05/01/2023Monday, May 1, 2023
9:00 AM
City of Clearwater
Main Library - Council Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
Main Library - Council Chambers
Council Work Session
Work Session Agenda
May 1, 2023Council Work Session Work Session Agenda
1. Call to Order
2. Office of Management and Budget
Review and adopt the City of Clearwater’s 2023 Strategic Plan.2.1
Discuss City Council budget and agency requests. (WSO)2.2
3. Economic Development and Housing
Review of current and planned Affordable and Workforce Housing
inventories (WSO)
3.1
4. Parks and Recreation
Approve co-sponsorship and waiver of requested city fees and service
charges for 26 Co-sponsored Special Events at an estimated General
Fund cost of $767,910 ($91,000 in cash contributions and $676,910 for
in-kind service contributions) and Enterprise Fund cost of $75,850 for the
purposes of Fiscal Year 2023/24 departmental budget submittals; approve
partial list of events to be held at the Venue during 2023 and 2024 and
authorize the appropriate officials to execute same. (consent)
4.1
5. Police Department
Approve events budget of $128,620 from general fund reserves for the
public safety costs for the grand opening of Coachman Park to be held
June 28 through July 4, 2023, and authorize the appropriate officials to
execute same. (consent)
5.1
6. Public Works
Approve a Work Order to Mead and Hunt, Inc. of Tampa, FL, for Intelligent
Transportation Systems (ITS) Fiber Optic Design, Phase 1 (23-0018-EN),
in the amount of $192,385.00, pursuant to Request for Qualifications
(RFQ) 26-19, Engineer of Record Continuing Services (EOR), and
authorize the appropriate officials to execute same. (consent)
6.1
7. Public Utilities
Approve a professional service agreement with Tetra Tech, Inc. of Tampa,
FL as the Lift Station Program Consultant (21-0034-UT) in the
not-to-exceed amount of $11,400,000.00 for a five-year term pursuant to
Request for Qualification (RFQ) 13-22 and authorize the appropriate
officials to execute same. (consent)
7.1
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May 1, 2023Council Work Session Work Session Agenda
8. Solid Waste
Authorize a purchase order to Trane US, Inc. of Davidson, NC for the
purchase of Heating, Ventilation and Air Conditioning (HVAC) services
and associated replacement and repair parts in a not-to-exceed amount of
$1,520,000.00 through August 31, 2027, pursuant to Clearwater Code of
Ordinances Sections 2.563(1)(c), Piggyback, and 2.563(1)(d),
Non-competitive purchases - Impractical, and authorize the appropriate
officials to execute same. (consent)
8.1
Authorize purchase orders to multiple vendors as listed, for the purchase
of Heating, Ventilation and Air Conditioning (HVAC) replacement and
repair parts, in the cumulative not-to-exceed amount of $700,000.00
through September 30, 2024, pursuant to City Code of Ordinances
Sections 2.563(1)(c) Piggyback or cooperative purchasing, 2.561(5)
Small purchases, and 2.563 (1)(b) Micro purchases, and authorize the
appropriate officials to execute same. (consent)
8.2
Declare list of vehicles and equipment surplus and authorize disposal
through auction pursuant to Clearwater Code of Ordinances Section
2.623(6) and (8) and authorize the appropriate officials to execute same.
(consent)
8.3
9. City Clerk
Appoint Francis Bugaj to the Marine Advisory Board with a term to expire
May 31, 2027. (consent)
9.1
Appoint Linda Byars to the Neighborhood and Affordable Housing
Advisory Board with a term to expire May 31, 2027. (consent)
9.2
Appoint Muhammad Abdur-Rahim to the Brownfields Advisory Board, as
the resident representative, with a term to expire May 4, 2027. (consent)
9.3
Reappoint Kevin Chinault to the Neighborhood and Affordable Housing
Advisory Board with a term to expire May 31, 2027. (consent)
9.4
Appoint Councilmembers to Regional and Miscellaneous Boards.9.5
10. City Attorney
Approve a one-year extension to the license agreement with Jolley Trolley
Transportation of Clearwater for 410 N. Myrtle Avenue and authorize the
appropriate officials to execute same. (consent)
10.1
Page 3 City of Clearwater Printed on 4/24/2023
May 1, 2023Council Work Session Work Session Agenda
Approve a Legal Services Agreement with Carlton Fields for advice as to
the taxability of various personnel benefits for elected officials, City staff,
and former employees and authorize the appropriate officials to execute
same. (consent)
10.2
Adopt Ordinance 9662-23 on second reading, amending the Zoning Atlas
of the city by rezoning a portion of certain real property whose post office
address is 1849 Gulf to Bay Boulevard, Clearwater, Florida 33765, from
Low Medium Density Residential (LMDR) to Commercial (C).
10.3
Adopt Ordinance 9663-23 on second reading, making amendments to the
Clearwater Downtown Redevelopment Plan by amending Chapter 4. Plan
Implementation, Public Amenities Incentive Pool.
10.4
Adopt Ordinance 9664-23 on second reading, making amendments to the
Community Development Code, Appendix C, Division 3., Character
District Standards by amending standards, and Division 8. Flexibility.
10.5
Adopt Ordinance 9666-23 on second reading, amending the future land
use element of the Comprehensive Plan to change the land use
designation for a portion of certain real property whose post office
address is 1849 Gulf to Bay Boulevard, Clearwater, Florida 33765, from
Residential Urban (RU) to Commercial General (CG).
10.6
Adopt Ordinance 9668-23 on second reading, annexing certain real
property described as Lot 7, Block D, Kapok Terrace, Clearwater, Florida
into the corporate limits of the city and redefining the boundary lines of the
city to include said addition.
10.7
Adopt Ordinance 9669-23 on second reading, amending the future land
use element of the Comprehensive Plan of the city to designate the land
use for certain real property described as Lot 7, Block D, Kapok Terrace,
Clearwater, Florida, upon annexation into the City of Clearwater, as
Residential Low (RL).
10.8
Adopt Ordinance 9670-23 on second reading, amending the Zoning Atlas
of the city by zoning certain real property described as Lot 7, Block D,
Kapok Terrace, Clearwater, Florida, upon annexation into the City of
Clearwater, as Low Medium Density Residential (LMDR).
10.9
Adopt Ordinance 9673-23 on second reading, vacating a 10-foot platted
public utility easement located on Lots 4 and 5, Unit 2, Island Estates,
according to the map or plat thereof as recorded in Plat Book 47, Page
19A and 20B of the Public Records of Pinellas County, Florida.
10.10
Page 4 City of Clearwater Printed on 4/24/2023
May 1, 2023Council Work Session Work Session Agenda
Denied on first reading Ordinance 9645-23 annexing certain real property
whose post office address is 1224 Adams Avenue, Clearwater, Florida
33756 into the corporate limits of the city and redefining the boundary lines
of the city to include said addition.
10.11
Denied on first reading Ordinance 9646-23, amending the future land use
element of the Comprehensive Plan of the city to designate the land use
for certain real property whose post office address is 1224 Adams
Avenue, Clearwater, Florida 33756, upon annexation into the City of
Clearwater, as Commercial General (CG).
10.12
Denied on first reading Ordinance 9647-23, amending the Zoning Atlas of
the city by zoning certain real property whose post office address is 1224
Adams Avenue, Clearwater, Florida 33756, upon annexation into the City
of Clearwater, as Commercial (C).
10.13
11. City Manager Verbal Reports
Recycling Update11.1
12. City Attorney Verbal Reports
13. New Business (items not on the agenda may be brought up asking they be
scheduled for subsequent meetings or work sessions in accordance with Rule 1,
Paragraph 2).
14. Closing Comments by Mayor
15. Adjourn
16. Presentation(s) for Council Meeting
Older Americans Month Proclamation - Jason Martino, Area Agency on
Aging Director of Planning
16.1
Economic Development Week Proclamation, May 8-12, 2023 - Denise
Sanderson, Economic Development and Housing Director
16.2
Page 5 City of Clearwater Printed on 4/24/2023
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#23-0505
Agenda Date: 5/1/2023 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Office of Management & Budget
Agenda Number: 2.1
SUBJECT/RECOMMENDATION:
Review and adopt the City of Clearwater’s 2023 Strategic Plan.
SUMMARY:
At the March 20, 2023, Strategic Budget Work Session, staff presented a draft strategic plan for
consideration by the City Council. The goal of the strategic planning process is to establish a
uniform organizational direction, align municipal operations, and provide a framework for
monitoring achievement toward adopted goals and priorities.
City staff prepared the draft Strategic Plan based upon supplemental facilitation by Baker Tilly,
which included conducting community engagement workshops, review of background
information, an environmental scan of key opportunities and challenges, analysis of service
demand drivers and demographic trends, internal and external stakeholder surveying, and
financial forecasting.
Furthermore, staff reviewed prior feedback of the City Council offered at Strategy Planning
sessions held on October 20, 2020, May 25, 2021, April 11, 2022, and December 8, 2022, to
identify areas of strategic focus and priorities that had consensus among Councilmembers.
The proposed Strategic Plan emphasizes five strategic priorities and a total of 22
accompanying objectives. The priority areas address the following:
·High Performing Government
·Economic & Housing Opportunity
·Community Well-being
·Environmental Stewardship
·Superior Public Service
The Strategic Plan is supported by vision and mission statements, that along with individual
objectives, are guided by organizational values to create a decision-making framework for
resource allocation and budgeting, as well as direct the efforts of City Staff.
Clearwater’s vision statement describes where the organization is heading and expresses an
aspirational view of a future desired state:
A community that thrives from Bay to Beach.
Page 1 City of Clearwater Printed on 4/24/2023
File Number: ID#23-0505
The mission statement describes why the organization exists, its purpose, its reason for being,
and clearly articulates the services provided and the desired outcomes:
Clearwater is committed to quality, sustainable, cost-effective municipal services that foster
and sustain a healthy residential and economic environment.
As provided by City Council Policy 3-11, Strategic Direction/Planning, Staff will continue to
review the Strategic Plan during the annual Strategic Planning Session, to ensure that plan
elements remain responsive and representative of the priorities of the City Council and the
Citizens of Clearwater.
Page 2 City of Clearwater Printed on 4/24/2023
THE PLANNING PROCESS
DEFINITION OF TERMS
CLEARWATER’S VALUES
The City of Clearwater began a multi-year process
to update the citywide Strategic Plan, commencing
in 2020. The planning process included several
project phases, including community engagement
workshops, internal and external stakeholder
surveying, service demand and demographic
analyses, and a review of opportunities and
challenges facing the city.
The first Strategic Planning Workshop with the Mayor
and City Council was held on October 20, 2020 to
identify key strategic priority areas. The City Council’s
collective vision during this workshop identified
several critical focus topics that required further
community engagement efforts.
A virtual Community Workshop was held on October
6, 2021 to seek resident and community partner input
on municipal services, projects, or critical topics to be
incorporated in the Strategic Plan. Four supplemental
Community Workshops were held in April and May
of 2022 to further solicit additional resident and
neighborhood feedback.
The process was supplemented by two workshops
with City leadership, the first occurring on November
17, 2022 to identify departmental priorities and
projects for the fiscal years of 2022 and 2023.
A second Strategic Planning Workshop was held on
December 8, 2022 with City Council to finalize the
strategic priorities and provide policy direction for key
objectives to be included in a final planning document.
The Strategic Planning Process culminated in a
final Strategy Workshop, held on March 20, 2023
to gain preliminary City Council approval of five
strategic priority areas, and a draft vision and mission
statement for the City of Clearwater Strategic Plan.
Below is a list of common terms and definitions that are utilized in the Strategic Planning document:
• Vision: An ideal statement that describes where the organization is heading and expresses an aspirational view of a desired state.
• Mission: A general statement that describes why the organization exists, the purpose and objective of the City, and clearly
articulates the services provided and the desired outcomes.
• Values: Themes that are incorporated throughout the City of Clearwater’s Strategic Plan and that are reflected in all our daily
activities. Execution of all Strategic Priorities should advance and support the identified values of Clearwater.
• Strategic Priorities: Broad policy areas in which the Council wants the City Team to invest public staff and fiscal resources to
accomplish the Vision and Mission of the Citizenry.
• Strategic Objectives: Outcome-based goals toward which effort will be directed by the City Team to advance a Strategic Priority.
More than one Objective may be developed for each Strategic Priority; each Objective drives the departmental actions and projects
that comprise the work plans for the City Team.
Themes that exist within the City of Clearwater’s Strategic Plan and that are reflected in our outcomes include:
Integrity, Trust, and Empathy – We serve each other and the public with respect, honesty, empathy, and transparency. Clearwater
provides employees, the community and Council with timely and reliable information, and takes responsibility of its commitments to the
Citizens and Public.
Adaptability and Inclusivity – We are dedicated to better reflect the communities we serve across all staffing levels and functions.
Clearwater cultivates and preserves a culture that empowers employees and residents to engage and learn from each other.
Innovation and Creativity – We are committed to an adaptive, collaborative, outcome-oriented work plan that is responsive to
community needs and opportunities. Clearwater values its internal and external partners for its innovative thinking and problem solving to
improve service delivery.
Safety – We pledge to maintain a safe and well-prepared community. Clearwater provides employees the necessary resources to protect
the people they serve and engage the community to improve public safety awareness.
Resiliency – We strive to develop a community that is prepared to withstand environmental and economic challenges. Clearwater
prioritizes a proactive community that promotes energy stability, ensures food security, and establishes economic security.HIGH PERFORMING GOVERNMENT ECONOMIC & HOUSING OPPORTUNITY COMMUNITY WELL-BEING ENVIRONMENTAL STEWARDSHIP SUPERIOR PUBLIC SERVICE
Strategic plan structure
The City of Clearwater 2023 Strategic Plan establishes five priority areas that are approved by the City Council:
CITY OF CLEARWATER STRATEGIC PLAN INTRODUCTION
Deliver Effective and Efficient Services by
Optimizing City Assets and Resources
Foster a Prosperous and Enduring Economy
That Promotes Opportunity for All
Ensure Exceptional Communities and
Neighborhoods Where Everyone Can Thrive
Implement Proactive Solutions and
Emerging Technologies for a Sustainable
and Resilient Community
Promote a Diverse and Talented Workforce
Through Competitive Opportunity, Employee
Wellness, and Rewarding Career Growth
HIGH PERFORMING GOVERNMENT ECONOMIC & HOUSING OPPORTUNITY COMMUNITY WELL-BEING ENVIRONMENTAL STEWARDSHIP SUPERIOR PUBLIC SERVICE
OBJECTIVES OBJECTIVES OBJECTIVES OBJECTIVES OBJECTIVES
Provide evidence-based measurement tools to
continually guide municipal performance and
promote accountable governance.
Maintain public infrastructure, mobility
systems, natural lands, environmental
resources, and historic features through
systematic management efforts.
Adopt responsive levels of service for public
facilities and amenities, and identify resources
required to sustain that level of service.
Foster safe and healthy communities in
Clearwater through first-class public safety
and emergency response services.
Embrace a culture of innovation that drives
continuous improvement and successfully
serves all our customers.
Strengthen public-private initiatives that
attract, develop, and retain diversified
business sectors.
Cultivate a business climate that welcomes
entrepreneurship, inspires local investment,
supports Eco-friendly enterprises, and
encourages high-quality job growth.
Promote Clearwater as a premier destination
for entertainment, cultural experiences,
tourism, and national sporting events.
Support equitable housing programs that
promote household stability and reduce the
incidence of homelessness within Clearwater.
Facilitate partnerships with educational and
research institutions to strengthen workforce
development opportunities.
Support neighborhood identity through
services and programs that empower
community pride and belonging.
Preserve community livability through
responsible development standards, proactive
code compliance, and targeted revitalization.
Promote marketing and outreach strategies
that encourage stakeholder engagement,
enhance community education, and build
public trust.
Inspire citizen participation through civic
engagement and volunteerism to build strong,
inclusive, and engaged communities.
Attract and retain top-quality personnel
through the maintenance of a competitive
compensation program.
Encourage professional development through
employee educational opportunities, skills-
based training, and leadership succession
planning.
Generate organizational success through
collaborative engagement and inclusive
decision-making to create shared value
outcomes.
Enhance employee health and productivity
through a holistic approach to workplace
wellness and benefit resources.
Support proactive climate resiliency strategies
based in science to protect natural and built
environments from impacts associated with
sea level rise.
Adopt renewable resource usage and waste
reduction practices to ensure a vibrant City for
current and future generations.
Protect the conservation of urban forests and
public green spaces to promote biodiversity
and reduce our carbon footprint.
Develop accessible and active transportation
networks that enhance pedestrian safety and
reduce citywide greenhouse gas emissions.
1.1
1.2
1.3
1.4
1.5
2.1
2.2
2.3
2.4
2.5
3.1
3.2
3.3
3.4
5.1
5.2
5.3
5.4
4.1
4.2
4.3
4.4
VISION
A community that thrives from Bay to Beach.
MISSION
Clearwater is committed to quality, sustainable, cost-effective municipal services
that foster and sustain a healthy residential and economic environment.
CITY OF CLEARWATER
STRATEGIC PLAN
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#23-0506
Agenda Date: 5/1/2023 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Office of Management & Budget
Agenda Number: 2.2
SUBJECT/RECOMMENDATION:
Discuss City Council budget and agency requests. (WSO)
SUMMARY:
Discuss line-item budget of City Council and various agency requests for direction on fiscal
year 2023/24 proposed budget.
Page 1 City of Clearwater Printed on 4/24/2023
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#23-0457
Agenda Date: 5/1/2023 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Economic Development & Housing
Agenda Number: 3.1
SUBJECT/RECOMMENDATION:
Review of current and planned Affordable and Workforce Housing inventories (WSO)
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 4/24/2023
Affordable & Workforce
Housing
Current & Anticipated Inventories
Denise Sanderson, Director
Economic Development & Housing Department
May 1, 2023
Mission: Produce and Preserve
Affordable and Workforce Housing
Units
•Qualified Homeowners
•Down Payment and Closing Cost Assistance
•Rehabilitation Loans (including ADA)
•Developers of Single-Family and Multi-Family Units
•Acquisition and/or Construction of
•Multi-Family Property Owners
•Rehabilitation Loans
Land Use Restriction Agreement (LURA) ensures long-term Affordability.
Definitions
•Area Median Income (AMI)
•Established by HUD, SHIP; based on household size
•Household Income Limits
•Established by HUD, SHIP; based on household size
•Evaluation of household income includes income of all household members
•“Affordable”: 30 to 80% AMI
•30%: Extremely Low
•50%: Very Low
•80%: Low
•“Workforce”: 80 to 120% AMI
•Moderate
•Land Use Restriction Agreement (LURA)
•Establishes period of affordability; determined by HUD, SHIP, Ordinance
•Establishes income restriction(s), number of units restricted
•Subsidy Limits
•Established by HUD, SHIP; based on household size
Multifamily
•Support is provided through:
•Rehabilitation
•Per Unit Subsidy Cap of $45,000 loan
•New Construction
•Loan or Grant for Local Gov’t Support (LIHTC Projects)
•Loans to Developers for Land Acquisition and/or New Construction
•Land donation (< 5 acres)
•Density Boost
•Typically Requires Matching Support
•Pinellas County Housing Finance Authority
•E.g. Land Trust
•Pinellas County Housing & Community Dev.
Homeowner
Occupied*
•Support is provided through:
•Purchase Assistance
•Up to $45,000 loan
•Up to $15,000 grant
•Rehabilitation
•Up to $50,000 loan
•New Construction
•Loans to Developers for Land Acquisition and/or New Construction
•Land Donation (< 5 acres)
*Includes townhome, duplex, triplex, quadplex,
condo. Does not include Mobile Home.
5-Year Dashboard Demo
David Pearson, Manager –IT Department
Current
Inventory
Data
•Includes:
•Subsidized and/or Land Use Restricted Properties
•Rental
•Includes Public Housing
•Homeowner Occupied
•Limited to ED&H’s current loan portfolio
•Does not include:
•Naturally Occurring Affordable Housing (NOAH)
•Mobile Home Parks
•Below-market homes (due to age or condition)
•Micro units
•Special Needs
•Shelter, Transitional, Permanent Supportive Housing, Disabled, Other
0
100
200
300
400
500
600
700
800
Family Senior Vouchers
Public Housing
120%AMI
80%AMI
60% AMI
50%AMI
Rental
517
701
657
84
599
3
196
961*
Total: 1843
* Includes Place-Based and Housing Choice Vouchers
Homeowner
Occupied
•Current Loan Portfolio
•Purchase Assisted: 163
•Rehabilitated: 147
Anticipated
Inventory
Delivery in 2-4 years
288 Multifamily Units
111 Affordable; 177 Workforce
20 11
31
49
49
128
30%AMI 50%AMI 60%AMI
80%AMI 100%AMI 120%AMI
34
254
Homeowner Occupied
Multifamily Rental
Clearwater Gardens
1250 Cleveland Street
•81 Units
•30 units: 1-bdrm/1-bath
•51 units: 2-bdrm/2-bath
•Income Limits: 30-80% AMI
•20 Project Based Vouchers
306 S. Washington
Ave
•173 Units
•60 units: 1-bdrm/1-bath
•113 units: 2-bdrm/2-bath
•Income Limits: 50-120% AMI
1454 S Martin Luther King, Jr. Ave
Homeowner Occupied Townhomes
•24 Units: 3-bdrm/2-bath
•Income Limits: 80-120% AMI
1467 S Martin Luther King, Jr. Ave
40 Units, of which 10 are to be under 120% AMI
Homeowner Occupied (Likely)
Developer: Little Eagle Associates, LLC
Citywide
Housing Study
Contract pending. Anticipated completion in 3Q2023
Analyze Existing Population and Demographic Data
•Population, Household Counts, Household Patterns by Age, Income, Race, Housing Preferences
Conduct Economic Analysis
•Industry Sectors, Commuting Patterns, Gaps in Workforce Housing, Anticipated Impacts of Economic Growth on Housing Market
Inventory and Analyze Existing Housing Stock
•Single Family Detached, Single Family Attached, Multifamily, Mobile Homes
•Tenure, Occupancy, Age, Value, Rent, Location, % Affordable (including NOAH), % Workforce, % >120%,
Housing Affordability & Cost Burden Analyses
•Cost vs Income (30% of Household Annual Gross Income)
Present to City Council
•Educational Workshop (Special Public Hearing to be Facilitated by Consultant)
Affordable & Workforce
Housing
Current & Anticipated Inventories
Denise Sanderson, Director
Economic Development & Housing Department
May 1, 2023
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#23-0334
Agenda Date: 5/1/2023 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Parks & Recreation
Agenda Number: 4.1
SUBJECT/RECOMMENDATION:
Approve co-sponsorship and waiver of requested city fees and service charges for 26
Co-sponsored Special Events at an estimated General Fund cost of $767,910 ($91,000 in cash
contributions and $676,910 for in-kind service contributions) and Enterprise Fund cost of
$75,850 for the purposes of Fiscal Year 2023/24 departmental budget submittals; approve
partial list of events to be held at the Venue during 2023 and 2024 and authorize the appropriate
officials to execute same. (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) 2023/24 budget, City Council approval will be
required.
For fiscal year 2023/24 budgeting purposes, staff is recommending that the current 2022/23 list
of special events be approved for FY 2023/24 with a 10% increase for in-kind services.
Cash contributions of $91,000 increased by $5,000 and includes Jazz Holiday ($75,000), MLK
Jr. Celebration ($6,000) and the Veteran’s Alliance Veteran’s Day & Memorial Day Events
($10,000).
Total General Fund requests for in-kind services increased from $344,550 to $676,910 due to a
10% increase to cover salaries ($34,460); Clearwater Celebrates America which was not
included in 2022/23 estimates ($135,000), the return of the Hispanic Heritage Concert to
Coachman Park ($50,510), MLK Jr. Celebration ($10,490) and the addition of “Living the
Culture Series” ($101,900). Living the Culture Series includes Pride, Juneteenth, and Hispanic
Heritage/Children’s Day events. Enterprise Fund in-kind requests decreased from $83,234 to
$75,850 due to the elimination of the U.S. Open Sailing Series not being held in Clearwater in
FY 2023/24. A City of Clearwater Special event Co-sponsorship Agreement will be used for
each group receiving support.
Any new special event or co-sponsorships requested for Coachman Park for the remainder of
this fiscal year as well as FY 23/24 which are not on the approved co-sponsorship list may be
considered as a “partnership” which will consist of being awarded “Time and Place” for the
event with all costs of the event paid by the applicant.
New applications for Co-Sponsorships for FY 2024/25 budget will be available from December
12, 2024, to January 13, 2025.
According to the agreement between Ruth Eckerd Hall and the City, ten days are available in
the Venue for City Events, as well as Clearwater Celebrates America and Jazz Holiday. Staff
Page 1 City of Clearwater Printed on 4/24/2023
File Number: ID#23-0334
is recommending a partial listing of event days for 2023 and 2024 as follows:
2023 Events
Grand Opening Event Coachman Park June 28
Grand Opening Event Coachman Park June 29
Hispanic Heritage Concert October 15 or November 11
Hooters 40th Anniversary Concert October 7
Publix Rock N Roll Marathon October 8
Holiday Concert Event December 1
2024 Events
Martin Luther King Jr. Parade and Rally January 15
Clearwater Sea Blues Festival February 24
Clearwater Sea Blues Festival February 25
Publix Rock N Roll Marathon October 6
Holiday Concert Event December 3
Hispanic Heritage Concert TBD
The remaining four days per year are open and can be filled by additional requests for
“Partnerships” or by staff.
APPROPRIATION CODE AND AMOUNT: N/A
USE OF RESERVE FUNDS: N/A
Page 2 City of Clearwater Printed on 4/24/2023
City Co-Sponsored Event is produced by Parks & Recreation Department
1 Clearwater Sea-Blues Festival 98,500$ 780$ 99,280$
2 Clearwater Celebrates America 135,600$ 3,300$ 138,900$
3 Living the Culture Series 101,900$ 3,300$ 105,200$
4 Publix Rock n' Roll Marathon 55,060$ 14,850$ 69,910$
City Co-sponsored Event
5 Clearwater Jazz Holiday 75,000 55,610$ 3,300$ 133,910$
6 Chalktober Art Festival 8,310$ 350$ 8,660$
7 Hispanic Heritage Concert 50,510$ 390$ 50,900$
8 Make A Difference Fishing Tournaments for Kids 1,000$ 4,780$ 5,780$
9 Sangria Festival 5,950$ 320$ 6,270$
10 SALSA at the District 5,950$ 320$ 6,270$
11 Community Family Fun Night 2,100$ -$ 2,100$
12 Tunnel to Towers Clearwater 5k 3,360$ 100$ 3,460$
13 Festival of Trees 7,650$ -$ 7,650$
14 Veteran's Alliance Veteran's Day Event 5,000 3,690$ 100$ 8,790$
15 Tampa Bay Turkey Trot 12,710$ 660$ 13,370$
16 ReliaQuest Bowl Beach Day (formerly Outback Bowl)9,740$ 2,550$ 12,290$
17 Light It Up Clearwater 5,840$ 100$ 5,940$
18 MLK Jr. Celebration March & Rally 6,000 12,040$ 1,200$ 19,240$
19 Clearwater Run Festival 60$ 100$ 160$
20 Party Pirates on the Rocks Inc. -- Clearwater Invasion 5,950$ 100$ 6,050$
21 Pier60 Sugar Sand Festival 60,010$ 26,620$ 86,630$
22 Veteran's Alliance Memorial Day Event 5,000 3,140$ 350$ 8,490$
23 North Greenwood Back to School & Wellness Event 2,100$ -$ 2,100$
24 Make a Difference Fishing Tournament - Adults (September)1,020$ 3,680$ 4,700$
25 LookUp Clearwater (Location TBD)1,000$ 350$ 1,350$
26 Hooters Offshore Nationals 28,110$ 8,250$ 36,360$
Grand Total Requests for FY 23/24 91,000$ 676,910$ 75,850$ 843,760$
Enterprise fund Grand Total Requested
Event with City Council Approved Agreement
Special Events Budget Estimates
FY 2023-24 Requested CASH & SERVICES
Grand Totals
CITY EVENTS, ANNUAL General fundCash Request
Fire EMS Public
Comm. Traffic Eng.
City Co-Sponsored Event is produced by Parks & Recreation Department
1 Clearwater Sea-Blues Festival Feb.-$ $ - 44,400$ 40,000$ 10,500$ 2,500$ 100$ 1,000$ $ 98,500
2 Clearwater Celebrates America Jun/July -$ -$ 100,000$ 22,500$ 10,500$ 2,500$ 100$ -$ $ 135,600
3 Living the Culture Series Jun/Sept 85,000$ 10,000$ 5,000$ 1,250$ 150$ 500$ $ 101,900
4 Publix Rock n' Roll Marathon Oct.-$ -$ $ 5,500 27,500$ 11,000$ -$ 60$ 11,000$ $ 55,060
City Co-sponsored Event
5 Clearwater Jazz Holiday Oct.75,000$ -$ $ 4,400 27,500$ 22,000$ 1,650$ 60$ -$ $ 55,610
6 Chalktober Art Festival Oct.-$ -$ 2,750$ 5,500$ -$ -$ 60$ -$ $ 8,310
7 Hispanic Heritage Concert Oct.22,200$ 20,000$ 5,250$ 2,500$ 60$ 500$ $ 50,510
8 Make A Difference Fishing Tournaments for Kids Oct.-$ -$ 940$ -$ -$ -$ 60$ -$ $ 1,000
9 Sangria Festival Oct.-$ -$ 940$ 2,200$ 1,650$ -$ 60$ 1,100$ $ 5,950
10 SALSA at the District Oct.-$ -$ 940$ 2,200$ 1,650$ -$ 60$ 1,100$ $ 5,950
11 Community Family Fun Night Oct.-$ -$ 940$ 550$ 550$ -$ 60$ -$ $ 2,100
12 Tunnel to Towers Clearwater 5k Nov.-$ -$ -$ 2,200$ 1,100$ -$ 60$ -$ $ 3,360
13 Festival of Trees Nov.-$ 4,620$ 2,970$ -$ -$ -$ 60$ -$ $ 7,650
14 Veteran's Alliance Veteran's Day Event Nov.5,000$ -$ 3,080$ 550$ -$ -$ 60$ -$ $ 3,690
15 Tampa Bay Turkey Trot Dec.-$ -$ $ 2,200 4,400$ 4,400$ 550$ 60$ 1,100$ $ 12,710
16 ReliaQuest Bowl Beach Day (formerly Outback Bowl)Dec.-$ -$ $ 5,610 2,970$ 1,100$ -$ 60$ -$ $ 9,740
17 Light It Up Clearwater Jan -$ -$ $ 1,380 4,400$ -$ -$ 60$ -$ $ 5,840
18 MLK Jr. Celebration March & Rally Jan 6,000$ -$ 10,880$ -$ -$ -$ 60$ 1,100$ $ 12,040
19 Clearwater Run Festival Jan -$ -$ -$ -$ -$ -$ 60$ -$ $ 60
20 Party Pirates on the Rocks Inc. -- Clearwater Invasion Jan -$ -$ $ 940 2,200$ 1,650$ -$ 60$ 1,100$ $ 5,950
21 Pier60 Sugar Sand Festival April -$ 9,900$ $ 28,050 22,000$ -$ -$ 60$ -$ $ 60,010
22 Veteran's Alliance Memorial Day Event May 5,000$ -$ $ 3,080 -$ -$ -$ 60$ -$ $ 3,140
23 North Greenwood Back to School & Wellness Event July -$ -$ $ 940 550$ 550$ -$ 60$ -$ $ 2,100
24 Make a Difference Fishing Tournament - Adults (September)Sept -$ -$ $ 960 -$ -$ -$ 60$ -$ $ 1,020
25 LookUp Clearwater (Location TBD)Sept -$ -$ $ 940 -$ -$ -$ 60$ -$ $ 1,000
26 Hooters Offshore Nationals Sept -$ -$ 3,300$ 16,500$ 8,250$ -$ 60$ -$ $ 28,110
General fund department requests 91,000$ 14,520$ 332,340$ 213,720$ 85,150$ 10,950$ 1,730$ 18,500$ 676,910$
Special Events Budget Estimates
Police Life Safety
& Inspect.
Sub-Total Gen.
Fund
FY 2023-24 General Fund Requests
Event with City Council Approved Agreement
Estimated GENERAL FUND DEPARTMENTS
CITY EVENTS, ANNUAL Month
held
Cash
Request
Bldg. &
Maint. Parks & Rec.
Co-Sponsored Event is produced by City of Clearwater
1 Clearwater Sea-Blues Festival February $ 500 $ - $ - $ - $ 280 780$
2 Clearwater Celebrates America July 3,300$ -$ -$ -$ -$ 3,300$
3 Living the Culture Series June/Sept 3,300$ 3,300$
4 Publix Rock 'n Roll Marathon October 3,300$ -$ -$ -$ 11,550$ 14,850$
City Co-sponsored Event
5 Clearwater Jazz Holiday October 3,300$ -$ -$ -$ -$ 3,300$
6 Chalktober Art Festival October 350$ -$ -$ -$ -$ 350$
7 Hispanic Heritage Concert October 250$ 140$ 390$
8 Make A Difference Fishing Tournaments for Kids October 100$ -$ -$ -$ 4,680$ 4,780$
9 Sangria Festival October 100$ -$ -$ -$ 220$ 320$
10 SALSA at the District October 100$ -$ -$ -$ 220$ 320$
11 Community Family Fun Night October -$ -$ -$ -$ -$
12 Tunnel to Towers Clearwater 5k November 100$ -$ -$ -$ -$ 100$
13 Festival of Trees November -$ -$ -$ -$ -$ -$
14 Veteran's Alliance Veteran's Day Event November 100$ -$ -$ -$ -$ 100$
15 Tampa Bay Turkey Trot November 660$ $ - -$ -$ -$ 660$
16 ReliaQuest Bowl Beach Day (formerly Outback Bowl)December 350$ -$ -$ -$ 2,200$ 2,550$
17 Light It Up Clearwater December 100$ -$ -$ -$ -$ 100$
18 MLK Jr. Celebration March & Rally January 100$ -$ -$ -$ 1,100$ 1,200$
19 Clearwater Run Festival January 100$ -$ -$ -$ -$ 100$
20 Party Pirates on the Rocks Inc. -- Clearwater Invasion January 100$ -$ -$ -$ -$ 100$
21 Pier60 Sugar Sand Festival April 2,750$ -$ -$ -$ 23,870$ 26,620$
22 Veteran's Alliance Memorial Day Event May 350$ -$ -$ -$ -$ 350$
23 North Greenwood Back to School & Wellness Event July -$ -$ -$ -$ -$ -$
24 Make a Difference Fishing Tournament - Adults (September)September 100$ -$ -$ -$ 3,580$ 3,680$
25 LookUp Clearwater (Location TBD)September 350$ -$ -$ -$ -$ 350$
26 Hooters Offshore Nationals September 550$ -$ -$ -$ 7,700$ 8,250$
Enterprise Fund Total 20,310$ -$ -$ -$ 55,540$ 75,850$
Sub-Total Enterprise
funds
Event with City Council Approved Agreement
ENTERPRISE FUND DEPARTMENTS
CITY EVENTS, ANNUAL Month held Solid Waste Gas Marine Clw Harbor
Marina Parking
Special Events Budget Estimates
FY 2023-24 Enterprise Fund Requests
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#23-0406
Agenda Date: 5/1/2023 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Police Department
Agenda Number: 5.1
SUBJECT/RECOMMENDATION:
Approve events budget of $128,620 from general fund reserves for the public safety costs for
the grand opening of Coachman Park to be held June 28 through July 4, 2023, and authorize
the appropriate officials to execute same. (consent)
SUMMARY:
After seven years of planning and construction, Imagine Clearwater, officially known as
Coachman Park, will be opened to the public on June 28, 2023.
A week of events are being planned for the grand opening of Coachman Park beginning with a
ribbon cutting ceremony and ending with an exciting and patriotic event on the Fourth of July
with The Florida Orchestra in concert followed by the largest fireworks display ever produced in
Clearwater.
In partnership with Ruth Eckerd Hall, there will be a variety of entertainment both ticketed and
free throughout the eight-day celebration in the new 4,000 covered seat Performance Venue.
A variety of events and entertainment will be provided to appeal to every segment of our
community including children’s activities, celebrating diversity concert and programs,
touch-a-truck event, exercise classes, giveaways, running events, street performers, dance
classes, farmers market, car show, concerts, educational exhibits, etc.
Staff is recommending a budget of $128,620 to cover the public safety costs during the
eight-day event. The costs include $98,622 for the police department, $22,781 for the fire
department, and $7,217 for traffic operations. The request does not include $47,057 of public
safety costs that are to be paid by Ruth Eckerd Hall as part of the licensing agreement for The
Sound.
APPROPRIATION CODE AND AMOUNT:
A mid-year budget amendment will provide a transfer of $128,620 from General Fund reserves,
to establish special program PRSE230001, Special Events @ Coachman Park, to fund these
activities.
USE OF RESERVE FUNDS:
Funding for this contract will be provided by a mid-year budget amendment allocating General
Fund reserves in the amount of $128,620 to special program PRSE230001, Special Events @
Coachman Park. Inclusive of this item if approved, a net total of $1,231,490 of General Fund
reserves has been appropriated by Council to fund expenditures in the 2022/23 operating
budget. The remaining balance in General Fund reserves after the 8.5% reserve is
approximately $41.7 million, or 22.7% of the current General Fund operating budget.
Page 1 City of Clearwater Printed on 4/24/2023
POLICE COSTS
Wednesday 6/28 Location Event Hours Officers Hours Rate Cost
Great Lawn Events Great Lawn 1000-1600 Hours 4 6 Patrol $0.00
Opening Ceramonies Great Lawn 1600-1800 Hours 4 2 Patrol $0.00 Weekly Totals
Concert - Medium Act The Venue 1700-2300 Hours 10 6 OT $4,744.20 OT $54,121.02
IC The Venue 1700-2300 Hours 1 6 OT $513.78 ED $19,530.00
Daily Total - OT $5,257.98 Pre $44,495.76
Total $118,146.78
Thursday 6/29 Location Event Hours Officers Hours Rate Cost
Family Events Great Lawn 1000-1600 Hours 4 6 Patrol $0.00
Concert - Medium Act The Venue 1700-2300 Hours 10 6 OT $4,744.20
IC The Venue 1700-2300 Hours 1 6 OT $513.78
Daily Total - OT $5,257.98
Friday 6/30 Location Event Hours Officers Hours Rate Cost
Buskers / Music Great Lawn 1000-1600 Hours 4 6 Patrol $0.00
Beer Garden Great Lawn 1000-1600 Hours 1 6 OT $474.42
Park coverage Great Lawn 2300-1000 Hours1 1 11 OT $869.77
Concert - Large Event The Venue 1700-2300 Hours 11 6 ED $4,290.00
IC The Venue 1700-2300 Hours 1 6 ED $450.00
Sergeants in Park The Venue 1700-2300 Hours 2 6 ED $840.00
Float The Venue 1700-2300 Hours 4 6 OT $1,897.68
Marine Unit Intercoastal 1700-2300 Hours 2 6 OT $948.84
PST's Downtown 1700-2300 Hours 2 6 OT $421.20
Traffic Units Downtown 1700-2300 Hours 15 6 OT $7,116.30
Traffic Sergeant Downtown 1700-2300 Hours 1 6 OT $513.78
Daily Totals - ED $5,580.00
Daily Totals - OT $12,241.99
Saturday 7/1 Location Event Hours Officers Hours Rate Cost
Markets / Music Great Lawn 1000-1600 Hours 2 6 Patrol $0.00
Coachman Park Classic Great Lawn 0600-1000 Hours 10 4 OT $3,162.80
Park coverage Great Lawn 2300-1000 Hours 1 11 OT $869.77
Beer Garden Great Lawn 1000-1600 Hours 1 6 OT $474.42
Concert - Medium Event The Venue 1700-2300 Hours 6 6 ED $2,340.00
IC The Venue 1700-2300 Hours 1 6 ED $450.00
Daily Totals - ED $2,790.00
Daily Totals - OT $4,506.99
Sunday 7/2 Location Event Hours Officers Hours Rate Cost
Cultrual Programing Great Lawn 1000-1600 Hours 2 6 Patrol $0.00
Beer Garden Great Lawn 1000-1600 Hours 1 6 OT $474.42
Salsa Style Event Downtown 1000-1600 Hours 6 6 OT $2,846.52
Park coverage Great Lawn 2300-1000 Hours 1 11 OT $869.77
Concert - Large Event The Venue 1700-2300 Hours 11 6 ED $4,290.00
IC The Venue 1700-2300 Hours 1 6 ED $450.00
Sergeants in Park The Venue 1700-2300 Hours 2 6 ED $840.00
Float The Venue 1700-2300 Hours 4 6 OT $1,897.68
Marine Unit Intercoastal 1700-2300 Hours 2 6 OT $948.84
PST's Downtown 1700-2300 Hours 2 6 OT $421.20
Traffic Units Downtown 1700-2300 Hours 15 6 OT $7,116.30
Traffic Sergeant Downtown 1700-2300 Hours 1 6 OT $513.78
Daily Totals - ED $5,580.00
Daily Totals - OT $15,088.51
Monday 7/3 Location Event Hours Officers Hours Rate Cost
Park coverage Great Lawn 2300-1000 1 11 OT $869.77
Passive Park Activities Great Lawn 1000-1600 Hours 2 6 Patrol $0.00
REH Concert - Large - Vendor Paid The Venue 1700-2300 Hours 13 6 ED $5,580.00
REH Concert - Large - City Paid The Venue 1700-2300 Hours 24 6 OT $10,897.80
Daily Totals - ED $5,580.00
Daily Totals - OT $11,767.57
Tuesday 7/4 Location Event Hours Officers Hours Rate Cost
Family Programing / Music Great Lawn 1000-1600 Hours 4 6 Pre $3,162.72
Car Show Downtown 1000-1600 Hours 4 6 Pre $3,162.72
Park coverage (7/5)Great Lawn 2400-0800 Hours 1 8 OT $632.56
Concert - Large - Orchestra/Fireworks The Venue 1600-2400 Hours 11 8 Pre $11,596.64
IC The Venue 1600-2400 Hours 1 8 Pre $1,256.40
Sergeants in Park The Venue 1600-2400 Hours 2 8 Pre $2,283.36
Float The Venue 1700-2300 Hours 4 6 Pre $3,162.72
Marine Unit Intercoastal 1700-2300 Hours 2 6 Pre $1,581.36
PST's Downtown 1700-2300 Hours 2 6 Pre $702.00
Traffic Sergeants Downtown 1600-2400 Hours 1 8 Pre $1,141.68
Traffic Units Downtown 1600-2400 Hours 15 8 Pre $15,813.60
Daily Totals - Premium Holiday $44,495.76 (Includes 7/5 coverage)
Wednesday 6/28 Location Event Hours Cost Hours Medics Hourly Sum Supervisor Hourly Sum InspectorsHourly Sum SunstarSum Fireboat
Great Lawn Events Great Lawn 1000-1600 Hours 0 0 0 0 0
Opening Ceramonies Great Lawn 1600-1800 Hours 0 0 0 0 0
Concert - Small - Local Act The Venue 1700-2300 Hours $5,587.50 OT 7.5 6 40 1800 1 70 525 4 65 1950 175 1313
Thursday 6/29 Location Event Hours
Family Events Great Lawn 1000-1600 Hours 0 0 0 0 0
Concert - Medium - Local Act The Venue 1700-2300 Hours $5,587.50 OT 7.5 6 40 1800 1 70 525 4 65 1950 175 1313
Friday 6/30 Location Event Hours
Buskers / Music Great Lawn 1000-1600 Hours 0 0 0 0 0
Beer Garden Great Lawn 1000-1600 Hours 0 0 0 0 0
Concert - Large - 9k people The Venue 1700-2300 Hours $7,087.50 ED 7.5 8 55 3300 1 70 525 4 65 1950 175 1313
Saturday 7/1 Location Event Hours
Markets / Music Great Lawn 1000-1600 Hours 0 0 0 0 0
Coachman Park Classic 5K run Great Lawn 0600-1000 Hours 0 0 0 0 0
Beer Garden Great Lawn 1000-1600 Hours $0.00 7.5 0 40 0 0 0 65 0 0
Concert - Medium - 5k people The Venue 1700-2300 Hours $6,262.50 ED 7.5 6 55 2475 1 70 525 4 65 1950 175 1313
Sunday 7/2 Location Event Hours
Cultrual Programing Great Lawn 1000-1600 Hours 0 0 0 0
Beer Garden Great Lawn 1000-1600 Hours $0.00 7.5 0 40 0 0 0 65 0 0
Salsa Style Event Downtown 1000-1600 Hours $1,575.00 OT 7.5 2 40 600 0 2 65 975 0
Concert - Large - 9K people The Venue 1700-2300 Hours $7,087.50 ED 7.5 8 55 3300 1 70 525 4 65 1950 175 1313
Monday 7/3 Location Event Hours
Passive Park Activities Great Lawn 1000-1600 Hours 0 0 0 0 0
Concert - Large - 9K people The Venue 1700-2300 Hours $7,087.50 ED 7.5 8 55 3300 1 70 525 4 65 1950 175 1313
Tuesday 7/4 Location Event Hours
Family Programing / Music Great Lawn 1000-1600 Hours 0 0 0 0 0
Car Show Downtown 1000-1600 Hours 0 0 0 0 0
Tunnel to Towers Exhibit Great Lawn 0000-2400 Hours 0 0 0 0 0
Concert - Large - Orchestra/Fireworks The Venue 1600-2400 Hours $10,030.00 OT 8.5 8 40 2720 2 60 1020 6 65 3315 175 1488 1 175 1488
REH - ED $27,525.00
CITY - OT $22,780.00
TOTAL $50,305.00
Cost Cost
Initial Procurement Cost of MOT items 3,103.24
Per Event Cost Non Holiday Pay Holiday Pay
Staff effort for prestaging MOT 819.22 819.22
Staff effort for deployment and Monitor MOT $1,174.00 4,403.98
Total $1,993.22 $5,223.20
$7,216.42
CITY OF CLEARWATER
Traffic Engineering
Post Office Box 4748
Clearwater, Florida 33758-4748
Cost Work Sheet for Public Works Signing & Marking Traffic Ops
Department: Engineering/Traffic Operations
Project:
Date of Cost Estimate:
Description Unit Price Quantity Sub-Total
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
Employee Rate Hours Sub-total
Pre-staging Deployment of MOT Devices
0.00
Signs and Markings Tech 31.82 3.00 95.46
Signs and Markings Tech 31.82 3.00 95.46
Signs and Markings Truck 20.00 3.00 60.00
0.00
Road Closure for Event 0.00
Signs and Markings Tech 31.82 3.00 95.46
Signs and Markings Tech 31.82 3.00 95.46
CITY OF CLEARWATER
Traffic Engineering
Post Office Box 4748
Clearwater, Florida 33758-4748
Cost Work Sheet for Public Works Traffic Division
MOT costs for Friday Downtown/Coachman
Park Events (When
Requested)
3/31/2023
Costs for Pre-staging of MOT Devices, Closing and Opening of Roadway
Materials
Sub-total Materials
Labor
Signs and Markings Truck 20.00 3.00 60.00
0.00
Opening Road Post Event 0.00
Signs and Markings Tech 31.82 3.00 95.46
Signs and Markings Tech 31.82 3.00 95.46
Signs and Markings Truck 20.00 3.00 60.00
0.00
752.76
Vehicle or Equipment # and description Rate Hours Sub-total
Signal Truck I 20.00 0.00
Signal Truck II 20.00 0.00
Supervisor Truck 20.00 0.00
Signs and Marking Truck 20.00 0.00
0.00
752.76
66.46
819.22
Traffic Signal Technician 37.61
Traffic Sign & Marking Technician 31.82
Traffic Operations Supervisor 42.77
Vehicles and Equipment
Sub-total Vehicles and Equipment
Total Invoiced
Overhead
Total Due
Sub-total Labor
Department: Engineering/Traffic Operations
Project:
Date of Cost Estimate:
Description Unit Price Quantity Sub-Total
Shuttle/Bus/Jolley Trolley Guide Signs 36.50 10.00 365.00
Uber/Share Ride Guide Signs 36.50 10.00 365.00
VIP and Water's Edge Resident Guide Signs 36.50 10.00 365.00
24" Barricades for Mounting of Guide Signs 33.00 30.00 990.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
2,085.00
Employee Rate Hours Sub-total
Sign Tech (Design and Manufacture of
Shuttle, Uber, VIP and resident signs
31.82 32.00 1,018.24
Total 3,103.24
0.00
0.00
0.00
0.00
4,121.48
Vehicle or Equipment # and description Rate Hours Sub-total
Signal Truck I 20.00 0.00
Signal Truck II 20.00 0.00
Supervisor Truck 20.00 0.00
Signs and Marking Truck 20.00 0.00
0.00
6,206.48
66.46
6,272.94
Labor rate
Traffic Signal Technician 37.61
Traffic Sign & Marking Technician 31.82
Traffic Operations Supervisor 42.77
CITY OF CLEARWATER
Post Office Box 4748
Clearwater, Florida 33758-4748
Total Invoiced
Sub-total Vehicles and Equipment
Sub-total Labor
Labor
Vehicles and Equipment
Cost Work Sheet for Public Works Traffic Division
Materials
Traffic Engineering
Guide Signs for Downtown/Coachman Park
Events
3/31/2023
Costs for the Manufacturing of Guide Signs to Direct Buses, Uber, VIP, and Residents
Around Downtown to the Venue
Total Due
Overhead
Sub-total Materials
Department: Engineering/Traffic Operations
Project:
Date of Cost Estimate:
Description Unit Price Quantity Sub-Total
Devices for the Closure of Ft. Harrison
between Chestnut St and Court St 0.00
N/B Closure 0.00
Road Closed Ahead w/ 36" Barricade at
Turner St and Ft. Harrison N/E Corner 130.50 1.00 130.50
Class 3 Barricade with Road Closed and
Large Detour Right at Chestnut and Ft.
Harrison Northside of Intersection 219.00 1.00 219.00
24" Barricades at Chestnut and Ft. Harrison
Northside of Intersection 33.00 5.00 165.00
S/B Closure 0.00
Class 3 Barricade with Road Closed and
Large Detour Right at Court and Ft.
Harrison Southside of Intersection 219.00 1.00 219.00
24" Barricades at Court and Ft. Harrison
Southside of Intersection 33.00 5.00 165.00
24" Barricades to close Markley St and Ft.
Harrison 33.00 3.00 99.00
Devices for the Closure of Ft. Harrison
between Jones St and Drew St 0.00
S/B Closure 0.00
Road Closed Ahead w/ 36" Barricade just
South of Georgia St on Ft. Harrison 130.50 1.00 130.50
CITY OF CLEARWATER
Traffic Engineering
Post Office Box 4748
Clearwater, Florida 33758-4748
Cost Work Sheet for Public Works Traffic Division
3/31/2023
Costs of MOT Devices and Related Deployment Costs for 4th of July Event
Materials
Road Closure Costs for Downtown/Coachman
Park Events
Class 3 Barricade with Road Closed and
Large Detour Left at Ft. Harrison and Jones
St Southside of Intersection 219.00 1.00 219.00
24" Barricades at Ft. Harrison and Jones St
Southside of Intersection 33.00 5.00 165.00
N/B Closure 0.00
Class 3 Barricade with Road Closed and
Large Detour Right at Ft. Harrison and Drew
St Northside of Intersection 219.00 1.00 219.00
24" Barricades at Fort Harrison and Drew St
Northside of Intersection 33.00 5.00 165.00
0.00
Variable Message Boards Programming
and Deployment for Westbound Court St
E/O Myrtle Ave, Southbound Myrtle Ave
N/O Drew St, and Southbound Ft. Harrison
Ave N/O Seminole St
180.00 3.00 540.00
24" Barricades to Guard VMB 33.00 12.00 396.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
2,832.00
Employee Rate Hours Sub-total
Pre-staging Devices Prior to July 4th
Sign Tech to Pre-stage MOT Devices and
Deploy VMB's 31.82 3.00 95.46
Sign Tech to Pre-stage MOT Devices and
Deploy VMB's 31.82 3.00 95.46
0.00
Road Closure on Tuesday July 4th
including Holiday Pay Costs 0.00
Sign Tech for Road Closure 31.82 7.50 238.65
Sign Tech for Road Closure 31.82 7.50 238.65
0.00
Opening of Roadway Post July 4th Event
0.00
0.00
Labor
Sub-total Materials
Sign Tech to Open Road 31.82 7.50 238.65
Sign Tech to Open Road 31.82 7.50 238.65
0.00
Standby and as required (4) Signs and
Markings Techs for the Closing and
Opening of the Roadway 0.00
1,145.52
Vehicle or Equipment # and description Rate Hours Sub-total
Signal Truck I 20.00 0.00
Signal Truck II 20.00 0.00
Supervisor Truck 20.00 0.00
Signs and Marking Truck 20.00 18.00 360.00
360.00
4,337.52
66.46
4,403.98
Costs for Provisional Barricades to
Close Fort Harrison between Laura St
and Park St 0.00
S/B Fort Harrison Ave at Laura St 0.00
Class 3 Barricade w/ Road Closed at Ft.
Harrison and Laura St Southside of
Intersection 160.00 1.00 160.00
24" Barricades at Ft. Harrison and Laura St
Southside of Intersection 33.00 6.00 198.00
24" Barricades on Ft. Harrison just South of
Hendricks St 33.00 4.00 132.00
N/B Fort Harrison Ave at Park St 0.00
Class 3 Barricade w/ Road Closed at Ft.
Harrison and Park St Northside of
Intersection 160.00 1.00 160.00
Class 3 Barricade at Ft. Harrison and Park
St Northside of Intersection 100.00 1.00 100.00
24" Barricades at Ft. Harrison and Park St
Northside of Intersection 33.00 5.00 165.00
Possible Need to Closed Laura St at
Osceola Ave 0.00
Class 3 Barricade w/ Road Closed at
Osceola Ave and Laura St 160.00 1.00 160.00
24" Barricades at Osceola Ave and Laura St
33.00 3.00 99.00
Total Due
Sub-total Labor
Vehicles and Equipment
Sub-total Vehicles and Equipment
Total Invoiced
Overhead
0.00
$1,174.00
Labor rate
Traffic Signal Technician 37.61
Traffic Sign & Marking Technician 31.82
Traffic Operations Supervisor 42.77
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Clearwater Beach Patrons Event Ferry or Memorial Cswy
Cleveland St.Emergency /Fire / Police
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Parking Access,
Bicycle Parking
CurbsideRemote Lot Shuttle Service
CurbsideTNC Staging
Drew St. Back of House Vendor Vehicles
EV Parking VIP
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S OSCEOLA AVES FORT HARRISON AVEN FORT HARRISON AVES MLK JR. AVES MLK JR. AVES MLK JR. AVES GARDEN AVEBAY AVEOAK AVEOAK AVEPALM AVES EAST AVENUEN EAST AVENUEN MYRTLE AVENUES PROSPECT AVENUES PROSPECT AVENUE N OSCEOLA AVEWATTERSON AVE S WASHINGTON AVE S MADISON AVEBOOTH AVEPIERCE ST
PIERCE ST
FRANKLIN ST FRANKLIN ST
PIERCE ST
PIERCE ST
GOULD ST GOULD ST
BROWNELL ST BROWNELL ST
PIERCE ST
COURT ST COURT ST
COURT ST US-19 ALT SR-595COURT STSR-60
COURT STSR-60CHESTNUT ST
TURNER STTURNER ST
TURNER ST
CHESTNUT ST
ROGERS ST ROGERS STPIERC
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BLVD
CA
U
S
E
W
A
Y
BR
I
D
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ME
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HARBORCLEARWATER N OSCEOLA AVE S OSCEOLA AVES GARDEN AVES GARDEN AVE N GARDEN AVE N GARDEN AVES EAST AVENUES EAST AVENUES EAST AVENUEN EAST AVENUEN MYRTLE AVENUEUS-19 ALT SR-595CHESTNUT STPIERC
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BLVD
A Garden Avenue Parking Garage (A) 270/255 Parking Spots
B Municipal Services Parking Garage (B) 487/283 Parking Spots
C Station Square Parking Garage (C) 100 Parking Spots
D Pinellas County Parking Garage (21) 498 Parking Spots
E Pinellas County Lot (PC) 105 (TBD) Parking Spots
F Coachman Park Surface Lot 153 Parking Spots
G Pierce St Lot (16)
118 Parking Spots
H Oak Avenue Parking Lot (22) 124 Parking Spots
I County Lot 13
J Lot 17
K Lot 19
L Lot 23
M Lot 25 St Pete Times
N Lot 29
O MSB Office Parking Lot
P BOA Surface Lot
Imagine Clearwater Available Downtown Parking for Event Use
3,265/2,339 Total Downtown Parking Spots (Excluding TBD: D, E)
*Total Spaces/Available for Event Use* (_) = City of Clearwater Parking Facility Designation
No Charge
ParkMobile Only Zone
ParkMobile Zone & Kiosk
Employees Only ∙ M-F 6 a.m. to 5 p.m.
Permit Only
Restricted Parking
Rideshare Drop-Off/Pick-Up
Uber/Lyft Travel
Shuttle Drop-Off/Pick-Up
Shuttle Travel
Event Bus Path
Event VIP & Resident Access
Event Traffic Control Area
Type III barricades w/road closed
CLOSED TO VEHICLES
NO LEFT TURN RIGHT TURN ONLYX
X X X
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#23-0426
Agenda Date: 5/1/2023 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Engineering Department
Agenda Number: 6.1
SUBJECT/RECOMMENDATION:
Approve a Work Order to Mead and Hunt, Inc. of Tampa, FL, for Intelligent Transportation
Systems (ITS) Fiber Optic Design, Phase 1 (23-0018-EN), in the amount of $192,385.00,
pursuant to Request for Qualifications (RFQ) 26-19, Engineer of Record Continuing Services
(EOR), and authorize the appropriate officials to execute same. (consent)
SUMMARY:
The city at one time had a state-of-the-art twisted-pair copper communication system. Over
time the copper cable has degraded, broken, and become obsolete due to advances in
technology. However, the city has a valuable asset in the conduit system that will be leveraged
to build the fiber-optic telecommunications system for ITS.
Independent traffic fiber optic cable runs will be required to facilitate the power, reach, speed,
durability, reliability, and security needs of the ITS. The fiber networks will integrate with the
Pinellas County Traffic Management Center via a server-to-server connection.
Phase 1 will provide fiber-optic telecommunications to 35 traffic signals in the beach and
downtown areas and support future, planned ITS initiatives including Beach Parking Lot
real-time information and management, evacuation, and special events.
Mead & Hunt will provide design of Traffic Management Center upgrades and signal system
communications including fiber and broadband, ATMS software, signal retiming,
implementation, and provide coordinated recommendations to the City along the identified
Intelligent Transportation Systems (ITS) corridors.
On August 2022, City Council approved American Rescue Plan Act (ARPA) related funding in
the amount of $3,500,000 for Fiber upgrades and broadband connectivity.
APPROPRIATION CODE AND AMOUNT:
3557355-565400-G2211 $192,385
Funds are available in capital improvement project 355-G2211, ARPA Fiber Upgrades, to fund
the work order.
Page 1 City of Clearwater Printed on 4/24/2023
Mead & Hunt, Inc. City of Clearwater
Consultant Work Order Page 1 of 9 Revised: 11/28/2022
CONSULTANT WORK ORDER
Date: March 31, 2023
1. PROJECT INFORMATION:
Project Title: INTELLIGENT TRANSPORTATION SYSTEMS (ITS)
FIBER OPTIC DESIGN, PHASE 1
City Project Number: 23-0018-EN
City Plan Set Number: 2023005
Consultant Project Number: 4615600-220262.01
2. SCOPE OF SERVICES:
Summary
The City of Clearwater, Traffic Division, is requesting Mead & Hunt (Consultant) to provide
professional engineering services for the design of phase 1 of the fiber optic system to
support real-time remote monitoring and management of the City’s existing and future
ITS devices as part of the City’s Transportation Management Center (TMC) projects. A
robust, resilient and redundant telecommunication system is the backbone of Intelligent
Transportation Systems (ITS) and Smart City applications such as connected & automated
vehicles. Phase 1 will provide fiber-optic telecommunications to 35 traffic signals in the
beach and downtown areas and support future, planned ITS initiatives including Beach
Parking Lot real-time information and management, evacuation, special events.
Role of Traffic Division
The Traffic division is responsible for the planning, geometric design and traffic operations
of streets and highways, their networks, terminals, abutting lands, relationships with
other modes of transportation and the city's traffic calming program. It reviews plans of
developments and impact on adjacent street systems, initiates street lighting, administers
multimodal impact fees, conducts traffic studies, analyzes accident problems, reviews
public concerns and complaints, and coordinates and maintains the Computerized Traffic
Control System. This division fabricates, installs, and maintains all traffic signal
installations, pavement markings and traffic signs under the jurisdiction of the City of
Clearwater, including flashing beacons, school signals and the marking of all city parking
lots. This division also serves as the primary liaison with Florida Department of
CONSULTANT WORK ORDER
INTELLIGENT TRANSPORTATION SYSTEMS (ITS) FIBER OPTIC DESIGN, PHASE 1
Mead & Hunt, Inc. 23-0018-EN City of Clearwater
Consultant Work Order Page 2 of 9 Revised: 11/28/2022
Transportation (FDOT), Pinellas County Traffic Engineering and other municipal traffic
operations agencies, such as Forward Pinellas of Pinellas County.
Background
The goal of the ITS fiber deployment is to provide real-time communications to the 74
City operated and maintained signals and future ITS assets such as parking lots, CCTV
cameras, signs, weather stations, etc.
Phase 1, as noted will connect 35 traffic signals. Phase 2 (future project) will connect the
remaining traffic signals as well as future ITS devices. Phase 1 (this project) includes 12
miles of fiber-optic telecommunications to the Beach and Downtown areas, and will
connect the Signal Shop, Municipal Services Building and Beach with HUB cabinets. Phase
1 will replace the soon-to-be-deployed cellular communication network. The cellular
communications network is stop-gap measure until this project can be constructed. Fiber
is more sustainable, durable, scalable to future needs, cost-efficient, and more resilient –
especially in weather events - compared to cellular.
The City, at one time had a state-of-the-art twister-paid/ copper communication system.
Over time the copper cable has degraded and broken and also become obsolete due to
advances in technology. However, the City still has a valuable asset in the conduit system
that will be leveraged to build the fiber-optic telecommunications system for ITS.
The Traffic division’s traffic signal shop has been investigating the existing conduit system
including mapping the junction boxes, conduit route locations, sizes and suitability of the
conduit for re-use for the fiber-optic system. The signal shop has indicated that proposed
Phase 1 route is suitable for pulling new backbone and distribution fibers with innerduct.
However, many of the junction boxes need to be replaced with a size that is large enough
to accommodate the smaller bending radius for fiber-optic cable. Also, there are several
small sections of new conduit that will need to be installed.
The below represents a conceptual layout of the Phase 1 design. As part of this scope of
work, the Phase 1 and Phase 2 network layout designs will be completed. It is necessary
to complete both layouts since some of the redundancy and resiliency for Phase 2 will be
need to designed and implemented in Phase 1. To that end, it is necessary to list the
design goals, as follows:
Leverage the existing conduit system.
Avoids the future FDOT Complete Street project on Drew Street that is currently
at 30% design completion. Mead & Hunt will require the Drew Street conduit
plans in order to prepare the Phase 2 layout.
Maximize connections to City operated and maintained traffic signals
Enable connections to future ITS devices.
Provide redundant rings in the design.
Identify signals that may be better serviced through cellular communications using
a cost-benefit analysis approach.
CONSULTANT WORK ORDER
INTELLIGENT TRANSPORTATION SYSTEMS (ITS) FIBER OPTIC DESIGN, PHASE 1
Mead & Hunt, Inc. 23-0018-EN City of Clearwater
Consultant Work Order Page 3 of 9 Revised: 11/28/2022
Map of Conceptual Layout of the Phase 1 ITS Fiber. Colors represent future
“rings” that are expected to be completed in Phase 2
Table of the Phase 1 ITS Fiber Routes
Itemized Scope of Services
1. Meetings, Coordination & Project Management
a. Monthly invoices and progress reports.
b. Biweekly coordination meetings for a 8 month schedule.
c. Email and phone correspondence
Road Phase Type Existing Conduit Mileage Signals
Poinsetta Ave + DistN 1 Distribution Y 0.6 3
Mandalay 1 Distribution Y 0.2 1
Causeway 1 Backbone Y 1.7 0
Coronado Dr 1 Distribution Y 0.8 2
Causeway/ Chesnut + Ft Harrison + Cleveland to City Hall 1 Backbone Y 0.8 0
Ft Harrison 1 Distribution Y 0.4 4
Cleveland at Osceola 1 Distribution Y 0.1 1
Betty Lane 1 Distribution Y 0.2 1
MLK, Jr (south)1 Distribution Y 0.1 1
MLK, Jr (north)1 Distribution New 0.2 1
Missouri 1 Distribution New 0.2 1
Cleveland + Highland 1 Backbone Y 1.5 5
US 19 ALT 1 Distribution + Backbone (Future)Y 1.1 4
Ft Harrison 1 Backbone Y 0.9 6
S Myrtle 1 Backbone Y 1.0 4
Cleveland + Keene to Signal Shop 1 Distribution + Backbone (Future)Y 2.2 1
12.0 35
CONSULTANT WORK ORDER
INTELLIGENT TRANSPORTATION SYSTEMS (ITS) FIBER OPTIC DESIGN, PHASE 1
Mead & Hunt, Inc. 23-0018-EN City of Clearwater
Consultant Work Order Page 4 of 9 Revised: 11/28/2022
2. Fiber Network Layout Design Phase 1 and Phase 2 (10% Design) – the purpose of this
subtask is to refine the network design and layout for Phase 1 and Phase 2.
a. Update & Refine the Design
i. City-collected Field Data. The City signal shop is continuously updating
the conduit survey. While much of the network layout is has been
conceptually prepared, it must be reviewed based on the latest data.
Mead & Hunt will review existing plans and documentation as provided
by the City to identify fiber backbone and distribution routing.
ii. Proposed ITS Devices. Mead & Hunt will develop a future ITS network
deployment concept. This will be based on our understanding of the
City from the various tasks we have performed. It will be high level and
include future devices on the ITS communications network including
parking lots, CCTV cameras, Connected Vehicle intersections, DMS
signs, traffic monitoring data collection stations, weather stations, etc.
Mead & Hunt will develop a GIS-based map and present it to City traffic
for review. We will address comments and submit the final basis of
design.
b. Prepare a conceptual layout illustrating existing and proposed conduit, HUB
locations, splice boxes (existing and replacements), existing and proposed
traffic signals, fiber counts, slack locations, and splice locations. The
deliverables will be GIS files and 11x17 plans (approximately 10 sheets) along
with a short narrative to describe the approach and assumptions.
c. Review the plans with the City and identify data collection needs for the City
signal shop to collect or verify.
3. Create the base fiber plans from the City GIS at 1’ = 50’, approximately 38 sheets. (30%
Design).
4. Prepare 60% Fiber Design (75 plan sheets)
a. Design the conduit routing for new directional drill conduits. It is assumed to
be a 4’ conduit with 3 innerducts (backbone fiber, distribution and spare)
b. Design splice box locations at each traffic signal that will require a traffic or ITS
device.
c. Identify and design the cabinet enclosure, specify equipment and layout of the
enclosure, and design conduit infrastructure from the backbone conduit to up
to 4 proposed hub cabinet locations.
d. Design the backbone fiber allocation and fiber distribution allocation (pairs,
splicing diagram and schedule)
e. Identify and include FDOT standard detail drawings
f. Prepare supplemental specifications for materials not included in the City or
FDOT standard spec books
g. Prepare engineer’s cost estimate.
h. Perform QAQC
i. Attend 1 virtual review meeting
j. Prepare Responses to Comments
CONSULTANT WORK ORDER
INTELLIGENT TRANSPORTATION SYSTEMS (ITS) FIBER OPTIC DESIGN, PHASE 1
Mead & Hunt, Inc. 23-0018-EN City of Clearwater
Consultant Work Order Page 5 of 9 Revised: 11/28/2022
5. Prepare 90% Design
a. Address 60% comments and prepare plans and supplemental specifications
b. Update Engineer’s Estimate
c. QAQC
6. 100% Design (PS&E)
a. Address 90% comments and prepare plans and supplemental specifications
b. Update Engineer’s Estimate
c. QAQC
7. Construction Support
a. Conduct up to two trips (4 days each trip) to address field issues, as may arise
during construction, and/or to attend coordination meetings.
b. Catalogue cut/ shop drawing reviews of fiber-optic equipment. The shop
drawing reviews are limited to fiber optic cables, layer 2 and 3 switches, slice
boxes, conduit, innerduct, ITS cabinet, patch panel, splice enclosures, and up
to 2 additional pieces of equipment that may be needed but as yet undefined.
c. Redline revisions to drawings for up to 5 sheets.
The full plan set is anticipated to include the following sheets (up to 75 sheets).
1. Title Sheet (1 plan)
2. Abbreviations (1 plan)
3. Index of Sheets (1 plan)
4. General Notes & Legend (1 plan)
5. Summary of Quantities (2 plan)
6. Temporary Traffic Control Notes (up to 1 sheet)
7. Plan: Fiber Sheets (38 plans)
8. Fiber Splicing/ Termination Details (20 plans)
9. Standard Detail Drawings (up to 10 plans)
Exclusions & Assumptions
Mead & Hunt’s scope of work includes the following assumptions and exclusions:
Calculations or field assessment for the suitability of the existing conduit system
to be used for the future fiber-optic cable. The National Electric Code (NEC)
standard for use of existing conduit is a 40% maximum fill.
Permits are not included. No permits are anticipated to be needed as most of the
work is withing existing conduits or maintenance type work to replace existing
junction boxes. However, as noted there are two blocks of new conduit to be
installed.
The scope and fee are based on a 12-month total schedule.
The City plans to have their existing on-call contractor furnish and install the fiber-
optic cable, equipment cabinets, switches, splices, and patch cables. This will not
be formally advertised project. Therefore, there will be no need to develop an
CONSULTANT WORK ORDER
INTELLIGENT TRANSPORTATION SYSTEMS (ITS) FIBER OPTIC DESIGN, PHASE 1
Mead & Hunt, Inc. 23-0018-EN City of Clearwater
Consultant Work Order Page 6 of 9 Revised: 11/28/2022
Invitation for Bid, provide Addenda, evaluate bids as part of the normally
advertisement process.
Mead & Hunt plans will coil the fiber at a HUB cabinet outside City Hall. The City
IT will bring the fiber into the building and terminate the fiber at an equipment
rank inside the building. City IT – or their designated contractor - will responsible
for logical design of the network, implementation, configuration and
programming of the network configuration including VLAN design and IP schema.
No additional field work will be provided by Mead & Hunt. It will be up to the City
to identify any barriers to fiber installation prior to and during construction.
Construction engineering, inspection and administration are not included in the
scope of work.
3. PROJECT GOALS
This project has two goals:
1. Provide real-time communications to 35 City operated traffic signals to enable remote
management and monitoring through the Traffic Management Center.
2. Provide the City’s Traffic Engineering team with a robust, resilient and redundant
telecommunication system to form the backbone of Intelligent Transportation and
Smart City applications such as connected & automated vehicles.
4. FEES:
See Attachment “A”
This price includes all labor and expenses anticipated to be incurred by Mead & Hunt for
the completion of these tasks in accordance with Professional Services Method “B” –
Lump Sum – Percentage of Completion by Task, for a fee not to exceed One hundred
ninety-two thousand three-hundred eighty-five dollars ($192,385).
5. SCHEDULE:
The project is to be completed in 9 months from issuance of notice-to-proceed (NTP). The
schedule is contingent upon the City providing the updated conduit survey in GIS format
within 7 days of NTP; that there are no significant changes to the routing of the fiber
shown in this task proposal, 14 calendar day review periods by the City for the 10%, 60%,
90% and 100% submittals. The project deliverables are to be phased as follows and are
based on an assumed NTP date of 5/15/2023. Note that our schedule will not advance if
NTP is provided earlier, and if the NTP is delayed beyond 6/1/2023 Mead & Hunt will issue
a revised schedule:
10% Design Completion: 1 month from NTP
30% Design Completion: 2 months from NTP
CONSULTANT WORK ORDER
INTELLIGENT TRANSPORTATION SYSTEMS (ITS) FIBER OPTIC DESIGN, PHASE 1
Mead & Hunt, Inc. 23-0018-EN City of Clearwater
Consultant Work Order Page 7 of 9 Revised: 11/28/2022
60% Construction Plans: 6 months from NTP
90% Construction Plans: 8 months from NTP
100% Construction Plans: 9 months from NTP
6. STAFF ASSIGNMENT:
Omar Atallah City Traffic Engineering Manager
Cory Martens City Signal System Supervisor
Ted Mellis City Traffic Ops Supervisor
Keith Riniker, PE, PTOE Senior Vice President (Point of Contact)
Jyothi Paladugu, PE, PTOE Senior Engineer
Auref Aslami, PE, CCNA CyperOps, IMSA III Senior Engineer
David Donaldson, PE, PTOE Engineer IV
Nick Ptak Engineer III
Scott Mason Senior Designer
7. CORRESPONDENCE/REPORTING PROCEDURES:
ENGINEER’s project correspondence shall be directed to Keith Riniker (Project Manager).
All CITY project correspondence shall be directed to Mr. Omar Atallah with copies to
others as may be appropriate.
8. INVOICING/FUNDING PROCEDURES:
City Invoicing Code: 3557355-565400-G2211
For work performed, invoices shall be submitted monthly to:
Attention: Jamie Gaubatz, Sr Accountant
City of Clearwater, Public Works Engineering
PO Box 4748
Clearwater, Florida 33858-4748
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.
CONSULTANT WORK ORDER
INTELLIGENT TRANSPORTATION SYSTEMS (ITS) FIBER OPTIC DESIGN, PHASE 1
Mead & Hunt, Inc. 23-0018-EN City of Clearwater
Consultant Work Order Page 8 of 9 Revised: 11/28/2022
5. If Lump Sum, the percent completion, amount due, previous amount earned and
total earned to date for all tasks (direct costs, if any, shall be included in lump sum
amount).
6. If Hourly Rate, hours, hourly rates, names of individuals being billed, amount due,
previous amount earned, the percent completion, total earned to date for each
task and other direct costs (receipts will be required for any single item with a cost
of $50 or greater or cumulative monthly expenses greater than $100).
7. If the Work Order is funded by multiple funding codes, an itemization of tasks and
invoice amounts by funding code.
10. CONSIDERATIONS:
Consultant acknowledges the following:
1. The Consultant named above is required to comply with Section 119.0701, Florida
Statutes, where applicable.
2. All City directives shall be provided by the City Project Manager.
3. “Alternate equals” shall not be approved until City Project Manager agrees.
4. All submittals must be accompanied by evidence each has been internally checked
for QA/QC before providing to City.
5. Consultants/Contractors are not permitted to use City-owned equipment (i.e.,
sampling equipment, etc.).
6. Documents posted on City website must ADA accessible.
11. ADDITIONAL CONSIDERATIONS:
All work orders should include considerations for the following:
1. Sea Level Rise and Flood Resilience, as applicable.
2. Submittal of a Critical Path Method (CPM) Schedule(s).
3. Submittal of a Project Catalog with the following items, as appropriate:
a. Data requests, assumptions, critical correspondence, meeting agenda,
sign-in sheets, meeting minutes, document comment-response log(s),
technical memorandum/reports, addenda, progress reports, regulatory
correspondence, and other project-related documents.
b. If construction project, also include design plans, conformed plans,
change orders, field orders, RFIs, work change directives, addenda,
progress reports, shop drawing and progress submittals, as-builts, record
drawings, and other project-related documents such as O&M manuals
and warranty information.
c. At the conclusion of the project, ENGINEER will combine this information
into a Project Catalog and submit to the City for review and comment.
4. Arc Flash labeling requirements:
a. All electrical designs and construction shall adhere to NFPA 70 E
“Standard for Electrical Safety in the Workplace”.
CONSULTANT WORK ORDER
INTELLIGENT TRANSPORTATION SYSTEMS (ITS) FIBER OPTIC DESIGN, PHASE 1
Mead & Hunt, Inc. 23-0018-EN City of Clearwater
Consultant Work Order Page 9 of 9 Revised: 11/28/2022
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:
Our work will consider coordination with, acknowledgement of, and reference to, all
applicable completed and current transportation studies, plans, policies and standing
committees as needed including:
• Advanced Transportation and Congestion Management Technologies
Deployment Initiative, Pinellas County
• Interagency Signal Maintenance Agreement
• City GIS Database
13. SIGNATURES:
PREPARED BY: APPROVED BY:
Keith Riniker, PE, PTOE Tara Kivett, P.E.
Vice President City Engineer
Mead & Hunt, Inc. City of Clearwater
3/31/2023_______________________
Date Date
ATTACHMENT “A”
CONSULTANT WORK ORDER
INTELLIGENT TRANSPORTATION SYSTEMS (ITS) FIBER OPTIC DESIGN, PHASE 1
Mead & Hunt, Inc. 23-0018-EN City of Clearwater
Consultant Work Order – Project Fees Table Page 1 of 2 Revised: 11/28/2022
CONSULTANT WORK ORDER
PROJECT FEES TABLE
Task Description Subconsultant
Services
Labor Total
1.0 Meeting & Coordination
1.1 Progress Reports & Invoicing (12 mos.) $2,580 $2,580
1.2 Biweekly Meetings (12 mos.) $11,520 $11,520
1.3 Coordination $11,520 $11,520
Pre-Design Total: $25,620
2.0 Fiber Network Layout 10% Design
2.1 Proposed ITS Devices $23,446 $23,446
2.2 Conceptual Layout $9,128 $9,128
2.3 Review & Identify Data Needs 2,240 2,240
10% Design Total: $34,814
3.0 Base Plans, 30% Design
3.1 30% Submittal $8,036 $8,036
30% Design Total: $8,036
4.0 60% Design Plans & Specifications
4.1 Conduit Route & Splice Box Design $17,242 $17,242
4.2 ITS Cabinet Design $4,965 $4,965
4.3 Fiber Network Allocation & Splicing $20,265 $20,265
4.4 Details $4,233 $4,233
4.5 Specifications & Engineer’s Estimate $8,220 $8,220
4.6 Submittal, Review Meeting, Comment
Responses
$11,446 $11,446
60% Design Plans and Specifications Total: $66,371
5.0 90% Design Plans & Specifications
5.1 Advance to 90% Design $18,250 $18,250
5.3 Submittal, Review Meeting, Comment
Responses
$2,240 $2,240
90% Design Plans and Specifications Total: $20,490
6.0 100% Design Plans & Specifications
6.1 Final Construction Documents $11,240 $11,240
100% Design Plans and Specifications Total: $11,240
7.0 Construction Phase Services
5.1 Field Visits $13,266 $13,266
5.2 Catalog Cut Review $5,178 $5,178
ATTACHMENT “A”
CONSULTANT WORK ORDER
INTELLIGENT TRANSPORTATION SYSTEMS (ITS) FIBER OPTIC DESIGN, PHASE 1
Mead & Hunt, Inc. 23-0018-EN City of Clearwater
Consultant Work Order – Project Fees Table Page 2 of 2 Revised: 11/28/2022
5.3 Redline Revisions $7,370 $7,370
Construction Phase Services Total: $25,814
GRAND TOTAL: $192,385
ATTACHMENT “B”
CONSULTANT WORK ORDER – CITY DELIVERABLES
TRANSPORTATION MANAGEMENT CENTER UPGRADES
Mead & Hunt 23-0018-EN City of Clearwater
Consultant Work Order – Project Fees Table Page 1 of 2 Revised: 11/28/2022
CONSULTANT WORK ORDER
CITY DELIVERABLES
1. FORMAT:
Any deliverable shall be utilizing the following methods:
1. GIS files (network design)
2. PDF (construction documents and network planning documents)
3. Word files (meeting minutes)
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 deliverables will include markups of proposals, short technical memos, email
correspondence, acceptance test results documentation, implemented signal timing
databases and refined signal timing databases.
Deliverables are anticipated to include:
o Meeting Minutes
o Network Design (10% design completion) delivered in electronic format GIS files
and 11x17 plans (approximately 10 sheets).
o Construction documents consisting of 75 plans, engineer’s estimates and project
special specifications for 60%, 90% and 100% complete. Delivered in PDF format
via email or SharePoint.
Construction documents will be delivered digitally.
The design plans shall be produced on bond material, 24" x 36" at a scale of 1" = 50’.
Upon completion the consultant shall deliver all drawing files in digital format with all
project data in Autodesk Civil 3D file format.
ATTACHMENT “B”
CONSULTANT WORK ORDER – CITY DELIVERABLES
TRANSPORTATION MANAGEMENT CENTER UPGRADES
Mead & Hunt 23-0018-EN City of Clearwater
Consultant Work Order – Project Fees Table Page 2 of 2 Revised: 11/28/2022
NOTE: If approved deviation from Clearwater CAD standards is 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 software. All block references and other references contained
within the drawing file shall be included. Please address any questions regarding format
to Mr. Thomas Mahony, at (727) 562-4762 or email address
Thomas.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.
Map of Conceptual Layout of the Phase 1 ITS Fiber
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#23-0332
Agenda Date: 5/1/2023 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Public Utilities
Agenda Number: 7.1
SUBJECT/RECOMMENDATION:
Approve a professional service agreement with Tetra Tech, Inc. of Tampa, FL as the Lift
Station Program Consultant (21-0034-UT) in the not-to-exceed amount of $11,400,000.00 for a
five-year term pursuant to Request for Qualification (RFQ) 13-22 and authorize the appropriate
officials to execute same. (consent)
SUMMARY:
June 2022, RFQ 13-22, Consulting Services - Lift Station Program, was issued seeking
qualified firms to provide consulting services for lift station projects throughout the city.
In August 2022, the RFQ selection committee, consisting of representatives from the
Engineering and Public Utilities departments carefully reviewed each of the submittals received
from five qualified firms. Each submittal was ranked on the RFQ criteria and overall
responsiveness to the RFQ requirements. Tetra Tech, Inc was selected to provide the
requested Lift Station Program Consulting Services.
Services generally include, but are not limited to, general project management for lift station
projects, consulting services in planning and policy of lift stations, condition assessment of
existing lift stations; design services for lift stations and associated force mains, lift station
upgrades, lift station rehabilitation and repairs, construction engineering and inspection
services for lift station projects, and construction management and contractor oversight
services over a five-year term.
The City of Clearwater’s Public Utilities Department owns, operates, and maintains the sewer
lift stations in the city.
APPROPRIATION CODE AND AMOUNT:
Funding will be provided in 3217321-530100-96686 as needed over the next six years.
Funds are available in capital improvement project 96686, Pump Station Replacement.
Page 1 City of Clearwater Printed on 4/24/2023
1
MASTER AGREEMENT BETWEEN
CITY OF CLEARWATER AND TETRA TECH
RFQ #13-22
LIFT STATION PROGRAM
PROJECT 21-0034-UT
This AGREEMENT is made and entered into on the _____ day of __________ 2023 by and
between the City of Clearwater, Florida (CITY) and Tetra Tech. (CONSULTANT).
WITNESSETH:
WHEREAS, the City of Clearwater’s Lift Station Program consists of projects related to the Waste
Water Collection and Treatment System within the CITY; and
WHEREAS, the CITY desires to engage the CONSULTANT to perform certain professional
services pertinent to such work in accordance with this Agreement; and
WHEREAS, the CONSULTANT desires to provide such professional services in accordance with
this Agreement; and
WHEREAS, in accordance with the competitive selection process described in Section 287.055 of
the Florida Statutes, the CITY selected the CONSULTANT based on Request For Qualifications
(“RFQ”) #13-22 and responses by the CONSULTANT to RFQ #13-22.
NOW, THEREFORE, in consideration of the mutual promises contained herein and other good
and valuable consideration, the Parties agree that the above terms, recitals, and representations are
true and accurate and are incorporated herein by reference, and the Parties further agree as follows:
1.0 GENERAL SCOPE OF THIS AGREEMENT AND STANDARD OF CARE
The relationship of the CONSULTANT to the CITY will be that of a professional
consultant, and the CONSULTANT will provide the professional and technical services
required under this Agreement in accordance with acceptable engineering practices, by
exercising the skill, care, and ability ordinarily required of engineers performing the same
or similar services, under the same or similar circumstances, in the State of Florida, and
consistent with State of Florida professional ethical standards.
2.0 PROFESSIONAL TECHNICAL SERVICES
2.1 It shall be the responsibility of the CONSULTANT to work with and for the CITY to
perform an array of services for the City as set forth in RFQ #13-22, Scope of Services and
the CONSULTANT’s proposal in response to that RFQ. The CONSULTANT’S services
will include assessment, design, engineering, procurement, and administration and
construction engineering services related to the wastewater collection and treatment
system:
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1. PROGRAM MANAGEMENT
a. Develop project management tools to monitor the status of project progress,
budget and other parameters.
b. Attend meetings as needed for the continued implementation of the Lift Station
Program.
c. Coordination with other City Programs and activities.
d. Program Management Services – Renewable annually
e. Develop Pilot Study for Program Management Dashboard
2. PLANNING, POLICY AND PRACTICES
a. Develop and assist in implementing utility design standards and specifications
b. Develop and assist in implementing a private lift station and force main
inventory, ordinance, policies and programs
c. Develop and assist in implementing recommendations in the Wastewater
Collection System (WWCS) Master Plan, Water Reclamation Facility (WRF)
Master Plan, Capacity Management, Operations and Maintenance (CMOM) and
other organizational recommendations identified by the City.
d. Assist in developing materials to document compliance with all state and federal
regulations.
e. Conduct system planning and resiliency studies including but not limited to
business risk analyses (BREs), site security reviews, operations optimization (i.
e. energy efficiency studies), sea level rise abatement, emergency response plans,
pipe route analyses, hydraulic modeling and model updates.
f. Prioritizing, packaging and sequencing capital projects.
g. GIS and asset management system updates.
h. Development and implementation of pilot studies of new technologies
i. Develop record drawings and other documentation of existing assets.
j. Other technical evaluations and studies as requested by the City.
k. Prepare lift station preventative maintenance and O&M Manual
l. Force main inspection and condition assessment protocol (to include in-line and
air release valves)
3. CONDITION ASSESSMENT (LIFT STATIONS, FORCEMAINS, IN-LINE VALVES,
AIR RELEASE VALVES AND ASSOCIATED COMPONENTS)
a. Desktop condition assessment.
b. Emergency and non-emergency field condition assessments including visual
inspections, surveys, equipment testing, acoustic analysis, electromagnetic
testing, CCTV, etc.
c. Update to the WWCS Master Plan BRE for lift stations and force mains.
d. Condition assessments as recommended in the Master Plan and as identified by
City.
4. DESIGN, PROCUREMENT, AND CONSTRUCTION ENGINEERING SERVICES
a. Services required to replace, repair, abandon, upgrade or expand lift stations,
force mains and their associated components as recommended in the WWCS
Master Plan, WRF master Plan or otherwise identified in subsequent studies or
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by the City for emergency and non-emergency situations, including:
i. Conceptual and preliminary design
ii. All required federal state and local permits
iii. Survey, geotechnical and other services
iv. Assistance in obtaining rights-of-way
v. Final design and preparation of contract documents
vi. Bidding and procurement assistance
vii. Construction engineering services
viii. Full or part time on-site resident project representative services.
ix. Project start up and close out services
5. LIFT STATION AND FORCE MAIN MAINTENANCE CONTRACT
a. Assist the City in preparing the lift station and force main maintenance contract
b. Assist in the selection of lift station and force main repair contractor(s)
c. Onsite supervision, inspection and quantity verification.
d. Invoice/pay application review and approval
2.2 The CONSULTANT’S services under this Agreement will be provided under a project
specific Work Order(s). Each Work Order will include the services for a single project,
phase, task or assignment, and will contain a mutually agreed-upon detailed scope of
services, project goals, fee and schedule of performance in accordance with applicable
fiscal and budgetary constraints. Work Orders will be incorporated by reference and
attached hereto this Agreement, as Exhibit A, A.1, A.2, etc.
Total compensation for all services shall not exceed $11,400,000.00 (eleven million four
hundred thousand dollars) unless specifically authorized by the City Council.
2.3 The CONSULTANT shall maintain an adequate and competent staff of professionally
qualified personnel available to the CITY for the purpose of rendering the required
engineering and/or consultant services hereunder and shall diligently execute the work to
meet the completion time established in the Work Orders. The CONSULTANT shall notify
the CITY by U.S. Mail addressed to the City Engineer of any changes in company contact
information, including but not limited to contact phone, address, project manager, email
addresses, etc.
2.4 The CITY reserves the right to enter into contracts with other engineering and/or architect
firms for similar services. The CONSULTANT will, when directed to do so by the CITY,
coordinate and work with other engineering and/or architectural firms retained by the
CITY.
2.5 The CITY reserves the right to remove any and all projects, phases, tasks, or assignments
in Section 2.1 of this Agreement. The CITY further reserves the right to enter into contracts
with other engineering firms for services related to such projects, phases, tasks, or
assignments. The CONSULTANT will, when directed to do so by the CITY, coordinate
and work with other firms retained by the CITY.
3.0 PERIOD OF SERVICES
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3.1 The CONSULTANT shall begin work promptly after receipt of a fully executed Work
Order. Receipt of a fully executed Work Order shall constitute written notice to proceed.
3.2 If the CONSULTANT’S services are delayed for reasons beyond the CONSULTANT’S
control, the time of performance shall be adjusted as appropriate.
3.3 It is the intent of the parties hereto that this Agreement continue in force for a period not
to exceed to five (5) years (Term April __, 2023 until April __, 2028), subject to the
provisions for termination contained herein. Assignments that are in progress at the
Termination Date shall be completed by the CONSULTANT unless specifically terminated
by the CITY. Should the CONSULTANT be in the progress of completing work under this
Agreement at the Termination Date, this Agreement shall continue with all terms,
conditions and obligations being in full force and effect until such time as the work is
completed. All provisions expressly intended to survive termination shall do so.
4.0 PROFESSIONAL SERVICES/CONSULTANT’S COMPETITIVE
NEGOTIATION ACT (CCNA)
Professional Services provided under this Agreement are within the scope of the practice
of architecture, landscape architecture, professional engineering, or registered land
surveying and mapping, as defined by the laws of the State of Florida. Provisions of F.S.
287.055 apply.
5.0 GENERAL CONSIDERATIONS
5.1 All Documents, including field books, drawings, specifications, calculations, geotechnical
investigation reports, etc., used in the preparation of the work shall be supplied by the
CONSULTANT and shall become the property of the CITY. The CITY acknowledges that
such documents are not intended or represented to be suitable for use by the CITY or others
for purposes other than those for which the documents are prepared. Any reuse of these
documents without written verification or adaptation by the CONSULTANT for the
specific purpose intended will be at the CITY’s sole risk without liability or legal exposure
to the CONSULTANT. The CITY shall indemnify and hold harmless CONSULTANT and
its officers, directors, members, partners, agents, employees, and consultants from all
claims, damages, losses, and expenses, including attorneys’ fees, arising out of or resulting
from any use, reuse, or modification of the Documents without written verification,
completion, or adaption by CONSULTANT. This indemnity shall not be construed as a
waiver of the CITY’S sovereign immunity or the limitation of liability pursuant to Florida
Statutes, 768.28.
5.2 The CONSULTANT shall prepare preliminary construction cost estimates with each
design submittal to verify the proposed design is within the City project budgets. The
CONSULTANT shall prepare a final estimate of probable construction costs, following
CITY approval of the bid documents and other pre-bid activities. The CITY hereby
acknowledges that estimates of probable construction costs cannot be guaranteed, and such
estimates are not to be construed as a promise that designed facilities will not exceed a cost
limitation.
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5.3 The CONSULTANT will provide expert witnesses, if required, to testify in connection
with any suit at law related to this Agreement. A supplemental agreement will be
negotiated between the CITY and the CONSULTANT describing the services desired and
providing a basis for compensation to the CONSULTANT.
5.4 Upon the CONSULTANT’S written request, the CITY will furnish or cause to be furnished
such reports, studies, instruments, documents, and other information as the
CONSULTANT and CITY mutually deem necessary. CONSULTANT may reasonably
rely on such information provided by the CITY.
5.5 The CITY and the CONSULTANT each bind themselves and their successors, legal
representatives, and assigns to the other party to this Agreement and to the partners,
successors, legal representatives and assigns of each other party, in respect to all covenants
of this Agreement; and, neither the CITY nor the CONSULTANT will assign or transfer
its interest in this Agreement without written consent of the other.
5.6 (a) To the fullest extent permitted by law, the CONSULTANT agrees to indemnify and
hold harmless the CITY, and its officers and employees, from liabilities, damages, losses,
and costs, including, but not limited to, reasonable attorneys’ fees, to the extent caused by
the negligence, recklessness, or intentionally wrongful conduct of the CONSULTANT and
other persons employed or utilized by the CONSULTANT in the performance of this
CONSULTANT under this AGREEMENT. Notwithstanding any provision herein to the
contrary, this paragraph shall not be construed as a waiver of any immunity to which CITY
is entitled or the extent of any limitation of liability pursuant to § 768.28, Florida Statutes.
Furthermore, this provision is not intended to nor shall it be interpreted as limiting or in
any way affecting any defense CITY may have under § 768.28, Florida Statutes or as
consent to be sued by third parties. The obligations under this paragraph shall expressly
survive termination or expiration of this Agreement.
(b) PURSUANT TO SECTION 558.0035 FLORIDA STATUTES, THE INDIVIDUAL
PROFESSIONAL EMPLOYEES AND AGENTS OF CONSULTANT MAY NOT BE
HELD INDIVIDUALLY LIABLE FOR NEGLIGENCE.
5.7 The CONSULTANT agrees not to engage the services of any person or persons in the
employ of the CITY to an allied capacity, on either a full or part-time basis, on the date of
the signing of this Agreement, or during its term.
5.8 (a) CONSULTANT may employ subconsultants as CONSULTANT deems necessary to
assist in the performance or furnishing of the services, subject to reasonable, timely, and
substantive objections by CITY.
(b) Key personnel assigned to CITY projects by the CONSULTANT shall not be
removed from the projects until alternate personnel acceptable to the CITY are approved
in writing by the CITY, which approval shall not be reasonably denied. Key personnel
are identified as: Project Manager and technical experts.
5.9 The CONSULTANT shall attach a status report on the projects with each request for
payment.
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5.10 Unless otherwise required by law or judicial order, the CONSULTANT agrees that it shall
make no statements, press releases or other public communication concerning this
Agreement or its subject matter or otherwise disclose or permit to be disclosed any of the
data, technical processes, business affairs or other information obtained or furnished in the
conduct of work under this Agreement without first notifying the CITY and securing its
consent in writing. The CONSULTANT also agrees that it shall not publish copyright or
patent any of the site-specific data or reports furnished for or resulting from work under
this Agreement. This does not include materials previously or concurrently developed by
the CONSULTANT for “In House” use. Only data and reports generated by the
CONSULTANT under this Agreement shall be the property of the CITY.
5.11 Public Records. The CONSULTANT will be required to comply with Section 119.0701,
Florida Statutes, as may be amended from time to time, specifically to:
IF THE CONSULTANT HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONSULTANT’S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS AT: 727-562-4092, Rosemarie.Call@myclearwater.com, 600
Cleveland Street, Suite 600, Clearwater, FL 33755.
CONSULTANT shall comply with the following:
a) Keep and maintain public records required by the City of Clearwater (hereinafter
“public agency”) to perform the service being provided by the CONSULTANT
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. CONSULTANT is entitled to payment
of fees as provided for under law for the production of such records.
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 CONSULTANT 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 CONSULTANT or keep and maintain public records
required by the public agency to perform the service. If the CONSULTANT
transfers all public records to the public agency upon completion of the contract,
the CONSULTANT shall destroy any duplicate public records that are exempt or
confidential and exempt from public records disclosure requirements. If the
7
CONSULTANT keeps and maintains public records upon completion of the
contract, the CONSULTANT 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
CONSULTANT of the request and the CONSULTANT must provide the records
to the public agency or allow the records to be inspected or copied within a
reasonable time.
f) The CONSULTANT hereby acknowledges and agrees that if the
CONSULTANT 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 CONSULTANT 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 CONSULTANT to compel production of public
records relating to a public agency’s contract for services, the court shall assess and
award against the CONSULTANT the reasonable costs of enforcement, including
reasonable attorney fees, if:
1. The court determines that the CONSULTANT unlawfully refused to comply
with the public records request within a reasonable time; and
2. At least 8 business days before filing the action, the plaintiff provided written
notice of the public records request, including a statement that the
CONSULTANT has not complied with the request, to the public agency and to
the CONSULTANT.
i) A notice complies with subparagraph (h)2. if it is sent to the public agency’s
custodian of public records and to the CONSULTANT at the CONSULTANT’s
address listed on its contract with the public agency or to the CONSULTANT’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 CONSULTANT 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.
8
6.0 COMPENSATION
6.1 The CONSULTANT shall be compensated for services rendered under this Agreement in
accordance with the provisions of each Work Order, upon presentation of
CONSULTANT’S invoice and as provided in this Agreement. An hourly rate schedule is
attached hereto as Exhibit B.
6.2 Compensation for services shall be invoiced by the CONSULTANT and paid by the CITY
in accordance with the Florida Local Government Prompt Payment Act, § 218.70, Florida
Statutes.
6.3 The CONSULTANT agrees to allow full and open inspection of payroll records and
expenditures in connection with hourly rate and cost-plus fixed fee work assignments upon
request of the CITY.
7.0 PROHIBITION AGAINST CONTINGENT FEES
The CONSULTANT warrants that it has not employed or retained any company or person,
other than a bona fide employee working solely for the CONSULTANT to solicit or secure
this Agreement and that it has not paid or agreed to pay any person, company, corporation,
individual, or firm, other than a bona fide employee working for the CONSULTANT any
fee, commission, percentage, gift, or any other consideration, contingent upon or resulting
from the award or making of this Agreement.
8.0 TERMINATION FOR CAUSE
This Agreement may be terminated by either party with seven (7) days prior written notice,
in the event of substantial failure to perform in accordance with the terms hereof by the
other party through no fault of the terminating party. If this Agreement is terminated, the
CONSULTANT shall be paid in accordance with the provisions of outstanding Work
Orders for all work performed up to the date of termination.
9.0 SUSPENSION, CANCELLATION, OR ABANDONMENT
If the project described in any Work Order is suspended, canceled, or abandoned by the
CITY, without affecting any other Work Order or this Agreement, the CONSULTANT
shall be given five (5) days prior written notice of such action and shall be compensated
for professional services provided up to the date of suspension, cancellation, or
abandonment.
10.0 GOVERNING LAW, CLAIMS AND DISPUTES, AND LIMITS OF LIABILITY
(a) This Agreement shall be administered and interpreted under the laws of the State of
Florida. The exclusive venue for any proceeding or suit in law or equity arising from or
incident to this Agreement will be in Pinellas County Florida.
(b) Neither CITY nor CONSULTANT shall be liable to the other for any special,
incidental, indirect or consequential damages whatsoever arising out of or relating in any
way to this Agreement.
9
11.0 TERMINATION FOR CONVENIENCE
Either the CITY or the CONSULTANT may terminate the Agreement at any time by giving
written notice to the other of such termination and specifying the effective date of such
termination at least thirty (30) days before said termination date. If the Agreement is
terminated by the CITY as provided herein, the CONSULTANT will be paid for services
rendered through the date of termination.
12.0 PUBLIC ENTITY CRIMES
Pursuant to Florida Statute § 287.132-133, the City of Clearwater, as a public entity, may
not accept any proposal from, award any contract to, or transact any business in excess of
the threshold amount provided in § 287.017, F.S., for Category Two (currently $35,000)
with any person or affiliate on the convicted vendor list for a period of 36 months from the
date that person or affiliate was placed on the convicted vendor list unless that person of
affiliate has been removed from the list pursuant to § 287.133 (3)(f), F.S. By submitting a
proposal, CONSULTANT is certifying that Florida Statute 287.132 and 287.133 does not
restrict submission.
13.0 SCRUTINIZED COMPANIES AND BUSINESS OPERATIONS
The CONSULTANT will be required to comply with Section 287.135, Florida Statues,
specifically by executing the forms provided (attached).
14.0 RFQ #13-22, TERMS AND CONDITIONS
All terms and conditions as set forth in RFQ #13-22, Standard Terms of Conditions are
incorporated by reference and hereto attached as Exhibit C.
15.0 ORDER OF PRECEDENCE
Any inconsistency in documents relating to this Agreement shall be resolved by giving
precedence in the following order: (i) this Agreement and subsequent Amendments; (ii)
RFQ #13-22, Terms and Conditions; and (iii) Work Orders.
16.0 INSURANCE REQUIREMENTS
Insurance Requirements are set forth in Exhibit D which is incorporated by reference and
attached hereto.
17.0 TERMINATION FOR LACK OF FUNDING
The CITY’S performance and obligation to pay under this Agreement is contingent upon
an annual appropriation by the Clearwater City Council. In the event the Clearwater City
Council does not appropriate funds for CITY to perform its obligations hereunder, CITY
may terminate this Agreement upon thirty (30) days written notice to CONSULTANT.
CONSULTANT will be paid for all work performed to the date of termination.
18.0 E-VERIFY
10
CONSULTANT and its Subcontractors shall register with and use the E-Verify system to
verify the work authorization status of all newly hired employees. CONSULTANT will
not enter into a contract with any Subcontractor unless each party to the contract registers
with and uses the E-Verify system. Subcontractor must provide CONSULTANT with an
affidavit stating that Subcontractor does not employ, contract with, or subcontract with an
unauthorized alien. CONSULTANT shall maintain a copy of such affidavit.
The CITY may terminate this Agreement on the good faith belief that CONSULTANT or
its Subcontractors knowingly violated Florida Statutes 448.09(1) or 448.095(2)(c). If this
Agreement is terminated pursuant to Florida Statute 448.095(2)(c), CONSULTANT may
not be awarded a public contract for at least 1 year after the date of which this Agreement
was terminated. CONSULTANT is liable for any additional costs incurred by the CITY
as a result of the termination of this Agreement.
See Section 448.095, Florida Statutes (2020).
19.0 NOTICES
Any and all notices sent pursuant to this Agreement shall be given in writing via certified
mail or overnight courier and shall be delivered to the following addresses:
To City: Richard Gardner, PE Public Utilities Director
To: Tetra Tech:
[Remainder of Page Intentionally Left Blank]
11
IN WITNESS WHEREOF, the parties have caused this Agreement to be signed in its
corporate/legal name by its authorized representative or persons authorized to execute this
Agreement on the date and year first above written.
_______________________________________
(_______________)
CORPORATE SEAL
By: ______________________________
Print Name: ____________________
Title: __________________________
WITNESS:
By: ______________________________
Print Name: ____________________
Countersigned: CITY OF CLEARWATER
___________________________ ______________________________
Frank Hibbard Jennifer Poirrier
Mayor Interim City Manager
Approved as to form: Attest:
___________________________ ______________________________
Owen Kohler Rosemarie Call
Lead Assistant City Attorney City Clerk
Tetra Tech, Inc.
CONSULTANT
Richard A. Lemmon
Senior Vice President
Preston Hopson
[Consultant Logo]
[Consultant Name] City of Clearwater
Consultant Work Order Page 1 of 4 Revised: 10/27/2021
CONSULTANT WORK ORDER
[Supplement Number] (Identify if applicable)
Date: [m/d/yyyy]
1. PROJECT INFORMATION:
Project Title: [Project Name]
City Project Number: [City Project Number]
City Plan Set Number: [City Plan Set Number] if applicable
Consultant Project Number: [Consultant Project Number]
2. SCOPE OF SERVICES:
Provide a summary of the project and then thoroughly outline the tasks that will be
performed as part of the pre-design phase, the design phase, bidding phase, etc. Include
the following statement: “The design plans shall be compiled using the City of
Clearwater CAD standards, as attached”
I. PRE-DESIGN PHASE:
Task 1.1: Task Name & Summary
II. DESIGN PHASE (if applicable):
Task 2.1: Task Name & Summary
III. FINAL DESIGN PHASE (if applicable):
Task 3.1: Task Name & Summary
IV. BIDDING PHASE (if applicable):
Task 4.1: Task Name & Summary
V. CONSTRUCTION PHASE (if applicable):
Task 5.1: Task Name & Summary
CONSULTANT WORK ORDER
[Project Title]
[Consultant Name] [City Project Number] City of Clearwater
Consultant Work Order Page 2 of 4 Revised: 10/27/2021
3. PROJECT GOALS:
Summarize the work products (e.g. Project Catalog), that will be developed during, and
at completion of this project. Include deliverables, reports, drawings, specifications, # of
copies, the format in which plans will be provided, meetings and/or site visits, permits,
etc.
4. FEES:
Include a table or an attachment that depicts the total cost per task and/or phase for
these engineering services – see Attachment “A”
This price includes all labor and expenses anticipated to be incurred by
____________________ (insert consulting firm) for the completion of these tasks in
accordance with Professional Services Method “A” – Hourly Rate or Method “B” – Lump
Sum – Percentage of Completion by Task (choose Method “A” or “B”), for a fee not to
exceed _______________________ Dollars ($ x,xxx.xx).
Include a statement, that the permit application fees (include permit costs in the project
fees) will be paid by the consultant and invoiced to the City as a reimbursable
5. SCHEDULE:
Insert a discussion of the schedule, including milestones, and critical events
The project is to be completed in [##] months (or days) from issuance of notice-to-
proceed. The project deliverables are to be phased as follows:
30% Construction Plans: [##] calendar days
60% Construction Plans and Permit Applications: [##] calendar days
90% Construction Plans: [##] calendar days
Final Construction Documents: [##] calendar days
6. STAFF ASSIGNMENT:
Insert the firm’s and the City’s staff assignments to this project
7. CORRESPONDENCE/REPORTING PROCEDURES:
Consultant’s project correspondence shall be directed to:
Insert Consultant’s designated Project Manager with copies to Consultant’s designated
Project Director
All City project correspondence shall be directed to:
Insert City’s designated Project Manager (others to be copied as appropriate)
CONSULTANT WORK ORDER
[Project Title]
[Consultant Name] [City Project Number] City of Clearwater
Consultant Work Order Page 3 of 4 Revised: 10/27/2021
8. INVOICING/FUNDING PROCEDURES:
City Invoicing Code: _____________________________
For work performed, invoices shall be submitted monthly to:
CITY OF CLEARWATER, PUBLIC UTILITIES DEPARTMENT
ATTENTION: PU ACCOUNTING
1650 No Arcturas Ave Bldg-C
CLEARWATER, FLORIDA 33765-1945
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 ADA accessible.
CONSULTANT WORK ORDER
[Project Title]
[Consultant Name] [City Project Number] City of Clearwater
Consultant Work Order Page 4 of 4 Revised: 10/27/2021
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.
12. SPECIAL CONSIDERATIONS:
Insert a discussion of any other special considerations
13. SIGNATURES:
PREPARED BY: APPROVED BY:
[Printed Name] Richard Gardner, P.E.
[Title] Public Utilities Director
[Firm] City of Clearwater
Date Date
ATTACHMENT “A”
CONSULTANT WORK ORDER – PROJECT FEES TABLE
[Project Title]
[Consultant Name] [City Project Number] 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
1.0 Pre-Design
1.1 Project Management Plan
1.2 Progress Reports
1.3 Coordination
1.4 Meetings
Pre-Design Total:
2.0 Design
2.1 Ground Surveys
2.2 Geotechnical Services
2.3 Utility Locations by Vacuum Excavation
Design Total:
3.0 Final Design Plans and Specifications
3.1 30% Submittal
3.2 60% Submittal
3.3 90% Submittal
3.4 Final Construction Documents
Final Design Plans and Specifications Total:
4.0 Permitting Services
4.1 Permitting
Permitting Services Total:
5.0 Construction Phase Services
5.1 Preconstruction Conference
5.2 Contractors RFI’s
5.3 Shop Drawing Review
Construction Phase Services Total:
SUBTOTAL, LABOR AND SUB-CONTRACTORS:
6.0 Permit Fees
7.0 Other Direct Costs (prints, photocopies, postage, etc.)
(Not applicable to lump sum Work Orders)
GRAND TOTAL:
ATTACHMENT “B” (Include if applicable)
CONSULTANT WORK ORDER – CITY DELIVERABLES
[Project Title]
[Consultant Name] [City Project Number] 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 deviation from Clearwater CAD standards are used the Consultant
shall include all necessary information to aid in manipulating the drawings including
either PCP, CTB file or pen schedule for plotting. The drawing file shall include only
authorized fonts, shapes, line types or other attributes contained in the standard
release of Autodesk, Inc. software. All block references and references contained within
the drawing file shall be included. Please address any questions regarding format to Mr.
Tom Mahony, at (727) 562-4762 or email address Tom.Mahony@myClearwater.com.
All electronic files (including CAD and Specification files) must be delivered upon
completion of project or with 100% plan submittal to City of Clearwater.
]
EXHIBIT B
RFP #13-22
LIFT STATION PROGRAM
PROVISION OF PAYMENT
ENGINEER OF RECORD: FIRM NAME: Tetra Tech, Inc.
BASIS FOR PAYMENT
The owner shall pay ENGINEER and ENGINEER agrees to accept as full compensation for
its services (as established by Work Order) compensation as computed by one of the
following methods:
Method "A" - Hourly Rate
Compensation in the form of burdened hourly rates.
Burdened (direct+ indirect) Hourly Rate+ Subconsultant Cost+ Other Direct Costs.
Direct cost includes labor hourly rate. Indirect costs include fringe benefit rate, overhead,
operating margin and profit.
Subconsultant Costs are actual costs incurred times a factor of 1.00. Actual costs shall be
based on billing rates for required labor classifications.
Other Direct Costs are actual costs incurred for travel outside of Tampa Bay area, printing,
copying, long distance telephone calls, etc.
Method "B" - Lump Sum
Compensation in the form of "lump sum" for all work associated with a Work Order or Task
and shall be determined by mutual agreement between the ENGINEER and the City. The lump
sum amount shall be negotiated based upon the Work Order scope of services and approved
by both the City and the ENGINEER.
Hourly Rates
The estimated hourly rates below represent 2022 costs and categories. Periodic changes
are anticipated, and modifications may be made annually in writing to the City for review and
approval.
CITY OF CLEARWATER LIFT STATION PROGRAM, RFQ #13-22
03/01/23 to 03/01/29
ENGINEER OF RECORD: FIRM NAME: Tetra Tech Inc.
Job Classification Maximum Burdened Hourly Rate
Project Manager 1 $195.00
Project Manager 2 $215.00
Sr Project Manager $260.00
Engineer 1 $105.00
Engineer 2 $120.00
Engineer 3 $135.00
Project Engineer 1 $155.00
Project Engineer 2 $180.00
Sr Engineer 1 $230.00
Sr Engineer 2 $235.00
Sr Engineer 3 $260.00
Principal Engineer $275.00
Engineering Technician $75.00
Engineering Designer 1 $95.00
Engineering Designer 2 $115.00
Engineering Designer 3 $130.00
Sr Eng Designer 1 $160.00
Sr Eng Designer 2 $170.00
Sr Eng Designer 3 $190.00
Architectural Designer 1 $85.00
Architectural Designer 2 $95.00
Architectural Designer 3 $135.00
Architect 1 $140.00
Architect 2 $150.00
Job Classification Maximum Burdened Hourly Rate
Sr Architect 1 $190.00
Sr Architect 2 $210.00
Sr Architect 3 $265.00
Sys Analyst / Programmer 1 $110.00
Sys Analyst / Programmer 2 $125.00
Sr Sys Analyst / Programmer 1 $170.00
Sr Sys Analyst / Programmer 2 $270.00
Scientist 1 $80.00
Scientist 2 $100.00
Scientist 3 $125.00
Sr Scientist 1 $140.00
Sr Scientist 2 $170.00
Sr Scientist 3 $215.00
Principal Scientist $265.00
Construction Project Rep 1 $85.00
Construction Project Rep 2 $105.00
Sr Constr Project Rep 1 $145.00
Sr Constr Project Rep 2 $155.00
Construction Administrator $95.00
Sr Construction Administrator $120.00
Survey Tech 1 $70.00
Survey Tech 2 $95.00
Survey Crew Chief $110.00
Surveying Specialist $135.00
Land Surveyor $140.00
Sr Land Surveyor $160.00
CAD Technician 1 $70.00
Job Classification Maximum Burdened Hourly Rate
CAD Technician 2 $80.00
CAD Technician 3 $100.00
CAD Designer $115.00
Sr CAD Designer 1 $140.00
Sr CAD Designer 2 $155.00
CAD Director $170.00
GIS Analyst 1 $75.00
GIS Analyst 2 $105.00
Sr GIS Analyst $120.00
GIS Application Developer $135.00
Sr GIS Application Developer $175.00
Project Assistant 1 $70.00
Project Assistant 2 $80.00
Project Administrator $100.00
Sr Project Administrator $120.00
EXHIBIT C
RFP #13-22
LIFT STATION PROGRAM
STANDARD TERMS AND CONDITIONS
1
S.1 DEFINITIONS. Uses of the following terms are interchangeable as referenced: “vendor, contractor,
consultant, supplier, proposer, company, parties, persons”, “purchase order, PO, contract,
agreement”, “city, Clearwater, agency, requestor, parties”, “bid, proposal, response, quote”.
