Level 12115' - 4"Level 13126' - 0"Roof138' - 0"Top of ElevatorOverrun146' - 8"Level 4.534' - 0"140' - 0"8' - 8"12' - 0"10' - 8"10' - 8"10' - 8"12' - 0"10' - 8"10' - 8"10' - 8"10' - 8"5' - 4"9' - 4"10' - 8"14' - 0"2' - 0"STEPBACK21' - 2"STEPBACK92' - 6"STEPBACK32' - 6"P/LP/L148' - 8"9' - 0"100' - 0"Level 20' - 0"Level 314' - 0"BFE-2' - 0"Sea Level-16' - 0"Level 1 - Grade-11' - 0"Level 424' - 8"Level 539' - 4"Level 650' - 0"Level 760' - 8"Level 871' - 4"Level 982' - 0"Level 1094' - 0"Level 11104' - 8"Level 12115' - 4"Level 13126' - 0"Roof138' - 0"Top of ElevatorOverrun146' - 8"Level 4.534' - 0"8' - 8"12' - 0"10' - 8"10' - 8"10' - 8"12' - 0"10' - 8"10' - 8"10' - 8"10' - 8"5' - 4"9' - 4"10' - 8"14' - 0"2' - 0"9' - 0"STEPBACK92' - 6"STEPBACK53' - 8"P/L15' - 6"P/L140' - 0"148' - 8"100' - 0"ISTVAN L. PETERANECZAR94533FLORIDAISSUE DATE:PROJECT TITLE:ISSUED DRAWING LOG:PROJECT NO:DRAWING TITLE:SHEET:ITEM:DATE:$$&/($5:$7(55RJHUV6WUHHWW_I7KLVGUDZLQJVLVWKHSURSHUW\RIEHKDUSHWHUDQHF]LQFDQGPD\QRWEHXVHGRUUHSURGXFHGZLWKRXWZULWWHQSHUPLVVLRQIURPEHKDUSHWHUDQHF]LQFA-2022-28-2014EXTERIORELEVATIONSMAI14.01DVA APPLICATIONMAINSTREAM HOTELPARCEL ACLEARWATER, FLORIDA 1/16" = 1'-0"1North 1/16" = 1'-0"2South Level 20' - 0"Level 314' - 0"BFE-2' - 0"Sea Level-16' - 0"Level 1 - Grade-11' - 0"Level 424' - 8"Level 539' - 4"Level 650' - 0"Level 760' - 8"Level 871' - 4"Level 982' - 0"Level 1094' - 0"Level 11104' - 8"Level 12115' - 4"Level 13126' - 0"Roof138' - 0"Top of ElevatorOverrun146' - 8"Level 4.534' - 0"150' - 0"45' - 0"P/LP/LLevel 20' - 0"Level 314' - 0"BFE-2' - 0"Sea Level-16' - 0"Level 1 - Grade-11' - 0"Level 424' - 8"Level 539' - 4"Level 650' - 0"Level 760' - 8"Level 871' - 4"Level 982' - 0"Level 1094' - 0"Level 11104' - 8"Level 12115' - 4"Level 13126' - 0"Roof138' - 0"Top of ElevatorOverrun146' - 8"Level 4.534' - 0"150' - 0"45' - 0"P/LP/LTHEORETICALAREASACTUAL AREA %24,062 SQ FT. 18 %ELEVATIONNORTH24,010 SQ FT. 33 %SOUTH22,620 SQ FT. 0 SQ. FT. 100 %EAST22,760 SQ FT. 0 SQ. FT. 100 %WEST93,452 SQ FT. 11,973 SQ. FT. 13 %TOTAL:ISTVAN L. PETERANECZAR94533FLORIDAISSUE DATE:PROJECT TITLE:ISSUED DRAWING LOG:PROJECT NO:DRAWING TITLE:SHEET:ITEM:DATE:$$&/($5:$7(55RJHUV6WUHHWW_I7KLVGUDZLQJVLVWKHSURSHUW\RIEHKDUSHWHUDQHF]LQFDQGPD\QRWEHXVHGRUUHSURGXFHGZLWKRXWZULWWHQSHUPLVVLRQIURPEHKDUSHWHUDQHF]LQFA-2032-28-2014THEORETICALELEVATIONSMAI14.01DVA APPLICATIONMAINSTREAM HOTELPARCEL ACLEARWATER, FLORIDA 1/16" = 1'-0"1Theoretical West Elevation 1/16" = 1'-0"2Theoretical East Elevation Level 20' - 0"Level 314' - 0"BFE-2' - 0"Sea Level-16' - 0"Level 1 - Grade-11' - 0"Level 424' - 8"Level 539' - 4"Level 650' - 0"Level 760' - 8"Level 871' - 4"Level 982' - 0"Level 1094' - 0"Level 11104' - 8"Level 12115' - 4"Level 13126' - 0"Roof138' - 0"Top of ElevatorOverrun146' - 8"Level 4.534' - 0"P/LP/L150' - 0"45' - 0"THEORETICALAREASACTUAL AREA %24,062 SQ FT. 4,182 SQ. FT. 18 %ELEVATIONNORTH24,010 SQ FT. 7,791 SQ. FT. 33 %SOUTH22,620 SQ FT. 0 SQ. FT. 100 %EAST22,760 SQ FT. 0 SQ. FT. 100 %WEST93,452 SQ FT. 11,973 SQ. FT. 13 %TOTAL:Level 20' - 0"Level 314' - 0"BFE-2' - 0"Sea Level-16' - 0"Level 1 - Grade-11' - 0"Level 424' - 8"Level 539' - 4"Level 650' - 0"Level 760' - 8"Level 871' - 4"Level 982' - 0"Level 1094' - 0"Level 11104' - 8"Level 12115' - 4"Level 13126' - 0"Roof138' - 0"Top of ElevatorOverrun146' - 8"Level 4.534' - 0"150' - 0"45' - 0"P/LP/LISTVAN L. PETERANECZAR94533FLORIDAISSUE DATE:PROJECT TITLE:ISSUED DRAWING LOG:PROJECT NO:DRAWING TITLE:SHEET:ITEM:DATE:$$&/($5:$7(55RJHUV6WUHHWW_I7KLVGUDZLQJVLVWKHSURSHUW\RIEHKDUSHWHUDQHF]LQFDQGPD\QRWEHXVHGRUUHSURGXFHGZLWKRXWZULWWHQSHUPLVVLRQIURPEHKDUSHWHUDQHF]LQFA-2042-28-2014THEORETICALELEVATIONSMAI14.01DVA APPLICATIONMAINSTREAM HOTELPARCEL ACLEARWATER, FLORIDA 1/16" = 1'-0"1Theoretical North Elevation 1/16" = 1'-0"2Theoretical South Elevation 21' - 6"59' - 0"43' - 4"20' - 0"72' - 4"GULFVIEW BOULEVARDCORONADO DRIVE88' - 0"20' - 6"92' - 6"14' - 5"72' - 1"64' - 1"62' - 6"30' - 0"14' - 5"4' - 0"14' - 6"96' - 9 1/2"91' - 8 1/2"16' - 2"GULFVIEW BOULEVARDCORONADO DRIVE15' CORONADO DRIVESTEPBACK15' CORONADO DRIVESTEPBACK83' - 1 1/2"7' - 0 1/2"72' - 1"64' - 1"62' - 6"30' - 0"14' - 5"72' - 4"20' - 0"43' - 4"59' - 0"GULFVIEW BOULEVARDCORONADO DRIVE15' CORONADO DRIVESTEPBACK15' CORONADO DRIVESTEPBACK16' - 2"91' - 8 1/2"96' - 9 1/2"14' - 6"4' - 0"3' - 5"14' - 3 1/2"92' - 5 1/2"20' - 7 1/2"88' - 11"GULFVIEW BOULEVARDCORONADO DRIVEISTVAN L. PETERANECZAR94533FLORIDAISSUE DATE:PROJECT TITLE:ISSUED DRAWING LOG:PROJECT NO:DRAWING TITLE:SHEET:ITEM:DATE:$$&/($5:$7(55RJHUV6WUHHWW_I7KLVGUDZLQJVLVWKHSURSHUW\RIEHKDUSHWHUDQHF]LQFDQGPD\QRWEHXVHGRUUHSURGXFHGZLWKRXWZULWWHQSHUPLVVLRQIURPEHKDUSHWHUDQHF]LQFA-3012-28-2014MASSINGSTUDYMAI14.01DVA APPLICATIONMAINSTREAM HOTELPARCEL ACLEARWATER, FLORIDA4MASS MODEL - SW CORNER2MASS MODEL - NE CORNER3MASS MODEL - SE CORNER1MASS MODEL - NW CORNER ISTVAN L. PETERANECZAR94533FLORIDAISSUE DATE:PROJECT TITLE:ISSUED DRAWING LOG:PROJECT NO:DRAWING TITLE:SHEET:ITEM:DATE:$$&/($5:$7(55RJHUV6WUHHWW_I7KLVGUDZLQJVLVWKHSURSHUW\RIEHKDUSHWHUDQHF]LQFDQGPD\QRWEHXVHGRUUHSURGXFHGZLWKRXWZULWWHQSHUPLVVLRQIURPEHKDUSHWHUDQHF]LQFA-3022-28-2014ISOMETRICSTUDYMAI14.01DVA APPLICATIONMAINSTREAM HOTELPARCEL ACLEARWATER, FLORIDA23D MODEL - NE CORNER13D MODEL - NW CORNER33D MODEL - SE CORNER43D MODEL - SW CORNER R 500' - 0"R 500' - 0"233'R 500' - 0"R 800' - 0"100' - 0"100' - 0"BUILDINGS OVER 100' HEIGHT800' RADIUS BETWEEN BUILDINGS500' RADIUS BETWEEN BUILDINGS100' BUILDING SEPARATIONISTVAN L. PETERANECZAR94533FLORIDAISSUE DATE:PROJECT TITLE:ISSUED DRAWING LOG:PROJECT NO:DRAWING TITLE:SHEET:ITEM:DATE:$$&/($5:$7(55RJHUV6WUHHWW_I7KLVGUDZLQJVLVWKHSURSHUW\RIEHKDUSHWHUDQHF]LQFDQGPD\QRWEHXVHGRUUHSURGXFHGZLWKRXWZULWWHQSHUPLVVLRQIURPEHKDUSHWHUDQHF]LQFA-3032-28-2014BUILDINGSEPARATIONSMAI14.01DVA APPLICATIONMAINSTREAM HOTELPARCEL ACLEARWATER, FLORIDA HDA3013‐08004 325 S Gulfview Blvd, Parcel A 2014 1 Rev. 04/07/2014     ATTACHMENT A  Mainstream Parcel “A” LEGAL DESCRIPTION  DESCRIPTION: (AS PROVIDED BY CLIENT)     PROJECT AREA ‐ PARCEL "A"     PARCEL 10:  LOT  111  AND  THE  NORTHERLY  1/2  OF  LOT  112, THE LLOYD‐WHITE‐ SKINNER SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK  13, PAGES 12  AND 13, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA.    PARCEL  11:  THE SOUTHERLY 1/2 OF LOT 112 AND ALL OF LOTS 113, 114, 115, 116 AND  117, THE LLOYD‐WHITE‐SKINNER SUBDIVISION, ACCORDING  TO  THE  PLAT  THEREOF AS  RECORDED IN PLAT BOOK 13, PAGES 12 AND 13, OF THE PUBLIC RECORDS OF PINELLAS  COUNTY, FLORIDA; AND LOTS 63 THROUGH 66, INCLUSIVE, THE LLOYD‐WHITE‐SKINNER  SUBDIVISION, ACCORDING TO  THE PLAT  THEREOF  AS RECORDED IN PLAT BOOK 13,  PAGES 12 AND 13, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA.    TOGETHER WITH THE FOLLOWING PROPOSED GULF VIEW BOULEVARD RIGHT‐OF‐WAY  VACATION:     THE EASTERLY 35.00 FEET OF  THE  GULF  VIEW  BOULEVARD RIGHT‐OF‐WAY (70.00  FEET TOTAL WIDTH PER PLAT), LOCATED ADJACENT TO  THE  WESTERLY  LINE  OF  LOTS   63  THROUGH  66, INCLUSIVE,  THE  LLOYD‐WHITE‐SKINNER  SUBDIVISION,  ACCORDING   TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 13, PAGES 12  AND  13 OF THE  PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA.    PROPOSED RIGHT‐OF‐WAY VACATION ADDED PER DIRECTION OF CLIENT.     CONTAINING 1.60 ACRES MORE OR LESS.  1 Return to: City Attorney’s Office City of Clearwater P.O. Box 4748 Clearwater, FL 33758 Amendment to Development Agreement THIS AMENDMENT to DEVELOPMENT AGREEMENT (“Amendment”) is dated the ____ day of _______________, 2022 and entered into between Beachrock Lodging LLLP, a Florida limited partnership (“Developer”), its successors and assigns, and the CITY OF CLEARWATER, FLORIDA, a municipality of the State of Florida acting though its City Council, the governing body thereof (“City”). Recitals: WHEREAS, Sections 163.3220 - 163.3243, Florida Statutes, which set forth the Florida Local Government Development Agreement Act ("Act"), authorize the City to enter into binding development agreements with persons having a legal or equitable interest in real property located within the corporate limits of the City; and WHEREAS, under Section 163.3223 of the Act, the City has adopted Section 4-606 of the City of Clearwater Community Development Code ("Code"), establishing procedures and requirements to consider and enter into development agreements; and WHEREAS, the City and Mainstream Partners VIII, LTD, (“Original Developer”) entered into a Hotel Density Reserve Development Agreement (HDA2013-08004, Resolution 14-11) dated May 28, 2014 and recorded at Official Records Book 18431, Page 535 in the public records of Pinellas County (“Development Agreement”); and WHEREAS, the Original Developer’s interest in the Development Agreement was assigned to Ker Holdings Beachview, LLC, and subsequently assigned to Developer (Beachrock Lodging LLLP), as consented to by the City by execution of a Joinder of the Assignment dated July 28, 2021; and WHEREAS, Beach by Design proposed additional hotel units to equalize development opportunities on the beach and ensure Clearwater Beach remains a quality, family resort community by further providing for a limited pool of additional hotel units (“Hotel Density Reserve”) to be made available for mid-sized hotel projects; and WHEREAS, the Development Agreement provided one hundred (100) units from the Hotel Density Reserve to the Developer to be utilized on 1.6 acres of real property (as described in the Development Agreement as “Property”); and WHEREAS, maximum density permitted on the Property, pursuant to Beach by Design, is 150 units per acre; and the Development Agreement provided for a density of 113 hotel units per acre; and WHEREAS, the Developer desires to modify the Project design as provided for herein and in Exhibit A, attached hereto and made part hereof; and WHEREAS, upon completion of the Project contemplated in the Amended Agreement, the Project will contain a total of one hundred eighty (180) overnight accommodation units (113 units per acre), which includes one hundred (100) units originally granted from the available Beach by Design Hotel Density Reserve (“Amended Project”); and WHEREAS, the City has conducted such hearings as are required by and in accordance with Chapter 163.3220 Fla. Stat. (2019) and any other applicable law; and WHEREAS, the City has determined that, as of the Effective Date of this Amendment, the proposed project is consistent with the City’s Comprehensive Plan and Land Development Regulations; and WHEREAS, the City has conducted public hearings as required §§ 4-206 and 4-606 of the Community Development Code (“Code”); and WHEREAS, at a duly called public meeting on _________________, the City Council approved this Amendment and authorized and directed its execution by the appropriate officials of the City; and WHEREAS, the upon approval by the City Council, the Developer will seek to amend the site plan approved pursuant to FLD2014-12034 pursuant to the Code (“Site Plan”) which has been extended pursuant to state and local law; and WHEREAS, the City and the Developer desire to amend certain terms and provisions of the Agreement as more fully set forth herein below. STATEMENT OF AGREEMENT NOW THEREFORE, in consideration of and in reliance upon the premises, the mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto intending to be legally bound and in accordance with the Act, agree as follows: SECTION 1. Recitals. The above recitals are true and correct and are a part of this Agreement. SECTION 2. Incorporation of the Act. This Agreement is entered into in compliance with and under the authority of the Code and the Act, the terms of which as of the date of this Agreement are incorporated herein by this reference and made a part of this Agreement. Words used in this Agreement without definition that are defined in the Act shall have the same meaning in this Agreement as in the Act. SECTION 3. Scope of Project. Notwithstanding an yt hi n g contained in the Development Agreement to the contrary, section 4 and all o t h e r references in the Agreement and Exhibits regarding the Scope of the Project shall be consistent with the following: (a) Section 4.4 is amended to read: The density of the Project shall be 113 units/acre. In no instance shall the density of a parcel of land exceed 150 units per acre. The height of the Project is proposed to be 99 feet 0 inches (99’0”) but shall not exceed 100 feet as measured from the point at which minimum floor elevations have been established by law, as defined in the City’s Community Development Code. The maximum building heights of the various character districts cannot be increased to accommodate hotel rooms allocated from the Hotel Density Reserve. (b) The Project shall substantially conform with the plans included in Exhibit B attached hereto and made part hereof, which is consistent with Beach by Design. SECTION 4. Expiration Date. The Agreement, as amended, shall expire ten (10) years after the adoption of this Amendment. SECTION 5. Ratification. Except as specifically modified herein, all terms, conditions and obligations contained in the Development Agreement shall retain in full force and effect and are reaffirmed by the parties hereto. Signature Page to Amendment to Development Agreement HDA2013-08004A In the Presence of: Beachrock Lodging, LLLP, a Florida limited partnership ______________________________ ______________________________ Print Name: ____________________ ____________, as _______________ ______________________________ Print Name: ____________________ As to "Developer" CITY OF CLEARWATER, FLORIDA ______________________________ By: _____________________________ Print Name: ____________________ Jon Jennings, City Manager ______________________________ Print Name: ____________________ As to "City" Attest: _________________________________ Rosemarie Call, City Clerk Countersigned: _________________________________ Frank Hibbard, Mayor Approved as to Form: _________________________________ _________________________________ Assistant City Attorney Signature Page to Amendment to Development Agreement HDA2013-08004A STATE OF ________________ COUNTY OF ___________ The foregoing instrument was acknowledged before me by means of  physical presence of  online notarization this _____ day of ________________, 2022 by by ___________________, as __________________ of Beachrock Lodging, LLLP a Florida limited partnership. He is  personally known to me or  has produced a valid driver’s license as identification. ________________________________ Notary Public Print Name: ______________________ My Commission Expires: Page 2 of 11 325 S. Gulfview Boulevard & 326 Coronado Drive Amendment to Hotel Development Agreement (HDA2013-08004) – Revised June 6, 2022 Property Address: 325 S. Gulfview Boulevard & 326 Coronado Drive, Clearwater, Florida Parcel Identification Numbers: 07-29-15-52380-000-0630 and 07-29-15-52380-000-1110 Zoning District: Tourist (T) Future Land Use: Resort Facilities High (RFH) Project Description & Request The subject property is 1.6 acres of real property (the “Property”) which previously received development approval for a hotel project consisting of: the demolition of existing hotel rooms and other uses and the construction of new hotel project with 180 overnight accommodation units, an approved density of 113 units per acre, meeting space for guest use, a pool, a new lobby and parking with 241 parking spaces1, at an approved height of 140 feet measured from Base Flood Elevation (the “Project”)2. On June 5, 2014, the City Council of the City of Clearwater (the “City”) approved a Hotel Density Reserve Agreement, HDA2013-08004 (the “Development Agreement”), for the Project, and adopted a resolution to the same effect (Resolution No. 14-11). The Development Agreement allocated 100 units from the Hotel Density Reserve to the Project. The Development Agreement also included a Project Design, represented as Exhibit “B” to the Development Agreement that is consistent with Beach by Design. On March 17, 2015, the Community Development Board approved, subject to conditions, a Flexible Development application (FLD2014-12034) to permit the Project and a two year Development Order under the provisions of Community Development Code Section 4-407 consistent with the Development Agreement. The Development Order approving application No. FLD2014-12034 (the “Development Order”) has been extended pursuant to nine separate extension requests, and the current expiration date is June 25, 2024. The Applicant is the current owner of the Property, and has received an assignment of the Developer’s rights (the “Assignment”), and the City has executed a Joinder of the Assignment meeting the requirements of the Development Agreement (the “Joinder”). The Applicant wishes to update the Project Design as a beachfront destination that makes the most of its appealing location along Beach Walk and within South Beach. The updated Project Design reduces the height of the approved structure and will include public realm improvements including landscaping, furnishings, and pedestrian improvements that enhance the Beach Walk experience Additional ground-floor retail will be accessible to hotel guests and the general public, making the hotel a welcoming part of the neighborhood. The hotel’s entrance will be designed to greet guests with a sense of arrival, while ground level connections will invite interaction with Beach Walk. The new design will also make aesthetic improvements to the building facades, planned parking, and height of the building. The Applicant is not requesting additional units from the Hotel Density Reserve and acknowledges there are no additional units available. The Applicant is also not adding or removing any property to the site. 1 The original Development Agreement identified 216 spaces; however FLD 2014 provided for a greater number of parking spaces. 2 Since the approval, the city has adjusted its height measurements to use Design Flood Elevation as opposed to the previously approved Base Flood Elevation. Page 3 of 11 The proposed modification will substitute the Revised Project Design, included with this submittal in lieu of the Project Design represented as “Exhibit B” to the Development Agreement. The Revised Project Design will meet the standards set out in Beach by Design, and will serve as an attractive, quality resort that enhances the South Beach experience. The prior approval included construction and use of a portion of the S. Gulfview Blvd. right of way that is contemplated to be vacated by Beach by Design. The Development Agreement and prior approved FLD approved the use of the contemplated, vacated right of way and the applicant previously provided specific utility relocation plans that were previously approved. This amendment continues to presume the vacated right of way is to be used – consistent with the balance of properties on S. Gulfview Blvd. Although the flood elevations have changed since the original approval, the construction design will meet the building code engineering standards necessary to construct the proposed ground floor retail. Hotel Density Reserve Criteria (Beach by Design) The site is appropriate for the allocation of hotel rooms from the Hotel Density Reserve (Reserve) as it was determined upon the initial approval of the Development Agreement on June 4, 2014, that all such criteria was met. The Development Agreement is effective for a period of ten (10) years, and the current expiration date of the Development Order is June 25, 2024. The request is in compliance with the standards for development agreements, is consistent with the Comprehensive Plan and furthers the vision of beach redevelopment set forth in Beach by Design. The proposed amendment meets the criteria for the allocation of rooms from the Hotel Density Reserve under Beach by Design and will include the following specific terms:  Effective duration will be for a period not to exceed ten (10) years from the Effective Date of the First Amendment;  The Project shall consist of 180 overnight accommodation units, with 100 units from the Hotel Density Reserve (no change to the number of units or the density of the existing Development Agreement);  “Exhibit B” to the Development Agreement will be replaced with a new exhibit, which will include new conceptual site plans, architectural drawings, elevations and perspectives;  The maximum building height is measured from Design Flood Elevation is proposed to be One Hundred Feet (100’) to the top of the parapet. This is a reduction from the approved height of 150’.  There are 237 parking spaces proposed where 216 are required  The parking will be revised to provide that one hundred percent (100%) of the parking for the Project will be provided as valet parking, with valet parking service provided seven days per week/24 hours per day; and  Approximately 20,741 sq. ft. of accessory space (13.42%) is provided. There are no other changes to the substantive provisions of the Agreement as found to comply with the Code and Beach by Design on previous reviews. Specifically,  All 180 units shall be used solely for transient occupancy of one month or thirty-one (31) consecutive days or less, must be licensed as a public lodging establishment and classified as a hotel, and must be operated by a single licensed operator of the hotel.  No unit shall be used as a primary or permanent residence. Page 4 of 11  Access to units is through an internal corridor.  The units are all available through a central reservation system for short term rentals.  There shall be a lobby/front desk area that will be operated as a typical lobby/front desk area for a hotel would be operated.  No unit shall have a complete kitchen facility as that term is used in the definition of “dwelling unit” in the City’s Code of Ordinances.  There shall be a legally enforceable mandatory evacuation covenant required by the original agreement and that requirement is not being modified.  Any hotel units obtained from the Hotel Density Reserve that are not constructed are required to be returned to the Hotel Density Reserve. Please see the side-by side comparison of the “as approved” and “as proposed” site plans, elevations and massing models, included with this submittal on sheets A12 through A23. Beach by Design Criteria The Applicant proposes a revised Project Design that will achieve the goals of Beach by Design to revitalize the Gulfview/Coronado area of Clearwater Beach by allowing buildings of greater height, while maintaining human scale at pedestrian level and maintaining light, air, and view corridors. Specifically, the Revised Project meets the Beach by Design Criteria as follows: A. Density: The Project will maintain a total of 180 overnight accommodation units, resulting in an overnight accommodation density of 113 units per acre based on a 1.6 acre parcel. This includes 80 base density units plus 100 additional units requested from the Hotel Density Reserve via the Development Agreement. The density is unchanged from the currently approved density in the Development Agreement. B. Height: The design flood elevation is 16 feet NAVD. The maximum allowable building height in the Tourist zoning district is 150 ft. above design flood elevation if certain conditions relating to additional density allocations, separation from other buildings, and floorplate limitations. The proposed building height is 100-ft as measured from Design Flood Elevation to the parapet wall (excluding Mechanical over-ride space), and shall not exceed 100 feet as measured from the point at which minimum floor elevations have been established by law, as defined in the City’s Community Development Code. Roof top mechanical will be screened per Code. The building meets the following conditions related to height: 1. Allocation of Additional Density: Additional density is allocated to the development either by (i) transferred development rights, (ii) by the Destination Resort Density Reserve pursuant to CRD designation, or (iii) by the Hotel Density Reserve where the subject property is located between South Gulfview Boulevard and the Gulf of Mexico or on the west side of Coronado Drive. DESIGN RESPONSE: One hundred (100) overnight accommodation units of additional density are allocated from the Hotel Density Reserve to the Project pursuant to the Development Agreement. Regardless, the proposed height is under 100 feet and therefore no additional height pursuant to this provision is requested. 2. Separation from other Buildings over 100’: Portions of any structures which exceed one hundred feet (100’) are spaced at least one hundred feet (100') apart (with no more than two (2) structures which exceed one hundred feet (100’) within five hundred feet (500’); or four (4) structures Page 5 of 11 which exceed one hundred feet (100’) within eight hundred feet (800’) so long as the elevations of all structures which exceed one hundred feet (100’) when such structures are viewed from the east do not occupy a total of forty percent (40%) of a north south vertical plane which is parallel to the alignment of Coronado and North Mandalay of the building envelope above one hundred feet (100’). DESIGN RESPONSE: As shown on the concept plans and architectural drawings, no portion of the building exceeds one hundred feet (100’) as measured from base flood elevation and therefore this provision does not apply. 3. Floorplate size limitation. The floorplate of any portion of a building that exceeds forty five feet (45’) in height is limited as follows: (a) between forty five feet (45’) and one hundred feet (100’), the floorplate will be no greater than 25,000 square feet except for parking structures open to the public; and (b) between one hundred feet (100') and one hundred fifty feet (150'), the floorplate will be no greater than 10,000 square feet; and (c) deviations to the above floorplate requirements may be approved provided the mass and scale of the design creates a tiered effect and complies with the maximum building envelope allowance above 45’ as described in section C. 1.4 below. DESIGN RESPONSE: As shown on the concept plans and architectural drawings, between 45’ and 100’ in height, there is no floorplate or portion of a floorplate that exceeds 25,000 square feet. There are no floorplates above 100’ in height. C. Design, Scale and Mass of Building: As illustrated in the design drawings, the building design of Hotel A respects and enhances the community character of the surrounding neighborhood. In addition, it meets the following specific standards: 1. Buildings with a footprint of greater than 5000 square feet or a single dimension of greater than one hundred (100) feet will be constructed so that no more than two (2) of the three (3) building dimensions in the vertical or horizontal planes are equal in length. For this purpose, equal in length means that the two lengths vary by less than forty (40%) of the shorter of the two (2) lengths. The horizontal plan measurements relate to the footprint of the building. DESIGN RESPONSE: Given the massing of the building, the various stepping of volumes, carving of the volume on the first floor, no two building dimensions per facade are equal in length. The façade length is as follows: North: 225 ft, South: 73 & 152 ft, East: 324 ft, West: 218 ft & 108 ft; the height of each façade is: North: 40 ft, South: 87.6 ft, East: 87.6 ft, West: 40 ft. 2. No plane of a building may continue uninterrupted for greater than one hundred linear feet (100’). For the purpose of this standard, interrupted means an offset of greater than five feet (5’). DESIGN RESPONSE: As demonstrated on the design drawings, each of the building facades will provide set-backs and step-backs as required by Beach-by-Design. No plane of a building will continue uninterrupted for greater than one hundred linear feet (100’), except for two key architectural building elements that are 108-ft as discussed with City staff prior to this submittal. The North façade is a common property line against a parking deck minimizing the impact of the façade length. 3. At least sixty percent (60%) of any elevation will be covered with windows or architectural decoration. For the purpose of this standard, an elevation is that portion of a building that is visible from a particular point outside the parcel proposed for development. DESIGN RESPONSE: As demonstrated in this application, where viewable from adjacent properties and not covered by adjacent buildings, this design proposes large fields of glazing, balconies, accent lines, Page 6 of 11 wall textures and stepped articulation on all facades providing for greater than 60% articulation on each of the facades. Specifically, the proposed building contains the following articulation percentages: North Façade: 60 % East Façade: 60 % South Façade: 61 % West Façade: 62 % 4. No more than sixty percent (60%) of the theoretical maximum building envelope located above forty-five feet (45’) will be occupied by a building. However, in those instances where an overnight accommodations use on less than 2.0 acres that has been allocated additional density via the Hotel Density Reserve, no more than seventy-five percent (75%) of the theoretical maximum building envelope located above forty-five feet (45’) may be occupied by a building unless the property is located between Gulfview Boulevard and the Gulf of Mexico, then no more than 70% may be occupied by a building. DESIGN RESPONSE: As per the provided calculations the overall building mass between 45 feet and 87.5 feet constitutes 43.3% volumetrically of the theoretical maximum building envelope, significantly below the 75% allowance for buildings with units allocated from the Hotel Pool. 5. The height and mass of buildings will be correlated to: (1) the dimensional aspects of the parcel proposed for development and (2) adjacent public spaces such as streets and parks. DESIGN RESPONSE: The design proposes an “L” shaped hotel guestroom tower that places its maximum heights to the north property line, along the public parking garage, and to the east, toward Coronado Drive. The parking garage is placed in the central portion of the 1st Floor and throughout the 2nd Floor and is screened from public view by occupied building and/or perforated metal panel façade. Storefront and retail space is utilized on the 1st floor for both the East/Coronado side and the West/Gulfview side along the pedestrian pathways. Landscaping and seating will be utilized to enhance these spaces. On the third level, the Beach Walk, Gulfview Boulevard, and the Gulf of Mexico are overlooked by restaurant seating and hotel pool/amenity deck. Coronado is also overlooked from the 3rd floor with a hotel breakfast and special event terrace. All restaurant, retail, and event spaces are accessible via elevators and stairways. 6. Buildings may be designed for a vertical or horizontal mix of permitted uses. DESIGN RESPONSE: The building will be designed to provide overnight accommodations with typical accessory uses including meeting space, restaurant, retail and other commercial areas. The retail located on the ground floor has exterior entrances and is accessible to the public. The Project is located within the AE flood zone which allows for occupied space at grade. Construction will comply with ASCE 24 and any other engineering standards and other requirements necessary to construct ground floor retail, as per the direction received from the City’s building official. D. Setbacks & Stepbacks: 1. Rights-of-way. The area between the building and the edge of the pavement as existing and planned should be sufficiently wide to create a pedestrian-friendly environment. The distances from structures to the edge of the right-of-way should be: (a) Fifteen feet (15’) along arterials, and b) Twelve feet (12’) along local streets. Page 7 of 11 DESIGN RESPONSE: Proposed setbacks are fifteen feet (15') on Coronado Drive. 2. Side and Rear Setbacks. Except for the setbacks set forth above, no side or rear setback lines are recommended, except as may be required to comply with the City’s Fire Code. DESIGN RESPONSE: Side and rear setbacks shall be governed by the provisions of the Tourist District of the Community Development Code unless otherwise prescribed in the applicable Character District provisions contained in Section II., Future Land Use. The Project Design provides 10’ building setbacks on the two side property lines, and a 0’ building setback along the northern property line along S. Gulfview. There is considerable public realm in this area, and the frontage is activated with retail spaces, terraces and landscape improvements that make up Beach Walk. Like the prior approval, the proposed design contemplates the vacation of a portion of S. Gulfview Blvd. as contemplated in Beach by Design. The Project Design will maximize opportunities for activation along Beach Walk. 3. Coronado Drive Setbacks and Stepbacks. To reduce upper story massing along the street and ensure a human scale street environment, buildings using the hotel density reserve along Coronado Drive shall be constructed in accordance with the following: a. Buildings constructed with a front setback of fifteen feet (15’) or more shall stepback with a minimum depth of fifteen feet (15’) from the setback line at a height not more than twenty-five feet (25’). DESIGN RESPONSE: The design proposes a 15 foot setback along Coronado Drive and steps back an additional 15 feet at not more than 25’ of height. b. Buildings constructed with a front setback greater than or equal to ten feet (10’) and less than fifteen feet (15’) shall stepback at a height not more than twenty feet (20’). The required stepback/setback ratio is one and one-half feet (1.5’) for every one foot (1’) reduction in setback in addition to the minimum stepback of fifteen feet (15’). DESIGN RESPONSE: Not applicable. c. Buildings constructed with a front setback of less than ten feet (10’) shall provide a building stepback required stepback/setback ratio is two and one-half feet (2.5’) for every one foot (1’) reduction in setback in addition to the minimum stepback of fifteen feet (15’). DESIGN RESPONSE: Not applicable. d. To achieve upper story facade variety and articulation, additional stepbacks may be required. To avoid a monotonous streetscape, a building shall not replicate the stepback configuration of the neighboring buildings including those across rights-of-way. DESIGN RESPONSE: The proposed design does not mimic or mirror the existing buildings. e. Required stepbacks shall span a minimum of 75% of the building frontage width. DESIGN RESPONSE: The design provides a step back along the building frontage of 15 feet. E. Street-Level Facades. The human scale and aesthetic appeal of street-level facades, and their relationship to the sidewalk, are essential to a pedestrian-friendly environment. Accordingly: Page 8 of 11 1. at least sixty percent (60%) of the street level facades of buildings used for nonresidential purposes which abut a public street or pedestrian access way, will be transparent. For the purpose of this standard: a. street level facade means that portion of a building facade from ground level to a height of twelve feet (12'); b. transparent means windows or doors that allow pedestrians to see into: (i) the building, or (ii) landscaped or hardscaped courtyard or plazas, where street level facades are set back at least fifteen feet (15’) from the edge of the sidewalk and the façade is a landscaped or hardscaped courtyard or plaza; c. parking structures should utilize architectural details and design elements such as false recessed windows, arches, planter boxes, metal grillwork, etc., instead of transparent alternatives. When a parking garage abuts a public road or other public place, it will be designed such that the function of the building is not readily apparent except at points of ingress and egress. DESIGN RESPONSE: The Revised Project Design includes facades with windows and doors, as well as a significant amount of open decorative elements to screen the garage. Specifically, the Project will be designed to include the following transparency features:  The first floor of the building along Coronado utilizes 60% glass, open space, and/or architecturally detailed building façade.  Perforated metal screening will be used on all garage openings.  Landscaping will be used to disguise the garage function of the building and tie it into the rest of the building.  Significant glazing will be used to create an inviting and open atmosphere for the retail spaces along S. Gulfview Blvd. that will enhance the pedestrian-friendly environment intended for this area. 2. Window coverings, and other opaque materials may cover no more than 10% of the area of any street-level window in a nonresidential building that fronts on a public right-of way. DESIGN RESPONSE: No opaque glass will be used in street-level facades. 3. Building entrances should be aesthetically inviting and easily identified. Goods for sale will not be displayed outside of a building, except as a permitted temporary use. This standard does not apply to outdoor food service establishments. DESIGN RESPONSE: The primary hotel and garage entrances are emphasized with a projecting canopy and signage to create an inviting appearance and is easily identifiable. Along Coronado, the primary pedestrian entrance is identified with a projecting canopy and identification signage. Along Gulfview, the primary entrance into the hotel is visually accented with two large pylons and with a covered canopy bearing identification signage. Retail shops are also identified with projecting canopies and identification signage. In addition, signage, landscaping, furnishings, and other visual cues will be integrated into the Project design to lead guests to building entrances. 4. Awnings and other structures that offer pedestrians cover from the elements are recommended. Awnings help define entryways and provide storefront identity to both pedestrians and drivers. DESIGN RESPONSE: Canopies will be installed to provide shade and connect the walkways and outdoor spaces. The encroachment into the rights of way will not exceed the code permitted Page 9 of 11 maximum. F. Parking Areas. To create a well-defined and aesthetically appealing street boundary, all parking areas will be separated from public rights of way by a landscaped decorative wall, fence or other opaque landscape treatment of not less than three feet (3’) and not more than three and one-half feet (31/2’) in height. Surface parking areas that are visible from public streets or other public places will be landscaped such that the parking areas are defined more by their landscaping materials than their paved areas when viewed from adjacent property. The use of shade trees is encouraged in parking lots. However, care should be taken to choose trees that do not drop excessive amounts of leaves, flowers, or seeds on the vehicles below. Entrances to parking areas should be clearly marked in order to avoid confusion and minimize automobile-pedestrian conflicts. Attractive signage and changes to the texture of the road (such as pavers) are recommended. When a parking garage abuts a public road or other public place, it will be designed such that the function of the building is not readily apparent except at points of ingress and egress. DESIGN RESPONSE: All parking on-site will be provided as valet parking on a 24/7 basis. Vehicles will be parked within structured parking and will not be visible from the exterior of the building. All garage openings will be screened with perforated, 50% opaque metal screening. Lush landscaping, including foundation planting and accent trees, will be used to further minimize the appearance of the function of the garage and tie it in with the rest of the building. Signage will be used to indicate that all parking is valet only, and to help avoid confusion and minimize automobile-pedestrian conflicts. Attractive signage and stamped colored concrete as shown in the architectural drawings (A8) will be used to help define entrances to parking areas. The driveway on and off site along Coronado are two-lane, one-way in and one-way out. Vehicle movement throughout the garage will be will be one-way throughout the garage. Drive aisles will be 22’ wide. All parking within the garage will be valet only. G. Signage. Signage is an important contributor to the overall character of a place. However, few general rules apply to signage. Generally, signage should be creative, unique, simple, and discrete. Blade signs, banners and sandwich boards should not be discouraged, but signs placed on the sidewalk should not obstruct pedestrian traffic. DESIGN RESPONSE: Signage shall be designed per code and submitted for approval along with the building permit. H. Sidewalks. Sidewalks along arterials and retail streets should be at least ten feet (10’) in width. All sidewalks along arterials and retail streets will be landscaped with palm trees, spaced to a maximum of thirty-five feet (35') on centers, with “clear grey” of not less than eight feet (8'). Acceptable palm trees include sabal palms (sabal palmetto), medjool palms (phoenix dactylifera ‘medjool’), and canary island date palms (phoenix canariensis). Sidewalks along side streets will be landscaped with palms (clear trunk of not less than eight feet (8')) or shade trees, spaced at maximum intervals of thirty-five feet (35') on centers. Portions of required sidewalks may be improved for nonpedestrian purposes including outdoor dining and landscape material, provided that: Movement of pedestrians along the sidewalk is not obstructed; and non-pedestrian improvements and uses are located on the street side of the sidewalk. Distinctive paving patterns should be used to separate permanent sidewalk café improvements from the pedestrian space on the sidewalk. To enhance pedestrian safety and calm traffic, distinctive paving should also be used to mark crosswalks. DESIGN RESPONSE: Sidewalks will provided to match existing widths. Landscaping shall be Page 10 of 11 designed per code and shall be submitted for approval at DRC application. I. Street Furniture and Bicycle Racks. Street furniture, including benches and trash receptacles should be liberally placed along the sidewalks, at intervals no greater than thirty linear feet (30') of sidewalk. Bicycle racks should also be provided, especially near popular destinations, to promote transportation alternatives. Complicated bicycle rack systems should be avoided. The placement of street furniture and bicycle racks should not interrupt pedestrian traffic on the sidewalk. DESIGN RESPONSE: Street Benches and trash receptacles area proposed along Coronado Drive and Beachwalk and shall be designed per code and submitted for approval at building permit. J. Street Lighting. Street lighting should respond to the pedestrian-oriented nature of a tourist destination. In this context, it should balance the functional with the attractive – providing adequate light to vehicular traffic, while simultaneously creating intimate spaces along the sidewalks. Clearwater’s historic lighting is an attractive, single-globe fixture atop a cast-iron pole. DESIGN RESPONSE: Street lighting shall be designed per code and submitted for approval at building permit. K. Fountains. Fountains provide attractive focal points to public spaces and add natural elements to urban environments. They should be interesting, engaging and unique. While it is important not to overburden architectural creativity regarding fountains, they should meet at least the following standards in order to be a functional and attractive component of the public space: They should be supplemented with street furniture such as benches and trash receptacles, and, They should have rims that are: (a) Tall enough to limit unsupervised access by small children, and (b) Wide enough to permit seating. Fountains should be encouraged in landscaped and hardscaped courtyards and plazas. DESIGN RESPONSE: There are no fountains planned for the property, at this time. L. Materials and Colors 1. Facades. Finish materials and building colors will reflect Florida or coastal vernacular themes. All awnings should contain at least three (3) distinct colors. Bright colors will be limited to trims and other accents. Glass curtain walls are prohibited. DESIGN RESPONSE: The proposed design complies with the Beach by Design guidelines and proposes a palate of white walls with accents of contrasting colors meeting the Beach by Design guidelines. 2. Sidewalks. Sidewalks will be constructed of: (a) pavers; (b) patterned, distressed, or special aggregate concrete; or (c) other finished treatment that distinguishes the sidewalks from typical suburban concrete sidewalks. Materials should be chosen to minimize the cost and complexity of maintenance. DESIGN RESPONSE: Proposed sidewalks will be designed using several coordinating finished treatments as well as concrete. 3. Street Furniture. Street furniture will be constructed of low-maintenance materials, and will be in a color that is compatible with its surroundings. DESIGN RESPONSE: All street furniture shall comply with this provision. Page 11 of 11 4. Color Palette. A recommended palette for building colors is presented on the following page. DESIGN RESPONSE: The design incorporates colors from the Beach by Design palette. UPDATED 06-14-2022; MTP 101 Coronado Drive (Pier 60 Hotel)72 108 108 0.72 150.00 36 5/19/2009 8/6/2009 Constructed Constructed FLD2009- 03013 / DVA2009- 00001 Wells Permit Status is completed. BCP2011-02294; BTR issued: BTR-0030708; 108 units; DBPR# HOT6215786 619 S. Gulfview Boulevard (Shephard's) 42 160 160 2.37 67.51 118 11/17/2009 12/17/2009 Constructed Constructed FLD2008- 12033 / DVA2008- 00002 Wells Allocated rooms reduced from 68 to 42 - minor revision on July 6, 2011; Permit Status is completed. BCP2011-09106/BCP2013-02542; BTR- 9005301: DBPR MOT6203452 655 S. Gulfview Boulevard (Hampton Inn / Quality Inn): (Hampton Inn: 635 Gulfview; Quality Inn: 655 Gulfview)90 181 181 1.44 125.96 71 N/A 4/16/2014 Constructed 2/6/2017 DVA2013- 03001 / HDA2014- 02001 / FLD2013- 03011 / FLD2014- 03007 Nurnberger BCP2014-06256 - issued 12/17/2014 / BCP2014-07307 - issued 02/06/2015; Permit Status is completed. BTR9021241 - QUALITY INN: 91 units; DBPR #MOT6205082; BTR-0038694 - HAMPTON INN & SUITES; DBPR LIC # HOT6215807; Total units: 182 316 Hamden Drive (Hotel B) 79 units allocated; 118 units proposed; 39 units base density; 0.82 acres 300 Hamden Drive (Hotel A) 95 units allocated; 142 units proposed; 47 units base density; 1.10 acres 521 South Gulfview Boulevard (Entrada)30 344 344 3.908 88.02 314 N/A 6/19/2014 Constructed 5/24/2015 HDA2014- 04002 / FLD2013- 11038 / FLD2014- 06019 Parry site plan as related to HDA214-04002 approved as part of FLD2013- 11038. New site plan approval request to accommodated approved units as part of the HDA - FLD2014-06019 - approved; BCP2014-11452 issued 08/07/2015; Permit Status is completed. BTR-0024076 - HOLIDAY INN HOTEL & SUITES: 189 units; BTR-0036443 - EDGE HOTEL: Total units: 362 units 650 Bay Esplanade (DeNunzio Hotel)55 102 102 0.95 107.37 47 6/18/2013 7/19/2013 Constructed 6/23/2017 DVA2013- 02001 / FLS2013-02006 Nurnberger Per 6.1.3.2 of the DVA - The Developer shall obtain permits and commenced construction on the development within four (4) years from the effective date of this Agreement (approx. 7/19/17). BCP2015-10210 - issued 12/10/2015 and is Completed; BCP2016-01459 - issued 03-29- 2016 and is Completed. BTR-0036580 - FAIRFIELD INN AND SUITES BY MARRIOTT: 102 units 353 Coronado Drive (Parcel B) (345 Coronado also 395 Coronado)96 144 144 0.962 149.69 48 N/A 6/19/2014 3/18/2022 3/18/2022 HDA2013- 08005 / FLD2015- 02005 Parry FLD2015-02005 approved; time extension granted 04-13-2019; Building Permits submitted; BCP2019-040024 listed as "active" as of 08-07-2020; BCP2019-110486 listed as "active" as of 08-07-2020. BCP2020-071064 listed as "active" as of 10-05-2020. Time extension granted 08-20-2021; site plan expiration is 03-18-2022 355 South Gulfview Boulevard (also 385 S Gulfview)59 88 88 0.59 149.15 29 N/A 7/20/2017 7/20/2018 12/7/2020 HDA2017- 04001 / FLD2017- 07012 / APP2017- Parry FLD2017-0712 approved; time extension granted 04-24-2019: site plan expiration is 04-06-2022 BCP2019-040435 submitted 04-12-2019; status: revisions needed as 07-16-2021; BCP2019-080810 submitted 08-27-2019 list as "active" as of 07-16-2021 11/17/200939135.421.92255260174 6/13/2015Constructed12/17/2009 Address of Receiving Property HOTEL DENSITY RESERVE PROJECTS - UNDER CONSTRUCTION / CONSTRUCTED NotesPlannerCase NumberFinal Project Expiration Site Plan Approval Needed by City Council ApprovalCDB MeetingRooms per Base DensityUnits / AcreAcreageTotal Rooms Proposed Total Rooms Built Rooms Allocated Wells DVA2009- 00002 / FLD2009- 08026; DVA2009- 00003 / FLD2009- 08027 (see also FLD2019- 11030) BCP2015-01211 issued 11-13-2015; Permit Status is completed. BTR- 0037618 for 140 units (Residence Inn); BTR-0037619 for 115 units (Springhill Suites); see also HDA2020-08003 / FLD2009-08026B and HDA2020-04002 / FLD2009-08027B for additional information; these additional cases numbers were for the reallocation of the five units that weren't built with the first building permit - they were approved for 260 units but only built 255. The additional noted cases brought back in those five units. 691 S. Gulfview Boulevard (the Views)92 202 202 1.35 149.97 67 N/A 10/16/2013 10/22/2021 10/22/2021 HDA2013- 08001 / FLD2013- 08028 Nurnberger FLD2013-08028 approved; time extension granted 02-09-2018; site plan expiration is 10-22-2021; BCP2020-010379 submitted on 01-15-2020 and is in "active" status; BCP2020-010471 submitted on 01-17-2020 and is in "active" status; BCP2020-110817 submitted on 11-25-2020 and is in "active" status; all as of 07-16-2021. 443 East Shore Drive (Courtyard by Marriott)139 139 110.32 6/19/2012 7/19/2012 5/26/2019 5/26/2019 FLD2012- 03008 / DVA2012- 03001 Jackson FLD2012-03008 approved; time extension granted 04-13-2020: permit expiration is 05-18-2021; BCP2014-08618 issued 08/13/2015; Permit Status is Active. Two TDR applications approved (TDR2018-10002 and 10001) which will transfer five hotel units to the site. The total proposed room count has been updated to include these units. An amendment to the original Development Agreement (listed to the left and given the case file number of HDA2012-03001A) was also submitted as was as an amendment to the approved FLD application (noted to the left and given the case file number of FLD2012-03008A). 443 East Shore Drive (Courtyard by Marriott) 1st amendment 12/18/2019 1/17/2019 1/17/2020 1/17/2020 HDA2012- 03001A / FLD2012- 03008A / TDR2018- 10001 / TDR2018- 10002 Teft Site plan approved; see comments above for permitting and other information. 443 East Shore Drive (Courtyard by Marriott) 2nd amendment TBD TBD TBD TBD DVA2012- 03001B Parry in review status - only realted to the use of eight slips - has nothing to do with intensity of use. Total Rooms Allocated from Reserve 781 Total Rooms Proposed 1,872Total Rooms Built 1,867 Address of Receiving Property Rooms Allocated Total Rooms Proposed Acreage Units / Acre Rooms per Base Density CDB Meeting City Council Approval Site Plan Approval Needed by Final Project Expiration Case Number Planner 325 South Gulfview Boulevard (Parcel A)100 180 1.60 112.50 80 N/A 6/4/2014 2/12/2026 2/12/2026 HDA2013-08004 / FLD2014-12034; HDA2013- 08804A (pending CC approval)Parry 405 Coronado Drive (Parcel C)1.32 125.76 66 9/18/2014 7/28/2024 7/28/2024 HDA2013-08006 / FLD2015-05016 Parry 405 Coronado Drive (Parcel C) 1st amendment 1.76 0.00 TBD TBD TBD TBD HDA2013-08006A Parry 401 (421) South Gulfview Boulevard (Alanik)9/18/2014 9/18/2015*9/18/2015*HDA2014-06004 Parry 401 (421) South Gulfview Boulevard (Alanik) 1st Amendment 8/20/2015 8/16/2021 8/16/2021 HDA2015-06001/FLD2015-09036 Parry 401 (421) South Gulfview Boulevard (Alanik) 2nd Amendment 248 2.146 114.00 107 N/A 11/21/2019 11/21/2020 12/2/2024 HDA2014-06004A/FLD2015-09036A Parry 40 Devon Drive (Sea Captain)10/15/2014 2/8/2021 2/8/2021 HDA2014-07004 / FLD2015-02006 Jackson 40 Devon Drive (Sea Captain) 1st Amendment TBD TBD 2/20/2022 HDA2014-07004A / FLD2015-02006A Parry 166 98117.002271.953 71 HOTEL DENSITY RESERVE PROJECTS - APPROVED 68 114.29144144 FLD2015-09036 approved; time extension granted 10-17-2019; site plan expiration is 06- 11-2021; BCP not submitted as of 01-08-2020 * The applicant changed the site plan amending the Dev. Agrmt. resulting in a new site plan approval reqm't and Dev. Agrmt expiration dates. In addition, the FLD was also amended - see below. FLD2014-12034 approved; time extension granted 04-13-2020: site plan expiration is 04- 26-2024; BCP not submitted as of 12-21-2020. Time extension granted 08-20-2021; site plan expiration is 02-12-2026 FLD2015-05016 approved; time extension granted 04-21-2020; site plan expiration is 10- 11-2022; BCP not submitted as of 07-16-2021. Time extension granted 08-20-2021; site plan expiration is 07-28-2024 66 100 N/A32148.700.65998 100 N/A N/A The amendment includes a minor amendment previously approved administratively to the hotel building essentially lowering the overall height and adding a detached dwelling on the portion of the site within the LMDR District. The amendment itself added an SFR on the portion of the site within the LMDR district. Permit extension issued 04-05-2021; expiration is 02-20-2022. 1.26 FLD2015-02006 approved; time extension granted 07-31-2017; site plan expiration is 02- 08-2021; BCP2019-120352 is in "revisions needed" status as of 07-16-2021. HDA2014-06004A approved at 11-21-2019 council meeting; FLD2015-09036A approved 06-16-2020; expires June 16, 2022; No BCP submitted as of 07-16-2021; Time extension granted 08-20-2021; site plan expiration is 12-02-2024 in review status Notes 630 South Gulfview Boulevard (Captain Bligh)100 159 1.19 133.61 59 N/A 11/20/2014 2/27/2022 2/27/2022 HDA2014-08007 / FLD2015-02004 Parry 715 South Gulfview Boulevard 93 208 2.313 89.93 115 N/A 2/20/2014 2/20/2022 2/20/2022 HDA2013-12008 / FLD2014-11031 Parry 657 Bay Esplanade 10 27 0.35 77.14 17 8/14/2018 9/11/2018 9/11/2019 6/15/2021 HDA2018-04001 / FLD2018-05012 Parry 850 Bayway 27 60 0.661 90.77 33 N/A 2/7/2019 2/7/2020 9/21/2022 HDA2018-10002 Parry 405/408/409/411 East Shore Drive 8 75 1.11 67.57 55.5 N/A 7/18/2019 7/18/2020 7/18/2020 HDA2019-03001 / FLD2020-05012 Parry 309 Coronado (Parcel/Hotel A)3 118 0.9795 120.47 48 N/A 11/19/2020 11/19/2021 6/24/2024 HDA2020-08003 / FLD2009-08026B Parry 309 Coronado (Parcel/Hotel B)2 142 0.9469 149.96 47 N/A 11/19/2020 11/19/2021 6/24/2024 HDA2020-04002 / FLD2009-08027B Parry Total Rooms Allocated from Reserve 604 1,708 Address of Receiving Property Rooms Allocated Total Rooms Proposed Acreage Units / Acre Rooms per Base Density CDB Meeting City Council Approval Site Plan Approval Needed by Final Project Expiration Case Number Planner Total Rooms Pending Allocation Item Count Count Internal Check Status Projects Units Total Rooms in Reserve 1,385 781 TRUE Constructed 7 463 Total Rooms Allocated from Reserve 1,385 604 TRUE In Permit Review 4 318 Total Rooms Pending Allocation 0 1,385 TRUE Subtotal (Constructed/In Review)11 781 Total Remaining For Allocation 0 Approved no permit submitted 11 604 Total*22 1,385 Internal Check TRUE TRUE Total Rooms Proposed * Assumes that the 300 Hamden/316 Hamden come 309 Coronado project is two projects Total rooms allocated is 79 which includes 76 units previously allocated and subsequently built; see DVA2009-00002; FLD2009-08026B approved 12-15-2020; Time extension granted 08-20-2021; site plan expiration is 06-24-2024 Notes FLD2020-05012 approved November 17, 2020; Expires November 17, 2022; An amendment to the HDA has been submitted for an increase in units and height and is in the review process as of July 16, 2021. BCP not submitted as of 04-15-0219; application has been appealed. The appeal was denied in Circuit Court on 12-09-2020. The petitioner did not move for second tier certiorari (30 days to do) - deadline was 01-08-2020; FLD2021-04011 approved 09-21- 2021. The original HDA (HDA2016-09001) expired and the 10 units were returned to the Reserve. The same applicant has resubmitted their application at this address and is therefore listed twice in this sheet, once in this line item and once under units returned to the reserve, below. Time extension granted 04-24-2020; site plan expiration is 06-15- 2021 FLD2014-11031 approved; time extension granted 10-17-2019; site plan expiration is 10- 19-2022; BCP not submitted as of 01-08-2020 Total rooms allocated is 95 which includes 93 units previously allocated and subsequently built; see DVA2009-00003; FLD2009-08027B approved 12-15-2020; Time extension granted 08-20-2021; site plan expiration is 06-24-2024 * There were five units which were allocated from the Reserve, returned to the Reserve and then reallocated from the Reserve to the same project 300 Hamden (Hotel A) and 316 Hamden (Hotel B) and later addressed as 309 Coronado. In order to not erroneously double count these units the original allocation (five units) is not included. In addition, a permit related to the construction of those five units has not yet been submitted so those five units are included in the "Allocated but Unbuilt" figure. FLD2015-02004 approved; time extension granted 05-31-2019; site plan expiration is 02- 27-2022; BCP not submitted as of 12-21-2020 Allocated but Unbuilt Constructed or Under Construction Total* Room Count Project Count Status HOTEL DENSITY RESERVE UNITS RETURNED TO THE RESERVE HOTEL DENSITY RESERVE PROJECTS - PENDING Address of Receiving Property Rooms Allocated Rooms Returned Acreage Units / Acre Rooms per Base Density CDB Meeting City Council Approval Site Plan Approval Needed by Final Project Expiration Case Number Planner 706 Bayway 15 15 0.349 42.98 17 N/A 11/20/2014 11/20/2015 11/20/2015 HDA2014-08006 / FLD2015-06025 Parry 625 South Gulfview Boulevard 69 69 0.69 100.00 64 N/A 12/4/2013 11/20/2015 12/4/2016 HDA2013-08007 Parry 657 Bay Esplanade 10 10 0.35 28.57 17 N/A 3/2/2017 3/9/2018 3/9/2018 HDA2016-09001 Parry 10 Bay Esplanade 35 35 1.16 TBD 58 N/A TBD TBD TBD HDA2017-12002 Parry 300 Hamden Drive (Hotel A) and 316 Hamden Drive (Hotel B)174 5 1.10 4.55 47 11/17/2009 12/17/2009 Constructed 6/13/2015 DVA2009-00003 / FLD2009-08027 and DVA2009-00002 / FLD2009-08026 and FLD2019-11030 Wells Total Rooms Returned 134 BCP2015-01211 issued 11/13/2015; Permit Status is completed. Please see line seven and eight, above for specifics of Hotel A and Hotel B. These two hotels were developed originally as two separate, albeit physically connected, buildings on two separate properties. Subsequent to construction the two properties were joined together through a Unity of Title without City approval. Case FLD2019-11030, currently in review, seeks to rectify this as well as other issues. The two hotels were allocated a total of 174 units from the Reserve and a total of 260 units were proposed. A total of 255 units were actually built. Each respective DVA includes a provision (Section 6.1.5) that provides that any unbuilt units be returned to the Reserve. withdrawn by applicant via email - 10-01-2018 (technically these units were never allocated but are listed here since a case number was created) FLD/FLS application not submitted as of 03-23-2018; does not count towards rooms allocated. Agreement terminated; removed from top two tables; does not count towards rooms allocated. FLD2015-06025 approved on 09-15-15; BCP2016-03372 - submitted 03-15-2016 / BCP2015-12534 - submitted 12/29/2015; both permits in void status. Current permit BCP2017-04049 references FLD2016-12039 which is for Resort Attached Dwellings. HDA Termination pending - scheduled for Council July 20 and August 3, 2017; removed from top two tables; does not count towards rooms allocated. Notes Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: DVA2022-06001b Agenda Date: 8/4/2022 Status: Public HearingVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 8.4 SUBJECT/RECOMMENDATION: Approve a Development Agreement between the City of Clearwater and Gotham Property Acquisitions, LLC and The DeNunzio Group providing for the redevelopment of two sites on the west side of Osceola Avenue abutting Coachman Park in the Downtown Core for overnight accommodations, attached dwellings, commercial uses such as retail, food and beverage, cultural uses and event space pursuant to Community Development Code Section 4-606; adopt Resolution 22-15, and authorize appropriate officials to execute same. (DVA2022-06001) SUMMARY: The properties subject to this Development Agreement include a portion of the former City Hall site located at the northwest corner South Osceola Avenue and Pierce Street (112 South Osceola Avenue) and a portion of the former Harborview site located north of Cleveland Street (50 North Osceola Avenue). The properties are located within the Central Business District (CBD) future land use category, the Downtown (D) District and the Downtown Core Character District of the Clearwater Downtown Redevelopment Plan. The proposed Development Agreement between the City and the Developer (i.e., Gotham Property Acquisitions, LLC and The DeNunzio Group, LLC) is anticipated to be in effect for 30 years and includes the following main provisions: ·Permits certain uses: Attached dwellings (apartments), hotel, commercial uses such as retail, food and beverage, and cultural uses, and event space ·Prohibits certain uses: Self-storage facilities, nightclubs and light assembly uses ·Limits building height: former Harborview site limited to 157 feet for the hotel (north building) and 53 feet for the south building; City Hall site limited to 289 feet ·Establishes maximum density and intensity (FAR) for both sites, consistent with the Clearwater Downtown Redevelopment Plan and Community Development Code ·Anticipates Public Amenities Incentive Pool allocation by the Community Development Board: 36 hotel units and 422 residential units ·Requires minimum number of surface and underground off-street parking spaces: 169 parking spaces at the former Harborview site, 119 of which will be reserved and allocated for hotel use, and 600 underground parking spaces at the City Hall site ·Anticipates the need for the City to process a plat for the city-owned property along the waterfront and bluff. ·Recognizes the need for a license agreement to govern cross access between the Page 1 City of Clearwater Printed on 8/3/2022 File Number: DVA2022-06001b Library parking lot and the former Harborview site ·Requires all buildings to be constructed to standards equivalent to LEED Silver certification The proposal is in compliance with the standards for Development Agreements contained in Section 4-606, is consistent with the City’s Comprehensive Plan and Community Development Code, and furthers the vision of Downtown redevelopment as set forth in Clearwater Downtown Redevelopment Plan, as determined by the Planning and Development Department. The Community Development Board will review this Development Agreement application at its public hearing on July 19, 2022 and make a recommendation to City Council. The Planning and Development Department staff will report the recommendation at the city council meeting. APPROPRIATION CODE AND AMOUNT: Funding for this agreement is available in the unrestricted reserve balance of the Parking Fund. USE OF RESERVE FUNDS: The remaining balance of Parking Fund reserves after 25% working capital reserves is approximately $13.0 million or 156% of the current Parking Fund operating budget. Page 2 City of Clearwater Printed on 8/3/2022 7/28/22 Up load version with corrections DEVELOPMENT AGREEMENT This DEVELOPMENT AGREEMENT (this "Agreement"), being signed this 4th day of August, 2022 (the "Execution Date"), is entered into between the THE CITY OF CLEARWATER ("the City"), a municipal corporation within the State of Florida; GOTHAM PROPERTY ACQUISITIONS, LLC ("Gotham"), a New York limited liability company; and THE DENUNZIO GROUP, LLC ("DeNunzio"), a Florida limited liability company, collectively, the "Developers," and sometimes referred to herein individually as a "Developer" RECITALS WHEREAS, Clearwater's former City Hall, which is located on a portion of 112 S. Osceola Avenue, has remained a vacant structure since January 2019; and WHEREAS, the unoccupied property contributes no taxable value to the City, nor does it provide housing, jobs, or amenities for Clearwater residents; and WHEREAS, a new City Hall is planned fo r construction near the intersection of S. Myrtle A venue and Pierce Street; and WHEREAS, Clearwater residents amended the City Charter to adopt the Imagine Clearwater plan for Coaclunan Park, which identified potential complementary redevelopment of certain downtown core properties adjacent to Coaclunan Park; and WHEREAS, the site of the former Harborview Center, which was located at 320 Cleveland Street, is a vacant property as defmed by the Pinellas County Property Appraiser; and WHEREAS, the property on which the former Harborview Center was located is being re- addressed to 50 N. Osceola Ave.; and WHEREAS, the former Harborview Center also contributes neither taxable value nor housing, jobs, or amenities for Clearwater residents; and WHEREAS, the Clearwater City Council would like to stimulate downtown redevelopment for the benefit of all Clearwater residents; and WHEREAS, pursuant to the Community Redevelopment Act, the City of Clearwater issued a Call for Development Concepts (No. 28-22) for Downtown Clearwater Waterfront Development Opportunities for the old City Hall Site and the Harborview Site; and WHEREAS, Developers presented a development concept in response to the Call for Development Concepts, that proposed creating multi-family rental housing and amenities at the unoccupied City Hall site, and a full-service hotel, retail, restaurant, cultural uses and event space on a portion of the former Harborview Center; and, 1 7/28/22 Upload version with corrections WHEREAS, the Developers are controlled by the Key Principals; and WHEREAS, Developers are willing and financially able to develop both properties for the purpose of creating multi-family rental housing, retail and restaurant and associated amenities at the unoccupied City Hall site, and a full-service hotel, retail, restaurant, cultural, and event space at the site of the former Harborview Center; and WHEREAS, the City Council on June 16, 2022, unanimously selected Developers, as the City's development partners following a competitive process under the Community Redevelopment Act; and WHEREAS, the City Council has determined that Developers are committed to the long- term success of this project and downtown Clearwater; and WHEREAS, Developers (through their Afftliate entities) have offered to purchase a portion of the former City Hall parcel, and a portion of the former Harborview Center parcel, for the purpose of fulfilling their development potential; and WHEREAS, City and Developers are entering into a Purchase and Sale Agreement for the Properties on even date herewith; and, WHEREAS, the sale and development of the Property requires an amendment to the City Charter; and WHEREAS, a referendum with the required ballot question to amend the City Charter is expected to be offered to voters on November 8, 2022, in concert with the general election, such question as approved by the City Council on August 4, 2022 as Ordinance 9597-22 ("Charter Amendment"); and WHEREAS, the Charter Amendment provides the voters of Clearwater certainty as to the Developers' intended uses, construction timelines, and design features; and WHEREAS, the Florida Local Government Development Agreement Act, Florida Statutes Sections 163.3220 -163.3243, authorizes municipalities to establish, by ordinance, procedures and requirements to consider and enter into appropriate development agreements; and WHEREAS, Section 4-606 of the Community Development Code describes the process by which potential development agreements will be considered, including the required content for any application and agreement; and WHEREAS, the Parties wish to enter into this Agreement in accordance with the Florida Local Government Development Agreement Act, as implemented by Section 4-606 of the Community Development Code. 2 7/28/22 Upload version with corrections NOW, THEREFORE, in consideration of the foregoing Recitals, the parties agree as follows: ARTICLE I DEFINITIONS Section 1.01 Definitions. The following defined terms shall have the meanings set out below: (a) "Affiliate" or "Affiliates" means, with respect to a person, any other person directly or indirectly controlling, controlled by, or under common control with such first person. As used in this Agreement, the term "control" means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of a person, whether through ownership of voting securities, by contract, or otherwise. (b) "Agreement" shall mean this Development Agreement which is project DVA 2022-06001. (c) "Architect" means an architect licensed by the state of Florida. (d) "Bankruptcy" means any of the following: (i) the filing of a voluntary petition under any federal or state law for the relief of debtors; or (ii) the filing of an involuntary proceeding under any such law. (e) "Call for Development Concepts" refers to the Call for Development Concepts (No. 28-22) for Downtown Clearwater Waterfront Development Opportunities for the old City Hall Site and the Harborview Site, located at Cleveland Street and North Osceola A venue; (f) "Change in Control" occurs during any of the following events: neither David L. Picket nor Matthew Picket directly or indirectly serve as the managing member of Gotham Property Acquisitions, LLC (or any of its affili ates, successors or assigns); Dustin DeNunzio no longer serves as the managing member of The DeNunzio Group, LLC (or any of its affiliates, successor or assigns). (g) "City" refers to the City of Cleanvater, Florida, a party to this agreement. (h) "City Hall Project" means the mixed use multifamily rental project to be constructed on the City Hall Site. (i) "City Hall Site" or "old City Hall Site" refers to that portion of 112 S. Osceola Avenue, which is a portion of parcel identification number 16-29-15-20358-001- 0040, as more particularly described in Exhibit "A", attached hereto and made part hereof, which will be conveyed to Developer in fee simple through a separate Purchase and Sale Agreement. 3 7/28/22 Upload version with corrections (j) "Code" refers to the Community Development Code of Clearwater, Florida. (k) "Commercially Reasonable Efforts" means the efforts that a reasonable person in position of the Developers wou ld use to achieve a specific goal; provided, however, that an obligation to use Commercially Reasonable Efforts under this Agreement does not require the Developers to take any action or expenditure that is disproportionate or unduly burdensome. (1) "Concept Plan" means the conceptual plans and designs approved by the City as part of application DV A2022-06001 and attached hereto and made part hereof as Exhibit "C". (m) "Corporate Housing" means an apartment unit that is owned or leased by a for-profit business entity that is available for rent for occupancy at least ninety (90) days in duration, where said units will be occupied solely by the business entity's officers, employees, family members of the officers or employees, consultants, vendors or contractors. (n) "CRA" refers to the Clearwater Community Redevelopment Agency, a special dependent district operating within the municipality of Clearwater. ( o) "DeNunzio" means the DeNunzio Group, LLC, a Florida limited liability company, its successors and assigns. (p) "Developer" refers individually to Gotham Property Acquisitions, LLC, a New York limited liability company or The DeNunzio Group, LLC, a Florida limited liability company, or their successors and assigns, as provided for herein. (q) "Developers" refer jointly to both Developers. (r) "Effective Date" means the date on which this Agreement goes into effect and binds the Parties. The Effective Date refers specifically to the day after it is fully executed and recorded in the Pinellas County public records, which shall be no later than fourteen (14) days after approval. In the event that the voters of the City do not approve the City Charter amendments proposed in City Ordinance 9597-22, then the Parties will record a notice of termination in the Public Records and this Agreement shall terminate and be of no further effect. (s) "Electric vehicle" or "EV" shall have the same definition as provided in Florida Statute 320.01, as amended from time to time. (t) "Environmental Site Assessment" or "ESA" refers to the evaluation process by which commercial property is evaluated for potential contamination and other environmental hazards, in accordance with federal law and rules properly promulgated by the Environmental Protection Agency. As used in this Agreement, the term ESA refers to both Phase I and Phase II ESAs, including, onsite soils, ground water, and/or vapor testing. 4 7/28/22 Upload version with corrections (u) "Event of Default" means a failure to comply with or fulfill any material term of this agreement. (v) "Execution Date" or "Signing Date" means the date on which the agreement is signed or has been signed by all parties. Notwithstanding the Parties' signatures, this agreement shall not go into effect or bind the Parties until the Effective Date. (w) "Final Completion" as used in this Agreement, means the issuance of a Certificate of Occupancy by the City of Clearwater, meeting all Florida Building Code requirements, and meeting all City of Clearwater standards necessary to legally and safely occupy a building. Final Completion of the hotel located on the Harborview Site and the first residential tower to be located on the City Hall Site is anticipated to occur no later than nine (9) months following Substantial Completion. Failure to obtain Final Completion in such time frame shall not be considered an Event of Default under this Agreement so long as the Developers are using Commercially Reasonable Efforts to achieve Final Completion. (x) "Floor Area Ratio" or "FAR" refers to a measure of commercial intensity commonly used in planning and development, and used specifically by the City in its Code and this Agreement. (y) "Force Majeure Event" means any delay that is directly attributable to and caused by flood, fire, earthquake, hurricanes, tornadoes, wind storms, "named storms," riots, national emergency, sabotage, strikes, labor dispute, wars, pandemics, unavailability of labor or materials; events of similar or greater magnitude; terrorist threats or actions; or directives or orders issued by Governmental Authorities that explicitly or implicitly prohibit construction for more than forty-eight ( 48) hours, including quarantine requirements; the failure or refusal of Governmental Authorities to act and process applications within the time-frame allowed by law or ordinance, or otherwise hold public or private meetings due to COVID-19 or any other public health reason; delay by Governmental Authorities to act and process applications, permits and approvals with respect to the Approvals, an emergency order issued by Pinellas County, other emergency order issued by the City of Clearwater or other applicable governmental entities, agencies or authorities having jurisdiction, due to COVID-1 9 or any other public health reason or other causes beyond the reasonable control of Developer. For the avoidance of doubt, a Force Majeure Event shall not include (1) financial distress or the inability of the Developer to make a profit or avoid a financial loss; (2) changes in market prices; or (3) Developers' fmancial inability to perform its obligations hereunder. (z) "Gotham" means Gotham Property Acquisitions, LLC, a New York limited liability company, its successors and assigns. (aa) "Governmental Authorities" means any and all federal, state, county, city, town, other municipal corporation, governmental or quasi-governmental board, agency, authority, department, or body having jurisdiction over the Project. 5 7/28/22 Upload version with corrections (bb) "Governmental Delay" means any actual delay in the Project Schedule (including delays in the granting of entitlements or execution of agreements) to the extent that such delay is actually caused by any act or failure to act by the City or any of its employees, public officials, officers or committees/agencies (collectively, the "Government"). (cc) "Harborview Site" or "former Harborview Site" refers to that portion of parcel identification number 16-29-15-57996-000-0030, as more particularly described in Exhibit "B", attached hereto and made part hereof, and which will be conveyed to Developer in fee simple through a separate Purchase and Sale Agreement. (dd) "Harborview Project" means the mixed use project which includes a hotel, retail, restaurant space and other commercial uses to be constructed on the former Harborview Center. ( ee) "Key Principals" means David Pi cket, Matthew Picket and Dustin J. DeNunzio. (ft) "Landscape Architect" refers to a professional landscape architect engaged by the Parties. (gg) "License Agreement" means the license agreement to be entered into by the City, as licensor, and Developer, as licensee, simultaneously with the Developer's acquisition of the Property pursuant to the Purchase and Sale Agreement, which will grant Developer access to and use of the portion of the Main Library Lot in connection with the development of the Project. (hh) "Main Library Lot" refers to that portion of parcel identification number 16-29-15-43956-000-0010 adj acent to the Clearwater Main Library and more particularly described in Exhibit "D", attached hereto and made part hereof, said lot being owned by the City, and will continue to be owned by the City, and to which the Developer will be granted access and use as defined in the License Agreement. (ii) "Nightclub," for purposes of this Agreement only, refers to any use that encompasses all of the following criteria: (1) the business operates for-profit, (2) the business operates primarily during evening hours, (3) the business sells liquor for consumption on premises, (4) the business routinely imposes a cover charge or admission fee in exchange for the privilege of entering the building or structure in which the business operates, (5) the business routinely imposes a minimum age on entrants, (6) the business routinely provides live entertainment through bands or disc jockeys, and (7) the bu siness provides a dedicated area for dancing, whether by patrons or by employees. Notwithstanding this definition, any activities, events, or business operations occurring entirely inside the hotel shall not be considered "nightclubs" for purposes of this Agreement. Gj) "Ordinance 9597-22" means the ordinance that authorizes the placement of the Charter Amendment on the ballot as a public referendum and allows for the sale of the Property to the Developer. 6 7/28/22 Upload version with corrections (kk) "Parking Contribution" refers to a Twenty-Two Million Dollars and no/1 00 Cents ($22,000,000.00) sum of money allocated by the City to offset the Developer's costs associated with designing, constructing, and maintaining underground parking within the Project Site; ofthis sum, Seventeen Million Dollars and no/100 Cents ($17,000,000.00) shall be allocated to the old City Hall site, and Five Million and no/1 00 Cents ($5,000,000.00) shall be allocated to the Harborview Site. (ll) "Parties" or "The Parties" refer collectively to all of the signatories to this Development Agreement. (mm) "Pedestrian Bridge" refers to an attractive, elevated walkway available as a free amenity to the general public that connects the old City Hall site to the former Harborview Center, and will complement the design of the Project. (nn) "Person" means any one or more natural persons (regardless of age, mental competency, physical capacity, or legitimacy of birth), corporation for-profit, not-for-profit entities, mutual companies, joint-stock companies, partnerships, associations, firms, joint ventures, labor organizations, unincorporated organizations, syndicates, estates, trusts, trustees in bankruptcy, receivers, fiduciaries, legal representatives, personal representatives, heirs, devisees, spouses, creditors, debtors, beneficiaries, attorneys-in-fact, property owners, landlords, tenants, contract purchasers, contract sellers, public agencies (whether federal , state, or local), public officers, public employees, resident aliens, foreign governments, and any other group or combination of natural or artificial persons or entities." (oo) "Plan" or "Downtown Plan" means the City of Clearwater Downtown Redevelopment Plan which is part of and incorporated in its Comprehensive Plan. (pp) "Project" is defined individually or collectively as the City Hall Project and Harborview Proj ect. (qq) "Prohibited Person" means (i) any Person identified on the OFAC List, (ii) any other Person or foreign country or agency thereof with whom a U.S. Person may not conduct business or transactions by prohibition of Federal law or Executive Order of the President of the United States of America, (iii) any Person who is prohibited from doing business with the municipality in which the Property is located; or (iv) any not-for-profit entity. (rr) "Project Schedule" means the schedule for the completion of the design and construction of the Project, identifying the required dates for the achievement of major milestones in the development process, which Project Schedule shall be subject to extension in the event of Governmental Delay or Force Majeure Event including any Executive Order issued by the Governor regarding an emergency which affects Pinellas County. (ss) "Public Realm Improvements" means the sidewalks, decorative paving, tree grates, pedestrian surfaces, trees, landscaping, irrigation, street furniture, sidewalk cafe furnishings, art, pedestrian lighting, accent/landscape lighting, trash receptacles, bike racks, wayfmding improvements, water features, bollards, and other similar streetscape 7 7/28/22 Upload version with corrections furnishings, facilities, and elements constructed by or placed within the government-owned areas identified as Public Realm on Exhibit "E" attached hereto and made part hereof. (tt) "Purchase and Sale Agreement(s)" means a Purchase and Sale Agreement entered into by the City, as seller, and Developers, their successors or assigns, collectively or individually as purchaser, dated as of the Execution Date for the sale of the City Hall Site for Fifteen Million and Four Hundred Thousand Dollars and no/100 Cents ($15,400,000.00) and the Harborview Site for Nine Million and Three Hundred Thousand Dollars and noll 00 Cents ($9,300,000.00). Nothing herein shall limit the Developers' election to enter into two Purchase and Sale Agreements (one for each Property). (uu) "Qualified Transferee" means a Person who (i) either has a direct or indirect tangible net worth of at least $20,000,000.00 or is a publicly traded company, regardless of net worth, (ii) through its principals or Affiliates, has at least ten (1 0) years of experience in the ownership and operation of either apartment units rented at market rate to the general public, or the same experience in the ownership and operation of overnight accommodations rented to the general public at market rates, (iii) has at least one thousand (1,000) apartment units or at least one thousand (1,000) hotel units under management, or owns at least ten (1 0) hotel properties , and (iv) is not a Prohibited Person. (vv) "Site Plan Approval" means the future application for Flexible Development Approval required by the Code for the allocation of the units fro m the Public Amenities Incentives Pool and issuance of a Development Order. (ww) "Special Purpose E ntities" means single purpose limited liability companies and/or limited partnerships formed for the purpose of directly or indirectly owning all or any portion of the Project, which entities shall be directly or indirectly controlled by one or more of the Key Principals. (xx) "Substantial Completion" means receipt of a Temporary Certificate of Occupancy (if requested) or Certificate of Occupancy. Substantial Completion shall be determined separately for the City Hall Project and Harborview Project. For the purpose of the City Hall Project, Substantial Completion shall require a minimum of 93% of resid ential units in the constructed tower sought to be occupied, shall be available to occupy. For the purpose of the Harborview Project, Substantial Completion shall require a minimum of93% of overnight accommodation units to be available for occupation. (yy) "the Property" or "the Project Site" refers, collectively, to all parcels to which the City, by separate agreement, is conveying title, along with any land owned by the City and for which the City executes a license agreement with the Developer for access and use. Section 1.02. Terms used but not defined herein shall have the meanings provided in the Clearwater Community Development Code, as applicable. ARTICLE II LEGAL DESCRIPTION OF THE PROPERTY 8 7/28/22 Upload version with corrections Section 2.01 The old City Hall site, in addition to the definition provided in Section 1.01, is more particularly described by the description and sketch attached to this agreement as "Exhibit A," attached hereto and made part hereof. Section 2.02 The former Harborview Site, in addition to the defmition provided in Section 1.01, is more particularly described by the description and sketch attached to this agreement as "Exhibit B," attached hereto and made part hereof. Section 2.03 The Main Library Lot, in addition to the definition provided in Section 1.01, is more particularly described by the description and sketch attached to this agreement as "Exhibit D," attached hereto and made part hereof. Section 2.04 As of the Execution Date, the City is the legal owner of the Property. The Developers hold an equitable interest in the Property, said interest being created by the execution of the Purchase and Sale Agreement dated of even date herewith. ARTICLE III DURATION OF THE AGREEMENT Section 3.01 Duration of the agreement. The Parties agree that this Development Agreement shall last for thirty (30) years after the Effective Date, but may be extended or renewed at the option of The Parties, pursuant to Section 3.02. Section 3.02 Expiration and renewal. The Parties recognize and agree that Florida Statute 163.3229 allow the Parties to extend this agreement by mutual consent, following a public hearing. The Parties retain and reserve the right to consider this option. ARTICLE IV DEVELOPMENT USES, DENSITY, INTENSITY, HEIGHT, AND PARKING Section 4.01 Authorized uses of The Property. As to the old City Hall site, authorized uses include multifamily rental housing (apartments), retail and other commercial uses, and all associated appurtenances and amenities, such as minimal surface parking such as loading and drop off areas and an underground parking garage. As to the site of the former Harborview Center, authorized uses include overnight accommodations in the form of a full- service hotel, retail and other commercial uses, along with associated appurtenances and amenities, such as minimal surface parking, loading and drop off areas and underground parking. Section 4.02 Prohibited uses of The Property. As to both sites, prohibited uses include any use that is disallowed by the Code on the Effective Date. In addition, prohibited uses include self-storage facilities, nightclubs (as specifically defined in Section 1.01), and light assembly, even if the Code would otherwise now or in the future authorize such use on the Property. Section 4.03 Amplified sound restrictions. Following Substantial Completion, the Developer, contractors, agents, and commercial tenants shall: (1) coordinate with the 9 7/28/22 Upload version with corrections operators of Coachman Park to ensure that any programming that includes broadcasting amplified sound from any outdoor location on the site of the former Harborview Center does not conflict with programming at Coachman Park or any of its venues, specifically including the amphitheater; (2) only use amplified sound in the outdoor areas between the hours of9:00 am and 12:00 am; and (3) limit amplified sound to a maximum 50dB(A) or 50dB(C), as measured from any point within the boundary line of the nearest residentially occupied property at the street level, unless an exception is granted by the City. A copy of these restrictions shall be included in the rules and regulations applicable to all commercial tenants. For purposes of this section, "amplified sound" refers to any sound broadcast through mechanical speakers or similar powered devices, where such speakers are located or positioned outdoors. Requests for exceptions shall be submitted at least ten (1 0) days in advance to the City Manager, or designee, who shaJl grant or deny the request, in his sole discretion. This provision shall be included or recited in any commercial lease entered into between a Developer and a commercial tenant on the Property. Section 4.04 Minimum multi-family housing stock. Recognizing the urgent need to significantly increase the supply of housing options within the City, Gotham through its Affiliate entities shall cause the construction of at least five hundred (500) attached dwelling units on the old City Hall site. Any site plan or site plan amendment that contemplates fewer than five hundred (500) units on the site or a building permit submittal for the first tower (in the event construction is phased) that includes fewer than two hundred fifty (250) units, will not be considered by the City for approval and the City may choose, without penalty and without offering a right to a cure, to terminate this Agreement as to the old City Hall Site within thirty (30) days of such submittal. Section 4.05 Availability of multi-family housing to the general public. After Substantial Completion, and for the duration of this agreement, Developer through its Affiliate entities shall ensure at least eighty percent (80%) of the completed units are made available for rent by the general public at market rates and for periods of tenancy that equal or exceed seven (7) months. Up to twenty percent (20%) of all units may be reserved by Developer through its Affiliate entities, in its sole discretion, for Corporate Housing. Section 4.06 Option to set-aside for workforce housing. Developer, in its sole discretion and at its sole expense, may elect at no cost to the City to reserve up to ten percent (1 0%) of its housing units for prospective tenants whose income does not exceed up to one hundred and twenty percent (120%) of area median income, adjusted for household size. As a condition precedent to Final Completion, Developer shall notify the City if Developer intends to exercise this option. If Developer initially declines to exercise this option, or fails to notify City, Developer may decide, in its sole discretion and at no cost to the City, to offer the option at any time in the future. Section 4.07 Professional apartment management. Developer shall either manage through an Affiliate or retain the services of a nationally recognized apartment management company to advertise and maintain the buildings and associated appurtenances. Developer or its apartment management company shall, no later than Substantial Completion, create and maintain a publicly accessible website containing rental, 10 7/28/22 Upload version with corrections pricing and other information consistent with those of other apartments in the Pinellas County market. Section 4.08 Maximum density and intensity. The old City Hall site shall be developed with up to two-hundred and fifty-three (253) units per acre, or six hundred (600) attached dwellings; and up to forty thousand ( 40,000) square feet of commercial space, which is currently estimated at 0.35 FAR. The maximum density at the Harborview Site shall include up to one hundred and twenty-four (124) units per acre or 158 overnight accommodation units and up to twenty-one thousand (21 ,000) square feet of commercial space and an FAR of0.36.l Section 4.09 Public Amenities Incentive Pool. The maximum density and intensity includes an allocation from the Downtown Plan Public Amenities Incentive Pool of four hundred and twenty-two ( 422) dwelling units for the old City Hall property and twenty-nine (29) dwelling units (which equates to thirty-six (36) overnight accommodation units.2) for Harborview. These allocations shall be reviewed and decided by the Community Development Board ("CDB") pursuant to a Flexible Development Application in conjunction with site plan approval. In anticipation of receiving the additional units described in the Downtown Redevelopment Plan, and in return for such amenities, the City agrees to support the Developers' request for this allocation, and to recommend approval to theCDB. Section 4.10 Tolling of Time for Approvals. In the event the COB denies the Flexible Development Application, or approves said application with a lesser amount of units from the Public Amenities Incentive Pool, the Developers, in their sole discretion, may either appeal the CDB ruling at the Developers' sole cost and expense but with the support of the City so long as the submitted plans for Flexible Development Approval are substantially in conformity with the Concept Plan; in the event of a condition of approval regarding the Public Amenities Incentive Pool resulting in less density or intensity, accept the COB ruling and continue with the Project; revise the concept Plan and proceed with new approvals for the revised concept plan; or, terminate this Development Agreement and the Purchase and Sale Agreement. In the event of a denial, or, an approval that requires a Major Amendment to the Concept Plans or this Agreement, the time periods contained herein shall toll for the time period necessary to prepare and submit a new FLD application consistent with the recommendations of the CDB. Section 4.11 Maximum height. Maximum height for the Harborview Project is one hundred and fifty-seven (157) feet for the hotel, and fifty-three (53) feet for any other building or structure on the site, all as defmed by the Code. Maximum height for the City Hall Site Project is two hundred and eight-nine (289) feet as defined by the Code. 1 For purposes of this Agreement and consistent with the City Code. the actual density and intensity is calculated pursuant to sec. 3-902(F) and this Agreement reflects the actual non-residential area proposed. 2 The Downtown Plan allows for a residential density of75 units/acre in the Downtown Core and a density of95 units/acre for Overnight Accommodations. 11 7/28/22 Upload version with corrections Section 4.12 Parking. The Project shall include the Code required3 parking which is anticipated to be six hundred (600) parking spaces at the City Hall Site and one hundred and nineteen (119) parking spaces at the former Harborview Site plus an additional fifty (50) spaces for the benefit of the City at the Harborview Site for a total of one hundred sixty nine ( 169) spaces all as shown on the Concept Plan. The parking garage shall be predominantly subterranean, and any required surface features must comply with the Code. A total of seven hundred sixty-nine (769) parking spaces are intended to be constructed between the two sites by the parties, including valet parking spaces. In the event there are fewer than seven hundred sixty-nine (769) total parking spaces approved by the building permits on the City Hall Site and Harborview Site (collectively), including valet parking spaces, or, in the event the total parking spaces are distributed between the two sites resulting in less than six hundred (600) spaces on the City Hall Site, the City may reallocate the Parking Contribution between the two sites pro rata. For example, if the City Hall Site were to ultimately include five hundred fifty (550) rental apartments and five hundred fifty (550) parking spaces and the Harborview Site were to include fifty (50) additional parking spaces, then a proportional increase in the Parking Contribution shall be made to the Harborview Site and a proportional decrease to the City Hall Site. In the event the constructed parking does not comply with the anticipated number of parking spaces, including valet parking spaces, the City shall have the right to a refund of the pro rata share of the Parking Contribution per space ($30,000 per space) that is not constructed. Section 4.13 City Parking Spaces. A minimum of fifty (50) parking spaces at the Harborview Site shall be reserved and allocated to the City, which shall have the right to enforce all parking rules and restrictions related to those fifty (50) spaces. The City shall promptly deliver to the Developer any rules or policies enacted as related to the City parking spaces. Location, operation, and signage related to those fifty spaces shall be determined at the time of Site Plan Approval in cooperation with the Parties and, to the extent practical, located in the same general area. Section 4.14 Harborview Access. Access to the Harborview Site shall be shared with the Clearwater Main Library as shown on the Concept Plan and as encouraged by the shared access provisions of the Code. Such access shall be further memorialized in a renewable License Agreement for the Main Library Lot. The grant of such License Agreement is required for the development of the Harborview Site as contemplated by the Parties. ARTICLE V PUBLIC FACILITIES SERVING THE PROPERTY Section 5.01 Public Safety Services. The Clearwater Police Department and the Clearwater Fire Department shall provide primary public safety services to the Property. Section 5.02 Utility Service Providers. The Project will be served by City of Clearwater utilities (including Solid Waste), the Clearwater Gas System; Duke Energy 3 The Code requires a minimum parking of l parking space per unit for attached dwellings in the Downtown Core and 0.75 spaces to one overnight accommodation unit in the Downtown Core, as may be adjusted by the terms of the Code. 12 7/28/22 Upload version with corrections and other service providers which have current utilities located in or near the Project Site(s). In the event new City facilities are required to suppori the Project, the City has agreed to construct them as part of its continuing capital improvements. The City agrees that any such construction shall be completed prior to commencement of construction. In the event the City does not provide the site with all City utility connections with sufficient capacity to serve the Project, Developers may construct such facilities as necessary and seek reimbursement from the City for same. Section 5.03 Connections for public utilities. The City will provide all necessary connections for potable water, sewer, and other municipal utilities (excluding those provided by third parties, such as Duke Energy for electric service) to the Project sites. Pursuant to a separate authorization, any and all connection and impact fees (including Mobility Fees) that may be assessed by the City shall be paid by the CRA directly to the City prior to the issuance of a Building Permit for the portion of the Project anticipated to be issued. ARTICLE VI RESERVATION, DEDICATION OF LAND, AND LICE NSE AGREEMENT Section 6.01 Subdivision and Platting. The Parties agree that both Properties must be formally subdivided and, if necessary, a new plat approved by the City of Clearwater and recorded in the Official Records of Pinellas County to formalize the subdivision. The City shall prepare the Preliminary Plat application, apply for, and obtain Preliminary Plat approval; pursue final plat approval; and prepare the Property for development and conveyance prior to the Closing Date as defined in the Purchase and Sale Agreement. Section 6.02 Dedication to the public. The Parties agree that upon replatting the area described in Section 6.01 , the ingress and egress to the publicly accessible areas shall be dedicated to the general public, either by plat or by separate agreement. This dedication shall not preclude Developer from creating or enforcing reasonable rules relating to access and conduct within the boundaries of the Property. Section 6.03 Dedication of the Pedestrian Bridge. The Parties agree that any portion of the Pedestrian Bridge that may be constructed shall be dedicated to the general public. Section 6.04 License as to the Main Library Lot. The Parties shall enter into a separate License Agreement for access, ingress/egress and temporary parking on the Main Library Lot. Such access and use shall be governed by the terms of the License Agreement. Upon execution of the License Agreement, the License Agreement will be considered incorporated by reference into this Agreement. The term of the License Agreement shall be for at least the entire duration of this Agreement and shall include provisions to allow for the automatic renewal of such access, ingress/egress and temporary parking during the existence of the Harborview Project. Any breach or violation of the License Agreement may be enforced by remedies specified therein. 13 7/28/22 Upload version with corrections ARTICLE VII REQUIRED PERMITS AND PROJECT SCHEDULE Section 7.01 Conditions precedent to closing on the old City Hall site. Closing on the Property, as defined in the City Hall Site Purchase and Sale Agreement, and any development contemplated herein, may not occur until: (i) Ordinance 9597-22 is enacted by the Clearwater City Council; (ii) the Clearwater Charter is amended by an affirmative vote of the electorate and the results certified by the Pinellas County Supervisor of Elections; (iii) approval of a Preliminary Plat application; (iv) approval of a Flexible Development Approval application ("FLD Application"), substantially conforming to the Concept Plan; and (v) issuance by the City of a building permit for the first individual phase of development which shall, at a minimum, include the podium and one residential tower on the old City Hall Site; (vi) payment by the CRA to the City of any required impact fees and mobility fees; and (vii) payment of the portion of the Parking Contribution allocable to the City Hall Site, which shall be paid at the time of closing pursuant to the Purchase and Sale Agreement. In the event any of these conditions precedent fail to occur by December 31, 2024, subject to extension by Force Majeure Event, Governmental Delays, or extended pursuant to Section 7.03 ofthis Agreement, the City shall have the option, at its sole discretion, to terminate the portions of this Agreement related to the old City Hall site. Section 7.02 Conditions precedent to closing on the former Harborview Site. Closing on the Property, as defined in the Harborview Site Purchase and Sale Agreement, and any development contemplated herein, may not occur until: (i) Ordinance 9597-22 is enacted by the Clearwater City Council; (ii) the Clearwater Charter is amended by an affirmative vote of the electorate and the results certified by the Pinellas County Supervisor of Elections; (iii) approval of a Preliminary Plat application; (iv) approval of a Flexible Development Approval application ("FLD Application"), substantially conforming to the Concept Plan; and (v) issuance by the City of a building permit for the first individual phase of development which shall, at a minimum, include the hotel located on the former Harborview Site; (vi) payment by the CRA of any required impact fees and mobility fees; and (vii) payment of the portion of the Parking Contribution allocable to the Harborview Site, which shall be paid at the time of closing pursuant to the Purchase and Sale Agreement. In the event any of these conditions precedent fail to occur by December 3 1, 2024, subject to extension by Force Majeure Event, Governmental Delays, or extended pursuant to Section 7.03 of this Agreement, the City shall have the option, at its sole discretion, to terminate the portions of this Agreement related to the former Harborview Site. Section 7.03 Extension of Closing. The Parties recognize that additional time may be necessary to close pursuant to the Purchase and Sale Agreement. Notwithstanding anything contained herein to the contrary, and provided that Developers are using Commercially Reasonable Efforts to obtain approval of any necessary permits, the Developers shall be entitled to an extension of ninety (90) days by delivering written notice thereof prior to December 31, 2024, and submitting payment to the City a non-refundable, additional sum of two hundred thousand dollars ($200,000.00) for each site to which the extension option has been exercised, as more fully set forth in the Purchase and Sale Agreement. 14 7/28/22 Upload version with corrections Section 7.04 Site plan review, Building Permit, and Closing. The Developers will use Commercially Reasonable Efforts to submit, as to each site, ( l) an application for Flexible Development Approval, and (2) and an application for building permit in a manner to be deemed complete and on a schedule that will allow the issuance by the City of a building permit and closing by December 31, 2024 for the first individual phase of development, subject to extension in the event of Force Majeure Event or Governmental Delay. The plans submitted in support of the application for Flexible Development Approval and the building permits shall be substantially in conformance with the Concept Plan. Changes to the Concept Plan shall be governed by Sec. 4-606(i)(l) of the Code. Section 7.05 Other Permits. The Project development will require the following permits: (i) City of Clearwater Building Permits; (ii) City of Clearwater right of way permit; (iii) Southwest Florida Water Management District Environmental Resource Permit; and (iv) Florida Fish and Wildlife Commission (if required). Section 7.06 Code amendments. The Parties acknowledge that text amendments to the Code may be necessary for the Developers to comply with their obligation to construct a project that substantially conforms to the Concept Plan. To the extent that Code amendments are necessary to achieve this objective, the Community Development Coordinator will initiate a text amendment in the manner described in Section 4-60 l of the Code. The Parties recognize that text amendments can be approved only by the City Council, and nothing in this agreement shall obligate the City Council to approve a text amendment. However, any time spent by the City in processing or considering a text amendment shall be considered a Governmental Delay. In addition, if the City ultimately declines to adopt a text amendment that would enable or assist the developers in fulfilling or complying with the Concept Plan, the Developer shall in that case resubmit plans within a commercially reasonable amount of time that conforms to the Code and, to the extent allowed by the Code, also fulfill the Concept Plan. Section 7.07 Private provider reviews. The Parties acknowledge a fee owner's entitlement under Florida Statute 553.791 to utilize a private provider for plans review and building code inspection services. To ensure the Developer can exercise this option, the City, as the current fee owner of the Property, hereby designates the Developer, for purposes of Section 7.07 only, as the City's authorized "contractor" under Florida Statute 553.791(2)(a). Should the Developer exercise this option, either prior to or after acquiring title to the Property, the City shall charge the minimum administrative fees as provided for in Florida Statute 533.791, or the maximum extent allowed by Florida Statute 553.791, whichever fee is less. Pursuant to the City Code, permit fees shall also be reduced accordingly. Section 7.08 Certificate of occupancy. Developer shall apply for and obtain a certificate of occupancy for each phase of the Project that is constructed. ARTICLE VIll CONSISTENCY FINDINGS 15 7/28/22 Upload version with corrections Section 8.01 City's Comprehensive Plan. This Agreement is consistent with the City's Comprehensive Plan, as well as the City's Downtown Redevelopment Plan. Section 8.02 City's Land Development Regulations. The Concept Plans, as attached hereto, comply with the City's Code, or will comply prior to submittal of the FLD application. Section 8.03 Concurrency finding. As required by Code Section 4-606(0) 1, the Parties stipulate that the requirements for concurrency have been satisfied or will be satisfied by the City's obligations prior to construction. ARTICLE IX TERMS AND CONDITIONS FOR PUBLIC WELFARE Section 9.01 Alignment with Concept Plan. All future plans shall substantially comply with the Concept Plan as provided for in the Code. Section 9.02 Sustainability, Health and Wellness, and Resilience Features. In furtherance of the City's Greenprint 2.0, an environmental plan designed to create a sustainable future, the Project will be designed and constructed to achieve LEED Silver Certification. Section 9.03 EV-capability and EV-readiness. At least ten percent (10%) of all parking spaces within the Projects shall be EV -capable by Final Completion, and at least five percent (5%) of all parking spaces shall be EV-installed or BY-operational by Final Completion. Section 9.04 Landscaping and hardscaping. The Developers shall provide landscape plans for the Properties as required by the City's Flexible Development Approval process. The Developers shall select landscaping and hardscaping designs of their choosing, but must utilize the services of the Landscape Architect in their selection, who will consult with the City to ensure botanical and aesthetic compatibility with the public right-of-way and other abutting City property. The Developers shall be responsible, at their sole expense, for the design, erection, installation, and maintenance of all landscaping and hardscaping located on the Property unless otherwise provide for herein. City shall provide and construct complementary landscape and hardscape to ensure the appropriate transition from Coachman Park to the Properties, as indicated on the Public Realm Improvements Exhibit "E". Section 9.05 Pedestrian Bridge. The Parties agree to share equally costs and responsibilities associated with designing and constructing the Pedestrian Bridge, with 50% of such costs to be paid by the City and 50% of the costs to be paid by the Developers, who will be held jointly and severally liable for payment of those costs, provided that the total cost associated with designing and constructing the Pedestrian Bridge shall not exceed Four Million Dollars and no/1 00 Cents ($4,000,000.00) for design and construction. If the Parties determine that the design and construction cost of the Pedestrian Bridge exceeds Four Million Dollars and no/ 100 Cents ($4,000,000.00), then the City, at its option, may approve additional funding; evaluate and select a possible alternative design that would reduce the cost of the Pedestrian Bridge, construct a pedestrian walkway partially at grade instead of a Pedestrian 16 7/28/22 Upload version with corrections Bridge; or delete the Pedestrian Bridge from the Project. If the City decides to approve an alternative design or to remove the Pedestrian Bridge from the Project, Developers will not be found in default under this Agreement. In no event shall the Developers be responsible for contributing more than Two Million Dollars and no/100 Cents ($2,000,000.00) to the design and construction cost of the Pedestrian Bridge, or any alternative design. Section 9.06 Impact fees and Utility Connection Fees. To ensure continued high quality Public Utility service, and in furtherance of the City's continued investment in multi-modal transportation, all impact fees (including Mobility fees) and necessary connection fees due to the City will be paid by the CRA on the Developer's behalf. The Parties acknowledge the CRA's approval of this expenditure on July 18,2022, which will be paid pro rata directly to the City by the CRA at time of permit issuance. Section 9.07 Change in control provisions. The Developer and the City acknowledge and agree that the conveyance of the Property by the City to Developer is expressly conditioned on Developer's agreement to develop the Property in accordance with this Development Agreement and within the time set forth herein, which shall be extended in the event of Force Majeure Event and/or Governmental Delay. Developer shall not sell, transfer, bequeath, or otherwise dispose of the Property, or any part thereof, until the City Hall Project or Harborview Project, as applicable, is Substantially Complete in accordance with this Development Agreement, provided, however, that Developer shall have the right to (i) assign its interest in this Agreement to one or more Special Purpose Entities and (ii) transfer membership interest in the Developer and/or Special Purpose Entities to third party investors provided that one or more of the Key Principals retain direct or indirect control of the Developer and/or Special Purpose Entities, major decision and removal rights of such lenders and/or investor members. Subject to the remedies of lenders and equity investors, Developers agree there shall be no Change in Control prior to Substantial Completion. Developer and/or the Special Purpose Entities shall be entitled to collaterally assign its interest in the Property to institutional lenders and/or investors in connection with the construction and/or permanent financing of the Project. Section 9.08 Future conveyance. The Parties agree that the long-term ownership of the Properties by professional developers or owner-operators is crucial to the success of the Project and the downtown. For these reasons, the Parties agree that any future conveyance of the Property, or those portions of the Property that are residential and overnight accommodation uses, whether prior to Substantial Completion or at any time after Substantial Completion, shall be to a Qualified Transferee. For the avoidance of doubt, leasing or subleasing the Property to residential or commercial tenants shall not be deemed a conveyance of the Property. Section 9.09 Assignment of Development Agreement. Pursuant to Florida Statute §163.3239, the burdens ofthis Agreement shall be binding upon and the benefits shall inure to all successors in interest to the parties to the Agreement, including any Special Purpose Entities, Qualified Transferees and, to the extent provided in Section 4.03, commercial tenants. Any attempted assignment or transfer in violation of this section shall be void ab initio. 17 7/28/22 Upload version with corrections Section 9.10 Timing of construction activity. The Parties understand that construction activities can be disruptive to residents, especially during evening hours. Therefore, all construction activities shall occur during the times described in Section 3-1508 of the Code, except in cases of emergency, or where prior approval has been granted by the City Manager, in his or her sole discretion. The City may give advance notice to cease outside or exterior construction that may conflict with a previously scheduled event at Coachman Park, but not more than four (4) times per calendar year. Section 9.11 Time is of the Essence. The Parties agree that timely completion of this Project is of paramount importance, and time is of the essence regarding the calendar dates and milestones described in this agreement. The Developer's failure, after its commercially reasonable efforts, to obtain Substantial Completion, or any other timeline established in this agreement, as such timeline shall be extended in the event of Force Majeure Event or Governmental Delay, shall result in a material default of this Agreement. Section 9.12 Default. A material breach of any term of this agreement by either party shall constitute an Event of Default. Upon an Event of Default, the aggrieved party shall promptly notify all other Parties of the basis for concluding that an Event of Default has occurred. In such event, the accused Party shall have thirty (30) days to respond and cure the Event of Default or one hundred and eighty (180) days if such Event of Default is not capable of being cured within thirty (30) days provided the accused Party is making good faith efforts to cure such Event of Default. If the Party fai ls to respond, or fails to cure the Event of Default, the aggrieved Party shall have, except as limited by Sections 9.13 and 9.14 of this Agreement, the ability to exercise any and all rights available in law, in equity, and under this contract, provided, however, that in no event shall the Parties be liable for punitive, consequential or special damages. At the request of Developer, the City shall enter into an amendment to this Agreement or subordination, recognition and standstill agreement pursuant to which among other things (i) the rights of the City following an Event of Default by the Developer will be subject and subordinate to the rights of the institutional lenders and/or investors, (ii) the institutional lenders and/or investors will have the right, but not the obligation to cure the Event of Default on behalf of Developer, during an extended notice and cure period, and (iii) the City will recognize the institutional lenders and/or investors right to remove and replace the Key Principals and/or the Developer with a Qualified Transferee. Notwithstanding this provision, the extended notice and cure period shall not apply prior to Closing unless the Developer gives notice to City of an institutional lender and/or investor who has been admitted and demands such right but in no way will diminish the City's right to terminate under Section 4.04. Section 9.13 No cross-default. Notwithstanding anything to the contrary, the City Hall Project and Harborview Project shall not be cross defaulted and in the event there are multiple Developers and/or Special Purpose Entities pursuant to the assignment provisions herein, the obligations hereunder applicable to the City Hall Project and Harborview Project shall be several and not joint and several obligations of the Developers and/or Special Purpose Entities formed to undertake the City Hall Project and Harborview Project. Notwithstanding anything to the contrary, an Event of Default in connection with the Harborview Project shall not be deemed an Event of Default in connection 18 7128122 Upload version with corrections with the City Hall Project; and an Event of Default in connection with the City Hall Project shall not be deemed an Event of Default in connection with the Harborview Project. The Parties hereby agree that the City will only pursue remedies against the individual Developer or Special Purpose Entities formed to undertake the portion of the Project for which an Event of Default has been claimed. Notwithstanding anything to the contrary herein, no default by either the City or the Developer under this agreement shall be deemed to constitute an Event of Default under any other document or instrument now or hereafter in effect between the Parties, including without limitation the Purchase and Sale Agreement for the Property or the License Agreement for the Main Library Lot. It is the intent of the parties that this agreement and the parties' rights, duties and obligations hereunder are intended to be separate and distinct from any other contract or agreement, and not subject to "cross default." A party in breach of the Purchase and Sale Agreement of the Property or the License Agreement for the Main Library Lot, may seek redress only as provided in those agreements. Section 9.14 Remedies Not Exclusive. Except as provided in Sections 9.12 and 9.13, (a) the exercise of one or more of the rights and remedies under this agreement shall not preclude the exercise of any other right or remedy under this agreement, at law, or in equity; and (b) damages at law may not be an adequate remedy for a breach or threatened breach of this agreement and in the event of a breach or threatened breach of any provision hereunder, the respective rights and obligations hereunder shall be enforceable by specific performance, injunction, or other equitable remedy. In no event shall the Parties have the right to seek punitive, consequential or special damages. Section 9.15 Force Majeure. None of The Parties shall be liable or responsible to any other party, nor be deemed to have defaulted under or in breach of this development agreement, for any failure or delay in performing any term of this agreement when and to the extent such failure or delay is directly caused by and attributed to a Force Majeure Event. Section 9.16 Tolling of Time Periods for Force Majeure Event. When a Developer claims that it has been affected by a Force Majeure Event in accordance with this paragraph, the time periods set forth in this Agreement shall be tolled, to the extent that those obligations are affected by the Force Majeure Event, from the date of the Force Majeure Event (provided that Developer provides written notice to the City of such event) until cessation of that Force Majeure event (or the consequences thereof). If one or more Force Majeure Events overlap, the time periods set forth in this paragraph shall be to lled only for the longest period of the overlapping Force Majeure Events (i.e., such events shall run concurrently, not consecutively). Developer shall use Commercially Reasonable Efforts to resume, with the shortest possible delay, compliance with obligations under this Development Agreement. Section 9.17 Governmental Delay. Notwithstanding anything to the contrary contained in the Agreement, all time periods applicable to Developer shall be subject to day- for-day extensions in the event of any Governmental Delay. Section 9.18 Tolling of Time Periods Generally. Notwithstanding anything to the contrary, in the event that there is an appeal or legal proceeding challenging this Agreement or challenging other matters affecting the purpose, intent, or rights of a Developer, the Developers or the City to develop the Project as contemplated hereby, a Force Majeure 19 7/28/22 Upload version with corrections Event, or Goverrunent Delay, all time periods shall be extended on a day-for-day basis; provided, however, that this Agreement shall not exceed the duration of thirty (30) years as set forth in Section 3.01 herein, unless extended pursuant to Section 3.02. ARTICLE X CITY OBLIGATIONS Section 10.01 City's cooperation. The City agrees to assist in carrying out the Project by preparing, submitting to the voters of Clearwater, and promoting a referendum (to the extent permitted by Florida law) approving the sale of the Property to the Developers (Ordinance 9597-22); completing the sale of the Property to the Developers, subject to the mutual agreement of the Parties memorialized in a separate Purchase and Sale Agreement; and completing the Public Realm Improvements described in Section 10.09. In addition, the City will provide financial support to support the public benefits associated with the Project to the extent required by this Agreement. Section 10.02 Development review, permitting and platting. The City agrees to diligently proceed with and complete its development review and permitting processes for each phase of the Project, and respond to the Developer as soon as reasonably possible after receipt thereof and advise the Developer in writing of the City's comments and objections, if any, thereto. The City shall, at minimum, comply with the responsiveness requirements, including timelines, specified in Florida Statute 166.033. Section 10.03 Prioritization of resources. Recognizing the urgency of creating additional housing stock within the City, the City shall, to the extent practical, prioritize all site plan reviews, applications for building permits, and other matters relating to the Project. Section 10.04 Cooperation for waterborne transportation. The Parties fully support and endorse the concept of waterborne public transportation. The Parties acknowledge the City's current support for the Clearwater Ferry, and further acknowledge the efforts of the Pinellas Sun coast Transit Authority ("PST A") to expand access to waterborne transportation. The City agrees to collaborate with PSTA with a goal toward increasing access and usage as opportunities for collaboration arise. Section 10.05 Cooperation regarding marina facilities. The City and Developer shall explore and cooperate regarding the construction and use of new boat slips or use of existing boat slips at the Clearwater Harbor Marina. Section 10.06 Cooperation as to Tourist Development Council ("TDC"). The City agrees to recommend and support the Developer's request for supplemental funding from the TDC. The Parties acknowledge that the City does not control the TDC, and cannot assure the Developer of a particular outcome. Section 10.07 Demolition and remediation of City Hall. The City agrees to demolish the old City Hall site, clear the land, obtain a Phase I ESA, obtain a Phase II ESA if required based upon Phase I ESA findings, and provide a copy of the same to the Developer. If the ESA identifies the need for envirorunental remediation, the City will 20 7/28/22 Upload version with corrections perform or arrange the remediation at no cost to the Developer. The City will perform the remediation prior to, and as a condition precedent to, closing on the sale of the Property. If remediation is required, any remediation performed by the City after the Developer receives a building permit for the old City Hall site shall toll the due diligence period while the remediation occurs. Section 10.08 Remediation of Harborview Site. The City agrees to obtain a Phase I ESA for the Harborview Site, obtain a Phase II ESA if required based upon the Phase I ESA findings, and provide a copy of the same to the Developer. If the ESA identifies the need for envirorunental remediation, the City will perform or arrange the remediation at no cost to the Developer. The City will perform the remediation prior to, and as a condition precedent to, closing on the sale of the Property. If remediation is required, then all timelines shall be tolled as needed to account for the time for remediation to occur. Section 10.09 Public Realm Improvements. The City shall complete, at its own expense, the improvements located on the public property identified on the Public Realm Improvements Exhibit E attached hererto. The Public Realm Improvements include anticipated improvements to Osceola A venue including the construction of improved intersections. The City and Developer will coordinate the design and construction of such Public Realm Improvements to ensure completion of such improvements prior to Substantial Completion. The City shall identify the funding source for the Public Realm Improvements and commit such funds prior to and as a condition of Developers Closing on the purchase of the properties. The Public Realm Improvements shall be completed prior to Substantial Completion. In the event the City does not complete the Public Realm Improvements, Developer, at its option, may proceed to complete such improvements to ensure the continuity and integration of the Projects to the Public Realm and seek reimbursement for the actual costs thereof. Notwithstanding this section 10.09, the Pedestrian Bridge construction shall be pursuant to the terms of this Agreement. Section 10.10 Financial Commitments. The City shall maintain its financial capability to carry out its responsibilities as contemplated by this Agreement along with the terms of any executed Purchase and Sale Agreement, and shall notify the Developer of any event, condition, occurrence, or change in its financial condition which adversely affects, or with the passage of time is likely to adversely affect, the City's financial capability to carry out its responsibilities contemplated hereby. With respect to the public funds of the CRA and the City that shall be contributed for the success of the Project, the Parking Contribution and any other funds obligated herein shall be deposited into an escrow account for the benefit of Developer to directly pay Developer expenses (such as the CRA's payment of impact fees and connection fees) or be paid at Closing as provided for in the Purchase and Sale Agreement. ARTICLE XI DEVELOPER'S REPRESENTATIONS AND WARRANTIES Section 11.01 Developer Representations. Each Developer hereby represents, warrants, and covenants to the City as follows: 21 7/28/22 Upload version with corrections (a) The Developer has all requisite power and authority, has taken all actions required by its organizational documents and applicable law, and has obtained all necessary consents, to execute and sign this Agreement. This Agreement has been duly authorized and properly executed and delivered and constitutes the valid and binding obligations of Developer, enforceable in accordance with its terms, subject to principles of equity, bankruptcy, insolvency, and other laws generally affecting creditors' rights and the enforcement of debtors' obligations. (b) The Developer is qualified and has the skill and professional competence, expertise, and experience to undertake the obligations imposed, and to perform the Services contemplated, by this agreement and the requirements of a project of the magnitude and scope of the Project. (c) The Developer and is contractors hold and will at all times during the term of this Agreement maintain all licenses, permits, or other certifications necessary to comply with the Agreement. (d) The Developer will be solely responsible for evaluating its responsibility and liability, if any, under Florida Statute 448.095. ARTICLE XII MISCELLANEOUS Section 12.01 Statutory Development Agreement Requirements. Pursuant to the requirements of the Florida Local Government Development Agreement Act, Sections 163.3220-163.3243, Florida Statutes, are incorporated herein. Accordingly, the failure of the Agreement to address a particular permit, condition, term, or restriction shall not relieve the Developer of the necessity of complying with the law governing said permitting requirements, conditions, terms, or restrictions. Subsequently adopted ordinances and codes of the City which are of general application not governing the development of land shall be applicable to the lands subject to this Agreement. Section 12.02 Notices. Unless specifically stated otherwise in this Agreement, all notices, waivers, and demands required or permitted under this Agreement shall be in writing and delivered to all other parties at the addresses below, both by certified or registered U.S. Mail, and by electronic transmission (facsimile or e-mail). Where time is of the essence, delivery shall be considered complete forty-eight (48) hours after sending the electronic transmission. To City: 22 Name: Gina Clayton, Community Development Coordinator Address: 100 S. Myrtle Ave., Clearwater, FL 33756 Telephone: 727-562-4587 Email: gina.clayton@myclearwater.com 7/28/22 Upload version with corrections with a copy to: To Developer: To Developer With a copy to: Name: David Margolis, City Attorney Address: 600 Cleveland Street, Ste 600 Clearwater, FL 33755 Telephone: (727) 562-4010 Email: David.Margolis@MyCiearwater.com Name: Bryan Kelly Gotham Property Acquisitions, LLC Address: 432 Park Ave South, 2nd Floor, New York, NY 10016 Telephone: (212) 599-0520 Email: bkelly@gothamorg.com Name: Dustin J. DeNunzio The DeNunzio Group, LLC Address: 3060 Alternate 19 North, Palm Harbor, FL 34683 Telephone: (727)259-7160 Email: djd@thedenunziogroup.com Name: Katherine E. Cole, Esq. Hill Ward Henderson Address: 600 Cleveland Street, Ste. 800 Clearwater, FL 33755 Telephone: (727) 259-6791 Facsimile: (727) 724-2900 Email: katie.cole@hwhlaw.com Any party shall change its address for purposes of this Section 12.02 by giving written notice as provided in this Section 12.02. All notices and demands delivered by a party's attorney on a party's behalf shall be deemed to have been delivered by said party. Notices shall be valid only if served in the manner provided in this Section 12.02. Section 12.03 Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of Florida, without giving effect to any choice or conflict oflaw provision or rule that would cause the application oflaws of any jurisdiction other than those of the State of Florida. Section 12.04 Attorneys' Fees. Each party to this development agreement shall be responsible for all legal fees and costs it incurs in connection with the preparation, review, and negotiation of this agreement, and any pursuit or defense of any claim relating to this agreement. Section 12.05 Submission to Jurisdiction and Venue. The parties hereby agree that any suit, action, or proceeding seeking to enforce any provision of, or based on any 23 7/28/22 Upload version with corrections matter arising out of, relating to, or in connection with, this Development Agreement or the transactions contemplated hereby, whether in contract, tort, or otherwise, shall be brought in the state court located within Pinellas County, Florida, and that any cause of action arising out of this Agreement shall be deemed to have arisen from a transaction of business in the State of Florida. Each of the parties hereby irrevocably consents to the jurisdiction of such courts (and of the appropriate appellate courts therefrom) in any such suit, action, or proceeding and irrevocably waives, to the fullest extent permitted by law, any objection that it may now or hereafter have to the laying of the venue of any such suit, action, or proceeding in any such court or that any such suit, action, or proceeding that is brought in any such court has been brought in an inconvenient forum. Section 12.06 Interpretation and Construction. (a) Drafting Partv. The Parties acknowledge that, in connection with negotiating and executing this Agreement, each has had its own counsel and advisors and that each has reviewed and participated in drafting this Agreement. The fact that this Agreement was prepared by any Party's counsel as a matter of convenience shall have no import or significance to the construction of this agreement. Any rule of construction that requires any ambiguities to be interpreted against the drafter shall not be employed in the interpretation of: (i) this Agreement; (ii) any exhibits to this Agreement; or (iii) any document drafted or delivered in connection with the transactions contemplated by this Agreement. (b) Headings. Any captions or headings used in this Agreement are for convenience only and do not define or limit the scope of this agreement. (c) Pronouns and singular usage. The singular of any term, including any defined term, shall include the plural and the plural of any term shall include the singular. The use of any pronoun regarding gender shall include the neutral, masculine, feminine, and plural. Section 12.07 Severability. If any term or provlSlon of this Agreement is determined to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable any other term or provision. Section 12.08 Estoppel Certificates. Within twenty (20) days after request in writing by any Party or lender, the other Party will furnish a written statement in form and substance reasonably acceptable to the requesting Party, duly acknowledging the fact that (a) this Development Agreement is in full force and effect, (b) there are no uncured defaults hereunder by the City or a Developer, if that be the case, and (c) additional information concerning such other matters as reasonably requested. In the event that either Party shall fail to deliver such estoppel certificate within such twenty (20) day period, the requesting Party shall forward such request directly to the City Manager and the City Attorney or to the Developer with copies to the Developer's counsel by certified mail, return receipt requested or by Federal Express or other courier service requiring signature. In the case where a Developer is the requesting Party, the Developer may, in its sole discretion but 24 7/28/22 Upload version with corrections without obligation, appear at a public meeting and request the estoppel certificate to insure that the City Manager and staff are aware of the request and the Developer may rely on the statement of the City Manager at such public meeting or may request that the City Manager be directed by the City Council to respond to the estoppel certificate request in a timely manner. Section 12.09 Entire Agreement. The Parties' entire agreement is encompassed within this Development Agreement, two Purchase and Sale Agreements for the Property, the License Agreement for the Main Library Lot, and the exhibits to each of those agreements, and any resolution, ordinance, or action approved by the City in furtherance of the provisions herein. Together, those documents constitute the sole and entire agreement of The Parties, notwithstanding any prior statements or representations, whether written or oral. Section 12.10 Waiver. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set out in writing and signed by the party so waiving. No waiver by any party shall operate or be construed as a waiver in respect to any failure, breach, or default not expressly identified by such written waiver, whether of a similar or different character, and whether occurring before or after that waiver. No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege. Section 12.11 Days; Performance on a Saturday, Sunday, or Holiday. Whenever the term "day" is used in this agreement, it shall refer to a calendar day unless otherwise specified. A "business day" shall mean any weekday except for holidays on which the City is closed for normal business. Should this agreement require an act to be performed or a notice to be given on a Saturday, Sunday, or City holiday, the act shall be performed or notice given on the following business day. Section 12.12 Further Assurances. Each party agrees to do such things, perform such acts, and make, execute, acknowledge, and deliver such documents as may be reasonably necessary and customary to carry out the intent and purposes of this Agreement, so long as any of the foregoing do not materially increase any party's obligations hereunder or materially decrease any party's rights hereunder. Section 12.13 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall be deemed to be one and the same Agreement. Section 12.14 Exculpation. Notwithstanding anything to the contrary, in no event shall the partners, officers, directors, employees, affiliates or subsidiaries of the Developers have any liability whatsoever pursuant to this Agreement and, subject to Section 9.02, the City agrees to look solely to Developers and subsequent Property owners in connection with the remedies provided for in this Agreement. 25 7/28/22 Upload version with corrections [SIGNATURE PAGE FOLLOWS] 26 7/28/22 Upload version with corrections SIGNATURE PAGE TO DEVELOPMENT AGREEMENT IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date set forth above. Countersigned: Frank Hibbard Mayor Approved as to fonn: David Margo lis City Attorney CITY OF CLEARWATER, FLORIDA By: Jon Jennings City Manager Attest: Rosemarie Call City Clerk 27 SIGNATURE PAGE TO DEVELOPMENT AGREEMENT DEVELOPER: STATEOF ____ -J COUNTY OF _________ ) GOTHAM PROPERTY ACQUISITIONS, LLC a New York limited liability company By: ---------------------------Bryan Kelly Its: The foregoing instrument was acknowledged before me by means of 0 physical presence or 0 online notarization, this day of , 2022 by Bryan Kelly, as of GOTHAM PROPERTY ACQUISITIONS, LLC, a New York limited liability company, on behalf of the said company, who is 0 personally known to me or 0 has produced a valid driver's license as identification. [Notary Seal] Notary Publi c Print Name: My Commission Expires: ______ _ 28 SIGNATURE PAGE TO DEVELOPMENT AGREEMENT THE DENUNZIO GROUP, LLC, a Florida limited liability company By: Dustin J. DeNunzio STATE OF FLORIDA) COUNTY OF .PINELLAS) Its: The foregoing instrument was acknowledged before me by means of 0 physical presence or 0 online notarization, this day of , 2022 by Dustin J. DeNunzio, as of THE DENUNZIO GROUP, LLC, a Florida limited liability company, on behalf of the said company, who is 0 personally known to me or 0 has produced a valid driver's license as identification. [Notary Seal] Attachments: Exhibit A: City Hall Site Legal Description Exhibit B: Harborview Site Legal Description Exhibit C: Concept Plan Exhibit D: Main Library Lot Exhibit E: Public Realm Improvements Exhibit 17111172v2 29 Notary Public Print Name: My Commission Expires: ___ _ DESCRIPTION That portion of the East 402.04 feet of Lots 3, 4, & 5 of Block A, John R Davey's Re-subdivision as shown on plat recorded in Plat Book 1, page 87 of the Public Records of Hillsborough County, Flor ida, of which Pinellas County was formerly a port; lying South of those lands described in Official Records Book 14700, page 1498 of the Public Records of Pinell as County, Florida; LESS the East 15 feet of said Block A; And LESS the South 20 feet of said Lot 5 per City of Clearwater Resolution 64-180, recorded in Official Records Book 2059, page 493 of said Pinellas County Public Records. Said portion of Lots 3, 4, & 5 being more particularly described as follows: Commence at the Southeast corner of Lot 5, Block A, John R Davey's Re-subdivision as shown on plat recorded in Plat Book 1, page 87 of the Public Records of Hillsborough County, Florida, of which Pinellas County was formerly a part; thence N oo· 06' 32"E along the East line of said Lot 5, a distance of 20.00 feet to a point on the North line of the South 20 feet of said Lot 5; thence S 89. 20'12" W along said North line of the South 20 feet, a distance of 15.00 feet to the West line of the East 15 feet of said Block A and the Point of Beginning; thence continue S 39· 20'12" W along said N line of the South 20 feet, a distance of 387.07 feet; thence N oo· 06' 32"E, a dis tance of 300.20 feet to the Westerly extension of the Southernmost line of those lands described in Official Records Book 14700, page 1498 of the Public Records of Pinellas County, Florida; thence S 88. 25' 09" E along said line, a distance of 387.17 feet to the said West line of the East 15 feet; thence S oo· 06'32"W along said West line of the East 15 feet. a distance of 285.04 feet to the Point of Beginning. Containing 113,256 square feet, or 2.60000 acres, more or less. NOTES 1. THIS IS A SKETCH TO ACCOMPANY A DESCRIPTION AS DEFINED IN CHAPTER 5J-17.052 OF THE FLORIDA ADMINISTRATIVE CODE AND IS NOT A FIELD SURVEY. 2. BEARINGS SHOWN HEREON ARE BASED ON GRID NORTH , AS REFERENCED TO THE FLORIDA STATE PLANE COORDINATE SYSTEM, WEST ZONE, AS ESTABLISHED BY THE NATIONAL OCEAN SERVICES' PROGRAM OFFICE NATIONAL GEODETIC SURVEY AND THE WEST UNE OF OSCEOLA STREET BEING SOUTH oo·a6'32" WEST. 3. COORDINATES SHOWN HEREON ARE REFERENCED TO FLORIDA STATE PLANE COORDINATES, WEST ZONE, NORTH AMERICAN DATUM OF 1983, 2011 ADJUSTMENT AS ESTABLISHED USING THE FLORIDA DEPARTMENT OF TRANSPORTATION'S FLORIDA PERMANENT REFERENCE NETWORK OF BASE STATIONS. THE COORDINATES ARE DISPLAYED IN US SURVEY FEET. 4. THIS DESCRIPTION IS BASED ON THE DIMENSIONS PROVIDED IN A BOUNDARY SURVEY TITLED "THE CITY OF CLEARWATER'S TITLE IN COACHMAN PARK" AND OTHER CITY PROPERTIES, PREPARED BY MACSURVE Y, INC., ITS PROJECT 2018-023, AND HAVING A SURVEY DATE OF 11 /1 /2019. NOTE THAT THE BEARING OF PIERCE STREET SHOWN ON THE SURVEY HAS BEEN REVISED FROM S89i0'11 "W TO S89.20'12"W, HOWEVER THE REVISED SURVEY HAS NOT YET BEEN COMPLETED. PREPAAED fOR: City of Clearwater 100 S. Myrtle Avenue Clearwater fl. 33756 1---~~S~k~e~t~c~h~o~f~D~e~s~cr~if~t~io~n~~--~~~:~~~~~~=E~~~~~P~~--~---~--------~ 2.60oc Old City Hal Parcel ~' SECTION 1 6, TOWNSHIP 29 S. RANGE 15 E. INITW.S DATE CREW CHEF N/A N/A OIW¥N CPII 5/ll/22. CI£CKEO CPt.l 5/31/22. FIElD BOO< N/ A Since 1919 AEtD DAl£ N/A George F. Young, Inc. 299 OR. IIARltl Wll£R KINO JR. STR£ET. N. ST. PE'IERSI:U«l. FI.OADA .lJ701 PHONE (727) 822--4:317 FAX (n7) 1!22-2!118 BUSINESS ENTITY LB21 WVNI.CEOAC~NG.COiol CM. .. TRNISPORTATlOH EIIQIERSNG I ECOLOGY I GIS II.NIOSCN'E N!atii£ClURE PUNt NO I SIAMYINO I SIJBSIJlf'ACE unUTY DIGINEERIIG WI:SVU£ •lJKEli'OOD RAHCH•ORI»>DO • ST. PEI'ERS9IJRO • T.INPA JOB NO. 20004101SS St£Er NO. 1 OF 2 "' ! C> .: ~ Q. z z § 2 Q. ~ .:.: ~ N ';;)- ....... U> ~ ~ - / I -/-- I I LOT 2, BLOCK A (PBH 1/87) ORB 14700/1498 &: ORB 16335/11 I WATER'S EDGE, A CONDOMINIUM f--.,-~ --REM-A-IN-DER -0F-LOT_3_(-NOT -;c;:uD£0) I ,s. ----------402.04' ----------t-1 1- "' d§&' I I !j ~~ # r-....,---:;S:::;8::;8;::.2:::5:;'o=g•::E:--:3::8:o:7~.1~7~' ------1-_J.., ~ 1-40' (%) gR ~ I() E UNE BLOCK A (PBH 1/87) ~~ «' ~ LOT 3, BLOCK A (PBH 1/87) 15._ ®t ::::-~ VESTED IN OTY PER DB 113/176 ~ ~ :t:83.40' ~ 1-J: Cl~---.... -'"-b ----------------~~~ ~ ,!J::::-. N &I) ~11-lw ~ d §t<t • CIO ~ Cll Cl. ~; Jr ~ 8 N ~I :5 0~ !<7 ,;' I") LOT 4, BLOCK A (PBH 1 /87) -~ ~.... I V> o § "-VESTED IN OTY PER DB 113 176 ~ < O < !I ~~ ~ ~ ~I t5 ~I w N ( s ~t: "' ~~(/)o~l ~r - -,., -81 SCALE 1"=100' : ,s. "J sg -L-OT-5.-B-LOCK I A (~ 1-/8-7) - - -g ii ~ ~ ~ "·0'-8 0 -~ ""'f 1.. £ VESTED IN CITY I E 236' VESTED IN aTY ,, w L •o os-v• V> l"o Z PER DB 1+93/403 PER DB 361/249 ~$ f' 15'-~ ~ POINT OF BEGINNING I ~ ~~ I ~ I ---5/8" IRC ~ 'f ~129.62' SB9"20'12·w 387.07' 1 yv "FLORIDA DoT" 1 ____ L£SS S. 20 Of ':QU (~Ul1SJ1!]64-180, ORB 2059j493J _l ~ ----'-::",-.=:L ·0 r---1 !'--~ S89'20'12"W TI "-a· srRiPTo CiTY(oi838;93) ~ s UNE Lor_: (PBH 1/87) 1 - 1---t.---"--"::....-~ PIERCE STREET ____ .,._, -J NO:~~::Z"E (20' HALF R/W PER PBH 1 /87) 20.00' POINT OF COMMENCEMENT SE COR OF LOT 5, BLOCK A (PBH 1 /87) NLD "MACSURVEY LB 7929n LEGEND <t COR DB#/# ORB#/# PB#/# PBH#/# R/W N= E= = CENTERUNE = CORNER = DEED BOOK/PAGE = OFFICIAL RECORDS BOOK/PAGE = PLAT BOOK/PAGE = HILLSBOROUGH PLAT BOOK/PAGE = RIGHT-OF-WAY = NORTHING(Y) COORDINATE = EASTING(X) COORDINATE N=1,320,476.388' E=397,529.630' PREPioRED FOR: City of Clearwater 100 S. t.lyrtle Avenue Clearwater Fl. 33756 ... -~~S~k~et~c....;h~o~f~D~es~c~r;;.;.;itt~io~n~~--4~ : 2.60ac Old City Hal Parcel ~ SECTION I 6. TOWNSHIP 29 S. RANGE 15 E. INITW.S DATE DATE OESCRIPTlOH 6/6/22 Deed 8oCik Po4t JOB NO. E CREW CHEf N/A N/A ,, George F. Young, Inc. 20004101SS DRAWN CA.I ~/31/22 0£CKEO Cl'lot 5/ll/22 REID BOO< N A REID DATE N A Since 1919 m Ill. MAR~ WTI£R ~ Jt STR£ET. N. ST. ~ Fl.OAIDA 33701 PliONE (727) 822-4317 fAX (n7) 1122-2SIIG BUSINESS ENll1Y lS21 WIWI.GEOACEI'YOUHC.COiol CM. ., TRNISI'aUATION EHOIIURINC 1£C.Ot.OCYIGISIUH!ISCN'E NICHITtCI\.ft: PINNNO I SUM'IINC I SUBSURfACE unUTY ~GINEERHI W£SVLL£•1N<EWOOO RANCH•ORI.ANDO•S'I. ~·TI>NPA SI£ET NO. 2 OF 2 01 " ~ ~ a:: I 8 V> I V> V> 0 ; 8 0 N -G 3: 0 ~ 1/) 0 ; 8 0 N ./ 0 N 0 N < :> .. ~ ... " ·e- Q. c I .9-.. -( Iii I ~ ~ i.&.i ...I ii: f C) ..: 8. .~ z z ~ 5: 10 II) .;.: s N ' (I) ';;;- 8 5 -' Q. '-.1'\111'-llt. U -IICII'-'VI '11\;iofY \, .. 11\Q DESCRIPTION A portion of Lot 3 of Edward Mills Subdivision, as shown on the plot recorded in Plot Book 9, page 36 of the Public Records of Pinellas County, Florida, AND a portion of Lots 1 & 5 of Rompon's & Baskin's Corrected Mop of Causeway Business District, as shown on the plot recorded in Plat Book 57, page 1 of said Public Records of Pinellas County, said portions being more particularly described as follows: Beginning at the Northeast corner of said Lot 3 of Edward Mills Subdivision; thence S oo· 06' 32" W along the East line of said Lot 3, a distance of 21.59 feet; thence N 76' 40' 00" W, a distance of 216.39 feet; thence N 00' 43' 12" E, a distance of 278.93 feet; thence S 89' 11' 37" E, a distance of 192.69 feet to the East line of said Lot 5 of Rompon's & Baskin's plot; thence S 00' 06' 32" West, a distance of 304.12 feet to the Southeasterly corner of Lot 1 of said Rompon's & Baskin's plot, said point also being a point on the North line of said Lot 3, Edward Mills Subdivision; thence S 88' 29' 57" E along the North line of said Lot 3, a distance of 15.00 feet to the Point of Beginning. Containing 58,727 square feet, or 1.34818 acres, more or less. NOTES 1. THIS IS A SKETCH TO ACCOMPANY A DESCRIPTION AS DEFINED IN CHAPTER 5J-17.052 OF THE FLORIDA ADMINISTRATIVE CODE AND IS NOT A FIELD SURVEY. 2. BEARINGS SHOWN HEREON ARE BASED ON GRID NORTH, AS REFERENCED TO THE FLORIDA STATE PLANE COORDINATE SYSTEM, WEST ZONE, AS ESTABLISHED BY THE NATIONAL OCEAN SERVICES' PROGRAM OFFICE NA TlONAL GEODETlC SURVEY AND THE WEST LINE OF OSCEOLA STREET BEING SOUTH 00'06'32" WEST. 3. COORDINATES SHOWN HEREON ARE REFERENCED TO FLORIDA STATE PLANE COORDINATES, WEST ZONE, NORTH AMERICAN DATUM OF 1983, 2011 ADJUSTMENT AS ESTABLISHED USING THE FLORIDA DEPARTMENT OF TRANSPORTATION'S FLORIDA PERMANENT REFERENCE NETWORK OF BASE STATIONS. lHE COORDINATES ARE DISPLA YEO IN US SURVEY FEET. 4. THIS DESCRIPTION IS BASED ON THE DIMENSIONS PROVIDED IN A BOUNDARY SURVEY TITLED "THE CITY OF CLEARWATER'S TITLE IN COACHMAN PARK" AND OTHER CITY PROPERTIES, PREPARED BY MACSURVEY, INC., ITS PROJECT 2018-023, AND HAVING A SURVEY DATE OF 11/1/2019. 5. PROPOSED INFORMATION PER STANTEC BULLETIN 1 FILE OOC-DB01 DATED 11/12/2021. LEGEND ~ = CENTERLINE COR = CORNER DB#/# = DEED BOOK/PAGE ORB#/# = OFFICIAL RECORDS BOOK/PAGE PB/1/# = PLAT BOOK/PAGE PBH#/# = HILLSBOROUGH PLAT BOOK/PAGE R/W = RIGHT-OF-WAY N= = NORTHING(Y) COORDINATE E= = EASTING(X) COORDINATE PREPARED FUR: City of Clearwater 1 00 S. l.lyrtle Avenue Clearwater Fl 33756 1---=~S~k~e~t;....ch~o~f~D~es~c~r-ip~ti~· o~n~~---t!jj : 1.35ac Commercial Parcel {i) SECTION 1 a TOWNSHIP 29 S. RANGE 15 E. ~TE DESCR1PI10N 6/6/'12 Ad)lst west ... locotlcll INITW.S ~TE l f George F. Young, Inc. JOB NO. CREW CHEf N/A N/A DRAWN CfN 5/31 /'11 O£CKED CI'N 5/31/21 FJEU) 1100< H A AEU) DATE N A Since 1919 299 DR. t.4ARTIN WTI£R KINO .R. STRlET. N. ST. PETERSf!IJlG, Fl..ORDA 33701 PH<H (727) 822-4317 fAX (n7) 822-2818 BUSINESS Er-mtY 1.821 WV.W.CEOACEF'r'OUNC.COW CM.. I< lRNISPORTAllOH ENG1f€£RIN<ll £COlOGY 1 GIS II.NIDSICN'E MCitlli:Cl\H: PUNt NO I SUIM"IIN<ll SUBSURF.ICE Uni.JlY ENGIN!!RIIG <WNESVl1.E • LN<£11000 RANCH• ORlANDO • ST. PErERSIIlMIG • TN.FA 20004101SS SI£ET NO. 1 OF 2 1 z :Z (3 9 :z a.. l;j .n l;j 0 N ~ ' U) ~ ~ BOUNDARY 1'E OF' PROPOSED FACE OF' WAll< & EXTENSION ~'-~~ ~ Sm a.. ----~I 91 I -------- CREW at CI£CKED REID BOO< FlEl.D DAlE BOUNDARY 1'N OF PROPOSED FACE OF' WALK ......... <:.-1"'-.-[;) 1-om ...10. '-' Clearwater N A. ~ 0) cxj ,..... N UJ • N .... ~ :t" LOT 5 (PBH 7/19 & PB 4/10) 192.69' LOT 5 (PB 57 /1) VESlED IN CITY PER DB 1003/499 LOT 1 (PB 57 /1) 'vt:STED IN CITY PER ORB 7998/606 NE COR OF LOT 5 (PB 57 /1) LOT LINE POINT OF BEGINNING NE COR OF LOT 3 (PB 9/36) NLD "MACSURVEY LB 7929" N=1,321,201.959' E=397,531.011' S88.29'57 .. E I 31: I~ (/) < ~ § w s SCALE 1"=50' soo·os '32•w 21.59' E 15' OF LOT 3 FOR R/W (ORB 1570/301) UKEL Y ElmNGUISHED BY •MERGER DOCTRINE" JOB NO. E ,, George F. Young, Inc. 2000410155 Since 1919 299 DR. liAR~ LUTHER I<Nl JR. STREET. N. ST. P£1ERSIUIO, FI.OAOA 33701 PI10NE (721) 822--4.)17 FAX (n7) 822-:!il& BUSINESS ENTITY LB21 WV.W.CEOACEFYOUHC.COI.t avt. ole TR.INSI'<li!TATION EIIQifiRING I E:COLOOWJIS II.NIDSCN'E AROUltCTUAE P!NIINO I SUM:IINC I SUISIJlFACE: tmUTY OIQNIERINQ CAHESVlJ.£•~000 RAHCH•ORlNIOO•ST. ~·TAII'A St£ET NO. 2 OF 2 "' !1: ""<:! ~ cr: I I') 8 (/) I (/) (/) 0 ;: 8 0 N / ~ ~ (/) 0 :; 8 ~ 0 N 0 N < ::l ~ 0 ., ·e-a. <-1 $ ~ I t ~ / w ..... c: "' ~ <.:> -~ z :Z (5 g ::I! a. N N .n N N 0 N -;;;. -;;;. 0 LLJ 5 ..... a. AERIAL VIEW THE BLUFFS CLEARWATER, FLORIDA ARTISTIC REPRESENTATION, FOR ILLUSfRAT/VE PURPOSES ONLY. EJchib<t ·c· . 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Inc.~ 2022 (727) 800·5300 I ARCITECTURESP.COM I AA26001704 1626001704 ELEVATIONS I I ~ ··--~fl L£11U27 1rvn '" II'VFI. )'i trvn_u l!Vfl.l3 1<11[122 U"\1£1.21 llV£1.20 I,Vf'tl9 lf'VIl!M Ll\'\117 1{\10 16 1rvt'111i tt:VEL1.1 tt\!Jll~ tf\'l'ttl trwtn I(Vfl. tO lt:Vfl9 lfV£l9 U'\1[17 illln& 1rvn s Jl ___________________________________________________________ j I I l~----------~-------------~-~-------------------------JI 'EAST ELEVATION THE BLUFFS CLEARWATER, FLORIDA ARTISTIC REPRESENTATION, FOR ILLUSTRATIVE PURPOSES ONLY. 'wEST ELEVATION I SOUTHERLY DEVELOPMENT PARCEL I SCALE: nts ~ BeharPeteranecz 1l ARCHITECTURE/ INTERIORS MAfta.&A.lL£c&..'1> flAINrtD SfVCCO FINISH ClASS 003 29JUNE2022 This drawing ond /he contents herein are the property of Behar & Peteronecz. Inc. ond moy not be vsed or reproduced withovt written permission from Behar & Peteronecz. Inc. t:; 2022 (727) 80().530() I A.RCITECTUREBP.COM I AA260017041B26001704 ELEVATIONS ,: EAST ELEVATION THE BLUFFS CLEARWATER, FLORIDA ARTISTIC REPRESENTATION, FOR ILLUSTRATIVE PURPOSES ONLY. ~ ~ ~ .APJA((:NfWAl'Ek"S £DCE: CONOOMINtVM :I I SOUTHERLY DEVELOPMENT PARCEL I SCALE: nts ~ BeharPeteranecz ARCHITECTURE / INTERIORS 004 29JUNE2022 This drawing and the contents herein ore I he property of Be nor & Peteronecz. Inc. ond moy not be vsed or reproduced wilhovt wrillen permission from Behor & Peteronecz. Inc.@ 202.2 (727) 800·5300 I ARCITECTUREBP.COM I AA260017041826001704 ELEVATIONS I~ I; ';; ~ ,------, r """"'""""~ r I I 'CJ I •. o, I l.-I I I I I I I I I I I I I I I I I I I I I I ~ I _..J ~ I _.::..--:J :t =:::::J I I I~~~: --.. ---. -I I jl ~ : : ~----~~~~~---~~~~------~~---~-------~~~------~~~~----~~~~~-----~~~----------~, SOU H ELEVATION THE BLUFFS CLEARWATER, FLORIDA SOUTHERLY DEVELOPMENT PARCEL SCALE: nts (.fV£lJ1 ~ ~ ~ I LE\I£12J ~ -LQ.!b2! ....J.l.!(.U.lQ lfV£tt2 ....!!l!£Uil. ....wlll.!Z. ~ ~ L£\lfl , .. ~ --l1m.ll. ~ ~ ~ .....LtWJ!) l[\111.9 ~ ~ ~ __!!Y!U LEVfl4 I.Mb! ~ MFANC!tAflf <OIC'£NJW iOOMMfRCIAL ~~:6 &ElOWCIAD( PARKIIIfC CiAJ.MiE ~ BeharPeteranecz ARCHITECTURE/ INTERIORS .MATEkW ll(i(NP PAJNl(D STVCCO ONlSH GWI 005 29JUNE2022 ARTISTIC REPRESENTATION. FOR IllUSTRATIVE PURPOSES ONlY. This drawing ond the contents herein ore the ptoperty of Behar & Peleronecz. Inc. ond moy not be used or re(JIOduced without writlen permiSlion from Behar & Peteronecz. Inc. C 2022 (727) 800-5300 I ARCITECTUAEBP.COM I AA26001704 1826001704 ELEVATIONS II Jl --~ ---1: I ' ' IL-----------------------------------------------------------------------------J NORTH ELEVATION THE BLUFFS CLEARWATER, FLORIDA SOUTHERLY DEVELOPMENT PARCEL SCALE: nts ~I ;I z ~I I I I I I I I I I I I I I I I ff.vtl27 --l!lllUt ~ ~ L£VR1.11 ~ ~ ~ ~ -1ll4l..ll lf\'1117 --.1fll1b..!! U:V£1 15 --Ull:ru!. ~ l£\f!13 ~ l~lli:NliAl ~ --l!l!D..!! ~ ~ ~ --loll!fll I.TVfl6 'l:l BeharPeteranecz ARCHITECI1JRE / INTERIORS MATUlALl.f<',;E'hO PA!NTEP S7VCCO riNIS ... GWS 006 29JUNE2022 ARTISTIC REPRESENfATION, FOR /LLUStRATIVI: PURPOSES ONlY. This drawing and the contents herein ore the property of Behar & Peteronecl. Inc. and may not be used or reproduced without written permission from Behar & Peteronecz. Inc. © 2022 (727) 800·5300 I ARCITECTUREBP.COM I AA26001704 1826001704 SITE PLAN 1< THE BLUFFS CLEARWATER, FLORIDA ;>co USRARV OITitANC£ )"' ,. ' t . ' t, ( '~~ ·, ' ' ',.. 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P.OOfU:VEL LrvD._3 l.l:VEltl __uvna t.£Vn1D HVEt.9 ~ l!\1U7 l.LVIU lflltl.S IIVfL4 UVflJ • .:J SOUTH ELEVATION NORTHERLY DEVELOPMENT PARCEL SCALE: nts ~ BeharPeteranecz • ARCHlTECTURE / INTERIORS MAllRW.LtG(NP PAJNITO SJ\K.(O fiNISH ACCQotf CUYCO&.Ol WOOD T~E PANElS GlASS 008 29JUNE 2022 This dtawing and the contents herein ore the properly of Behar & Peteranecz. Inc. and may not be vsed or re{J(odvced WJthovt writ/en permission from Behar & Peteronecz. Inc. @ 2022 (n7) 800-5300 I ARCITECTUREBP.COM I AA26001704 1826001704 CONCEPTUAL RENDERINGS THE BLUFFS CLEARWATER, FLORIDA ARTISTIC REPRESENTATION, FOR ILLUSTRATIVE PURPOSES ONLY. VIEW FROM PARK ~ BeharPeteranecz 009 SCALE: nts ARCHITECfURE / INTERIORS 29JUNE2022 This drawing ond the contents nerein are the property of Behar & Pe/eranecz. Inc. and may not be used or reproduced without written permission from Behar & Peteranecz. Inc. \Q 2022 (727) SD0-5300 I ARCITECTUAEBP.COM I AA26001704 1826001704 VIEW FROM S OCEOLA AVE THE BLUFFS CLEARWATER, FLORIDA ARTISTIC REPRESENTATION, FOR ILLUSTRATIVE PURPOSES ONLY. I SOUTHERLY DEVELOPMENT PARCEL I SCALE: nts ~ BeharPeteranecz ARCHITECfURE / INTERIORS 0010 29JUNE2022 This drawing and lhe contents herein ore the property of Behar & Peleranecz. Inc. and may no/ be used or reproduced without wriHen permission from Behar & Peleronecz. Inc.<!:> 2022 (727) 800·5300 I ARCITECTUAEBP.COM I AA26001704 1826001704 STREET VIEW FROM S OCEOLA AVE THE BLUFFS CLEARWATER, FLORIDA ARflSTIC REPRESENTATION. FOR ILLUSTRATIVE PURPOSES ONLY. I SOUTHERLY DEVELOPMENT PARCEL I SCALE: nts ~ BeharPeteranecz ARCHITECTURE / INTERIORS 0011 29JUNE 2022 This drawit19 and the cantenls herein ore lhe r:xoperty of Behar 8. Peleranecz. Inc. and moy nat be used or rer:xaduced without written pem~ission from Behar 8. Peteranecz. Inc. C 2022 (727) 80().5300 I ARCITECTUREBP.COM I AA260017041BZ6001704 PUBLIC PLAZA FROM S OCEOLA AVE THE BLUFFS CLEARWATER, FLORIDA ARTISTIC REPRESENTATION. FOR IlLUSTRATIVE PURPOSES ONLY. I SOUTHERLY DEVELOPMENT PARCEL I SCALE: nts ~ BeharPeteranecz ARCHITECfURE / INTERIORS 0012 29JUNE 2022 ThiS drawing and /he contenls he<ein ore the properly of Behor & Peteronecz. Inc. ond may not be used or reproduced without wrillen permission from Behor & Peteronecz. InC. ~ 2022 (727) S00.5300 I ARCITEClUREBP.COM I AAl6001704 1826001704 VIEW FROM S OCEOLA AVE THE BLUFFS CLEARWATER. FLORIDA ARJISOC REPRESENTATION, FOR ILLUSTRATIVE PURPOSES ONLY. I NORTHERLY DEVELOPMENT PARCEL I SCALE: nts ~ BeharPeteranecz -ARCHITECTURE / INTERIORS 0013 29JUNE2022 Tilts drawing and the contents herein ae the property ot Behar & Petetonecz. tnc. and may not be vsed a teprodvced without written petmrssion ftom Behar & Peteronecz. Inc. C 2022 (727) 800-5300 I AACITECTUAEBP.COM I AA26001704 1926001704 VIEW FROM PARK THE BLUFFS CLEARWATER, FLORIDA ARnsnC REPRESENTATION. FOR tUUSTRAnvE PURPOSES ONLY. NORTHERLY DEVELOPMENT PARCEL I SCALE: nts ~ BeharPeteranecz ARCHITECTURE/ INTERIORS 0014 29JUNE2022 Thrs drawing ond the contents herein ore the property of Behar & Peferonecz. Inc. ond moy not be used or reproduced without written permission from Behar & Peteronecz. Inc.@ 2022 (727) 800-5300 I ARCITECTUREBP.COM I AA260017041B26001704 VIEW OF PLAZA THE BLUFFS CLEARWATER, FLORIDA ARTISTIC REPRESENTATION, FOR ILLUSTRATIVE PURPOSES ONLY, I NORTHERLY DEVELOPMENT PARCEL I SCALE: nts ~ BeharPeteranecz ARCHITECTURE / INTERIORS 0015 29JUNE2022 This drawing and the content$ herein ore the property of Behar & Peleronecz, Inc. and may not be used or reproduced without written permission from Behar & Peteronecz., Inc.@ 2022 (727) 800·5300 I ARCITECTUREBP.COM I AA260017041B26001704 VIEW FROM HOTEL THE BLUFFS CLEARWATER, FLORIDA ARnsnC REPRESENTATION, FOR IUUSTRATIVE PURPOSES ONLY. I NORTHERLY DEVELOPMENT PARCEL I SCALE: nts ~ BeharPeteranecz ARCHITEO'URE / INTERIORS 0016 29JUNE2022 This drawing and I he contents herein are the properly of Behar & Peleranecz. Inc. and may not be used or reproduced withOut written permission from Behar&. Peleronecz. Inc. C 2022 (727) 800-5300 I AACITECTUREBP.COM I AA26001704 1826001104 Exhibit "D" -Main Library Lot SUNSET COURT . 1 ,...._ REMAINDER OF LOT 4 ( 30' R/W PER PBH 7/19 & PB 4/10, 0 t-_ _ _ (NOT INCLUDED)~ VACATED PER RES 76-156 ORB 4488/1864) ~ PoonON OF I 1 ' I REMAINDER OF LOT 5 (NOT INCLUDED) ro LOT A (PB 21/74) _I S89•Q\.PSQ•E 206.79' [:j Cl. VESTED IN CITY PER ~ 1-r W a:: ORB 2253/76 &: 2284/554 I """-I ~ I I~ ~ ~ ~ • N LOT 5 (J) I (f) 0 J S ~. LOT 4, LESS W 1~' (PBH 7/19 & PB 4/10) I~ ~ <x: ~ ORIGINAL W UNE LOT 5 ,.. 1 '-£51EO IN CITY PER 5! ..-• -' u (PBH 7/19 &: PB 4/10) (PBH 7/19 & PB 4 10) ORB 2285/259, 260, &: 262 ~,...: 8 0 0 w 15' LOT 4 REPLATIED I , ooz· ~Slt:D IN CITY PER or--• w w IN PB 20/7 &: ORB 2253/76 & 2284/$54 ~ S< g 0 AGAIN IN PB 21/74 1 .... vs Na9·.30'o4·w 15.oo·, -0 ~ ________ l _lf-~UNE~ I ~ cr BOUNDARY 1'E OF .....-V ----PORTION Of LOT 5 CPB 57/ij-----/.~ ~ OF :~~~~iiJ~~ __,_ ~ N891 1'37·w 192.69';} / ........ BOUNDARY ALONG NE COR OF LOT 5 (PB 57 /1) _/ • w PROPOSED BACK SQQ.Q6'J2•w 7 09' " Of CURB &: EXlENSlON • 8'. POINT OF BEGINNING 15 fO LOT 5 (PB 57 /1) SE COR OF LOT 5 fi~ VESTED IN CITY PER (PBH 7/19 & PB 4/10) 0 ~ N v E DB 1003/499 NLD "MACSURVEY lB 7929" ~ ~ N=1,321,513.426' E=397,531.603' s SCALE 1 "=50' DESCRIPTION A portion of Lots 4 & 5 of Jeffords and Smoyer's First Addition to the Town of Clearwater, as shown on the plot recorded in Plot Book 7, page 19 of the Public Records of Hillsborough County, Florida, of which Pinellas County was formerly o port; also according to the corrected plat thereof recorded in Plat Book 4, page 10 of the Public Records of Pinellas County, Florida; AND a portion of Lot A, Sunset Court, os shown on the plot recorded in Plat Book 21 , page 74 of said Public Records of Pinellas County; AND a portion of Lot 5 of Rompon 's & Baskin's Corrected Mop of Causeway Business District, as shown on the plat recorded in Plot Book 57, page 1 of said Public Records of Pinellas County, said portions being more particularly described as follows: Beginning ot the Southeast corner of Lot 5 of said Jeffords and Smoyer's plots; thence N 89' 30' 04"W along the South line of said Lot 5, a distance of 15.00 feet to the Northeast comer of Lot 5 of said Rompon 's & Baskin 's plot; thence S 00' 06'32"W along the East line of said Lot 5 of Rompon's & Baskin's plot, a distance of 7.09 feet; thence N 89. 11'37"W, a distance of 192.69 feet; thence N 00' 43'12"E, a distance of 84.73 feet; thence S 89' 04'50"E, o distance of 206.79 feet to the East line of said Lot 5 of Jeffords and Smoyer's plot; thence S 00' 06' 32"W along the East line of said Lot 5 of Jeffords and Smoyer's plot, o distance of 77.16 feet to the Point of Beginning. Containing 17,411 square feet, or 0.39970 acres, more or less. NOTES 1. THIS IS A SKETCH TO ACCOMPANY A DESCRIPllON AS DEFINED IN CHAPTER 5J-17.052 OF THE FLORIDA ADMINISTRAllVE CODE AND IS NOT A FIELD SURVEY. 2. BEARINGS SHOWN HEREON ARE BASED ON GRID NORTH, AS REFERENCED TO THE FLORIDA STATE PLANE COORDINATE SYSTEM, WEST ZONE, AS ESTABLISHED BY THE NAllONAL OCEAN SERVICES' PROGRAM OFFICE NATIONAL GEOOEllC SURVEY AND THE WEST LINE OF OSCEOLA STREET BEING SOUTH 00'06'32• WEST. LEGEND Cf. = CENTERLINE COR = CORNER DB#/# = DEED BOOK/PAGE ORB#/# = OFFICIAL RECORDS BOOK/PAGE PB#/# = PLAT BOOK/PAGE 3. COORDINATES SHOWN HEREON ARE REFERENCED TO FLORIDA STATE PLANE COORDINATES, \I.£ST ZONE, NORTH AMERICAN DAnJM OF 1983, 2011 ADJUSTMENT AS ESTABLISHED USING THE FLORIDA DEPARTMENT OF TRANSPORTAllON'S FLORIDA PERMANENT REFERENCE NETWORK OF BASE STATIONS. THE COORDINATES ARE DISPLAYED IN US SURVEY FEET. PBH#/# = HILLSBOROUGH PLAT BOOK/PAGE 4. THIS DESCRIPTION IS BASED ON THE DIMENSlONS PROVIDED IN A BOUNDARY SURVEY TITLED "THE CITY Of CLEARWATER'S llTLE IN COACHMAN PARK" AND OTHER CITY PROPERTIES, PREPARED BY MACSURVEY, INC., ITS PROJECT 2018-023, AND HAVING A SURVEY DATE OF 11/1/2019. 5. PROPOSED INFORMATION PER STANTEC BULLETIN 1 FILE OOC-DB01 DATED 11/12/2021. R/W N= E= PREPARID FOR: City of Clearwater 1 00 S. lllyrtle Avenue Clearwater. FL 33756 ... ....;;..;-:::S~k~e;::::t;.:.ch~o~f~D~es~c~r~-:ip~t~io::-n~=-=~~ : 0.40ac Library ParkinQ Lot Parcel ~ SECTION 1 6. TOWNSHIP 29 S. RANGE 15 E. INII1ALS DATE = RIGHT-OF-WAY = NORTHING(Y) COORDINATE = EASnNG(X) COORDINATE DATE DESCRIPOOH J06 NO. CREW CHEF N/A H/A ,, George F. Young, Inc. 20004101SS llRAWII CI'N 5/31/Zl O£CKEO CI'N 5/31/22 Since 1919 FlEW Boa< N/A FlEW OAlE N/A 29t DR. IIARm LU1l£R I<IIG .II. SlmT. H. ST.~ FLORIDA 33701 PHONE (727) 822--4317 FAX (n7) B22-2ili BUSINESS ENTl1Y LB21 WW.V.CEOAGEF'r'OUNC.COII a.... .t ~llON El!ai£ERING IECOLOG'I'IGISILINDSCN'E AACHIT£CT\H: P!NfoiiNO I SUIMYING I SUBSURfACE UTilJTY £NGIN!DIINC GAICVU£ •1..41<tW000 llANO!• DRINIDO • ST. f'ETERSBIRl• TAll' A SI£ET NO. 1 OF 1 "' ~ .: X. ~ z z § ::IE 0. N ,.., .;; ~ 0 N -;;;. -;;;. ~ ..... 0. ! f ,.....,.., l 11= I PIEllMINAIY NOt r<>l . -= =I CONS!lUC!ION ~~=== === ~~ .. -;-~ Mt4'-"'"""""'""'"tl•o"1Coe> u...o...-... 41oo:..o_. ......... -~ --=-~~ ~Stantec ..,...ftrl'f.-~~--,..::._ ,.....__ .... \. ...... «l".t "")11)SiHill ---~""-.... ~ ...... __ ... 7 .... ··---· ...... --............... .. ..__ ........ _\,_ ... ,_,, .. , -·--.................. __ ~I logo Harbor VIew Site C::l Property Area 1:::1 Building Footprint J within Property line I Publicly Accessible Open Space I E:::;J Publicly Accessible Rooftop Amenity ~ -Service Access in Public Realm Area · -~ice Access Off Site Par11 1.35 acres 0.74aeres 0.48 acres 0.15 acres 0.02acres 0.09 acres 3.87 acres c:::::J On Grade Site lmprov~t.s E:SII Elevated Bluff Walk 16ft Wide, 550 LF City Hall Site t::J Property Aru 1:::1 Buidling Footprint Publicly Accessible Open Space within Property Une 2.60acres 0.92acres 1.36 acres 12:12 Private Amenity Terrace 0.32 acres ; I IllS Service Access in Public Realm Area 0.07 acres ~~------------------~ Gz ~-CIIY Of C\EAllWAIER ~ ... '" I ...._.. :.OC:<:~-~---=-..... ~ ~ no SITE-W!Ol: AREAS 't~N() --· .. o-"Q'U leal< Resolution No. 22-15 RESOLUTION NO. 22-15 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF CLEARWATER AND GOTHAM PROPERTY ACQUISITIONS, LLC AND THE DENUNZIO GROUP; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater is desirous of entering into a development agreement with Gotham Property Acquisitions, LLC and The DeNunzio Group, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The Development Agreement between the City of Clearwater and Gotham Property Acquisitions, LLC and The DeNunzio Group, a copy of which is attached as Exhibit “1”, is hereby approved. Section 2. The City Clerk is directed to record the Development Agreement with the Clerk of the Circuit Court in Pinellas County no later than fourteen (14) days after the agreement is executed. The applicant for the Development Agreement shall bear the expense of recording the agreement. Section 3. The City Clerk is directed to submit a recorded copy of the Development Agreement to the state land planning agency no later than fourteen (14) days after the Development Agreement is recorded. Section 4. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this _______ day of _____________, 2022. ____________________________ Frank V. Hibbard Mayor Approved as to form: Attest: __________________________ _____________________________ Matthew Mytych Rosemarie Call Assistant City Attorney City Clerk PLANNING & DEVELOPMENT DEPARTMENT COMMUNITY DEVELOPMENT BOARD STAFF REPORT MEETING DATE: July 19, 2022 AGENDA ITEM: F.2 CASE: DVA2022-06001 REQUEST: The Community Development Board is reviewing and making a recommendation to the City Council on a Development Agreement between the City of Clearwater and Gotham Property Acquisitions, LLC and The DeNunzio Group, LLC providing for the redevelopment of two sites on the west side of Osceola Avenue abutting Coachman Park in the Downtown Core for overnight accommodations, attached dwellings, commercial uses such as retail and food and beverage, cultural uses and event space pursuant to Community Development Code Section 4-606. GENERAL DATA: Agent ............................... Katherine E. Cole, Hill Ward Henderson Developer......................... Gotham Property Acquisitions, LLC and The DeNunzio Group, LLC Owner .............................. City of Clearwater Location........................... Northerly Development Parcel – 50 North Osceola Avenue, located on the west side of North Osceola Avenue Southerly Development Parcel – 112 South Osceola Avenue, located on the northwest corner of South Osceola Avenue and Pierce Street Access to Northerly Development Parcel – a 0.40 portion of the publicly owned parcel abutting the Northerly Development Parcel to the north Property Size ................... Northerly Development Parcel – 1.348 acres Southerly Development Parcel – 2.600 acres Future Land Use ............. Central Business District (CBD) Zoning ............................. Downtown (D) District, Downtown Core Character District Surrounding Zoning ........ Downtown (D) District Level III Development Agreement Application Planning & Development Department Revised for City Council Meeting – August 4, 2022 DVA2022-06001 – Page 2 BACKGROUND The redevelopment of the Harborview Center and City Hall sites in Downtown Clearwater has long been planned for and was first addressed in the 2004 Clearwater Downtown Redevelopment Plan. Most recently, the importance and value of these development parcels were further cemented in the Imagine Clearwater Downtown Waterfront Vision Plan (2017), which called for creating a unique and exciting waterfront park and an active edge along the bluff area adjacent to the park. Using these properties to frame the park with active uses, such as residential, hotel, dining, and cultural uses would increase activity and safety within the park and attract people to the area. An active bluff would also connect the waterfront and the heart of the Downtown Core and leverage city investments with physical connections to attract people from Downtown to the waterfront and vice versa. To further strengthen this vision City Council adopted an updated Clearwater Downtown Redevelopment Plan in 2018 which integrated key concepts of Imagine Clearwater into Plan objectives, the Downtown Core Character District provisions, and capital improvements and policy implementation projects. By December 2019, the City approved the early underground work associated with the waterfront park. Construction of the overall park site commenced in July 2021. The total $84 million public investment in Coachman Park will result in an increase in the amount of parkland and green space for public use. The new park’s amenities will include a gateway plaza at the intersection of Level III Development Agreement Application Planning & Development Department Revised for City Council Meeting – August 4, 2022 DVA2022-06001 – Page 3 Cleveland Street and Osceola Avenue, a bluff walk, a bay walk promenade overlooking the Intracoastal Waterway, a lake area with picnic shelters, an ocean-themed play area with an interactive water feature, and a 4000-seat covered bandshell. The anticipated reopening of the park is the Summer of 2023. With the preliminary site work well underway, the City and Community Redevelopment Agency (CRA) moved forward with the next phase of plan implementation by issuing a Request for Proposals to redevelop three city-owned bluff parcels in January 2021. While a development proposal was selected, negotiations between the City and developer were unsuccessful, and the project did not move forward. As the major component of park construction became more visible Council’s investment and commitment to downtown revitalization were clearly solidified. City and CRA staff believed redevelopment opportunities would be more apparent and attractive to the development community; therefore, in May 2022 the CRA issued a Call for Development Concepts (No. 28-22) for two city-owned bluff sites. That call resulted in the submission of three concept proposals and the City Council unanimously voted to begin negotiations and enter into a development agreement with Gotham Property Acquisitions, LLC and The DeNunzio Group, LLC to redevelop the two sites. DEVELOPMENT PROPOSAL This proposed Development Agreement governs the redevelopment of two key redevelopment sites located in the Downtown Core Character District of the Downtown zoning district. The Northerly Development Parcel is situated at 50 North Osceola Avenue and includes a portion of the parcel previously occupied by the Harborview Center Site. The Southerly Development Parcel, located at 112 South Osceola Avenue, is a portion of the parcel occupied by the former Clearwater City Hall. While not part of the property being sold for redevelopment, a 0.4-acre portion of the publicly owned parcel abutting the Northerly Development Parcel to the north is included as the property will provide joint access to both the surface parking lot for the Clearwater Main Library and the Northerly Development Parcel. Uses proposed for the two redevelopment sites include overnight accommodations, attached dwellings (apartments), commercial uses such as retail, food and beverage, event space, and cultural uses as described below. Level III Development Agreement Application Planning & Development Department Revised for City Council Meeting – August 4, 2022 DVA2022-06001 – Page 4 Harborview Center Site – Northerly Development Parcel The 1.348-acre portion of the former Harborview Center site (Northerly Development Parcel) will include two buildings and an underground parking garage. The north building will include a 158- unit overnight accommodations use and approximately 9,000 square feet of commercial uses at a maximum height of 157 feet (13 stories). The south building will include approximately 12,000 square feet of commercial uses at a maximum height of 53 feet. The overall project density is 124 overnight accommodation units per acre where 95 is permitted. At the time of site plan approval, a Flexible Development application will be required to request an allocation of 36 units from the Public Amenities Incentive Pool to reach this density. Such requests will be reviewed and decided by the Community Development Board. The total amount of commercial space for this parcel across the two buildings will not exceed 21,000 square feet or a site FAR of 0.36 where 4.0 is permitted. Since this project includes uses that are regulated by both density and FAR (commercial and hotel), the land area needed to support each use must be determined. Because the allowable FAR in the Downtown Core is high and the amount of proposed commercial space is relatively small compared to the parcel size, the resulting FAR is significantly less than permitted whereas more hotel units on the relatively small parcel results in a higher density. Conceptual Site Plan for the former Harborview Center Site (Source: Behar Peteranecz) Level III Development Agreement Application Planning & Development Department Revised for City Council Meeting – August 4, 2022 DVA2022-06001 – Page 5 Conceptual Landscape & Hardscape Plan for the former Harborview Center Site (Source: Stantec) While a specific hotel brand has yet to be confirmed, the project will include typical accessory uses associated with destination hotels such as conference/meeting space, rooftop pool, and other amenities. A portion of the north building frontage along North Osceola Avenue will be occupied by the hotel lobby. Commercial uses (retail and food and beverage) will occupy the remainder of the ground floor and part of the second floor and will be operated independently from the hotel. In addition to fronting on North Osceola Avenue, this ground floor area will also front on publicly accessible space that will traverse the site and connect pedestrians on North Osceola Avenue through to the Bluff Walk of Coachman Park. The south building is proposed to be located on the site across from the hotel and will house additional commercial uses such as retail, food and beverage, and event space, including a rooftop bar open to the public. The event space is conceptualized to be a flexible space so it could accommodate a variety of cultural and private events. This building will also have frontage on North Osceola Avenue as well as the Civic Gateway of Coachman Park. The transitions between this site and the surrounding Coachman Park will be seamless and the public will be able to move freely between both. To be sensitive to the site’s location on the bluff and overlooking Coachman Park, an underground parking garage is proposed that will have a minimum of 169 spaces which complies with the Code requirement of 119 spaces for the hotel and an additional 50 spaces dedicated or reserved for City residents and or other purposes determined by the City. Consistent with the Downtown District standards, no parking is required for the commercial space. To accommodate service and parking access away from the main activity area of the parcel and to minimize vehicular and pedestrian conflict points, cross parcel access between this development site and the surface parking lot for the Main Library is proposed consistent with Downtown District requirements. Level III Development Agreement Application Planning & Development Department Revised for City Council Meeting – August 4, 2022 DVA2022-06001 – Page 6 The modern urban architectural design includes connections, facades, and spaces that are articulated through a balance of glass, stucco, wood tones, and contrasting dark tones which work together to create an attractive and appealing project. A unique and inviting feature of a sloped roof covered with a lawn and terrace seating (a tilted lawn) has also been designed for the smaller commercial building and will provide views of the park and Clearwater Harbor. Conceptual Elevations, East Elevation fronting North Osceola Avenue and West Elevation fronting Coachman Park (Source: Behar Peteranecz) The overall site design is sensitive to the surrounding area. The two separate buildings work together to create a dynamic interplay between the public and private realms. Almost half an acre of the 1.348-acre site will be publicly accessible open space. Spaces with planters with integrated seating and outdoor dining areas will be located on the south side of the commercial building adjacent to the Civic Gateway of the park, as well as between the building and the hotel to the north. Public access is also provided on the north side of the hotel providing a pedestrian linkage to Coachman Park. With significant public access integrated throughout the site, an inviting public Level III Development Agreement Application Planning & Development Department Revised for City Council Meeting – August 4, 2022 DVA2022-06001 – Page 7 environment will be created for public gatherings and provide the active urban edge needed to support the park and better connect the waterfront to Cleveland Street. The site layout of the two buildings also creates view corridors through the site and maximizes views of the water; it is also sensitive to the location of existing development on the east side of North Osceola Avenue and south of Cleveland Street. In addition to the positive design aspects of the proposed project, the buildings will be designed to achieve LEED Silver certification and will use Low Impact Development (LID) stormwater management systems such as rain gardens and vegetative swales are anticipated to be used throughout the site. The garage will also have a limited number of Electric Vehicle (EV) charging stations, as well as EV-ready spaces. Conceptual Renderings of Proposed Hotel and Commercial Space, Views from North Osceola Avenue and Coachman Park (Source: Behar Peteranecz) Level III Development Agreement Application Planning & Development Department Revised for City Council Meeting – August 4, 2022 DVA2022-06001 – Page 8 City Hall Site – Southerly Development Parcel The 2.60-acre portion of the former City Hall site (Southerly Development Parcel) will include a building with a podium (base) and two towers and a concealed below-grade parking garage. The building will include a maximum of 600 apartments, as well as up to 40,000 square feet for commercial uses at a maximum building height of 289 feet (27 stories). The residential units will be in the towers and the commercial uses and shared amenity space will be located in the building podium. The project density is 253 units per acre, where 75 units per acre are permitted. At the time of site plan approval, a Flexible Development application will be required to request an allocation of 422 units from the Public Amenities Incentive Pool to reach the proposed density. Such requests will be reviewed and decided by the Community Development Board. The total amount of commercial space for this parcel will not exceed 40,000 square feet resulting in a site FAR of 0.35 where 4.0 is permitted. Since this project includes uses that are regulated by both density and FAR (commercial and residential), the land area needed to support each use must be determined to calculate the proposed density and intensity. Like the Northerly Development Site, this project requires the land area to support each use when calculating density and intensity. Conceptual Site Plan for the City Hall Site (Source: Behar Peteranecz) Level III Development Agreement Application Planning & Development Department Revised for City Council Meeting – August 4, 2022 DVA2022-06001 – Page 9 Conceptual Landscape & Hardscape Plan for the City Hall Site (Source: Stantec) To be sensitive to the site’s location on the bluff and the project’s goal of seamlessly connecting to Coachman Park, all proposed 600 parking spaces will be concealed below grade and complies with the Code requirement. No parking is required by the Downtown District for the commercial uses on the property. Access to the parking garage as well as service areas is from Pierce Street and designed not to be visible from Coachman Park. Due to the nature of the use and size of the project, a vehicular drop-off area is also proposed and accessed from Pierce Street. The site is a corner lot with frontage along South Osceola Avenue and Pierce Street. The north portion of the building is located closest to South Osceola Avenue while the southern tower area is set back to preserve two existing live oak trees and the creation of a publicly accessible plaza area that provides a buffer between the vehicular drop-off area and South Osceola Avenue. The area of the building closest to South Osceola Avenue on the north side of the property will create a landscaped retail corridor that has frontage along the street and along the northern boundary of the site inviting people into the space and ultimately into Coachman Park. This space will be used for outdoor dining and include hardscape elements and seating integrated into landscaped planters. Over one acre of this 2.60-acre site will be devoted to publicly accessible space designed to support the vision of activating this area of Osceola Avenue. Level III Development Agreement Application Planning & Development Department Revised for City Council Meeting – August 4, 2022 DVA2022-06001 – Page 10 This modern, coastal architectural design is created through the use of glass, stucco, and aluminum working together to balance reflection, transparency, and solidity. The design incorporates horizontal lines and clean materials to create the aesthetic of the tower. The building is defined by an undulating and faceted façade and the towers incorporate projected balconies, material contrast, and shifting forms. The design also provides a defined distinction between the pedestrian base and the towers above. Conceptual Elevations, East Elevation fronting South Osceola Avenue and West Elevation fronting Coachman Park (Source: Behar Peteranecz) The site and architectural design are sensitive to the surrounding area. While the building is large, the mass is mitigated by the construction of two angled towers on a podium that allows for a large view corridor through the site. The proposal’s design is sensitive to the high-rise mixed-use property to the north (Water’s Edge) and will add more residents to create a Downtown neighborhood. A significant raised amenity space with a pool is located on the park frontage side of the building as well as terraced landscaping and publicly accessible sidewalks that act as extensions of the park. The building will be constructed to achieve LEED Silver certification and includes a green roof on the podium between the two towers. According to the project narrative, the project will be designed to include Low Impact Development (LID) stormwater management systems using features such as rain gardens and/or vegetative swells throughout the site. This garage will also include a limited number of installed EV charging stations, as well as EV-ready spaces. Level III Development Agreement Application Planning & Development Department Revised for City Council Meeting – August 4, 2022 DVA2022-06001 – Page 11 Conceptual Renderings of Proposed Multifamily Apartments, Amenities and Commercial Space, Views from South Osceola Avenue and Coachman Park (Source: Behar Peteranecz) DEVELOPMENT AGREEMENT The City recognizes the economic and aesthetic benefits that can result from private development and the applicant recognizes the benefit of public improvements that directly affect the marketability of the projects and the character of the general area surrounding the project. The City desires these projects to create the needed active edge to Coachman Park and provide public access through the sites to the park and Downtown while ensuring the scale of development does not overwhelm the park. The two underground parking garages preclude views of vehicles from the park and limit building mass which were important design goals as expressed by the community. Additional key components of the project include providing a significant amount of publicly Level III Development Agreement Application Planning & Development Department Revised for City Council Meeting – August 4, 2022 DVA2022-06001 – Page 12 accessible space, a variety of uses open to the public, and the pedestrian bridge in the park. This proposed agreement between the City, Gotham Acquisitions, LLC, and The DeNunzio Group, LLC sets forth public and private obligations for a project with an estimated total value upon completion of $375,000,000. The agreement will be in effect for 30 years and includes the following main provisions. • Permits the sites to be used for attached dwellings (apartments), a hotel, commercial uses such as retail, food and beverage, cultural uses, and event space as detailed above. • Prohibits self-storage facilities, nightclubs unless located inside the hotel, and light assembly uses on the sites • Provides for a maximum hotel density of 124 hotel units per acre (158 units) and a FAR of 0.36 on the Harborview Center site • Provides for a maximum residential density of 234 units per acre (600 units and a minimum of 500 units) and a FAR of 0.35 on the City Hall site • Acknowledges the need for a license agreement to govern cross access between the Main Library parking lot (0.40 acres) and the Harborview Center site • Limits height on the former Harborview Site to 157 feet for the hotel (north building) and 53 feet for the commercial building (south building) • Limits height on the City Hall site to 289 feet • Support an allocation from the Public Amenities Incentive Pool by the Community Development Board of 36 hotel units for the Harborview Center site and 422 residential units for the City Hall site • Provides for a minimum of 169 underground parking spaces on the Harborview Site, of which 119 will be reserved for hotel use and 600 underground parking spaces on the City Hall site • Anticipates the need for the City to process a plat for the city-owned property along the waterfront and bluff • Requires all buildings to attain LEED Silver certification • Requires 10% of all parking spaces to be EV capable and 5% to be EV-installed • Establishes limitations on amplified sound • Provides for the design, construction, and cost-sharing relating to a pedestrian bridge or walkway located on public property. • Provides for an allocation of funding from the Community Redevelopment Agency (CRA) to pay all required impact fees • Provides for a financial contribution from the City to offset the costs of underground parking • Obligates the City to diligently proceed with the development review, permitting, and platting processes • Obligates the City to demolish the old City Hall site • Obligates the City to conduct a Phase I Environmental Site Assessment (ESA) for both development sites, obtain a Phase II ESA if required, and perform any needed remediation • Obligates the City to complete certain public realm improvements • Establishes conditions for closing on each site Level III Development Agreement Application Planning & Development Department Revised for City Council Meeting – August 4, 2022 DVA2022-06001 – Page 13 • Finds that the agreement is consistent with the Clearwater Comprehensive Plan, Community Development Code, and concurrency requirements Conceptual Aerial View (Rendering) of the Development Sites and Elevated Pedestrian Bridge (Source: Behar Peteranecz) CONSISTENCY WITH ADOPTED PLANS AND ORDINANCES Consistency with the Comprehensive Plan Community Development Code Section 4-606.F specifies in deciding whether a development agreement should be approved, approved with changes, approved with conditions, or disapproved, City Council shall determine whether the development agreement is consistent with and furthers the goals, policies, and objectives of the Comprehensive Plan. Below is a summary of the consistencies found. Both sites have a future land use category of Central Business District (CBD) and are zoned Downtown (D). Table A-1 of the Comprehensive Plan states that the maximum density/intensity for the CBD category is as set forth in the approved Clearwater Downtown Redevelopment Plan (Downtown Plan). The subject sites are in the Downtown Core Character District of the Downtown Plan which provides a density of 95 hotel units per acre, 75 residential units per acre, and a FAR of 4.0. The Downtown Plan also established a Public Amenities Incentive Pool to overcome the numerous constraints affecting development and to provide an opportunity for the private sector to gain additional development potential while assisting the public to achieve its redevelopment goals. The Pool currently has 2,088 residential units and 2,095,667 square feet of floor area available to be requested in conjunction with a site plan application reviewed by the Community Development Board. The request for hotel units can be made by converting Level III Development Agreement Application Planning & Development Department Revised for City Council Meeting – August 4, 2022 DVA2022-06001 – Page 14 residential units to hotel units at a ratio of 75 dwelling units per acre/95 overnight accommodations units per acre (1 hotel unit = 0.789 residential units). The Clearwater Comprehensive Plan designated the Downtown as an Activity Center on Map A- 14, the Citywide Design Structure. The hierarchy of places specifies that Downtown is a major activity center with regional significance and is characterized as high-intensity, high-density multi- use areas designated as appropriate for intensive growth and an integrated pattern of development. The proposed Development Agreement provides for development consistent with what is envisioned for the designated Downtown activity center. There are numerous goals, objectives, and policies in the Comprehensive Plan that support mixed- use, catalytic redevelopment projects of high-quality design such as those proposed. • Policy A.6.1.8: The City shall continue to support and implement approved community development area plans, such as the Clearwater Downtown Redevelopment Plan, Beach by Design and US 19 Corridor Redevelopment Plan. • Objective A.5.5: Promote high quality design standards that support Clearwater’s image and contribute to its identity. • Goal A6: The City of Clearwater shall utilize innovative and flexible planning and engineering practices, and urban design standards in order to protect historic resources, ensure neighborhood preservation, redevelop blighted areas, and encourage infill development. • Policy A.6.1.1: Redevelopment shall be encouraged, where appropriate, by providing development incentives such as density bonuses for significant lot consolidation; 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. • Objective A.6.2: The City of Clearwater shall continue to support innovative planned development and mixed land use development techniques in order to promote infill development that is consistent and compatible with the surrounding environment. • Policy A.6.2.2: Encourage land use conversions on economically underutilized parcels and corridors and promote redevelopment activities in these areas. • Policy A.6.6.1: The City supports and encourages the continued development and redevelopment of overnight accommodation uses. • Policy A.6.6.2: The City supports the adoption of higher density/intensity standards for overnight accommodation uses such that a sufficient supply shall be available within the City provided that concurrency standards are met. • Policy A.6.8.2: Encourage mixed-use development that includes a combination of compatible land uses having functional interrelationships and aesthetic features. Commercial and mixed-use buildings shall be sited to maximize pedestrian connections from the building to adjacent streets. Buildings should be sited and parking arranged to minimize the off-site impacts to residential areas. • Policy A.6.9.2: Support the construction or renovation of buildings consistent with US Green Building Council’s (USGBC) Leadership in Energy and Environmental Design Level III Development Agreement Application Planning & Development Department Revised for City Council Meeting – August 4, 2022 DVA2022-06001 – Page 15 (LEED) principles or the (FGBC) Florida Green Building Coalition’s Green Land development and building standards. The proposed Development Agreement supports the redevelopment of two identified key sites that are currently underutilized - one is vacant, and the other is occupied by a vacant building. The project will be catalytic not only due to its location on the bluff overlooking Coachman Park but also based on the mix of uses, including commercial, residential, and overnight accommodations, the density and intensity of development proposed, and the estimated value of the project once constructed. The project also reserves a significant amount of space for public access and creates a seamless experience between the private and public realms with connections to Coachman Park. Additionally, the project design supports a high level of pedestrian activity and minimizes the prominence of the car by providing below-grade parking access in unobtrusive locations that prevent vehicular and pedestrian conflicts. Lastly, the projects will achieve LEED Silver certification and will incorporate LID stormwater systems. Consistency with the Clearwater Downtown Redevelopment Plan The Clearwater Downtown Redevelopment Plan (Downtown Plan) is the official policy document governing Downtown Clearwater and as noted in the background section of this report, the City has been planning for the redevelopment of these two properties for over 15 years. The vision established by the Plan states that “Downtown Clearwater will thrive as the urban core and heart of the City, as the center of business and government, and as an attractive place to live, work, shop, and play. A revitalized Downtown will be achieved through quality urban design, the continued creation of a high-quality public realm, and a dense and livable pattern that will strengthen the overall health of the City.” The redevelopment of these two key sites on the bluff will contribute to that vision through the thoughtful and quality designs proposed, the mix of uses, the density and intensity, and the quality of publicly accessible spaces created. Guiding principles of the Downtown Plan related to urban design, environment, and art are also supported by the projects. The Downtown Core District Vision focuses on the Core being the historic urban center and heart of Clearwater and as such, it should be characterized by a variety of uses and developed with the highest intensity of use in the City. The Core is envisioned to have a dense urban pattern to facilitate a walkable network, an entertainment destination with food and beverage uses, cultural events, etc. Because people are the heart of any thriving city, a strategy for the revitalization of the Downtown Core is to attract residential uses with a variety of housing types and prices so residents are in place to support the addition of retail, restaurant, and other uses. The proposed uses of both sites align with this vision. In addition to being consistent with the Plan Vision and the Downtown Core Vision, the proposed development will implement numerous objectives and policies of the Plan. Some of the most important include: • Objective 1B: Support the relocation of Clearwater City Hall to another location within Downtown Area Plan. Allowing the former City Hall site, which is in a prime waterfront location, to be utilized for mixed-use, high-rise development with residential and Level III Development Agreement Application Planning & Development Department Revised for City Council Meeting – August 4, 2022 DVA2022-06001 – Page 16 commercial ground floor uses. The location, placement, and design of a new City Hall should reflect the building’s civic importance as a community-gathering place. • Objective 1C: Osceola Avenue should develop as an active street frontage. The pedestrian experience from Downtown to the waterfront will be active and engaging. • Objective 1F: Allow for a variety of residential densities and housing types to provide for a range of affordability and mix of incomes consistent with the Character Districts. • Objective 1G: Continue to utilize a variety of incentives to encourage the construction of new residential uses to locate in Downtown. • Objective 2B: Strengthen Cleveland Street, Osceola and Fort Harrison Avenues as local, pedestrian oriented streets. Identify other local streets to be reinvigorated with active ground floor uses. • Objective 3B: Create a civic gateway to the Downtown waterfront. Promote Osceola Avenue as the active edge to the expanded Coachman Park. • Policy 11: The CRA may consider reimbursement of impact fees and permit fees as an incentive for redevelopment projects that are consistent with this Plan. • Policy 18: The design of all projects in Downtown shall incorporate pedestrian-scale elements that create and maintain an inviting pedestrian environment. • Policy 19: The City shall maintain the Public Amenities Incentive Pool, established in 2004, that provides density and intensity increases for projects in excess of the allowable maximum development potential. The Pool is allotted based on a provision of selected public amenities. • Policy 27: Prior to the disposition of City and/or CRA-owned properties, a determination shall be made regarding the most appropriate use consistent with this Plan and may require certain uses and site design requirements. • Downtown Core Policy 1: Establish a time frame for the demolition of the Harborview Center and redevelopment of the site as a civic gateway to the Downtown waterfront. • Downtown Core Policy 2: Redevelopment of all properties west of Osceola Avenue and south of Cleveland Street must consider natural features and be integrated into the Imagine Clearwater Master Plan. The approval of this development agreement will set in motion the long-anticipated redevelopment of city-owned sites. The Call for Development Proposals outlined the City and CRA’s desired uses and key design elements to support the creation of an active edge to Coachman Park. These proposed transformative projects will activate the Downtown Core by providing a significant number of full-time residents and a steady flow of visitors to the Downtown which will put eyes on the park and knit Downtown to the waterfront. Both projects are sensitive to the natural features of the sites and will integrate seamlessly into Coachman Park. The inclusion of retail, food and beverage uses along the ground floors will also strengthen Osceola Avenue as a local pedestrian street, along with the developers’ anticipated programming of cultural and art experiences in publicly accessible areas. As the project is in the Downtown Community Redevelopment Area, the Plan also supports the use of incentives to facilitate redevelopment including the use of the Public Amenities Incentive Pool and Tax Increment Financing (TIF) revenues to offset financial barriers to development. Level III Development Agreement Application Planning & Development Department Revised for City Council Meeting – August 4, 2022 DVA2022-06001 – Page 17 Consistency with the Community Development Code The Downtown Core Character District of the Downtown zoning district is intended for high- intensity mixed-use, office, and residential development in buildings with active ground floor uses opening onto pedestrian-friendly streetscapes. The development standards established are designed to support a dense urban pattern of development with building façades aligned along public sidewalks and parking primarily located within buildings behind active uses and behind buildings. The proposed development provides for high-density residential, mixed-uses, and active ground floor uses and parking is underground. The proposed development is consistent with the intent of the Downtown Core Character District. Figures 3, 4, and 5 of the Downtown District and Development Standards establish the permitted density and intensity of the Downtown Core as follows: Maximum FAR 4.0; Maximum Residential Density – 75 units per acre; and Maximum Hotel Density - 95 units per acre. Section C-301.A.2 allows for those maximums to be exceeded through the allocation of the Public Amenities Incentive Pool established in the Downtown Redevelopment Plan. The Plan entrusts this authority to the Community Development Board through the site plan review process and requires the inclusion of one or more of the eligible amenities listed or fees in lieu of certain improvements that provide a direct benefit to Downtown revitalization. At the time of site plan approval, a Flexible Development application requesting the allocation of 36 hotel units and 422 residential units will be required and decided upon by the Community Development Board consistent with the Code and Downtown Plan. The maximum height of the Downtown Core Character District is unlimited pursuant to Figure 8 of the Downtown District. While the height for each site is required to be included in the Development Agreement, height is not a consideration of the Downtown zoning district The proposed uses for the subject properties include overnight accommodations, attached dwellings, commercial uses such as retail, food and beverage, cultural uses, and event space which are consistent with the uses allowed in Table 1 Use & Off-Street Parking. A total of 119 parking spaces will be provided for the hotel on the Harborview site to comply with the required 0.75 spaces per unit and an additional 50 spaces will be provided for public use. A total of 600 parking spaces will be provided for the attached dwellings on the City Hall site where 600 are required (1 space per unit). No parking is required by the Code for the proposed commercial uses. The proposed uses and number of parking spaces are consistent with Table 1 of the Downtown District. Development within the Downtown District is further regulated by street types, as depicted in Figure 2 Regulating Plan – Street Types and Key Corners and frontage types established by Table 3 Frontages and Street Types. The Harborview site is designated as Street Type A and must comply with Storefront 1 frontage standards. City Hall is a corner lot and is designated as Street Type B on South Osceola Avenue and Street Type C on Pierce Street. Storefront 1 frontage is also consistent with both street types. The Storefront 1 frontage type requires certain design treatments such as limited setbacks, large transparent windows, and no front parking to improve the pedestrian experience. The District also has site design standards that address access, circulation, and parking location, and building design standards that focus on complementary design requirements, façade articulation, and material requirements. A review of the conceptual site plans and elevations Level III Development Agreement Application Planning & Development Department Revised for City Council Meeting – August 4, 2022 DVA2022-06001 – Page 18 indicates the projects are generally consistent with the applicable Downtown District and Design Standards, including areas of permitted flexibility specified in Section C-803. SUMMARY AND RECOMMENDATION The Development Review Committee reviewed the application and supporting materials on July 7, 2022. The Planning and Development Department recommends APPROVAL, and recommendation to the City Council, of a Development Agreement between Gotham Properties Acquisitions, LLC and The DeNunzio Group, LLC, and the City of Clearwater for the sites located at 50 North Osceola Avenue and 112 South Osceola Avenue based on the following: 1. The proposed Development Agreement complies with the standards and criteria of Community Development Code Section 4-606. 