S.2 INDEPENDENT CONTRACTOR. It is expressly understood that the relationship of Contractor to
the City will be that of an independent contractor. Contractor and all persons employed by
Contractor, either directly or indirectly, are Contractor’s employees, not City employees.
Accordingly, Contractor and Contractor’s employees are not entitled to any benefits provided to
City employees including, but not limited to, health benefits, enrollment in a retirement system, paid
time off or other rights afforded City employees. Contractor employees will not be regarded as City
employees or agents for any purpose, including the payment of unemployment or workers’
compensation. If any Contractor employees or subcontractors assert a claim for wages or other
employment benefits against the City, Contractor will defend, indemnify and hold harmless the City
from all such claims.
S.3 SUBCONTRACTING. Contractor may not subcontract work under this Agreement without the
express written permission of the City. If Contractor has received authorization to subcontract work,
it is agreed that all subcontractors performing work under the Agreement must comply with its
provisions. Further, all agreements between Contractor and its subcontractors must provide that
the terms and conditions of this Agreement be incorporated therein.
S.4 ASSIGNMENT. This Agreement may not be assigned either in whole or in part without first
receiving the City’s written consent. Any attempted assignment, either in whole or in part, without
such consent will be null and void and in such event the City will have the right at its option to
terminate the Agreement. No granting of consent to any assignment will relieve Contractor from
any of its obligations and liabilities under the Agreement.
S.5 SUCCESSORS AND ASSIGNS, BINDING EFFECT. This Agreement will be binding upon and
inure to the benefit of the parties and their respective permitted successors and assigns.
S.6 NO THIRD-PARTY BENEFICIARIES. This Agreement is intended for the exclusive benefit of the
parties. Nothing set forth in this Agreement is intended to create, or will create, any benefits, rights,
or responsibilities in any third parties.
S.7 NON- EXCLUSIVITY. The City, in its sole discretion, reserves the right to request the materials or
services set forth herein from other sources when deemed necessary and appropriate. No
exclusive rights are encompassed through this Agreement.
S.8 AMENDMENTS. There will be no oral changes to this Agreement. This Agreement can only be
modified in a writing signed by both parties. No charge for extra work or material will be allowed
unless approved in writing, in advance, by the City and Contractor.
S.10 COMPLIANCE WITH APPLICABLE LAWS.
a.General. Contractor must procure all permits and licenses, and pay all charges and fees
necessary and incidental to its 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
EXHIBIT C
RFP #13-22
LIFT STATION PROGRAM
STANDARD TERMS AND CONDITIONS
2
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.
EXHIBIT C
RFP #13-22
LIFT STATION PROGRAM
STANDARD TERMS AND CONDITIONS
3
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.
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.
EXHIBIT C
RFP #13-22
LIFT STATION PROGRAM
STANDARD TERMS AND CONDITIONS
4
c. Ensure that the public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law for the duration of the
contract term and following completion of the contract if the contractor does not transfer the
records to the public agency.
d. Upon completion of the contract, transfer, at no cost, to the public agency all public records in
possession of the contractor or keep and maintain public records required by the public agency
to perform the service. If the contractor transfers all public records to the public agency upon
completion of the contract, the contractor shall destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure requirements. If the
contractor keeps and maintains public records upon completion of the contract, the contractor
shall meet all applicable requirements for retaining public records. All records stored
electronically must be provided to the public agency, upon request from the public agency’s
custodian of public records, in a format that is compatible with the information technology
systems of the public agency.
e. A request to inspect or copy public records relating to a public agency’s contract for services
must be made directly to the public agency. If the public agency does not possess the
requested records, the public agency shall immediately notify the contractor of the request and
the contractor must provide the records to the public agency or allow the records to be
inspected or copied within a reasonable time.
f. The contractor hereby acknowledges and agrees that if the contractor does not comply with
the public agency’s request for records, the public agency shall enforce the contract provisions
in accordance with the contract.
g. A contractor who fails to provide the public records to the public agency within a reasonable
time may be subject to penalties under Section 119.10, Florida Statutes.
h. If a civil action is filed against a contractor to compel production of public records relating to a
public agency’s contract for services, the court shall assess and award against the contractor
the reasonable costs of enforcement, including reasonable attorney fees, if:
1. The court determines that the contractor unlawfully refused to comply with the public
records request within a reasonable time; and
2. At least eight (8) business days before filing the action, the plaintiff provided written notice
of the public records request, including a statement that the contractor has not complied
with the request, to the public agency and to the contractor.
i. A notice complies with subparagraph (h)2. if it is sent to the public agency’s custodian of public
records and to the contractor at the contractor’s address listed on its contract with the public
agency or to the contractor’s registered agent. Such notices must be sent by common carrier
delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or
shipping paid by the sender and with evidence of delivery, which may be in an electronic format.
A contractor who complies with a public records request within eight (8) business days after the
notice is sent is not liable for the reasonable costs of enforcement.
EXHIBIT C
RFP #13-22
LIFT STATION PROGRAM
STANDARD TERMS AND CONDITIONS
5
S.14 AUDITS AND RECORDS. Contractor must preserve the records related to this Agreement for five
(5) years after completion of the Agreement. The City or its authorized agent reserves the right to
inspect any records related to the performance of work specified herein. In addition, the City may
inspect any and all payroll, billing or other relevant records kept by Contractor in relation to the
Agreement. Contractor will permit such inspections and audits during normal business hours and
upon reasonable notice by the City. The audit of records may occur at Contractor’s place of
business or at City offices, as determined by the City.
S.15 BACKGROUND CHECK. The City may conduct criminal, driver history, and all other requested
background checks of Contractor personnel who would perform services under the Agreement or
who will have access to the City’s information, data, or facilities in accordance with the City’s current
background check policies. Any officer, employee, or agent that fails the background check must
be replaced immediately for any reasonable cause not prohibited by law.
S.16 SECURITY CLEARANCE AND REMOVAL OF CONTRACTOR PERSONNEL. The City will have
final authority, based on security reasons: (i) to determine when security clearance of Contractor
personnel is required; (ii) to determine the nature of the security clearance, up to and including
fingerprinting Contractor personnel; and (iii) to determine whether or not any individual or entity
may provide services under this Agreement. If the City objects to any Contractor personnel for any
reasonable cause not prohibited by law, then Contractor will, upon notice from the City, remove
any such individual from performance of services under this Agreement.
S.17 DEFAULT.
a. A party will be in default if that party: (i) is or becomes insolvent or is a party to any voluntary
bankruptcy or receivership proceeding, makes an assignment for a creditor, or there is any
similar action that affects Contractor’s capability to perform under the Agreement; (ii) is the
subject of a petition for involuntary bankruptcy not removed within sixty (60) calendar days; (iii)
conducts business in an unethical manner or in an illegal manner; or (iv) fails to carry out any
term, promise, or condition of the Agreement.
b. Contractor will be in default of this Agreement if Contractor is debarred 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. 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 or
complete required work itself. Costs of fees and expenses incurred in obtaining substitute
EXHIBIT C
RFP #13-22
LIFT STATION PROGRAM
STANDARD TERMS AND CONDITIONS
6
services and expended in obtaining reimbursement, including, but not limited to, administrative
expenses, attorneys’ fees, and costs shall be at the cost of the Contractor.
c. The non-defaulting party will have all other rights granted under this Agreement and all rights
at law or in equity that may be available to it.
d. Neither party will be liable for incidental, special, or consequential damages.
S.19 CONTINUATION DURING DISPUTES. Contractor agrees that during any dispute between the
parties, Contractor will continue to perform its obligations until the dispute is settled, instructed to
cease performance by the City, enjoined or prohibited by judicial action, or otherwise required or
obligated to cease performance by other provisions in this Agreement.
S.20 TERMINATION FOR CONVENIENCE. The City reserves the right to terminate this Agreement in
part or in whole upon thirty (30) calendar days’ written notice.
S.21 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. Omitted
a. To the fullest extent permitted by law, Contractor agrees to indemnify and hold the City, its
officers, and employees, harmless from and against 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) 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.
EXHIBIT C
RFP #13-22
LIFT STATION PROGRAM
STANDARD TERMS AND CONDITIONS
7
c. The City assumes no liability for actions of Contractor and will not indemnify or hold Contractor
or any third party harmless for claims based on this Agreement or use of Contractor-provided
supplies or services.
S.26 WARRANTY. Contractor warrants that the services and materials will conform to the requirements
of the Agreement. Additionally, Contractor warrants that all services will be performed in a good,
workman-like and professional manner. The City’s acceptance of service or materials provided by
Contractor will not relieve Contractor from its obligations under this warranty. If any materials or
services are of a substandard or unsatisfactory manner as determined by the City, Contractor, at
no additional charge to the City, will provide materials or redo such services until in accordance
with this Agreement and to the City’s reasonable satisfaction.
Unless otherwise agreed, Contractor warrants that materials will be new, unused, of most current
manufacture and not discontinued, will be free of defects in materials and workmanship, will be
provided in accordance with manufacturer's standard warranty for at least one (1) year unless
otherwise specified, and will perform in accordance with manufacturer's published specifications.
S.27 THE CITY’S RIGHT TO RECOVER AGAINST THIRD PARTIES. Contractor will do nothing to
prejudice the City’s right to recover against third parties for any loss, destruction, or damage to City
property, and will at the City’s request and expense, furnish to the City reasonable assistance and
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.
EXHIBIT C
RFP #13-22
LIFT STATION PROGRAM
STANDARD TERMS AND CONDITIONS
8
S.35 WARRANTY OF RIGHTS. Contractor warrants it has title to, or the right to allow the City to use,
the materials and services being provided and that the City may use same without suit, trouble or
hindrance from Contractor or third parties.
S.36 PROPRIETARY RIGHTS INDEMNIFICATION. Without limiting the foregoing, Contractor will
without limitation, at its expense defend the City against all claims asserted by any person that
anything provided by Contractor infringes a patent, copyright, trade secret or other intellectual
property right and must, without limitation, pay the costs, damages and attorneys' fees awarded
against the City in any such action, or pay any settlement of such action or claim. Each party agrees
to notify the other promptly of any matters to which this provision may apply and to cooperate with
each other in connection with such defense or settlement. If a preliminary or final judgment is
obtained against the City’s use or operation of the items provided by Contractor hereunder or any
part thereof by reason of any alleged infringement, Contractor will, at its expense and without
limitation, either: (a) modify the item so that it becomes non-infringing; (b) procure for the City the
right to continue to use the item; (c) substitute for the infringing item other item(s) having at least
equivalent capability; or (d) refund to the City an amount equal to the price paid, less reasonable
usage, from the time of installation acceptance through cessation of use, which amount will be
calculated on a useful life not less than five (5) years, plus any additional costs the City may incur
to acquire substitute supplies or services.
S.37 CONTRACT ADMINISTRATION. The agreement will be administered by the Purchasing
Administrator and/or an authorized representative from the using department. All questions
regarding the agreement will be referred to the administrator for resolution. Supplements may be
written to the agreement for the addition or deletion of services. Payment will be negotiated and
determined by the contract administrator(s).
S.38 FORCE MAJEURE. Failure by either party to perform its duties and obligations will be excused by
unforeseeable circumstances beyond its reasonable control, including acts of nature, acts of the
public enemy, riots, fire, explosion, legislation, and governmental regulation. The party whose
performance is so affected will within five (5) calendar days of the unforeseeable circumstance
notify the other party of all pertinent facts and identify the force majeure event. The party whose
performance is so affected must also take all reasonable steps, promptly and diligently, to prevent
such causes if it is feasible to do so, or to minimize or eliminate the effect thereof. The delivery or
performance date will be extended for a period equal to the time lost by reason of delay, plus such
additional time as may be reasonably necessary to overcome the effect of the delay, provided
however, under no circumstances will delays caused by a force majeure extend beyond one
hundred-twenty (120) calendar days from the scheduled delivery or completion date of a task
unless agreed upon by the parties.
S.39 COOPERATIVE USE OF CONTRACT. The City has entered into various cooperative purchasing
agreements with other Florida government agencies, including the Tampa Bay Area Purchasing
Cooperative. Under a Cooperative Purchasing Agreement, any contract may be extended for use
by other municipalities, school districts and government agencies in the State of Florida with the
approval of Contractor. Any such usage by other entities must be in accordance with the statutes,
codes, ordinances, charter and/or procurement rules and regulations of the respective government
agency.
Orders placed by other agencies and payment thereof will be the sole responsibility of that agency.
The City is not responsible for any disputes arising out of transactions made by others.
S.40 FUEL CHARGES AND PRICE INCREASES. No fuel surcharges will be accepted. No price
increases will be accepted without proper request by Contractor and response by the City’s
Purchasing Division.
S.41 NOTICES. All notices to be given pursuant to this Agreement must be delivered to the parties at
their respective addresses. Notices may be (i) personally delivered; (ii) sent via certified or
registered mail, postage prepaid; (iii) sent via overnight courier; or (iv) sent via facsimile. If provided
EXHIBIT C
RFP #13-22
LIFT STATION PROGRAM
STANDARD TERMS AND CONDITIONS
9
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.
EXHIBIT D
RFP #13-22
LIFT STATION PROGRAM
INSURANCE REQUIREMENTS
INSURANCE REQUIREMENTS. The Consultant shall, at its own cost and expense, acquire
and maintain (and cause any subcontractors, representatives or agents to acquire and maintain)
during the term with the City, sufficient insurance to adequately protect the respective interest
of the parties. Coverage shall be obtained with a carrier having an AM Best Rating of A-VII or
better. In addition, the City has the right to review the Contractor’s deductible or self-insured
retention and to require that it be reduced or eliminated.
Specifically, the Contractor must carry the following minimum types and amounts of insurance
on an occurrence basis or in the case of coverage that cannot be obtained on an occurrence
basis, then coverage can be obtained on a claims-made basis with a minimum three (3) year
tail following the termination or expiration of this Agreement. Specific work may require
additional coverage on a case-by-case basis:
a.Commercial General Liability Insurance coverage, including but not limited to, premises
operations, products/completed operations, products liability, contractual liability,
advertising injury, personal injury, death, and property damage in the minimum amount of
$1,000,000 (one million dollars) per occurrence and $2,000,000 (two million dollars) general
aggregate.
b.Commercial Automobile Liability Insurance coverage for any owned, non-owned, hired or
borrowed automobile is required in the minimum amount of $1,000,000 (one million dollars)
combined single limit.
c. Unless waived by the State of Florida and proof of waiver is provided to the City, statutory
Workers’ Compensation Insurance coverage in accordance with the laws of the State of
Florida, and Employer’s Liability Insurance in the minimum amount of $1,000,000 (one
million dollars) each employee each accident, $1,000,000 (one million dollars) each
employee by disease, and $1,000,000 (one million dollars) disease policy limit. Coverage
should include Voluntary Compensation, Jones Act, and U.S. Longshoremen’s and Harbor
Worker’s Act coverage where applicable. Coverage must be applicable to employees,
contractors, subcontractors, and volunteers, if any.
d.Professional Liability Insurance coverage appropriate for the type of business engaged in by
the Contractor with limits of $1,000,000 (one million dollars) per occurrence. If a claims
made form of coverage is provided, the retroactive date of coverage shall be no later than
the inception date of claims made coverage, unless prior policy was extended indefinitely
to cover prior acts. Coverage shall be extended beyond the policy year either by a
supplemental extended reporting period (ERP) of as great a duration as available, and with
no less coverage and with reinstated aggregate limits, or by requiring that any new policy
provide a retroactive date no later than the inception date of claims made coverage.
The above insurance limits may be achieved by a combination of primary and umbrella/excess
liability policies.
OTHER INSURANCE PROVISIONS
a. Prior to the execution of this Agreement, and then annually upon the anniversary date(s) of the
insurance policy’s renewal date(s) for as long as this Agreement remains in effect, the
Contractor will furnish the City with a Certificate of Insurance(s) (using appropriate ACORD
certificate, SIGNED by the Issuer, and with applicable endorsements) evidencing all of the
coverage set forth above and naming the City as an “Additional Insured.” In addition, when
requested in writing from the City, Contractor will provide the City with certified copies of all
applicable policies. The address where such certificates and certified policies shall be sent
or delivered is as follows:
City of Clearwater
Attn: Purchasing, RFQ #13-22
P.O. Box 4748
Clearwater, FL 33758-4748
b. Contractor shall provide thirty (30) days written notice of any cancellation, non-renewal,
termination, material change or reduction in coverage.
c. Contractor’s insurance as outlined above shall be primary and non-contributory coverage for
Contractor’s negligence.
d. Contractor reserves the right to appoint legal counsel to provide for the Contractor’s defense,
for any and all claims that may arise related to Agreement, work performed under this
Agreement, or to Contractor’s design, equipment, or service. Contractor agrees that the
City shall not be liable to reimburse Contractor for any legal fees or costs as a result of
Contractor providing its defense as contemplated herein.
Limitation of Liability
In recognition of the relative risks and benefits of the project to both the Client and Consultant,
the risks have been allocated such that the Client agrees, to the fullest extent permitted by
law, to limit the liability of Consultant and its subconsultants to the Client on the project for any
and all claims, losses, costs, damages of any nature whatsoever or claims expenses from any
cause or causes, so that the total aggregate liability of Consultant and its subconsultants to all
those named shall not exceed the above insurance policy limits or the amount of Consultant’s
total fee paid by the Client for services under each Work Order, whichever is the greater. Such
claims and causes include, but are not limited to negligence, professional errors or omissions,
strict liability, breach of contract or warranty.
Procurement Division
100 S Myrtle Ave
Clearwater FL 33756-5520
PO Box 4748, 33578-4748
727-562-4630 Tel
REQUEST FOR QUALIFICATIONS
RFQ 13-22
Consulting Services – Lift Station Program
June 30, 2022
NOTICE IS HEREBY GIVEN that sealed Statements of Qualifications will be received by the City of
Clearwater (City) until 10:00 AM, Local Time, August 1, 2022, to provide Consulting Services – Lift
Station Program.
Brief Description: The City of Clearwater’s Public Utilities Department (City) is seeking an engineering
firm to provide consulting services for projects associated with its Lift Stations and associated force
mains.
Responses must be in accordance with the provisions, specifications and instructions set forth herein and
will be received by the Procurement Division until the above noted time, when they will be publicly
acknowledged and accepted.
This Request for Qualifications, any attachments and addenda are available for download at
https://www.myclearwater.com/business/rfp
Please read the entire solicitation package and submit the response in accordance with the instructions.
This document (less this invitation and the instructions) and any required documents, attachments, and
submissions will constitute the response.
General, Process, or Technical Questions concerning this solicitation should be directed, IN
WRITING, to the Procurement Manager.
This Request for Qualifications is issued by:
Lori Vogel, CPPB
Procurement Manager
lori.vogel@myclearwater.com
INSTRUCTIONS
Consulting Services – Lift Station Program 2 RFQ #13-22
i.1 VENDOR QUESTIONS: All questions regarding the contents of this solicitation, and solicitation
process (including requests for ADA accommodations), shall be directed solely to the Contact
listed on Page One (1). Questions should be submitted in writing via letter, fax or email.
Questions received less than ten (10) calendar days prior to the due date and time may be
answered at the discretion of the City.
i.2 ADDENDA/CLARIFICATIONS: Any changes to the specifications will be in the form of an
addendum. Addenda are posted on the City website no less than seven (7) days prior to the Due
Date. Vendors are cautioned to check the Purchasing Website for addenda and
clarifications prior to submitting their response. The City cannot be held responsible if a
vendor fails to receive any addenda issued. The City shall not be responsible for any oral
changes to these specifications made by any employees or officer of the City. Failure to
acknowledge receipt of an addendum may result in disqualification of a response.
i.3 DUE DATE & TIME FOR SUBMISSION AND OPENING:
Date: August 1, 2022
Time: 10:00 AM (Local Time)
The City will open all responses properly and timely submitted and will record the names and
other information specified by law and rule. All responses become the property of the City and
will not be returned except in the case of a late submission. Respondent names, as read at the
opening, will be posted on the City website. Once a notice of intent to award is posted or 30 days
from day of opening elapses, whichever occurs earlier, responses are available for inspection by
contacting the Procurement Division.
i.4 SUBMIT RESPONSES TO: It is recommended that responses are submitted electronically
through our bid’s website at https://www.myclearwater.com/business/rfp.
Respondents may mail or hand-deliver responses to the address below. E-mail or fax
submissions will not be accepted. Use label at the end of this solicitation package
City of Clearwater
Attn: Procurement Division
100 S Myrtle Ave, 3rd Fl, Clearwater FL 33756-5520
or
PO Box 4748, Clearwater FL 33758-4748
Responses will be received at this address. Respondents may mail or hand-deliver proposals; e-
mail or fax submissions will not be accepted.
No responsibility will attach to the City of Clearwater, its employees or agents for premature
opening of a response that is not properly addressed and identified.
i.5 LATE RESPONSES. The respondent assumes responsibility for having the response delivered
on time at the place specified. All responses received after the date and time specified shall not
be considered and will be returned unopened to the respondent. The respondent assumes the
risk of any delay in the mail or in handling of the mail by employees of the City of Clearwater, or
any private courier, regardless whether sent by mail or by means of personal delivery. It shall not
be sufficient to show that you mailed or commenced delivery before the due date and time. All
times are Clearwater, Florida local times. The respondent agrees to accept the time stamp in the
City’s Procurement Division as the official time.
i.6 LOBBYING; LOBBYING NO-CONTACT PERIOD; QUESTIONS REGARDING SOLICITATION.
From the time a competitive solicitation is posted until such time as the contract is awarded by the
city or the solicitation is cancelled, all bidders, offerors, respondents, including their employees,
representatives, and other individuals acting on their behalf, shall be prohibited from lobbying city
officers, city employees, and evaluation committee members.
INSTRUCTIONS
Consulting Services – Lift Station Program 3 RFQ #13-22
Violation of this section may result in rejection/disqualification from award of the contract arising
out of the competitive solicitation.
All questions regarding the competitive solicitation must be directed to the procurement manager
or designee, who will respond in writing and post such response to ensure that all respondents
receive the same information during the No-Contact Period.
The penalty for violating the No-Contact Period may include suspension or debarment
i.7 RESPONSIBILITY TO READ AND UNDERSTAND. Failure to read, examine and understand
the solicitation will not excuse any failure to comply with the requirements of the solicitation or any
resulting contract, nor shall such failure be a basis for claiming additional compensation. If a
vendor suspects an error, omission or discrepancy in this solicitation, the vendor must
immediately and in any case not later than seven (7) business days in advance of the due date
notify the contact on page One (1). The City is not responsible for and will not pay any costs
associated with the preparation and submission of the response. Respondents are cautioned to
verify their responses before submission, as amendments to or withdrawal of responses
submitted after time specified for opening of responses may not be considered. The City will not
be responsible for any respondent errors or omissions.
i.8 FORM AND CONTENT OF RESPONSES. Unless otherwise instructed or allowed, responses
shall be submitted on the forms provided. An original and the designated number of copies of
each response are required. Responses, including modifications, must be submitted in ink, typed,
or printed form and signed by an authorized representative. Please line through and initial rather
than erase changes. If the response is not properly signed or if any changes are not initialed, it
may be considered non-responsive. The City may require that an electronic copy of the response
be submitted. The response must provide all information requested and must address all points.
The City does not encourage exceptions. The City is not required to grant exceptions and
depending on the exception, the City may reject the response.
i.9 DEBARMENT DISCLOSURE. If the respondent has been debarred, suspended, or otherwise
lawfully precluded from participating in any public procurement activity, including being
disapproved as a (sub)contractor with any federal, state, or local government, or if any such
preclusion from participation from any public procurement activity is currently pending, the
respondent shall include a letter with its response identifying the name and address of the
governmental unit, the effective date of this suspension or debarment, the duration of the
suspension or debarment, and the relevant circumstances relating to the suspension or
debarment. If suspension or debarment is currently pending, a detailed description of all relevant
circumstances including the details enumerated above must be provided. A response from a
respondent who is currently debarred, suspended or otherwise lawfully prohibited from any public
procurement activity may be rejected.
i.10 RESERVATIONS. The City reserves the right to reject any or all responses or any part thereof;
to reissue the solicitation; to reject non-responsive or non-responsible responses; to reject
unbalanced responses; to reject responses where the terms and/or awards are conditioned upon
another event; to reject individual responses for failure to meet any requirement; to award by part
or portion, or total; to make multiple awards; to waive minor irregularities, defects, omissions,
technicalities or form errors in any response. The City may seek clarification of the response
from respondent at any time, and failure to respond is cause for rejection. Submission of a
response confers on respondent no right to an award or to a subsequent contract. The City is
responsible to make an award that is in the best interest of the City. All decisions on compliance,
evaluation, terms and conditions shall be made solely at the City’s discretion and made to favor
the City. No binding contract will exist between the respondent and the City until the City
executes a written contract or purchase order.
i.11 OFFICIAL SOLICITATION DOCUMENT. Changes to the solicitation document made by a
respondent may not be acknowledged or accepted by the City. Award or execution of a contract
does not constitute acceptance of a changed term, condition or specification unless specifically
INSTRUCTIONS
Consulting Services – Lift Station Program 4 RFQ #13-22
acknowledged and agreed to by the City. The copy maintained and published by the City shall be
the official solicitation document.
i.12 ETHICS. It is the intention of the City to promote courtesy, fairness, impartiality, integrity, service,
professionalism, economy, and government by law in the Procurement process. The
responsibility for implementing this policy rests with each individual who participates in the
procurement process, including respondents and contractors.
To achieve the purpose of this Article, it is essential that respondents and contractors doing
business with the City also observe the ethical standards prescribed herein. It shall be a breach
of ethical standards to:
a. Exert any effort to influence any City employee or agent to breach the standards of ethical
conduct.
b. Intentionally invoice any amount greater than provided in Contract or to invoice for Materials
or Services not provided.
c. Intentionally offer or provide sub-standard Materials or Services or to intentionally not comply
with any term, condition, specification or other requirement of a City Contract.
i.13 GIFTS. The City will accept no gifts, gratuities or advertising products from respondents or
prospective respondents and affiliates.
i.14 RIGHT TO PROTEST. Pursuant to Section 2.562(3), Clearwater Code of Ordinances, a bidder
who submitted a response to a competitive solicitation and was not selected may appeal the
decision through the bid protest procedures, a copy of which shall be available in the
Procurement Division. A protesting bidder must include a fee of one percent of the amount of the
bid or proposed contract to offset the City’s additional expenses related to the protest. This fee
shall not exceed $5,000.00 nor be less than $50.00. Full refund will be provided should the
protest be upheld. No partial refunds will be made.
ADDRESS PROTESTS TO:
City of Clearwater - Procurement Division
100 So Myrtle Ave, 3rd Fl
Clearwater FL 33756-5520
or
PO Box 4748
Clearwater FL 33758-4748
INSTRUCTIONS – EVALUATION
Consulting Services – Lift Station Program 5 RFQ #13-22
i.15 EVALUATION PROCESS. Responses will be reviewed by a screening committee comprised of
City employees and/or authorized agents. The City staff may or may not initiate discussions with
respondents for clarification purposes. Clarification is not an opportunity to change the response.
Respondents shall not initiate discussions with any City employee or official.
i.16 CRITERIA FOR EVALUATION AND AWARD. The City evaluates three (3) categories of
information: responsiveness, responsibility, and the technical response. All responses must meet
the following responsiveness and responsibility criteria.
a) Responsiveness. The City will determine whether the response complies with the
instructions for submitting responses including completeness of response which
encompasses the inclusion of all required attachments and submissions. The City must
reject any responses that are submitted late. Failure to meet other requirements may result
in rejection.
b) Responsibility. The City will determine whether the respondent is one with whom it can or
should do business. Factors that the City may evaluate to determine "responsibility" include,
but are not limited to: past performance, references (including those found outside the
response), compliance with applicable laws, respondent's record of performance and
integrity- e.g. has the respondent been delinquent or unfaithful to any contract with the City,
whether the respondent is qualified legally to contract with the City, financial stability and the
perceived ability to perform completely as specified. A respondent must at all times have
financial resources sufficient, in the opinion of the City, to ensure performance of the
contract and must provide proof upon request. City staff may also use Dun & Bradstreet
and/or any generally available industry information. The City reserves the right to inspect
and review respondent’s facilities, equipment and personnel and those of any identified
subcontractors. The City will determine whether any failure to supply information, or the
quality of the information, will result in rejection.
c) Technical Response. The City will determine how well responses meet its requirements in
terms of the response to the solicitation and how well the offer addresses the needs of the
project. The City will rank offers using a point ranking system (unless otherwise specified)
as an aid in conducting the evaluation.
The criteria that will be evaluated and their relative weights are:
Evaluation Criteria (Response Format, pgs. 11-12) Points
Qualifications (Tab 2) 25
Relevant Experience and References (Tab 3) 25
Technical Approach (Tab 4) 20
Work Plan (Tab 5) 20
Quality Management Plan (Tab 6) 10
i.17 SHORT-LISTING. The City at its sole discretion may create a short-list of the highest ranked
responses based on a preliminary evaluation against the evaluation criteria. Only those short-
listed respondents would be invited to give presentations and/or interviews. The City will finalize
ranking of the firms upon conclusion of presentations/interviews.
i.18 PRESENTATIONS/INTERVIEWS. If requested, the respondent must provide a formal
presentation and/or interview. The location for these presentations and/or interviews will be
determined by the City and may be held virtually.
i.19 CONTRACT NEGOTIATIONS AND ACCEPTANCE. Respondent must be prepared for the City
to accept the response as submitted. If respondent fails to sign all documents necessary to
successfully execute the final contract within a reasonable time as specified, or negotiations do
not result in an acceptable agreement, the City may reject response or revoke the award, and
INSTRUCTIONS – EVALUATION
Consulting Services – Lift Station Program 6 RFQ #13-22
may begin negotiations with another Respondent. Final contract terms must be approved or
signed by the appropriately authorized City official(s). No binding contract will exist between the
respondent and the City until the City executes a written contract or purchase order.
i.20 NOTICE OF INTENT TO AWARD. Notices of the City’s intent to award a Contract are posted to
Purchasing’s website. It is the respondent’s responsibility to check the City of Clearwater’s
Purchasing website at https://www.myclearwater.com/business/rfp to view the Procurement
Division’s Intent to Award postings.
i.21 RFQ TIMELINE. All dates are tentative and subject to change.
Release RFQ: 06/30/2022
Advertise Tampa Bay Times: 07/06/2022
Responses due: 08/01/2022
Review responses/presentations: 08/01/2022-08/23/2022
Award recommendation: 08/24/2022
Council authorization: 10/06/2022
Contract begins: October 2022
DETAILED SPECIFICATIONS
Consulting Services – Lift Station Program 7 RFQ #13-22
1. CITY MISSION. The City of Clearwater is dedicated to providing superior services to its
customers in order to improve the quality of life for Clearwater residents, businesses and visitors.
The City is looking for engineering firms who share that dedication.
2. BACKGROUND. The City operates approximately 80 lift stations in its wastewater collection
system and treatment plants and is looking for a consultant to provide comprehensive consulting
services associated with them. This includes condition assessment, design, and construction
services. The City would like for the awarded consultant to identify and process a backlog of lift
station projects. After initial workload is completed, the City would like approximately 8 lift stations
per year to be rehabbed, apart from associated lift station projects.
3. SCOPE OF SERVICES. The overall intent is for the selected firm to review the city’s recently
completed wastewater collection system master plan, including lift station inspection reports, and
perform supplemental inspections as necessary to assist the city in developing a plan to address
issues and implement recommendations related to its lift stations and force mains. It is important
for respondents to recognize the amount of work and to have the ability to scale up as necessary
to complete the work in a timely manner. Work that may be performed as part of this Program
includes, but not limited to:
• Lift Station & Force Main Design
• Lift Station & Force Main Improvements
• Lift Station & Force Main Rehab/Repair
• Lift Station Point Repair Contract Preparation
• Lift Station & Force Main Condition Assessment
• Lift Station & Force Main Engineering Design and Construction Standards Update
• Automatic Air Release Valve Inventory and Condition Assessment
• Lift Station & Force Main Operational Assessment and Optimization
• Site Security
• Development of a Private Lift Station & Force Main Ordinance
• Identification of all Private Lift Stations located within Clearwater Service Area
• Conceptual Design Development
• Sea Level Rise Abatement for the Lift Stations
• Technical Evaluations, Memos, and Reports Development
• Cost Estimating
• Construction Drawings, Specifications, Bid Documents
• Construction Oversight and Inspections
• As-needed Permit(s), including Building Permits
• Acquisition and Post-Design Construction Services through duration of Program
• Miscellaneous Projects for Public Utilities in support of Lift Stations & Force Main
Operations and Maintenance
• Reviewing reporting documents (i.e. Wastewater Collection System Master Plan) and
assist City in developing a prioritized work schedule for additional projects as they
develop
• Other related work as assigned
The following exhibits are part of this solicitation and to aid in preparing responses:
o Exhibit A_Standard Terms and Conditions
o Exhibit B_Sample Agreement
o Exhibit C_Forms. Scrutinized Companies, E-Verify and Truth in Negotiation forms
required per Florida Statute.
DETAILED SPECIFICATIONS
Consulting Services – Lift Station Program 8 RFQ #13-22
o Exhibit D_Lift Station Location Maps
o Exhibit E_Lift Station Design Standards
o Exhibit F_Wastewater Collection System Master Plan
4. REQUIRED QUALIFICATIONS. Respondents must demonstrate the necessary ability,
resources, and experience to perform the work in a satisfactory manner and shall have a
minimum of five (5) years’ experience in the design and assessment of municipal lift stations and
force mains. Ideally, firms will be able to demonstrate prior experience developing similar
programs for other municipalities.
5. INSURANCE REQUIREMENTS. The Consultant shall, at its own cost and expense, acquire and
maintain (and cause any subcontractors, representatives or agents to acquire and maintain)
during the term with the City, sufficient insurance to adequately protect the respective interest of
the parties. Coverage shall be obtained with a carrier having an AM Best Rating of A-VII or
better. In addition, the City has the right to review the Contractor’s deductible or self-insured
retention and to require that it be reduced or eliminated.
Specifically the Contractor must carry the following minimum types and amounts of insurance on
an occurrence basis or in the case of coverage that cannot be obtained on an occurrence basis,
then coverage can be obtained on a claims-made basis with a minimum three (3) year tail
following the termination or expiration of this Agreement. Specific work may require additional
coverage on a case by case basis:
a. Commercial General Liability Insurance coverage, including but not limited to, premises
operations, products/completed operations, products liability, contractual liability, advertising
injury, personal injury, death, and property damage in the minimum amount of $1,000,000
(one million dollars) per occurrence and $2,000,000 (two million dollars) general aggregate.
b. Commercial Automobile Liability Insurance coverage for any owned, non-owned, hired or
borrowed automobile is required in the minimum amount of $1,000,000 (one million dollars)
combined single limit.
c. Unless waived by the State of Florida and proof of waiver is provided to the City, statutory
Workers’ Compensation Insurance coverage in accordance with the laws of the State of
Florida, and Employer’s Liability Insurance in the minimum amount of $1,000,000 (one
million dollars) each employee each accident, $1,000,000 (one million dollars) each
employee by disease, and $1,000,000 (one million dollars) disease policy limit. Coverage
should include Voluntary Compensation, Jones Act, and U.S. Longshoremen’s and Harbor
Worker’s Act coverage where applicable. Coverage must be applicable to employees,
contractors, subcontractors, and volunteers, if any.
d. Professional Liability Insurance coverage appropriate for the type of business engaged in
by the Contractor with minimum limits of $1,000,000 (one million dollars) per occurrence. If a
claims made form of coverage is provided, the retroactive date of coverage shall be no later
than the inception date of claims made coverage, unless prior policy was extended
indefinitely to cover prior acts. Coverage shall be extended beyond the policy year either by
a supplemental extended reporting period (ERP) of as great a duration as available, and with
no less coverage and with reinstated aggregate limits, or by requiring that any new policy
provide a retroactive date no later than the inception date of claims made coverage.
The above insurance limits may be achieved by a combination of primary and
umbrella/excess liability policies.
OTHER INSURANCE PROVISIONS
DETAILED SPECIFICATIONS
Consulting Services – Lift Station Program 9 RFQ #13-22
a. Prior to the execution of this Agreement, and then annually upon the anniversary date(s) of
the insurance policy’s renewal date(s) for as long as this Agreement remains in effect, the
Contractor will furnish the City with a Certificate of Insurance(s) (using appropriate ACORD
certificate, SIGNED by the Issuer, and with applicable endorsements) evidencing all of the
coverage set forth above and naming the City as an “Additional Insured.” In addition when
requested in writing from the City, Contractor will provide the City with certified copies of all
applicable policies. The address where such certificates and certified policies shall be sent or
delivered is as follows:
City of Clearwater
Attn: Purchasing, RFQ #13-22
P.O. Box 4748
Clearwater, FL 33758-4748
b. Contractor shall provide thirty (30) days written notice of any cancellation, non-renewal,
termination, material change or reduction in coverage.
c. Contractor’s insurance as outlined above shall be primary and non-contributory coverage for
Contractor’s negligence.
d. Contractor reserves the right to appoint legal counsel to provide for the Contractor’s defense,
for any and all claims that may arise related to Agreement, work performed under this
Agreement, or to Contractor’s design, equipment, or service. Contractor agrees that the City
shall not be liable to reimburse Contractor for any legal fees or costs as a result of Contractor
providing its defense as contemplated herein.
The stipulated limits of coverage above shall not be construed as a limitation of any
potential liability to the City, and failure to request evidence of this insurance shall not be
construed as a waiver of Contractor’s obligation to provide the insurance coverage
specified.
MILESTONES
Consulting Services – Lift Station Program 10 RFQ #13-22
1. ANTICIPATED BEGINNING AND END DATE OF INITIAL TERM. 10/2022 through 10/2027.
If the commencement of performance is delayed because the City does not execute the contract
on the start date, the City may adjust the start date, end date and milestones to reflect the
delayed execution.
2. EXTENSION. The City reserves the right to extend the term of this contract, provided however,
that the City shall give written notice of its intentions to extend this contract no later than thirty
(30) days prior to the expiration date of the contract.
RESPONSE FORMAT
Consulting Services – Lift Station Program 11 RFQ #13-22
1. RESPONSE SUBMISSION. Hard copy documents and electronic copies are required. Electronic
copies may be submitted through our bid’s website at
https://www.myclearwater.com/business/rfp.
Mailed and/or hand-delivered responses must include one (1) signed original (identified as
ORIGINAL) response, five (5) copies of the response and one (1) copy in an electronic format, on
a disc or thumb drive, in a sealed container using the label provided at the end of this solicitation.
2. RESPONSE FORMAT - Qualifications shall be submitted in bound volumes on standard 8½" x
11" paper; a single 8½”x11” sheet printed on both sides is two (2) pages. All information
must be assembled and indexed in the order indicated below. The page count shall not exceed
twenty-four (24) total pages, this includes typed text, graphics, charts and photographs,
but does not include supporting documents for Tabs 7 and 8, the tabbed separator pages, cover
page, Table of Contents, and back page.
TAB 1 – Letter of Interest (two [2] pages). A letter of interest detailing qualifications, related
experience, ability to perform the work and to meet the above referenced selection criteria.
Name, address, contact person and phone number, shall be provided.
TAB 2 – Qualifications (eight [8] pages). Describe the firm’s background, experience, and
qualifications of key personnel proposed to work on the project. Include resumes/bios for key
team members (including subcontractors) demonstrating specific experience relevant to the
project. Include an organizational chart and an affirmative statement indicating that the firm
and all assigned key professional staff are properly licensed to practice in Florida. Any
change in key personnel after the contract award must be approved by the City.
TAB 3 – Relevant Experience and References (four [4] pages). Provide information for three
(3) projects within the last five (5) years, for which the firm has provided services closely
related to this scope of services for municipalities of similar nature, size and complexity.
a. Clearly indicate/describe each of the proposed team members’ level of involvement on
each project.
b. Include contact information for each project including name, position/title, email address,
phone number, dates work performed, and budgets.
TAB 4 – Technical Approach (four [4] pages). Describe the firm’s understanding of the
program, ability to perform condition assessments, hydraulic studies, design, procurement,
engineering oversight/support during construction, etc. Provide additional items/information
that the firm believes is relevant to this project but not explicitly included.
TAB 5 – Work Plan (four [4] pages). Provide a detailed work plan to achieve the cycle
described in the project background while addressing other projects described within the
scope of services.
TAB 6 – Quality Management Plan (two [2] pages). Provide detailed information as to the
firm’s Quality Assurance/Quality Control policy. Indicate specific steps conducted for
technical review of all types of deliverable prior to submission to a client. Identify standard
processes used and key factors that demonstrate the policy is successful and effective.
TAB 7 – Litigation. NOTE: this is not considered Confidential or Proprietary information –
any response indicating such may be deemed non-responsive to the RFQ.
a. Provide a complete listing of any convictions or fines incurred by the respondent firm or
any of its principals for violations of any state or federal law within the past three (3)
years. Identify firm’s executives who have current claims or who have participated in
litigation against the City of Clearwater while with another firm. Executives of firms
currently under litigation with the City may not be considered for this project.
RESPONSE FORMAT
Consulting Services – Lift Station Program 12 RFQ #13-22
b. Provide a complete listing of all litigation involving a construction project or contract
(excluding personal injury and workers’ compensation) whether currently pending or
concluded within the past three (3) years in which the respondent firm was a named
party.
c. Provide a complete listing of all administrative proceedings involving a construction
project or contract, whether currently pending or concluded within the past three (3)
years, in which the respondent firm was a named party. (NOTE: Administrative
Proceedings shall include: (i) any action taken or proceeding brought by a governmental
agency, department, or officer to enforce any law, regulation, code, legal, or contractual
requirement, except for those brought in state or federal courts; (ii) any action taken by a
governmental agency, department, or officer imposing penalties, fines, or other sanctions
for failure to comply with any such legal or contractual requirement, or (iii) any other
matter before an administrative body.)
d. Provide a complete listing of all arbitrations involving a construction project or contract,
whether currently pending or concluded in the past three (3) years, in which the
respondent firm was a named party.
TAB 8 - Other Forms. The following forms shall be completed and signed:
a. Exceptions, Additional Materials, Addenda form
b. Company Information form
c. Response Certification form
d. Exhibit C - Forms
e. Copy of the firm’s current Florida Department of Business and Professional Regulation’s
License and Contractor License
f. If the firm is a corporation, a copy of the current Florida Corporation Registration
g. W-9 Form. All responses should include a fully completed, most current W-9 form. Failure
to include the W-9 will not disqualify your bid. (http://www.irs.gov/pub/irs-pdf/fw9.pdf)
EXCEPTIONS/ADDITIONAL MATERIALS/ADDENDA
Consulting Services – Lift Station Program 13 RFQ #13-22
Respondents shall indicate any and all exceptions taken to the provisions or requirements in this
solicitation document. Exceptions that surface elsewhere and that do not also appear under this section
shall be considered invalid and void and of no contractual significance.
Exceptions (mark one):
**Special Note – Any material exceptions taken to the City’s Terms and Conditions may render a
Response non-responsive.
No exceptions
Exceptions taken (describe--attach additional pages if needed)
Additional Materials submitted (mark one):
No additional materials have been included with this response
Additional Materials attached (describe--attach additional pages if needed)
Addenda
Respondents are responsible for verifying receipt of any addenda issued by checking the City’s website
at https://www.myclearwater.com/business/rfp prior to the bid opening. Failure to acknowledge any
addenda issued may render a Bid Non-responsive.
Acknowledgement of Receipt of Addenda (initial for each addenda received, if applicable):
Addenda Number Initial to acknowledge receipt
Vendor Name__________________________________________________ Date__________________
COMPANY INFORMATION
Consulting Services – Lift Station Program 14 RFQ #13-22
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 response:
Name: Fax:
Phone: E-Mail Address:
Day-to-Day Project Contact (if awarded):
Name: Fax:
Phone: E-Mail Address:
Certified Small Business
Certifying Agency:
Certified Minority, Woman or Disadvantaged Business Enterprise
Certifying Agency:
Provide supporting documentation for your certification, if applicable.
RESPONSE CERTIFICATION
Consulting Services – Lift Station Program 15 RFQ #13-22
By signing and submitting this Response, the Company certifies that:
a) It is under no legal prohibition to contract with the City of Clearwater.
b) It has read, understands, and is in compliance with the specifications, terms and conditions stated herein, as well
as its attachments, and any referenced documents.
c) It has no known, undisclosed conflicts of interest.
d) No offer of gifts, payments or other consideration were made to any City employee, officer, elected official, or
consultant who has or may have had a role in the procurement process for the services and or goods/materials
covered by this contract.
e) It understands the City of Clearwater may copy all parts of this response, including without limitation any
documents and/or materials copyrighted by the respondent, for internal use in evaluating respondent’s offer, or in
response to a public records request under Florida’s public records law (F.S. 119) or other applicable law,
subpoena, or other judicial process.
f) Respondent hereby warrants to the City that the respondent and each of its subcontractors (“Subcontractors”)
will comply with, and are contractually obligated to comply with, all Federal Immigration laws and regulations that
relate to their employees.
g) Respondent certifies that they are not in violation of section 6(j) of the Federal Export Administration Act and not
debarred by any Federal or public agency.
h) It will provide the materials or services specified in compliance with all Federal, State, and Local Statutes and
Rules if awarded by the City.
i) It is current in all obligations due to the City.
j) It will accept such terms and conditions in a resulting contract if awarded by the City.
k) The signatory is an officer or duly authorized agent of the respondent with full power and authority to submit
binding offers for the services as specified herein.
ACCEPTED AND AGREED TO:
Company Name:
Signature:
Printed Name:
Title:
Date:
MAILING LABEL
CUT ALONG THE LINE AND AFFIX TO THE FRONT OF YOUR BID CONTAINER
Consulting Services – Lift Station Program 16 RFQ #13-22
--------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------
SEALED RESPONSE
Submitted by:
Company Name:
Address:
City, State, Zip:
RFQ #13-22, Consulting Services – Lift Station Projects
Due Date: August 1, 2022, at 10:00 A.M.
City of Clearwater
Attn: Procurement Division
PO Box 4748
Clearwater FL 33758-4748
--------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------
---------------------------------------------- For Hand Deliveries, FEDEX, UPS or Other Courier Services ------------------------------------------------
SEALED RESPONSE
Submitted by:
Company Name:
Address:
City, State, Zip:
RFQ #13-22, Consulting Services – Lift Station Projects
Due Date: August 1, 2022, at 10:00 A.M.
City of Clearwater
Attn: Procurement Division
100 S Myrtle Ave 3rd Fl
Clearwater FL 33756
---------------------------------------------- For Hand Deliveries, FEDEX, UPS or Other Courier Services------------------------------------------------
RANKING
JB MF RG TK AVG
4 Tetra Tech Inc 3 3 1 1 2 1
3 Hazen and Sawyer 2 2 3 3 2.5 2
5 V&A Consulting Engineers
dba Metzger + Willard Inc 4 1 4 2 2.75 3
2 CHA Consulting 1 4 5 4 3.5 4
1 AECOM 5 5 2 5 4.25 5
Respondents
City of Clearwater
13-22, Consulting Services - Lift Station Program
Evaluation Discussion Notes
LIFT STATION PROGRAM
Consulting Services
RFQ #13-22
AUGUST 1, 2022
TAB 1: Letter of Interest............................................1
TAB 2: Qualifications.........................................................3
TAB 3: Relevant Experience & References..............11
TAB 4: Technical Approach................................................15
TAB 6: Quality Management Plan..............................23
TAB 7: Litigation.............................................................25
TAB 8: Other Forms..............................................26
TABLE OFCONTENTS
TAB 5: Work Plan.....................................................................19
1
Letter of Interest
TAB
Letter of Interest I 1TETRA TECH
TAB 1LETTER OF INTEREST
Dear Selection Committee:
We understand that the City of Clearwater needs a responsive and attentive team of
professionals to deliver services in support of the Lift Station Program. Tetra Tech leads
the industry in providing consulting engineering and technical services worldwide by a
client-driven, flexible, and responsive approach. We are one of the largest engineering
firms in the nation, and currently ranked No. 1 in water supply, water treatment,
environmental management, and others by Engineering News-Record (ENR). We add this
scale of expertise to our local knowledge of the City's wastewater system to provide
services for the Lift Station Program.
We have assembled an experienced team of professionals with expertise in planning,
design, construction, and data applications to deliver the diverse services that will be
required for the Lift Station Program. Furthermore, our team has previous experience
with the City and extensive knowledge about the City’s wastewater system.
Tetra Tech is pleased to team with Wright-Pierce and Mead & Hunt on this opportunity.
Wright-Pierce will provide condition assessment and design services, and Mead & Hunt
will support with construction management services and condition assessment field
personnel. While these roles are clearly defined, our team maintains flexibility for each
member to support in any task as needed to provide prompt, quality service to the City.
Supporting the main team is ECHO UES for surveying and underground utility locations,
Ardaman & Associates for geotechnical work, and Pure Technology for technical
support of condition assessment. In addition, the Valerin Group will provide public
outreach and communication services.
As demonstrated by our proven success in serving the City, we share your commitment
of being the best possible stewards of your customers’ resources. This begins with
the commitment of a qualified and experienced team that offers exceptional project
management, technical expertise, and a unique understanding of the City’s service area,
history, and goals.
KEY ATTRIBUTES OF OUR TEAM:
Familiarity with City Staff. We have a strong relationship with the Utility
Department’s directors, project mangers, and operations and maintenance staff.
Numerous professionals on our team, including Andrew Woodcock, Stephen
Rousseau, Don McCullers, and Kris Samples have served as project managers on City
wastewater projects.
Understanding of Your Wastewater System.Our team includes professionals
with an extensive knowledge of the collection system and its history. Don McCullers
was the lead professional for the City’s first CMOM and SSES programs in the early 2000’s
and Andrew Woodcock was the project manager for the City’s most recent Wastewater
Collection System Master Plan and CMOM. Wright-Pierce is currently serving as the
City’s flow monitoring consultant for the collection system and Mead & Hunt has
worked on four recent wastewater system projects.
AUGUST 1, 2022
CONTRACTING OFFICE:
5201 W. Kennedy Boulevard
Suite 620
Tampa, FL 33609
(: 813.775.9940
PROJECT CONTACT:
Andrew Woodcock, PE
201 E. Pine Street, Suite 1000
Orlando, FL 32801
(: 407.480.3949 (d)
407. 353.3714 (m)
TETRA TECH
BY THE
NUMBERS
20+
Years of experience with the City's
Wastewater System
450+
Projects in Tampa region
24
Offices in Florida
1,000+
Professionals in Florida
21,000+
Professionals worldwide
Letter of Interest I 2
Data-Driven Project Management.
Our project approach leverages the power
of the latest data management and digital
collection tools to provide the City with
up-to-date, focused, and easy-to-understand
information on the numerous activities that
will make up the Lift Station Program. We
will use web-based dashboards to provide
at-a-glance metrics to easily determine the
Lift Station Program’s performance, with
the ability to drill down into the details
of a specific task's status and budget.
Our approach to condition assessment
also leverages the use of real-time data
collection platforms with GIS to provide
an instantaneous update of condition
assessment activities.
Capacity to Implement Multiple
Projects. With the combined resources
of Tetra Tech, Wright-Pierce, and Mead &
Hunt, we bring the ability to immediately
ramp up to speed on projects at any stage in
the development process. Together we can
draw from more than 140 professionals in
the Tampa area and over 1,000 throughout
the state. We have staffed our proposed
organization chart with personnel at every segment of the project such that ongoing City activities can be easily integrated
into the program. Our project work plan is set up to coordinate the varying activities of the Lift Station Program into a
flexible, robust delivery process that will provide consistent, seamless, and quality work to the City.
Tetra Tech’s passion for this contract is rooted in our desire to improve our communities. We believe that Tetra Tech will
continue to offer unparalleled service to the City of Clearwater for all of your project needs, and we are committed
to continuing our strong relationship built on history, trust, and professionalism. Our entire team is committed to the Lift
Station Program, and we look forward to utilizing our years of experience, local knowledge, and dedication to provide great
service to the City.
Sincerely,
TETRA TECH
Andrew Woodcock, PE Jon D. Fox, PE
Senior Project Manager Vice President
5201 W. Kennedy Boulevard, Suite 620, Tampa, FL 33609 | www.tetratech.com
SUBCONSULTANT BENEFIT TO CLEARWATER
Proposed team members have 25 years of
history working with the City of Clearwater
Current collection system flow monitoring
consultant
Proposed team members have a decade of
history working with the City of Clearwater
Experience in condition assessments and
construction engineering services
Soils and geotechnical engineering experts
5 years of experience with the City of
Clearwater on 12 successful projects
Expertise in survey and subsurface utility
engineering technology
Recognized leader in pipeline condition
assessment methodologies
Regional experience in public engagement and
outreach
2TAB
Qualifications
Qualifications I 3TETRA TECH
FIRM BACKGROUND
Tetra Tech is a full-service engineering and science firm
founded in 1966 in Pasadena, California. Since then,
we've grown into a nationally recognized provider of
services from front-end science and planning to design,
construction management, and operations, with more
than 21,000 associates in 450 offices worldwide. We help
our clients conceptualize and execute innovative solutions
to their most complex problems.
Tetra Tech has over 1,000 personnel in Florida, including
more than 140 in the Tampa area. We know the region and
have the expertise and local relationships to successfully
deliver the Lift Station Program.
PROVEN PROJECT TEAM
We have assembled a well-qualified team of professionals
with expertise in planning, programming design,
construction, and data applications to deliver the diverse
services that will be required for the Lift Station Program.
By partnering with Wright-Pierce and Mead & Hunt, we
can offer extensive experience with the City—including
great working relationships with City staff—and detailed
knowledge about the City’s wastewater system. For
example, Andrew Woodcock has delivered a Wastewater
#1 Water
#2 Sewer & Solid Waste
#1 Environmental Management
#4 Top 500 Design Firms
#8 Wastewater Treatment
Water19 Years in a Row
2022 ENR Rankings for Tetra Tech
Collection System Master Plan and CMOM, including a
Hydraulic Master Plan Model to the City, Wright-Pierce's
Don McCullers is the project manager for the Flow
Monitoring Program, and Kris Samples was the project
manager on the recent Marshal Street Influent Pump
Station Response project. Supporting the main team
is ECHO UES for surveying and underground utility
locations, Ardaman & Associates for geotechnical work,
and Pure Technology for technical support of condition
assessment. In addition, the Valerin Group will provide
public outreach and communication services.
The Tetra Tech team recognizes the amount of work required. We
have the ability and depth of resources to scale up as necessary to
complete the work in a timely manner.
21,000
resources worldwide
QUALIFICATIONS
140+resources in Tampa region
Qualifications I 4TETRA TECHMANAGEMENT Andrew Woodcock, PE
PROJECT MANAGER
Jon Fox, PE
PRINCIPAL-IN-CHARGE
John Toomey, PE
Jon Bundy, PE
Bill Young, COC, MPA1
QUALITY CONTROL
PROGRAM MANAGEMENTPlan Development /
Financial Monitoring
Tim Vanderwalker, PE
Master Plan Coordinator
Andrew Woodcock, PE
Scheduling
Brian Delaney
Procurement Assistance
Sky Powers, ENV SP
Permit Coordinator
Stephen Rousseau, PE
Utility / MOT Coordinator
Luis Nieto, PE
GIS
Alex Montalvo
Darryl Albert
Asset Management
Nick Kopczyk
Gary Seghi, RA
Cost Estimating
Jennifer Ribotti, PE
Brian Delaney
PLANNING & POLICY
Sea Level Rise
Jennifer Lenart
Site/Cybersecurity
Banks Wason, PE
Mark McKinney
Private Lift Station
Program
Eric Fey, PE
Risk Assessment
Ana Rosabal, PE
Zach Protas, EI
LEAD: Janine Alexander, PE
CONDITION ASSESSMENT
Technical Advisor
Laurie Perkins, PE1
Pratika Patil, ENV SP2
Mechanical Engineer
Kris Samples, PE, DBIA2
Electrical/I&C
Engineer
Keff Kurella, PE2
Bob Goulet1
Structural Engineer
Bill Black, PE2
Site/Drainage
Nick Charnas, PE, CFM2
Wetwell/Terminal
Manhole Inspectors
Glenn Parks2
Todd Plank2
CEI
Construction Manager
Noah Adamoski2
Contract Administration
Karen Gimbel2
Construction Inspector
Chris Roberts2
RPR
Richard Schwarz2
Richard Nation2
Funding Compliance
Regina Brinkle2
SCADA Integration
Chris Lemche2
SUPPORT SERVICES
SUE
Jerry Comellas4
Survey
Mike Patterson4
Geotechnical
Martin Millburg3
Force Main
Condition Assessment
Parvesh Dsingh, PE5
Public Outreach
Valerie Ciudad-Real6
DESIGN
Technical Advisor
Janine Alexander, PE
Pump Station Design
Jamie Ayres-Webb, PE
Brent White, PE
Hydraulic Modeling
James Brescol, PE
Kevin Roe, PE
Force Main Design
Brent White, PE
Alberto Abarca, PE
Electrical Engineer
Banks Wason, PE
Jason Seignoret
I&C Engineer
Jessica Knight, PE
Structural Engineer
Jason Burkett, PE, SE, MLSE
Technical Advisor
Bartt Booz, PE1
Pump Station Design
Robert Rosario, PE1
Eben Spalding, PE1
Hydraulic Modeling
Chris Baggett, PE1
Saheb Mansour-Rezaei,
PE, PhD1
Force Main Design
Kelly Wehner, PE, ENV
SP1
Electrical Engineer
Steve Conway, PE1
I&C Engineer
Jim Papadimitriou, PE1
Structural Engineer
Mark Cunningham, PE1
Tetra Tech and all key personnel involved in
the day-to-day execution of this project are properly licensed to practice in Florida.☑
LEAD: Matt Moshiri, PE
LEAD: Don McCullers, COA1 TETRA TECH TEAM WRIGHT-PIERCE TEAM
ORGANIZATIONAL CHART
Subconsultant Legend
1. Wright-Pierce 2. Mead & Hunt
3. Ardaman & Associates
4. Echo UES5. Pure Technologies
6. The Valerin Group
Qualifications I 5TETRA TECH
Jon Fox, PE
Mr. Fox started his career 32 years ago with Tetra Tech and now oversees the Florida
infrastructure operation. As a vice president, he has the authority to commit Tetra Tech resources
to this project. He will work closely with Mr. Woodcock to provide contract oversight to meet all
of the City's goals, and will serve as an escalation point-of-contact for quality management and
project mitigation. Mr. Fox's experience includes many aspects of environmental engineering,
including the planning, design, permitting, and construction administration of wastewater
distribution and collection systems.
PRINCIPAL-IN-CHARGE
SIMILAR EXPERIENCE
Years of Experience:32
EDUCATION:
BS, Environmental
Engineering, University of
Central Florida, 1990
LICENSES/
CERTIFICATIONS:
Professional Engineer:
Florida No. 49487
Wastewater Collection System Master Plan, City of Clearwater, FL. Principal-in-Charge.
Developed a 30-year master plan and CMOM program for the City’s collection system.
Conducted a condition assessment of all system lift stations and air release valves,
developed a risk-based prioritized CIP through 2050, constructed a hydraulic model of the
system, and developed a CMOM program for continued improvements in O&M.
Gravity Sewer Rehabilitation Program, Toho Water Authority, FL. Client Manager. Support
for $82 million WIFIA program funding for design, permitting, bidding, and construction
management, totaling over 660,000 feet of gravity pipe and 7,720 manholes.
Continuing Consulting Contract - 20+ Lift Stations, Toho Water Authority, FL. Client
Manager. Task order contract includes design, permitting, and construction management
for over 20 lift stations throughout the service area.
Andrew Woodcock, PE
Mr. Woodcock has extensive experience serving clients in the water and wastewater industry.
He has a diverse background in engineering consulting, including planning, operations and
management reviews, asset management and utility rates, and financing. His utility planning
projects include master plans and capital improvement programs for water, wastewater,
and reclaimed water municipal utilities in Florida and across the nation. He served as
project manager on the City’s Wastewater Collection System Master Plan, bringing hands-on
understanding of the Utilities’ procedures, preferences, and wastewater system to provide
personalized, efficient, and knowledgeable project management on this Lift Station Program.
PROGRAM MANAGER
SIMILAR EXPERIENCE
Years of Experience:31
EDUCATION:
MBA, Rollins College, 2001
MS, Environmental
Engineering, University of
Central Florida, 1989
BS, Environmental
Engineering, University of
Central Florida, 1988
LICENSES/
CERTIFICATIONS:
Professional Engineer:
Florida No. 47118
Wastewater Collection System Master Plan, City of Clearwater, FL. Project Manager.
Developed a 30-year master plan and CMOM program for the City’s collection system.
Conducted a condition assessment of all system lift stations and air release valves,
developed a risk-based prioritized CIP through 2050, constructed a hydraulic model of the
system, and developed a CMOM program for continued improvements in O&M.
Comprehensive Wastewater Master Plan, Phase I, Collection and Transmission System,
City of Orlando, FL. Project Manager. Focused on assessing and consolidating numerous
engineering studies into a prioritized CIP as well as developing a hydraulic model as a tool
for system planning for Orlando’s wastewater collection system consisting of 648 miles of
gravity main, 178 miles of force main, and 224 lift stations.
Gravity Sewer Rehabilitation Program, Toho Water Authority, FL. Funding Advisor.
Support for $82 million WIFIA program funding for design, permitting, bidding, and
construction management, totaling over 660,000 feet of gravity pipe and 7,720 manholes.
Qualifications I 6TETRA TECH
Jon Bundy, PE
Mr. Bundy has over 21 years of extensive experience in the analysis, design, permitting, and
construction of water and wastewater systems, including pump stations and distribution
systems. He also has experience developing utility master plans and hydraulic modeling of
potable water, reclaimed water, and manifolded wastewater pumping systems. Mr. Bundy’s
experience also includes construction administration, shop drawing review, and construction
inspections. He is uniquely familiar with the City of Clearwater's standards and expectations
through his experience working on the Groundwater Replenishment Program and will bring this
experience to his role in Quality Control.
QUALITY CONTROL
SIMILAR EXPERIENCE
Years of Experience:21
EDUCATION:
MS, Environmental
Engineering Georgia Institute
of Technology, 2001
BS, Environmental
Engineering, University of
Central Florida, Summa Cum
Laude, 1999
LICENSES/
CERTIFICATIONS:
Professional Engineer:
Florida No. 62561
Lift Station Nos. 60 and 97 Improvements, Toho Water Authority, FL. Project Manager.
Final design and permitting of improvements to lift stations, including new submersible
pumps, new discharge piping, wet well rehabilitation, new controls, electrical
improvements, and odor control. Improvements included a new magnetic flow meter for
discharge metering and an increase in capacity from 2,100 to 3,250 gpm.
Groundwater Replenishment Design, City of Clearwater, FL. Project Engineer. Design of a
groundwater replenishment water purification plant using highly purified reclaimed water
as a source for aquifer recharge.
Poinciana WWTP No. 5 Reuse Pumps, Toho Water Authority, FL. Project Manager.
Evaluation and design of improvements to reuse pumps. Project included hydraulic
modeling of the reuse system to determine design criteria for new reuse pumps that allow
effluent to be pumped into the reuse system, and design of pump station upgrades.
John Toomey, PE
Mr. Toomey has 43 years of responsible engineering experience in planning, design, and
construction administration of various wastewater projects. He currently serves as the technical
lead of wastewater infrastructure projects and provides technical oversight on Tetra Tech’s
most critical projects. He has designed over 50 lift stations throughout his career, providing
extensive knowledge and expertise to the City of Clearwater's program. He will utilize his design,
construction, and operations experience in his Quality Control role, and will provide robust review
and identification of risk during all design milestone reviews.
Quality Control
SIMILAR EXPERIENCE
Years of Experience:43
EDUCATION:
BS, Environmental
Engineering, University of
Central Florida, 1987
LICENSES/
CERTIFICATIONS:
Professional Engineer:
Florida No. 40264
Miscellaneous Lift Station Improvements, City of Orlando, FL. Project Manager.
Continuing professional engineering services to the City since 2000. Projects include
numerous lift station refurbishments, including the conversion and rehabilitation of two
duplex lift stations from dry pit to wet pit, assistance developing City-standard electrical/
instrumentation CADD details, site improvements at 10 lift stations;,and standby power
improvements for a master lift station.
Pump Station Replacement/Rehabilitation Program, Orange County Utilities, FL. Program
Manager. Oversaw replacement program addressing over 600 pump stations. Developed
an aggressive wastewater replacement/rehabilitation program to prioritize and rank pump
stations. Performed preliminary engineering to clearly define scopes and resolve issues that
have historically delayed projects in final design. Project tasks included site inspections,
condition assessments, improvements prioritization, pump station elimination studies,
alternatives analysis, and preliminary design.
Qualifications I 7TETRA TECH
Bill Young, COC, MPA
As the former Utilities Director for St. Johns County for 23 years, Bill brings a unique skillset to our
team. During his tenure as Utility Director, he developed and funded a pump station renewal and
replacement program. As Quality Control staff for this project, Bill will identify issues before they
become critical so our team can successfully address them and deliver seamless service. The
utility systems Bill managed included 18 water and wastewater treatment plants, over 400 lift
stations, 894 miles of potable water mains, and 731 miles of sewer mains.
QUALITY CONTROL
SIMILAR EXPERIENCEYears of Experience:37
EDUCATION:
MPA, University of North
Florida
LICENSES/
CERTIFICATIONS:
Class C Drinking Water
Operator: Florida No. 5835
Director of Utilities, St. Johns County, FL. Managed operations of wastewater, water, and
reclaimed water utilities, including budget, maintenance, special projects, and acquisitions
for over 125,000 customers. Oversaw annual operating budget of $35 million and annual
CIP budget of $50 million. Grew the system in utility assets from $458 million in 2008 to
$689 million in 2020. Implemented CityWorks asset management and built successful
renewal and replacement programs for lift stations, manholes, and pipes.
Service Area Lift Station Upgrades, St. Johns County, FL. As Director of Utilities, oversaw
ongoing upgrades to over 400 lift stations. Included general renewal and replacement due
to stations’ ages and upgrades to promote system sustainability.
Operation Efficiency Analysis, Tarpon Springs, FL. Investigating and providing
recommendations to improve the efficiency of daily operations of the City’s collection,
distribution, and treatment systems for its utilities.
Don McCullers, PE
As the project manager who assisted the City with implementing its 2002 Pump Station Program
and the current PM on the City’s Long-Term Flow Monitoring Program, Don brings a unique
understanding of your utility infrastructure. His experiences will allow our team to be more
efficient in assessing and implementing your program. Don’s previous work as a utility director in
the Tampa Bay area affords him an understanding of big picture program needs.
CONDITION ASSESSMENT LEAD
SIMILAR EXPERIENCEYears of Experience:42
EDUCATION:
Management and career-
related coursework
LICENSES/
CERTIFICATIONS:
Class A Wastewater
Treatment Plant Operator:
No. 3804
Annual Infrastructure Report Update FY 2001, Clearwater, FL. Inventoried and examined
the condition of the infrastructure systems for potable water, sanitary sewer, storm sewer,
reclaimed water, transportation, parks, and recreation.
Pump Stations Condition Assessment, Pinellas County, FL. Condition assessment for the
replacement or rehabilitation of Pump Stations 1, 2, 3, 82, 87, and 88. The team evaluated
existing condition and O&M requirements.
Treasure Island and St. Pete Beach Force Main Condition Assessment, Treasure Island,
FL. Project Manager for evaluation of the master pump station ductile iron force mains.
Phase I included identification of the three subaqueous sections of the pipelines. Phase II
included an Inline Acoustic Condition Assessment, primarily to detect and locate leaks and
gas pockets in the force mains.
Qualifications I 8TETRA TECH
Matt Moshiri, PE
With over 23 years of experience, Mr. Moshiri has managed all sizes of construction projects,
ranging from thousands to multi-million-dollar projects. His in-depth expertise includes all
aspects of construction, from award to final audits of federally funded sites. His versatility and
general knowledge of construction allows him to line up talent with specific types of work to
assure success for every project. Mr. Moshiri currently manages the CEI programs in Florida,
Michigan, and Oklahoma and has extensive experience managing teams consisting of senior
project managers, project engineers and designers, contract administrators, inspectors, auditors,
and outsource survey and material testing firms.
CEI LEAD
SIMILAR EXPERIENCE
Years of Experience:23
EDUCATION:
MS, Civil Engineering,
Emphasis on Construction,
Oklahoma State University,
2004
BS, Civil Engineering,
Oklahoma State University,
1998
LICENSES/
CERTIFICATIONS:
Professional Engineer:
Florida No. 74906
US-41 Median Improvements, Village of Estero/FDOT, FL. CEI Manager. US-41 median and
turn lane improvements and traffic control during construction. Inspection of two years of
maintenance by prime contractor.
Sidewalk Improvements, City of Fort Myers/FDOT, FL. CEI Manager. Subcontractor teamed
with Jacobs for several FDOT District 1 contracts for sidewalk improvements, which also
included pedestrian safety improvements and lighting.
Wastewater Treatment Plant Improvements, City of Glenpool, OK. Construction Manager.
Provided design and construction services for water, wastewater, transportation, and water
tank coating upgrades, including converting the wastewater facility to a totally automated
system. Responsibilities included new equipment and technical specifications of all
chemicals, new system to measure treatment at the outfall, new road and facility grounds,
and stormwater design. Maintained treatment operations throughout construction.
Janine Alexander, PE
Ms. Alexander is a senior project manager with over 26 years of experience in utility engineering.
She has designed, permitted, constructed, or been a senior technical advisor for over 180 miles
of water mains, reclaimed water main, and gravity sewer piping. Ms. Alexander has significant
trenchless technology experience, including large diameter high-risk directional drills and jack
and bores under railways (Sunrail/FEC), Disney’s Monorail, Disney’s Water Bridge, subaqueous
crossings, and major roadway crossings (FDOT, Central FL Expressway). As the Lift Station
Program design lead, she will bring her extensive experience from the Toho Water Authority
Gravity Sewer Rehabilitation Program to the team.
DESIGN LEAD
SIMILAR EXPERIENCE
Years of Experience:26
EDUCATION:
BS, Environmental
Engineering, University of
Central Florida, 1996
LICENSES/
CERTIFICATIONS:
Professional Engineer:
Florida No. 59244
Gravity Sewer Rehabilitation Program, Toho Water Authority, FL. Project Manager.
Support for $82 million WIFIA program funding for design, permitting, bidding, and
construction management, totaling over 660,000 feet of gravity pipe and 7,720 manholes.
Pump Station Upgrades, City of Fort Lauderdale, FL. Project Manager. Through a
continuing consulting contract, provided design for the City's triplex Pump Station 7A
Upgrade, pump stations D10 and D11 flow analysis and redesign, and East Las Olas
Boulevard 12-inch force main replacement.
Royal Poinciana Sewer Expansion, City of Hollywood, FL. Project Manager. Three
preliminary sanitary sewer system design layouts to add a new lift station, evaluate the E-22
lift station at the current location, and provide a split-flow plan. Project consists of 23,819
feet of new gravity sewer piping.
Qualifications I 9TETRA TECH
Kris Samples, PE, DBIA
Mr. Samples has been responsible for the execution of wastewater engineering projects for
the past 12 years. He specializes in repair and replacement projects, pump station design,
permitting, and construction oversight, and has overseen pump station designs with capacities
up to 78 MGD. He has worked throughout the City of Clearwater's collection system, serving as
lead engineer on the City's inflow & infiltration projects and performing condition assessment
and improvements for the Marshall Street Influent Pump Station. He has also led pump station
condition assessment and improvement projects throughout west Florida for the Cities of Largo,
Dunedin, and St. Petersburg, and Hernando County.
MECHANICAL ENGINEER
SIMILAR EXPERIENCE
Years of Experience:12
EDUCATION:
BS, Environmental
Engineering, University of
Central Florida, 2010
BS, Civil Engineering,
University of Central Florida,
2008
LICENSES/
CERTIFICATIONS:
Professional Engineer:
Florida No. 78645
NASSCO MACP, LACP, PACP
Designated Design-Build
Professional
Marshall Street Influent Pump Station Emergency Response, City of Clearwater, FL.
Designer of Record. This project included emergency response at the influent pump station,
requiring 25 MGD of emergency bypass pumping, condition assessment of the existing
pump station, and improvements to increase capacity to 30 MGD.
Sanitary Sewer Lift Station Floodplain Mitigation, City of Largo, FL. Project Manager.
Provided inspection, condition assessment, design, and construction of flood protection
measures at four lift stations located within areas susceptible to flooding. Relocated two
pump stations and repaired/hardened the remaining two pump stations.
Lift Station (LS) 32 and LS 20 Relocation, City of Dunedin, FL. Provided condition
assessment and design services to replace duplex LS #20 and triplex LS #32. Lift stations
were evaluated to increase flow capacities to 1,500 and 600 gpm, respectively. Evaluated
relocation and rehabilitation alternatives for cost and constructibility.
Chris Baggett
Mr. Baggett brings unparalleled experience in hydraulic modeling to our team and has
developed more than 250 hydraulic models and over 30 master plans. He has worked on
numerous City facilities, including your pump stations. Chris’s hydraulic modeling experience
includes County-wide modeling efforts for Pinellas County. This expertise will enable our team to
quickly assess the hydraulic needs for both existing and future flow conditions, ensuring our team
properly sizes upgrades, and maximizing the money the City invests in this program.
HYDRAULIC MODELING
SIMILAR EXPERIENCE
Years of Experience:26
EDUCATION:
BS, Civil Engineering,
University of Florida, 1995
LICENSES/
CERTIFICATIONS:
Professional Engineer:
Florida No. 56047
Conserv II Sub Area 1 and 2 Hydraulic Modeling, Orlando, FL. Developed hydraulic model
to represent existing condition of system using GIS data and expanded the model to include
the future pump stations and transmission system upgrade.
Wastewater Model Calibration and Master Plans Update, Apopka, FL. Technical Advisor
and QC Engineer. Responsible for the update of the City’s wastewater master plan. Included
calibrating the model to the measured flow at headworks and lift stations.
Wastewater Treatment Feasibility Analysis, Citrus County, FL. Project Manager.
Responsible for the county-wide plan to reduce nitrogen loading to natural springs through
the elimination or upgrade of more than 42,000 septic systems. Developed a county-wide
wastewater system hydraulic model for use in assessing needed infrastructure.
Qualifications I 10TETRA TECH
NAME & ROLE YEARS
OF EXP.EDUCATION LICENSES/
CERTIFICATIONS CAPABILITIES & RELEVANT EXPERIENCE
Tim Vanderwalker, PE
Plan Development/
Financial Monitoring 16 MBA,
BS
PE, FL
No. 74415 Monitoring lead for the Toho Gravity Sewer Program
Brian Delaney
Scheduling 29 BA
USACE
Construction
Quality; OSHA
Project Controls Engineer for several large-scale, multi-
phase projects
Sky Powers, ENV SP
Procurement Assistance 3 MS,
BS
ENV SP,
No. 24662
Front-end specifications, bidding documents, addenda,
and contracts for water/wastewater projects
Stephen Rousseau, PE
Permit Coordinator 6 BS PE, FL
No. 92479
Experience in FDEP, FDOT, and WMD permitting
applications and RAI responses
Luis Nieto, PE
Utility / MOT Coordinator 14 MS,
BS
PE, FL
No. 77621
FDOT MOT
FDOT MOT Certified
Roadway design and traffic control plans
Alex Montalvo
GIS 26 AA MACP, PACP,
LACP Certified
Knowledge of City GIS database policies and procedures
Lead GIS coordinator for the Toho Gravity Sewer
Program
Darryl Albert
GIS 16 BS
GIS data analyst in geospatial applications
Database administrator maintaining best management
practices
Nick Kopczyk
Asset Management 16 BS
MACP, PACP,
LACP Certified
GISP No. 67956
Condition assessment integration in asset management
applications
Implementation/Updates to asset management apps
Gary Seghi, RA
Asset Management 50 BS,
AS RA, MI No. 27081 GIS data applications and integration with work order
systems
Laurie Perkins
Condition Assessment
Technical Advisor
(Wright-Pierce)
25 BS PE, FL
No. 83700
Infrastructure Assessment Group Leader
NASSCO Board of Directors
Led team in over 1 million feet of pipeline assessment
and rehab over two years
Pratika Patil
Condition Assessment
Technical Advisor
(Mead & Hunt)
8 MS
BS
MACP, PACP,
LACP Certified
ENV SP
Direct experience performing inspection, condition
assessment, flow monitoring, and mapping within the
City's wastewater collection system
Field crew management on projects > $2 million
Bartt Booz
Design Technical Advisor
(Wright-Pierce)27 BS PE, FL
No. 76338
50+ lift stations designed
100,490 feet of pipeline designed
50 gpm to 65 MGD size range of pump stations designed
Noah Adamoski
Construction Manager
(Mead & Hunt)24 Related
studies
FDOT, FDEP, ACI,
IMSA, ICC
24 years of construction and inspection experience,
including for pump station and collection
Manages CEI staff, providing oversight and construction
management
3
Relevant Experience
and References
TAB
Relevant Experience and References I 11TETRA TECH
Since the 1960s, Tetra Tech has provided clients with
innovative answers to complex wastewater issues. During
the last 10 years, Tetra Tech has landed firmly in the top tier
of wastewater designers in the region, with involvement in
the design or construction of over 100 miles of force main
and more than 300 lift stations with capacities ranging from
150 to 38,000 gpm, with varying configurations, pumps, and
control technologies.
Additionally, we are accustomed to working as an extension
of our client's staff, leading the execution of multi-year
programs. We understand the unique nature of long-term
contracts and the necessity to provide timely responses
while maintaining tight schedules and strict budgets.
Though Tetra Tech’s experience is impressive, our entire
team comes with a long list of experience with the City
of Clearwater and similar projects, proving we have the
knowledge and experience to meet your needs.
TRUSTED PARTNERS
Our team has a thorough understanding of the City’s
wastewater system, as well as City preferences and
expectations for this program. Additionally, we have
strong working relationships with City project managers
and field staff, working together to achieve some long-
sought-after wastewater capital improvements. We are
trusted partners to the City through our in-depth past
experience, including:
Tetra Tech: Wastewater Collection System Master Plan
and Groundwater Replenishment Program
Wright-Pierce: Collection System Flow Monitoring
Program
Mead & Hunt: Del Oro Park Improvements, Inflow &
Infiltration Reduction Program, Manhole Inspection
Program, and Permanent Flow Monitoring Program
PROVEN RESULTS
Through efficient management and effective leadership, our professionals
have worked as an extension of our client’s staff providing similar lift station
improvement program projects throughout Florida. Many of these are repeat
clients, a testament to our responsive service delivering on-time and within
budget. Our in-depth expertise includes program management, project
management, condition assessments, design, construction management and
inspection, and other related work. Our lift station clients include:
City of Clearwater: 73 assessments
Orange County Utilities: 100+ assessments; 20+ designs
City of Orlando: 40 assessments; 10 designs
Toho Water Authority: 20 designs
Collier County: 20 designs; 10 emergency power generators
Sarasota County: 79 designs (Wright-Pierce)
Gainesville Regional Utilities: 172 assessments (Wright-Pierce)
RELEVANT EXPERIENCE AND REFERENCES
Members of our team have worked with the City of Clearwater since 2000.
Collectively, we've completed the Groundwater Replenishment Project and
Wastewater Collection System Master Plan, and delivered numerous smaller
projects for the water, wastewater, and reclaimed water system.
Relevant Experience and References I 12TETRA TECH
PROJECT #1
TOHO WATER AUTHORITY
GRAVITY SEWER
PROGRAM -
REHABILITATION AND
REPLACEMENT
Toho Water Authority (TWA) was not
able to keep up with maintenance costs
related to operating their wastewater
collection system. Emergency calls and
repairs were consuming most of the annual
maintenance budget, leaving limited funds
for preventative system maintenance.
Since 2016, Tetra Tech has been providing
program management, design, and
construction administration services as
part of the gravity sewer rehabilitation and
replacement program. We automated a GIS
process to assess, prioritize, budget, and
plan future projects from obtained CCTV
data and maintenance work orders. This has
allowed TWA to select projects and reduce
consultant fees more objectively.
Initially, TWA maintenance crews targeted
several areas of their system, with an
aggressive inspection program including
sewers and manholes in these areas.
Their crews had amassed over 660,000
feet of sewer inspections and several
thousand manhole inspections before
contracting with Tetra Tech to evaluate,
make recommendations, and complete a
preliminary design report for repairs.
In order to take advantage of available loan
funding, TWA had to have construction
contracts executed by 2017, leaving
little time to complete the evaluations,
recommendations, and prioritization of
projects. Tetra Tech developed a method
for compiling the PACP and MACP database
information and displaying the defect
spatially using TWA’s sewer collection
system GIS maps. To meet tight time
constraints for review of the inspections,
Tetra Tech had several NASSCO-certified
engineers simultaneously working on the
project using a web-based version of the GIS
mapping. The map was set up to symbolize
different potential recommendations,
including replace, point repair, and cured-
in-place pipe lining. A senior engineer
would QA/QC the work and accept the
recommendations.
Recommendations were summarized in the
Preliminary Design Report and the work
was separated into several construction
packages. A common problem in the system
was settlement of pipelines due to high
groundwater conditions, which led to many
sewers in need of structural rehabilitation
that had settled to the point where
trenchless repairs were no longer feasible.
The settled and offset piping was also the
defect leading to pipeline failures, backups,
and prolonged bypass pumping while
repairs were made. The team compiled
two construction packages, one consisting
of cured-in-place pipe lining only of sewer
mains, manholes, and laterals, and another
to perform manhole replacements and
sewer and lateral point repairs. Many of the
point repairs were necessary to complete
the lining, so the individual projects were
coordinated to run simultaneously and
when open cut repair work had been
completed, the remainder of the trenchless
repairs would then be executed.
A third contract includes full sewer reach
replacements in difficult locations, requiring
further investigation and business case
evaluation prior to proceeding with a
solution to support decision making. Work
on reviewing these areas continues as
we review each individual area with TWA
and bid individually through their annual
as-needed open cut sewer repair contract.
Gravity main inspections are continually
ongoing and as issues are discovered, the
process is repeated.
ALIGNMENT WITH THIS
PROJECT'S SCOPE OF
SERVICES:
Multi-year program
Program management,
survey, design,
660,000 feet of sewer
inspections
10+ miles of sewer
rehabilitation
GIS automation of rehab
plans and budgeting
Permitting, bidding,
construction
management, and
funding compliance
DATES WORK
PERFORMED
2016 - Ongoing
BUDGET
$1,251,392 (fee)
KEY TEAM MEMBERS
& ROLES
Janine Alexander, PE
Project Manager
Tim Vanderwalker, PE
Program Monitoring &
Controls
Alex Montalvo
GIS & Asset Management
Coordinator
Andrew Woodcock, PE
Funding Advisor
REFERENCE
Tim Noyes
Asset Management
Toho Water Authority
(: 407.944.5040
*: tnoyes@tohowater.com
Relevant Experience and References I 13TETRA TECH
PROJECT #2
CITY OF ORLANDO
COMPREHENSIVE
WASTEWATER MASTER PLAN,
PHASE I, COLLECTION AND
TRANSMISSION SYSTEM
Tetra Tech and Wright-Pierce are
providing engineering services for
Orlando’s wastewater collection system.
Historically the City’s wastewater system
planning efforts have focused on specific
geographic sub regions of the service area,
addressing observed requirements in
response to development, replacement,
and regulatory needs. This Comprehensive
Wastewater Master Plan will address the
entire water reclamation system in a single
planning effort to identify system needs
and projects for a planning horizon through
2045. Phase I of the Master Plan covers the
wastewater collection system, specifically
the gravity mains, manholes, force mains,
and lift stations that collect and transfer
the wastewater generated by the customer
base to the WRFs. Phase II of the Master Plan
covers the three WRFs and their means of
effluent disposal exclusive of the reclaimed
water system. The City's wastewater system
consists of 648 miles of gravity main, 178
miles of force main, and 224 lift stations.
Major activities of the master plan include
constructing, calibrating, and running the
City’s first-ever comprehensive hydraulic
model of the system. Tetra Tech will train
City staff on the use of the model so that
it becomes a continuing tool for planning
efforts. The team developed a condition
assessment and business risk analysis for
the system assets to identify critical assets
and prioritize improvements to the system.
This included a number of workshops to
identify condition and criticality criteria for
each major asset class supported by a mix
of field investigations, in-house condition
data analysis, and geospatial analysis.
The resulting Capital Improvement Plan
(CIP) will include an analysis of project
alternatives that will be aimed to reduce the
risk on the system through economically
feasible resiliency and redundancy
improvements.
Phase 1 covers the collection system and is
intended to layout a series of actions and
capital projects to accommodate growth
and system upgrades as well as renewals
and replacements of existing assets as they
reach the end of their useful life.
The following elements comprise the major
components of the Master Plan:
Characterize the wastewater service
area and current levels of service
Develop wastewater flow projections
through 2045
Catalog the water reclamation assets by
risk using condition and criticality
Develop a new hydraulic model
calibrated to recent flow data
Identify future conditions,
including areas of new growth and
redevelopment within the service area
for a 20-year planning horizon
Develop a CIP identifying projects over
the planning period
Recommend actions and programs,
outside of the capital program, to
meet the requirements of the water
reclamation system
ALIGNMENT WITH THIS
PROJECT'S SCOPE OF
SERVICES:
Condition assessment
of lift stations and force
mains
Asset risk evaluation
Project bundling and
prioritization
DATES WORK
PERFORMED
2021 - Ongoing
BUDGET
$1,268,140 (fee)
KEY TEAM MEMBERS
& ROLES
Andrew Woodcock, PE
Project Manager
Alex Montalvo
GIS & Asset Management
Coordinator
Jennifer Ribotti, PE
Project Engineer
Bartt Booz, PE
(Wright-Pierce)
Project Engineer
REFERENCE
Kristi Fries
Project Manager
City of Orlando
(: 407.246.3353
*: kristina.fries@
cityoforlando.net
Relevant Experience and References I 14TETRA TECH
PROJECT #3
JEA Project Engineering & Construction
EAST GRID PUMP
STATION UPGRADE
PROGRAM
JEA selected Wright-Pierce as part of
a multi-year wastewater pump station
upgrade program to provide design,
permitting, and construction administration
services for the upgrade of wastewater
pump stations and force mains over the
course of six years.
Services include program management,
pump station condition assessments,
permitting, design, and construction
engineering and inspection (CEI)
activities, including electrical upgrades,
instrumentation and monitoring, force
main and condition assessment and design
(including horizontal directional drilling
beneath I-95), and permitting.
Bayleaf Drive Pump Station and
Force Main. Upgrades to existing pump
station with a new triplex submersible
pump station with rated capacity of
1,550 gpm and 3,300 feet of new 12-inch
PVC force main.
Townsend Boulevard Pump Station.
Upgrades to the existing pump station
with a new triplex submersible pump
station with a rate capacity of 1,000 gpm
and 1,600 feet of new 12-inch diameter
PVC.
Pompano Drive Pump Station.
Upgrades to the existing pump station
with a new triplex submersible PS with
a rated capacity of 1,050 gpm.
Merrill Road Pump Station. Upgrades
to the existing pump station with a new
duplex submersible pump station that
has a rated capacity of 1,000 gpm.
Princeton Square Boulevard Pump
Station & Force Main. Upgrades to
the existing pump station with a new
triplex submersible station that has a
rated capacity of 1,780 gpm. Installation
of 5,600 feet of new 12-inch PVC force
main and rehabilitation of 1,800 feet of
10-inch gravity pipe.
As part of Wright-Pierce’s program
management, hydraulic modeling, and GIS
data review and analysis tasks, the team
identified a wastewater force main that
JEA’s staff generally did not know existed.
With this new force main identified, Wright-
Pierce eliminated a new force main project
planned as part of this program, saving
JEA hundreds of thousands of dollars in
construction costs while reducing our
engineering fee.
ALIGNMENT WITH THIS
PROJECT'S SCOPE OF
SERVICES:
Pump station upgrade
program (five pump
station replacements)
Force main design
Study, permitting,
design, and CEI activities
Electrical upgrades
Instrumentation and
monitoring
Permitting (FDEP, ERP,
building)
DATES WORK
PERFORMED
2019 - Ongoing
BUDGET
$2,381,519 (fee)
KEY TEAM MEMBERS
& ROLES
Bartt Booz, PE
QA/QC
Mark Cunningham, PE
Structural Engineer
Jim Papadimitriou, PE
I&C Engineer
Eben Spalding, PE
Design Engineer
REFERENCE
Carter Belvin, PE
Project Manager
JEA Project Engineering
and Construction
(: 781.857.9109
*: belvch@jea.com
4
Technical Approach
TAB
Approach I 15TETRA TECH
PROGRAM UNDERSTANDING
The City of Clearwater’s wastewater transmission system
includes approximately 80 lift stations, 32 air release
valves, and 202,500 feet of force mains ranging in size
from 2 to 30 inches in diameter. The City is looking for a
consultant to provide comprehensive consulting services
for this component of the wastewater system to identify
projects, design them, and provide construction services.
This includes condition assessments to identify a backlog
of projects and establish a program for the continual
rehabilitation of the lift stations. Tetra Tech's experience
in developing the Wastewater Collection System
Master Plan, along with the capabilities of our teaming
partners, provides the City with the most comprehensive
and well-versed team to deliver this program.
We propose to provide comprehensive services for the
transmission system starting with verifying the current
asset inventory, to prioritizing and identifying projects,
through design and construction, and ending with
updating the asset inventory with the newly constructed
assets. For the first phases, we expect to identify several
projects to improve the overall system condition, decrease
deferred maintenance, and reduce risk.
With Wright-Pierce and Mead & Hunt, our project
team is well-staffed to immediately engage in condition
assessment and design activities. As these projects are
implemented and completed, future phases will settle
into a consistent, sustained level of projects to maintain
acceptable levels of condition and risk.
DATA MANAGEMENT AND ANALYTICS
Proper data management from the program’s inception
is a key factor in attaining a successful result. Tetra Tech
will develop a data management plan to guide how data
is stored and used through the course of the assignment.
Through previous work, Tetra Tech is familiar with the
City's major databases, including GIS and OWAM. We will
also identify other sources of key information. We intend
to leverage the City's data sources with the collection
system hydraulic model to determine new ways to
visualize risk and develop corrective actions to improve
levels of service. One such example is the pump station
analysis Tetra Tech performed for Orange County Utilities.
ASSESSING HIGH RISK LIFT STATIONS THROUGH GIS AND HYDRAULIC MODELING
Tetra Tech worked with Orange
County Utilities to identify and
recommend back-up power
at high risk lift stations with
a high potential for sanitary
sewer overflows during power
outages.
As part of the project, Tetra Tech developed a gravity
collection system model and used LiDAR data to estimate
customer finished floor elevations and manhole rims
throughout the service area. The model was run for each
lift station sub area to estimate how long a it could be
out-of-service before a sanitary sewer overflow occurred
and to identify what private properties were most at risk.
Orange County Utilities used this information to install
back-up generators and develop a target action plan for
the areas most at risk during a power outage.
TECHNICAL APPROACH
Approach I 16TETRA TECH
PLANNING / POLICY
The planning/policy team will cover the high-level issues
that affect the wastewater transmission system. A major
role will be to validate the risk approach developed
and used in the Wastewater Collection System Master
Plan, which was the first time the City utilized risk as a
prioritization criteria.
Our approach will evaluate process status and adjust
any updates or revisions from its implementation in the
Wastewater Collection System Program. The updated risk
assessment will be used to prioritize projects.
Other planning/policy topics include addressing and
implementing the recommendation and requirements of
sea level rise, reviewing lift station site security—including
cybersecurity—and developing policies for privately
owned lift stations that discharge to the system.
ASSET CRITICALITY MATRIX
CRITICALITY
Severe Significant Moderate Low to Moderate Low
5 4 3 2 1
CONDITIONUn-serviceable 5 Highest Priority
Immediate Action
High Priority
Program Rehab
Priority
Program Rehab
Priority
Program Rehab
Priority
Program Rehab
Renewal Req.4 High Priority
Program Rehab
Priority
Program Rehab
Priority
Program Rehab
Frequent
Condition
Evaluation
Frequent
Condition
Evaluation
Maint. Req.4 Priority
Program Rehab
Frequent
Condition
Evaluation
Frequent
Condition
Evaluation
Frequent
Condition
Evaluation
Regular
Monitoring
Minor Defects 2
Frequent
Condition
Evaluation
Frequent
Condition
Evaluation
Regular
Monitoring
Regular
Monitoring
Regular
Monitoring
Very Good 1 Regular
Monitoring
Regular
Monitoring
Regular
Monitoring
Regular
Monitoring
Regular
Monitoring
COLLIER COUNTY PRIVATE LIFT STATION STANDARDS
Tetra Tech is working with Collier County to improve their design and construction standards
for private lift stations. The standards are designed to ensure sustainability of the private lift
stations and their operations without placing an undue burden on small developments. The
standards set a threshold of 80 gpm, above which the lift station must conform to the standard
Collier County lift station. Private lift stations below 80 gpm can meet the private lift station
standards. The private standards layout specific requirements for electrical standards, flood
level requirements, and cycle times among other items. Specifically, the standards require
the use of positive or semi-positive displacement pumps with a steep pump curve. The station
also must have an assigned maintenance entity per FDEP standards. As part of certification of
occupancy, standards also require CAD files and equipment data submitted to the County be
entered into the County’s GIS and asset management system. Once finalized these standards
will be adopted by Ordinance and included in the County’s official utility standards.
ST. LUCIE COUNTY VULNERABILITY ASSESSMENT
Tetra Tech assisted in preparing the St. Lucie County
Vulnerability Assessment—the first step in taking a
systematic, data-driven approach to developing a
community-wide resilience plan to analyze natural
hazard risks such as sea level rise and develop strategies
to mitigate and adapt to those hazards in a proactive,
equitable, and cost-effective way.
Approach I 17TETRA TECH
HYDRAULIC MODELING
The collection system hydraulic model will be a critical
planning tool used in the Lift Station Program. Having
constructed, calibrated, and utilized the City's model in
the Wastewater Collection System Master Plan, Tetra Tech
has the most experience in its use for scenario planning,
alternative development, and project definition. Jamie
Brescol, lead engineer for the Master Plan hydraulic
model, will have a similar role in the Lift Station Program.
Performing Hydraulic Modeling
CONDITION ASSESSMENT
For condition assessment services, Tetra Tech will
capitalize on our recent work with Wright-Pierce with
the City of Orlando. Wright-Pierce will lead the effort
supported by Mead & Hunt. Both Wright-Pierce and
Mead & Hunt will leverage their local capacity and
prior knowledge of the system to conduct condition
assessments.
Don McCullers will lead the condition assessment effort,
bringing his 42 years of experience and prior knowledge
of the system. Mr. McCullers will be supported by process
mechanical, structural, and electrical/I&C engineers with
experience in field evaluations and condition assessments
for lift stations and air release valves.
The institutional knowledge held by City staff who
maintain and operate the transmission system on a day-
to-day basis is just as important to condition assessments
as the field evaluation. Prior to field work, the condition
assessment team will meet with City staff for their input
on the system, identifying areas with operational issues
requiring frequent maintenance. To the extent it is
available, we will review historical work order information
to conduct the field evaluation in an efficient and targeted
manner.
Data will be collected electronically and immediately
uploaded to the project files allowing for real time tracking
of condition assessment progress.
In the Wastewater Collection System Master Plan, we
estimated the force main condition based on the year
of installation and pipe material as supplemented by
staff knowledge. The Lift Station Program presents an
opportunity to perform field investigation to document
force main segments that carry the most risk to the system
or for which there is little existing information.
Pure Technologies, led by Parvesh Dsingh, will provide
their experience and analytical technologies on pressure
pipe condition assessment to the team. We will extend
condition assessments on force mains beyond
determining pipe defects and wall thickness to include an
assessment of the force main valves.
As with lift stations and air release valves, we will start
force main condition assessments by developing a work
plan with the City to identify key segments for testing, lay
out any changes to operations to allow for the testing,
and schedule activities.
Pipe Material
Platform Description CIDISteelACPlasticPCCPBWPPipe / Valve
Specifications Product Output Line Preparation
Inline Wall Inspection
PipeWalker™Physical entry pushed inspection platform with
electromagnetic technology • •
PCCP and BWP 36” and
greater Water PCCP – broken wire wraps
BWP – broken bars
Confined space readyDewatered
Min access 16”
PipeDiver®Free-swimming inspection platform with ultrasonic and electromagnetic technologies • • •• •
Metallic and BWP
16” – 52” water16” – 48” wastewaterPCCP 16” – 120”
Water,Wastewater
Metallic – wall lossPCCP – broken wire wraps
BWP – broken bars and wall loss
Pressurized or depressurized insertion/
extraction options*
PureRobotics®Tethered inline robotic inspection platform with CCTV and electromagnetic technologies • •• •
Metallic and BWP 16” – 48” PCCP 16” – 120”Water
Metallic – wall loss
PCCP – broken wire wraps
BWP – broken bars and wall loss
Depressurized accessMin access 18”*
Leak & Gas Pocket Detection
SmartBall®Inline free-swimming inspection platform with acoustic leak and gas pocket detection and mapping technologies • • • • • • •
12” and greater for unlined metallic water6” and greater for all other
Water,
Wastewater
Leaks and gas pockets (location accuracy
6 feet) and pipeline mapping
4” tap, in-service
15 psi and greater
Sahara®Inline tethered inspection platform with acoustic leak and
gas pocket detection, CCTV, and mapping technologies • • • • • • • 6” and greater Water Leaks and gas pockets (location accuracy
1.5 feet), CCTV, and pipeline mapping
2” tap, in-service
15 psi and greater
Monitoring
Transient
Monitoring
Distributed sensors provide high-rate pressure data to a
24/7 cloud-based monitoring and analytics platform • • • • • • • All pipe diameters
Water,
Wastewater
Transient events (frequency and
amplitude) 2” tap, in-service
SoundPrint®AFO Inline acoustic fiber optic cable provides continuous data acquisition • 16” and greater
Water,Wastewater
Near-real-time detection and location
of wire breaks via an online map-based
application
In-service or dewateredinstallation options
Valve Management
Valve Services Expert field teams locate, map, operate, and rehabilitate valves to ensure pipelines can be controlled • • • • • • •
All pipe diameters and valve sizes Water,Wastewater Operational valves, actionable data, and a controllable pipeline network Not applicable
Above-Ground Inspection & Cathodic Protection (CP) Services
Spectrum XLI®
& CP
Above-ground pipeline inspection platform that collects multiple sources of data in a single pass to identify areas of likely external corrosion • • •
Applicable to buried metallic electrically
continuous pipelines of
all diameters
Any product
GPS, depth of cover, CP status,
coating condition status, stray current assessment, AC/DC interference mitigation, soil corrosivity assessment,and corrosion potential surveys
Pipeline right of way and test connection
points must be physically
accessible
Inspection and Monitoring Platforms
*Minimum access ranges from 12 to 18 inches depending on pipe size
This document represents fully commercial services. For any projects outside these parameters,
please contact the relevant Product Manager.
Q4 2020
Pressure Pipe Condition Assessment Available Technologies
Approach I 18TETRA TECH
DESIGN, PROCUREMENT, & ENGINEERING OVERSIGHT/SUPPORT DURING CONSTRUCTION
Tetra Tech will work with both Wright-Pierce and Mead
& Hunt to leverage local experience and capacity for
design and construction services. Our approach includes
a Tetra Tech design team and a Wright-Pierce design team
working in parallel to continuously design and implement
projects. Both teams will be led by Tetra Tech, maintaining
consistency of City design standards, templates, and CAD
formats between the two teams.
Tetra Tech’s approach to design and construction
services starts with the preliminary design phase,
identifying projects based on the condition assessment
and prioritization analysis. As part of this phase, we
will consider alternative materials, pipeline routes, and
construction methods. Ardaman & Associates will
provide information on soil conditions as needed, while
survey and SUE data will be gathered by ECHO UES to
inform the decisions that will define the project details
in final design. We will also utilize the City’s hydraulic
model, which Tetra Tech prepared during the Wastewater
Collection System Master Plan in the design. Another
preliminary design consideration is to address resiliency
and hardening oportunities to mitigate the impacts of sea
level rise and other natural hazards. In the final design
phase, the team will prepare construction drawings in
accordance with the City’s standards and requirements.
In the procurement phase, Tetra Tech will work with the
City to evaluate project delivery options (design-bid-build,
design-build, CMAR, etc.) and project bundling to develop
the most efficient means of implementing the projects.
Our staff will coordinate directly with the City project
manager and the purchasing department for project
documents, addenda, and award recommendations.
Mead & Hunt, under the direction of Matt Moshiri
at Tetra Tech, will use their local staff for construction
engineering and project inspection. The construction team
will attend progress meetings, perform site inspections,
and provide interpretation or clarification of the design
documents when requested, respond to requests for
additional information, and prepare change orders
required for minor modifications. Also, Tetra Tech will
review shop drawings, pay requests, and other submittals
for general conformance with the specifications and
drawings, and conduct substantial and final completion
inspections to determine if the work has been completed
in conformance with the contract documents. At
completion, Tetra Tech will prepare and submit certificates
to the appropriate regulatory agencies. Upon completion
of all work, the project team will prepare a project catalog
in conformance with City requirements for the City’s use.
ORANGE COUNTY UTILITY RENEWAL AND REPLACEMENT PROGRAM
Tetra Tech has assessed, evaluated, and performed
preliminary design of 20 duplex pump stations to-date
through three separate task assignments, with design
capacities ranging from 100 to 610 gpm.
POMPANO BEACH HURRICANE HARDENING STUDY
Tetra Tech completed a facility-wide hurricane
hardening study for all of the water treatment plant's
staffed buildings. The study detailed deficiencies and
developed capital improvements in line with Florida's
Building Code. Our team developed cost estimates and a
prioritized capital improvement schedule to aid the City
in implementing the improvements.
5
Work Plan
TAB
Work Plan I 19TETRA TECH
WORK PLAN
Tetra Tech's plan for delivering services for the Lift Station
Program starts with understanding the foundational
documents that impact the wastewater transmission
system, namely the Wastewater Collection System
Master Plan completed in December 2021 and the
Water Reclamation Facilities Plan currently underway.
In addition, ongoing efforts such as the Wastewater
Collection System Program and other City projects will
require significant coordination to provide efficient and
meaningful service.
Our work plan is structured to coordinate individual
project team members o rapidly deploy technical assets
and scale up to meet program needs as multiple projects
are identified, designed, and constructed. While our
work plan is set up to address a large volume of work—
especially at the outset—we are also cognizant of City
budgeting and scheduling constraints. With advanced
program monitoring and project controls, we will forecast
the level of work as the program progresses and tailor
resource deployment in the most efficient manner. We
understand that the lift station program may include
already-defined and designed projects and our project
team is ready to provide services at any stage in the
process.
Tetra Tech’s approach
to this assignment
starts with the project
manager dedicated to
providing the City with
superior service through
quality management
and direction.
Andrew Woodcock will serve as the project manager and
will act as the primary coordinator and executor of the
Tetra Tech team’s professional and technical resources
through the course of the project as well as interacting
with the City to ensure that your needs and expectations
are being met at every phase of the program.
Mr. Woodcock will be supported by the team leads: Don
McCullers for condition assessment, Janine Alexander
for design, and Matt Moshiri for construction services.
These experienced managers will coordinate closely with
the professionals across Wright-Pierce, Mead & Hunt, and
the other team members to maintain seamless service to
the City.
PROJECT MANAGEMENT
From the outset of the project Tetra Tech will work with
the City to develop the management documents and
tools that will define the procedures, responsibilities,
and guidelines necessary to effectively implement the lift
station program. This includes preparing the key program
documents that will guide actions throughout the course
of the program.
KEY PROGRAM DOCUMENTS
Project Work Plan
Health and Safety Plan
Communications Plan
Risk Management Plan
Data Controls Plan
Quality Assurance
Plan
The key to successful implementation with a program
of this complexity lies with extensive coordination and
communication throughout the course of the program.
Our work plan envisions communication with City staff
at several points, including operations and maintenance,
procurement, and engineering with clear lines of
communication and no cross interference. Mr. Woodcock
along with the team leads for condition assessment,
design, procurement, and construction will form
the core of these points of contact. Specific and
additional details will be developed with the City
and included in the Communications Plan.
Work Plan I 20TETRA TECH
PROGRAM MONITORING
Timely and accurate program monitoring is one of the
cornerstones of the work plan. Our program management
team has the experience and knowledge to manage and
monitor the multiple projects expected to be developed
in the program. Our team is well-versed in the project
controls required to successfully integrate multiple
projects at differing levels of completion into a coherent,
robust, and flexible program of activities. The program
management team consists of a highly qualified team of
project estimators, schedulers, and asset management
professionals. As part of the program activities, Andrew
Woodcock will also serve as the Master Plan coordinator,
bringing his knowledge of the Master Plan and interfacing
with the Wastewater Collection System Program on a
regular basis to verify activities are complementary and
result in efficient implementation for both programs.
With the volume and complexity of projects expected we
propose the use of web-based dashboards to effectively
communicate the status of the overall program and
provide the ability to drill down into project specifics.
Dashboards easily accessible by the City will be used to
provide the City with up-to-date program information,
such as budget drawdowns, schedules, and project
phasing. The dashboard will also be used as a forecasting
tool, providing valuable information to proactively
allocate resources in response to budget cycles, external
schedules, and project phases.
Throughout the project, Tetra Tech will hold meetings to
periodically review the status of the program activities
and coordinate with parallel activities in the Wastewater
Collection System Program. The meetings will be
scheduled at the City’s convenience with the intent on
aligning with other City project status meetings. Each
team meeting will be attended by Mr. Woodcock and
other leads as necessary to address the current needs and
issues of the Program. Tetra Tech will prepare the agenda
and minutes for each meeting and make all meeting
documents available electronically through links in the
project dashboards.
Web-based dashboards effectively communicate overall program status
PROGRAM MONITORING AND PROJECT TRACKING
Tetra Tech serves as the manager for the
Toho Water Authority’s Gravity Sewer
Program. As part of the activities, Tetra Tech
assisted Toho in obtaining $82 million in
WIFIA loans to help fund the program, which
must be used by December 2025.
In order to effectively monitor the program,
Tetra Tech developed a web-based project
tracking tool to evaluate the progress
of each project and the overall program
spending.
With frequent updates, Toho is able to
track individual project spending within
the program relative to projected spending
curves to monitor overall progress in
meeting funding deadlines.
As projects progress, the tool allows for
adjustments to be made to the projected
spend curves to adequately continue
monitoring and re-evaluating expectations
of the program as a whole.
Work Plan I 21TETRA TECH
DATA MANAGEMENT
One of the first tasks of the
program will be to obtain all
necessary data from the City
to initiate the work effort.
Our previous experience
with the City gives the Tetra
Tech team an advantage in
streamlining this process such
that most of the data needed
will be for changes over the last two or three
years. We have knowledge of how the City’s GIS
and OWAM databases work, familiarity with data
control processes, and an understanding of the inherent
compatibility needs with the City’s data platforms. All
information collected will be stored on a web-based server
with full-time access to all team members as well as the City.
CONDITION ASSESSMENT
Don McCullers will lead condition assessment activities,
work with the necessary City staff and Tetra Tech team
members to coordinate activities and deploy field crews.
Condition data will be collected electronically using mobile
devices linked to the cloud allowing for real time progress
tracking.
The first step in the condition assessment process is
to validate the system inventory. This will consist of
understanding how the inventory has changed since the
Master Plan and identifying data gaps that will form the
focus of the field work and staff interviews. After validation,
we will develop a condition assessment work plan with City
input that will layout the sequence, schedule, and methods
of the field work.
Tetra Tech understands that field assessments can be
disruptive to system operations and require staff time and
effort that would otherwise be spent on the day-to-day
operations of the system. The work plan will tailor the
field work to meet the City's requirements to minimize
interference with system operations.
ASSET PRIORITIZATION AND PROJECT IDENTIFICATION
Tetra Tech will conduct a series of workshops with the City,
update the risk analysis approach developed in the Master
Plan, and refresh the risk profile of the lift station, force
main, and air release valve assets. Once the assets have
been prioritized, we will design and sequence projects to
form the program implementation schedule. The project
definition and sequencing processes will be informed by
workshops with the City and the Wastewater Collection
System Program such that the activities will be integrated
into the overall CIP and complement the projects underway
in the Wastewater Collection System Program.
MAINTAINTING GIS CHANGES
At Capital/Construction project design, Tetra Tech
structures the project specifications and submittal
requirements to facilitate the tracking and updating of
newly constructed asset data into an asset table.
The asset table, along with record and as-built drawings,
are used to update the asset geometry and critical fields
in the GIS asset data. We provide an asset table to the
contractor that clearly identifies the required data fields
needed to update the backend GIS data tables.
This data table includes asset attributes such as diameter,
material, manufacturer, and serial number, etc. that can
then easily be entered into GIS and OWAM.
CONDITION ASSESSMENT WORK PLAN CONSIDERATIONS
Assessment schedule
MOT requirements
Site access procedures
After-hours field work
City staffing
requirements
Testing equipment
and materials
Work Plan I 22TETRA TECH
PLANNING AND POLICY
Tetra Tech understands there are a myriad of potential
planning, management, policy, and other tasks that may
play a role in the Lift Station Program, such as sea level rise
abatement, private lift station policies, and O&M reviews.
As a global company, Tetra Tech can draw on a wide range
of discipline leaders and subject matter experts to meet
the City's needs. As project manager, Andrew Woodcock
will coordinate these tasks, bringing his experience in
planning and matching the right resources to the task.
DESIGN, PROCUREMENT, AND CONSTRUCTION SERVICES
In order to meet the expected volume of projects our
work plan has two design teams that will work in parallel
to design defined projects. Each team includes a roster
of professionals with lift station and pipeline design
experience. Each team is within Tetra Tech or Wright-
Pierce, with work being allocated as needed between the
two firms.
Janine Alexander will be the overall design lead
coordinating work efforts and verifying all City standards
and requirements are met, producing a consistent work
product for the City.
Procurement assistance will be provided at the program
level such that there is a single point of contact with the
Purchasing Department responsible for maintaining
all project documents per the latest City purchasing
requirements.
All project addenda issued during the bidding phase will
be coordinated between the design team and purchasing.
CONSTRUCTION
Mead & Hunt, under the leadership of Matt Moshiri,
will perform construction services on the projects. The
construction team will attend progress meetings, perform
site inspections, and provide interpretation or clarification
of the design documents when requested, respond to
requests for additional information, and prepare change
orders required for minor modifications.
The team will review shop drawings, pay requests, and
other submittals for general conformance with the
specifications and drawings, and conduct substantial
and final completion inspections to determine if the work
has been completed in conformance with the contract
documents.
1
PRELIMINARY DESIGN
2
FINAL DESIGN
3
BIDDING AND AWARD
4
CONSTRUCTION
5
START-UP ANDPROJECT CLOSEOUT
City Review/Input
QA/QC Review
Periodic Construction Meetings
City Review/Input
QA/QC Review
QA/QC Review
City Review &
Acceptance
6
Quality Management Plan
TAB
Quality Management Plan I 23TETRA TECH
Tetra Tech has a mandatory quality assurance and
quality control (QA/QC) program for all projects.
We maintain this program based on the concept of
using our knowledge gained from each project we
complete to bring our clients expertise, consistency,
and value on every aspect of the project. All project
documents, whether draft or final, undergo a formal
review process prior to submittal.
TETRA TECH’S QA/QC PROGRAM
The Tetra Tech Quality Management System was
developed based on the ISO 9000 fundamentals and
principles and acts as an internal set of practices and
organizational structure established for planning and
executing services that not only meet but exceed the
quality requirements of the City. This program aims to
identify and resolve problems so that they do not re-
occur, identify and eliminate inefficiency and waste,
reduce variability, and increase performance. All project
documents, whether draft or final, will undergo a formal
review process prior to submittal to the City. Reviewers
are senior staff and corporate/regional technical advisory
group specialists who are kept involved in and informed
about the project from conception through completion,
particularly regarding project objectives, approach to
completion of the scope of work, and client expectations.
The review team and the project manager establish a
plan at the beginning of the project and schedule reviews
during various stages of each project.