2. The proposed Development Agreement is consistent with and furthers the goals, policies, and objectives of the Clearwater Comprehensive Plan. 3. The proposed Development Agreement is consistent with the Clearwater Downtown Redevelopment Plan. 4. The conceptual development proposal contained within the Development Agreement is generally consistent with the provisions of the Community Development Code. Prepared by Planning and Development Department Staff: ______________________________ Gina L. Clayton, Planning and Development Director ATTACHMENTS: Resolution No. 22-15 & Exhibits (include Development Agreement) Application |1CITY OF CLEARWATER DVA2022-06011 50 North Osceola Avenue & 112 South Osceola Avenue 100 S. Myrtle Ave. | Clearwater, FL 33756 www.myclearwater.com |2CITY OF CLEARWATERLocation |3CITY OF CLEARWATER |4CITY OF CLEARWATER •1.348 Acres -2 Proposed Buildings & Underground Parking •North Building •158-Unit Hotel With Typical Amenities •9,000 +/-SF Commercial Uses •157’ In Height (13 Stories) •South Building •12,000 SF Commercial •53’ In Height (2 Stories) HARBORVIEW SITE PROPOSAL |5CITY OF CLEARWATER •169 Space Underground Parking Garage •119 Spaces Required •50 Spaces Reserved & Allocated To City •Site Density –124 UPA (95 UPA Allowed) •Site Intensity –FAR 0.36 (4.0 Allowed) •36 Unit Request From Public Amenities Incentive Pool HARBORVIEW SITE PROPOSAL |6CITY OF CLEARWATER N North Osceola Ave. Civic Gateway Bluff Walk Library |7CITY OF CLEARWATER Plan North Osceola Ave. N Civic GatewayCleveland St.Library |8CITY OF CLEARWATER Plan |9CITY OF CLEARWATER CITY HALL SITE PROPOSAL •2.6 Acres –1 Proposed Building With Podium & Two Towers •500 –600 Attached Residential Units (Apts.) 40,000 SF Commercial Uses (Retail, Food & Beverage, Cultural) •289’ In Height (27 Stories) •Site Density –253 UPA (95 UPA Allowed) •Site Intensity –FAR 0.35 (4.0 Allowed) •422 Unit Request From Public Amenities Incentive Pool •500 –600 Space Parking Garage (Size Depending On Units Constructed -1:1 Ratio) |10CITY OF CLEARWATERSouth Osceola Ave.Pierce St. Coachman Park Water’s Edge |11CITY OF CLEARWATER Plan S. Osceola Ave. Water’s EdgePierce St. |12CITY OF CLEARWATER |13CITY OF CLEARWATER |14CITY OF CLEARWATER KEY DEVELOPMENT AGREEMENT PROVISIONS •Prohibits Self-Storage Facilities, Light Assembly Uses & Nightclubs Unless In Hotel •Limits Use Of Amplified Music •Requires Publicly Accessible Ingress/Egress Areas To Be Dedicated To The General Public •Provides For City Contribution To Offset Costs Of Providing Underground Parking •Requires Buildings To Attain LEED Silver Certification |15CITY OF CLEARWATER •Requires 10% Of All Parking Spaces To Be EV Capable & 5% To Be EV-Installed •Requires City To Demolish City Hall & Perform Any Needed Environmental Remediation •Provides For The Design, Construction & Cost-Sharing Relating To Pedestrian Bridge Or Walkway In Coachman Park •Establishes Conditions For Closing On Each Site KEY DEVELOPMENT AGREEMENT PROVISIONS |16CITY OF CLEARWATER QUESTIONS? THE BLUFFS Downtown Clearwater Waterfront Development Opportunity July 21, 2022 City Hall Site 600 apartments 1:1 parking (600) Underground parking garage Retail and tenant spaces creating ground floor activity Public square at intersection of Pierce and Osceola Harborview Site 158 Overnight Accommodation Rooms .75:1 Parking (119) 50 public parking spaces in City's control Convention/Meeting Spaces Two-story commercial uses along Park's entry at Cleveland Street DEVELOPMENT AGREEMENT | DVA 2022-06011 –THE BLUFFS URBAN EDGE & PARK SETTING SUSTAINABILITY LEED SILVER 5% ELECTRIC VEHICLE PARKING WITH CHARGER STATIONS AND 10% EV READY FOR FUTURE INSTALLATION BIKE RACKS FOR 15% OF RESIDENTS, 5% OF FULLTIME EMPLOYEES, AND 2.5% OF PEAK VISITORS Sections 9.02 and 9.03 Focus mobility approach on the user experience and emphasize walkability, ease of access & compatibility with existing & future development District synergy will focus on the pedestrian first and safe walking & slow driving Resulting benefits to be enumerated: Internal capture—people will walk not drive between uses, reducing traffic Parking once—a single space can serve a chain of trips (drink, show, dessert), reducing parking demand Shared parking—combining internal capture and park once to reduce supply & its impact on walkability— a virtuous circle, ideal for the district’s future Expected results: Overall trip-making & parking demand will begin low and decline over time 1:1 Parking Ratio Is Being Applied In Downtown Tampa Redevelopment (Water Street) Key Synergies: Amphitheater as nucleus of walkable district and reliant on shared parking & slower streets Smart parking management, using apps to make access easy and intercept drivers early; convert them to pedestrians Process: We will perform a traditional Parking Study and Traffic Analysis as part of the FLD process, but will design the sites to best fit the future downtown PARKING | TRAFFIC | INFRASTRUCTURE •Authorizes the development of the Properties by the Developers •Recites the necessity for a separate Purchase and Sale Agreement and confirms the purchase price of $15,400,000 for City Hall and $9,300,000 for Harborview Center (tt) •Limits transfers and assignments to Qualified Transferees (uu) •Allows construction of one Project to proceed even if there is a default regarding the other to ensure that anticipated development continues (sec. 9.13) •Provides City funding in the amount of $22 million from the City's parking fund to support the design and construction of subterranean garages on the Property (sec. 10.10) •Limits amplified sound (sec. 4.03) •Construction Activity is consistent with the City Code but allows for the City Manager to give notice in the event of a conflict with Coachman Park activities (sec. 9.10) DEVELOPMENT AGREEMENT PROVISIONS •Sets floor for number of units constructed at City Hall Site to ensure intensity of development and allows for the termination of the Agreement in the event Developer submits plans for less units (sec. 4.04) •Defines force majeure and governmental delays (y) (bb) •Provides for a maximum height, density, intensity, uses and parking for both projects (Art. IV) •Professional Management and availability to rent to general public (sec. 4.06 and 4.07) DEVELOPMENT AGREEMENT PROVISIONS PROPOSED HEIGHT:289’ (AS PROPOSED) WATERS EDGE APPROVED HEIGHT:293’ (AS APPROVED) CITY HALL SITE HEIGHT Limits Change in Control (sec. 9.07, 9.08) No conveyance of Property or Interest in the Property until after Substantial Completion Requires the Key Principals (Picket, DeNunzio) to maintain control and management After Substantial Completion, a transfer of Property could occur but only to a Qualified Transferee Assignment of Development Agreement (sec. 9.09) Pursuant to Fla. Stat. 163.3229, a Development Agreement runs with the land Any assignment otherwise is void ab initio TRANSFER OF PROPERTY CLOSING PARAMETERS City Obligations Demolition of City Hall Site (sec. 10.07) Environmental Remediation of Both Harborview and City Hall Sites (sec. 10.08) Prepare Sites for Construction with sufficient City utility connections (sec. 5.03) Allocation and Payment of impact fees and connection fees (9.06) Allocation of resources for Public Realm Improvements necessary to maintain park connectivity (sec. 10.09) Payment of Parking Contribution at Closing (sec. 7.01 and sec. 7.02) Harborview Access (sec. 4.14) Developer Obligations Site Plan approval for Harborview Site and City Hall Site (sec. 7.04) CDB allocates Public Amenities Incentive CDB approves FLD Submittal of Construction Drawings for Building Permit (sec. 7.04) Obtain Building Permit (sec. 7.04) Close by December 31, 2024 (sec. 7.01, sec.7.02) Pay up to $2M for Pedestrian Bridge in Coachman Park; or other pedestrian connections between North Bluff and South Bluff (sec. 9.05) Creates timelines for the permitting of the Projects and Closing on the Property (no later than December 31,2024) SCHEDULE City Parking Contribution from the Parking Fund Code minimum parking provided on each site PLUS the additional 50 public spaces at Harborview Goal of minimum of 769 spaces constructed across the two sites In the event fewer than 769 spaces are constructed, pro rata return of Parking Contribution Total parking includes any valet parking spaces (I.e. stacked spaces) PARKING COMMITMENTS (sec.4.12) •MINIMIZE TOPOGRAPHICAL DISRUPTION •INTEGRATE FINAL GRADES WITH IMAGINE CLEARWATER PARK DESIGN •ACHIEVE UNIFORM ADA ACCESSIBILITY •PRESERVE EXISTING TREES •BLEND NEW AND EXISTING LANDSCAPE/HARDSCAPE TO CREATE A SMOOTH, SEAMLESS TRANSITION PUBLIC REALM IMPROVEMENTS (EXHIBIT E) •Ensures consistency and cooperation between the City and Developers to connect the public spaces to the private areas (Public Realm Improvements) •Cooperation and planning regarding the Downtown Marina •Cooperation regarding potential tour funding for visitor activities •Cooperation with the City, Developer services of waterborne transportation COMMITMENT TO PARK ACTIVITY (ARTICLE X) THE BLUFFS Downtown Clearwater Waterfront Development Opportunity July 21, 2022 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9575-22 2nd rdg Agenda Date: 8/4/2022 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 9.1 SUBJECT/RECOMMENDATION: Adopt Ordinance 9575-22 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to change the land use designation for certain real property whose post office address is 905 S. Highland Avenue, Clearwater, FL 33756, from Residential/Office General (R/OG) to Institutional (I). SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 8/3/2022 Ordinance No. 9575-22 ORDINANCE NO. 9575-22 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE LAND USE DESIGNATION FOR CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF SOUTH HIGHLAND AVENUE APPROXIMATELY 450 FEET SOUTH OF DRUID ROAD, WHOSE POST OFFICE ADDRESS IS 905 SOUTH HIGHLAND AVENUE, CLEARWATER, FLORIDA 33756, FROM RESIDENTIAL/OFFICE GENERAL (R/OG), TO INSTITUTIONAL (I); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the Future Land Use Element of the Comprehensive Plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The Future Land Use Element of the Comprehensive Plan of the City of Clearwater is amended by designating the land use category for the hereinafter described properties, as follows: Properties Land Use Category See attached Exhibit “A” for legal description; From: Residential/Office General (R/OG) To: Institutional (I) (LUP2022-03003) The map attached as Exhibit “B” is hereby incorporated by reference. Section 2. The City Council does hereby certify that this ordinance is consistent with the City’s Comprehensive Plan. Section 3. This ordinance shall take effect contingent upon approval of the County land use designation by the Pinellas County Board of Commissioners, where applicable, and thirty-one (31) days post-adoption. If this ordinance is appealed within thirty (30) days after adoption, then this ordinance will take effect only after approval of the County 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 Ordinance No. 9575-22 application to amend the 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 LUP2022-03003 & REZ2022-03003, 905 S Highland Avenue, 14-29-15-00000-340-0200 A parcel of land lying in the SE ¼ of the SW ¼ of Section 14, Township 29 South, Range 15 East, Pinellas County, Florida and being more particularly described as follows: Commence at the SW Corner of the SE ¼ of the SW ¼ of said Section 14, Township 29 South, Range 15 East; thence run N. 00 deg. 03 min. 29 sec. W., a distance of 772.88 feet to a POINT OF BEGINNING; thence N. 00 deg. 03 min. 29 sec. W. for a distance of 228.42 feet; thence S. 89 deg. 03 min. 55 sec. E. for a distance of 406.0 feet; thence S. 00 deg. 03 min. 29 sec. E. for a distance of 228.4 7 feet; thence N. 89 deg. 03 min. 22 sec. W. for a distance of 406.0 feet to the POINT OF BEGINNING, LESS the West 50.0 feet thereof for HIGHLAND AVENUE right-of-way. Exhibit “B" FUTURE LAND USE MAP Owner(s): YMCA OF THE SUNCOAST INC Case: LUP2022-03003 REZ2022-03003 Site: 905 S Highland Avenue Property Size(Acres): 1.86 Land Use Zoning PIN: 14-29-15-00000-340-0200 From: Residential/Office General (R/OG) Office (O) To: Institutional (I) Institutional (I) Atlas Page: 297A PLANNING & DEVELOPMENT DEPARTMENT COMMUNITY DEVELOPMENT BOARD STAFF REPORT MEETING DATE: June 21, 2022 AGENDA ITEM: F.3. CASE: LUP2022-03003 REQUEST: To amend the Future Land Use Map designation from Residential/Office General (R/OG) to Institutional (I) GENERAL DATA: Owner.............................. YMCA of the Suncoast Inc. Representative................. Brian J. Aungst Location .......................... 905 S Highland Avenue, located on the east side of S Highland Avenue approximately 450 feet south of Druid Road Property Size ................... 1.86 acres Background: This case involves a 1.86-acre vacant property located on the east side of S Highland Avenue approximately 450 feet south of Druid Road. The parcel, owned by YMCA of the Suncoast Inc., is currently vacant; however, the property was previously occupied by a nursing home that was demolished in 2006. YMCA of the Suncoast would like the option to construct a new smaller facility to replace their current one on the parcel directly to the south, which has been sold to the Learning Independence for Tomorrow (LIFT) School. This amendment would allow the applicant to develop the property with a facility built for delivery of social/public services and/or educational services, although no plans have been submitted at this time. The request is to change the Future Land Use Map designation of the property from Residential/Office General (R/OG) to Institutional (I). A request to rezone the property from the Office (O) District to the Institutional (I) District is being processed concurrently with this case (see REZ2022-03003). An amendment to the Countywide Plan Map will also be required to bring consistency between the City’s Future Land Use Map and the Countywide Plan Map. The applicant understands all necessary approvals and permits must be obtained before development of the subject site occurs. Community Development Board – June 21, 2022 LUP2022-03003 - Page 2 of 9 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Vicinity Characteristics: Maps 1 and 2 show the general location of the property and an aerial view of the amendment area and its surroundings. Map 1 Map 2 Map 3 shows the existing surrounding uses. The property to the north and wrapping around to the east of the subject property is owned by the Salvation Army and includes the Social Services Department and a family medical practice. The property to the south is the current YMCA of the Suncoast location that has been sold and will be transitioning to the LIFT School. Across S Highland Avenue to the west there is residential use which includes detached dwellings. Further north along S Highland Avenue and across Druid Road additional residential uses are present. Map 3 Community Development Board – June 21, 2022 LUP2022-03003 - Page 3 of 9 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION As shown on Map 4, the abutting future land use designation to the north, south, and east is Institutional (I). Residential Urban (RU) exists across S Highland Avenue to the west and to the north along S Highland Ave and across Druid Road. Map 4 A comparison between the uses, densities and intensities allowed by the existing and proposed Future Land Use Map designations appears in Table 1, along with the consistent zoning districts. Table 1. Uses, Densities and Intensities Allowed by Existing and Proposed Future Land Use Designations Existing FLUM Designation Residential/Office General (R/OG) Proposed FLUM Designation Institutional (I) Primary Uses: Medium Density Residential; Residential Equivalent; Office Public/Private Schools; Churches; Public Offices; Hospitals; Residential Equivalent Maximum Density: 15 Dwelling Units Per Acre 12.5 Dwelling Units Per Acre Maximum Intensity: FAR 0.50; ISR 0.75 FAR 0.65; ISR 0.85 Consistent Zoning Districts: Medium Density Residential (MDR); Office (O) Institutional (I) Community Development Board – June 21, 2022 LUP2022-03003 - Page 4 of 9 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION REVIEW CRITERIA: Consistency with the Clearwater Comprehensive Plan [Sections 4-603.F.1 and 4-603.F.2] Recommended Findings of Fact: Applicable goals, objective and policies of the Clearwater Comprehensive Plan which support the proposed amendment include: Goal A.2 A sufficient variety and amount of future land use categories shall be provided to accommodate public demand and promote infill development. Objective A.2.2 Future Land Use in the City of Clearwater shall be guided by the City’s Future Land Use Map, which shall be consistent with the Countywide Plan for Pinellas County (The Countywide Plan) including the Countywide Plan Map and shall be implemented through the City’s Community Development Code. Goal A.4 The City shall work toward a land use pattern that can be supported by the available community and public facilities that would be required to serve the development. Policy A.5.5.1 Development shall be designed to maintain and support the existing or envisioned character of the neighborhood. Policy B.1.4.1 The City will continue to review potential trips generated by requests for amendment to the Future Land Use Map. Policy B.1.5.1 The City shall continue to review trips generated by land development projects through the Mobility Management System. The proposed Institutional (I) future land use designation is compatible with the surrounding institutional and single-family residential uses. The zoning districts consistent with the current Residential/Office General (R/OG) designation do not permit social and community center uses, which is the classification of the YMCA. As a result, a concurrent application for amendment to the Zoning Atlas is also being processed to change the zoning designation of the property from Office (O) to Institutional (I) to allow social and community center uses (REZ2022-03003). Overall, the intensity of development allowed will be greater than what is permitted by the current Residential/Office General (R/OG) future land use designation and will be equal or similar to adjacent parcels to the north and south. Although there is potential for increased traffic generation with a change to Institutional use, S Highland Avenue has the capacity to support this increase. The expansion of institutional use does not directly abut residential uses, therefore concerns regarding character of the neighborhood and compatibility do not arise with this application. In addition, the proposal does not degrade the level of service for public facilities below the adopted standards (a detailed public facilities analysis follows in this report). Recommended Conclusion of Law: The request does not conflict with the goals, objectives and policies of the Clearwater Comprehensive Plan and furthers said plan as indicated above. Community Development Board – June 21, 2022 LUP2022-03003 - Page 5 of 9 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Consistency with the Countywide Rules Recommended Findings of Fact: The underlying Countywide Plan Map category on the proposed amendment area is Office (O). The proposed amendment area is bounded by Public/Semi-Public (P/SP) to the north, south, and east, and Residential Low Medium (RLM) to the west across S Highland Avenue. The proposed City of Clearwater future land use designation of Institutional (I) will necessitate an amendment from the Office (O) category to Public/Semi-Public (P/SP) category to maintain consistency between the City’s Future Land Use Map and the Countywide Plan Map. Section 2.3.3.11 of the Countywide Rules states that the Public/Semi-Public (P/SP) category is intended to recognize institutional, and transportation/utility uses that serve the community or region, especially larger facilities having acreage exceeding the thresholds established in other plan categories, which are consistent with the need, character, and scale of such uses relative to the surrounding uses, transportation facilities, and natural resource features, and may include residential as part of the mix of uses. The proposed use, as indicated by the applicant, will potentially be a facility built for the delivery of social/public services and/or educational services, which is an appropriate use within the area and consistent with the existing and surrounding Countywide Plan Map categories. Expansion of institutional use would be consistent with the character and scale of such a use relative to the uses surrounding the subject site and transportation facilities available to serve the site (S Highland Ave). Recommended Conclusion of Law: The proposed Future Land Use Map Amendment will require an amendment to the Countywide Plan Map category from Office (O) to Public/Semi Public (P/SP). The proposed Future Land Use Map Amendment is consistent with the purpose of the proposed category in the Countywide Rule. Compatibility with Surrounding Properties/Character of the City & Neighborhood [Section 4-603.F.3 and Section 4-603.F.6] Recommended Findings of Fact: Existing surrounding uses consists of detached dwellings to the west across S Highland Avenue, and further north along S Highland Avenue and across Druid Road. The property to the north and wrapping around to the east of the subject property is owned by the Salvation Army and includes the Social Services Department and a family medical practice. To the south is the current YMCA of the Suncoast location but has been sold and will be transitioning to the LIFT School. Recommended Conclusions of Law: The proposed expansion of the Institutional (I) future land use category would allow development that is in character with the Future Land Use Map designations in the area. Further, the proposal is compatible with surrounding uses and consistent with the character of the surrounding properties and neighborhood. Community Development Board – June 21, 2022 LUP2022-03003 - Page 6 of 9 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Sufficiency of Public Facilities [Section 4-603.F. 4] Recommended Findings of Fact: To assess the sufficiency of public facilities needed to support potential development on the proposed amendment area, the maximum development potential of the property under the existing and proposed City Future Land Use Map designations were analyzed. Table 2. Development Potential for Existing & Proposed FLUM Designations Existing FLUM Designation “R/OG” Proposed FLUM Designation “I” Net Change Site Area 1.86 AC (81,021 SF) 1.86 AC (81,021 SF) Maximum Development Potential 0 DUs / 83 Beds1 40,510 SF 0.50 FAR 0 DUs / 69 Beds2 52,664 SF 0.65 FAR 0 DUs / -14 Beds +12,154 SF +0.15 FAR Notes: 1. Residential uses are not permitted through the consistent Office (O) District; however, residential equivalent uses are permitted (3 beds per unit per acre). 2. Residential uses are not permitted through the consistent Institutional (I) District; however, residential equivalent uses are permitted (3 beds per unit per acre). Abbreviations: FLUM – Future Land Use Map DUs – Dwelling Units AC – Acres FAR – Floor Area Ratio SF – Square feet As shown in the table, there is an increase in maximum development potential of over 12,000 square feet. The following analysis compares the maximum potential development of the proposed Institutional (I) future land use developed with a 52,664 square foot non-residential use to the maximum development potential of the existing Residential/Office General (R/OG) future land use category developed with 40,510 square feet of non-residential use. Potable Water The change in development potential from this amendment would result in a decrease in potable water use of up to 1,763.6 gallons per day. This decrease is determined by taking the potential potable water utilization of the proposed land use developed with the maximum square footage allowed (5,266.4 gallons per day) and subtracting it from the potential usage of an office use built out at the maximum square footage permitted by the current land use designation (7,030 gallons per day). The City’s current potable water demand is 10.64 million gallons per day (MGD). The City’s adopted level of service (LOS) standard for potable water service is 120 gallons per day per capita, while the actual usage is estimated at 72 gallons per day per capita (2020 Annual Water Report). The City’s 10-year Water Supply Facilities Work Plan (2016-2026 Planning Period), completed October 2017, indicates that based on the updated water demand projections and other factors, the City has adequate water supply and potable water capacity for the 10-year planning horizon. Community Development Board – June 21, 2022 LUP2022-03003 - Page 7 of 9 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Wastewater The change in development potential from this amendment would result in a decrease in wastewater use of up to 2,114 gallons per day. This decrease is determined by taking the potential wastewater utilization of the proposed land use developed with the maximum square footage allowed (4,213 gallons per day) and subtracting it from the potential usage of an office use built out at the maximum square footage permitted by the current land use designation (6,327 gallons per day). The subject property is served by the Marshall Street Water Reclamation Facility, which presently has excess permitted capacity estimated to be 4.82 million gallons per day. Therefore, there is excess sanitary sewer capacity to serve the amendment area. Solid Waste The change in development potential from this amendment would result in an increase in solid waste generated of up to 73.8 tons per year. This increase is determined by taking the utilization of the proposed land use developed with the maximum square footage allowed (142.2 tons per year) and subtracting it from the potential utilization of an office use built out at the maximum square footage permitted by the current land use designation (68.4 tons per year). Pinellas County handles all solid waste disposal at the Pinellas County Waste-to-Energy Plant and the Bridgeway Acres Sanitary Landfill which has significant capacity. Additionally, the city provides a full- service citywide recycling program which diverts waste from the landfill, helping to extend the lifespan of Bridgeway Acres. There is excess solid waste capacity to serve the amendment area. Parkland Under both the existing and proposed future land use, the LOS citywide will continue to exceed the adopted LOS of 4 acres per 1,000 residents. The city is currently providing 7.95 acres of parkland per 1,000 residents. The proposed future land use amendment will not impact the City’s adopted LOS for parkland acreage. Based on this impact analysis, the current provision of 7.95 acres of parkland per 1,000 would remain unchanged [Source: Parks and Recreation Facilities Impact Fee Study, prepared by Benesch (formerly Tindale Oliver) May 23, 2022] Amending a property’s future land use or zoning designation does not have an immediate impact on the City’s Parks and Recreation system and parkland requirements. Impacts are felt when development occurs. This Future Land Use Map Amendment will have no additional impact on parkland. Stormwater Site plan approval will be required before the property can be developed. At that time, the stormwater management system for the site will be required to meet all City and Southwest Florida Water Management District (SWFWMD) stormwater management criteria. Community Development Board – June 21, 2022 LUP2022-03003 - Page 8 of 9 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Streets The subject property is located on the east side of S Highland Avenue approximately 450 feet south of Druid Road. To evaluate potential impacts on streets, the typical traffic impacts figure (trips per day per acre) in the Countywide Rules for the corresponding Countywide Plan Map categories (current and proposed) are compared. The current number of trips per day (165 trips) is calculated based on the per acre impact for the Office (O) category of 89 trips/day/acre. The proposed Countywide Plan Map category of Institutional (I) category has an impact of 192 trips/day/acre (357 trips); therefore, the proposed amendment could result in an increase of up to 192 trips per day. S Highland Avenue is a paved, two-lane divided road with sidewalks available on both sides of the roadway in the vicinity of the subject parcel. Although there is potential for an increase in the number of trips that could be generated from the proposed amendment, S Highland Avenue has the capacity available to serve these additional trips. Recommended Conclusions of Law: Based upon the findings of fact, the proposed change would decrease the demand on several public facilities including potable water, wastewater, parkland, and stormwater management; but would potentially see an increase in solid waste and traffic generation. However, this will not result in the degradation of the current levels of service for solid waste and streets. Impact on Natural Resources [Section 4-603.F.5] Recommended Finding of Fact: No wetlands appear to be located on the subject property. The City’s codes require that development is compliant with the City’s tree preservation, landscaping, and stormwater management requirements. Recommended Conclusion of Law: Based on the findings of fact, it is determined that the proposed Future Land Use Map Amendment will not negatively impact natural resources on the subject property. Community Development Board – June 21, 2022 LUP2022-03003 - Page 9 of 9 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION SUMMARY AND RECOMMENDATION: No amendment to the Comprehensive Plan or Future Land Use Map shall be recommended for approval or receive a final action of support unless it complies with the standards contained in Section 4-603.F, Community Development Code. Table 3 below depicts the consistency of the proposed amendment with the standards under to Section 4-603.F: Table 3. Consistency with Community Development Code Standards for Review CDC Section 4-603 Standard Consistent Inconsistent F.1 The amendment will further implementation of the Comprehensive Plan consistent with the goals, policies and objectives contained in the Plan. X F.2 The amendment is not inconsistent with other provisions of the Comprehensive Plan. X F.3 The available uses, if applicable, to which the properties may be put are appropriate to the properties in question and compatible with existing and planned uses in the area. X F.4 Sufficient public facilities are available to serve the properties. X F.5 The amendment will not adversely affect the natural environment. X F.6 The amendment will not adversely impact the use of properties in the immediate area. X Based on the foregoing, the Planning and Development Department recommends the following action: Recommend APPROVAL of the Future Land Use Map Amendment from Residential/Office General (R/OG) to Institutional (I). Prepared by Planning and Development Department Staff: ________ Dylan Prins Planner ATTACHMENTS: Ordinance No. 9575-22 Resume Photographs of Site and Vicinity AERIAL PHOTOGRAPH Owner(s): YMCA OF THE SUNCOAST INC Case: LUP2022-03003 REZ2022-03003 Site: 905 S Highland Avenue Property Size(Acres): 1.86 Land Use Zoning PIN: 14-29-15-00000-340-0200 From: Residential/Office General (R/OG) Office (O) To: Institutional (I) Institutional (I) Atlas Page: 297A LOCATION MAP Owner(s): YMCA OF THE SUNCOAST INC Case: LUP2022-03003 REZ2022-03003 Site: 905 S Highland Avenue Property Size(Acres): 1.86 Land Use Zoning PIN: 14-29-15-00000-340-0200 From: Residential/Office General (R/OG) Office (O) To: Institutional (I) Institutional (I) Atlas Page: 297A EXISTING SURROUNDING USES MAP Owner(s): YMCA OF THE SUNCOAST INC Case: LUP2022-03003 REZ2022-03003 Site: 905 S Highland Avenue Property Size(Acres): 1.86 Land Use Zoning PIN: 14-29-15-00000-340-0200 From: Residential/Office General (R/OG) Office (O) To: Institutional (I) Institutional (I) Atlas Page: 297A Detached Dwellings Institutional Community Center Detached Dwellings FUTURE LAND USE MAP Owner(s): YMCA OF THE SUNCOAST INC Case: LUP2022-03003 REZ2022-03003 Site: 905 S Highland Avenue Property Size(Acres): 1.86 Land Use Zoning PIN: 14-29-15-00000-340-0200 From: Residential/Office General (R/OG) Office (O) To: Institutional (I) Institutional (I) Atlas Page: 297A LUP/REZ2022-03003 City of Clearwater 905 S Highland Avenue View looking east at subject property on S Highland Ave North of the subject property South of the subject property Across the street, to the west of the subject property View looking southerly along S Highland Ave View looking northerly along S Highland Ave Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9576-22 2nd rdg Agenda Date: 8/4/2022 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 9.2 SUBJECT/RECOMMENDATION: Adopt Ordinance 9576-22 on second reading, amending the Zoning Atlas of the city by rezoning certain real property whose post office address is 905 S. Highland Avenue, Clearwater, FL 33756, from Office (O) to Institutional (I). SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 8/3/2022 Ordinance No. 9576-22 ORDINANCE NO. 9576-22 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY REZONING CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF SOUTH HIGHLAND AVENUE APPROXIMATELY 450 FEET SOUTH OF DRUID ROAD, WHOSE POST OFFICE ADDRESS IS 905 SOUTH HIGHLAND AVENUE, CLEARWATER, FLORIDA 33756, FROM OFFICE (O) TO INSTITUTIONAL (I); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in the City of Clearwater, Florida, is hereby rezoned as indicated, and the Zoning Atlas of the City is amended, as follows: The map attached as Exhibit “B” is hereby incorporated by reference. Section 2. The City Engineer is directed to revise the Zoning Atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect contingent upon and at such time that Ordinance 9575-22 becomes effective. Property Zoning District See attached Exhibit “A” for legal description; From: Office (O) To: Institutional (I) (REZ2022-03003) Ordinance No. 9576-22 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 LUP2022-03003 & REZ2022-03003, 905 S Highland Avenue, 14-29-15-00000-340-0200 A parcel of land lying in the SE ¼ of the SW ¼ of Section 14, Township 29 South, Range 15 East, Pinellas County, Florida and being more particularly described as follows: Commence at the SW Corner of the SE ¼ of the SW ¼ of said Section 14, Township 29 South, Range 15 East; thence run N. 00 deg. 03 min. 29 sec. W., a distance of 772.88 feet to a POINT OF BEGINNING; thence N. 00 deg. 03 min. 29 sec. W. for a distance of 228.42 feet; thence S. 89 deg. 03 min. 55 sec. E. for a distance of 406.0 feet; thence S. 00 deg. 03 min. 29 sec. E. for a distance of 228.4 7 feet; thence N. 89 deg. 03 min. 22 sec. W. for a distance of 406.0 feet to the POINT OF BEGINNING, LESS the West 50.0 feet thereof for HIGHLAND AVENUE right-of-way. Exhibit “B” PROPOSED ZONING MAP Owner(s): YMCA OF THE SUNCOAST INC Case: LUP2022-03003 REZ2022-03003 Site: 905 S Highland Avenue Property Size(Acres): 1.86 Land Use Zoning PIN: 14-29-15-00000-340-0200 From: Residential/Office General (R/OG) Office (O) To: Institutional (I) Institutional (I) Atlas Page: 297A PLANNING & DEVELOPMENT DEPARTMENT COMMUNITY DEVELOPMENT BOARD STAFF REPORT MEETING DATE: June 21, 2022 AGENDA ITEM: F.4. CASE: REZ2022-03003 REQUEST: To amend the Zoning Atlas designation from the Office (O) District to the Institutional (I) District. GENERAL DATA: Owner ............................. Representative................. YMCA of the Suncoast Inc. Brian J. Aungst Location ......................... 905 S Highland Avenue, located on the east side of S Highland Avenue approximately 450 feet south of Druid Road Property Size................... 1.86 acres Background: This case involves a 1.86-acre vacant property located on the east side of S Highland Avenue approximately 450 feet south of Druid Road. The parcel, owned by YMCA of the Suncoast Inc., is currently vacant; however, the property was previously occupied by a nursing home that was demolished in 2006. YMCA of the Suncoast would like the option to construct a new smaller facility to replace their current one on the parcel directly to the south, which has been sold to the Learning Independence for Tomorrow (LIFT) School. This amendment would allow the applicant to develop the property with a facility built for delivery of social/public services and/or educational services, although no plans have been submitted at this time. The request is to change the property’s Zoning Atlas designation from the Office (O) District to the Institutional (I) District. A request to amend the future land use designation of the property from Residential/Office General (R/OG) to Institutional (I) is being processed concurrently with this case (see LUP2022-03003). Social and community centers are not a listed permitted use in the Office (O) District and would require submission of a Comprehensive Infill Redevelopment application. The proposed amendment would allow for the property to be developed with the clarity of institutional standards. Community Development Board – June 21, 2022 REZ2022-03003 - Page 2 of 8 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Vicinity Characteristics: Maps 1 and 2 show the general location of the property and an aerial view of the amendment area and its surroundings. Map 1 Map 2 Map 3 shows the existing surrounding uses. The property to the north and wrapping around to the east of the subject property is owned by the Salvation Army and includes the Social Services Department and a family medical practice. The property to the south is the current YMCA of the Suncoast location that has been sold and will be transitioning to the LIFT School. Across S Highland Avenue to the west there is residential use which includes detached dwellings. Further north along S Highland Avenue and across Druid Road additional residential uses are present. Map 3 Community Development Board – June 21, 2022 REZ2022-03003 - Page 3 of 8 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION As shown on Map 4, the abutting zoning district to the north, south, and east is institutional (I). Low Medium Density Residential (LMDR) exists across S Highland Avenue to the west and to the north along S Highland Avenue and across Druid Road. Map 4 REVIEW CRITERIA: Consistency with the Clearwater Comprehensive Plan and Community Development Code and Regulations [Sections 4-602.F.1] Recommended Findings of Fact: Applicable goal, objective and policies of the Clearwater Comprehensive Plan which support the proposed amendment include: Objective A.2.2 Future Land Use in the City of Clearwater shall be guided by the City’s Future Land Use Map, which shall be consistent with the Countywide Plan for Pinellas County (The Countywide Plan) including the Countywide Plan Map and shall be implemented through the City’s Community Development Code. Goal A.4 The City shall work toward a land use pattern that can be supported by the available community and public facilities that would be required to serve the development. Policy A.5.5.1 Development shall be designed to maintain and support the existing or envisioned character of the neighborhood. Community Development Board – June 21, 2022 REZ2022-03003 - Page 4 of 8 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Policy B.1.4.1 The City will continue to review potential trips generated by requests for amendment to the Future Land Use Map. Policy B.1.5.1 The City shall continue to review trips generated by land development projects through the Mobility Management System. Applicable section of the Community Development Code which supports the proposed amendment: Division 12, Institutional District, Section 2-1201. Intent and Purpose. The intent and purpose of the Institutional "I" District is to establish areas where public and private organizations can establish and operate institutions with a public interest in support of the quality of life of the citizens of the City of Clearwater without adversely impacting the integrity of adjacent residential neighborhoods, diminishing the scenic quality of the City of Clearwater or negatively impacting the safe and efficient movement of people and things within the City of Clearwater. The proposed Institutional (I) District is compatible with the surrounding institutional and single-family uses. The zoning districts consistent with the current Residential/Office General (R/OG) designation do not permit social and community center uses, which is the classification of the YMCA. As a result, a concurrent application for amendment to the Future Land Use Map is also being processed to change the land use designation of the property from Residential/Office General (R/OG) to Institutional (I) to allow social and community center uses (LUP2022-03003). Overall, the intensity of development allowed will be greater than what is permitted by the current Residential/Office General (R/OG) future land use designation and will be equal or similar to adjacent parcels to the north and south. Although there is potential for increased traffic generation with a change to Institutional use, S Highland Avenue has the capacity to support this increase. The expansion of institutional use does not directly abut residential uses, therefore concerns regarding character of the neighborhood and compatibility do not arise with this application. In addition, the proposal does not degrade the level of service for public facilities below the adopted standards (a detailed public facilities analysis follows in this report). Recommended Conclusion of Law: The request does not conflict with the goals, objectives, and policies of the Clearwater Comprehensive Plan and furthers said plan and the Community Development Code as indicated above. Compatibility with Surrounding Properties/Character of the City & Neighborhood [Section 4-602.F.2, 4-602.F.3 and Section 4-602.F.4] Recommended Findings of Fact: Existing surrounding uses consists of detached dwellings to the west across S Highland Avenue, and further north along S Highland Avenue and across Druid Road. The property to the north and wrapping around to the east of the subject property is owned by the Salvation Army and includes the Social Services Department and a family medical practice. To the south is the current YMCA of the Suncoast location but has been sold and will be transitioning to the LIFT School. Community Development Board – June 21, 2022 REZ2022-03003 - Page 5 of 8 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Recommended Conclusions of Law: The proposed expansion of the Institutional (I) zoning district would allow development that is in character with the zoning districts in the area. Further, the proposal is compatible with surrounding uses and consistent with the character of the surrounding properties and neighborhood. Sufficiency of Public Facilities [Section 4-602.F.5] Recommended Findings of Fact: Even though this is a Zoning Atlas Amendment application, maximum development potential is based on the underlying future land use, so to assess the sufficiency of public facilities needed to support potential development on the proposed property, the maximum development potential under the existing Future Land Use Map designation was analyzed. Table 1. Development Potential for Existing and Proposed FLUM Designation Existing FLUM Designation “R/OG” Proposed FLUM Designation “I” Net Change Site Area 1.86 AC (81,021 SF) 1.86 AC (81,021 SF) Maximum Development Potential 0 DUs / 83 Beds1 40,510 SF 0.50 FAR 0 DUs / 69 Beds2 52,664 SF 0.65 FAR 0 DUs / -14 Beds +12,154 SF +0.15 FAR Notes: 1. Residential uses are not permitted through the consistent Office (O) District; however, residential equivalent uses are permitted (3 beds per unit per acre). 2. Residential uses are not permitted through the consistent Institutional (I) District; however, residential equivalent uses are permitted (3 beds per unit per acre). Abbreviations: FLUM – Future Land Use Map DUs – Dwelling Units AC – Acres FAR – Floor Area Ratio SF – Square feet As shown in the table, there is an increase in maximum development potential of over 12,000 square feet. The following analysis compares the maximum potential development of the proposed Institutional (I) future land use developed with a 52,664 square foot non-residential use to the maximum development potential of the existing Residential/Office General (R/OG) future land use category developed with 40,510 square feet of non-residential use. Potable Water The change in development potential from this amendment would result in a decrease in potable water use of up to 1,763.6 gallons per day. This decrease is determined by taking the potential potable water utilization of the proposed land use developed with the maximum square footage allowed (5,266.4 gallons per day) and subtracting it from the potential usage of an office use built out at the maximum square footage permitted by the current land use designation (7,030 gallons per day). The City’s current potable water demand is 10.64 million gallons per day (MGD). The City’s adopted level of service (LOS) standard for potable water service is 120 gallons per day per capita, while the actual usage Community Development Board – June 21, 2022 REZ2022-03003 - Page 6 of 8 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION is estimated at 72 gallons per day per capita (2020 Annual Water Report). The City’s 10-year Water Supply Facilities Work Plan (2016-2026 Planning Period), completed October 2017, indicates that based on the updated water demand projections and other factors, the City has adequate water supply and potable water capacity for the 10-year planning horizon. Wastewater The change in development potential from this amendment would result in a decrease in wastewater use of up to 2,114 gallons per day. This decrease is determined by taking the potential wastewater utilization of the proposed land use developed with the maximum square footage allowed (4,213 gallons per day) and subtracting it from the potential usage of an office use built out at the maximum square footage permitted by the current land use designation (6,327 gallons per day). The subject property is served by the Marshall Street Water Reclamation Facility, which presently has excess permitted capacity estimated to be 4.82 million gallons per day. Therefore, there is excess sanitary sewer capacity to serve the amendment area. Solid Waste The change in development potential from this amendment would result in an increase in solid waste generated of up to 73.8 tons per year. This increase is determined by taking the utilization of the proposed land use developed with the maximum square footage allowed (142.2 tons per year) and subtracting it from the potential utilization of an office use built out at the maximum square footage permitted by the current land use designation (68.4 tons per year). Pinellas County handles all solid waste disposal at the Pinellas County Waste-to-Energy Plant and the Bridgeway Acres Sanitary Landfill which has significant capacity. Additionally, the city provides a full-service citywide recycling program which diverts waste from the landfill, helping to extend the lifespan of Bridgeway Acres. There is excess solid waste capacity to serve the amendment area. Parkland Under both the existing and proposed future land use, the LOS citywide will continue to exceed the adopted LOS of 4 acres per 1,000 residents. The city is currently providing 7.95 acres of parkland per 1,000 residents. The proposed future land use amendment will not impact the City’s adopted LOS for parkland acreage. Based on this impact analysis, the current provision of 7.95 acres of parkland per 1,000 would remain unchanged [Source: Parks and Recreation Facilities Impact Fee Study, prepared by Benesch (formerly Tindale Oliver) May 23, 2022]. Amending a property’s future land use or zoning designation does not have an immediate impact on the City’s Parks and Recreation system and parkland requirements. Impacts are felt when development occurs. This Zoning Atlas Amendment will have no additional impact on parkland. Community Development Board – June 21, 2022 REZ2022-03003 - Page 7 of 8 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Stormwater Site plan approval will be required before the property can be developed. At that time, the stormwater management system for the site will be required to meet all City and Southwest Florida Water Management District (SWFWMD) stormwater management criteria. Streets The subject property is located on the east side of S Highland Avenue approximately 450 feet south of Druid Road. To evaluate potential impacts on streets, the typical traffic impacts figure (trips per day per acre) in the Countywide Rules for the corresponding Countywide Plan Map categories (current and proposed) are compared. The current number of trips per day (165 trips) is calculated based on the per acre impact for the Office (O) category of 89 trips/day/acre. The proposed Countywide Plan Map category of Institutional (I) category has an impact of 192 trips/day/acre (357 trips); therefore, the proposed amendment could result in an increase of up to 192 trips per day. S Highland Avenue is a paved, two-lane divided road with sidewalks available on both sides of the roadway in the vicinity of the subject parcel. Although there is potential for an increase in the number of trips that could be generated from the proposed amendment, S Highland Avenue has the capacity available to serve these additional trips. Recommended Conclusions of Law: Based upon the findings of fact, the proposed change would decrease the demand on several public facilities including potable water, wastewater, parkland, and stormwater management; but would potentially see an increase in solid waste and traffic generation. However, this will not result in the degradation of the current levels of service for solid waste and streets. Location of District Boundaries [Section 4-602.F.6] Recommended Finding of Fact: The location of the proposed Institutional (I) District is logical and consistent with the boundaries of the subject property. Recommended Conclusion of Law: The district boundaries are appropriately drawn in regard to location and classifications of streets, ownership lines, existing improvements, and the natural environment. Community Development Board – June 21, 2022 REZ2022-03003 - Page 8 of 8 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION SUMMARY AND RECOMMENDATION: No amendment to the Zoning Atlas shall be recommended for approval or receive a final action of approval unless it complies with the standards contained in Section 4-602.F, Community Development Code. Table 2 below depicts the consistency of the proposed amendment with the standards under Section 4-602.F: Table 2. Consistency with Community Development Code Standards for Review CDC Section 4-602 Standard Consistent Inconsistent F.1 The proposed amendment is consistent with and features the goals, policies and objectives of the Comprehensive Plan and furthers the purposes of this Development Code and other city ordinances and actions designed to implement the plan. X F.2 The available uses to which the property may be put are appropriate to the property which is subject to the proposed amendment and compatible with existing and planned uses in the area. X F.3 The amendment does not conflict with the needs and character of the neighborhood and the city. X F.4 The amendment will not adversely or unreasonably affect the use of other property in the area. X F.5 The amendment will not adversely burden public facilities, including the traffic-carrying capacities of streets, in an unreasonably or disproportionate manner. X F.6 The district boundaries are appropriately drawn with due regard to locations and classifications of streets, ownership lanes, existing improvements and the natural environment. X Based on the foregoing, the Planning and Development Department recommends the following action: Recommend APPROVAL of the Zoning Atlas Amendment from the Office (O) District to the Institutional (I) District. Prepared by Planning and Development Department Staff: ________ Dylan Prins Planner ATTACHMENTS: Ordinance No. 9576-22 Resume Photographs of Site and Vicinity AERIAL PHOTOGRAPH Owner(s): YMCA OF THE SUNCOAST INC Case: LUP2022-03003 REZ2022-03003 Site: 905 S Highland Avenue Property Size(Acres): 1.86 Land Use Zoning PIN: 14-29-15-00000-340-0200 From: Residential/Office General (R/OG) Office (O) To: Institutional (I) Institutional (I) Atlas Page: 297A LOCATION MAP Owner(s): YMCA OF THE SUNCOAST INC Case: LUP2022-03003 REZ2022-03003 Site: 905 S Highland Avenue Property Size(Acres): 1.86 Land Use Zoning PIN: 14-29-15-00000-340-0200 From: Residential/Office General (R/OG) Office (O) To: Institutional (I) Institutional (I) Atlas Page: 297A EXISTING SURROUNDING USES MAP Owner(s): YMCA OF THE SUNCOAST INC Case: LUP2022-03003 REZ2022-03003 Site: 905 S Highland Avenue Property Size(Acres): 1.86 Land Use Zoning PIN: 14-29-15-00000-340-0200 From: Residential/Office General (R/OG) Office (O) To: Institutional (I) Institutional (I) Atlas Page: 297A Detached Dwellings Institutional Community Center Detached Dwellings PROPOSED ZONING MAP Owner(s): YMCA OF THE SUNCOAST INC Case: LUP2022-03003 REZ2022-03003 Site: 905 S Highland Avenue Property Size(Acres): 1.86 Land Use Zoning PIN: 14-29-15-00000-340-0200 From: Residential/Office General (R/OG) Office (O) To: Institutional (I) Institutional (I) Atlas Page: 297A LUP/REZ2022-03003 City of Clearwater 905 S Highland Avenue View looking east at subject property on S Highland Ave North of the subject property South of the subject property Across the street, to the west of the subject property View looking southerly along S Highland Ave View looking northerly along S Highland Ave Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9580-22 2nd rdg Agenda Date: 8/4/2022 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 9.3 SUBJECT/RECOMMENDATION: Adopt Ordinance 9580-22 on second reading, annexing certain real property whose post office address is 2843 St. John Drive, Clearwater, FL 33759, into the corporate limits 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 8/3/2022 Ordinance No. 9580-22 ORDINANCE NO. 9580-22 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF ST. JOHN DRIVE AT THE SOUTHERN TERMINUS OF ST. ANTHONY DRIVE, WHOSE POST OFFICE ADDRESS IS 2843 ST. JOHN 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 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 14, Block D, VIRGINIA GROVES TERRACE FIFTH ADDITION, according to the map or plat thereof, as recorded in Plat Book 51, Pages 43 and 44, Public Records of Pinellas County, Florida; (ANX2022-05006) 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. 9580-22 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): Daryl & Jennifer Whitaker Case: ANX2022-05006 Site: 2843 St. John Drive Property Size(Acres): ROW (Acres): 0.195 Land Use Zoning PIN: 05-29-16-94410-004-0140 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 264B To: Residential Low (RL) Low Medium Density Residential (LMDR) LOCATION MAP Owner(s): Daryl & Jennifer Whitaker Case: ANX2022-05006 Site: 2843 St. John Drive Property Size(Acres): ROW (Acres): 0.195 Land Use Zoning PIN: 05-29-16-94410-004-0140 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 264B To: Residential Low (RL) Low Medium Density Residential (LMDR) AERIAL PHOTOGRAPH Owner(s): Daryl & Jennifer Whitaker Case: ANX2022-05006 Site: 2843 St. John Drive Property Size(Acres): ROW (Acres): 0.195 Land Use Zoning PIN: 05-29-16-94410-004-0140 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 264B To: Residential Low (RL) Low Medium Density Residential (LMDR) EXISTING SURROUNDING USES MAP Owner(s): Daryl & Jennifer Whitaker Case: ANX2022-05006 Site: 2843 St. John Drive Property Size(Acres): ROW (Acres): 0.195 Land Use Zoning PIN: 05-29-16-94410-004-0140 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 264B To: Residential Low (RL) Low Medium Density Residential (LMDR) Detached Dwellings Detached Dwellings Detached Dwellings Detached Dwellings ANX2022-05006 Daryl & Jennifer Whitaker 2843 St. John Drive View looking south at subject property 2843 St. John Drive West of the subject property East of the subject property Across the street, to the north of the subject property View looking easterly along St. John Drive View looking westerly along St. John Drive Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9581-22 2nd rdg Agenda Date: 8/4/2022 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 9.4 SUBJECT/RECOMMENDATION: Adopt Ordinance 9581-22 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 2843 St. John Drive, Clearwater, FL 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 8/3/2022 Ordinance No. 9581-22 ORDINANCE NO. 9581-22 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 ST. JOHN DRIVE AT THE SOUTHERN TERMINUS OF ST. ANTHONY DRIVE, WHOSE POST OFFICE ADDRESS IS 2843 ST. JOHN 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 14, Block D, VIRGINIA GROVES TERRACE FIFTH ADDITION, according to the map or plat thereof, as recorded in Plat Book 51, Pages 43 and 44, Public Records of Pinellas County, Florida; Residential Low (RL) (ANX2022-05006) 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. 9580-22. Ordinance No. 9581-22 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): Daryl & Jennifer Whitaker Case: ANX2022-05006 Site: 2843 St. John Drive Property Size(Acres): ROW (Acres): 0.195 Land Use Zoning PIN: 05-29-16-94410-004-0140 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 264B To: Residential Low (RL) Low Medium Density Residential (LMDR) LOCATION MAP Owner(s): Daryl & Jennifer Whitaker Case: ANX2022-05006 Site: 2843 St. John Drive Property Size(Acres): ROW (Acres): 0.195 Land Use Zoning PIN: 05-29-16-94410-004-0140 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 264B To: Residential Low (RL) Low Medium Density Residential (LMDR) AERIAL PHOTOGRAPH Owner(s): Daryl & Jennifer Whitaker Case: ANX2022-05006 Site: 2843 St. John Drive Property Size(Acres): ROW (Acres): 0.195 Land Use Zoning PIN: 05-29-16-94410-004-0140 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 264B To: Residential Low (RL) Low Medium Density Residential (LMDR) EXISTING SURROUNDING USES MAP Owner(s): Daryl & Jennifer Whitaker Case: ANX2022-05006 Site: 2843 St. John Drive Property Size(Acres): ROW (Acres): 0.195 Land Use Zoning PIN: 05-29-16-94410-004-0140 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 264B To: Residential Low (RL) Low Medium Density Residential (LMDR) Detached Dwellings Detached Dwellings Detached Dwellings Detached Dwellings ANX2022-05006 Daryl & Jennifer Whitaker 2843 St. John Drive View looking south at subject property 2843 St. John Drive West of the subject property East of the subject property Across the street, to the north of the subject property View looking easterly along St. John Drive View looking westerly along St. John Drive Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9582-22 2nd rdg Agenda Date: 8/4/2022 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 9.5 SUBJECT/RECOMMENDATION: Adopt Ordinance 9582-22 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 2843 St. John Drive, Clearwater, FL 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 8/3/2022 Ordinance No. 9582-22 ORDINANCE NO. 9582-22 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 ST. JOHN DRIVE AT THE SOUTHERN TERMINUS OF ST. ANTHONY DRIVE, WHOSE POST OFFICE ADDRESS IS 2483 ST. JOHN 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. 9580-22. Property Zoning District Lot 14, Block D, VIRGINIA GROVES TERRACE FIFTH ADDITION, according to the map or plat thereof, as recorded in Plat Book 51, Pages 43 and 44, Public Records of Pinellas County, Florida ; Low Medium Density Residential (LMDR) (ANX2022-05006) Ordinance No. 9582-22 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): Daryl & Jennifer Whitaker Case: ANX2022-05006 Site: 2843 St. John Drive Property Size(Acres): ROW (Acres): 0.195 Land Use Zoning PIN: 05-29-16-94410-004-0140 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 264B To: Residential Low (RL) Low Medium Density Residential (LMDR) LOCATION MAP Owner(s): Daryl & Jennifer Whitaker Case: ANX2022-05006 Site: 2843 St. John Drive Property Size(Acres): ROW (Acres): 0.195 Land Use Zoning PIN: 05-29-16-94410-004-0140 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 264B To: Residential Low (RL) Low Medium Density Residential (LMDR) AERIAL PHOTOGRAPH Owner(s): Daryl & Jennifer Whitaker Case: ANX2022-05006 Site: 2843 St. John Drive Property Size(Acres): ROW (Acres): 0.195 Land Use Zoning PIN: 05-29-16-94410-004-0140 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 264B To: Residential Low (RL) Low Medium Density Residential (LMDR) EXISTING SURROUNDING USES MAP Owner(s): Daryl & Jennifer Whitaker Case: ANX2022-05006 Site: 2843 St. John Drive Property Size(Acres): ROW (Acres): 0.195 Land Use Zoning PIN: 05-29-16-94410-004-0140 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 264B To: Residential Low (RL) Low Medium Density Residential (LMDR) Detached Dwellings Detached Dwellings Detached Dwellings Detached Dwellings ANX2022-05006 Daryl & Jennifer Whitaker 2843 St. John Drive View looking south at subject property 2843 St. John Drive West of the subject property East of the subject property Across the street, to the north of the subject property View looking easterly along St. John Drive View looking westerly along St. John Drive Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 2nd rdg 9597-22b Agenda Date: 8/4/2022 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 9.6 SUBJECT/RECOMMENDATION: Adopt Ordinance 9597-22 on second reading, calling for an election to be held on November 8, 2022 on a proposed amendment to the City Charter to allow the City to negotiate the development and sale of certain unoccupied properties in the downtown core for the purpose of creating a vibrant, mixed-use development consisting of apartments, hotel and commercial space including restaurant dining, cafes, and event space, activating the area adjacent to Coachman Park. SUMMARY: Page 1 City of Clearwater Printed on 8/3/2022 Ordinance No. 9597-22 ORDINANCE NO. 9597-22 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, CALLING FOR AN ELECTION TO BE HELD ON NOVEMBER 8, 2022; SUBMITTING TO THE CITY ELECTORS A PROPOSED AMENDMENT TO THE CITY CHARTER TO ALLOW THE CITY TO NEGOTIATE THE REDEVELOPMENT AND SALE OF CERTAIN UNOCCUPIED DOWNTOWN PROPERTY IN THE DOWNTOWN CORE FOR THE PURPOSE OF CREATING A VIBRANT, MIXED USE DEVELOPMENT CONSISTING OF APARTMENTS, HOTEL, AND COMMERCIAL SPACE INCLUDING RESTAURANT DINING, CAFES, AND EVENT SPACE ACTIVATING THE AREA ADJACENT TO COACHMAN PARK. WHEREAS, Clearwater’s former City Hall, which is located on a portion of 112 S. Osceola Avenue, has remained a vacant structure since January 2019; and WHEREAS, a new City Hall is planned for construction near the intersection of S. Myrtle Avenue and Pierce Street; and WHEREAS, the unoccupied property contributes no taxable value to the City, nor does it provide housing, jobs, or amenities for Clearwater residents; and WHEREAS, Clearwater residents amended the City Charter to adopt the Imagine Clearwater plan for Coachman Park, which identified potential complementary redevelopment of certain downtown core properties adjacent to Coachman Park and the intention is to create activation between Imagine Clearwater, the identified properties, and the downtown core; and WHEREAS, the site of the former Harborview Center, which was located at 320 Cleveland Street, is a vacant property as defined by the Pinellas County Property Appraiser; and WHEREAS, the property on which the former Harborview Center was located is being re-addressed to 50 N. Osceola Ave.; and WHEREAS, the former Harborview Center also contributes neither taxable value nor housing, jobs, or amenities for Clearwater residents; and WHEREAS, the Clearwater City Council would like to stimulate downtown redevelopment for the benefit of all Clearwater residents; and WHEREAS, Gotham Property Acquisitions, LLC and The DeNunzio Group, LLC are willing and financially able to purchase both properties for the purpose of creating apartments and amenities at the unoccupied City Hall site, and a full-service hotel, retail, dining, and event space at the site of the former Harborview Center; and 2 Ordinance No. 9597-22 WHEREAS, the City Council on June 16, 2022, unanimously selected Gotham Property Acquisitions, LLC and The DeNunzio Group, LLC, as the City’s development partners following a competitive process under the Community Redevelopment Act; and WHEREAS, the City Council has determined that Gotham Property Acquisitions, LLC and The DeNunzio Group, LLC are committed to the long-term success of this project and downtown Clearwater; and WHEREAS, the Clearwater City Charter Section 2.01(d)(5), Real Property, contains certain restrictions on the Council's authority to sell or transfer City owned real property; and WHEREAS, those restrictions require the City to publicly auction the property to the highest bidder who meets the terms established by Council; and WHEREAS, the Clearwater City Council would like to ensure that the buyer of the unoccupied City Hall site and vacant site of the former Harborview Center develops the property in a way that provides long-term housing, jobs, and amenities for Clearwater residents; and WHEREAS, the Clearwater City Charter Section 2.01(d)(7) regulates property bounded by Drew Street on the north, Osceola Avenue on the east, Pierce Street on the south, and Clearwater Harbor on the west, and prohibits the lease, sale, donation or use of the property for other than City facilities without a referendum; now therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The foregoing prefatory clauses are hereby fully incorporated herein as findings of the City Council. Section 2. In furtherance of the implementation of the project described in both the prefatory clauses and Section 3 of this ordinance, it is hereby proposed that Section 2.01(d) of the City Charter be amended to add a new Subsection (8) as follows: Section 2.01 Commission; composition; powers. * * * * * (d) Limitations. The legislative power provided herein shall have the following limitations: * * * * * (8) Notwithstanding and as an exception to anything contained in section 2.01 herein, the City Council is authorized to: 3 Ordinance No. 9597-22 (a) Negotiate, enter into purchase and development agreements with Gotham Property Acquisitions, LLC, The DeNunzio Group, LLC, or their affiliated entities for the purpose of redeveloping two properties in the downtown core, and convey said properties being more particularly described as follows: i. A portion of parcel identification number 16-29-15-20358-001-0040, known as the “Old City Hall Parcel,” not to exceed 2.7 acres in size. ii. A portion of parcel identification number 16-29-15-57996-000-0030, known as the “Former Harborview Site,” not to exceed 1.5 acres in size. (b) The agreements described in subparagraph (a) must include, at a minimum, the following enforceable provisions: i. As to the Former Harborview Site, retail and dining amenities that remain accessible to Clearwater residents and visitors. ii. As to the Old City Hall Parcel, apartments that remain available for rent to the general public. iii. As to both sites, thoughtful and measurable sustainability provisions for environmental stewardship. iv. As to both sites, project timelines that offer reasonable assurance of timely completion. v. As to both sites, a long-term prohibition against any development of self- storage facilities and light assembly, even if such uses would otherwise be permissible within the downtown core. vi. A development agreement with an initial term of thirty (30) years. vii. A provision in the development agreement requiring the development agreement to be subject to the provisions in this charter. Section 3. A City election is hereby called and will be held on November 8, 2022, for the consideration by the voters of the City of Clearwater of the proposed Charter Amendment. The question to appear on the referendum ballot shall be as follows: Redevelopment of two government-owned properties located west of Osceola Avenue in the downtown core Shall the Clearwater City Charter be amended to allow the City, instead of selling the vacant City Hall and a portion of the former Harborview sites to the highest bidder at a public auction, to sell the properties to Gotham Property Acquisitions and The DeNunzio Group; who will create approximately 600 apartments and 158-key hotel, retail, entertainment, restaurants and cultural uses available to all Clearwater residents, as further described and limited by City Ordinance 9597-22? 4 Ordinance No. 9597-22 Yes _________ No ______ Section 4. The City Clerk is directed to notify the Pinellas County Supervisor of Elections that the referendum item provided above shall be considered in conjunction with the general election to be held on November 8, 2022. Section 5. This ordinance shall take effect immediately upon adoption. The amendments to the City Charter provided for herein shall take effect only upon approval of a majority of the City electors voting at the referendum election on these issues and upon the filing of the Amended Charter with the Secretary of State. PASSED ON FIRST READING _____________________ PASSED ON SECOND AND FINAL _____________________ READING AND ADOPTED ___________________________ Frank 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: 9586-22 2nd rdg cont'd Agenda Date: 8/4/2022 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 9.7 SUBJECT/RECOMMENDATION: CONTINUE TO A DATE UNCERTAIN: Adopt Ordinance 9586-22 on second reading, annexing certain real property whose post office address is 1219 Sunset Point Road, Clearwater, FL 33755, into the corporate limits 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 8/3/2022 Ordinance No. 9586-22 ORDINANCE NO. 9586-22 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE SOUTHEAST CORNER OF SUNSET POINT ROAD AND SYLVAN DRIVE, WHOSE POST OFFICE ADDRESS IS 1219 SUNSET POINT ROAD, 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 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 B, Harbor Vista, according to the map or plat thereof, as recorded in Plat Book 18, Page(s) 41, of the Public Records of Pinellas County, Florida; (ANX2022-05008) 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. 9586-22 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): Weekley Homes, LLC Case: ANX2022-05008 Site: 1219 Sunset Point Road Property Size(Acres): ROW (Acres): 0.137 Land Use Zoning PIN: 03-29-15-36666-002-0010 From : Residential Urban (RU) R-4 One, Two & Three Family Residential Atlas Page: 260B To: Residential Urban (RU) Low Medium Density Residential (LMDR) LOCATION MAP Owner(s): Weekley Homes, LLC Case: ANX2022-05008 Site: 1219 Sunset Point Road Property Size(Acres): ROW (Acres): 0.137 Land Use Zoning PIN: 03-29-15-36666-002-0010 From : Residential Urban (RU) R-4 One, Two & Three Family Residential Atlas Page: 260B To: Residential Urban (RU) Low Medium Density Residential (LMDR) AERIAL PHOTOGRAPH Owner(s): Weekley Homes, LLC Case: ANX2022-05008 Site: 1219 Sunset Point Road Property Size(Acres): ROW (Acres): 0.137 Land Use Zoning PIN: 03-29-15-36666-002-0010 From : Residential Urban (RU) R-4 One, Two & Three Family Residential Atlas Page: 260B To: Residential Urban (RU) Low Medium Density Residential (LMDR) EXISTING SURROUNDING USES MAP Owner(s): Weekley Homes, LLC Case: ANX2022-05008 Site: 1219 Sunset Point Road Property Size(Acres): ROW (Acres): 0.137 Land Use Zoning PIN: 03-29-15-36666-002-0010 From : Residential Urban (RU) R-4 One, Two & Three Family Residential Atlas Page: 260B To: Residential Urban (RU) Low Medium Density Residential (LMDR) Detached Dwellings Detached Dwellings Detached Dwellings Commercial Detached Dwellings ANX2022-05008 Weekley Homes, LLC 1219 Sunset Point Road View looking south at subject property 1219 Sunset Point Road East of the subject property Across the street, to the north of the subject property View looking easterly along Sunset Point Road View looking westerly along Sunset Point Road Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9587-22 2nd rdg cont'd Agenda Date: 8/4/2022 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 9.8 SUBJECT/RECOMMENDATION: CONTINUE TO A DATE UNCERTAIN: Adopt Ordinance 9587-22 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 1219 Sunset Point Road, Clearwater, FL 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 8/3/2022 Ordinance No. 9587-22 ORDINANCE NO. 9587-22 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 SUNSET POINT ROAD AND SYLVAN DRIVE, WHOSE POST OFFICE ADDRESS IS 1219 SUNSET POINT ROAD, 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 1, Block B, Harbor Vista, according to the map or plat thereof, as recorded in Plat Book 18, Page(s) 41, of the Public Records of Pinellas County, Florida; Residential Urban (RU) (ANX2022-05008) 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. 9586-22. Ordinance No. 9587-22 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): Weekley Homes, LLC Case: ANX2022-05008 Site: 1219 Sunset Point Road Property Size(Acres): ROW (Acres): 0.137 Land Use Zoning PIN: 03-29-15-36666-002-0010 From : Residential Urban (RU) R-4 One, Two & Three Family Residential Atlas Page: 260B To: Residential Urban (RU) Low Medium Density Residential (LMDR) LOCATION MAP Owner(s): Weekley Homes, LLC Case: ANX2022-05008 Site: 1219 Sunset Point Road Property Size(Acres): ROW (Acres): 0.137 Land Use Zoning PIN: 03-29-15-36666-002-0010 From : Residential Urban (RU) R-4 One, Two & Three Family Residential Atlas Page: 260B To: Residential Urban (RU) Low Medium Density Residential (LMDR) AERIAL PHOTOGRAPH Owner(s): Weekley Homes, LLC Case: ANX2022-05008 Site: 1219 Sunset Point Road Property Size(Acres): ROW (Acres): 0.137 Land Use Zoning PIN: 03-29-15-36666-002-0010 From : Residential Urban (RU) R-4 One, Two & Three Family Residential Atlas Page: 260B To: Residential Urban (RU) Low Medium Density Residential (LMDR) EXISTING SURROUNDING USES MAP Owner(s): Weekley Homes, LLC Case: ANX2022-05008 Site: 1219 Sunset Point Road Property Size(Acres): ROW (Acres): 0.137 Land Use Zoning PIN: 03-29-15-36666-002-0010 From : Residential Urban (RU) R-4 One, Two & Three Family Residential Atlas Page: 260B To: Residential Urban (RU) Low Medium Density Residential (LMDR) Detached Dwellings Detached Dwellings Detached Dwellings Commercial Detached Dwellings ANX2022-05008 Weekley Homes, LLC 1219 Sunset Point Road View looking south at subject property 1219 Sunset Point Road East of the subject property Across the street, to the north of the subject property View looking easterly along Sunset Point Road View looking westerly along Sunset Point Road Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9588-22 2nd rdg cont'd Agenda Date: 8/4/2022 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 9.9 SUBJECT/RECOMMENDATION: CONTINUE TO A DATE UNCERTAIN: Adopt Ordinance 9588-22 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1219 Sunset Point Road, Clearwater, FL 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 8/3/2022 Ordinance No. 9588-22 ORDINANCE NO. 9588-22 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 SUNSET POINT ROAD AND SYLVAN DRIVE, WHOSE POST OFFICE ADDRESS IS 1219 SUNSET POINT ROAD, 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. 9586-22. Property Zoning District Lot 1, Block B, Harbor Vista, according to the map or plat thereof, as recorded in Plat Book 18, Page(s) 41, of the Public Records of Pinellas County, Florida; Low Medium Density Residential (LMDR) (ANX2022-05008) Ordinance No. 9588-22 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): Weekley Homes, LLC Case: ANX2022-05008 Site: 1219 Sunset Point Road Property Size(Acres): ROW (Acres): 0.137 Land Use Zoning PIN: 03-29-15-36666-002-0010 From : Residential Urban (RU) R-4 One, Two & Three Family Residential Atlas Page: 260B To: Residential Urban (RU) Low Medium Density Residential (LMDR) LOCATION MAP Owner(s): Weekley Homes, LLC Case: ANX2022-05008 Site: 1219 Sunset Point Road Property Size(Acres): ROW (Acres): 0.137 Land Use Zoning PIN: 03-29-15-36666-002-0010 From : Residential Urban (RU) R-4 One, Two & Three Family Residential Atlas Page: 260B To: Residential Urban (RU) Low Medium Density Residential (LMDR) AERIAL PHOTOGRAPH Owner(s): Weekley Homes, LLC Case: ANX2022-05008 Site: 1219 Sunset Point Road Property Size(Acres): ROW (Acres): 0.137 Land Use Zoning PIN: 03-29-15-36666-002-0010 From : Residential Urban (RU) R-4 One, Two & Three Family Residential Atlas Page: 260B To: Residential Urban (RU) Low Medium Density Residential (LMDR) EXISTING SURROUNDING USES MAP Owner(s): Weekley Homes, LLC Case: ANX2022-05008 Site: 1219 Sunset Point Road Property Size(Acres): ROW (Acres): 0.137 Land Use Zoning PIN: 03-29-15-36666-002-0010 From : Residential Urban (RU) R-4 One, Two & Three Family Residential Atlas Page: 260B To: Residential Urban (RU) Low Medium Density Residential (LMDR) Detached Dwellings Detached Dwellings Detached Dwellings Commercial Detached Dwellings ANX2022-05008 Weekley Homes, LLC 1219 Sunset Point Road View looking south at subject property 1219 Sunset Point Road East of the subject property Across the street, to the north of the subject property View looking easterly along Sunset Point Road View looking westerly along Sunset Point Road Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: LUP2022-04004 2nd rdg Agenda Date: 8/4/2022 Status: Second ReadingVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 9.10 SUBJECT/RECOMMENDATION: Withdrawn: Deny a Future Land Use Map Amendment from the Residential Low (RL) category to the Institutional (I) category for the property located at 1885 County Road (CR) 193 and do not pass Ordinance 9577-22 on first reading. (LUP2022-04004) SUMMARY: Note - Case was withdrawn prior to first reading; it was noticed for second reading on August 4, 2022. This Future Land Use Map Amendment involves a 2.618-acre property located on the east side of CR 193 approximately 500 feet south of Sunset Point Road. The applicant, St. Mary and St. Mina Coptic Orthodox Church, is requesting to amend the future land use category from Residential Low (RL) to Institutional (I). The applicant has submitted a Zoning Atlas Amendment which is being processed concurrently with this case (REZ2022-04004). The subject property is currently developed with a detached dwelling which was constructed in 1973. In 2006, the property was annexed into the city by ordinance No. 7683-06, with subsequent ordinances establishing the future land use of Residential Low (RL) and zoning designation of Low Medium Density Residential (LMDR). St. Mary and St. Mina Coptic Orthodox Church (hereinafter the Church) purchased the property in 2015. The Church also owns the property adjacent to the south, 2930 CR 193, and operates their main Church campus from this site which consists of three buildings totaling just under 30,000 square feet of development of 4.469± acres. Site plans are not required as part of Future Land Use Map amendment applications; however, the applicant has previously brought forward conceptual site plans that propose a two -story, 28,000 square foot multi-use building with associated parking on the subject property and rearranged parking on the main Church property, including during pre-application meetings late last year. Staff has not formally reviewed the site plan, but previous comments focused on the increase of development potential in the requested Institutional (I) future land use category and uses in the consistent zoning district, as well as concerns about additional traffic. Staff encouraged the applicant to explore site design options where future vertical development is limited to the main Church parcel to the south which is already designated as Institutional (I), and to explore ways to mitigate impacts to surrounding properties. The proposed expansion of the Institutional (I) future land use category would negatively impact the low-density character of the area. The addition of Institutional property as proposed is incompatible with surrounding uses and inconsistent with the character of the surrounding properties and neighborhood. Additionally, the increase in development potential would likely lead to traffic capacity issues along CR 193, a dead-end roadway that lacks sidewalks and has Page 1 City of Clearwater Printed on 8/3/2022 File Number: LUP2022-04004 2nd rdg no opportunities to connect to Sunset Point Road or another outlet. The main Church campus to the south, 2930 CR 193, has a maximum development potential of up to 126,534 square feet based on its current designation of Institutional (I) on the city’s Future Land Use Map. The existing development is approximately 29,247 square feet, which leaves up to 97,287 square feet of unrealized development potential on the site. The main Church campus could support expansion of the Church without the need to extend the Institutional (I) future land use category north to the subject property. The Planning and Development Department has determined that the proposed Future Land Use Map Amendment is not consistent with the provisions of the Clearwater Community Development Code as specified below: ·The amendment will not further implementation of the Comprehensive Plan consistent with the goals, policies and objectives contained in the Plan. ·The amendment is inconsistent with other provisions of the Comprehensive Plan. ·The available uses, if applicable, to which the property may be put are not appropriate to the property in question and not compatible with existing and planned uses in the area. ·Sufficient public facilities are available to serve the subject property; however, sufficient traffic levels of service are not available to serve the property. ·The amendment will adversely impact the use of properties in the immediate area. If approved, the proposed City of Clearwater future land use category of Residential Low (RL) will necessitate an amendment of the Countywide Plan Map from the Residential Low Medium (RLM) category to the Public/Semi-Public (P/SP) category. In accordance with the Countywide Plan Rules, the land use plan amendment is subject to the approval of Forward Pinellas, in its role as the Pinellas Planning Council, and the Board of County Commissioners acting as the Countywide Planning Authority. The application is a small-scale amendment so review and approval by the Florida Department of Economic Opportunity would not be required. The Community Development Board reviewed this application at its June 21, 2022 public hearing and made a unanimous recommendation of denial to City Council. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 8/3/2022 Background: This case involves a 2.618-acre property located on the east side of County Road (CR) 193 approximately 500 feet south of Sunset Point Road. A detached dwelling which was constructed in 1973 occupies the site. The subject property was annexed into the City in 2006 by Ordinance No. 7683-06, with Ordinance No. 7684-06 setting the initial future land use category of Residential Low (RL) and Ordinance No. 7685-06 setting the initial zoning designation of Low Medium Density Residential (LMDR). The current owner, St. Mary & St. Mina Coptic Orthodox Church, which is located on the parcel to the south (2930 CR 193), purchased the property in June 2015. The request is to change the Future Land Use Map designation of the subject property from Residential Low (RL) to Institutional (I). A request to rezone the property from the Low Medium Density Residential (LMDR) District to the Institutional (I) District is being processed concurrently with this case (see REZ2022-04004). The church’s campus (2930 CR 193) is comprised of three buildings which total just under 30,000 square feet of development on 4.469 acres. In late 2007, the church approached the city requesting annexation in order to connect to the City’s sewer system. However, as the closest sanitary sewer manhole was to the east in the Castle Woods Drive right-of-way it was not readily available. After six months of inactivity, staff withdrew the petition. In 2014, the City’s Public Utilities Department was expanding sanitary sewer service in certain areas of the city, one of the areas being on CR 193. In late 2014, the church again requested annexation in order to connect to the City’s sanitary sewer system during the expansion work. Applications to amend the church’s future land use and zoning designations to Institutional (I) were also submitted, and the three cases were reviewed concurrently. The Community Development Code only permits places of worship within the PLANNING & DEVELOPMENT DEPARTMENT COMMUNITY DEVELOPMENT BOARD STAFF REPORT MEETING DATE: June 21, 2022 AGENDA ITEM: F.1. CASE: LUP2022-04004 REQUEST: To amend the Future Land Use Map designation from Residential Low (RL) to Institutional (I) GENERAL DATA: Agent............................... Owner............................. Todd Pressman, President, Pressman & Associates, Inc. St. Mary & St. Mina Coptic Orthodox Church Location .......................... 1885 County Road 193 located on the east side of County Road 193 approximately 500 feet south of Sunset Point Road Property Size ................... 2.618 acres Community Development Board – June 21, 2022 Revised for City Council 1st Reading – July 21, 2022 LUP2022-04004 - Page 2 of 12 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Institutional (I) District, necessitating the Future Land Use Map and Zoning Atlas Amendment applications so the existing church remained a conforming use upon annexation. The Future Land Use Map and Zoning Atlas Amendments were heard before the Community Development Board on February 17, 2015. Concerns about the increased number of uses permitted in the City’s Institutional (I) District, greater development intensity, traffic, and noise from the church property were raised during the hearing by the neighbors. After deliberation, the Community Development Board recommended approval to the City Council, and the City Council ultimately approved the annexation and future land use and zoning amendments on April 2, 2015. These concerns by the neighbors were also raised at the first City Council meeting on March 19, 2015. In early 2018, the applicant contacted staff because the church was looking to create a master plan, which included the addition of the subject property (the parcel north of the main campus). In late 2018, the applicant submitted a request to amend the Future Land Use Map designation from Residential Low (RL) to Institutional (I), case LUP2018-11008, and the Zoning Atlas designation from Low Medium Density Residential (LMDR) to Institutional (I), case REZ2018-12005. Staff recommended denial of these two proposed amendments to Institutional (I). The 2018 request did not include a site plan as part of the application package as they are not required; however, at the February 19, 2019, Community Development Board meeting, the applicants introduced a conceptual site plan that showed a new 28,000 square foot multi- function building on the subject property. As such, staff nor the board were able to adequately review the conceptual site plan prior to the meeting. At the February 19, 2019, Community Development Board meeting, concerns were again raised by the neighbors about the traffic, greater number of uses, increased development potential, and noise from the existing church property. Through discussion at the meeting, staff stated to the applicant and to the board that non-residential off-street parking was a permitted use in the existing Low Medium Density Residential (LMDR) District, and that pursuing this use would not require the need for the Future Land Use Map or Zoning Atlas Amendments. The applicant stated that they would be willing to continue the case to a date uncertain to allow for more discussions with staff, and the board voted unanimously to continue the case to a date uncertain. Due to inactivity on the application, and after numerous correspondence with the owner and the applicant, staff withdrew the application on September 24, 2019. It should be noted that the Clearwater Police Department has received nine calls for service related to noise at the main church campus. There was one call in 2016, five in 2017, two in 2018, none in 2019 and one in 2020. In late 2021, the applicant scheduled two pre-application meetings with staff to gather feedback on two conceptual site plans for the subject property and church property. The two conceptual site plans were like the one presented at the 2019 Community Development Board meeting, and staff recommended and encouraged the applicant to look for solutions where new structures were limited to the existing church parcel currently designated as Institutional (I). Staff also noted that expansion of the Institutional (I) future land use and zoning was inconsistent with many of the review criteria in the Code. The applicant has not submitted a site plan at this time but has indicated on the application that the proposed use of the subject property is a place of worship and responses to the review criteria indicate an expansion of the existing place of worship onto the subject property. The existing Institutional (I) future land use category on the main church campus to the south, 2930 CR 193, has a maximum development potential of up to 126,534 square feet. The existing development on the main Community Development Board – June 21, 2022 Revised for City Council 1st Reading – July 21, 2022 LUP2022-04004 - Page 3 of 12 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION church campus is approximately 29,247 square feet, which leaves a potential of up to 97,287 square feet of unrealized development potential on the site. The main church campus could support expansion of the church without the need to expand the Institutional (I) future land use category north to the subject property. Vicinity Characteristics: Maps 1 and 2 show the general location of the property and an aerial view of the amendment area and its surroundings. Map 1 Map 2 Map 3 shows the existing surrounding uses. Adjacent to the east and farther north along Sunset Point Road and Sunrise Drive are detached dwellings, and adjacent to the north is a community residential home. Adjacent to the south is the main St. Mary & St. Mina Coptic Orthodox Church, and further south across CR 193 is Paul B. Stephens School. To the west across CR 193 is Sylvan Abbey Funeral Home and a vacant tract of land owned by Sylvan Abbey, and to the southwest across CR 193 is a detached dwelling on a large tract of land also owned by Sylvan Abbey but under a 99-year ground lease. Community Development Board – June 21, 2022 Revised for City Council 1st Reading – July 21, 2022 LUP2022-04004 - Page 4 of 12 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Map 3 As shown on Map 4, the abutting future land use designations are Residential Suburban (RS) to the east, Residential Low (RL) to the north, and Institutional (I) to the south. Across CR 193 to the west, south and southwest is also Institutional (I). Residential Low (RL) also exists further north for the residential properties along Sunset Point Road. Community Development Board – June 21, 2022 Revised for City Council 1st Reading – July 21, 2022 LUP2022-04004 - Page 5 of 12 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Map 4 A comparison between the uses, densities and intensities allowed by the existing and proposed Future Land Use Map designations appears in Table 1, along with the consistent zoning districts. Table 1. Uses, Densities and Intensities Allowed by Existing and Proposed Future Land Use Designations Exsiting FLUM Designation Residential Low (RL) Proposed FLUM Designation Institutional (I) Primary Uses: Low Density Residential Public/Private Schools, Churches, Public Offices, Hospitals, Residential Equivalent Maximum Density: 5 Dwelling Units per Acre 12.5 Dwelling Units per Acre Maximum Intensity: FAR 0.40; ISR 0.65 FAR 0.65; ISR 0.85 Consistent Zoning Districts: Low Density Residential (LDR); Low Medium Density Residential (LMDR) Institutional (I) Community Development Board – June 21, 2022 Revised for City Council 1st Reading – July 21, 2022 LUP2022-04004 - Page 6 of 12 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION REVIEW CRITERIA: Consistency with the Clearwater Comprehensive Plan [Sections 4-603.F.1 and 4-603.F.2] Recommended Findings of Fact: Applicable goals, objective and policies of the Clearwater Comprehensive Plan which do not support the proposed amendment include: Goal A.2 A sufficient variety and amount of future land use categories shall be provided to accommodate public demand and promote infill development. Objective A.2.2 Future Land Use in the City of Clearwater shall be guided by the City’s Future Land Use Map, which shall be consistent with the Countywide Plan for Pinellas County (The Countywide Plan) including the Countywide Plan Map and shall be implemented through the City’s Community Development Code. Goal A.4. The City shall work toward a land use pattern that can be supported by the available community and public facilities that would be required to serve the development. Policy A.5.5.1 Development shall be designed to maintain and support the existing or envisioned character of the neighborhood. Policy B.1.4.1 The City will continue to review potential trips generated by requests for amendment to the Future Land Use Map. Policy B.1.5.1 The City shall continue to review trips generated by land development projects through the Mobility Management System. Additionally, as stated in the introduction of the City’s Comprehensive Plan Future Land Use Element, the goals, objectives and policies provide for sustainable redevelopment and infill development, as well as neighborhood preservation, and are “… designed to preserve and enhance community character and quality of life, while ensuring continued economic vitality of the community.” The current mix of future land use categories is generally sufficient in this area to support the character of the neighborhood, which is more rural in nature than most areas within the City of Clearwater. The residential neighborhood abutting to the east is a larger lot subdivision (between approximately 15,000 – 19,000 square feet on average) compared to many subdivisions in the city. Although institutional uses can be compatible within and near residential areas, the scale and operational characteristics of the use are important factors. The request as submitted does not demonstrate how the expansion of Institutional (I) future land use by an additional 2.618 acres, as proposed in the amendment, would not adversely affect the community character and quality of life of the overall neighborhood. While there are properties that are designated Institutional (I) in the vicinity, the largest is Sylvan Abbey funeral home and church which has direct access to Sunset Point Road, a minor arterial road. CR 193 is a two-lane, undivided local road that lacks sidewalks. There are several challenges along CR 193, most notably that it is a short dead-end road with no obvious solutions or opportunities to build a connection through a second outlet. As detailed below in the Public Facilities review, development of the subject site would likely lead to degradation of CR 193. A transportation management plan or traffic impact study would be required depending on the number of trips a development proposal Community Development Board – June 21, 2022 Revised for City Council 1st Reading – July 21, 2022 LUP2022-04004 - Page 7 of 12 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION adds to the road network. The Paul B. Stephens School and the existing church likely use a large portion of the roadway’s maximum capacity, and additional development would further strain the roadway. Staff is concerned that the expansion of the Institutional (I) future land use designation would allow additional development that is out of character or would have negative impacts in the area. Recommended Conclusions of Law: The request is inconsistent with the goals, objectives and policies of the Clearwater Comprehensive Plan and does not further said plan as indicated above. Consistency with the Countywide Rules Recommended Findings of Fact: The underlying Countywide Plan Map category on the proposed amendment area is Residential Low Medium (RLM). This Residential Low Medium (RLM) category is also to the north and east. Properties to the south and west are designated with the Public/Semi-Public (P/SP) category. Section 2.3.3.2 of the Countywide Rules states that the current Residential Low Medium (RLM) category is intended to depict areas that are now developed, or appropriate to be developed, in a suburban, low density or moderately dense residential manner; and to recognize such areas as primarily well-suited for residential uses that are consistent with the suburban qualities, transportation facilities, including transit, and natural resources of such areas. The proposed City of Clearwater future land use designation of Institutional (I) will necessitate a Countywide Plan Map amendment from the Residential Low Medium (RLM) category to the Public/Semi-Public (P/SP) category in order to maintain consistency between the City’s Future Land Use Map and the Countywide Plan Map. Section 2.3.3.10 of the Countywide Rules states that the Public/Semi-Public (P/SP) category is intended to recognize institutional and transportation/utility uses that serve the community or region, especially larger facilities having acreage exceeding the threshold established in other plan categories, and which are consistent with the need, character, and scale of such uses relative to the surrounding uses, transportation facilities, and natural resource features. Although the applicant has indicated the church’s intention is to expand the existing place of worship use to the north onto the subject site, the applicant has not submitted a site plan or provided enough information for staff to evaluate whether the increase in development potential across the subject parcel is compatible with the surrounding development and Countywide Plan Map categories. Expansion of this institutional use would be inconsistent with the character and scale of such a use relative to the uses surrounding the subject site and transportation facilities available to serve the site (CR 193). Recommended Conclusions of Law: The proposed Future Land Use Map Amendment will require an amendment to the Countywide Plan Map category from Residential Low Medium (RLM) to Public/Semi Public (P/SP). Although the proposed amendment is consistent with the purpose of the proposed category in the Countywide Rules, the expansion of this designation onto the subject property is inconsistent with the character and scale relative to the surrounding uses, transportation facilities, and natural resource features. Community Development Board – June 21, 2022 Revised for City Council 1st Reading – July 21, 2022 LUP2022-04004 - Page 8 of 12 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Compatibility with Surrounding Properties/Character of the City & Neighborhood [Section 4-603.F.3 and Section 4-603.F.6] Recommended Findings of Fact: Existing surrounding uses consist of detached dwellings to the north and east. To the south is the main St. Mary & St. Mina Coptic Orthodox Church campus, and further south along CR 193 is the Paul B. Stephens School. To the west is land owned by the Sylvan Abbey Memorial Park that is developed with various uses as previously discussed. The proposed Institutional (I) future land use category primarily permits residential equivalent uses at a density of 12.5 dwelling units per acre and 3 beds per dwelling unit, or nonresidential development at a floor area ratio (FAR) of 0.65. The future land use designations of surrounding properties include Residential Low (RL), Residential Suburban (RS) and Institutional (I). The proposed Institutional (I) future land use category, which primarily allows for public/private schools, churches, public offices or residential equivalent, is consistent with the church property adjacent to the south; however, the expansion of the Institutional (I) future land use category onto an additional 2.618 acres of land creates uncertainty regarding compatibility with the properties designated Residential Low (RL) and Residential Suburban (RS) future land use which exist to the north and east. Those future land use categories primarily permit low density residential uses. The main church campus appears to also be very active throughout the week with the number of services and activities they provide. According to their website, stmarystmina.com/#schedule, the earliest service starts at 4:45 am, and the latest service concludes at 9:45 pm. Further expansion would likely lead to an increase in the number of services, more scheduled times for services, or an increase in the number of members attending these services, which would likely lead to future negative impacts on the surrounding residential neighborhood. Recommended Conclusions of Law: The proposed expansion of the Institutional (I) future land use category will negatively impact the low- density residential character of the area. The addition of Institutional property is incompatible with surrounding uses and inconsistent with the character of the surrounding properties and neighborhood. Community Development Board – June 21, 2022 Revised for City Council 1st Reading – July 21, 2022 LUP2022-04004 - Page 9 of 12 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Sufficiency of Public Facilities [Section 4-603.F.4] Recommended Findings of Fact: To assess the sufficiency of public facilities needed to support potential development on the proposed amendment area, the maximum development potential of the property under the existing and proposed City Future Land Use Map designations were analyzed. Table 2. Development Potential for Existing & Proposed FLUM Designations Existing FLUM Designation “RL” Proposed FLUM Designation “I” Net Change Site Area 2.618 AC (114,040 SF) 2.618 AC (114,040 SF) Maximum Development Potential 13 DUs / 0 Beds1 45,616 SF 0.40 FAR 0 DUs2 / 96 Beds 74,126 SF 0.65 FAR -13 DUs / +96 Beds +28,510 SF +0.25 FAR Notes: 1. Residential equivalent uses are not permitted in the consistent Low Medium Density Residential (LMDR) District; therefore, the development potential is zero. 2. Residential uses are not permitted through the consistent Institutional (I) District; however, residential equivalent uses are permitted (3 beds per unit per acre). Abbreviations: FLUM – Future Land Use Map DUs – Dwelling Units AC – Acres FAR – Floor Area Ratio SF – Square feet As shown in the table, there is an increase in maximum development potential of over 28,000 square feet even though there is a reduction in the number of dwelling units able to be constructed. The following analysis compares the maximum potential development of the proposed Institutional (I) future land use developed with a 74,126 square foot non-residential use to the maximum development potential of the existing Residential Low (RL) future land use category developed with a maximum of 13 dwelling units. Potable Water The change in development potential from this amendment would result in an increase in potable water use of up to 3,669 gallons per day. This increase is determined by taking the potential potable water utilization of the proposed land use developed with the maximum square footage allowed (7,413 gallons per day) and subtracting it from the potential usage of a residential use built out at the maximum density permitted by the current land use designation (3,744 gallons per day). When comparing the potable water utilization of the maximum potential square footage of development (74,126 SF; 7,413 gallons per day) to the utilization of the existing detached dwelling (1 DU; 288 gallons per day) it shows that the proposed change could result in an increase of approximately 7,125 gallons per day. The City’s current potable water demand is 10.64 million gallons per day (MGD). The City’s adopted level of service (LOS) standard for potable water service is 120 gallons per day per capita, while the actual usage is estimated at 72 gallons per day per capita (2020 Annual Water Report). The City’s 10-year Water Supply Facilities Work Plan (2016-2026 Planning Period), completed October 2017, indicates that based on the Community Development Board – June 21, 2022 Revised for City Council 1st Reading – July 21, 2022 LUP2022-04004 - Page 10 of 12 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION updated water demand projections and other factors, the City has adequate water supply and potable water capacity for the 10-year planning horizon. Wastewater The change in development potential from this amendment would result in an increase in wastewater use of up to 2,561 gallons per day. This increase is determined by taking the potential wastewater utilization of the proposed land use developed with the maximum square footage allowed (5,930 gallons per day) and subtracting it from the potential usage of a residential use built out at the maximum density permitted by the current land use designation (3,369 gallons per day). When comparing the wastewater utilization of the maximum square footage potential (74,126 SF; 5,930 gallons per day) to the utilization of the existing detached dwelling development (1 DU; 259 gallons per day) it shows that the proposed change could result in an increase of approximately 5,671 gallons per day. The subject property is served by the Marshall Street Water Reclamation Facility, which presently has excess permitted capacity estimated to be 4.82 million gallons per day. Therefore, there is excess wastewater capacity to serve the amendment area. Solid Waste The change in development potential from this amendment would result in an increase of solid waste generated of up to 26.3 tons per year. This increase is determined by taking the utilization of the proposed land use developed with the maximum square footage permitted (59.3 tons per year) and subtracting it from the potential utilization of a residential use built out at the maximum density permitted by the current land use designation (33 tons per year). When comparing the solid waste generated from the maximum square footage potential (59.3 tons per year) to the solid waste generated by the existing detached dwelling use (2.5 tons per year) it shows that the proposed change could result in an increase of approximately 56.8 tons per year. Pinellas County handles all solid waste disposal at the Pinellas County Waste-to-Energy Plant and the Bridgeway Acres Sanitary Landfill, which has significant capacity. Additionally, the city provides a full- service citywide recycling program which diverts waste from the landfill, helping to extend the lifespan of Bridgeway Acres. There is excess solid waste capacity to serve the amendment area. Parkland Under both the existing and proposed land use, the LOS citywide will continue to exceed the adopted LOS of 4 acres per 1,000 residents. The city is currently providing 7.95 acres of parkland per 1,000 residents. This is calculated using the most recent ACS estimate of 2.4 persons per household within the City of Clearwater. Based on this impact analysis, the current provision of 7.95 acres of parkland per 1,000 would remain unchanged [Source: Parks and Recreation Facilities Impact Fee Study, prepared by Benesch (formerly Tindale Oliver) May 23, 2022]. Amending a property’s future land use or zoning designation does not have an immediate impact on the City’s Parks and Recreation system and parkland requirements. Impacts are felt when development occurs. This Future Land Use Map amendment will have no additional impact on parkland. Community Development Board – June 21, 2022 Revised for City Council 1st Reading – July 21, 2022 LUP2022-04004 - Page 11 of 12 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Stormwater Site plan approval will be required before the property can be redeveloped. At that time, the stormwater management system for the site will be required to meet all City and Southwest Florida Water Management District (SWFWMD) stormwater management criteria. Streets The subject property is located on the east side of CR 193 approximately 500 feet south of Sunset Point Road. To evaluate potential impacts to streets, the typical traffic impacts figure (trips per day per acre) in the Countywide Rules for the corresponding Countywide Plan Map categories (current and proposed) are compared. The current number of trips per day (175 trips) is calculated based on the traffic generation numbers for the Residential Low Medium (RLM) category (67 trips per day per acre), and the proposed number of trips under the Public/Semi-Public (P/SP) category would be 272 trips (104 trips per day per acre). This could be an increase of 97 trips from the subject property. Additionally, depending on the number of trips generated by a proposed development, a transportation management plan or traffic impact study could be required. As stated before, CR 193 is a two-lane, undivided, dead-end road that lacks sidewalks. There are no obvious solutions or opportunities to build a connection through a second outlet to another roadway, or to Sunset Point Road. These right-of-way constraints, along with Paul B. Stephens School and the existing church using a large portion of CR 193’s maximum capacity, would likely be further exacerbated by additional institutional development. Recommended Conclusions of Law: Based upon the findings of fact, the proposed expansion would increase the demand on several of the public facilities when compared to the existing residential development; however, it is determined that the proposed change will not result in the degradation of the existing levels of service for potable water, sanitary sewer, solid waste, parkland, and stormwater management. Degradation to the level of service for streets would likely occur with this proposed amendment. Impact on Natural Resources [Section 4-603.F.5] Recommended Findings of Fact: No wetlands appear to be located on the subject property. The City’s codes require that development is compliant with the City’s tree preservation, landscaping and stormwater management requirements. Recommended Conclusions of Law: Based on the findings of fact, it is determined that the proposed Future Land Use Map Amendment will not negatively impact natural resources on the subject property. Community Development Board – June 21, 2022 Revised for City Council 1st Reading – July 21, 2022 LUP2022-04004 - Page 12 of 12 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION SUMMARY AND RECOMMENDATION: No amendment to the Comprehensive Plan or Future Land Use Map shall be recommended for approval or receive a final action of support unless it complies with the standards contained in Section 4-603.F, Community Development Code. Table 3 below depicts the consistency of the proposed amendment with the standards under to Section 4-603.F: Table 3. Consistency with Community Development Code Standards for Review CDC Section 4-603 Standard Consistent Inconsistent F.1 The amendment will further implementation of the Comprehensive Plan consistent with the goals, policies and objectives contained in the Plan. X F.2 The amendment is not inconsistent with other provisions of the Comprehensive Plan. X F.3 The available uses, if applicable, to which the properties may be put are appropriate to the properties in question and compatible with existing and planned uses in the area. X F.4 Sufficient public facilities are available to serve the properties. X F.5 The amendment will not adversely affect the natural environment. X F.6 The amendment will not adversely impact the use of properties in the immediate area. X Based on the foregoing, the Planning and Development Department recommends the following action: Recommend DENIAL of the Future Land Use Map Amendment from Residential Low (RL) to Institutional (I). Prepared by Planning and Development Department Staff: Kyle Brotherton Senior Planner ATTACHMENTS: Ordinance No. 9577-22 Resume Photographs of Site and Vicinity Ordinance No. 9577-22 ORDINANCE NO. 9577-22 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE LAND USE DESIGNATION FOR CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF CR 193 APPROXIMATELY 500 FEET SOUTH OF SUNSET POINT ROAD, WHOSE POST OFFICE ADDRESS IS 1885 CR 193, CLEARWATER, FLORIDA 33759, FROM RESIDENTIAL LOW (RL), TO INSTITUTIONAL (I); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the Future Land Use Element of the Comprehensive Plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The Future Land Use Element of the Comprehensive Plan of the City of Clearwater is amended by designating the land use category for the hereinafter described properties, as follows: Properties Land Use Category See attached Exhibit “A” for legal description; From: Residential Low (RL) To Institutional (I) (LUP2022-04004) The map attached as Exhibit “B” is hereby incorporated by reference. Section 2. The City Council does hereby certify that this ordinance is consistent with the City’s Comprehensive Plan. Section 3. This ordinance shall take effect contingent upon approval of the countywide plan land use designation by the Pinellas County Board of Commissioners, where applicable, and thirty-one (31) days post-adoption. If this ordinance is appealed within thirty (30) days after adoption, then this ordinance will take effect only after approval of the 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 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. Ordinance No. 9577-22 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”  LUP2022‐04004 & REZ2022‐04004, 1885 County Road (CR) 193, 05‐29‐16‐00000‐410‐0300  A part of the Northwest ¼ of the North ½ of the Northeast ¼ of the Southeast ¼ of SecƟon 5, Township  29 South, Range 16 East Pinellas County, Florida: and being more parƟcularly described as follows:  Commencing at the northwest corner of the Northeast ¼ of the Southeast ¼ of said SecƟon 5, thence  South 89 degr. 41’18” East 30.00 feet to the East right‐of‐way line of County Road No. 193: thence South  00 deg. 18’48” West along the East right‐of‐way line of said County Road No. 193 a distance of 155.47  feet to the Point of Beginning.  Thence conƟnue South 89 deg. 41’18” East a distance of 540.12 feet; thence South 00 deg. 19’04” West s  distance of 178.23 feet; thence North 89 deg . 40’15” West a distance of 540.11feet; thence North 00  deg. 18’48” East a distance of 178.07 feet to the Point of Beginning. A survey of a part of the North half  (1/2)of the Northwest ¼ of the Northeast 1/4of the Southeast ¼ of SecƟon 5, Township 29 South,Range  16 East, Pinellas County , Florida described as follows: Commencing at the Northwest corner of the  Northeast ¼ of the Southeast ¼ of said SecƟon 5; thence south 89 deg. 41’18” East, 30.00 feet to the  East right‐of‐wayline of County Road No. 193; thence South 00 deg. 18’48 West, along the east right‐of‐ way line of said County Road No. 193, 155.47 feet; thence South 89 deg. 41’18 East, 540.12 feet for the  Point of Beginning; thence South 89 deg. 41’18 East 99.99; thence South 00 deg. 18’45”West 178.26  feet; thence North 89 deg. 40’15” West, 100.00 feet thence North 00 deg. 19’04” East, 178.23 feet to the  Point of Beginning.  Subject to easements and restricƟons of record.  Exhibit “B” PROPOSED FUTURE LAND USE MAP Owner(s): St. Mary & St. Mina Coptic Orthodox Church Case: LUP2022-04004 REZ2022-04004 Site: 1885 CR 193 Property Size(Acres): 2.618 Land Use Zoning PIN: 05-29-16-00000-410-0300 From: Residential Low (RL) Low Medium Density Residential (LMDR) To: Institutional (I) Institutional (I) Atlas Page: 264B LUP2022-04004 & REZ2022-04004 St. Mina & St. Mary Coptic Orthodox Church 1885 County Road (CR) 193 View looking east at subject property 1885 CR 193 South of the subject property North of the subject property Across the street, to the west of the subject property View looking northerly along CR 193 View looking southerly along CR 193 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: REZ2022-04004b Agenda Date: 8/4/2022 Status: Second ReadingVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 9.11 SUBJECT/RECOMMENDATION: Withdrawn: Deny a Zoning Atlas Amendment from the Low Medium Density Residential (LMDR) District to the Institutional (I) District for the property located at 1885 County Road (CR) 193 and do not pass Ordinance 9578-22 on first reading. (REZ2022-04004) SUMMARY: Note - Case was withdrawn prior to first reading; it was noticed for second reading on August 4, 2022. This Zoning Atlas Amendment involves a 2.618-acre property located on the east side of CR 193 approximately 500 feet south of Sunset Point Road. The applicant, St. Mary and St. Mina Coptic Orthodox Church, is requesting to rezone the property from the Low Medium Density Residential (LMDR) District to the Institutional (I) District. The applicant has submitted a Future Land Use Map Amendment, which is being processed concurrently with this case (LUP2022-04004). The subject property is currently developed with a detached dwelling which was constructed in 1973. In 2006, the property was annexed into the city by ordinance No. 7683-06, with subsequent ordinances establishing the future land use of Residential Low (RL) and zoning designation of Low Medium Density Residential (LMDR). St. Mary and St. Mina Coptic Orthodox Church (hereinafter the Church) purchased the property in 2015. The Church also owns the property adjacent to the south, 2930 CR 193, and operates their main Church campus from this site which consists of three buildings totaling just under 30,000 square feet of development of 4.469± acres. Site plans are not required as part of rezoning applications; however, the applicant has previously brought forward conceptual site plans that propose a two-story, 28,000 square foot multi-use building with associated parking on the subject property and rearranged parking on the main Church property, including during pre-application meetings earlier this year. Staff has not formally reviewed the site plan, but previous comments focused on the increase of permitted uses in the requested Institutional (I) zoning district and development potential in the consistent future land use category, as well as concerns about additional traffic. Staff encouraged the applicant to explore site design options where future vertical development is limited to the main Church parcel to the south which is already designated Institutional (I) District, and to explore ways to mitigate impacts to surrounding properties. The proposed expansion of the Institutional (I) zoning district would negatively impact the low-density character of the area. The addition of Institutional property as proposed is incompatible with surrounding uses and inconsistent with the character of the surrounding properties and neighborhood. Additionally, the increase in development would likely lead to Page 1 City of Clearwater Printed on 8/3/2022 File Number: REZ2022-04004b traffic capacity issues along CR 193, a dead-end roadway that lacks sidewalks and has no opportunities to connect to Sunset Point Road or another outlet. The main Church campus to the south, 2930 CR 193, has a maximum development potential of up to 126,534 square feet based on its current designation of Institutional (I) on the city’s Future Land Use Map. The existing development is approximately 29,247 square feet, which leaves up to 97,287 square feet of unrealized development potential on the site. The main Church campus could support expansion of the Church without the need to extend the Institutional (I) zoning district north to the subject property. The Planning and Development Department has determined that the proposed Zoning Atlas Amendment is not consistent with the provisions of the Community Development Code as specified below: ·The proposed amendment is not consistent with the Comprehensive Plan and the Community Development Code. ·The available uses in the Institutional (I) District are not compatible with the surrounding area. ·The proposed amendment is not compatible with the surrounding property and character of the neighborhood. ·The proposed amendment will adversely or unreasonably affect the use of other property in the area. ·The proposed amendment will not adversely burden public facilities, excluding the traffic-carrying capacities of streets, in an unreasonably or disproportionate manner. The Community Development Board reviewed this application at its June 21, 2022 public hearing and made a unanimous recommendation of denial to City Council. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 8/3/2022 PLANNING & DEVELOPMENT DEPARTMENT COMMUNITY DEVELOPMENT BOARD STAFF REPORT MEETING DATE: June 21, 2022 AGENDA ITEM: F.2. CASE: REZ2022-04004 REQUEST: To amend the Zoning Atlas designation from Low Medium Density Residential (LMDR) to Institutional (I) GENERAL DATA: Agent................................ Owner ............................. Todd Pressman, President, Pressman & Associates, Inc. St. Mary & St. Mina Coptic Orthodox Church Location ......................... 1885 County Road 193 located on the east side of County Road 193 approximately 500 feet south of Sunset Point Road Property Size................... 2.618 acres Background: This case involves a 2.618-acre property located on the east side of County Road (CR) 193 approximately 500 feet south of Sunset Point Road. A detached dwelling which was constructed in 1973 occupies the site. The subject property was annexed into the City in 2006 by Ordinance No. 7683-06, with Ordinance No. 7684-06 setting the initial future land use category of Residential Low (RL) and Ordinance No. 7685-06 setting the initial zoning designation of Low Medium Density Residential (LMDR). The current owner, St. Mary & St. Mina Coptic Orthodox Church, which is located on the parcel to the south (2930 CR 193), purchased the property in June 2015. The request is to change the Zoning Atlas designation of the subject property from the Low Medium Density Residential (LMDR) District to the Institutional (I) District. A request to amend the property’s Future Land Use Map category from Residential Low (RL) to Institutional (I) is being processed concurrently with this case (see LUP2022-04004). The church’s campus (2930 CR 193) is comprised of three buildings which total just under 30,000 square feet of development on 4.469 acres. In late 2007, the church approached the city requesting annexation in order to connect to the City’s sewer system. However, as the closest sanitary sewer manhole was to the east in the Castle Woods Drive right-of-way it was not readily available. After six months of inactivity, staff withdrew the petition. In 2014, the City’s Public Utilities Department was expanding sanitary sewer service in certain areas of the city, one of the areas being on CR 193. In late 2014, the church again requested annexation in order to connect to the City’s sanitary sewer system during the expansion work. Applications to amend the church’s future land use and zoning designations to Institutional (I) were also submitted, and the three cases were Community Development Board – June 21, 2022 REZ2022-04004 - Page 2 of 11 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION reviewed concurrently. The Community Development Code only permits places of worship within the Institutional (I) District, necessitating the Future Land Use Map and Zoning Atlas Amendment applications so the existing church remained a conforming use upon annexation. The Future Land Use Map and Zoning Atlas Amendments were heard before the Community Development Board on February 17, 2015. Concerns about the increased number of uses permitted in the City’s Institutional (I) District, greater development intensity, traffic, and noise from the church property were raised during the hearing by the neighbors. After deliberation, the Community Development Board recommended approval to the City Council, and the City Council ultimately approved the annexation and future land use and zoning amendments on April 2, 2015. These concerns by the neighbors were also raised at the first City Council meeting on March 19, 2015. In early 2018, the applicant contacted staff because the church was looking to create a master plan, which included the addition of the subject property (the parcel north of the main campus). In late 2018, the applicant submitted a request to amend the Future Land Use Map designation from Residential Low (RL) to Institutional (I), case LUP2018-11008, and the Zoning Atlas designation from Low Medium Density Residential (LMDR) to Institutional (I), case REZ2018-12005. Staff recommended denial of these two proposed amendments to Institutional (I). The 2018 request did not include a site plan as part of the application package as they are not required; however, at the February 19, 2019 Community Development Board meeting, the applicants introduced a conceptual site plan that showed a new 28,000 square foot multi- function building on the subject property. As such, staff nor the board were able to adequately review the conceptual site plan prior to the meeting. At the February 19, 2019, Community Development Board meeting, concerns were again raised by the neighbors about the traffic, increased number of uses, greater development potential, and noise from the existing church property. Through discussion at the meeting, staff stated to the applicant and to the board that non-residential off-street parking was a permitted use in the existing Low Medium Density Residential (LMDR) District, and that pursuing this use would not require the need for the Future Land Use Map or Zoning Atlas Amendments. The applicant stated that they would be willing to continue the case to a date uncertain to allow for more discussions with staff, and the board voted unanimously to continue the case to a date uncertain. Due to inactivity on the application, and after numerous correspondence with the owner and the applicant, staff withdrew the application on September 24, 2019. It should be noted that the Clearwater Police Department has received nine calls for service related to noise at the main church campus. There was one call in 2016, five in 2017, two in 2018, none in 2019, and one in 2020. In late 2021, the applicant scheduled two pre-application meetings with staff to gather feedback on two conceptual site plans for the subject property and church property. The two conceptual site plans were like the one presented at the 2019 Community Development Board meeting, and staff recommended and encouraged the applicant to look for solutions where new structures were limited to the existing church parcel currently designated as Institutional (I). Staff also noted that expansion of the Institutional (I) future land use and zoning was inconsistent with many of the review criteria in the Code. The applicant has not submitted a site plan at this time but has indicated on the application that the proposed use of the subject property is a place of worship and responses to the review criteria indicate an expansion of the existing place of worship onto the subject property. Community Development Board – June 21, 2022 REZ2022-04004 - Page 3 of 11 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION The existing Institutional (I) future land use category on the main church campus to the south, 2930 CR 193, has a maximum development potential of up to 126,534 square feet. The existing development on the main church campus is approximately 29,247 square feet, which leaves a potential of up to 97,287 square feet of unrealized development potential on the site. The main church campus could support expansion of the church without the need to expand the Institutional (I) future land use category and the consistent Institutional (I) zoning district north to the subject property. Vicinity Characteristics: Maps 1 and 2 show the general location of the property and an aerial view of the amendment area and its surroundings. Map 1 Map 2 Map 3 shows the existing surrounding uses. Adjacent to the east and farther north along Sunset Point Road and Sunrise Drive are detached dwellings, and adjacent to the north is a community residential home. Adjacent to the south is the main St. Mary & St. Mina Coptic Orthodox Church, and further south across CR 193 is Paul B. Stephens School. To the west across CR 193 is Sylvan Abbey Funeral Home and a vacant tract of land owned by Sylvan Abbey, and to the southwest across CR 193 is a detached dwelling on a large tract of land also owned by Sylvan Abbey but under a 99-year ground lease. Community Development Board – June 21, 2022 REZ2022-04004 - Page 4 of 11 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Map 3 As shown on Map 4, the Zoning Atlas designations around the property are Low Medium Density Residential (LMDR) abutting to the north and east. Institutional (I) abuts the property to the south and exists to the west and further south across CR 193. Community Development Board – June 21, 2022 REZ2022-04004 - Page 5 of 11 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Map 4 REVIEW CRITERIA: Consistency with the Clearwater Comprehensive Plan and Community Development Code and Regulations [Section 4-602.F.1] Recommended Findings of Fact: Applicable goal, objective and policies of the Clearwater Comprehensive Plan that do not support of the proposed amendment include: Objective A.2.2 Future Land Use in the City of Clearwater shall be guided by the City’s Future Land Use Map, which shall be consistent with the Countywide Plan for Pinellas County (The Countywide Plan) including the Countywide Plan Map and shall be implemented through the City’s Community Development Code. Goal A.4. The City shall work toward a land use pattern that can be supported by the available community and public facilities that would be required to serve the development. Policy A.5.5.1 Development shall be designed to maintain and support the existing or envisioned character of the neighborhood. Policy B.1.4.1 The City will continue to review potential trips generated by requests for amendment to the Future Land Use Map. Community Development Board – June 21, 2022 REZ2022-04004 - Page 6 of 11 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Policy B.1.5.1 The City shall continue to review trips generated by land development projects through the Mobility Management System. Additionally, as stated in the introduction of the City’s Comprehensive Plan Future Land Use Element, the goals, objectives and policies provide for sustainable redevelopment and infill development, as well as neighborhood preservation, and are “… designed to preserve and enhance community character and quality of life, while ensuring continued economic vitality of the community.” Applicable section of the Community Development Code to the proposed amendment: Division 12. Institutional District, Section 2-1201. Intent and Purpose. The intent and purpose of the Institutional “I” District is to establish areas where public and private organizations can establish and operate institutions with a public interest in support of the quality of life of the citizens of the City of Clearwater without adversely impacting the integrity of adjacent residential neighborhoods, diminishing the scenic quality of the City of Clearwater or negatively impacting the safe and efficient movement of people and things within the City of Clearwater. The residential neighborhood abutting to the east is a larger lot subdivision (between approximately 15,000 – 19,000 square feet on average) compared to many subdivisions in the city. Although institutional uses can be compatible within and near residential areas, the scale and operational characteristics of the use are important factors. The request as submitted does not demonstrate how the expansion of the Institutional (I) District by an additional 2.618 acres, as proposed in the amendment, would not adversely affect the community character and quality of life of the overall neighborhood. While there are properties that are designated Institutional (I) in the vicinity, the largest is Sylvan Abbey funeral home and church which has direct access to Sunset Point Road, a minor arterial road. CR 193 is a two-lane, undivided local road that lacks sidewalks. There are several challenges along CR 193, most notably that it is a short dead-end road with no obvious solutions or opportunities to build a connection through a second outlet. As detailed below in the Public Facilities review, development of the subject site would likely lead to degradation of CR 193. A transportation management plan or traffic impact study would be required depending on the number of trips a development proposal adds