Tetra Tech’s QA/QC process covers all aspects of project
delivery and integrates with project management
processes to maintain quality throughout deliverable
development. Our quality plan will be included in
all deliverables, from meeting minutes and technical
memorandums to all aspects of project deliverables. Our
QA/QC program for this Lift Station Program will be led
by John Toomey, Jon Bundy, and Bill Young. As a
wastewater technical expert, Mr. Toomey brings over 40
years of responsible engineering experience providing
technical oversight on Tetra Tech's most critical projects.
Similarly, Mr. Bundy has over 20 years of experience
developing master plans and hydraulic modeling, and
delivering sound design solutions for lift station projects
across Florida. Mr. Young will use the experience garnered
over 23 years as the Utilities Director for St. Johns County
to provide insight into overall program management.
Tetra Tech’s quality system approach applies the
fundamental principles of the Plan-Do-Check-Act model
of continuous improvement, as graphically depicted
below. QA/QC activities are identified during project
planning and applied throughout the project life. By
accounting for a thorough QA/QC process in the design
schedule, QA activities can help guide the project work
based on professional and regulatory standards. QC
activities occur at key milestones to confirm project
quality. We apply these procedures on all current projects,
and achieve continuous improvement by applying lessons
learned on future projects. We understand we must fully
meet the City’s goals and expectations in a cost-effective
manner.
Through a stringent quality approach, our team is able to
identify issues early and implement corrective actions to
resolve discrepancies with minimal impact to the project.
During the design submittal reviews, if an issue arises, we
will work with the City to develop a solution, implement
the solution, and then follow-up to make sure the issue is
resolved and provide closure so the project can progress
forward.
If requested, QA/QC documentation will be provided to
the City after each milestone so there is a record of all
activities and buy-in from each discipline as well as from
the City.
Improving Quality Control with the Plan-Do-Check-Act Model
PLAN
Be specific to what you are trying to accomplish. Create performance measures.
PLAN
DOCHECKACTQUALITY
CONTROL
CYCLE
ACT
Implement structured change objectives to address challenges & opportunities for improvement. Standardize policies & procedures.
DO
Prioritize & implement changes.
CHECK
Test & record changes. Create structured change objectives.
QUALITY MANAGEMENT PLAN
Quality Management Plan I 24TETRA TECH
We will implement the following tasks to build quality into
every aspect of each assignment:
☑ Implementation of QA/QC Plan
Our process and procedures will be reviewed and approved
by the City specific to the details and requirements of this
project. We will make modifications as necessary to meet the
QA/QC requirements of each individual task.
☑ Independent Review and Verification
Our assigned QA/QC team, independent of the project design
team, will perform in-process reviews and sign-off on all
project deliverables prior to submittal to the City. QC review
of construction packages can be completed by independent
cost estimating and construction professionals. Each
reviewer’s comments are placed on the Design Review and
Comment form, which tracks comments and actions through
a checklist format to make sure every item is addressed.
☑ Work-in-Process Inspection
Project documents will be reviewed throughout the design
process and before each scheduled submittal of design
documents. Our technical leads will meet to review the in-
progress documents, maintain discipline coordination, and
make certain that technical requirements are met.
☑ Commitment of Independent Resources
Our QA/QC team will call on senior technical discipline
specialists to conduct independent reviews for completeness,
design intent, fulfillment of contract requirements, and
document clarity. Each discipline specialist will maintain
overall project constructability, and provide best value
for project design, construction, and operation. All work
completed by our subconsultant firms will be assigned to
independent Tetra Tech discipline experts and included in our
overall QC process.
☑ Communication with the City of Clearwater
Project quality and change issue updates will take place
between our project manager, QC managers, and the City’s
project manager (and any other City-designated personnel)
in accordance with the City-approved QA/QC plan. Our QA/
QC involvement with City engineering and operations staff
will extend from contract through construction. Tetra Tech
commits to having all of our key project individuals present
at all meetings, so that the engineers responsible for project
design and decisions are available to discuss decisions during
meetings, which makes certain everyone is comfortable with
the plan moving forward.
☑ Subconsultant Commitment
Our subconsultants are required to employ similar quality
review processes for their deliverables. We will verify that
each subconsultant has followed the QC plan for your project.
TETRA TECH’S
QUALITY APPROACH STEPS
AND STANDARD PROCESS
Tetra Tech demonstrates excellence in meeting
project scope, budget, schedule, and quality for all
projects. We have instituted the Project Excellence
Program, which contains many tools and resources
to assist project managers with pricing, project
startup, coordination, performance management,
project reviews, quality assurance, and project safety.
Additionally, Tetra Tech has a Corporate Quality
Council that handles quality policies outlined in the
Quality Practices Manual.
PROJECT
AWARDED
Operations
Manager
Project
Manager
Chief
Engineering
Team
Internal Discipline QC Reviewer
Project QC Reviewer
QUALITY MANAGEMENT TETRA TECH PROJECTS
Key Concept Review Milestone Reviews Final Review
PROJECT
SUBMITTED
Risk Management - Threshold Projects
Key Concept Review Final Review
Project Work Plan
Quality Management Plan
7
Ligitation
TAB
Litigation I 25TETRA TECH
LISTING OF ANY CONVICTIONS OR FINES INCURRED BY TETRA TECH
Neither Tetra Tech nor its principals have incurred any
convictions or fines for violations of any state or federal
law within the past three years.
LISTING OF ANY LITIGATIONS
Tetra Tech has no litigation involving a construction
project or contract (excluding personal injury and workers’
compensation) whether currently pending or concluded
within the past three years in which Tetra Tech was a
named party.
LISTING OF ALL ADMINISTRATIVE HEARINGS INVOLVING A CONSTRUCTION PROJECT OR CONTRACT
Tetra Tech has no administrative proceedings involving
a construction project or contract, whether currently
pending or concluded within the past three years, in which
Tetra Tech was a named party.
LISTING OF ALL ARBITRATIONS INVOLVING A CONSTRUCTION PROJECT OR CONTRACT
Tetra Tech has no arbitrations involving a construction
project or contract, whether currently pending or
concluded in the past three years, in which Tetra Tech was
a named party.
LITIGATION
8
Other Forms
TAB
Other Forms I 26TETRA TECH
Exceptions, Additional Materials, Addenda Form
Company Information Form Exhibit C - Forms
Current Florida Department of Business and Professional Regulation’s License
Current Florida Corporation Registration
W-9 Form
EXCEPTIONS/ADDITIONAL MATERIALS/ADDENDA
WRF Master Plan 14 RFQ #07-21
Respondents shall indicate any and all exceptions taken to the provisions or requirements in this solicitation document. Exceptions that surface elsewhere and that do not also appear under this section shall be considered invalid and void and of no contractual significance. Exceptions (mark one): **Special Note – Any material exceptions taken to the City’s Terms and Conditions may render a Response non-responsive.
No exceptions Exceptions taken (describe--attach additional pages if needed)
Additional Materials submitted (mark one): No additional materials have been included with this response Additional Materials attached (describe--attach additional pages if needed)
Addenda Respondents are responsible for verifying receipt of any addenda issued by checking the City’s website at https://www.myclearwater.com/business/rfp prior to the bid opening. Failure to acknowledge any addenda issued may render a Bid Non-responsive. Acknowledgement of Receipt of Addenda (initial for each addenda received, if applicable):
Addenda Number Initial to acknowledge receipt
Vendor Name__________________________________________________ Date__________________
X
X
Tetra Tech, Inc.02/10/2021
COMPANY INFORMATION
WRF Master Plan 15 RFQ #07-21
Company Legal/Corporate Name:
Doing Business As (if different than above):
Address:
City: State: Zip: -
Phone: Fax:
E-Mail Address:Website:
DUNS #
Remit to Address (if different than above): Order from Address (if different from above):
Address: Address:
City: State: Zip: City: State: Zip:
Contact for Questions about this response:
Name: Fax:
Phone: E-Mail Address:
Day-to-Day Project Contact (if awarded): Name: Fax:
Phone: E-Mail Address:
Certified Small Business
Certifying Agency:
Certified Minority, Woman or Disadvantaged Business Enterprise
Certifying Agency:
Provide supporting documentation for your certification, if applicable.
Tetra Tech, Inc.
N/A
5201 West Kennedy Boulevard, Suite 620
Tampa Florida 33609
813.775.9940 813.682.2298
michael.saxton@tetratech.com tetratech.com
80-121-5968
N/A N/A
Gary ReVoir
gary.revoir@tetratech.com
Andrew Woodcock 407.353.3714
andrew.woodcock@tetratech.com407.480.3949
407.839.3790
407.480.3943
RESPONSE CERTIFICATION
WRF Master Plan 16 RFQ #07-21
By signing and submitting this Response, the Company certifies that: a) It is under no legal prohibition to contract with the City of Clearwater.b) It has read, understands, and is in compliance with the specifications, terms and conditions stated herein, as wellas its attachments, and any referenced documents.c) It has no known, undisclosed conflicts of interest.d) No offer of gifts, payments or other consideration were made to any City employee, officer, elected official, orconsultant who has or may have had a role in the procurement process for the services and or goods/materialscovered by this contract.e) It understands the City of Clearwater may copy all parts of this response, including without limitation any documentsand/or materials copyrighted by the respondent, for internal use in evaluating respondent’s offer, or in response toa public records request under Florida’s public records law (F.S. 119) or other applicable law, subpoena, or otherjudicial process.f) Respondent hereby warrants to the City that the respondent and each of its subcontractors (“Subcontractors”) willcomply with, and are contractually obligated to comply with, all Federal Immigration laws and regulations that relateto their employees.g) Respondent certifies that they are not in violation of section 6(j) of the Federal Export Administration Act and notdebarred by any Federal or public agency.h) It will provide the materials or services specified in compliance with all Federal, State, and Local Statutes andRules if awarded by the City.i) It is current in all obligations due to the City.j) It will accept such terms and conditions in a resulting contract if awarded by the City.k) The signatory is an officer or duly authorized agent of the respondent with full power and authority to submit bindingoffers for the services as specified herein.
ACCEPTED AND AGREED TO:
Company Name:
Signature: Printed Name: Title: Date:
Tetra Tech, Inc.
Gary J. ReVoir, II
Vice President02/10/2021
Response Certification Form
A B C D
E
Halsey Beshears, SecretaryRon DeSantis, Governor
STATE OF FLORIDADEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
BOARD OF PROFESSIONAL ENGINEERS
THE ENGINEERING BUSINESS HEREIN IS AUTHORIZED UNDER THEPROVISIONS OF CHAPTER 471, FLORIDA STATUTES
TETRA TECH, INC
Do not alter this document in any form.
201 E PINE STREET
LICENSE NUMBER: CA2429EXPIRATION DATE: FEBRUARY 28, 2021
This is your license. It is unlawful for anyone other than the licensee to use this document.
SUITE 201ORLANDO FL 32801
Always verify licenses online at MyFloridaLicense.com
F G
Form (Rev. October 2018)Department of the Treasury Internal Revenue Service
Request for Taxpayer Identification Number and CertificationGo to www.irs.gov/FormW9 for instructions and the latest information.
Give Form to the requester. Do not send to the IRS.
1 Name (as shown on your income tax return). Name is required on this line; do not leave this line blank.
2 Business name/disregarded entity name, if different from above
3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the following seven boxes.
Individual/sole proprietor or single-member LLC C Corporation S Corporation Partnership Trust/estate
Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) Note: Check the appropriate box in the line above for the tax classification of the single-member owner. Do not check LLC if the LLC is classified as a single-member LLC that is disregarded from the owner unless the owner of the LLC is another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single-member LLC that is disregarded from the owner should check the appropriate box for the tax classification of its owner.Other (see instructions)
4 Exemptions (codes apply only to certain entities, not individuals; see instructions on page 3):
Exempt payee code (if any)
Exemption from FATCA reporting code (if any)
(Applies to accounts maintained outside the U.S.)5 Address (number, street, and apt. or suite no.) See instructions.
6 City, state, and ZIP code
Requester’s name and address (optional)
7 List account number(s) here (optional)
Part I Taxpayer Identification Number (TIN)Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN, later.Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and Number To Give the Requester for guidelines on whose number to enter.
Social security number
––orEmployer identification number–
Part II CertificationUnder penalties of perjury, I certify that:1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and3. I am a U.S. citizen or other U.S. person (defined below); and4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct.Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part II, later.
Sign Here Signature of U.S. person Date
General InstructionsSection references are to the Internal Revenue Code unless otherwise noted.Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/FormW9.Purpose of FormAn individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following.• Form 1099-INT (interest earned or paid)
• Form 1099-DIV (dividends, including those from stocks or mutual funds)• Form 1099-MISC (various types of income, prizes, awards, or gross proceeds)• Form 1099-B (stock or mutual fund sales and certain other transactions by brokers)• Form 1099-S (proceeds from real estate transactions)• Form 1099-K (merchant card and third party network transactions)• Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition)• Form 1099-C (canceled debt)• Form 1099-A (acquisition or abandonment of secured property)Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN. If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later.Cat. No. 10231X Form W-9 (Rev. 10-2018)
TETRA TECH INC.
5201 W. Kennedy Boulevard, Suite 620
Tampa, FL 33609
July 28, 2022
TETRA TEH INC.
StateofFloridaDepartmentofState
IcertifyfromtherecordsofthisofficethatTETRATECH,INC.isaDelawarecorporationauthorizedtotransactbusinessintheStateofFlorida,qualifiedonApril28,1988.
ThedocumentnumberofthiscorporationisP19034.
IfurthercertifythatsaidcorporationhaspaidallfeesduethisofficethroughDecember31,2021,thatitsmostrecentannualreport/uniformbusinessreportwasfiledonJanuary4,2021,andthatitsstatusisactive.
IfurthercertifythatsaidcorporationhasnotfiledaCertificateofWithdrawal.
GivenundermyhandandtheGreatSealoftheStateofFloridaatTallahassee,theCapital,thistheFourthdayofJanuary,2021
TrackingNumber:1380301146CCToauthenticatethiscertificate,visitthefollowingsite,enterthisnumber,andthenfollowtheinstructionsdisplayed.
https://services.sunbiz.org/Filings/CertificateOfStatus/CertificateAuthentication
OTHER FORMS
Other Forms I 27TETRA TECH
EXCEPTIONS/ADDITIONAL MATERIALS/ADDENDA
Consulting Services –Lift Station Program 13 RFQ #13-22
Respondents shall indicate any and all exceptions taken to the provisions or requirements in this solicitation document. Exceptions that surface elsewhere and that do not also appear under this section shall be considered invalid and void and of no contractual significance.
Exceptions (mark one):
**Special Note –Any material exceptions taken to the City’s Terms and Conditions may render a Response non-responsive.
No exceptions
Exceptions taken (describe--attach additional pages if needed)
Additional Materials submitted (mark one):
No additional materials have been included with this response
Additional Materials attached (describe--attach additional pages if needed)
AddendaRespondents are responsible for verifying receipt of any addenda issued by checking the City’s website at https://www.myclearwater.com/business/rfp prior to the bid opening. Failure to acknowledge any addenda issued may render a Bid Non-responsive.
Acknowledgement of Receipt of Addenda (initial for each addenda received, if applicable):
Addenda Number Initial to acknowledge receipt
Vendor Name__________________________________________________ Date__________________
X
Tetra Tech, Inc.
2
1
08/01/22
X
Exceptions, Additional Materials, Addenda FormA
Other Forms I 28TETRA TECH
COMPANY INFORMATION
Consulting Services –Lift Station Program 14 RFQ #13-22
Company Legal/Corporate Name:
Doing Business As (if different than above):
Address:
City: State: Zip: -
Phone: Fax:
E-Mail Address:Website:
Order from Address (if different from above):
Address:
City:State:Zip:
Fax:407.839.3790
E-Mail Address:
Fax:
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.
Tetra Tech, Inc.
N/A
5201 West Kennedy Boulevard, Suite 620
Tampa FL 33609
813.775.9940
jon.fox@tetratech.com tetratech.com
DUNS #80-121-5968
Remit to Address (if different than above):
Address:
City: State:Zip:
Contact for Questions about this response:
Name:Jon D. Fox
Phone:407.839.3955
Day-to-Day Project Contact (if awarded):
Name:
Phone:
jon.fox@tetratech.com
Andrew Woodcock
407.480.3949
407.839.3970
andrew.woodcock@tetratech.com
Company Information FormB
Other Forms I 29TETRA TECH
RESPONSE CERTIFICATION
Consulting Services –Lift Station Program 15 RFQ #13-22
By signing and submitting this Response, the Company certifies that:
a)It is under no legal prohibition to contract with the City of Clearwater.b)It has read, understands, and is in compliance with the specifications, terms and conditions stated herein, as wellas its attachments, and any referenced documents.c)It has no known, undisclosed conflicts of interest.d)No offer of gifts, payments or other consideration were made to any City employee, officer, elected official, orconsultant who has or may have had a role in the procurement process for the services and or goods/materialscovered by this contract.e)It understands the City of Clearwater may copy all parts of this response, including without limitation anydocuments and/or materials copyrighted by the respondent, for internal use in evaluating respondent’s offer, or inresponse to a public records request under Florida’s public records law (F.S. 119)or other applicable law,subpoena, or other judicial process.f)Respondent hereby warrants to the City that the respondent and each of its subcontractors (“Subcontractors”)will comply with, and are contractually obligated to comply with, all Federal Immigration laws and regulations thatrelate to their employees.g)Respondent certifies that they are not in violation of section 6(j) of the Federal Export Administration Act and notdebarred by any Federal or public agency.h)It will provide the materials or services specified in compliance with all Federal, State, and Local Statutes andRules if awarded by the City.i)It is current in all obligations due to the City.j)It will accept such terms and conditions in a resulting contract if awarded by the City.k)The signatory is an officer or duly authorized agent of the respondent with full power and authority to submitbinding offers for the services as specified herein.
ACCEPTED AND AGREED TO:
Company Name:
Signature:
Printed Name:
Title:
Date:
Tetra Tech, Inc.
Jon D. Fox
Vice President
08/01/2022
Response Certification FormC
Other Forms I 30TETRA TECH
Other Forms I 31TETRA TECH
Other Forms I 32TETRA TECH
Other Forms I 33TETRA TECH
Exhibit C - FormsD
Other Forms I 34TETRA TECH
8/24/2021 Related License Information
https://www.myfloridalicense.com/relationList.asp?record_cnt=1&LicId=2717189&Lname=&datefrom=&LicNum=&dateto=&Fname=&Category=1/1
Licensee
Name:TETRA TECH, INC License Number:2429
Rank:Registry License Expiration Date:
Primary Status:Current Original License Date:05/10/1977
Related License Information
LicenseNumber Status Related Party RelationshipType
RelationEffectiveDate Rank ExpirationDate
70052 Current,
Active
BROWNLIE, WILLIAM ROBERT Registry 08/11/2009 Professional
Engineer
02/28/2023
Firm's Current Florida Department of Business and Professional Regulation's License E
Other Forms I 35TETRA TECH
State of Florida
Department of State
I certify from the records of this office that TETRA TECH,INC.is a Delaware
corporation authorized to transact business in the State of Florida,qualified on
April 28,1988.
The document number of this corporation is P19034.
I further certify that said corporation has paid all fees due this office through
December 31,2022,that its most recent annual report/uniform business report
was filed on January 3,2022,and that its status is active.
I further certify that said corporation has not filed a Certificate of Withdrawal.
Given under my hand and the
Great Seal of the State of FloridaatTallahassee,the Capital,thistheThirddayofJanuary,2022
Tracking Number:2084199362CC
To authenticate this certificate,visit the following site,enter this number,and thenfollowtheinstructionsdisplayed.
https://services.sunbiz.org/Filings/CertificateOfStatus/CertificateAuthentication
Current Florida Corporation RegistrationF
Other Forms I 36TETRA TECH
Form
(Rev. October 2018)
Department of the Treasury Internal Revenue Service
Request for Taxpayer
Identification Number and Certification
Go to www.irs.gov/FormW9 for instructions and the latest information.
Give Form to the
requester. Do not
send to the IRS.
1 Name (as shown on your income tax return). Name is required on this line; do not leave this line blank.
2 Business name/disregarded entity name, if different from above
3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the
following seven boxes.
Individual/sole proprietor or
single-member LLC
C Corporation S Corporation Partnership Trust/estate
Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership)
Note: Check the appropriate box in the line above for the tax classification of the single-member owner. Do not check
LLC if the LLC is classified as a single-member LLC that is disregarded from the owner unless the owner of the LLC is
another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single-member LLC that
is disregarded from the owner should check the appropriate box for the tax classification of its owner.
Other (see instructions)
4 Exemptions (codes apply only to
certain entities, not individuals; see
instructions on page 3):
Exempt payee code (if any)
Exemption from FATCA reporting
code (if any)
(Applies to accounts maintained outside the U.S.)
5 Address (number, street, and apt. or suite no.) See instructions.
6 City, state, and ZIP code
Requester’s name and address (optional)
7 List account number(s) here (optional)
Part I Taxpayer Identification Number (TIN)
Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid
backup withholding. For individuals, this is generally your social security number (SSN). However, for a
resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other
entities, it is your employer identification number (EIN). If you do not have a number, see How to get a
TIN, later.
Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and
Number To Give the Requester for guidelines on whose number to enter.
Social security number
––
or
Employer identification number
–
Part II Certification
Under penalties of perjury, I certify that:
1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and
2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue
Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am
no longer subject to backup withholding; and
3. I am a U.S. citizen or other U.S. person (defined below); and
4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct.
Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because
you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid,
acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments
other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part II, later.
Sign
Here Signature of
U.S. person Date
General Instructions
Section references are to the Internal Revenue Code unless otherwise
noted.
Future developments. For the latest information about developments
related to Form W-9 and its instructions, such as legislation enacted
after they were published, go to www.irs.gov/FormW9.
Purpose of Form
An individual or entity (Form W-9 requester) who is required to file an
information return with the IRS must obtain your correct taxpayer
identification number (TIN) which may be your social security number
(SSN), individual taxpayer identification number (ITIN), adoption
taxpayer identification number (ATIN), or employer identification number
(EIN), to report on an information return the amount paid to you, or other
amount reportable on an information return. Examples of information
returns include, but are not limited to, the following.
• Form 1099-INT (interest earned or paid)
• Form 1099-DIV (dividends, including those from stocks or mutual
funds)
• Form 1099-MISC (various types of income, prizes, awards, or gross
proceeds)
• Form 1099-B (stock or mutual fund sales and certain other
transactions by brokers)
• Form 1099-S (proceeds from real estate transactions)
• Form 1099-K (merchant card and third party network transactions)
• Form 1098 (home mortgage interest), 1098-E (student loan interest),
1098-T (tuition)
• Form 1099-C (canceled debt)
• Form 1099-A (acquisition or abandonment of secured property)
Use Form W-9 only if you are a U.S. person (including a resident
alien), to provide your correct TIN.
If you do not return Form W-9 to the requester with a TIN, you might
be subject to backup withholding. See What is backup withholding,
later.
Cat. No. 10231X Form W-9 (Rev. 10-2018)
TETRA TECH INC.
5201 W. Kennedy Boulevard, Suite 620
Tampa, FL 33609
July 28, 2022
TETRA TEH INC.
W-9 FormG
5201 W. Kennedy Boulevard, Suite 620, Tampa, FL 33609
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#23-0432
Agenda Date: 5/1/2023 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Solid Waste/General Services
Agenda Number: 8.1
SUBJECT/RECOMMENDATION:
Authorize a purchase order to Trane US, Inc. of Davidson, NC for the purchase of Heating,
Ventilation and Air Conditioning (HVAC) services and associated replacement and repair parts
in a not-to-exceed amount of $1,520,000.00 through August 31, 2027, pursuant to Clearwater
Code of Ordinances Sections 2.563(1)(c), Piggyback, and 2.563(1)(d), Non-competitive
purchases - Impractical, and authorize the appropriate officials to execute same. (consent)
SUMMARY:
Building & Maintenance Division’s (B&M) is responsible for maintaining all HVAC repairs
citywide. B&M is requesting authorization to piggyback off OMNIA PARTNERS, Contract 3341,
HVAC Products, Installation, Labor Based Solutions and Related Products and Services
through the term of the contract expiration of August 31, 2027, for services and parts
necessary to complete a given scope of work. In addition, B&M is requesting authorization for
West Florida Trane to perform all maintenance on their Trane equipment as they are the sole
and exclusive agent of Trane US, Inc. for Trane heavy commercial air conditioning products for
Pinellas County and the exclusive parts outlet for Trane Mechanical Systems and Tracer
Building Automation Systems. Using any other vendor to perform these services on the City’s
current Trane equipment may void any warranties which makes this impractical to bid.
The requested amount will be split as follows
5/1/23-8/31/23 = $120,000
9/1/23-8/31/24 = $350,000
9/1/24-8/31/25 = $350,000
9/1/25-8/31/26 = $350,000
9/1/26-8/31/27 = $350,000
APPROPRIATION CODE AND AMOUNT:
5656531-546200 GSBM180001-R&M-MATLS
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 4/24/2023
Racine County, Wisconsin
Contract # 3341
for
HVAC Products, Installation, Labor Based Solutions and
Related Product and Services
with
Trane US Inc.
Effective: September 1, 2022
The following documents comprise the executed contract between the Racine County, Wisconsin and Trane U.S. Inc., effective September 1, 2022:
I. Vendor Contract and Signature Form II. Supplier’s Response to the IFB, incorporated by reference
Purchasing Department
730 Wisconsin Avenue Racine, WI 53403 262-636-3700 fax: 262-636-3763
HVAC PRODUCTS, INSTALLATION, LABOR BASED SOLUTIONS AND RELATED PRODUCT AND SERVICES CONTRACT 2022
This Contract made and entered into this 16th day of August 2022, by and between
Racine County, Wisconsin, 730 Wisconsin Avenue, Racine, Wisconsin 53403 (hereinafter
referred to as “COUNTY”) and Trane U.S. Inc., 800 Beaty Street, Davidson, North Carolina
28036-6924 (hereinafter referred to as “CONTRACTOR”).
W I T N E S S E T H:
For good and valuable consideration, the parties agree as follows:
1. WORK: CONTRACTOR shall provide HVAC PRODUCTS, INSTALLATION, LABOR
BASED SOLUTIONS AND RELATED PRODUCT AND SERVICES:
The undersigned parties understand and agree to comply with and be bound by the
entire contents of Sealed Bid # RC2022-1001: HVAC PRODUCTS, INSTALLATION,
LABOR BASED SOLUTIONS AND RELATED PRODUCT AND SERVICES (aka, the
Contractor's Bid Proposal submitted July 21, 2022) which is incorporated herein by
reference. CONTRACTOR understands and agrees that the bonds and insurance
required by the Project Manual are to be kept current at all times through the length of
each term and for 90 Days following completion of each term. Bonds and insurance
must be renewed and presented to the COUNTY at the time of each renewal term if
COUNTY chooses to renew. Bonds and insurance shall be written by a firm acceptable
to the COUNTY as specified in the Project Manual.
2. TERM: September 1, 2022, to August 31, 2027, with full renewal of one (1) additional
five (5) year term per the Project Manual. COUNTY shall exercise renewal options by
issuance and delivery to CONTRACTOR of a written notice to renew this Agreement.
3. PROJECT: HVAC PRODUCTS, INSTALLATION, LABOR BASED SOLUTIONS AND
RELATED PRODUCT AND SERVICES in accordance with the Project Manual.
4. PRICE: Price as stated for all schedules included in the Project Manual.
DocuSign Envelope ID: 5AB039C2-2DAF-4A1E-9286-D4840C496111
5.CANCELLATION: This contract may be cancelled without penalty or obligation of any
kind, by COUNTY by, for or on behalf of itself or its agencies, departments, officers,
agents or employees immediately upon written notice to all parties that sufficient funds
have not been budgeted by the County Board of Supervisors to pay the obligations
under this agreement.
Either party may terminate the contract on the anniversary date in any
subsequent year of the contract by providing the other party with written notice ninety
(90) days prior to the anniversary date.
If the CONTRACTOR fails to maintain and keep in force required insurance,
COUNTY shall have the right to cancel and terminate the contract without notice.
Notwithstanding any of the terms and conditions contained herein, the COUNTY
and CONTRACTOR reserve the right to terminate the contract at any time for any
reason by providing written notice of termination to the other party no less than ninety
(90) days in advance of termination. In the event of said termination, CONTRACTOR
shall not reduce its activities hereunder unless agreed in advance by COUNTY. The
CONTRACTOR will pay according to the contract for services tendered through the
date of termination.
RACINE COUNTY
BY: _____________________________ BY: ______________________________
BY: _____________________________ BY: ______________________________
Trane U.S. Inc.
BY: ______________________________
DocuSign Envelope ID: 5AB039C2-2DAF-4A1E-9286-D4840C496111
8/16/2022
8/16/2022
8/17/20228/17/2022
8/17/2022
Trane Strategic Cooperative Programs
800-B Beaty Street, Davidson, North Carolina, 28036, Tel 469-442-6055
November 8, 2022
To: All Participating Agencies
Subject: Clarification Regarding Racine Contract #3341
Trane/OMNIA Public Partners
Contract pricing for HVAC Products, Installation, Labor Based Solutions, and Related Products
and Services was established with the solicitation referenced above. As a clarification to the
pricing structure, the following is offered.
Typically, Trane pricing is made up of three categories: equipment, labor and materials. Each of
these areas are briefly explained as follows:
1. Equipment – Each piece of equipment identified by a product code. Each product code has an
established list price discount associated with it. A complete list of equipment discounts can be
found on the OMNIA Partners website once the agency logs in with username and password.
There are approx. 650 specific pieces of equipment on the contract, with associated discounts.
2. Labor – All labor-based solutions (installation and services) are classified by the labor “type”
with a fixed hourly rate. Installation, maintenance and retrofit labor hours are indexed to RS
Means estimating guide. Each project is priced per the specific geographic zone in which the job
is located. Labor rates avail upon request.
3. Parts & Material in quoted work – All parts and miscellaneous materials included in quoted
projects are subject to the maximum contract margin guidelines of 28.5%. This would include
materials such as piping, wiring, sheet metal and parts necessary to complete a given scope of
work. Trane over the counter parts for service are discounted at a rate of 22% off of list price.
Greg Spencer
Strategic Cooperative Program Leader
Purchasing
730 Wisconsin Avenue Racine WI 53403 262-636-3700 Duane.McKinney@racinecounty.com
June 15, 2022
Dear Prospective Bidder:
You are invited to submit a bid to provide HVAC Products, Installation, Labor Based Solutions, and Related Products and Services for Racine County and other municipal governments and local public agencies. A copy of this solicitation is available for download at: https://www.racinecounty.com/departments/finance/purchasing-rfps-and-bids. Submitted bids are due on or before 1:00 p.m. CST on Thursday July 21, 2022, you must submit electronically online using the DemandStar application at www.DemandStar.com. Late bids will not be accepted.
Bids must be submitted electronically online using the DemandStar application at www.DemandStar.com. The terms ‘Firms’, ‘Suppliers’, ‘Contractors’, ‘Offeror’, ‘Vendor’, ‘Respondent’, and/or ‘Bidder’ may be used interchangeably.
General questions regarding this solicitation should be directed to Duane McKinney at (262) 636-3700 or via email at Duane.McKinney@racinecounty.com.
Technical questions should be submitted via email to Duane McKinney, Purchasing Manager, at Duane.McKinney@racinecounty.com.
No other Racine County employee or representative is authorized to provide information or interpret any portion of this solicitation. No contact from a vendor to any Racine County
employee or elected official should be made during this process unless authorized by Racine County Finance Department.-Purchasing Division.
If your firm chooses not to submit a response for this procurement, please complete Attachment
E – No Bid Form.
RACINE COUNTY RESERVES THE RIGHT TO ACCEPT OR REJECT ANY OR ALL BIDS; TO WAIVE ANY TECHNICALITY OR ERROR IN ANY BID OR PART THEREIN, AND TO ACCEPT THE SAME OR COMBINATIONS, IN WHOLE OR IN PART, WHICHEVER IS DEEMED TO BE IN THE BEST INTEREST OF RACINE COUNTY IN ITS SOLE AND EXCLUSIVE DISCRETION.
Sincerely,
Duane McKinney Racine County Purchasing Manager
Encl: Bid Package
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INVITATION FOR BID IFB # RC2022-1001
HVAC PRODUCTS, INSTALLATION, LABOR BASED SOLUTIONS, AND RELATED PRODUCTS AND SERVICES
I.PROJECT OVERVIEW
Racine County is accepting bids for HVAC Products, Installation, Labor Based Solutions,and Related Products and Services. The Master Agreement will allow government agenciesto purchase the products and services defined herein, in indefinite quantities on an as-needed basis. Participating Public Agencies may have different requirements and they maychoose to sign supplemental agreements with the Awarded Bidder(s) to conform to theirpurchasing and contracting requirements.
A. STEP-ONE
For the first step of the bidding process, Bidders will submit their sealed bid with all
requested information, to include Certification of Vendor, and Attachment C – Bid Formby the due date and time outlined in this IFB. After the due date and time, all Bids will bereviewed to determine if they are responsive, responsible, and meet the minimum
requirements. Each Bidder determined to be responsive, responsible, and qualified shallbe deemed to be a “Responsible Bidder”.
B. STEP-TWO
For the second step of the bidding process, Racine County will distribute to eachResponsible Bidder the Sample Project Forms, which have already been prepared andare actual (hypothetical) projects. When completing the Sample Project Form,Responsible Bidders are required to USE THE SAME LINE ITEM PRICING fromAttachment C – Bid Form and apply them to the Sample Projects Forms to be suppliedupon identification of a Responsible Bidder(s) in the first step; a reduction in price for thesample projects outlined in a Responsible Bidder’s Sample Project Form will not beallowable. The final basis for award to the lowest responsible Bidder(s) will result fromthe lowest total dollar amount of the combined sample projects.
II.INSTRUCTION TO BIDDERS
A.SCHEDULE
Issuance of Bid: Wednesday June 15, 2022 Virtual Only Non-MandatoryPre-Bid Meeting: Wednesday June 29 at 10am (CST), 2022 Deadline for Bidder Questions: Wednesday June 29, 2022 by 5pm (CST) Addendum/Questions Answeredfor Solicitation:
Bid Due Date:
Wednesday July 6, 2022 Thursday July 21, 2022 by 1pm (CST)
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B. BIDDER’S QUESTIONS
Bidders are reminded to carefully examine the bid packet and specifications upon receipt. If the Bidder does not fully understand the Invitation for Bid (IFB) or is in doubt as to the County’s ideas or intentions concerning any portion of the IFB, any/all
questions shall be submitted in writing to Duane McKinney, Purchasing Manager by 5:00 p.m. on Wednesday June 29, 2022, either by fax or e-mail for interpretation or correctionof any printed material:
Fax: 262-636-3763 E-mail: Duane.McKinney@racinecounty.com
No verbal explanation or instructions will be given in regard to the meaning of the specifications during the response period. If necessary, in Racine County’s sole discretion, answers to questions will be provided to all specification holders in the form of an addendum. Any addendum will include a list of each question received and Racine County’s response as of the date of the addendum.
C.ADDENDA
Any changes made to the Invitation to Bid after posting will be issued via addenda to all
prospective bidders and if necessary, an extension will be made to the Bid Due Date.The original Invitation to Bid and any addenda will be posted to the Racine CountyWebsite https://www.racinecounty.com/departments/finance/purchasing-rfps-and-bids.
Bidders are responsible for checking this website for any future addenda prior to theopening date. All addenda must be signed and returned with your submitted bid asspecified in the addenda. Bidders who do not return the addenda may have their bidsrejected.
If a vendor receives a bid packet from any source or entity other than the Racine CountyPurchasing Department, the Bidder is responsible for contacting the Racine CountyPurchasing Department and requesting the firm’s name be put on the response list forthe project. Failure to do so in no way obligates the County to send out addendum orother information concerning this request to the firm.
D.VIRTUAL ONLY NON-MANDATORY PRE-BID MEETING
A non-mandatory (virtual only) pre-bid meeting will be held on Wednesday June 29,
2022 at 10am local time held by phone. Due to COVID, Bidders should register for themeeting by Tuesday June 28, 2022 with Duane via above email or (262) 636-3700, toobtain the dial in information.
While non-mandatory, it is strongly encouraged for Bidders to attend the pre-bidmeeting. Oral statements or discussions during the pre-bid meeting will not be binding.Any questions should be submitted in writing per item B. of this Section. Changes, if any,will only be made in writing via Addenda as described in item C. Addenda.
The purpose of this meeting will be to clarify the contents of this IFB in order to preventany misunderstandings of the IFB. Any doubt as to the requirements of this IFB or anyapparent omission or discrepancy should be presented to Racine County at this
INVITATION FOR BID - IFB # RC2002-1001 Page 3 of 119 HVAC PRODUCTS, INSTALLATION, LABOR BASED SOLUTIONS, AND RELATED PRODUCTS AND SERVICES-
conference. Racine County will then determine the appropriate action necessary, if any, and may issue a written addendum to the IFB. Oral statements or instructions will not
constitute an addendum to this IFB. No other Racine County employee or representative is authorized to provide information or interpret any portion of this solicitation. Contact to any Racine County employee or elected official regarding this IFB during this process is
prohibited unless authorized by the Racine County Purchasing Manager.
E.METHOD OF BID
Bidders must submit their bids using the Bid Form documents attached to this IFB and
incorporated herein as Attachment C and shall submit all other information and materials
required by this IFB. Bids written in pencil or in a format other than the attached forms will
be rejected. Erasures or corrections of mistakes on forms submitted shall be initialed or
signed by Bidder. Failure to meet any requirements listed in this solicitation document
may be cause for disqualification of the bid.
Any information considered to be proprietary by a Bidder must be plainly marked as such
and may not include pricing. Racine County makes no warranty or representation as to
the application of the Wisconsin Public Records Law (Wis. Stat. § 19.31, et seq.)(the
“WPRL”) to any documents and information submitted in response to this IFB. Each copy
of the response shall include the Certification of Vendor page and acknowledgement of
addendum(s) if any. A legally authorized representative of the Bidder will sign the
Certification of Vendor page.
F.INCURRING COSTS
Racine County shall not be liable for any costs incurred in replying to this IFB.
G.ADDITIONAL DATA WITH BID
Bidders may include any additional information deemed advantageous to Racine County.
Consideration of additional data and information is to be held optional to Racine County
however if an award is made, it will be awarded as outlined in Section D Award under
Part V. Award Information.
H.DUE DATE
You must submit electronically online using the DemandStar application at
www.DemandStar.com of your bid is to be received by 1:00 p.m. (CST) Thursday July
21, 2022, in the offices of the Racine County Purchasing Division. Bids received after
1:00 p.m. central time as dictated by www.time.gov shall be considered late and will not
be accepted. Late bids will not be accepted. Faxes will not be accepted.
Any Bid received by the County after this date and time will not be accepted. Bidders are
responsible for ensuring that the above office receives its Bid before the deadline. All
Bids will be reviewed and evaluated as described in Part V. Award Information
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I. WITHDRAWAL OF BIDS
Bids may be withdrawn on written or electronic request received from Bidder prior to time and date fixed for bid opening if the bid contains a mistake, omission, or error. Subject to Wis. Stat. § 66.0901(5), negligence on the part of the Bidder in preparing their
bid confers no right for withdrawal of the bid after it has been opened. Bids that are withdrawn prior to the time and date set for bid opening with be returned unopened and the Bidder may not re-submit a bid to this solicitation unless no contract is awarded under this IFB and the IFB is re-advertised.
J.AMENDMENTS TO BIDS
Subject and pursuant to Wis. Stat. § 66.0901(5), each Bidder will be allowed a period offorty-eight (48) hours after the time and date set for receipt of responses to notify theCounty in writing of a material mistake in the bid. However, no changes to the line itemprices in Bid Form, included as part of this bid, are permitted after sealed bids areaccepted by the due date and time outlined in this IFB. Failure of Bidder to notify theCounty in the manner and within the time limit specified above will constitute a waiver bythe Bidder of all rights and remedies relative to a material mistake.
Formal bid amendments thereto or requests for withdrawal of bid received by RacineCounty after time specified for opening will not be considered.
K. BIDS BINDING 90 DAYS
Unless otherwise specified, all formal responses submitted shall be binding for ninety(90)calendar days following the bid opening date.
II.TERMS AND CONDITIONS
A.GENERAL TERMS AND CONDITIONS
The successful Bidder(s) (the “Contractor”) agrees to all of Racine County’s General Terms and Conditions located at https://racinecounty.com/home/showdocument?id=11726 and incorporated by reference
herein.
B.INSURANCE
1. Requirement
Contractor shall procure and maintain in full force and effect for the duration of thisAgreement, insurance protecting against claims for injuries to persons or damages toproperty which may arise from or in connection with performance of the work hereunderby the Contractor, his agents, representatives, employees, or subcontractors.
2.Minimum Limits of Insurance
Each vendor shall obtain insurance at the following minimum limits:
•General Liability
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o $1,000,000 each occurrence
o $1,000,000 personal and advertising injury
o $2,000,000 general aggregate
o $2,000,000 products and completed operations aggregate
•Umbrella Liability Insurance on a following form basis
o $4,000,000 each occurrence
o $4,000,000 aggregate
o Any combination of underlying coverage and umbrella equaling $5,000,000
shall be acceptable.
•Workers Compensation Statutory Limits plus:
o $100,000 E.L. Each Accident
o $100,000 E.L. Disease Each Employee
o $500,000 E.L. Disease Policy Limit
The following applies to all policies:
•The county is named as an additional insured on the general liability, automobile,
and umbrella policies.
•All insurance must be placed with an insurance company with a minimum AM
Best Rating of A- VII
•The insurers shall agree under each required policy of insurance to waive all
rights of subrogation against the insured parties for losses arising from work
performed by the Contractor for Racine County.
The making of progress payments to the Contractor shall not be construed as relieving the Contractor or its subcontractors or insurance carriers providing the coverage described herein for responsibility for loss or direct physical loss, damage or destruction occurring prior to final acceptance of the Work.
3.Deductibles and Self-Insured Retention
Any deductibles or self-insurance retentions must be declared to and approved by Racine County so that the County may ensure the financial solvency of the Contractor. At the option of the County, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the County, its officers, officials, and employees; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. Contractor shall pay all deductibles and be liable for all claims, losses and damages for which it self-insures.
4.Other Insurance Provisions
The policies are to contain, or be endorsed to contain, the following provisions:
1.General Liability, Automobile Liability, and Umbrella/Excess Insurance
a.Additional Insured Requirement. Racine County, its elected and appointed
officials, officers, boards, commissions, officers, employees, representatives,servants, volunteers and agents (hereinafter referred to as “Insured Party” or“Insured Parties”) are to be covered as additional insureds as respects: liabilityarising out of activities performed by or on behalf of the Contractor; products andcompleted operations of the Contractor, premises owned, leased, or used by the
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Contractor; and automobiles owned, leased, hired, or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of
protection afforded to the Insured Parties. Nothing contained in this section shall be construed to require the Contractor to provide liability insurance coverage to the any Insured Party for claims asserted against such Insured Party for its sole
negligence.
b.Primary Insurance Requirement. The Contractor's insurance coverage shall beprimary and noncontributing insurance as respects to any other insurance or self-insurance available to the Insured Parties. Any insurance or self-insurancemaintained by the Insured Parties shall be in excess of the Contractor'sinsurance and shall not contribute with it.
c.Reporting Requirement. Any failure to comply with reporting provisions of thepolicies shall not affect coverage provided to the Insured Parties.
d.Separate Coverage. Coverage shall state that the Contractor's insurance shallapply separately to each Insured Party against whom claim is made or suit isbrought.
e.Defense Costs/Cross Liability. Coverage shall be provided on a “pay on behalf”basis, with defense costs payable in addition to policy limits. There shall be no
cross liability exclusion.
5.Workers’ Compensation and Employers Liability Coverage
The Contractor shall have and maintain in full force and effect for the duration ofthis Agreement, insurance protecting against claims for injuries to persons ordamages to property which may arise from or in connection with the performanceof the Work by the Contractor, its agents, representatives, employees orsubcontractors. The insurer shall agree to waive all rights of subrogation againstRacine County, and its officers, officials, employees and volunteers for lossesarising from the work performed by the Contractor for Racine County.
6.Waiver of Subrogation
The insurers shall agree under each policy of insurance required by this Contractto waive all rights of subrogation against the Insured Parties for losses arisingfrom work performed by the Contractor for Racine County.
7.All Coverages
1.Notice Requirement.
Each insurance policy required by this Contract shall be endorsed to state thatcoverage shall not be suspended, voided, canceled, reduced in coverage or inlimits except after thirty (30) days' prior written notice by certified mail, returnreceipt requested, has been given to Racine County Courthouse, Purchasing
Department, 730 Wisconsin Avenue, Racine WI 53403. The County reserves theright to accept alternate notice terms and provisions provided they meet theminimum requirements under Wisconsin law.
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2. Acceptability.
The insurance to be maintained by Contractor must be issued by a companylicensed or approved to transact business in the State of Wisconsin. Such
insurance shall be placed with insurers with a Best's Policyholder’s Rating of “A”or better and with a financial rating of Class VII or greater, or be otherwiseacceptable to Racine County. All policies shall be subject to approval by theRacine County Corporation Counsel as to form and content.
3. Failure of Insurers.
The Contractor shall be responsible for any delay resulting from the failure of anyinsurer to furnish proof of coverage in the prescribed form.
8.Verification of Coverage
Prior to execution of the contract, Contractor shall furnish Racine County withcertificates of insurance and endorsements to the policies evidencing all
coverages required by this Contract. Additionally, the declarations page for eachinsurance policy listed on the certificate of insurance shall be submitted to theCounty. The certificates and endorsements for each insurance policy are to be
signed by a person authorized by that insurer to bind coverage on its behalf. Thecertificates shall reference the contract and provide for thirty (30) days advancenotice of cancellation or non-renewal during the term of the contract. Racine
County reserves the right to require complete, certified copies of all requiredinsurance policies at any time. The contractor shall provide proof that anyexpiring coverage has been renewed or replaced prior to the expiration of thecoverage.
9.Subcontractors
Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated in this Agreement, including, but not limited to, naming the Insured Parties as
additional insureds. The Contractor shall not allow any subcontractor to commence work until the aforementioned requirements are met.
C.USE OF PREMISES
The Successful Bidder(s), also referred to as Contractor, shall confine their equipment,
the storage of materials and the operations of their work persons to the limits of the workarea or in accordance with the directions of the County, laws, ordinances and permits,and shall not unreasonably encumber the premises with their materials. All constructionmaterials, shelter, vehicle parking and storage shall be confined to site. Locations ofsuch storage shall be approved in advance by the County.
The Contractor is responsible for any damage done to the building structure, existinghallways, doors etc., that is not part of the scope of work and was damaged during theconstruction period by the Contractor.
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The County shall have the right to use or occupy the premises and use the whole or any
part of the work area as is possible without interference with the work prior to its final acceptance. Such use is not to be taken as an acceptance by the County of the whole or any part of the work performed under this contract.
The Contractor is responsible for obtaining any necessary licenses and permits, and for complying with any applicable Federal, State, and municipal laws, codes, and regulations in connection with the prosecution of the work without additional expense. The Contractor is similarly responsible for all damages to persons or property that occurs because of their fault or negligence. The Contractor shall take proper safety and health precautions to protect the work, the workers, the public, and the property of others. The Contractor is also responsible for all materials delivered and work performed until completion and acceptance of the entire construction work, except for any completed unit of construction previously accepted.
D.LIEN WAIVERS
If Contractor requires multiple payments, all requests will be only for work completed at
date of application. Lien Waivers will be provided.
All necessary lien waivers are required with each request for payment. Lien waivers for
first pay request total may be submitted at time of second pay request only if approvedby Owner. Accurate sequencing henceforth will be followed. Final lien waivers will beprocessed and ready for distribution to Owner prior to final payment being processed.
All Lien waivers will contain the following language, clearly typed:
“Except for retainage, if applicable, there are no outstanding Claims made against the Owner and/or its lenders and guarantors, or the Project, in connection with the work performed in the construction of the Project through the Period Date, except as set forth in Exhibit A attached hereto, if any, and no such claims set forth on Exhibit A have been included in the Application for Payment dated as of the Application Date.”
E. BONDS
1.PERFORMANCE & PAYMENT BONDSWhen required by the Participating Public Agency, the Contractor shall furnish a
Performance Bond and Labor and Materials Payment Bond covering the faithfulperformance of the contract and the payment of all obligations arising there underand complying with the requirements of Wisconsin’s law or the applicable state of the
Participating Public Agency. Both bonds shall be in the amount of one hundredpercent (100%) of the contract amount and shall name the Participating PublicAgency as an oblige. Companies issuing bonds must be licensed to write bonds inthe state of the Participating Public Agency. The Contractor shall pay premiums forrequired bonds. Obtaining of bonds by the Contractor shall be a condition precedentto effectuation of the Master Agreement between the Participating Public Agency and
Contractor. If additional work is authorized, the amount of the bonds shall beincreased to cover the value of the increased contract sum.
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F. PERMITS, CODES AND ORDINANCES
Contractor shall, at his own expense, obtain all necessary permits and licenses and comply with municipal and State laws, ordinances, and regulations.
Should any change in the plan and scope of work be required to conform to law and /or ordinances, Contractor shall notify the County before submitting his quote. After entering a contract, the Contractor shall be held to complete all work necessary to meet the above local requirements without extra expense to the County.
G.STANDARDS AND JOB SITE SAFETY
Contractor shall perform all work in accordance with the best present-day practices andconform and test in accordance with the applicable sections of the latest revisions of thecodes and standards listed in the scope of work. In the event of a conflict between thereferenced codes, standards, scope of work and plans, the one establishing the moststringent requirement will be followed.
Contractor shall be totally responsible for initiating, instituting, enforcing, maintaining,
and supervising all safety precautions and job site safety programs in connection withthe work. The Contractor shall take all reasonable precautions for the safety of all itsemployees and all other persons who may be on the job site. In that regard, Contractor
shall comply with all applicable Federal, State, and local laws, ordinances, rules andregulations and order of any public authority having jurisdiction for the safety of personsor property or to protect them from damage, injury, or loss. Contractor shall erect and
maintain as required by existing conditions and the progress of the work, all reasonablesafeguards for safety and protection, including posting of danger signs and otherwarnings against hazard, promulgating safety regulations and notifying owners andusers of adjacent utilities. County does require that Contractor comply, at a minimum,with the safety regulations of County as set out in the scope of work for this contract, toprotect County’s employees who may be on the job site.
Enactment of safety precautions and regulations; placement and provision of safetymaterial, barricades, etc.; and use or provision of all required safety equipment shall bethe sole responsibility of the Contractor whose employees or subcontractors areexposed to the applicable hazard or whose work endangers surrounding persons,
property, equipment, contractors, etc.
H.INSPECTION/CLOSE OUT PROCEDURES
All materials used and all work completed by the Contractor shall be always subject tothe examination, observation, and approval of the County.
At their discretion, the County shall have the authority to suspend work that does notcomply with plans and scope of work and reject non-complying work and materialsprovided, however, that the failure of such inspector to reject non-complying work andmaterial shall not constitute a waiver by the County of any rights of the County.
For final acceptance, the County shall inspect the work included in the contract as soonas practical after notification by the Contractor that such work has, in their opinion, beencompleted and final cleanup has been performed. Should the inspection disclose any
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work, in whole or in part, as being unsatisfactory, the County will give the Contractor the necessary instructions for correction of the same, and the Contractor shall immediately
comply with and execute such instructions. Upon correction of the work, another inspection will be made which shall constitute the final inspection provided the work has been satisfactorily completed.
I.BIDDER SUPPLIED DOCUMENTATION AND MATERIALS; CONFIDENTIALITY
All Bidder-supplied materials, including the Bidder’s Bid, become the property of RacineCounty.
Bidder acknowledges that Racine County is an “authority” for the purposes of the WPRL.Any information obtained by Racine County is considered public records and will besubject to disclosure under the WPRL, except for information falling within one of theexemptions therefrom. Racine County is required to and shall comply with the WPRL inrelation to any records, documents and information related to its dealings and
relationship with the Bidder. Nothing in the Master Agreement shall be deemed orconstrued as a limitation on Racine County’s discretion relating to compliance with theWPRL or other applicable law.
Notwithstanding the foregoing, if any of the material a Bidder provides is confidential oris a proprietary trade secret, Bidder may mark that material with a “Confidential” stamp.
While Racine County will attempt to keep such information confidential, as an authority,it cannot guaranty that it will remain confidential. Racine County will endeavor to informBidders of a public records request to view or obtain such information. Any Bidder maycontest such a request at its sole expense. Racine County assumes no responsibility forany liability whatsoever in relation to its compliance with the WPRL.
J.AFFIRMATIVE ACTION; NON-DISCRIMINATION
Racine County is committed to fulfilling its role as an Affirmative Action/EqualOpportunity Employer. We request your vigorous support of our Affirmative Actionefforts. Our relationship with your agency is based upon your willingness to accept and
comply with Executive Order 11246, as amended, and other federal laws requiring equalemployment opportunity without regard to race, religion, color, national origin, sex,disability or veteran status. By signing the Certification of Vendor, you indicate your
acceptance and compliance.
In connection with the performance of work awarded under this IFB, the Contractor
agrees not to discriminate against any employee or applicant for employment because ofage, race, religion, color, handicap, sex, physical condition, developmental disability asdefined in Wis. Stat. § 51.01(5)(a), sexual orientation as provided in Wis. Stat. § 111.36,national origin, or military service as provided in Wis. Stat. § 111.355(1). This provisionshall include, but not be limited to the following: employment, upgrading, demotion, ortransfer; recruitment or recruitment advertising; layoff or termination; rates of pay orother forms of compensation; and selection for training, including apprenticeship. TheContractor further agrees to take affirmative action to ensure equal employmentopportunities. The Contractor agrees to post in conspicuous places, available foremployees and applicants for employment, notices to be provided by the contractingofficer setting forth the provisions of the non-discrimination clause (Wis. Stat. § 16.765
(2)).
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K. NATIONAL CONTRACT
Subject to its fiduciary and statutory obligations, Racine County, as the Principal Procurement Agency, defined in Attachment D – National Cooperative Contract to be
Administered by OMNIA Partners, has partnered with OMNIA Partners, Public Sector (“OMNIA Partners”) to make the resultant contract (also known as the “Master Agreement” in materials distributed by OMNIA Partners) from this solicitation available to other public agencies nationally, including state and local governmental entities, public and private primary, secondary and higher education entities, non-profit entities, and agencies for the public benefit (“Public Agencies”), through OMNIA Partners’ cooperative purchasing program. Racine County is acting as the contracting agency for any other Public Agency that elects to utilize the resulting Master Agreement. Use of the Master Agreement by any Public Agency is preceded by their registration with OMNIA Partners (a “Participating Public Agency”) and by using the Master Agreement, any such Participating Pubic Agency agrees that it is registered with OMNIA Partners, whether
pursuant to the terms of a Master Intergovernmental Cooperative Purchasing Agreement, a form of which is attached hereto on Attachment D – National Cooperative Contract, or as otherwise agreed to. Attachment D – National Cooperative Contract
contains additional information about OMNIA Partners and the cooperative purchasing agreement.
OMNIA Partners is the largest and most experienced purchasing organization for public and private sector procurement. Through the economies of scale created by OMNIA Partners public sector subsidiaries and affiliates, National IPA and U.S. Communities, our participants now have access to more competitively solicited and publicly awarded cooperative agreements. The lead agency contracting process continues to be the foundation on which we are founded. OMNIA Partners is proud to offer more value and resources to state and local government, higher education, K-12 education and non-profits.
OMNIA Partners provides shared services and supply chain optimization to government, education, and the private sector. With corporate, pricing and sales commitments from
the Vendor, OMNIA Partners provides marketing and administrative support for the Contractor that directly promotes the Contractor’s products and services to Participating Public Agencies though multiple channels, each designed to promote specific products
and services to Public Agencies on a national basis. Participating Public Agencies benefit from pricing based on aggregate spend and the convenience of a contract that has already been advertised and publicly competed. The Contractor benefits from a
contract that generally allows Participating Public Agencies to directly purchase goods and services without the Contractor’s need to respond to additional competitive solicitations. As such, the Contractor must be able to accommodate a nationwide demand for services and to fulfill obligations as a nationwide Contractor and respond to the OMNIA Partners documents (Attachment D).
While no minimum volume is guaranteed to the awarded Contractor(s), the estimated annual volume of HVAC Products, Installation, Labor Based Solutions, and Related Products and Services purchased under the Master Agreement through OMNIA Partners is approximately $500M. This projection is based on the current annual volumes among the Racine County and other Participating Public Agencies anticipated to utilize the
resulting Master Agreement to be made available to them through OMNIA Partners, and
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volume growth into other Public Agencies through a coordinated marketing approach between the awarded Bidder(s) and OMNIA Partners.
The successful Bidder(s) will be required to sign Attachment D – National Cooperative Contract to be Administered by OMNIA Partners, Exhibit B – Administration Agreement.
Contractors should have any reviews required to sign the document prior to submitting a response.
Notwithstanding the foregoing, Racine County makes no representation or warranty concerning the use of the Master Agreement by any other Participating Public Agency.
III.HVAC PRODUCTS, INSTALLATION, LABOR BASED SOLUTIONS, AND RELATEDPRODUCTS AND SERVICES
The requirements identified in this section represent the products and services currentlybeing used and are the basis for the resulting contract. The following specifications are
minimum acceptable requirements. Bid specifications may not be revised without an officialwritten addendum issued by the Purchasing Coordinator.
A.DESCRIPTION OF WORK
The expected outcome of this IFB is to enter into a contractual relationship with a business
partner(s) who will provide a comprehensive selection of HVAC products and solutions, including complete turn-key services. Vendors are to provide a broad selection of HVAC EQUIPMENT, INSTALLATION, LABOR BASED SOLUTIONS, AND RELATED PRODUCTS AND SERVICES. The intent of this IFB is to provide Participating Public Agencies with products, services and turn-key solutions to meet their various needs. Therefore, the Vendors should have demonstrated experience in providing similar Products and Services as defined in this solicitation, including but not limited to:
1.HVAC Equipment and Products: This includes, but is not limited to, all commercialequipment such as chillers: air-cooled chillers, water-cooled chillers, compressor chillers,ancillary chiller water plant equipment and absorption liquid chillers; unitary systems thatcombine heating, cooling and fan sections: rooftop systems, split systems, self-containedsystems and water source heat pumps; air handling systems: performance air handlers, blowercoil air handlers, make-up air gas heating systems, air handler options and air cleaning options;
terminal devices: unit heaters, unit ventilators, fan coil units, ventilation fans and variable airvolume; ductless variable refrigerant volume units; dedicated outdoor air systems; replacementcoils; automation equipment; parts and aftermarket products and any other HVAC products
offered by Bidder.
2.Installation and Services: This includes, but is not limited to, any installation of newequipment, maintenance of existing systems, upgrading of existing infrastructure, turn-keyservices and any other installation and services offered by Bidder.
3.Related Products, Solutions, and Other Services: This includes, but is not limited to,new, and/or retrofitting older products and solutions, HVAC equipment controls, ancillaryservices, thermostats, sensors, energy programs, design and analysis tools, commissioning,building management and/or certifications, enterprise management, rental and lease services,
financial services, training and/or educational services, municipal services, and any other
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related products and services offered by Bidder.
B.TERM
The term of the Master Agreement will be for five (5) years following the contract award date
with the option to review for one (1) additional five (5) year period. The anticipated full term of the contract is ten (10) years. The awarded Bidder(s) shall have the right to enter local
“service” agreements with Participating Public Agencies accessing the contract through
OMNIA Partners, so long as the effective date of such agreement is prior to the expiration of
the Contract. All local agreements may have a full potential term (any combination of initial and renewal periods) subject to the discretion of the Participating Public Agency. Any job
orders, project agreements, or maintenance agreements executed against the Master
Agreement during the effective term may survive beyond the expiration of the Master
Agreement as established and agreed to by both parties.
Racine County may terminate the Master Agreement without penalty due to the non-
appropriation of funds, or for cause or convenience in accordance with the procedures set forth in the Master Agreement.
Participating Agencies commonly require a modification to a term of the Contract (e.g.,
governing law). The awarded Bidder and Participating Agencies may agree to modify terms
on any specific purchase by a Participating Agency without being in conflict with the
Contract.
C. PRICING
Labor rates should be based on regional and national rates. The Awarded Bidder may submit requests for labor rate increases on an annual basis, sixty (60) days prior to the anniversary contract date. Price increase requests are not automatic and must be approved by Racine County. The request for a change in the rate outside of the anniversary contract date shall include: (1) the cause for the adjustment and (2) the amount of the change requested with documentation to support the requested adjustment (i.e.: appropriate Bureau of Labor Statistics index).
The pricing structure, or percent discount for product pricing should remain fixed for the term of the contract.
The Awarded Bidder agrees to offer all future product and service introductions at similar pricing as that offered through this solicitation and contract.
D.ALTERNATIVE COSTING METHOD
If a project requires products and services that are not covered on the Bid Form or if a
product or service is required that is more appropriate to be custom designed and manufactured to meet an individual project site’s conditions and/or provided for a unique application or project, the Contractor may use the alternative costing method as follows:
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The Contractor will be required to:
Obtain three (3) written cost proposals from local providers: • Use the most advantageous cost proposals; • Apply the discount as submitted on the Response Form; and
• All products and services falling under this category must be submitted in advance and approved by the Participating Public Agency prior to being included in any quote or proposal from the Contractor. E. PRICE LIST FOR ADDITIONAL PRODUCTS The intent is to enter into a Master Agreement for a complete line of HVAC products, installation, labor based solutions, and related products and services. Therefore, in addition to specific line items listed on the pricing schedules, Bidders are encouraged to provide Manufacturer’s Price Lists for additional related products including green products as well as current catalogs and price lists. Bidders shall attach to the Bid Form one (1) copy of one (1) price list or retail price sheet, clearly marking the column to which the discount is applied for each item listed. Manufacturer’s Price Lists shall be the currently published National Standard Manufacturer’s Price Lists. The Bidder’s Retail Price Sheets shall be the current
Price Sheet at the time of bid submission. Bidders shall quote the percentage of discount from the Manufacturer’s Price List or Retail Price Sheet cited above and shall furnish a copy of same with the bid submission. Discounts must be stated as a single percentage.
FAILURE TO PROVIDE THE MANUFACTURER’S PRICE LIST OR RETAIL PRICE SHEET MAY BE CAUSE FOR REJECTION OF THE BID. When award is made, current catalogs and price lists provided by the Bidder shall become a part of the contract. The Bidder’s name and address shall appear on all catalogs and price lists. Where the price list shows more than one (1) column of prices, Bidder shall clearly mark the column which represents its bid. If a fee or charge is to be made, it should be indicated on the Bid Form. F. SPECIAL OFFERS AND PROMOTIONS In addition to decreasing prices for the balance of the Contract term due to a change in market conditions, Contractor may conduct sales promotions involving price reductions for a specified lesser period. Contractor may offer Participating Agencies competitive pricing which is lower than the not-to-exceed price set forth herein at any time during the Contract term and such lower pricing shall not be applied as a global price reduction under the
Contract. IV. BID SUBMITTAL INSTRUCTIONS
To adequately review bids uniformly and objectively, all bids should be submitted according to the format detailed below. The bid should be prepared simply and economically,
providing straightforward and concise information as requested. Use of existing materials, brochures and other standard preprinted materials containing information responsive to the requests in the solicitation, if available, are encouraged as a method to reduce your response time. However, unnecessary elaborate brochures or other presentations beyond that required to present a complete and effective bid are not desired. Racine County reserves the right to reject any bid not properly formatted.
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A. CERTIFICATION OF VENDOR PAGE Place this page on top of the original and each copy of your complete bid. See page 23.
B. TABLE OF CONTENTSInclude clear identification of the material to be used.
C.EXECUTIVE SUMMARYLimit to one or two pages. Briefly state the Bidder’s understanding of the service to beprovided and a positive commitment to perform the services as defined in the IFB.
D.RESPONSIBLE BIDDERFailure of Bidder to provide the required information, may result in a determination that
Bidder is a non-responsive bidder. If Bidder does not adequately demonstrate the
minimum qualifications, as outlined throughout this section, Bidder may be deemed not
qualified and responsible. Bidders must demonstrate that they have the resources and
capability to provide the materials and services described herein. The following minimum
criteria shall be met to be eligible for this contract:
•Bidders shall demonstrate that they are financially stable;
•Bidder shall have been in business providing similar service for at least the last
three (3) years;
•Bidders should have the capability of providing a combination of products,
services, consulting, or other labor-based solutions to accommodate the range of
products and services utilized by Participating Public Agencies; and
•Bidders shall be properly licensed and incorporated to do business in the State of
Wisconsin.
Racine County reserves the right to make such additional investigations as it deems
necessary to verify a Bidder submitting a bid is qualified and responsible to include
investigating Bidder’s past work with Racine County and Racine County employees.
In addition to the pricing and certification information indicated under item D. Award
under V. Award Information, Bidders will submit the following items with their bid:
1.Include a detailed response to Attachment D, Exhibit A, OMNIA Partners
Response for National Cooperative contract, to show proof of organizational
capacity, equipment, and technical competency.
a.Racine County makes no representation or warranty concerning the
use of the Master Agreement by any other Participating Public Agency.b. The lowest responsible Bidder(s) will be required to sign Attachment D,Exhibit B, OMNIA Partners Administration Agreement.
c. If applicable, provide a sample of additional agreements thatParticipating Public Agencies may be asked to sign.2.Provide proof of a positive balance sheet and profitable business operations fortwo (2) of the last three (3) years.3.Provide business license and applicable information that Bidder can do businessin the State of Wisconsin. List the states where other business or contractorlicenses are held.4.Proof of insurance.
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5.Describe Bidder’s bonding capacity and capability of securing high dollarPerformance Bonds.
6.A completed and signed W-9 Request for Taxpayer Identification Number andCertification form.7.Furnish background of Bidder, including such information as size of the firm,
legal status (corporation or partnership, etc.) lines of business, management andtechnical expertise, financial position, and years in business. Include any uniqueapproaches or techniques developed and used by the firm.8.Provide a minimum of three (3) comparable references of current work beingperformed. Information shall include name, phone number, fax number and emailaddress of a person that may be contacted. Ideally, at least two (2) referenceswill be with a government facility of similar size. Also include a brief descriptionof the projects. Bidder’s may use the Reference sheets enclosed in this IFB.9.To further demonstrate similar experience and provide proof of performance:a. Include a detailed description of the Services Bidder can perform,including training, start-up and commissioning services, installation,
maintenance, turn-key services, project approach to IndoorEnvironmental Quality (IEQ), repair services, rentals, leases,equipment upgrades, and any other services provided by the Bidder.
•Identify the manufacturer products/brands the Bidder can serviceand support.
•Stipulate the minimum work crew that will be made available at alltimes, ensuring timely and effective project completion. A projectforeman, fluent in English, must be onsite during all constructionactivities and have authority to act on behalf of the Bidder. Eachsite work crew must have at least one journeyman assigned.
•Describe how Bidder selects sub-contractors for service and/orinstallation and how Bidder ensures customer satisfaction related
to the sub-contractors.
•Describe Bidder’s company’s process for submitting a test andbalance report for each piece of equipment installed, includingitems that will be covered in the test and balance report.
•Describe Bidder’s company’s process for delivering acomprehensive commission plan at least two (2) weeks prior tostart-up, including details of what will be covered in the plan.
•Describe Bidder’s company’s scope of work for preventativemaintenance work.
•Describe and define all scenarios in which additional chargeswould apply outside of routine preventive maintenance.
•Describe Bidder’s methodologies for assisting Participating PublicAgencies with recommendations on repairs and upgrades fromdefining the repair/upgrade through the completion of work.
•Describe Bidder’s firm’s process for notifying a Participating PublicAgency when personnel are going to be in a facility, arrival and
departure time and the work performed. How does Bidder handlerequirements for sign-off of work prior to leaving a facility?b. Describe Bidder’s ability to provide temporary cooling/chiller units.c.Describe in detail the depth of product and services Bidder provides andany related products or services being offered. Include:
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• A description of the Products, including all related components and parts to be provided by the major product category.
• A catalog or brochure type information as applicable.
• A matrix breaking out product information on all products, options, accessories such as product type, capacity range, standard warranty information, extended warranty information, estimated lead time/delivery time, etc.
• All necessary technical information relating to operation of equipment and systems, along with list of spare parts recommended by manufacturers with part numbers needed to maintain and efficiently run the systems and equipment. d. Describe Bidder’s record keeping and processing system for work performed. Include:
• Bidder’s ability to provide online access to records.
• State any options for expediting delivery of product.
• State backorder policy. Does Bidder fill or kill order and require Participating Public Agency to reorder if item is backordered?
• State restocking procedures for returning products, if applicable.
• Describe any special programs offered that will improve customers’ ability to access Products and Services, on-time delivery, or other innovative strategies.
• Describe the capacity of Bidder to broaden the scope of the contract and keep the product and service offerings current and
ensure the latest products, standards and technology for HVAC Products, Installation, Labor Based Solutions, and Related Products and Services.
• Describe your Bidder’s safety policy and/or program, including how the policy is communicated to employees, whether the
employees are evaluated on safety, and if any employees are dedicated to safety.
• Describe Bidder’s quality control processes.
• Describe Bidder’s problem escalation process.
• Describe how customer complaints are measured and categorized. What processes are in place to know that a problem has been resolved?
• Describe Bidder’s post-installation support and warranty specifics. Include both product and installation warranty information.
• Describe the process for replacement or repair of defective products and warranty related issues.
• Describe how Bidder evaluates and determines unit repair versus unit replacement.
• Identify all other companies that may be involved in processing, handling, shipping, products and/or services.
• Provide the number, size and location of Bidder’s distribution facilities, warehouses, and retail network as applicable.
• Provide order information to include available ordering methods and available payment terms.
• Provide the number and location of support centers (if applicable).
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• Describe Bidder’s customer service department staffing levels, hours of operation and other relevant details.
• Describe the process for ordering when supply of a unit and installation is involved, specifically addressing whether one purchase order is required for the entire project, or if separate purchase orders are required for ordering the product and
securing installation services.
• Describe Bidder’s internal management system for processing orders from point of customer contact through delivery and billing. Please state if Bidder uses single system or platform for all phases of ordering, processing, delivery, and billing.
• Describe the capacity of Bidder to provide management reports, i.e., commodity histories, procurement card histories, green spend, etc. for each Participating Public Agency. E. BID FORM CRITERIA All pricing submitted using the Bid Form (Attachment C) or a document using the same requested information in the same format. The Bid form shall be inclusive of all fees and service/shipping charges. All prices are FOB destination. Additional pages and pricing
information may be included. Bidder shall also be responsible for compliance with any federal, state, or local prevailing
wage laws. Price/Discounts should remain firm and will include all charges that may be incurred in
fulfilling requirements. Invoices may be audited on a random basis along with the necessary supporting documentation. Billing errors will be promptly adjusted. As part of the bid, Bidders shall provide the following:
• Details of any proposed additional discounts for volume orders, special offers, minimum order quantity, free goods program, total annual spend.
• Comprehensive Product Offering Bidder(s) awarded under this IFB may offer their complete product and service offering/balance of line. Pricing for complete product offering/balance of line items will be determined by a percentage discount from a price list or catalog, or fixed price, or a combination of both with indefinite quantities. Prices listed will be used to establish the extent of a Bidder’s product lines, services, warranties, etc. that are available from Bidder and the pricing per item. Multiple percentage discounts are acceptable if, where different percentage discounts apply, the different percentages are specified. Additional pricing and/or discounts may be included. Products and services proposed are to be priced separately with all
ineligible items identified. Bidders may elect to limit their bids to any category or categories. Where the price list shows more than one column of prices, Bidder shall clearly mark the column which represents the discounted pricing to
Participating Public Agencies.
• Federal Funding Pricing
Due to products and services potentially being used in bid to an emergency or disaster recovery situation in which federal funding may used, if not already
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incorporated as part of the bid, provide alternative pricing that does not include cost plus a percentage of cost or pricing based on time and materials; if time and
materials is necessary, a ceiling price that the contract exceeds at its own risk will be needed. Products and services provided in a situation where an agency is eligible for federal funding, Bidder is subject to and must comply with all federal
requirements applicable to the funding including, but not limited to the FEMA Special Conditions section located in the Federal Funds Certifications Exhibit. V. AWARD INFORMATION A. COMPLIANCE WITH IFB Bids submitted must be in strict compliance with the terms of the solicitation. Failure to
comply with all provisions of the IFB may result in disqualification. B. CONDITIONS OF AWARD
All Bidders, by submission of their respective bids, agree to abide by the rules, regulations, procedures, and decisions of Racine County.
C. QUALIFYING BIDDERS Failure of Bidder to provide the required information, may result in a determination that Bidder is a non-responsive Bidder. If Bidder does not adequately demonstrate the necessary qualifications, as outlined throughout Section IV. Bid Submittal Instructions, and submit the information indicated under item D. Responsible Bidder, Bidder may be deemed not qualified and/or responsible. Racine County reserves the right to make such additional investigations as it deems necessary to verify a Bidder may be deemed not qualified and/or responsible. Racine County reserves the right to make such additional investigations as it deems necessary to verify a Bidder submitting a bid is qualified and responsible to include investigating Bidder’s past work with Racine County and Racine
County employees. D. AWARD
Utilizing the two-step process set forth herein, it is the intent of the County to award the Contract to the lowest responsive responsible Bidder provided the bid has been
submitted in accordance with the requirements of the Contract Documents, the Bidder is adequately qualified, and the bid does not exceed the funds available. Racine County reserves the right to make an award as deemed in its best interest, which may include awarding to a single bidder or multiple bidders; or to award the whole bid, only part of the bid, or none of the bid to single or multiple bidders, based on its sole discretion of its best interest, together with compliance with applicable law. Intent to award will not be
made and a contract will not be executed until Racine County, at its sole discretion, accepts a bid. RACINE COUNTY RESERVES THE RIGHT TO REJECT ANY OR ALL BIDS AND TO WAIVE ANY TECHNICALITY OR ERROR IN ANY BID OR PART THEREIN, AND TO ACCEPT THE SAME OR COMBINATIONS, IN WHOLE OR IN PART, WHICHEVER IS DEEMED TO BE IN THE BEST INTEREST OF RACINE COUNTY IN ITS SOLE AND EXCLUSIVE DISCRETION. While not all inclusive, the following items may be used
when determining if a Bidder is considered responsive and responsible: work schedule,
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technical competency, ability to render satisfactory service, past performance, reputation for providing a quality product, timely delivery of products and/or services, financial
ability, bonding, experience in performance of similar work, references, equipment, and capacity.
For the first step of the bidding process, Bidders will submit their sealed bids with all requested information, to include Certification of Vendor and Attachment C – Bid Form, by the due date and time outlined in this IFB. After the due date and time, all Bidders will be evaluated to determine if they are responsive, responsible, and qualified. Each Bidder determined to be responsive, responsible, and qualified shall be determined to be a “Responsible Bidder.”
As part of the first step of the bidding process, Racine County may seek additional information or clarification from one or more of the Bidders.
If Bidder does not adequately demonstrate the necessary minimum qualifications, Bidder
may be deemed not qualified and/or responsible. Racine County reserves the right to make such additional investigations as it deems necessary to verify a Bidder submitting a bid is qualified and responsible to include investigating Bidder’s past work with Racine County
and Racine County employees.
Award may be made without discussion with Bidder, therefore, Bidders are cautioned that Bidders should be submitted initially on the most favorable terms.
For the second step of the bidding process, Racine County will distribute to each
Responsible Bidder a Sample Project Form to determine which Responsible Bidder(s) constitute the lowest responsible bidder(s) when the bid responses are applied to actual (hypothetical) projects. As indicated in Section I. Project Overview, when responding to the Sample Project Form, Responsible Bidders are required to USE THE SAME LINE ITEM PRICING from Attachment C – Bid Form and apply them to the Sample Projects Form (to be supplied to Responsible Bidders as part of Step-One); a reduction in price for the sample projects outlined in a Responsible Bidder’s Sample Project Form will not be allowable. The final basis for award and lowest responsible Bidder(s) will result from the lowest total dollar amount of the combined sample projects.
E.TIE BIDS
If two (2) or more Bidders submit identical bids, the decision of the County to makeaward to one or more of such Bidders shall be final.
F.NOTICE OF ACCEPTANCE
Racine County will notify the lowest responsible and responsive Bidder(s) as soon aspractical of the selection. Written notice of award to Bidder(s) in the form of a letter,contract or otherwise, mailed or delivered to the address shown on the Certification ofVendor page will be considered sufficient notice of acceptance of bid.
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REFERENCES
HVAC PRODUCTS, INSTALLATION, LABOR BASED SOLUTIONS, AND
RELATED PRODUCTS AND SERVICES
List three (3) references for construction services to that requested in this IFB.
1.Company: ________________________________________________
Address: _________________________________________________
Contact Person: ________________________________ Phone: ______________
Email address: ___________________________________
Description of project: ____________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
2.Company: ________________________________________________
Address: _________________________________________________
Contact Person: ________________________________ Phone: ______________
Email address: ___________________________________
Description of project: ____________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
3.Company: ________________________________________________
Address: _________________________________________________
Contact Person: ________________________________ Phone: ______________
Email address: ___________________________________
Description of project: ____________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
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CERTIFICATION OF VENDOR
HVAC PRODUCTS, INSTALLATION, LABOR BASED SOLUTIONS, AND RELATED PRODUCTS AND SERVICES The undersigned, submitting this Bid, hereby agrees with all the terms, conditions, and specifications required by the County in this IFB and declares that the attached Bid is in
conformity therewith. The undersigned attests to the following:
• I have reviewed in detail the IFB and all related attachments and information provided by Racine County before submitting this Bid.
• I have full authority to make such statements and to submit this Bid as the duly recognized representative of the Bidder.
SIGNATURE: ______________________________________________________
PRINT NAME: _____________________________________________________
TITLE: ___________________________________________________________
COMPANY: _______________________________________________________
ADDRESS: _______________________________________________________
CITY, STATE, ZIP: _________________________________________________
TELEPHONE: ________________________ FAX: _______________________
E-MAIL: __________________________________________________________
DATE: ___________________________________________________________
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Attachment A Community Development Block Grant Addendum
Purchases made under this contract may be partially or fully funded with federal grant funds. Funding for
this work may include Federal Funding sources, including Community Development Block Grant (CDBG) funds from the U.S. Department of Housing and Urban Development. When such funding is provided,
Contractor shall comply with all terms, conditions and requirements enumerated by the grant funding source, as well as requirements of the State statutes for which the contract is utilized, whichever is the
more restrictive requirement. When using Federal Funding, Contractor shall comply with all wage and latest reporting provisions of the Federal Davis-Bacon Act. HUD-4010 Labor Provisions also applies to
this contract.
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Attachment B Federal Grant Funding Addendum For more information on Federal Grant Funding for ESSER and GEER, please click on the following link: https://www.hcps.org/departments/docs/BusinessServices/Purchasing/FAQs_ESSER_GEER.pdf for Frequently Asked Questions on Elementary and Secondary School Emergency Relief (ESSER) Programs Governor’s Emergency Education Relief (GEER) Programs (U.S. Department of Education Washington, D.C. 20202, May 2021). For more information on Federal Grant Funding for HEERF, please click on the following link: https://www2.ed.gov/about/offices/list/ope/arpfaq.pdf for Higher Education Emergency Relief (HEERF) Fund III Frequently Asked Questions (American Rescue Plan Act of 2021 Published May 11, 2021, updated May 24, 2021).
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Attachment C Bid Form
(To be submitted in a sealed envelope or box as indicated) Bid Form documents are provided. A discount percentage or structure must be clearly delineated. The Bid form shall be inclusive of all fees and service/shipping charges. All prices are FOB destination. Additional pages and pricing information may be included. 1. Definitions
Labor Wage Classification Definitions - definitions as used herein for establishing labor rates. Participating Public Agencies may choose to establish alternative definitions.
LABOR WAGE CLASSIFICATION DEFINITIONS
Architect Professional licensed designer providing Architectural drawings.
Asbestos Worker Worker who removes and disposes of asbestos materials.
Boilermaker
Worker who assembles boilers, tanks, vats and pressure vessels. The duties of the boilermaker include welding, acetylene burning, riveting,
caulking, rigging, fitting up, grounding, reaming and impact machine operating.
Carpenter Worker who builds wood structures or structures of any material which has replaced wood. Includes rough and finish carpentry, hardware and trim.
Carpet/Floor Installer Worker who installs carpet and/or floor coverings and vinyl tile.
Commissioning Agent Agent who ensures proper installation and operation of technical building systems.
Concrete Finisher Worker who floats, trowels, and finishes concrete.
Data Communications / Telecommunications Installer Worker who installs data/telephone and television cable and associated equipment and accessories.
Delivery Personnel Worker who can deliver materials to other HVAC personnel as well as
work as a second man on jobs if necessary.
Drafting Worker who provides detail engineering drawings utilizing CADD type documents.
Drywall/Ceiling Installer Worker who installs metal framed walls and ceilings, drywall coverings, ceiling grids and ceilings.
Duct Cleaner
Worker who cleans air conveyance systems using compressed air tools
and mechanical agitation devices to dislodge dirt and other contaminants from the ductwork and other HVAC components.
Electrician Skilled craftsperson who installs or repairs electrical wiring and devices. Includes fire alarm systems and HVAC electrical controls.
LABOR WAGE CLASSIFICATION DEFINITIONS (continued)
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Elevator Mechanic Craftsperson skilled in the installation and maintenance of elevators.
Engineering Designer
Professional licensed engineer. An Engineering Designer is not a requirement of this solicitation but may be beneficial for Participating
Public Agencies to utilize should they choose. In such case, an Engineering Design may lay out HVAC, plumbing, electrical, structural, or
civil systems.
Fire Proofing Installer Worker who sprays or applies fire proofing materials.
Geothermal Well Field Labor Worker who lays coiled pipe and tests and connects to HVAC equipment in earthen trench.
Glazier Worker who installs glass, glazing and glass framing.
Heavy Equipment Operator
Equipment operator that operates the following, including but not limited to, all Cat tractors, all derrick-powered, all power operated cranes, back-hoe, back filler, power operated shovel, winch truck, all trenching machines.
HVAC Building Automation Technician Worker who can work on low temperature refrigeration equipment as well as small commercial equipment under 60 tons.
HVAC Commercial A/C
Technician Worker who can work on large commercial up to 3000 tons.
HVAC Light Commercial Worker who can work on small commercial up to 25 tons.
HVAC Duct Installer Worker who installs ductwork. Assists with some equipment installation.
HVAC Field Supervisor Worker who monitors quality as well as provide technical support to all other HVAC technician skill levels.
HVAC Filter Technician Worker who changes filters in all types of HVAC equipment as well as minor maintenance on light commercial equipment such as changing worn belts.
HVAC Helper Worker who can assist a commercial or refrigeration technician as well as perform minor analysis and repairs on equipment under 30 tons.
HVAC Refrigeration Technician Worker who can work on low temperature refrigeration equipment as well as small commercial equipment under 60 tons.
Insulator Worker who applies, sprays or installs insulation.
Iron Worker Skilled craftsperson who erects structural steel framing and installs structural concrete rebar.
Laborer/Helper Worker qualified for only unskilled or semi-skilled work, including but not limited to, lifting, carrying materials and tools, hauling, digging, clean-up.
Lather/Plasterer Worker who installs metal framing and lath. Worker who applies plaster to
lathing & installs associated accessories
Light Equipment Operator Includes, but is not limited to, operation of air compressors, truck crane driver, flex plane, building elevator, form grader, concrete mixer (less than 14cf), conveyer.
Mason, Bricklayer Craftsperson who works with masonry products, stone, brick, block, or any material substituting for those materials and accessories.
LABOR WAGE CLASSIFICATION DEFINITIONS (continued)
INVITATION FOR BID - IFB # RC2002-1001 Page 27 of 119 HVAC PRODUCTS, INSTALLATION, LABOR BASED SOLUTIONS, AND RELATED PRODUCTS AND SERVICES-
Metal Building Assembler Worker who assembles pre-made metal buildings.
Millwright Mechanic specializing in the installation of heavy machinery, conveyance, wrenches, dock levelers, hydraulic lifts and align pumps.
Painter/Wall Covering Installer Worker who prepares wall surfaces & applies paint and/or wall covering, tape and bedding.
Pipefitter Trained worker who installs piping systems, chilled water piping and hot water (boiler) piping, pneumatic tubing controls, chillers, boilers and
associated mechanical equipment.
Plumber Skilled craftsperson who installs domestic hot & cold-water piping, waste piping, storm system piping, water closets, sinks, urinals, and related work.
Project Engineer
A Project Engineer is not a requirement but may be beneficial for Participating Public Agencies to utilize should they choose. In such case,
a Project Engineer may monitor engineering documents as well as provide technical support regarding the engineering plans and
specifications as designed by the Professional Engineer. Worker may be responsible for maintaining project status and reports.
Project Manager
Worker who monitors quality as well as provide technical support to all
other HVAC technician skill levels and is responsible for maintaining project status and reports.
Project Administrator
Worker who provides administrative support to all technician skill levels and is responsible for all administrative functions of the project such as billings, contracts, work orders, legal requirements, purchase orders, sales tax certificates as well as proper record keeping.
Roofer Worker who installs roofing materials, Bitumen (asphalt and coal tar) felts, flashings, all types roofing membranes & associated products.
Sheet Metal Worker Worker who installs sheet metal products. Roof metal, flashings and curbs, ductwork, mechanical equipment and associated metals.
Sprinkler Fitter Worker who installs fire sprinkler systems and fire protection equipment.
Terrazzo Worker Craftsperson who places and finishes Terrazzo.
Tile Setter Worker who prepares wall and/or floor surfaces & applies ceramic tiles to these surfaces.
Water Proofer/Caulker Worker who applies water proofing material to buildings. Products include sealant, caulk, sheet membrane, liquid membranes, sprayed, rolled, or brushed.
Test and Balance Technician Certified technician per AABC or NEBB standards trained to perform water and air balance. Also provides sound and vibration testing and
preparing of certified reports.
Infrared Technician Worker who utilizes infrared photography to determine location of thermal heat losses.
INVITATION FOR BID - IFB # RC2002-1001 Page 28 of 119 HVAC PRODUCTS, INSTALLATION, LABOR BASED SOLUTIONS, AND RELATED PRODUCTS AND SERVICES-
LABOR WAGE CLASSIFICATION DEFINITIONS (continued)
Water Treatment Technician
Certified technician who is trained to evaluate analytical test results on boiler system water, condenser water, and chill water samples and to make appropriate recommendations regarding residual levels, cycles, and feed rates.
INVITATION FOR BID - IFB # RC2002-1001 Page 29 of 119 HVAC PRODUCTS, INSTALLATION, LABOR BASED SOLUTIONS, AND RELATED PRODUCTS AND SERVICES-
BID FORM
SECTION A
Product Pricing
Bidder shall include all product pricing using this format as pricing utilized on this form should be
consistent with the individual pricing scenarios that are to be distributed to responsive, responsible, and
qualified Bidders. Use additional space as necessary.
MFG Part No. Product Name Product Description List Price % Discount off List Price Net Price
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BID FORM (CONT'D)
SECTION B
Labor Rates
Normal business hours are defined as: ____________________________
Overtime hours are defined as: ____________________________
Holiday hours are defined as: ____________________________
For all applicable Labor Classifications, using the below format, Bidder shall provide labor rates by geographic
areas, regions, zones or other means for pricing nationally as sample projects included in Step-Two will be
diverse project types including projects from different states and regions outside of Racine County and
Wisconsin. Participating Public Agencies may have differing needs and requirements depending on the scope of their project(s); Participating Public Agencies may determine the appropriate Labor Classifications at their
discretion. If Bidder is unable to provide one or more of the Labor Classifications below (either as part of their
primary staff or as a subcontractor), Bidder should notate that in their response. Pricing utilized on this form will
need to be consistent with the individual pricing scenarios provided to responsible, responsive, and qualified Bidders.
Hourly Rate
Item Labor Classification
Normal
Business
Hours
Overtime Holiday
1 Architect
2 Asbestos worker
3 Boilermaker
4 Concrete finishers
5 Delivery personnel
6 Drafting
7 Drywall and ceiling installers
8 Electricians
9 Engineering design
10 Geothermal well field labor
11 Heavy equipment operators
12 HVAC commercial A/C technician
13 HVAC light commercial
14 HVAC helper
15 HVAC field supervisor
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BID FORM (CONT'D)
SECTION B
Labor Rates (Cont'd)
Hourly Rate
Item Labor Classification Normal
Business Hours Overtime Holiday
16 HVAC refrigeration technician
17 HVAC duct installer
18 HVAC filter technician
19 HVAC building automation technician
20 Infrared technician
21 Insulators
22 Laborers
23 Light equipment operators
24 Metal building assembler
25 Millwrights
26 Operating engineer
27 Painters, wall covering installers
28 Pipefitters
29 Plasterers
30 Plumbers
31 Project manager
32 Project administrator
33 Project engineering
34 Roofers
35 Sheet metal workers
36 Test and balance technician
37 Tile setters
38 Water Proofers, caulkers
39 Water treatment technician
Use additional space as necessary to add any additional
labor categories.
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BID FORM (CONT'D)
SECTION C
Additional Costs
INSTRUCTIONS:
Bidder shall utilize net product prices and labor rates listed in Sections A and B of this Bid Form to determine cost for installation of new equipment, maintenance of existing systems, upgrading of existing infrastructures,
turn-key services and any other installation and services offered. If there are other elements that should also be
taken into consideration, Bidder shall list these elements below and any associated pricing. Pricing utilized on this
form will need to be consistent with the individual pricing scenarios provided to responsible, responsive, and
qualified Bidders.
Any Additional Pricing Elements for Installation, Maintenance,
Upgrades and Turn-Key Services
Cost
List any other elements to be taken into consideration for
installation, maintenance, upgrades and turn-key services
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BID FORM (CONT'D)
SECTION D
Additional Costs
Use the below space to provide pricing for any related products and services your company wishes to be
considered. Pricing utilized on this form will need to be consistent with the individual pricing scenarios provided
to responsible, responsive, and qualified Bidders.
Product or Service Cost
Use additional space as necessary
INVITATION FOR BID - IFB # RC2002-1001 Page 34 of 119 HVAC PRODUCTS, INSTALLATION, LABOR BASED SOLUTIONS, AND RELATED PRODUCTS AND SERVICES-
BID FORM (CONT'D)
SECTION E
Additional Discounts
Insert additional lines as necessary. Pricing utilized on this form will need to be consistent with the individual
pricing scenarios provided to responsible, responsive, and qualified Bidders.
ADDITIONAL DISCOUNTS/INCENTIVES COST
Additional Discounts for volume (i.e., price breaks for multiple
products/services, etc.)
$
$
$
$
Any additional pricing incentives, discounts, or rebates such as for large
volume purchases and services, total spend, etc.
$
$
$
$
Any additional pricing discounts for the purchase of products and services for
groups of Participating Public Agencies in a local geographic area that desire
to combine requirements, i.e., local city, county, school district, housing
authority, transit authority, etc.
$
$
$
$
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ATTACHMENT D
Requirements for National Cooperative Contract To Be Administered by OMNIA Partners
The following documents are used in reviewing and administering national cooperative contracts and are included for Supplier’s review and bid. Exhibit A – Response for National Cooperative Contract
Exhibit B – Administration Agreement, Example
Exhibit C – Master Intergovernmental Cooperative Purchasing Agreement, Example
Exhibit D – Principal Procurement Agency Certificate, Example
Exhibit E – Contract Sales Reporting Template
Exhibit F – Federal Funds Certifications
Exhibit G – New Jersey Business Compliance
Exhibit H – Advertising Compliance Requirement
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Exhibit A Response for National Cooperative Contract
1.0 Scope of National Cooperative Contract Capitalized terms not otherwise defined herein shall have the meanings given to them in the
Master Agreement or in the Administration Agreement between Vendor (sometimes referred to as ‘Supplier’) and OMNIA Partners. 1.1 Requirement
Racine County, Wisconsin (hereinafter defined and referred to as “Principal Procurement Agency”), on behalf of itself and the National Intergovernmental Purchasing Alliance Company, a Delaware corporation d/b/a OMNIA Partners, Public Sector (“OMNIA Partners”), is requesting bids for HVAC Products, Installation, Labor Based Solutions, and Related Products and Services. The intent of this Invitation
for Bid is any contract between Principal Procurement Agency and Vendor resulting from this Invitation for Bid (“Master Agreement”) be made available to other public agencies nationally, including state and local governmental entities, public and private primary, secondary and higher education entities, non-profit entities, and agencies for
the public benefit (“Public Agencies”), through OMNIA Partners’ cooperative
purchasing program. The Principal Procurement Agency has executed a Principal Procurement Agency Certificate with OMNIA Partners, an example of which is included as Exhibit D, and has agreed to pursue the Master Agreement. Use of the Master Agreement by any Public Agency is preceded by their registration with
OMNIA Partners as a Participating Public Agency in OMNIA Partners’ cooperative
purchasing program. Registration with OMNIA Partners as a Participating Public Agency is accomplished by Public Agencies entering into a Master Intergovernmental Cooperative Purchasing Agreement, an example of which is attached as Exhibit C, and by using the Master Agreement, any such Participating Public Agency agrees that it is
registered with OMNIA Partners, whether pursuant to the terms of the Master
Intergovernmental Purchasing Cooperative Agreement or as otherwise agreed to. The terms and pricing established in the resulting Master Agreement between the Vendor and the Principal Procurement Agency will be the same as that available to Participating Public Agencies through OMNIA Partners.
All transactions, purchase orders, invoices, payments etc., will occur directly between the Vendor and each Participating Public Agency individually, and neither OMNIA Partners, any Principal Procurement Agency nor any Participating Public Agency, including their respective agents, directors, employees or representatives, shall be
liable to Vendor for any acts, liabilities, damages, etc., incurred by any other
Participating Public Agency. Vendor is responsible for knowing the tax laws in each state. This Exhibit A defines the expectations for qualifying Vendors based on OMNIA
Partners’ requirements to market the resulting Master Agreement nationally to Public
Agencies. Each section in this Exhibit A refers to the capabilities, requirements, obligations, and prohibitions of competing Vendors on a national level in order to serve Participating Public Agencies through OMNIA Partners.
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These requirements are incorporated into and are considered an integral part of this
IFB. OMNIA Partners reserves the right to determine whether to make the Master
Agreement awarded by the Principal Procurement Agency available to Participating Public Agencies, in its sole and absolute discretion, and any party submitting a response to this IFB acknowledges that any award by the Principal Procurement Agency does not obligate OMNIA Partners to make the Master Agreement available
to Participating Procurement Agencies.
1.2 Marketing, Sales and Administrative Support During the term of the Master Agreement OMNIA Partners intends to provide
marketing, sales, partnership development and administrative support for Vendor
pursuant to this section that directly promotes the Vendor’s products and services to Participating Public Agencies through multiple channels, each designed to promote specific products and services to Public Agencies on a national basis.
OMNIA Partners will assign the Vendor a Director of Partner Development who will
serve as the main point of contact for the Vendor and will be responsible for managing the overall relationship between the Vendor and OMNIA Partners. The Director of Partner Development will work with the Vendor to develop a comprehensive strategy to promote the Master Agreement and will connect the Vendor with appropriate
stakeholders within OMNIA Partners including, Sales, Marketing, Contracting,
Training, and Operations & Support. The OMNIA Partners marketing team will work in conjunction with Vendor to promote the Master Agreement to both existing Participating Public Agencies and
prospective Public Agencies through channels that may include:
A. Marketing collateral (print, electronic, email, presentations)
B. Website
C. Trade shows/conferences/meetings
D. Advertising
E. Social Media
The OMNIA Partners sales teams will work in conjunction with Vendor to promote the Master Agreement to both existing Participating Public Agencies and prospective Public Agencies through initiatives that may include:
A. Individual sales calls
B. Joint sales calls
C. Communications/customer service
D. Training sessions for Public Agency teams
E. Training sessions for Vendor teams
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The OMNIA Partners contracting teams will work in conjunction with Vendor to promote the Master Agreement to both existing Participating Public Agencies and
prospective Public Agencies through:
A. Serving as the subject matter expert for questions regarding joint powers authority
and state statutes and regulations for cooperative purchasing
B. Training sessions for Public Agency teams
C. Training sessions for Vendor teams
D. Regular business reviews to monitor program success
E. General contract administration
Vendors are required to pay an Administrative Fee of 3% of the greater of the Contract Sales under the Master Agreement and Guaranteed Contract Sales under this Invitation for Bid. Vendor will be required to execute the OMNIA Partners Administration
Agreement (Exhibit B).
1.3 Estimated Volume The dollar volume purchased under the Master Agreement is estimated to be
approximately $500M annually. While no minimum volume is guaranteed to Vendor,
the estimated annual volume is projected based on the current annual volumes among the Principal Procurement Agency, other Participating Public Agencies that are anticipated to utilize the resulting Master Agreement to be made available to them through OMNIA Partners, and volume growth into other Public Agencies through a
coordinated marketing approach between Vendor and OMNIA Partners. 1.4 Award Basis The basis of any contract award resulting from this IFB made by Principal
Procurement Agency will, at OMNIA Partners’ option, be the basis of award on a
national level through OMNIA Partners. If multiple Vendors are awarded by Principal Procurement Agency under the Master Agreement, those same Vendors will be required to extend the Master Agreement to Participating Public Agencies through OMNIA Partners. Utilization of the Master Agreement by Participating Public
Agencies will be at the discretion of the individual Participating Public Agency.
Certain terms of the Master Agreement specifically applicable to the Principal Procurement Agency (e.g., governing law) are subject to modification for each Participating Public Agency as Vendor and such Participating Public Agency may agree without being in conflict with the Master Agreement as a condition of the
Participating Agency’s purchase and not a modification of the Master Agreement
applicable to all Participating Agencies. Participating Agencies may request to enter into a separate supplemental agreement to further define the level of service requirements over and above the minimum defined in the Master Agreement (e.g., governing law, invoice requirements, order requirements, specialized delivery,
diversity requirements such as minority and woman owned businesses, historically
underutilized business, etc.) (“Supplemental Agreement”). It shall be the responsibility of the Vendor to comply, when applicable, with the prevailing wage
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legislation in effect in the jurisdiction of the Participating Agency. It shall further be the responsibility of the Vendor to monitor the prevailing wage rates as established by
the appropriate department of labor for any increase in rates during the term of the
Master Agreement and adjust wage rates accordingly. In instances where supplemental terms and conditions create additional risk and cost for Vendor, Vendor and Participating Public Agency may negotiate additional pricing above and beyond the stated contract not-to-exceed pricing so long as the added price is commensurate
with the additional cost incurred by the Vendor. Any supplemental agreement
developed as a result of the Master Agreement is exclusively between the Participating Agency and the Vendor (Contract Sales are reported to OMNIA Partners).
All signed Supplemental Agreements and purchase orders issued and accepted by the
Vendor may survive expiration or termination of the Master Agreement. Participating
Agencies’ purchase orders may exceed the term of the Master Agreement if the purchase order is issued prior to the expiration of the Master Agreement. Vendor is responsible for reporting all sales and paying the applicable Administrative Fee for sales that use the Master Agreement as the basis for the purchase order, even though
Master Agreement may have expired.
1.5 Objectives of Cooperative Program
This IFB is intended to achieve the following objectives regarding availability through
OMNIA Partners’ cooperative program:
A.Provide a comprehensive competitively solicited and awarded national agreementoffering the Products covered by this solicitation to Participating Public Agencies;
B.Establish the Master Agreement as the Vendor’s primary go to market strategy to
Public Agencies nationwide;
C.Achieve cost savings for Vendor and Public Agencies through a single solicitationprocess that will reduce the Vendor’s need to respond to multiple solicitations andPublic Agencies need to conduct their own solicitation process;
D.Combine the aggregate purchasing volumes of Participating Public Agencies to
achieve cost effective pricing.
2.0 REPRESENTATIONS AND COVENANTS
As a condition to Vendor entering into the Master Agreement, which would be available to
all Public Agencies, Vendor must make certain representations, warranties and covenants to
both the Principal Procurement Agency and OMNIA Partners designed to ensure the success of the Master Agreement for all Participating Public Agencies as well as the Vendor.
2.1 Corporate Commitment
Vendor commits that (1) the Master Agreement has received all necessary corporate authorizations and support of the Vendor’s executive management, (2) the Master Agreement is Vendor's primary “go to market” strategy for Public Agencies, (3) the Master Agreement will be promoted to all Public Agencies, including any existing
customers, and Vendor will transition existing customers, upon their request, to the
Master Agreement, and (4) that the Vendor has read and agrees to the terms and
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conditions of the Administration Agreement with OMNIA Partners and will execute such agreement concurrent with and as a condition of its execution of the Master
Agreement with the Principal Procurement Agency. Vendor will identify an executive
corporate sponsor and a separate national account manager within the IFB response that will be responsible for the overall management of the Master Agreement. 2.2 Pricing Commitment
Vendor commits the not-to-exceed pricing provided under the Master Agreement pricing is its lowest available (net to buyer) to Public Agencies nationwide and further commits that if a Participating Public Agency is eligible for lower pricing through a national, state, regional or local or cooperative contract, the Vendor will match such
lower pricing to that Participating Public Agency under the Master Agreement.
2.3 Sales Commitment Vendor commits to aggressively market the Master Agreement as its go to market
strategy in this defined sector and that its sales force will be trained, engaged and
committed to offering the Master Agreement to Public Agencies through OMNIA Partners nationwide. Vendor commits that all Master Agreement sales will be accurately and timely reported to OMNIA Partners in accordance with the OMNIA Partners Administration Agreement. Vendor also commits its sales force will be
compensated, including sales incentives, for sales to Public Agencies under the Master
Agreement in a consistent or better manner compared to sales to Public Agencies if the Vendor were not awarded the Master Agreement. 3.0 VENDOR BID
Vendor must supply the following information for the Principal Procurement Agency to determine if Vendor is qualified and responsible to extend the resulting Master Agreement to Participating Public Agencies through OMNIA Partners.
3.1 Company A. Brief history and description of Vendor to include experience providing similar products and services.
B. Total number and location of salespersons and/or project managers employed by
Vendor to help support Participating Public Agencies.
C. Number and location of support centers (if applicable) and location of corporate office.
D. Annual sales for the three previous fiscal years.
a. Submit FEIN and Dunn & Bradstreet report.
E. Describe any green or environmental initiatives or policies.
F. Describe any diversity programs or partners Vendor does business with and how Participating Agencies may use diverse partners through the Master Agreement. Indicate how, if at all, pricing changes when using the diversity program. If there are any diversity programs, provide a list of diversity alliances and a copy of their
certifications.
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G. Indicate if Vendor holds any of the below certifications in any classified areas and include proof of such certification in the response:
a. Minority Women Business Enterprise
Yes No
If yes, list certifying agency: ___________________________________
b. Small Business Enterprise (SBE) or Disadvantaged Business Enterprise (DBE)
Yes No
If yes, list certifying agency: ___________________________________
c. Historically Underutilized Business (HUB) Yes No If yes, list certifying agency: ___________________________________
d. Historically Underutilized Business Zone Enterprise (HUBZone)
Yes No If yes, list certifying agency: ___________________________________
e. Other recognized diversity certificate holder
Yes No
If yes, list certifying agency: ____________________________________
H. List any relationships with subcontractors or affiliates intended to be used when providing services and identify if subcontractors meet minority-owned standards. If any, list which certifications subcontractors hold and certifying agency.
I. Describe how Vendor differentiates itself from its competitors.
J. Describe any present or past litigation, bankruptcy or reorganization involving Vendor.
K. Felony Conviction Notice: Indicate if the Vendor
a. is a publicly held corporation and this reporting requirement is not
applicable;
b. is not owned or operated by anyone who has been convicted of a felony; or
c. is owned or operated by and individual(s) who has been convicted of a felony and provide the names and convictions.
L. Describe any debarment or suspension actions taken against Vendor
3.2 Distribution, Logistics A. Each offeror awarded under this IFB may offer their complete product and service
offering/a balance of line. Describe the full line of products and services offered
by Vendor. B. Describe how Vendor proposes to distribute the products/service nationwide. Include any states where products and services will not be offered under the Master
Agreement, including U.S. Territories and Outlying Areas.
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C. Describe how Participating Agencies are ensured they will receive the Master
Agreement pricing; include all distribution channels such as direct ordering,
retail or in-store locations, through distributors, etc. Describe how Participating Agencies verify and audit pricing to ensure its compliance with the Master Agreement.
D. Identify all other companies that will be involved in processing, handling or
shipping the products/service to the end user. E. Provide the number, size and location of Vendor’s distribution or other operations facilities, warehouses, and/or retail network as applicable.
3.3 Marketing and Sales A. Provide a detailed ninety-day plan beginning from award date of the Master Agreement describing the strategy to immediately implement the Master
Agreement as Vendor’s primary go to market strategy for Public Agencies to
Vendor’s teams nationwide, to include, but not limited to: i. Executive leadership endorsement and sponsorship of the award as the public sector go-to-market strategy within first 10 days
ii. Training and education of Vendor’s national sales force with participation
from the Vendor’s executive leadership, along with the OMNIA Partners team within first 90 days
B. Provide a detailed ninety-day plan beginning from award date of the Master
Agreement describing the strategy to market the Master Agreement to current
Participating Public Agencies, existing Public Agency customers of Vendor, as well as to prospective Public Agencies nationwide immediately upon award, to include, but not limited to:
i. Creation and distribution of a co-branded press release to trade publications
ii. Announcement, Master Agreement details and contact information published on the Vendor’s website within first 90 days
iii. Design, publication and distribution of co-branded marketing materials within first 90 days
iv. Commitment to attendance and participation with OMNIA Partners at
national (i.e. NIGP Annual Forum, NPI Conference, etc.), regional (i.e. Regional NIGP Chapter Meetings, Regional Cooperative Summits, etc.) and supplier-specific trade shows, conferences and meetings throughout the term of the Master Agreement
v. Commitment to attend, exhibit and participate at the NIGP Annual Forum
in an area reserved by OMNIA Partners for partner Vendors. Booth space will be purchased and staffed by Vendor. In addition, Vendor commits to provide reasonable assistance to the overall promotion and marketing efforts for the NIGP Annual Forum, as directed by OMNIA Partners.
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vi. Design and publication of national and regional advertising in trade publications throughout the term of the Master Agreement
vii. Ongoing marketing and promotion of the Master Agreement throughout its
term (case studies, collateral pieces, presentations, promotions, etc.)
viii. Dedicated OMNIA Partners internet web-based homepage on Vendor’s website with:
• OMNIA Partners standard logo;
• Copy of original Invitation to Bid;
• Copy of Master Agreement and amendments between Principal Procurement Agency and Vendor;
• Summary of Products and pricing;
• Marketing Materials
• Electronic link to OMNIA Partners’ website including the online
registration page;
• A dedicated toll-free number and email address for OMNIA Partners
C. Describe how Vendor will transition any existing Public Agency customers’
accounts to the Master Agreement available nationally through OMNIA Partners.
Include a list of current cooperative contracts (regional and national) Vendor holds and describe how the Master Agreement will be positioned among the other cooperative agreements.
D. Acknowledge Vendor agrees to provide its logo(s) to OMNIA Partners and agrees
to provide permission for reproduction of such logo in marketing communications and promotions. Acknowledge that use of OMNIA Partners logo will require permission for reproduction, as well.
E. Confirm Vendor will be proactive in direct sales of Vendor’s goods and services
to Public Agencies nationwide and the timely follow up to leads established by OMNIA Partners. All sales materials are to use the OMNIA Partners logo. At a minimum, the Vendor’s sales initiatives should communicate:
i. Master Agreement was competitively solicited and publicly awarded by a
Principal Procurement Agency
ii. Best government pricing
iii. No cost to participate
iv. Non-exclusive
F. Confirm Vendor will train its national sales force on the Master Agreement. At a minimum, sales training should include: i. Key features of Master Agreement
ii. Working knowledge of the solicitation process
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iii. Awareness of the range of Public Agencies that can utilize the Master Agreement through OMNIA Partners
iv. Knowledge of benefits of the use of cooperative contracts
G. Provide the name, title, email and phone number for the person(s), who will be responsible for:
i. Executive Support
ii. Marketing iii. Sales iv. Sales Support v. Financial Reporting
vi. Accounts Payable
vii. Contracts H. Describe in detail how Vendor’s national sales force personnel and/or project managers are structured, including contact information for the highest-level
executive in charge of the sales and/or project management team.
I. Explain in detail how the sales or project management teams will work with the OMNIA Partners team to implement, grow and service the national program.
I. Explain in detail how Vendor will manage the overall national program throughout
the term of the Master Agreement, including ongoing coordination of marketing and sales efforts, timely new Participating Public Agency account set-up, timely contract administration, etc.
J. State the amount of Vendor’s Public Agency sales for the previous fiscal year.
Provide a list of Vendor’s top 3 Public Agency customers, the total purchases for each for the previous fiscal year along with a key contact for each. K. Describe Vendor’s information systems capabilities and limitations regarding
order management through receipt of payment, including description of multiple
platforms that may be used for any of these functions. L. Provide the Contract Sales (as defined in Section 12 of the OMNIA Partners Administration Agreement) that Vendor will guarantee each year under the Master
Agreement for the initial three years of the Master Agreement (“Guaranteed
Contract Sales”).
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$_______.00 in year one
$_______.00 in year two
$_______.00 in year three To the extent Vendor guarantees minimum Contract Sales, the Administrative Fee shall be calculated based on the greater of the actual Contract Sales and
the Guaranteed Contract Sales.
M. Even though it is anticipated many Public Agencies will be able to utilize the Master Agreement without further formal solicitation, there may be circumstances where Public Agencies will issue their own solicitations. The following options
are available when responding to a solicitation for Products covered under the
Master Agreement. i. Respond with Master Agreement pricing (Contract Sales reported to OMNIA Partners).
ii. If competitive conditions require pricing lower than the standard
Master Agreement not-to-exceed pricing, Vendor may respond with lower pricing through the Master Agreement. If Vendor is awarded the contract, the sales are reported as Contract Sales to OMNIA Partners under the Master Agreement.
iii. Respond with pricing higher than Master Agreement only in the
unlikely event that the Public Agency refuses to utilize Master Agreement (Contract Sales are not reported to OMNIA Partners).
iv. If alternative or multiple bid and/or proposals are permitted, respond with pricing higher than Master Agreement, and include Master
Agreement as the alternate or additional bid/proposal.
Detail Vendor’s strategies under these options when responding to a solicitation.
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Exhibit B Administration Agreement, Example
ADMINISTRATION AGREEMENT
THIS ADMINISTRATION AGREEMENT (this “Agreement”) is made this ___ day of
______ 20__, between National Intergovernmental Purchasing Alliance Company, a Delaware corporation d/b/a OMNIA Partners, Public Sector (“OMNIA Partners”), and ________________ (“Supplier”). RECITALS WHEREAS, the ___________________ (the “Principal Procurement Agency”) has entered into a Master Agreement effective _________________, Agreement No_______, by and between the Principal Procurement Agency and Supplier, (as may be amended from time to time in
accordance with the terms thereof, the “Master Agreement”), as attached hereto as Exhibit A and incorporated herein by reference as though fully set forth herein, for the purchase of ____________________________ (the “Product”); WHEREAS, said Master Agreement provides that any or all public agencies, including state
and local governmental entities, public and private primary, secondary and higher education entities, non-profit entities, and agencies for the public benefit (collectively, “Public Agencies”), that register (either via registration on the OMNIA Partners website or execution of a Master Intergovernmental Cooperative Purchasing Agreement, attached hereto as Exhibit B) (each, hereinafter referred to as a “Participating Public Agency”) may purchase Product at prices stated in the Master Agreement;
WHEREAS, Participating Public Agencies may access the Master Agreement which is offered through OMNIA Partners to Public Agencies; WHEREAS, OMNIA Partners serves as the cooperative contract administrator of the Master
Agreement on behalf of Principal Procurement Agency; WHEREAS, Principal Procurement Agency desires OMNIA Partners to proceed with administration of the Master Agreement; and
WHEREAS, OMNIA Partners and Supplier desire to enter into this Agreement to make available the Master Agreement to Participating Public Agencies and to set forth certain terms and conditions governing the relationship between OMNIA Partners and Supplier. NOW, THEREFORE, in consideration of the payments to be made hereunder and the mutual
covenants contained in this Agreement, OMNIA Partners and Supplier hereby agree as follows: DEFINITIONS 1. Capitalized terms used in this Agreement and not otherwise defined herein shall have
the meanings given to them in the Master Agreement.
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TERMS AND CONDITIONS
2.The Master Agreement and the terms and conditions contained therein shall apply to
this Agreement except as expressly changed or modified by this Agreement. Supplier acknowledges and agrees that the covenants and agreements of Supplier set forth in the solicitation and Supplier’s response thereto resulting in the Master Agreement are incorporated herein and are an integral part hereof.
3.OMNIA Partners shall be afforded all of the rights, privileges and indemnificationsafforded to Principal Procurement Agency by or from Supplier under the Master Agreement, and such rights, privileges and indemnifications shall accrue and apply with equal effect to OMNIA Partners, its agents, employees, directors, and representatives under this Agreement including, but not limited
to, Supplier’s obligation to obtain appropriate insurance.