to the road network. The Paul B. Stephens School and the existing church likely use a large portion of the roadway’s maximum capacity, and additional development would further strain the roadway. Staff is concerned that the expansion of the Institutional (I) zoning district would allow additional development that would adversely impact the adjacent residential neighborhoods, diminish the scenic qualities of the CR 193 area, and negatively impact of the movement of the residents who live in the adjacent neighborhood. Recommended Conclusions of Law: The request is inconsistent with the goals, objectives and policies of the Clearwater Comprehensive Plan and conflicts with said plan and the Community Development Code as indicated above. Community Development Board – June 21, 2022 REZ2022-04004 - Page 7 of 11 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Compatibility with Surrounding Properties/Character of the City & Neighborhood [Section 4-602.F.2, 4-602.F.3 and Section 4-602.F.4] Recommended Findings of Fact: Existing surrounding uses consist of detached dwellings to the north and east. To the south is the main St. Mary & St. Mina Coptic Orthodox Church campus, and further south along CR 193 is the Paul B. Stephens school. To the west is land owned by the Sylvan Abbey Memorial Park that is developed with various uses as previously discussed. The proposed Institutional (I) zoning district, which primarily allows for public/private schools, churches, public offices or residential equivalent, is consistent with the church property adjacent to the south; however, the expansion of the Institutional (I) District onto an additional 2.618 acres of land creates uncertainty regarding compatibility with the properties designated as the Low Medium Density (LMDR) District which exist to the north and east and allows primarily detached dwellings. The main church campus appears to also be very active throughout the week with the number of services and activities they provide. According to their website, stmarystmina.com/#schedule, the earliest service starts at 4:45 am, and the latest services concludes at 9:45 pm. Further expansion would likely lead to an increase in the number of services, more scheduled times for services, or an increase in the number of members attending these services, which would likely lead to future negative impacts on the surrounding residential neighborhood. Recommended Conclusions of Law: The proposed expansion of the Institutional (I) zoning district would negatively impact the low-density residential character of the area. The addition of Institutional property is incompatible with surrounding uses and inconsistent with the character of the surrounding properties and neighborhood. Sufficiency of Public Facilities [Section 4-602.F.5] Recommended Findings of Fact: Even though this is a Zoning Atlas Amendment application, maximum development potential is based on the underlying future land use, so to assess the sufficiency of public facilities needed to support potential development on the proposed property, the maximum development potential under the existing Future Land Use Map designation was analyzed. Community Development Board – June 21, 2022 REZ2022-04004 - Page 8 of 11 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Table 1. Development Potential for Existing & Proposed FLUM Designations Existing FLUM Designation “RL” Proposed FLUM Designation “I” Net Change Site Area 2.618 AC (114,040 SF) 2.618 AC (114,040 SF) Maximum Development Potential 13 DUs / 0 Beds1 45,616 SF 0.40 FAR 0 DUs2 / 96 Beds 74,126 SF 0.65 FAR -13 DUs / +96 Beds +28,510 SF +0.25 FAR Notes: 1. Residential equivalent uses are not permitted in the consistent Low Medium Density Residential (LMDR) District; therefore, the development potential is zero. 2. Residential uses are not permitted through the consistent Institutional (I) District; however, residential equivalent uses are permitted (3 beds per unit per acre). Abbreviations: FLUM – Future Land Use Map DUs – Dwelling Units AC – Acres FAR – Floor Area Ratio SF – Square feet As shown in the table, there is an increase in maximum development potential of over 28,000 square feet even though there is a reduction in the number of dwelling units able to be constructed. The following analysis compares the maximum potential development of the proposed Institutional (I) future land use developed with a 74,126 square foot non-residential use to the maximum development potential of the existing Residential Low (RL) future land use category developed with a maximum of 13 dwelling units. Potable Water The change in development potential from this amendment would result in an increase in potable water use of up to 3,669 gallons per day. This increase is determined by taking the potential potable water utilization of the proposed land use developed with the maximum square footage allowed (7,413 gallons per day) and subtracting it from the potential usage of a residential use built out at the maximum density permitted by the current land use designation (3,744 gallons per day). When comparing the potable water utilization of the maximum potential square footage of development (74,126 SF; 7,413 gallons per day) to the utilization of the existing detached dwelling (1 DU; 288 gallons per day) it shows that the proposed change could result in an increase of approximately 7,125 gallons per day. The City’s current potable water demand is 10.64 million gallons per day (MGD). The City’s adopted level of service (LOS) standard for potable water service is 120 gallons per day per capita, while the actual usage is estimated at 72 gallons per day per capita (2020 Annual Water Report). The City’s 10-year Water Supply Facilities Work Plan (2016-2026 Planning Period), completed October 2017, indicates that based on the updated water demand projections and other factors, the City has adequate water supply and potable water capacity for the 10-year planning horizon. Community Development Board – June 21, 2022 REZ2022-04004 - Page 9 of 11 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Wastewater The change in development potential from this amendment would result in an increase in wastewater use of up to 2,561 gallons per day. This increase is determined by taking the potential wastewater utilization of the proposed land use developed with the maximum square footage allowed (5,930 gallons per day) and subtracting it from the potential usage of a residential use built out at the maximum density permitted by the current land use designation (3,369 gallons per day). When comparing the wastewater utilization of the maximum square footage potential (74,126 SF; 5,930 gallons per day) to the utilization of the existing detached dwelling development (1 DU; 259 gallons per day) it shows that the proposed change could result in an increase of approximately 5,671 gallons per day. The subject property is served by the Marshall Street Water Reclamation Facility, which presently has excess permitted capacity estimated to be 4.82 million gallons per day. Therefore, there is excess wastewater capacity to serve the amendment area. Solid Waste The change in development potential from this amendment would result in an increase of solid waste generated of up to 26.3 tons per year. This increase is determined by taking the utilization of the proposed land use developed with the maximum square footage permitted (59.3 tons per year) and subtracting it from the potential utilization of a residential use built out at the maximum density permitted by the current land use designation (33 tons per year). When comparing the solid waste generated from the maximum square footage potential (59.3 tons per year) to the solid waste generated by the existing detached dwelling use (2.5 tons per year) it shows that the proposed change could result in an increase of approximately 56.8 tons per year. Pinellas County handles all solid waste disposal at the Pinellas County Waste-to-Energy Plant and the Bridgeway Acres Sanitary Landfill, which has significant capacity. Additionally, the City provides a full- service citywide recycling program which diverts waste from the landfill, helping to extend the lifespan of Bridgeway Acres. There is excess solid waste capacity to serve the amendment area. Parkland Under both the existing and proposed land use, the LOS citywide will continue to exceed the adopted LOS of 4 acres per 1,000 residents. The city is currently providing 7.95 acres of parkland per 1,000 residents. This is calculated using the most recent ACS estimate of 2.4 persons per household within the City of Clearwater. Based on this impact analysis, the current provision of 7.95 acres of parkland per 1,000 would remain unchanged [Source: Parks and Recreation Facilities Impact Fee Study, prepared by Benesch (formerly Tindale Oliver) May 23, 2022]. Amending a property’s future land use or zoning designation does not have an immediate impact on the City’s Parks and Recreation system and parkland requirements. Impacts are felt when development occurs. This Zoning Atlas Amendment will have no additional impact on parkland. Community Development Board – June 21, 2022 REZ2022-04004 - Page 10 of 11 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Stormwater Site plan approval will be required before the property can be redeveloped. At that time, the stormwater management system for the site will be required to meet all City and SWFWMD stormwater management criteria. Streets The subject property is located on the east side of CR 193 approximately 500 feet south of Sunset Point Road. To evaluate potential impacts to streets, the typical traffic impacts figure (trips per day per acre) in the Countywide Rules for the corresponding Countywide Plan Map categories (current and proposed) are compared. The current number of trips per day (175 trips) is calculated based on the traffic generation numbers for the Residential Low Medium (RLM) category (67 trips per day per acre), and the proposed number of trips under the Public/Semi-Public (P/SP) category would be 272 trips (104 trips per day per acre). This could be an increase of 97 trips from the subject property. Additionally, depending on the number of trips generated by a proposed development, a transportation management plan or traffic impact study could be required. As stated before, CR 193 is a two-lane, undivided, dead-end road that lacks sidewalks. There are no obvious solutions or opportunities to build a connection through a second outlet to another roadway, or to Sunset Point Road. These right-of-way constraints, along with Paul B. Stephens School and the existing church using a large portion of CR 193’s maximum capacity, would likely be further exacerbated by additional institutional development. Recommended Conclusions of Law: Based upon the findings of fact, the proposed expansion would increase the demand on several of the public facilities when compared to the existing residential development; however, it is determined that the proposed change will not result in the degradation of the existing levels of service for potable water, sanitary sewer, solid waste, parkland, and stormwater management. Degradation to the level of service for streets would likely occur with this proposed amendment. Location of District Boundaries [Section 4-602.F.6] Recommended Findings of Fact: The location of the proposed Institutional (I) District boundaries is consistent with the signed and sealed legal description provided by a licensed land surveyor and with the boundaries on the subject property. Recommended Conclusions of Law: The District boundaries are appropriately drawn in regard to location and classifications of streets, ownership lines, existing improvements and the natural environment. Community Development Board – June 21, 2022 REZ2022-04004 - Page 11 of 11 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION SUMMARY AND RECOMMENDATION: No amendment to the Zoning Atlas shall be recommended for approval or receive a final action of approval unless it complies with the standards contained in Section 4-602.F, Community Development Code. Table 2 below depicts the consistency of the proposed amendment with the standards under Section 4-602.F: Table 2. Consistency with Community Development Code Standards for Review CDC Section 4-602 Standard Consistent Inconsistent F.1 The proposed amendment is consistent with and features the goals, policies and objectives of the Comprehensive Plan and furthers the purposes of this Development Code and other city ordinances and actions designed to implement the plan. X F.2 The available uses to which the property may be put are appropriate to the property which is subject to the proposed amendment and compatible with existing and planned uses in the area. X F.3 The amendment does not conflict with the needs and character of the neighborhood and the city. X F.4 The amendment will not adversely or unreasonably affect the use of other property in the area. X F.5 The amendment will not adversely burden public facilities, including the traffic-carrying capacities of streets, in an unreasonably or disproportionate manner. X F.6 The district boundaries are appropriately drawn with due regard to locations and classifications of streets, ownership lanes, existing improvements and the natural environment. X Based on the foregoing, the Planning and Development Department recommends the following action: Recommend DENIAL of the Zoning Atlas Amendment from the Low Medium Density Residential (LMDR) District to the Institutional (I) District. Prepared by Planning and Development Department Staff: ________ Kyle Brotherton Senior Planner ATTACHMENTS: Ordinance No. 9578-22 Resume Photographs of Site and Vicinity Ordinance No. 9578-22 ORDINANCE NO. 9578-22 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY REZONING CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF CR 193 APPROXIMATELY 500 FEET SOUTH OF SUNSET POINT ROAD, WHOSE POST OFFICE ADDRESS IS 1885 CR 193, CLEARWATER, FLORIDA 33759, FROM LOW MEDIUM DENSITY RESIDENTIAL (LMDR) TO INSTITUTIONAL (I); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in the City of Clearwater, Florida, is hereby rezoned as indicated, and the Zoning Atlas of the City is amended, as follows: The map attached as Exhibit “B” is hereby incorporated by reference. Section 2. The City Engineer is directed to revise the Zoning Atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect contingent upon and at such time that Ordinance 9577-22 becomes effective. Property Zoning District See attached Exhibit “A” for legal description; From: Low Medium Density Residential (LMDR) To: Institutional (I) (REZ2022-04004) Ordinance No. 9578-22 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”  LUP2022‐04004 & REZ2022‐04004, 1885 County Road (CR) 193, 05‐29‐16‐00000‐410‐0300  A part of the Northwest ¼ of the North ½ of the Northeast ¼ of the Southeast ¼ of SecƟon 5, Township  29 South, Range 16 East Pinellas County, Florida: and being more parƟcularly described as follows:  Commencing at the northwest corner of the Northeast ¼ of the Southeast ¼ of said SecƟon 5, thence  South 89 degr. 41’18” East 30.00 feet to the East right‐of‐way line of County Road No. 193: thence South  00 deg. 18’48” West along the East right‐of‐way line of said County Road No. 193 a distance of 155.47  feet to the Point of Beginning.  Thence conƟnue South 89 deg. 41’18” East a distance of 540.12 feet; thence South 00 deg. 19’04” West s  distance of 178.23 feet; thence North 89 deg . 40’15” West a distance of 540.11feet; thence North 00  deg. 18’48” East a distance of 178.07 feet to the Point of Beginning. A survey of a part of the North half  (1/2)of the Northwest ¼ of the Northeast 1/4of the Southeast ¼ of SecƟon 5, Township 29 South,Range  16 East, Pinellas County , Florida described as follows: Commencing at the Northwest corner of the  Northeast ¼ of the Southeast ¼ of said SecƟon 5; thence south 89 deg. 41’18” East, 30.00 feet to the  East right‐of‐wayline of County Road No. 193; thence South 00 deg. 18’48 West, along the east right‐of‐ way line of said County Road No. 193, 155.47 feet; thence South 89 deg. 41’18 East, 540.12 feet for the  Point of Beginning; thence South 89 deg. 41’18 East 99.99; thence South 00 deg. 18’45”West 178.26  feet; thence North 89 deg. 40’15” West, 100.00 feet thence North 00 deg. 19’04” East, 178.23 feet to the  Point of Beginning.  Subject to easements and restricƟons of record.  Exhibit “B” PROPOSED ZONING MAP Owner(s): St. Mary & St. Mina Coptic Orthodox Church Case: LUP2022-04004 REZ2022-04004 Site: 1885 CR 193 Property Size(Acres): 2.618 Land Use Zoning PIN: 05-29-16-00000-410-0300 From: Residential Low (RL) Low Medium Density Residential (LMDR) To: Institutional (I) Institutional (I) Atlas Page: 264B LUP2022-04004 & REZ2022-04004 St. Mina & St. Mary Coptic Orthodox Church 1885 County Road (CR) 193 View looking east at subject property 1885 CR 193 South of the subject property North of the subject property Across the street, to the west of the subject property View looking northerly along CR 193 View looking southerly along CR 193 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0752 Agenda Date: 8/4/2022 Status: City Manager ReportVersion: 1 File Type: Action ItemIn Control: Finance Agenda Number: 10.1 SUBJECT/RECOMMENDATION: Approve the allocation of American Rescue Plan Act (ARPA) Coronavirus Local Fiscal Recovery Funds in the amount of $22,483,893 to fiscal year 2022 General Fund government operations as revenue recovery; approve offsetting increases to fiscal year 2022 General Fund expenditures as detailed in this agenda item; and authorize the appropriate officials to execute same. SUMMARY: A total of $22,483,893 of ARPA Local Fiscal Recovery Funds has been received in two equal tranches on May 19, 2021 and June 6, 2022. Authorization is requested to allocate the full (100%) amount to fiscal 2022 General Fund government operations as “revenue recovery” per the Department of Treasury final rule. Approval of offsetting increased General Fund expenditures for transfers to projects and programs is requested to balance the General Fund budget for fiscal 2022, per below. Effectively we are funding government projects and programs that we are now able to accomplish per the revenue loss recovery. Monies for projects and programs must be committed/encumbered by December 31, 2024 and fully expended by December 31, 2026 per Department of Treasury requirements. Four public meetings were held throughout the city during May and June 2022 to gather citizen input into priorities for expenditure of the funds. Citizen input was also provided via an online survey posted on the City’s website. Staff recommends the following expenditures/transfers for Council approval: ·Startup funding for North Greenwood CRA $ 5,000,000 ·Fiber upgrades and broadband connectivity 3,500,000 ·Affordable housing 3,300,000 ·Street & sidewalk improvements 2,000,000 ·Solar for City facilities 2,000,000 ·Pinellas Community Foundation 1,000,000 ·Non-profit funding - grant based program 1,000,000 ·Education - grants or partnerships 1,000,000 ·State Street Park improvements 700,000 ·Main Library renovations 625,000 ·Unspecified fiscal 2022 General Fund expenditures - reimbursement of City COVID expenditures - grants and premium pay 2,358,893 Page 1 City of Clearwater Printed on 8/3/2022 File Number: ID#22-0752 Total $ 22,483,893 APPROPRIATION CODE AND AMOUNT: A third quarter budget amendment will recognize a transfer of $22,483,893.00 from special program G2109, American Rescue Plan Act Fund, to the General Fund to be allocated for the purposes noted above. Page 2 City of Clearwater Printed on 8/3/2022 Startup funding for North Greenwood Community Redevelopment Agency 5,000,000$ Fiber upgrades and broadband connectivity 3,500,000 Affordable housing 3,300,000 Streets & sidewalks improvements 2,000,000 Solar panels for City facilities 2,000,000 Pinellas Community Foundation 1,000,000 Non-profit funding - grant based program 1,000,000 Education - grants or partnerships 1,000,000 State Street park improvements 700,000 Main Library upgrades - information hub 625,000 Reimburse City - business grants and employee premium pay 2,358,893 22,483,893$ City staff recommendations for FY2022 General Fund budget increases to offset ARPA revenue recovery Staff recommendations 8-01-2022 How Should Clearwater Spend the City's American Rescue Plan Act Funds? 1 / 36 Q1 Please rank these proposed projects from most to least important to you. (1, 2 and 3 are your most important projects, and 9, 10 and 11 are your least important projects.) Answered: 219 Skipped: 0 0 1 2 3 4 5 6 7 8 9 10 Startup Funding for... Fiber Upgrades and Broadban... Affordable Housing ($3.... Street and Sidewalk... Solar Panels for City... Pinellas Community... Non-Profit Cultural... Education: Grants or... State Street Park... Clearwater Main Library... Reimburse the City for COV... How Should Clearwater Spend the City's American Rescue Plan Act Funds? 2 / 36 15.60% 34 12.84% 28 10.55% 23 7.34% 16 10.55% 23 5.96% 13 5.50% 12 3.67% 8 6.88% 15 5.96% 13 15.14% 33 11.93% 26 19.27% 42 16.97% 37 11.93% 26 9.63% 21 7.80% 17 8.72% 19 2.75% 6 4.59% 10 4.13% 9 2.29% 5 35.78% 78 13.30% 29 9.17% 20 10.09% 22 5.05% 11 4.59% 10 2.75% 6 5.50% 12 1.83% 4 6.42% 14 5.50% 12 12.79% 28 18.72% 41 17.35% 38 15.98% 35 10.50% 23 8.68% 19 4.11% 9 3.65% 8 3.65% 8 1.83% 4 2.74% 6 2.75% 6 6.42% 14 8.26% 18 10.55% 23 13.76% 30 9.63% 21 10.55% 23 5.05% 11 14.68% 32 11.01% 24 7.34% 16 0.92% 2 5.50% 12 5.05% 11 10.09% 22 8.26% 18 19.72% 43 16.51% 36 11.93% 26 8.72% 19 7.34% 16 5.96% 13 1.83% 4 3.21% 7 4.59% 10 5.96% 13 7.34% 16 6.42% 14 16.97% 37 21.56% 47 11.47% 25 12.84% 28 7.80% 17 2.75% 6 6.88% 15 8.26% 18 9.17% 20 8.72% 19 13.30% 29 14.22% 31 17.43% 38 9.63% 21 6.88% 15 2.75% 6 2.29% 5 4.13% 9 5.50% 12 6.42% 14 13.76% 30 7.80% 17 8.26% 18 9.17% 20 19.72% 43 13.30% 29 9.63% 21 1.83% 4 3.21% 7 6.88% 15 6.42% 14 9.63% 21 11.93% 26 8.26% 18 10.55% 23 12.84% 28 18.35% 40 10.09% 22 11.93% 26 6.42% 14 7.34% 16 5.96% 13 2.75% 6 4.13% 9 4.13% 9 8.72% 19 5.96% 13 11.93% 26 30.73% 67 1 2 3 4 5 6 7 8 9 10 11 Startup Funding for North Greenwood Community Redevelopment Agency ($5 million) Fiber Upgrades and Broadband Connectivity ($3.5 million) Affordable Housing ($3.3 million) Street and Sidewalk Improvements ($2 million) Solar Panels for City Facilities ($2 million) Pinellas Community Foundation ($1 million) Non-Profit Cultural Affairs Funding ($1 million) Education: Grants or Partnerships ($1 million) State Street Park Improvements ($700,000) Clearwater Main Library Info Hub ($625,000) Reimburse the City for COVID Expenses ($2,358,893) How Should Clearwater Spend the City's American Rescue Plan Act Funds? 3 / 36 42.99%92 57.01%122 Q2 Would you like to share why you ranked the projects in the order that you did? Answered: 214 Skipped: 5 TOTAL 214 0%10%20%30%40%50%60%70%80%90%100% Yes No ANSWER CHOICES RESPONSES Yes No How Should Clearwater Spend the City's American Rescue Plan Act Funds? 4 / 36 Q3 Please tell us why you ranked them the way you did. Answered: 83 Skipped: 136 #RESPONSES DATE 1 Affordable housing is, by far, the community's greatest need in this moment. I would actually suggest that more money be dedicated to this issue. While some of the items I ranked at the bottom would be nice, I do not consider them to be in line with the emergency-focused purpose of the ARPA dollars. 6/30/2022 2:53 PM 2 Education funding should be number one to make the public schools better 6/30/2022 12:40 PM 3 Housing is our most pressing challenge. We must allocate funding to help people secure housing and in homeless diversion and prevention. You chosen to not allocate funds for mental health - that’s a problem. 6/28/2022 11:58 AM 4 ranked items with concrete immediate needs first. would actually have eliminated items at the bottom of my list. eg., the library "info" floor is not necessary now, especially with all the construction, attendance at the main library is and will continue to severely drop. 6/25/2022 8:07 PM 5 Affordable housing is by far the biggest struggle for most citizens. We don't need any more $2000 a month luxury apartments, we need places where people can actually afford to live. Too many corporations buying up the single family homes just to rent for insane profits. The city needs to regulate this as well. Many people cannot afford to live under these conditions. Infrastructure needs support as well. Employees of the city deserve better conditions. Community needs more resources. 6/23/2022 9:54 AM 6 Nature is the most important thing to me followed by caring for others. Improve parks. Add more if you could. 6/21/2022 12:10 AM 7 I ranked them the way I did because we have a major crisis. Housing alone with mental health in our communities which I did not see on this survey. my 2nd was our community streets sidewalk improvement. we have children that walk to school, especially on Overbrook. I put education as 3rd which it goes with 1 and 2. all are important. 6/16/2022 8:40 AM 8 It's important to help people find housing or there will be even more homeless people here. Its embarrassing and makes people not want to go downtown. I know three people who's rent doubled ($600 to $1200) and we have to help those people who don't have an extra $600, my one friend joked about becoming a prostitute - that is horrible! Maybe improving Greenwood will provide more affordable housing. 6/14/2022 8:33 AM 9 Renewable energy and infrastructure upgrades affect the greater population. Land preservation is key to maintaining green space for a livable community. (1-6) 6/11/2022 7:07 AM 10 The city police and police communications is overworked and understaffed already. More housing especially low income will be a huge burden on all emergency operations. 6/8/2022 6:09 AM 11 Traffic and sidewalks should be at the top do to safety concerns. Covid money should be reimbursed, Housing is also important. Info hub will not be used enough so it should not even be on the list. 6/2/2022 8:14 AM 12 Cops and Infrastructure is what is needed.6/1/2022 9:14 PM 13 The county is facing a crisis in affordable housing & its effecting attracting top talent for jobs in the area. Affordable, attainable housing needs to be a priority. 6/1/2022 7:55 PM 14 For this money the focus should be on short term improvements for the broad community. Followed by anything that can reduce climate impacts. 6/1/2022 12:38 PM 15 Direct inpact on our residents 6/1/2022 12:22 PM 16 8/9/10/11 should NOT be funded as they should come from budgeted items or are not justified from ARPA. The $4.325 million should be reallocated to Pinellas Community Foundation $2 6/1/2022 11:22 AM How Should Clearwater Spend the City's American Rescue Plan Act Funds? 5 / 36 million Educational Grants from Pandemic $1.325 million and Homeless Assistance Funding $1million. 17 With the increase in residents now working from home (and, just in general, the shift from manual to online services), there is more stress on our internet services. With the market out of control, lower and middle class citizens need affordable housing. With the continuous increase in residents, streets and sidewalks need TLC. Those are my top priorities. 6/1/2022 10:08 AM 18 Traffic congestion and delays are an underlying, common issue all citizens can benefit from its improvement. 5/31/2022 5:55 PM 19 All public not just minorities should benefit 5/31/2022 5:33 PM 20 I think monies should be spent on things that benefit ALL residents and not just those living in higher risk communities. There are all ready tons of programs, supports, funding sources for programming, educational financial aid (scholarships), housing, financial assistance, etc in place for a certain percent of the population, yet I would like to see more emphasis being put on things like safety, events, programs, nice spaces, for ALL populations- the hard working people who pay a lot of taxes should also benefit from programming and things that make their surroundings nicer, safer, more enjoyable, more appealing. 5/31/2022 11:51 AM 21 I think students who have proven themselves should get more opportunities to pursue what they want. Don't use that education money towards those who haven't shown the stats. Give it to the kids who show leadership qualities. I like the improvements to our city lots if people moving here. I also think we need some more actual hang out spots for the teens. Like a diner or something fun maybe next to police station so they keep themselves under check. We need to actually look at handling this homeless person situation downtown. With improvements u think they will go elsewhere but they need some other location to be hanging out. Maybe their own park with awnings so they can be safe but not in the center of downtown. I don't think solar panels are a major priority. Honestly look into the future waste of them. They give immediate help but have a shelf life. I think we should but some money towards a group or the groups that help do the clean ups. The trash on the ground is gross and I personally know that is it very appreciated whenever these clean ups happen. Make this weekly encourage people to keep their spaces looking good so our community and get more money in the long run from tourism! 5/26/2022 11:16 PM 22 We need better broadband services in this area as we are one of the only without them. It would allow consumers to have more choices and also probably be sturdier after inclement weather. 5/26/2022 9:55 PM 23 Affordable housing is upmost importance right now. I know people who have either become homeless or had to move in with family due to not finding an affordable apartment. Rent is too high. There should be some sort of voucher program for people over 65, and low means 5/26/2022 9:05 PM 24 I work for housing in Clearwater and our housing is 3 to 5 years out. I have seen people sleeping under trees, very elderly many times, and this is very distressing. I also believe the city needs to be reimbursed for Covid funding so that our needs for investing in the overall economics of Clearwater. It would be great if our police officers got a raise this year to include more training of how to deal with mentally ill, hard of hearing, elderly etc. and have a better understanding of the people they work with, and so they can start interacting more with the community. Our infrastructure is extremely important to take care of now before any incidents occur. The education grants, are going to help improve our opportunities. Putting solar panels in will help reduce the overall city cost in the long run, and that is something I hope to see get done. Lastly while many people have started using their own wifi, and readig books on Kindle, the library is a great need for children and families over the years. I can see that homelessness (and mental health issues that cause it) need to be addressed. Homelessness leads to drug use and increased theft. 5/26/2022 12:59 PM 25 I work in the affordable housing industry and I receive at least 5 or more calls per day inquiring about unit availability. Then the next question is do I know of any other places. We need more affordable housing in the community. 5/26/2022 9:14 AM 26 Streets are crumbling. City is focusing on ghost town properties too much. Countryside area roads are terrible. Stop wasting mo way on downtown 5/26/2022 6:29 AM 27 I live walking distance From Downtown yet the curbs and Sidewalks in this area Are A mess it’s shameful how certain neighborhoods are ignored and the amount you propose Is not enough 5/25/2022 10:24 PM How Should Clearwater Spend the City's American Rescue Plan Act Funds? 6 / 36 28 Community improvements were needed.5/25/2022 4:24 PM 29 Affordable housing is so important right now more than ever, and it ties to the homeless situation. I've lived here since 1980s and Greenwood is coming to be a much better place but it is still very underserved. I do not believe we should be using these funds for covid reimbursement because we need to use it on the people who live here so that they can have affordable homes. Streets and sidewalks are also very important for people who don't have cars but I'm interested to see they didn't have anything about public transportation on here which is an ongoing issue. 5/25/2022 1:08 PM 30 Education is primarily the bassist of understanding and learning. The transmission of knowledge is secondary to facilitate learning and understanding. 5/25/2022 3:30 AM 31 Affordable housing needs to be the biggest priority. The city should not take the reimbursement but direct those funds to Affordable housing needs. The income target should be those with the greatest need--the 80% AMI and below. 5/24/2022 8:13 PM 32 In truth, it would have been better to have ranked them in order of importance vs not necessary instead of numerically. It would have been a more accurate result, in my opinion. Further, the majority of these don't seem to really be in alignment with the intention of the ARPA and not a good usage of the available funds.IMO, it's a VERY POOR set of suggestions compared to the opportunities that could be presented to alleviate some financial burdens and stress factors for the citizens of Clearwater. That should be the topic of discussion at these meetings is really how best to use these monies to benefit the citizens of Clearwater who have been impacted by the pandemic and are struggling to make ends meet still vs fixing a sidewalk or putting a fiber cable underground or how to plan a concert and get it back going again when we have people not able to buy food/pay bills/move to affordable housing, etc. THESE latter issues are what we should be diving into - that and helping the small businesses and self- employed through grants and LOW or NO Interest loans. 5/24/2022 4:49 PM 33 order of importance and amount stated.5/24/2022 3:26 PM 34 Would love to see more funding for cultural nonprofits in Clearwater 5/24/2022 3:11 PM 35 We need affordable housing urgently, our local parks are deteriorating, Broadband is in desperate need of upgrading and many streets and sidewalks need repair. 5/24/2022 2:56 PM 36 It is a huge problem that there is no cap on rent increase. A lot of people can't afford to live in their homes any longer. Landlords can raise the rents without limits and force people to leave their homes. Homelessness will be a huge problem in Florida very soon. There should be a solution for that! 5/24/2022 12:00 PM 37 use funds that truly rescue something, not more things that will then have legacy costs 5/24/2022 11:51 AM 38 Need for affordable housing becomes greater everyday.5/24/2022 10:43 AM 39 The City should be reimbursed for Covid-related expenses, but the second priority should be on spending for affordable housing because residents are in crisis. Essential workers are being priced out of rentals and cannot compete for homes with big hedge funds and REITS for single family homes. Families and children are living out of motels and out of vans and RVs. The City must act now or we will see levels of homeless increase. As much as we need renewable energy and beautiful safe sidewalks and upgraded parks, using Maslow's hierarchy of needs, safe housing is a fundamental need in our community and is a human right. Please allocate more ARPA funds towards this human right. Double the proposed amount towards affordable housing for buying and preserving land for it, or by buying land and working with nonprofits like Habitat for Humanity. Use the money to help residents add ADUs and to convert properties into cottage courts, duplexes, and add to our housing stock. 5/24/2022 10:06 AM 40 items 5-11 are not critical to the community.5/24/2022 9:36 AM 41 I have worked in North Greenwood for over 9 years with a church deacon, who did a lot for that community but I found the community not really involved in their own improvements and problems, and felt the grants were used to make personal gain not for their community. They would hire friends etc through grants who did not have the interests of their community in mind. So I leave them last in importance. This is my personal opinion only. My other opinion is Clearwater residents have all taken a toll on their finances due to Covid. Why not a portion of the funds back to the citizens who have struggled? Did the government officials take a pay cut during Covid, like most Americans? 5/24/2022 9:34 AM How Should Clearwater Spend the City's American Rescue Plan Act Funds? 7 / 36 42 I believe that affordable housing is our most pressing problem right now. We are a tourist industry, which needs to be looked up with a little more criticism as for our dependency. However people who are needed to work in these services can't afford to live here. 5/24/2022 9:07 AM 43 We need to focus on the bigger issues addressing the City. The nonsense for Imagine Clearwater is an expensive cost to have a splash park for the homeless to wash themselves each day. Better decision making on helping build this community and help improve opportunities to help children. 5/24/2022 8:41 AM 44 I believe Clearwater should look to it’s sister city Dunedin and grant non-profits a portion of the funds. 5/24/2022 7:46 AM 45 The number one was paying a debt. Part of the budget if you have money would be to pay your debt. Art and education are pretty important. Solar panels will be obsolete very soon so there’s no point in spending money on that . I believe the same for fiber optic. There’s a new Internet system that’s coming up in the next year or two so no point in spending money there. I know that from a good source very high in the government 5/23/2022 9:22 PM 46 Affordable housing, education and county grants are critical for the community.5/23/2022 8:54 PM 47 Fix the roads and sidewalks are important to safety. Solar panels will pay you back in 10 years and save forever after that. 5/23/2022 5:08 PM 48 Streets and sidewalks should always be the priority of a city's government.5/23/2022 5:08 PM 49 Projects should put people and neighborhoods first.5/23/2022 11:12 AM 50 First reimburse the City for their expenses, then focus on ensuring internet is available in all communites, and improve the conditions in Greenwood. 5/23/2022 9:04 AM 51 Keeping abreast of technology and affordable housing are necessary for the city to continue equitable growth. 5/23/2022 9:01 AM 52 I ranked based on what more could we get from the entities funded to make the money go further and increase economic and family development. If we fix a blighted area (N. Greenwood), the people young and old can get an education, better jobs, better families and give back more to the city at large. 5/23/2022 8:55 AM 53 Using the funds to build affordable/workforce housing and improve infrastructure will strengthen our local economy and uplift the lives of our citizens. 5/23/2022 6:54 AM 54 Housing. Affordable housing. Why isn’t ordinance update in it? Where shall your future taxpayers live. Tiny homes? ADUs?!?!? 5/23/2022 5:44 AM 55 Affordable housing is so important for our community’s well being. I ranked them in an order I thought would be most impactful to the community. 5/22/2022 9:43 PM 56 Roads and sidewalks affect all citizens and visitors. Solar on city buildings is long overdue in the sunshine state. Broadband and fiber optics will enable any users faster connection and help educate 5/22/2022 8:29 PM 57 As a licensed realtor, I find the cost of housing in our area to far exceed many working family’s ability to pay. Housing should be 25% of a family’s income, and right now we’re closer to 60% in our area. So, families need to come first, and it is our responsibility to help them. Next, many of us are having to tighten our belts financially. For a fair number of us, this means relying on e-bikes s an alternative transportation. We need safe bike paths to ride on as narrow bike lanes are not safe. More and more people are bicycling and walking, so we need a better infrastructure for this. 5/22/2022 3:43 PM 58 Florida Senior Citizens are threatened with homelessness. Its terrifying.5/22/2022 12:11 PM 59 Overall community improvement by improving parks and sidewalks will benefit everyone in the city. 5/22/2022 11:57 AM 60 North greenwood is important due to I have property in that area that I would like to build housing for low income seniors and veterans. Funding for incorporated pinellas county initiatives has not been readily available to do so. I believe withe this grant I would ve able to secure a loan to do so. 5/22/2022 9:43 AM 61 SIDEWALKS AS #1 CONTINUE TO BE IN DEPLORABLE CONDITION AS WELL AS 5/22/2022 7:43 AM How Should Clearwater Spend the City's American Rescue Plan Act Funds? 8 / 36 DANGEROUS --ONE ONLY NEEDS TO LOOK AND SEE THE NEED TO DO SO AND PREVENT COSTLY LIABILITY CLAIMS 62 Pay the city employees more so they have an insentive to stay, get rid of the Scientology cult that has taken over downtown. 5/21/2022 5:56 PM 63 based on impacts that I am concerned about 5/21/2022 11:49 AM 64 Affordable housing is a major issue that needs to be addressed, so that was my priority. After that, I tried to choose projects that would benefit the largest number of citizens as well as move Clearwater forward in redeveloping downtown & nearby areas. 5/21/2022 10:43 AM 65 i believe that the most people will benefit from my choices 5/21/2022 9:48 AM 66 Resident priorities.5/21/2022 9:28 AM 67 Affordable housing is by far the biggest hurdle for many in this area.5/21/2022 9:27 AM 68 essentials before "fluff"5/21/2022 8:56 AM 69 I live in north greenwood. It’s important to me that the community will flourish and businesses moving into the empty businesses. 5/20/2022 10:14 PM 70 Largest impact on the most residents 5/20/2022 8:28 PM 71 Education first. Our kids our future. We have crisis here. Same for affordable gousing. Sidwalks also big problem, parks to enjoy yhe city. Everything else seem to be relatively the same in priority. 5/20/2022 8:25 PM 72 Most of those projects look to be pet projects that don’t benefit the whole city, but small segments of the city. I have no parks to walk to, there a foot deep hole in the sidewalk- the city focused too much on downtown and the beach. 5/20/2022 7:36 PM 73 Affordable housing should be the main focus. Cost of living is through the roof and we need to do better! 5/20/2022 6:45 PM 74 Grants and assistant are the best start and of course reimburse the City for the unforeseen Covid expenses. 5/20/2022 6:29 PM 75 In order of importance 5/20/2022 5:58 PM 76 I think the funds should be used to benefit the community as a whole before benefiting the city/government. 5/20/2022 5:51 PM 77 The lack of affordable housing is ruining many lives. We allowed investors to buy up homes, raise the prices, making it very difficult for the average person to own their own home. 5/20/2022 5:48 PM 78 The city and its residents will better equipped for the future with better streets, better sidewalks, better connectivity and sustainable practices. 5/20/2022 5:39 PM 79 I ranked them in order of importance to residents. Upgrading a park is nice but doesn't help residents with their daily life struggles. Right now there is a lack of affordable housing. That is number 1. Things like upgrading internet will help a lot of people as will the library project. Adding solar panels to city buildings will save costs in the long run and reimbursing the city for COVID expenses is also important to remain fiscally whole. Greenwood redevelopment is good, but there are a lot of neighborhoods in the city that are also in need of assistance. 5/20/2022 5:12 PM 80 These all sound like worthy investments. I ranked according to what I believe is the biggest need and what benefits the most citizens of Clearwater. 5/20/2022 5:09 PM 81 Because I feel the City of Clearwater tends to focus it's spending on helping the poor which is virtuous but it is not enhancing our city. As a Realtor for almost 2 decades I can tell you that the reason Downtown and Clearwater fail to thrive is demographics. Retailers refuse to move there due to the income of the surrounding areas. It's time we focus our spending on cleaning up the crime, prostitution and drugs surrounding Clearwater to draw in more money. 5/20/2022 5:09 PM 82 We need more green space improvements. This survey has nothing for a community as a whole. It will only serve some of the population. What a waste if taxpayers money. 5/20/2022 2:20 PM 83 The money is suppose to be used to fix what was thrown off by the pandemic or extra expenses incurred. It shouldn't be used for pet projects that were not impacted by the 5/20/2022 9:31 AM How Should Clearwater Spend the City's American Rescue Plan Act Funds? 9 / 36 pandemic. How Should Clearwater Spend the City's American Rescue Plan Act Funds? 10 / 36 60.00%126 40.00%84 Q4 Should the city consider any other projects not already on this list? Answered: 210 Skipped: 9 TOTAL 210 0%10%20%30%40%50%60%70%80%90%100% Yes No ANSWER CHOICES RESPONSES Yes No How Should Clearwater Spend the City's American Rescue Plan Act Funds? 11 / 36 Q5 What project(s) would you like to see funded with ARPA funding? Answered: 111 Skipped: 108 #RESPONSES DATE 1 Funding for additional affordable housing projects and eviction mitigation programs 6/30/2022 2:53 PM 2 More money for downtown Clearwater to support business and keep roads closed to make it more walkable 6/30/2022 12:41 PM 3 clearwater streets and appearance lost its "sparkle" Focus more on cleaning up Clearwater 6/28/2022 3:35 PM 4 are there any health department needs that should be considered? or is that a county thing? same thing for emergency sheltering and storm-hardening properties and parks. 6/25/2022 8:09 PM 5 Rent/Utility payment assistance for low income families 6/25/2022 8:06 AM 6 Improving city residential water pressure. Hardening of power grid utilities 6/25/2022 12:42 AM 7 Add more parks. Clean the parks better.6/21/2022 12:11 AM 8 Raise the salaries of city staff to be more competitive in getting and maintaining top talent. City pay is on the low end in the Tampa Bay area. 6/20/2022 1:56 AM 9 Clearwater looks unkept & rundown/old. It would be see it spruced up a bit.6/19/2022 11:23 PM 10 Affordable housing for the working people.6/19/2022 10:58 AM 11 Water and Sewer improvements 6/18/2022 1:55 PM 12 Housing Mental Health and Education are among the top 3.6/16/2022 8:41 AM 13 Clean up and improve the Pinellas Trail that runs through Clearwater 6/15/2022 6:38 PM 14 Anything to get people off the street. Homeless shelter/communal living, more section 8 housing, city owned apartments with fixed rent for single parents with children or the elderly. We have to fight homelessness. 6/14/2022 8:34 AM 15 Stormwater infrastructure upgrades, building code LEED transition invigoration.6/11/2022 7:14 AM 16 Updating the police communications outdated equipment, furniture and increase the employee pay. 6/8/2022 6:11 AM 17 Desalination Solar We need to prepare for climate catastrophe 6/7/2022 10:16 PM 18 Affordable housing at a higher amount 6/2/2022 8:36 AM 19 Small Business Funding 6/1/2022 10:26 PM 20 Cops 6/1/2022 9:14 PM 21 Converting abandoned big box stores and, with a business development manager, recruiting employers with high wage jobs. That and the mall. The city has a ticking time bomb of all these properties not having the ability to pay property taxes. It’s happening in cities across North America where the big box store are closing up and cities that depended on that tax revenue have issues. We need to convert some or all of this space and part of the mall to high end office space. 6/1/2022 6:14 PM 22 Put a team together go through all city parks and remove all the dead branches from the trees (this is urgent as hurricane season is now) Many are 4" in diameter and currently are so far gone they just fall of the trees. Sometimes onto the sidewalks !!!! Clearwater seems to have stopped this activity for the last couple of years. I assume due to budget cuts. Fixing sidewalks is great but if one of these branches falls on someone a twisted ankle would be nothing compared to the injuries (death?) that one could sustain. 6/1/2022 12:49 PM 23 Provide an enhance service to the community to connect to the governmental resources 6/1/2022 12:25 PM How Should Clearwater Spend the City's American Rescue Plan Act Funds? 12 / 36 available. Pay to have the Hispanic Outreach Center move away from police station 24 Flood Prevention in low areas and upgrading shelters, also increased generators for ALS buildings 6/1/2022 11:57 AM 25 Homeless Assistance Funding see my previous note $1 million.6/1/2022 11:24 AM 26 More projects based on sustainability. Making more green spaces, safe public transportation.5/31/2022 10:19 PM 27 How about paying off some of the $84 million for Coachman park revision.5/31/2022 5:56 PM 28 More charging stations for EV cars throughout the City, but especially downtown 5/31/2022 5:52 PM 29 Build a parking garage on the beach, and don't sell the entire complex to a private company.5/31/2022 3:19 PM 30 Mental health 5/31/2022 1:58 PM 31 Increased safety, support of law enforcement, cleaner environment, clean streets, spruce up the city. Enforce laws, more police presence at the beach ( the teens are out of control down there and there are fights everywhere), increased police presence for ALL neighborhoods, more trees, nicer landscaping, traffic improvements. better homeless shelters with more security, behavior expectations, and enforcement of rules - improvements to legal system so we don't have individuals with long/dangerous rap sheets walking around in our city - 5/31/2022 11:58 AM 32 Clearwater Marine Aquarium rescue work.5/30/2022 12:27 PM 33 Tax the COS 5/28/2022 12:38 PM 34 Dear City Council, We come to a point with what to do with the blessing of the government money and I can only think of the verse in the Bible about giving a small amount of money to 3 people. One saved it. One doubled it. And one tripled it. ______________________________________________________________________________ _ I would connect the World Class Clearwater Beach to the main Land (Downtown Clearwater) with a MonoRail Identical to Disney's but in our colors. Now that we are putting Billion Dollar Investments on this beach like the new norm I would like the Downtown to get this blessing too. With the Roundabout, I would put up a Castle very similar to Disney's in the center. You could access it under the street for tours. Waiting in traffic staring at the Castle would be amazing day or night too. People would want to come here just to see that. What Chief of Police Slaughter stated to you last meeting is we have a theme park on the beach. Or a football game here every single day on the beach. Listen to him, please. Did you hear the lady that took over 2 hours to go to the other side of the roundabout on the beach? OMG! If the monorail could also go into the disenfranchised area and back then the home values in these areas would double in a heartbeat. They can now go to the beach and back easy and free. Yes free. How later. The world-class tourist on the beach can go downtown to restaurants, and shops and the new park I bet that will be a must-see also. Summary: I would put the money into a MASSIVE people moving extremely high technological monorail system the very BEST in the nation connecting the Exploding World-Class Clearwater Beach to the new Park and the downtown area. I want to triple the money the Government has given us in a year. By putting that much down the Government would give us $500 million to complete this, FREE! Putting skin in the deal and they are all in. Most cities are broke. Summary: By putting down that much money the Government will gladly give us at least half a Billion TO BUILD IT BACK BETTER. So by giving us free money we could easily triple it FREE by butting it down on a project or something like what I suggest that is sympathetic with this current administration in Washington DC. AI running all the Clearwater Beach (City) parking is a must. Best wishes, Blain Enderle 5/27/2022 5:27 PM 35 Weekly clean ups Homeless people moved or encouraged to go to another area that isn't in the center if our city More things to get people out of their houses and coming together as a community and having fun 5/26/2022 11:17 PM 36 Collect garbage at residences more than once per week 5/26/2022 9:56 PM 37 Protecting clearwater schools with multiple on-site officers in case of a shooting 5/26/2022 9:07 PM 38 Fix the roads outside of downtown clearwater 5/26/2022 6:29 AM 39 Neighborhood streets curbs and sidewalks 5/25/2022 10:25 PM 40 Upgrades to Glen Oakes Park. The playground is simply horrible.5/25/2022 8:57 PM How Should Clearwater Spend the City's American Rescue Plan Act Funds? 13 / 36 41 Something to bring the community together to make the community unite with its neighbors and feel united and there are people that care all around them 5/25/2022 8:26 PM 42 Money applied to parks and rec to lower children s nonresident fees and improve soccer fields/program for Latinos 5/25/2022 4:29 PM 43 Invest into city buildings and remodeling old city hall 5/25/2022 3:57 PM 44 Improving public transportation, get away from gasoline and Diesel and maybe get a light rail system 5/25/2022 1:10 PM 45 Money for drug education and programs, programs to get homeless out of downtown.5/25/2022 10:52 AM 46 improving infrastructure and hurricane rediness 5/25/2022 9:44 AM 47 Cleaning up after Waste Management trucks pick up trash. The trucks are dropping more trash back onto the streets 5/25/2022 9:19 AM 48 Improve Downtown Landscaping and Lights 5/25/2022 5:21 AM 49 Help older residents feel useful with jobs that offer compensation and dignity while also tapping into life experience in previous work or profession’s. 5/25/2022 3:36 AM 50 Food and shelter for homeless. Improving code enforcement so they can actually be proactive. Help people out who are violating code and can’t afford repairs. 5/24/2022 11:35 PM 51 See previous reply. Can expand on if needed. Contact me at info2sally@gmail.com.5/24/2022 4:50 PM 52 Park maintenance, which has been neglected at certain County Parks leading to vine infested trees. Parks in other Cities and the County appear far better maintained. 5/24/2022 4:12 PM 53 building a manatee rehabilitation facility in Clearwater 5/24/2022 3:12 PM 54 support some non-profits that continued to operated during covid who also lost significate revenues 5/24/2022 11:51 AM 55 1 Every street in Clearwater should have a sidewalk on AT LEAST one side of the street 2 Fix it so there should not be any significant flooding on any street in Clearwater during a moderate rain 3 Establish a standard for street lights and ensure ALL streets in Clearwater have at least standard street lighting 4 Where reasonable, every street in Clearwater should have curbing and storm water provisions 5 We must fix the basic infrastructure flaws in Clearwater before taking on luxury projects 5/24/2022 9:37 AM 56 Low income housing.5/24/2022 9:36 AM 57 You should give a portion of the funds back to City of Clearwater Citizens...who have lost businesses etc and went into debt on their homes etc due to Covid!!! Solar panels for the City? Huh? What about your people? What about the Citizens? 5/24/2022 9:36 AM 58 Homeless issues 5/24/2022 9:08 AM 59 Infrastructure projects to upgrade potable water lines. Septic -to- sewer projects. Land preservation. 5/24/2022 9:04 AM 60 More safe, wide bike routs.5/24/2022 8:52 AM 61 Spend the funds on more things for kids. Various programs and support more activites for improving our children. 5/24/2022 8:42 AM 62 Affordable housing 5/24/2022 12:34 AM 63 If there is a project that this money could be used for that would bring income to the city, that would be the smartest way to spend it. Always try to create income. The Streets also need some care 5/23/2022 9:24 PM 64 Additional funding for critical non-profit organizations in the area.5/23/2022 8:55 PM 65 Homeless issue 5/23/2022 7:37 PM 66 It might be done under one of the projects mentioned. I would like To have the opportunity to see some productions at Ruth Eckerd, coachman Park or the Capitol theater via live 5/23/2022 5:15 PM How Should Clearwater Spend the City's American Rescue Plan Act Funds? 14 / 36 streaming. We are unable to attend many of the venues due to health issues and would gladly pay the ticket price to watch it on television. 67 City Hall inside of Clearwater main library. More on roads and right turn lanes. Fix the roundabout to be faster. 5/23/2022 5:10 PM 68 more road maintenance such as resurfacing projects 5/23/2022 4:06 PM 69 downtown street scaping 5/23/2022 1:52 PM 70 Substance use and mental health community support.5/23/2022 9:08 AM 71 Underground utilites on the beach communities. This would save monies in the long run, in the event of hurricanes. 5/23/2022 9:07 AM 72 Youth Development Initiatives for college as well as vocational options.5/23/2022 8:56 AM 73 Improve transportation. Clearwater has become so congested with all the newcomers moving here, and there seem to be more accidents than ever - making the higher amount of traffic even worse. 5/23/2022 8:06 AM 74 Expanding availability of reclaimed water to more neighborhoods, burying electrical wires underground to make our city more resilient from severe weather impacts, and improving public transportation to give our workforce better access to their jobs. 5/23/2022 6:58 AM 75 AFFORDABLE HOUSING. Ordinance reform FAST TRACK. ADUs; increase density limits for fill-in NEW and AFFORDABLE housing. Where should people live? 5/23/2022 5:46 AM 76 Any need for improvement to our water?5/22/2022 9:45 PM 77 Funding to recycling and environmental sustainability education -Funding to melting plastic to meet community based object needs 5/22/2022 8:43 PM 78 More sustainable energy programs/grants/ credits for residents. Energy is getting more expensive and with storms blackouts are extremely costly. Access to consistent energy/ electricity will make Clearwater more competitive and attractive to businesses and for digital nomads to move/live here. Other areas like Texas and California will have rolling blackouts during certain times of year. So attracting high paid digital nomads or remote workers will enhance our community. 5/22/2022 8:35 PM 79 Premium pay to the essential workers who showed up to work every day during the pandemic 5/22/2022 7:33 PM 80 Cleanup of blight, like the professional buildings on Highland Avenue & Barry Street.5/22/2022 12:12 PM 81 Secure undeveloped land for future parks 5/22/2022 11:58 AM 82 Use some of the funding into helping reduce energy costs for those with Clearwater Utilities. Also, if possible, use some of the funding for the Coachman park redevelopment project, Imagine Clearwater. 5/22/2022 9:55 AM 83 Not familiar with the complete list of projects not listed, but would like to see all options.5/22/2022 9:44 AM 84 I feel the city should be fostering a true hands-on initiative to clean up neighborhoods as they are in desperate need of clean-up, and it shows. I see clutter and junk and ill kept properties never mind boats, cars and trailers & RVs kept in yards and driveways. Your community has become an eyesore all it takes is a good look on any street to witness the same. 5/22/2022 7:54 AM 85 Support alcohol and drug rehabilitation and sober living 5/21/2022 10:42 PM 86 Block off Cleveland street in The District with better looking barricades paint the street so it doesn’t look like a street and decorate, make a small stage for bands. 5/21/2022 6:44 PM 87 Pay the employees more, stop doing the same project over and over, downtown will never be like st Pete or any other major city since the Scientology cult has taken over 5/21/2022 5:57 PM 88 mental health intervention services post-covid 5/21/2022 4:48 PM 89 High speed fiber optic internet for all of the city 5/21/2022 12:37 PM 90 Suncoast Narconon which actually does real drug rehab 5/21/2022 12:01 PM 91 empty downtown storefronts 5/21/2022 11:50 AM How Should Clearwater Spend the City's American Rescue Plan Act Funds? 15 / 36 92 Beautification project for the downtown. Our downtown,although improved, still doesn’t compare to our neighboring communities. 5/21/2022 10:54 AM 93 Find a replacement for Mr. Jennings with a competent city manager. In the 5 months he’s been here the employee moral has plummeted. Wrong man for the job. 5/21/2022 9:31 AM 94 add to General Fund and reduce taxes 5/21/2022 8:58 AM 95 Main library improvements 5/20/2022 9:16 PM 96 Improvements at BayCare BallPark 5/20/2022 8:57 PM 97 Homeless crisis resolution plan 5/20/2022 8:26 PM 98 I know the city tried with Rec centers, but they are second class to largo highland rec. why don’t we have an indoor track or a partnership with PCS to open tracks up to the community. Running is equitable exercise- no special equipment needed. This is the first place I’ve lived without access to a track and it sucks. Running on the multiuse trails doesn’t work- too many dogs, strollers and bikes- not to mention how dangerous those crossings are with Florida drivers. I just want to run in circles- the city provides spaces for everyone else- even fake sports like pickle ball. We have parcourse, a skatepark- does Clearwater hate runners? Literally, everyone else gets a “regulation” type spot for their sport. In other areas of the country, where I can run after hours on a school track- I’ve never encountered vagrants- a veteran working out his prosthetic for wounded warrior games, an Olympian training for shot put, an engineer working off steam. Put a small track around tennis courts. Safety harbor has an open track, Tampa does- why can’t we? Put some of the money towards making that happen, improving the health of your community would certainly cost less than the coachman park project. Not being able to run safely in my community sucks, especially when in this time of equity awareness , it’s one of the few exercise options that doesn’t require equipment. I moved to Clearwater to access the YMCA’s track before I learned about safety harbors open track, and I don’t have access without driving 20 minutes each way since the Y shut down. I know your comp plan says to co-locate facilities with schools- get a few open tracks throughout the city to have equitable access to exercise. I live near oak grove middle school- we don’t have parks close by. How about a dog park near the morningside area? The only facilities provided by the city in our section, cost money. How about putting some of the $ to offset user fees at rec centers? I have a theme to my ideas- because I have gotten so unhealthy living here with lack of access and there’s no reason- most of the tracks are publicly owned. If safety harbor can do it, so can Clearwater. Please. Google it, there are threads of people looking for tracks. They allow churches to use their facilities, open parking lots during rays games and have Christmas tree sellers on school property- other places open tracks after hours. I’m not looking to run during school hours- after work and weekends. There are plenty of models around the country. 5/20/2022 8:10 PM 99 Crisis assistance to help families struggling to afford food but don’t qualify under federal programs. 5/20/2022 6:46 PM 100 women's healthcare centers 5/20/2022 5:59 PM 101 I would love to a Splash pad, dog park, and upgraded neighborhood parks and bathrooms. I live in the Marymont neighborhood and the park is terrible! 5/20/2022 5:52 PM 102 Getting Coachman Park as a low cost cultural destination which it used to be. .5/20/2022 5:50 PM 103 Depends on the restrictions. Investment in sports tourism to bring in economic impact to help businesses continue to recover from Covid. 5/20/2022 5:43 PM 104 The taking of city owned vacant lots and doing basic landscaping (inexpensive and easy to maintain) on them to enhance the look, feel of the city. 5/20/2022 5:38 PM 105 I'd like to see funding go into programs that reduce the crime, drugs and prostitution in the greater clearwater area. This will clean up the town, draw in reseidence with higher incomes whom historically have made a mass exodus to Countryside. In turn this will draw in vendors and retailers and transform Clearwater. 5/20/2022 5:11 PM 106 Water main issues Hurricane Money 5/20/2022 5:09 PM 107 Higher pay for city or county employees 5/20/2022 4:03 PM 108 Why are only low income neighborhoods listed for street repaving?? What about our middle 5/20/2022 3:00 PM How Should Clearwater Spend the City's American Rescue Plan Act Funds? 16 / 36 income neighborhoods included. You either need to live in Countryside or Hreenwood to have nice streets. Where is the money for your employees who worked to maintain services for the Citizens? Why are we spending all this money but NONE on employees? 109 More green space 5/20/2022 2:20 PM 110 We should be doing more for affordable housing for Seniors and Veterans. We have a lot of them in our community and some of them had to stop working because of the pandemic. I am not a Senior or Veteran but I see a lot more homeless people around now. No one should serve their country or get to old age in the greatest country on Earth and be homeless. 5/20/2022 9:35 AM 111 Mental health support for Clearwater agencies that serve our community 5/19/2022 12:12 PM How Should Clearwater Spend the City's American Rescue Plan Act Funds? 17 / 36 26.21%54 73.79%152 Q6 Is there anything else you'd like to share with city administrators before these decisions are made? Answered: 206 Skipped: 13 TOTAL 206 0%10%20%30%40%50%60%70%80%90%100% Yes No ANSWER CHOICES RESPONSES Yes No How Should Clearwater Spend the City's American Rescue Plan Act Funds? 18 / 36 Q7 What else would you like to share? Answered: 50 Skipped: 169 #RESPONSES DATE 1 Make downtown Clearwater better to support local business 6/30/2022 12:42 PM 2 Make Clearwater clean again...!6/28/2022 3:36 PM 3 ARPA Funds were not intended to purchase or improve on parks - nor are they intended to repair and replace sidewalks. Use other funds for that. These funds are for the effects of COVID - and for the inequities that COVID exposed. 6/28/2022 12:00 PM 4 please choose only "need to have" and not "nice to have"6/25/2022 8:10 PM 5 Please regulate the amount of single family homes which are allowed to be rented per owner. As somebody who works with people who inquire multiple times a day asking about rules to purchase a home specifically with the intent to rent or list on airbnb, it is ruining the community. Without regulation, there will soon be only airbnb and rental properties and no homes for families. DO SOMETHING ABOUT IT. 6/23/2022 9:57 AM 6 <3 6/21/2022 12:11 AM 7 Pay more attention to the areas of Clearwater that are not on the beach or downtown 6/18/2022 2:00 PM 8 I live and work in North Greenwood Community. and have been for over 40-something years. when I came to Florida to live in the North Greenwood community there was a business within the community that gave it strength and attention. there was a gas station, and laundry mat bars that were Black own may I add. I feel if some of those businesses were put back in the community it could jump-start the community. not so much as bars- but businesses. Parks need to be monitored more for the children to run and play which is a part of the learning experience because children learn through play. 6/16/2022 8:55 AM 9 Along with affordable housing goes public transportation. Nothing has changed in 20 years. Still busses every hour with no service late or holidays. How are people working after hours or super early going to get to work and back? The city could partner with Uber or something to help people without cars get to work, they want to work but don't have transportation. I don't want my tax dollars putting DUI people back in jail for driving without a license. Lets get a uber or lyft city funded program for the elderly who shouldn't drive or people who don't have a license for medical or other reasons. 