4.OMNIA Partners shall perform all of its duties, responsibilities and obligations as thecooperative contract administrator of the Master Agreement on behalf of Principal Procurement Agency as set forth herein, and Supplier hereby acknowledges and agrees that all duties,
responsibilities and obligations will be undertaken by OMNIA Partners solely in its capacity as the
cooperative contract administrator under the Master Agreement.
5.With respect to any purchases by Principal Procurement Agency or any ParticipatingPublic Agency pursuant to the Master Agreement, OMNIA Partners shall not be: (i) construed as a
dealer, re-marketer, representative, partner or agent of any type of the Supplier, Principal Procurement
Agency or any Participating Public Agency; (ii) obligated, liable or responsible for any order for Product made by Principal Procurement Agency or any Participating Public Agency or any employee thereof under the Master Agreement or for any payment required to be made with respect to such order for Product; and (iii) obligated, liable or responsible for any failure by Principal Procurement
Agency or any Participating Public Agency to comply with procedures or requirements of applicable
law or the Master Agreement or to obtain the due authorization and approval necessary to purchase under the Master Agreement. OMNIA Partners makes no representation or guaranty with respect to any minimum purchases by Principal Procurement Agency or any Participating Public Agency or any employee thereof under this Agreement or the Master Agreement.
6.OMNIA Partners shall not be responsible for Supplier’s performance under the MasterAgreement, and Supplier shall hold OMNIA Partners harmless from any liability that may arise from the acts or omissions of Supplier in connection with the Master Agreement.
7. Supplier acknowledges that, in connection with its access to OMNIA Partners
confidential information and/or supply of data to OMNIA Partners, it has complied with and shall continue to comply with all laws, regulations and standards that may apply to Supplier, including, without limitation: (a) United States federal and state information security and privacy statutes, regulations and/or best practices, including, without limitation, the Gramm-Leach-Bliley Act, the
Massachusetts Data Security Regulations (201 C.M.R. 17.00 et. seq.), the Nevada encryption statute
(N.R.S. § 603A), the California data security law (Cal. Civil Code § 1798.80 et. seq.) and California Consumer Privacy Act (Cal. Civil Code § 1798.100 et. seq.); and (b) applicable industry and regulatory standards and best practices (collectively, “Data Regulations”).
With regard to Personal Information that Supplier collects, receives, or otherwise processes
under the Agreement or otherwise in connection with performance of the Agreement, Supplier agrees that it will not: (i) sell, rent, release, disclose, disseminate, make available, transfer, or otherwise
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communicate orally, in writing, or by electronic or other means, such Personal Information to another business or third party for monetary or other valuable consideration; or (ii) retain, use, or disclose
such Personal Information outside of the direct business relationship between Supplier and OMNIA
Partners or for any purpose other than for the specific purpose of performance of the Agreement, including retaining, using, or disclosing such Personal Information for a commercial purpose other than for performance of the Agreement. By entering into the Agreement, Supplier certifies that it understands the specific restrictions contained in this Section 7 and will comply with them. For
purposes hereof, “Personal Information” means information that identifies, relates to, describes, is
reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household, and includes the specific elements of “personal information” as defined under Data Regulations, as defined herein. Supplier will reasonably assist OMNIA Partners in timely responding to any third party “request to know” or “request to delete” (as defined pursuant
to Data Regulations) and will promptly provide OMNIA Partners with information reasonably
necessary for OMNIA Partners to respond to such requests. Where Supplier collects Personal Information directly from Public Agencies or others on OMNIA Partners’ behalf, Supplier will maintain records and the means necessary to enable OMNIA Partners to respond to such requests to know and requests to delete.
8. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, OMNIA PARTNERS EXPRESSLY DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES REGARDING OMNIA PARTNERS’ PERFORMANCE AS A CONTRACT ADMINISTRATOR OF THE MASTER AGREEMENT. OMNIA PARTNERS SHALL NOT BE
LIABLE IN ANY WAY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL,
EXEMPLARY, PUNITIVE, OR RELIANCE DAMAGES, EVEN IF OMNIA PARTNERS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TERM OF AGREEMENT; TERMINATION
9. This Agreement shall be in effect so long as the Master Agreement remains in effect, provided, however, that the provisions of Sections 3 – 8 and 11 – 22, hereof and the indemnifications afforded by the Supplier to OMNIA Partners in the Master Agreement, to the extent such provisions survive any expiration or termination of the Master Agreement, shall survive the expiration or
termination of this Agreement.
NATIONAL PROMOTION 10. OMNIA Partners and Supplier shall publicize and promote the availability of the
Master Agreement’s products and services to Public Agencies and such agencies’ employees.
Supplier shall require each Public Agency to register its participation in the OMNIA Partners program by either registering on the OMNIA Partners website (www.omniapartners.com/publicsector) or executing a Master Intergovernmental Cooperative Purchasing Agreement prior to processing the Participating Public Agency’s first sales order. Upon request, Supplier shall make available to
interested Public Agencies a copy of the Master Agreement and such price lists or quotes as may be
necessary for such Public Agencies to evaluate potential purchases. 11. Supplier shall provide such marketing and administrative support as set forth in the solicitation resulting in the Master Agreement, including assisting in development of marketing
materials as reasonably requested by Principal Procurement Agency and OMNIA Partners. Supplier
shall be responsible for obtaining permission or license of use and payment of any license fees for all content and images Supplier provides to OMNIA Partners or posts on the OMNIA Partners website.
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Supplier shall indemnify, defend and hold harmless OMNIA Partners for use of all such content and images including copyright infringement claims. Supplier and OMNIA Partners each hereby grant to
the other party a limited, revocable, non-transferable, non-sublicensable right to use such party’s logo
(each, the “Logo”) solely for use in marketing the Master Agreement. Each party shall provide the other party with the standard terms of use of such party’s Logo, and such party shall comply with such terms in all material respects. Both parties shall obtain approval from the other party prior to use of such party’s Logo. Notwithstanding the foregoing, the parties understand and agree that except
as provided herein neither party shall have any right, title or interest in the other party’s Logo. Upon
termination of this Agreement, each party shall immediately cease use of the other party’s Logo.
ADMINISTRATIVE FEE, REPORTING & PAYMENT
12.An “Administrative Fee” shall be defined and due to OMNIA Partners from Supplier
in the amount of __ percent (__%) (“Administrative Fee Percentage”) multiplied by the total purchase amount paid to Supplier, less refunds, credits on returns, rebates and discounts, for the sale of products and/or services to Principal Procurement Agency and Participating Public Agencies pursuant to the Master Agreement (as amended from time to time and including any renewal thereof)
(“Contract Sales”). From time to time the parties may mutually agree in writing to a lower
Administrative Fee Percentage for a specifically identified Participating Public Agency’s Contract Sales.
13.Supplier shall provide OMNIA Partners with an electronic accounting report monthly,
in the format prescribed by OMNIA Partners, summarizing all Contract Sales for each calendar
month. The Contract Sales reporting format is provided as Exhibit C (“Contract Sales Report”), attached hereto and incorporated herein by reference. Contract Sales Reports for each calendar month shall be provided by Supplier to OMNIA Partners by the 10th day of the following month. Failure to provide a Contract Sales Report within the time and manner specified herein shall constitute a material
breach of this Agreement and if not cured within thirty (30) days of written notice to Supplier shall
be deemed a cause for termination of the Master Agreement, at Principal Procurement Agency’s sole discretion, and/or this Agreement, at OMNIA Partners’ sole discretion.
14.Administrative Fee payments are to be paid by Supplier to OMNIA Partners at the
frequency and on the due date stated in Section 13, above, for Supplier’s submission of corresponding
Contract Sales Reports. Administrative Fee payments are to be made via Automated Clearing House (ACH) to the OMNIA Partners designated financial institution identified in Exhibit D. Failure to provide a payment of the Administrative Fee within the time and manner specified herein shall constitute a material breach of this Agreement and if not cured within thirty (30) days of written notice
to Supplier shall be deemed a cause for termination of the Master Agreement, at Principal
Procurement Agency’s sole discretion, and/or this Agreement, at OMNIA Partners’ sole discretion. All Administrative Fees not paid when due shall bear interest at a rate equal to the lesser of one and one-half percent (1 1/2%) per month or the maximum rate permitted by law until paid in full.
15.Supplier shall maintain an accounting of all purchases made by Participating Public
Agencies under the Master Agreement. OMNIA Partners, or its designee, in OMNIA Partners’ sole discretion, reserves the right to compare Participating Public Agency records with Contract Sales Reports submitted by Supplier for a period of four (4) years from the date OMNIA Partners receives such report. In addition, OMNIA Partners may engage a third party to conduct an independent audit
of Supplier’s monthly reports. In the event of such an audit, Supplier shall provide all materials
reasonably requested relating to such audit by OMNIA Partners at the location designated by OMNIA Partners. In the event an underreporting of Contract Sales and a resulting underpayment of
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Administrative Fees is revealed, OMNIA Partners will notify the Supplier in writing. Supplier will have thirty (30) days from the date of such notice to resolve the discrepancy to OMNIA Partners’
reasonable satisfaction, including payment of any Administrative Fees due and owing, together with
interest thereon in accordance with Section 13, and reimbursement of OMNIA Partners’ costs and expenses related to such audit. GENERAL PROVISIONS
16. This Agreement, the Master Agreement and the exhibits referenced herein supersede any and all other agreements, either oral or in writing, between the parties hereto with respect to the subject matter hereto and no other agreement, statement, or promise relating to the subject matter of this Agreement which is not contained or incorporated herein shall be valid or binding. In the event
of any conflict between the provisions of this Agreement and the Master Agreement, as between
OMNIA Partners and Supplier, the provisions of this Agreement shall prevail. 17. If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement or to recover any Administrative Fee and accrued interest, the prevailing party shall be
entitled to reasonable attorney’s fees and costs in addition to any other relief to which it may be
entitled. 18. This Agreement and OMNIA Partners’ rights and obligations hereunder may be assigned at OMNIA Partners’ sole discretion to an affiliate of OMNIA Partners, any purchaser of any
or all or substantially all of the assets of OMNIA Partners, or the successor entity as a result of a
merger, reorganization, consolidation, conversion or change of control, whether by operation of law or otherwise. Supplier may not assign its obligations hereunder without the prior written consent of OMNIA Partners.
19. All written communications given hereunder shall be delivered by first-class mail,
postage prepaid, or overnight delivery on receipt to the addresses as set forth below. A. OMNIA Partners:
OMNIA Partners
Attn: President 840 Crescent Centre Drive Suite 600 Franklin, TN 37067
B. Supplier: ____________________ ____________________ ____________________
____________________
20. If any provision of this Agreement shall be deemed to be, or shall in fact be, illegal, inoperative or unenforceable, the same shall not affect any other provision or provisions herein contained or render the same invalid, inoperative or unenforceable to any extent whatever, and this
Agreement will be construed by limiting or invalidating such provision to the minimum extent
necessary to make such provision valid, legal and enforceable.
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21. This Agreement may not be amended, changed, modified, or altered without the prior written consent of the parties hereto, and no provision of this Agreement may be discharged or
waived, except by a writing signed by the parties. A waiver of any particular provision will not be
deemed a waiver of any other provision, nor will a waiver given on one occasion be deemed to apply to any other occasion. 22. This Agreement shall inure to the benefit of and shall be binding upon OMNIA
Partners, the Supplier and any respective successor and assign thereto; subject, however, to the
limitations contained herein. 23. This Agreement will be construed under and governed by the laws of the State of Delaware, excluding its conflicts of law provisions and any action arising out of or related to this
Agreement shall be commenced solely and exclusively in the state or federal courts in Williamson
County Tennessee. 24. This Agreement may be executed in counterparts, each of which is an original but all of which, together, shall constitute but one and the same instrument. The exchange of copies of this
Agreement and of signature pages by facsimile, or by .pdf or similar electronic transmission, will constitute effective execution and delivery of this Agreement as to the parties and may be used in lieu of the original Agreement for all purposes. Signatures of the parties transmitted by facsimile, or by .pdf or similar electronic transmission, will be deemed to be their original signatures for any purpose whatsoever.
[INSERT SUPPLIER ENTITY NAME] NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE COMPANY, A DELAWARE
CORPORATION D/B/A OMNIA PARTNERS, PUBLIC SECTOR Signature Signature Sarah Vavra Name Name Sr. Vice President, Public Sector Contracting Title Title
Date Date
Exhibit C Master Intergovernmental Cooperative Purchasing Agreement, Example
MASTER INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT
This Master Intergovernmental Cooperative Purchasing Agreement (this “Agreement”) is entered into by and between those certain government agencies that execute a Principal Procurement Agency Certificate (“Principal Procurement Agencies”) with National Intergovernmental Purchasing Alliance Company, a Delaware corporation d/b/a OMNIA Partners, Public Sector and/or
Communities Program Management, LLC, a California limited liability company d/b/a U.S.
Communities (collectively, “OMNIA Partners”), in its capacity as the cooperative administrator, to be appended and made a part hereof and such other public agencies (“Participating Public Agencies”) who register to participate in the cooperative purchasing programs administered by OMNIA Partners and its affiliates and subsidiaries (collectively, the “OMNIA Partners Parties”)
by either registering on the OMNIA Partners website (www.omniapartners.com/publicsector or any
successor website), or by executing a copy of this Agreement.
RECITALS
WHEREAS, after a competitive solicitation and selection process by Principal Procurement Agencies, in compliance with their own policies, procedures, rules and regulations, a number of suppliers have entered into “Master Agreements” (herein so called) to provide a variety of goods, products and services (“Products”) to the applicable Principal Procurement Agency and the Participating Public Agencies;
WHEREAS, Master Agreements are made available by Principal Procurement Agencies through the OMNIA Partners Parties and provide that Participating Public Agencies may purchase Products on the same terms, conditions and pricing as the Principal Procurement Agency, subject to any applicable federal and/or local purchasing ordinances and the laws of the State of purchase; and
WHEREAS, in addition to Master Agreements, the OMNIA Partners Parties may from time to time offer Participating Public Agencies the opportunity to acquire Products through other group purchasing agreements.
NOW, THEREFORE, in consideration of the mutual promises contained in this Agreement, and of the mutual benefits to result, the parties hereby agree as follows:
1.Each party will facilitate the cooperative procurement of Products.
2.The Participating Public Agencies shall procure Products in accordance with and
subject to the relevant federal, state and local statutes, ordinances, rules and regulations that govern Participating Public Agency’s procurement practices. The Participating Public Agencies hereby acknowledge and agree that it is the intent of the parties that all provisions of this Agreement and that Principal Procurement Agencies’ participation in the program described herein comply with all
applicable laws, including but not limited to the requirements of 42 C.F.R. § 1001.952(j), as may be amended from time to time. The Participating Public Agencies further acknowledge and agree that they are solely responsible for their compliance with all applicable “safe harbor” regulations, including but not limited to any and all obligations to fully and accurately report discounts and incentives.
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3. The Participating Public Agency represents and warrants that the Participating Public
Agency is not a hospital or other healthcare provider and is not purchasing Products on behalf of a
hospital or healthcare provider; provided that the foregoing shall not prohibit Participating Public Agency from furnishing health care services so long as the furnishing of healthcare services is not in furtherance of a primary purpose of the Participating Public Agency.
4. The cooperative use of Master Agreements shall be in accordance with the terms and
conditions of the Master Agreements, except as modification of those terms and conditions is otherwise required by applicable federal, state or local law, policies or procedures. 5. The Principal Procurement Agencies will make available, upon reasonable request,
Master Agreement information which may assist in improving the procurement of Products by the
Participating Public Agencies. 6. The Participating Public Agency agrees the OMNIA Partners Parties may provide access to group purchasing organization (“GPO”) agreements directly or indirectly by enrolling the
Participating Public Agency in another GPO’s purchasing program, provided that the purchase of
Products through the OMNIA Partners Parties or any other GPO shall be at the Participating Public Agency’s sole discretion. 7. The Participating Public Agencies (each a “Procuring Party”) that procure Products
through any Master Agreement or GPO Product supply agreement (each a “GPO Contract”) will
make timely payments to the distributor, manufacturer or other vendor (collectively, “Supplier”) for Products received in accordance with the terms and conditions of the Master Agreement or GPO Contract, as applicable. Payment for Products and inspections and acceptance of Products ordered by the Procuring Party shall be the exclusive obligation of such Procuring Party. Disputes between
Procuring Party and any Supplier shall be resolved in accordance with the law and venue rules of the
State of purchase unless otherwise agreed to by the Procuring Party and Supplier. 8. The Procuring Party shall not use this Agreement as a method for obtaining additional concessions or reduced prices for purchase of similar products or services outside of the Master
Agreement. Master Agreements may be structured with not-to-exceed pricing, in which cases the
Supplier may offer the Procuring Party and the Procuring Party may accept lower pricing or additional concessions for purchase of Products through a Master Agreement. 9. The Procuring Party shall be responsible for the ordering of Products under this
Agreement. A non-procuring party shall not be liable in any fashion for any violation by a Procuring
Party, and, to the extent permitted by applicable law, the Procuring Party shall hold non-procuring party harmless from any liability that may arise from the acts or omissions of the Procuring Party. 10. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE OMNIA
PARTNERS PARTIES EXPRESSLY DISCLAIM ALL EXPRESS OR IMPLIED
REPRESENTATIONS AND WARRANTIES REGARDING ANY PRODUCT, MASTER AGREEMENT AND GPO CONTRACT. THE OMNIA PARTNERS PARTIES SHALL NOT BE LIABLE IN ANY WAY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR RELIANCE DAMAGES, EVEN IF THE OMNIA PARTNERS
PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, THE
PROCURING PARTY ACKNOWLEDGES AND AGREES THAT THE OMNIA PARTNERS PARTIES SHALL HAVE NO LIABILITY FOR ANY ACT OR OMISSION BY A SUPPLIER OR OTHER PARTY UNDER A MASTER AGREEMENT OR GPO CONTRACT.
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11. This Agreement shall remain in effect until termination by either party giving thirty
(30) days’ written notice to the other party. The provisions of Paragraphs 6 - 10 hereof shall survive
any such termination. 12. This Agreement shall take effect upon (i) execution of the Principal Procurement Agency Certificate, or (ii) registration on the OMNIA Partners website or the execution of this
Agreement by a Participating Public Agency, as applicable.
Participating Public Agency: OMNIA Partners, as the cooperative administrator on behalf of Principal Procurement Agencies:
NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE COMPANY COMMUNITIES PROGRAM MANAGEMENT, LLC
Authorized Signature Signature Sarah E. Vavra
Name Name Sr. Vice President, Public Sector Contracting
Title and Agency Name Title
Date Date
Exhibit D Principal Procurement Agency Certificate, Example
PRINCIPAL PROCUREMENT AGENCY CERTIFICATE In its capacity as a Principal Procurement Agency (as defined below) for National Intergovernmental Purchasing Alliance Company, a Delaware corporation d/b/a OMNIA Partners, Public Sector (“OMNIA Partners”), [PPA Name] agrees to pursue Master Agreements for Products as specified in the attached Exhibits to this Principal Procurement Agency Certificate. I hereby acknowledge, in my capacity as _____________ of and on behalf of [PPA Name] (“Principal Procurement Agency”), that I have read and hereby agree to the general terms and
conditions set forth in the attached Master Intergovernmental Cooperative Purchasing Agreement
regulating the use of the Master Agreements and purchase of Products that from time to time are made available by Principal Procurement Agencies to Participating Public Agencies nationwide through OMNIA Partners.
I understand that the purchase of one or more Products under the provisions of the Master
Intergovernmental Cooperative Purchasing Agreement is at the sole and complete discretion of the Participating Public Agency. Authorized Signature, [PPA Name]________
Signature Name
Title Date
Exhibit E Contract Sales Reporting Template
Contract Sales Report submitted electronically in Microsoft Excel:
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Exhibit F Federal Funds Certifications
FEDERAL CERTIFICATIONS ADDENDUM FOR AGREEMENT FUNDED BY U.S. FEDERAL GRANT
TO WHOM IT MAY CONCERN:
Participating Agencies may elect to use federal funds to purchase under the Master Agreement. This form should be completed and returned.
DEFINITIONS
Contract means a legal instrument by which a non–Federal entity purchases property or services needed to carry out the project or program under a Federal award. The term as used in this part does not include a legal instrument, even if the non–Federal entity considers it a contract, when the substance of the transaction meets the definition of a Federal award or subaward
Contractor means an entity that receives a contract as defined in Contract.
Cooperative agreement means a legal instrument of financial assistance between a Federal awarding agency or pass-through entity and a non–Federal entity that, consistent with 31 U.S.C. 6302–6305: (a)Is used to enter into a relationship the principal purpose of which is to transfer anything of value from the Federalawarding agency or pass-through entity to the non–Federal entity to carry out a public purpose authorized by a law ofthe United States (see 31 U.S.C. 6101(3)); and not to acquire property or services for the Federal government orpass-through entity's direct benefit or use;(b)Is distinguished from a grant in that it provides for substantial involvement between the Federal awarding agencyor pass-through entity and the non–Federal entity in carrying out the activity contemplated by the Federal award.(c) The term does not include:(1) A cooperative research and development agreement as defined in 15 U.S.C. 3710a; or(2)An agreement that provides only:(i) Direct United States Government cash assistance to an individual;(ii)A subsidy;(iii)A loan;(iv) A loan guarantee; or(v)Insurance.
Federal awarding agency means the Federal agency that provides a Federal award directly to a non–Federal entity
Federal award has the meaning, depending on the context, in either paragraph (a) or (b) of this section: (a)(1) The Federal financial assistance that a non–Federal entity receives directly from a Federal awarding agency or indirectly from a pass-through entity, as described in § 200.101 Applicability; or (2)The cost-reimbursement contract under the Federal Acquisition Regulations that a non–Federal entityreceives directly from a Federal awarding agency or indirectly from a pass-through entity, as described in §200.101 Applicability.(b)The instrument setting forth the terms and conditions. The instrument is the grant agreement, cooperativeagreement, other agreement for assistance covered in paragraph (b) of § 200.40 Federal financial assistance, or thecost-reimbursement contract awarded under the Federal Acquisition Regulations.(c)Federal award does not include other contracts that a Federal agency uses to buy goods or services from acontractor or a contract to operate Federal government owned, contractor operated facilities (GOCOs).(d) See also definitions of Federal financial assistance, grant agreement, and cooperative agreement.
Non–Federal entity means a state, local government, Indian tribe, institution of higher education (IHE), or nonprofit organization that carries out a Federal award as a recipient or subrecipient.
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Nonprofit organization means any corporation, trust, association, cooperative, or other organization, not including IHEs, that: (a)Is operated primarily for scientific, educational, service, charitable, or similar purposes in the public interest;(b) Is not organized primarily for profit; and(c)Uses net proceeds to maintain, improve, or expand the operations of the organization.
Obligations means, when used in connection with a non–Federal entity's utilization of funds under a Federal award, orders placed for property and services, contracts and subawards made, and similar transactions during a given period that require payment by the non–Federal entity during the same or a future period.
Pass-through entity means a non–Federal entity that provides a subaward to a subrecipient to carry out part of a Federal program.
Recipient means a non–Federal entity that receives a Federal award directly from a Federal awarding agency to carry out an activity under a Federal program. The term recipient does not include subrecipients.
Simplified acquisition threshold means the dollar amount below which a non–Federal entity may purchase property or services using small purchase methods. Non–Federal entities adopt small purchase procedures in order to expedite the purchase of items costing less than the simplified acquisition threshold. The simplified acquisition threshold is set by the Federal Acquisition Regulation at 48 CFR Subpart 2.1 (Definitions) and in accordance with 41 U.S.C. 1908. As of the publication of this part, the simplified acquisition threshold is $250,000, but this threshold is periodically adjusted for inflation. (Also see definition of § 200.67 Micro-purchase.)
Subaward means an award provided by a pass-through entity to a subrecipient for the subrecipient to carry out part of a Federal award received by the pass-through entity. It does not include payments to a contractor or payments to an individual that is a beneficiary of a Federal program. A subaward may be provided through any form of legal agreement, including an agreement that the pass-through entity considers a contract.
Subrecipient means a non–Federal entity that receives a subaward from a pass-through entity to carry out part of a Federal program; but does not include an individual that is a beneficiary of such program. A subrecipient may also be a recipient of other Federal awards directly from a Federal awarding agency.
Termination means the ending of a Federal award, in whole or in part at any time prior to the planned end of period of performance.
The following provisions may be required and apply when Participating Agency expends federal funds for any purchase resulting from this procurement process. Per FAR 52.204-24 and FAR 52.204-25, solicitations and resultant contracts shall contain the following provisions.
52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Oct 2020)
The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.
(a)Definitions. As used in this provision—Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements,reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
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(b)Prohibition.(1)Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232)prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to— (i)Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to thefacilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or (ii)Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility intoany user data or packets that such equipment transmits or otherwise handles.
(2)Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232)prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewinga contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or servicesas a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies tothe use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under aFederal contract. Nothing in the prohibition shall be construed to—(i)Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to thefacilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or (ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility intoany user data or packets that such equipment transmits or otherwise handles.(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM)(https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".(d)Representation. The Offeror represents that—(1)It □ will, □ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and (2)After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that—It □ does, □ does not use covered telecommunications equipment or services, or use any equipment, system, or servicethat uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section. (e)Disclosures.(1)Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representationin paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer. (i)For covered equipment—(A)The entity that produced the covered telecommunications equipment (include entity name, unique entityidentifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known); (B)A description of all covered telecommunications equipment offered (include brand; model number, such asOEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and (C)Explanation of the proposed use of covered telecommunications equipment and any factors relevant todetermining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision. (ii)For covered services—(A)If the service is related to item maintenance: A description of all covered telecommunications services offered(include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or (B)If not associated with maintenance, the Product Service Code (PSC) of the service being provided; andexplanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision. (2)Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in therepresentation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer: (i)For covered equipment—(A)The entity that produced the covered telecommunications equipment (include entity name, unique entityidentifier, CAGE code, and whether the entity was the OEM or a distributor, if known);
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(B)A description of all covered telecommunications equipment offered (include brand; model number, such asOEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and (C)Explanation of the proposed use of covered telecommunications equipment and any factors relevant todetermining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision. (ii)For covered services—(A)If the service is related to item maintenance: A description of all covered telecommunications services offered(include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or (B)If not associated with maintenance, the PSC of the service being provided; and explanation of the proposeduse of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.
52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Aug 2020).
(a)Definitions. As used in this clause—Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet). Covered foreign country means The People’s Republic of China. Covered telecommunications equipment or services means– (1)Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiaryor affiliate of such entities); (2)For the purpose of public safety, security of Government facilities, physical security surveillance of criticalinfrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities); (3)Telecommunications or video surveillance services provided by such entities or using such equipment; or(4)Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretaryof Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.
Critical technology means– (1)Defense articles or defense services included on the United States Munitions List set forth in the International Trafficin Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations; (2)Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export AdministrationRegulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled- (i)Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biologicalweapons proliferation, nuclear nonproliferation, or missile technology; or (ii)For reasons relating to regional stability or surreptitious listening;(3)Specially designed and prepared nuclear equipment, parts and components, materials, software, and technologycovered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities); (4)Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating toexport and import of nuclear equipment and material); (5)Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code,or part 73 of title 42 of such Code; or (6)Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of2018 (50 U.S.C. 4817). Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources. Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.
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Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high. Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.
(b)Prohibition.(1)Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232)prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. (2)Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232)prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewinga contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception atparagraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver describedin FAR 4.2104. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whetherthat use is in performance of work under a Federal contract.
(c)Exceptions. This clause does not prohibit contractors from providing—(1)A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements;or (2)Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data orpackets that such equipment transmits or otherwise handles.
(d) Reporting requirement.(1)In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essentialcomponent of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil. (2)The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause(i)Within one business day from the date of such identification or notification: the contract number; the ordernumber(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended. (ii)Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: any further availableinformation about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.
(e)Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e) and excludingparagraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items.
The following certifications and provisions may be required and apply when Participating Agency expends federal funds for any purchase resulting from this procurement process. Pursuant to 2 C.F.R. § 200.326, all contracts, including small purchases, awarded by the Participating Agency and the Participating Agency’s subcontractors shall contain the procurement provisions of
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Appendix II to Part 200, as applicable.
APPENDIX II TO 2 CFR PART 200
(A) Contracts for more than the simplified acquisition threshold currently set at $250,000, which is the inflation adjustedamount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council(Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instanceswhere contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate.
Pursuant to Federal Rule (A) above, when a Participating Agency expends federal funds, the Participating Agency reserves all rights and privileges under the applicable laws and regulations with respect to this procurement in the event of breach of contract by either party.
Does offeror agree? YES Initials of Authorized Representative of offeror
(B)Termination for cause and for convenience by the grantee or subgrantee including the manner by which it will beeffected and the basis for settlement. (All contracts in excess of $10,000)
Pursuant to Federal Rule (B) above, when a Participating Agency expends federal funds, the Participating Agency reserves the right to immediately terminate any agreement in excess of $10,000 resulting from this procurement process in the event of a breach or default of the agreement by Offeror as detailed in the terms of the contract.
Does offeror agree? YES Initials of Authorized Representative of offeror
(C)Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet thedefinition of “federally assisted construction contract” in 41 CFR Part 60-1.3 must include the equal opportunity clauseprovided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30CFR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending ExecutiveOrder 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office ofFederal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.”
Pursuant to Federal Rule (C) above, when a Participating Agency expends federal funds on any federally assisted construction contract, the equal opportunity clause is incorporated by reference herein.
Does offeror agree to abide by the above? YES Initials of Authorized Representative of offeror
(D)Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all primeconstruction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliancewith the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations(29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and AssistedConstruction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanicsat a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. Inaddition, contractors must be required to pay wages not less than once a week. The non-Federal entity must place acopy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decisionto 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 mustalso include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented byDepartment of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public WorkFinanced in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor orsubrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, orrepair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non -Federalentity must report all suspected or reported violations to the Federal awarding agency.Pursuant to Federal Rule (D) above, when a Participating Agency expends federal funds during the term of an award for allcontracts and subgrants for construction or repair, offeror will be in compliance with all applicable Davis-Bacon Act provisions.
Does offeror agree? YES Initials of Authorized Representative of offeror
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(E)Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded bythe non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include aprovision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFRPart 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic andlaborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissibleprovided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for allhours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to constructionwork and provide that no laborer or mechanic must be required to work in surroundings or under working conditionswhich are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies ormaterials or articles ordinarily available on the open market, or contracts for transportation or transmission ofintelligence.
Pursuant to Federal Rule (E) above, when a Participating Agency expends federal funds, offeror certifies that offeror will be in compliance with all applicable provisions of the Contract Work Hours and Safety Standards Act during the term of an award for all contracts by Participating Agency resulting from this procurement process.
Does offeror agree? YES Initials of Authorized Representative of offeror
(F)Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of “fundingagreement” under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a smallbusiness firm or nonprofit organization regarding the substitution of parties, assignment or performance ofexperimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient mustcomply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and SmallBusiness Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulationsissued by the awarding agency.
Pursuant to Federal Rule (F) above, when federal funds are expended by Participating Agency, the offeror certifies that during the term of an award for all contracts by Participating Agency resulting from this procurement process, the offeror agrees to comply with all applicable requirements as referenced in Federal Rule (F) above.
Does offeror agree? YES Initials of Authorized Representative of offeror
(G)Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), asamended—Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non -Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean AirAct (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251- 1387). Violationsmust be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency(EPA)
Pursuant to Federal Rule (G) above, when federal funds are expended by Participating Agency, the offeror certifies that during the term of an award for all contracts by Participating Agency member resulting from this procurement process, the offeror agrees to comply with all applicable requirements as referenced in Federal Rule (G) above.
Does offeror agree? YES Initials of Authorized Representative of offeror
(H) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220) must not bemade to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordancewith the Executive Office of the President Office of Management and Budget (OMB) guidelines at 2 CFR 180 thatimplement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235),“Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwiseexcluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than ExecutiveOrder 12549.
Pursuant to Federal Rule (H) above, when federal funds are expended by Participating Agency, the offeror certifies that during the term of an award for all contracts by Participating Agency resulting from this procurement process, the offeror certifies that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency. If at any time during the term of an award the offeror or its principals
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becomes debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency, the offeror will notify the Participating Agency.
Does offeror agree? YES Initials of Authorized Representative of offeror
(I)Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding $100,000must file the required certification. Each tier certifies to the tier above that it will not and has not used Federalappropriated funds to pay any person or organization for influencing or attempting to influence an officer or employeeof any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress inconnection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier mustalso disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award.Such disclosures are forwarded from tier to tier up to the non-Federal award.
Pursuant to Federal Rule (I) above, when federal funds are expended by Participating Agency, the offeror certifies that during the term and after the awarded term of an award for all contracts by Participating Agency resulting from this procurement process, the offeror certifies that it is in compliance with all applicable provisions of the Byrd Anti-Lobbying Amendment (31 U.S.C. 1352). The undersigned further certifies that: (1)No Federal appropriated funds have been paid or will be paid for on behalf of the undersigned, to any person for influencingor attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of congress,or an employee of a Member of Congress in connection with the awarding of a Federal contract, the making of a Federal grant,the making of a Federal loan, the entering into a cooperative agreement, and the extension, continuation, renewal, amendment,or modification of a Federal contract, grant, loan, or cooperative agreement.(2)If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing orattempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of congress,or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shallcomplete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying”, in accordance with its instructions.(3)The undersigned shall require that the language of this certification be included in the award documents for all coveredsub-awards exceeding $100,000 in Federal funds at all appropriate tiers and that all subrecipients shall certify and discloseaccordingly.
Does offeror agree? YES Initials of Authorized Representative of offeror
RECORD RETENTION REQUIREMENTS FOR CONTRACTS INVOLVING FEDERAL FUNDS
When federal funds are expended by Participating Agency for any contract resulting from this procurement process, offeror certifies that it will comply with the record retention requirements detailed in 2 CFR § 200.333. The offeror further certifies that offeror will retain all records as required by 2 CFR § 200.333 for a period of three years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed.
Does offeror agree? YES Initials of Authorized Representative of offeror
CERTIFICATION OF COMPLIANCE WITH THE ENERGY POLICY AND CONSERVATION ACT
When Participating Agency expends federal funds for any contract resulting from this procurement process, offeror certifies that it will comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. 6321 et seq.; 49 C.F.R. Part 18).
Does offeror agree? YES Initials of Authorized Representative of offeror
CERTIFICATION OF COMPLIANCE WITH BUY AMERICA PROVISIONS
To the extent purchases are made with Federal Highway Administration, Federal Railroad Administration, or Federal Transit Administration funds, offeror certifies that its products comply with all applicable provisions of the Buy America Act and agrees to provide such certification or applicable waiver with respect to specific products to any Participating Agency upon request. Purchases made in accordance with the Buy America Act must still follow the applicable procurement rules calling for free and open competition.
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Does offeror agree? YES Initials of Authorized Representative of offeror
CERTIFICATION OF ACCESS TO RECORDS – 2 C.F.R. § 200.336
Offeror agrees that the Inspector General of the Agency or any of their duly authorized representatives shall have access to any documents, papers, or other records of offeror that are pertinent to offeror’s discharge of its obligations under the Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to offeror’s personnel for the purpose of interview and discussion relating to such documents.
Does offeror agree? YES Initials of Authorized Representative of offeror
CERTIFICATION OF APPLICABILITY TO SUBCONTRACTORS
Offeror agrees that all contracts it awards pursuant to the Contract shall be bound by the foregoing terms and conditions.
Does offeror agree? YES Initials of Authorized Representative of offeror
Offeror agrees to comply with all federal, state, and local laws, rules, regulations and ordinances, as applicable. It is further acknowledged that offeror certifies compliance with all provisions, laws, acts, regulations, etc. as specifically noted above.
Offeror’s Name: ____________________________________________________________________________________________
Address, City, State, and Zip Code: _____________________________________________________________________________
Phone Number: __________________________________ Fax Number: ______________________________________
Printed Name and Title of Authorized Representative: _____________________________________________________________________
Email Address: ____________________________________________________________________________________________
Signature of Authorized Representative: ____________________________________Date: _____________________________
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FEMA SPECIAL CONDITIONS
Awarded Supplier(s) may need to respond to events and losses where products and services are needed for the immediate and initial response to emergency situations such as, but not limited to, water damage, fire damage, vandalism cleanup, biohazard cleanup, sewage decontamination, deodorization, and/or wind damage during a disaster or emergency situation. By submitting a bid, the Supplier is accepted these FEMA
Special Conditions required by the Federal Emergency Management Agency (FEMA).
“Contract” in the below pages under FEMA SPECIAL CONDITIONS is also referred to and defined as the “Master Agreement”.
“Contractor” in the below pages under FEMA SPECIAL CONDITIONS is also referred to and defined as
“Supplier” or “Awarded Supplier”.
Conflicts of Interest No employee, officer, or agent may participate in the selection, award, or administration of a contract supported by a FEMA award if he or she has a real or apparent conflict of interest. Such a conflict would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner,
or an organization which employs or is about to employ any of these parties, has a financial or other interest in or a tangible personal benefit from a firm considered for award. 2 C.F.R. § 200.318(c)(1); See also Standard Form 424D, ¶ 7; Standard Form 424B, ¶ 3. i. FEMA considers a “financial interest” to be the potential for gain or loss to the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of these parties as a result of the particular procurement. The prohibited financial interest may arise from ownership of certain financial
instruments or investments such as stock, bonds, or real estate, or from a salary, indebtedness, job offer, or similar interest that might be affected by the particular procurement. ii. FEMA considers an “apparent” conflict of interest to exist where an actual conflict does not exist, but where a reasonable person with knowledge of the relevant facts would question the impartiality of the employee, officer, or agent
participating in the procurement. c. Gifts. The officers, employees, and agents of the Participating Public Agency nor the Participating Public Agency (“NFE”) must neither solicit nor accept gratuities, favors, or
anything of monetary value from contractors or parties to subcontracts. However, NFE’s may set standards for situations in which the financial interest is de minimus, not substantial, or the gift is an unsolicited item of nominal value. 2 C.F.R. § 200.318(c)(1). d. Violations. The NFE’s written standards of conduct must provide for disciplinary actions to be applied for violations of such standards by officers, employees, or
agents of the NFE. 2 C.F.R. § 200.318(c)(1). For example, the penalty for a NFE’s employee may be dismissal, and the penalty for a contractor might be the termination of the contract.
Contractor Integrity
A contractor must have a satisfactory record of integrity and business ethics. Contractors that are debarred or suspended, as described in and subject to the debarment and suspension regulations implementing
Executive Order 12549, Debarment and Suspension (1986) and Executive Order 12689, Debarment and Suspension (1989) at 2 C.F.R. Part 180 and the Department of Homeland Security’s regulations at 2 C.F.R. Part 3000 (Non-procurement Debarment and Suspension), must be rejected and cannot receive contract awards at any level.
Public Policy A contractor must comply with the public policies of the Federal Government and state, local government, or tribal government. This includes, among other things, past and current compliance with the: a.Equal opportunity and nondiscrimination lawsb.Five affirmative steps described at 2 C.F.R. § 200.321(b) for all subcontracting under contracts supportedby FEMA financial assistance; and FEMA Procurement Guidance June 21, 2016 Page IV- 7c.Applicable prevailing wage laws, regulations, and executive orders
Affirmative Steps
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For any subcontracting opportunities, Contractor must take the following Affirmative steps: 1.Placing qualified small and minority businesses and women's business enterprises on solicitation
lists;
2.Assuring that small and minority businesses, and women's business enterprises are solicitedwhenever they are potential sources;
3.Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit
maximum participation by small and minority businesses, and women's business enterprises;
4.Establishing delivery schedules, where the requirement permits, which encourage participation bysmall and minority businesses, and women's business enterprises; and
5.Using the services and assistance, as appropriate, of such organizations as the Small BusinessAdministration and the Minority Business Development Agency of the Department of Commerce.
Prevailing Wage Requirements When applicable, the awarded Contractor (s) and any and all subcontractor(s) agree to comply with all laws regarding prevailing wage rates including the Davis-Bacon Act, applicable to this solicitation and/or Participating Public Agencies. The Participating Public Agency shall notify the Contractor of the applicable
pricing/prevailing wage rates and must apply any local wage rates requested. The Contractor and any subcontractor(s) shall comply with the prevailing wage rates set by the Participating Public Agency.
Federal Requirements If products and services are issued in response to an emergency or disaster recovery the items below, located in this FEMA Special Conditions section of the Federal Funds Certifications, are activated and
required when federal funding may be utilized.
2 C.F.R. § 200.326 and 2 C.F.R. Part 200, Appendix II, Required Contract Clauses
1.REMEDIES
a.Standard. Contracts for more than the simplified acquisition threshold, currently set at$250,000, must address administrative, contractual, or legal remedies in instances wherecontractors violate or breach contract terms, and provide for such sanctions and penaltiesas appropriate. See 2 C.F.R. Part 200, Appendix II(A).
b.Applicability. This requirement applies to all FEMA grant and cooperative agreementprograms.
2.TERMINATION FOR CAUSE AND CONVENIENCE
a.Standard. All contracts in excess of $10,000 must address termination for cause and forconvenience by the non-Federal entity, including the manner by which it will be effectedand the basis for settlement. See 2 C.F.R. Part 200, Appendix II(B).
b.Applicability. This requirement applies to all FEMA grant and cooperative agreement
programs.
3.EQUAL EMPLOYMENT OPPORTUNITY
When applicable:
a.Standard. Except as otherwise provided under 41 C.F.R. Part 60, all contracts that meet
the definition of “federally assisted construction contract” in 41 C.F.R.
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§ 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 Fed. Reg.
12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p.
339), as amended by Executive Order 11375, Amending Executive Order 11246 Relatingto Equal Employment Opportunity, and implementing regulations at 41C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal EmploymentOpportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix II(C).
b.Key Definitions.
i.Federally Assisted Construction Contract. The regulation at 41 C.F.R. § 60-
1.3 defines a “federally assisted construction contract” as any agreement ormodification thereof between any applicant and a person for construction work whichis paid for in whole or in part with funds obtained from the Government or borrowedon the credit of the Government pursuant to any Federal program involving a grant,
contract, loan, insurance, or guarantee, or undertaken pursuant to any Federalprogram involving such grant, contract, loan, insurance, or guarantee, or any
application or modification thereof approved by the Government for a grant, contract,loan, insurance, or guarantee under which the applicant itself participates in theconstruction work.
ii.Construction Work. The regulation at 41 C.F.R. § 60-1.3 defines “construction work”as the construction, rehabilitation, alteration, conversion, extension, demolition orrepair of buildings, highways, or other changes or improvements to real property,
including facilities providing utility services. The term also includes the supervision,inspection, and other onsite functions incidental to the actual construction.
c.Applicability. This requirement applies to all FEMA grant and cooperative agreementprograms.
d.Required Language. The regulation at 41 C.F.R. Part 60-1.4(b) requires the insertion ofthe following contract clause.
During the performance of this contract, the contractor agrees as follows:
(1)The contractor will not discriminate against any employee or applicant foremployment because of race, color, religion, sex, sexual orientation, gender identity, ornational origin. The contractor will take affirmative action to ensure that applicants areemployed, and that employees are treated during employment without regard to theirrace, color, religion, sex, sexual orientation, gender identity, or national origin. Suchaction shall include, but not be limited to the following:
Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
(2)The contractor will, in all solicitations or advertisements for employees placed by oron behalf of the contractor, state that all qualified applicants will receive consideration
for employment without regard to race, color, religion, sex, sexual orientation, genderidentity, or national origin.
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(3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired
about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee
who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other
employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish
information.
(4) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to
be provided advising the said labor union or workers' representatives of the contractor's commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
(5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
(6) The contractor will furnish all information and reports required by Executive Order
11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by
the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
(7) In the event of the contractor's noncompliance with the nondiscrimination clauses of
this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be
declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or
order of the Secretary of Labor, or as otherwise provided by law.
(8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or
purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the
administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:
Provided, however, that in the event a contractor becomes involved in, or is threatened
with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such
litigation to protect the interests of the United States.
The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted
construction work: Provided, That if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency,
instrumentality or subdivision of such government which does not participate in work on or under the contract.
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The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of
the agency's primary responsibility for securing compliance.
The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the
Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has
been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.
4.DAVIS-BACON ACT
a.Standard. All prime construction contracts in excess of $2,000 awarded by non- Federalentities 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 at 29 C.F.R. Part5 (Labor Standards Provisions Applicable to Contracts Covering Federally Financed and
Assisted Construction). See 2 C.F.R. Part 200, Appendix II(D). 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. Inaddition, contractors must be required to pay wages not less than once a week.
b.Applicability. The Davis-Bacon Act applies to the Emergency Management PreparednessGrant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal
Homeland Security Grant Program, Port Security Grant Program, and Transit Security GrantProgram.
c.Requirements. If applicable, the non-federal entity must do the following:
i.The non-Federal entity must place a copy of the current prevailing wagedetermination issued by the Department of Labor in each solicitation. The decisionto award a contract or subcontract must be conditioned upon the acceptance ofthe wage determination. The non-Federal entity must report all suspected orreported violations to the Federal awarding agency.
ii.Additionally, pursuant 2 C.F.R. Part 200, Appendix II(D), contracts subject to theDavis-Bacon Act, must also include a provision for compliance with the Copeland“Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Laborregulations at 29 C.F.R. Part 3 (Contractors and Subcontractors on PublicBuilding or Public Work Financed in Whole or in Part by Loans or Grants from theUnited States). The Copeland Anti- Kickback Act provides that each contractor orsubrecipient must be prohibited from inducing, by any means, any person
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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 FEMA. iii. Include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-
3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering
Federally Financed and Assisted Construction”).
Suggested Language. The following provides a sample contract clause:
Compliance with the Davis-Bacon Act.
a. All transactions regarding this contract shall be done in compliance with the Davis-Bacon Act (40 U.S.C. 3141- 3144, and 3146-3148) and the requirements of 29 C.F.R. pt. 5 as may be applicable. The contractor shall comply with 40 U.S.C. 3141-3144, and 3146-3148 and the requirements of 29 C.F.R. pt. 5 as applicable.
b. Contractors are 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.
c. Additionally, contractors are required to pay wages not less than once a week.
5. COPELAND ANTI-KICKBACK ACT
a. Standard. Recipient and subrecipient contracts must include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor
regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”).
b. Applicability. This requirement applies to all contracts for construction or repair work above $2,000 in situations where the Davis-Bacon Act also applies. It DOES NOT apply to the FEMA Public Assistance Program. c. Requirements. If applicable, the non-federal entity must include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations at 29 C.F.R. Part 3 (Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States). 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 FEMA. Additionally, in accordance with the regulation, each contractor and subcontractor must furnish each week a statement with respect to the wages paid each of its employees engaged in work covered by the Copeland Anti-Kickback Act and the Davis Bacon Act during the preceding weekly payroll period. The report shall be delivered by the contractor or subcontractor, within seven days after the regular payment date of the payroll period, to a representative of a Federal or State agency in charge at the site of the building or work. Sample Language. The following provides a sample contract clause:
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Compliance with the Copeland “Anti-Kickback” Act.
a.Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C.§ 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable,which are incorporated by reference into this contract.
b.Subcontracts. The contractor or subcontractor shall insert in anysubcontracts the clause above and such other clauses as FEMA mayby appropriate instructions require, and also a clause requiring thesubcontractors to include these clauses in any lower tier subcontracts.The prime contractor shall be responsible for the compliance by anysubcontractor or lower tier subcontractor with all of these contractclauses.
c.Breach. A breach of the contract clauses above may be grounds fortermination of the contract, and for debarment as a contractor andsubcontractor as provided in 29 C.F.R. §5.12.”
6.CONTRACT WORK HOURS AND SAFETY STANDARDS ACT
a. Standard. Where applicable (see 40 U.S.C. §§ 3701-3708), all contracts awarded by thenon-Federal entity in excess of $100,000 that involve the employment of mechanics orlaborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, assupplemented by Department of Labor regulations at 29 C.F.R. Part 5. See 2 C.F.R. Part200, Appendix II(E). Under 40 U.S.C. § 3702, each contractor must be required tocompute the wages of every mechanic and laborer on the basis of a standard work weekof 40 hours. Work in excess of the standard work week is permissible provided that theworker is compensated at a rate of not less than one and a half times the basic rate ofpay for all hours worked in excess of 40 hours in the work week. Further, no laborer ormechanic must be required to work in surroundings or under working conditions whichare unsanitary, hazardous, or dangerous.
b. Applicability. This requirement applies to all FEMA contracts awarded by the non- federalentity in excess of $100,000 under grant and cooperative agreement programs that involvethe employment of mechanics or laborers. It is applicable to construction work. Theserequirements do not apply to the purchase of supplies or materials or articles ordinarilyavailable on the open market, or contracts for transportation or transmission ofintelligence.
c. Suggested Language. The regulation at 29 C.F.R. § 5.5(b) provides contract clause
language concerning compliance with the Contract Work Hours and Safety StandardsAct. FEMA suggests including the following contract clause:
Compliance with the Contract Work Hours and Safety Standards Act.
(1)Overtime requirements. No contractor or subcontractor contracting for any part ofthe contract work which may require or involve the employment of laborers or mechanicsshall require or permit any such laborer or mechanic in any workweek in which he or sheis employed on such work to work in excess of forty hours in such workweek unless suchlaborer or mechanic receives compensation at a rate not less than one and one-halftimes the basic rate of pay for all hours worked in excess of forty hours in such workweek.
(2)Violation; liability for unpaid wages; liquidated damages. In the event of any violation
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of the clause set forth in paragraph (b)(1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards,
employed in violation of the clause set forth in paragraph (b)(1) of this section, in the sum of $27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (b)(1) of this section.
(3)Withholding for unpaid wages and liquidated damages. The Federal agency orloan/grant recipient shall upon its own action or upon written request of an authorizedrepresentative of the Department of Labor withhold or cause to be withheld, from anymoneys payable on account of work performed by the contractor or subcontractor under
any such contract or any other Federal contract with the same prime contractor, or anyother federally-assisted contract subject to the Contract Work Hours and Safety
Standards Act, which is held by the same prime contractor, such sums as may bedetermined to be necessary to satisfy any liabilities of such contractor or subcontractorfor unpaid wages and liquidated damages as provided in the clause set forth inparagraph (b)(2) of this section.
(4)Subcontracts. The contractor or subcontractor shall insert in any subcontracts theclauses set forth in paragraph (b)(1) through (4) of this section and also a clause requiringthe subcontractors to include these clauses in any lower tier subcontracts. The primecontractor shall be responsible for compliance by any subcontractor or lower tiersubcontractor with the clauses set forth in paragraphs (b)(1) through (4) of this section.
7.RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT
a. Standard. If the FEMA award meets the definition of “funding agreement” under 37C.F.R.§ 401.2(a) and the non-Federal entity wishes to enter into a contract with a small business
firm or nonprofit organization regarding the substitution of parties, assignment orperformance of experimental, developmental, or research work under that “fundingagreement,” the non- Federal entity must comply with the requirements of 37 C.F.R. Part401 (Rights to Inventions Made by Nonprofit Organizations and Small Business Firms
Under Government Grants, Contracts and Cooperative Agreements), and anyimplementing regulations issued by FEMA. See 2 C.F.R. Part 200, Appendix II(F).
b. Applicability. This requirement applies to “funding agreements,” but it DOES NOT applyto the Public Assistance, Hazard Mitigation Grant Program, Fire Management AssistanceGrant Program, Crisis Counseling Assistance and Training Grant Program, Disaster Case
Management Grant Program, and Federal Assistance to Individuals and Households –Other Needs Assistance Grant Program, as FEMA awards under these programs do not
meet the definition of “funding agreement.”
c. Funding Agreements Definition. The regulation at 37 C.F.R. § 401.2(a) defines “funding
agreement” as any contract, grant, or cooperative agreement entered into between anyFederal agency, other than the Tennessee Valley Authority, and any contractor for the
performance of experimental, developmental, or research work funded in whole or in partby the Federal government. This term also includes any assignment, substitution of
parties, or subcontract of any type entered into for the performance of experimental,developmental, or research work under a funding agreement as defined in the first
sentence of this paragraph.
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8.CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT
a. Standard. If applicable, contracts must contain a provision that requires the contractor toagree 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 Actas amended (33 U.S.C. §§ 1251-1387). Violations must be reported to FEMA and theRegional Office of the Environmental Protection Agency. See 2 C.F.R. Part 200,Appendix II(G).
b. Applicability. This requirement applies to contracts awarded by a non-federal entity of
amounts in excess of $150,000 under a federal grant.
c. Suggested Language. The following provides a sample contract clause.
Clean Air Act
1.The contractor agrees to comply with all applicable standards, orders orregulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C.§ 7401 et seq.
2.The contractor agrees to report each violation to the Participating PublicAgency and understands and agrees that the Participating Public Agencywill, in turn, report each violation as required to assure notification to the
Federal Emergency Management Agency, and the appropriateEnvironmental Protection Agency Regional Office.
3.The contractor agrees to include these requirements in each subcontractexceeding $150,000 financed in whole or in part with Federal assistance
provided by FEMA.
Federal Water Pollution Control Act
1.The contractor agrees to comply with all applicable standards, orders, orregulations issued pursuant to the Federal Water Pollution Control Act, asamended, 33 U.S.C. 1251 et seq.
2.The contractor agrees to report each violation to the Participating PublicAgency and understands and agrees that the Participating Public Agencywill, in turn, report each violation as required to assure notification to theFederal Emergency Management Agency, and the appropriateEnvironmental Protection Agency Regional Office.
3.The contractor agrees to include these requirements in each subcontractexceeding $150,000 financed in whole or in part with Federal assistanceprovided by FEMA.
9.DEBARMENT AND SUSPENSION
a. Standard. Non-Federal entities and contractors are subject to the debarment andsuspension regulations implementing Executive Order 12549, Debarment and
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Suspension (1986) and Executive Order 12689, Debarment and Suspension (1989) at 2 C.F.R. Part 180 and the Department of Homeland Security’s regulations at 2 C.F.R. Part3000 (Non-procurement Debarment and Suspension).
b. Applicability. This requirement applies to all FEMA grant and cooperative
agreement programs.
c. Requirements.
i.These regulations restrict awards, subawards, and contracts with certain partiesthat are debarred, suspended, or otherwise excluded from or ineligible forparticipation in Federal assistance programs and activities. See 2 C.F.R. Part 200,Appendix II(H); and 2 C.F.R. § 200.213. A contract award must not be made toparties listed in the SAM Exclusions. SAM Exclusions is the list maintained by theGeneral Services Administration that contains the names of parties debarred,suspended, or otherwise excluded by agencies, as well as parties declaredineligible under statutory or regulatory authority other than Executive Order 12549.SAM exclusions can be accessed at www.sam.gov. See 2 C.F.R. § 180.530.
ii.In general, an “excluded” party cannot receive a Federal grant award or a contractwithin the meaning of a “covered transaction,” to include subawards andsubcontracts. This includes parties that receive Federal funding indirectly, such
as contractors to recipients and subrecipients. The key to the exclusion is whetherthere is a “covered transaction,” which is any non-procurement transaction
(unless excepted) at either a “primary” or “secondary” tier. Although “coveredtransactions” do not include contracts awarded by the Federal Government forpurposes of the non-procurement common rule and DHS’s implementingregulations, it does include some contracts awarded by recipients and
subrecipients.
iii.Specifically, a covered transaction includes the following contracts for goods orservices:
1.The contract is awarded by a recipient or subrecipient in the amount of atleast $25,000.
2.The contract requires the approval of FEMA, regardless of amount.
3.The contract is for federally-required audit services.
4.A subcontract is also a covered transaction if it is awarded by thecontractor of a recipient or subrecipient and requires either the approval of
FEMA or is in excess of $25,000.
d. Suggested Language. The following provides a debarment and suspension clause. Itincorporates an optional method of verifying that contractors are not excluded or
disqualified.
Suspension and Debarment
(1)This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R.
pt. 3000. As such, the contractor is required to verify that none of the contractor’sprincipals (defined at 2 C.F.R. § 180.995) or its affiliates (defined at 2 C.F.R. §180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2
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C.F.R. § 180.935).
(2)The contractor must comply with 2 C.F.R. pt. 180, subpart C and2 C.F.R. pt. 3000,subpart C, and must include a requirement to comply with these regulations in anylower tier covered transaction it enters into.
(3)This certification is a material representation of fact relied upon by the Participating
Public Agency. If it is later determined that the contractor did not comply with 2C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remediesavailable to the Participating Public Agency, the Federal Government may pursueavailable remedies, including but not limited to suspension and/or debarment.
(4)The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt.180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and
throughout the period of any contract that may arise from this offer. The bidder orproposer further agrees to include a provision requiring such compliance in its
lower tier covered transactions.
10.BYRD ANTI-LOBBYING AMENDMENT
a. Standard. Each tier certifies to the tier above that it will not and has not used Federalappropriated 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 oremployee of Congress, or an employee of a Member of Congress in connection withobtaining any Federal contract, grant or any other award covered by 31 U.S.C. § 1352.FEMA’s regulation at 44 C.F.R. Part 18 implements the requirements of 31 U.S.C. § 1352
and provides, in Appendix A to Part 18, a copy of the certification that is required to becompleted by each entity as described in 31 U.S.C. § 1352. Each tier must also discloseany lobbying with non-Federal funds that takes place in connection with obtaining anyFederal award. Such disclosures are forwarded from tier to tier up to the Federalawarding agency.
b. Applicability. This requirement applies to all FEMA grant and cooperative agreementprograms. Contractors that apply or bid for a contract of $100,000 or more under a federalgrant must file the required certification. See 2 C.F.R. Part 200, Appendix II(I); 31 U.S.C.§1352; and 44 C.F.R. Part 18.
c. Suggested Language.
Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352 (as amended)
Contractors who apply or bid for an award of $100,000 or more shall file the required
certification. Each tier certifies to the tier above that it will not and has not used Federal
appropriated funds to pay any person or organization for influencing or attempting to
influence an officer or employee of any agency, a Member of Congress, officer or
employee of Congress, or an employee of a Member of Congress in connection with
obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352.
Each tier shall also disclose any lobbying with non-Federal funds that takes place in
connection with obtaining any Federal award. Such disclosures are forwarded from tier
to tier up to the recipient who in turn will forward the certification(s) to the awarding
agency.
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d. Required Certification. If applicable, contractors must sign and submit to the non-federal
entity the following certification.
APPENDIX A, 44 C.F.R. PART 18 – CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans, and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief, that:
1.No Federal appropriated funds have been paid or will be paid, by or on behalf of theundersigned, to any person for influencing or attempting to influence an officer oremployee of an agency, a Member of Congress, an officer or employee of Congress,or an employee of a Member of Congress in connection with the awarding of anyFederal contract, the making of any Federal grant, the making of any Federal loan,the entering into of any cooperative agreement, and the extension, continuation,renewal, amendment, or modification of any Federal contract, grant, loan, orcooperative agreement.
2.If any funds other than Federal appropriated funds have been paid or will be paid toany person for influencing or attempting to influence an officer or employee of anyagency, a Member of Congress, an officer or employee of Congress, or an employeeof a Member of Congress in connection with this Federal contract, grant, loan, orcooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.
3.The undersigned shall require that the language of this certification be included inthe award documents for all subawards at all tiers (including subcontracts,subgrants, and contracts under grants, loans, and cooperative agreements) and thatall subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
The Contractor, , certifies or affirms the truthfulness and
accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. Chap. 38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any.
Signature of Contractor’s Authorized Official
Name and Title of Contractor’s Authorized Official
Date
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11.PROCUREMENT OF RECOVERED MATERIALS
a. Standard. 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. See 2 C.F.R. Part
200, Appendix II(J); and 2 C.F.R. § 200.322.
b. Applicability. This requirement applies to all contracts awarded by a non- federal entity
under FEMA grant and cooperative agreement programs.
c. Requirements. The requirements of Section 6002 include procuring only itemsdesignated in guidelines of the EPA at 40 C.F.R. Part 247 that contain the highestpercentage of recovered materials practicable, consistent with maintaining a satisfactorylevel of competition, where the purchase price of the item exceeds$10,000 or the value of the quantity acquired by the preceding fiscal year exceeded$10,000; procuring solid waste management services in a manner that maximizes energyand resource recovery; and establishing an affirmative procurement program forprocurement of recovered materials identified in the EPA guidelines.
d. Suggested Language.
i.In the performance of this contract, the Contractor shall make maximum use ofproducts containing recovered materials that are EPA-designated items unlessthe product cannot be acquired—1.Competitively within a timeframe providing for compliance with the contract performanceschedule;2.Meeting contract performance requirements; or3.At a reasonable price.
ii.Information about this requirement, along with the list of EPA- designated items,is available at EPA’s Comprehensive Procurement Guidelines web site,https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program.
iii.The Contractor also agrees to comply with all other applicable requirements ofSection 6002 of the Solid Waste Disposal Act.”
12.ACCESS TO RECORDS
a. Standard. All recipients, subrecipients, successors, transferees, and assignees mustacknowledge and agree to comply with applicable provisions governing DHS access torecords, accounts, documents, information, facilities, and staff. Recipients must giveDHS/FEMA access to, and the right to examine and copy, records, accounts, and otherdocuments and sources of information related to the federal financial assistance awardand permit access to facilities, personnel, and other individuals and information as may benecessary, as required by DHS regulations and other applicable laws or programguidance. See DHS Standard Terms and Conditions: Version 8.1 (2018). Additionally,Section 1225 of the Disaster Recovery Reform Act of 2018 prohibits FEMA from providingreimbursement to any state, local, tribal, or territorial government, or private non-profit foractivities made pursuant to a contract that purports to prohibit audits or internal reviewsby the FEMA administrator or Comptroller General.
Access to Records. The following access to records requirements apply to this contract:
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i.The Contractor agrees to provide Participating Public Agency, the FEMA Administrator, the Comptroller General of the United States, or any of their
authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions.
ii.The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed.
iii. The Contractor agrees to provide the FEMA Administrator or his authorized
representatives access to construction or other work sites pertaining to the work being completed under the contract.
iv.In compliance with the Disaster Recovery Act of 2018, the Participating Public
Agency and the Contractor acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States.
13. CHANGES
a. Standard. To be eligible for FEMA assistance under the non-Federal entity’s FEMA grant or cooperative agreement, the cost of the change, modification, change order, or
constructive change must be allowable, allocable, within the scope of its grant or cooperative agreement, and reasonable for the completion of project scope.
b. Applicability. FEMA recommends, therefore, that a non-Federal entity include a changes clause in its contract that describes how, if at all, changes can be made by either party to alter the method, price, or schedule of the work without breaching the contract. The language of the clause may differ depending on the nature of the contract and the end-item procured.
14. DHS SEAL, LOGO, AND FLAGS a. Standard. Recipients must obtain permission prior to using the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials. See DHS Standard Terms and Conditions: Version 8.1 (2018).
b. Applicability. FEMA recommends that all non-Federal entities place in their contracts a provision that a contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre-approval.
c. “The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or
likenesses of DHS agency officials without specific FEMA pre-approval.
15. COMPLIANCE WITH FEDERAL LAW, REGULATIONS, AND EXECUTIVE ORDERS
a. Standard. The recipient and its contractors are required to comply with all Federal laws, regulations, and executive orders.
b. Applicability. FEMA recommends that all non-Federal entities place into their contracts an
acknowledgement that FEMA financial assistance will be used to fund the contract along with the requirement that the contractor will comply with all applicable Federal law, regulations, executive orders, and FEMA policies, procedures, and directives. c. “This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. The contractor will comply with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives.”
16. NO OBLIGATION BY FEDERAL GOVERNMENT a. Standard. FEMA is not a party to any transaction between the recipient and its contractor. FEMA is not subject to any obligations or liable to any party for any matter relating to the contract.
b. Applicability. FEMA recommends that the non-Federal entity include a provision in its contract that states that the Federal Government is not a party to the contract and is not subject to any obligations or liabilities to the non-Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. c. “The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non-Federal entity, contractor, or any other party pertaining to any matter resulting from the contract.” 17. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS a. Standard. Recipients must comply with the requirements of The False Claims Act (31 U.S.C. §§ 3729-3733) which prohibits the submission of false or
fraudulent claims for payment to the federal government. See DHS Standard Terms and Conditions: Version 8.1 (2018); and 31 U.S.C. §§ 3801-3812, which details the
administrative remedies for false claims and statements made. The non-Federal entity must include a provision in its contract that the contractor acknowledges that 31 U.S.C. Chap. 38
(Administrative Remedies for False Claims and Statements) applies to its actions pertaining to the contract.
b. Applicability. FEMA recommends that the non-Federal entity include a provision in its contract
that the contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to its actions pertaining to the contract. c. “The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False
Claims and Statements) applies to the Contractor’s actions pertaining to this contract.”
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Offeror agrees to comply with all terms and conditions outlined in the FEMA Special Conditions section of this solicitation. Offeror’s Name: ______________________________________________ Address, City, State, and Zip Code: _____________________________________________________________________________ Phone Number: ________________________ Fax Number: ______________________________ Printed Name and Title of Authorized Representative: ____________________________________________________________ Email Address: _____________________________________________
Signature of Authorized Representative: ____________________________________ Date: ________________________________
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Exhibit G New Jersey Business Compliance
NEW JERSEY BUSINESS COMPLIANCE
Suppliers intending to do business in the State of New Jersey must comply with policies and procedures required under New Jersey statues. All offerors submitting proposals must complete the following forms specific to the State of New Jersey. Completed forms should be submitted with the
offeror’s response to the IFB. Failure to complete the New Jersey packet will impact OMNIA
Partners’ ability to promote the Master Agreement in the State of New Jersey.
DOC #1 Ownership Disclosure Form
DOC #2 Non-Collusion Affidavit
DOC #3 Affirmative Action Affidavit
DOC #4 Political Contribution Disclosure Form
DOC #5 Stockholder Disclosure Certification
DOC #6 Certification of Non-Involvement in Prohibited Activities in Iran
DOC #7 New Jersey Business Registration Certificate
DOC #8 EEOAA Evidence
DOC #9 MacBride Principals Form
New Jersey suppliers are required to comply with the following New Jersey statutes when applicable:
•all anti-discrimination laws, including those contained in N.J.S.A. 10:2-1 through N.J.S.A.10:2-14, N.J.S.A. 10:5-1, and N.J.S.A. 10:5-31 through 10:5-38;
•Prevailing Wage Act, N.J.S.A. 34:11-56.26, for all contracts within the contemplation of the
Act;
•Public Works Contractor Registration Act, N.J.S.A. 34:11-56.26; and
•Bid and Performance Security, as required by the applicable municipal or state statutes.
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DOC #1
STATEMENT OF OWNERSHIP DISCLOSURE
N.J.S.A. 52:25-24.2 (P.L. 1977, c.33, as amended by P.L. 2016, c.43)
This statement shall be completed, certified to, and included with all bid and proposal submissions. Failure to submit the required information is cause for automatic rejection of the bid or proposal. Name of Organization:_____________________________________________________ Organization Address:_____________________________________________________ Part I Check the box that represents the type of business organization:
Sole Proprietorship (skip Parts II and III, execute certification in Part IV)
Non-Profit Corporation (skip Parts II and III, execute certification in Part IV)
For-Profit Corporation (any type) Limited Liability Company (LLC)
Partnership Limited Partnership Limited Liability Partnership (LLP)
Other (be specific): ______________________________________________
Part II
The list below contains the names and addresses of all stockholders in the
corporation who own 10 percent or more of its stock, of any class, or of all individual partners in the partnership who own a 10 percent or greater interest therein, or of all
members in the limited liability company who own a 10 percent or greater interest therein, as the case may be. (COMPLETE THE LIST BELOW IN THIS SECTION) OR
No one stockholder in the corporation owns 10 percent or more of its stock, of any
class, or no individual partner in the partnership owns a 10 percent or greater interest therein, or no member in the limited liability company owns a 10 percent or
greater interest therein, as the case may be. (SKIP TO PART IV)
(Please attach additional sheets if more space is needed):
Name of Individual or Business Entity Home Address (for Individuals) or Business Address
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Part III DISCLOSURE OF 10% OR GREATER OWNERSHIP IN THE STOCKHOLDERS, PARTNERS OR LLC MEMBERS LISTED IN PART II If a bidder has a direct or indirect parent entity which is publicly traded, and any person holds a 10 percent or greater beneficial interest in the publicly traded parent entity as of the last annual federal Security and Exchange Commission (SEC) or foreign equivalent
filing, ownership disclosure can be met by providing links to the website(s) containing the last annual filing(s) with the federal Securities and Exchange Commission (or foreign equivalent) that contain the name and address of each person holding a 10% or greater beneficial interest in the publicly traded parent entity, along with the relevant page numbers of the filing(s) that
contain the information on each such person. Attach additional sheets if more space is needed. Website (URL) containing the last annual SEC (or foreign equivalent) filing Page #’s
Please list the names and addresses of each stockholder, partner or member owning a 10 percent or greater interest in any corresponding corporation, partnership and/or limited liability company (LLC) listed in Part II other than for any publicly traded parent entities referenced above. The disclosure shall be continued until names and addresses of every
noncorporate stockholder, and individual partner, and member exceeding the 10 percent ownership criteria established pursuant to N.J.S.A. 52:25-24.2 has been listed. Attach additional sheets if more space is needed.
Stockholder/Partner/Member and Corresponding
Entity Listed in Part II
Home Address (for Individuals) or Business Address
Part IV Certification
I, being duly sworn upon my oath, hereby represent that the foregoing information and any attachments thereto to the best of my knowledge are true and complete. I acknowledge: that I am authorized to execute this certification on behalf of the bidder/proposer; that the <name of contracting unit> is relying on the information contained herein and that I am under a continuing obligation from the date of this certification through the completion of any contracts with <type of contracting unit> to notify the <type of contracting unit> in writing of any changes to the information contained herein; that I am aware that it is a criminal offense to make a false statement or misrepresentation in this certification, and if I do so, I am subject to criminal prosecution under the law and that it will constitute a material breach of my agreement(s) with the, permitting the <type of
contracting unit> to declare any contract(s) resulting from this certification void and unenforceable.
Full Name (Print): Title:
Signature: Date:
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DOC #2
NON-COLLUSION AFFIDAVIT
STANDARD BID DOCUMENT REFERENCE
Reference: VII-H
Name of Form: NON-COLLUSION AFFIDAVIT
Statutory Reference: No specific statutory reference
State Statutory Reference N.J.S.A. 52:34-15
Instructions Reference: Statutory and Other Requirements VII-H
Description:
The Owner’s use of this form is optional. It is used to ensure that
the bidder has not participated in any collusion with any other bidder or Owner representative or otherwise taken any action in restraint of free and competitive bidding.
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NON-COLLUSION AFFIDAVIT
State of New Jersey County of _________________ ss:
I, ________________________________ residing in ___________________________________ (name of affiant) (name of municipality) in the County of _______________________________ and State of _____________________of full
age, being duly sworn according to law on my oath depose and say that:
I am _____________________________________ of the firm of _________________________
(title or position) (name of firm)
_____________________________________ the bidder making this Proposal for the bid
entitled ______________________________, and that I executed the said proposal with
(title of bid proposal) full authority to do so that said bidder has not, directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free, competitive bidding in connection with the above named project; and that all statements contained in said proposal and in this affidavit are true and correct, and made with full knowledge that the ______________ _________________________relies upon the truth of the statements contained in said Proposal
(name of contracting unit) and in the statements contained in this affidavit in awarding the contract for the said project.
I further warrant that no person or selling agency has been employed or retained to solicit or secure such
contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, except bona fide employees or bona fide established commercial or selling agencies maintained by _________________________________________________.
Subscribed and sworn to
before me this day _____________________________ Signature
________________, 2____ ___________________________________ (Type or print name of affiant under signature) _____________________________
Notary public of
My Commission expires _______________
(Seal)
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DOC #3
AFFIRMATIVE ACTION AFFIDAVIT (P.L. 1975, C.127)
Company Name:
Street:
City, State, Zip Code:
Proposal Certification:
Indicate below company’s compliance with New Jersey Affirmative Action regulations. Company’s
proposal will be accepted even if company is not in compliance at this time. No contract and/or
purchase order may be issued, however, until all Affirmative Action requirements are met.
Required Affirmative Action Evidence:
Procurement, Professional & Service Contracts (Exhibit A)
Vendors must submit with proposal:
1.A photocopy of a valid letter that the contractor is operating under an existing Federallyapproved or sanctioned affirmative action program (good for one year from the date of the
letter);
OR
2.A photocopy of a Certificate of Employee Information Report approval, issued in
accordance with N.J.A.C. 17:27-4;
OR
3.A photocopy of an Employee Information Report (Form AA302) provided by the Division
of Contract Compliance and Equal Employment Opportunity in Public Contracts and
distributed to the public agency to be completed by the contractor in accordance withN.J.A.C. 17:27-4.
Public Work – Over $50,000 Total Project Cost:
A.No approved Federal or New Jersey Affirmative Action Plan. We will complete Report FormAA201. A project contract ID number will be assigned to your firm upon receipt of thecompleted Initial Project Workforce Report (AA201) for this contract.
B.Approved Federal or New Jersey Plan – certificate enclosed
I further certify that the statements and information contained herein, are complete and correct to the best of my knowledge and belief.
_______________________ _________________________________
Date Authorized Signature and Title
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DOC #3, continued
P.L. 1995, c. 127 (N.J.A.C. 17:27) MANDATORY AFFIRMATIVE ACTION LANGUAGE
PROCUREMENT, PROFESSIONAL AND SERVICE CONTRACTS During the performance of this contract, the contractor agrees as follows:
The contractor or subcontractor, where applicable, will not discriminate against any employee or applicant for employment because of age, race, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation. The contractor will take affirmative action to ensure that such applicants are recruited and employed, and that employees are treated during employment, without regard to their age, race, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Public Agency Compliance Officer setting forth provisions of this non-discrimination clause.
The contractor or subcontractor, where applicable will, in all solicitations or advertisement for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to age, race, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation.
The contractor or subcontractor, where applicable, will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer advising the labor union or workers' representative of the contractor's commitments under this act and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
The contractor or subcontractor, where applicable, agrees to comply with any regulations promulgated by the Treasurer pursuant to P.L. 1975, c. 127, as amended and supplemented from time to time and the Americans with Disabilities Act.
The contractor or subcontractor agrees to attempt in good faith to employ minority and female workers trade consistent with the applicable county employment goal prescribed by N.J.A.C. 17:27-5.2 promulgated by the Treasurer pursuant to P.L. 1975, C.127, as amended and supplemented from time to time or in accordance with a binding determination of the applicable county employment goals determined by the Affirmative Action Office pursuant to N.J.A.C. 17:27-5.2 promulgated by the Treasurer pursuant to P.L. 1975, C.127, as amended and supplemented from time to time.
The contractor or subcontractor agrees to inform in writing appropriate recruitment agencies in the area, including employment agencies, placement bureaus, colleges, universities, labor unions, that it does not discriminate on the basis of age, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation, and that it will discontinue the use of any recruitment agency which engages in direct or indirect discriminatory practices.
The contractor or subcontractor agrees to revise any of it testing procedures, if necessary, to assure that all personnel testing conforms with the principles of job-related testing, as established by the statutes and court decisions of the state of New Jersey and as established by applicable Federal law and applicable Federal court decisions.
The contractor or subcontractor agrees to review all procedures relating to transfer, upgrading, downgrading and lay-off to ensure that all such actions are taken without regard to age, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation, and conform with the applicable employment goals, consistent with the statutes and court decisions of the State of New Jersey, and applicable Federal law and applicable Federal court decisions.
The contractor and its subcontractors shall furnish such reports or other documents to the Affirmative Action Office as may be requested by the office from time to time in order to carry out the purposes of these regulations, and public agencies shall furnish such information as may be requested by the Affirmative Action Office for conducting a compliance investigation pursuant to Subchapter 10 of the Administrative Code (NJAC 17:27).
________________________________________________ Signature of Procurement Agent
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DOC #4
C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM
Public Agency Instructions
This page provides guidance to public agencies entering into contracts with business entities that are required to file Political Contribution Disclosure forms with the agency. It is not intended to be provided to contractors. What follows are instructions on the use of form local units can provide to contractors that are required to disclose political contributions pursuant to N.J.S.A. 19:44A-20.26 (P.L. 2005, c. 271, s.2). Additional information on the process is available in Local Finance Notice 2006-1 (http://www.nj.gov/dca/divisions/dlgs/resources/lfns_2006.html). Please refer back to these instructions for the appropriate links, as the Local Finance Notices include links that are no longer operational.
1.The disclosure is required for all contracts in excess of $17,500 that are not awarded pursuant to a “fair and open”process (N.J.S.A. 19:44A-20.7).
2.Due to the potential length of some contractor submissions, the public agency should consider allowing data to besubmitted in electronic form (i.e., spreadsheet, pdf file, etc.). Submissions must be kept with the contract documentsor in an appropriate computer file and be available for public access. The form is worded to accept this alternatesubmission. The text should be amended if electronic submission will not be allowed.
3.The submission must be received from the contractor and on file at least 10 days prior to award of the contract.Resolutions of award should reflect that the disclosure has been received and is on file.
4.The contractor must disclose contributions made to candidate and party committees covering a wide range of publicagencies, including all public agencies that have elected officials in the county of the public agency, state legislativepositions, and various state entities. The Division of Local Government Services recommends that contractors beprovided a list of the affected agencies. This will assist contractors in determining the campaign and politicalcommittees of the officials and candidates affected by the disclosure.
a.The Division has prepared model disclosure forms for each county. They can be downloaded from the “CountyPCD Forms” link on the Pay-to-Play web site at http://www.nj.gov/dca/divisions/dlgs/programs/lpcl.html#12.They will be updated from time-to-time as necessary.b.A public agency using these forms should edit them to properly reflect the correct legislative district(s). Asthe forms are county-based, they list all legislative districts in each county. Districts that do not representthe public agency should be removed from the lists.c.Some contractors may find it easier to provide a single list that covers all contributions, regardless of the county.These submissions are appropriate and should be accepted.d.The form may be used “as-is”, subject to edits as described herein.e.The “Contractor Instructions” sheet is intended to be provided with the form. It is recommended that theInstructions and the form be printed on the same piece of paper. The form notes that the Instructions are printedon the back of the form; where that is not the case, the text should be edited accordingly.f.The form is a Word document and can be edited to meet local needs, and posted for download on web sites, usedas an e-mail attachment, or provided as a printed document.
5.It is recommended that the contractor also complete a “Stockholder Disclosure Certification.” This will assist thelocal unit in its obligation to ensure that contractor did not make any prohibited contributions to the committees listedon the Business Entity Disclosure Certification in the 12 months prior to the contract (See Local Finance Notice2006-7 for additional information on this obligation athttp://www.nj.gov/dca/divisions/dlgs/resources/lfns_2006.html). A sample Certification form is part of this packageand the instruction to complete it is included in the Contractor Instructions. NOTE: This section is not applicable toBoards of Education.
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DOC #4, continued
C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM
Contractor Instructions
Business entities (contractors) receiving contracts from a public agency that are NOT awarded pursuant to a “fair and open” process (defined at N.J.S.A. 19:44A-20.7) are subject to the provisions of P.L. 2005, c. 271, s.2 (N.J.S.A. 19:44A-20.26). This law provides that 10 days prior to the award of such a contract, the contractor shall disclose contributions to:
•any State, county, or municipal committee of a political party
•any legislative leadership committee*
•any continuing political committee (a.k.a., political action committee)
•any candidate committee of a candidate for, or holder of, an elective office:o of the public entity awarding the contract
o of that county in which that public entity is locatedoof another public entity within that countyoor of a legislative district in which that public entity is located or, when the public entity is a county, ofany legislative district which includes all or part of the county
The disclosure must list reportable contributions to any of the committees that exceed $300 per election cycle that were made during the 12 months prior to award of the contract. See N.J.S.A. 19:44A-8 and 19:44A-16 for more details on reportable contributions.
N.J.S.A. 19:44A-20.26 itemizes the parties from whom contributions must be disclosed when a business entity is not a natural person. This includes the following:
•individuals with an “interest” ownership or control of more than 10% of the profits or assets of a business entityor 10% of the stock in the case of a business entity that is a corporation for profit
•all principals, partners, officers, or directors of the business entity or their spouses
•any subsidiaries directly or indirectly controlled by the business entity
•IRS Code Section 527 New Jersey based organizations, directly or indirectly controlled by the business entityand filing as continuing political committees, (PACs).
When the business entity is a natural person, “a contribution by that person’s spouse or child, residing therewith, shall be
deemed to be a contribution by the business entity.” [N.J.S.A. 19:44A-20.26(b)] The contributor must be listed on the disclosure.
Any business entity that fails to comply with the disclosure provisions shall be subject to a fine imposed by ELEC in an amount to be determined by the Commission which may be based upon the amount that the business entity failed to report.
The enclosed list of agencies is provided to assist the contractor in identifying those public agencies whose elected official and/or candidate campaign committees are affected by the disclosure requirement. It is the contractor’s responsibility to identify the specific committees to which contributions may have been made and need to be disclosed. The disclosed information may exceed the minimum requirement.
The enclosed form, a content-consistent facsimile, or an electronic data file containing the required details (along with a
signed cover sheet) may be used as the contractor’s submission and is disclosable to the public under the Open Public Records Act.
The contractor must also complete the attached Stockholder Disclosure Certification. This will assist the agency in meeting its obligations under the law. NOTE: This section does not apply to Board of Education contracts.
*N.J.S.A. 19:44A-3(s): “The term "legislative leadership committee" means a committee established, authorized to beestablished, or designated by the President of the Senate, the Minority Leader of the Senate, the Speaker of the General
Assembly or the Minority Leader of the General Assembly pursuant to section 16 of P.L.1993, c.65 (C.19:44A-10.1) forthe purpose of receiving contributions and making expenditures.”
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DOC #4, continued C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM
Required Pursuant to N.J.S.A. 19:44A-20.26
This form or its permitted facsimile must be submitted to the local unit
no later than 10 days prior to the award of the contract.
Part I – Vendor Information
Vendor Name:
Address: City: State: Zip: The undersigned being authorized to certify, hereby certifies that the submission provided herein represents
compliance with the provisions of N.J.S.A. 19:44A-20.26 and as represented by the Instructions accompanying this form.
_______________________ _______________________ ________________________ Signature Printed Name Title
Part II – Contribution Disclosure
Disclosure requirement: Pursuant to N.J.S.A. 19:44A-20.26 this disclosure must include all reportable political contributions (more than $300 per election cycle) over the 12 months prior to submission to the committees of the government entities listed on the form provided by the local unit.
Check here if disclosure is provided in electronic form
Contributor Name Recipient Name Date Dollar Amount $
Check here if the information is continued on subsequent page(s)
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DOC #4, continued
List of Agencies with Elected Officials Required for Political Contribution Disclosure N.J.S.A. 19:44A-20.26 County Name:
State: Governor, and Legislative Leadership Committees Legislative District #s: State Senator and two members of the General Assembly per district. County: Freeholders County Clerk Sheriff
{County Executive} Surrogate Municipalities (Mayor and members of governing body, regardless of title):
USERS SHOULD CREATE THEIR OWN FORM, OR DOWNLOAD
FROM THE PAY TO PLAY SECTION OF THE DLGS WEBSITE A
COUNTY-BASED, CUSTOMIZABLE FORM.
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DOC #5
STOCKHOLDER DISCLOSURE CERTIFICATION
Name of Business:
I certify that the list below contains the names and home addresses of all stockholders
holding 10% or more of the issued and outstanding stock of the undersigned.OR
I certify that no one stockholder owns 10% or more of the issued and outstanding stock of
the undersigned.
Check the box that represents the type of business organization:
Partnership Corporation Sole Proprietorship
Limited Partnership Limited Liability Corporation Limited Liability Partnership
Subchapter S Corporation
Sign and notarize the form below, and, if necessary, complete the stockholder list below.
Stockholders:
Name: Name:
Home Address: Home Address:
Name: Name:
Home Address: Home Address:
Name: Name:
Home Address: Home Address:
Subscribed and sworn before me this ___ day of ___________, 2__.
(Notary Public)
My Commission expires:
_________________________________ (Affiant)
________________________________ (Print name & title of affiant)
(Corporate Seal)
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DOC #6
Certification of Non-Involvement in Prohibited Activities in Iran
Pursuant to N.J.S.A. 52:32-58, Offerors must certify that neither the Offeror, nor any of its parents,
subsidiaries, and/or affiliates (as defined in N.J.S.A. 52:32 – 56(e) (3)), is listed on the Department of the Treasury’s List of Persons or Entities Engaging in Prohibited Investment Activities in Iran and that neither is involved in any of the investment activities set forth in N.J.S.A. 52:32 – 56(f). Offerors wishing to do business in New Jersey through this contract must fill out the Certification of
Non-Involvement in Prohibited Activities in Iran here: http://www.state.nj.us/humanservices/dfd/info/standard/fdc/disclosure_investmentact.pdf. Offerors should submit the above form completed with their proposal.
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DOC #7
NEW JERSEY BUSINESS REGISTRATION CERTIFICATE (N.J.S.A. 52:32-44)
Offerors wishing to do business in New Jersey must submit their State Division of Revenue issued Business Registration Certificate with their proposal here. Failure to do so will disqualify the Offeror from offering products or services in New Jersey through any resulting contract.
https://www.njportal.com/DOR/BusinessRegistration/
DOC #8
EEOAA EVIDENCE
Equal Employment Opportunity/Affirmative Action
Goods, Professional Services & General Service Projects
EEO/AA Evidence
Vendors are required to submit evidence of compliance with N.J.S.A. 10:5-31 et seq. and
N.J.A.C. 17:27 in order to be considered a responsible vendor.
One of the following must be included with submission:
• Copy of Letter of Federal Approval
• Certificate of Employee Information Report
• Fully Executed Form AA302
• Fully Executed EEO-1 Report
See the guidelines at:
https://www.state.nj.us/treasury/contract_compliance/documents/pdf/guidelines/pa.pdf
for further information.
I certify that my bid package includes the required evidence per the above list and
State website.
Name: ______________________________ Title: _____________________
Signature: ___________________________ Date: _____________________
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CERTIFICATION
I, the undersigned, certify that I am authorized to execute this certification on behalf of the Vendor/Bidder, that the foregoing information and any attachments hereto, to the best of my knowledge are true and complete. I acknowledge that the State of New Jersey is relying on the information contained herein, and that the Vendor/Bidder is under a continuing obligation from the date of this certification through the completion of any contract(s) with the State to notify the State in writing of any changes to the information contained herein; that I am aware that it is a criminal offense to make a false statement or misrepresentation in this certification. If I do so, I will be subject to criminal prosecution under the law, and it will constitute a material breach of my agreement(s) with the State, permitting the State to declare any contract(s) resulting from this certification to be void and unenforceable.
DOC #9 MACBRIDE-PRINCIPLES
MACBRIDE PRINCIPALS FORM
_____________________
VENDOR’S/BIDDER’S REQUIREMENT TO PROVIDE A CERTIFICATION IN COMPLIANCE WITH THE MACBRIDE PRINCIPALS AND NORTHERN IRELAND ACT OF 1989
Pursuant to Public Law 1995, c. 134, a responsible Vendor/Bidder selected, after public bidding, by the Director
of the Division of Purchase and Property, pursuant to N.J.S.A. 52:34-12, must complete the certification below by
checking one of the two options listed below and signing where indicated. If a Vendor/Bidder that would otherwise be awarded a purchase, contract or agreement does not complete the certification, then the Director may determine, in accordance with applicable law and rules, that it is in the best interest of the State to award the purchase, contract or agreement to another Vendor/Bidder that has completed the certification and has submitted a bid within five (5) percent of the most advantageous bid. If the Director finds contractors to be in violation of the principals that are
the subject of this law, he/she shall take such action as may be appropriate and provided by law, rule or contract, including but not limited to, imposing sanctions, seeking compliance, recovering damages, declaring the party in default and seeking debarment or suspension of the party.
I, the undersigned, on behalf the Vendor/Bidder, certify pursuant to N.J.S.A. 52:34-12.2 that:
CHECK THE APPROPRIATE BOX
The Vendor/Bidder has no business operations in Northern Ireland; or
OR The Vendor/Bidder will take lawful steps in good faith to conduct any business operations it has in Northern Ireland
in accordance with the MacBride principals of nondiscrimination in employment as set forth in section 2 of P.L. 1987, c. 177 (N.J.S.A. 52:18A-89.5) and in conformance with the United Kingdom’s Fair Employment (Northern Ireland)Act of 1989, and permit independent monitoring of its compliance with those principals.