6/14/2022 8:37 AM 10 Do what St . Pete did to turn their downtown around.6/8/2022 6:12 AM 11 Please focus on hard assets i.e. housing, streets, sidewalks, broadband etc and maintenance of existing assets. Please no esoteric projects Thank you 6/1/2022 12:53 PM 12 Have Hispanics run the Hispanic agencies 6/1/2022 12:27 PM 13 Please figure out how to increase safety at Court and Osceola and Chestnut and Palm. We almost get hit every single day. 6/1/2022 11:59 AM 14 Thanks for soliciting community input and you will receive many comments/suggestions. This is a windfall of $ that needs to be be carefully spent on the most urgent needs of our citizens not adequately funded by the current budget. 6/1/2022 11:26 AM 15 Safety should be a priority - people who work hard, contribute to society and to tax base should have more access to safe events, safe cultural events, should have law enforcement present in their neighborhoods too. Our children should have safe places to go and should not be afraid that they may be assaulted if they go to the beach or to an event (festival, activity, etc). I am tired of so much funding going into programs to help those "at risk, in need, etc" It seems we have gotten to the point where we are enabling people and they don't have to work hard (you can get way more financial aid for private school and college if your parents are not married, if only one claims you on income taxes, you have lower income on paper because your family is self employed and is able to not claim some income) It is sickening that we are 5/31/2022 12:15 PM How Should Clearwater Spend the City's American Rescue Plan Act Funds? 19 / 36 at the point where honest, hard working, law abiding, tax paying citizens are not able to live in clean, safe, environments where there is cultural and social programming readily available for them to enjoy. I am tired of seeing homeless walking around, seeing litter on the streets, feeling unsafe, having public schools that either the wealthy or those who have parents who financially qualify for income based scholarships are leaving public school to go to private schools - I am tired of people getting slapped on the wrist for crime and am sick to my stomach when I see people walking around with Anke monitors because our jails are overpopulated. I am tired of the mental health system where people have such difficulty accessing timely and appropriate services. I think it is horrible that there are many people who want help, but who can not afford to take on the additional cost of counseling. For working people who have to pay large health insurance deductibles or who have to self pay for mental health care the additional 75 -200 a week just isn't possible. Put some money into mental health care, pay therapists more ( master level therapists make less than new teachers and they get less time off, work long hours). 16 In Clearwater, I pay more money per month for my water/garbage than anyone else i know that lives in pinellas county. $150 per month for a single household is a lot. Especially when garbage collection only happens once per week, which is also the least amount of collection than anyone else I know in pinellas county has. Why don’t we spend some money on fixing that? 5/26/2022 9:58 PM 17 We need more community outreach programs and resources for minorities.5/26/2022 9:09 PM 18 Sick and tired of my $20,000 a year in property taxes being wasted on downtown.5/26/2022 6:31 AM 19 Funds to develop transportation from Clearwater to tampa airport that is affordable 5/25/2022 4:32 PM 20 Please use this money to help people not be homeless. Improve affordable housing and help the Greenwood community. Thank you for listening to me.. 5/25/2022 1:11 PM 21 Downtown sidewalks need power washing especially the 400 and 500 blocks. At times trash is overflowing. 5/25/2022 5:23 AM 22 That as the gov't body working for the greater good of the citizens of Clearwater, you should REALLY do that... Use the monie to provide/nurture/help/aid those citizens of Clearwater who are trying to and struggling to make it in the economy and advance their small or self- employed business and provide for their own basic survival, food & shelter. 5/24/2022 4:53 PM 23 Think of you citizens who have lost business's during 2020 and beyond, lost family members etc...GIVE BACK TO THE PEOPLE... 5/24/2022 9:37 AM 24 Make better decisions on spending. With no real knowledge of expenses, revenues, or attendance, we have spent $84 million on a park. Instead of adding resturants to the waterside like most cities on the water, we have a park. Keep up the poor decision making. Please keep feedign the homeless down here so they have a nice splash park to wash themselves each day. 5/24/2022 8:45 AM 25 The list is a good one and it’s hard to choose but it appears to be comprehensive covering quite a few areas something for everyone 5/23/2022 10:11 PM 26 Install electric automobile charging stations 5/23/2022 7:39 PM 27 Besides reimbursing the city for COVID expenses, none of these are directly related to COVID and thus ideally, you should return the money to the people. This is why we are having such high inflation and continuing to spend all this money only continues the problem. 5/23/2022 5:10 PM 28 The city is spending a grand amount of money in the downtown corridore. Please consider expenditures that are in the outlying neighborhoods where citizens actually live, work & play. 5/23/2022 11:15 AM 29 We've put enough money into building up downtown. It's time to spread the funds to other communities in the city. 5/23/2022 9:08 AM 30 Listen to staff and the citizens more.5/23/2022 6:59 AM 31 Maybe NEW and INNOVATIVE projects NOT in the CIP should be pondered.5/23/2022 5:47 AM 32 Get scientology out of here.5/22/2022 12:13 PM 33 Clearwater utility costs are going up. Why not help maintain lower costs for those that have lived in the city and paid taxes for years? 5/22/2022 9:56 AM How Should Clearwater Spend the City's American Rescue Plan Act Funds? 20 / 36 34 As we all know parking at our beach has become beyond challenging, as such I feel efforts should be made to foster funding for trolley services & them being more assailable to the public along with sponsored free rides by vans and alike whereby one tips the drivers for their services. 5/22/2022 8:00 AM 35 put the money back into the community i.e. affordable housing, arts and parks 5/21/2022 12:38 PM 36 Please cooperate and work with the Church of Scientology as they actually do have the best interests of Clearwater and its citizens at heart. 5/21/2022 12:03 PM 37 thanks for asking for input 5/21/2022 11:50 AM 38 Re ensnare the employees fired or released at Clearwater Gas.Find a replacement for Micha the acting head of Engineering with a competent engineer and non political person. 5/21/2022 9:36 AM 39 Please slow down on constant development. We need to look at more public green space rather than constant new building, especially on the beaches. Climate change is real yet Clearwater behaves as if it will not affect us. 5/21/2022 8:09 AM 40 Projects that encompass the city as a whole would benefit a greater range of residents and an overall improvement such as streets and affordable broadband. 5/20/2022 11:39 PM 41 Ofrer more things to do besides the beach like make Clearwater like Channelside or more nightclubs, restaurants. Put more things on Gluf to Bay. 5/20/2022 8:44 PM 42 Please don’t use it all on politicians pet projects. The rest of us live here too. Make it transparent online when the projects are selected 5/20/2022 8:12 PM 43 Please make sure that Scientology does not get money 5/20/2022 7:14 PM 44 Why can’t some of the funding go towards a place for our homeless in Clearwater?5/20/2022 7:08 PM 45 Underground utilities to be installed on the barrier islands of Clearwater Beach and Island Estates. 5/20/2022 6:30 PM 46 Come up with a bright idea that makes buying a home something the person or family will live in, not a commodity to make $. 5/20/2022 5:51 PM 47 I have lived in Clearwater for 21 years on the border of North Greenwood. I often debate moving because nothing is being done to handle the crimes surrounding my family home. I would rather stay. I like my home and its proximity to things I like but this is a prime example of what happens. The higher income families move out of Clearwater because no clean up is occuring after several decades. 5/20/2022 5:13 PM 48 We appreciate you using these funds to help Clearwater shine!5/20/2022 5:10 PM 49 Why isn’t all of Clearwater incorporated? How can that be addressed and possible make all of Clearwater incorporated. 5/20/2022 4:04 PM 50 Don’t forget about your employees. They worked hard throughout the pandemic and were not rewarded for their hard work. 5/20/2022 3:01 PM How Should Clearwater Spend the City's American Rescue Plan Act Funds? 21 / 36 97.75%87 0.00%0 93.26%83 0.00%0 94.38%84 97.75%87 95.51%85 0.00%0 93.26%83 75.28%67 Q8 If you'd like to stay updated about the city's spending of ARPA monies, please leave us your contact information. Answered: 89 Skipped: 130 #NAME DATE 1 Matthew Herndon 6/30/2022 2:54 PM 2 Cassady Hild 6/30/2022 9:59 AM 3 ROBERT L BERG 6/28/2022 3:37 PM 4 barbara fisher 6/25/2022 8:11 PM 5 Fred Haman 6/18/2022 2:01 PM 6 Melissa Collie 6/16/2022 8:55 AM 7 Thaddeus Feldhouse 6/15/2022 6:39 PM 8 pakita leone 6/11/2022 7:16 AM 9 Susan Pease 6/8/2022 6:12 AM 10 Jonah Faulkner 6/7/2022 10:16 PM 11 Camille Hebting 6/2/2022 8:37 AM 12 Jasmine Stafford 6/1/2022 10:26 PM 13 Ellen Navarro Anderson 6/1/2022 7:56 PM 14 Kelvin Tiedman 6/1/2022 12:54 PM 15 Patrick Raftery 6/1/2022 11:28 AM 16 Rebecca Batten 6/1/2022 10:10 AM 17 Jeff Souers 5/31/2022 5:56 PM 18 Timothy Drewett 5/31/2022 2:59 PM 19 Jennifer Haithcock 5/31/2022 1:59 PM ANSWER CHOICES RESPONSES Name Company Address Address 2 City/Town State/Province ZIP/Postal Code Country Email Address Phone Number How Should Clearwater Spend the City's American Rescue Plan Act Funds? 22 / 36 20 Frank Grandich 5/31/2022 12:35 PM 21 Donna Marley 5/31/2022 12:16 PM 22 Blain Enderle 5/27/2022 5:28 PM 23 Ambrosia Coots 5/26/2022 11:18 PM 24 Lisa Murphy 5/26/2022 9:58 PM 25 Barbara Lawton 5/26/2022 9:14 AM 26 Tina Horn 5/25/2022 8:27 PM 27 Therese McKeon 5/25/2022 4:33 PM 28 Francis Bugaj 5/25/2022 3:39 AM 29 Lee Hall-Perkins 5/24/2022 8:14 PM 30 Linda Stacey 5/24/2022 5:51 PM 31 SALLY HEATH 5/24/2022 4:54 PM 32 ROGER Akerman 5/24/2022 4:12 PM 33 Meagan Heller 5/24/2022 3:13 PM 34 Tereasa Akerman 5/24/2022 2:57 PM 35 DAVID LOMAKA 5/24/2022 11:52 AM 36 nathaniel g ramsey 5/24/2022 10:45 AM 37 Karisa Rojas-Norton 5/24/2022 10:07 AM 38 Tom Morris 5/24/2022 9:52 AM 39 Rowland Johnson 5/24/2022 9:38 AM 40 Gerry Lee 5/24/2022 9:37 AM 41 Karen cunningham 5/24/2022 9:09 AM 42 Amber Dame 5/24/2022 7:46 AM 43 Susan baylis 5/23/2022 10:12 PM 44 Lisa Tuttle 5/23/2022 8:44 PM 45 Robert Wirth 5/23/2022 5:10 PM 46 Donna Dennis 5/23/2022 5:08 PM 47 Lisa Millsaps 5/23/2022 11:15 AM 48 Joseph Smiley 5/23/2022 9:09 AM 49 Wendy Bouffard 5/23/2022 9:09 AM 50 Sheron Heera 5/23/2022 9:02 AM 51 Terry Jones 5/23/2022 8:57 AM 52 Jonelle Lasala 5/23/2022 6:59 AM 53 Katherine korovessi 5/22/2022 10:13 PM 54 Dino Korovessis 5/22/2022 8:36 PM 55 Brian Phiscator 5/22/2022 7:34 PM 56 Shelley Jaffe 5/22/2022 3:45 PM 57 Robyn Scott Coit 5/22/2022 9:47 AM How Should Clearwater Spend the City's American Rescue Plan Act Funds? 23 / 36 58 Paul Bouffard 5/22/2022 8:01 AM 59 Paul Jiracek 5/21/2022 10:44 PM 60 Ellen Metterle 5/21/2022 6:45 PM 61 Lisa Tuttle 5/21/2022 2:52 PM 62 Patrick M Brislin 5/21/2022 12:38 PM 63 katherine J Hallquist 5/21/2022 12:03 PM 64 Sandy C 5/21/2022 10:55 AM 65 Dorothy Johnson 5/21/2022 10:44 AM 66 Robert j Roperti 5/21/2022 9:38 AM 67 Amanda 5/21/2022 9:28 AM 68 Kathleen Gylfe 5/21/2022 8:09 AM 69 Jennifer Jones 5/20/2022 10:15 PM 70 Chernique Williams 5/20/2022 8:45 PM 71 Suzanne Kramer 5/20/2022 8:26 PM 72 Pavel Tropin 5/20/2022 8:26 PM 73 Elian 5/20/2022 7:15 PM 74 Alecia Collins Andrews 5/20/2022 7:08 PM 75 Nick Vitale 5/20/2022 6:55 PM 76 Michelle Downs 5/20/2022 6:47 PM 77 David Calvin Farrar 5/20/2022 6:30 PM 78 Santa Henriquez 5/20/2022 6:00 PM 79 Monica Vilardi 5/20/2022 5:52 PM 80 Elyse Aronson-Van Breemen 5/20/2022 5:52 PM 81 Brian 5/20/2022 5:39 PM 82 Maria L Klein 5/20/2022 5:13 PM 83 Meghan Panek 5/20/2022 5:13 PM 84 c 5/20/2022 5:11 PM 85 David Kayser 5/20/2022 5:09 PM 86 LaShawn Harrison 5/20/2022 4:04 PM 87 erin mcnamara 5/20/2022 2:21 PM #COMPANY DATE There are no responses. #ADDRESS DATE 1 1177 Venetian Harbor DrNE 6/30/2022 2:54 PM 2 322 Jasmine Way 6/30/2022 9:59 AM 3 2842 Foxwood Ct.6/28/2022 3:37 PM 4 201 N Hillcrest Dr 6/25/2022 8:11 PM 5 2892 Allapattah Drive 6/18/2022 2:01 PM How Should Clearwater Spend the City's American Rescue Plan Act Funds? 24 / 36 6 1117 Fairmont St 6/16/2022 8:55 AM 7 1416 S HILLCREST AVE 6/15/2022 6:39 PM 8 1549 10th St SW 6/11/2022 7:16 AM 9 5658 34th Avenue North 6/8/2022 6:12 AM 10 1755 Fulton Ave 6/2/2022 8:37 AM 11 1435 Fairmont St 6/1/2022 10:26 PM 12 105 N Aurora Avenue 6/1/2022 7:56 PM 13 1968 Sun Tree Blvd 6/1/2022 12:54 PM 14 3237 Masters Drive 6/1/2022 11:28 AM 15 1757 Algonquin Dr 6/1/2022 10:10 AM 16 950 Bruce Ave 5/31/2022 5:56 PM 17 1101 Macrae Ave 5/31/2022 2:59 PM 18 1345 Park St 5/31/2022 1:59 PM 19 2301 Alligator creek road 5/31/2022 12:35 PM 20 13938 Egret Ln 5/31/2022 12:16 PM 21 10177 106TH Ter 5/27/2022 5:28 PM 22 907 lotus path 5/26/2022 11:18 PM 23 1536 rosemont dr 5/26/2022 9:58 PM 24 1770 N Betty Lane #109 5/26/2022 9:14 AM 25 1471 Laura St 5/25/2022 8:27 PM 26 1231 Bermuda st 5/25/2022 4:33 PM 27 1621 Gulf blvd.5/25/2022 3:39 AM 28 2751 Sunset Point Rd 5/24/2022 8:14 PM 29 2438 Enterprise Road, #2618 5/24/2022 5:51 PM 30 PO BOX 2122 5/24/2022 4:54 PM 31 3412 Ferncliff Lane 5/24/2022 4:12 PM 32 249 Winward Passage 5/24/2022 3:13 PM 33 3412 Ferncliff Lane 5/24/2022 2:57 PM 34 19 Heilwood St 5/24/2022 11:52 AM 35 336 TAVERNIER DR 5/24/2022 10:45 AM 36 310 Kerry Drive 5/24/2022 10:07 AM 37 2709 Via Cipriani Unit 522B 5/24/2022 9:52 AM 38 P.O. Box 7623 5/24/2022 9:38 AM 39 3448 lake shore lane 5/24/2022 9:37 AM 40 3178 Eagles Landing Circle w 5/24/2022 9:09 AM 41 1459 Ambassador dr 5/23/2022 10:12 PM 42 1000 Pineview Ave 5/23/2022 5:10 PM 43 223 Island Way Apt 4B 5/23/2022 5:08 PM How Should Clearwater Spend the City's American Rescue Plan Act Funds? 25 / 36 44 844 Forest Glen Road 5/23/2022 11:15 AM 45 1275 Wood Avenue 5/23/2022 9:09 AM 46 421 Palm Is. SE 5/23/2022 9:09 AM 47 1933 Peppermill Drive 5/23/2022 9:02 AM 48 900 N. Martin Luther king Jr Ave, Clearwater, FL 33755 5/23/2022 8:57 AM 49 401 Pennsylvania Avenue 5/23/2022 6:59 AM 50 1960 Marlington Way 5/22/2022 10:13 PM 51 1960 Marlington Way 5/22/2022 8:36 PM 52 1606 Eden Ct 5/22/2022 7:34 PM 53 1357 Admiral Woodson Lane 5/22/2022 3:45 PM 54 4330 Presto Circle 5/22/2022 9:47 AM 55 421 Palm Island SE 5/22/2022 8:01 AM 56 2512 Dogwood Ct 5/21/2022 10:44 PM 57 2411 Parkstream Ave 5/21/2022 6:45 PM 58 1801 Union St 5/21/2022 12:38 PM 59 PO Box 324 5/21/2022 12:03 PM 60 331 Cleveland Street 5/21/2022 10:55 AM 61 2936 Saint Croix Drive 5/21/2022 10:44 AM 62 411 S. Garden Ave 5/21/2022 9:38 AM 63 1384 Orange st 5/21/2022 9:28 AM 64 529 BAMBOO LN 5/21/2022 8:09 AM 65 1035 N Madison Ave 5/20/2022 10:15 PM 66 310 S Old Coachman Rd 5/20/2022 8:45 PM 67 1648 Grove St 5/20/2022 8:26 PM 68 204 S Jupiter Ave 5/20/2022 8:26 PM 69 Jones 5/20/2022 7:15 PM 70 1440 Pinebrook Drive 5/20/2022 7:08 PM 71 630 Wells Ct Unit 301 5/20/2022 6:55 PM 72 2280 Glenmoor Rd South 5/20/2022 6:47 PM 73 224 Skiff PT 5/20/2022 6:30 PM 74 2419 Gulf To Bay Boulevard 5/20/2022 6:00 PM 75 1909 Harding Street 5/20/2022 5:52 PM 76 308 Vine Avenue 5/20/2022 5:52 PM 77 Andrus 5/20/2022 5:39 PM 78 22 Orangeview Avenue 5/20/2022 5:13 PM 79 1388 Palmetto St 5/20/2022 5:13 PM 80 1278 Sedeeva Cir N 5/20/2022 5:11 PM 81 2752 Haverhill Ct 5/20/2022 5:09 PM How Should Clearwater Spend the City's American Rescue Plan Act Funds? 26 / 36 82 1556 satsuma street 5/20/2022 4:04 PM 83 2101 brigadoon dr 5/20/2022 2:21 PM #ADDRESS 2 DATE There are no responses. #CITY/TOWN DATE 1 St. Petersburg 6/30/2022 2:54 PM 2 Clearwater 6/30/2022 9:59 AM 3 Clearwater 6/28/2022 3:37 PM 4 Clearwater 6/25/2022 8:11 PM 5 Clearwater 6/18/2022 2:01 PM 6 Clearwater 6/16/2022 8:55 AM 7 CLEARWATER 6/15/2022 6:39 PM 8 Largo 6/11/2022 7:16 AM 9 St. Petersburg 6/8/2022 6:12 AM 10 Clearwater 6/2/2022 8:37 AM 11 Clearwater 6/1/2022 10:26 PM 12 Clearwater 6/1/2022 7:56 PM 13 Clearwater 6/1/2022 12:54 PM 14 Clearwater 6/1/2022 11:28 AM 15 Clearwater 6/1/2022 10:10 AM 16 Clearwater 5/31/2022 5:56 PM 17 Clearwater 5/31/2022 2:59 PM 18 Clearwater 5/31/2022 1:59 PM 19 Clearwater 5/31/2022 12:35 PM 20 Clearwater 5/31/2022 12:16 PM 21 Largo 5/27/2022 5:28 PM 22 Clearwater 5/26/2022 11:18 PM 23 Clearwater 5/26/2022 9:58 PM 24 Clearwater 5/26/2022 9:14 AM 25 Clearwater 5/25/2022 8:27 PM 26 Clearwater 5/25/2022 4:33 PM 27 Clearwater Beach 5/25/2022 3:39 AM 28 Clearwater 5/24/2022 8:14 PM 29 Clearwater 5/24/2022 5:51 PM 30 CLEARWATER 5/24/2022 4:54 PM 31 Cleawater 5/24/2022 4:12 PM 32 Clearwater 5/24/2022 3:13 PM 33 CLEARWATER 5/24/2022 2:57 PM How Should Clearwater Spend the City's American Rescue Plan Act Funds? 27 / 36 34 Clearwater Beach 5/24/2022 11:52 AM 35 OLDSMAR 5/24/2022 10:45 AM 36 Clearwater 5/24/2022 10:07 AM 37 Clearwater 5/24/2022 9:52 AM 38 Clearwater 5/24/2022 9:38 AM 39 clearwater 5/24/2022 9:37 AM 40 Clearwater 5/24/2022 9:09 AM 41 Clearwater 5/23/2022 10:12 PM 42 Clearwater 5/23/2022 5:10 PM 43 Clearwater Beach 5/23/2022 5:08 PM 44 Clearwater 5/23/2022 11:15 AM 45 Clearwater, Florida 5/23/2022 9:09 AM 46 Clearwater 5/23/2022 9:09 AM 47 Clearwater 5/23/2022 9:02 AM 48 Clearwater 5/23/2022 8:57 AM 49 Clearwater 5/23/2022 6:59 AM 50 Clearwater 5/22/2022 10:13 PM 51 Clearwater 5/22/2022 8:36 PM 52 CLEARWATER 5/22/2022 7:34 PM 53 Clearwater 5/22/2022 3:45 PM 54 Grand prairie 5/22/2022 9:47 AM 55 Clearwater 5/22/2022 8:01 AM 56 Clearwater 5/21/2022 10:44 PM 57 Clearwater 5/21/2022 6:45 PM 58 Clearwater 5/21/2022 2:52 PM 59 CLEARWATER 5/21/2022 12:38 PM 60 Clearwater 5/21/2022 12:03 PM 61 Clearwater 5/21/2022 10:55 AM 62 Clearwater 5/21/2022 10:44 AM 63 Clearwater 5/21/2022 9:38 AM 64 Clearwater 5/21/2022 9:28 AM 65 CLEARWATER 5/21/2022 8:09 AM 66 Clearwater 5/20/2022 10:15 PM 67 Clearwater 5/20/2022 8:45 PM 68 Clearwater 5/20/2022 8:26 PM 69 Clearwater 5/20/2022 8:26 PM 70 Clearwater 5/20/2022 7:15 PM 71 Clearwater 5/20/2022 7:08 PM How Should Clearwater Spend the City's American Rescue Plan Act Funds? 28 / 36 72 Clearwater 5/20/2022 6:55 PM 73 Clearwater 5/20/2022 6:47 PM 74 Clearwater Beach 5/20/2022 6:30 PM 75 Clearwater 5/20/2022 6:00 PM 76 Clearwater 5/20/2022 5:52 PM 77 Clearwater 5/20/2022 5:52 PM 78 Clearwater 5/20/2022 5:39 PM 79 Clearwater 5/20/2022 5:13 PM 80 Clearwater 5/20/2022 5:13 PM 81 Clearwater 5/20/2022 5:11 PM 82 Clearwater 5/20/2022 5:09 PM 83 Clearwater 5/20/2022 4:04 PM 84 Clearwater 5/20/2022 2:21 PM #STATE/PROVINCE DATE 1 FL 6/30/2022 2:54 PM 2 FL 6/30/2022 9:59 AM 3 FL 6/28/2022 3:37 PM 4 FL 6/25/2022 8:11 PM 5 FL 6/18/2022 2:01 PM 6 FL 6/16/2022 8:55 AM 7 FL 6/15/2022 6:39 PM 8 FL 6/11/2022 7:16 AM 9 FL 6/8/2022 6:12 AM 10 FL 6/2/2022 8:37 AM 11 FL 6/1/2022 10:26 PM 12 FL 6/1/2022 7:56 PM 13 FL 6/1/2022 12:54 PM 14 FL 6/1/2022 11:28 AM 15 FL 6/1/2022 10:10 AM 16 FL 5/31/2022 5:56 PM 17 FL 5/31/2022 2:59 PM 18 FL 5/31/2022 1:59 PM 19 FL 5/31/2022 12:35 PM 20 FL 5/31/2022 12:16 PM 21 FL 5/27/2022 5:28 PM 22 FL 5/26/2022 11:18 PM 23 FL 5/26/2022 9:58 PM 24 FL 5/26/2022 1:00 PM How Should Clearwater Spend the City's American Rescue Plan Act Funds? 29 / 36 25 FL 5/26/2022 9:14 AM 26 FL 5/25/2022 8:27 PM 27 FL 5/25/2022 4:33 PM 28 FL 5/25/2022 3:39 AM 29 FL 5/24/2022 8:14 PM 30 FL 5/24/2022 5:51 PM 31 FL 5/24/2022 4:54 PM 32 FL 5/24/2022 4:12 PM 33 FL 5/24/2022 3:13 PM 34 FL 5/24/2022 2:57 PM 35 FL 5/24/2022 11:52 AM 36 FL 5/24/2022 10:45 AM 37 FL 5/24/2022 10:07 AM 38 FL 5/24/2022 9:52 AM 39 FL 5/24/2022 9:38 AM 40 FL 5/24/2022 9:37 AM 41 FL 5/24/2022 9:09 AM 42 FL 5/24/2022 7:46 AM 43 FL 5/23/2022 10:12 PM 44 FL 5/23/2022 5:10 PM 45 FL 5/23/2022 5:08 PM 46 FL 5/23/2022 11:15 AM 47 FL 5/23/2022 9:09 AM 48 FL 5/23/2022 9:09 AM 49 FL 5/23/2022 9:02 AM 50 FL 5/23/2022 8:57 AM 51 FL 5/23/2022 6:59 AM 52 FL 5/22/2022 10:13 PM 53 FL 5/22/2022 8:36 PM 54 FL 5/22/2022 7:34 PM 55 FL 5/22/2022 3:45 PM 56 TX 5/22/2022 9:47 AM 57 FL 5/22/2022 8:01 AM 58 FL 5/21/2022 10:44 PM 59 FL 5/21/2022 6:45 PM 60 FL 5/21/2022 2:52 PM 61 FL 5/21/2022 12:38 PM 62 FL 5/21/2022 12:03 PM How Should Clearwater Spend the City's American Rescue Plan Act Funds? 30 / 36 63 FL 5/21/2022 10:55 AM 64 FL 5/21/2022 10:44 AM 65 FL 5/21/2022 9:38 AM 66 FL 5/21/2022 9:28 AM 67 FL 5/21/2022 9:00 AM 68 FL 5/21/2022 8:09 AM 69 FL 5/20/2022 10:15 PM 70 FL 5/20/2022 8:45 PM 71 FL 5/20/2022 8:26 PM 72 FL 5/20/2022 8:26 PM 73 FL 5/20/2022 7:15 PM 74 FL 5/20/2022 7:08 PM 75 FL 5/20/2022 6:55 PM 76 FL 5/20/2022 6:47 PM 77 FL 5/20/2022 6:30 PM 78 FL 5/20/2022 6:00 PM 79 FL 5/20/2022 5:52 PM 80 FL 5/20/2022 5:52 PM 81 FL 5/20/2022 5:39 PM 82 FL 5/20/2022 5:13 PM 83 FL 5/20/2022 5:13 PM 84 FL 5/20/2022 5:11 PM 85 FL 5/20/2022 5:09 PM 86 FL 5/20/2022 4:04 PM 87 FL 5/20/2022 2:21 PM #ZIP/POSTAL CODE DATE 1 33702 6/30/2022 2:54 PM 2 33756 6/30/2022 9:59 AM 3 33761 6/28/2022 3:37 PM 4 33755-5013 6/25/2022 8:11 PM 5 33761 6/18/2022 2:01 PM 6 33755 6/16/2022 8:55 AM 7 33756 6/15/2022 6:39 PM 8 33770 6/11/2022 7:16 AM 9 33710 6/8/2022 6:12 AM 10 33755 6/2/2022 8:37 AM 11 33755 6/1/2022 10:26 PM 12 33765 6/1/2022 7:56 PM How Should Clearwater Spend the City's American Rescue Plan Act Funds? 31 / 36 13 33763 6/1/2022 12:54 PM 14 33761 6/1/2022 11:28 AM 15 33755 6/1/2022 10:10 AM 16 33767 5/31/2022 5:56 PM 17 33755 5/31/2022 2:59 PM 18 33758 5/31/2022 1:59 PM 19 33765 5/31/2022 12:35 PM 20 33762 5/31/2022 12:16 PM 21 33773 5/27/2022 5:28 PM 22 33756 5/26/2022 11:18 PM 23 33755 5/26/2022 9:58 PM 24 Barbara 5/26/2022 9:14 AM 25 33755 5/25/2022 8:27 PM 26 33755 5/25/2022 4:33 PM 27 33767 5/25/2022 3:39 AM 28 33759 5/24/2022 8:14 PM 29 33763 5/24/2022 5:51 PM 30 33757-2122 5/24/2022 4:54 PM 31 33761 5/24/2022 4:12 PM 32 33767 5/24/2022 3:13 PM 33 33761 5/24/2022 2:57 PM 34 33767 5/24/2022 11:52 AM 35 34677 5/24/2022 10:45 AM 36 33765 5/24/2022 10:07 AM 37 33764 5/24/2022 9:52 AM 38 33758 5/24/2022 9:38 AM 39 33761 5/24/2022 9:37 AM 40 33761 5/24/2022 9:09 AM 41 33764 5/23/2022 10:12 PM 42 33756 5/23/2022 5:10 PM 43 33767 5/23/2022 5:08 PM 44 33765 5/23/2022 11:15 AM 45 33755 5/23/2022 9:09 AM 46 33767 5/23/2022 9:09 AM 47 33763 5/23/2022 9:02 AM 48 33755 5/23/2022 8:57 AM 49 33755 5/23/2022 6:59 AM 50 33763 5/22/2022 10:13 PM How Should Clearwater Spend the City's American Rescue Plan Act Funds? 32 / 36 51 33763 5/22/2022 8:36 PM 52 33756-2311 5/22/2022 7:34 PM 53 33755 5/22/2022 3:45 PM 54 75052 5/22/2022 9:47 AM 55 33767 5/22/2022 8:01 AM 56 33761 5/21/2022 10:44 PM 57 33759 5/21/2022 6:45 PM 58 33765 5/21/2022 2:52 PM 59 33763 5/21/2022 12:38 PM 60 33757 5/21/2022 12:03 PM 61 33755 5/21/2022 10:55 AM 62 33759 5/21/2022 10:44 AM 63 33756 5/21/2022 9:38 AM 64 33756 5/21/2022 9:28 AM 65 33759 5/21/2022 9:00 AM 66 33764 5/21/2022 8:09 AM 67 33755 5/20/2022 10:15 PM 68 33765 5/20/2022 8:45 PM 69 33755 5/20/2022 8:26 PM 70 33755 5/20/2022 8:26 PM 71 33756 5/20/2022 7:15 PM 72 33755 5/20/2022 7:08 PM 73 33756 5/20/2022 6:55 PM 74 33764 5/20/2022 6:47 PM 75 33767 5/20/2022 6:30 PM 76 33765 5/20/2022 6:00 PM 77 33765 5/20/2022 5:52 PM 78 33755 5/20/2022 5:52 PM 79 33755 5/20/2022 5:39 PM 80 33755 5/20/2022 5:13 PM 81 33755 5/20/2022 5:13 PM 82 33755 5/20/2022 5:11 PM 83 33761 5/20/2022 5:09 PM 84 33756 5/20/2022 4:04 PM 85 33759 5/20/2022 2:21 PM #COUNTRY DATE There are no responses. #EMAIL ADDRESS DATE How Should Clearwater Spend the City's American Rescue Plan Act Funds? 33 / 36 1 mrherndo@gmail.com 6/30/2022 2:54 PM 2 Cassadyaclayton@gmail.com 6/30/2022 9:59 AM 3 rberg7@gmail.com 6/28/2022 3:37 PM 4 barbaracfisher@msn.com 6/25/2022 8:11 PM 5 Fred.Haman@gmail.com 6/18/2022 2:01 PM 6 meliscoll55@gmail.com 6/16/2022 8:55 AM 7 thad1065@gmail.com 6/15/2022 6:39 PM 8 tonkamom88@gmail.com 6/8/2022 6:12 AM 9 camille.hebting@gmail.com 6/2/2022 8:37 AM 10 jasmine.stafford1800@gmail.com 6/1/2022 10:26 PM 11 enavarroanderson@gmail.com 6/1/2022 7:56 PM 12 kjtiedman@gmail.com 6/1/2022 12:54 PM 13 raftery.patrick@gmail.com 6/1/2022 11:28 AM 14 lilbr1974@gmail.com 6/1/2022 10:10 AM 15 jrsouers@gmail.com 5/31/2022 5:56 PM 16 tim@flsurveyors.com 5/31/2022 2:59 PM 17 jhaithcock75@gmail.com 5/31/2022 1:59 PM 18 u2livedr@aol.com 5/31/2022 12:35 PM 19 dmarleylcsw@gmail.com 5/31/2022 12:16 PM 20 brosiaab@gmail.com 5/26/2022 11:18 PM 21 emurphy98@tampabay.rr.com 5/26/2022 9:58 PM 22 blawton@voa-fla.org 5/26/2022 9:14 AM 23 tinaaarenee@gmail.com 5/25/2022 8:27 PM 24 tmckeon3@cs.com 5/25/2022 4:33 PM 25 bugajfa@aol.com 5/25/2022 3:39 AM 26 pastor@mzumc.net 5/24/2022 8:14 PM 27 lestacey12@gmail.com 5/24/2022 5:51 PM 28 info2sally@gmail.com 5/24/2022 4:54 PM 29 rogakerman@gmail.com 5/24/2022 4:12 PM 30 mheller@cmaquarium.org 5/24/2022 3:13 PM 31 tgakerman@gmail.com 5/24/2022 2:57 PM 32 dlomaka@gmail.com 5/24/2022 11:52 AM 33 prophetramsey@yahoo.com 5/24/2022 10:45 AM 34 teamnorton1@gmail.com 5/24/2022 10:07 AM 35 thomas.h.morris@gmail.com 5/24/2022 9:52 AM 36 rowland.johnson@outlook.com 5/24/2022 9:38 AM 37 gerrylee316@gmail.com 5/24/2022 9:37 AM 38 webfloater@gmail.com 5/24/2022 9:09 AM How Should Clearwater Spend the City's American Rescue Plan Act Funds? 34 / 36 39 amber@fndfl.org 5/24/2022 7:46 AM 40 susieq842@yahoo.com 5/23/2022 10:12 PM 41 lisabeery@tampabay.rr.com 5/23/2022 8:44 PM 42 gobucz@gmail.com 5/23/2022 5:10 PM 43 donnis33@hotmail.com 5/23/2022 5:08 PM 44 lsfrank79@outlook.com 5/23/2022 11:15 AM 45 smiley.joseph@spcollege.edu 5/23/2022 9:09 AM 46 bouffardw@yahoo.com 5/23/2022 9:09 AM 47 sheera1122@gmail.com 5/23/2022 9:02 AM 48 TERRY@CLEARWATERNFC.ORG 5/23/2022 8:57 AM 49 jonellelasala@gmail.com 5/23/2022 6:59 AM 50 katerinakoro@yahoo.com 5/22/2022 10:13 PM 51 dino@melinainternational.com 5/22/2022 8:36 PM 52 Bphiscator@aol.com 5/22/2022 7:34 PM 53 Rscoit03@gmail.com 5/22/2022 9:47 AM 54 mainewon@aol.com 5/22/2022 8:01 AM 55 jiracek@earthlink.net 5/21/2022 10:44 PM 56 ellenM@wowway.com 5/21/2022 6:45 PM 57 lisabeery@tampabay.rr.com 5/21/2022 2:52 PM 58 pmb728@gmail.com 5/21/2022 12:38 PM 59 kathyjakobsen@yahoo.com 5/21/2022 12:03 PM 60 msgchick1@gmail.com 5/21/2022 10:55 AM 61 djp.johnson1@gmail.com 5/21/2022 10:44 AM 62 rjroperti@gmail.com 5/21/2022 9:38 AM 63 henion734@gmail.com 5/21/2022 9:28 AM 64 kgylfe@gmail.com 5/21/2022 8:09 AM 65 asugirlie@gmail.com 5/20/2022 10:15 PM 66 vsualum@yahoo.com 5/20/2022 8:45 PM 67 suzannekramer2@gmail.com 5/20/2022 8:26 PM 68 pavel.tropin@outlook.com 5/20/2022 8:26 PM 69 housewife0890@gmail.com 5/20/2022 7:15 PM 70 alecia_c2000@yahoo.com 5/20/2022 7:08 PM 71 nlslv86@gmail.com 5/20/2022 6:55 PM 72 mdowns1@tampabay.rr.com 5/20/2022 6:47 PM 73 davidfarrars@gmail.com 5/20/2022 6:30 PM 74 sanhenri0411@yahoo.com 5/20/2022 6:00 PM 75 vilardim@pcsb.org 5/20/2022 5:52 PM 76 elyse@creatingisjoy.com 5/20/2022 5:52 PM How Should Clearwater Spend the City's American Rescue Plan Act Funds? 35 / 36 77 ba91011@aol.com 5/20/2022 5:39 PM 78 mariaklein313@yahoo.com 5/20/2022 5:13 PM 79 meghpanek@yahoo.com 5/20/2022 5:13 PM 80 cmccarthy@taxcollect.com 5/20/2022 5:11 PM 81 kayser.david@yahoo.com 5/20/2022 5:09 PM 82 lashawn.harrison@me.com 5/20/2022 4:04 PM 83 irishsitter@gmail.com 5/20/2022 2:21 PM #PHONE NUMBER DATE 1 9417042793 6/30/2022 2:54 PM 2 3212985150 6/30/2022 9:59 AM 3 7275427799 6/28/2022 3:37 PM 4 7277855145 6/18/2022 2:01 PM 5 7274411818 6/16/2022 8:55 AM 6 7276864094 6/15/2022 6:39 PM 7 17275101888 6/8/2022 6:12 AM 8 7274156549 6/2/2022 8:37 AM 9 7272523189 6/1/2022 10:26 PM 10 8502287959 6/1/2022 7:56 PM 11 13173323000 6/1/2022 12:54 PM 12 727 786-3010 6/1/2022 11:28 AM 13 17274829970 5/31/2022 5:56 PM 14 8134650330 5/31/2022 1:59 PM 15 7277968916 5/31/2022 12:35 PM 16 9188124354 5/27/2022 5:28 PM 17 7274320602 5/26/2022 9:58 PM 18 17274418717 5/26/2022 9:14 AM 19 2169788035 5/25/2022 8:27 PM 20 8473026987 5/25/2022 3:39 AM 21 7278713540 5/24/2022 5:51 PM 22 727-400-2430 5/24/2022 4:54 PM 23 8135001694 5/24/2022 4:12 PM 24 7274411790 5/24/2022 3:13 PM 25 7274301089 5/24/2022 2:57 PM 26 7277980093 5/24/2022 11:52 AM 27 17277483019 5/24/2022 10:45 AM 28 7272388344 5/24/2022 10:07 AM 29 2033260894 5/24/2022 9:52 AM 30 7275858858 5/24/2022 9:38 AM How Should Clearwater Spend the City's American Rescue Plan Act Funds? 36 / 36 31 7277719600 5/24/2022 9:37 AM 32 7274189803 5/24/2022 9:09 AM 33 7275431861 5/23/2022 10:12 PM 34 7274555743 5/23/2022 5:10 PM 35 3134432587 5/23/2022 5:08 PM 36 17277123250 5/23/2022 11:15 AM 37 727-688-9186 5/23/2022 9:09 AM 38 727-482-8990 5/23/2022 9:09 AM 39 7277449622 5/23/2022 8:57 AM 40 3479863455 5/23/2022 6:59 AM 41 7277292715 5/22/2022 10:13 PM 42 5614606426 5/22/2022 8:36 PM 43 7274223913 5/22/2022 7:34 PM 44 8179757268 5/22/2022 9:47 AM 45 727-441-8211 5/22/2022 8:01 AM 46 727-647-9087 5/21/2022 10:44 PM 47 17277126228 5/21/2022 12:38 PM 48 7272388929 5/21/2022 12:03 PM 49 7275150994 5/21/2022 9:38 AM 50 7276420892 5/21/2022 9:28 AM 51 7274614847 5/21/2022 8:09 AM 52 4802006670 5/20/2022 10:15 PM 53 8049439442 5/20/2022 8:45 PM 54 9546872005 5/20/2022 8:26 PM 55 3235294758 5/20/2022 8:26 PM 56 8135570936 5/20/2022 7:08 PM 57 7274838237 5/20/2022 6:55 PM 58 7274590053 5/20/2022 6:47 PM 59 18138103564 5/20/2022 6:30 PM 60 7277420029 5/20/2022 6:00 PM 61 7276861406 5/20/2022 5:52 PM 62 7274464839 5/20/2022 5:52 PM 63 7272447470 5/20/2022 5:39 PM 64 17274246605 5/20/2022 5:13 PM 65 7277440266 5/20/2022 5:13 PM 66 7187447444 5/20/2022 5:09 PM 67 6313837995 5/20/2022 2:21 PM FUNDSAMERICAN RESCUE PLAN ACT The city of Clearwater has been allocated a total of $22,483,893 under this program. The ARPA allocation must be committed or contractually encumbered to projects and programs by the end of 2024. All money must be spent by 2026; any money unspent at that time must be returned to the federal government. Allowable uses of the funds include: • To respond to the pandemic or its negative economic impacts, including assistance to households, small businesses, and nonprofits, or aid to impacted industries such as tourism, travel, and hospitality. • For premium pay to eligible workers performing essential work during the pandemic. • For the provision of government services to the extent of the reduction in revenue because of the pandemic. • To make necessary investments in water, sewer, or broadband infrastructure. The Coronavirus State and Local Fiscal Recovery Funds (SLFRF) program, a part of the American Rescue Plan Act (ARPA), is delivering $350 billion to state, local, and Tribal governments across the country to support their response to and recovery from the COVID-19 public health emergency. 22.48$ MILLIONRECEIVED 2024MONEYSALLOCATED 2026MONEYSSPENT MYCLEARWATER.COM/ARPA The following projects meet the criteria and are being recommended by Clearwater staff: Startup Funding for North Greenwood Community Redevelopment Agency $5 million These funds will help the North Greenwood Community Redevelopment Agency start its redevelopment efforts. Because the Community Redevelopment Agency’s future funding is predicated on increasing the taxable value of the properties within the area, staff believes an initial investment in the neighborhood is appropriate to jumpstart these efforts. A centerpiece of the area is the North Ward School which the city has acquired and is ready to redevelop. Many other efforts are currently being planned in this area which is generally defined as a roughly 1.31-square-mile area to the north and northeast of downtown. Fiber Upgrades and Broadband Connectivity $3.5 million These funds will be used to upgrade the city’s traffic management infrastructure, which will allow for better traffic management by using an Intelligent Traffic System that can be integrated with regional partners’ systems. This will allow for better flow of traffic, which will have positive benefits in the areas of local job creation, travel time to and from work, and sustainability. Additionally, the infrastructure upgrades create a more secure network infrastructure for the city to protect city assets and enhance provided services. Affordable Housing $3.3 million Housing projects will include down payment assistance, rehabilitation and new construction of single-family and multi-family homes, and energy efficiency improvements such as installation of cool roofs and solar panels when practicable. These funds will be used to assist households with incomes between 80 and 120 percent Area Median Income. While this income bracket will be the primary target, worthwhile projects assisting households below 80 percent Area Mean Income will also be considered. Street and Sidewalk Improvements $2 million These funds will be used to expedite roadway, curb and sidewalk improvements in low-income communities. Approximately $1.7 million will be spent on milling and resurfacing roadways, and approximately $300,000 will be spent on sidewalk and curb improvements. This $2 million will be in addition to the $5.2 to $5.7 million that is budgeted annually for street and sidewalk improvements. Solar Panels for City Facilities $2 million These funds would be used to kick off the city’s solar installation program on city buildings. These investments will help reduce the costs related to energy use, allowing for operational funds to be reallocated or tax rates reduced. Pinellas Community Foundation $1 million Pinellas Community Foundation will fund organizations that provide emergency support for individuals and families that live in Clearwater who have housing and social services needs. Awardee must be able to complete the project by Sept. 30, 2026. Non-Profit Cultural Affairs Funding $1 million These funds are proposed as a grant-based program. Non-profit organizations in Clearwater that provide services within Clearwater will have an opportunity to request funding for programs that focus on cultural affairs. These could include area markets, concert or theater events, or other community social opportunities that are trying to be become financially feasible or that need financial assistance getting back to pre-pandemic levels of effectiveness. Education - Grants or Partnerships $1 million These funds would be used to provide a grant or partnership opportunity with a non-profit or government entity for programs that focus on educational opportunities targeting students who have fallen behind academically due to the pandemic. State Street Park Improvements $700,000 This project will provide for the development of State Street Park located on the southwest corner of State Street and North Betty Lane. This property was purchased more than 30 years ago for the purpose of developing a neighborhood park. The current homeowner association has been very active in promoting this park and desires to have additional park improvements. Development of the park would preserve the tree canopy and allow the park to remain in as much of its natural state as possible. Development could include improved open-field play areas and the addition of a playground, nature/walking trails, fencing, water fountain, parking, signage and other park amenities. Invasive plant species would also be removed from the park. Clearwater Main Library Info Hub $625,000 This project would transform the first floor of the Main Library into a one-stop destination that supports and enhances citizen use of the new Coachman Park and downtown by relocating the library’s most-used resources and services. To support this one-stop model, part of the reference and circulation staff would join to create an “information hub” on the first floor where patrons could get any technical or library support or information about activities in Coachman Park. Reimburse the City for COVID Expenses $2,358,893 The city expended monies on the Clearwater Back-to-Business Grants and Professional Services Program for COVID-19 relief during fiscal years 2020 and 2021. Additionally, the city paid essential employees premium pay and vacation accruals during the pandemic, per the city’s emergency deployment and compensation policy. Staff is recommending $2,358,893 of reimbursement to the city’s operating budget for these expenses. Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0780 Agenda Date: 8/4/2022 Status: Attorney ReportVersion: 1 File Type: Action ItemIn Control: Legal Department Agenda Number: 11.1 SUBJECT/RECOMMENDATION: Approve the Contract for Sale of Real Property by the City of Clearwater, Florida (Contract) between the City of Clearwater, Gotham Property Acquisitions, LLC (Gotham) and The DeNunzio Group, LLC (DeNunzio) for the former City Hall site located at 112 S. Osceola Avenue and authorize the appropriate officials to execute same, together with all other instruments required to effect closing. SUMMARY: The former City Hall, located on a portion of 112 S. Osceola Avenue, has been vacant since January 2019 and contributes no taxable value to the City. Nor does it provide housing, jobs or amenities for Clearwater residents. The Imagine Clearwater plan, adopted by Clearwater residents, identified this property as a potential site for redevelopment to complement Coachman Park and stimulate downtown. Pursuant to the Community Redevelopment Act, the City of Clearwater issued a Call for Development Concepts (No. 28-22) for Downtown Clearwater Waterfront Development Opportunities for the old City Hall Site and the Harborview Site. In response, Gotham and DeNunzio presented a development concept that proposed a purchase of the old City Hall site, for the purpose of creating approximately 600 apartments and amenities. Design and construction details will be memorialized in a development agreement, which is being offered to the City Council as a separate agenda item. This item is the Purchase and Sale Agreement (PSA) for the old City Hall site. The proposed purchase price is $15,400,000.00. This price represents the full appraised value at the time the Call for Development Concepts was issued. In addition, the PSA contemplates a Closing Date by December 31, 2024, barring unusual circumstances. The PSA requires the buyer to obtain all pre-development approvals, such as an approved site plan and building permit, prior to closing. The City Charter currently requires the City, prior to selling its real estate, to first declare the property surplus and sell the property to the highest bidder. Because this PSA involves a specific buyer and development partner, the PSA requires an amendment to the City Charter before the PSA can be fulfilled. A separate ordinance is being presented to the City Council which, if approved, will ask voters to consider amending the Page 1 City of Clearwater Printed on 8/3/2022 File Number: ID#22-0780 City Charter to allow the PSA to be fulfilled. The PSA will terminate if the ordinance is not approved by Council, or if the proposed Charter amendment is rejected by voters during the November 2022 general election. Page 2 City of Clearwater Printed on 8/3/2022 1 CONTRACT FOR PURCHASE OF REAL PROPERTY PARTIES: THE CITY OF CLEARWATER, FLORIDA, a Municipal Corporation of the State of Florida whose mailing address is P.O. Box 4748, Clearwater, Florida 33758-3683 (herein "Seller" or "City"), and The DeNunzio Group, LLC, a Florida limited liability company ("DeNunzio"), whose mailing address is 3060 Alternate 19 North, Palm Harbor, Florida 34683, and Gotham Property Acquisitions, LLC, a New York limited liability company (“Gotham”), whose mailing address is 432 Park Avenue South, Second Floor, New York, New York 10016, (DeNunzio and Gotham are collectively referred to herein as “Buyer”) (each a "Party" and collectively the "Parties") hereby agree that the Seller shall sell, and Buyer shall buy the following real property upon the following terms and conditions contained herein (“Contract”). 1. PROPERTY DESCRIPTION A. A parcel of land generally described as: Exhibit "A" (attached hereto and incorporated herein): • Parcel "A" – a portion of Pinellas County Property I.D. # 16-29-15-20358-001- 0040, depicted in Exhibit "A" attached hereto and by this reference made a part hereof, not to exceed 2.7 acres in size. Parcel “A” shall be more particularly described by a survey as provided for in Section 10 herein. B. All buildings and other improvements situated thereon, including, but not limited to, any fixtures, building materials or equipment located thereon (collectively, the “Improvements”); C. Any and all land use, zoning, and development rights and other intangible rights and interests owned by Seller and in any way related to, benefiting, or used and/or to be used in connection with the Land, including, without limitation, any third party warranties or guaranties relating to the Land or its Improvements; D. All licenses, permits, consents, rights-of-way and approvals that benefit or are related to the Land, including, but not limited to, the Approvals and all riparian and littoral rights, all prepaid impact and other fees, all sewer and water rights/commitments, zoning applications and other land use and/or development rights/commitments; and E. Such other rights, interests and properties as may be specified in this Contract to be sold, transferred, assigned or conveyed by Seller to Buyer. Parcel “A”, together with the Improvements, rights, interests and other properties described above, are collectively called “the Land.” 2 PERSONALTY: NONE 2. FULL PURCHASE PRICE ................................................................. $15,400,000.00 Together with any credits or funds provided for herein or in that certain Development Agreement (defined herein) executed on even day herewith and memorializing the intended use of the Land. The Parties acknowledge that the Seller shall be required to contribute funds to Buyer pursuant to the Development Agreement; such funds are for the benefit of Buyer and shall be shown as a credit on the closing statement, and any excess funds shall be released directly to Buyer. 3. MANNER OF PAYMENT: Federal funds wire in United States currency funds at time of closing as more particularly described in this Contract. 4. PURCHASE PRICE The full Purchase Price of Fifteen Million and Four Hundred Thousand Dollars and no/100s ($15,400,000.00) as shown herein, subject to adjustments pursuant to this Contract and the Development Agreement, has been reached in accordance with the terms of that certain Request for Development Concepts (RFP No. 28-22) for Downtown Clearwater Waterfront Development Opportunities for the old City Hall Site and the Harborview Site, as defined in the Development Agreement. Jim Millspaugh, PAI performed appraisals of the Land on behalf of the Seller pursuant to City of Clearwater Charter requirements. 5. PURPOSE The Council of the City of Clearwater, Florida ("Council") determined its desire to convey the Land to Buyer pursuant to the approval of Ordinance 9597-22. 6. TIME FOR ACCEPTANCE APPROVALS At its meeting of August 4, 2022, Council authorized execution of this Contract by the City Manager. The Parties agree this Contract is expressly contingent on the approval of the Referendum amending the City Charter authorized to be placed on the ballot by Ordinance 9597-22 as approved by Council on August 4, 2022 (the “Referendum”). In the event the Referendum does not receive approval at the general election held November 8, 2022, this Contract and all responsibilities of the parties herein shall be of no further effect. 3 7. TITLE Seller warrants authority to and legal capacity to and shall convey marketable title to the Land by Special Warranty Deed, subject only to matters contained in Paragraph 8 of this Contract. Otherwise, title shall be free of all liens and encumbrances of record or known to Seller, but subject only to the Permitted Exceptions; and at Closing no violation of the foregoing exists. 8. TITLE EVIDENCE A. Seller shall, at Seller's expense and no later than December 9, 2022, deliver to Buyer a title insurance commitment issued by a Florida licensed title insurer (“Title Company”) agreeing to liens, encumbrances, exceptions or qualifications set forth in this Contract, and those which shall be discharged by Seller at or before Closing (“Title Commitment”). The Title Commitment shall agree to issue to Buyer, upon the Closing of this transaction, a title insurance policy in the full amount of the Purchase Price, without exception for any matters other than the Permitted Exceptions as hereinafter defined. In addition, Seller agrees to provide Title Company with all documentation as may be necessary or required related to the approval of the Referendum. B. If the Title Commitment and/or Survey (defined below) reveals any defects or any matters that are unacceptable to Buyer (a “Defect”), Buyer shall notify Seller in writing of such Defects within twenty (20) days after Buyer’s receipt of the Title Commitment and/or the Survey, whichever is later. Notwithstanding anything to the contrary, delivery of the Title Commitment and any updates thereto to the Seller, shall be deemed Buyer’s written notice of Defects. Seller shall, at its sole cost and expense, promptly undertake to eliminate all such Defects to the reasonable satisfaction of Buyer and the Title Company. Seller agrees to use its best efforts to satisfy promptly any such Defects, but in the event Seller is unable within the exercise of due diligence to satisfy said Defects within sixty (60) days after said notice, Buyer may, at its option, (a) accept title subject to the Defects raised by Buyer in which event said Defects shall be deemed to be waived for all purposes or (b) cancel this Contract upon written notice to Seller and this Contract shall be of no further force and effect. It is expressly agreed that Buyer, in its sole discretion, may elect to accept or reject any proposed affirmative title insurance as a satisfaction of a Defect. It is further specifically understood that Buyer hereby objects to and will require the deletion of all standard exceptions including, without limitation: i. rights or claims of parties in possession not shown by public records; ii. easements or claims of easements not shown by public records; iii. discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any items in which a correct survey and 4 inspection of the Land would disclose and which are not shown by public records; iv. any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by public records; and v. defects and liens first appearing subsequent to the effective date of the Title Commitment but prior to the Closing Date. Notwithstanding the foregoing, Seller shall take all steps and spend any and all sums required to satisfy and effect the removal prior to closing of any title matters other than the Permitted Exceptions if such title matters are liquidated in amount or if caused by Seller. In the event that a lien, claim, or cause of action has been or shall be asserted related to any matter arising prior to Closing, Seller shall, at its sole cost and expense, immediately discharge or bond the discharge of same and defend against any claim or cause of action related thereto. Any licenses or easements through adjoining private land for drainage, ingress, egress, parking, vehicular and pedestrian passage and the installation, operation and maintenance of utilities shall be pursuant to recorded agreements satisfactory to Buyer in its sole discretion, and the easement areas created thereby shall be insured by the Title Company as part of the Land insured under the title policy issued at the Closing Date. C. The Land shall be conveyed to Buyer subject to no liens, charges, encumbrances, easements, restrictions, exceptions, reservations or other matters of any kind or character other than the following exceptions (collectively, the “Permitted Exceptions”): i. Ad valorem taxes and assessments for the year of Closing and subsequent years, provided the same are not then due and payable; and ii. Zoning ordinances, provided the same permit the existing and Buyer’s contemplated utilization of the Land pursuant to those uses approved in the Development Agreement. iii. All terms contained within that certain Development Agreement related to the Land, recorded in the Official Records of Pinellas County, and more particularly described in Section 9 of this Contract. iv. The terms of the Deed Restriction as provided in Section 11. 9. DEVELOPMENT AGREEMENT 5 The Land shall be encumbered by that certain Development Agreement between the City of Clearwater dated August 4, 2022 and recorded in Book ______, Pages ______ of the Official Records of Pinellas County, Florida. ("Development Agreement"). Execution of the Development Agreement shall occur simultaneously with the execution of this Contract. The Parties acknowledge that the Development Agreement also includes additional real property that is not subject to this Contract (“Harborview Site”), which is described on Exhibit B hereto. In the event the Development Agreement is terminated prior to Closing as to the Land, then this Contract shall be deemed automatically terminated and all responsibilities of the parties herein shall be of no further effect. Failure to obtain approval of the Development Agreement shall not be deemed a breach of this Contract by either Party hereto. A default under the Development Agreement with respect to the Land shall not be deemed a default with respect to the Harborview Site and a default under the Development Agreement with respect to Harborview Site shall not be deemed a default by the Buyer or Seller with respect to the Land. For the avoidance of doubt, the Parties acknowledge and agree that closing under this Contract is not conditioned upon closing on Harborview Site pursuant to the Contract of Purchase of Real Property By The City of Clearwater, Florida between Buyer and the City, dated as of the date hereof (the “Harborview Site Contract”) and a closing under the Harborview Site Contract is not a condition to closing under this Contract. The parties further acknowledge and agree that a default under this Contract shall not be deemed a default under the Harborview Site Contract and default under the Harborview Site Contract shall not be deemed a default under this Contract. 10. SURVEY Seller shall, prior to the expiration of the Inspection Period, deliver a survey of the Land to Buyer (“Survey”), as prepared by a registered Florida land surveyor (“Surveyor”). If the Survey shows any encroachment on the Land, or that improvements located on the Land encroach on setback lines, easements, lands of others, or violate any restrictions, contract covenants or applicable governmental regulation, or any other unacceptable matter, including any issue with Buyer’s intended use of the Land, the same shall constitute a Defect. The Survey shall be performed to minimum technical standards of the Florida Administrative Code and may include a description of the Land under the Florida Coordinate System as defined in Chapter 177, Florida Statutes and certified to Seller, Buyer, Buyer’s assign as provided for in this Contract, Title Company, any other title insurance company or lender as required by Buyer. Additionally, Seller agrees to assign or otherwise transfer the Survey to Buyer and otherwise provide direction to the Surveyor so that Buyer can modify the Survey and otherwise continue to utilize the Survey and Surveyor, at Buyer’s risk. In consideration for the Seller providing this Survey, the Buyer agrees to hold Seller harmless as to the content, completeness, and accuracy of the information contained in the Survey (“Hold Harmless”); however, the Hold Harmless shall not apply to the plat as more particularly described in the Development Agreement. 6 11. DEED RESTRICTION Buyer and Seller agree that a paramount purpose of this Contract and associated Development Agreement is to stimulate economic activity. For this reason, the Deed shall include a restriction that Buyer will not deed the Land or any portion thereof to any not- for-profit entity. For the avoidance of doubt, this restriction shall survive the expiration of the Development Agreement. 12. INTENTIONALLY DELETED 13. CLOSING PLACE AND DATE The closing of the transaction contemplated under this Contract (“Closing”) shall be closed in the offices of the designated Closing Agent in Pinellas County, Florida on or before December 31, 2024, unless extended by the time allotted for the removal of title defects as provided for in Paragraph 8 above, Force Majeure Event, Governmental Delay, or as provided below in this Section 13 (“Closing Date”). The Seller shall designate the closing agent (“Closing Agent”). The Buyer and Seller acknowledge and agree that time shall be of the essence with respect to the performance by the Buyer of its obligation to purchase the Land, pay the Purchase Price, and otherwise consummate the transactions contemplated in this Contract by the Closing Date. For that reason, if the Closing does not occur by the Closing Date except in the case of Event of Default on the part of Seller, the Seller shall have the unilateral right, in its sole discretion, to terminate the Contract without penalty if Closing does not occur on or before the Closing Date. Notwithstanding the previous paragraph, if the Closing does not occur by the Closing Date, and provided that Buyer is using Commercially Reasonable Efforts (as defined in the Development Agreement) to obtain approval for any necessary permits or other Approvals, Buyer shall have the option to extend Closing Date for an additional ninety (90) days, by delivering written notice thereof to Seller prior to the expiration of the Closing Date, and submitting payment to the Seller in the sum of Two Hundred Thousand Dollars ($200,000.00) (“Extension Fee”), which Extension Fee shall be nonrefundable and not applicable towards the Purchase Price except in the case of an Event of Default on the part of the Seller. 14. CLOSING DOCUMENTS Closing Agent, on behalf of Seller, shall furnish closing statements for the respective Parties. Additionally the respective Parties shall execute, as applicable, the following closing documents at Closing: i. Special Warranty Deed; 7 ii. Bill of Sale (if applicable); iii. Mechanic's Lien and Possession Affidavit; iv. FIRPTA affidavit; v. Corrective instruments that may be required for the conveyance; vi. Blanket conveyance and assignment; vii. All other documents as may be required by this Contract or by the Title Company, including any documentation required by the Title Company to verify approval of the Referendum; viii. Escrow Agreement; and ix. All other documents that may be required under the Development Agreement. The appropriate Parties shall deliver resolutions or applicable documents authorizing the sale and delivery of the deed and certifying the resolution or documents and setting forth facts showing the conveyance conforms to the requirements of local law. 15. CLOSING EXPENSES Pursuant to Chapter 201.24, Florida Statutes, Seller is exempt from paying documentary stamps on the deed. Buyer shall pay the cost for documentary stamps if applied to this transaction. Recordation of the deed shall be paid by Buyer. Seller shall pay the costs of recording any corrective instruments, the Survey, and title insurance as provided in this Contract. All other closing costs shall be apportioned in the manner customary for commercial real estate transactions in Pinellas County, Florida. 16. PRORATIONS; CREDITS Taxes, assessments, rent (if any) and other revenue of the Land shall be prorated through the day before Closing. Closing Agent shall collect all ad valorem taxes uncollected but due through day prior to Closing Date and deliver same to the Pinellas County Tax Collector or other applicable party. If the amount of taxes and assessments for the current year cannot be ascertained, rates for the previous year shall be used with due allowance being made for improvements and exemptions. Assessments for any improvements that are substantially complete at time of closing shall be paid in full by Seller. Additionally, the Purchase Price shall be subject to any applicable prorations, credits, or offsets as provided for herein or in the Development Agreement. 17. OCCUPANCY 8 Seller warrants that there are no parties in occupancy other than the Seller, or as otherwise disclosed herein. Seller agrees to deliver occupancy of the Land at time of Closing Date unless otherwise stated herein. At Closing, Buyer agrees to accept the Property in its existing conditions unless otherwise stated herein or in separate writing. The Land shall be delivered free and clear of all occupants, licensees or other users, except as provided for in this Contract. 18. LEASES Seller warrants there are no tenants occupying the Land and that no leases, licenses, or other occupancy agreements exist, recorded or unrecorded, authorizing such occupancy or use of the Land. 19. PROPERTY CONDITION Subject to the representations and warranties contained in this Contract, and Seller’s obligations under the Development Agreement, including, but not limited to Seller’s obligation to undertake the environmental remediation and demolition of the existing improvements on the Land, Seller shall deliver the Land to Buyer at time of Closing Date in accordance with the Contract and the terms of the Development Agreement. Seller makes no warranties other than is disclosed in this Contract, in the Development Agreement, or in any of the Closing Documents. a. As Is with Right of Inspection: Buyer may as of the Effective Date, at Buyer’s expense, and within 60 days following the Referendum Date hereof ("Inspection Period"), conduct inspections, tests, environmental and any other investigations of the Land Buyer deems necessary to determine suitability for Buyer's intended use. Upon Seller's execution hereof, Seller shall grant reasonable access to the Land to Buyer, its agents, contractors and assigns for the purposes of conducting the inspections provided, however, that any intrusive sampling of soils and groundwater on the Land shall be conducted only (i) during regular business hours, (ii) with no less than two (2) business days prior written notice to Seller, which notice shall include the proposed scope of work for any such intrusive sampling, and (iii) in a manner which will not unduly interfere with Seller's current use of the Land. Prior to entering the Land or performing any intrusive soil or groundwater sampling on the Land, Buyer shall deliver to Seller a certificate of insurance evidencing that Buyer's consultant has in place and shall maintain during the pendency of work on the Land commercial general liability insurance with limits of at least One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) in the aggregate for bodily injury or death and property damage insurance including coverage for contractual liability covering any accident arising in connection with the presence of Buyer's consultant, or its subcontractors, agents and representatives on the Land, which shall name Seller as additional insureds and is written by a reputable insurance company, provided, however, that in no event shall Buyer be liable for any pre-existing conditions. Any damage to the Land caused by Buyer or its consultants in conducting any such environmental 9 assessment, investigation or review shall be repaired by Buyer at its sole cost and expense provided, however, that in no event shall Buyer be liable for any pre- existing conditions. Seller will ensure that throughout the Inspection Period, any existing utilities services required for Buyer's inspections and investigations shall be maintained and not disconnected. Buyer shall not engage in any activity that could result in a mechanics lien being filed against the Land without Seller's prior written consent. In the alternative, at the Buyer's sole discretion, if Seller offers to repair or otherwise remedy such conditions to Buyer’s satisfaction, Buyer may accept such offer. If Buyer terminates this Contract, and this transaction does not close, Buyer agrees, at Buyer's expense, to repair all damages to the Land resulting from the inspections and investigations and return the Land to its present condition. Buyer may terminate this Contract by written notice to Seller prior to expiration of the Inspection Period for any reason whatsoever, or for no reason. b. Buyer's Agreement to Indemnify: Buyer hereby agrees to indemnify, defend and hold Seller harmless from and against any and all liens, claims, causes of action, damages, liabilities and expenses (including reasonable attorneys' fees) caused by Buyer's inspections or tests permitted under this Contract with respect to conditions created by the Buyer as a result of its inspections. In no event shall Buyer be liable to indemnify Seller in connection with any pre-existing conditions. Buyer's obligations under this Section shall survive the termination of this Contract and shall survive the Closing. c. Document Delivery. Seller shall provide to Buyer any and all prior surveys, environmental reports, plans, specifications and contracts associated with the Land within ten (10) days of the Effective Date. 20. WALK-THROUGH INSPECTION At a time mutually agreeable between the Parties, but not later than the day prior to Closing, Buyer may conduct a final "walk-through" inspection of the Land to determine compliance with any Seller obligations and to ensure that all Property is in and on the premises. No new issues may be raised as a result of the walk-through. 21. RISK OF LOSS If the Land is damaged by fire or other casualty before closing, Buyer shall have the option of either taking the Land "as is", or of canceling this Contract. Seller shall have no obligation to repair or rebuild. 22. DEFAULT A material breach by either Party of any term of this Contract shall constitute an Event of Default. Upon an Event of Default, the aggrieved Party shall promptly notify all other 10 parties of the basis for concluding that an Event of Default has occurred. In such event, the accused Party shall have thirty (30) days to respond and cure the Event of Default or such longer period of time if such Event of Default is not capable of being cured within thirty (30) days provided the accused Party is making good faith efforts to cure such Event of Default (“Cure Right”). If the Party fails to respond, or fails to cure the Event of Default, the aggrieved Party shall have the ability to unilaterally cancel this Contract upon giving written notice to the other Party prior to Closing and exercise any and all rights available in law, in equity (including the right to seek specific performance), and under this Contract, provided, however, that in no event shall the Parties be liable for punitive, consequential or special damages. In the case of an Event of Default by the Seller, the Extension Fee shall be returned to the Buyer. The Cure Right shall not be applicable if a Party fails to close when all closing conditions precedent contained in this Contract are met. 23. RADON GAS NOTIFICATION In accordance with provisions of Section 404.056(8), Florida Statutes (2014), as amended, Buyer is hereby informed as follows: RADON GAS: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit. 24. CONTRACT NOT RECORDABLE; PERSONS BOUND BY THIS CONTRACT The Parties acknowledge that this Contract is a public record subject to the terms of Section 119, Florida Statutes; however, neither this Contract or any notice of it shall be recorded with or by the Clerk of Court. This Contract shall bind and inure to the benefit of the Buyer, the Seller, and their successors in interest. Whenever the context permits, singular shall include plural and one gender shall include all. 25. NOTICE All notices provided for herein shall be deemed to have been duly given if and when deposited in the United States Mail, properly stamped and addressed to the respective Party to be notified or by electronic mail, including the Parties to this Contract, the Parties' attorneys. Buyer: The DeNunzio Group, LLC Attn: Dustin DeNunzio 3060 Alternate 19 North Palm Harbor, FL 34683 Email: djd@thedenunziogroup.com 11 Gotham Property Acquisitions LLC Attn: Bryan Kelly 432 Park Avenue South, Second Floor New York, NY 10016 Email: bkelly@gothamorg.com With a copy to: Hill, Ward & Henderson, P.A. Attn: Katherine Cole 101 E. Kennedy Blvd., Suite 3700 Tampa, FL 33602 Email: katie.cole@hwhlaw.com Russell A. Kivler Hirschen Singer & Epstein LLP 902 Broadway, 13th Floor New York, NY 10010 Email: rkivler@hseny.com Seller: City of Clearwater Attn: David Margolis, City Attorney 600 Cleveland Street, 6th Floor Clearwater, FL 33755 Email: David.Margolis@MyClearwater.com 26. ASSIGNABILITY; PERSONS BOUND This Contract is not assignable by Buyer without the written consent of the Seller, which consent may be given or withheld in Seller's sole and absolute discretion; provided, however, Buyer may, without the consent of the Seller, (i) assign its interest in this Agreement to one or more Special Purpose Entities (defined below) and (ii) transfer membership interest in the Buyer and/or Special Purpose Entities to third party investors provided that one or more of the Key Principals (defined below) retain direct or indirect control of the Buyer and/or Special Purpose Entities, subject to major decision and removal rights of such lenders and/or investor members (each herein called a “Break- Out Owner”), such election and option of the Buyer being herein called the “SPE Option”. In the event Buyer elects the SPE Option, this Contract shall be deemed automatically assigned to each Break-Out Owner and the Break-Out Owner shall have all rights of Buyer with regard to the Land. Additionally, Buyer and/or the Special Purpose Entities shall be entitled to collaterally assign its interest in the Land to institutional lenders and/or investors in connection with the construction and/or permanent financing of the Land without the consent of Seller. “Key Principals” means David Picket, Matthew Picket and Dustin J. DeNunzio. 12 "Special Purpose Entities" means single purpose limited liability companies and/or limited partnerships formed for the purpose of directly or indirectly owning all or any portion of the Land, which entities shall be directly or indirectly controlled by one or more of the Key Principals. 27. ATTORNEY FEES; COSTS In any litigation arising out of this Contract, each Party shall pay its own attorney's fees and costs. 28. TYPEWRITTEN OR HANDWRITTEN PROVISIONS Typewritten or handwritten provisions shall control all printed provisions of Contract in conflict with them. 29. BROKER REPRESENTATION If either Party chooses to be represented by a Licensed Real Estate Broker upon Seller's execution hereof, then that Party solely shall be responsible for any such Broker fee or expense due to said Broker. 30. EFFECT OF PARTIAL INVALIDITY The invalidity of any provision of this Contract will not and shall not be deemed to affect the validity of any other provision. In the event that any provision of this Contract is held to be invalid, the Parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both Parties subsequent to the expungement of the invalid provision. 