Signature Date
Print Name and Title
STATE OF NEW JERSEY DEPARTMENT OF THE TREASURY DIVISION OF PURCHASE AND PROPERTY
33 WEST STATE STREET, P.O. BOX 230 TRENTON, NEW JERSEY 08625-0230
BID SOLICITATION #:VENDOR/BIDDER:
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Exhibit H Advertising Compliance Requirement
Pursuant to certain state notice provisions, including but not limited to Oregon Revised Statutes Chapter 279A.210, Chapter 279A.220, and other related provisions, the following public agencies and political subdivisions of the referenced public agencies are eligible to register with OMNIA Partners and access the Master Agreement contract award made pursuant to this solicitation, and are hereby given notice of the foregoing request for bids for purposes of complying with the procedural requirements of said statutes: Nationwide: State of Alabama State of Hawaii Commonwealth of
Massachusetts
State of New Mexico State of South
Dakota State of Alaska State of Idaho State of Michigan State of New York State of Tennessee State of Arizona State of Illinois State of Minnesota State of North Carolina State of Texas State of Arkansas State of Indiana State of Mississippi State of North Dakota State of Utah
State of California State of Iowa State of Missouri State of Ohio State of Vermont
State of Colorado State of Kansas State of Montana State of Oklahoma Commonwealth of Virginia
State of Connecticut Commonwealth of Kentucky State of Nebraska State of Oregon State of Washington
State of Delaware State of Louisiana State of Nevada Commonwealth of Pennsylvania State of West Virginia State of Florida State of Maine State of New Hampshire State of Rhode Island State of Wisconsin State of Georgia State of Maryland State of New Jersey State of South Carolina State of Wyoming District of Columbia
Lists of political subdivisions and local governments in the above referenced states / districts may be found at http://www.usa.gov/Agencies/State_and_Territories.shtml and https://www.usa.gov/local-governments. Certain Public Agencies and Political Subdivisions: CITIES, TOWNS, VILLAGES AND BOROUGHS INCLUDING BUT NOT LIMITED TO: BAKER CITY GOLF COURSE, OR CITY OF ADAIR VILLAGE, OR CITY OF ASHLAND, OR CITY OF AUMSVILLE, OR CITY OF AURORA, OR CITY OF BAKER, OR CITY OF BATON ROUGE, LA CITY OF BEAVERTON, OR
CITY OF BEND, OR CITY OF BOARDMAN, OR CITY OF BONANAZA, OR CITY OF BOSSIER CITY, LA CITY OF BROOKINGS, OR CITY OF BURNS, OR CITY OF CANBY, OR CITY OF CANYONVILLE, OR CITY OF CLATSKANIE, OR CITY OF COBURG, OR CITY OF CONDON, OR CITY OF COQUILLE, OR CITY OF CORVALLI, OR CITY OF CORVALLIS PARKS AND RECREATION DEPARTMENT, OR CITY OF COTTAGE GROVE, OR CITY OF DONALD, OR CITY OF EUGENE, OR CITY OF FOREST GROVE, OR CITY OF GOLD HILL, OR CITY OF GRANTS PASS, OR CITY OF GRESHAM, OR CITY OF HILLSBORO, OR CITY OF INDEPENDENCE, OR
CITY AND COUNTY OF HONOLULU, HI CITY OF KENNER, LA CITY OF LA GRANDE, OR CITY OF LAFAYETTE, LA CITY OF LAKE CHARLES, OR CITY OF LEBANON, OR CITY OF MCMINNVILLE, OR CITY OF MEDFORD, OR CITY OF METAIRIE, LA CITY OF MILL CITY, OR CITY OF MILWAUKIE, OR CITY OF MONROE, LA CITY OF MOSIER, OR CITY OF NEW ORLEANS, LA CITY OF NORTH PLAINS, OR CITY OF OREGON CITY, OR CITY OF PILOT ROCK, OR CITY OF PORTLAND, OR CITY OF POWERS, OR CITY OF PRINEVILLE, OR CITY OF REDMOND, OR CITY OF REEDSPORT, OR CITY OF RIDDLE, OR CITY OF ROGUE RIVER, OR CITY OF ROSEBURG, OR CITY OF SALEM, OR CITY OF SANDY, OR CITY OF SCAPPOOSE, OR CITY OF SHADY COVE, OR CITY OF SHERWOOD, OR CITY OF SHREVEPORT, LA CITY OF SILVERTON, OR CITY OF SPRINGFIELD, OR CITY OF ST. HELENS, OR
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CITY OF ST. PAUL, OR CITY OF SULPHUR, LA CITY OF TIGARD, OR CITY OF TROUTDALE, OR CITY OF TUALATIN, OR CITY OF WALKER, LA CITY OF WARRENTON, OR CITY OF WEST LINN, OR CITY OF WILSONVILLE, OR CITY OF WINSTON, OR CITY OF WOODBURN, OR LEAGUE OF OREGON CITES THE CITY OF HAPPY VALLEY OREGON ALPINE, UT ALTA, UT ALTAMONT, UT ALTON, UT AMALGA, UT AMERICAN FORK CITY, UT ANNABELLA, UT ANTIMONY, UT APPLE VALLEY, UT AURORA, UT BALLARD, UT BEAR RIVER CITY, UT BEAVER, UT BICKNELL, UT BIG WATER, UT BLANDING, UT BLUFFDALE, UT BOULDER, UT CITY OF BOUNTIFUL, UT BRIAN HEAD, UT BRIGHAM CITY CORPORATION, UT BRYCE CANYON CITY, UT CANNONVILLE, UT CASTLE DALE, UT CASTLE VALLEY, UT CITY OF CEDAR CITY, UT CEDAR FORT, UT CITY OF CEDAR HILLS, UT CENTERFIELD, UT CENTERVILLE CITY CORPORATION, UT CENTRAL VALLEY, UT CHARLESTON, UT CIRCLEVILLE, UT CLARKSTON, UT CLAWSON, UT CLEARFIELD, UT CLEVELAND, UT CLINTON CITY CORPORATION, UT COALVILLE, UT CORINNE, UT CORNISH, UT COTTONWOOD HEIGHTS, UT DANIEL, UT DELTA, UT DEWEYVILLE, UT DRAPER CITY, UT DUCHESNE, UT EAGLE MOUNTAIN, UT EAST CARBON, UT ELK RIDGE, UT ELMO, UT ELSINORE, UT ELWOOD, UT EMERY, UT ENOCH, UT
ENTERPRISE, UT EPHRAIM, UT ESCALANTE, UT EUREKA, UT FAIRFIELD, UT FAIRVIEW, UT FARMINGTON, UT FARR WEST, UT FAYETTE, UT FERRON, UT FIELDING, UT FILLMORE, UT FOUNTAIN GREEN, UT FRANCIS, UT FRUIT HEIGHTS, UT GARDEN CITY, UT GARLAND, UT GENOLA, UT GLENDALE, UT GLENWOOD, UT GOSHEN, UT GRANTSVILLE, UT GREEN RIVER, UT GUNNISON, UT HANKSVILLE, UT HARRISVILLE, UT HATCH, UT HEBER CITY CORPORATION, UT HELPER, UT HENEFER, UT HENRIEVILLE, UT HERRIMAN, UT HIDEOUT, UT HIGHLAND, UT HILDALE, UT HINCKLEY, UT HOLDEN, UT HOLLADAY, UT HONEYVILLE, UT HOOPER, UT
HOWELL, UT HUNTINGTON, UT HUNTSVILLE, UT CITY OF HURRICANE, UT HYDE PARK, UT HYRUM, UT INDEPENDENCE, UT IVINS, UT JOSEPH, UT JUNCTION, UT KAMAS, UT KANAB, UT KANARRAVILLE, UT KANOSH, UT KAYSVILLE, UT KINGSTON, UT KOOSHAREM, UT LAKETOWN, UT LA VERKIN, UT LAYTON, UT LEAMINGTON, UT LEEDS, UT LEHI CITY CORPORATION, UT LEVAN, UT LEWISTON, UT LINDON, UT LOA, UT LOGAN CITY, UT
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LYMAN, UT LYNNDYL, UT MANILA, UT MANTI, UT MANTUA, UT MAPLETON, UT MARRIOTT-SLATERVILLE, UT MARYSVALE, UT MAYFIELD, UT MEADOW, UT MENDON, UT MIDVALE CITY INC., UT MIDWAY, UT MILFORD, UT MILLVILLE, UT MINERSVILLE, UT MOAB, UT MONA, UT MONROE, UT CITY OF MONTICELLO, UT MORGAN, UT MORONI, UT MOUNT PLEASANT, UT MURRAY CITY CORPORATION, UT MYTON, UT NAPLES, UT NEPHI, UT NEW HARMONY, UT NEWTON, UT NIBLEY, UT NORTH LOGAN, UT NORTH OGDEN, UT NORTH SALT LAKE CITY, UT OAK CITY, UT OAKLEY, UT OGDEN CITY CORPORATION, UT OPHIR, UT ORANGEVILLE, UT ORDERVILLE, UT OREM, UT PANGUITCH, UT PARADISE, UT PARAGONAH, UT PARK CITY, UT PAROWAN, UT PAYSON, UT PERRY, UT PLAIN CITY, UT PLEASANT GROVE CITY, UT PLEASANT VIEW, UT PLYMOUTH, UT PORTAGE, UT PRICE, UT PROVIDENCE, UT PROVO, UT RANDOLPH, UT REDMOND, UT RICHFIELD, UT RICHMOND, UT RIVERDALE, UT RIVER HEIGHTS, UT RIVERTON CITY, UT ROCKVILLE, UT ROCKY RIDGE, UT ROOSEVELT CITY CORPORATION, UT ROY, UT RUSH VALLEY, UT CITY OF ST. GEORGE, UT
SALEM, UT SALINA, UT SALT LAKE CITY CORPORATION, UT SANDY, UT SANTA CLARA, UT SANTAQUIN, UT SARATOGA SPRINGS, UT SCIPIO, UT SCOFIELD, UT SIGURD, UT SMITHFIELD, UT SNOWVILLE, UT CITY OF SOUTH JORDAN, UT SOUTH OGDEN, UT CITY OF SOUTH SALT LAKE, UT SOUTH WEBER, UT SPANISH FORK, UT SPRING CITY, UT SPRINGDALE, UT SPRINGVILLE, UT STERLING, UT STOCKTON, UT SUNNYSIDE, UT SUNSET CITY CORP, UT SYRACUSE, UT TABIONA, UT CITY OF TAYLORSVILLE, UT TOOELE CITY CORPORATION, UT TOQUERVILLE, UT TORREY, UT TREMONTON CITY, UT TRENTON, UT TROPIC, UT UINTAH, UT VERNAL CITY, UT VERNON, UT VINEYARD, UT VIRGIN, UT WALES, UT WALLSBURG, UT
WASHINGTON CITY, UT WASHINGTON TERRACE, UT WELLINGTON, UT WELLSVILLE, UT WENDOVER, UT WEST BOUNTIFUL, UT WEST HAVEN, UT WEST JORDAN, UT WEST POINT, UT WEST VALLEY CITY, UT WILLARD, UT WOODLAND HILLS, UT WOODRUFF, UT WOODS CROSS, UT COUNTIES AND PARISHES INCLUDING BUT NOT LIMITED TO: ASCENSION PARISH, LA ASCENSION PARISH, LA, CLEAR OF COURT CADDO PARISH, LA
CALCASIEU PARISH, LA CALCASIEU PARISH SHERIFF’S OFFICE, LA CITY AND COUNTY OF HONOLULU, HI CLACKAMAS COUNTY, OR CLACKAMAS COUNTY DEPT OF TRANSPORTATION, OR CLATSOP COUNTY, OR COLUMBIA COUNTY, OR
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COOS COUNTY, OR COOS COUNTY HIGHWAY DEPARTMENT, OR COUNTY OF HAWAII, OR CROOK COUNTY, OR CROOK COUNTY ROAD DEPARTMENT, OR CURRY COUNTY, OR DESCHUTES COUNTY, OR DOUGLAS COUNTY, OR EAST BATON ROUGE PARISH, LA GILLIAM COUNTY, OR GRANT COUNTY, OR HARNEY COUNTY, OR HARNEY COUNTY SHERIFFS OFFICE, OR HAWAII COUNTY, HI HOOD RIVER COUNTY, OR JACKSON COUNTY, OR JEFFERSON COUNTY, OR JEFFERSON PARISH, LA JOSEPHINE COUNTY GOVERNMENT, OR LAFAYETTE CONSOLIDATED GOVERNMENT, LA LAFAYETTE PARISH, LA LAFAYETTE PARISH CONVENTION & VISITORS COMMISSION LAFOURCHE PARISH, LA KAUAI COUNTY, HI KLAMATH COUNTY, OR LAKE COUNTY, OR LANE COUNTY, OR LINCOLN COUNTY, OR LINN COUNTY, OR LIVINGSTON PARISH, LA MALHEUR COUNTY, OR MAUI COUNTY, HI MARION COUNTY, SALEM, OR MORROW COUNTY, OR MULTNOMAH COUNTY, OR MULTNOMAH COUNTY BUSINESS AND COMMUNITY SERVICES, OR MULTNOMAH COUNTY SHERIFFS OFFICE, OR MULTNOMAH LAW LIBRARY, OR ORLEANS PARISH, LA PLAQUEMINES PARISH, LA POLK COUNTY, OR RAPIDES PARISH, LA SAINT CHARLES PARISH, LA SAINT CHARLES PARISH PUBLIC SCHOOLS, LA SAINT LANDRY PARISH, LA SAINT TAMMANY PARISH, LA SHERMAN COUNTY, OR TERREBONNE PARISH, LA TILLAMOOK COUNTY, OR TILLAMOOK COUNTY SHERIFF'S OFFICE, OR TILLAMOOK COUNTY GENERAL HOSPITAL, OR UMATILLA COUNTY, OR UNION COUNTY, OR WALLOWA COUNTY, OR WASCO COUNTY, OR WASHINGTON COUNTY, OR WEST BATON ROUGE PARISH, LA WHEELER COUNTY, OR YAMHILL COUNTY, OR COUNTY OF BOX ELDER, UT COUNTY OF CACHE, UT COUNTY OF RICH, UT COUNTY OF WEBER, UT COUNTY OF MORGAN, UT COUNTY OF DAVIS, UT COUNTY OF SUMMIT, UT
COUNTY OF DAGGETT, UT COUNTY OF SALT LAKE, UT COUNTY OF TOOELE, UT COUNTY OF UTAH, UT COUNTY OF WASATCH, UT COUNTY OF DUCHESNE, UT COUNTY OF UINTAH, UT COUNTY OF CARBON, UT COUNTY OF SANPETE, UT COUNTY OF JUAB, UT COUNTY OF MILLARD, UT COUNTY OF SEVIER, UT COUNTY OF EMERY, UT COUNTY OF GRAND, UT COUNTY OF BEVER, UT COUNTY OF PIUTE, UT COUNTY OF WAYNE, UT COUNTY OF SAN JUAN, UT COUNTY OF GARFIELD, UT COUNTY OF KANE, UT COUNTY OF IRON, UT COUNTY OF WASHINGTON, UT OTHER AGENCIES INCLUDING ASSOCIATIONS, BOARDS, DISTRICTS, COMMISSIONS, COUNCILS, PUBLIC CORPORATIONS, PUBLIC DEVELOPMENT AUTHORITIES, RESERVATIONS AND UTILITIES INCLUDING BUT NOT LIMITED TO: ADAIR R.F.P.D., OR ADEL WATER IMPROVEMENT DISTRICT, OR ADRIAN R.F.P.D., OR AGNESS COMMUNITY LIBRARY, OR AGNESS-ILLAHE R.F.P.D., OR AGRICULTURE EDUCATION SERVICE EXTENSION DISTRICT, OR ALDER CREEK-BARLOW WATER DISTRICT NO. 29, OR ALFALFA FIRE DISTRICT, OR ALSEA R.F.P.D., OR ALSEA RIVIERA WATER IMPROVEMENT DISTRICT,
OR AMITY FIRE DISTRICT, OR ANTELOPE MEADOWS SPECIAL ROAD DISTRICT, OR APPLE ROGUE DISTRICT IMPROVEMENT COMPANY, OR APPLEGATE VALLEY R.F.P.D. #9, OR ARCH CAPE DOMESTIC WATER SUPPLY DISTRICT, OR ARCH CAPE SANITARY DISTRICT, OR ARNOLD IRRIGATION DISTRICT, OR ASH CREEK WATER CONTROL DISTRICT, OR ATHENA CEMETERY MAINTENANCE DISTRICT, OR AUMSVILLE R.F.P.D., OR AURORA R.F.P.D., OR AZALEA R.F.P.D., OR BADGER IMPROVEMENT DISTRICT, OR BAILEY-SPENCER R.F.P.D., OR BAKER COUNTY LIBRARY DISTRICT, OR BAKER R.F.P.D., OR BAKER RIVERTON ROAD DISTRICT, OR BAKER VALLEY IRRIGATION DISTRICT, OR BAKER VALLEY S.W.C.D., OR BAKER VALLEY VECTOR CONTROL DISTRICT, OR BANDON CRANBERRY WATER CONTROL DISTRICT, OR BANDON R.F.P.D., OR BANKS FIRE DISTRICT, OR BANKS FIRE DISTRICT #13, OR
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BAR L RANCH ROAD DISTRICT, OR BARLOW WATER IMPROVEMENT DISTRICT, OR BASIN AMBULANCE SERVICE DISTRICT, OR BASIN TRANSIT SERVICE TRANSPORTATION DISTRICT, OR BATON ROUGE WATER COMPANY BAY AREA HEALTH DISTRICT, OR BAYSHORE SPECIAL ROAD DISTRICT, OR BEAR VALLEY SPECIAL ROAD DISTRICT, OR BEAVER CREEK WATER CONTROL DISTRICT, OR BEAVER DRAINAGE IMPROVEMENT COMPANY, INC., OR BEAVER SLOUGH DRAINAGE DISTRICT, OR BEAVER SPECIAL ROAD DISTRICT, OR BEAVER WATER DISTRICT, OR BELLE MER S.I.G.L. TRACTS SPECIAL ROAD DISTRICT, OR BEND METRO PARK AND RECREATION DISTRICT BENTON S.W.C.D., OR BERNDT SUBDIVISION WATER IMPROVEMENT DISTRICT, OR BEVERLY BEACH WATER DISTRICT, OR BIENVILLE PARISH FIRE PROTECTION DISTRICT 6, LA BIG BEND IRRIGATION DISTRICT, OR BIGGS SERVICE DISTRICT, OR BLACK BUTTE RANCH DEPARTMENT OF POLICE SERVICES, OR BLACK BUTTE RANCH R.F.P.D., OR BLACK MOUNTAIN WATER DISTRICT, OR BLODGETT-SUMMIT R.F.P.D., OR BLUE MOUNTAIN HOSPITAL DISTRICT, OR BLUE MOUNTAIN TRANSLATOR DISTRICT, OR BLUE RIVER PARK & RECREATION DISTRICT, OR BLUE RIVER WATER DISTRICT, OR BLY R.F.P.D., OR BLY VECTOR CONTROL DISTRICT, OR BLY WATER AND SANITARY DISTRICT, OR BOARDMAN CEMETERY MAINTENANCE DISTRICT, OR BOARDMAN PARK AND RECREATION DISTRICT BOARDMAN R.F.P.D., OR BONANZA BIG SPRINGS PARK & RECREATION DISTRICT, OR BONANZA MEMORIAL PARK CEMETERY DISTRICT, OR BONANZA R.F.P.D., OR BONANZA-LANGELL VALLEY VECTOR CONTROL DISTRICT, OR BORING WATER DISTRICT #24, OR BOULDER CREEK RETREAT SPECIAL ROAD DISTRICT, OR BRIDGE R.F.P.D., OR BROOKS COMMUNITY SERVICE DISTRICT, OR BROWNSVILLE R.F.P.D., OR BUELL-RED PRAIRIE WATER DISTRICT, OR BUNKER HILL R.F.P.D. #1, OR BUNKER HILL SANITARY DISTRICT, OR BURLINGTON WATER DISTRICT, OR BURNT RIVER IRRIGATION DISTRICT, OR BURNT RIVER S.W.C.D., OR CALAPOOIA R.F.P.D., OR CAMAS VALLEY R.F.P.D., OR CAMELLIA PARK SANITARY DISTRICT, OR CAMMANN ROAD DISTRICT, OR CAMP SHERMAN ROAD DISTRICT, OR CANBY AREA TRANSIT, OR CANBY R.F.P.D. #62, OR
CANBY UTILITY BOARD, OR CANNON BEACH R.F.P.D., OR CANYONVILLE SOUTH UMPQUA FIRE DISTRICT, OR CAPE FERRELO R.F.P.D., OR CAPE FOULWEATHER SANITARY DISTRICT, OR CARLSON PRIMROSE SPECIAL ROAD DISTRICT, OR CARMEL BEACH WATER DISTRICT, OR CASCADE VIEW ESTATES TRACT 2, OR CEDAR CREST SPECIAL ROAD DISTRICT, OR CEDAR TRAILS SPECIAL ROAD DISTRICT, OR CEDAR VALLEY - NORTH BANK R.F.P.D., OR CENTRAL CASCADES FIRE AND EMS, OR CENTRAL CITY ECONOMIC OPPORTUNITY CORP, LA CENTRAL LINCOLN P.U.D., OR CENTRAL OREGON COAST FIRE & RESCUE DISTRICT, OR CENTRAL OREGON INTERGOVERNMENTAL COUNCIL CENTRAL OREGON IRRIGATION DISTRICT, OR CHAPARRAL WATER CONTROL DISTRICT, OR CHARLESTON FIRE DISTRICT, OR CHARLESTON SANITARY DISTRICT, OR CHARLOTTE ANN WATER DISTRICT, OR CHEHALEM PARK & RECREATION DISTRICT, OR CHEHALEM PARK AND RECREATION DISTRICT CHEMULT R.F.P.D., OR CHENOWITH WATER P.U.D., OR CHERRIOTS, OR CHETCO COMMUNITY PUBLIC LIBRARY DISTRICT, OR CHILOQUIN VECTOR CONTROL DISTRICT, OR CHILOQUIN-AGENCY LAKE R.F.P.D., OR CHINOOK DRIVE SPECIAL ROAD DISTRICT, OR CHR DISTRICT IMPROVEMENT COMPANY, OR CHRISTMAS VALLEY DOMESTIC WATER DISTRICT, OR CHRISTMAS VALLEY PARK & RECREATION DISTRICT, OR CHRISTMAS VALLEY R.F.P.D., OR CITY OF BOGALUSA SCHOOL BOARD, LA
CLACKAMAS COUNTY FIRE DISTRICT #1, OR CLACKAMAS COUNTY SERVICE DISTRICT #1, OR CLACKAMAS COUNTY VECTOR CONTROL DISTRICT, OR CLACKAMAS RIVER WATER CLACKAMAS RIVER WATER, OR CLACKAMAS S.W.C.D., OR CLATSKANIE DRAINAGE IMPROVEMENT COMPANY, OR CLATSKANIE LIBRARY DISTRICT, OR CLATSKANIE P.U.D., OR CLATSKANIE PARK & RECREATION DISTRICT, OR CLATSKANIE PEOPLE'S UTILITY DISTRICT CLATSKANIE R.F.P.D., OR CLATSOP CARE CENTER HEALTH DISTRICT, OR CLATSOP COUNTY S.W.C.D., OR CLATSOP DRAINAGE IMPROVEMENT COMPANY #15, INC., OR CLEAN WATER SERVICES CLEAN WATER SERVICES, OR CLOVERDALE R.F.P.D., OR CLOVERDALE SANITARY DISTRICT, OR CLOVERDALE WATER DISTRICT, OR COALEDO DRAINAGE DISTRICT, OR COBURG FIRE DISTRICT, OR COLESTIN RURAL FIRE DISTRICT, OR COLTON R.F.P.D., OR COLTON WATER DISTRICT #11, OR
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COLUMBIA 911 COMMUNICATIONS DISTRICT, OR COLUMBIA COUNTY 4-H & EXTENSION SERVICE DISTRICT, OR COLUMBIA DRAINAGE VECTOR CONTROL, OR COLUMBIA IMPROVEMENT DISTRICT, OR COLUMBIA R.F.P.D., OR COLUMBIA RIVER FIRE & RESCUE, OR COLUMBIA RIVER PUD, OR COLUMBIA S.W.C.D., OR COLUMBIA S.W.C.D., OR CONFEDERATED TRIBES OF THE UMATILLA INDIAN RESERVATION COOS COUNTY AIRPORT DISTRICT, OR COOS COUNTY AIRPORT DISTRICT, OR COOS COUNTY AREA TRANSIT SERVICE DISTRICT, OR COOS COUNTY AREA TRANSIT SERVICE DISTRICT, OR COOS FOREST PROTECTIVE ASSOCIATION COOS S.W.C.D., OR COQUILLE R.F.P.D., OR COQUILLE VALLEY HOSPITAL DISTRICT, OR CORBETT WATER DISTRICT, OR CORNELIUS R.F.P.D., OR CORP RANCH ROAD WATER IMPROVEMENT, OR CORVALLIS R.F.P.D., OR COUNTRY CLUB ESTATES SPECIAL WATER DISTRICT, OR COUNTRY CLUB WATER DISTRICT, OR COUNTRY ESTATES ROAD DISTRICT, OR COVE CEMETERY MAINTENANCE DISTRICT, OR COVE ORCHARD SEWER SERVICE DISTRICT, OR COVE R.F.P.D., OR CRESCENT R.F.P.D., OR CRESCENT SANITARY DISTRICT, OR CRESCENT WATER SUPPLY AND IMPROVEMENT DISTRICT, OR CROOK COUNTY AGRICULTURE EXTENSION SERVICE DISTRICT, OR CROOK COUNTY CEMETERY DISTRICT, OR CROOK COUNTY FIRE AND RESCUE, OR CROOK COUNTY PARKS & RECREATION DISTRICT, OR CROOK COUNTY S.W.C.D., OR CROOK COUNTY VECTOR CONTROL DISTRICT, OR CROOKED RIVER RANCH R.F.P.D., OR CROOKED RIVER RANCH SPECIAL ROAD DISTRICT, OR CRYSTAL SPRINGS WATER DISTRICT, OR CURRY COUNTY 4-H & EXTENSION SERVICE DISTRICT, OR CURRY COUNTY PUBLIC TRANSIT SERVICE DISTRICT, OR CURRY COUNTY S.W.C.D., OR CURRY HEALTH DISTRICT, OR CURRY PUBLIC LIBRARY DISTRICT, OR DALLAS CEMETERY DISTRICT #4, OR DARLEY DRIVE SPECIAL ROAD DISTRICT, OR DAVID CROCKETT STEAM FIRE COMPANY #1, LA DAYS CREEK R.F.P.D., OR DAYTON FIRE DISTRICT, OR DEAN MINARD WATER DISTRICT, OR DEE IRRIGATION DISTRICT, OR DEER ISLAND DRAINAGE IMPROVEMENT COMPANY, OR DELL BROGAN CEMETERY MAINTENANCE DISTRICT, OR DEPOE BAY R.F.P.D., OR
DESCHUTES COUNTY 911 SERVICE DISTRICT, OR DESCHUTES COUNTY R.F.P.D. #2, OR DESCHUTES PUBLIC LIBRARY DISTRICT, OR DESCHUTES S.W.C.D., OR DESCHUTES VALLEY WATER DISTRICT, OR DEVILS LAKE WATER IMPROVEMENT DISTRICT, OR DEXTER R.F.P.D., OR DEXTER SANITARY DISTRICT, OR DORA-SITKUM R.F.P.D., OR DOUGLAS COUNTY FIRE DISTRICT #2, OR DOUGLAS S.W.C.D., OR DRAKES CROSSING R.F.P.D., OR DRRH SPECIAL ROAD DISTRICT #6, OR DRY GULCH DITCH DISTRICT IMPROVEMENT COMPANY, OR DUFUR RECREATION DISTRICT, OR DUMBECK LANE DOMESTIC WATER SUPPLY, OR DUNDEE R.F.P.D., OR DURKEE COMMUNITY BUILDING PRESERVATION DISTRICT, OR EAGLE POINT IRRIGATION DISTRICT, OR EAGLE VALLEY CEMETERY MAINTENANCE DISTRICT, OR EAGLE VALLEY R.F.P.D., OR EAGLE VALLEY S.W.C.D., OR EAST FORK IRRIGATION DISTRICT, OR EAST MULTNOMAH S.W.C.D., OR EAST SALEM SERVICE DISTRICT, OR EAST UMATILLA CHEMICAL CONTROL DISTRICT, OR EAST UMATILLA COUNTY AMBULANCE AREA HEALTH DISTRICT, OR EAST UMATILLA COUNTY R.F.P.D., OR EAST VALLEY WATER DISTRICT, OR ELGIN COMMUNITY PARKS & RECREATION DISTRICT, OR ELGIN HEALTH DISTRICT, OR ELGIN R.F.P.D., OR ELKTON ESTATES PHASE II SPECIAL ROAD DISTRICT, OR ELKTON R.F.P.D., OR EMERALD P.U.D., OR ENTERPRISE IRRIGATION DISTRICT, OR ESTACADA CEMETERY MAINTENANCE DISTRICT, OR ESTACADA R.F.P.D. #69, OR EUGENE R.F.P.D. # 1, OR EUGENE WATER AND ELECTRIC BOARD EVANS VALLEY FIRE DISTRICT #6, OR FAIR OAKS R.F.P.D., OR FAIRVIEW R.F.P.D., OR FAIRVIEW WATER DISTRICT, OR FALCON HEIGHTS WATER AND SEWER, OR FALCON-COVE BEACH WATER DISTRICT, OR FALL RIVER ESTATES SPECIAL ROAD DISTRICT, OR FARGO INTERCHANGE SERVICE DISTRICT, OR FARMERS IRRIGATION DISTRICT, OR FAT ELK DRAINAGE DISTRICT, OR FERN RIDGE PUBLIC LIBRARY DISTRICT, OR FERN VALLEY ESTATES IMPROVEMENT DISTRICT, OR FOR FAR ROAD DISTRICT, OR FOREST GROVE R.F.P.D., OR FOREST VIEW SPECIAL ROAD DISTRICT, OR FORT ROCK-SILVER LAKE S.W.C.D., OR FOUR RIVERS VECTOR CONTROL DISTRICT, OR FOX CEMETERY MAINTENANCE DISTRICT, OR GARDINER R.F.P.D., OR
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GARDINER SANITARY DISTRICT, OR GARIBALDI R.F.P.D., OR GASTON R.F.P.D., OR GATES R.F.P.D., OR GEARHART R.F.P.D., OR GILLIAM S.W.C.D., OR GLENDALE AMBULANCE DISTRICT, OR GLENDALE R.F.P.D., OR GLENEDEN BEACH SPECIAL ROAD DISTRICT, OR GLENEDEN SANITARY DISTRICT, OR GLENWOOD WATER DISTRICT, OR GLIDE - IDLEYLD SANITARY DISTRICT, OR GLIDE R.F.P.D., OR GOLD BEACH - WEDDERBURN R.F.P.D., OR GOLD HILL IRRIGATION DISTRICT, OR GOLDFINCH ROAD DISTRICT, OR GOSHEN R.F.P.D., OR GOVERNMENT CAMP ROAD DISTRICT, OR GOVERNMENT CAMP SANITARY DISTRICT, OR GRAND PRAIRIE WATER CONTROL DISTRICT, OR GRAND RONDE SANITARY DISTRICT, OR GRANT COUNTY TRANSPORTATION DISTRICT, OR GRANT S.W.C.D., OR GRANTS PASS IRRIGATION DISTRICT, OR GREATER BOWEN VALLEY R.F.P.D., OR GREATER ST. HELENS PARK & RECREATION DISTRICT, OR GREATER TOLEDO POOL RECREATION DISTRICT, OR GREEN KNOLLS SPECIAL ROAD DISTRICT, OR GREEN SANITARY DISTRICT, OR GREENACRES R.F.P.D., OR GREENBERRY IRRIGATION DISTRICT, OR GREENSPRINGS RURAL FIRE DISTRICT, OR HAHLEN ROAD SPECIAL DISTRICT, OR HAINES CEMETERY MAINTENANCE DISTRICT, OR HAINES FIRE PROTECTION DISTRICT, OR HALSEY-SHEDD R.F.P.D., OR HAMLET R.F.P.D., OR HARBOR R.F.P.D., OR HARBOR SANITARY DISTRICT, OR HARBOR WATER P.U.D., OR HARNEY COUNTY HEALTH DISTRICT, OR HARNEY S.W.C.D., OR HARPER SOUTH SIDE IRRIGATION DISTRICT, OR HARRISBURG FIRE AND RESCUE, OR HAUSER R.F.P.D., OR HAZELDELL RURAL FIRE DISTRICT, OR HEBO JOINT WATER-SANITARY AUTHORITY, OR HECETA WATER P.U.D., OR HELIX CEMETERY MAINTENANCE DISTRICT #4, OR HELIX PARK & RECREATION DISTRICT, OR HELIX R.F.P.D. #7-411, OR HEPPNER CEMETERY MAINTENANCE DISTRICT, OR HEPPNER R.F.P.D., OR HEPPNER WATER CONTROL DISTRICT, OR HEREFORD COMMUNITY HALL RECREATION DISTRICT, OR HERMISTON CEMETERY DISTRICT, OR HERMISTON IRRIGATION DISTRICT, OR HIDDEN VALLEY MOBILE ESTATES IMPROVEMENT DISTRICT, OR HIGH DESERT PARK & RECREATION DISTRICT, OR HIGHLAND SUBDIVISION WATER DISTRICT, OR HONOLULU INTERNATIONAL AIRPORT HOOD RIVER COUNTY LIBRARY DISTRICT, OR HOOD RIVER COUNTY TRANSPORTATION DISTRICT, OR
HOOD RIVER S.W.C.D., OR HOOD RIVER VALLEY PARKS & RECREATION DISTRICT, OR HOODLAND FIRE DISTRICT #74 HOODLAND FIRE DISTRICT #74, OR HORSEFLY IRRIGATION DISTRICT, OR HOSKINS-KINGS VALLEY R.F.P.D., OR HOUSING AUTHORITY OF PORTLAND HUBBARD R.F.P.D., OR HUDSON BAY DISTRICT IMPROVEMENT COMPANY, OR I N (KAY) YOUNG DITCH DISTRICT IMPROVEMENT COMPANY, OR ICE FOUNTAIN WATER DISTRICT, OR IDAHO POINT SPECIAL ROAD DISTRICT, OR IDANHA-DETROIT RURAL FIRE PROTECTION DISTRICT, OR ILLINOIS VALLEY FIRE DISTRICT ILLINOIS VALLEY R.F.P.D., OR ILLINOIS VALLEY S.W.C.D., OR IMBLER R.F.P.D., OR INTERLACHEN WATER P.U.D., OR IONE LIBRARY DISTRICT, OR IONE R.F.P.D. #6-604, OR IRONSIDE CEMETERY MAINTENANCE DISTRICT, OR IRONSIDE RURAL ROAD DISTRICT #5, OR IRRIGON PARK & RECREATION DISTRICT, OR IRRIGON R.F.P.D., OR ISLAND CITY AREA SANITATION DISTRICT, OR ISLAND CITY CEMETERY MAINTENANCE DISTRICT, OR JACK PINE VILLAGE SPECIAL ROAD DISTRICT, OR JACKSON COUNTY FIRE DISTRICT #3, OR JACKSON COUNTY FIRE DISTRICT #4, OR JACKSON COUNTY FIRE DISTRICT #5, OR JACKSON COUNTY LIBRARY DISTRICT, OR JACKSON COUNTY VECTOR CONTROL DISTRICT, OR JACKSON S.W.C.D., OR JASPER KNOLLS WATER DISTRICT, OR JEFFERSON COUNTY EMERGENCY MEDICAL
SERVICE DISTRICT, OR JEFFERSON COUNTY FIRE DISTRICT #1, OR JEFFERSON COUNTY LIBRARY DISTRICT, OR JEFFERSON COUNTY S.W.C.D., OR JEFFERSON PARK & RECREATION DISTRICT, OR JEFFERSON R.F.P.D., OR JOB'S DRAINAGE DISTRICT, OR JOHN DAY WATER DISTRICT, OR JOHN DAY-CANYON CITY PARKS & RECREATION DISTRICT, OR JOHN DAY-FERNHILL R.F.P.D. #5-108, OR JORDAN VALLEY CEMETERY DISTRICT, OR JORDAN VALLEY IRRIGATION DISTRICT, OR JOSEPHINE COMMUNITY LIBRARY DISTRICT, OR JOSEPHINE COUNTY 4-H & EXTENSION SERVICE DISTRICT, OR JOSEPHINE COUNTY 911 AGENCY, OR JUNCTION CITY R.F.P.D., OR JUNCTION CITY WATER CONTROL DISTRICT, OR JUNIPER BUTTE ROAD DISTRICT, OR JUNIPER CANYON WATER CONTROL DISTRICT, OR JUNIPER FLAT DISTRICT IMPROVEMENT COMPANY, OR JUNIPER FLAT R.F.P.D., OR JUNO NONPROFIT WATER IMPROVEMENT DISTRICT, OR KEATING R.F.P.D., OR KEATING S.W.C.D., OR
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KEIZER R.F.P.D., OR KELLOGG RURAL FIRE DISTRICT, OR KENO IRRIGATION DISTRICT, OR KENO PINES ROAD DISTRICT, OR KENO R.F.P.D., OR KENT WATER DISTRICT, OR KERBY WATER DISTRICT, OR K-GB-LB WATER DISTRICT, ORKILCHIS WATER DISTRICT, ORKLAMATH 9-1-1 COMMUNICATIONS DISTRICT, ORKLAMATH BASIN IMPROVEMENT DISTRICT, ORKLAMATH COUNTY DRAINAGE SERVICE DISTRICT,ORKLAMATH COUNTY EXTENSION SERVICE DISTRICT,ORKLAMATH COUNTY FIRE DISTRICT #1, ORKLAMATH COUNTY FIRE DISTRICT #3, ORKLAMATH COUNTY FIRE DISTRICT #4, ORKLAMATH COUNTY FIRE DISTRICT #5, ORKLAMATH COUNTY LIBRARY SERVICE DISTRICT,ORKLAMATH COUNTY PREDATORY ANIMALCONTROL DISTRICT, ORKLAMATH DRAINAGE DISTRICT, ORKLAMATH FALLS FOREST ESTATES SPECIAL ROADDISTRICT UNIT #2, ORKLAMATH INTEROPERABILITY RADIO GROUP, ORKLAMATH IRRIGATION DISTRICT, ORKLAMATH RIVER ACRES SPECIAL ROAD DISTRICT,ORKLAMATH S.W.C.D., ORKLAMATH VECTOR CONTROL DISTRICT, ORKNAPPA-SVENSEN-BURNSIDE R.F.P.D., ORLA GRANDE CEMETERY MAINTENANCE DISTRICT,ORLA GRANDE R.F.P.D., ORLA PINE PARK & RECREATION DISTRICT, ORLA PINE R.F.P.D., ORLABISH VILLAGE SEWAGE & DRAINAGE, ORLACOMB IRRIGATION DISTRICT, ORLAFAYETTE AIRPORT COMMISSION, LALAFOURCHE PARISH HEALTH UNIT – DHH-OPHREGION 3LAIDLAW WATER DISTRICT, ORLAKE CHINOOK FIRE & RESCUE, ORLAKE COUNTY 4-H & EXTENSION SERVICEDISTRICT, ORLAKE COUNTY LIBRARY DISTRICT, ORLAKE CREEK R.F.P.D. - JACKSON, ORLAKE CREEK R.F.P.D. - LANE COUNTY, ORLAKE DISTRICT HOSPITAL, ORLAKE GROVE R.F.P.D. NO. 57, ORLAKE GROVE WATER DISTRICT, ORLAKE LABISH WATER CONTROL DISTRICT, ORLAKE POINT SPECIAL ROAD DISTRICT, ORLAKESIDE R.F.P.D. #4, ORLAKESIDE WATER DISTRICT, ORLAKEVIEW R.F.P.D., ORLAKEVIEW S.W.C.D., ORLAMONTAI IMPROVEMENT DISTRICT, ORLANE FIRE AUTHORITY, ORLANE LIBRARY DISTRICT, ORLANE TRANSIT DISTRICT, ORLANGELL VALLEY IRRIGATION DISTRICT, ORLANGLOIS PUBLIC LIBRARY, ORLANGLOIS R.F.P.D., ORLANGLOIS WATER DISTRICT, ORLAZY RIVER SPECIAL ROAD DISTRICT, OR
LEBANON AQUATIC DISTRICT, OR LEBANON R.F.P.D., OR LEWIS & CLARK R.F.P.D., OR LINCOLN COUNTY LIBRARY DISTRICT, OR LINCOLN S.W.C.D., OR LINN COUNTY EMERGENCY TELEPHONE AGENCY, OR LINN S.W.C.D., OR LITTLE MUDDY CREEK WATER CONTROL, OR LITTLE NESTUCCA DRAINAGE DISTRICT, OR LITTLE SWITZERLAND SPECIAL ROAD DISTRICT, OR LONE PINE IRRIGATION DISTRICT, OR LONG PRAIRIE WATER DISTRICT, OR LOOKINGGLASS OLALLA WATER CONTROL DISTRICT, OR LOOKINGGLASS RURAL FIRE DISTRICT, OR LORANE R.F.P.D., OR LOST & BOULDER DITCH IMPROVEMENT DISTRICT, OR LOST CREEK PARK SPECIAL ROAD DISTRICT, OR LOUISIANA PUBLIC SERVICE COMMISSION, LA LOUISIANA WATER WORKS LOWELL R.F.P.D., OR LOWER MCKAY CREEK R.F.P.D., OR LOWER MCKAY CREEK WATER CONTROL DISTRICT, OR LOWER POWDER RIVER IRRIGATION DISTRICT, OR LOWER SILETZ WATER DISTRICT, OR LOWER UMPQUA HOSPITAL DISTRICT, OR LOWER UMPQUA PARK & RECREATION DISTRICT, OR LOWER VALLEY WATER IMPROVEMENT DISTRICT, OR LUCE LONG DITCH DISTRICT IMPROVEMENT CO., OR LUSTED WATER DISTRICT, OR LYONS R.F.P.D., OR LYONS-MEHAMA WATER DISTRICT, OR MADRAS AQUATIC CENTER DISTRICT, OR MAKAI SPECIAL ROAD DISTRICT, OR
MALHEUR COUNTY S.W.C.D., OR MALHEUR COUNTY VECTOR CONTROL DISTRICT, OR MALHEUR DISTRICT IMPROVEMENT COMPANY, OR MALHEUR DRAINAGE DISTRICT, OR MALHEUR MEMORIAL HEALTH DISTRICT, OR MALIN COMMUNITY CEMETERY MAINTENANCE DISTRICT, OR MALIN COMMUNITY PARK & RECREATION DISTRICT, OR MALIN IRRIGATION DISTRICT, OR MALIN R.F.P.D., OR MAPLETON FIRE DEPARTMENT, OR MAPLETON WATER DISTRICT, OR MARCOLA WATER DISTRICT, OR MARION COUNTY EXTENSION & 4H SERVICE DISTRICT, OR MARION COUNTY FIRE DISTRICT #1, OR MARION JACK IMPROVEMENT DISTRICT, OR MARION S.W.C.D., OR MARY'S RIVER ESTATES ROAD DISTRICT, OR MCDONALD FOREST ESTATES SPECIAL ROAD DISTRICT, OR MCKAY ACRES IMPROVEMENT DISTRICT, OR MCKAY DAM R.F.P.D. # 7-410, OR MCKENZIE FIRE & RESCUE, OR MCKENZIE PALISADES WATER SUPPLY CORPORATION, OR
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MCMINNVILLE R.F.P.D., OR MCNULTY WATER P.U.D., OR MEADOWS DRAINAGE DISTRICT, OR MEDFORD IRRIGATION DISTRICT, OR MEDFORD R.F.P.D. #2, OR MEDFORD WATER COMMISSION MEDICAL SPRINGS R.F.P.D., OR MELHEUR COUNTY JAIL, OR MERLIN COMMUNITY PARK DISTRICT, OR MERRILL CEMETERY MAINTENANCE DISTRICT, OR MERRILL PARK DISTRICT, OR MERRILL R.F.P.D., OR METRO REGIONAL GOVERNMENT METRO REGIONAL PARKS METROPOLITAN EXPOSITION RECREATION COMMISSION METROPOLITAN SERVICE DISTRICT (METRO) MID COUNTY CEMETERY MAINTENANCE DISTRICT, OR MID-COLUMBIA FIRE AND RESCUE, OR MIDDLE FORK IRRIGATION DISTRICT, OR MIDLAND COMMUNITY PARK, OR MIDLAND DRAINAGE IMPROVEMENT DISTRICT, OR MILES CROSSING SANITARY SEWER DISTRICT, OR MILL CITY R.F.P.D. #2-303, OR MILL FOUR DRAINAGE DISTRICT, OR MILLICOMA RIVER PARK & RECREATION DISTRICT, OR MILLINGTON R.F.P.D. #5, OR MILO VOLUNTEER FIRE DEPARTMENT, OR MILTON-FREEWATER AMBULANCE SERVICE AREA HEALTH DISTRICT, OR MILTON-FREEWATER WATER CONTROL DISTRICT, OR MIROCO SPECIAL ROAD DISTRICT, OR MIST-BIRKENFELD R.F.P.D., OR MODOC POINT IRRIGATION DISTRICT, OR MODOC POINT SANITARY DISTRICT, OR MOHAWK VALLEY R.F.P.D., OR MOLALLA AQUATIC DISTRICT, OR MOLALLA R.F.P.D. #73, OR MONITOR R.F.P.D., OR MONROE R.F.P.D., OR MONUMENT CEMETERY MAINTENANCE DISTRICT, OR MONUMENT S.W.C.D., OR MOOREA DRIVE SPECIAL ROAD DISTRICT, OR MORO R.F.P.D., OR MORROW COUNTY HEALTH DISTRICT, OR MORROW COUNTY UNIFIED RECREATION DISTRICT, OR MORROW S.W.C.D., OR MOSIER FIRE DISTRICT, OR MOUNTAIN DRIVE SPECIAL ROAD DISTRICT, OR MT. ANGEL R.F.P.D., OR MT. HOOD IRRIGATION DISTRICT, OR MT. LAKI CEMETERY DISTRICT, OR MT. VERNON R.F.P.D., OR MULINO WATER DISTRICT #1, OR MULTNOMAH COUNTY DRAINAGE DISTRICT #1, OR MULTNOMAH COUNTY R.F.P.D. #10, OR MULTNOMAH COUNTY R.F.P.D. #14, OR MULTNOMAH EDUCATION SERVICE DISTRICT MYRTLE CREEK R.F.P.D., OR NEAH-KAH-NIE WATER DISTRICT, OR NEDONNA R.F.P.D., OR NEHALEM BAY FIRE AND RESCUE, OR NEHALEM BAY HEALTH DISTRICT, OR
NEHALEM BAY WASTEWATER AGENCY, OR NESIKA BEACH-OPHIR WATER DISTRICT, OR NESKOWIN REGIONAL SANITARY AUTHORITY, OR NESKOWIN REGIONAL WATER DISTRICT, OR NESTUCCA R.F.P.D., OR NETARTS WATER DISTRICT, OR NETARTS-OCEANSIDE R.F.P.D., OR NETARTS-OCEANSIDE SANITARY DISTRICT, OR NEW BRIDGE WATER SUPPLY DISTRICT, OR NEW CARLTON FIRE DISTRICT, OR NEW ORLEANS REDEVELOPMENT AUTHORITY, LA NEW PINE CREEK R.F.P.D., OR NEWBERG R.F.P.D., OR NEWBERRY ESTATES SPECIAL ROAD DISTRICT, OR NEWPORT R.F.P.D., OR NEWT YOUNG DITCH DISTRICT IMPROVEMENT COMPANY, OR NORTH ALBANY R.F.P.D., OR NORTH BAY R.F.P.D. #9, OR NORTH CLACKAMAS PARKS & RECREATION DISTRICT, OR NORTH COUNTY RECREATION DISTRICT, OR NORTH DOUGLAS COUNTY FIRE & EMS, OR NORTH DOUGLAS PARK & RECREATION DISTRICT, OR NORTH GILLIAM COUNTY HEALTH DISTRICT, OR NORTH GILLIAM COUNTY R.F.P.D., OR NORTH LAKE HEALTH DISTRICT, OR NORTH LEBANON WATER CONTROL DISTRICT, OR NORTH LINCOLN FIRE & RESCUE DISTRICT #1, OR NORTH LINCOLN HEALTH DISTRICT, OR NORTH MORROW VECTOR CONTROL DISTRICT, OR NORTH SHERMAN COUNTY R.F.P.D, OR NORTH UNIT IRRIGATION DISTRICT, OR NORTHEAST OREGON HOUSING AUTHORITY, OR NORTHEAST WHEELER COUNTY HEALTH DISTRICT, OR NORTHERN WASCO COUNTY P.U.D., OR NORTHERN WASCO COUNTY PARK & RECREATION DISTRICT, OR
NYE DITCH USERS DISTRICT IMPROVEMENT, OR NYSSA ROAD ASSESSMENT DISTRICT #2, OR NYSSA RURAL FIRE DISTRICT, OR NYSSA-ARCADIA DRAINAGE DISTRICT, OR OAK LODGE WATER SERVICES, OR OAKLAND R.F.P.D., OR OAKVILLE COMMUNITY CENTER, OR OCEANSIDE WATER DISTRICT, OR OCHOCO IRRIGATION DISTRICT, OR OCHOCO WEST WATER AND SANITARY AUTHORITY, OR ODELL SANITARY DISTRICT, OR OLD OWYHEE DITCH IMPROVEMENT DISTRICT, OR OLNEY-WALLUSKI FIRE & RESCUE DISTRICT, OR ONTARIO LIBRARY DISTRICT, OR ONTARIO R.F.P.D., OR OPHIR R.F.P.D., OR OREGON COAST COMMUNITY ACTION OREGON HOUSING AND COMMUNITY SERVICES OREGON INTERNATIONAL PORT OF COOS BAY, OR OREGON LEGISLATIVE ADMINISTRATION OREGON OUTBACK R.F.P.D., OR OREGON POINT, OR OREGON TRAIL LIBRARY DISTRICT, OR OTTER ROCK WATER DISTRICT, OR OWW UNIT #2 SANITARY DISTRICT, OR OWYHEE CEMETERY MAINTENANCE DISTRICT, OR OWYHEE IRRIGATION DISTRICT, OR
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PACIFIC CITY JOINT WATER-SANITARY AUTHORITY, OR PACIFIC COMMUNITIES HEALTH DISTRICT, OR PACIFIC RIVIERA #3 SPECIAL ROAD DISTRICT, OR PALATINE HILL WATER DISTRICT, OR PALMER CREEK WATER DISTRICT IMPROVEMENT COMPANY, OR PANORAMIC ACCESS SPECIAL ROAD DISTRICT, OR PANTHER CREEK ROAD DISTRICT, OR PANTHER CREEK WATER DISTRICT, OR PARKDALE R.F.P.D., OR PARKDALE SANITARY DISTRICT, OR PENINSULA DRAINAGE DISTRICT #1, OR PENINSULA DRAINAGE DISTRICT #2, OR PHILOMATH FIRE AND RESCUE, OR PILOT ROCK CEMETERY MAINTENANCE DISTRICT #5, OR PILOT ROCK PARK & RECREATION DISTRICT, OR PILOT ROCK R.F.P.D., OR PINE EAGLE HEALTH DISTRICT, OR PINE FLAT DISTRICT IMPROVEMENT COMPANY, OR PINE GROVE IRRIGATION DISTRICT, OR PINE GROVE WATER DISTRICT-KLAMATH FALLS, OR PINE GROVE WATER DISTRICT-MAUPIN, OR PINE VALLEY CEMETERY DISTRICT, OR PINE VALLEY R.F.P.D., OR PINEWOOD COUNTRY ESTATES SPECIAL ROAD DISTRICT, OR PIONEER DISTRICT IMPROVEMENT COMPANY, OR PISTOL RIVER CEMETERY MAINTENANCE DISTRICT, OR PISTOL RIVER FIRE DISTRICT, OR PLEASANT HILL R.F.P.D., OR PLEASANT HOME WATER DISTRICT, OR POCAHONTAS MINING AND IRRIGATION DISTRICT, OR POE VALLEY IMPROVEMENT DISTRICT, OR POE VALLEY PARK & RECREATION DISTRICT, OR POE VALLEY VECTOR CONTROL DISTRICT, OR POLK COUNTY FIRE DISTRICT #1, OR POLK S.W.C.D., OR POMPADOUR WATER IMPROVEMENT DISTRICT, OR PONDEROSA PINES EAST SPECIAL ROAD DISTRICT, OR PORT OF ALSEA, OR PORT OF ARLINGTON, OR PORT OF ASTORIA, OR PORT OF BANDON, OR PORT OF BRANDON, OR PORT OF BROOKINGS HARBOR, OR PORT OF CASCADE LOCKS, OR PORT OF COQUILLE RIVER, OR PORT OF GARIBALDI, OR PORT OF GOLD BEACH, OR PORT OF HOOD RIVER, OR PORT OF MORGAN CITY, LA PORT OF MORROW, OR PORT OF NEHALEM, OR PORT OF NEWPORT, OR PORT OF PORT ORFORD, OR PORT OF PORTLAND, OR PORT OF SIUSLAW, OR PORT OF ST. HELENS, OR PORT OF THE DALLES, OR PORT OF TILLAMOOK BAY, OR PORT OF TOLEDO, OR PORT OF UMATILLA, OR
PORT OF UMPQUA, OR PORT ORFORD CEMETERY MAINTENANCE DISTRICT, OR PORT ORFORD PUBLIC LIBRARY DISTRICT, OR PORT ORFORD R.F.P.D., OR PORTLAND DEVELOPMENT COMMISSION, OR PORTLAND FIRE AND RESCUE PORTLAND HOUSING CENTER, OR POWDER R.F.P.D., OR POWDER RIVER R.F.P.D., OR POWDER VALLEY WATER CONTROL DISTRICT, OR POWERS HEALTH DISTRICT, OR PRAIRIE CEMETERY MAINTENANCE DISTRICT, OR PRINEVILLE LAKE ACRES SPECIAL ROAD DISTRICT #1, OR PROSPECT R.F.P.D., OR QUAIL VALLEY PARK IMPROVEMENT DISTRICT, OR QUEENER IRRIGATION IMPROVEMENT DISTRICT, OR RAINBOW WATER DISTRICT, OR RAINIER CEMETERY DISTRICT, OR RAINIER DRAINAGE IMPROVEMENT COMPANY, OR RALEIGH WATER DISTRICT, OR REDMOND AREA PARK & RECREATION DISTRICT, OR REDMOND FIRE AND RESCUE, OR RIDDLE FIRE PROTECTION DISTRICT, OR RIDGEWOOD DISTRICT IMPROVEMENT COMPANY, OR RIDGEWOOD ROAD DISTRICT, OR RIETH SANITARY DISTRICT, OR RIETH WATER DISTRICT, OR RIMROCK WEST IMPROVEMENT DISTRICT, OR RINK CREEK WATER DISTRICT, OR RIVER BEND ESTATES SPECIAL ROAD DISTRICT, OR RIVER FOREST ACRES SPECIAL ROAD DISTRICT, OR RIVER MEADOWS IMPROVEMENT DISTRICT, OR RIVER PINES ESTATES SPECIAL ROAD DISTRICT, OR RIVER ROAD PARK & RECREATION DISTRICT, OR RIVER ROAD WATER DISTRICT, OR
RIVERBEND RIVERBANK WATER IMPROVEMENT DISTRICT, OR RIVERDALE R.F.P.D. 11-JT, OR RIVERGROVE WATER DISTRICT, OR RIVERSIDE MISSION WATER CONTROL DISTRICT, OR RIVERSIDE R.F.P.D. #7-406, OR RIVERSIDE WATER DISTRICT, OR ROBERTS CREEK WATER DISTRICT, OR ROCK CREEK DISTRICT IMPROVEMENT, OR ROCK CREEK WATER DISTRICT, OR ROCKWOOD WATER P.U.D., OR ROCKY POINT FIRE & EMS, OR ROGUE RIVER R.F.P.D., OR ROGUE RIVER VALLEY IRRIGATION DISTRICT, OR ROGUE VALLEY SEWER SERVICES, OR ROGUE VALLEY SEWER, OR ROGUE VALLEY TRANSPORTATION DISTRICT, OR ROSEBURG URBAN SANITARY AUTHORITY, OR ROSEWOOD ESTATES ROAD DISTRICT, OR ROW RIVER VALLEY WATER DISTRICT, OR RURAL ROAD ASSESSMENT DISTRICT #3, OR RURAL ROAD ASSESSMENT DISTRICT #4, OR SAINT LANDRY PARISH TOURIST COMMISSION SAINT MARY PARISH REC DISTRICT 2 SAINT MARY PARISH REC DISTRICT 3 SAINT TAMMANY FIRE DISTRICT 4, LA SALEM AREA MASS TRANSIT DISTRICT, OR
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SALEM MASS TRANSIT DISTRICT SALEM SUBURBAN R.F.P.D., OR SALISHAN SANITARY DISTRICT, OR SALMON RIVER PARK SPECIAL ROAD DISTRICT, OR SALMON RIVER PARK WATER IMPROVEMENT DISTRICT, OR SALMONBERRY TRAIL INTERGOVERNMENTAL AGENCY, OR SANDPIPER VILLAGE SPECIAL ROAD DISTRICT, OR SANDY DRAINAGE IMPROVEMENT COMPANY, OR SANDY R.F.P.D. #72, OR SANTA CLARA R.F.P.D., OR SANTA CLARA WATER DISTRICT, OR SANTIAM WATER CONTROL DISTRICT, OR SAUVIE ISLAND DRAINAGE IMPROVEMENT COMPANY, OR SAUVIE ISLAND VOLUNTEER FIRE DISTRICT #30J, OR SCAPPOOSE DRAINAGE IMPROVEMENT COMPANY, OR SCAPPOOSE PUBLIC LIBRARY DISTRICT, OR SCAPPOOSE R.F.P.D., OR SCIO R.F.P.D., OR SCOTTSBURG R.F.P.D., OR SEAL ROCK R.F.P.D., OR SEAL ROCK WATER DISTRICT, OR SEWERAGE AND WATER BOARD OF NEW ORLEANS, LA SHANGRI-LA WATER DISTRICT, OR SHASTA VIEW IRRIGATION DISTRICT, OR SHELLEY ROAD CREST ACRES WATER DISTRICT, OR SHERIDAN FIRE DISTRICT, OR SHERMAN COUNTY HEALTH DISTRICT, OR SHERMAN COUNTY S.W.C.D., OR SHORELINE SANITARY DISTRICT, OR SILETZ KEYS SANITARY DISTRICT, OR SILETZ R.F.P.D., OR SILVER FALLS LIBRARY DISTRICT, OR SILVER LAKE IRRIGATION DISTRICT, OR SILVER LAKE R.F.P.D., OR SILVER SANDS SPECIAL ROAD DISTRICT, OR SILVERTON R.F.P.D. NO. 2, OR SISTERS PARKS & RECREATION DISTRICT, OR SISTERS-CAMP SHERMAN R.F.P.D., OR SIUSLAW PUBLIC LIBRARY DISTRICT, OR SIUSLAW S.W.C.D., OR SIUSLAW VALLEY FIRE AND RESCUE, OR SIXES R.F.P.D., OR SKIPANON WATER CONTROL DISTRICT, OR SKYLINE VIEW DISTRICT IMPROVEMENT COMPANY, OR SLEEPY HOLLOW WATER DISTRICT, OR SMITH DITCH DISTRICT IMPROVEMENT COMPANY, OR SOUTH CLACKAMAS TRANSPORTATION DISTRICT, OR SOUTH COUNTY HEALTH DISTRICT, OR SOUTH FORK WATER BOARD, OR SOUTH GILLIAM COUNTY CEMETERY DISTRICT, OR SOUTH GILLIAM COUNTY HEALTH DISTRICT, OR SOUTH GILLIAM COUNTY R.F.P.D. VI-301, OR SOUTH LAFOURCHE LEVEE DISTRICT, LA SOUTH LANE COUNTY FIRE & RESCUE, OR SOUTH SANTIAM RIVER WATER CONTROL DISTRICT, OR SOUTH SHERMAN FIRE DISTRICT, OR SOUTH SUBURBAN SANITARY DISTRICT, OR
SOUTH WASCO PARK & RECREATION DISTRICT, OR SOUTHERN COOS HEALTH DISTRICT, OR SOUTHERN CURRY CEMETERY MAINTENANCE DISTRICT, OR SOUTHVIEW IMPROVEMENT DISTRICT, OR SOUTHWEST LINCOLN COUNTY WATER DISTRICT, OR SOUTHWESTERN POLK COUNTY R.F.P.D., OR SOUTHWOOD PARK WATER DISTRICT, OR SPECIAL ROAD DISTRICT #1, OR SPECIAL ROAD DISTRICT #8, OR SPRING RIVER SPECIAL ROAD DISTRICT, OR SPRINGFIELD UTILITY BOARD, OR ST. PAUL R.F.P.D., OR STANFIELD CEMETERY DISTRICT #6, OR STANFIELD IRRIGATION DISTRICT, OR STARR CREEK ROAD DISTRICT, OR STARWOOD SANITARY DISTRICT, OR STAYTON FIRE DISTRICT, OR SUBLIMITY FIRE DISTRICT, OR SUBURBAN EAST SALEM WATER DISTRICT, OR SUBURBAN LIGHTING DISTRICT, OR SUCCOR CREEK DISTRICT IMPROVEMENT COMPANY, OR SUMMER LAKE IRRIGATION DISTRICT, OR SUMMERVILLE CEMETERY MAINTENANCE DISTRICT, OR SUMNER R.F.P.D., OR SUN MOUNTAIN SPECIAL ROAD DISTRICT, OR SUNDOWN SANITATION DISTRICT, OR SUNFOREST ESTATES SPECIAL ROAD DISTRICT, OR SUNNYSIDE IRRIGATION DISTRICT, OR SUNRISE WATER AUTHORITY, OR SUNRIVER SERVICE DISTRICT, OR SUNSET EMPIRE PARK & RECREATION DISTRICT, OR SUNSET EMPIRE TRANSPORTATION DISTRICT, OR SURFLAND ROAD DISTRICT, OR SUTHERLIN VALLEY RECREATION DISTRICT, OR SUTHERLIN WATER CONTROL DISTRICT, OR
SWALLEY IRRIGATION DISTRICT, OR SWEET HOME CEMETERY MAINTENANCE DISTRICT, OR SWEET HOME FIRE & AMBULANCE DISTRICT, OR SWISSHOME-DEADWOOD R.F.P.D., OR TABLE ROCK DISTRICT IMPROVEMENT COMPANY, OR TALENT IRRIGATION DISTRICT, OR TANGENT R.F.P.D., OR TENMILE R.F.P.D., OR TERREBONNE DOMESTIC WATER DISTRICT, OR THE DALLES IRRIGATION DISTRICT, OR THOMAS CREEK-WESTSIDE R.F.P.D., OR THREE RIVERS RANCH ROAD DISTRICT, OR THREE SISTERS IRRIGATION DISTRICT, OR TIGARD TUALATIN AQUATIC DISTRICT, OR TIGARD WATER DISTRICT, OR TILLAMOOK BAY FLOOD IMPROVEMENT DISTRICT, OR TILLAMOOK COUNTY EMERGENCY COMMUNICATIONS DISTRICT, OR TILLAMOOK COUNTY S.W.C.D., OR TILLAMOOK COUNTY TRANSPORTATION DISTRICT, OR TILLAMOOK FIRE DISTRICT, OR TILLAMOOK P.U.D., OR TILLER R.F.P.D., OR
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TOBIN DITCH DISTRICT IMPROVEMENT COMPANY, OR TOLEDO R.F.P.D., OR TONE WATER DISTRICT, OR TOOLEY WATER DISTRICT, OR TRASK DRAINAGE DISTRICT, OR TRI CITY R.F.P.D. #4, OR TRI-CITY WATER & SANITARY AUTHORITY, OR TRI-COUNTY METROPOLITAN TRANSPORTATION DISTRICT OF OREGON TRIMET, OR TUALATIN HILLS PARK & RECREATION DISTRICT TUALATIN HILLS PARK & RECREATION DISTRICT, OR TUALATIN S.W.C.D., OR TUALATIN VALLEY FIRE & RESCUE TUALATIN VALLEY FIRE & RESCUE, OR TUALATIN VALLEY IRRIGATION DISTRICT, OR TUALATIN VALLEY WATER DISTRICT TUALATIN VALLEY WATER DISTRICT, OR TUMALO IRRIGATION DISTRICT, OR TURNER FIRE DISTRICT, OR TWIN ROCKS SANITARY DISTRICT, OR TWO RIVERS NORTH SPECIAL ROAD DISTRICT, OR TWO RIVERS S.W.C.D., OR TWO RIVERS SPECIAL ROAD DISTRICT, OR TYGH VALLEY R.F.P.D., OR TYGH VALLEY WATER DISTRICT, OR UMATILLA COUNTY FIRE DISTRICT #1, OR UMATILLA COUNTY S.W.C.D., OR UMATILLA COUNTY SPECIAL LIBRARY DISTRICT, OR UMATILLA HOSPITAL DISTRICT, OR UMATILLA R.F.P.D. #7-405, OR UMATILLA-MORROW RADIO AND DATA DISTRICT, OR UMPQUA S.W.C.D., OR UNION CEMETERY MAINTENANCE DISTRICT, OR UNION COUNTY SOLID WASTE DISPOSAL DISTRICT, OR UNION COUNTY VECTOR CONTROL DISTRICT, OR UNION GAP SANITARY DISTRICT, OR UNION GAP WATER DISTRICT, OR UNION HEALTH DISTRICT, OR UNION R.F.P.D., OR UNION S.W.C.D., OR UNITY COMMUNITY PARK & RECREATION DISTRICT, OR UPPER CLEVELAND RAPIDS ROAD DISTRICT, OR UPPER MCKENZIE R.F.P.D., OR UPPER WILLAMETTE S.W.C.D., OR VALE OREGON IRRIGATION DISTRICT, OR VALE RURAL FIRE PROTECTION DISTRICT, OR VALLEY ACRES SPECIAL ROAD DISTRICT, OR VALLEY VIEW CEMETERY MAINTENANCE DISTRICT, OR VALLEY VIEW WATER DISTRICT, OR VANDEVERT ACRES SPECIAL ROAD DISTRICT, OR VERNONIA R.F.P.D., OR VINEYARD MOUNTAIN PARK & RECREATION DISTRICT, OR VINEYARD MOUNTAIN SPECIAL ROAD DISTRICT, OR WALLA WALLA RIVER IRRIGATION DISTRICT, OR WALLOWA COUNTY HEALTH CARE DISTRICT, OR WALLOWA LAKE COUNTY SERVICE DISTRICT, OR WALLOWA LAKE IRRIGATION DISTRICT, OR WALLOWA LAKE R.F.P.D., OR
WALLOWA S.W.C.D., OR WALLOWA VALLEY IMPROVEMENT DISTRICT #1, OR WAMIC R.F.P.D., OR WAMIC WATER & SANITARY AUTHORITY, OR WARMSPRINGS IRRIGATION DISTRICT, OR WASCO COUNTY S.W.C.D., OR WATER ENVIRONMENT SERVICES, OR WATER WONDERLAND IMPROVEMENT DISTRICT, OR WATERBURY & ALLEN DITCH IMPROVEMENT DISTRICT, OR WATSECO-BARVIEW WATER DISTRICT, OR WAUNA WATER DISTRICT, OR WEDDERBURN SANITARY DISTRICT, OR WEST EAGLE VALLEY WATER CONTROL DISTRICT, OR WEST EXTENSION IRRIGATION DISTRICT, OR WEST LABISH DRAINAGE & WATER CONTROL IMPROVEMENT DISTRICT, OR WEST MULTNOMAH S.W.C.D., OR WEST SIDE R.F.P.D., OR WEST SLOPE WATER DISTRICT, OR WEST UMATILLA MOSQUITO CONTROL DISTRICT, OR WEST VALLEY FIRE DISTRICT, OR WESTERN HEIGHTS SPECIAL ROAD DISTRICT, OR WESTERN LANE AMBULANCE DISTRICT, OR WESTLAND IRRIGATION DISTRICT, OR WESTON ATHENA MEMORIAL HALL PARK & RECREATION DISTRICT, OR WESTON CEMETERY DISTRICT #2, OR WESTPORT FIRE AND RESCUE, OR WESTRIDGE WATER SUPPLY CORPORATION, OR WESTWOOD HILLS ROAD DISTRICT, OR WESTWOOD VILLAGE ROAD DISTRICT, OR WHEELER S.W.C.D., OR WHITE RIVER HEALTH DISTRICT, OR WIARD MEMORIAL PARK DISTRICT, OR WICKIUP WATER DISTRICT, OR
WILLAKENZIE R.F.P.D., OR WILLAMALANE PARK & RECREATION DISTRICT, OR WILLAMALANE PARK AND RECREATION DISTRICT WILLAMETTE HUMANE SOCIETY WILLAMETTE RIVER WATER COALITION, OR WILLIAMS R.F.P.D., OR WILLOW CREEK PARK DISTRICT, OR WILLOW DALE WATER DISTRICT, OR WILSON RIVER WATER DISTRICT, OR WINCHESTER BAY R.F.P.D., OR WINCHESTER BAY SANITARY DISTRICT, OR WINCHUCK R.F.P.D., OR WINSTON-DILLARD R.F.P.D., OR WINSTON-DILLARD WATER DISTRICT, OR WOLF CREEK R.F.P.D., OR WOOD RIVER DISTRICT IMPROVEMENT COMPANY, OR WOODBURN R.F.P.D. NO. 6, OR WOODLAND PARK SPECIAL ROAD DISTRICT, OR WOODS ROAD DISTRICT, OR WRIGHT CREEK ROAD WATER IMPROVEMENT DISTRICT, OR WY'EAST FIRE DISTRICT, OR YACHATS R.F.P.D., OR YAMHILL COUNTY TRANSIT AREA, OR YAMHILL FIRE PROTECTION DISTRICT, OR YAMHILL SWCD, OR YONCALLA PARK & RECREATION DISTRICT, OR
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YOUNGS RIVER-LEWIS & CLARK WATER DISTRICT, OR ZUMWALT R.F.P.D., OR
K-12 INCLUDING BUT NOT LIMITED TO:ACADIA PARISH SCHOOL BOARD BEAVERTON SCHOOL DISTRICT BEND-LA PINE SCHOOL DISTRICT BOGALUSA HIGH SCHOOL, LA BOSSIER PARISH SCHOOL BOARD BROOKING HARBOR SCHOOL DISTRICT CADDO PARISH SCHOOL DISTRICT CALCASIEU PARISH SCHOOL DISTRICT CANBY SCHOOL DISTRICT CANYONVILLE CHRISTIAN ACADEMY CASCADE SCHOOL DISTRICT CASCADES ACADEMY OF CENTRAL OREGON CENTENNIAL SCHOOL DISTRICT CENTRAL CATHOLIC HIGH SCHOOL CENTRAL POINT SCHOOL DISTRICT NO.6 CENTRAL SCHOOL DISTRICT 13J COOS BAY SCHOOL DISTRICT NO.9 CORVALLIS SCHOOL DISTRICT 509J COUNTY OF YAMHILL SCHOOL DISTRICT 29 CULVER SCHOOL DISTRICT DALLAS SCHOOL DISTRICT NO.2 DAVID DOUGLAS SCHOOL DISTRICT DAYTON SCHOOL DISTRICT NO.8 DE LA SALLE N CATHOLIC HS DESCHUTES COUNTY SCHOOL DISTRICT NO.6 DOUGLAS EDUCATIONAL DISTRICT SERVICE DUFUR SCHOOL DISTRICT NO.29 EAST BATON ROUGE PARISH SCHOOL DISTRICT ESTACADA SCHOOL DISTRICT NO.10B FOREST GROVE SCHOOL DISTRICT GEORGE MIDDLE SCHOOL GLADSTONE SCHOOL DISTRICT GRANTS PASS SCHOOL DISTRICT 7 GREATER ALBANY PUBLIC SCHOOL DISTRICT GRESHAM BARLOW JOINT SCHOOL DISTRICT HEAD START OF LANE COUNTY HIGH DESERT EDUCATION SERVICE DISTRICT HILLSBORO SCHOOL DISTRICT HOOD RIVER COUNTY SCHOOL DISTRICT JACKSON CO SCHOOL DIST NO.9 JEFFERSON COUNTY SCHOOL DISTRICT 509-J JEFFERSON PARISH SCHOOL DISTRICT JEFFERSON SCHOOL DISTRICT JUNCTION CITY SCHOOLS, OR KLAMATH COUNTY SCHOOL DISTRICT KLAMATH FALLS CITY SCHOOLS LAFAYETTE PARISH SCHOOL DISTRICT LAKE OSWEGO SCHOOL DISTRICT 7J LANE COUNTY SCHOOL DISTRICT 4J LINCOLN COUNTY SCHOOL DISTRICT LINN CO. SCHOOL DIST. 95C LIVINGSTON PARISH SCHOOL DISTRICT LOST RIVER JR/SR HIGH SCHOOL LOWELL SCHOOL DISTRICT NO.71 SALEM-KEIZER PUBLIC SCHOOLS 24J MARION COUNTY SCHOOL DISTRICT 103 MARIST HIGH SCHOOL, OR MCMINNVILLE SCHOOL DISTRICT NOAO MEDFORD SCHOOL DISTRICT 549C MITCH CHARTER SCHOOL MONROE SCHOOL DISTRICT NO.1J MORROW COUNTY SCHOOL DIST, OR MULTNOMAH EDUCATION SERVICE DISTRICT
MULTISENSORY LEARNING ACADEMY MYRTLE PINT SCHOOL DISTRICT 41 NEAH-KAH-NIE DISTRICT NO.56 NEWBERG PUBLIC SCHOOLS NESTUCCA VALLEY SCHOOL DISTRICT NO.101 NOBEL LEARNING COMMUNITIES NORTH BEND SCHOOL DISTRICT 13 NORTH CLACKAMAS SCHOOL DISTRICT NORTH DOUGLAS SCHOOL DISTRICT NORTH WASCO CITY SCHOOL DISTRICT 21 NORTHWEST REGIONAL EDUCATION SERVICE DISTRICT ONTARIO MIDDLE SCHOOL OREGON TRAIL SCHOOL DISTRICT NOA6 ORLEANS PARISH SCHOOL DISTRICT PHOENIX-TALENT SCHOOL DISTRICT NOA PLEASANT HILL SCHOOL DISTRICT PORTLAND JEWISH ACADEMY PORTLAND PUBLIC SCHOOLS RAPIDES PARISH SCHOOL DISTRICT REDMOND SCHOOL DISTRICT REYNOLDS SCHOOL DISTRICT ROGUE RIVER SCHOOL DISTRICT ROSEBURG PUBLIC SCHOOLS SCAPPOOSE SCHOOL DISTRICT 1J SAINT TAMMANY PARISH SCHOOL BOARD, LA SEASIDE SCHOOL DISTRICT 10 SHERWOOD SCHOOL DISTRICT 88J SILVER FALLS SCHOOL DISTRICT 4J SOUTH LANE SCHOOL DISTRICT 45J3 SOUTHERN OREGON EDUCATION SERVICE DISTRICT SPRINGFIELD PUBLIC SCHOOLS SUTHERLIN SCHOOL DISTRICT SWEET HOME SCHOOL DISTRICT NO.55 TERREBONNE PARISH SCHOOL DISTRICT THE CATLIN GABEL SCHOOL TIGARD-TUALATIN SCHOOL DISTRICT UMATILLA MORROW ESD WEST LINN WILSONVILLE SCHOOL DISTRICT
WILLAMETTE EDUCATION SERVICE DISTRICT WOODBURN SCHOOL DISTRICT YONCALLA SCHOOL DISTRICT ACADEMY FOR MATH ENGINEERING & SCIENCE (AMES), UT ALIANZA ACADEMY, UT ALPINE DISTRICT, UT AMERICAN LEADERSHIP ACADEMY, UT AMERICAN PREPARATORY ACADEMY, UT BAER CANYON HIGH SCHOOL FOR SPORTS & MEDICAL SCIENCES, UT BEAR RIVER CHARTER SCHOOL, UT BEAVER SCHOOL DISTRICT, UT BEEHIVE SCIENCE & TECHNOLOGY ACADEMY (BSTA) , UT BOX ELDER SCHOOL DISTRICT, UT CBA CENTER, UT CACHE SCHOOL DISTRICT, UT CANYON RIM ACADEMY, UT CANYONS DISTRICT, UT CARBON SCHOOL DISTRICT, UT CHANNING HALL, UT CHARTER SCHOOL LEWIS ACADEMY, UT CITY ACADEMY, UT DAGGETT SCHOOL DISTRICT, UT DAVINCI ACADEMY, UT DAVIS DISTRICT, UT DUAL IMMERSION ACADEMY, UT
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DUCHESNE SCHOOL DISTRICT, UT EARLY LIGHT ACADEMY AT DAYBREAK, UT EAST HOLLYWOOD HIGH, UT EDITH BOWEN LABORATORY SCHOOL, UT EMERSON ALCOTT ACADEMY, UT EMERY SCHOOL DISTRICT, UT ENTHEOS ACADEMY, UT EXCELSIOR ACADEMY, UT FAST FORWARD HIGH, UT FREEDOM ACADEMY, UT GARFIELD SCHOOL DISTRICT, UT GATEWAY PREPARATORY ACADEMY, UT GEORGE WASHINGTON ACADEMY, UT GOOD FOUNDATION ACADEMY, UT GRAND SCHOOL DISTRICT, UT GRANITE DISTRICT, UT GUADALUPE SCHOOL, UT HAWTHORN ACADEMY, UT INTECH COLLEGIATE HIGH SCHOOL, UT IRON SCHOOL DISTRICT, UT ITINERIS EARLY COLLEGE HIGH, UT JOHN HANCOCK CHARTER SCHOOL, UT JORDAN DISTRICT, UT JUAB SCHOOL DISTRICT, UT KANE SCHOOL DISTRICT, UT KARL G MAESER PREPARATORY ACADEMY, UT LAKEVIEW ACADEMY, UT LEGACY PREPARATORY ACADEMY, UT LIBERTY ACADEMY, UT LINCOLN ACADEMY, UT LOGAN SCHOOL DISTRICT, UT MARIA MONTESSORI ACADEMY, UT MERIT COLLEGE PREPARATORY ACADEMY, UT MILLARD SCHOOL DISTRICT, UT MOAB CHARTER SCHOOL, UT MONTICELLO ACADEMY, UT MORGAN SCHOOL DISTRICT, UT MOUNTAINVILLE ACADEMY, UT MURRAY SCHOOL DISTRICT, UT NAVIGATOR POINTE ACADEMY, UT NEBO SCHOOL DISTRICT, UT NO UT ACAD FOR MATH ENGINEERING & SCIENCE (NUAMES), UT NOAH WEBSTER ACADEMY, UT NORTH DAVIS PREPARATORY ACADEMY, UT NORTH SANPETE SCHOOL DISTRICT, UT NORTH STAR ACADEMY, UT NORTH SUMMIT SCHOOL DISTRICT, UT ODYSSEY CHARTER SCHOOL, UT OGDEN PREPARATORY ACADEMY, UT OGDEN SCHOOL DISTRICT, UT OPEN CLASSROOM, UT OPEN HIGH SCHOOL OF UTAH, UT OQUIRRH MOUNTAIN CHARTER SCHOOL, UT PARADIGM HIGH SCHOOL, UT PARK CITY SCHOOL DISTRICT, UT PINNACLE CANYON ACADEMY, UT PIUTE SCHOOL DISTRICT, UT PROVIDENCE HALL, UT PROVO SCHOOL DISTRICT, UT QUAIL RUN PRIMARY SCHOOL, UT QUEST ACADEMY, UT RANCHES ACADEMY, UT REAGAN ACADEMY, UT RENAISSANCE ACADEMY, UT RICH SCHOOL DISTRICT, UT ROCKWELL CHARTER HIGH SCHOOL, UT SALT LAKE ARTS ACADEMY, UT
SALT LAKE CENTER FOR SCIENCE EDUCATION, UT SALT LAKE SCHOOL DISTRICT, UT SALT LAKE SCHOOL FOR THE PERFORMING ARTS, UT SAN JUAN SCHOOL DISTRICT, UT SEVIER SCHOOL DISTRICT, UT SOLDIER HOLLOW CHARTER SCHOOL, UT SOUTH SANPETE SCHOOL DISTRICT, UT SOUTH SUMMIT SCHOOL DISTRICT, UT SPECTRUM ACADEMY, UT SUCCESS ACADEMY, UT SUCCESS SCHOOL, UT SUMMIT ACADEMY, UT SUMMIT ACADEMY HIGH SCHOOL, UT SYRACUSE ARTS ACADEMY, UT THOMAS EDISON - NORTH, UT TIMPANOGOS ACADEMY, UT TINTIC SCHOOL DISTRICT, UT TOOELE SCHOOL DISTRICT, UT TUACAHN HIGH SCHOOL FOR THE PERFORMING ARTS, UT UINTAH RIVER HIGH, UT UINTAH SCHOOL DISTRICT, UT UTAH CONNECTIONS ACADEMY, UT UTAH COUNTY ACADEMY OF SCIENCE, UT UTAH ELECTRONIC HIGH SCHOOL, UT UTAH SCHOOLS FOR DEAF & BLIND, UT UTAH STATE OFFICE OF EDUCATION, UT UTAH VIRTUAL ACADEMY, UT VENTURE ACADEMY, UT VISTA AT ENTRADA SCHOOL OF PERFORMING ARTS AND TECHNOLOGY, UT WALDEN SCHOOL OF LIBERAL ARTS, UT WASATCH PEAK ACADEMY, UT WASATCH SCHOOL DISTRICT, UT WASHINGTON SCHOOL DISTRICT, UT WAYNE SCHOOL DISTRICT, UT WEBER SCHOOL DISTRICT, UT WEILENMANN SCHOOL OF DISCOVERY, UT HIGHER EDUCATION ARGOSY UNIVERSITY BATON ROUGE COMMUNITY COLLEGE, LA BIRTHINGWAY COLLEGE OF MIDWIFERY BLUE MOUNTAIN COMMUNITY COLLEGE BRIGHAM YOUNG UNIVERSITY - HAWAII CENTRAL OREGON COMMUNITY COLLEGE CENTENARY COLLEGE OF LOUISIANA CHEMEKETA COMMUNITY COLLEGE CLACKAMAS COMMUNITY COLLEGE COLLEGE OF THE MARSHALL ISLANDS COLUMBIA GORGE COMMUNITY COLLEGE CONCORDIA UNIVERSITY GEORGE FOX UNIVERSITY KLAMATH COMMUNITY COLLEGE DISTRICT LANE COMMUNITY COLLEGE LEWIS AND CLARK COLLEGE LINFIELD COLLEGE LINN-BENTON COMMUNITY COLLEGE LOUISIANA COLLEGE, LA LOUISIANA STATE UNIVERSITY LOUISIANA STATE UNIVERSITY HEALTH SERVICES MARYLHURST UNIVERSITY MT. HOOD COMMUNITY COLLEGE MULTNOMAH BIBLE COLLEGE NATIONAL COLLEGE OF NATURAL MEDICINE NORTHWEST CHRISTIAN COLLEGE OREGON HEALTH AND SCIENCE UNIVERSITY
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OREGON INSTITUTE OF TECHNOLOGY OREGON STATE UNIVERSITY OREGON UNIVERSITY SYSTEM PACIFIC UNIVERSITY PIONEER PACIFIC COLLEGE PORTLAND COMMUNITY COLLEGE PORTLAND STATE UNIVERSITY REED COLLEGE RESEARCH CORPORATION OF THE UNIVERSITY OF HAWAII ROGUE COMMUNITY COLLEGE SOUTHEASTERN LOUISIANA UNIVERSITY SOUTHERN OREGON UNIVERSITY (OREGON UNIVERSITY SYSTEM) SOUTHWESTERN OREGON COMMUNITY COLLEGE TULANE UNIVERSITY TILLAMOOK BAY COMMUNITY COLLEGE UMPQUA COMMUNITY COLLEGE UNIVERSITY OF HAWAII BOARD OF REGENTS UNIVERSITY OF HAWAII-HONOLULU COMMUNITY COLLEGE UNIVERSITY OF OREGON-GRADUATE SCHOOL UNIVERSITY OF PORTLAND UNIVERSITY OF NEW ORLEANS WESTERN OREGON UNIVERSITY WESTERN STATES CHIROPRACTIC COLLEGE WILLAMETTE UNIVERSITY XAVIER UNIVERSITY UTAH SYSTEM OF HIGHER EDUCATION, UT UNIVERSITY OF UTAH, UT UTAH STATE UNIVERSITY, UT WEBER STATE UNIVERSITY, UT SOUTHERN UTAH UNIVERSITY, UT SNOW COLLEGE, UT DIXIE STATE COLLEGE, UT COLLEGE OF EASTERN UTAH, UT UTAH VALLEY UNIVERSITY, UT SALT LAKE COMMUNITY COLLEGE, UT UTAH COLLEGE OF APPLIED TECHNOLOGY, UT STATE AGENCIES ADMIN. SERVICES OFFICE BOARD OF MEDICAL EXAMINERS HAWAII CHILD SUPPORT ENFORCEMENT AGENCY HAWAII DEPARTMENT OF TRANSPORTATION HAWAII HEALTH SYSTEMS CORPORATION OFFICE OF MEDICAL ASSISTANCE PROGRAMS OFFICE OF THE STATE TREASURER OREGON BOARD OF ARCHITECTS OREGON CHILD DEVELOPMENT COALITION OREGON DEPARTMENT OF EDUCATION OREGON DEPARTMENT OF FORESTRY OREGON DEPT OF TRANSPORTATION OREGON DEPT. OF EDUCATION OREGON LOTTERY OREGON OFFICE OF ENERGY OREGON STATE BOARD OF NURSING OREGON STATE DEPT OF CORRECTIONS OREGON STATE POLICE OREGON TOURISM COMMISSION OREGON TRAVEL INFORMATION COUNCIL SANTIAM CANYON COMMUNICATION CENTER SEIU LOCAL 503, OPEU SOH- JUDICIARY CONTRACTS AND PURCH STATE DEPARTMENT OF DEFENSE, STATE OF HAWAII STATE OF HAWAII STATE OF HAWAII, DEPT. OF EDUCATION
STATE OF LOUISIANA STATE OF LOUISIANA DEPT. OF EDUCATION STATE OF LOUISIANA, 26TH JUDICIAL DISTRICT ATTORNEY STATE OF UTAH HEART OF APPALACHIA REGION (VIRGINIA) to include: CITIES & TOWNS
Bluefield, VA
Grundy, VA
Norton, VA
Town of Tazewell, VA
Big Stone Gap, VA
Clintwood, VA
St. Paul, VA
COUNTIES
Buchanan County, VA
Dickenson County, VA
Lee County, VA
Russell County, VA
Scott County, VA
Tazewell County, VA
Wise County, VA
BLUE RIDGE HIGHLANDS REGION (VIRGINA) to include:
CITIES & TOWNS
Abingdon, VA
Blacksburg, VA
Bristol, VA
Christiansburg, VA
Damascus, VA
Galax, VA
Marion, VA
Pulaski, VA
Radford, VA
Wytheville, VA
COUNTIES
Bland County, VA
Carroll County, VA
Floyd County, VA
Giles County, VA
Grayson County, VA
Montgomery County, VA
Patrick County, VA
Pulaski County, VA
Smyth County, VA
Washington County, VA
Wythe County, VA
CENTRAL VIRGINIA REGION (VIRGINA) to include:
CITIES & TOWNS COUNTIES
Appomattox, VA Albemarie County, VA
Ashland, VA Amelia County, VA
Blackstone, VA Amherst County, VA
Charlottesville, VA Appomattox County, VA
Colonial Heights, VA Buckingham County, VA
Chester, VA Campbell County, VA
Farmville, VA Chesterfield County, VA
Hopewell, VA Cumberland County, VA
Lynchburg, VA Dinwiddie County, VA
Petersburg, VA Fluvanna County, VA
Richmond, VA Goochland County, VA
Scottsville, VA Greene County, VA
Wintergreen, VA Hanover County, VA
Henrico County, VA
Louisa County, VA
Madison County, VA
Nelson County, VA
Nottoway County, VA
Orange County, VA
Powhatan County, VA
Prince Edward County, VA
Prince George County, VA
Sussex County, VA
TIDEWATER REGION (WHICH ALSO INCLUDES THE CHESAPEAKE BAY REGION) (VIRGINA) to include:
CITIES & TOWNS COUNTIES
Kilmarnock, VA Middlesex County, VA
Warsaw, VA Lancaster County, VA
Urbanna, VA Northumberland County, VA
West Point, VA Richmond County, VA
Colonial Beach, VA King William County, VA
Tappahannock, VA King & Queen County, VA
Gloucester, VA Mathews County, VA
Irvington, VA Westmoreland County, VA
Essex County, VA
Gloucester County, VA
King George County, VA
COASTAL VIRGINIA - EASTERN SHORE REGION (VIRGINA) to include:
CITIES & TOWNS COUNTIES
Accomac, VA Northampton County, VA
Cape Charles, VA Accomack County, VA
Chincoteague Island, VA
Exmore, VA
Onanock, VA
Tangier Island, VA
Wachapreague, VA
Tidewater COASTAL VIRGINIA - HAMPTON ROADS REGION (VIRGINA) to include:
CITIES & TOWNS COUNTIES
Charles City, VA Charles City County, VA
Chesapeake, VA Isle of Wight County, VA
Franklin, VA James City County, VA
Hampton, VA New Kent County, VA
Newport News, VA Southampton County, VA
Norfolk, VA Surry County, VA
Poquoson, VA York County, VA
Portsmouth, VA
Smithfield, VA
Suffolk, VA
Virginia Beach, VA
Williamsburg, VA
Yorktown, VA
NORTHERN VIRGNIA REGION (VIRGINA) to include:
CITIES & TOWNS COUNTIES
Alexandria, VA Rappanhannock County, VA
Arlington, VA Fauquier County, VA
Centreville, VA Stafford County, VA
Chantilly, VA Spotsylvania County, VA
Clifton, VA Caroline County, VA
Culpeper, VA Prince William County, VA
Dulles, VA Fairfax County, VA
Falls Church, VA Loudoun County, VA
Fairfax, VA Culpeper County, VA
Fredericksburg, VA
Herndon, VA
Leesburg, VA
Lorton, VA
Manassas Park, VA
Manassas, VA
Marshall, VA
McLean, VA
Middleburg, VA
Occoquan, VA
Purcellville, VA
Reston, VA
Spotsylvania, VA
Springfield, VA
Triangle, VA
Vienna, VA
Warrenton, VA
Woodbridge, VA
Washington, VA
SHENANDOAH VALLEY REGION (VIRGINA) to include:
CITIES & TOWNS
Berryville, VA Shenandoah, VA
Buena Vista, VA Staunton, VA
Front Royal, VA Waynesboro, VA
Harrisonburg, VA Winchester, VA
Lexington, VA
Luray, VA
Natural Bridge VA
COUNTIES
Augusta County, VA
Clarke County, VA
Frederick County, VA
Page County, VA
Rockbridge County, VA
Rockingham County, VA
Shenandoah County, VA
Warren County, VA
SOUTHERN VIRGINIA (VIRGINA) to include: CITIES & TOWNS COUNTIES
Danville, VA Brunswick County, VA
Emporia, VA Charlotte County, VA
Martinsville, VA Greensville County, VA
South Boston, VA Henry County, VA
South Hill, VA Halifax County, VA
Clarksville, VA Lunenburg County, VA
Mecklenburg County, VA
Pittsylvania County, VA
VIRGINIA MOUNTAINS REGION (VIRGINA) to include:
CITIES & TOWNS COUNTIES
Bedford, VA Alleghany County, VA
Buchanan, VA Bath County, VA
Clifton Forge, VA Bedford County, VA
Covington, VA Botetourt County, VA
Fincastle, VA Craig County, VA
Hot Springs, VA Franklin County, VA
New Castle, VA Highland County, VA
Roanoke, VA Roanoke County, VA
Rocky Mount, VA
Salem, VA
Troutville, VA
Vinton, VA
Warm Springs, VA
SCHOOL DISTRICTS (VIRGINA) to include:
Accomack County Public Schools, VA Lunenburg County Public Schools, VA
Albemarle County Public Schools, VA Lynchburg City Public Schools, VA
Alexandria City Public Schools, VA Madison County Public Schools, VA
Alleghany County Public Schools, VA Manassas City Public Schools, VA
Amelia County Public Schools, VA Manassas Park City Public Schools, VA
Amherst County Public Schools, VA Martinsville City Public Schools, VA
Appomattox County Public Schools, VA Mathews County Public Schools, VA
Arlington Public Schools, VA Mecklenburg County Public Schools, VA
Augusta County Public Schools, VA Middlesex County Public Schools, VA
Bath County Public Schools, VA Montgomery County Public Schools, VA
Bedford City Public Schools, VA Nelson County Public Schools, VA
Bedford County Public Schools, VA New Kent County Public Schools, VA
Bland County Public Schools, VA Newport News Public Schools, VA
Botetourt County Public Schools, VA Norfolk Public Schools, VA
Bristol Public Schools, VA Northampton County Public Schools, VA
Brunswick County Public Schools, VA Northumberland County Public Schools, VA
Buchanan County Public Schools, VA Norton City Schools, VA
Buckingham County Public Schools, VA Nottoway County Public Schools, VA
Buena Vista City Public Schools, VA Orange County Public Schools, VA
Campbell County Public Schools, VA Page County Public Schools, VA
Caroline County Public Schools, VA Patrick County Public Schools, VA
Carroll County Public Schools, VA Petersburg City Public Schools, VA
Charles City County Public Schools, VA Pittsylvania County Public Schools, VA
Charlotte County Public Schools, VA Poquoson City Public Schools, VA
Charlottesville City Schools, VA Portsmouth Public Schools, VA
Chesapeake Public Schools, VA Powhatan County Public Schools, VA
Chesterfield County Public Schools, VA Prince Edward County Public Schools, VA
Clarke County Public Schools, VA Prince George County Public Schools, VA
Colonial Beach Public Schools, VA Prince William County Public Schools, VA
Colonial Heights Public Schools, VA Pulaski County Public Schools, VA
Covington City Public Schools, VA Radford City Schools, VA
Craig County Public Schools, VA Rappahannock County Public Schools, VA
Culpeper County Public Schools, VA Richmond County Public Schools, VA
Cumberland County Public Schools, VA Richmond Public Schools, VA
Danville Public Schools, VA Roanoke City Public Schools, VA
Dickenson County Public Schools, VA Roanoke County Public Schools, VA
Dinwiddie County Public Schools, VA Rockbridge County Public Schools, VA
Essex County Public Schools, VA Rockingham County Public Schools, VA
Fairfax County Public Schools, VA Russell County Public Schools, VA
Falls Church City Public Schools, VA Salem City Schools, VA
Fauquier County Public Schools, VA Scott County Public Schools, VA
Floyd County Public Schools, VA Shenandoah County Public Schools, VA
Fluvanna County Public Schools, VA Smyth County Public Schools, VA
Franklin City Public Schools, VA Southampton County Public Schools, VA
Franklin County Public Schools, VA Spotsylvania County Public Schools, VA
Frederick County Public Schools, VA Stafford County Public Schools, VA
Fredericksburg City Schools, VA Staunton City Public Schools, VA
Galax City Public Schools, VA Suffolk Public Schools, VA
Giles County Public Schools, VA Surry County Public Schools, VA
Gloucester County Public Schools, VA Sussex County Public Schools, VA
Goochland County Public Schools, VA Tazewell County Public Schools, VA
Grayson County Public Schools, VA Virginia Beach City Public Schools, VA
Greene County Public Schools, VA Warren County Public Schools, VA
Greensville County Public Schools, VA Winchester Public Schools, VA
Halifax County Public Schools, VA Wise County Public Schools, VA
Hampton City Schools, VA Wythe County Public Schools, VA
Hanover County Public Schools, VA York County School Division, VA
Harrisonburg City Public Schools, VA
Henrico County Public Schools, VA
Henry County Public Schools, VA
Highland County Public Schools, VA
Hopewell City Public Schools, VA
Isle of Wight County Public Schools, VA
King and Queen County Public Schools, VA
King George County Public Schools, VA
King William County Public Schools, VA
Lancaster County Public Schools, VA
Lee County Public Schools, VA
Lexington City Schools, VA
Loudoun County Public Schools, VA
Louisa County Public Schools, VA
Washington County Public Schools, VA
Waynesboro Public Schools, VA
Westmoreland County Public Schools, VA
West Point Public Schools, VA
Williamsburg-James City County Public Schools, VA
Attachment E – No Bid Form
Contractors who do no wish to bid do not need to return the entire bid package. Simply
return this form to Racine County through Duane McKinney, Purchasing Manager at:
Duane.McKinney@racinecounty.com
STATEMENT OF NO BID
SEALED BID NUMBER X
HVAC Products, Installation, Labor Based Solutions, and Related Products and Services
I do not wish to submit a bid on this solicitation.
_______________________________ _______________________________
Contractor Representative
Please indicate the reason(s) for your decision not to bid:
August 4, 2022
Mr. Greg Spencer
Trane U.S. Inc. 800 Beaty Street Davidson, NC 28036-6924 Dear Mr. Spencer:
On behalf of Racine County, I would like to formally congratulate Trane U.S. Inc. on being
selected to provide HVAC Products, Installation, Labor Based Solutions and Related Product and Services for Racine County and other municipal governments and local public agencies.
Racine County is in the process of preparing a contract to be signed by the required
representatives of Racine County and Trane U.S. Inc. Shortly, a draft contract will be forwarded for your review. Upon completion, the final contract will be forwarded for your signature.
Again, congratulations on the award.
If you have any questions, please feel free to contact me at (262) 636-3700. Sincerely, Duane McKinney
Purchasing Manager
Duane McKinney
Purchasing Coordinator 730 Wisconsin Avenue Racine, WI 53403 262-636-3700 fax: 262-636-3763 duane.mckinney@racinecounty.com
CONFIDENTIAL - Racine Contract # 3341
REGION
Hourly Labor Rates - Effective Date 01/01/2023
Zone 40 Zone 41 Zone 42 Zone 57
Office Designation H4 H6 H2 H7 H3 H5
South Florida North Florida Central Florida Florida
Labor Classification
South (West Palm Beach,
Miami)
North
(Jacksonville Gainsville,
Tallahassee)
Central (Orlando)Tampa
Asbestos Worker NA NA NA $0.00
Boilermaker $241.26 $241.26 $241.26 $241.26
Bricklayers; Masons $120.62 $120.62 $120.62 $120.62
Carpenter /Case worker $135.71 $135.71 $135.71 $135.71
Carpet Layers/Floor Installers $135.71 $135.71 $135.71 $135.71
Concrete Finishers $135.71 $135.71 $135.71 $135.71
Data Comm/Telecom Installer $188.48 $188.48 $188.48 $188.48
Delivery personnel $82.94 $82.94 $82.94 $82.94
Drywall Installers; Ceiling Installers $113.09 $113.09 $113.09 $113.09
Electricians $263.88 $263.88 $263.88 $263.88
Elevator Mechanics $278.95 $278.95 $278.95 $278.95
Glaziers $143.24 $143.24 $143.24 $143.24
Heavy Equipment Operators $188.48 $188.48 $188.48 $188.48
HVAC Commercial A/C technician $173.33 $173.33 $173.33 $173.33
HVAC Light Commercial $143.24 $143.24 $143.24 $143.24
HVAC Helper $135.71 $135.71 $135.71 $135.71
HVAC Field Supervisor $188.48 $188.48 $188.48 $188.48
HVAC Refrigeration technician $165.86 $165.86 $165.86 $165.86
HVAC Duct installer $165.86 $165.86 $165.86 $165.86
HVAC Filter technician $128.17 $128.17 $128.17 $128.17
HVAC Building Automation technician $194.12 $194.12 $194.12 $194.12
Insulators $173.41 $173.41 $173.41 $173.41
Ironworkers $143.24 $143.24 $143.24 $143.24Laborers $82.94 $82.94 $82.94 $82.94
Lathers $143.24 $143.24 $143.24 $143.24Light Equipment Operators $113.09 $113.09 $113.09 $113.09
Metal Building Assembler $135.71 $135.71 $135.71 $135.71
Millwrights $135.71 $135.71 $135.71 $135.71
Operating Engineer $135.71 $135.71 $135.71 $135.71
Painters/Wall Covering Installers $150.79 $150.79 $150.79 $150.79
Pipefitters $196.02 $196.02 $196.02 $196.02
Plasterers $120.62 $120.62 $120.62 $120.62
Plumbers $196.02 $196.02 $196.02 $196.02
Project Manager $196.02 $196.02 $196.02 $196.02
Project Adminstrator $143.24 $143.24 $143.24 $143.24
Roofers $143.24 $143.24 $143.24 $143.24
Sheet Metal Workers $165.86 $165.86 $165.86 $165.86
Sprinkler Fitters $188.48 $188.48 $188.48 $188.48
Terrazzo Workers $143.24 $143.24 $143.24 $143.24
Tile Setters $143.24 $143.24 $143.24 $143.24
Waterproofers/Caulkers $113.09 $113.09 $113.09 $113.09
Geothermal Well Field Labor $173.41 $173.41 $173.41 $173.41
Engineering Design $263.88 $263.88 $263.88 $263.88
Energy Engineer $214.92 $214.92 $214.92 $214.92
Project Engineering $188.48 $188.48 $188.48 $188.48
Drafting $113.09 $113.09 $113.09 $113.09
Architectural $339.26 $339.26 $339.26 $339.26
Test & Balance Technician $226.18 $226.18 $226.18 $226.18Infrared Tecnician $226.18 $226.18 $226.18 $226.18
Water Treatment Technician $165.86 $165.86 $165.86 $165.86Miscellaneous Material Margin 28.50%28.50%28.50%28.50%
NOTES:1. ALL LABOR RATES ARE BASED ON STANDARD HOURS
2. OVERTIME RATES (AFTERHOURS, SATURDAY): 1.50 X STANDARD RATES3. OVERTIME RATES (SUNDAY, HOLIDAYS): 2.00 X STANDARD RATES4. PER DIEM RATES: $100/DAY/PERSON (WHEN REQUIRED) EXCEPT AK & HI $200/DAY/PERSON
5. MINIMUM CHARGE OF 2 HOURS FOR ALL OVERTIME WORK
6. RATES WILL BE ADJUSTED ANNUALLY AT RENEWAL DATE BASED ON THE FOLLOWING FORMULA: Percent field labor adjustment factor change from the previous year (60%)
Percent material price index change from the previous year (30%)
Percent office and operating expense changes from the previous year (10%)7. Published labor rates are the maximum allowable under the contract. Lower labor rates may be extended to the customer based on specific needs
Billing Wage Rates
FLORIDA
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#23-0433
Agenda Date: 5/1/2023 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Solid Waste/General Services
Agenda Number: 8.2
SUBJECT/RECOMMENDATION:
Title
Authorize purchase orders to multiple vendors as listed, for the purchase of Heating, Ventilation
and Air Conditioning (HVAC) replacement and repair parts, in the cumulative not-to-exceed
amount of $700,000.00 through September 30, 2024 pursuant to City Code of Ordinances
Sections 2.563(1)(c) Piggyback or cooperative purchasing, 2.561(5) Small purchases, and
2.563 (1)(b) Micro purchases, and authorize the appropriate officials to execute same.
(consent)
Body
SUMMARY:
Building & Maintenance Division’s HVAC purchases for equipment replacement and repair
parts have been procured through piggyback contracts, obtaining quotes for small purchases
and micro purchases from authorized local distributors in the Tampa Bay area. While Trane
US Inc. is the majority of the expenditures for HVAC replacement and repair parts, local
distributors will be used depending on the type of part needed. Quotes will be obtained for small
purchases (exceeding $10,000.00) that are not available on contract and will be monitored by
the department and Procurement. This request consolidates the authorization to utilize a
properly sourced piggyback contract and to obtain quotes for small purchases and micro
purchases from authorized local distributors as listed:
*Trane US Inc: Piggyback off Omnia Partners, Racine County, Wisconsin (Bid No.
RC2022-1001, Contract # 3341 through 08/31/2027)
* Florida Cooling & Supply - Micro/small purchases from local authorized distributor located in
Clearwater, FL (Heil, Copeland, Honeywell, Larkin, Tempstar, Grandaire, Arcoaire, Manitowoc,
Mitsubishi, Fijitsu, Bohn, Airtemp, Nordyne, and associated parts, controls, motors, and tools)
* Johnstone Supply - Micro/small purchases from local authorized distributor located in Tampa,
FL (Westinghouse, Daiken, Coleman, CDI, and Goodman and associated parts, controls,
motors, and tools)
* RE Michel Company - Micro/small purchases from local authorized distributor located in
Largo, FL (Heil, Arocaire, Tempstar, Tecumseh, Copeland, and associated parts, controls,
motors, and tools)
Flexibility is requested to allow for expenditure of budgeted funds as needed throughout the
year, in accordance with the intent of this general authorization. Additional vendors may be
engaged as needed following the approved procurement guidelines.
APPROPRIATION CODE AND AMOUNT:
5656531-546200
Page 1 City of Clearwater Printed on 4/24/2023
File Number: ID#23-0433
Page 2 City of Clearwater Printed on 4/24/2023
Racine County, Wisconsin
Contract # 3341
for
HVAC Products, Installation, Labor Based Solutions and
Related Product and Services
with
Trane US Inc.
Effective: September 1, 2022
The following documents comprise the executed contract between the Racine County, Wisconsin and Trane U.S. Inc., effective September 1, 2022:
I. Vendor Contract and Signature Form II. Supplier’s Response to the IFB, incorporated by reference
Purchasing Department
730 Wisconsin Avenue Racine, WI 53403 262-636-3700 fax: 262-636-3763
HVAC PRODUCTS, INSTALLATION, LABOR BASED SOLUTIONS AND RELATED PRODUCT AND SERVICES CONTRACT 2022
This Contract made and entered into this 16th day of August 2022, by and between
Racine County, Wisconsin, 730 Wisconsin Avenue, Racine, Wisconsin 53403 (hereinafter
referred to as “COUNTY”) and Trane U.S. Inc., 800 Beaty Street, Davidson, North Carolina
28036-6924 (hereinafter referred to as “CONTRACTOR”).
W I T N E S S E T H:
For good and valuable consideration, the parties agree as follows:
1. WORK: CONTRACTOR shall provide HVAC PRODUCTS, INSTALLATION, LABOR
BASED SOLUTIONS AND RELATED PRODUCT AND SERVICES:
The undersigned parties understand and agree to comply with and be bound by the
entire contents of Sealed Bid # RC2022-1001: HVAC PRODUCTS, INSTALLATION,
LABOR BASED SOLUTIONS AND RELATED PRODUCT AND SERVICES (aka, the
Contractor's Bid Proposal submitted July 21, 2022) which is incorporated herein by
reference. CONTRACTOR understands and agrees that the bonds and insurance
required by the Project Manual are to be kept current at all times through the length of
each term and for 90 Days following completion of each term. Bonds and insurance
must be renewed and presented to the COUNTY at the time of each renewal term if
COUNTY chooses to renew. Bonds and insurance shall be written by a firm acceptable
to the COUNTY as specified in the Project Manual.
2. TERM: September 1, 2022, to August 31, 2027, with full renewal of one (1) additional
five (5) year term per the Project Manual. COUNTY shall exercise renewal options by
issuance and delivery to CONTRACTOR of a written notice to renew this Agreement.
3. PROJECT: HVAC PRODUCTS, INSTALLATION, LABOR BASED SOLUTIONS AND
RELATED PRODUCT AND SERVICES in accordance with the Project Manual.
4. PRICE: Price as stated for all schedules included in the Project Manual.
DocuSign Envelope ID: 5AB039C2-2DAF-4A1E-9286-D4840C496111
5.CANCELLATION: This contract may be cancelled without penalty or obligation of any
kind, by COUNTY by, for or on behalf of itself or its agencies, departments, officers,
agents or employees immediately upon written notice to all parties that sufficient funds
have not been budgeted by the County Board of Supervisors to pay the obligations
under this agreement.
Either party may terminate the contract on the anniversary date in any
subsequent year of the contract by providing the other party with written notice ninety
(90) days prior to the anniversary date.
If the CONTRACTOR fails to maintain and keep in force required insurance,
COUNTY shall have the right to cancel and terminate the contract without notice.
Notwithstanding any of the terms and conditions contained herein, the COUNTY
and CONTRACTOR reserve the right to terminate the contract at any time for any
reason by providing written notice of termination to the other party no less than ninety
(90) days in advance of termination. In the event of said termination, CONTRACTOR
shall not reduce its activities hereunder unless agreed in advance by COUNTY. The
CONTRACTOR will pay according to the contract for services tendered through the
date of termination.
RACINE COUNTY
BY: _____________________________ BY: ______________________________
BY: _____________________________ BY: ______________________________
Trane U.S. Inc.
BY: ______________________________
DocuSign Envelope ID: 5AB039C2-2DAF-4A1E-9286-D4840C496111
8/16/2022
8/16/2022
8/17/20228/17/2022
8/17/2022
Trane Strategic Cooperative Programs
800-B Beaty Street, Davidson, North Carolina, 28036, Tel 469-442-6055
November 8, 2022
To: All Participating Agencies
Subject: Clarification Regarding Racine Contract #3341
Trane/OMNIA Public Partners
Contract pricing for HVAC Products, Installation, Labor Based Solutions, and Related Products
and Services was established with the solicitation referenced above. As a clarification to the
pricing structure, the following is offered.
Typically, Trane pricing is made up of three categories: equipment, labor and materials. Each of
these areas are briefly explained as follows:
1. Equipment – Each piece of equipment identified by a product code. Each product code has an
established list price discount associated with it. A complete list of equipment discounts can be
found on the OMNIA Partners website once the agency logs in with username and password.
There are approx. 650 specific pieces of equipment on the contract, with associated discounts.
2. Labor – All labor-based solutions (installation and services) are classified by the labor “type”
with a fixed hourly rate. Installation, maintenance and retrofit labor hours are indexed to RS
Means estimating guide. Each project is priced per the specific geographic zone in which the job
is located. Labor rates avail upon request.
3. Parts & Material in quoted work – All parts and miscellaneous materials included in quoted
projects are subject to the maximum contract margin guidelines of 28.5%. This would include
materials such as piping, wiring, sheet metal and parts necessary to complete a given scope of
work. Trane over the counter parts for service are discounted at a rate of 22% off of list price.
Greg Spencer
Strategic Cooperative Program Leader
Purchasing
730 Wisconsin Avenue Racine WI 53403 262-636-3700 Duane.McKinney@racinecounty.com
June 15, 2022
Dear Prospective Bidder:
You are invited to submit a bid to provide HVAC Products, Installation, Labor Based Solutions, and Related Products and Services for Racine County and other municipal governments and local public agencies. A copy of this solicitation is available for download at: https://www.racinecounty.com/departments/finance/purchasing-rfps-and-bids. Submitted bids are due on or before 1:00 p.m. CST on Thursday July 21, 2022, you must submit electronically online using the DemandStar application at www.DemandStar.com. Late bids will not be accepted.
Bids must be submitted electronically online using the DemandStar application at www.DemandStar.com. The terms ‘Firms’, ‘Suppliers’, ‘Contractors’, ‘Offeror’, ‘Vendor’, ‘Respondent’, and/or ‘Bidder’ may be used interchangeably.
General questions regarding this solicitation should be directed to Duane McKinney at (262) 636-3700 or via email at Duane.McKinney@racinecounty.com.
Technical questions should be submitted via email to Duane McKinney, Purchasing Manager, at Duane.McKinney@racinecounty.com.
No other Racine County employee or representative is authorized to provide information or interpret any portion of this solicitation. No contact from a vendor to any Racine County
employee or elected official should be made during this process unless authorized by Racine County Finance Department.-Purchasing Division.
If your firm chooses not to submit a response for this procurement, please complete Attachment
E – No Bid Form.
RACINE COUNTY RESERVES THE RIGHT TO ACCEPT OR REJECT ANY OR ALL BIDS; TO WAIVE ANY TECHNICALITY OR ERROR IN ANY BID OR PART THEREIN, AND TO ACCEPT THE SAME OR COMBINATIONS, IN WHOLE OR IN PART, WHICHEVER IS DEEMED TO BE IN THE BEST INTEREST OF RACINE COUNTY IN ITS SOLE AND EXCLUSIVE DISCRETION.
Sincerely,
Duane McKinney Racine County Purchasing Manager
Encl: Bid Package
INVITATION FOR BID - IFB # RC2002-1001 Page 1 of 119 HVAC PRODUCTS, INSTALLATION, LABOR BASED SOLUTIONS, AND RELATED PRODUCTS AND SERVICES-
INVITATION FOR BID IFB # RC2022-1001
HVAC PRODUCTS, INSTALLATION, LABOR BASED SOLUTIONS, AND RELATED PRODUCTS AND SERVICES
I.PROJECT OVERVIEW
Racine County is accepting bids for HVAC Products, Installation, Labor Based Solutions,and Related Products and Services. The Master Agreement will allow government agenciesto purchase the products and services defined herein, in indefinite quantities on an as-needed basis. Participating Public Agencies may have different requirements and they maychoose to sign supplemental agreements with the Awarded Bidder(s) to conform to theirpurchasing and contracting requirements.
A. STEP-ONE
For the first step of the bidding process, Bidders will submit their sealed bid with all
requested information, to include Certification of Vendor, and Attachment C – Bid Formby the due date and time outlined in this IFB. After the due date and time, all Bids will bereviewed to determine if they are responsive, responsible, and meet the minimum
requirements. Each Bidder determined to be responsive, responsible, and qualified shallbe deemed to be a “Responsible Bidder”.
B. STEP-TWO
For the second step of the bidding process, Racine County will distribute to eachResponsible Bidder the Sample Project Forms, which have already been prepared andare actual (hypothetical) projects. When completing the Sample Project Form,Responsible Bidders are required to USE THE SAME LINE ITEM PRICING fromAttachment C – Bid Form and apply them to the Sample Projects Forms to be suppliedupon identification of a Responsible Bidder(s) in the first step; a reduction in price for thesample projects outlined in a Responsible Bidder’s Sample Project Form will not beallowable. The final basis for award to the lowest responsible Bidder(s) will result fromthe lowest total dollar amount of the combined sample projects.
II.INSTRUCTION TO BIDDERS
A.SCHEDULE
Issuance of Bid: Wednesday June 15, 2022 Virtual Only Non-MandatoryPre-Bid Meeting: Wednesday June 29 at 10am (CST), 2022 Deadline for Bidder Questions: Wednesday June 29, 2022 by 5pm (CST) Addendum/Questions Answeredfor Solicitation:
Bid Due Date:
Wednesday July 6, 2022 Thursday July 21, 2022 by 1pm (CST)
INVITATION FOR BID - IFB # RC2002-1001 Page 2 of 119 HVAC PRODUCTS, INSTALLATION, LABOR BASED SOLUTIONS, AND RELATED PRODUCTS AND SERVICES-
B. BIDDER’S QUESTIONS
Bidders are reminded to carefully examine the bid packet and specifications upon receipt. If the Bidder does not fully understand the Invitation for Bid (IFB) or is in doubt as to the County’s ideas or intentions concerning any portion of the IFB, any/all
questions shall be submitted in writing to Duane McKinney, Purchasing Manager by 5:00 p.m. on Wednesday June 29, 2022, either by fax or e-mail for interpretation or correctionof any printed material:
Fax: 262-636-3763 E-mail: Duane.McKinney@racinecounty.com
No verbal explanation or instructions will be given in regard to the meaning of the specifications during the response period. If necessary, in Racine County’s sole discretion, answers to questions will be provided to all specification holders in the form of an addendum. Any addendum will include a list of each question received and Racine County’s response as of the date of the addendum.
C.ADDENDA
Any changes made to the Invitation to Bid after posting will be issued via addenda to all
prospective bidders and if necessary, an extension will be made to the Bid Due Date.The original Invitation to Bid and any addenda will be posted to the Racine CountyWebsite https://www.racinecounty.com/departments/finance/purchasing-rfps-and-bids.
Bidders are responsible for checking this website for any future addenda prior to theopening date. All addenda must be signed and returned with your submitted bid asspecified in the addenda. Bidders who do not return the addenda may have their bidsrejected.
If a vendor receives a bid packet from any source or entity other than the Racine CountyPurchasing Department, the Bidder is responsible for contacting the Racine CountyPurchasing Department and requesting the firm’s name be put on the response list forthe project. Failure to do so in no way obligates the County to send out addendum orother information concerning this request to the firm.
D.VIRTUAL ONLY NON-MANDATORY PRE-BID MEETING
A non-mandatory (virtual only) pre-bid meeting will be held on Wednesday June 29,
2022 at 10am local time held by phone. Due to COVID, Bidders should register for themeeting by Tuesday June 28, 2022 with Duane via above email or (262) 636-3700, toobtain the dial in information.
While non-mandatory, it is strongly encouraged for Bidders to attend the pre-bidmeeting. Oral statements or discussions during the pre-bid meeting will not be binding.Any questions should be submitted in writing per item B. of this Section. Changes, if any,will only be made in writing via Addenda as described in item C. Addenda.
The purpose of this meeting will be to clarify the contents of this IFB in order to preventany misunderstandings of the IFB. Any doubt as to the requirements of this IFB or anyapparent omission or discrepancy should be presented to Racine County at this
INVITATION FOR BID - IFB # RC2002-1001 Page 3 of 119 HVAC PRODUCTS, INSTALLATION, LABOR BASED SOLUTIONS, AND RELATED PRODUCTS AND SERVICES-
conference. Racine County will then determine the appropriate action necessary, if any, and may issue a written addendum to the IFB. Oral statements or instructions will not
constitute an addendum to this IFB. No other Racine County employee or representative is authorized to provide information or interpret any portion of this solicitation. Contact to any Racine County employee or elected official regarding this IFB during this process is
prohibited unless authorized by the Racine County Purchasing Manager.
E.METHOD OF BID
Bidders must submit their bids using the Bid Form documents attached to this IFB and
incorporated herein as Attachment C and shall submit all other information and materials
required by this IFB. Bids written in pencil or in a format other than the attached forms will
be rejected. Erasures or corrections of mistakes on forms submitted shall be initialed or
signed by Bidder. Failure to meet any requirements listed in this solicitation document
may be cause for disqualification of the bid.
Any information considered to be proprietary by a Bidder must be plainly marked as such
and may not include pricing. Racine County makes no warranty or representation as to
the application of the Wisconsin Public Records Law (Wis. Stat. § 19.31, et seq.)(the
“WPRL”) to any documents and information submitted in response to this IFB. Each copy
of the response shall include the Certification of Vendor page and acknowledgement of
addendum(s) if any. A legally authorized representative of the Bidder will sign the
Certification of Vendor page.
F.INCURRING COSTS
Racine County shall not be liable for any costs incurred in replying to this IFB.
G.ADDITIONAL DATA WITH BID
Bidders may include any additional information deemed advantageous to Racine County.
Consideration of additional data and information is to be held optional to Racine County
however if an award is made, it will be awarded as outlined in Section D Award under
Part V. Award Information.
H.DUE DATE
You must submit electronically online using the DemandStar application at
www.DemandStar.com of your bid is to be received by 1:00 p.m. (CST) Thursday July
21, 2022, in the offices of the Racine County Purchasing Division. Bids received after
1:00 p.m. central time as dictated by www.time.gov shall be considered late and will not
be accepted. Late bids will not be accepted. Faxes will not be accepted.
Any Bid received by the County after this date and time will not be accepted. Bidders are
responsible for ensuring that the above office receives its Bid before the deadline. All
Bids will be reviewed and evaluated as described in Part V. Award Information
INVITATION FOR BID - IFB # RC2002-1001 Page 4 of 119 HVAC PRODUCTS, INSTALLATION, LABOR BASED SOLUTIONS, AND RELATED PRODUCTS AND SERVICES-
I. WITHDRAWAL OF BIDS
Bids may be withdrawn on written or electronic request received from Bidder prior to time and date fixed for bid opening if the bid contains a mistake, omission, or error. Subject to Wis. Stat. § 66.0901(5), negligence on the part of the Bidder in preparing their
bid confers no right for withdrawal of the bid after it has been opened. Bids that are withdrawn prior to the time and date set for bid opening with be returned unopened and the Bidder may not re-submit a bid to this solicitation unless no contract is awarded under this IFB and the IFB is re-advertised.
J.AMENDMENTS TO BIDS
Subject and pursuant to Wis. Stat. § 66.0901(5), each Bidder will be allowed a period offorty-eight (48) hours after the time and date set for receipt of responses to notify theCounty in writing of a material mistake in the bid. However, no changes to the line itemprices in Bid Form, included as part of this bid, are permitted after sealed bids areaccepted by the due date and time outlined in this IFB. Failure of Bidder to notify theCounty in the manner and within the time limit specified above will constitute a waiver bythe Bidder of all rights and remedies relative to a material mistake.
Formal bid amendments thereto or requests for withdrawal of bid received by RacineCounty after time specified for opening will not be considered.
K. BIDS BINDING 90 DAYS
Unless otherwise specified, all formal responses submitted shall be binding for ninety(90)calendar days following the bid opening date.
II.TERMS AND CONDITIONS
A.GENERAL TERMS AND CONDITIONS
The successful Bidder(s) (the “Contractor”) agrees to all of Racine County’s General Terms and Conditions located at https://racinecounty.com/home/showdocument?id=11726 and incorporated by reference
herein.
B.INSURANCE
1. Requirement
Contractor shall procure and maintain in full force and effect for the duration of thisAgreement, insurance protecting against claims for injuries to persons or damages toproperty which may arise from or in connection with performance of the work hereunderby the Contractor, his agents, representatives, employees, or subcontractors.
2.Minimum Limits of Insurance
Each vendor shall obtain insurance at the following minimum limits:
•General Liability
INVITATION FOR BID - IFB # RC2002-1001 Page 5 of 119 HVAC PRODUCTS, INSTALLATION, LABOR BASED SOLUTIONS, AND RELATED PRODUCTS AND SERVICES-
o $1,000,000 each occurrence
o $1,000,000 personal and advertising injury
o $2,000,000 general aggregate
o $2,000,000 products and completed operations aggregate
•Umbrella Liability Insurance on a following form basis
o $4,000,000 each occurrence
o $4,000,000 aggregate
o Any combination of underlying coverage and umbrella equaling $5,000,000
shall be acceptable.
•Workers Compensation Statutory Limits plus:
o $100,000 E.L. Each Accident
o $100,000 E.L. Disease Each Employee
o $500,000 E.L. Disease Policy Limit
The following applies to all policies:
•The county is named as an additional insured on the general liability, automobile,
and umbrella policies.
•All insurance must be placed with an insurance company with a minimum AM
Best Rating of A- VII
•The insurers shall agree under each required policy of insurance to waive all
rights of subrogation against the insured parties for losses arising from work
performed by the Contractor for Racine County.
The making of progress payments to the Contractor shall not be construed as relieving the Contractor or its subcontractors or insurance carriers providing the coverage described herein for responsibility for loss or direct physical loss, damage or destruction occurring prior to final acceptance of the Work.
3.Deductibles and Self-Insured Retention
Any deductibles or self-insurance retentions must be declared to and approved by Racine County so that the County may ensure the financial solvency of the Contractor. At the option of the County, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the County, its officers, officials, and employees; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. Contractor shall pay all deductibles and be liable for all claims, losses and damages for which it self-insures.
4.Other Insurance Provisions
The policies are to contain, or be endorsed to contain, the following provisions:
1.General Liability, Automobile Liability, and Umbrella/Excess Insurance
a.Additional Insured Requirement. Racine County, its elected and appointed
officials, officers, boards, commissions, officers, employees, representatives,servants, volunteers and agents (hereinafter referred to as “Insured Party” or“Insured Parties”) are to be covered as additional insureds as respects: liabilityarising out of activities performed by or on behalf of the Contractor; products andcompleted operations of the Contractor, premises owned, leased, or used by the
INVITATION FOR BID - IFB # RC2002-1001 Page 6 of 119 HVAC PRODUCTS, INSTALLATION, LABOR BASED SOLUTIONS, AND RELATED PRODUCTS AND SERVICES-
Contractor; and automobiles owned, leased, hired, or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of
protection afforded to the Insured Parties. Nothing contained in this section shall be construed to require the Contractor to provide liability insurance coverage to the any Insured Party for claims asserted against such Insured Party for its sole
negligence.
b.Primary Insurance Requirement. The Contractor's insurance coverage shall beprimary and noncontributing insurance as respects to any other insurance or self-insurance available to the Insured Parties. Any insurance or self-insurancemaintained by the Insured Parties shall be in excess of the Contractor'sinsurance and shall not contribute with it.
c.Reporting Requirement. Any failure to comply with reporting provisions of thepolicies shall not affect coverage provided to the Insured Parties.
d.Separate Coverage. Coverage shall state that the Contractor's insurance shallapply separately to each Insured Party against whom claim is made or suit isbrought.
e.Defense Costs/Cross Liability. Coverage shall be provided on a “pay on behalf”basis, with defense costs payable in addition to policy limits. There shall be no
cross liability exclusion.
5.Workers’ Compensation and Employers Liability Coverage
The Contractor shall have and maintain in full force and effect for the duration ofthis Agreement, insurance protecting against claims for injuries to persons ordamages to property which may arise from or in connection with the performanceof the Work by the Contractor, its agents, representatives, employees orsubcontractors. The insurer shall agree to waive all rights of subrogation againstRacine County, and its officers, officials, employees and volunteers for lossesarising from the work performed by the Contractor for Racine County.
6.Waiver of Subrogation
The insurers shall agree under each policy of insurance required by this Contractto waive all rights of subrogation against the Insured Parties for losses arisingfrom work performed by the Contractor for Racine County.
7.All Coverages
1.Notice Requirement.
Each insurance policy required by this Contract shall be endorsed to state thatcoverage shall not be suspended, voided, canceled, reduced in coverage or inlimits except after thirty (30) days' prior written notice by certified mail, returnreceipt requested, has been given to Racine County Courthouse, Purchasing
Department, 730 Wisconsin Avenue, Racine WI 53403. The County reserves theright to accept alternate notice terms and provisions provided they meet theminimum requirements under Wisconsin law.
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2. Acceptability.
The insurance to be maintained by Contractor must be issued by a companylicensed or approved to transact business in the State of Wisconsin. Such
insurance shall be placed with insurers with a Best's Policyholder’s Rating of “A”or better and with a financial rating of Class VII or greater, or be otherwiseacceptable to Racine County. All policies shall be subject to approval by theRacine County Corporation Counsel as to form and content.
3. Failure of Insurers.
The Contractor shall be responsible for any delay resulting from the failure of anyinsurer to furnish proof of coverage in the prescribed form.
8.Verification of Coverage
Prior to execution of the contract, Contractor shall furnish Racine County withcertificates of insurance and endorsements to the policies evidencing all
coverages required by this Contract. Additionally, the declarations page for eachinsurance policy listed on the certificate of insurance shall be submitted to theCounty. The certificates and endorsements for each insurance policy are to be
signed by a person authorized by that insurer to bind coverage on its behalf. Thecertificates shall reference the contract and provide for thirty (30) days advancenotice of cancellation or non-renewal during the term of the contract. Racine
County reserves the right to require complete, certified copies of all requiredinsurance policies at any time. The contractor shall provide proof that anyexpiring coverage has been renewed or replaced prior to the expiration of thecoverage.
9.Subcontractors
Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated in this Agreement, including, but not limited to, naming the Insured Parties as
additional insureds. The Contractor shall not allow any subcontractor to commence work until the aforementioned requirements are met.
C.USE OF PREMISES
The Successful Bidder(s), also referred to as Contractor, shall confine their equipment,
the storage of materials and the operations of their work persons to the limits of the workarea or in accordance with the directions of the County, laws, ordinances and permits,and shall not unreasonably encumber the premises with their materials. All constructionmaterials, shelter, vehicle parking and storage shall be confined to site. Locations ofsuch storage shall be approved in advance by the County.
The Contractor is responsible for any damage done to the building structure, existinghallways, doors etc., that is not part of the scope of work and was damaged during theconstruction period by the Contractor.
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The County shall have the right to use or occupy the premises and use the whole or any
part of the work area as is possible without interference with the work prior to its final acceptance. Such use is not to be taken as an acceptance by the County of the whole or any part of the work performed under this contract.
The Contractor is responsible for obtaining any necessary licenses and permits, and for complying with any applicable Federal, State, and municipal laws, codes, and regulations in connection with the prosecution of the work without additional expense. The Contractor is similarly responsible for all damages to persons or property that occurs because of their fault or negligence. The Contractor shall take proper safety and health precautions to protect the work, the workers, the public, and the property of others. The Contractor is also responsible for all materials delivered and work performed until completion and acceptance of the entire construction work, except for any completed unit of construction previously accepted.
D.LIEN WAIVERS
If Contractor requires multiple payments, all requests will be only for work completed at
date of application. Lien Waivers will be provided.
All necessary lien waivers are required with each request for payment. Lien waivers for
first pay request total may be submitted at time of second pay request only if approvedby Owner. Accurate sequencing henceforth will be followed. Final lien waivers will beprocessed and ready for distribution to Owner prior to final payment being processed.
All Lien waivers will contain the following language, clearly typed:
“Except for retainage, if applicable, there are no outstanding Claims made against the Owner and/or its lenders and guarantors, or the Project, in connection with the work performed in the construction of the Project through the Period Date, except as set forth in Exhibit A attached hereto, if any, and no such claims set forth on Exhibit A have been included in the Application for Payment dated as of the Application Date.”
E. BONDS
1.PERFORMANCE & PAYMENT BONDSWhen required by the Participating Public Agency, the Contractor shall furnish a
Performance Bond and Labor and Materials Payment Bond covering the faithfulperformance of the contract and the payment of all obligations arising there underand complying with the requirements of Wisconsin’s law or the applicable state of the
Participating Public Agency. Both bonds shall be in the amount of one hundredpercent (100%) of the contract amount and shall name the Participating PublicAgency as an oblige. Companies issuing bonds must be licensed to write bonds inthe state of the Participating Public Agency. The Contractor shall pay premiums forrequired bonds. Obtaining of bonds by the Contractor shall be a condition precedentto effectuation of the Master Agreement between the Participating Public Agency and
Contractor. If additional work is authorized, the amount of the bonds shall beincreased to cover the value of the increased contract sum.
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F. PERMITS, CODES AND ORDINANCES
Contractor shall, at his own expense, obtain all necessary permits and licenses and comply with municipal and State laws, ordinances, and regulations.
Should any change in the plan and scope of work be required to conform to law and /or ordinances, Contractor shall notify the County before submitting his quote. After entering a contract, the Contractor shall be held to complete all work necessary to meet the above local requirements without extra expense to the County.
G.STANDARDS AND JOB SITE SAFETY
Contractor shall perform all work in accordance with the best present-day practices andconform and test in accordance with the applicable sections of the latest revisions of thecodes and standards listed in the scope of work. In the event of a conflict between thereferenced codes, standards, scope of work and plans, the one establishing the moststringent requirement will be followed.
Contractor shall be totally responsible for initiating, instituting, enforcing, maintaining,
and supervising all safety precautions and job site safety programs in connection withthe work. The Contractor shall take all reasonable precautions for the safety of all itsemployees and all other persons who may be on the job site. In that regard, Contractor
shall comply with all applicable Federal, State, and local laws, ordinances, rules andregulations and order of any public authority having jurisdiction for the safety of personsor property or to protect them from damage, injury, or loss. Contractor shall erect and
maintain as required by existing conditions and the progress of the work, all reasonablesafeguards for safety and protection, including posting of danger signs and otherwarnings against hazard, promulgating safety regulations and notifying owners andusers of adjacent utilities. County does require that Contractor comply, at a minimum,with the safety regulations of County as set out in the scope of work for this contract, toprotect County’s employees who may be on the job site.
Enactment of safety precautions and regulations; placement and provision of safetymaterial, barricades, etc.; and use or provision of all required safety equipment shall bethe sole responsibility of the Contractor whose employees or subcontractors areexposed to the applicable hazard or whose work endangers surrounding persons,
property, equipment, contractors, etc.
H.INSPECTION/CLOSE OUT PROCEDURES
All materials used and all work completed by the Contractor shall be always subject tothe examination, observation, and approval of the County.
At their discretion, the County shall have the authority to suspend work that does notcomply with plans and scope of work and reject non-complying work and materialsprovided, however, that the failure of such inspector to reject non-complying work andmaterial shall not constitute a waiver by the County of any rights of the County.
For final acceptance, the County shall inspect the work included in the contract as soonas practical after notification by the Contractor that such work has, in their opinion, beencompleted and final cleanup has been performed. Should the inspection disclose any
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work, in whole or in part, as being unsatisfactory, the County will give the Contractor the necessary instructions for correction of the same, and the Contractor shall immediately
comply with and execute such instructions. Upon correction of the work, another inspection will be made which shall constitute the final inspection provided the work has been satisfactorily completed.
I.BIDDER SUPPLIED DOCUMENTATION AND MATERIALS; CONFIDENTIALITY
All Bidder-supplied materials, including the Bidder’s Bid, become the property of RacineCounty.
Bidder acknowledges that Racine County is an “authority” for the purposes of the WPRL.Any information obtained by Racine County is considered public records and will besubject to disclosure under the WPRL, except for information falling within one of theexemptions therefrom. Racine County is required to and shall comply with the WPRL inrelation to any records, documents and information related to its dealings and
relationship with the Bidder. Nothing in the Master Agreement shall be deemed orconstrued as a limitation on Racine County’s discretion relating to compliance with theWPRL or other applicable law.
Notwithstanding the foregoing, if any of the material a Bidder provides is confidential oris a proprietary trade secret, Bidder may mark that material with a “Confidential” stamp.
While Racine County will attempt to keep such information confidential, as an authority,it cannot guaranty that it will remain confidential. Racine County will endeavor to informBidders of a public records request to view or obtain such information. Any Bidder maycontest such a request at its sole expense. Racine County assumes no responsibility forany liability whatsoever in relation to its compliance with the WPRL.
J.AFFIRMATIVE ACTION; NON-DISCRIMINATION
Racine County is committed to fulfilling its role as an Affirmative Action/EqualOpportunity Employer. We request your vigorous support of our Affirmative Actionefforts. Our relationship with your agency is based upon your willingness to accept and
comply with Executive Order 11246, as amended, and other federal laws requiring equalemployment opportunity without regard to race, religion, color, national origin, sex,disability or veteran status. By signing the Certification of Vendor, you indicate your
acceptance and compliance.
In connection with the performance of work awarded under this IFB, the Contractor
agrees not to discriminate against any employee or applicant for employment because ofage, race, religion, color, handicap, sex, physical condition, developmental disability asdefined in Wis. Stat. § 51.01(5)(a), sexual orientation as provided in Wis. Stat. § 111.36,national origin, or military service as provided in Wis. Stat. § 111.355(1). This provisionshall include, but not be limited to the following: employment, upgrading, demotion, ortransfer; recruitment or recruitment advertising; layoff or termination; rates of pay orother forms of compensation; and selection for training, including apprenticeship. TheContractor further agrees to take affirmative action to ensure equal employmentopportunities. The Contractor agrees to post in conspicuous places, available foremployees and applicants for employment, notices to be provided by the contractingofficer setting forth the provisions of the non-discrimination clause (Wis. Stat. § 16.765
(2)).
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K. NATIONAL CONTRACT
Subject to its fiduciary and statutory obligations, Racine County, as the Principal Procurement Agency, defined in Attachment D – National Cooperative Contract to be
Administered by OMNIA Partners, has partnered with OMNIA Partners, Public Sector (“OMNIA Partners”) to make the resultant contract (also known as the “Master Agreement” in materials distributed by OMNIA Partners) from this solicitation available to other public agencies nationally, including state and local governmental entities, public and private primary, secondary and higher education entities, non-profit entities, and agencies for the public benefit (“Public Agencies”), through OMNIA Partners’ cooperative purchasing program. Racine County is acting as the contracting agency for any other Public Agency that elects to utilize the resulting Master Agreement. Use of the Master Agreement by any Public Agency is preceded by their registration with OMNIA Partners (a “Participating Public Agency”) and by using the Master Agreement, any such Participating Pubic Agency agrees that it is registered with OMNIA Partners, whether
pursuant to the terms of a Master Intergovernmental Cooperative Purchasing Agreement, a form of which is attached hereto on Attachment D – National Cooperative Contract, or as otherwise agreed to. Attachment D – National Cooperative Contract
contains additional information about OMNIA Partners and the cooperative purchasing agreement.
OMNIA Partners is the largest and most experienced purchasing organization for public and private sector procurement. Through the economies of scale created by OMNIA Partners public sector subsidiaries and affiliates, National IPA and U.S. Communities, our participants now have access to more competitively solicited and publicly awarded cooperative agreements. The lead agency contracting process continues to be the foundation on which we are founded. OMNIA Partners is proud to offer more value and resources to state and local government, higher education, K-12 education and non-profits.
OMNIA Partners provides shared services and supply chain optimization to government, education, and the private sector. With corporate, pricing and sales commitments from
the Vendor, OMNIA Partners provides marketing and administrative support for the Contractor that directly promotes the Contractor’s products and services to Participating Public Agencies though multiple channels, each designed to promote specific products
and services to Public Agencies on a national basis. Participating Public Agencies benefit from pricing based on aggregate spend and the convenience of a contract that has already been advertised and publicly competed. The Contractor benefits from a
contract that generally allows Participating Public Agencies to directly purchase goods and services without the Contractor’s need to respond to additional competitive solicitations. As such, the Contractor must be able to accommodate a nationwide demand for services and to fulfill obligations as a nationwide Contractor and respond to the OMNIA Partners documents (Attachment D).
While no minimum volume is guaranteed to the awarded Contractor(s), the estimated annual volume of HVAC Products, Installation, Labor Based Solutions, and Related Products and Services purchased under the Master Agreement through OMNIA Partners is approximately $500M. This projection is based on the current annual volumes among the Racine County and other Participating Public Agencies anticipated to utilize the
resulting Master Agreement to be made available to them through OMNIA Partners, and
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volume growth into other Public Agencies through a coordinated marketing approach between the awarded Bidder(s) and OMNIA Partners.
The successful Bidder(s) will be required to sign Attachment D – National Cooperative Contract to be Administered by OMNIA Partners, Exhibit B – Administration Agreement.
Contractors should have any reviews required to sign the document prior to submitting a response.
Notwithstanding the foregoing, Racine County makes no representation or warranty concerning the use of the Master Agreement by any other Participating Public Agency.
III.HVAC PRODUCTS, INSTALLATION, LABOR BASED SOLUTIONS, AND RELATEDPRODUCTS AND SERVICES
The requirements identified in this section represent the products and services currentlybeing used and are the basis for the resulting contract. The following specifications are
minimum acceptable requirements. Bid specifications may not be revised without an officialwritten addendum issued by the Purchasing Coordinator.
A.DESCRIPTION OF WORK
The expected outcome of this IFB is to enter into a contractual relationship with a business
partner(s) who will provide a comprehensive selection of HVAC products and solutions, including complete turn-key services. Vendors are to provide a broad selection of HVAC EQUIPMENT, INSTALLATION, LABOR BASED SOLUTIONS, AND RELATED PRODUCTS AND SERVICES. The intent of this IFB is to provide Participating Public Agencies with products, services and turn-key solutions to meet their various needs. Therefore, the Vendors should have demonstrated experience in providing similar Products and Services as defined in this solicitation, including but not limited to:
1.HVAC Equipment and Products: This includes, but is not limited to, all commercialequipment such as chillers: air-cooled chillers, water-cooled chillers, compressor chillers,ancillary chiller water plant equipment and absorption liquid chillers; unitary systems thatcombine heating, cooling and fan sections: rooftop systems, split systems, self-containedsystems and water source heat pumps; air handling systems: performance air handlers, blowercoil air handlers, make-up air gas heating systems, air handler options and air cleaning options;
terminal devices: unit heaters, unit ventilators, fan coil units, ventilation fans and variable airvolume; ductless variable refrigerant volume units; dedicated outdoor air systems; replacementcoils; automation equipment; parts and aftermarket products and any other HVAC products
offered by Bidder.
2.Installation and Services: This includes, but is not limited to, any installation of newequipment, maintenance of existing systems, upgrading of existing infrastructure, turn-keyservices and any other installation and services offered by Bidder.
3.Related Products, Solutions, and Other Services: This includes, but is not limited to,new, and/or retrofitting older products and solutions, HVAC equipment controls, ancillaryservices, thermostats, sensors, energy programs, design and analysis tools, commissioning,building management and/or certifications, enterprise management, rental and lease services,
financial services, training and/or educational services, municipal services, and any other
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related products and services offered by Bidder.
B.TERM
The term of the Master Agreement will be for five (5) years following the contract award date
with the option to review for one (1) additional five (5) year period. The anticipated full term of the contract is ten (10) years. The awarded Bidder(s) shall have the right to enter local
“service” agreements with Participating Public Agencies accessing the contract through
OMNIA Partners, so long as the effective date of such agreement is prior to the expiration of
the Contract. All local agreements may have a full potential term (any combination of initial and renewal periods) subject to the discretion of the Participating Public Agency. Any job
orders, project agreements, or maintenance agreements executed against the Master
Agreement during the effective term may survive beyond the expiration of the Master
Agreement as established and agreed to by both parties.
Racine County may terminate the Master Agreement without penalty due to the non-
appropriation of funds, or for cause or convenience in accordance with the procedures set forth in the Master Agreement.
Participating Agencies commonly require a modification to a term of the Contract (e.g.,
governing law). The awarded Bidder and Participating Agencies may agree to modify terms
on any specific purchase by a Participating Agency without being in conflict with the
Contract.
C. PRICING
Labor rates should be based on regional and national rates. The Awarded Bidder may submit requests for labor rate increases on an annual basis, sixty (60) days prior to the anniversary contract date. Price increase requests are not automatic and must be approved by Racine County. The request for a change in the rate outside of the anniversary contract date shall include: (1) the cause for the adjustment and (2) the amount of the change requested with documentation to support the requested adjustment (i.e.: appropriate Bureau of Labor Statistics index).
The pricing structure, or percent discount for product pricing should remain fixed for the term of the contract.
The Awarded Bidder agrees to offer all future product and service introductions at similar pricing as that offered through this solicitation and contract.
D.ALTERNATIVE COSTING METHOD
If a project requires products and services that are not covered on the Bid Form or if a
product or service is required that is more appropriate to be custom designed and manufactured to meet an individual project site’s conditions and/or provided for a unique application or project, the Contractor may use the alternative costing method as follows:
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The Contractor will be required to:
Obtain three (3) written cost proposals from local providers: • Use the most advantageous cost proposals; • Apply the discount as submitted on the Response Form; and
• All products and services falling under this category must be submitted in advance and approved by the Participating Public Agency prior to being included in any quote or proposal from the Contractor. E. PRICE LIST FOR ADDITIONAL PRODUCTS The intent is to enter into a Master Agreement for a complete line of HVAC products, installation, labor based solutions, and related products and services. Therefore, in addition to specific line items listed on the pricing schedules, Bidders are encouraged to provide Manufacturer’s Price Lists for additional related products including green products as well as current catalogs and price lists. Bidders shall attach to the Bid Form one (1) copy of one (1) price list or retail price sheet, clearly marking the column to which the discount is applied for each item listed. Manufacturer’s Price Lists shall be the currently published National Standard Manufacturer’s Price Lists. The Bidder’s Retail Price Sheets shall be the current
Price Sheet at the time of bid submission. Bidders shall quote the percentage of discount from the Manufacturer’s Price List or Retail Price Sheet cited above and shall furnish a copy of same with the bid submission. Discounts must be stated as a single percentage.
FAILURE TO PROVIDE THE MANUFACTURER’S PRICE LIST OR RETAIL PRICE SHEET MAY BE CAUSE FOR REJECTION OF THE BID. When award is made, current catalogs and price lists provided by the Bidder shall become a part of the contract. The Bidder’s name and address shall appear on all catalogs and price lists. Where the price list shows more than one (1) column of prices, Bidder shall clearly mark the column which represents its bid. If a fee or charge is to be made, it should be indicated on the Bid Form. F. SPECIAL OFFERS AND PROMOTIONS In addition to decreasing prices for the balance of the Contract term due to a change in market conditions, Contractor may conduct sales promotions involving price reductions for a specified lesser period. Contractor may offer Participating Agencies competitive pricing which is lower than the not-to-exceed price set forth herein at any time during the Contract term and such lower pricing shall not be applied as a global price reduction under the
Contract. IV. BID SUBMITTAL INSTRUCTIONS
To adequately review bids uniformly and objectively, all bids should be submitted according to the format detailed below. The bid should be prepared simply and economically,
providing straightforward and concise information as requested. Use of existing materials, brochures and other standard preprinted materials containing information responsive to the requests in the solicitation, if available, are encouraged as a method to reduce your response time. However, unnecessary elaborate brochures or other presentations beyond that required to present a complete and effective bid are not desired. Racine County reserves the right to reject any bid not properly formatted.
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A. CERTIFICATION OF VENDOR PAGE Place this page on top of the original and each copy of your complete bid. See page 23.
B. TABLE OF CONTENTSInclude clear identification of the material to be used.
C.EXECUTIVE SUMMARYLimit to one or two pages. Briefly state the Bidder’s understanding of the service to beprovided and a positive commitment to perform the services as defined in the IFB.
D.RESPONSIBLE BIDDERFailure of Bidder to provide the required information, may result in a determination that
Bidder is a non-responsive bidder. If Bidder does not adequately demonstrate the
minimum qualifications, as outlined throughout this section, Bidder may be deemed not
qualified and responsible. Bidders must demonstrate that they have the resources and
capability to provide the materials and services described herein. The following minimum
criteria shall be met to be eligible for this contract:
•Bidders shall demonstrate that they are financially stable;
•Bidder shall have been in business providing similar service for at least the last
three (3) years;
•Bidders should have the capability of providing a combination of products,
services, consulting, or other labor-based solutions to accommodate the range of
products and services utilized by Participating Public Agencies; and
•Bidders shall be properly licensed and incorporated to do business in the State of
Wisconsin.
Racine County reserves the right to make such additional investigations as it deems
necessary to verify a Bidder submitting a bid is qualified and responsible to include
investigating Bidder’s past work with Racine County and Racine County employees.
In addition to the pricing and certification information indicated under item D. Award
under V. Award Information, Bidders will submit the following items with their bid:
1.Include a detailed response to Attachment D, Exhibit A, OMNIA Partners
Response for National Cooperative contract, to show proof of organizational
capacity, equipment, and technical competency.
a.Racine County makes no representation or warranty concerning the
use of the Master Agreement by any other Participating Public Agency.b. The lowest responsible Bidder(s) will be required to sign Attachment D,Exhibit B, OMNIA Partners Administration Agreement.
c. If applicable, provide a sample of additional agreements thatParticipating Public Agencies may be asked to sign.2.Provide proof of a positive balance sheet and profitable business operations fortwo (2) of the last three (3) years.3.Provide business license and applicable information that Bidder can do businessin the State of Wisconsin. List the states where other business or contractorlicenses are held.4.Proof of insurance.
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5.Describe Bidder’s bonding capacity and capability of securing high dollarPerformance Bonds.
6.A completed and signed W-9 Request for Taxpayer Identification Number andCertification form.7.Furnish background of Bidder, including such information as size of the firm,
legal status (corporation or partnership, etc.) lines of business, management andtechnical expertise, financial position, and years in business. Include any uniqueapproaches or techniques developed and used by the firm.8.Provide a minimum of three (3) comparable references of current work beingperformed. Information shall include name, phone number, fax number and emailaddress of a person that may be contacted. Ideally, at least two (2) referenceswill be with a government facility of similar size. Also include a brief descriptionof the projects. Bidder’s may use the Reference sheets enclosed in this IFB.9.To further demonstrate similar experience and provide proof of performance:a. Include a detailed description of the Services Bidder can perform,including training, start-up and commissioning services, installation,
maintenance, turn-key services, project approach to IndoorEnvironmental Quality (IEQ), repair services, rentals, leases,equipment upgrades, and any other services provided by the Bidder.
•Identify the manufacturer products/brands the Bidder can serviceand support.
•Stipulate the minimum work crew that will be made available at alltimes, ensuring timely and effective project completion. A projectforeman, fluent in English, must be onsite during all constructionactivities and have authority to act on behalf of the Bidder. Eachsite work crew must have at least one journeyman assigned.
•Describe how Bidder selects sub-contractors for service and/orinstallation and how Bidder ensures customer satisfaction related
to the sub-contractors.
•Describe Bidder’s company’s process for submitting a test andbalance report for each piece of equipment installed, includingitems that will be covered in the test and balance report.
•Describe Bidder’s company’s process for delivering acomprehensive commission plan at least two (2) weeks prior tostart-up, including details of what will be covered in the plan.
•Describe Bidder’s company’s scope of work for preventativemaintenance work.
•Describe and define all scenarios in which additional chargeswould apply outside of routine preventive maintenance.
•Describe Bidder’s methodologies for assisting Participating PublicAgencies with recommendations on repairs and upgrades fromdefining the repair/upgrade through the completion of work.
•Describe Bidder’s firm’s process for notifying a Participating PublicAgency when personnel are going to be in a facility, arrival and
departure time and the work performed. How does Bidder handlerequirements for sign-off of work prior to leaving a facility?b. Describe Bidder’s ability to provide temporary cooling/chiller units.c.Describe in detail the depth of product and services Bidder provides andany related products or services being offered. Include:
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• A description of the Products, including all related components and parts to be provided by the major product category.
• A catalog or brochure type information as applicable.
• A matrix breaking out product information on all products, options, accessories such as product type, capacity range, standard warranty information, extended warranty information, estimated lead time/delivery time, etc.
• All necessary technical information relating to operation of equipment and systems, along with list of spare parts recommended by manufacturers with part numbers needed to maintain and efficiently run the systems and equipment. d. Describe Bidder’s record keeping and processing system for work performed. Include:
• Bidder’s ability to provide online access to records.
• State any options for expediting delivery of product.
• State backorder policy. Does Bidder fill or kill order and require Participating Public Agency to reorder if item is backordered?
• State restocking procedures for returning products, if applicable.
• Describe any special programs offered that will improve customers’ ability to access Products and Services, on-time delivery, or other innovative strategies.
• Describe the capacity of Bidder to broaden the scope of the contract and keep the product and service offerings current and
ensure the latest products, standards and technology for HVAC Products, Installation, Labor Based Solutions, and Related Products and Services.
• Describe your Bidder’s safety policy and/or program, including how the policy is communicated to employees, whether the
employees are evaluated on safety, and if any employees are dedicated to safety.
• Describe Bidder’s quality control processes.
• Describe Bidder’s problem escalation process.
• Describe how customer complaints are measured and categorized. What processes are in place to know that a problem has been resolved?
• Describe Bidder’s post-installation support and warranty specifics. Include both product and installation warranty information.
• Describe the process for replacement or repair of defective products and warranty related issues.
• Describe how Bidder evaluates and determines unit repair versus unit replacement.
• Identify all other companies that may be involved in processing, handling, shipping, products and/or services.
• Provide the number, size and location of Bidder’s distribution facilities, warehouses, and retail network as applicable.
• Provide order information to include available ordering methods and available payment terms.
• Provide the number and location of support centers (if applicable).
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• Describe Bidder’s customer service department staffing levels, hours of operation and other relevant details.
• Describe the process for ordering when supply of a unit and installation is involved, specifically addressing whether one purchase order is required for the entire project, or if separate purchase orders are required for ordering the product and
securing installation services.
• Describe Bidder’s internal management system for processing orders from point of customer contact through delivery and billing. Please state if Bidder uses single system or platform for all phases of ordering, processing, delivery, and billing.
• Describe the capacity of Bidder to provide management reports, i.e., commodity histories, procurement card histories, green spend, etc. for each Participating Public Agency. E. BID FORM CRITERIA All pricing submitted using the Bid Form (Attachment C) or a document using the same requested information in the same format. The Bid form shall be inclusive of all fees and service/shipping charges. All prices are FOB destination. Additional pages and pricing
information may be included. Bidder shall also be responsible for compliance with any federal, state, or local prevailing
wage laws. Price/Discounts should remain firm and will include all charges that may be incurred in
fulfilling requirements. Invoices may be audited on a random basis along with the necessary supporting documentation. Billing errors will be promptly adjusted. As part of the bid, Bidders shall provide the following:
• Details of any proposed additional discounts for volume orders, special offers, minimum order quantity, free goods program, total annual spend.
• Comprehensive Product Offering Bidder(s) awarded under this IFB may offer their complete product and service offering/balance of line. Pricing for complete product offering/balance of line items will be determined by a percentage discount from a price list or catalog, or fixed price, or a combination of both with indefinite quantities. Prices listed will be used to establish the extent of a Bidder’s product lines, services, warranties, etc. that are available from Bidder and the pricing per item. Multiple percentage discounts are acceptable if, where different percentage discounts apply, the different percentages are specified. Additional pricing and/or discounts may be included. Products and services proposed are to be priced separately with all
ineligible items identified. Bidders may elect to limit their bids to any category or categories. Where the price list shows more than one column of prices, Bidder shall clearly mark the column which represents the discounted pricing to
Participating Public Agencies.
• Federal Funding Pricing
Due to products and services potentially being used in bid to an emergency or disaster recovery situation in which federal funding may used, if not already
INVITATION FOR BID - IFB # RC2002-1001 Page 19 of 119 HVAC PRODUCTS, INSTALLATION, LABOR BASED SOLUTIONS, AND RELATED PRODUCTS AND SERVICES-
incorporated as part of the bid, provide alternative pricing that does not include cost plus a percentage of cost or pricing based on time and materials; if time and
materials is necessary, a ceiling price that the contract exceeds at its own risk will be needed. Products and services provided in a situation where an agency is eligible for federal funding, Bidder is subject to and must comply with all federal
requirements applicable to the funding including, but not limited to the FEMA Special Conditions section located in the Federal Funds Certifications Exhibit. V. AWARD INFORMATION A. COMPLIANCE WITH IFB Bids submitted must be in strict compliance with the terms of the solicitation. Failure to
comply with all provisions of the IFB may result in disqualification. B. CONDITIONS OF AWARD
All Bidders, by submission of their respective bids, agree to abide by the rules, regulations, procedures, and decisions of Racine County.
C. QUALIFYING BIDDERS Failure of Bidder to provide the required information, may result in a determination that Bidder is a non-responsive Bidder. If Bidder does not adequately demonstrate the necessary qualifications, as outlined throughout Section IV. Bid Submittal Instructions, and submit the information indicated under item D. Responsible Bidder, Bidder may be deemed not qualified and/or responsible. Racine County reserves the right to make such additional investigations as it deems necessary to verify a Bidder may be deemed not qualified and/or responsible. Racine County reserves the right to make such additional investigations as it deems necessary to verify a Bidder submitting a bid is qualified and responsible to include investigating Bidder’s past work with Racine County and Racine
County employees. D. AWARD
Utilizing the two-step process set forth herein, it is the intent of the County to award the Contract to the lowest responsive responsible Bidder provided the bid has been
submitted in accordance with the requirements of the Contract Documents, the Bidder is adequately qualified, and the bid does not exceed the funds available. Racine County reserves the right to make an award as deemed in its best interest, which may include awarding to a single bidder or multiple bidders; or to award the whole bid, only part of the bid, or none of the bid to single or multiple bidders, based on its sole discretion of its best interest, together with compliance with applicable law. Intent to award will not be
made and a contract will not be executed until Racine County, at its sole discretion, accepts a bid. RACINE COUNTY RESERVES THE RIGHT TO REJECT ANY OR ALL BIDS AND TO WAIVE ANY TECHNICALITY OR ERROR IN ANY BID OR PART THEREIN, AND TO ACCEPT THE SAME OR COMBINATIONS, IN WHOLE OR IN PART, WHICHEVER IS DEEMED TO BE IN THE BEST INTEREST OF RACINE COUNTY IN ITS SOLE AND EXCLUSIVE DISCRETION. While not all inclusive, the following items may be used
when determining if a Bidder is considered responsive and responsible: work schedule,
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technical competency, ability to render satisfactory service, past performance, reputation for providing a quality product, timely delivery of products and/or services, financial
ability, bonding, experience in performance of similar work, references, equipment, and capacity.
For the first step of the bidding process, Bidders will submit their sealed bids with all requested information, to include Certification of Vendor and Attachment C – Bid Form, by the due date and time outlined in this IFB. After the due date and time, all Bidders will be evaluated to determine if they are responsive, responsible, and qualified. Each Bidder determined to be responsive, responsible, and qualified shall be determined to be a “Responsible Bidder.”
As part of the first step of the bidding process, Racine County may seek additional information or clarification from one or more of the Bidders.
If Bidder does not adequately demonstrate the necessary minimum qualifications, Bidder
may be deemed not qualified and/or responsible. Racine County reserves the right to make such additional investigations as it deems necessary to verify a Bidder submitting a bid is qualified and responsible to include investigating Bidder’s past work with Racine County
and Racine County employees.
Award may be made without discussion with Bidder, therefore, Bidders are cautioned that Bidders should be submitted initially on the most favorable terms.
For the second step of the bidding process, Racine County will distribute to each
Responsible Bidder a Sample Project Form to determine which Responsible Bidder(s) constitute the lowest responsible bidder(s) when the bid responses are applied to actual (hypothetical) projects. As indicated in Section I. Project Overview, when responding to the Sample Project Form, Responsible Bidders are required to USE THE SAME LINE ITEM PRICING from Attachment C – Bid Form and apply them to the Sample Projects Form (to be supplied to Responsible Bidders as part of Step-One); a reduction in price for the sample projects outlined in a Responsible Bidder’s Sample Project Form will not be allowable. The final basis for award and lowest responsible Bidder(s) will result from the lowest total dollar amount of the combined sample projects.
E.TIE BIDS
If two (2) or more Bidders submit identical bids, the decision of the County to makeaward to one or more of such Bidders shall be final.
F.NOTICE OF ACCEPTANCE
Racine County will notify the lowest responsible and responsive Bidder(s) as soon aspractical of the selection. Written notice of award to Bidder(s) in the form of a letter,contract or otherwise, mailed or delivered to the address shown on the Certification ofVendor page will be considered sufficient notice of acceptance of bid.
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REFERENCES
HVAC PRODUCTS, INSTALLATION, LABOR BASED SOLUTIONS, AND
RELATED PRODUCTS AND SERVICES
List three (3) references for construction services to that requested in this IFB.
1.Company: ________________________________________________
Address: _________________________________________________
Contact Person: ________________________________ Phone: ______________
Email address: ___________________________________
Description of project: ____________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
2.Company: ________________________________________________
Address: _________________________________________________
Contact Person: ________________________________ Phone: ______________
Email address: ___________________________________
Description of project: ____________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
3.Company: ________________________________________________
Address: _________________________________________________
Contact Person: ________________________________ Phone: ______________
Email address: ___________________________________
Description of project: ____________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
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CERTIFICATION OF VENDOR
HVAC PRODUCTS, INSTALLATION, LABOR BASED SOLUTIONS, AND RELATED PRODUCTS AND SERVICES The undersigned, submitting this Bid, hereby agrees with all the terms, conditions, and specifications required by the County in this IFB and declares that the attached Bid is in
conformity therewith. The undersigned attests to the following:
• I have reviewed in detail the IFB and all related attachments and information provided by Racine County before submitting this Bid.
• I have full authority to make such statements and to submit this Bid as the duly recognized representative of the Bidder.
SIGNATURE: ______________________________________________________
PRINT NAME: _____________________________________________________
TITLE: ___________________________________________________________
COMPANY: _______________________________________________________
ADDRESS: _______________________________________________________
CITY, STATE, ZIP: _________________________________________________
TELEPHONE: ________________________ FAX: _______________________
E-MAIL: __________________________________________________________
DATE: ___________________________________________________________
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Attachment A Community Development Block Grant Addendum
Purchases made under this contract may be partially or fully funded with federal grant funds. Funding for
this work may include Federal Funding sources, including Community Development Block Grant (CDBG) funds from the U.S. Department of Housing and Urban Development. When such funding is provided,
Contractor shall comply with all terms, conditions and requirements enumerated by the grant funding source, as well as requirements of the State statutes for which the contract is utilized, whichever is the
more restrictive requirement. When using Federal Funding, Contractor shall comply with all wage and latest reporting provisions of the Federal Davis-Bacon Act. HUD-4010 Labor Provisions also applies to
this contract.
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Attachment B Federal Grant Funding Addendum For more information on Federal Grant Funding for ESSER and GEER, please click on the following link: https://www.hcps.org/departments/docs/BusinessServices/Purchasing/FAQs_ESSER_GEER.pdf for Frequently Asked Questions on Elementary and Secondary School Emergency Relief (ESSER) Programs Governor’s Emergency Education Relief (GEER) Programs (U.S. Department of Education Washington, D.C. 20202, May 2021). For more information on Federal Grant Funding for HEERF, please click on the following link: https://www2.ed.gov/about/offices/list/ope/arpfaq.pdf for Higher Education Emergency Relief (HEERF) Fund III Frequently Asked Questions (American Rescue Plan Act of 2021 Published May 11, 2021, updated May 24, 2021).
INVITATION FOR BID - IFB # RC2002-1001 Page 25 of 119 HVAC PRODUCTS, INSTALLATION, LABOR BASED SOLUTIONS, AND RELATED PRODUCTS AND SERVICES-
Attachment C Bid Form
(To be submitted in a sealed envelope or box as indicated) Bid Form documents are provided. A discount percentage or structure must be clearly delineated. The Bid form shall be inclusive of all fees and service/shipping charges. All prices are FOB destination. Additional pages and pricing information may be included. 1. Definitions
Labor Wage Classification Definitions - definitions as used herein for establishing labor rates. Participating Public Agencies may choose to establish alternative definitions.
LABOR WAGE CLASSIFICATION DEFINITIONS
Architect Professional licensed designer providing Architectural drawings.
Asbestos Worker Worker who removes and disposes of asbestos materials.
Boilermaker
Worker who assembles boilers, tanks, vats and pressure vessels. The duties of the boilermaker include welding, acetylene burning, riveting,
caulking, rigging, fitting up, grounding, reaming and impact machine operating.
Carpenter Worker who builds wood structures or structures of any material which has replaced wood. Includes rough and finish carpentry, hardware and trim.
Carpet/Floor Installer Worker who installs carpet and/or floor coverings and vinyl tile.
Commissioning Agent Agent who ensures proper installation and operation of technical building systems.
Concrete Finisher Worker who floats, trowels, and finishes concrete.
Data Communications / Telecommunications Installer Worker who installs data/telephone and television cable and associated equipment and accessories.
Delivery Personnel Worker who can deliver materials to other HVAC personnel as well as
work as a second man on jobs if necessary.
Drafting Worker who provides detail engineering drawings utilizing CADD type documents.
Drywall/Ceiling Installer Worker who installs metal framed walls and ceilings, drywall coverings, ceiling grids and ceilings.
Duct Cleaner
Worker who cleans air conveyance systems using compressed air tools
and mechanical agitation devices to dislodge dirt and other contaminants from the ductwork and other HVAC components.
Electrician Skilled craftsperson who installs or repairs electrical wiring and devices. Includes fire alarm systems and HVAC electrical controls.
LABOR WAGE CLASSIFICATION DEFINITIONS (continued)
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Elevator Mechanic Craftsperson skilled in the installation and maintenance of elevators.
Engineering Designer
Professional licensed engineer. An Engineering Designer is not a requirement of this solicitation but may be beneficial for Participating
Public Agencies to utilize should they choose. In such case, an Engineering Design may lay out HVAC, plumbing, electrical, structural, or
civil systems.
Fire Proofing Installer Worker who sprays or applies fire proofing materials.
Geothermal Well Field Labor Worker who lays coiled pipe and tests and connects to HVAC equipment in earthen trench.
Glazier Worker who installs glass, glazing and glass framing.
Heavy Equipment Operator
Equipment operator that operates the following, including but not limited to, all Cat tractors, all derrick-powered, all power operated cranes, back-hoe, back filler, power operated shovel, winch truck, all trenching machines.
HVAC Building Automation Technician Worker who can work on low temperature refrigeration equipment as well as small commercial equipment under 60 tons.
HVAC Commercial A/C
Technician Worker who can work on large commercial up to 3000 tons.
HVAC Light Commercial Worker who can work on small commercial up to 25 tons.
HVAC Duct Installer Worker who installs ductwork. Assists with some equipment installation.
HVAC Field Supervisor Worker who monitors quality as well as provide technical support to all other HVAC technician skill levels.
HVAC Filter Technician Worker who changes filters in all types of HVAC equipment as well as minor maintenance on light commercial equipment such as changing worn belts.
HVAC Helper Worker who can assist a commercial or refrigeration technician as well as perform minor analysis and repairs on equipment under 30 tons.
HVAC Refrigeration Technician Worker who can work on low temperature refrigeration equipment as well as small commercial equipment under 60 tons.
Insulator Worker who applies, sprays or installs insulation.
Iron Worker Skilled craftsperson who erects structural steel framing and installs structural concrete rebar.
Laborer/Helper Worker qualified for only unskilled or semi-skilled work, including but not limited to, lifting, carrying materials and tools, hauling, digging, clean-up.
Lather/Plasterer Worker who installs metal framing and lath. Worker who applies plaster to
lathing & installs associated accessories
Light Equipment Operator Includes, but is not limited to, operation of air compressors, truck crane driver, flex plane, building elevator, form grader, concrete mixer (less than 14cf), conveyer.
Mason, Bricklayer Craftsperson who works with masonry products, stone, brick, block, or any material substituting for those materials and accessories.
LABOR WAGE CLASSIFICATION DEFINITIONS (continued)
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Metal Building Assembler Worker who assembles pre-made metal buildings.
Millwright Mechanic specializing in the installation of heavy machinery, conveyance, wrenches, dock levelers, hydraulic lifts and align pumps.
Painter/Wall Covering Installer Worker who prepares wall surfaces & applies paint and/or wall covering, tape and bedding.
Pipefitter Trained worker who installs piping systems, chilled water piping and hot water (boiler) piping, pneumatic tubing controls, chillers, boilers and
associated mechanical equipment.
Plumber Skilled craftsperson who installs domestic hot & cold-water piping, waste piping, storm system piping, water closets, sinks, urinals, and related work.
Project Engineer
A Project Engineer is not a requirement but may be beneficial for Participating Public Agencies to utilize should they choose. In such case,
a Project Engineer may monitor engineering documents as well as provide technical support regarding the engineering plans and
specifications as designed by the Professional Engineer. Worker may be responsible for maintaining project status and reports.
Project Manager
Worker who monitors quality as well as provide technical support to all
other HVAC technician skill levels and is responsible for maintaining project status and reports.
Project Administrator
Worker who provides administrative support to all technician skill levels and is responsible for all administrative functions of the project such as billings, contracts, work orders, legal requirements, purchase orders, sales tax certificates as well as proper record keeping.
Roofer Worker who installs roofing materials, Bitumen (asphalt and coal tar) felts, flashings, all types roofing membranes & associated products.
Sheet Metal Worker Worker who installs sheet metal products. Roof metal, flashings and curbs, ductwork, mechanical equipment and associated metals.
Sprinkler Fitter Worker who installs fire sprinkler systems and fire protection equipment.
Terrazzo Worker Craftsperson who places and finishes Terrazzo.
Tile Setter Worker who prepares wall and/or floor surfaces & applies ceramic tiles to these surfaces.
Water Proofer/Caulker Worker who applies water proofing material to buildings. Products include sealant, caulk, sheet membrane, liquid membranes, sprayed, rolled, or brushed.
Test and Balance Technician Certified technician per AABC or NEBB standards trained to perform water and air balance. Also provides sound and vibration testing and
preparing of certified reports.
Infrared Technician Worker who utilizes infrared photography to determine location of thermal heat losses.
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LABOR WAGE CLASSIFICATION DEFINITIONS (continued)
Water Treatment Technician
Certified technician who is trained to evaluate analytical test results on boiler system water, condenser water, and chill water samples and to make appropriate recommendations regarding residual levels, cycles, and feed rates.
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BID FORM
SECTION A
Product Pricing
Bidder shall include all product pricing using this format as pricing utilized on this form should be
consistent with the individual pricing scenarios that are to be distributed to responsive, responsible, and
qualified Bidders. Use additional space as necessary.
MFG Part No. Product Name Product Description List Price % Discount off List Price Net Price
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BID FORM (CONT'D)
SECTION B
Labor Rates
Normal business hours are defined as: ____________________________
Overtime hours are defined as: ____________________________
Holiday hours are defined as: ____________________________
For all applicable Labor Classifications, using the below format, Bidder shall provide labor rates by geographic
areas, regions, zones or other means for pricing nationally as sample projects included in Step-Two will be
diverse project types including projects from different states and regions outside of Racine County and
Wisconsin. Participating Public Agencies may have differing needs and requirements depending on the scope of their project(s); Participating Public Agencies may determine the appropriate Labor Classifications at their
discretion. If Bidder is unable to provide one or more of the Labor Classifications below (either as part of their
primary staff or as a subcontractor), Bidder should notate that in their response. Pricing utilized on this form will
need to be consistent with the individual pricing scenarios provided to responsible, responsive, and qualified Bidders.
Hourly Rate
Item Labor Classification
Normal
Business
Hours
Overtime Holiday
1 Architect
2 Asbestos worker
3 Boilermaker
4 Concrete finishers
5 Delivery personnel
6 Drafting
7 Drywall and ceiling installers
8 Electricians
9 Engineering design
10 Geothermal well field labor
11 Heavy equipment operators
12 HVAC commercial A/C technician
13 HVAC light commercial
14 HVAC helper
15 HVAC field supervisor
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BID FORM (CONT'D)
SECTION B
Labor Rates (Cont'd)
Hourly Rate
Item Labor Classification Normal
Business Hours Overtime Holiday
16 HVAC refrigeration technician
17 HVAC duct installer
18 HVAC filter technician
19 HVAC building automation technician
20 Infrared technician
21 Insulators
22 Laborers
23 Light equipment operators
24 Metal building assembler
25 Millwrights
26 Operating engineer
27 Painters, wall covering installers
28 Pipefitters
29 Plasterers
30 Plumbers
31 Project manager
32 Project administrator
33 Project engineering
34 Roofers
35 Sheet metal workers
36 Test and balance technician
37 Tile setters
38 Water Proofers, caulkers
39 Water treatment technician
Use additional space as necessary to add any additional
labor categories.
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BID FORM (CONT'D)
SECTION C
Additional Costs
INSTRUCTIONS:
Bidder shall utilize net product prices and labor rates listed in Sections A and B of this Bid Form to determine cost for installation of new equipment, maintenance of existing systems, upgrading of existing infrastructures,
turn-key services and any other installation and services offered. If there are other elements that should also be
taken into consideration, Bidder shall list these elements below and any associated pricing. Pricing utilized on this
form will need to be consistent with the individual pricing scenarios provided to responsible, responsive, and
qualified Bidders.
Any Additional Pricing Elements for Installation, Maintenance,
Upgrades and Turn-Key Services
Cost
List any other elements to be taken into consideration for
installation, maintenance, upgrades and turn-key services
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BID FORM (CONT'D)
SECTION D
Additional Costs
Use the below space to provide pricing for any related products and services your company wishes to be
considered. Pricing utilized on this form will need to be consistent with the individual pricing scenarios provided
to responsible, responsive, and qualified Bidders.
Product or Service Cost
Use additional space as necessary
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BID FORM (CONT'D)
SECTION E
Additional Discounts
Insert additional lines as necessary. Pricing utilized on this form will need to be consistent with the individual
pricing scenarios provided to responsible, responsive, and qualified Bidders.
ADDITIONAL DISCOUNTS/INCENTIVES COST
Additional Discounts for volume (i.e., price breaks for multiple
products/services, etc.)
$
$
$
$
Any additional pricing incentives, discounts, or rebates such as for large
volume purchases and services, total spend, etc.
$
$
$
$
Any additional pricing discounts for the purchase of products and services for
groups of Participating Public Agencies in a local geographic area that desire
to combine requirements, i.e., local city, county, school district, housing
authority, transit authority, etc.
$
$
$
$
Version April 12, 2022
ATTACHMENT D
Requirements for National Cooperative Contract To Be Administered by OMNIA Partners
The following documents are used in reviewing and administering national cooperative contracts and are included for Supplier’s review and bid. Exhibit A – Response for National Cooperative Contract
Exhibit B – Administration Agreement, Example
Exhibit C – Master Intergovernmental Cooperative Purchasing Agreement, Example
Exhibit D – Principal Procurement Agency Certificate, Example
Exhibit E – Contract Sales Reporting Template
Exhibit F – Federal Funds Certifications
Exhibit G – New Jersey Business Compliance
Exhibit H – Advertising Compliance Requirement
Version April 12, 2022
Exhibit A Response for National Cooperative Contract
1.0 Scope of National Cooperative Contract Capitalized terms not otherwise defined herein shall have the meanings given to them in the
Master Agreement or in the Administration Agreement between Vendor (sometimes referred to as ‘Supplier’) and OMNIA Partners. 1.1 Requirement
Racine County, Wisconsin (hereinafter defined and referred to as “Principal Procurement Agency”), on behalf of itself and the National Intergovernmental Purchasing Alliance Company, a Delaware corporation d/b/a OMNIA Partners, Public Sector (“OMNIA Partners”), is requesting bids for HVAC Products, Installation, Labor Based Solutions, and Related Products and Services. The intent of this Invitation
for Bid is any contract between Principal Procurement Agency and Vendor resulting from this Invitation for Bid (“Master Agreement”) be made available to other public agencies nationally, including state and local governmental entities, public and private primary, secondary and higher education entities, non-profit entities, and agencies for
the public benefit (“Public Agencies”), through OMNIA Partners’ cooperative
purchasing program. The Principal Procurement Agency has executed a Principal Procurement Agency Certificate with OMNIA Partners, an example of which is included as Exhibit D, and has agreed to pursue the Master Agreement. Use of the Master Agreement by any Public Agency is preceded by their registration with
OMNIA Partners as a Participating Public Agency in OMNIA Partners’ cooperative
purchasing program. Registration with OMNIA Partners as a Participating Public Agency is accomplished by Public Agencies entering into a Master Intergovernmental Cooperative Purchasing Agreement, an example of which is attached as Exhibit C, and by using the Master Agreement, any such Participating Public Agency agrees that it is
registered with OMNIA Partners, whether pursuant to the terms of the Master
Intergovernmental Purchasing Cooperative Agreement or as otherwise agreed to. The terms and pricing established in the resulting Master Agreement between the Vendor and the Principal Procurement Agency will be the same as that available to Participating Public Agencies through OMNIA Partners.
All transactions, purchase orders, invoices, payments etc., will occur directly between the Vendor and each Participating Public Agency individually, and neither OMNIA Partners, any Principal Procurement Agency nor any Participating Public Agency, including their respective agents, directors, employees or representatives, shall be
liable to Vendor for any acts, liabilities, damages, etc., incurred by any other
Participating Public Agency. Vendor is responsible for knowing the tax laws in each state. This Exhibit A defines the expectations for qualifying Vendors based on OMNIA
Partners’ requirements to market the resulting Master Agreement nationally to Public
Agencies. Each section in this Exhibit A refers to the capabilities, requirements, obligations, and prohibitions of competing Vendors on a national level in order to serve Participating Public Agencies through OMNIA Partners.
Version April 12, 2022
These requirements are incorporated into and are considered an integral part of this
IFB. OMNIA Partners reserves the right to determine whether to make the Master
Agreement awarded by the Principal Procurement Agency available to Participating Public Agencies, in its sole and absolute discretion, and any party submitting a response to this IFB acknowledges that any award by the Principal Procurement Agency does not obligate OMNIA Partners to make the Master Agreement available
to Participating Procurement Agencies.
1.2 Marketing, Sales and Administrative Support During the term of the Master Agreement OMNIA Partners intends to provide
marketing, sales, partnership development and administrative support for Vendor
pursuant to this section that directly promotes the Vendor’s products and services to Participating Public Agencies through multiple channels, each designed to promote specific products and services to Public Agencies on a national basis.
OMNIA Partners will assign the Vendor a Director of Partner Development who will
serve as the main point of contact for the Vendor and will be responsible for managing the overall relationship between the Vendor and OMNIA Partners. The Director of Partner Development will work with the Vendor to develop a comprehensive strategy to promote the Master Agreement and will connect the Vendor with appropriate
stakeholders within OMNIA Partners including, Sales, Marketing, Contracting,
Training, and Operations & Support. The OMNIA Partners marketing team will work in conjunction with Vendor to promote the Master Agreement to both existing Participating Public Agencies and
prospective Public Agencies through channels that may include:
A. Marketing collateral (print, electronic, email, presentations)
B. Website
C. Trade shows/conferences/meetings
D. Advertising
E. Social Media
The OMNIA Partners sales teams will work in conjunction with Vendor to promote the Master Agreement to both existing Participating Public Agencies and prospective Public Agencies through initiatives that may include:
A. Individual sales calls
B. Joint sales calls
C. Communications/customer service
D. Training sessions for Public Agency teams
E. Training sessions for Vendor teams
Version April 12, 2022
The OMNIA Partners contracting teams will work in conjunction with Vendor to promote the Master Agreement to both existing Participating Public Agencies and
prospective Public Agencies through:
A. Serving as the subject matter expert for questions regarding joint powers authority
and state statutes and regulations for cooperative purchasing
B. Training sessions for Public Agency teams
C. Training sessions for Vendor teams
D. Regular business reviews to monitor program success
E. General contract administration
Vendors are required to pay an Administrative Fee of 3% of the greater of the Contract Sales under the Master Agreement and Guaranteed Contract Sales under this Invitation for Bid. Vendor will be required to execute the OMNIA Partners Administration
Agreement (Exhibit B).
1.3 Estimated Volume The dollar volume purchased under the Master Agreement is estimated to be
approximately $500M annually. While no minimum volume is guaranteed to Vendor,
the estimated annual volume is projected based on the current annual volumes among the Principal Procurement Agency, other Participating Public Agencies that are anticipated to utilize the resulting Master Agreement to be made available to them through OMNIA Partners, and volume growth into other Public Agencies through a
coordinated marketing approach between Vendor and OMNIA Partners. 1.4 Award Basis The basis of any contract award resulting from this IFB made by Principal
Procurement Agency will, at OMNIA Partners’ option, be the basis of award on a
national level through OMNIA Partners. If multiple Vendors are awarded by Principal Procurement Agency under the Master Agreement, those same Vendors will be required to extend the Master Agreement to Participating Public Agencies through OMNIA Partners. Utilization of the Master Agreement by Participating Public
Agencies will be at the discretion of the individual Participating Public Agency.
Certain terms of the Master Agreement specifically applicable to the Principal Procurement Agency (e.g., governing law) are subject to modification for each Participating Public Agency as Vendor and such Participating Public Agency may agree without being in conflict with the Master Agreement as a condition of the
Participating Agency’s purchase and not a modification of the Master Agreement
applicable to all Participating Agencies. Participating Agencies may request to enter into a separate supplemental agreement to further define the level of service requirements over and above the minimum defined in the Master Agreement (e.g., governing law, invoice requirements, order requirements, specialized delivery,
diversity requirements such as minority and woman owned businesses, historically
underutilized business, etc.) (“Supplemental Agreement”). It shall be the responsibility of the Vendor to comply, when applicable, with the prevailing wage
Version April 12, 2022
legislation in effect in the jurisdiction of the Participating Agency. It shall further be the responsibility of the Vendor to monitor the prevailing wage rates as established by
the appropriate department of labor for any increase in rates during the term of the
Master Agreement and adjust wage rates accordingly. In instances where supplemental terms and conditions create additional risk and cost for Vendor, Vendor and Participating Public Agency may negotiate additional pricing above and beyond the stated contract not-to-exceed pricing so long as the added price is commensurate
with the additional cost incurred by the Vendor. Any supplemental agreement
developed as a result of the Master Agreement is exclusively between the Participating Agency and the Vendor (Contract Sales are reported to OMNIA Partners).
All signed Supplemental Agreements and purchase orders issued and accepted by the
Vendor may survive expiration or termination of the Master Agreement. Participating
Agencies’ purchase orders may exceed the term of the Master Agreement if the purchase order is issued prior to the expiration of the Master Agreement. Vendor is responsible for reporting all sales and paying the applicable Administrative Fee for sales that use the Master Agreement as the basis for the purchase order, even though
Master Agreement may have expired.
1.5 Objectives of Cooperative Program
This IFB is intended to achieve the following objectives regarding availability through
OMNIA Partners’ cooperative program:
A.Provide a comprehensive competitively solicited and awarded national agreementoffering the Products covered by this solicitation to Participating Public Agencies;
B.Establish the Master Agreement as the Vendor’s primary go to market strategy to
Public Agencies nationwide;
C.Achieve cost savings for Vendor and Public Agencies through a single solicitationprocess that will reduce the Vendor’s need to respond to multiple solicitations andPublic Agencies need to conduct their own solicitation process;
D.Combine the aggregate purchasing volumes of Participating Public Agencies to
achieve cost effective pricing.
2.0 REPRESENTATIONS AND COVENANTS
As a condition to Vendor entering into the Master Agreement, which would be available to
all Public Agencies, Vendor must make certain representations, warranties and covenants to
both the Principal Procurement Agency and OMNIA Partners designed to ensure the success of the Master Agreement for all Participating Public Agencies as well as the Vendor.
2.1 Corporate Commitment
Vendor commits that (1) the Master Agreement has received all necessary corporate authorizations and support of the Vendor’s executive management, (2) the Master Agreement is Vendor's primary “go to market” strategy for Public Agencies, (3) the Master Agreement will be promoted to all Public Agencies, including any existing
customers, and Vendor will transition existing customers, upon their request, to the
Master Agreement, and (4) that the Vendor has read and agrees to the terms and
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conditions of the Administration Agreement with OMNIA Partners and will execute such agreement concurrent with and as a condition of its execution of the Master
Agreement with the Principal Procurement Agency. Vendor will identify an executive
corporate sponsor and a separate national account manager within the IFB response that will be responsible for the overall management of the Master Agreement. 2.2 Pricing Commitment
Vendor commits the not-to-exceed pricing provided under the Master Agreement pricing is its lowest available (net to buyer) to Public Agencies nationwide and further commits that if a Participating Public Agency is eligible for lower pricing through a national, state, regional or local or cooperative contract, the Vendor will match such
lower pricing to that Participating Public Agency under the Master Agreement.
2.3 Sales Commitment Vendor commits to aggressively market the Master Agreement as its go to market
strategy in this defined sector and that its sales force will be trained, engaged and
committed to offering the Master Agreement to Public Agencies through OMNIA Partners nationwide. Vendor commits that all Master Agreement sales will be accurately and timely reported to OMNIA Partners in accordance with the OMNIA Partners Administration Agreement. Vendor also commits its sales force will be
compensated, including sales incentives, for sales to Public Agencies under the Master
Agreement in a consistent or better manner compared to sales to Public Agencies if the Vendor were not awarded the Master Agreement. 3.0 VENDOR BID
Vendor must supply the following information for the Principal Procurement Agency to determine if Vendor is qualified and responsible to extend the resulting Master Agreement to Participating Public Agencies through OMNIA Partners.
3.1 Company A. Brief history and description of Vendor to include experience providing similar products and services.
B. Total number and location of salespersons and/or project managers employed by
Vendor to help support Participating Public Agencies.
C. Number and location of support centers (if applicable) and location of corporate office.
D. Annual sales for the three previous fiscal years.
a. Submit FEIN and Dunn & Bradstreet report.
E. Describe any green or environmental initiatives or policies.
F. Describe any diversity programs or partners Vendor does business with and how Participating Agencies may use diverse partners through the Master Agreement. Indicate how, if at all, pricing changes when using the diversity program. If there are any diversity programs, provide a list of diversity alliances and a copy of their
certifications.
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G. Indicate if Vendor holds any of the below certifications in any classified areas and include proof of such certification in the response:
a. Minority Women Business Enterprise
Yes No
If yes, list certifying agency: ___________________________________
b. Small Business Enterprise (SBE) or Disadvantaged Business Enterprise (DBE)
Yes No
If yes, list certifying agency: ___________________________________
c. Historically Underutilized Business (HUB) Yes No If yes, list certifying agency: ___________________________________
d. Historically Underutilized Business Zone Enterprise (HUBZone)
Yes No If yes, list certifying agency: ___________________________________
e. Other recognized diversity certificate holder
Yes No
If yes, list certifying agency: ____________________________________
H. List any relationships with subcontractors or affiliates intended to be used when providing services and identify if subcontractors meet minority-owned standards. If any, list which certifications subcontractors hold and certifying agency.
I. Describe how Vendor differentiates itself from its competitors.
J. Describe any present or past litigation, bankruptcy or reorganization involving Vendor.
K. Felony Conviction Notice: Indicate if the Vendor
a. is a publicly held corporation and this reporting requirement is not
applicable;
b. is not owned or operated by anyone who has been convicted of a felony; or
c. is owned or operated by and individual(s) who has been convicted of a felony and provide the names and convictions.
L. Describe any debarment or suspension actions taken against Vendor
3.2 Distribution, Logistics A. Each offeror awarded under this IFB may offer their complete product and service
offering/a balance of line. Describe the full line of products and services offered
by Vendor. B. Describe how Vendor proposes to distribute the products/service nationwide. Include any states where products and services will not be offered under the Master
Agreement, including U.S. Territories and Outlying Areas.
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C. Describe how Participating Agencies are ensured they will receive the Master
Agreement pricing; include all distribution channels such as direct ordering,
retail or in-store locations, through distributors, etc. Describe how Participating Agencies verify and audit pricing to ensure its compliance with the Master Agreement.
D. Identify all other companies that will be involved in processing, handling or
shipping the products/service to the end user. E. Provide the number, size and location of Vendor’s distribution or other operations facilities, warehouses, and/or retail network as applicable.
3.3 Marketing and Sales A. Provide a detailed ninety-day plan beginning from award date of the Master Agreement describing the strategy to immediately implement the Master
Agreement as Vendor’s primary go to market strategy for Public Agencies to
Vendor’s teams nationwide, to include, but not limited to: i. Executive leadership endorsement and sponsorship of the award as the public sector go-to-market strategy within first 10 days
ii. Training and education of Vendor’s national sales force with participation
from the Vendor’s executive leadership, along with the OMNIA Partners team within first 90 days
B. Provide a detailed ninety-day plan beginning from award date of the Master
Agreement describing the strategy to market the Master Agreement to current
Participating Public Agencies, existing Public Agency customers of Vendor, as well as to prospective Public Agencies nationwide immediately upon award, to include, but not limited to:
i. Creation and distribution of a co-branded press release to trade publications
ii. Announcement, Master Agreement details and contact information published on the Vendor’s website within first 90 days
iii. Design, publication and distribution of co-branded marketing materials within first 90 days
iv. Commitment to attendance and participation with OMNIA Partners at
national (i.e. NIGP Annual Forum, NPI Conference, etc.), regional (i.e. Regional NIGP Chapter Meetings, Regional Cooperative Summits, etc.) and supplier-specific trade shows, conferences and meetings throughout the term of the Master Agreement
v. Commitment to attend, exhibit and participate at the NIGP Annual Forum
in an area reserved by OMNIA Partners for partner Vendors. Booth space will be purchased and staffed by Vendor. In addition, Vendor commits to provide reasonable assistance to the overall promotion and marketing efforts for the NIGP Annual Forum, as directed by OMNIA Partners.
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vi. Design and publication of national and regional advertising in trade publications throughout the term of the Master Agreement
vii. Ongoing marketing and promotion of the Master Agreement throughout its
term (case studies, collateral pieces, presentations, promotions, etc.)
viii. Dedicated OMNIA Partners internet web-based homepage on Vendor’s website with:
• OMNIA Partners standard logo;
• Copy of original Invitation to Bid;
• Copy of Master Agreement and amendments between Principal Procurement Agency and Vendor;
• Summary of Products and pricing;
• Marketing Materials
• Electronic link to OMNIA Partners’ website including the online
registration page;
• A dedicated toll-free number and email address for OMNIA Partners
C. Describe how Vendor will transition any existing Public Agency customers’
accounts to the Master Agreement available nationally through OMNIA Partners.
Include a list of current cooperative contracts (regional and national) Vendor holds and describe how the Master Agreement will be positioned among the other cooperative agreements.
D. Acknowledge Vendor agrees to provide its logo(s) to OMNIA Partners and agrees
to provide permission for reproduction of such logo in marketing communications and promotions. Acknowledge that use of OMNIA Partners logo will require permission for reproduction, as well.
E. Confirm Vendor will be proactive in direct sales of Vendor’s goods and services
to Public Agencies nationwide and the timely follow up to leads established by OMNIA Partners. All sales materials are to use the OMNIA Partners logo. At a minimum, the Vendor’s sales initiatives should communicate:
i. Master Agreement was competitively solicited and publicly awarded by a
Principal Procurement Agency
ii. Best government pricing
iii. No cost to participate
iv. Non-exclusive
F. Confirm Vendor will train its national sales force on the Master Agreement. At a minimum, sales training should include: i. Key features of Master Agreement
ii. Working knowledge of the solicitation process
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iii. Awareness of the range of Public Agencies that can utilize the Master Agreement through OMNIA Partners
iv. Knowledge of benefits of the use of cooperative contracts
G. Provide the name, title, email and phone number for the person(s), who will be responsible for:
i. Executive Support
ii. Marketing iii. Sales iv. Sales Support v. Financial Reporting
vi. Accounts Payable
vii. Contracts H. Describe in detail how Vendor’s national sales force personnel and/or project managers are structured, including contact information for the highest-level
executive in charge of the sales and/or project management team.
I. Explain in detail how the sales or project management teams will work with the OMNIA Partners team to implement, grow and service the national program.
I. Explain in detail how Vendor will manage the overall national program throughout
the term of the Master Agreement, including ongoing coordination of marketing and sales efforts, timely new Participating Public Agency account set-up, timely contract administration, etc.
J. State the amount of Vendor’s Public Agency sales for the previous fiscal year.
Provide a list of Vendor’s top 3 Public Agency customers, the total purchases for each for the previous fiscal year along with a key contact for each. K. Describe Vendor’s information systems capabilities and limitations regarding
order management through receipt of payment, including description of multiple
platforms that may be used for any of these functions. L. Provide the Contract Sales (as defined in Section 12 of the OMNIA Partners Administration Agreement) that Vendor will guarantee each year under the Master
Agreement for the initial three years of the Master Agreement (“Guaranteed
Contract Sales”).
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$_______.00 in year one
$_______.00 in year two
$_______.00 in year three To the extent Vendor guarantees minimum Contract Sales, the Administrative Fee shall be calculated based on the greater of the actual Contract Sales and
the Guaranteed Contract Sales.
M. Even though it is anticipated many Public Agencies will be able to utilize the Master Agreement without further formal solicitation, there may be circumstances where Public Agencies will issue their own solicitations. The following options
are available when responding to a solicitation for Products covered under the
Master Agreement. i. Respond with Master Agreement pricing (Contract Sales reported to OMNIA Partners).
ii. If competitive conditions require pricing lower than the standard
Master Agreement not-to-exceed pricing, Vendor may respond with lower pricing through the Master Agreement. If Vendor is awarded the contract, the sales are reported as Contract Sales to OMNIA Partners under the Master Agreement.
iii. Respond with pricing higher than Master Agreement only in the
unlikely event that the Public Agency refuses to utilize Master Agreement (Contract Sales are not reported to OMNIA Partners).
iv. If alternative or multiple bid and/or proposals are permitted, respond with pricing higher than Master Agreement, and include Master
Agreement as the alternate or additional bid/proposal.
Detail Vendor’s strategies under these options when responding to a solicitation.
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Exhibit B Administration Agreement, Example
ADMINISTRATION AGREEMENT
THIS ADMINISTRATION AGREEMENT (this “Agreement”) is made this ___ day of
______ 20__, between National Intergovernmental Purchasing Alliance Company, a Delaware corporation d/b/a OMNIA Partners, Public Sector (“OMNIA Partners”), and ________________ (“Supplier”). RECITALS WHEREAS, the ___________________ (the “Principal Procurement Agency”) has entered into a Master Agreement effective _________________, Agreement No_______, by and between the Principal Procurement Agency and Supplier, (as may be amended from time to time in
accordance with the terms thereof, the “Master Agreement”), as attached hereto as Exhibit A and incorporated herein by reference as though fully set forth herein, for the purchase of ____________________________ (the “Product”); WHEREAS, said Master Agreement provides that any or all public agencies, including state
and local governmental entities, public and private primary, secondary and higher education entities, non-profit entities, and agencies for the public benefit (collectively, “Public Agencies”), that register (either via registration on the OMNIA Partners website or execution of a Master Intergovernmental Cooperative Purchasing Agreement, attached hereto as Exhibit B) (each, hereinafter referred to as a “Participating Public Agency”) may purchase Product at prices stated in the Master Agreement;
WHEREAS, Participating Public Agencies may access the Master Agreement which is offered through OMNIA Partners to Public Agencies; WHEREAS, OMNIA Partners serves as the cooperative contract administrator of the Master
Agreement on behalf of Principal Procurement Agency; WHEREAS, Principal Procurement Agency desires OMNIA Partners to proceed with administration of the Master Agreement; and
WHEREAS, OMNIA Partners and Supplier desire to enter into this Agreement to make available the Master Agreement to Participating Public Agencies and to set forth certain terms and conditions governing the relationship between OMNIA Partners and Supplier. NOW, THEREFORE, in consideration of the payments to be made hereunder and the mutual
covenants contained in this Agreement, OMNIA Partners and Supplier hereby agree as follows: DEFINITIONS 1. Capitalized terms used in this Agreement and not otherwise defined herein shall have
the meanings given to them in the Master Agreement.
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TERMS AND CONDITIONS
2.The Master Agreement and the terms and conditions contained therein shall apply to
this Agreement except as expressly changed or modified by this Agreement. Supplier acknowledges and agrees that the covenants and agreements of Supplier set forth in the solicitation and Supplier’s response thereto resulting in the Master Agreement are incorporated herein and are an integral part hereof.
3.OMNIA Partners shall be afforded all of the rights, privileges and indemnificationsafforded to Principal Procurement Agency by or from Supplier under the Master Agreement, and such rights, privileges and indemnifications shall accrue and apply with equal effect to OMNIA Partners, its agents, employees, directors, and representatives under this Agreement including, but not limited
to, Supplier’s obligation to obtain appropriate insurance.
4.OMNIA Partners shall perform all of its duties, responsibilities and obligations as thecooperative contract administrator of the Master Agreement on behalf of Principal Procurement Agency as set forth herein, and Supplier hereby acknowledges and agrees that all duties,
responsibilities and obligations will be undertaken by OMNIA Partners solely in its capacity as the
cooperative contract administrator under the Master Agreement.
5.With respect to any purchases by Principal Procurement Agency or any ParticipatingPublic Agency pursuant to the Master Agreement, OMNIA Partners shall not be: (i) construed as a
dealer, re-marketer, representative, partner or agent of any type of the Supplier, Principal Procurement
Agency or any Participating Public Agency; (ii) obligated, liable or responsible for any order for Product made by Principal Procurement Agency or any Participating Public Agency or any employee thereof under the Master Agreement or for any payment required to be made with respect to such order for Product; and (iii) obligated, liable or responsible for any failure by Principal Procurement
Agency or any Participating Public Agency to comply with procedures or requirements of applicable
law or the Master Agreement or to obtain the due authorization and approval necessary to purchase under the Master Agreement. OMNIA Partners makes no representation or guaranty with respect to any minimum purchases by Principal Procurement Agency or any Participating Public Agency or any employee thereof under this Agreement or the Master Agreement.
6.OMNIA Partners shall not be responsible for Supplier’s performance under the MasterAgreement, and Supplier shall hold OMNIA Partners harmless from any liability that may arise from the acts or omissions of Supplier in connection with the Master Agreement.
7. Supplier acknowledges that, in connection with its access to OMNIA Partners
confidential information and/or supply of data to OMNIA Partners, it has complied with and shall continue to comply with all laws, regulations and standards that may apply to Supplier, including, without limitation: (a) United States federal and state information security and privacy statutes, regulations and/or best practices, including, without limitation, the Gramm-Leach-Bliley Act, the
Massachusetts Data Security Regulations (201 C.M.R. 17.00 et. seq.), the Nevada encryption statute
(N.R.S. § 603A), the California data security law (Cal. Civil Code § 1798.80 et. seq.) and California Consumer Privacy Act (Cal. Civil Code § 1798.100 et. seq.); and (b) applicable industry and regulatory standards and best practices (collectively, “Data Regulations”).
With regard to Personal Information that Supplier collects, receives, or otherwise processes
under the Agreement or otherwise in connection with performance of the Agreement, Supplier agrees that it will not: (i) sell, rent, release, disclose, disseminate, make available, transfer, or otherwise
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communicate orally, in writing, or by electronic or other means, such Personal Information to another business or third party for monetary or other valuable consideration; or (ii) retain, use, or disclose
such Personal Information outside of the direct business relationship between Supplier and OMNIA
Partners or for any purpose other than for the specific purpose of performance of the Agreement, including retaining, using, or disclosing such Personal Information for a commercial purpose other than for performance of the Agreement. By entering into the Agreement, Supplier certifies that it understands the specific restrictions contained in this Section 7 and will comply with them. For
purposes hereof, “Personal Information” means information that identifies, relates to, describes, is
reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household, and includes the specific elements of “personal information” as defined under Data Regulations, as defined herein. Supplier will reasonably assist OMNIA Partners in timely responding to any third party “request to know” or “request to delete” (as defined pursuant
to Data Regulations) and will promptly provide OMNIA Partners with information reasonably
necessary for OMNIA Partners to respond to such requests. Where Supplier collects Personal Information directly from Public Agencies or others on OMNIA Partners’ behalf, Supplier will maintain records and the means necessary to enable OMNIA Partners to respond to such requests to know and requests to delete.
8. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, OMNIA PARTNERS EXPRESSLY DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES REGARDING OMNIA PARTNERS’ PERFORMANCE AS A CONTRACT ADMINISTRATOR OF THE MASTER AGREEMENT. OMNIA PARTNERS SHALL NOT BE
LIABLE IN ANY WAY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL,
EXEMPLARY, PUNITIVE, OR RELIANCE DAMAGES, EVEN IF OMNIA PARTNERS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TERM OF AGREEMENT; TERMINATION
9. This Agreement shall be in effect so long as the Master Agreement remains in effect, provided, however, that the provisions of Sections 3 – 8 and 11 – 22, hereof and the indemnifications afforded by the Supplier to OMNIA Partners in the Master Agreement, to the extent such provisions survive any expiration or termination of the Master Agreement, shall survive the expiration or
termination of this Agreement.
NATIONAL PROMOTION 10. OMNIA Partners and Supplier shall publicize and promote the availability of the
Master Agreement’s products and services to Public Agencies and such agencies’ employees.
Supplier shall require each Public Agency to register its participation in the OMNIA Partners program by either registering on the OMNIA Partners website (www.omniapartners.com/publicsector) or executing a Master Intergovernmental Cooperative Purchasing Agreement prior to processing the Participating Public Agency’s first sales order. Upon request, Supplier shall make available to
interested Public Agencies a copy of the Master Agreement and such price lists or quotes as may be
necessary for such Public Agencies to evaluate potential purchases. 11. Supplier shall provide such marketing and administrative support as set forth in the solicitation resulting in the Master Agreement, including assisting in development of marketing
materials as reasonably requested by Principal Procurement Agency and OMNIA Partners. Supplier
shall be responsible for obtaining permission or license of use and payment of any license fees for all content and images Supplier provides to OMNIA Partners or posts on the OMNIA Partners website.
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Supplier shall indemnify, defend and hold harmless OMNIA Partners for use of all such content and images including copyright infringement claims. Supplier and OMNIA Partners each hereby grant to
the other party a limited, revocable, non-transferable, non-sublicensable right to use such party’s logo
(each, the “Logo”) solely for use in marketing the Master Agreement. Each party shall provide the other party with the standard terms of use of such party’s Logo, and such party shall comply with such terms in all material respects. Both parties shall obtain approval from the other party prior to use of such party’s Logo. Notwithstanding the foregoing, the parties understand and agree that except
as provided herein neither party shall have any right, title or interest in the other party’s Logo. Upon
termination of this Agreement, each party shall immediately cease use of the other party’s Logo.
ADMINISTRATIVE FEE, REPORTING & PAYMENT
12.An “Administrative Fee” shall be defined and due to OMNIA Partners from Supplier
in the amount of __ percent (__%) (“Administrative Fee Percentage”) multiplied by the total purchase amount paid to Supplier, less refunds, credits on returns, rebates and discounts, for the sale of products and/or services to Principal Procurement Agency and Participating Public Agencies pursuant to the Master Agreement (as amended from time to time and including any renewal thereof)
(“Contract Sales”). From time to time the parties may mutually agree in writing to a lower
Administrative Fee Percentage for a specifically identified Participating Public Agency’s Contract Sales.
13.Supplier shall provide OMNIA Partners with an electronic accounting report monthly,
in the format prescribed by OMNIA Partners, summarizing all Contract Sales for each calendar
month. The Contract Sales reporting format is provided as Exhibit C (“Contract Sales Report”), attached hereto and incorporated herein by reference. Contract Sales Reports for each calendar month shall be provided by Supplier to OMNIA Partners by the 10th day of the following month. Failure to provide a Contract Sales Report within the time and manner specified herein shall constitute a material
breach of this Agreement and if not cured within thirty (30) days of written notice to Supplier shall
be deemed a cause for termination of the Master Agreement, at Principal Procurement Agency’s sole discretion, and/or this Agreement, at OMNIA Partners’ sole discretion.
14.Administrative Fee payments are to be paid by Supplier to OMNIA Partners at the
frequency and on the due date stated in Section 13, above, for Supplier’s submission of corresponding
Contract Sales Reports. Administrative Fee payments are to be made via Automated Clearing House (ACH) to the OMNIA Partners designated financial institution identified in Exhibit D. Failure to provide a payment of the Administrative Fee within the time and manner specified herein shall constitute a material breach of this Agreement and if not cured within thirty (30) days of written notice
to Supplier shall be deemed a cause for termination of the Master Agreement, at Principal
Procurement Agency’s sole discretion, and/or this Agreement, at OMNIA Partners’ sole discretion. All Administrative Fees not paid when due shall bear interest at a rate equal to the lesser of one and one-half percent (1 1/2%) per month or the maximum rate permitted by law until paid in full.
15.Supplier shall maintain an accounting of all purchases made by Participating Public
Agencies under the Master Agreement. OMNIA Partners, or its designee, in OMNIA Partners’ sole discretion, reserves the right to compare Participating Public Agency records with Contract Sales Reports submitted by Supplier for a period of four (4) years from the date OMNIA Partners receives such report. In addition, OMNIA Partners may engage a third party to conduct an independent audit
of Supplier’s monthly reports. In the event of such an audit, Supplier shall provide all materials
reasonably requested relating to such audit by OMNIA Partners at the location designated by OMNIA Partners. In the event an underreporting of Contract Sales and a resulting underpayment of
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Administrative Fees is revealed, OMNIA Partners will notify the Supplier in writing. Supplier will have thirty (30) days from the date of such notice to resolve the discrepancy to OMNIA Partners’
reasonable satisfaction, including payment of any Administrative Fees due and owing, together with
interest thereon in accordance with Section 13, and reimbursement of OMNIA Partners’ costs and expenses related to such audit. GENERAL PROVISIONS
16. This Agreement, the Master Agreement and the exhibits referenced herein supersede any and all other agreements, either oral or in writing, between the parties hereto with respect to the subject matter hereto and no other agreement, statement, or promise relating to the subject matter of this Agreement which is not contained or incorporated herein shall be valid or binding. In the event
of any conflict between the provisions of this Agreement and the Master Agreement, as between
OMNIA Partners and Supplier, the provisions of this Agreement shall prevail. 17. If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement or to recover any Administrative Fee and accrued interest, the prevailing party shall be
entitled to reasonable attorney’s fees and costs in addition to any other relief to which it may be
entitled. 18. This Agreement and OMNIA Partners’ rights and obligations hereunder may be assigned at OMNIA Partners’ sole discretion to an affiliate of OMNIA Partners, any purchaser of any
or all or substantially all of the assets of OMNIA Partners, or the successor entity as a result of a
merger, reorganization, consolidation, conversion or change of control, whether by operation of law or otherwise. Supplier may not assign its obligations hereunder without the prior written consent of OMNIA Partners.
19. All written communications given hereunder shall be delivered by first-class mail,
postage prepaid, or overnight delivery on receipt to the addresses as set forth below. A. OMNIA Partners:
OMNIA Partners
Attn: President 840 Crescent Centre Drive Suite 600 Franklin, TN 37067
B. Supplier: ____________________ ____________________ ____________________
____________________
20. If any provision of this Agreement shall be deemed to be, or shall in fact be, illegal, inoperative or unenforceable, the same shall not affect any other provision or provisions herein contained or render the same invalid, inoperative or unenforceable to any extent whatever, and this
Agreement will be construed by limiting or invalidating such provision to the minimum extent
necessary to make such provision valid, legal and enforceable.
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21. This Agreement may not be amended, changed, modified, or altered without the prior written consent of the parties hereto, and no provision of this Agreement may be discharged or
waived, except by a writing signed by the parties. A waiver of any particular provision will not be
deemed a waiver of any other provision, nor will a waiver given on one occasion be deemed to apply to any other occasion. 22. This Agreement shall inure to the benefit of and shall be binding upon OMNIA
Partners, the Supplier and any respective successor and assign thereto; subject, however, to the
limitations contained herein. 23. This Agreement will be construed under and governed by the laws of the State of Delaware, excluding its conflicts of law provisions and any action arising out of or related to this
Agreement shall be commenced solely and exclusively in the state or federal courts in Williamson
County Tennessee. 24. This Agreement may be executed in counterparts, each of which is an original but all of which, together, shall constitute but one and the same instrument. The exchange of copies of this
Agreement and of signature pages by facsimile, or by .pdf or similar electronic transmission, will constitute effective execution and delivery of this Agreement as to the parties and may be used in lieu of the original Agreement for all purposes. Signatures of the parties transmitted by facsimile, or by .pdf or similar electronic transmission, will be deemed to be their original signatures for any purpose whatsoever.
[INSERT SUPPLIER ENTITY NAME] NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE COMPANY, A DELAWARE
CORPORATION D/B/A OMNIA PARTNERS, PUBLIC SECTOR Signature Signature Sarah Vavra Name Name Sr. Vice President, Public Sector Contracting Title Title
Date Date
Exhibit C Master Intergovernmental Cooperative Purchasing Agreement, Example
MASTER INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT
This Master Intergovernmental Cooperative Purchasing Agreement (this “Agreement”) is entered into by and between those certain government agencies that execute a Principal Procurement Agency Certificate (“Principal Procurement Agencies”) with National Intergovernmental Purchasing Alliance Company, a Delaware corporation d/b/a OMNIA Partners, Public Sector and/or
Communities Program Management, LLC, a California limited liability company d/b/a U.S.
Communities (collectively, “OMNIA Partners”), in its capacity as the cooperative administrator, to be appended and made a part hereof and such other public agencies (“Participating Public Agencies”) who register to participate in the cooperative purchasing programs administered by OMNIA Partners and its affiliates and subsidiaries (collectively, the “OMNIA Partners Parties”)
by either registering on the OMNIA Partners website (www.omniapartners.com/publicsector or any
successor website), or by executing a copy of this Agreement.
RECITALS
WHEREAS, after a competitive solicitation and selection process by Principal Procurement Agencies, in compliance with their own policies, procedures, rules and regulations, a number of suppliers have entered into “Master Agreements” (herein so called) to provide a variety of goods, products and services (“Products”) to the applicable Principal Procurement Agency and the Participating Public Agencies;
WHEREAS, Master Agreements are made available by Principal Procurement Agencies through the OMNIA Partners Parties and provide that Participating Public Agencies may purchase Products on the same terms, conditions and pricing as the Principal Procurement Agency, subject to any applicable federal and/or local purchasing ordinances and the laws of the State of purchase; and
WHEREAS, in addition to Master Agreements, the OMNIA Partners Parties may from time to time offer Participating Public Agencies the opportunity to acquire Products through other group purchasing agreements.
NOW, THEREFORE, in consideration of the mutual promises contained in this Agreement, and of the mutual benefits to result, the parties hereby agree as follows:
1.Each party will facilitate the cooperative procurement of Products.
2.The Participating Public Agencies shall procure Products in accordance with and
subject to the relevant federal, state and local statutes, ordinances, rules and regulations that govern Participating Public Agency’s procurement practices. The Participating Public Agencies hereby acknowledge and agree that it is the intent of the parties that all provisions of this Agreement and that Principal Procurement Agencies’ participation in the program described herein comply with all
applicable laws, including but not limited to the requirements of 42 C.F.R. § 1001.952(j), as may be amended from time to time. The Participating Public Agencies further acknowledge and agree that they are solely responsible for their compliance with all applicable “safe harbor” regulations, including but not limited to any and all obligations to fully and accurately report discounts and incentives.
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3. The Participating Public Agency represents and warrants that the Participating Public
Agency is not a hospital or other healthcare provider and is not purchasing Products on behalf of a
hospital or healthcare provider; provided that the foregoing shall not prohibit Participating Public Agency from furnishing health care services so long as the furnishing of healthcare services is not in furtherance of a primary purpose of the Participating Public Agency.
4. The cooperative use of Master Agreements shall be in accordance with the terms and
conditions of the Master Agreements, except as modification of those terms and conditions is otherwise required by applicable federal, state or local law, policies or procedures. 5. The Principal Procurement Agencies will make available, upon reasonable request,
Master Agreement information which may assist in improving the procurement of Products by the
Participating Public Agencies. 6. The Participating Public Agency agrees the OMNIA Partners Parties may provide access to group purchasing organization (“GPO”) agreements directly or indirectly by enrolling the
Participating Public Agency in another GPO’s purchasing program, provided that the purchase of
Products through the OMNIA Partners Parties or any other GPO shall be at the Participating Public Agency’s sole discretion. 7. The Participating Public Agencies (each a “Procuring Party”) that procure Products
through any Master Agreement or GPO Product supply agreement (each a “GPO Contract”) will
make timely payments to the distributor, manufacturer or other vendor (collectively, “Supplier”) for Products received in accordance with the terms and conditions of the Master Agreement or GPO Contract, as applicable. Payment for Products and inspections and acceptance of Products ordered by the Procuring Party shall be the exclusive obligation of such Procuring Party. Disputes between
Procuring Party and any Supplier shall be resolved in accordance with the law and venue rules of the
State of purchase unless otherwise agreed to by the Procuring Party and Supplier. 8. The Procuring Party shall not use this Agreement as a method for obtaining additional concessions or reduced prices for purchase of similar products or services outside of the Master
Agreement. Master Agreements may be structured with not-to-exceed pricing, in which cases the
Supplier may offer the Procuring Party and the Procuring Party may accept lower pricing or additional concessions for purchase of Products through a Master Agreement. 9. The Procuring Party shall be responsible for the ordering of Products under this
Agreement. A non-procuring party shall not be liable in any fashion for any violation by a Procuring
Party, and, to the extent permitted by applicable law, the Procuring Party shall hold non-procuring party harmless from any liability that may arise from the acts or omissions of the Procuring Party. 10. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE OMNIA
PARTNERS PARTIES EXPRESSLY DISCLAIM ALL EXPRESS OR IMPLIED
REPRESENTATIONS AND WARRANTIES REGARDING ANY PRODUCT, MASTER AGREEMENT AND GPO CONTRACT. THE OMNIA PARTNERS PARTIES SHALL NOT BE LIABLE IN ANY WAY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR RELIANCE DAMAGES, EVEN IF THE OMNIA PARTNERS
PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, THE
PROCURING PARTY ACKNOWLEDGES AND AGREES THAT THE OMNIA PARTNERS PARTIES SHALL HAVE NO LIABILITY FOR ANY ACT OR OMISSION BY A SUPPLIER OR OTHER PARTY UNDER A MASTER AGREEMENT OR GPO CONTRACT.
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11. This Agreement shall remain in effect until termination by either party giving thirty
(30) days’ written notice to the other party. The provisions of Paragraphs 6 - 10 hereof shall survive
any such termination. 12. This Agreement shall take effect upon (i) execution of the Principal Procurement Agency Certificate, or (ii) registration on the OMNIA Partners website or the execution of this
Agreement by a Participating Public Agency, as applicable.
Participating Public Agency: OMNIA Partners, as the cooperative administrator on behalf of Principal Procurement Agencies:
NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE COMPANY COMMUNITIES PROGRAM MANAGEMENT, LLC
Authorized Signature Signature Sarah E. Vavra
Name Name Sr. Vice President, Public Sector Contracting
Title and Agency Name Title
Date Date
Exhibit D Principal Procurement Agency Certificate, Example
PRINCIPAL PROCUREMENT AGENCY CERTIFICATE In its capacity as a Principal Procurement Agency (as defined below) for National Intergovernmental Purchasing Alliance Company, a Delaware corporation d/b/a OMNIA Partners, Public Sector (“OMNIA Partners”), [PPA Name] agrees to pursue Master Agreements for Products as specified in the attached Exhibits to this Principal Procurement Agency Certificate. I hereby acknowledge, in my capacity as _____________ of and on behalf of [PPA Name] (“Principal Procurement Agency”), that I have read and hereby agree to the general terms and
conditions set forth in the attached Master Intergovernmental Cooperative Purchasing Agreement
regulating the use of the Master Agreements and purchase of Products that from time to time are made available by Principal Procurement Agencies to Participating Public Agencies nationwide through OMNIA Partners.
I understand that the purchase of one or more Products under the provisions of the Master
Intergovernmental Cooperative Purchasing Agreement is at the sole and complete discretion of the Participating Public Agency. Authorized Signature, [PPA Name]________
Signature Name
Title Date
Exhibit E Contract Sales Reporting Template
Contract Sales Report submitted electronically in Microsoft Excel:
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Exhibit F Federal Funds Certifications
FEDERAL CERTIFICATIONS ADDENDUM FOR AGREEMENT FUNDED BY U.S. FEDERAL GRANT
TO WHOM IT MAY CONCERN:
Participating Agencies may elect to use federal funds to purchase under the Master Agreement. This form should be completed and returned.
DEFINITIONS
Contract means a legal instrument by which a non–Federal entity purchases property or services needed to carry out the project or program under a Federal award. The term as used in this part does not include a legal instrument, even if the non–Federal entity considers it a contract, when the substance of the transaction meets the definition of a Federal award or subaward
Contractor means an entity that receives a contract as defined in Contract.
Cooperative agreement means a legal instrument of financial assistance between a Federal awarding agency or pass-through entity and a non–Federal entity that, consistent with 31 U.S.C. 6302–6305: (a)Is used to enter into a relationship the principal purpose of which is to transfer anything of value from the Federalawarding agency or pass-through entity to the non–Federal entity to carry out a public purpose authorized by a law ofthe United States (see 31 U.S.C. 6101(3)); and not to acquire property or services for the Federal government orpass-through entity's direct benefit or use;(b)Is distinguished from a grant in that it provides for substantial involvement between the Federal awarding agencyor pass-through entity and the non–Federal entity in carrying out the activity contemplated by the Federal award.(c) The term does not include:(1) A cooperative research and development agreement as defined in 15 U.S.C. 3710a; or(2)An agreement that provides only:(i) Direct United States Government cash assistance to an individual;(ii)A subsidy;(iii)A loan;(iv) A loan guarantee; or(v)Insurance.
Federal awarding agency means the Federal agency that provides a Federal award directly to a non–Federal entity
Federal award has the meaning, depending on the context, in either paragraph (a) or (b) of this section: (a)(1) The Federal financial assistance that a non–Federal entity receives directly from a Federal awarding agency or indirectly from a pass-through entity, as described in § 200.101 Applicability; or (2)The cost-reimbursement contract under the Federal Acquisition Regulations that a non–Federal entityreceives directly from a Federal awarding agency or indirectly from a pass-through entity, as described in §200.101 Applicability.(b)The instrument setting forth the terms and conditions. The instrument is the grant agreement, cooperativeagreement, other agreement for assistance covered in paragraph (b) of § 200.40 Federal financial assistance, or thecost-reimbursement contract awarded under the Federal Acquisition Regulations.(c)Federal award does not include other contracts that a Federal agency uses to buy goods or services from acontractor or a contract to operate Federal government owned, contractor operated facilities (GOCOs).(d) See also definitions of Federal financial assistance, grant agreement, and cooperative agreement.
Non–Federal entity means a state, local government, Indian tribe, institution of higher education (IHE), or nonprofit organization that carries out a Federal award as a recipient or subrecipient.
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Nonprofit organization means any corporation, trust, association, cooperative, or other organization, not including IHEs, that: (a)Is operated primarily for scientific, educational, service, charitable, or similar purposes in the public interest;(b) Is not organized primarily for profit; and(c)Uses net proceeds to maintain, improve, or expand the operations of the organization.
Obligations means, when used in connection with a non–Federal entity's utilization of funds under a Federal award, orders placed for property and services, contracts and subawards made, and similar transactions during a given period that require payment by the non–Federal entity during the same or a future period.
Pass-through entity means a non–Federal entity that provides a subaward to a subrecipient to carry out part of a Federal program.
Recipient means a non–Federal entity that receives a Federal award directly from a Federal awarding agency to carry out an activity under a Federal program. The term recipient does not include subrecipients.
Simplified acquisition threshold means the dollar amount below which a non–Federal entity may purchase property or services using small purchase methods. Non–Federal entities adopt small purchase procedures in order to expedite the purchase of items costing less than the simplified acquisition threshold. The simplified acquisition threshold is set by the Federal Acquisition Regulation at 48 CFR Subpart 2.1 (Definitions) and in accordance with 41 U.S.C. 1908. As of the publication of this part, the simplified acquisition threshold is $250,000, but this threshold is periodically adjusted for inflation. (Also see definition of § 200.67 Micro-purchase.)
Subaward means an award provided by a pass-through entity to a subrecipient for the subrecipient to carry out part of a Federal award received by the pass-through entity. It does not include payments to a contractor or payments to an individual that is a beneficiary of a Federal program. A subaward may be provided through any form of legal agreement, including an agreement that the pass-through entity considers a contract.
Subrecipient means a non–Federal entity that receives a subaward from a pass-through entity to carry out part of a Federal program; but does not include an individual that is a beneficiary of such program. A subrecipient may also be a recipient of other Federal awards directly from a Federal awarding agency.
Termination means the ending of a Federal award, in whole or in part at any time prior to the planned end of period of performance.
The following provisions may be required and apply when Participating Agency expends federal funds for any purchase resulting from this procurement process. Per FAR 52.204-24 and FAR 52.204-25, solicitations and resultant contracts shall contain the following provisions.
52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Oct 2020)
The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.
(a)Definitions. As used in this provision—Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements,reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
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(b)Prohibition.(1)Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232)prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to— (i)Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to thefacilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or (ii)Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility intoany user data or packets that such equipment transmits or otherwise handles.
(2)Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232)prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewinga contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or servicesas a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies tothe use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under aFederal contract. Nothing in the prohibition shall be construed to—(i)Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to thefacilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or (ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility intoany user data or packets that such equipment transmits or otherwise handles.(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM)(https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".(d)Representation. The Offeror represents that—(1)It □ will, □ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and (2)After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that—It □ does, □ does not use covered telecommunications equipment or services, or use any equipment, system, or servicethat uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section. (e)Disclosures.(1)Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representationin paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer. (i)For covered equipment—(A)The entity that produced the covered telecommunications equipment (include entity name, unique entityidentifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known); (B)A description of all covered telecommunications equipment offered (include brand; model number, such asOEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and (C)Explanation of the proposed use of covered telecommunications equipment and any factors relevant todetermining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision. (ii)For covered services—(A)If the service is related to item maintenance: A description of all covered telecommunications services offered(include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or (B)If not associated with maintenance, the Product Service Code (PSC) of the service being provided; andexplanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision. (2)Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in therepresentation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer: (i)For covered equipment—(A)The entity that produced the covered telecommunications equipment (include entity name, unique entityidentifier, CAGE code, and whether the entity was the OEM or a distributor, if known);
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(B)A description of all covered telecommunications equipment offered (include brand; model number, such asOEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and (C)Explanation of the proposed use of covered telecommunications equipment and any factors relevant todetermining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision. (ii)For covered services—(A)If the service is related to item maintenance: A description of all covered telecommunications services offered(include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or (B)If not associated with maintenance, the PSC of the service being provided; and explanation of the proposeduse of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.
52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Aug 2020).
(a)Definitions. As used in this clause—Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet). Covered foreign country means The People’s Republic of China. Covered telecommunications equipment or services means– (1)Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiaryor affiliate of such entities); (2)For the purpose of public safety, security of Government facilities, physical security surveillance of criticalinfrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities); (3)Telecommunications or video surveillance services provided by such entities or using such equipment; or(4)Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretaryof Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.
Critical technology means– (1)Defense articles or defense services included on the United States Munitions List set forth in the International Trafficin Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations; (2)Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export AdministrationRegulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled- (i)Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biologicalweapons proliferation, nuclear nonproliferation, or missile technology; or (ii)For reasons relating to regional stability or surreptitious listening;(3)Specially designed and prepared nuclear equipment, parts and components, materials, software, and technologycovered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities); (4)Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating toexport and import of nuclear equipment and material); (5)Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code,or part 73 of title 42 of such Code; or (6)Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of2018 (50 U.S.C. 4817). Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources. Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.
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Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high. Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.
(b)Prohibition.(1)Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232)prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. (2)Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232)prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewinga contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception atparagraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver describedin FAR 4.2104. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whetherthat use is in performance of work under a Federal contract.
(c)Exceptions. This clause does not prohibit contractors from providing—(1)A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements;or (2)Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data orpackets that such equipment transmits or otherwise handles.
(d) Reporting requirement.(1)In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essentialcomponent of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil. (2)The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause(i)Within one business day from the date of such identification or notification: the contract number; the ordernumber(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended. (ii)Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: any further availableinformation about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.
(e)Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e) and excludingparagraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items.
The following certifications and provisions may be required and apply when Participating Agency expends federal funds for any purchase resulting from this procurement process. Pursuant to 2 C.F.R. § 200.326, all contracts, including small purchases, awarded by the Participating Agency and the Participating Agency’s subcontractors shall contain the procurement provisions of
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Appendix II to Part 200, as applicable.
APPENDIX II TO 2 CFR PART 200
(A) Contracts for more than the simplified acquisition threshold currently set at $250,000, which is the inflation adjustedamount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council(Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instanceswhere contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate.
Pursuant to Federal Rule (A) above, when a Participating Agency expends federal funds, the Participating Agency reserves all rights and privileges under the applicable laws and regulations with respect to this procurement in the event of breach of contract by either party.
Does offeror agree? YES Initials of Authorized Representative of offeror
(B)Termination for cause and for convenience by the grantee or subgrantee including the manner by which it will beeffected and the basis for settlement. (All contracts in excess of $10,000)
Pursuant to Federal Rule (B) above, when a Participating Agency expends federal funds, the Participating Agency reserves the right to immediately terminate any agreement in excess of $10,000 resulting from this procurement process in the event of a breach or default of the agreement by Offeror as detailed in the terms of the contract.
Does offeror agree? YES Initials of Authorized Representative of offeror
(C)Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet thedefinition of “federally assisted construction contract” in 41 CFR Part 60-1.3 must include the equal opportunity clauseprovided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30CFR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending ExecutiveOrder 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office ofFederal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.”
Pursuant to Federal Rule (C) above, when a Participating Agency expends federal funds on any federally assisted construction contract, the equal opportunity clause is incorporated by reference herein.
Does offeror agree to abide by the above? YES Initials of Authorized Representative of offeror
(D)Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all primeconstruction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliancewith the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations(29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and AssistedConstruction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanicsat a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. Inaddition, contractors must be required to pay wages not less than once a week. The non-Federal entity must place acopy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decisionto 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 mustalso include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented byDepartment of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public WorkFinanced in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor orsubrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, orrepair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non -Federalentity must report all suspected or reported violations to the Federal awarding agency.Pursuant to Federal Rule (D) above, when a Participating Agency expends federal funds during the term of an award for allcontracts and subgrants for construction or repair, offeror will be in compliance with all applicable Davis-Bacon Act provisions.
Does offeror agree? YES Initials of Authorized Representative of offeror
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(E)Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded bythe non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include aprovision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFRPart 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic andlaborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissibleprovided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for allhours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to constructionwork and provide that no laborer or mechanic must be required to work in surroundings or under working conditionswhich are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies ormaterials or articles ordinarily available on the open market, or contracts for transportation or transmission ofintelligence.
Pursuant to Federal Rule (E) above, when a Participating Agency expends federal funds, offeror certifies that offeror will be in compliance with all applicable provisions of the Contract Work Hours and Safety Standards Act during the term of an award for all contracts by Participating Agency resulting from this procurement process.
Does offeror agree? YES Initials of Authorized Representative of offeror
(F)Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of “fundingagreement” under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a smallbusiness firm or nonprofit organization regarding the substitution of parties, assignment or performance ofexperimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient mustcomply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and SmallBusiness Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulationsissued by the awarding agency.
Pursuant to Federal Rule (F) above, when federal funds are expended by Participating Agency, the offeror certifies that during the term of an award for all contracts by Participating Agency resulting from this procurement process, the offeror agrees to comply with all applicable requirements as referenced in Federal Rule (F) above.
Does offeror agree? YES Initials of Authorized Representative of offeror
(G)Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), asamended—Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non -Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean AirAct (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251- 1387). Violationsmust be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency(EPA)
Pursuant to Federal Rule (G) above, when federal funds are expended by Participating Agency, the offeror certifies that during the term of an award for all contracts by Participating Agency member resulting from this procurement process, the offeror agrees to comply with all applicable requirements as referenced in Federal Rule (G) above.
Does offeror agree? YES Initials of Authorized Representative of offeror
(H) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220) must not bemade to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordancewith the Executive Office of the President Office of Management and Budget (OMB) guidelines at 2 CFR 180 thatimplement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235),“Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwiseexcluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than ExecutiveOrder 12549.
Pursuant to Federal Rule (H) above, when federal funds are expended by Participating Agency, the offeror certifies that during the term of an award for all contracts by Participating Agency resulting from this procurement process, the offeror certifies that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency. If at any time during the term of an award the offeror or its principals
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becomes debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency, the offeror will notify the Participating Agency.
Does offeror agree? YES Initials of Authorized Representative of offeror
(I)Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding $100,000must file the required certification. Each tier certifies to the tier above that it will not and has not used Federalappropriated funds to pay any person or organization for influencing or attempting to influence an officer or employeeof any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress inconnection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier mustalso disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award.Such disclosures are forwarded from tier to tier up to the non-Federal award.
Pursuant to Federal Rule (I) above, when federal funds are expended by Participating Agency, the offeror certifies that during the term and after the awarded term of an award for all contracts by Participating Agency resulting from this procurement process, the offeror certifies that it is in compliance with all applicable provisions of the Byrd Anti-Lobbying Amendment (31 U.S.C. 1352). The undersigned further certifies that: (1)No Federal appropriated funds have been paid or will be paid for on behalf of the undersigned, to any person for influencingor attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of congress,or an employee of a Member of Congress in connection with the awarding of a Federal contract, the making of a Federal grant,the making of a Federal loan, the entering into a cooperative agreement, and the extension, continuation, renewal, amendment,or modification of a Federal contract, grant, loan, or cooperative agreement.(2)If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing orattempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of congress,or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shallcomplete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying”, in accordance with its instructions.(3)The undersigned shall require that the language of this certification be included in the award documents for all coveredsub-awards exceeding $100,000 in Federal funds at all appropriate tiers and that all subrecipients shall certify and discloseaccordingly.
Does offeror agree? YES Initials of Authorized Representative of offeror
RECORD RETENTION REQUIREMENTS FOR CONTRACTS INVOLVING FEDERAL FUNDS
When federal funds are expended by Participating Agency for any contract resulting from this procurement process, offeror certifies that it will comply with the record retention requirements detailed in 2 CFR § 200.333. The offeror further certifies that offeror will retain all records as required by 2 CFR § 200.333 for a period of three years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed.
Does offeror agree? YES Initials of Authorized Representative of offeror
CERTIFICATION OF COMPLIANCE WITH THE ENERGY POLICY AND CONSERVATION ACT
When Participating Agency expends federal funds for any contract resulting from this procurement process, offeror certifies that it will comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. 6321 et seq.; 49 C.F.R. Part 18).
Does offeror agree? YES Initials of Authorized Representative of offeror
CERTIFICATION OF COMPLIANCE WITH BUY AMERICA PROVISIONS
To the extent purchases are made with Federal Highway Administration, Federal Railroad Administration, or Federal Transit Administration funds, offeror certifies that its products comply with all applicable provisions of the Buy America Act and agrees to provide such certification or applicable waiver with respect to specific products to any Participating Agency upon request. Purchases made in accordance with the Buy America Act must still follow the applicable procurement rules calling for free and open competition.
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Does offeror agree? YES Initials of Authorized Representative of offeror
CERTIFICATION OF ACCESS TO RECORDS – 2 C.F.R. § 200.336
Offeror agrees that the Inspector General of the Agency or any of their duly authorized representatives shall have access to any documents, papers, or other records of offeror that are pertinent to offeror’s discharge of its obligations under the Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to offeror’s personnel for the purpose of interview and discussion relating to such documents.
Does offeror agree? YES Initials of Authorized Representative of offeror
CERTIFICATION OF APPLICABILITY TO SUBCONTRACTORS
Offeror agrees that all contracts it awards pursuant to the Contract shall be bound by the foregoing terms and conditions.
Does offeror agree? YES Initials of Authorized Representative of offeror
Offeror agrees to comply with all federal, state, and local laws, rules, regulations and ordinances, as applicable. It is further acknowledged that offeror certifies compliance with all provisions, laws, acts, regulations, etc. as specifically noted above.
Offeror’s Name: ____________________________________________________________________________________________
Address, City, State, and Zip Code: _____________________________________________________________________________
Phone Number: __________________________________ Fax Number: ______________________________________
Printed Name and Title of Authorized Representative: _____________________________________________________________________
Email Address: ____________________________________________________________________________________________
Signature of Authorized Representative: ____________________________________Date: _____________________________
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FEMA SPECIAL CONDITIONS
Awarded Supplier(s) may need to respond to events and losses where products and services are needed for the immediate and initial response to emergency situations such as, but not limited to, water damage, fire damage, vandalism cleanup, biohazard cleanup, sewage decontamination, deodorization, and/or wind damage during a disaster or emergency situation. By submitting a bid, the Supplier is accepted these FEMA
Special Conditions required by the Federal Emergency Management Agency (FEMA).
“Contract” in the below pages under FEMA SPECIAL CONDITIONS is also referred to and defined as the “Master Agreement”.
“Contractor” in the below pages under FEMA SPECIAL CONDITIONS is also referred to and defined as
“Supplier” or “Awarded Supplier”.
Conflicts of Interest No employee, officer, or agent may participate in the selection, award, or administration of a contract supported by a FEMA award if he or she has a real or apparent conflict of interest. Such a conflict would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner,
or an organization which employs or is about to employ any of these parties, has a financial or other interest in or a tangible personal benefit from a firm considered for award. 2 C.F.R. § 200.318(c)(1); See also Standard Form 424D, ¶ 7; Standard Form 424B, ¶ 3. i. FEMA considers a “financial interest” to be the potential for gain or loss to the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of these parties as a result of the particular procurement. The prohibited financial interest may arise from ownership of certain financial
instruments or investments such as stock, bonds, or real estate, or from a salary, indebtedness, job offer, or similar interest that might be affected by the particular procurement. ii. FEMA considers an “apparent” conflict of interest to exist where an actual conflict does not exist, but where a reasonable person with knowledge of the relevant facts would question the impartiality of the employee, officer, or agent
participating in the procurement. c. Gifts. The officers, employees, and agents of the Participating Public Agency nor the Participating Public Agency (“NFE”) must neither solicit nor accept gratuities, favors, or
anything of monetary value from contractors or parties to subcontracts. However, NFE’s may set standards for situations in which the financial interest is de minimus, not substantial, or the gift is an unsolicited item of nominal value. 2 C.F.R. § 200.318(c)(1). d. Violations. The NFE’s written standards of conduct must provide for disciplinary actions to be applied for violations of such standards by officers, employees, or
agents of the NFE. 2 C.F.R. § 200.318(c)(1). For example, the penalty for a NFE’s employee may be dismissal, and the penalty for a contractor might be the termination of the contract.
Contractor Integrity
A contractor must have a satisfactory record of integrity and business ethics. Contractors that are debarred or suspended, as described in and subject to the debarment and suspension regulations implementing
Executive Order 12549, Debarment and Suspension (1986) and Executive Order 12689, Debarment and Suspension (1989) at 2 C.F.R. Part 180 and the Department of Homeland Security’s regulations at 2 C.F.R. Part 3000 (Non-procurement Debarment and Suspension), must be rejected and cannot receive contract awards at any level.
Public Policy A contractor must comply with the public policies of the Federal Government and state, local government, or tribal government. This includes, among other things, past and current compliance with the: a.Equal opportunity and nondiscrimination lawsb.Five affirmative steps described at 2 C.F.R. § 200.321(b) for all subcontracting under contracts supportedby FEMA financial assistance; and FEMA Procurement Guidance June 21, 2016 Page IV- 7c.Applicable prevailing wage laws, regulations, and executive orders
Affirmative Steps
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For any subcontracting opportunities, Contractor must take the following Affirmative steps: 1.Placing qualified small and minority businesses and women's business enterprises on solicitation
lists;
2.Assuring that small and minority businesses, and women's business enterprises are solicitedwhenever they are potential sources;
3.Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit
maximum participation by small and minority businesses, and women's business enterprises;
4.Establishing delivery schedules, where the requirement permits, which encourage participation bysmall and minority businesses, and women's business enterprises; and
5.Using the services and assistance, as appropriate, of such organizations as the Small BusinessAdministration and the Minority Business Development Agency of the Department of Commerce.
Prevailing Wage Requirements When applicable, the awarded Contractor (s) and any and all subcontractor(s) agree to comply with all laws regarding prevailing wage rates including the Davis-Bacon Act, applicable to this solicitation and/or Participating Public Agencies. The Participating Public Agency shall notify the Contractor of the applicable
pricing/prevailing wage rates and must apply any local wage rates requested. The Contractor and any subcontractor(s) shall comply with the prevailing wage rates set by the Participating Public Agency.
Federal Requirements If products and services are issued in response to an emergency or disaster recovery the items below, located in this FEMA Special Conditions section of the Federal Funds Certifications, are activated and
required when federal funding may be utilized.
2 C.F.R. § 200.326 and 2 C.F.R. Part 200, Appendix II, Required Contract Clauses
1.REMEDIES
a.Standard. Contracts for more than the simplified acquisition threshold, currently set at$250,000, must address administrative, contractual, or legal remedies in instances wherecontractors violate or breach contract terms, and provide for such sanctions and penaltiesas appropriate. See 2 C.F.R. Part 200, Appendix II(A).
b.Applicability. This requirement applies to all FEMA grant and cooperative agreementprograms.
2.TERMINATION FOR CAUSE AND CONVENIENCE
a.Standard. All contracts in excess of $10,000 must address termination for cause and forconvenience by the non-Federal entity, including the manner by which it will be effectedand the basis for settlement. See 2 C.F.R. Part 200, Appendix II(B).
b.Applicability. This requirement applies to all FEMA grant and cooperative agreement
programs.
3.EQUAL EMPLOYMENT OPPORTUNITY
When applicable:
a.Standard. Except as otherwise provided under 41 C.F.R. Part 60, all contracts that meet
the definition of “federally assisted construction contract” in 41 C.F.R.
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§ 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 Fed. Reg.
12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p.
339), as amended by Executive Order 11375, Amending Executive Order 11246 Relatingto Equal Employment Opportunity, and implementing regulations at 41C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal EmploymentOpportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix II(C).
b.Key Definitions.
i.Federally Assisted Construction Contract. The regulation at 41 C.F.R. § 60-
1.3 defines a “federally assisted construction contract” as any agreement ormodification thereof between any applicant and a person for construction work whichis paid for in whole or in part with funds obtained from the Government or borrowedon the credit of the Government pursuant to any Federal program involving a grant,
contract, loan, insurance, or guarantee, or undertaken pursuant to any Federalprogram involving such grant, contract, loan, insurance, or guarantee, or any
application or modification thereof approved by the Government for a grant, contract,loan, insurance, or guarantee under which the applicant itself participates in theconstruction work.
ii.Construction Work. The regulation at 41 C.F.R. § 60-1.3 defines “construction work”as the construction, rehabilitation, alteration, conversion, extension, demolition orrepair of buildings, highways, or other changes or improvements to real property,
including facilities providing utility services. The term also includes the supervision,inspection, and other onsite functions incidental to the actual construction.
c.Applicability. This requirement applies to all FEMA grant and cooperative agreementprograms.
d.Required Language. The regulation at 41 C.F.R. Part 60-1.4(b) requires the insertion ofthe following contract clause.
During the performance of this contract, the contractor agrees as follows:
(1)The contractor will not discriminate against any employee or applicant foremployment because of race, color, religion, sex, sexual orientation, gender identity, ornational origin. The contractor will take affirmative action to ensure that applicants areemployed, and that employees are treated during employment without regard to theirrace, color, religion, sex, sexual orientation, gender identity, or national origin. Suchaction shall include, but not be limited to the following:
Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
(2)The contractor will, in all solicitations or advertisements for employees placed by oron behalf of the contractor, state that all qualified applicants will receive consideration
for employment without regard to race, color, religion, sex, sexual orientation, genderidentity, or national origin.
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(3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired
about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee
who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other
employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish
information.
(4) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to
be provided advising the said labor union or workers' representatives of the contractor's commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
(5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
(6) The contractor will furnish all information and reports required by Executive Order
11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by
the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
(7) In the event of the contractor's noncompliance with the nondiscrimination clauses of
this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be
declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or
order of the Secretary of Labor, or as otherwise provided by law.
(8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or
purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the
administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:
Provided, however, that in the event a contractor becomes involved in, or is threatened
with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such
litigation to protect the interests of the United States.
The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted
construction work: Provided, That if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency,
instrumentality or subdivision of such government which does not participate in work on or under the contract.
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The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of
the agency's primary responsibility for securing compliance.
The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the
Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has
been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.
4.DAVIS-BACON ACT
a.Standard. All prime construction contracts in excess of $2,000 awarded by non- Federalentities 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 at 29 C.F.R. Part5 (Labor Standards Provisions Applicable to Contracts Covering Federally Financed and
Assisted Construction). See 2 C.F.R. Part 200, Appendix II(D). 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. Inaddition, contractors must be required to pay wages not less than once a week.
b.Applicability. The Davis-Bacon Act applies to the Emergency Management PreparednessGrant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal
Homeland Security Grant Program, Port Security Grant Program, and Transit Security GrantProgram.
c.Requirements. If applicable, the non-federal entity must do the following:
i.The non-Federal entity must place a copy of the current prevailing wagedetermination issued by the Department of Labor in each solicitation. The decisionto award a contract or subcontract must be conditioned upon the acceptance ofthe wage determination. The non-Federal entity must report all suspected orreported violations to the Federal awarding agency.
ii.Additionally, pursuant 2 C.F.R. Part 200, Appendix II(D), contracts subject to theDavis-Bacon Act, must also include a provision for compliance with the Copeland“Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Laborregulations at 29 C.F.R. Part 3 (Contractors and Subcontractors on PublicBuilding or Public Work Financed in Whole or in Part by Loans or Grants from theUnited States). The Copeland Anti- Kickback Act provides that each contractor orsubrecipient must be prohibited from inducing, by any means, any person
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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 FEMA. iii. Include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-
3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering
Federally Financed and Assisted Construction”).
Suggested Language. The following provides a sample contract clause:
Compliance with the Davis-Bacon Act.
a. All transactions regarding this contract shall be done in compliance with the Davis-Bacon Act (40 U.S.C. 3141- 3144, and 3146-3148) and the requirements of 29 C.F.R. pt. 5 as may be applicable. The contractor shall comply with 40 U.S.C. 3141-3144, and 3146-3148 and the requirements of 29 C.F.R. pt. 5 as applicable.
b. Contractors are 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.
c. Additionally, contractors are required to pay wages not less than once a week.
5. COPELAND ANTI-KICKBACK ACT
a. Standard. Recipient and subrecipient contracts must include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor
regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”).
b. Applicability. This requirement applies to all contracts for construction or repair work above $2,000 in situations where the Davis-Bacon Act also applies. It DOES NOT apply to the FEMA Public Assistance Program. c. Requirements. If applicable, the non-federal entity must include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations at 29 C.F.R. Part 3 (Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States). 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 FEMA. Additionally, in accordance with the regulation, each contractor and subcontractor must furnish each week a statement with respect to the wages paid each of its employees engaged in work covered by the Copeland Anti-Kickback Act and the Davis Bacon Act during the preceding weekly payroll period. The report shall be delivered by the contractor or subcontractor, within seven days after the regular payment date of the payroll period, to a representative of a Federal or State agency in charge at the site of the building or work. Sample Language. The following provides a sample contract clause:
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Compliance with the Copeland “Anti-Kickback” Act.
a.Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C.§ 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable,which are incorporated by reference into this contract.
b.Subcontracts. The contractor or subcontractor shall insert in anysubcontracts the clause above and such other clauses as FEMA mayby appropriate instructions require, and also a clause requiring thesubcontractors to include these clauses in any lower tier subcontracts.The prime contractor shall be responsible for the compliance by anysubcontractor or lower tier subcontractor with all of these contractclauses.
c.Breach. A breach of the contract clauses above may be grounds fortermination of the contract, and for debarment as a contractor andsubcontractor as provided in 29 C.F.R. §5.12.”
6.CONTRACT WORK HOURS AND SAFETY STANDARDS ACT
a. Standard. Where applicable (see 40 U.S.C. §§ 3701-3708), all contracts awarded by thenon-Federal entity in excess of $100,000 that involve the employment of mechanics orlaborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, assupplemented by Department of Labor regulations at 29 C.F.R. Part 5. See 2 C.F.R. Part200, Appendix II(E). Under 40 U.S.C. § 3702, each contractor must be required tocompute the wages of every mechanic and laborer on the basis of a standard work weekof 40 hours. Work in excess of the standard work week is permissible provided that theworker is compensated at a rate of not less than one and a half times the basic rate ofpay for all hours worked in excess of 40 hours in the work week. Further, no laborer ormechanic must be required to work in surroundings or under working conditions whichare unsanitary, hazardous, or dangerous.
b. Applicability. This requirement applies to all FEMA contracts awarded by the non- federalentity in excess of $100,000 under grant and cooperative agreement programs that involvethe employment of mechanics or laborers. It is applicable to construction work. Theserequirements do not apply to the purchase of supplies or materials or articles ordinarilyavailable on the open market, or contracts for transportation or transmission ofintelligence.
c. Suggested Language. The regulation at 29 C.F.R. § 5.5(b) provides contract clause
language concerning compliance with the Contract Work Hours and Safety StandardsAct. FEMA suggests including the following contract clause:
Compliance with the Contract Work Hours and Safety Standards Act.
(1)Overtime requirements. No contractor or subcontractor contracting for any part ofthe contract work which may require or involve the employment of laborers or mechanicsshall require or permit any such laborer or mechanic in any workweek in which he or sheis employed on such work to work in excess of forty hours in such workweek unless suchlaborer or mechanic receives compensation at a rate not less than one and one-halftimes the basic rate of pay for all hours worked in excess of forty hours in such workweek.
(2)Violation; liability for unpaid wages; liquidated damages. In the event of any violation
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of the clause set forth in paragraph (b)(1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards,
employed in violation of the clause set forth in paragraph (b)(1) of this section, in the sum of $27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (b)(1) of this section.
(3)Withholding for unpaid wages and liquidated damages. The Federal agency orloan/grant recipient shall upon its own action or upon written request of an authorizedrepresentative of the Department of Labor withhold or cause to be withheld, from anymoneys payable on account of work performed by the contractor or subcontractor under
any such contract or any other Federal contract with the same prime contractor, or anyother federally-assisted contract subject to the Contract Work Hours and Safety
Standards Act, which is held by the same prime contractor, such sums as may bedetermined to be necessary to satisfy any liabilities of such contractor or subcontractorfor unpaid wages and liquidated damages as provided in the clause set forth inparagraph (b)(2) of this section.
(4)Subcontracts. The contractor or subcontractor shall insert in any subcontracts theclauses set forth in paragraph (b)(1) through (4) of this section and also a clause requiringthe subcontractors to include these clauses in any lower tier subcontracts. The primecontractor shall be responsible for compliance by any subcontractor or lower tiersubcontractor with the clauses set forth in paragraphs (b)(1) through (4) of this section.
7.RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT
a. Standard. If the FEMA award meets the definition of “funding agreement” under 37C.F.R.§ 401.2(a) and the non-Federal entity wishes to enter into a contract with a small business
firm or nonprofit organization regarding the substitution of parties, assignment orperformance of experimental, developmental, or research work under that “fundingagreement,” the non- Federal entity must comply with the requirements of 37 C.F.R. Part401 (Rights to Inventions Made by Nonprofit Organizations and Small Business Firms
Under Government Grants, Contracts and Cooperative Agreements), and anyimplementing regulations issued by FEMA. See 2 C.F.R. Part 200, Appendix II(F).
b. Applicability. This requirement applies to “funding agreements,” but it DOES NOT applyto the Public Assistance, Hazard Mitigation Grant Program, Fire Management AssistanceGrant Program, Crisis Counseling Assistance and Training Grant Program, Disaster Case
Management Grant Program, and Federal Assistance to Individuals and Households –Other Needs Assistance Grant Program, as FEMA awards under these programs do not
meet the definition of “funding agreement.”
c. Funding Agreements Definition. The regulation at 37 C.F.R. § 401.2(a) defines “funding
agreement” as any contract, grant, or cooperative agreement entered into between anyFederal agency, other than the Tennessee Valley Authority, and any contractor for the
performance of experimental, developmental, or research work funded in whole or in partby the Federal government. This term also includes any assignment, substitution of
parties, or subcontract of any type entered into for the performance of experimental,developmental, or research work under a funding agreement as defined in the first
sentence of this paragraph.
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8.CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT
a. Standard. If applicable, contracts must contain a provision that requires the contractor toagree 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 Actas amended (33 U.S.C. §§ 1251-1387). Violations must be reported to FEMA and theRegional Office of the Environmental Protection Agency. See 2 C.F.R. Part 200,Appendix II(G).
b. Applicability. This requirement applies to contracts awarded by a non-federal entity of
amounts in excess of $150,000 under a federal grant.
c. Suggested Language. The following provides a sample contract clause.
Clean Air Act
1.The contractor agrees to comply with all applicable standards, orders orregulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C.§ 7401 et seq.
2.The contractor agrees to report each violation to the Participating PublicAgency and understands and agrees that the Participating Public Agencywill, in turn, report each violation as required to assure notification to the
Federal Emergency Management Agency, and the appropriateEnvironmental Protection Agency Regional Office.
3.The contractor agrees to include these requirements in each subcontractexceeding $150,000 financed in whole or in part with Federal assistance
provided by FEMA.
Federal Water Pollution Control Act
1.The contractor agrees to comply with all applicable standards, orders, orregulations issued pursuant to the Federal Water Pollution Control Act, asamended, 33 U.S.C. 1251 et seq.
2.The contractor agrees to report each violation to the Participating PublicAgency and understands and agrees that the Participating Public Agencywill, in turn, report each violation as required to assure notification to theFederal Emergency Management Agency, and the appropriateEnvironmental Protection Agency Regional Office.
3.The contractor agrees to include these requirements in each subcontractexceeding $150,000 financed in whole or in part with Federal assistanceprovided by FEMA.
9.DEBARMENT AND SUSPENSION
a. Standard. Non-Federal entities and contractors are subject to the debarment andsuspension regulations implementing Executive Order 12549, Debarment and
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Suspension (1986) and Executive Order 12689, Debarment and Suspension (1989) at 2 C.F.R. Part 180 and the Department of Homeland Security’s regulations at 2 C.F.R. Part3000 (Non-procurement Debarment and Suspension).
b. Applicability. This requirement applies to all FEMA grant and cooperative
agreement programs.
c. Requirements.
i.These regulations restrict awards, subawards, and contracts with certain partiesthat are debarred, suspended, or otherwise excluded from or ineligible forparticipation in Federal assistance programs and activities. See 2 C.F.R. Part 200,Appendix II(H); and 2 C.F.R. § 200.213. A contract award must not be made toparties listed in the SAM Exclusions. SAM Exclusions is the list maintained by theGeneral Services Administration that contains the names of parties debarred,suspended, or otherwise excluded by agencies, as well as parties declaredineligible under statutory or regulatory authority other than Executive Order 12549.SAM exclusions can be accessed at www.sam.gov. See 2 C.F.R. § 180.530.
ii.In general, an “excluded” party cannot receive a Federal grant award or a contractwithin the meaning of a “covered transaction,” to include subawards andsubcontracts. This includes parties that receive Federal funding indirectly, such
as contractors to recipients and subrecipients. The key to the exclusion is whetherthere is a “covered transaction,” which is any non-procurement transaction
(unless excepted) at either a “primary” or “secondary” tier. Although “coveredtransactions” do not include contracts awarded by the Federal Government forpurposes of the non-procurement common rule and DHS’s implementingregulations, it does include some contracts awarded by recipients and
subrecipients.
iii.Specifically, a covered transaction includes the following contracts for goods orservices:
1.The contract is awarded by a recipient or subrecipient in the amount of atleast $25,000.
2.The contract requires the approval of FEMA, regardless of amount.