31. GOVERNING LAW AND VENUE It is agreed by and between the Parties hereto that this Contract shall be governed by, construed, and enforced in accordance with the laws of the State of Florida. Venue for any action brought in state court shall be in Pinellas County, Florida, Clearwater Division. Venue for an action brought in federal court shall be in the Middle District of Florida, Tampa Division. 32. COUNTERPARTS; FACSIMILE COPY This Contract may be executed in two or more counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument. A facsimile copy of this Contract, including any addendum, attachments and any written modifications hereof, and any initials or signature thereon shall be deemed an original. 33. ENTIRE AGREEMENT 13 Upon execution by Seller and Buyer, this Contract and any attached exhibits and the Development Agreement shall constitute the entire agreement between the Parties relating to the purchase of the Land, and shall supersede any and all prior and contemporaneous written and oral promises, representations or conditions in respect thereto. All prior negotiations, agreements, memoranda and writings shall be merged herein. Any changes to be made in this agreement shall only be valid when expressed in writing, acknowledged by the Parties and incorporated herein or attached hereto. 34. EFFECTIVE DATE AND REFERENDUM DATE The “Effective Date” of this Contract shall be defined as date that both Parties sign the Contract. The “Referendum Date” of this Contract shall be defined as the date upon which the Referendum of City of Clearwater voters approving the conveyance of the Land pursuant to the terms herein is certified by the supervisor of elections. 35. FINANCING CONTINGENCY Buyer shall apply for, and will thereafter continue to submit all documents required to obtain, a commercially reasonable loan to purchase the Land, if required by Buyer, and an executed term sheet related to financing to construct all of the improvements under the Approvals and the Development Agreement at or prior to the Closing Date (collectively the “Loan”). Buyer’s obligations under this Contract are contingent upon Buyer obtaining, no later than the Closing Date, financing to be secured by a first mortgage and lien against the Land in an amount and with terms reasonably acceptable to Buyer (“Financing Contingency”). If, despite Buyer’s commercially reasonable efforts, Buyer is unable to obtain financing in an amount and with terms reasonably acceptable to Buyer on or prior to the Closing Date, Buyer shall have the right to terminate this Contract by delivering written notice to Seller on or prior to the Closing Date. Thereafter, neither Party to this Contract shall have any further rights or liabilities under this Contract except with respect to those provisions that specifically provide that they survive the termination of this Contract. 36. DEVELOPMENT APPROVALS PERIOD Buyer and Seller’s obligation to consummate the transaction contemplated herein is contingent upon, including the other conditions occurring in Sections 39 and 40 of this Contract, Buyer obtaining all Approvals prior to the Closing Date. As used herein, the term “Approvals” shall mean all final non-appealable governmental permits described in the Development Agreement and applicable to Buyer’s development of the Land, where said permits are legally necessary prior to commencing construction on the Land as described in the Development Agreement, including, without limitation, to the extent applicable: (i) Flexible Development Approval for site plan approval including the allocation of density from the Public Amenities Incentives Pool, as provided for in the Development Agreement; (ii) all permits required from the City of Clearwater; (iii) any and 14 all permits required from the Southwest Florida Water Management District; and (iv) Approval of the Preliminary Plat, and, if applicable, Final Plat Approval. As used in this Contract, the term “final” will mean that all appeal periods will have expired without an appeal taken therefrom or, in the event any appeal is taken, a judgment will have been entered sustaining the Approvals and all appeal periods from such judgment will have expired. Except as provided in the Development Agreement, all costs and expenses associated with obtaining the Approvals and complying therewith will be paid solely by Buyer, except for the Preliminary and Final Plat Approval, which shall be provided by the Seller, and, subject to the terms and conditions of the Development Agreement. Seller hereby agrees and acknowledges that Buyer may apply for and obtain all necessary Approvals and may commence the Approvals as of the execution date of this Contract. Upon request by Buyer from time to time, Seller, at no cost or expense to Seller, shall, to the extent reasonably requested by Buyer, promptly execute, join in, consent to, and support any requests, applications, proposals, petitions, consents or hearings filed, initiated, or related to the Approvals reasonably requested by Buyer. 37. FORCE MAJEURE AND GOVERNMENTAL DELAY For purposes of this Contract, “Force Majeure Event” means any delay that is directly attributable to and caused by flood, fire, earthquake, hurricanes, tornadoes, wind storms, “named storms,” riots, national emergency, sabotage, strikes, labor dispute, wars, pandemics, events of similar or greater magnitude; terrorist threats or actions; or directives or orders issued by Governmental Authorities (defined below) that explicitly prohibit or prevent the Closing; the failure or refusal of Governmental Authorities to act and process applications within the time-frame allowed by law or ordinance, or otherwise hold public or private meetings due to COVID-19 or any other public health reason; unreasonable or unlawful delay by Governmental Authorities to act and process properly completed applications, permits and requested approvals with respect to the Approvals, an emergency order issued by Pinellas County, other emergency order issued by the City of Clearwater or other applicable governmental entities, agencies or authorities having jurisdiction, due to COVID-19 or any other public health reason or other causes beyond the reasonable control of Buyer. For the avoidance of doubt, a Force Majeure Event shall not include (1) financial distress or the inability of the Buyer to make a profit or avoid a financial loss; (2) changes in market prices; or (3) Buyer’s financial inability to perform its obligations hereunder. “Governmental Authorities” means any and all federal, state, county, city, town, other municipal corporation, governmental or quasi-governmental board, judge, court, agency, authority, department, or body having jurisdiction over the Land. Furthermore, notwithstanding anything to the contrary contained in the Contract, all time periods applicable to Buyer shall be subject to day-for-day extensions in the event of any Governmental Delay (as hereinafter defined). “Governmental Delay” means any actual 15 delay in the Approvals (including delays in the granting of entitlements or execution of agreements) to the extent that such delay is actually caused by any unlawful or unreasonable act or failure to act by the City or any of its employees, public officials, officers or committees/agencies (collectively, the “Government”). “City” refers to the City of Clearwater, Florida, the Seller in this Contract. If the Buyer reasonably determines that a Force Majeure Event or Governmental Delay is preventing the Buyer from timely closing or another deadline in the Contract, the procedure for tolling any time periods in this Contract shall follow the same procedures described in Section 9.16, Section 9.17, and Section 9.18 of the Development Agreement. 38. SELLER WARRANTIES AND REPRESENTATIONS Seller expressly covenants, warrants and represents the following matters: i. As of the date of Closing, no work has been performed or is in progress upon, and no materials have been furnished to, the Land or any part thereof, which might give rise to any mechanic’s, material or other liens against the Land or any part thereof (“Liens”). ii. Seller (a) is a municipal corporation validly existing under the laws of the State of Florida, (b) has the power and authority to carry on its business as now conducted, and (c) has the power and authority to execute and deliver this Contract, the deed and all other instruments to be executed and delivered by Seller in connection herewith and therewith, and to perform all of its obligations hereunder as provided for in the authorization provided by the City Council on August 4, 2022. iii. The execution and delivery by Seller of this Contract and all other documents executed in connection with this Contract and the performance by Seller of its obligations hereunder and thereunder: (a) have been duly authorized by all requisite municipal action in accordance with the laws of the State of Florida, (b) will not violate or be in conflict with any of the terms, conditions or provisions of any law, order, rule, regulation, ordinance, code or decree of any court or governmental authority, (c) will not result in a breach of or constitute (with or without the giving of notice or the passage of time, or both) a default under any indenture, agreement or other instrument to which Seller is a party or by which Seller or any of its properties or assets may be bound, and (d) will not result in the creation or imposition of any lien, charge or encumbrance of any nature whatsoever upon Buyer or the Land. iv. Except for the Referendum, no consent, approval or authorization of or registration, declaration or filing with any person or entity, including without limitation any governmental authority is required in connection with the valid execution of this Contract or the performance of any of the transactions required or contemplated 16 hereby or, if required, such consent, approval, authorization or registration, declaration or filing has been or shall have been obtained prior to the Closing. v. This Contract is, and all the documents to be delivered by Seller pursuant to this Contract will be, when executed by Seller, binding on and enforceable against Seller in accordance with their respective terms, except as such enforcement may be limited by (a) bankruptcy, insolvency, reorganization, moratorium or other similar laws relating to or affecting the rights and remedies of creditors, or (b) by general equitable principles (whether enforcement is sought in law or at equity). vi. During its ownership of the Land, there have not been and there are not now pending or, to Seller’s knowledge, threatened: (i) claims, complaints, notices, or requests for information received by Seller with respect to any alleged violation of any Environmental Law with respect to the Land; or (ii) claims, complaints, notices, or requests for information sent to Seller regarding potential or alleged liability under any Environmental Law with respect to the Land. vii. To Seller’s knowledge, the Land and all Improvements are in compliance with all Environmental Laws, or will be in compliance on the Closing Date. “Environmental Law” shall mean any present and future law and any amendments (whether common law, statute, rule, order, regulation or otherwise), permits and other requirements or guidelines of governmental authorities applicable to the Land and relating to the environment and environmental conditions or to any Hazardous Material (including, without limitation, CERCLA, 42 U.S.C. § 9601 et seq., the Resource Conservation and Recovery Act of 1976, 42 U.S.C. § 6901 et seq., the Hazardous Materials Transportation Act, 49 U.S.C. § 1801 et seq., the Federal Water Pollution Control Act, 33 U.S.C. § 1251 et seq., the Clean Air Act, 33 U.S.C. § 7401 et seq., the Toxic Substances Control Act, 15 U.S.C. § 2601 et seq., the Safe Drinking Water Act, 42 U.S.C. § 300f et seq., the Emergency Planning and Community Right-To-Know Act, 42 U.S.C. § 1101 et seq., the Occupational Safety and Health Act, 29 U.S.C. § 651 et seq., and any so-called “Super Fund” or “Super Lien” law, any law requiring the filing of reports and notices relating to Hazardous Materials, environmental laws administered by the Environmental Protection Agency, and any similar state and local laws, all amendments thereto and all regulations, orders, decisions, and decrees now or hereafter promulgated thereunder concerning the environment, industrial hygiene or public health or safety). The representations and warranties of Seller as set forth in this Contract shall be true and correct as of the Effective Date of this Contract and as of the Closing Date and shall survive the Closing of this transaction for a period of forty-eight (48) months after Closing. 39. CONDITIONS PRECEDENT TO BUYER’S OBLIGATION TO CLOSE. The obligation of Buyer to consummate the transactions contemplated by this Contract is subject to the following conditions precedent: 17 i. The execution and delivery of this Contract, and the consummation of the transactions contemplated by this Contract, shall have been approved by the Referendum. Sufficient evidence of that the Referendum has been approved shall be provided to the Title Company. ii. The Buyer obtaining the Loan described in Section 35 of this Contract. iii. No Event of Default exists under the Development Agreement with respect to the Land. iv. Buyer shall have received all necessary Approvals. v. Full payment by the Clearwater Community Redevelopment Agency (“CRA”) on behalf of Buyer of all impact fees and utility connection fees required by the Development Agreement. vi. Seller has satisfied all of its monetary obligations under the Development Agreement that are specifically required as a condition precedent to occur prior to Closing, unless waived by Buyer in its sole discretion. vii. Seller, or Seller’s designee, shall provide evidence of funding its obligations provided for in the Development Agreement, including the funding of the Pedestrian Bridge (as defined in the Development Agreement). The Parties agree to enter into a mutually agreeable separate escrow agreement prior to Closing related to the escrow of the funds for the Pedestrian Bridge (“Escrow Agreement”). viii. Seller shall have caused there to be no Liens on the Land, other than Permitted Exceptions. ix. Seller shall deliver a clean Phase I environmental report along with, if applicable, a Phase II environmental report indicating no further recognized environmental conditions exist on the Land that have not been addressed or remediated by the Seller. x. Seller shall conduct all remediation and demolition associated with the Land, at its sole cost and expense. xi. The Seller shall have allocated and committed the funds to construct the future Public Realm improvements described in Section 10.09 of the Development Agreement. xii. Seller’s deposit of the allocable portion of the Parking Contribution (as defined in the Development Agreement) for the Land as provided in the Development Agreement. 18 In the event that any of the foregoing conditions have not been fully and unconditionally satisfied for any reason on or before the Closing Date, Buyer may either, in its sole discretion, waive the condition precedent and proceed to close if the conditions set forth in Section 40 are met, or terminate this Contract by giving written notice to Seller on or before the Closing Date, in which case this Contract shall be deemed terminated without the necessity of further documentation. 40. CONDITIONS PRECEDENT TO SELLER’S OBLIGATION TO CLOSE The obligation of Seller to consummate the transactions contemplated by this Contract is subject to the following conditions precedent: i. The Buyer obtaining and providing proof to the Seller of the Loan described in Section 35 of this Contract. For the avoidance of doubt, proof of available construction financing may be in the form of an executed term sheet. ii. Buyer shall provide evidence of funding its obligations provided for in the Development Agreement, including the funding of the Pedestrian Bridge (as defined in the Development Agreement). The Parties agree to execute the Escrow Agreement at Closing. iii. Buyer shall provide evidence of a Construction Agreement. “Construction Agreement” shall be defined as an executed agreement between a general contractor, licensed in the State of Florida, or construction manager and the Buyer or the Buyer’s Affiliates or lenders, whereby the Buyer or Buyer’s Affiliates or lenders provide monetary compensation in exchange for a commitment to construct or ensure the construction of the improvements described in the Development Agreement relating to the Land. In the event that any of the foregoing conditions have not been fully and unconditionally satisfied for any reason on or before the Closing Date, Seller may either, in its sole discretion, waive the condition precedent and proceed to close if the conditions set forth in Section 39 are met, or terminate this Contract by giving written notice to Buyer on or before Closing, in which case this Contract shall be deemed terminated without the necessity of further documentation. 41. EXCULPATION. Notwithstanding anything to the contrary, in no event shall the partners, officers, directors, employees, affiliates or subsidiaries of the Buyer have any liability whatsoever pursuant to this Contract and Seller agrees to look solely to Buyer in connection with the remedies provided for in this agreement. 19 EXECUTED this ____ day of _____________________, 2022 by BUYER. Attest: The DeNunzio Group, LLC, a Florida limited liability company Sign By: Print: Sign: Title: Print: Gotham Property Acquisitions LLC, a New York limited liability company Sign By: Print: Sign: Title: Print: APPROVED BY SELLER & EFFECTIVE this ____ day of _____________________, 2022. Countersigned: CITY OF CLEARWATER, FLORIDA By: Mayor City Manager Approved as to form: Attest: City Attorney City Clerk 20 EXHIBIT “A” City Hall – Parcel A 21 22 17072240v1 EXHIBIT “B” Harborview Site a portion of Pinellas County Property I.D. #16-29-15-57996-000-0030, not to exceed 1.5 acres in size 23 24 17131874v6 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0788 Agenda Date: 8/4/2022 Status: Attorney ReportVersion: 1 File Type: Action ItemIn Control: Legal Department Agenda Number: 11.2 SUBJECT/RECOMMENDATION: Approve the Contract for Sale of Real Property by the City of Clearwater, Florida (Contract) between the City of Clearwater, Gotham Property Acquisitions, LLC (Gotham) and The DeNunzio Group, LLC (DeNunzio) for the former Harborview site, which was located at 320 Cleveland Street, and is being re-addressed as 50 N. Osceola Avenue and authorize the appropriate officials to execute same, together with all other instruments required to effect closing. SUMMARY: The former Harborview site, previously addressed as 320 Cleveland Street, and being re-addressed as 50 N. Osceola Ave., is a vacant lot and contributes no taxable value to the City. Nor does it provide housing, jobs or amenities for Clearwater residents. The Imagine Clearwater plan, adopted by Clearwater residents, identified this property as a potential site for redevelopment to complement Coachman Park and stimulate downtown. Pursuant to the Community Redevelopment Act, the City of Clearwater issued a Call for Development Concepts (No. 28-22) for Downtown Clearwater Waterfront Development Opportunities for the old City Hall Site and the Harborview Site. In response, Gotham and DeNunzio presented a development concept that proposed a purchase of the former Harborview site, for the purpose of creating an approximately 158 key full-service hotel, retail, restaurant, cultural and event space. Design and construction details will be memorialized in a development agreement, which is being offered to the City Council as a separate agenda item. This item is the Purchase and Sale Agreement (PSA) for the former Harborview site. The proposed purchase price is $9,300,000.00. This price represents the full appraised value at the time the Call for Development Concepts was issued. In addition, the PSA contemplates a Closing Date by December 31, 2024, barring unusual circumstances. The PSA requires the buyer to obtain all pre-development approvals, such as an approved site plan and building permit, prior to closing. The City Charter currently requires the City, prior to selling its real estate, to first declare the property surplus and sell the property to the highest bidder. Because this PSA involves a specific buyer and development partner, the PSA requires an amendment to the City Charter before the PSA can be fulfilled. A separate ordinance is being presented to the City Council which, if approved, will ask voters to consider amending the City Charter to allow the PSA to be Page 1 City of Clearwater Printed on 8/3/2022 File Number: ID#22-0788 fulfilled. The PSA will terminate if the ordinance is not approved by Council, or if the proposed Charter amendment is rejected by voters during the November 2022 general election. Page 2 City of Clearwater Printed on 8/3/2022 1 CONTRACT FOR PURCHASE OF REAL PROPERTY PARTIES: THE CITY OF CLEARWATER, FLORIDA, a Municipal Corporation of the State of Florida whose mailing address is P.O. Box 4748, Clearwater, Florida 33758- 3683 (herein "Seller" or "City"), and The DeNunzio Group, LLC, a Florida limited liability company ("DeNunzio"), whose mailing address is 3060 Alternate 19 North, Palm Harbor, Florida 34683, and Gotham Property Acquisitions, LLC, a New York limited liability company (“Gotham”), whose mailing address is 432 Park Avenue South, Second Floor, New York, New York 10016, (DeNunzio and Gotham are collectively referred to herein as “Buyer”) (each a "Party" and collectively the "Parties") hereby agree that the Seller shall sell, and Buyer shall buy the following real property upon the following terms and conditions contained herein (“Contract”). 1. PROPERTY DESCRIPTION A. A parcel of land generally described as: Exhibit "A" (attached hereto and incorporated herein): • Parcel "A" – a portion of Pinellas County Property I.D. #16-29-15-57996-000- 0030, more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof, not to exceed 1.5 acres in size. Parcel “A” shall be more particularly described by a survey as provided for in Section 10 herein. B. All buildings and other improvements situated thereon, including, but not limited to, any fixtures, building materials or equipment located thereon (collectively, the “Improvements”); C. Any and all land use, zoning, and development rights and other intangible rights and interests owned by Seller and in any way related to, benefiting, or used and/or to be used in connection with the Land, including, without limitation, any third party warranties or guaranties relating to the Land or its Improvements; D. All licenses, permits, consents, rights-of-way and approvals that benefit or are related to the Land, including, but not limited to, the Approvals and all riparian and littoral rights, all prepaid impact and other fees, all sewer and water rights/commitments, zoning applications and other land use and/or development rights/commitments; and E. Such other rights, interests and properties as may be specified in this Contract to be sold, transferred, assigned or conveyed by Seller to Buyer. Parcel “A”, together with the Improvements, rights, interests and other properties described above, are collectively called “the Land.” 2 PERSONALTY: NONE 2. FULL PURCHASE PRICE ................................................................... $9,300,000.00 Together with any credits or funds provided for herein or in that certain Development Agreement (defined herein) executed on even day herewith and memorializing the intended use of the Land. The Parties acknowledge that the Seller shall be required to contribute funds to Buyer pursuant to the Development Agreement; such funds are for the benefit of Buyer and shall be shown as a credit on the closing statement, and any excess funds shall be released directly to Buyer. 3. MANNER OF PAYMENT: Federal funds wire in United States currency funds at time of closing as more particularly described in this Contract. 4. PURCHASE PRICE The full Purchase Price of Nine Million and Three Hundred Thousand Dollars and no/100s ($9,300,000.00) as shown herein, subject to adjustments pursuant to this Contract and the Development Agreement, has been reached in accordance with the terms of that certain Request for Development Concepts (RFP No. 28-22) for Downtown Clearwater Waterfront Development Opportunities for the old City Hall Site and the Harborview Site, as defined in the Development Agreement. Jim Millspaugh, PAI performed appraisals of the Land on behalf of the Seller pursuant to City of Clearwater Charter requirements. 5. PURPOSE The Council of the City of Clearwater, Florida ("Council") determined its desire to convey the Land to Buyer pursuant to the approval of Ordinance 9597-22. 6. TIME FOR ACCEPTANCE APPROVALS At its meeting of August 4, 2022, Council authorized execution of this Contract by the City Manager. The Parties agree this Contract is expressly contingent on the approval of the Referendum amending the City Charter authorized to be placed on the ballot by Ordinance 9597-22 as approved by Council on August 4, 2022 (the “Referendum”). In the event the Referendum does not receive approval at the general election held November 8, 2022, this Contract and all responsibilities of the parties herein shall be of no further effect. 3 7. TITLE Seller warrants authority to and legal capacity to and shall convey marketable title to the Land by Special Warranty Deed, subject only to matters contained in Paragraph 8 of this Contract. Otherwise, title shall be free of all liens and encumbrances of record or known to Seller, but subject only to the Permitted Exceptions; and at Closing no violation of the foregoing exists. 8. TITLE EVIDENCE A. Seller shall, at Seller's expense and no later than December 9, 2022, deliver to Buyer a title insurance commitment issued by a Florida licensed title insurer (“Title Company”) agreeing to liens, encumbrances, exceptions or qualifications set forth in this Contract, and those which shall be discharged by Seller at or before Closing (“Title Commitment”). The Title Commitment shall agree to issue to Buyer, upon the Closing of this transaction, a title insurance policy in the full amount of the Purchase Price, without exception for any matters other than the Permitted Exceptions as hereinafter defined. In addition, Seller agrees to provide Title Company with all documentation as may be necessary or required related to the approval of the Referendum. B. If the Title Commitment and/or Survey (defined below) reveals any defects or any matters that are unacceptable to Buyer (a “Defect”), Buyer shall notify Seller in writing of such Defects within twenty (20) days after Buyer’s receipt of the Title Commitment and/or the Survey, whichever is later. Notwithstanding anything to the contrary, delivery of the Title Commitment and any updates thereto to the Seller, shall be deemed Buyer’s written notice of Defects. Seller shall, at its sole cost and expense, promptly undertake to eliminate all such Defects to the reasonable satisfaction of Buyer and the Title Company. Seller agrees to use its best efforts to satisfy promptly any such Defects, but in the event Seller is unable within the exercise of due diligence to satisfy said Defects within sixty (60) days after said notice, Buyer may, at its option, (a) accept title subject to the Defects raised by Buyer in which event said Defects shall be deemed to be waived for all purposes or (b) cancel this Contract upon written notice to Seller and this Contract shall be of no further force and effect. It is expressly agreed that Buyer, in its sole discretion, may elect to accept or reject any proposed affirmative title insurance as a satisfaction of a Defect. It is further specifically understood that Buyer hereby objects to and will require the deletion of all standard exceptions including, without limitation: i. rights or claims of parties in possession not shown by public records; ii. easements or claims of easements not shown by public records; 4 iii. discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any items in which a correct survey and inspection of the Land would disclose and which are not shown by public records; iv. any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by public records; and v. defects and liens first appearing subsequent to the effective date of the Title Commitment but prior to the Closing Date. Notwithstanding the foregoing, Seller shall take all steps and spend any and all sums required to satisfy and effect the removal prior to closing of any title matters other than the Permitted Exceptions if such title matters are liquidated in amount or if caused by Seller. In the event that a lien, claim, or cause of action has been or shall be asserted related to any matter arising prior to Closing, Seller shall, at its sole cost and expense, immediately discharge or bond the discharge of same and defend against any claim or cause of action related thereto. Any licenses or easements through adjoining private land for drainage, ingress, egress, parking, vehicular and pedestrian passage and the installation, operation and maintenance of utilities shall be pursuant to recorded agreements satisfactory to Buyer in its sole discretion, and the easement areas created thereby shall be insured by the Title Company as part of the Land insured under the title policy issued at the Closing Date. C. The Land shall be conveyed to Buyer subject to no liens, charges, encumbrances, easements, restrictions, exceptions, reservations or other matters of any kind or character other than the following exceptions (collectively, the “Permitted Exceptions”): i. Ad valorem taxes and assessments for the year of Closing and subsequent years, provided the same are not then due and payable; and ii. Zoning ordinances, provided the same permit the existing and Buyer’s contemplated utilization of the Land pursuant to those uses approved in the Development Agreement. iii. All terms contained within that certain Development Agreement related to the Land, recorded in the Official Records of Pinellas County, and more particularly described in Section 9 of this Contract. iv. The terms of the Deed Restriction as provided in Section 11. 5 9. DEVELOPMENT AGREEMENT The Land shall be encumbered by that certain Development Agreement between the City of Clearwater dated August 4, 2022 and recorded in Book ______, Pages ______ of the Official Records of Pinellas County, Florida. ("Development Agreement"). Execution of the Development Agreement shall occur simultaneously with the execution of this Contract. The Parties acknowledge that the Development Agreement also includes additional real property that is not subject to this Contract (“City Hall Site”), which is described on Exhibit B hereto. In the event the Development Agreement is terminated prior to Closing as to the Land, then this Contract shall be deemed automatically terminated and all responsibilities of the parties herein shall be of no further effect. Failure to obtain approval of the Development Agreement shall not be deemed a breach of this Contract by either Party hereto. A default under the Development Agreement with respect to the Land shall not be deemed a default with respect to the City Hall Site and a default under the Development Agreement with respect to City Hall Site shall not be deemed a default by the Buyer or Seller with respect to the Land. For the avoidance of doubt, the Parties acknowledge and agree that closing under this Contract is not conditioned upon closing on City Hall Site pursuant to the Contract of Purchase of Real Property By The City of Clearwater, Florida between Buyer and the City, dated as of the date hereof (the “City Hall Site Contract”) and a closing under the City Hall Site Contract is not a condition to closing under this Contract. The parties further acknowledge and agree that a default under this Contract shall not be deemed a default under the City Hall Site Contract and default under the City Hall Site Contract shall not be deemed a default under this Contract. 10. SURVEY Seller shall, prior to the expiration of the Inspection Period, deliver a survey of the Land to Buyer (“Survey”), as prepared by a registered Florida land surveyor (“Surveyor”). If the Survey shows any encroachment on the Land, or that improvements located on the Land encroach on setback lines, easements, lands of others, or violate any restrictions, contract covenants or applicable governmental regulation, or any other unacceptable matter, including any issue with Buyer’s intended use of the Land, the same shall constitute a Defect. The Survey shall be performed to minimum technical standards of the Florida Administrative Code and may include a description of the Land under the Florida Coordinate System as defined in Chapter 177, Florida Statutes and certified to Seller, Buyer, Buyer’s assign as provided for in this Contract, Title Company, any other title insurance company or lender as required by Buyer. Additionally, Seller agrees to assign or otherwise transfer the Survey to Buyer and otherwise provide direction to the Surveyor so that Buyer can modify the Survey and otherwise continue to utilize the Survey and Surveyor, at Buyer’s risk. In consideration for the Seller providing this Survey, the Buyer agrees to hold Seller 6 harmless as to the content, completeness, and accuracy of the information contained in the Survey (“Hold Harmless”); however, the Hold Harmless shall not apply to the plat as more particularly described in the Development Agreement. 11. DEED RESTRICTION Buyer and Seller agree that a paramount purpose of this Contract and associated Development Agreement is to stimulate economic activity. For this reason, the Deed shall include a restriction that Buyer will not deed the Land or any portion thereof to any not-for-profit entity. For the avoidance of doubt, this restriction shall survive the expiration of the Development Agreement. 12. INTENTIONALLY DELETED 13. CLOSING PLACE AND DATE The closing of the transaction contemplated under this Contract (“Closing”) shall be closed in the offices of the designated Closing Agent in Pinellas County, Florida on or before December 31, 2024, unless extended by the time allotted for the removal of title defects as provided for in Paragraph 8 above, Force Majeure Event, Governmental Delay, or as provided below in this Section 13 (“Closing Date”). The Seller shall designate the closing agent (“Closing Agent”). The Buyer and Seller acknowledge and agree that time shall be of the essence with respect to the performance by the Buyer of its obligation to purchase the Land, pay the Purchase Price, and otherwise consummate the transactions contemplated in this Contract by the Closing Date. For that reason, if the Closing does not occur by the Closing Date except in the case of Event of Default on the part of Seller, the Seller shall have the unilateral right, in its sole discretion, to terminate the Contract without penalty if Closing does not occur on or before the Closing Date. Notwithstanding the previous paragraph, if the Closing does not occur by the Closing Date, and provided that Buyer is using Commercially Reasonable Efforts (as defined in the Development Agreement) to obtain approval for any necessary permits or other Approvals, Buyer shall have the option to extend Closing Date for an additional ninety (90) days, by delivering written notice thereof to Seller prior to the expiration of the Closing Date, and submitting payment to the Seller in the sum of Two Hundred Thousand Dollars ($200,000.00) (“Extension Fee”), which Extension Fee shall be nonrefundable and not applicable towards the Purchase Price except in the case of an Event of Default on the part of the Seller. 14. CLOSING DOCUMENTS Closing Agent, on behalf of Seller, shall furnish closing statements for the respective Parties. Additionally the respective Parties shall execute, as applicable, the following closing documents at Closing: 7 i. Special Warranty Deed; ii. Bill of Sale (if applicable); iii. Mechanic's Lien and Possession Affidavit; iv. FIRPTA affidavit; v. Corrective instruments that may be required for the conveyance; vi. Blanket conveyance and assignment; vii. All other documents as may be required by this Contract or by the Title Company, including any documentation required by the Title Company to verify approval of the Referendum; viii. A license for the use of the Main Library Site, as described in Exhibit “C” attached hereto and made part hereof, for parking and access; ix. Escrow Agreement; and x. All other documents that may be required under the Development Agreement. The appropriate Parties shall deliver resolutions or applicable documents authorizing the sale and delivery of the deed and certifying the resolution or documents and setting forth facts showing the conveyance conforms to the requirements of local law. 15. CLOSING EXPENSES Pursuant to Chapter 201.24, Florida Statutes, Seller is exempt from paying documentary stamps on the deed. Buyer shall pay the cost for documentary stamps if applied to this transaction. Recordation of the deed shall be paid by Buyer. Seller shall pay the costs of recording any corrective instruments, the Survey, and title insurance as provided in this Contract. All other closing costs shall be apportioned in the manner customary for commercial real estate transactions in Pinellas County, Florida. 16. PRORATIONS; CREDITS Taxes, assessments, rent (if any) and other revenue of the Land shall be prorated through the day before Closing. Closing Agent shall collect all ad valorem taxes uncollected but due through day prior to Closing Date and deliver same to the Pinellas County Tax Collector or other applicable party. If the amount of taxes and assessments for the current year cannot be ascertained, rates for the previous year shall be used with due allowance being made for improvements and exemptions. Assessments for any improvements that are substantially complete at time of closing shall be paid in full by 8 Seller. Additionally, the Purchase Price shall be subject to any applicable prorations, credits, or offsets as provided for herein or in the Development Agreement. 17. OCCUPANCY Seller warrants that there are no parties in occupancy other than the Seller, or as otherwise disclosed herein. Seller agrees to deliver occupancy of the Land at time of Closing Date unless otherwise stated herein. At Closing, Buyer agrees to accept the Property in its existing conditions unless otherwise stated herein or in separate writing. The Land shall be delivered free and clear of all occupants, licensees or other users, except as provided for in this Contract. 18. LEASES Seller warrants there are no tenants occupying the Land and that no leases, licenses, or other occupancy agreements exist, recorded or unrecorded, authorizing such occupancy or use of the Land. 19. PROPERTY CONDITION Subject to the representations and warranties contained in this Contract, and Seller’s obligations under the Development Agreement, including, but not limited to Seller’s obligation to undertake the environmental remediation and demolition of the existing improvements on the Land, Seller shall deliver the Land to Buyer at time of Closing Date in accordance with the Contract and the terms of the Development Agreement. Seller makes no warranties other than is disclosed in this Contract, in the Development Agreement, or in any of the Closing Documents. a. As Is with Right of Inspection: Buyer may as of the Effective Date, at Buyer’s expense, and within 60 days following the Referendum Date hereof ("Inspection Period"), conduct inspections, tests, environmental and any other investigations of the Land Buyer deems necessary to determine suitability for Buyer's intended use. Upon Seller's execution hereof, Seller shall grant reasonable access to the Land to Buyer, its agents, contractors and assigns for the purposes of conducting the inspections provided, however, that any intrusive sampling of soils and groundwater on the Land shall be conducted only (i) during regular business hours, (ii) with no less than two (2) business days prior written notice to Seller, which notice shall include the proposed scope of work for any such intrusive sampling, and (iii) in a manner which will not unduly interfere with Seller's current use of the Land. Prior to entering the Land or performing any intrusive soil or groundwater sampling on the Land, Buyer shall deliver to Seller a certificate of insurance evidencing that Buyer's consultant has in place and shall maintain during the pendency of work on the Land commercial general liability insurance with limits of at least One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) in the aggregate for bodily injury or death and property damage insurance including coverage for contractual liability covering 9 any accident arising in connection with the presence of Buyer's consultant, or its subcontractors, agents and representatives on the Land, which shall name Seller as additional insureds and is written by a reputable insurance company, provided, however, that in no event shall Buyer be liable for any pre-existing conditions. Any damage to the Land caused by Buyer or its consultants in conducting any such environmental assessment, investigation or review shall be repaired by Buyer at its sole cost and expense provided, however, that in no event shall Buyer be liable for any pre-existing conditions. Seller will ensure that throughout the Inspection Period, any existing utilities services required for Buyer's inspections and investigations shall be maintained and not disconnected. Buyer shall not engage in any activity that could result in a mechanics lien being filed against the Land without Seller's prior written consent. In the alternative, at the Buyer's sole discretion, if Seller offers to repair or otherwise remedy such conditions to Buyer’s satisfaction, Buyer may accept such offer. If Buyer terminates this Contract, and this transaction does not close, Buyer agrees, at Buyer's expense, to repair all damages to the Land resulting from the inspections and investigations and return the Land to its present condition. Buyer may terminate this Contract by written notice to Seller prior to expiration of the Inspection Period for any reason whatsoever, or for no reason. b. Buyer's Agreement to Indemnify: Buyer hereby agrees to indemnify, defend and hold Seller harmless from and against any and all liens, claims, causes of action, damages, liabilities and expenses (including reasonable attorneys' fees) caused by Buyer's inspections or tests permitted under this Contract with respect to conditions created by the Buyer as a result of its inspections. In no event shall Buyer be liable to indemnify Seller in connection with any pre-existing conditions. Buyer's obligations under this Section shall survive the termination of this Contract and shall survive the Closing. c. Document Delivery. Seller shall provide to Buyer any and all prior surveys, environmental reports, plans, specifications and contracts associated with the Land within ten (10) days of the Effective Date. 20. WALK-THROUGH INSPECTION At a time mutually agreeable between the Parties, but not later than the day prior to Closing, Buyer may conduct a final "walk-through" inspection of the Land to determine compliance with any Seller obligations and to ensure that all Property is in and on the premises. No new issues may be raised as a result of the walk-through. 21. RISK OF LOSS If the Land is damaged by fire or other casualty before closing, Buyer shall have the option of either taking the Land "as is", or of canceling this Contract. Seller shall have no obligation to repair or rebuild. 10 22. DEFAULT A material breach by either Party of any term of this Contract shall constitute an Event of Default. Upon an Event of Default, the aggrieved Party shall promptly notify all other parties of the basis for concluding that an Event of Default has occurred. In such event, the accused Party shall have thirty (30) days to respond and cure the Event of Default or such longer period of time if such Event of Default is not capable of being cured within thirty (30) days provided the accused Party is making good faith efforts to cure such Event of Default (“Cure Right”). If the Party fails to respond, or fails to cure the Event of Default, the aggrieved Party shall have the ability to unilaterally cancel this Contract upon giving written notice to the other Party prior to Closing and exercise any and all rights available in law, in equity (including the right to seek specific performance), and under this Contract, provided, however, that in no event shall the Parties be liable for punitive, consequential or special damages. In the case of an Event of Default by the Seller, the Extension Fee shall be returned to the Buyer. The Cure Right shall not be applicable if a Party fails to close when all closing conditions precedent contained in this Contract are met. 23. RADON GAS NOTIFICATION In accordance with provisions of Section 404.056(8), Florida Statutes (2014), as amended, Buyer is hereby informed as follows: RADON GAS: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit. 24. CONTRACT NOT RECORDABLE; PERSONS BOUND BY THIS CONTRACT The Parties acknowledge that this Contract is a public record subject to the terms of Section 119, Florida Statutes; however, neither this Contract or any notice of it shall be recorded with or by the Clerk of Court. This Contract shall bind and inure to the benefit of the Buyer, the Seller, and their successors in interest. Whenever the context permits, singular shall include plural and one gender shall include all. 25. NOTICE All notices provided for herein shall be deemed to have been duly given if and when deposited in the United States Mail, properly stamped and addressed to the respective Party to be notified or by electronic mail, including the Parties to this Contract, the Parties' attorneys. 11 Buyer: The DeNunzio Group, LLC Attn: Dustin DeNunzio 3060 Alternate 19 North Palm Harbor, FL 34683 Email: djd@thedenunziogroup.com Gotham Property Acquisitions LLC Attn: Bryan Kelly 432 Park Avenue South, Second Floor New York, NY 10016 Email: bkelly@gothamorg.com With a copy to: Hill, Ward & Henderson, P.A. Attn: Katherine Cole 101 E. Kennedy Blvd., Suite 3700 Tampa, FL 33602 Email: katie.cole@hwhlaw.com Russell A. Kivler Hirschen Singer & Epstein LLP 902 Broadway, 13th Floor New York, NY 10010 Email: rkivler@hseny.com Seller: City of Clearwater Attn: David Margolis, City Attorney 600 Cleveland Street, 6th Floor Clearwater, FL 33755 Email: David.Margolis@MyClearwater.com 26. ASSIGNABILITY; PERSONS BOUND This Contract is not assignable by Buyer without the written consent of the Seller, which consent may be given or withheld in Seller's sole and absolute discretion; provided, however, Buyer may, without the consent of the Seller, (i) assign its interest in this Agreement to one or more Special Purpose Entities (defined below) and (ii) transfer membership interest in the Buyer and/or Special Purpose Entities to third party investors provided that one or more of the Key Principals (defined below) retain direct or indirect control of the Buyer and/or Special Purpose Entities, subject to major decision and removal rights of such lenders and/or investor members (each herein called a “Break-Out Owner”), such election and option of the Buyer being herein called the “SPE Option”. In the event Buyer elects the SPE Option, this Contract shall be deemed automatically assigned to each Break-Out Owner and the Break-Out Owner shall have all rights of Buyer with regard to the Land. Additionally, Buyer and/or the Special 12 Purpose Entities shall be entitled to collaterally assign its interest in the Land to institutional lenders and/or investors in connection with the construction and/or permanent financing of the Land without the consent of Seller. “Key Principals” means David Picket, Matthew Picket and Dustin J. DeNunzio. "Special Purpose Entities" means single purpose limited liability companies and/or limited partnerships formed for the purpose of directly or indirectly owning all or any portion of the Land, which entities shall be directly or indirectly controlled by one or more of the Key Principals. 27. ATTORNEY FEES; COSTS In any litigation arising out of this Contract, each Party shall pay its own attorney's fees and costs. 28. TYPEWRITTEN OR HANDWRITTEN PROVISIONS Typewritten or handwritten provisions shall control all printed provisions of Contract in conflict with them. 29. BROKER REPRESENTATION If either Party chooses to be represented by a Licensed Real Estate Broker upon Seller's execution hereof, then that Party solely shall be responsible for any such Broker fee or expense due to said Broker. 30. EFFECT OF PARTIAL INVALIDITY The invalidity of any provision of this Contract will not and shall not be deemed to affect the validity of any other provision. In the event that any provision of this Contract is held to be invalid, the Parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both Parties subsequent to the expungement of the invalid provision. 31. GOVERNING LAW AND VENUE It is agreed by and between the Parties hereto that this Contract shall be governed by, construed, and enforced in accordance with the laws of the State of Florida. Venue for any action brought in state court shall be in Pinellas County, Florida, Clearwater Division. Venue for an action brought in federal court shall be in the Middle District of Florida, Tampa Division. 32. COUNTERPARTS; FACSIMILE COPY 13 This Contract may be executed in two or more counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument. A facsimile copy of this Contract, including any addendum, attachments and any written modifications hereof, and any initials or signature thereon shall be deemed an original. 33. ENTIRE AGREEMENT Upon execution by Seller and Buyer, this Contract and any attached exhibits and the Development Agreement shall constitute the entire agreement between the Parties relating to the purchase of the Land, and shall supersede any and all prior and contemporaneous written and oral promises, representations or conditions in respect thereto. All prior negotiations, agreements, memoranda and writings shall be merged herein. Any changes to be made in this agreement shall only be valid when expressed in writing, acknowledged by the Parties and incorporated herein or attached hereto. 34. EFFECTIVE DATE AND REFERENDUM DATE The “Effective Date” of this Contract shall be defined as date that both Parties sign the Contract. The “Referendum Date” of this Contract shall be defined as the date upon which the Referendum of City of Clearwater voters approving the conveyance of the Land pursuant to the terms herein is certified by the supervisor of elections. 35. FINANCING CONTINGENCY Buyer shall apply for, and will thereafter continue to submit all documents required to obtain, a commercially reasonable loan to purchase the Land, if required by Buyer, and an executed term sheet related to financing to construct all of the improvements under the Approvals and the Development Agreement at or prior to the Closing Date (collectively the “Loan”). Buyer’s obligations under this Contract are contingent upon Buyer obtaining, no later than the Closing Date, financing to be secured by a first mortgage and lien against the Land in an amount and with terms reasonably acceptable to Buyer (“Financing Contingency”). If, despite Buyer’s commercially reasonable efforts, Buyer is unable to obtain financing in an amount and with terms reasonably acceptable to Buyer on or prior to the Closing Date, Buyer shall have the right to terminate this Contract by delivering written notice to Seller on or prior to the Closing Date. Thereafter, neither Party to this Contract shall have any further rights or liabilities under this Contract except with respect to those provisions that specifically provide that they survive the termination of this Contract. 36. DEVELOPMENT APPROVALS PERIOD Buyer and Seller’s obligation to consummate the transaction contemplated herein is contingent upon, including the other conditions occurring in Sections 39 and 40 of this Contract, Buyer obtaining all Approvals prior to the Closing Date. As used herein, the 14 term “Approvals” shall mean all final non-appealable governmental permits described in the Development Agreement and applicable to Buyer’s development of the Land, where said permits are legally necessary prior to commencing construction on the Land as described in the Development Agreement, including, without limitation, to the extent applicable: (i) Flexible Development Approval for site plan approval including the allocation of density from the Public Amenities Incentives Pool, as provided for in the Development Agreement; (ii) all permits required from the City of Clearwater; (iii) any and all permits required from the Southwest Florida Water Management District; and (iv) Approval of the Preliminary Plat, and, if applicable, Final Plat Approval. As used in this Contract, the term “final” will mean that all appeal periods will have expired without an appeal taken therefrom or, in the event any appeal is taken, a judgment will have been entered sustaining the Approvals and all appeal periods from such judgment will have expired. Except as provided in the Development Agreement, all costs and expenses associated with obtaining the Approvals and complying therewith will be paid solely by Buyer, except for the Preliminary and Final Plat Approval, which shall be provided by the Seller, and, subject to the terms and conditions of the Development Agreement. Seller hereby agrees and acknowledges that Buyer may apply for and obtain all necessary Approvals and may commence the Approvals as of the execution date of this Contract. Upon request by Buyer from time to time, Seller, at no cost or expense to Seller, shall, to the extent reasonably requested by Buyer, promptly execute, join in, consent to, and support any requests, applications, proposals, petitions, consents or hearings filed, initiated, or related to the Approvals reasonably requested by Buyer. 37. FORCE MAJEURE AND GOVERNMENTAL DELAY For purposes of this Contract, “Force Majeure Event” means any delay that is directly attributable to and caused by flood, fire, earthquake, hurricanes, tornadoes, wind storms, “named storms,” riots, national emergency, sabotage, strikes, labor dispute, wars, pandemics, events of similar or greater magnitude; terrorist threats or actions; or directives or orders issued by Governmental Authorities (defined below) that explicitly prohibit or prevent the Closing; the failure or refusal of Governmental Authorities to act and process applications within the time-frame allowed by law or ordinance, or otherwise hold public or private meetings due to COVID-19 or any other public health reason; unreasonable or unlawful delay by Governmental Authorities to act and process properly completed applications, permits and requested approvals with respect to the Approvals, an emergency order issued by Pinellas County, other emergency order issued by the City of Clearwater or other applicable governmental entities, agencies or authorities having jurisdiction, due to COVID-19 or any other public health reason or other causes beyond the reasonable control of Buyer. For the avoidance of doubt, a Force Majeure Event shall not include (1) financial distress or the inability of the Buyer to make a profit or avoid a financial loss; (2) 15 changes in market prices; or (3) Buyer’s financial inability to perform its obligations hereunder. “Governmental Authorities” means any and all federal, state, county, city, town, other municipal corporation, governmental or quasi-governmental board, judge, court, agency, authority, department, or body having jurisdiction over the Land. Furthermore, notwithstanding anything to the contrary contained in the Contract, all time periods applicable to Buyer shall be subject to day-for-day extensions in the event of any Governmental Delay (as hereinafter defined). “Governmental Delay” means any actual delay in the Approvals (including delays in the granting of entitlements or execution of agreements) to the extent that such delay is actually caused by any unlawful or unreasonable act or failure to act by the City or any of its employees, public officials, officers or committees/agencies (collectively, the “Government”). “City” refers to the City of Clearwater, Florida, the Seller in this Contract. If the Buyer reasonably determines that a Force Majeure Event or Governmental Delay is preventing the Buyer from timely closing or another deadline in the Contract, the procedure for tolling any time periods in this Contract shall follow the same procedures described in Section 9.16, Section 9.17, and Section 9.18 of the Development Agreement. 38. SELLER WARRANTIES AND REPRESENTATIONS Seller expressly covenants, warrants and represents the following matters: i. As of the date of Closing, no work has been performed or is in progress upon, and no materials have been furnished to, the Land or any part thereof, which might give rise to any mechanic’s, material or other liens against the Land or any part thereof (“Liens”). ii. Seller (a) is a municipal corporation validly existing under the laws of the State of Florida, (b) has the power and authority to carry on its business as now conducted, and (c) has the power and authority to execute and deliver this Contract, the deed and all other instruments to be executed and delivered by Seller in connection herewith and therewith, and to perform all of its obligations hereunder as provided for in the authorization provided by the City Council on August 4, 2022. iii. The execution and delivery by Seller of this Contract and all other documents executed in connection with this Contract and the performance by Seller of its obligations hereunder and thereunder: (a) have been duly authorized by all requisite municipal action in accordance with the laws of the State of Florida, (b) will not violate or be in conflict with any of the terms, conditions or provisions of any law, order, rule, regulation, ordinance, code or decree of any court or 16 governmental authority, (c) will not result in a breach of or constitute (with or without the giving of notice or the passage of time, or both) a default under any indenture, agreement or other instrument to which Seller is a party or by which Seller or any of its properties or assets may be bound, and (d) will not result in the creation or imposition of any lien, charge or encumbrance of any nature whatsoever upon Buyer or the Land. iv. Except for the Referendum, no consent, approval or authorization of or registration, declaration or filing with any person or entity, including without limitation any governmental authority is required in connection with the valid execution of this Contract or the performance of any of the transactions required or contemplated hereby or, if required, such consent, approval, authorization or registration, declaration or filing has been or shall have been obtained prior to the Closing. v. This Contract is, and all the documents to be delivered by Seller pursuant to this Contract will be, when executed by Seller, binding on and enforceable against Seller in accordance with their respective terms, except as such enforcement may be limited by (a) bankruptcy, insolvency, reorganization, moratorium or other similar laws relating to or affecting the rights and remedies of creditors, or (b) by general equitable principles (whether enforcement is sought in law or at equity). vi. During its ownership of the Land, there have not been and there are not now pending or, to Seller’s knowledge, threatened: (i) claims, complaints, notices, or requests for information received by Seller with respect to any alleged violation of any Environmental Law with respect to the Land; or (ii) claims, complaints, notices, or requests for information sent to Seller regarding potential or alleged liability under any Environmental Law with respect to the Land. vii. To Seller’s knowledge, the Land and all Improvements are in compliance with all Environmental Laws, or will be in compliance on the Closing Date. “Environmental Law” shall mean any present and future law and any amendments (whether common law, statute, rule, order, regulation or otherwise), permits and other requirements or guidelines of governmental authorities applicable to the Land and relating to the environment and environmental conditions or to any Hazardous Material (including, without limitation, CERCLA, 42 U.S.C. § 9601 et seq., the Resource Conservation and Recovery Act of 1976, 42 U.S.C. § 6901 et seq., the Hazardous Materials Transportation Act, 49 U.S.C. § 1801 et seq., the Federal Water Pollution Control Act, 33 U.S.C. § 1251 et seq., the Clean Air Act, 33 U.S.C. § 7401 et seq., the Toxic Substances Control Act, 15 U.S.C. § 2601 et seq., the Safe Drinking Water Act, 42 U.S.C. § 300f et seq., the Emergency Planning and Community Right-To-Know Act, 42 U.S.C. § 1101 et seq., the Occupational Safety and Health Act, 29 U.S.C. § 651 et seq., and any so-called “Super Fund” or “Super Lien” law, any law requiring the filing of reports and notices relating to Hazardous Materials, environmental laws administered by the Environmental Protection Agency, and any similar state and local laws, all 17 amendments thereto and all regulations, orders, decisions, and decrees now or hereafter promulgated thereunder concerning the environment, industrial hygiene or public health or safety). The representations and warranties of Seller as set forth in this Contract shall be true and correct as of the Effective Date of this Contract and as of the Closing Date and shall survive the Closing of this transaction for a period of forty-eight (48) months after Closing. 39. CONDITIONS PRECEDENT TO BUYER’S OBLIGATION TO CLOSE. The obligation of Buyer to consummate the transactions contemplated by this Contract is subject to the following conditions precedent: i. The execution and delivery of this Contract, and the consummation of the transactions contemplated by this Contract, shall have been approved by the Referendum. Sufficient evidence of that the Referendum has been approved shall be provided to the Title Company. ii. The Buyer obtaining the Loan described in Section 35 of this Contract. iii. No Event of Default exists under the Development Agreement with respect to the Land. iv. Buyer shall have received all necessary Approvals. v. Full payment by the Clearwater Community Redevelopment Agency (“CRA”) on behalf of Buyer of all impact fees and utility connection fees required by the Development Agreement. vi. Seller has satisfied all of its monetary obligations under the Development Agreement that are specifically required as a condition precedent to occur prior to Closing, unless waived by Buyer in its sole discretion. vii. Seller, or Seller’s designee, shall provide evidence of funding its obligations provided for in the Development Agreement, including the funding of the Pedestrian Bridge (as defined in the Development Agreement). The Parties agree to enter into a mutually agreeable separate escrow agreement prior to Closing related to the escrow of the funds for the Pedestrian Bridge (“Escrow Agreement”). viii. Seller shall have caused there to be no Liens on the Land, other than Permitted Exceptions. ix. Seller shall deliver a clean Phase I environmental report along with, if applicable, a Phase II environmental report indicating no further 18 recognized environmental conditions exist on the Land that have not been addressed or remediated by the Seller. x. Seller shall conduct all remediation and demolition associated with the Land, at its sole cost and expense. xi. The Seller shall have allocated and committed the funds to construct the future Public Realm improvements described in Section 10.09 of the Development Agreement. xii. Seller’s deposit of the allocable portion of the Parking Contribution (as defined in the Development Agreement) for the Land as provided in the Development Agreement. xiii. Approval by the parties of the License and Use Agreement for use of the Main Library Lot for parking and access. In the event that any of the foregoing conditions have not been fully and unconditionally satisfied for any reason on or before the Closing Date, Buyer may either, in its sole discretion, waive the condition precedent and proceed to close if the conditions set forth in Section 40 are met, or terminate this Contract by giving written notice to Seller on or before the Closing Date, in which case this Contract shall be deemed terminated without the necessity of further documentation. 40. CONDITIONS PRECEDENT TO SELLER’S OBLIGATION TO CLOSE The obligation of Seller to consummate the transactions contemplated by this Contract is subject to the following conditions precedent: i. The Buyer obtaining and providing proof to the Seller of the Loan described in Section 35 of this Contract. For the avoidance of doubt, proof of available construction financing may be in the form of an executed term sheet. ii. Buyer shall provide evidence of funding its obligations provided for in the Development Agreement, including the funding of the Pedestrian Bridge (as defined in the Development Agreement). The Parties agree to execute the Escrow Agreement at Closing. iii. Approval by the parties of the License and Use Agreement for use of the Main Library Lot for parking and access. iv. Buyer shall provide evidence of a Construction Agreement. “Construction Agreement” shall be defined as an executed agreement between a general contractor, licensed in the State of Florida, or construction manager and the Buyer or the Buyer’s Affiliates or lenders, whereby the Buyer or Buyer’s Affiliates or lenders provide monetary compensation in exchange for a 19 commitment to construct or ensure the construction of the improvements described in the Development Agreement relating to the Land. In the event that any of the foregoing conditions have not been fully and unconditionally satisfied for any reason on or before the Closing Date, Seller may either, in its sole discretion, waive the condition precedent and proceed to close if the conditions set forth in Section 39 are met, or terminate this Contract by giving written notice to Buyer on or before Closing, in which case this Contract shall be deemed terminated without the necessity of further documentation. 41. EXCULPATION. Notwithstanding anything to the contrary, in no event shall the partners, officers, directors, employees, affiliates or subsidiaries of the Buyer have any liability whatsoever pursuant to this Contract and Seller agrees to look solely to Buyer in connection with the remedies provided for in this agreement. 20 EXECUTED this ____ day of _____________________, 2022 by BUYER. Attest: The DeNunzio Group, LLC, a Florida limited liability company Sign By: Print: Sign: Title: Print: Gotham Property Acquisitions LLC, a New York limited liability company Sign By: Print: Sign: Title: Print: APPROVED BY SELLER & EFFECTIVE this ____ day of _____________________, 2022. Countersigned: CITY OF CLEARWATER, FLORIDA By: Mayor City Manager Approved as to form: Attest: City Attorney City Clerk 21 EXHIBIT “A” Harborview Site – Parcel A 22 17072240v1 23 EXHIBIT “B” CITY HALL SITE 24 25 26 EXHIBIT “C” Main Library Site 27