3.The contract is for federally-required audit services.
4.A subcontract is also a covered transaction if it is awarded by thecontractor of a recipient or subrecipient and requires either the approval of
FEMA or is in excess of $25,000.
d. Suggested Language. The following provides a debarment and suspension clause. Itincorporates an optional method of verifying that contractors are not excluded or
disqualified.
Suspension and Debarment
(1)This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R.
pt. 3000. As such, the contractor is required to verify that none of the contractor’sprincipals (defined at 2 C.F.R. § 180.995) or its affiliates (defined at 2 C.F.R. §180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2
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C.F.R. § 180.935).
(2)The contractor must comply with 2 C.F.R. pt. 180, subpart C and2 C.F.R. pt. 3000,subpart C, and must include a requirement to comply with these regulations in anylower tier covered transaction it enters into.
(3)This certification is a material representation of fact relied upon by the Participating
Public Agency. If it is later determined that the contractor did not comply with 2C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remediesavailable to the Participating Public Agency, the Federal Government may pursueavailable remedies, including but not limited to suspension and/or debarment.
(4)The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt.180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and
throughout the period of any contract that may arise from this offer. The bidder orproposer further agrees to include a provision requiring such compliance in its
lower tier covered transactions.
10.BYRD ANTI-LOBBYING AMENDMENT
a. Standard. Each tier certifies to the tier above that it will not and has not used Federalappropriated 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 oremployee of Congress, or an employee of a Member of Congress in connection withobtaining any Federal contract, grant or any other award covered by 31 U.S.C. § 1352.FEMA’s regulation at 44 C.F.R. Part 18 implements the requirements of 31 U.S.C. § 1352
and provides, in Appendix A to Part 18, a copy of the certification that is required to becompleted by each entity as described in 31 U.S.C. § 1352. Each tier must also discloseany lobbying with non-Federal funds that takes place in connection with obtaining anyFederal award. Such disclosures are forwarded from tier to tier up to the Federalawarding agency.
b. Applicability. This requirement applies to all FEMA grant and cooperative agreementprograms. Contractors that apply or bid for a contract of $100,000 or more under a federalgrant must file the required certification. See 2 C.F.R. Part 200, Appendix II(I); 31 U.S.C.§1352; and 44 C.F.R. Part 18.
c. Suggested Language.
Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352 (as amended)
Contractors who apply or bid for an award of $100,000 or more shall file the required
certification. Each tier certifies to the tier above that it will not and has not used Federal
appropriated funds to pay any person or organization for influencing or attempting to
influence an officer or employee of any agency, a Member of Congress, officer or
employee of Congress, or an employee of a Member of Congress in connection with
obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352.
Each tier shall also disclose any lobbying with non-Federal funds that takes place in
connection with obtaining any Federal award. Such disclosures are forwarded from tier
to tier up to the recipient who in turn will forward the certification(s) to the awarding
agency.
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d. Required Certification. If applicable, contractors must sign and submit to the non-federal
entity the following certification.
APPENDIX A, 44 C.F.R. PART 18 – CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans, and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief, that:
1.No Federal appropriated funds have been paid or will be paid, by or on behalf of theundersigned, to any person for influencing or attempting to influence an officer oremployee of an agency, a Member of Congress, an officer or employee of Congress,or an employee of a Member of Congress in connection with the awarding of anyFederal contract, the making of any Federal grant, the making of any Federal loan,the entering into of any cooperative agreement, and the extension, continuation,renewal, amendment, or modification of any Federal contract, grant, loan, orcooperative agreement.
2.If any funds other than Federal appropriated funds have been paid or will be paid toany person for influencing or attempting to influence an officer or employee of anyagency, a Member of Congress, an officer or employee of Congress, or an employeeof a Member of Congress in connection with this Federal contract, grant, loan, orcooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.
3.The undersigned shall require that the language of this certification be included inthe award documents for all subawards at all tiers (including subcontracts,subgrants, and contracts under grants, loans, and cooperative agreements) and thatall subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
The Contractor, , certifies or affirms the truthfulness and
accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. Chap. 38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any.
Signature of Contractor’s Authorized Official
Name and Title of Contractor’s Authorized Official
Date
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11.PROCUREMENT OF RECOVERED MATERIALS
a. Standard. 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. See 2 C.F.R. Part
200, Appendix II(J); and 2 C.F.R. § 200.322.
b. Applicability. This requirement applies to all contracts awarded by a non- federal entity
under FEMA grant and cooperative agreement programs.
c. Requirements. The requirements of Section 6002 include procuring only itemsdesignated in guidelines of the EPA at 40 C.F.R. Part 247 that contain the highestpercentage of recovered materials practicable, consistent with maintaining a satisfactorylevel of competition, where the purchase price of the item exceeds$10,000 or the value of the quantity acquired by the preceding fiscal year exceeded$10,000; procuring solid waste management services in a manner that maximizes energyand resource recovery; and establishing an affirmative procurement program forprocurement of recovered materials identified in the EPA guidelines.
d. Suggested Language.
i.In the performance of this contract, the Contractor shall make maximum use ofproducts containing recovered materials that are EPA-designated items unlessthe product cannot be acquired—1.Competitively within a timeframe providing for compliance with the contract performanceschedule;2.Meeting contract performance requirements; or3.At a reasonable price.
ii.Information about this requirement, along with the list of EPA- designated items,is available at EPA’s Comprehensive Procurement Guidelines web site,https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program.
iii.The Contractor also agrees to comply with all other applicable requirements ofSection 6002 of the Solid Waste Disposal Act.”
12.ACCESS TO RECORDS
a. Standard. All recipients, subrecipients, successors, transferees, and assignees mustacknowledge and agree to comply with applicable provisions governing DHS access torecords, accounts, documents, information, facilities, and staff. Recipients must giveDHS/FEMA access to, and the right to examine and copy, records, accounts, and otherdocuments and sources of information related to the federal financial assistance awardand permit access to facilities, personnel, and other individuals and information as may benecessary, as required by DHS regulations and other applicable laws or programguidance. See DHS Standard Terms and Conditions: Version 8.1 (2018). Additionally,Section 1225 of the Disaster Recovery Reform Act of 2018 prohibits FEMA from providingreimbursement to any state, local, tribal, or territorial government, or private non-profit foractivities made pursuant to a contract that purports to prohibit audits or internal reviewsby the FEMA administrator or Comptroller General.
Access to Records. The following access to records requirements apply to this contract:
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i.The Contractor agrees to provide Participating Public Agency, the FEMA Administrator, the Comptroller General of the United States, or any of their
authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions.
ii.The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed.
iii. The Contractor agrees to provide the FEMA Administrator or his authorized
representatives access to construction or other work sites pertaining to the work being completed under the contract.
iv.In compliance with the Disaster Recovery Act of 2018, the Participating Public
Agency and the Contractor acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States.
13. CHANGES
a. Standard. To be eligible for FEMA assistance under the non-Federal entity’s FEMA grant or cooperative agreement, the cost of the change, modification, change order, or
constructive change must be allowable, allocable, within the scope of its grant or cooperative agreement, and reasonable for the completion of project scope.
b. Applicability. FEMA recommends, therefore, that a non-Federal entity include a changes clause in its contract that describes how, if at all, changes can be made by either party to alter the method, price, or schedule of the work without breaching the contract. The language of the clause may differ depending on the nature of the contract and the end-item procured.
14. DHS SEAL, LOGO, AND FLAGS a. Standard. Recipients must obtain permission prior to using the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials. See DHS Standard Terms and Conditions: Version 8.1 (2018).
b. Applicability. FEMA recommends that all non-Federal entities place in their contracts a provision that a contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre-approval.
c. “The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or
likenesses of DHS agency officials without specific FEMA pre-approval.
15. COMPLIANCE WITH FEDERAL LAW, REGULATIONS, AND EXECUTIVE ORDERS
a. Standard. The recipient and its contractors are required to comply with all Federal laws, regulations, and executive orders.
b. Applicability. FEMA recommends that all non-Federal entities place into their contracts an
acknowledgement that FEMA financial assistance will be used to fund the contract along with the requirement that the contractor will comply with all applicable Federal law, regulations, executive orders, and FEMA policies, procedures, and directives. c. “This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. The contractor will comply with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives.”
16. NO OBLIGATION BY FEDERAL GOVERNMENT a. Standard. FEMA is not a party to any transaction between the recipient and its contractor. FEMA is not subject to any obligations or liable to any party for any matter relating to the contract.
b. Applicability. FEMA recommends that the non-Federal entity include a provision in its contract that states that the Federal Government is not a party to the contract and is not subject to any obligations or liabilities to the non-Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. c. “The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non-Federal entity, contractor, or any other party pertaining to any matter resulting from the contract.” 17. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS a. Standard. Recipients must comply with the requirements of The False Claims Act (31 U.S.C. §§ 3729-3733) which prohibits the submission of false or
fraudulent claims for payment to the federal government. See DHS Standard Terms and Conditions: Version 8.1 (2018); and 31 U.S.C. §§ 3801-3812, which details the
administrative remedies for false claims and statements made. The non-Federal entity must include a provision in its contract that the contractor acknowledges that 31 U.S.C. Chap. 38
(Administrative Remedies for False Claims and Statements) applies to its actions pertaining to the contract.
b. Applicability. FEMA recommends that the non-Federal entity include a provision in its contract
that the contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to its actions pertaining to the contract. c. “The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False
Claims and Statements) applies to the Contractor’s actions pertaining to this contract.”
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Offeror agrees to comply with all terms and conditions outlined in the FEMA Special Conditions section of this solicitation. Offeror’s Name: ______________________________________________ Address, City, State, and Zip Code: _____________________________________________________________________________ Phone Number: ________________________ Fax Number: ______________________________ Printed Name and Title of Authorized Representative: ____________________________________________________________ Email Address: _____________________________________________
Signature of Authorized Representative: ____________________________________ Date: ________________________________
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Exhibit G New Jersey Business Compliance
NEW JERSEY BUSINESS COMPLIANCE
Suppliers intending to do business in the State of New Jersey must comply with policies and procedures required under New Jersey statues. All offerors submitting proposals must complete the following forms specific to the State of New Jersey. Completed forms should be submitted with the
offeror’s response to the IFB. Failure to complete the New Jersey packet will impact OMNIA
Partners’ ability to promote the Master Agreement in the State of New Jersey.
DOC #1 Ownership Disclosure Form
DOC #2 Non-Collusion Affidavit
DOC #3 Affirmative Action Affidavit
DOC #4 Political Contribution Disclosure Form
DOC #5 Stockholder Disclosure Certification
DOC #6 Certification of Non-Involvement in Prohibited Activities in Iran
DOC #7 New Jersey Business Registration Certificate
DOC #8 EEOAA Evidence
DOC #9 MacBride Principals Form
New Jersey suppliers are required to comply with the following New Jersey statutes when applicable:
•all anti-discrimination laws, including those contained in N.J.S.A. 10:2-1 through N.J.S.A.10:2-14, N.J.S.A. 10:5-1, and N.J.S.A. 10:5-31 through 10:5-38;
•Prevailing Wage Act, N.J.S.A. 34:11-56.26, for all contracts within the contemplation of the
Act;
•Public Works Contractor Registration Act, N.J.S.A. 34:11-56.26; and
•Bid and Performance Security, as required by the applicable municipal or state statutes.
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DOC #1
STATEMENT OF OWNERSHIP DISCLOSURE
N.J.S.A. 52:25-24.2 (P.L. 1977, c.33, as amended by P.L. 2016, c.43)
This statement shall be completed, certified to, and included with all bid and proposal submissions. Failure to submit the required information is cause for automatic rejection of the bid or proposal. Name of Organization:_____________________________________________________ Organization Address:_____________________________________________________ Part I Check the box that represents the type of business organization:
Sole Proprietorship (skip Parts II and III, execute certification in Part IV)
Non-Profit Corporation (skip Parts II and III, execute certification in Part IV)
For-Profit Corporation (any type) Limited Liability Company (LLC)
Partnership Limited Partnership Limited Liability Partnership (LLP)
Other (be specific): ______________________________________________
Part II
The list below contains the names and addresses of all stockholders in the
corporation who own 10 percent or more of its stock, of any class, or of all individual partners in the partnership who own a 10 percent or greater interest therein, or of all
members in the limited liability company who own a 10 percent or greater interest therein, as the case may be. (COMPLETE THE LIST BELOW IN THIS SECTION) OR
No one stockholder in the corporation owns 10 percent or more of its stock, of any
class, or no individual partner in the partnership owns a 10 percent or greater interest therein, or no member in the limited liability company owns a 10 percent or
greater interest therein, as the case may be. (SKIP TO PART IV)
(Please attach additional sheets if more space is needed):
Name of Individual or Business Entity Home Address (for Individuals) or Business Address
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Part III DISCLOSURE OF 10% OR GREATER OWNERSHIP IN THE STOCKHOLDERS, PARTNERS OR LLC MEMBERS LISTED IN PART II If a bidder has a direct or indirect parent entity which is publicly traded, and any person holds a 10 percent or greater beneficial interest in the publicly traded parent entity as of the last annual federal Security and Exchange Commission (SEC) or foreign equivalent
filing, ownership disclosure can be met by providing links to the website(s) containing the last annual filing(s) with the federal Securities and Exchange Commission (or foreign equivalent) that contain the name and address of each person holding a 10% or greater beneficial interest in the publicly traded parent entity, along with the relevant page numbers of the filing(s) that
contain the information on each such person. Attach additional sheets if more space is needed. Website (URL) containing the last annual SEC (or foreign equivalent) filing Page #’s
Please list the names and addresses of each stockholder, partner or member owning a 10 percent or greater interest in any corresponding corporation, partnership and/or limited liability company (LLC) listed in Part II other than for any publicly traded parent entities referenced above. The disclosure shall be continued until names and addresses of every
noncorporate stockholder, and individual partner, and member exceeding the 10 percent ownership criteria established pursuant to N.J.S.A. 52:25-24.2 has been listed. Attach additional sheets if more space is needed.
Stockholder/Partner/Member and Corresponding
Entity Listed in Part II
Home Address (for Individuals) or Business Address
Part IV Certification
I, being duly sworn upon my oath, hereby represent that the foregoing information and any attachments thereto to the best of my knowledge are true and complete. I acknowledge: that I am authorized to execute this certification on behalf of the bidder/proposer; that the <name of contracting unit> is relying on the information contained herein and that I am under a continuing obligation from the date of this certification through the completion of any contracts with <type of contracting unit> to notify the <type of contracting unit> in writing of any changes to the information contained herein; that I am aware that it is a criminal offense to make a false statement or misrepresentation in this certification, and if I do so, I am subject to criminal prosecution under the law and that it will constitute a material breach of my agreement(s) with the, permitting the <type of
contracting unit> to declare any contract(s) resulting from this certification void and unenforceable.
Full Name (Print): Title:
Signature: Date:
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DOC #2
NON-COLLUSION AFFIDAVIT
STANDARD BID DOCUMENT REFERENCE
Reference: VII-H
Name of Form: NON-COLLUSION AFFIDAVIT
Statutory Reference: No specific statutory reference
State Statutory Reference N.J.S.A. 52:34-15
Instructions Reference: Statutory and Other Requirements VII-H
Description:
The Owner’s use of this form is optional. It is used to ensure that
the bidder has not participated in any collusion with any other bidder or Owner representative or otherwise taken any action in restraint of free and competitive bidding.
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NON-COLLUSION AFFIDAVIT
State of New Jersey County of _________________ ss:
I, ________________________________ residing in ___________________________________ (name of affiant) (name of municipality) in the County of _______________________________ and State of _____________________of full
age, being duly sworn according to law on my oath depose and say that:
I am _____________________________________ of the firm of _________________________
(title or position) (name of firm)
_____________________________________ the bidder making this Proposal for the bid
entitled ______________________________, and that I executed the said proposal with
(title of bid proposal) full authority to do so that said bidder has not, directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free, competitive bidding in connection with the above named project; and that all statements contained in said proposal and in this affidavit are true and correct, and made with full knowledge that the ______________ _________________________relies upon the truth of the statements contained in said Proposal
(name of contracting unit) and in the statements contained in this affidavit in awarding the contract for the said project.
I further warrant that no person or selling agency has been employed or retained to solicit or secure such
contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, except bona fide employees or bona fide established commercial or selling agencies maintained by _________________________________________________.
Subscribed and sworn to
before me this day _____________________________ Signature
________________, 2____ ___________________________________ (Type or print name of affiant under signature) _____________________________
Notary public of
My Commission expires _______________
(Seal)
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DOC #3
AFFIRMATIVE ACTION AFFIDAVIT (P.L. 1975, C.127)
Company Name:
Street:
City, State, Zip Code:
Proposal Certification:
Indicate below company’s compliance with New Jersey Affirmative Action regulations. Company’s
proposal will be accepted even if company is not in compliance at this time. No contract and/or
purchase order may be issued, however, until all Affirmative Action requirements are met.
Required Affirmative Action Evidence:
Procurement, Professional & Service Contracts (Exhibit A)
Vendors must submit with proposal:
1.A photocopy of a valid letter that the contractor is operating under an existing Federallyapproved or sanctioned affirmative action program (good for one year from the date of the
letter);
OR
2.A photocopy of a Certificate of Employee Information Report approval, issued in
accordance with N.J.A.C. 17:27-4;
OR
3.A photocopy of an Employee Information Report (Form AA302) provided by the Division
of Contract Compliance and Equal Employment Opportunity in Public Contracts and
distributed to the public agency to be completed by the contractor in accordance withN.J.A.C. 17:27-4.
Public Work – Over $50,000 Total Project Cost:
A.No approved Federal or New Jersey Affirmative Action Plan. We will complete Report FormAA201. A project contract ID number will be assigned to your firm upon receipt of thecompleted Initial Project Workforce Report (AA201) for this contract.
B.Approved Federal or New Jersey Plan – certificate enclosed
I further certify that the statements and information contained herein, are complete and correct to the best of my knowledge and belief.
_______________________ _________________________________
Date Authorized Signature and Title
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DOC #3, continued
P.L. 1995, c. 127 (N.J.A.C. 17:27) MANDATORY AFFIRMATIVE ACTION LANGUAGE
PROCUREMENT, PROFESSIONAL AND SERVICE CONTRACTS During the performance of this contract, the contractor agrees as follows:
The contractor or subcontractor, where applicable, will not discriminate against any employee or applicant for employment because of age, race, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation. The contractor will take affirmative action to ensure that such applicants are recruited and employed, and that employees are treated during employment, without regard to their age, race, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Public Agency Compliance Officer setting forth provisions of this non-discrimination clause.
The contractor or subcontractor, where applicable will, in all solicitations or advertisement for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to age, race, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation.
The contractor or subcontractor, where applicable, will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer advising the labor union or workers' representative of the contractor's commitments under this act and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
The contractor or subcontractor, where applicable, agrees to comply with any regulations promulgated by the Treasurer pursuant to P.L. 1975, c. 127, as amended and supplemented from time to time and the Americans with Disabilities Act.
The contractor or subcontractor agrees to attempt in good faith to employ minority and female workers trade consistent with the applicable county employment goal prescribed by N.J.A.C. 17:27-5.2 promulgated by the Treasurer pursuant to P.L. 1975, C.127, as amended and supplemented from time to time or in accordance with a binding determination of the applicable county employment goals determined by the Affirmative Action Office pursuant to N.J.A.C. 17:27-5.2 promulgated by the Treasurer pursuant to P.L. 1975, C.127, as amended and supplemented from time to time.
The contractor or subcontractor agrees to inform in writing appropriate recruitment agencies in the area, including employment agencies, placement bureaus, colleges, universities, labor unions, that it does not discriminate on the basis of age, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation, and that it will discontinue the use of any recruitment agency which engages in direct or indirect discriminatory practices.
The contractor or subcontractor agrees to revise any of it testing procedures, if necessary, to assure that all personnel testing conforms with the principles of job-related testing, as established by the statutes and court decisions of the state of New Jersey and as established by applicable Federal law and applicable Federal court decisions.
The contractor or subcontractor agrees to review all procedures relating to transfer, upgrading, downgrading and lay-off to ensure that all such actions are taken without regard to age, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation, and conform with the applicable employment goals, consistent with the statutes and court decisions of the State of New Jersey, and applicable Federal law and applicable Federal court decisions.
The contractor and its subcontractors shall furnish such reports or other documents to the Affirmative Action Office as may be requested by the office from time to time in order to carry out the purposes of these regulations, and public agencies shall furnish such information as may be requested by the Affirmative Action Office for conducting a compliance investigation pursuant to Subchapter 10 of the Administrative Code (NJAC 17:27).
________________________________________________ Signature of Procurement Agent
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DOC #4
C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM
Public Agency Instructions
This page provides guidance to public agencies entering into contracts with business entities that are required to file Political Contribution Disclosure forms with the agency. It is not intended to be provided to contractors. What follows are instructions on the use of form local units can provide to contractors that are required to disclose political contributions pursuant to N.J.S.A. 19:44A-20.26 (P.L. 2005, c. 271, s.2). Additional information on the process is available in Local Finance Notice 2006-1 (http://www.nj.gov/dca/divisions/dlgs/resources/lfns_2006.html). Please refer back to these instructions for the appropriate links, as the Local Finance Notices include links that are no longer operational.
1.The disclosure is required for all contracts in excess of $17,500 that are not awarded pursuant to a “fair and open”process (N.J.S.A. 19:44A-20.7).
2.Due to the potential length of some contractor submissions, the public agency should consider allowing data to besubmitted in electronic form (i.e., spreadsheet, pdf file, etc.). Submissions must be kept with the contract documentsor in an appropriate computer file and be available for public access. The form is worded to accept this alternatesubmission. The text should be amended if electronic submission will not be allowed.
3.The submission must be received from the contractor and on file at least 10 days prior to award of the contract.Resolutions of award should reflect that the disclosure has been received and is on file.
4.The contractor must disclose contributions made to candidate and party committees covering a wide range of publicagencies, including all public agencies that have elected officials in the county of the public agency, state legislativepositions, and various state entities. The Division of Local Government Services recommends that contractors beprovided a list of the affected agencies. This will assist contractors in determining the campaign and politicalcommittees of the officials and candidates affected by the disclosure.
a.The Division has prepared model disclosure forms for each county. They can be downloaded from the “CountyPCD Forms” link on the Pay-to-Play web site at http://www.nj.gov/dca/divisions/dlgs/programs/lpcl.html#12.They will be updated from time-to-time as necessary.b.A public agency using these forms should edit them to properly reflect the correct legislative district(s). Asthe forms are county-based, they list all legislative districts in each county. Districts that do not representthe public agency should be removed from the lists.c.Some contractors may find it easier to provide a single list that covers all contributions, regardless of the county.These submissions are appropriate and should be accepted.d.The form may be used “as-is”, subject to edits as described herein.e.The “Contractor Instructions” sheet is intended to be provided with the form. It is recommended that theInstructions and the form be printed on the same piece of paper. The form notes that the Instructions are printedon the back of the form; where that is not the case, the text should be edited accordingly.f.The form is a Word document and can be edited to meet local needs, and posted for download on web sites, usedas an e-mail attachment, or provided as a printed document.
5.It is recommended that the contractor also complete a “Stockholder Disclosure Certification.” This will assist thelocal unit in its obligation to ensure that contractor did not make any prohibited contributions to the committees listedon the Business Entity Disclosure Certification in the 12 months prior to the contract (See Local Finance Notice2006-7 for additional information on this obligation athttp://www.nj.gov/dca/divisions/dlgs/resources/lfns_2006.html). A sample Certification form is part of this packageand the instruction to complete it is included in the Contractor Instructions. NOTE: This section is not applicable toBoards of Education.
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DOC #4, continued
C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM
Contractor Instructions
Business entities (contractors) receiving contracts from a public agency that are NOT awarded pursuant to a “fair and open” process (defined at N.J.S.A. 19:44A-20.7) are subject to the provisions of P.L. 2005, c. 271, s.2 (N.J.S.A. 19:44A-20.26). This law provides that 10 days prior to the award of such a contract, the contractor shall disclose contributions to:
•any State, county, or municipal committee of a political party
•any legislative leadership committee*
•any continuing political committee (a.k.a., political action committee)
•any candidate committee of a candidate for, or holder of, an elective office:o of the public entity awarding the contract
o of that county in which that public entity is locatedoof another public entity within that countyoor of a legislative district in which that public entity is located or, when the public entity is a county, ofany legislative district which includes all or part of the county
The disclosure must list reportable contributions to any of the committees that exceed $300 per election cycle that were made during the 12 months prior to award of the contract. See N.J.S.A. 19:44A-8 and 19:44A-16 for more details on reportable contributions.
N.J.S.A. 19:44A-20.26 itemizes the parties from whom contributions must be disclosed when a business entity is not a natural person. This includes the following:
•individuals with an “interest” ownership or control of more than 10% of the profits or assets of a business entityor 10% of the stock in the case of a business entity that is a corporation for profit
•all principals, partners, officers, or directors of the business entity or their spouses
•any subsidiaries directly or indirectly controlled by the business entity
•IRS Code Section 527 New Jersey based organizations, directly or indirectly controlled by the business entityand filing as continuing political committees, (PACs).
When the business entity is a natural person, “a contribution by that person’s spouse or child, residing therewith, shall be
deemed to be a contribution by the business entity.” [N.J.S.A. 19:44A-20.26(b)] The contributor must be listed on the disclosure.
Any business entity that fails to comply with the disclosure provisions shall be subject to a fine imposed by ELEC in an amount to be determined by the Commission which may be based upon the amount that the business entity failed to report.
The enclosed list of agencies is provided to assist the contractor in identifying those public agencies whose elected official and/or candidate campaign committees are affected by the disclosure requirement. It is the contractor’s responsibility to identify the specific committees to which contributions may have been made and need to be disclosed. The disclosed information may exceed the minimum requirement.
The enclosed form, a content-consistent facsimile, or an electronic data file containing the required details (along with a
signed cover sheet) may be used as the contractor’s submission and is disclosable to the public under the Open Public Records Act.
The contractor must also complete the attached Stockholder Disclosure Certification. This will assist the agency in meeting its obligations under the law. NOTE: This section does not apply to Board of Education contracts.
*N.J.S.A. 19:44A-3(s): “The term "legislative leadership committee" means a committee established, authorized to beestablished, or designated by the President of the Senate, the Minority Leader of the Senate, the Speaker of the General
Assembly or the Minority Leader of the General Assembly pursuant to section 16 of P.L.1993, c.65 (C.19:44A-10.1) forthe purpose of receiving contributions and making expenditures.”
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DOC #4, continued C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM
Required Pursuant to N.J.S.A. 19:44A-20.26
This form or its permitted facsimile must be submitted to the local unit
no later than 10 days prior to the award of the contract.
Part I – Vendor Information
Vendor Name:
Address: City: State: Zip: The undersigned being authorized to certify, hereby certifies that the submission provided herein represents
compliance with the provisions of N.J.S.A. 19:44A-20.26 and as represented by the Instructions accompanying this form.
_______________________ _______________________ ________________________ Signature Printed Name Title
Part II – Contribution Disclosure
Disclosure requirement: Pursuant to N.J.S.A. 19:44A-20.26 this disclosure must include all reportable political contributions (more than $300 per election cycle) over the 12 months prior to submission to the committees of the government entities listed on the form provided by the local unit.
Check here if disclosure is provided in electronic form
Contributor Name Recipient Name Date Dollar Amount $
Check here if the information is continued on subsequent page(s)
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DOC #4, continued
List of Agencies with Elected Officials Required for Political Contribution Disclosure N.J.S.A. 19:44A-20.26 County Name:
State: Governor, and Legislative Leadership Committees Legislative District #s: State Senator and two members of the General Assembly per district. County: Freeholders County Clerk Sheriff
{County Executive} Surrogate Municipalities (Mayor and members of governing body, regardless of title):
USERS SHOULD CREATE THEIR OWN FORM, OR DOWNLOAD
FROM THE PAY TO PLAY SECTION OF THE DLGS WEBSITE A
COUNTY-BASED, CUSTOMIZABLE FORM.
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DOC #5
STOCKHOLDER DISCLOSURE CERTIFICATION
Name of Business:
I certify that the list below contains the names and home addresses of all stockholders
holding 10% or more of the issued and outstanding stock of the undersigned.OR
I certify that no one stockholder owns 10% or more of the issued and outstanding stock of
the undersigned.
Check the box that represents the type of business organization:
Partnership Corporation Sole Proprietorship
Limited Partnership Limited Liability Corporation Limited Liability Partnership
Subchapter S Corporation
Sign and notarize the form below, and, if necessary, complete the stockholder list below.
Stockholders:
Name: Name:
Home Address: Home Address:
Name: Name:
Home Address: Home Address:
Name: Name:
Home Address: Home Address:
Subscribed and sworn before me this ___ day of ___________, 2__.
(Notary Public)
My Commission expires:
_________________________________ (Affiant)
________________________________ (Print name & title of affiant)
(Corporate Seal)
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DOC #6
Certification of Non-Involvement in Prohibited Activities in Iran
Pursuant to N.J.S.A. 52:32-58, Offerors must certify that neither the Offeror, nor any of its parents,
subsidiaries, and/or affiliates (as defined in N.J.S.A. 52:32 – 56(e) (3)), is listed on the Department of the Treasury’s List of Persons or Entities Engaging in Prohibited Investment Activities in Iran and that neither is involved in any of the investment activities set forth in N.J.S.A. 52:32 – 56(f). Offerors wishing to do business in New Jersey through this contract must fill out the Certification of
Non-Involvement in Prohibited Activities in Iran here: http://www.state.nj.us/humanservices/dfd/info/standard/fdc/disclosure_investmentact.pdf. Offerors should submit the above form completed with their proposal.
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DOC #7
NEW JERSEY BUSINESS REGISTRATION CERTIFICATE (N.J.S.A. 52:32-44)
Offerors wishing to do business in New Jersey must submit their State Division of Revenue issued Business Registration Certificate with their proposal here. Failure to do so will disqualify the Offeror from offering products or services in New Jersey through any resulting contract.
https://www.njportal.com/DOR/BusinessRegistration/
DOC #8
EEOAA EVIDENCE
Equal Employment Opportunity/Affirmative Action
Goods, Professional Services & General Service Projects
EEO/AA Evidence
Vendors are required to submit evidence of compliance with N.J.S.A. 10:5-31 et seq. and
N.J.A.C. 17:27 in order to be considered a responsible vendor.
One of the following must be included with submission:
• Copy of Letter of Federal Approval
• Certificate of Employee Information Report
• Fully Executed Form AA302
• Fully Executed EEO-1 Report
See the guidelines at:
https://www.state.nj.us/treasury/contract_compliance/documents/pdf/guidelines/pa.pdf
for further information.
I certify that my bid package includes the required evidence per the above list and
State website.
Name: ______________________________ Title: _____________________
Signature: ___________________________ Date: _____________________
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CERTIFICATION
I, the undersigned, certify that I am authorized to execute this certification on behalf of the Vendor/Bidder, that the foregoing information and any attachments hereto, to the best of my knowledge are true and complete. I acknowledge that the State of New Jersey is relying on the information contained herein, and that the Vendor/Bidder is under a continuing obligation from the date of this certification through the completion of any contract(s) with the State to notify the State in writing of any changes to the information contained herein; that I am aware that it is a criminal offense to make a false statement or misrepresentation in this certification. If I do so, I will be subject to criminal prosecution under the law, and it will constitute a material breach of my agreement(s) with the State, permitting the State to declare any contract(s) resulting from this certification to be void and unenforceable.
DOC #9 MACBRIDE-PRINCIPLES
MACBRIDE PRINCIPALS FORM
_____________________
VENDOR’S/BIDDER’S REQUIREMENT TO PROVIDE A CERTIFICATION IN COMPLIANCE WITH THE MACBRIDE PRINCIPALS AND NORTHERN IRELAND ACT OF 1989
Pursuant to Public Law 1995, c. 134, a responsible Vendor/Bidder selected, after public bidding, by the Director
of the Division of Purchase and Property, pursuant to N.J.S.A. 52:34-12, must complete the certification below by
checking one of the two options listed below and signing where indicated. If a Vendor/Bidder that would otherwise be awarded a purchase, contract or agreement does not complete the certification, then the Director may determine, in accordance with applicable law and rules, that it is in the best interest of the State to award the purchase, contract or agreement to another Vendor/Bidder that has completed the certification and has submitted a bid within five (5) percent of the most advantageous bid. If the Director finds contractors to be in violation of the principals that are
the subject of this law, he/she shall take such action as may be appropriate and provided by law, rule or contract, including but not limited to, imposing sanctions, seeking compliance, recovering damages, declaring the party in default and seeking debarment or suspension of the party.
I, the undersigned, on behalf the Vendor/Bidder, certify pursuant to N.J.S.A. 52:34-12.2 that:
CHECK THE APPROPRIATE BOX
The Vendor/Bidder has no business operations in Northern Ireland; or
OR The Vendor/Bidder will take lawful steps in good faith to conduct any business operations it has in Northern Ireland
in accordance with the MacBride principals of nondiscrimination in employment as set forth in section 2 of P.L. 1987, c. 177 (N.J.S.A. 52:18A-89.5) and in conformance with the United Kingdom’s Fair Employment (Northern Ireland)Act of 1989, and permit independent monitoring of its compliance with those principals.
Signature Date
Print Name and Title
STATE OF NEW JERSEY DEPARTMENT OF THE TREASURY DIVISION OF PURCHASE AND PROPERTY
33 WEST STATE STREET, P.O. BOX 230 TRENTON, NEW JERSEY 08625-0230
BID SOLICITATION #:VENDOR/BIDDER:
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Exhibit H Advertising Compliance Requirement
Pursuant to certain state notice provisions, including but not limited to Oregon Revised Statutes Chapter 279A.210, Chapter 279A.220, and other related provisions, the following public agencies and political subdivisions of the referenced public agencies are eligible to register with OMNIA Partners and access the Master Agreement contract award made pursuant to this solicitation, and are hereby given notice of the foregoing request for bids for purposes of complying with the procedural requirements of said statutes: Nationwide: State of Alabama State of Hawaii Commonwealth of
Massachusetts
State of New Mexico State of South
Dakota State of Alaska State of Idaho State of Michigan State of New York State of Tennessee State of Arizona State of Illinois State of Minnesota State of North Carolina State of Texas State of Arkansas State of Indiana State of Mississippi State of North Dakota State of Utah
State of California State of Iowa State of Missouri State of Ohio State of Vermont
State of Colorado State of Kansas State of Montana State of Oklahoma Commonwealth of Virginia
State of Connecticut Commonwealth of Kentucky State of Nebraska State of Oregon State of Washington
State of Delaware State of Louisiana State of Nevada Commonwealth of Pennsylvania State of West Virginia State of Florida State of Maine State of New Hampshire State of Rhode Island State of Wisconsin State of Georgia State of Maryland State of New Jersey State of South Carolina State of Wyoming District of Columbia
Lists of political subdivisions and local governments in the above referenced states / districts may be found at http://www.usa.gov/Agencies/State_and_Territories.shtml and https://www.usa.gov/local-governments. Certain Public Agencies and Political Subdivisions: CITIES, TOWNS, VILLAGES AND BOROUGHS INCLUDING BUT NOT LIMITED TO: BAKER CITY GOLF COURSE, OR CITY OF ADAIR VILLAGE, OR CITY OF ASHLAND, OR CITY OF AUMSVILLE, OR CITY OF AURORA, OR CITY OF BAKER, OR CITY OF BATON ROUGE, LA CITY OF BEAVERTON, OR
CITY OF BEND, OR CITY OF BOARDMAN, OR CITY OF BONANAZA, OR CITY OF BOSSIER CITY, LA CITY OF BROOKINGS, OR CITY OF BURNS, OR CITY OF CANBY, OR CITY OF CANYONVILLE, OR CITY OF CLATSKANIE, OR CITY OF COBURG, OR CITY OF CONDON, OR CITY OF COQUILLE, OR CITY OF CORVALLI, OR CITY OF CORVALLIS PARKS AND RECREATION DEPARTMENT, OR CITY OF COTTAGE GROVE, OR CITY OF DONALD, OR CITY OF EUGENE, OR CITY OF FOREST GROVE, OR CITY OF GOLD HILL, OR CITY OF GRANTS PASS, OR CITY OF GRESHAM, OR CITY OF HILLSBORO, OR CITY OF INDEPENDENCE, OR
CITY AND COUNTY OF HONOLULU, HI CITY OF KENNER, LA CITY OF LA GRANDE, OR CITY OF LAFAYETTE, LA CITY OF LAKE CHARLES, OR CITY OF LEBANON, OR CITY OF MCMINNVILLE, OR CITY OF MEDFORD, OR CITY OF METAIRIE, LA CITY OF MILL CITY, OR CITY OF MILWAUKIE, OR CITY OF MONROE, LA CITY OF MOSIER, OR CITY OF NEW ORLEANS, LA CITY OF NORTH PLAINS, OR CITY OF OREGON CITY, OR CITY OF PILOT ROCK, OR CITY OF PORTLAND, OR CITY OF POWERS, OR CITY OF PRINEVILLE, OR CITY OF REDMOND, OR CITY OF REEDSPORT, OR CITY OF RIDDLE, OR CITY OF ROGUE RIVER, OR CITY OF ROSEBURG, OR CITY OF SALEM, OR CITY OF SANDY, OR CITY OF SCAPPOOSE, OR CITY OF SHADY COVE, OR CITY OF SHERWOOD, OR CITY OF SHREVEPORT, LA CITY OF SILVERTON, OR CITY OF SPRINGFIELD, OR CITY OF ST. HELENS, OR
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CITY OF ST. PAUL, OR CITY OF SULPHUR, LA CITY OF TIGARD, OR CITY OF TROUTDALE, OR CITY OF TUALATIN, OR CITY OF WALKER, LA CITY OF WARRENTON, OR CITY OF WEST LINN, OR CITY OF WILSONVILLE, OR CITY OF WINSTON, OR CITY OF WOODBURN, OR LEAGUE OF OREGON CITES THE CITY OF HAPPY VALLEY OREGON ALPINE, UT ALTA, UT ALTAMONT, UT ALTON, UT AMALGA, UT AMERICAN FORK CITY, UT ANNABELLA, UT ANTIMONY, UT APPLE VALLEY, UT AURORA, UT BALLARD, UT BEAR RIVER CITY, UT BEAVER, UT BICKNELL, UT BIG WATER, UT BLANDING, UT BLUFFDALE, UT BOULDER, UT CITY OF BOUNTIFUL, UT BRIAN HEAD, UT BRIGHAM CITY CORPORATION, UT BRYCE CANYON CITY, UT CANNONVILLE, UT CASTLE DALE, UT CASTLE VALLEY, UT CITY OF CEDAR CITY, UT CEDAR FORT, UT CITY OF CEDAR HILLS, UT CENTERFIELD, UT CENTERVILLE CITY CORPORATION, UT CENTRAL VALLEY, UT CHARLESTON, UT CIRCLEVILLE, UT CLARKSTON, UT CLAWSON, UT CLEARFIELD, UT CLEVELAND, UT CLINTON CITY CORPORATION, UT COALVILLE, UT CORINNE, UT CORNISH, UT COTTONWOOD HEIGHTS, UT DANIEL, UT DELTA, UT DEWEYVILLE, UT DRAPER CITY, UT DUCHESNE, UT EAGLE MOUNTAIN, UT EAST CARBON, UT ELK RIDGE, UT ELMO, UT ELSINORE, UT ELWOOD, UT EMERY, UT ENOCH, UT
ENTERPRISE, UT EPHRAIM, UT ESCALANTE, UT EUREKA, UT FAIRFIELD, UT FAIRVIEW, UT FARMINGTON, UT FARR WEST, UT FAYETTE, UT FERRON, UT FIELDING, UT FILLMORE, UT FOUNTAIN GREEN, UT FRANCIS, UT FRUIT HEIGHTS, UT GARDEN CITY, UT GARLAND, UT GENOLA, UT GLENDALE, UT GLENWOOD, UT GOSHEN, UT GRANTSVILLE, UT GREEN RIVER, UT GUNNISON, UT HANKSVILLE, UT HARRISVILLE, UT HATCH, UT HEBER CITY CORPORATION, UT HELPER, UT HENEFER, UT HENRIEVILLE, UT HERRIMAN, UT HIDEOUT, UT HIGHLAND, UT HILDALE, UT HINCKLEY, UT HOLDEN, UT HOLLADAY, UT HONEYVILLE, UT HOOPER, UT
HOWELL, UT HUNTINGTON, UT HUNTSVILLE, UT CITY OF HURRICANE, UT HYDE PARK, UT HYRUM, UT INDEPENDENCE, UT IVINS, UT JOSEPH, UT JUNCTION, UT KAMAS, UT KANAB, UT KANARRAVILLE, UT KANOSH, UT KAYSVILLE, UT KINGSTON, UT KOOSHAREM, UT LAKETOWN, UT LA VERKIN, UT LAYTON, UT LEAMINGTON, UT LEEDS, UT LEHI CITY CORPORATION, UT LEVAN, UT LEWISTON, UT LINDON, UT LOA, UT LOGAN CITY, UT
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LYMAN, UT LYNNDYL, UT MANILA, UT MANTI, UT MANTUA, UT MAPLETON, UT MARRIOTT-SLATERVILLE, UT MARYSVALE, UT MAYFIELD, UT MEADOW, UT MENDON, UT MIDVALE CITY INC., UT MIDWAY, UT MILFORD, UT MILLVILLE, UT MINERSVILLE, UT MOAB, UT MONA, UT MONROE, UT CITY OF MONTICELLO, UT MORGAN, UT MORONI, UT MOUNT PLEASANT, UT MURRAY CITY CORPORATION, UT MYTON, UT NAPLES, UT NEPHI, UT NEW HARMONY, UT NEWTON, UT NIBLEY, UT NORTH LOGAN, UT NORTH OGDEN, UT NORTH SALT LAKE CITY, UT OAK CITY, UT OAKLEY, UT OGDEN CITY CORPORATION, UT OPHIR, UT ORANGEVILLE, UT ORDERVILLE, UT OREM, UT PANGUITCH, UT PARADISE, UT PARAGONAH, UT PARK CITY, UT PAROWAN, UT PAYSON, UT PERRY, UT PLAIN CITY, UT PLEASANT GROVE CITY, UT PLEASANT VIEW, UT PLYMOUTH, UT PORTAGE, UT PRICE, UT PROVIDENCE, UT PROVO, UT RANDOLPH, UT REDMOND, UT RICHFIELD, UT RICHMOND, UT RIVERDALE, UT RIVER HEIGHTS, UT RIVERTON CITY, UT ROCKVILLE, UT ROCKY RIDGE, UT ROOSEVELT CITY CORPORATION, UT ROY, UT RUSH VALLEY, UT CITY OF ST. GEORGE, UT
SALEM, UT SALINA, UT SALT LAKE CITY CORPORATION, UT SANDY, UT SANTA CLARA, UT SANTAQUIN, UT SARATOGA SPRINGS, UT SCIPIO, UT SCOFIELD, UT SIGURD, UT SMITHFIELD, UT SNOWVILLE, UT CITY OF SOUTH JORDAN, UT SOUTH OGDEN, UT CITY OF SOUTH SALT LAKE, UT SOUTH WEBER, UT SPANISH FORK, UT SPRING CITY, UT SPRINGDALE, UT SPRINGVILLE, UT STERLING, UT STOCKTON, UT SUNNYSIDE, UT SUNSET CITY CORP, UT SYRACUSE, UT TABIONA, UT CITY OF TAYLORSVILLE, UT TOOELE CITY CORPORATION, UT TOQUERVILLE, UT TORREY, UT TREMONTON CITY, UT TRENTON, UT TROPIC, UT UINTAH, UT VERNAL CITY, UT VERNON, UT VINEYARD, UT VIRGIN, UT WALES, UT WALLSBURG, UT
WASHINGTON CITY, UT WASHINGTON TERRACE, UT WELLINGTON, UT WELLSVILLE, UT WENDOVER, UT WEST BOUNTIFUL, UT WEST HAVEN, UT WEST JORDAN, UT WEST POINT, UT WEST VALLEY CITY, UT WILLARD, UT WOODLAND HILLS, UT WOODRUFF, UT WOODS CROSS, UT COUNTIES AND PARISHES INCLUDING BUT NOT LIMITED TO: ASCENSION PARISH, LA ASCENSION PARISH, LA, CLEAR OF COURT CADDO PARISH, LA
CALCASIEU PARISH, LA CALCASIEU PARISH SHERIFF’S OFFICE, LA CITY AND COUNTY OF HONOLULU, HI CLACKAMAS COUNTY, OR CLACKAMAS COUNTY DEPT OF TRANSPORTATION, OR CLATSOP COUNTY, OR COLUMBIA COUNTY, OR
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COOS COUNTY, OR COOS COUNTY HIGHWAY DEPARTMENT, OR COUNTY OF HAWAII, OR CROOK COUNTY, OR CROOK COUNTY ROAD DEPARTMENT, OR CURRY COUNTY, OR DESCHUTES COUNTY, OR DOUGLAS COUNTY, OR EAST BATON ROUGE PARISH, LA GILLIAM COUNTY, OR GRANT COUNTY, OR HARNEY COUNTY, OR HARNEY COUNTY SHERIFFS OFFICE, OR HAWAII COUNTY, HI HOOD RIVER COUNTY, OR JACKSON COUNTY, OR JEFFERSON COUNTY, OR JEFFERSON PARISH, LA JOSEPHINE COUNTY GOVERNMENT, OR LAFAYETTE CONSOLIDATED GOVERNMENT, LA LAFAYETTE PARISH, LA LAFAYETTE PARISH CONVENTION & VISITORS COMMISSION LAFOURCHE PARISH, LA KAUAI COUNTY, HI KLAMATH COUNTY, OR LAKE COUNTY, OR LANE COUNTY, OR LINCOLN COUNTY, OR LINN COUNTY, OR LIVINGSTON PARISH, LA MALHEUR COUNTY, OR MAUI COUNTY, HI MARION COUNTY, SALEM, OR MORROW COUNTY, OR MULTNOMAH COUNTY, OR MULTNOMAH COUNTY BUSINESS AND COMMUNITY SERVICES, OR MULTNOMAH COUNTY SHERIFFS OFFICE, OR MULTNOMAH LAW LIBRARY, OR ORLEANS PARISH, LA PLAQUEMINES PARISH, LA POLK COUNTY, OR RAPIDES PARISH, LA SAINT CHARLES PARISH, LA SAINT CHARLES PARISH PUBLIC SCHOOLS, LA SAINT LANDRY PARISH, LA SAINT TAMMANY PARISH, LA SHERMAN COUNTY, OR TERREBONNE PARISH, LA TILLAMOOK COUNTY, OR TILLAMOOK COUNTY SHERIFF'S OFFICE, OR TILLAMOOK COUNTY GENERAL HOSPITAL, OR UMATILLA COUNTY, OR UNION COUNTY, OR WALLOWA COUNTY, OR WASCO COUNTY, OR WASHINGTON COUNTY, OR WEST BATON ROUGE PARISH, LA WHEELER COUNTY, OR YAMHILL COUNTY, OR COUNTY OF BOX ELDER, UT COUNTY OF CACHE, UT COUNTY OF RICH, UT COUNTY OF WEBER, UT COUNTY OF MORGAN, UT COUNTY OF DAVIS, UT COUNTY OF SUMMIT, UT
COUNTY OF DAGGETT, UT COUNTY OF SALT LAKE, UT COUNTY OF TOOELE, UT COUNTY OF UTAH, UT COUNTY OF WASATCH, UT COUNTY OF DUCHESNE, UT COUNTY OF UINTAH, UT COUNTY OF CARBON, UT COUNTY OF SANPETE, UT COUNTY OF JUAB, UT COUNTY OF MILLARD, UT COUNTY OF SEVIER, UT COUNTY OF EMERY, UT COUNTY OF GRAND, UT COUNTY OF BEVER, UT COUNTY OF PIUTE, UT COUNTY OF WAYNE, UT COUNTY OF SAN JUAN, UT COUNTY OF GARFIELD, UT COUNTY OF KANE, UT COUNTY OF IRON, UT COUNTY OF WASHINGTON, UT OTHER AGENCIES INCLUDING ASSOCIATIONS, BOARDS, DISTRICTS, COMMISSIONS, COUNCILS, PUBLIC CORPORATIONS, PUBLIC DEVELOPMENT AUTHORITIES, RESERVATIONS AND UTILITIES INCLUDING BUT NOT LIMITED TO: ADAIR R.F.P.D., OR ADEL WATER IMPROVEMENT DISTRICT, OR ADRIAN R.F.P.D., OR AGNESS COMMUNITY LIBRARY, OR AGNESS-ILLAHE R.F.P.D., OR AGRICULTURE EDUCATION SERVICE EXTENSION DISTRICT, OR ALDER CREEK-BARLOW WATER DISTRICT NO. 29, OR ALFALFA FIRE DISTRICT, OR ALSEA R.F.P.D., OR ALSEA RIVIERA WATER IMPROVEMENT DISTRICT,
OR AMITY FIRE DISTRICT, OR ANTELOPE MEADOWS SPECIAL ROAD DISTRICT, OR APPLE ROGUE DISTRICT IMPROVEMENT COMPANY, OR APPLEGATE VALLEY R.F.P.D. #9, OR ARCH CAPE DOMESTIC WATER SUPPLY DISTRICT, OR ARCH CAPE SANITARY DISTRICT, OR ARNOLD IRRIGATION DISTRICT, OR ASH CREEK WATER CONTROL DISTRICT, OR ATHENA CEMETERY MAINTENANCE DISTRICT, OR AUMSVILLE R.F.P.D., OR AURORA R.F.P.D., OR AZALEA R.F.P.D., OR BADGER IMPROVEMENT DISTRICT, OR BAILEY-SPENCER R.F.P.D., OR BAKER COUNTY LIBRARY DISTRICT, OR BAKER R.F.P.D., OR BAKER RIVERTON ROAD DISTRICT, OR BAKER VALLEY IRRIGATION DISTRICT, OR BAKER VALLEY S.W.C.D., OR BAKER VALLEY VECTOR CONTROL DISTRICT, OR BANDON CRANBERRY WATER CONTROL DISTRICT, OR BANDON R.F.P.D., OR BANKS FIRE DISTRICT, OR BANKS FIRE DISTRICT #13, OR
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BAR L RANCH ROAD DISTRICT, OR BARLOW WATER IMPROVEMENT DISTRICT, OR BASIN AMBULANCE SERVICE DISTRICT, OR BASIN TRANSIT SERVICE TRANSPORTATION DISTRICT, OR BATON ROUGE WATER COMPANY BAY AREA HEALTH DISTRICT, OR BAYSHORE SPECIAL ROAD DISTRICT, OR BEAR VALLEY SPECIAL ROAD DISTRICT, OR BEAVER CREEK WATER CONTROL DISTRICT, OR BEAVER DRAINAGE IMPROVEMENT COMPANY, INC., OR BEAVER SLOUGH DRAINAGE DISTRICT, OR BEAVER SPECIAL ROAD DISTRICT, OR BEAVER WATER DISTRICT, OR BELLE MER S.I.G.L. TRACTS SPECIAL ROAD DISTRICT, OR BEND METRO PARK AND RECREATION DISTRICT BENTON S.W.C.D., OR BERNDT SUBDIVISION WATER IMPROVEMENT DISTRICT, OR BEVERLY BEACH WATER DISTRICT, OR BIENVILLE PARISH FIRE PROTECTION DISTRICT 6, LA BIG BEND IRRIGATION DISTRICT, OR BIGGS SERVICE DISTRICT, OR BLACK BUTTE RANCH DEPARTMENT OF POLICE SERVICES, OR BLACK BUTTE RANCH R.F.P.D., OR BLACK MOUNTAIN WATER DISTRICT, OR BLODGETT-SUMMIT R.F.P.D., OR BLUE MOUNTAIN HOSPITAL DISTRICT, OR BLUE MOUNTAIN TRANSLATOR DISTRICT, OR BLUE RIVER PARK & RECREATION DISTRICT, OR BLUE RIVER WATER DISTRICT, OR BLY R.F.P.D., OR BLY VECTOR CONTROL DISTRICT, OR BLY WATER AND SANITARY DISTRICT, OR BOARDMAN CEMETERY MAINTENANCE DISTRICT, OR BOARDMAN PARK AND RECREATION DISTRICT BOARDMAN R.F.P.D., OR BONANZA BIG SPRINGS PARK & RECREATION DISTRICT, OR BONANZA MEMORIAL PARK CEMETERY DISTRICT, OR BONANZA R.F.P.D., OR BONANZA-LANGELL VALLEY VECTOR CONTROL DISTRICT, OR BORING WATER DISTRICT #24, OR BOULDER CREEK RETREAT SPECIAL ROAD DISTRICT, OR BRIDGE R.F.P.D., OR BROOKS COMMUNITY SERVICE DISTRICT, OR BROWNSVILLE R.F.P.D., OR BUELL-RED PRAIRIE WATER DISTRICT, OR BUNKER HILL R.F.P.D. #1, OR BUNKER HILL SANITARY DISTRICT, OR BURLINGTON WATER DISTRICT, OR BURNT RIVER IRRIGATION DISTRICT, OR BURNT RIVER S.W.C.D., OR CALAPOOIA R.F.P.D., OR CAMAS VALLEY R.F.P.D., OR CAMELLIA PARK SANITARY DISTRICT, OR CAMMANN ROAD DISTRICT, OR CAMP SHERMAN ROAD DISTRICT, OR CANBY AREA TRANSIT, OR CANBY R.F.P.D. #62, OR
CANBY UTILITY BOARD, OR CANNON BEACH R.F.P.D., OR CANYONVILLE SOUTH UMPQUA FIRE DISTRICT, OR CAPE FERRELO R.F.P.D., OR CAPE FOULWEATHER SANITARY DISTRICT, OR CARLSON PRIMROSE SPECIAL ROAD DISTRICT, OR CARMEL BEACH WATER DISTRICT, OR CASCADE VIEW ESTATES TRACT 2, OR CEDAR CREST SPECIAL ROAD DISTRICT, OR CEDAR TRAILS SPECIAL ROAD DISTRICT, OR CEDAR VALLEY - NORTH BANK R.F.P.D., OR CENTRAL CASCADES FIRE AND EMS, OR CENTRAL CITY ECONOMIC OPPORTUNITY CORP, LA CENTRAL LINCOLN P.U.D., OR CENTRAL OREGON COAST FIRE & RESCUE DISTRICT, OR CENTRAL OREGON INTERGOVERNMENTAL COUNCIL CENTRAL OREGON IRRIGATION DISTRICT, OR CHAPARRAL WATER CONTROL DISTRICT, OR CHARLESTON FIRE DISTRICT, OR CHARLESTON SANITARY DISTRICT, OR CHARLOTTE ANN WATER DISTRICT, OR CHEHALEM PARK & RECREATION DISTRICT, OR CHEHALEM PARK AND RECREATION DISTRICT CHEMULT R.F.P.D., OR CHENOWITH WATER P.U.D., OR CHERRIOTS, OR CHETCO COMMUNITY PUBLIC LIBRARY DISTRICT, OR CHILOQUIN VECTOR CONTROL DISTRICT, OR CHILOQUIN-AGENCY LAKE R.F.P.D., OR CHINOOK DRIVE SPECIAL ROAD DISTRICT, OR CHR DISTRICT IMPROVEMENT COMPANY, OR CHRISTMAS VALLEY DOMESTIC WATER DISTRICT, OR CHRISTMAS VALLEY PARK & RECREATION DISTRICT, OR CHRISTMAS VALLEY R.F.P.D., OR CITY OF BOGALUSA SCHOOL BOARD, LA
CLACKAMAS COUNTY FIRE DISTRICT #1, OR CLACKAMAS COUNTY SERVICE DISTRICT #1, OR CLACKAMAS COUNTY VECTOR CONTROL DISTRICT, OR CLACKAMAS RIVER WATER CLACKAMAS RIVER WATER, OR CLACKAMAS S.W.C.D., OR CLATSKANIE DRAINAGE IMPROVEMENT COMPANY, OR CLATSKANIE LIBRARY DISTRICT, OR CLATSKANIE P.U.D., OR CLATSKANIE PARK & RECREATION DISTRICT, OR CLATSKANIE PEOPLE'S UTILITY DISTRICT CLATSKANIE R.F.P.D., OR CLATSOP CARE CENTER HEALTH DISTRICT, OR CLATSOP COUNTY S.W.C.D., OR CLATSOP DRAINAGE IMPROVEMENT COMPANY #15, INC., OR CLEAN WATER SERVICES CLEAN WATER SERVICES, OR CLOVERDALE R.F.P.D., OR CLOVERDALE SANITARY DISTRICT, OR CLOVERDALE WATER DISTRICT, OR COALEDO DRAINAGE DISTRICT, OR COBURG FIRE DISTRICT, OR COLESTIN RURAL FIRE DISTRICT, OR COLTON R.F.P.D., OR COLTON WATER DISTRICT #11, OR
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COLUMBIA 911 COMMUNICATIONS DISTRICT, OR COLUMBIA COUNTY 4-H & EXTENSION SERVICE DISTRICT, OR COLUMBIA DRAINAGE VECTOR CONTROL, OR COLUMBIA IMPROVEMENT DISTRICT, OR COLUMBIA R.F.P.D., OR COLUMBIA RIVER FIRE & RESCUE, OR COLUMBIA RIVER PUD, OR COLUMBIA S.W.C.D., OR COLUMBIA S.W.C.D., OR CONFEDERATED TRIBES OF THE UMATILLA INDIAN RESERVATION COOS COUNTY AIRPORT DISTRICT, OR COOS COUNTY AIRPORT DISTRICT, OR COOS COUNTY AREA TRANSIT SERVICE DISTRICT, OR COOS COUNTY AREA TRANSIT SERVICE DISTRICT, OR COOS FOREST PROTECTIVE ASSOCIATION COOS S.W.C.D., OR COQUILLE R.F.P.D., OR COQUILLE VALLEY HOSPITAL DISTRICT, OR CORBETT WATER DISTRICT, OR CORNELIUS R.F.P.D., OR CORP RANCH ROAD WATER IMPROVEMENT, OR CORVALLIS R.F.P.D., OR COUNTRY CLUB ESTATES SPECIAL WATER DISTRICT, OR COUNTRY CLUB WATER DISTRICT, OR COUNTRY ESTATES ROAD DISTRICT, OR COVE CEMETERY MAINTENANCE DISTRICT, OR COVE ORCHARD SEWER SERVICE DISTRICT, OR COVE R.F.P.D., OR CRESCENT R.F.P.D., OR CRESCENT SANITARY DISTRICT, OR CRESCENT WATER SUPPLY AND IMPROVEMENT DISTRICT, OR CROOK COUNTY AGRICULTURE EXTENSION SERVICE DISTRICT, OR CROOK COUNTY CEMETERY DISTRICT, OR CROOK COUNTY FIRE AND RESCUE, OR CROOK COUNTY PARKS & RECREATION DISTRICT, OR CROOK COUNTY S.W.C.D., OR CROOK COUNTY VECTOR CONTROL DISTRICT, OR CROOKED RIVER RANCH R.F.P.D., OR CROOKED RIVER RANCH SPECIAL ROAD DISTRICT, OR CRYSTAL SPRINGS WATER DISTRICT, OR CURRY COUNTY 4-H & EXTENSION SERVICE DISTRICT, OR CURRY COUNTY PUBLIC TRANSIT SERVICE DISTRICT, OR CURRY COUNTY S.W.C.D., OR CURRY HEALTH DISTRICT, OR CURRY PUBLIC LIBRARY DISTRICT, OR DALLAS CEMETERY DISTRICT #4, OR DARLEY DRIVE SPECIAL ROAD DISTRICT, OR DAVID CROCKETT STEAM FIRE COMPANY #1, LA DAYS CREEK R.F.P.D., OR DAYTON FIRE DISTRICT, OR DEAN MINARD WATER DISTRICT, OR DEE IRRIGATION DISTRICT, OR DEER ISLAND DRAINAGE IMPROVEMENT COMPANY, OR DELL BROGAN CEMETERY MAINTENANCE DISTRICT, OR DEPOE BAY R.F.P.D., OR
DESCHUTES COUNTY 911 SERVICE DISTRICT, OR DESCHUTES COUNTY R.F.P.D. #2, OR DESCHUTES PUBLIC LIBRARY DISTRICT, OR DESCHUTES S.W.C.D., OR DESCHUTES VALLEY WATER DISTRICT, OR DEVILS LAKE WATER IMPROVEMENT DISTRICT, OR DEXTER R.F.P.D., OR DEXTER SANITARY DISTRICT, OR DORA-SITKUM R.F.P.D., OR DOUGLAS COUNTY FIRE DISTRICT #2, OR DOUGLAS S.W.C.D., OR DRAKES CROSSING R.F.P.D., OR DRRH SPECIAL ROAD DISTRICT #6, OR DRY GULCH DITCH DISTRICT IMPROVEMENT COMPANY, OR DUFUR RECREATION DISTRICT, OR DUMBECK LANE DOMESTIC WATER SUPPLY, OR DUNDEE R.F.P.D., OR DURKEE COMMUNITY BUILDING PRESERVATION DISTRICT, OR EAGLE POINT IRRIGATION DISTRICT, OR EAGLE VALLEY CEMETERY MAINTENANCE DISTRICT, OR EAGLE VALLEY R.F.P.D., OR EAGLE VALLEY S.W.C.D., OR EAST FORK IRRIGATION DISTRICT, OR EAST MULTNOMAH S.W.C.D., OR EAST SALEM SERVICE DISTRICT, OR EAST UMATILLA CHEMICAL CONTROL DISTRICT, OR EAST UMATILLA COUNTY AMBULANCE AREA HEALTH DISTRICT, OR EAST UMATILLA COUNTY R.F.P.D., OR EAST VALLEY WATER DISTRICT, OR ELGIN COMMUNITY PARKS & RECREATION DISTRICT, OR ELGIN HEALTH DISTRICT, OR ELGIN R.F.P.D., OR ELKTON ESTATES PHASE II SPECIAL ROAD DISTRICT, OR ELKTON R.F.P.D., OR EMERALD P.U.D., OR ENTERPRISE IRRIGATION DISTRICT, OR ESTACADA CEMETERY MAINTENANCE DISTRICT, OR ESTACADA R.F.P.D. #69, OR EUGENE R.F.P.D. # 1, OR EUGENE WATER AND ELECTRIC BOARD EVANS VALLEY FIRE DISTRICT #6, OR FAIR OAKS R.F.P.D., OR FAIRVIEW R.F.P.D., OR FAIRVIEW WATER DISTRICT, OR FALCON HEIGHTS WATER AND SEWER, OR FALCON-COVE BEACH WATER DISTRICT, OR FALL RIVER ESTATES SPECIAL ROAD DISTRICT, OR FARGO INTERCHANGE SERVICE DISTRICT, OR FARMERS IRRIGATION DISTRICT, OR FAT ELK DRAINAGE DISTRICT, OR FERN RIDGE PUBLIC LIBRARY DISTRICT, OR FERN VALLEY ESTATES IMPROVEMENT DISTRICT, OR FOR FAR ROAD DISTRICT, OR FOREST GROVE R.F.P.D., OR FOREST VIEW SPECIAL ROAD DISTRICT, OR FORT ROCK-SILVER LAKE S.W.C.D., OR FOUR RIVERS VECTOR CONTROL DISTRICT, OR FOX CEMETERY MAINTENANCE DISTRICT, OR GARDINER R.F.P.D., OR
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GARDINER SANITARY DISTRICT, OR GARIBALDI R.F.P.D., OR GASTON R.F.P.D., OR GATES R.F.P.D., OR GEARHART R.F.P.D., OR GILLIAM S.W.C.D., OR GLENDALE AMBULANCE DISTRICT, OR GLENDALE R.F.P.D., OR GLENEDEN BEACH SPECIAL ROAD DISTRICT, OR GLENEDEN SANITARY DISTRICT, OR GLENWOOD WATER DISTRICT, OR GLIDE - IDLEYLD SANITARY DISTRICT, OR GLIDE R.F.P.D., OR GOLD BEACH - WEDDERBURN R.F.P.D., OR GOLD HILL IRRIGATION DISTRICT, OR GOLDFINCH ROAD DISTRICT, OR GOSHEN R.F.P.D., OR GOVERNMENT CAMP ROAD DISTRICT, OR GOVERNMENT CAMP SANITARY DISTRICT, OR GRAND PRAIRIE WATER CONTROL DISTRICT, OR GRAND RONDE SANITARY DISTRICT, OR GRANT COUNTY TRANSPORTATION DISTRICT, OR GRANT S.W.C.D., OR GRANTS PASS IRRIGATION DISTRICT, OR GREATER BOWEN VALLEY R.F.P.D., OR GREATER ST. HELENS PARK & RECREATION DISTRICT, OR GREATER TOLEDO POOL RECREATION DISTRICT, OR GREEN KNOLLS SPECIAL ROAD DISTRICT, OR GREEN SANITARY DISTRICT, OR GREENACRES R.F.P.D., OR GREENBERRY IRRIGATION DISTRICT, OR GREENSPRINGS RURAL FIRE DISTRICT, OR HAHLEN ROAD SPECIAL DISTRICT, OR HAINES CEMETERY MAINTENANCE DISTRICT, OR HAINES FIRE PROTECTION DISTRICT, OR HALSEY-SHEDD R.F.P.D., OR HAMLET R.F.P.D., OR HARBOR R.F.P.D., OR HARBOR SANITARY DISTRICT, OR HARBOR WATER P.U.D., OR HARNEY COUNTY HEALTH DISTRICT, OR HARNEY S.W.C.D., OR HARPER SOUTH SIDE IRRIGATION DISTRICT, OR HARRISBURG FIRE AND RESCUE, OR HAUSER R.F.P.D., OR HAZELDELL RURAL FIRE DISTRICT, OR HEBO JOINT WATER-SANITARY AUTHORITY, OR HECETA WATER P.U.D., OR HELIX CEMETERY MAINTENANCE DISTRICT #4, OR HELIX PARK & RECREATION DISTRICT, OR HELIX R.F.P.D. #7-411, OR HEPPNER CEMETERY MAINTENANCE DISTRICT, OR HEPPNER R.F.P.D., OR HEPPNER WATER CONTROL DISTRICT, OR HEREFORD COMMUNITY HALL RECREATION DISTRICT, OR HERMISTON CEMETERY DISTRICT, OR HERMISTON IRRIGATION DISTRICT, OR HIDDEN VALLEY MOBILE ESTATES IMPROVEMENT DISTRICT, OR HIGH DESERT PARK & RECREATION DISTRICT, OR HIGHLAND SUBDIVISION WATER DISTRICT, OR HONOLULU INTERNATIONAL AIRPORT HOOD RIVER COUNTY LIBRARY DISTRICT, OR HOOD RIVER COUNTY TRANSPORTATION DISTRICT, OR
HOOD RIVER S.W.C.D., OR HOOD RIVER VALLEY PARKS & RECREATION DISTRICT, OR HOODLAND FIRE DISTRICT #74 HOODLAND FIRE DISTRICT #74, OR HORSEFLY IRRIGATION DISTRICT, OR HOSKINS-KINGS VALLEY R.F.P.D., OR HOUSING AUTHORITY OF PORTLAND HUBBARD R.F.P.D., OR HUDSON BAY DISTRICT IMPROVEMENT COMPANY, OR I N (KAY) YOUNG DITCH DISTRICT IMPROVEMENT COMPANY, OR ICE FOUNTAIN WATER DISTRICT, OR IDAHO POINT SPECIAL ROAD DISTRICT, OR IDANHA-DETROIT RURAL FIRE PROTECTION DISTRICT, OR ILLINOIS VALLEY FIRE DISTRICT ILLINOIS VALLEY R.F.P.D., OR ILLINOIS VALLEY S.W.C.D., OR IMBLER R.F.P.D., OR INTERLACHEN WATER P.U.D., OR IONE LIBRARY DISTRICT, OR IONE R.F.P.D. #6-604, OR IRONSIDE CEMETERY MAINTENANCE DISTRICT, OR IRONSIDE RURAL ROAD DISTRICT #5, OR IRRIGON PARK & RECREATION DISTRICT, OR IRRIGON R.F.P.D., OR ISLAND CITY AREA SANITATION DISTRICT, OR ISLAND CITY CEMETERY MAINTENANCE DISTRICT, OR JACK PINE VILLAGE SPECIAL ROAD DISTRICT, OR JACKSON COUNTY FIRE DISTRICT #3, OR JACKSON COUNTY FIRE DISTRICT #4, OR JACKSON COUNTY FIRE DISTRICT #5, OR JACKSON COUNTY LIBRARY DISTRICT, OR JACKSON COUNTY VECTOR CONTROL DISTRICT, OR JACKSON S.W.C.D., OR JASPER KNOLLS WATER DISTRICT, OR JEFFERSON COUNTY EMERGENCY MEDICAL
SERVICE DISTRICT, OR JEFFERSON COUNTY FIRE DISTRICT #1, OR JEFFERSON COUNTY LIBRARY DISTRICT, OR JEFFERSON COUNTY S.W.C.D., OR JEFFERSON PARK & RECREATION DISTRICT, OR JEFFERSON R.F.P.D., OR JOB'S DRAINAGE DISTRICT, OR JOHN DAY WATER DISTRICT, OR JOHN DAY-CANYON CITY PARKS & RECREATION DISTRICT, OR JOHN DAY-FERNHILL R.F.P.D. #5-108, OR JORDAN VALLEY CEMETERY DISTRICT, OR JORDAN VALLEY IRRIGATION DISTRICT, OR JOSEPHINE COMMUNITY LIBRARY DISTRICT, OR JOSEPHINE COUNTY 4-H & EXTENSION SERVICE DISTRICT, OR JOSEPHINE COUNTY 911 AGENCY, OR JUNCTION CITY R.F.P.D., OR JUNCTION CITY WATER CONTROL DISTRICT, OR JUNIPER BUTTE ROAD DISTRICT, OR JUNIPER CANYON WATER CONTROL DISTRICT, OR JUNIPER FLAT DISTRICT IMPROVEMENT COMPANY, OR JUNIPER FLAT R.F.P.D., OR JUNO NONPROFIT WATER IMPROVEMENT DISTRICT, OR KEATING R.F.P.D., OR KEATING S.W.C.D., OR
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KEIZER R.F.P.D., OR KELLOGG RURAL FIRE DISTRICT, OR KENO IRRIGATION DISTRICT, OR KENO PINES ROAD DISTRICT, OR KENO R.F.P.D., OR KENT WATER DISTRICT, OR KERBY WATER DISTRICT, OR K-GB-LB WATER DISTRICT, ORKILCHIS WATER DISTRICT, ORKLAMATH 9-1-1 COMMUNICATIONS DISTRICT, ORKLAMATH BASIN IMPROVEMENT DISTRICT, ORKLAMATH COUNTY DRAINAGE SERVICE DISTRICT,ORKLAMATH COUNTY EXTENSION SERVICE DISTRICT,ORKLAMATH COUNTY FIRE DISTRICT #1, ORKLAMATH COUNTY FIRE DISTRICT #3, ORKLAMATH COUNTY FIRE DISTRICT #4, ORKLAMATH COUNTY FIRE DISTRICT #5, ORKLAMATH COUNTY LIBRARY SERVICE DISTRICT,ORKLAMATH COUNTY PREDATORY ANIMALCONTROL DISTRICT, ORKLAMATH DRAINAGE DISTRICT, ORKLAMATH FALLS FOREST ESTATES SPECIAL ROADDISTRICT UNIT #2, ORKLAMATH INTEROPERABILITY RADIO GROUP, ORKLAMATH IRRIGATION DISTRICT, ORKLAMATH RIVER ACRES SPECIAL ROAD DISTRICT,ORKLAMATH S.W.C.D., ORKLAMATH VECTOR CONTROL DISTRICT, ORKNAPPA-SVENSEN-BURNSIDE R.F.P.D., ORLA GRANDE CEMETERY MAINTENANCE DISTRICT,ORLA GRANDE R.F.P.D., ORLA PINE PARK & RECREATION DISTRICT, ORLA PINE R.F.P.D., ORLABISH VILLAGE SEWAGE & DRAINAGE, ORLACOMB IRRIGATION DISTRICT, ORLAFAYETTE AIRPORT COMMISSION, LALAFOURCHE PARISH HEALTH UNIT – DHH-OPHREGION 3LAIDLAW WATER DISTRICT, ORLAKE CHINOOK FIRE & RESCUE, ORLAKE COUNTY 4-H & EXTENSION SERVICEDISTRICT, ORLAKE COUNTY LIBRARY DISTRICT, ORLAKE CREEK R.F.P.D. - JACKSON, ORLAKE CREEK R.F.P.D. - LANE COUNTY, ORLAKE DISTRICT HOSPITAL, ORLAKE GROVE R.F.P.D. NO. 57, ORLAKE GROVE WATER DISTRICT, ORLAKE LABISH WATER CONTROL DISTRICT, ORLAKE POINT SPECIAL ROAD DISTRICT, ORLAKESIDE R.F.P.D. #4, ORLAKESIDE WATER DISTRICT, ORLAKEVIEW R.F.P.D., ORLAKEVIEW S.W.C.D., ORLAMONTAI IMPROVEMENT DISTRICT, ORLANE FIRE AUTHORITY, ORLANE LIBRARY DISTRICT, ORLANE TRANSIT DISTRICT, ORLANGELL VALLEY IRRIGATION DISTRICT, ORLANGLOIS PUBLIC LIBRARY, ORLANGLOIS R.F.P.D., ORLANGLOIS WATER DISTRICT, ORLAZY RIVER SPECIAL ROAD DISTRICT, OR
LEBANON AQUATIC DISTRICT, OR LEBANON R.F.P.D., OR LEWIS & CLARK R.F.P.D., OR LINCOLN COUNTY LIBRARY DISTRICT, OR LINCOLN S.W.C.D., OR LINN COUNTY EMERGENCY TELEPHONE AGENCY, OR LINN S.W.C.D., OR LITTLE MUDDY CREEK WATER CONTROL, OR LITTLE NESTUCCA DRAINAGE DISTRICT, OR LITTLE SWITZERLAND SPECIAL ROAD DISTRICT, OR LONE PINE IRRIGATION DISTRICT, OR LONG PRAIRIE WATER DISTRICT, OR LOOKINGGLASS OLALLA WATER CONTROL DISTRICT, OR LOOKINGGLASS RURAL FIRE DISTRICT, OR LORANE R.F.P.D., OR LOST & BOULDER DITCH IMPROVEMENT DISTRICT, OR LOST CREEK PARK SPECIAL ROAD DISTRICT, OR LOUISIANA PUBLIC SERVICE COMMISSION, LA LOUISIANA WATER WORKS LOWELL R.F.P.D., OR LOWER MCKAY CREEK R.F.P.D., OR LOWER MCKAY CREEK WATER CONTROL DISTRICT, OR LOWER POWDER RIVER IRRIGATION DISTRICT, OR LOWER SILETZ WATER DISTRICT, OR LOWER UMPQUA HOSPITAL DISTRICT, OR LOWER UMPQUA PARK & RECREATION DISTRICT, OR LOWER VALLEY WATER IMPROVEMENT DISTRICT, OR LUCE LONG DITCH DISTRICT IMPROVEMENT CO., OR LUSTED WATER DISTRICT, OR LYONS R.F.P.D., OR LYONS-MEHAMA WATER DISTRICT, OR MADRAS AQUATIC CENTER DISTRICT, OR MAKAI SPECIAL ROAD DISTRICT, OR
MALHEUR COUNTY S.W.C.D., OR MALHEUR COUNTY VECTOR CONTROL DISTRICT, OR MALHEUR DISTRICT IMPROVEMENT COMPANY, OR MALHEUR DRAINAGE DISTRICT, OR MALHEUR MEMORIAL HEALTH DISTRICT, OR MALIN COMMUNITY CEMETERY MAINTENANCE DISTRICT, OR MALIN COMMUNITY PARK & RECREATION DISTRICT, OR MALIN IRRIGATION DISTRICT, OR MALIN R.F.P.D., OR MAPLETON FIRE DEPARTMENT, OR MAPLETON WATER DISTRICT, OR MARCOLA WATER DISTRICT, OR MARION COUNTY EXTENSION & 4H SERVICE DISTRICT, OR MARION COUNTY FIRE DISTRICT #1, OR MARION JACK IMPROVEMENT DISTRICT, OR MARION S.W.C.D., OR MARY'S RIVER ESTATES ROAD DISTRICT, OR MCDONALD FOREST ESTATES SPECIAL ROAD DISTRICT, OR MCKAY ACRES IMPROVEMENT DISTRICT, OR MCKAY DAM R.F.P.D. # 7-410, OR MCKENZIE FIRE & RESCUE, OR MCKENZIE PALISADES WATER SUPPLY CORPORATION, OR
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MCMINNVILLE R.F.P.D., OR MCNULTY WATER P.U.D., OR MEADOWS DRAINAGE DISTRICT, OR MEDFORD IRRIGATION DISTRICT, OR MEDFORD R.F.P.D. #2, OR MEDFORD WATER COMMISSION MEDICAL SPRINGS R.F.P.D., OR MELHEUR COUNTY JAIL, OR MERLIN COMMUNITY PARK DISTRICT, OR MERRILL CEMETERY MAINTENANCE DISTRICT, OR MERRILL PARK DISTRICT, OR MERRILL R.F.P.D., OR METRO REGIONAL GOVERNMENT METRO REGIONAL PARKS METROPOLITAN EXPOSITION RECREATION COMMISSION METROPOLITAN SERVICE DISTRICT (METRO) MID COUNTY CEMETERY MAINTENANCE DISTRICT, OR MID-COLUMBIA FIRE AND RESCUE, OR MIDDLE FORK IRRIGATION DISTRICT, OR MIDLAND COMMUNITY PARK, OR MIDLAND DRAINAGE IMPROVEMENT DISTRICT, OR MILES CROSSING SANITARY SEWER DISTRICT, OR MILL CITY R.F.P.D. #2-303, OR MILL FOUR DRAINAGE DISTRICT, OR MILLICOMA RIVER PARK & RECREATION DISTRICT, OR MILLINGTON R.F.P.D. #5, OR MILO VOLUNTEER FIRE DEPARTMENT, OR MILTON-FREEWATER AMBULANCE SERVICE AREA HEALTH DISTRICT, OR MILTON-FREEWATER WATER CONTROL DISTRICT, OR MIROCO SPECIAL ROAD DISTRICT, OR MIST-BIRKENFELD R.F.P.D., OR MODOC POINT IRRIGATION DISTRICT, OR MODOC POINT SANITARY DISTRICT, OR MOHAWK VALLEY R.F.P.D., OR MOLALLA AQUATIC DISTRICT, OR MOLALLA R.F.P.D. #73, OR MONITOR R.F.P.D., OR MONROE R.F.P.D., OR MONUMENT CEMETERY MAINTENANCE DISTRICT, OR MONUMENT S.W.C.D., OR MOOREA DRIVE SPECIAL ROAD DISTRICT, OR MORO R.F.P.D., OR MORROW COUNTY HEALTH DISTRICT, OR MORROW COUNTY UNIFIED RECREATION DISTRICT, OR MORROW S.W.C.D., OR MOSIER FIRE DISTRICT, OR MOUNTAIN DRIVE SPECIAL ROAD DISTRICT, OR MT. ANGEL R.F.P.D., OR MT. HOOD IRRIGATION DISTRICT, OR MT. LAKI CEMETERY DISTRICT, OR MT. VERNON R.F.P.D., OR MULINO WATER DISTRICT #1, OR MULTNOMAH COUNTY DRAINAGE DISTRICT #1, OR MULTNOMAH COUNTY R.F.P.D. #10, OR MULTNOMAH COUNTY R.F.P.D. #14, OR MULTNOMAH EDUCATION SERVICE DISTRICT MYRTLE CREEK R.F.P.D., OR NEAH-KAH-NIE WATER DISTRICT, OR NEDONNA R.F.P.D., OR NEHALEM BAY FIRE AND RESCUE, OR NEHALEM BAY HEALTH DISTRICT, OR
NEHALEM BAY WASTEWATER AGENCY, OR NESIKA BEACH-OPHIR WATER DISTRICT, OR NESKOWIN REGIONAL SANITARY AUTHORITY, OR NESKOWIN REGIONAL WATER DISTRICT, OR NESTUCCA R.F.P.D., OR NETARTS WATER DISTRICT, OR NETARTS-OCEANSIDE R.F.P.D., OR NETARTS-OCEANSIDE SANITARY DISTRICT, OR NEW BRIDGE WATER SUPPLY DISTRICT, OR NEW CARLTON FIRE DISTRICT, OR NEW ORLEANS REDEVELOPMENT AUTHORITY, LA NEW PINE CREEK R.F.P.D., OR NEWBERG R.F.P.D., OR NEWBERRY ESTATES SPECIAL ROAD DISTRICT, OR NEWPORT R.F.P.D., OR NEWT YOUNG DITCH DISTRICT IMPROVEMENT COMPANY, OR NORTH ALBANY R.F.P.D., OR NORTH BAY R.F.P.D. #9, OR NORTH CLACKAMAS PARKS & RECREATION DISTRICT, OR NORTH COUNTY RECREATION DISTRICT, OR NORTH DOUGLAS COUNTY FIRE & EMS, OR NORTH DOUGLAS PARK & RECREATION DISTRICT, OR NORTH GILLIAM COUNTY HEALTH DISTRICT, OR NORTH GILLIAM COUNTY R.F.P.D., OR NORTH LAKE HEALTH DISTRICT, OR NORTH LEBANON WATER CONTROL DISTRICT, OR NORTH LINCOLN FIRE & RESCUE DISTRICT #1, OR NORTH LINCOLN HEALTH DISTRICT, OR NORTH MORROW VECTOR CONTROL DISTRICT, OR NORTH SHERMAN COUNTY R.F.P.D, OR NORTH UNIT IRRIGATION DISTRICT, OR NORTHEAST OREGON HOUSING AUTHORITY, OR NORTHEAST WHEELER COUNTY HEALTH DISTRICT, OR NORTHERN WASCO COUNTY P.U.D., OR NORTHERN WASCO COUNTY PARK & RECREATION DISTRICT, OR
NYE DITCH USERS DISTRICT IMPROVEMENT, OR NYSSA ROAD ASSESSMENT DISTRICT #2, OR NYSSA RURAL FIRE DISTRICT, OR NYSSA-ARCADIA DRAINAGE DISTRICT, OR OAK LODGE WATER SERVICES, OR OAKLAND R.F.P.D., OR OAKVILLE COMMUNITY CENTER, OR OCEANSIDE WATER DISTRICT, OR OCHOCO IRRIGATION DISTRICT, OR OCHOCO WEST WATER AND SANITARY AUTHORITY, OR ODELL SANITARY DISTRICT, OR OLD OWYHEE DITCH IMPROVEMENT DISTRICT, OR OLNEY-WALLUSKI FIRE & RESCUE DISTRICT, OR ONTARIO LIBRARY DISTRICT, OR ONTARIO R.F.P.D., OR OPHIR R.F.P.D., OR OREGON COAST COMMUNITY ACTION OREGON HOUSING AND COMMUNITY SERVICES OREGON INTERNATIONAL PORT OF COOS BAY, OR OREGON LEGISLATIVE ADMINISTRATION OREGON OUTBACK R.F.P.D., OR OREGON POINT, OR OREGON TRAIL LIBRARY DISTRICT, OR OTTER ROCK WATER DISTRICT, OR OWW UNIT #2 SANITARY DISTRICT, OR OWYHEE CEMETERY MAINTENANCE DISTRICT, OR OWYHEE IRRIGATION DISTRICT, OR
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PACIFIC CITY JOINT WATER-SANITARY AUTHORITY, OR PACIFIC COMMUNITIES HEALTH DISTRICT, OR PACIFIC RIVIERA #3 SPECIAL ROAD DISTRICT, OR PALATINE HILL WATER DISTRICT, OR PALMER CREEK WATER DISTRICT IMPROVEMENT COMPANY, OR PANORAMIC ACCESS SPECIAL ROAD DISTRICT, OR PANTHER CREEK ROAD DISTRICT, OR PANTHER CREEK WATER DISTRICT, OR PARKDALE R.F.P.D., OR PARKDALE SANITARY DISTRICT, OR PENINSULA DRAINAGE DISTRICT #1, OR PENINSULA DRAINAGE DISTRICT #2, OR PHILOMATH FIRE AND RESCUE, OR PILOT ROCK CEMETERY MAINTENANCE DISTRICT #5, OR PILOT ROCK PARK & RECREATION DISTRICT, OR PILOT ROCK R.F.P.D., OR PINE EAGLE HEALTH DISTRICT, OR PINE FLAT DISTRICT IMPROVEMENT COMPANY, OR PINE GROVE IRRIGATION DISTRICT, OR PINE GROVE WATER DISTRICT-KLAMATH FALLS, OR PINE GROVE WATER DISTRICT-MAUPIN, OR PINE VALLEY CEMETERY DISTRICT, OR PINE VALLEY R.F.P.D., OR PINEWOOD COUNTRY ESTATES SPECIAL ROAD DISTRICT, OR PIONEER DISTRICT IMPROVEMENT COMPANY, OR PISTOL RIVER CEMETERY MAINTENANCE DISTRICT, OR PISTOL RIVER FIRE DISTRICT, OR PLEASANT HILL R.F.P.D., OR PLEASANT HOME WATER DISTRICT, OR POCAHONTAS MINING AND IRRIGATION DISTRICT, OR POE VALLEY IMPROVEMENT DISTRICT, OR POE VALLEY PARK & RECREATION DISTRICT, OR POE VALLEY VECTOR CONTROL DISTRICT, OR POLK COUNTY FIRE DISTRICT #1, OR POLK S.W.C.D., OR POMPADOUR WATER IMPROVEMENT DISTRICT, OR PONDEROSA PINES EAST SPECIAL ROAD DISTRICT, OR PORT OF ALSEA, OR PORT OF ARLINGTON, OR PORT OF ASTORIA, OR PORT OF BANDON, OR PORT OF BRANDON, OR PORT OF BROOKINGS HARBOR, OR PORT OF CASCADE LOCKS, OR PORT OF COQUILLE RIVER, OR PORT OF GARIBALDI, OR PORT OF GOLD BEACH, OR PORT OF HOOD RIVER, OR PORT OF MORGAN CITY, LA PORT OF MORROW, OR PORT OF NEHALEM, OR PORT OF NEWPORT, OR PORT OF PORT ORFORD, OR PORT OF PORTLAND, OR PORT OF SIUSLAW, OR PORT OF ST. HELENS, OR PORT OF THE DALLES, OR PORT OF TILLAMOOK BAY, OR PORT OF TOLEDO, OR PORT OF UMATILLA, OR
PORT OF UMPQUA, OR PORT ORFORD CEMETERY MAINTENANCE DISTRICT, OR PORT ORFORD PUBLIC LIBRARY DISTRICT, OR PORT ORFORD R.F.P.D., OR PORTLAND DEVELOPMENT COMMISSION, OR PORTLAND FIRE AND RESCUE PORTLAND HOUSING CENTER, OR POWDER R.F.P.D., OR POWDER RIVER R.F.P.D., OR POWDER VALLEY WATER CONTROL DISTRICT, OR POWERS HEALTH DISTRICT, OR PRAIRIE CEMETERY MAINTENANCE DISTRICT, OR PRINEVILLE LAKE ACRES SPECIAL ROAD DISTRICT #1, OR PROSPECT R.F.P.D., OR QUAIL VALLEY PARK IMPROVEMENT DISTRICT, OR QUEENER IRRIGATION IMPROVEMENT DISTRICT, OR RAINBOW WATER DISTRICT, OR RAINIER CEMETERY DISTRICT, OR RAINIER DRAINAGE IMPROVEMENT COMPANY, OR RALEIGH WATER DISTRICT, OR REDMOND AREA PARK & RECREATION DISTRICT, OR REDMOND FIRE AND RESCUE, OR RIDDLE FIRE PROTECTION DISTRICT, OR RIDGEWOOD DISTRICT IMPROVEMENT COMPANY, OR RIDGEWOOD ROAD DISTRICT, OR RIETH SANITARY DISTRICT, OR RIETH WATER DISTRICT, OR RIMROCK WEST IMPROVEMENT DISTRICT, OR RINK CREEK WATER DISTRICT, OR RIVER BEND ESTATES SPECIAL ROAD DISTRICT, OR RIVER FOREST ACRES SPECIAL ROAD DISTRICT, OR RIVER MEADOWS IMPROVEMENT DISTRICT, OR RIVER PINES ESTATES SPECIAL ROAD DISTRICT, OR RIVER ROAD PARK & RECREATION DISTRICT, OR RIVER ROAD WATER DISTRICT, OR
RIVERBEND RIVERBANK WATER IMPROVEMENT DISTRICT, OR RIVERDALE R.F.P.D. 11-JT, OR RIVERGROVE WATER DISTRICT, OR RIVERSIDE MISSION WATER CONTROL DISTRICT, OR RIVERSIDE R.F.P.D. #7-406, OR RIVERSIDE WATER DISTRICT, OR ROBERTS CREEK WATER DISTRICT, OR ROCK CREEK DISTRICT IMPROVEMENT, OR ROCK CREEK WATER DISTRICT, OR ROCKWOOD WATER P.U.D., OR ROCKY POINT FIRE & EMS, OR ROGUE RIVER R.F.P.D., OR ROGUE RIVER VALLEY IRRIGATION DISTRICT, OR ROGUE VALLEY SEWER SERVICES, OR ROGUE VALLEY SEWER, OR ROGUE VALLEY TRANSPORTATION DISTRICT, OR ROSEBURG URBAN SANITARY AUTHORITY, OR ROSEWOOD ESTATES ROAD DISTRICT, OR ROW RIVER VALLEY WATER DISTRICT, OR RURAL ROAD ASSESSMENT DISTRICT #3, OR RURAL ROAD ASSESSMENT DISTRICT #4, OR SAINT LANDRY PARISH TOURIST COMMISSION SAINT MARY PARISH REC DISTRICT 2 SAINT MARY PARISH REC DISTRICT 3 SAINT TAMMANY FIRE DISTRICT 4, LA SALEM AREA MASS TRANSIT DISTRICT, OR
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SALEM MASS TRANSIT DISTRICT SALEM SUBURBAN R.F.P.D., OR SALISHAN SANITARY DISTRICT, OR SALMON RIVER PARK SPECIAL ROAD DISTRICT, OR SALMON RIVER PARK WATER IMPROVEMENT DISTRICT, OR SALMONBERRY TRAIL INTERGOVERNMENTAL AGENCY, OR SANDPIPER VILLAGE SPECIAL ROAD DISTRICT, OR SANDY DRAINAGE IMPROVEMENT COMPANY, OR SANDY R.F.P.D. #72, OR SANTA CLARA R.F.P.D., OR SANTA CLARA WATER DISTRICT, OR SANTIAM WATER CONTROL DISTRICT, OR SAUVIE ISLAND DRAINAGE IMPROVEMENT COMPANY, OR SAUVIE ISLAND VOLUNTEER FIRE DISTRICT #30J, OR SCAPPOOSE DRAINAGE IMPROVEMENT COMPANY, OR SCAPPOOSE PUBLIC LIBRARY DISTRICT, OR SCAPPOOSE R.F.P.D., OR SCIO R.F.P.D., OR SCOTTSBURG R.F.P.D., OR SEAL ROCK R.F.P.D., OR SEAL ROCK WATER DISTRICT, OR SEWERAGE AND WATER BOARD OF NEW ORLEANS, LA SHANGRI-LA WATER DISTRICT, OR SHASTA VIEW IRRIGATION DISTRICT, OR SHELLEY ROAD CREST ACRES WATER DISTRICT, OR SHERIDAN FIRE DISTRICT, OR SHERMAN COUNTY HEALTH DISTRICT, OR SHERMAN COUNTY S.W.C.D., OR SHORELINE SANITARY DISTRICT, OR SILETZ KEYS SANITARY DISTRICT, OR SILETZ R.F.P.D., OR SILVER FALLS LIBRARY DISTRICT, OR SILVER LAKE IRRIGATION DISTRICT, OR SILVER LAKE R.F.P.D., OR SILVER SANDS SPECIAL ROAD DISTRICT, OR SILVERTON R.F.P.D. NO. 2, OR SISTERS PARKS & RECREATION DISTRICT, OR SISTERS-CAMP SHERMAN R.F.P.D., OR SIUSLAW PUBLIC LIBRARY DISTRICT, OR SIUSLAW S.W.C.D., OR SIUSLAW VALLEY FIRE AND RESCUE, OR SIXES R.F.P.D., OR SKIPANON WATER CONTROL DISTRICT, OR SKYLINE VIEW DISTRICT IMPROVEMENT COMPANY, OR SLEEPY HOLLOW WATER DISTRICT, OR SMITH DITCH DISTRICT IMPROVEMENT COMPANY, OR SOUTH CLACKAMAS TRANSPORTATION DISTRICT, OR SOUTH COUNTY HEALTH DISTRICT, OR SOUTH FORK WATER BOARD, OR SOUTH GILLIAM COUNTY CEMETERY DISTRICT, OR SOUTH GILLIAM COUNTY HEALTH DISTRICT, OR SOUTH GILLIAM COUNTY R.F.P.D. VI-301, OR SOUTH LAFOURCHE LEVEE DISTRICT, LA SOUTH LANE COUNTY FIRE & RESCUE, OR SOUTH SANTIAM RIVER WATER CONTROL DISTRICT, OR SOUTH SHERMAN FIRE DISTRICT, OR SOUTH SUBURBAN SANITARY DISTRICT, OR
SOUTH WASCO PARK & RECREATION DISTRICT, OR SOUTHERN COOS HEALTH DISTRICT, OR SOUTHERN CURRY CEMETERY MAINTENANCE DISTRICT, OR SOUTHVIEW IMPROVEMENT DISTRICT, OR SOUTHWEST LINCOLN COUNTY WATER DISTRICT, OR SOUTHWESTERN POLK COUNTY R.F.P.D., OR SOUTHWOOD PARK WATER DISTRICT, OR SPECIAL ROAD DISTRICT #1, OR SPECIAL ROAD DISTRICT #8, OR SPRING RIVER SPECIAL ROAD DISTRICT, OR SPRINGFIELD UTILITY BOARD, OR ST. PAUL R.F.P.D., OR STANFIELD CEMETERY DISTRICT #6, OR STANFIELD IRRIGATION DISTRICT, OR STARR CREEK ROAD DISTRICT, OR STARWOOD SANITARY DISTRICT, OR STAYTON FIRE DISTRICT, OR SUBLIMITY FIRE DISTRICT, OR SUBURBAN EAST SALEM WATER DISTRICT, OR SUBURBAN LIGHTING DISTRICT, OR SUCCOR CREEK DISTRICT IMPROVEMENT COMPANY, OR SUMMER LAKE IRRIGATION DISTRICT, OR SUMMERVILLE CEMETERY MAINTENANCE DISTRICT, OR SUMNER R.F.P.D., OR SUN MOUNTAIN SPECIAL ROAD DISTRICT, OR SUNDOWN SANITATION DISTRICT, OR SUNFOREST ESTATES SPECIAL ROAD DISTRICT, OR SUNNYSIDE IRRIGATION DISTRICT, OR SUNRISE WATER AUTHORITY, OR SUNRIVER SERVICE DISTRICT, OR SUNSET EMPIRE PARK & RECREATION DISTRICT, OR SUNSET EMPIRE TRANSPORTATION DISTRICT, OR SURFLAND ROAD DISTRICT, OR SUTHERLIN VALLEY RECREATION DISTRICT, OR SUTHERLIN WATER CONTROL DISTRICT, OR
SWALLEY IRRIGATION DISTRICT, OR SWEET HOME CEMETERY MAINTENANCE DISTRICT, OR SWEET HOME FIRE & AMBULANCE DISTRICT, OR SWISSHOME-DEADWOOD R.F.P.D., OR TABLE ROCK DISTRICT IMPROVEMENT COMPANY, OR TALENT IRRIGATION DISTRICT, OR TANGENT R.F.P.D., OR TENMILE R.F.P.D., OR TERREBONNE DOMESTIC WATER DISTRICT, OR THE DALLES IRRIGATION DISTRICT, OR THOMAS CREEK-WESTSIDE R.F.P.D., OR THREE RIVERS RANCH ROAD DISTRICT, OR THREE SISTERS IRRIGATION DISTRICT, OR TIGARD TUALATIN AQUATIC DISTRICT, OR TIGARD WATER DISTRICT, OR TILLAMOOK BAY FLOOD IMPROVEMENT DISTRICT, OR TILLAMOOK COUNTY EMERGENCY COMMUNICATIONS DISTRICT, OR TILLAMOOK COUNTY S.W.C.D., OR TILLAMOOK COUNTY TRANSPORTATION DISTRICT, OR TILLAMOOK FIRE DISTRICT, OR TILLAMOOK P.U.D., OR TILLER R.F.P.D., OR
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TOBIN DITCH DISTRICT IMPROVEMENT COMPANY, OR TOLEDO R.F.P.D., OR TONE WATER DISTRICT, OR TOOLEY WATER DISTRICT, OR TRASK DRAINAGE DISTRICT, OR TRI CITY R.F.P.D. #4, OR TRI-CITY WATER & SANITARY AUTHORITY, OR TRI-COUNTY METROPOLITAN TRANSPORTATION DISTRICT OF OREGON TRIMET, OR TUALATIN HILLS PARK & RECREATION DISTRICT TUALATIN HILLS PARK & RECREATION DISTRICT, OR TUALATIN S.W.C.D., OR TUALATIN VALLEY FIRE & RESCUE TUALATIN VALLEY FIRE & RESCUE, OR TUALATIN VALLEY IRRIGATION DISTRICT, OR TUALATIN VALLEY WATER DISTRICT TUALATIN VALLEY WATER DISTRICT, OR TUMALO IRRIGATION DISTRICT, OR TURNER FIRE DISTRICT, OR TWIN ROCKS SANITARY DISTRICT, OR TWO RIVERS NORTH SPECIAL ROAD DISTRICT, OR TWO RIVERS S.W.C.D., OR TWO RIVERS SPECIAL ROAD DISTRICT, OR TYGH VALLEY R.F.P.D., OR TYGH VALLEY WATER DISTRICT, OR UMATILLA COUNTY FIRE DISTRICT #1, OR UMATILLA COUNTY S.W.C.D., OR UMATILLA COUNTY SPECIAL LIBRARY DISTRICT, OR UMATILLA HOSPITAL DISTRICT, OR UMATILLA R.F.P.D. #7-405, OR UMATILLA-MORROW RADIO AND DATA DISTRICT, OR UMPQUA S.W.C.D., OR UNION CEMETERY MAINTENANCE DISTRICT, OR UNION COUNTY SOLID WASTE DISPOSAL DISTRICT, OR UNION COUNTY VECTOR CONTROL DISTRICT, OR UNION GAP SANITARY DISTRICT, OR UNION GAP WATER DISTRICT, OR UNION HEALTH DISTRICT, OR UNION R.F.P.D., OR UNION S.W.C.D., OR UNITY COMMUNITY PARK & RECREATION DISTRICT, OR UPPER CLEVELAND RAPIDS ROAD DISTRICT, OR UPPER MCKENZIE R.F.P.D., OR UPPER WILLAMETTE S.W.C.D., OR VALE OREGON IRRIGATION DISTRICT, OR VALE RURAL FIRE PROTECTION DISTRICT, OR VALLEY ACRES SPECIAL ROAD DISTRICT, OR VALLEY VIEW CEMETERY MAINTENANCE DISTRICT, OR VALLEY VIEW WATER DISTRICT, OR VANDEVERT ACRES SPECIAL ROAD DISTRICT, OR VERNONIA R.F.P.D., OR VINEYARD MOUNTAIN PARK & RECREATION DISTRICT, OR VINEYARD MOUNTAIN SPECIAL ROAD DISTRICT, OR WALLA WALLA RIVER IRRIGATION DISTRICT, OR WALLOWA COUNTY HEALTH CARE DISTRICT, OR WALLOWA LAKE COUNTY SERVICE DISTRICT, OR WALLOWA LAKE IRRIGATION DISTRICT, OR WALLOWA LAKE R.F.P.D., OR
WALLOWA S.W.C.D., OR WALLOWA VALLEY IMPROVEMENT DISTRICT #1, OR WAMIC R.F.P.D., OR WAMIC WATER & SANITARY AUTHORITY, OR WARMSPRINGS IRRIGATION DISTRICT, OR WASCO COUNTY S.W.C.D., OR WATER ENVIRONMENT SERVICES, OR WATER WONDERLAND IMPROVEMENT DISTRICT, OR WATERBURY & ALLEN DITCH IMPROVEMENT DISTRICT, OR WATSECO-BARVIEW WATER DISTRICT, OR WAUNA WATER DISTRICT, OR WEDDERBURN SANITARY DISTRICT, OR WEST EAGLE VALLEY WATER CONTROL DISTRICT, OR WEST EXTENSION IRRIGATION DISTRICT, OR WEST LABISH DRAINAGE & WATER CONTROL IMPROVEMENT DISTRICT, OR WEST MULTNOMAH S.W.C.D., OR WEST SIDE R.F.P.D., OR WEST SLOPE WATER DISTRICT, OR WEST UMATILLA MOSQUITO CONTROL DISTRICT, OR WEST VALLEY FIRE DISTRICT, OR WESTERN HEIGHTS SPECIAL ROAD DISTRICT, OR WESTERN LANE AMBULANCE DISTRICT, OR WESTLAND IRRIGATION DISTRICT, OR WESTON ATHENA MEMORIAL HALL PARK & RECREATION DISTRICT, OR WESTON CEMETERY DISTRICT #2, OR WESTPORT FIRE AND RESCUE, OR WESTRIDGE WATER SUPPLY CORPORATION, OR WESTWOOD HILLS ROAD DISTRICT, OR WESTWOOD VILLAGE ROAD DISTRICT, OR WHEELER S.W.C.D., OR WHITE RIVER HEALTH DISTRICT, OR WIARD MEMORIAL PARK DISTRICT, OR WICKIUP WATER DISTRICT, OR
WILLAKENZIE R.F.P.D., OR WILLAMALANE PARK & RECREATION DISTRICT, OR WILLAMALANE PARK AND RECREATION DISTRICT WILLAMETTE HUMANE SOCIETY WILLAMETTE RIVER WATER COALITION, OR WILLIAMS R.F.P.D., OR WILLOW CREEK PARK DISTRICT, OR WILLOW DALE WATER DISTRICT, OR WILSON RIVER WATER DISTRICT, OR WINCHESTER BAY R.F.P.D., OR WINCHESTER BAY SANITARY DISTRICT, OR WINCHUCK R.F.P.D., OR WINSTON-DILLARD R.F.P.D., OR WINSTON-DILLARD WATER DISTRICT, OR WOLF CREEK R.F.P.D., OR WOOD RIVER DISTRICT IMPROVEMENT COMPANY, OR WOODBURN R.F.P.D. NO. 6, OR WOODLAND PARK SPECIAL ROAD DISTRICT, OR WOODS ROAD DISTRICT, OR WRIGHT CREEK ROAD WATER IMPROVEMENT DISTRICT, OR WY'EAST FIRE DISTRICT, OR YACHATS R.F.P.D., OR YAMHILL COUNTY TRANSIT AREA, OR YAMHILL FIRE PROTECTION DISTRICT, OR YAMHILL SWCD, OR YONCALLA PARK & RECREATION DISTRICT, OR
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YOUNGS RIVER-LEWIS & CLARK WATER DISTRICT, OR ZUMWALT R.F.P.D., OR
K-12 INCLUDING BUT NOT LIMITED TO:ACADIA PARISH SCHOOL BOARD BEAVERTON SCHOOL DISTRICT BEND-LA PINE SCHOOL DISTRICT BOGALUSA HIGH SCHOOL, LA BOSSIER PARISH SCHOOL BOARD BROOKING HARBOR SCHOOL DISTRICT CADDO PARISH SCHOOL DISTRICT CALCASIEU PARISH SCHOOL DISTRICT CANBY SCHOOL DISTRICT CANYONVILLE CHRISTIAN ACADEMY CASCADE SCHOOL DISTRICT CASCADES ACADEMY OF CENTRAL OREGON CENTENNIAL SCHOOL DISTRICT CENTRAL CATHOLIC HIGH SCHOOL CENTRAL POINT SCHOOL DISTRICT NO.6 CENTRAL SCHOOL DISTRICT 13J COOS BAY SCHOOL DISTRICT NO.9 CORVALLIS SCHOOL DISTRICT 509J COUNTY OF YAMHILL SCHOOL DISTRICT 29 CULVER SCHOOL DISTRICT DALLAS SCHOOL DISTRICT NO.2 DAVID DOUGLAS SCHOOL DISTRICT DAYTON SCHOOL DISTRICT NO.8 DE LA SALLE N CATHOLIC HS DESCHUTES COUNTY SCHOOL DISTRICT NO.6 DOUGLAS EDUCATIONAL DISTRICT SERVICE DUFUR SCHOOL DISTRICT NO.29 EAST BATON ROUGE PARISH SCHOOL DISTRICT ESTACADA SCHOOL DISTRICT NO.10B FOREST GROVE SCHOOL DISTRICT GEORGE MIDDLE SCHOOL GLADSTONE SCHOOL DISTRICT GRANTS PASS SCHOOL DISTRICT 7 GREATER ALBANY PUBLIC SCHOOL DISTRICT GRESHAM BARLOW JOINT SCHOOL DISTRICT HEAD START OF LANE COUNTY HIGH DESERT EDUCATION SERVICE DISTRICT HILLSBORO SCHOOL DISTRICT HOOD RIVER COUNTY SCHOOL DISTRICT JACKSON CO SCHOOL DIST NO.9 JEFFERSON COUNTY SCHOOL DISTRICT 509-J JEFFERSON PARISH SCHOOL DISTRICT JEFFERSON SCHOOL DISTRICT JUNCTION CITY SCHOOLS, OR KLAMATH COUNTY SCHOOL DISTRICT KLAMATH FALLS CITY SCHOOLS LAFAYETTE PARISH SCHOOL DISTRICT LAKE OSWEGO SCHOOL DISTRICT 7J LANE COUNTY SCHOOL DISTRICT 4J LINCOLN COUNTY SCHOOL DISTRICT LINN CO. SCHOOL DIST. 95C LIVINGSTON PARISH SCHOOL DISTRICT LOST RIVER JR/SR HIGH SCHOOL LOWELL SCHOOL DISTRICT NO.71 SALEM-KEIZER PUBLIC SCHOOLS 24J MARION COUNTY SCHOOL DISTRICT 103 MARIST HIGH SCHOOL, OR MCMINNVILLE SCHOOL DISTRICT NOAO MEDFORD SCHOOL DISTRICT 549C MITCH CHARTER SCHOOL MONROE SCHOOL DISTRICT NO.1J MORROW COUNTY SCHOOL DIST, OR MULTNOMAH EDUCATION SERVICE DISTRICT
MULTISENSORY LEARNING ACADEMY MYRTLE PINT SCHOOL DISTRICT 41 NEAH-KAH-NIE DISTRICT NO.56 NEWBERG PUBLIC SCHOOLS NESTUCCA VALLEY SCHOOL DISTRICT NO.101 NOBEL LEARNING COMMUNITIES NORTH BEND SCHOOL DISTRICT 13 NORTH CLACKAMAS SCHOOL DISTRICT NORTH DOUGLAS SCHOOL DISTRICT NORTH WASCO CITY SCHOOL DISTRICT 21 NORTHWEST REGIONAL EDUCATION SERVICE DISTRICT ONTARIO MIDDLE SCHOOL OREGON TRAIL SCHOOL DISTRICT NOA6 ORLEANS PARISH SCHOOL DISTRICT PHOENIX-TALENT SCHOOL DISTRICT NOA PLEASANT HILL SCHOOL DISTRICT PORTLAND JEWISH ACADEMY PORTLAND PUBLIC SCHOOLS RAPIDES PARISH SCHOOL DISTRICT REDMOND SCHOOL DISTRICT REYNOLDS SCHOOL DISTRICT ROGUE RIVER SCHOOL DISTRICT ROSEBURG PUBLIC SCHOOLS SCAPPOOSE SCHOOL DISTRICT 1J SAINT TAMMANY PARISH SCHOOL BOARD, LA SEASIDE SCHOOL DISTRICT 10 SHERWOOD SCHOOL DISTRICT 88J SILVER FALLS SCHOOL DISTRICT 4J SOUTH LANE SCHOOL DISTRICT 45J3 SOUTHERN OREGON EDUCATION SERVICE DISTRICT SPRINGFIELD PUBLIC SCHOOLS SUTHERLIN SCHOOL DISTRICT SWEET HOME SCHOOL DISTRICT NO.55 TERREBONNE PARISH SCHOOL DISTRICT THE CATLIN GABEL SCHOOL TIGARD-TUALATIN SCHOOL DISTRICT UMATILLA MORROW ESD WEST LINN WILSONVILLE SCHOOL DISTRICT
WILLAMETTE EDUCATION SERVICE DISTRICT WOODBURN SCHOOL DISTRICT YONCALLA SCHOOL DISTRICT ACADEMY FOR MATH ENGINEERING & SCIENCE (AMES), UT ALIANZA ACADEMY, UT ALPINE DISTRICT, UT AMERICAN LEADERSHIP ACADEMY, UT AMERICAN PREPARATORY ACADEMY, UT BAER CANYON HIGH SCHOOL FOR SPORTS & MEDICAL SCIENCES, UT BEAR RIVER CHARTER SCHOOL, UT BEAVER SCHOOL DISTRICT, UT BEEHIVE SCIENCE & TECHNOLOGY ACADEMY (BSTA) , UT BOX ELDER SCHOOL DISTRICT, UT CBA CENTER, UT CACHE SCHOOL DISTRICT, UT CANYON RIM ACADEMY, UT CANYONS DISTRICT, UT CARBON SCHOOL DISTRICT, UT CHANNING HALL, UT CHARTER SCHOOL LEWIS ACADEMY, UT CITY ACADEMY, UT DAGGETT SCHOOL DISTRICT, UT DAVINCI ACADEMY, UT DAVIS DISTRICT, UT DUAL IMMERSION ACADEMY, UT
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DUCHESNE SCHOOL DISTRICT, UT EARLY LIGHT ACADEMY AT DAYBREAK, UT EAST HOLLYWOOD HIGH, UT EDITH BOWEN LABORATORY SCHOOL, UT EMERSON ALCOTT ACADEMY, UT EMERY SCHOOL DISTRICT, UT ENTHEOS ACADEMY, UT EXCELSIOR ACADEMY, UT FAST FORWARD HIGH, UT FREEDOM ACADEMY, UT GARFIELD SCHOOL DISTRICT, UT GATEWAY PREPARATORY ACADEMY, UT GEORGE WASHINGTON ACADEMY, UT GOOD FOUNDATION ACADEMY, UT GRAND SCHOOL DISTRICT, UT GRANITE DISTRICT, UT GUADALUPE SCHOOL, UT HAWTHORN ACADEMY, UT INTECH COLLEGIATE HIGH SCHOOL, UT IRON SCHOOL DISTRICT, UT ITINERIS EARLY COLLEGE HIGH, UT JOHN HANCOCK CHARTER SCHOOL, UT JORDAN DISTRICT, UT JUAB SCHOOL DISTRICT, UT KANE SCHOOL DISTRICT, UT KARL G MAESER PREPARATORY ACADEMY, UT LAKEVIEW ACADEMY, UT LEGACY PREPARATORY ACADEMY, UT LIBERTY ACADEMY, UT LINCOLN ACADEMY, UT LOGAN SCHOOL DISTRICT, UT MARIA MONTESSORI ACADEMY, UT MERIT COLLEGE PREPARATORY ACADEMY, UT MILLARD SCHOOL DISTRICT, UT MOAB CHARTER SCHOOL, UT MONTICELLO ACADEMY, UT MORGAN SCHOOL DISTRICT, UT MOUNTAINVILLE ACADEMY, UT MURRAY SCHOOL DISTRICT, UT NAVIGATOR POINTE ACADEMY, UT NEBO SCHOOL DISTRICT, UT NO UT ACAD FOR MATH ENGINEERING & SCIENCE (NUAMES), UT NOAH WEBSTER ACADEMY, UT NORTH DAVIS PREPARATORY ACADEMY, UT NORTH SANPETE SCHOOL DISTRICT, UT NORTH STAR ACADEMY, UT NORTH SUMMIT SCHOOL DISTRICT, UT ODYSSEY CHARTER SCHOOL, UT OGDEN PREPARATORY ACADEMY, UT OGDEN SCHOOL DISTRICT, UT OPEN CLASSROOM, UT OPEN HIGH SCHOOL OF UTAH, UT OQUIRRH MOUNTAIN CHARTER SCHOOL, UT PARADIGM HIGH SCHOOL, UT PARK CITY SCHOOL DISTRICT, UT PINNACLE CANYON ACADEMY, UT PIUTE SCHOOL DISTRICT, UT PROVIDENCE HALL, UT PROVO SCHOOL DISTRICT, UT QUAIL RUN PRIMARY SCHOOL, UT QUEST ACADEMY, UT RANCHES ACADEMY, UT REAGAN ACADEMY, UT RENAISSANCE ACADEMY, UT RICH SCHOOL DISTRICT, UT ROCKWELL CHARTER HIGH SCHOOL, UT SALT LAKE ARTS ACADEMY, UT
SALT LAKE CENTER FOR SCIENCE EDUCATION, UT SALT LAKE SCHOOL DISTRICT, UT SALT LAKE SCHOOL FOR THE PERFORMING ARTS, UT SAN JUAN SCHOOL DISTRICT, UT SEVIER SCHOOL DISTRICT, UT SOLDIER HOLLOW CHARTER SCHOOL, UT SOUTH SANPETE SCHOOL DISTRICT, UT SOUTH SUMMIT SCHOOL DISTRICT, UT SPECTRUM ACADEMY, UT SUCCESS ACADEMY, UT SUCCESS SCHOOL, UT SUMMIT ACADEMY, UT SUMMIT ACADEMY HIGH SCHOOL, UT SYRACUSE ARTS ACADEMY, UT THOMAS EDISON - NORTH, UT TIMPANOGOS ACADEMY, UT TINTIC SCHOOL DISTRICT, UT TOOELE SCHOOL DISTRICT, UT TUACAHN HIGH SCHOOL FOR THE PERFORMING ARTS, UT UINTAH RIVER HIGH, UT UINTAH SCHOOL DISTRICT, UT UTAH CONNECTIONS ACADEMY, UT UTAH COUNTY ACADEMY OF SCIENCE, UT UTAH ELECTRONIC HIGH SCHOOL, UT UTAH SCHOOLS FOR DEAF & BLIND, UT UTAH STATE OFFICE OF EDUCATION, UT UTAH VIRTUAL ACADEMY, UT VENTURE ACADEMY, UT VISTA AT ENTRADA SCHOOL OF PERFORMING ARTS AND TECHNOLOGY, UT WALDEN SCHOOL OF LIBERAL ARTS, UT WASATCH PEAK ACADEMY, UT WASATCH SCHOOL DISTRICT, UT WASHINGTON SCHOOL DISTRICT, UT WAYNE SCHOOL DISTRICT, UT WEBER SCHOOL DISTRICT, UT WEILENMANN SCHOOL OF DISCOVERY, UT HIGHER EDUCATION ARGOSY UNIVERSITY BATON ROUGE COMMUNITY COLLEGE, LA BIRTHINGWAY COLLEGE OF MIDWIFERY BLUE MOUNTAIN COMMUNITY COLLEGE BRIGHAM YOUNG UNIVERSITY - HAWAII CENTRAL OREGON COMMUNITY COLLEGE CENTENARY COLLEGE OF LOUISIANA CHEMEKETA COMMUNITY COLLEGE CLACKAMAS COMMUNITY COLLEGE COLLEGE OF THE MARSHALL ISLANDS COLUMBIA GORGE COMMUNITY COLLEGE CONCORDIA UNIVERSITY GEORGE FOX UNIVERSITY KLAMATH COMMUNITY COLLEGE DISTRICT LANE COMMUNITY COLLEGE LEWIS AND CLARK COLLEGE LINFIELD COLLEGE LINN-BENTON COMMUNITY COLLEGE LOUISIANA COLLEGE, LA LOUISIANA STATE UNIVERSITY LOUISIANA STATE UNIVERSITY HEALTH SERVICES MARYLHURST UNIVERSITY MT. HOOD COMMUNITY COLLEGE MULTNOMAH BIBLE COLLEGE NATIONAL COLLEGE OF NATURAL MEDICINE NORTHWEST CHRISTIAN COLLEGE OREGON HEALTH AND SCIENCE UNIVERSITY
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OREGON INSTITUTE OF TECHNOLOGY OREGON STATE UNIVERSITY OREGON UNIVERSITY SYSTEM PACIFIC UNIVERSITY PIONEER PACIFIC COLLEGE PORTLAND COMMUNITY COLLEGE PORTLAND STATE UNIVERSITY REED COLLEGE RESEARCH CORPORATION OF THE UNIVERSITY OF HAWAII ROGUE COMMUNITY COLLEGE SOUTHEASTERN LOUISIANA UNIVERSITY SOUTHERN OREGON UNIVERSITY (OREGON UNIVERSITY SYSTEM) SOUTHWESTERN OREGON COMMUNITY COLLEGE TULANE UNIVERSITY TILLAMOOK BAY COMMUNITY COLLEGE UMPQUA COMMUNITY COLLEGE UNIVERSITY OF HAWAII BOARD OF REGENTS UNIVERSITY OF HAWAII-HONOLULU COMMUNITY COLLEGE UNIVERSITY OF OREGON-GRADUATE SCHOOL UNIVERSITY OF PORTLAND UNIVERSITY OF NEW ORLEANS WESTERN OREGON UNIVERSITY WESTERN STATES CHIROPRACTIC COLLEGE WILLAMETTE UNIVERSITY XAVIER UNIVERSITY UTAH SYSTEM OF HIGHER EDUCATION, UT UNIVERSITY OF UTAH, UT UTAH STATE UNIVERSITY, UT WEBER STATE UNIVERSITY, UT SOUTHERN UTAH UNIVERSITY, UT SNOW COLLEGE, UT DIXIE STATE COLLEGE, UT COLLEGE OF EASTERN UTAH, UT UTAH VALLEY UNIVERSITY, UT SALT LAKE COMMUNITY COLLEGE, UT UTAH COLLEGE OF APPLIED TECHNOLOGY, UT STATE AGENCIES ADMIN. SERVICES OFFICE BOARD OF MEDICAL EXAMINERS HAWAII CHILD SUPPORT ENFORCEMENT AGENCY HAWAII DEPARTMENT OF TRANSPORTATION HAWAII HEALTH SYSTEMS CORPORATION OFFICE OF MEDICAL ASSISTANCE PROGRAMS OFFICE OF THE STATE TREASURER OREGON BOARD OF ARCHITECTS OREGON CHILD DEVELOPMENT COALITION OREGON DEPARTMENT OF EDUCATION OREGON DEPARTMENT OF FORESTRY OREGON DEPT OF TRANSPORTATION OREGON DEPT. OF EDUCATION OREGON LOTTERY OREGON OFFICE OF ENERGY OREGON STATE BOARD OF NURSING OREGON STATE DEPT OF CORRECTIONS OREGON STATE POLICE OREGON TOURISM COMMISSION OREGON TRAVEL INFORMATION COUNCIL SANTIAM CANYON COMMUNICATION CENTER SEIU LOCAL 503, OPEU SOH- JUDICIARY CONTRACTS AND PURCH STATE DEPARTMENT OF DEFENSE, STATE OF HAWAII STATE OF HAWAII STATE OF HAWAII, DEPT. OF EDUCATION
STATE OF LOUISIANA STATE OF LOUISIANA DEPT. OF EDUCATION STATE OF LOUISIANA, 26TH JUDICIAL DISTRICT ATTORNEY STATE OF UTAH HEART OF APPALACHIA REGION (VIRGINIA) to include: CITIES & TOWNS
Bluefield, VA
Grundy, VA
Norton, VA
Town of Tazewell, VA
Big Stone Gap, VA
Clintwood, VA
St. Paul, VA
COUNTIES
Buchanan County, VA
Dickenson County, VA
Lee County, VA
Russell County, VA
Scott County, VA
Tazewell County, VA
Wise County, VA
BLUE RIDGE HIGHLANDS REGION (VIRGINA) to include:
CITIES & TOWNS
Abingdon, VA
Blacksburg, VA
Bristol, VA
Christiansburg, VA
Damascus, VA
Galax, VA
Marion, VA
Pulaski, VA
Radford, VA
Wytheville, VA
COUNTIES
Bland County, VA
Carroll County, VA
Floyd County, VA
Giles County, VA
Grayson County, VA
Montgomery County, VA
Patrick County, VA
Pulaski County, VA
Smyth County, VA
Washington County, VA
Wythe County, VA
CENTRAL VIRGINIA REGION (VIRGINA) to include:
CITIES & TOWNS COUNTIES
Appomattox, VA Albemarie County, VA
Ashland, VA Amelia County, VA
Blackstone, VA Amherst County, VA
Charlottesville, VA Appomattox County, VA
Colonial Heights, VA Buckingham County, VA
Chester, VA Campbell County, VA
Farmville, VA Chesterfield County, VA
Hopewell, VA Cumberland County, VA
Lynchburg, VA Dinwiddie County, VA
Petersburg, VA Fluvanna County, VA
Richmond, VA Goochland County, VA
Scottsville, VA Greene County, VA
Wintergreen, VA Hanover County, VA
Henrico County, VA
Louisa County, VA
Madison County, VA
Nelson County, VA
Nottoway County, VA
Orange County, VA
Powhatan County, VA
Prince Edward County, VA
Prince George County, VA
Sussex County, VA
TIDEWATER REGION (WHICH ALSO INCLUDES THE CHESAPEAKE BAY REGION) (VIRGINA) to include:
CITIES & TOWNS COUNTIES
Kilmarnock, VA Middlesex County, VA
Warsaw, VA Lancaster County, VA
Urbanna, VA Northumberland County, VA
West Point, VA Richmond County, VA
Colonial Beach, VA King William County, VA
Tappahannock, VA King & Queen County, VA
Gloucester, VA Mathews County, VA
Irvington, VA Westmoreland County, VA
Essex County, VA
Gloucester County, VA
King George County, VA
COASTAL VIRGINIA - EASTERN SHORE REGION (VIRGINA) to include:
CITIES & TOWNS COUNTIES
Accomac, VA Northampton County, VA
Cape Charles, VA Accomack County, VA
Chincoteague Island, VA
Exmore, VA
Onanock, VA
Tangier Island, VA
Wachapreague, VA
Tidewater COASTAL VIRGINIA - HAMPTON ROADS REGION (VIRGINA) to include:
CITIES & TOWNS COUNTIES
Charles City, VA Charles City County, VA
Chesapeake, VA Isle of Wight County, VA
Franklin, VA James City County, VA
Hampton, VA New Kent County, VA
Newport News, VA Southampton County, VA
Norfolk, VA Surry County, VA
Poquoson, VA York County, VA
Portsmouth, VA
Smithfield, VA
Suffolk, VA
Virginia Beach, VA
Williamsburg, VA
Yorktown, VA
NORTHERN VIRGNIA REGION (VIRGINA) to include:
CITIES & TOWNS COUNTIES
Alexandria, VA Rappanhannock County, VA
Arlington, VA Fauquier County, VA
Centreville, VA Stafford County, VA
Chantilly, VA Spotsylvania County, VA
Clifton, VA Caroline County, VA
Culpeper, VA Prince William County, VA
Dulles, VA Fairfax County, VA
Falls Church, VA Loudoun County, VA
Fairfax, VA Culpeper County, VA
Fredericksburg, VA
Herndon, VA
Leesburg, VA
Lorton, VA
Manassas Park, VA
Manassas, VA
Marshall, VA
McLean, VA
Middleburg, VA
Occoquan, VA
Purcellville, VA
Reston, VA
Spotsylvania, VA
Springfield, VA
Triangle, VA
Vienna, VA
Warrenton, VA
Woodbridge, VA
Washington, VA
SHENANDOAH VALLEY REGION (VIRGINA) to include:
CITIES & TOWNS
Berryville, VA Shenandoah, VA
Buena Vista, VA Staunton, VA
Front Royal, VA Waynesboro, VA
Harrisonburg, VA Winchester, VA
Lexington, VA
Luray, VA
Natural Bridge VA
COUNTIES
Augusta County, VA
Clarke County, VA
Frederick County, VA
Page County, VA
Rockbridge County, VA
Rockingham County, VA
Shenandoah County, VA
Warren County, VA
SOUTHERN VIRGINIA (VIRGINA) to include: CITIES & TOWNS COUNTIES
Danville, VA Brunswick County, VA
Emporia, VA Charlotte County, VA
Martinsville, VA Greensville County, VA
South Boston, VA Henry County, VA
South Hill, VA Halifax County, VA
Clarksville, VA Lunenburg County, VA
Mecklenburg County, VA
Pittsylvania County, VA
VIRGINIA MOUNTAINS REGION (VIRGINA) to include:
CITIES & TOWNS COUNTIES
Bedford, VA Alleghany County, VA
Buchanan, VA Bath County, VA
Clifton Forge, VA Bedford County, VA
Covington, VA Botetourt County, VA
Fincastle, VA Craig County, VA
Hot Springs, VA Franklin County, VA
New Castle, VA Highland County, VA
Roanoke, VA Roanoke County, VA
Rocky Mount, VA
Salem, VA
Troutville, VA
Vinton, VA
Warm Springs, VA
SCHOOL DISTRICTS (VIRGINA) to include:
Accomack County Public Schools, VA Lunenburg County Public Schools, VA
Albemarle County Public Schools, VA Lynchburg City Public Schools, VA
Alexandria City Public Schools, VA Madison County Public Schools, VA
Alleghany County Public Schools, VA Manassas City Public Schools, VA
Amelia County Public Schools, VA Manassas Park City Public Schools, VA
Amherst County Public Schools, VA Martinsville City Public Schools, VA
Appomattox County Public Schools, VA Mathews County Public Schools, VA
Arlington Public Schools, VA Mecklenburg County Public Schools, VA
Augusta County Public Schools, VA Middlesex County Public Schools, VA
Bath County Public Schools, VA Montgomery County Public Schools, VA
Bedford City Public Schools, VA Nelson County Public Schools, VA
Bedford County Public Schools, VA New Kent County Public Schools, VA
Bland County Public Schools, VA Newport News Public Schools, VA
Botetourt County Public Schools, VA Norfolk Public Schools, VA
Bristol Public Schools, VA Northampton County Public Schools, VA
Brunswick County Public Schools, VA Northumberland County Public Schools, VA
Buchanan County Public Schools, VA Norton City Schools, VA
Buckingham County Public Schools, VA Nottoway County Public Schools, VA
Buena Vista City Public Schools, VA Orange County Public Schools, VA
Campbell County Public Schools, VA Page County Public Schools, VA
Caroline County Public Schools, VA Patrick County Public Schools, VA
Carroll County Public Schools, VA Petersburg City Public Schools, VA
Charles City County Public Schools, VA Pittsylvania County Public Schools, VA
Charlotte County Public Schools, VA Poquoson City Public Schools, VA
Charlottesville City Schools, VA Portsmouth Public Schools, VA
Chesapeake Public Schools, VA Powhatan County Public Schools, VA
Chesterfield County Public Schools, VA Prince Edward County Public Schools, VA
Clarke County Public Schools, VA Prince George County Public Schools, VA
Colonial Beach Public Schools, VA Prince William County Public Schools, VA
Colonial Heights Public Schools, VA Pulaski County Public Schools, VA
Covington City Public Schools, VA Radford City Schools, VA
Craig County Public Schools, VA Rappahannock County Public Schools, VA
Culpeper County Public Schools, VA Richmond County Public Schools, VA
Cumberland County Public Schools, VA Richmond Public Schools, VA
Danville Public Schools, VA Roanoke City Public Schools, VA
Dickenson County Public Schools, VA Roanoke County Public Schools, VA
Dinwiddie County Public Schools, VA Rockbridge County Public Schools, VA
Essex County Public Schools, VA Rockingham County Public Schools, VA
Fairfax County Public Schools, VA Russell County Public Schools, VA
Falls Church City Public Schools, VA Salem City Schools, VA
Fauquier County Public Schools, VA Scott County Public Schools, VA
Floyd County Public Schools, VA Shenandoah County Public Schools, VA
Fluvanna County Public Schools, VA Smyth County Public Schools, VA
Franklin City Public Schools, VA Southampton County Public Schools, VA
Franklin County Public Schools, VA Spotsylvania County Public Schools, VA
Frederick County Public Schools, VA Stafford County Public Schools, VA
Fredericksburg City Schools, VA Staunton City Public Schools, VA
Galax City Public Schools, VA Suffolk Public Schools, VA
Giles County Public Schools, VA Surry County Public Schools, VA
Gloucester County Public Schools, VA Sussex County Public Schools, VA
Goochland County Public Schools, VA Tazewell County Public Schools, VA
Grayson County Public Schools, VA Virginia Beach City Public Schools, VA
Greene County Public Schools, VA Warren County Public Schools, VA
Greensville County Public Schools, VA Winchester Public Schools, VA
Halifax County Public Schools, VA Wise County Public Schools, VA
Hampton City Schools, VA Wythe County Public Schools, VA
Hanover County Public Schools, VA York County School Division, VA
Harrisonburg City Public Schools, VA
Henrico County Public Schools, VA
Henry County Public Schools, VA
Highland County Public Schools, VA
Hopewell City Public Schools, VA
Isle of Wight County Public Schools, VA
King and Queen County Public Schools, VA
King George County Public Schools, VA
King William County Public Schools, VA
Lancaster County Public Schools, VA
Lee County Public Schools, VA
Lexington City Schools, VA
Loudoun County Public Schools, VA
Louisa County Public Schools, VA
Washington County Public Schools, VA
Waynesboro Public Schools, VA
Westmoreland County Public Schools, VA
West Point Public Schools, VA
Williamsburg-James City County Public Schools, VA
Attachment E – No Bid Form
Contractors who do no wish to bid do not need to return the entire bid package. Simply
return this form to Racine County through Duane McKinney, Purchasing Manager at:
Duane.McKinney@racinecounty.com
STATEMENT OF NO BID
SEALED BID NUMBER X
HVAC Products, Installation, Labor Based Solutions, and Related Products and Services
I do not wish to submit a bid on this solicitation.
_______________________________ _______________________________
Contractor Representative
Please indicate the reason(s) for your decision not to bid:
August 4, 2022
Mr. Greg Spencer
Trane U.S. Inc. 800 Beaty Street Davidson, NC 28036-6924 Dear Mr. Spencer:
On behalf of Racine County, I would like to formally congratulate Trane U.S. Inc. on being
selected to provide HVAC Products, Installation, Labor Based Solutions and Related Product and Services for Racine County and other municipal governments and local public agencies.
Racine County is in the process of preparing a contract to be signed by the required
representatives of Racine County and Trane U.S. Inc. Shortly, a draft contract will be forwarded for your review. Upon completion, the final contract will be forwarded for your signature.
Again, congratulations on the award.
If you have any questions, please feel free to contact me at (262) 636-3700. Sincerely, Duane McKinney
Purchasing Manager
Duane McKinney
Purchasing Coordinator 730 Wisconsin Avenue Racine, WI 53403 262-636-3700 fax: 262-636-3763 duane.mckinney@racinecounty.com
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#23-0498
Agenda Date: 5/1/2023 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Solid Waste/General Services
Agenda Number: 8.3
SUBJECT/RECOMMENDATION:
Declare list of vehicles and equipment surplus and authorize disposal through auction pursuant
to Clearwater Code of Ordinances Section 2.623(6) and (8) and authorize the appropriate
officials to execute same. (consent)
SUMMARY:
On August 4, 2022, Council approved the Vehicle Replacement List for fiscal year 2023,
authorizing purchase of replacement vehicles and equipment. This agenda item is requesting
Council to declare surplus the vehicles and equipment detailed to be replaced per the list and
authorize disposal via auction through Tampa Machinery Auction of Tampa, FL pursuant to
Section 2.623(6). Tampa Machinery Auction was competitively solicited by Pinellas County
under Contract No. 190-0534-R(JJ) valid through November 17, 2027. These vehicles and
equipment have reached the end of their useful and economic life. Factors used to determine
the end of useful and economic life include, but are not limited to: age, life to date,
mileage/hours of operation, historical maintenance cost as compared to like vehicles, operating
cost per mile/hour, anticipated and ongoing repairs, and physical condition. Additionally, Fleet
will continue to bring forward agenda items for vehicles and equipment from the 2022/23
Vehicle Replacement List as their replacements are deemed road ready.
Page 1 City of Clearwater Printed on 4/24/2023
ITEM #ASSET #YEAR DESCRIPTION SERIAL NUMBER MILEAGE SURPLUS / DISPOSAL REPLACED BY COMMENTS
1 G2073 1999 EZGO 1182504 640HR AGE/MILEAGE/CONDITION G5341
2 G2125 1999 FORD E250 1FTNS24LXXHB42450 26899MI AGE/MILEAGE/CONDITION G4316
3 G2454 2001 BLUEBIRD CSFE3904 1BDJNCP76YFO92649 16009MI AGE/CONDITION XXX
4 G2634 2003 CAT 416D BACK HOE PBFP07022 XX AGE/MILEAGE/CONDITION NONE
5 G3234 2002 EZ GO 2174779 755HR AGE/MILEAGE/CONDITION G5316
6 G3302 2007 FORD CROWN VIC 2FAFP71W27X155099 76082MI AGE/MILEAGE/CONDITION XXX
7 G3873 2007 MAJIC TILT TRAILER W\3980 TALS2682 1M5BA262471E20232 XX AGE/MILEAGE/CONDITION XXX
8 G3978 2013 BROYHILL LOAD AND PACK 1307169-5.13 2327HR AGE/MILEAGE/CONDITION G5287
9 G4036 2014 FORD FUSION 3FA6P0G78ER318910 76007MI AGE/MILEAGE/CONDITION G5286
10 G4172 2015 CLUB CAR CARRY ALL RF1539-590147 3391HR AGE/MILEAGE/CONDITION G4916
11 G4364 2017 WORKMAN HD ACG 316000221 2850HR AGE/MILEAGE/CONDITION G5280
12 G4623 2018 POLARIS RANGER 570 3NSRMA574JE223185 850HR AGE/MILEAGE/CONDITION G5222
13 G4782 2018 BROYHILL LOAD AND PACK 1901202-5.13 2176HR AGE/MILEAGE/CONDITION G5288
14 G4899 2020 POLARIS CART 4XATAE997L8000194 2327HR AGE/MILEAGE/CONDITION G5311
15 G4901 2020 HONDA TRIAX ATV 1HFTE46E714500443 5304 MI AGE/MILEAGE/CONDITION G5322
16 G3445 2008 Toro Workman 270000748 2921 AGE/MILEAGE/CONDITION G4418
MAY 2023 Fleet Surplus for Next Auction
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#23-0522
Agenda Date: 5/1/2023 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: City Clerk
Agenda Number: 9.1
SUBJECT/RECOMMENDATION:
Appoint Francis Bugaj to the Marine Advisory Board with a term to expire May 31, 2027.
(consent)
SUMMARY:
BOARD: Marine Advisory Board
TERM: 4 years
APPOINTED BY: City Council
FINANCIAL DISCLOSURE: Not Required
RESIDENCY REQUIREMENT: City of Clearwater
SPECIAL QUALIFICATIONS: None
MEMBERS: 7 + 1 Ex Officio
MEETING DATES: 2nd Wed., 8 am (Quarterly)
PLACE: Main Library
APPTS. NEEDED: 1
THE FOLLOWING ADVISORY BOARD MEMBER HAS A TERM WHICH EXPIRED AND NOW
REQUIRES REPLACEMENT BY A NEW APPOINTEE:
1.Julie Battaglia - 2670 Barksdale Ct., 33761
Original Appointment: 2/3/22
(was serving an unexpired term set to expire 5/31/23; not interested in reappointment)
THE NAME BELOW ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE
VACANCY:
1. Francis Bugaj - 1621 Gulf Blvd. Unit 101, 33767 - Retired Business Owner
Zip codes of current members on board:
1 at 33755
2 at 33756
1 at 33759
2 at 33761
1 at 33767
1 at 33786
Page 1 City of Clearwater Printed on 4/24/2023
File Number: ID#23-0522
Page 2 City of Clearwater Printed on 4/24/2023
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#23-0528
Agenda Date: 5/1/2023 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: City Clerk
Agenda Number: 9.2
SUBJECT/RECOMMENDATION:
Appoint Linda Byars to the Neighborhood and Affordable Housing Advisory Board with a term to
expire May 31, 2027. (consent)
SUMMARY:
BOARD: Neighborhood and Affordable Housing Advisory Board (NAHAB)
TERM: 4 years
APPOINTED BY: City Council
FINANCIAL DISCLOSURE: Not Required
RESIDENCY REQUIREMENT: N/A (See Special Qualifications)
MEMBERS: 7
CHAIR: Kevin Chinault
MEETING DATE: 2nd Tues. most months
PLACE: Main Library/Council Chambers
STAFF LIAISON: Chuck Lane
APPTS. NEEDED: 2
SPECIAL QUALIFICATIONS: Board to have 1 member in each: Real Estate Professional in
Connection with Affordable Housing; Clearwater Resident; Residential Home Building Industry;
Advocate for Low Income Housing; Not-For-Profit Provider of Affordable Housing;
Banking/Mortgage Industry; Employer’s Representative.
THE FOLLOWING ADVISORY BOARD MEMBERS HAD A TERM WHICH EXPIRED AND
NOW REQUIRE REPLACEMENT BY A NEW APPOINTEE:
1. Peter Scalia - 1345 Park St., 33756
Original Appointment: 6/7/18
(was serving 1st term set to expire 5/31/23)
Category: Citizen who is actively engaged as an advocate for low-income persons in
connection with affordable housing
THE NAME BELOW IS BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE
VACANCY:
Page 1 City of Clearwater Printed on 4/24/2023
File Number: ID#23-0528
1.Linda Byars - 1726 Marion St., 33756 - Finance & Rehabilitation Manager
Category: Citizen who is actively engaged as an advocate for low-income
persons in connection with affordable housing
Zip codes of current members:
1 - 33703
1 - 33706
1 - 33755
2 - 33756
1 - 33774
1 - 34222
Current Special Qualifications:
1 citizen actively engaged in the residential home building industry in connection with affordable
housing
1 citizen who resides within the City of Clearwater
1 citizen actively engaged as a real estate professional in connection with affordable housing
1 citizen actively engaged as an advocate for low-income persons in connection with affordable
housing
1 citizen actively engaged as a not-for-profit provider of affordable housing
1 citizen who represents employers within the City of Clearwater
Page 2 City of Clearwater Printed on 4/24/2023
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#23-0550
Agenda Date: 5/1/2023 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: City Clerk
Agenda Number: 9.3
SUBJECT/RECOMMENDATION:
Appoint Muhammad Abdur-Rahim to the Brownfields Advisory Board, as the resident
representative, with a term to expire May 4, 2027. (consent)
SUMMARY:
APPOINTMENT WORKSHEET
BOARD: Brownfields Advisory Board
TERM: 4 years
FINANCIAL DISCLOSURE: Not Required
RESIDENCY REQUIREMENT: Not Required
SPECIAL QUALIFICATIONS: Three members shall be Clearwater residents who live within or
adjacent to the Brownfields area. Three members shall be owners or representatives of a
business operating in the Brownfields area. Three members shall be representatives of
federal/state agency/local government involved with Brownfields remediation process within
Pinellas County.
MEMBERS: 9
CHAIR: Mark Parry
MEETING DATES: Meets as called.
PLACE: Clearwater Main Library, 100 N Osceola Ave., Clearwater, FL 33755
APPTS. NEEDED: 1
THE FOLLOWING ADVISORY BOARD MEMBER HAS A TERM WHICH HAS EXPIRED
AND NOW REQUIRES REPLACEMENT BY A NEW APPOINTEE:
1. Eleanore Lyda - 1221 Drew St. Unit #E8, 33755 - Resident
Original Appointment: 09/06/18
(was serving first term which expired 9/30/2022)
THE NAME BELOW IS BEING SUBMITTED FOR CONSIDERATION TO FILL THE
ABOVE VACANCY:
1.Muhammad Abdur-Rahim - 1028 N. Madison Ave, 33755 - Resident
Zip codes of current members on board:
Page 1 City of Clearwater Printed on 4/24/2023
File Number: ID#23-0550
4 in 33755
1 in 33756
1 in 33765
1 in 33770
1 in 34209
Page 2 City of Clearwater Printed on 4/24/2023
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#23-0563
Agenda Date: 5/1/2023 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: City Clerk
Agenda Number: 9.4
SUBJECT/RECOMMENDATION:
Reappoint Kevin Chinault to the Neighborhood and Affordable Housing Advisory Board with a
term to expire May 31, 2027. (consent)
SUMMARY:
BOARD: Neighborhood and Affordable Housing Advisory Board (NAHAB)
TERM: 4 years
APPOINTED BY: City Council
FINANCIAL DISCLOSURE: Not Required
RESIDENCY REQUIREMENT: N/A (See Special Qualifications)
MEMBERS: 7
CHAIRPERSON: Kevin Chinault
MEETING DATE: 2nd Tues. most months
PLACE: Main Library/Council Chambers
STAFF LIAISON: Chuck Lane
APPTS. NEEDED: 1
SPECIAL QUALIFICATIONS: Board to have 1 member in each: Real Estate Professional in
Connection with Affordable Housing; Clearwater Resident; Residential Home Building Industry;
Advocate for Low Income Housing; Not-For-Profit Provider of Affordable Housing;
Banking/Mortgage Industry; Employer’s Representative.
THE FOLLOWING ADVISORY BOARD MEMBERS HAD A TERM WHICH EXPIRED AND
NOW REQUIRES REAPPOINTMENT:
1. Kevin Chinault - 3606 61st Terrace E., 34222
Original Appointment: 5/7/15
(was serving 2nd term set to expire 5/31/23)
Category: Citizen who is actively engaged as a not-for-profit provider of affordable
housing
Zip codes of current members:
1 - 33703
1 - 33706
1 - 33755
2 - 33756
Page 1 City of Clearwater Printed on 4/24/2023
File Number: ID#23-0563
1 - 33774
1 - 34222
Current Special Qualifications:
1 citizen actively engaged in the residential home building industry in connection with affordable
housing
1 citizen who resides within the City of Clearwater
1 citizen actively engaged as a real estate professional in connection with affordable housing
1 citizen actively engaged as an advocate for low-income persons in connection with affordable
housing
1 citizen actively engaged as a not-for-profit provider of affordable housing
1 citizen who represents employers within the City of Clearwater
Page 2 City of Clearwater Printed on 4/24/2023
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#23-0562
Agenda Date: 5/1/2023 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: City Clerk
Agenda Number: 9.5
SUBJECT/RECOMMENDATION:
Appoint Councilmembers to Regional and Miscellaneous Boards.
SUMMARY:
2023 Regional and Miscellaneous Board Appointment
Board (Date/Time of Meeting)Delegate
Audit Committee Hibbard
(Meets as required)Herb McLachlan, citizen
Lisa Burley
American Public Gas Association Hibbard
(Brian Langille - Gas)
(meet 4 times a year - move around the Country)
Area Agency on Aging of Pasco/Pinellas Kerry Marsalek
(3rd Monday of the month - 9:30 a.m.)Office on Aging Mgr
Location: AAAPP in St. Pete
Barrier Island Governmental Council Teixeira- Voting Del.
(4th Wednesday of the month - 9:00 a.m.; two-year term)Beckman - Alt.
Location: TBA (Meeting place rotates)Hibbard - Alt. #2
Clearwater Arts Alliance Beckman
(4th Tuesday of the month - 4:00 p.m.)
Location: Johnson, Pope, Bokor, Ruppel & Burns, 911 Chestnut St., 33756
Courtney Campbell Scenic Highway Citizen Advisory Committee Bunker
(Quarterly on 3rd Friday of the month - 10:00 a.m.)
Homeless Leadership Alliance Beckman
(1st Friday of the month - 1:00 p.m.)
Location: Hospice of the Florida Suncoast on Roosevelt Blvd.
Mayor’s Council of Pinellas County Hibbard
(1st Wednesday of the month - 11:30 a.m.)
Page 1 City of Clearwater Printed on 4/24/2023
File Number: ID#23-0562
Pinellas Collaborative Committee Hibbard
(Meet as needed - 9:00 a.m.)
Location: 600 Cleveland St., Suite 750
Pinellas County Aircraft Noise Abatement Task Force Sean Schrader (At Large)
(Quarterly - 3:00 p.m.)Jerry Karp/Del Oro Groves
Location: St. Pete-Clearwater Int’l Airport - Conf. Room #234)
School Transportation Safety Committee Bunker
(Meet as needed - 9:30 a.m.)
Location: 600 Cleveland St., Suite 750
Suncoast League of Cities Board Beckman
(3rd Friday of the month - 11:30 a.m.)Teixeira- Alt.
Location: Different city every month
Tampa Bay Estuary Policy Board Beckman
(Quarterly on Friday - 10:00 a.m.)Bunker - Alt.
Councilmember highly recommended
Location: Tampa Bay Regional Planning Council, 4000 Gateway Centre,
Ste. 100, Pinellas Park
Tampa Bay Regional Planning Council (TBRPC)Teixeira
(2nd Monday - 10:00 a.m.)Bunker - Alt.
Location: Tampa Bay Regional Planning Council, 4000 Gateway Centre,
Ste.100, Pinellas Park
The following Boards have the specific term expiration date noted:
Board (Date/Time of Meeting)Delegate
Bicycle Advisory Committee (BAC)Chip Haynes
Advisory Committee to the MPO Robert Yunk
(4th Monday each month - 8:30 a.m.)Win Dermody
No seat terms Ric Hartman - Tech Support Rep.
Clearwater Representatives (appointments made by County)
Citizens Advisory Committee (CAC)Luis Serna
Advisory Committee to the MPO Bill Jonson
(4th Thursday each month - 7:00 p.m. - 4 year term)
Clearwater Representatives (appointments made by County)
Forward Pinellas Allbritton
MPO/PPC - (2nd Wednesday of the month - 1:00 p.m.)
(term expires 9/30/25; four-year term)
Location: P.C. Courthouse, 5th Floor
Pension Advisory Committee (PAC)Hibbard
(2nd Thursday - 9:00 a.m.)4/4/2022
Page 2 City of Clearwater Printed on 4/24/2023
File Number: ID#23-0562
(two-year term)Teixeira
4/4/2026
Bunker
4/4/2023
Pension Investment Committee Sheldon Goldberg
(term expires 8/31/22; two-year term)(Resigned 11/19/21)
Pinellas Suncoast Transit Authority (PSTA)Allbritton
(4th Wednesday of the month - 9:00 a.m.)
(term expires 9/30/24; three-year term)
Location: PSTA, St. Petersburg
Sister Cities Advisory Board Teixeira
(term expires 4/30/26; four-year term)
Appointments by other entities:
Downtown Development Board Ex-Officio Members Teixeira
(CRA Trustees)Bunker
(1st Wednesday of the month - 5:30 p.m.)
Florida League of Mayors Hibbard
Tourist Development Council Hibbard
(City Council makes recommendation/County makes appointment)
(term expires 10/31/24; four-year term)
WorkNet Pinellas Board *Beckman
(Quarterly - 11:45 a.m.)
Location: EpiCenter in Clearwater
*8/8/13 - Per Diana Day, Adm. Asst., WorkNet Pinellas Board, an elected official is no longer a
requirement & there’s no term expiration. Currently councilmember Kathleen Beckman is a
non-voting committee member and has the option to attend this board.
Page 3 City of Clearwater Printed on 4/24/2023
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#23-0455
Agenda Date: 5/1/2023 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: City Attorney
Agenda Number: 10.1
SUBJECT/RECOMMENDATION:
Approve a one-year extension to the license agreement with Jolley Trolley Transportation of
Clearwater for 410 N. Myrtle Avenue and authorize the appropriate officials to execute same.
(consent)
SUMMARY:
The Jolley Trolley has been utilizing the licensed premises free of charge since 2012. At the
time, the parties intended for Jolley Trolley to occupy the premises on a short-term basis of up
to three years, while Jolley Trolley sought a different home. For various reasons, Jolley Trolley
has remained on site through the present day. The extension, which will expire in July 2024, is
intended to be the final extension, after which Jolley Trolley must relocate.
The licensed premises are located within the new North Greenwood Community
Redevelopment Area (CRA). City staff will evaluate potential uses of the licensed premises for
redevelopment.
Page 1 City of Clearwater Printed on 4/24/2023
Page 1 of 9
TEMPORARY EXTENSION OF REVOCABLE LICENSE AGREEMENT
THIS TEMPORARY EXTENSION LICENSE AGREEMENT (herein, “License”) is
made and entered into this _______day of _______, 2023, by and between the CITY OF
CLEARWATER, FLORIDA, a Florida Municipal Corporation, whose mailing address is P.O.
Box 4748, Clearwater, Florida 33758-4748 (herein, "City" or Licensor), and JOLLEY
TROLLEY TRANSPORTATION OF CLEARWATER, INC., a Florida non-profit corporation,
whose mailing address is 410 Myrtle Avenue, Clearwater, Florida 33755 (herein, "Jolley
Trolley" or “Licensee”);
(Whenever used herein the term “Licensor” and “Licensee” shall include all of the parties to this agreement and heirs, legal representatives and assigns of the parties, individuals, and the successors and assigns of corporations)
W I T N E S S E T H:
WHEREAS, the City owns fee title to that certain parcel of land identified as Pinellas
County Parcel 09/29/15/00000/440/0400, commonly known as 410 N. Myrtle Ave., hereafter
the “Licensed Premises”; and
WHEREAS, the Jolley Trolley first began utilizing the Licensed Premises in 2012,
pursuant to a three-year lease agreement approved by the City Council; and
WHEREAS, the Licensed Premises were made available at no cost to the Jolley
Trolley due to the Jolley Trolley’s status as a 501(c)(3) charity; and
WHEREAS, the three-year lease was intended to be a temporary arrangement only,
after which the Jolley Trolley would identify a permanent site to house its operations; and
WHEREAS, the City renewed this lease agreement for three additional years in 2015;
and
WHEREAS, the City Manager in 2018 agreed to a one-year extension of the lease,
with the understanding that Jolley Trolley would soon relocate to another home, thereby
enabling the City to consider redevelopment options for the Licensed Premises; and
WHEREAS, in 2019 the Jolley Trolley identified a different site to potentially house
its operations, said site being located at 1720 Overbrook Avenue; and
WHEREAS, the site at 1720 Overbrook Avenue is also owned by the City; and
WHEREAS, the City Council approved a twenty-five year ground lease (“the Ground
Lease”) with the Jolley Trolley for the 1720 Overbrook Avenue site in January 2020 and in
June 2020 the Jolley Trolley obtained a Development Order from the Community
Page 2 of 9
Development Board to develop a new facility at the 1720 Overbrook Avenue location; and
WHEREAS, the Ground Lease required the Jolley Trolley to commence vertical
construction by July 2021; and
WHEREAS, the COVID-19 pandemic ostensibly delayed the Jolley Trolley’s
commencement of construction at the 1720 Overbrook Avenue location; and
WHEREAS, the Ground Lease was amended by the City Council in May 2021 to
extend the time for commencement of vertical construction until July 2022; and
WHEREAS, the Jolley Trolley did not commence vertical construction by July 2022,
placing them in default of the Ground Lease; and
WHEREAS, commencement of vertical construction had not commenced by October
2022, prompting the City Manager to terminate the Ground Lease at that time; and
WHEREAS, Jolley Trolley continues to utilize the Licensed Premises for its
operations; and
WHEREAS, the Licensed Premises are located within the new North Greenwood
Community Redevelopment Area (“CRA”), and City staff are evaluating the uses of the
Licensed Premises for redevelopment purposes;
NOW, THEREFORE, in consideration of the covenants herein contained, the City
wishes to extend the License over the licensed premises for use by Jolley Trolley.
LICENSED PREMISES: In consideration of Ten Dollars ($10.00) annually and Licensee
timely and fully complying with the covenants and conditions herein contained, Licensor
does hereby grant to Licensee and Licensee hereby accepts from Licensor, an exclusive
License to occupy and utilize the premises (“Licensed Premises”) identified as Pinellas
County Parcel Identification Number 09/29/15/00000/440/0400 (“Parcel”) owned by
Licensor (more particularly described in Exhibit “A” attached hereto and incorporated
herein).
This License is not coupled with an interest and conveys no interest in real property
whatsoever.
TERM: This License is granted and shall extend from July 31, 2023 (Effective Date)
through July 30, 2024, unless revoked or terminated by either party as provided for herein.
USE AND MAINTENANCE: The Licensed Premises are licensed to Licensee for sole
purpose of the administration of Licensee’s general business practices in support of
providing transportation between Clearwater Beach and locations throughout Pinellas
Page 3 of 9
County via the Jolley Trolley. Licensee accepts Licensed Premises “as is.” Licensor shall
have no obligation whatsoever to make improvements to the Licensed Premises prior to, or
during, the Licensee’s occupation. Licensee covenants and agrees that Licensee shall
make no unlawful, improper or offensive use of the Licensed Premises, and shall always
maintain the Licensed Premises in compliance with all applicable City of Clearwater codes;
and shall quit and deliver up the said premises at the end of the License term, in as good
condition as existed upon the Effective Date hereof. Licensee shall make no improvements
to the Licensed Premises, or otherwise encumber the Licensed Premises, without the
express written consent of duly authorized Licensor officials.
LIABILITY AND INDEMNIFICATION: Licensor will not accept and explicitly renounces any
liability of any nature for use of the Licensed Premises by the Licensee, its employees,
agents, contractors, subcontractors or other invitees, approved or unapproved. Licensee
agrees to assume all risks of use and occupation of the Licensed Premises and all liability
therefore, and shall defend, indemnify, and hold harmless the Licensor, its officers, agents
and employees from and against any and all loss, liability and damages of whatever nature,
arising from injury to persons or property during the term hereof, occasioned by Licensee’s
negligent or willful misconduct, including, without limiting the generality of the foregoing,
death of any person and loss of the use of any property except arising from the negligence
or willful misconduct of Licensor or Licensor’s agents or employees. This includes, but is
not limited to, matters arising out of or claimed to have been caused by or in any manner
related to the Licensed Premises or Licensee’s activities or those of any approved or
unapproved invitee, contractor, subcontractor, or other person approved, authorized, or
permitted by Licensee on, in or about the Licensed Premises, whether or not based on
negligence. Nothing contained herein shall be construed to waive or modify the provisions
of Florida Statute 768.28 or the doctrine of sovereign immunity as to any party hereto. In
addition, nothing contained herein shall be construed as creating third party beneficiaries or
as consent by the Licensor to be sued by third parties in any manner arising from this grant
of License. The previsions of this paragraph shall survive expiration or termination of this
License.
INSURANCE: Licensee agrees to comply with all terms, provisions and requirements
contained in Exhibit “B” attached hereto and by this reference, made a part hereof as if
said document were fully set forth at length herein.
ENVIRONMENTAL RESPONSIBILITIES: Licensee, at its expense, shall comply
with all applicable Federal, State and Local environmental laws, and shall not allow the
storage, use, disposal, or discharge by itself or others, of any contaminants or hazardous
materials on or about the Licensed Premises. However, Licensee shall have no liability
or responsibility for removal or remediation of any hazardous or toxic substances or
underground storage tanks or any underground structures or conditions, if any, existing
prior to the grant of this License, or coming onto the Licensed Premises by actions of
parties other than Licensee, its agents, contractors, subcontractors, employees and
invitees, during the term or any extension hereof.
Page 4 of 9
Licensee hereby represents that it will not create any Environmental Condition or conduct
maintenance activities on its trolleys or any vehicles involved in its business, therefore,
Lessee shall not cause, or allow any guest, invitee, employee, or agent of Lessee to
cause, any Hazardous Substances (as defined herein) to be used, generated, stored, or
disposed of on or about the Premises without the prior written consent of Landlord, which
consent may be withheld in the sole discretion of Landlord, and which consent may be
revoked at any time.
“Environmental Condition” shall mean the presence on the Property of any “hazardous
substance” as that term is defined in any federal, state, county, or municipal statute,
ordinance, regulation, rule, order, judgment, or decree, including, without limitation, (i) the
Comprehensive Environmental Response, Compensation and Liability Act of 1980, as
amended; the Resource Conservation and Recovery Act of 1976, as amended; the Clean
Air Act; the Water Pollution Control Act (the Clean Water Act); the Toxic Substances
Control Act, the Safe Drinking Water Act, and the Insecticide, Fungicide and Rodenticide
Act, as amended, and the state counterparts of those laws; (ii) any material or substance
which is now listed in the United States Department of Transportation Hazardous
Materials Table (49 C.F.R. § 172.101); and (iii) any contaminant, oil, petroleum product
or by-product, radioactive material or by product, any mining waste, toxic substance,
hazardous waste, or other material, the removal of which is required or the existence or
management of which is prohibited, penalized, or regulated by any federal, state, or local
government agency, authority, or unit.
DEFAULT / TERMINATION. Either party may revoke or terminate this License upon
providing the other party not less than sixty (60) days written notice of its intent to
terminate. Such Notice shall be deemed to have been given when mailed, postage paid,
personally delivered or sent via email.
NOTICE: Any notice shall be in writing and shall be delivered by hand or sent by United
States certified mail, postage prepaid, by email or by overnight courier and addressed as
follows:
Licensor Licensee
City Manager Chief Executive Officer
City of Clearwater Jolley Trolley
P. O. Box 4748 410 Myrtle Avenue,
Clearwater, FL 33758-4748 Clearwater, FL 33755
Jennifer.Poirrier@MyClearwater.com mike@clearwaterjolleytrolley.com
With a copy to:
Page 5 of 9
City Attorney
City of Clearwater
P. O. Box 4748
Clearwater, FL 33758-4748
David.Margolis@MyClearwater.com
Such addresses may be changed from time to time by either party by giving notice as
provided above. Notice shall be deemed given when delivered (if delivered by hand),
when sent by email or when postmarked if sent U. S. Mail, certified, return receipt
requested.
DISCLAIMER OF WARRANTIES: This License constitutes the entire agreement of the
parties regarding the Licensed Premises described herein, and my not be changed,
modified or discharged except by written amendment duly executed by both parties.
Licensee agrees that no representations or warranties shall be binding upon Licensor
unless expressed in writing herein or a duly executed amendment hereof. Further,
Licensor does not warrant and hereby disclaims any and all liability and responsibility for
or on account of the condition of the Licensed Premises, or any portions thereof, or for or
on account of anything affecting such conditions.
ASSIGNMENT: This License, or any right or interest granted herein, may not be
assigned, transferred or sub-licensed by Licensee without the consent of the Licensor,
which may be granted or withheld at Licensor’s sole discretion. It is mutually understood
that Licensor may, at any time, with notice, assign or delegate any or all of its rights
hereunder.
QUIET ENJOYMENT: Upon observing and performing the covenants, terms and
conditions required by this License, the Licensee shall peaceably and quietly hold and
enjoy the Licensed Premises for the term as stipulated herein, without hindrance or
interruption by Licensor. It is expressly understood and agreed that all rights of ownership
of the Licensed Premises not inconsistent with the license rights herein conveyed to
Licensee are reserved to Licensor. The Lessor, or any of its agents, shall have the right
to enter said premises during all reasonable hours, to examine the same to make such
repairs, additions or alterations as may be deemed necessary for the safety, comfort, or
preservation thereof, or of said building, or to exhibit said premises. The right of entry
shall likewise exist for the purpose of removing placards, signs, fixtures, alterations or
additions, which do not conform to this agreement.
ENTIRE AGREEMENT: This License contains all of the terms, conditions and covenants
binding the parties hereto. There are no other terms, conditions, covenants or
understandings, either written or oral, binding upon the parties unless expressed herein
in writing, or subsequently addended hereto by mutual agreement of the parties.
Page 6 of 9
OTHER PROVISIONS: Integral to the rights and privileges herein granted, the parties
further agree as follows:
a. Licensee shall at all times maintain the Licensed Premises in compliance with all
applicable City of Clearwater codes.
b. Licensee shall be responsible for direct costs associated with the conducting of its
activities, including but not limited to, all expenses for utilities required, if any, in the
operation and any and all maintenance required on the Licensed Premises. Water,
sewer, electric and all other utilities of any kind shall be billed directly to Lessee and
are or shall be individually metered for the subject premises. All deposits for such
utilities shall be the sole responsibility of Lessee. Lessee shall be responsible for all
maintenance including but not limited to landscaping and building maintenance.
c. Licensee shall comply with all applicable Federal, State and Local law.
d. If this License, or its operation, shall create any ad valorem or other tax obligations, it
shall be incumbent solely upon Licensee to timely discharge same.
e. All personal property placed or moved in the premises shall be at the risk of the Lessee
or owner thereof. The Lessor shall not be responsible or liable to the Lessee for any
loss or damage that may be occasioned by or through the acts or omissions of persons
occupying adjoining premises or any part of the premises adjacent to or connected
with the premises hereby leased or any part of the building which the leased premises
are a part of or any loss or damage resulting to the Lessee or its property from
bursting, stopped up or leaking water, gas, sewer or steam pipes unless the same is
due to the negligence of the Lessor, its agents, servants or employees.
f. Lessee represents that the premises leased are in good, sanitary and tenantable
condition for use by Lessee. Lessee's acceptance or occupancy of the leased
premises shall constitute recognition of such condition. Lessee hereby accepts the
premises in the condition they are in at the beginning of this lease and agrees to
maintain said premises in the same condition, order and repair as they are at the
commencement of said term, and to return the premises to their original condition at
the expiration of the term, excepting only reasonable wear and tear arising from the
use thereof under this agreement. The Lessee agrees to make good to said Lessor
immediately upon demand, any damage to water apparatus, or electric lights or any
fixture, appliances or appurtenances of said premises, or of the walls or the building
caused by any act or neglect of Lessee or of any invitee, person or persons in the
employ or under the control of the Lessee.
g. The invalidity or unenforceability of any portion of this lease shall in nowise affect the
remaining provisions and portions hereof.
Page 7 of 9
h. In the event that either party seeks to enforce this Contract through attorneys at law,
then the parties agree that each party shall bear its own attorney fees and costs.
[Signature pages to follow]
Page 8 of 9
IN WITNESS WHEREOF, the parties hereto, being duly empowered and authorized,
have set their hands and seals this _____ day of _____________________, 2023.
JOLLEY TROLLEY TRANSPORTATION
OF CLEARWATER, INC.,
a Florida non-profit corporation
Signed, sealed and delivered
In the presence of:
______________________________
WITNESS signature
______________________________ By:______________________________
Print Witness Name
______________________________ _______________________________
WITNESS signature Print Name/Title
______________________________
Print Witness Name
Page 9 of 9
Signature Page to Revocable License Agreement between Jolley Trolley Transportation of Clearwater,
Inc. and the City of Clearwater
Countersigned: CITY OF CLEARWATER, FLORIDA
___________________________ By: __________________________
Brian J. Aungst, Sr. Jennifer Poirrier
Mayor City Manager
Approved as to form: Attest:
___________________________ _______________________________
David Margolis Rosemarie Call
City Attorney City Clerk
EXHIBIT “B”
INSURANCE:The Licensee 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 Licensee’s deductible or self-insured retention and
to require that it be reduced or eliminated.
Specifically the Licensee 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:
1. 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.
2. 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.
3. Unless waived by the State of Florida, statutory Workers’ Compensation Insurance coverage in
accordance with the laws of the State of Florida, and Employer’s Liability Insurance in the minimum
amount of $100,000 (one hundred thousand dollars) each employee each accident, $100,000 (one
hundred thousand dollars) each employee by disease and $500,000 (five hundred thousand dollars)
aggregate by disease with benefits afforded under the laws of the State of Florida. Coverage should
include Voluntary Compensation, Jones Act, and U.S. Longshoremen’s and Harbor Worker’s Act
coverage where applicable.
The above insurance limits may be achieved by a combination of primary and umbrella/excess liability policies.
Other Insurance Provisions.
1.Prior to the execution of this Agreement, and then annually upon the anniversary date(s) of the insurance
policy’s renewal date(s) for as long as this Agreement remains in effect, the Licensee 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 all policies excluding workers’ compensation. In addition when requested
in writing from the City, Licensee 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
Risk Management
P.O. Box 4748
Clearwater, Florida 33758-4748
2. Licensee shall provide thirty (30) days written notice of any cancellation, non-renewal, termination,
material change or reduction in coverage.
3. Licensee’s insurance as outlined above shall be primary and non-contributory coverage for Licensee’s
negligence.
4. Licensee reserves the right to appoint legal counsel to provide for the Licensee’s defense, for any and all
claims that may arise related to Agreement, work performed under this Agreement, or to Licensee’s
design, equipment, or service. Licensee agrees that the City shall not be liable to reimburse Licensee for
any legal fees or costs as a result of Licensee 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 the City’s failure to request evidence of this insurance shall not be construed as a
waiver of Licensee’s obligation to provide the insurance coverage specified.
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#23-0492
Agenda Date: 5/1/2023 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: City Attorney
Agenda Number: 10.2
SUBJECT/RECOMMENDATION:
Approve a Legal Services Agreement with Carlton Fields for advice as to the taxability of
various personnel benefits for elected officials, City staff, and former employees and authorize
the appropriate officials to execute same. (consent)
SUMMARY:
Taxation is a complex and highly specialized area of law, and Carlton Fields has several
attorneys with extensive experience in this area, including Cristin Keane who is board certified
in tax law.
The City Attorney would like to retain Carlton Fields to perform research and provide advice
both informally and in formal Legal Opinions as questions arise. The initial estimate for this
work is $25,000, which is available in the City Attorney’s Professional Services budget.
This agreement is exempt from bidding requirements pursuant to Clearwater Code of
Ordinances Section 2.563 (1)(f), Professional services not subject to CCNA.
APPROPRIATION CODE AND AMOUNT:
Funds are available in cost code 0109600-530100, Professional Services, to fund this contract.
Page 1 City of Clearwater Printed on 4/24/2023
CRISTIN C. KEANE
Shareholder
813.229.4211 Direct Dial
ckeane@carltonfields.com
April 12, 2023
CITY OF CLEARWATER
David Margolis, City Attorney
Clearwater City Attorney's Office
600 Cleveland Street, Suite 600
Clearwater, Florida 33755
Via Email:
david.margolis@myclearwater.com
Re: Tax Matters
Dear David:
Thank you for retaining Carlton Fields. We are grateful for your confidence in our Firm.
Our clients expect, and it is our responsibility to provide, a clear statement of our mutual
obligations as we work together on your legal matters. This Matter Engagement Agreement,
along with the attached Standard Terms and Conditions of Engagement, is intended to fulfill that
goal. Please review both carefully, let us know if you have any questions or concerns. Your
acceptance of the terms set out in this Matter Engagement Agreement and its
attachments may be indicated by either instructing us to move forward with your
representation or by a letter or email accepting them.
DESIGNATION OF THE CLIENT. For a number of reasons explained in the Standard
Terms and Conditions, we must agree precisely who is to be the client, and be advised of any
adverse or other parties. We must have an accurate database for conflicts checking, and
confusion will delay our getting started on the tasks required. On occasion, we may represent
one or more individuals or entities. We will represent more than one client only after it is
established that there is no conflict between the clients and all clients agree to be jointly
represented by our Firm, and only with terms set out in a Supplemental Agreement. The
Client(s) for this Engagement is (are): CITY OF CLEARWATER.
SCOPE OF THE ENGAGEMENT. You have retained Carlton Fields to provide the
following legal services: advise the City of Clearwater, both informally and through written legal
opinions, as to the taxability of various personnel benefits for elected officials, City staff, and
former employees.
ATTORNEYS AT LAW
Corporate Center Three at International Plaza
4221 W. Boy Scout Boulevard | Suite 1000
Tampa, Florida 33607-5780
P.O. Box 3239 | Tampa, Florida 33601-3239
813.223.7000 | fax 813.229.4133
www.carltonfields.com
Atlanta
Florham Park
Hartford
Los Angeles
Miami
New York
Orlando
Tallahassee
Tampa
Washington, DC
West Palm Beach
Carlton Fields
Carlton Fields practices law in California through Carlton Fields, LLP.
CITY OF CLEARWATER
April 12, 2023
Page 2
As more fully explained in the Standard Terms and Conditions, a change in the
assignment or any additional engagement must be confirmed in writing including any change in
the basis of fees that might result from a change in scope.
Note: For litigation matters, please refer to the attached Standard Terms and
Conditions, page 9, paragraph 11.B. for important document retention instructions.
FEES AND COSTS. Before retaining our Firm, our clients are entitled to know and the
clients and the Firm must agree to the basis for our charges and their obligations regarding
payment. Various alternatives and the obligations for payment are set out in the Standard
Terms and Conditions. For this matter, we have agreed to the following basis for fees:
We are customarily compensated on an hourly basis for our services. Lowell J. Walters,
William G. Najmy and I will be the primary attorneys working on this matter. Mr. Walters’ current
hourly rate is $700.00, Mr. Najmy’s current hourly rate is $385.00, and my current hourly rate is
$815.00. However, as a courtesy, I am discounting all our rates 25%. The rates of other
attorneys in our firm range currently from $335.00 to $1,300.00 per hour. These rates are
periodically adjusted and the rates in effect when services are rendered will be used in
preparing our statement. If you have any questions about those adjustments, we will, of course,
be happy to discuss them with you.
Clients are responsible for costs and disbursements incurred by our firm on the client's
behalf. Bills for some third party costs may be transmitted directly to you for payment, and it is
expected that these bills will be paid by you upon receipt.
Costs and disbursements related to the legal matter must be paid by the client in
addition to the agreed upon fees, as set out in the Standard Terms and Conditions. Payment
may be made by check or wire transfer. Please refer to the attached Standard Terms and
Conditions, page 4, paragraph 3.F. for payment wire transfer instructions.
ADVANCE FEE/COST DEPOSIT (which must be paid to the firm’s Trust Account). As
explained in the Standard Terms and Conditions, we require an Advance Fee Deposit in the
amount of $1,500.00.
Trust Account wire transfer instructions for the Advance Fee/Cost Deposit are as follows:
Bank Name Wells Fargo Bank
Address 100 S. Ashley Dr., Suite 1000
City, State, Zip Tampa, FL 33602
ABA No. 121000248
SWIFT CODE WFBIUS6S
Account Name Carlton Fields Trust Account
Accountholder Address: 4221 W. Boy Scout Blvd., Suite 1000
City, State, Zip Tampa, FL 33607
Account No. 2146860008502
Reference 19233-68901
CITY OF CLEARWATER
April 12, 2023
Page 3
As explained, we hold these funds in trust to be applied or returned as set out in the
Standard Terms and Conditions. ACH payments will not be accepted for Advance Fee/Cost
Deposits.
Note: Fee payments should be wired to our General Account. For wire transfer
instructions for our General Account, please refer to the attached Standard Terms and
Conditions, page 4, paragraph 3.F.
We look forward to working with you and meeting your legal needs. If ever you have a
question about anything, please call or email me or the lawyer assigned to the matter.
Very truly yours,
CARLTON FIELDS
/s/ Cristin C. Keane
By: ______________________________
CRISTIN C. KEANE
CCK/dm
Enclosures:
Standard Terms and Conditions of Engagement
Basis of Charges for Ancillary Services
eDiscovery Services
1
Revised 02.10.23
CARLTON FIELDS
Standard Terms and Conditions of Engagement
Carlton Fields1 Policy requires a written engagement agreement between the Firm and its
client2 for every matter the Firm undertakes. That written agreement may consist of
several documents including this document and the exchange of emails or letters, which
in combination will constitute our written Engagement Letter. This document sets out
our standard terms and conditions (“Standard Terms and Conditions”) that are an
important part of the attorney-client relationship between us. These Standard Terms and
Conditions may be an attachment, enclosure, or addendum to, and shall be incorporated
by reference into a short form Matter Engagement Agreement (or email) establishing the
attorney-client relationship between the client specifically named in such engagement
letter and Carlton Fields. Unless modified in writing, by asking the Firm to take any
action on a client’s behalf, the client agrees to the Engagement Letter including the terms
of this document. In the event of any inconsistency between the Matter Engagement
Agreement and these Standard Terms and Conditions, the Matter Engagement
Agreement will control.
1. Scope of the Engagement.
The scope of the engagement – what the Firm has agreed to do for the client and any
limitations on that engagement – is memorialized in a letter or email (the “Matter Engagement
Agreement”), but also may be further explained or refined in other communications between the
Firm and the client (“Supplemental Terms”). The Matter Engagement Agreement and any
Supplemental Terms, together with these Standard Terms and Conditions, shall be referred to
as the “Engagement Letter.”
It is important to define the scope of any engagement to avoid any misunderstandings.
The scope will affect what the client legitimately expects to receive, the tasks for which the Firm
is responsible and the fees for said tasks. For some engagements, we will ask for a Scoping
Conference to help us define the work and explore what efficiencies and savings can be
achieved. For example, in a litigated matter a client may specify whether the matter is of such
importance that every issue should be explored, or in another case, that the matter should be
resolved as early as possible with minimal expense.
Some limitations on the scope of the engagement are standard and are set out below in
section number 6. Any modifications of these Standard Terms and Conditions or of an
engagement’s scope in general, will be agreed to in writing, or confirmed in writing as part of the
Engagement Letter. Changes in the scope of the engagement will affect costs.
2. Who is the Client / Who is Not the Client.
It is important for both lawyer and client to understand exactly who the Firm’s client is for
the specific engagement covered by the Engagement Letter. For individuals, that might be
clear. But if the Firm represents a corporation or other legal entity, that representation does not
create an attorney-client relationship with the entity’s officers, directors, employees,
stockholders, or parent, sister or subsidiary corporations, absent agreement. Sometimes, the
1 “Carlton Fields” refers to Carlton Fields, P.A. (or in California to Carlton Fields, LLP) and is also referred to herein
as the Firm.
2 “Client” is the specific individual(s) or entity(ies) named in the Engagement Letter, and may be referred to herein as
“you.”
2
Revised 02.10.23
Firm can represent more than one person (including entities) in a matter, but only after
determining that there is no significant divergence in their interests relating to a matter, and
each such person must affirmatively consent to any such dual representation. The identity of
the client and any multiple representation engagement should be agreed to or confirmed in
writing as part of the Engagement Letter. Absent a direct, written attorney-client agreement, no
person or entity is entitled to rely on our legal advice or work product.
Legal ethics requires the Firm to maintain a database of clients and all parties involved
in each transaction or dispute to be able to determine conflicts of interest questions. That is
another reason why precision in the names of the clients and adverse parties and any other
party to a matter is required and must be updated with any changes.
3. Fees and Costs.
We will charge a reasonable fee for our services. Lawyer ethics rules list factors that are
considered in arriving at a reasonable fee. They include: (1) the time and labor required, the
novelty and difficulty of the questions involved, and the skill requisite to perform the legal service
properly; (2) the likelihood that the acceptance of the particular employment will preclude other
employment by the lawyer; (3) the fee customarily charged in the locality for similar legal
services; (4) the amount involved and the results obtained; (5) the time limitations imposed by
the client or by the circumstances; (6) the nature and length of the professional relationship with
the client; (7) the experience, reputation, and ability of the lawyer or lawyers performing the
services; and (8) whether the fee is fixed, or contingent.
A. The Basis for Fees Must be Agreed to in Writing or Confirmed in Writing in Every
Matter.
There are different approaches that may be agreed to by the client and the Firm:
(a) Hourly. In many cases, the Firm’s fees are determined on the basis of the
number of hours spent by Firm members, associates, paralegals, or legal assistants
and other professionals on the matter, at hourly rates established in relation to the
experience and skills of the person performing the work. We review our hourly rates
and revise them periodically to reflect increased skills, specialties, costs, and other
factors. Clients may obtain information about the range of the rates currently in
effect from the attorney in charge of the matter.
(b) Alternatives to Hourly Fees. In some circumstances, billing arrangements
other than hourly can be used -- such as a Fixed Fee, Fixed Fee with Success
Bonus, Capped Fee, Monthly/Annual Retainer, or Contingency Fee. When the size,
complexity, difficulty, or urgency of a matter, or the particularly good result obtained,
or similar factors so dictate, we may increase our fee with your agreement.
B. Advance Payment Deposits for Fees and Other Charges.
The Firm's policy is to require an advance fee deposit for matters handled on an
hourly basis. Advance fee deposits must be remitted by check or wire, and not by ACH.
We will hold the advance fee in trust and apply it to the final invoice for the matter. If the
client is late in paying earlier invoices, we will apply the advance fee to satisfy those
invoices. The client must then restore the advance fee to the original amount, as a
condition for our continuing the representation. Otherwise, we reserve the right to
terminate the representation at that point, and the client will be obligated to pay any
remaining balances of fees and costs still due and owing. Because of the importance of
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Revised 02.10.23
our year-end accounting (December 31), we reserve the right to apply advance fees to
outstanding invoices by year-end.
Advance fee deposits are applied first to disbursements and then to fees for legal
services on the agreed fee basis. Advance fee deposits are held in a client trust
account, until withdrawn. The Firm does not segregate advance payments received
from clients nor earn or pay any interest with respect to them. Any interest on a general
trust account is paid to a law-related charity. If the Firm's representation is terminated,
unless otherwise agreed, any portion of the advance payment not applied by or owed to
the Firm for its fees and disbursements will be refunded.
For this matter, we ask that you send us an advance fee/cost deposit as set
forth in the Matter Engagement Agreement.
C. Costs and Disbursements.
In addition to our charges for legal services, Clients must pay and will be billed
for the costs incurred on their behalf such as filing fees, court reporter charges, out-of-
pocket expenditures, travel, including long distance telephone, photocopying,
messenger service, computerized research, mailing, express delivery, overtime
secretarial charges, bills rendered to the Firm by third-party providers of services, and
other expenses. Costs are posted and billed based on standard rates published by the
provider or contained in contracts with the Firm. In some cases, the provider may grant
volume discounts, which are not substantial in amount and are impossible to predict, and
it is not practical to adjust the bill to reflect such discounts. Bills for some third-party
costs, including arbitration or mediation costs and expert witness fees, may be
transmitted directly to the client for payment, and it is expected that these bills will be
paid by the client upon receipt.
D. Frequency of Billing.
Statements for services and disbursements are generally rendered monthly. In
some fixed fee matters, clients pay an agreed amount per month without separate bills.
In certain transactional matters, the Firm may render a statement upon the completion of
the transaction or, if the transaction is not completed, at the time such work is
completed. Details must be covered in the Engagement Letter, either in the Matter
Engagement Agreement or by separate email.
E. Payment Terms.
All statements for professional fees, other charges, and disbursements are due
upon receipt. The Firm reserves the right to terminate its services if statements are not
paid when due. Termination will not discharge the obligation to pay the Firm all amounts
owed.
Because it is important to resolve any questions about a bill while
memories are still fresh, each invoice must be reviewed and any questions raised
within 15 days of receipt, or any issue will be deemed waived and the invoice
agreed to. Any invoice for which payment has not been received within 35 days of
invoice date will bear interest at the statutory or code rate for the jurisdiction of our office
where the engagement originated, as of January 1 of the year of the engagement. The
per annum interest rates for the current year are: California – 7%; Connecticut – 8%;
Florida – 5.52%; Georgia – 7%; New Jersey – 6%; New York – 9%; and Washington,
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Revised 02.10.23
D.C. – 6%. Year-end bills rendered by December 8 must be paid no later than
December 21.
F. For Fee Payments.
Payment may be made by check or wire transfer. Wire Transfer instructions for
Fees and Costs payments are as follows:
Bank Name: Wells Fargo Bank
Address: 100 S. Ashley Dr., Suite 1000
City, State: Tampa, FL 33602
ABA No.: 121000248 (for wires); 063107513 (for ACH)
SWIFT CODE: WFBIUS6S
Account Name: Carlton Fields, P.A. General Account
Account No.: 2090002334575
Reference: (Please reference your Client/Matter number or Invoice #)
NOTE: Advance Fee/Cost Deposits are paid to the Firm’s trust account in the city
where the Carlton Fields office is located. Please refer to the Engagement Letter
or request this information from your Attorney or his/her legal administrative
assistant.
G. Fees Assessed Against an Adversary.
If this matter is one where a contract, statute or code provides for prevailing party
attorneys' fees, you agree that the fees for this matter will be the greater of the fees as
calculated in the Matter Engagement Agreement or the fees awarded under the contract,
statute, code, or otherwise, either by the court or in settlement, to be paid by the
opposing party or parties.
4. Lawyer Responsibilities.
The Firm and its lawyers undertake to represent or advise you in compliance with all
professional standards in the engagement. In doing so:
A. Communications.
We will keep you reasonably advised in the matter. If at any time you have
questions or need an update, call or email us.
B. Confidentiality and Privilege.
When a client communicates with a lawyer concerning legal advice, the
communication is privileged; meaning that the lawyer cannot be forced to disclose those
communications to another but must keep them secret, except in rare circumstances.
But a client (not the lawyer) waives that privilege if the client itself discloses to a third
person what the lawyer or the client said or communicated to each other. For that
reason, if you expect the communications between you and us about legal matters
to remain protected, do not talk about them to others. In addition to privileged
communications, you can expect that the lawyer will not disclose a client’s business to
others.
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Revised 02.10.23
C. Opinions and Evaluations.
From time to time during the progress of a matter, the lawyer may express an
opinion or give an assessment of the possible outcome of the matter. A lawyer is not a
guarantor of an outcome, and the lawyer’s evaluation is not a guarantee. Many factors
beyond the control of the lawyer or client may determine the outcome of a dispute or a
transaction, and a lawyer’s duty is to help the client evaluate possibilities and risks. A
lawyer’s job is to apply professional judgment to the facts as known, and to advocate for
the client’s interest, but he or she cannot guarantee that an opponent, judge or a jury will
agree with positions advocated. No client should treat an evaluation or a strategy
discussion as such a guarantee.
D. Transactional Matters.
If our Firm is representing the client in connection with the negotiation and
preparation of documents with respect to a business transaction or extraordinary
corporate transaction with another party, our attorney’s role, subject to any limitations
stated in the Engagement Letter, is to guide you with respect to the legal issues involved
and not to provide any financial or business advice. Our lawyers are legal advisors and
not business advisors. We will not provide you with any advice as to the financial or
business aspects of these matters.
E. Efficiency.
We will make good faith efforts to be efficient in our service. In hourly fee
matters, that will include the allocation of work among senior and junior attorneys (or
paralegals, where appropriate) to maintain high quality service at a reasonable cost. To
the extent practicable and consistent with our professional responsibilities, we will
accommodate your wishes about staffing this case. In litigated matters for an hourly fee,
we will, at your request, provide a budget, which we will update as the project
unfolds. You must be aware that many factors beyond our control affect the time
required to handle matters, particularly the approach and behavior of the adverse parties
in litigation. For that reason, budgets and estimates are likely to change. Budgets and
estimates in hourly fee engagements are not binding caps on our reasonable fees.
5. Client Responsibilities.
Among the responsibilities of any Client in an attorney-client relationship, including this
one, are the following:
A. Meet fee obligations.
As stated above, you must promptly review our invoices and pay them as
agreed.
B. Complete Information.
You must be truthful, complete, and accurate in informing us of the facts
surrounding the matter so that we can properly analyze the legal issues and advise you.
Remember that your communication to us concerning the representation is privileged,
and will be held in confidence. If you are worried about a fact or circumstance or issue,
tell us and we will address it. The law establishes this privilege to assure that a client
can give complete and candid information to his lawyer. Unless we have a complete
understanding of the problems and the client’s concerns, we cannot do the best job of
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Revised 02.10.23
advising or protecting a client’s interest. Only if we know of a problem fact can we
advise on minimizing its importance. And neither you nor we can misrepresent a fact to
a court or agency or opponent.
C. Communications.
(a) Client role in protecting the attorney-client privilege. While
communications about legal advice between lawyer and client are privileged, as
described above, a client will waive the privilege if he tells another person what was
said in confidence to his lawyer or the lawyer said to him. It is the client’s
responsibility to keep that secret unless he specifically wants to lose the privilege.
(b) Electronic communications. Both you and the Firm will likely use
electronic communications (such as unencrypted wired or wireless e-mail, cellular
telephones, voice over Internet, electronic data/document websites, and other state
of the art technology) to communicate and to send or make available documents.
Although there is always some risk that another may “hack into” or otherwise access
confidential communications, we believe and, by agreeing to the Engagement Letter,
you agree that the benefits of using this technology outweigh the risk of accidental
disclosure. We have policies and systems in place designed to make our electronic
communications with you reasonably secure. It is equally important that you also
communicate with us in a manner that reasonably protects the confidentiality of
information we share and any attorney-client privilege. You should not use any
computers or other electronic devices, networks, or Internet addresses that are
owned, controlled, or may be accessed by others, including your employer, a hotel,
library or Internet café, or a shared home computer, to send or receive confidential
information to or from us. Any device you use should be password protected and not
accessible for use by any third party.
(c) Client decisions. Certain decisions belong exclusively to the client.
Settlement decisions, budget decisions, risk decisions, and the objectives of the
representation are among them. The lawyer may advise, analyze and recommend,
but the client owns the matter and must make the business and risk decisions. For
that reason, you agree that you will make those decisions timely when presented,
and you must keep us informed of your contact information, so that we may reach
you when a consultation is necessary.
6. Limitations on the Scope of the Engagement.
What the Firm undertakes to do and what the client has engaged the Firm to do is
described in the scope of the Engagement Letter. Clients should not assume that other tasks or
subjects are covered, and they are not unless the additional service(s) are agreed to in writing
(including a Supplemental Matter Engagement Agreement by exchange of emails). In
particular:
A. Insurance.
It is important that a client consider the possibility that insurance is available in
any matter where the client has been damaged or the client is accused of having
damaged another. But this is not the Firm’s responsibility to explore. Usually, the
client’s insurance broker or in-house insurance department is the professional better
suited to that determination. The Firm does have lawyers who specialize in
insurance issues, but (1) those specialists are not usually the lawyers assigned to
the matter itself, and (2) the Firm represents many insurance companies and would
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Revised 02.10.23
have to both complete a new conflicts check and agree to an engagement to
analyze or resolve a dispute about an insurance policy. Accordingly, unless
otherwise provided in the Engagement Letter, our Firm will not be providing
guidance as to such matters.
B. Trademarks, Business Licenses, Leases, Employment Agreements, etc.
Unless the Engagement Letter specifically provides for doing so, the
engagement will not cover matters incidental to your business or matters such as
trademark advice and registration, other intellectual property matters, business
licenses, employment agreements, securities or tax law advice, lease review, sales
or distribution contracts or other business forms or documents. If the client wants
such services, it will require separate Matter Engagement Agreements, and most
likely lawyers from different specialties.
C. Business, Marketing or Other Advice.
Unless otherwise specifically agreed to in the Engagement Letter we are legal
advisors and not business advisors, public relations experts or marketing advisors,
investment advisors or accountants. We do not investigate for you the reputation
and character of opposing parties, or introduce you to or solicit investors. In
Securities law matters, our services will exclude business plans, economic reports
or other factual statements, but is confined to regulatory and legal advice.
D. Environmental.
Unless specifically covered in writing in an engagement letter, the Firm will not
review environmental due diligence documents (including without limitation Phase I
or II Environmental Assessment reports) in conjunction with representation in a
transaction, or otherwise evaluate legal risk posed by matters disclosed in such
reports.
E. Effect on Other Aspects of Client Business.
Like the above, Clients should remember that certain actions may have effects
on other aspects of their business. Unless the Engagement Letter specifically
provides, the Firm will not examine other Client obligations such as tax positions,
franchise provisions, financing arrangements, and lending agreements or other
contracts to determine if they may be affected by the action Client has engaged the
Firm to do. We recommend that Client review such matters internally or with its
other advisors or counterparties. If Client does desire the Firm’s advice on such
matters, it must be confirmed in another Engagement Letter or a writing amending
an existing one.
7. Common Variances from Client Outside Counsel Guidelines.
For institutional clients who publish Outside Counsel Guidelines, we will defer to
provisions in those Guidelines that conflict with these Standard Terms and Conditions,
unless we negotiate changes to the Guidelines. The following are the basis of frequently
negotiated changes:
A. Carlton Fields is Not Organized in the Pyramid Model that Many Firms are, with a
Few Partners at Top and a Large Number of Associates.
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Revised 02.10.23
Approximately 2/3 of Carlton Fields lawyers are shareholders; all shareholders
have equal shares. For that reason, instructions that some clients give, such as to
assign no more than one partner, one associate, and one paralegal to the file, is
neither workable nor in the best interest of the client. We staff matters at appropriate
levels of junior and senior lawyers and paralegals, and are able to achieve efficient
and appropriate staffing levels often preferable to another model.
B. Internal Consultations.
Carlton Fields has consciously striven to organize the Firm around specialties
and to achieve a culture of teamwork and cooperation and to treat all clients as
clients of the Firm rather than of any individual lawyer. In that context, client
directives that require advance client permission before consulting with a lawyer
outside the core team will promote inefficiency and increase expense. Calling an
associate who happens to be an e-discovery wizard for a quick consultation can
save hours. That efficiency is eroded if it requires a scheduled call with the client
and delay on the project until that call takes place. Similarly, if an issue of privilege
or a substantive issue arises in which the Firm’s recognized expert should be
consulted by a careful lawyer, an impediment to that diminishes efficiency, and if it is
not compensable, raises overhead. The Firm expects clients to understand these
realities. Instead of advance permission, we propose in any hourly billing matter to
record in the time entry the reason for the consult and why the consultation was
desirable.
C. Indemnity Provisions.
A few Outside Counsel Guidelines contain indemnity provisions that may be
suitable in the case of some vendors supplying goods or constructing improvements,
but are not appropriate to an attorney-client relationship. The Firm is well insured to
protect itself and its clients against damages legally caused by the Firm’s fault but
the Firm cannot buy insurance for contractually undertaken promises, and is not
responsible for paying for expense or defense of baseless claims by third parties or
other obligations beyond those imposed by law, and is not obligated to persons other
than the client. A lawyer is not a guarantor, let alone an insurer, and the Firm will
generally not agree to indemnity provisions.
8. Multiple Representation.
A lawyer should represent more than one client in a matter only in limited situations and
with full understanding and agreement of all clients. In general, a law firm MAY be able to
represent more than one client if they are “in the same boat” – for example, being sued for the
same facts and have the same defenses, or asserting a joint right; or an employer and
employee being sued for the act of the employee when there is no question that the employee
was on the job and pursuing his/her assigned duties. On the other hand, a lawyer should never
represent both sides to a negotiation that is inherently antagonistic (e.g., Buyer/Seller) even if
both parties are friendly. If this engagement involves a request for multiple representation, a
more specific disclosure, discussion, waivers, and agreement will be required as a part of the
Engagement Letter.
9. Termination.
A client has the right to terminate an engagement with a law firm without cause, although
the client may have to fulfill obligations for fees already earned. A lawyer may terminate an
engagement for cause, including the client’s failure to live up to its obligations or because the
9
Revised 02.10.23
client’s choices or directions are unwise, or for other reasons specified in the Rules of
Professional Conduct. Absent such an early termination, our engagement for this matter will
terminate, and the attorney-client relationship for this matter will end, when the Firm sends you
its final bill in the matter, when the Firm sends you an email or letter confirming the conclusion
of the matter, or when no activity has been recorded on the matter for one year.
10. Conflicts and Conflict Waivers.
A ‘conflict of interest’ in the broader sense occurs where a person’s performance of
his/her duty to one person might be influenced by a self-interest or a temptation to consider
his/her duty to a different person, such that judgment might be affected. That concept has been
codified in certain of the Rules of Professional Conduct governing lawyers. Those rules are
slightly different in different states. In most jurisdictions (1) a lawyer cannot (without the
informed consent of both clients) represent one client directly adverse to another client in a
dispute or a negotiation, even if the two matters are completely unrelated; and (2) if one lawyer
is disqualified, so is the whole firm. These rules originated when law firms were small and local.
The first 100 lawyer firm in the US was in 1960, and still a single office. Most states now permit
this kind of conflict involving unrelated matters to be resolved by (1) screening the individual
lawyers involved in each of the matters from any access to the other matter; and (2) notice to
both clients. Some still give each client a veto power over the ability of the other client to hire
the separate lawyers in the firm, even where the two matters are sited in different states, with
different practice areas and no danger of disloyalty on the part of any individual. The Firm
consists of more than 300 lawyers in 11 offices in 6 states and the District of Columbia. Many
firms of our size demand an advance waiver of conflicts on certain conditions. Instead, we ask
that our clients promise to consider all requests for conflict waivers on their merits, and not deny
such request just because the law in that state permits them to do so. We will not ask for a
conflict waiver if we are not confident that all your confidences will be protected and that there
will be no adverse effect on the matter(s) we are handling for you. We will explain our analysis
and your options when and if such a situation arises.
11. Document Retention.
A. Your Documents Submitted to Us.
We will return any original documents you submit to us after they are no longer
needed for the representation. After the matter is concluded, we review our files for
such original documents and then return them. Nevertheless, please keep copies of
original documents you send us.
B. Your Documents Relating to the Matter.
If this is a matter in litigation, or as to which litigation is anticipated, PLEASE DO
NOT DESTROY any document or physical thing connected in any way with the dispute.
If you have a program of regularly destroying old documents, please suspend it with
respect to documents that might be associated with the matter. This also applies to
electronic records, e-mails, and the like. We will discuss this subject with you at greater
length, but recent developments in the law have made the matter of document
preservation important, with severe penalties for destroying evidence.
C. Our Document Retention.
After a matter is concluded, our policy is to (1) return original client documents;
(2) destroy duplicates, drafts, non-essential or interim pleadings, depositions, transcripts,
discovery, incidental correspondence, and the like; (3) either (i) digitally reproduce the
remaining documents and destroy physical copies, or (ii) store the remaining file at a
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Revised 02.10.23
secure off-site facility for 6 years; and (4) destroy the file in compliance with State
requirements or other agreement with no further notice. Please let us know if you want
us to deliver any part of the file to you after the matter is concluded.
12. Arbitration of Fee Disputes.
In some states, you have a right to have any fee dispute with your lawyer arbitrated by a
free service offered by the Bar Association, and the lawyer cannot refuse. In other states, such
an arbitration service is offered, but both the lawyer and the client must agree. In those states
that have voluntary arbitration of fee disputes, the Firm hereby consents to the procedure.
Some states require specific language in some or all engagement agreements:
A. New York.
In the event that there is a fee dispute between the parties to this agreement, you
may have the right to arbitrate or mediate such dispute. In particular, under relevant
New York Rules and Regulations (Part 137 of the Rules of the Chief Administrator of the
Court in New York), you may arbitrate a fee dispute if the amount in controversy is
between $1,000.00 and $50,000.00. Such arbitration will be held before the New York
State Fee Dispute Resolution Program and the decision reached in that arbitration will
be binding upon both parties, unless either party seeks a trial within 30 days of the date
that the arbitration decision is rendered. At your request, we will provide you with the
forms necessary to commence an arbitration proceeding under the relevant Rules and
Regulations.
B. California.
Any dispute between us as to our attorneys’ fees and/or costs charged under this
agreement shall be resolved as follows. We will provide you with written notice of your
right to arbitrate the fee dispute under the mandatory fee arbitration provisions of the
California State Bar Act (Business & Professions Code Section 6200 et seq.). At that
time, you may enter into an agreement with us that the arbitration will be binding or that
the dispute will ultimately be resolved by another form of binding arbitration.
13. Local Counsel Engagements.
The Firm is often asked to serve as part of a team in national litigation where the client
has hired another law firm to be its primary counsel or national coordinating counsel. Rule 11 of
the Federal Rules of Civil Procedure and the Rules of Professional Conduct and various local
rules have placed upon a law firm which serves as local counsel a continuing responsibility to
conduct a reasonable inquiry to ensure that litigation is not frivolous or unreasonable and that
the pleadings are well-grounded in fact and warranted by existing law or by a good faith
argument for the extension, modification or reversal of existing law. Carlton Fields accordingly
reserves the right to undertake activities or investigation deemed appropriate to comply with
those responsibilities. All pleadings and other documents prepared by lead counsel for Carlton
Fields to sign or file should be furnished with sufficient detail and allowance of time for this
review.
14. Corporate Transparency Act.
To the extent that the Corporate Transparency Act, Pub. L. No. PL 116-283, tit. LXIV, §
6401, 116 Stat. 1217 (2021), as may be amended, as well as all regulations that may be
promulgated thereunder (“CTA”), applies to you as a reporting company, you may have the
obligation to file a report with the U.S. Treasury Department’s Financial Crimes Enforcement
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Revised 02.10.23
Network (“FinCen”). The report requires the following information: (a) full legal name, (b) date of
birth, (c) current, as of the date on which the report is delivered, residential or business street
address, and (d) the unique identifying number from an acceptable identification document or a
FinCEN identifier issued in accordance with the CTA for each beneficial owner or applicant. If
our Firm’s representation includes advising you on the FinCen reporting requirements, our Firm
will assist you in preparing the applicable FinCen forms and counsel you on the filing
requirements. If our Firm’s representation includes preparing company formation documents,
our Firm will assist you in drafting your formation documents; provided, however, our Firm will
refrain from executing or filing your formation documents. It is our Firm’s policy that you or
your representative(s) sign the formation documents and either file them with the
relevant governmental entity or direct a filing agency to file them on your behalf.
15. California Consumer Privacy Act Disclosure.
To the extent that the California Consumer Privacy Act, sections 1798.100 to 1798.199,
Cal. Civ. Code (2018), as may be amended, as well as all regulations that may be promulgated
thereunder (“CCPA”), applies to our Firm’s representation of you in this matter, the Firm is
acting as a Service Provider as defined in the CCPA. In that regard, pursuant to this
engagement letter, the Firm is performing legal services on behalf of you and may, in the course
of this representation, process consumers’ personal information on your behalf. The Firm will
not retain, use, sell, or disclose that personal information, as those terms may be defined in the
CCPA, for any purpose other than to perform its legal services in this matter or as otherwise
permitted by the CCPA.
16. Services Available Besides Legal Services.
There are some services available at Carlton Fields other than legal services, some
offered by Carlton Fields, and some offered by Carlton Fields subsidiary entities.
A. Lobbying Services.
Carlton Fields represents clients before legislative and executive government
agencies in State, Federal, and local matters. Those services are performed not only by
lawyers registered with such bodies as lobbyists, but by our Government Consultants
with backgrounds with various agencies and in relevant technical fields. The distinctions
will be explained in an Engagement Letter for Lobbying Services, but among them is that
communications may not be privileged, as the attorney-client privilege applies only to
communications between lawyer and client regarding legal advice. In all other respects,
our lobbyists comply with the confidentiality and other Rules of Professional Conduct.
B. Digital Document Hosting and Other Technology Services.
These are described in a separate enclosure.
C. Carlton Fields Consultancies.
The Firm has established certain subsidiary entities that offer expert services
(other than legal services) in certain fields. Those services are available only under
separate written agreements with one of those consultancies.
BASIS OF CHARGES FOR ANCILLARY SERVICES
January 1, 2023
COMPUTER RESEARCH Standard Lexis, Westlaw rates
(Includes Westlaw, Lexis and All Other without markup
On-Line Computer Searches)
LITIGATION SUPPORT Please refer to the attached Practice
Technology Cost sheet
SECRETARIAL/WORD PROCESSING OVERTIME $ 40 per Hour
POSTAGE Actual Cost
FEDERAL EXPRESS/UPS Actual Cost
MILEAGE REIMBURSEMENT 65.5 cents per mile
(Will change as the IRS changes the
amount of the allowable mileage
reimbursement)
FAX TRANSMISSIONS $ .20 per page for outgoing faxes plus the
cost of any long distance phone call
TELEPHONE CHARGES Clients are billed for the actual cost of
long distance calls. Cellular phone calls
are billed at $ .20 per minute.
REPROGRAPHIC SERVICES Clients will be charged $ .20 per copy for
routine reproduction services and $.50
per copy for color reproduction services.
OUT-OF-POCKET COSTS Clients are requested to provide a cost
retainer to cover estimated out-of-pocket
costs which may be incurred by the Firm
during the representation.
Legal Services Agreement Carlton Fields 2023
Countersigned: CITY OF CLEARWATER, FLORIDA
___________________________ By: __________________________
Brian J. Aungst, Sr. Jennifer Poirrier
Mayor City Manager
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: 9662-23 2nd rdg
Agenda Date: 5/1/2023 Status: Agenda ReadyVersion: 1
File Type: OrdinanceIn Control: City Attorney
Agenda Number: 10.3
SUBJECT/RECOMMENDATION:
Adopt Ordinance 9662-23 on second reading, amending the Zoning Atlas of the city by rezoning
a portion of certain real property whose post office address is 1849 Gulf to Bay Boulevard,
Clearwater, Florida 33765, from Low Medium Density Residential (LMDR) to Commercial (C).
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 4/24/2023
Ordinance No. 9662-23
ORDINANCE NO. 9662-23
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY
BY REZONING A PORTION OF CERTAIN REAL
PROPERTY LOCATED ON THE SOUTH SIDE OF GULF
TO BAY BOULEVARD APPROXIMATELY 540 FEET EAST
OF KEENE ROAD, WHOSE POST OFFICE ADDRESS IS
1849 GULF TO BAY BOULEVARD, CLEARWATER,
FLORIDA 33765, FROM LOW MEDIUM DENSITY
RESIDENTIAL (LMDR) TO COMMERCIAL (C); 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 9666-23 becomes effective.
Property Zoning District
See attached Exhibit “A” for legal description; From: Low Medium Density
Residential (LMDR)
To: Commercial (C)
(REZ2022-11007)
Ordinance No. 9662-23
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form:
Matthew J. Mytych, Esq.
Senior Assistant City Attorney
Attest:
Rosemarie Call, MPA, MMC
City Clerk
Exhibit “A”
LUP2023‐01001 and REZ2022‐11007
1849 Gulf to Bay Boulevard; 13‐29‐15‐00000‐320‐0300
Legal Description:
The south 35 feet, more or less, of the following described property:
A parcel of land in the N.W. ¼ of the N.W. ¼ of the S.W. ¼ of Section 13, Township 29 South, Range 15 East, described as
follows:
The north 350 feet of the east ¼ of the northwest ¼ of the northwest ¼ of the southwest ¼ of said Section 13, Township
29 South, Range 15 East, lying and being situate in Pinellas County, Florida; less and except the road right of way
abutting the north thereof.
Exhibit “B”
PROPOSED ZONING MAP
Owner(s): Jasmine Naik Development, LLC Case: LUP2023-01001
REZ2022-11007
Site: A portion of 1849 Gulf to Bay Boulevard Property
Size(Acres): 0.125
Land Use Zoning
PIN: 13-29-15-00000-320-0300
From: Residential Urban (RU) Low Medium Density
Residential (LMDR)
To: Commercial General
(CG) Commercial (C) Atlas Page: 298A
PLANNING & DEVELOPMENT DEPARTMENT
COMMUNITY DEVELOPMENT BOARD STAFF REPORT
MEETING DATE: February 21, 2023
AGENDA ITEM: F.2.
CASE: REZ2022-11007
REQUEST: To amend the Zoning Atlas designation for a portion of a 1.135-acre
property from Low Medium Density Residential (LMDR) to Commercial
(C)
GENERAL DATA:
Agent................................
Owner ............................. Maleia Storum, Bowman and Pursuit Development
Jasmine Naik Development, LLC
Location ......................... 1849 Gulf to Bay Boulevard, located on the south side of Gulf to Bay
Boulevard approximately 540 feet east of Keene Road
Property Size................... 0.125 acres
Background:
This case involves a 0.125-acre portion of a 1.135-acre property located on the south side of Gulf to Bay
Boulevard approximately 540 feet east of Keene Road. The property is owned by Jasmine Naik
Development, LLC and is currently vacant. The applicant has indicated the desire to redevelop the site with a
restaurant use.
The property has historically been developed and used as a restaurant use, with numerous property owners
and tenants dating back to at least 1992. Historical aerials show a structure on the property since at least
1965. The property has been completely vacant since 2007 when the structure was demolished; however, the
structure appeared to have sat empty since 2005 and the property was the source of numerous public
nuisance and code compliance cases during this time. After the demolition, additional public nuisance and
code compliance cases have been opened, mostly due to overgrowth, graffiti, and abandoned vehicles, which
have all been resolved.
Currently, the property has two Zoning Atlas designations of Commercial (C) and Low Medium Density
Residential (LMDR). The Low Medium Density Residential (LMDR) zoning district is currently on the
southern 35 feet, more or less, of the property, totaling approximately 0.125 acres. The request is to change
the Zoning Atlas designation of this southern portion of the property from Low Medium Density Residential
(LMDR) to Commercial (C). A Future Land Use Map Amendment application (LUP2023-01001) is being
processed concurrently with this case.
The requested amendment to the Commercial (C) District would establish a single zoning district across the
site and would allow for the redevelopment of the property in the future. A site plan application has not been
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Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT
LONG RANGE PLANNING DIVISION
submitted at this time, and the applicant understands that all necessary approvals and permits must be
obtained before the development of the subject site occurs.
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
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Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT
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Map 3 shows the existing surrounding uses. To the north, across Gulf to Bay Boulevard, there are fast food
restaurants. To the east exist a retail plaza, sales office, and detached dwellings. To the west exists two retail
and sales uses and a telecommunications tower. The property adjacent to the south is currently vacant.
Additional uses to the southwest and the southeast are detached dwellings.
Map 3
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Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT
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As shown on Map 4, the Zoning Atlas designations abutting the amendment areas are Commercial (C) to the
north, west, and east. Commercial (C) also exists further north across Gulf to Bay Boulevard, further west
across Virginia Lane, and further east across Brookside Drive. Low Medium Density Residential (LMDR)
abuts the amendment area to the west and east, and also exists farther to the south, southwest and southeast.
Medium Density Residential (MDR) abuts the amendment area to the south .
Map 4
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Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT
LONG RANGE PLANNING DIVISION
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 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.
Policy A.5.5.4 The transition between intensive redevelopment areas and adjacent low density areas should
be sensitive to the scale of development in those low density areas.
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 is applicable to the proposed amendment:
Division 7. Commercial District, Section 2-701. Intent and Purpose. The intent and purpose of the
Commercial District is to provide the citizens of the City of Clearwater with convenient access to goods and
services throughout the city without adversely impacting the integrity of residential neighborhoods,
diminishing the scenic quality of the city or negatively impacting the safe and efficient movement of people
and things within the City of Clearwater.
The proposed Commercial (C) District is compatible with the existing Commercial (C) District that exists on
the remainder of the subject property and the adjacent properties to the west and east and to the north across
Gulf to Bay Boulevard. Gulf to Bay Boulevard is one of the city’s main commercial corridors, and the
proposed amendment would allow the site to be one zoning district which would make development easier in
the future. The surrounding neighborhood transitions to residential going south from Gulf to Bay Boulevard,
so future development of the site will need to be sensitive to potential conflicts between commercial and
residential uses. The applicant has indicated the desire to redevelop the property with a restaurant use;
however, no site plan application has been submitted at this time. The size of the property should allow for
development to be located closer to Gulf to Bay Boulevard which will provide a buffer between the
development and the residential uses to the southwest and southeast. Any trip generations would be reviewed
at the time of site plan review in accordance with the Mobility Management System. In addition, the
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Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT
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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 Conclusions of Law:
The request is consistent 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:
The proposed amendment area is part of a larger parcel which is currently zoned as Commercial (C) and is
currently vacant. To the north, across Gulf to Bay Boulevard, there are fast food restaurants. To the east
exists a retail plaza, sales office, and detached dwellings. To the west exists two retail and sales uses and a
telecommunications tower. The property adjacent to the south is currently vacant. Additional uses to the
southwest and the southeast are detached dwellings.
The proposed Commercial (C) zoning district, which primarily allows for retail sales & services and offices,
is consistent with the remainder of the subject property. The abutting zoning districts are Commercial (C),
Low Medium Density Residential (LMDR), and Medium Density Residential (MDR), and the area
transitions from commercial along Gulf to Bay Boulevard to residential south of Gulf to Bay Boulevard. The
proposed Commercial (C) zoning district would allow the property to have one consistent zoning district,
and this district has existed on the remainder of the property and in the area for numerous years. The
proposed use of a restaurant is compatible with the surrounding properties and neighborhood.
Recommended Conclusions of Law:
The proposed Commercial (C) District 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 neighborhoods.
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 amendment area, the maximum development potential under the existing and proposed
city Future Land Use Map designations were as analyzed.
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Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT
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Table 1. Development Potential for Existing & Proposed FLUM Designations
Existing FLUM
Designation
“RU”
Proposed FLUM
Designation
“CG”
Net Change
Site Area 0.125 AC
(5,445 SF)
0.125 AC
(5,445 SF)
Maximum
Development
Potential
0 DUs / 0 Hotel Units1
2,178 SF
0.40 FAR
0 DUs2 / 5 Hotel Units
2,994 SF
0.55 FAR
0 DUs / +5 Hotel Units
+816 SF
+0.15 FAR
Notes:
1. Overnight accommodation uses are not permitted in the consistent Low Medium Density Residential (LMDR)
District. Overnight accommodation uses are permitted in the consistent Medium Density Residential (MDR) District
as accessory uses; however, the underlying Residential Urban (RU) future land use category doesn’t provide for
overnight accommodation density.
2. Residential uses are not permitted through the consistent Commercial (C) District.
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 a minimal increase in development potential of under 1,000 square feet as
well as an increase of five hotel (overnight accommodation) units. The following analysis compares the
maximum potential development of the proposed Commercial General (CG) future land use developed with
a 2,994 square foot non-residential use to the maximum development potential of the existing Residential
Urban (RU) future land use category developed with a maximum of 0 dwelling units. Since the amendment
area along with the entire parcel is vacant, any development would increase the public facilities further
detailed below.
Potable Water
The change in development potential from this amendment would result in an increase in potable water use
of up to 299 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 permitted (299 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 designations (0 gallons per day).
Since the amendment area and the entire parcel is currently vacant, the potable water utilization could
increase up to 2,719 gallons per day if the entire parcel were to be developed with a non-residential use at the
maximum development potential of 27,192 square feet. However, due to future development having to meet
zoning code requirements, it’s likely that the actual development would be less than the maximum
development potential, meaning the increase in potable water would be less than the maximum potential of
2,719 gallons per day as shown in the analysis.
The city’s current potable water demand is 11.24 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 78 gallons per day per capita (2021 Annual Water Report). The city’s 10-year Water Supply
Facilities Work Plan (2022-2032 Planning Period), completed July 2022, indicates that based on the updated
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Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT
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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 240 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 permitted (240 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 (0 gallons per day).
Since the amendment area and the entire parcel is currently vacant, the wastewater utilization could increase
up to 2,175 gallons per day if the entire parcel were to be developed with a non-residential use at the
maximum development potential of 27,192 square feet. However, due to future development having to meet
zoning code requirements, it’s likely that the actual development would be less than the maximum
development potential, meaning the increase in wastewater would be less than the maximum potential of
2,175 gallons per day as shown in the analysis.
The subject property is served by the East Water Reclamation Facility, which presently has excess permitted
capacity estimated to be 1.9 million gallons per day, which is well within its permitted capacity of 5 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 increase up to 37.3 tons per year of solid
waste generated. This increase is determined by taking the utilization of the proposed land use developed
with the maximum square footage permitted (37.3 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
(0 tons per year).
Since the amendment area and the entire parcel is currently vacant, the solid waste created could increase up
to 338.5 tons if the entire parcel were to be developed with a non-residential use at the maximum
development potential of 27,192 square feet. However, due to future development having to meet zoning
code requirements, it’s likely that the actual development would be less than the maximum development
potential, meaning the increase in solid waste would be less than the maximum potential of 338.5 tons per
year as shown in the analysis.
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.
This is calculated using the total acreage of parks within the city, dividing it by the 2022 Florida Bureau of
Economic and Business Research (BEBR), and then multiplying by 1,000. Based on this impact analysis, the
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Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT
LONG RANGE PLANNING DIVISION
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 redeveloped. At that time, the stormwater
management system for the site will be required to meet all city and Southwest Florida Water Management
District stormwater management criteria.
Streets
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. However, since the underlying Countywide Plan Map category of Retail & Services (R&S) is not
changing, the number of potential trips per day per acre would also not change. The proposed amendment
area could create 54 trips per day per acre based on the tragic generation number of 433 trips per day per acre
found within the Retail & Services (R&S) category. The entire site could create up to 491 trips per day per
acre. Since the parcel is currently vacant, any development would increase the number of trips to and from
the site.
Gulf to Bay Boulevard is a six-lane, divided principal arterial roadway. The city’s Traffic Engineering
division would likely provide traffic-related comments at the time of site plan review to address issues such
as ingress and egress and vehicle stacking.
Recommended Conclusions of Law:
Based upon the findings of fact, the proposed amendment would increase the demand on several of the
public facilities since the property is currently vacant; 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, stormwater management, and streets.
Location of District Boundaries [Section 4-602.F.6]
Recommended Findings of Fact:
The location of the proposed Commercial (C) District boundaries is consistent with the legal descriptions
provided 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.
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Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT
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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 a
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 Low Medium Density Residential
(LMDR) District to the Commercial (C) District.
Prepared by Planning and Development Department Staff: ________
Kyle Brotherton
Senior Planner
ATTACHMENTS: Ordinance No. 9662-23
Resume
Photographs of Site and Vicinity
LUP2023-01001 & REZ2022-11017
Jasmine Naik Development, LLC
1849 Gulf to Bay Boulevard
View looking south at subject property 1849 Gulf to Bay
Boulevard
East of the subject property
Across the street, to the north of the subject property
View looking easterly along Gulf to Bay Boulevard View looking westerly along Gulf to Bay Boulevard
West of the subject property
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: 9663-23 2nd rdg
Agenda Date: 5/1/2023 Status: Agenda ReadyVersion: 1
File Type: OrdinanceIn Control: City Attorney
Agenda Number: 10.4
SUBJECT/RECOMMENDATION:
Adopt Ordinance 9663-23 on second reading, making amendments to the Clearwater
Downtown Redevelopment Plan by amending Chapter 4. Plan Implementation, Public
Amenities Incentive Pool.
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 4/24/2023
ORDINANCE NO. 9663-23
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA MAKING
AMENDMENTS TO THE CLEARWATER DOWNTOWN REDEVELOPMENT
PLAN BY AMENDING CHAPTER 4. PLAN IMPLEMENTATION, PUBLIC
AMENITIES INCENTIVE POOL; CERTIFYING CONSISTENCY WITH THE
CITY’S COMPREHENSIVE PLAN AND PROPER ADVERTISEMENT;
PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Forward Pinellas, in its role as the Pinellas Planning Council, has recognized
the Clearwater Downtown Redevelopment Plan (“the Downtown Plan”) as a former Special Area
Plan, as memorialized in The Countywide Plan Appendix, which has been classified as an Activity
Center – Urban Center subcategory on the Countywide Plan Map, and the City of Clearwater (“the
City”) has the authority pursuant to The Countywide Rules to amend plans governing Activity
Centers; and
WHEREAS, the Public Amenities Incentive Pool (“the Pool”) was established in the
Downtown Plan to achieve the City’s vision for Downtown and to overcome the numerous
constraints affecting redevelopment, and the Pool is available to all properties within the
Downtown Plan boundaries that provide one or more eligible amenities that provide a direct
benefit to Downtown revitalization; and
WHEREAS, on March 1, 2018, the City Council adopted the updated and amended
Clearwater Downtown Redevelopment Plan, which reaffirmed the City’s vision for Downtown
Clearwater as the urban core and heart of the City which will be an attractive place to live, work,
shop, and play; and
WHEREAS, to further support redevelopment and the allocation of density/intensity
available through the Pool, the City wants to extend the authority to allocate units from the Pool
to the Community Development Coordinator; and
WHEREAS, the City has determined that these amendments to the Downtown Plan
promote and support the public health, safety, morals, and welfare, of the City’s residents; and
WHEREAS, the proposed amendments to the Downtown Plan conform to the City’s
general comprehensive plan; and
WHEREAS, at a duly noticed public meeting the Clearwater Community Development
Board, pursuant to its responsibilities as the Local Planning Agency, has reviewed these
amendments, conducted a public hearing, considered all public testimony and has determined
that these amendments are consistent with the City of Clearwater’s Comprehensive Plan and
recommended that the City Council adopt these amendments; and
WHEREAS, the Community Redevelopment Agency has reviewed the proposed
amendments to the Clearwater Downtown Redevelopment Plan and recommends approval to the
City Council; and
WHEREAS, the City Council has fully considered the recommendations of the Community
Development Board and the Community Redevelopment Agency, and testimony and evidence
submitted at their public hearings; now therefore,
2 Ordinance No. 9663-23
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA:
Section 1. That Chapter 4. Plan Implementation of the Clearwater Downtown
Redevelopment Plan, Public Amenities Incentive Pool, be amended to read as follows:
Public Amenities Incentive Pool
* * * * * * * * * *
Eligible Amenities
All property within the Downtown Plan boundaries will be eligible to use the Public Amenities
Incentive Pool. Allocations from the Pool will be available to projects that provide one or more
improvements and/or fees in-lieu of certain improvements that provide a direct benefit to
Downtown revitalization and furthers the Plan’s guiding principles and major redevelopment
goals. The allocation of increased density or intensity through the Pool shall be at the discretion
of the City as determined through the Community Development Code site plan review process.
The types of amenities eligible for density/intensity bonuses may include, but are not limited to:
• Residential uses in the Downtown Plan area;
• Ground floor retail in the Downtown Plan area;
• Uses in particular locations and/or mixed use projects that further the Plan’s major
redevelopment goals and character district vision (e.g., hotel, Class A office space in
Downtown Core and Prospect Lake, residential rental (full-time occupancy), ground floor
retail, mixed-use);
• Day care facility;
• Portion of project reserved for Affordable Housing;
• Significant Public Space on site;
• Public Art on site;
• Preservation of a historic building to the Secretary of Interior’s Standards;
• Construction of public parking on site;
• Sustainable development (e.g., green roof, solar panels, electric vehicle charging,
achievement of nationally recognized green building certification);
• Cultural or Performing Arts Facility on site;
• Contributions to Master Streetscape and Wayfinding Plan;
• Contributions to Coachman Park Imagine Clearwater or Station Square Master Plan;
• Contributions to Pinellas Trail or connector trails;
• Contributions to public parking facility; or
• As determined by the City Council.
* * * * * * * * * *
Pool Allocation Process
The allocation of additional density/intensity shall be made in conjunction with a site plan
application reviewed by the Community Development Coordinator or the Community
Development Board (CDB) through a process defined in the Community Development Code. The
Community Development Coordinator or the CDB will be responsible for ensuring that all projects
utilizing the Pool meet the goals, objectives and policies of the Plan and is in keeping with the
vision established for the character district in which the project is located. The Community
3 Ordinance No. 9663-23
Development Coordinator or the CDB may consider granting an increase in the maximum building
height specified in a character district if the developer of a site plan application provides a major
public amenity as defined in the Community Development Code, and the increase in height does
not exceed 20% of the maximum permitted height or a minimum of ten feet. Development potential
obtained through the Pool shall not be transferred to any other site under any circumstance.
* * * * * * * * * *
Section 2. The City Manager or designee shall forward the proposed Clearwater
Downtown Redevelopment Plan amendments to any agency required by law or rule to review or
approve same.
Section 3. Should any part or provision of this Ordinance be declared by a court of
competent jurisdiction to be invalid, the same shall not affect the validity of the Ordinance as a
whole, or any part thereof other than the part declared to be invalid.
Section 4. This ordinance shall take effect immediately upon adoption, subject to the
approval by the Pinellas County Board of County Commissioners and the Countywide Planning
Authority.
PASSED ON FIRST READING ____________________________
PASSED ON SECOND AND FINAL ____________________________
READING AND ADOPTED
____________________________
Mayor
Approved as to form: Attest:
____________________________ ____________________________
Matthew J. Mytych, Esq. Rosemarie Call, MPA, MMC
Senior Assistant City Attorney City Clerk
PLANNING & DEVELOPMENT DEPARTMENT COMMUNITY DEVELOPMENT BOARD STAFF REPORT
MEETING DATE: April 18, 2023
AGENDA ITEM: E.1.
ORDINANCE NO.: 9663-23
REQUEST: Review and recommendation to the City Council on amendments to the Clearwater Downtown Redevelopment Plan to revise the Public Amenities Incentive Pool eligible amenities and pool allocation process.
INITIATED BY: City of Clearwater, Planning and Development Department
BACKGROUND:
The city established the Public Amenities Incentive Pool (Pool) in 2004 as part of a major update
to the Clearwater Downtown Redevelopment Plan (Plan). At the time, various constraints
affecting redevelopment had been identified, and the Pool was one means of supporting the
private sector in their efforts to redevelop Downtown which concurrently provided benefits to
the public when utilized.
The Plan establishes the Pool, the allocation process, and qualifying amenities, while the
Community Development Code references the Pool and is the implementing tool. Units and
square feet of floor area within the Pool may be allocated for additional development potential in
Downtown until the Pool is depleted. Developers may request increases in density and/or
intensity in excess of the established maximum development potential, based on the provision of
and/or payment of fees in-lieu of certain public amenities through a negotiated process approved
by the Community Development Board. Currently there are 2,079 dwelling units and 2,095,667
square feet of floor area available for allocation from the Public Amenities Incentive Pool which
may be requested for projects anywhere within in the Downtown District.
The 2018 update to the Plan reaffirmed the vision for Downtown as the urban core and heart of
the City. Generally, the 2018 Plan’s updated goals, objectives, policies and development
potential support a multimodal Downtown, preservation of neighborhood character, allow for
greater development opportunities for existing lots, and encourage a variety of housing types. No
Planning & Development Department Clearwater Downtown Redevelopment Plan Amendment Long Range Planning Division
Community Development Board – April 18, 2023 Ordinance No. 9663-23 – Page 2
changes were made to the Public Amenities Incentive Pool process or eligible amenities at that
time.
More recently, Planning and Development Department staff have been evaluating the Public
Amenities Incentive Pool program to identify ways to further increase development in the
Downtown Core. One recommendation, which was discussed with City Council at its April 17,
2021 Work Session, is to establish a two-tier approach to allocating units and floor area from the
existing Pool. Because the Plan establishes the allocation process, it must be amended to allow
for such a change (proposed Ordinance No. 9663-23). Additionally, to implement these changes,
amendments to Appendix C. Downtown District and Development Standards will also be
required (see companion case TA2023-01001, proposed Ordinance No. 9664-23).
ANALYSIS:
Proposed Ordinance No. 9663-23 amends two components of the Public Amenities Incentive
Pool subsection located in Chapter 4. Plan Implementation of the Clearwater Downtown
Redevelopment Plan (page 132 of the Plan).
First, the eligible amenities list is proposed to be reorganized and expanded. New Class A office
space in the Downtown Core and Prospect Lake Character Districts is desired and supported
through Plan policies. Residential rental projects bring full-time residents to Downtown,
consistent with the Integrated Variety Guiding Principle and helping meet the Plan’s People
Goal. Similarly, hotels are another means of bringing people and generating activity and are
therefore a desired in all Character Districts. The inclusion of sustainable development options
such as achieving green building certifications (e.g., LEED) and providing electric vehicle
charging stations furthers the Plan’s Environment Guiding Principle.
Second, amendments to the Pool Allocation Process would allow the Community Development
Coordinator to approve allocations from the Pool. The allocation process will continue to be
defined in the Community Development Code, but these changes enable a streamlined process
through the Development Review Committee (DRC) for future requests.
CONSISTENCY WITH COMPREHENSIVE PLAN
A review of the Clearwater Comprehensive Plan identified the following Objectives and Policies
which will be furthered by the proposed amendments to the Clearwater Downtown
Redevelopment Plan:
Planning & Development Department Clearwater Downtown Redevelopment Plan Amendment Long Range Planning Division
Community Development Board – April 18, 2023 Ordinance No. 9663-23 – Page 3
Policy A.5.5.5 Update Beach by Design: A Preliminary Design for Clearwater Beach and
Design Guidelines, and the Clearwater Downtown Redevelopment Plan,
as needed.
Objective A.6.1 The redevelopment of blighted, substandard, inefficient and/or obsolete
areas shall be a high priority and promoted through the implementation of
redevelopment and special area plans, the construction of catalytic private
projects, city investment, and continued emphasis on property
maintenance standards.
Policy A.6.1.8 The City shall continue to support and implement approved community
redevelopment area plans, such as the Clearwater Downtown
Redevelopment Plan adopted in 2004 and Beach by Design adopted in
2001.
Policy A.6.1.10 Clearwater will continue to support the tax increment financing program
and redevelopment efforts of the downtown area through activities of the
economic development office and actions of the City Council as the
Community Redevelopment Agency.
Objective A.6.8 Identify those areas of the City that are appropriate for redevelopment as
livable communities and require that specific sustainable elements be used
in the redevelopment of these areas.
Objective C.1.1 Assure an adequate supply of housing in Clearwater by providing for
additional new dwelling units in a variety of types, costs, and locations to
meet the needs of the residents of the City of Clearwater.
Objective C.1.10 Recognizing that sustainable building techniques contribute to keeping
housing units affordable over the long term by reducing energy
consumption, lowering utility bills and decreasing maintenance costs, the
City of Clearwater will promote the use of green housing construction and
renovation and rehabilitation techniques.
Proposed Ordinance No. 9663-23 is consistent with the Clearwater Comprehensive Plan as
evidenced by the objectives and policies identified above. Amending the Public Amenities
Incentive Pool allocation process to allow the Community Development Coordinator to approve
allocations supports Downtown redevelopment efforts by bringing greater consistency to and
streamlining of the process which will encourage greater use of the Pool and thus redevelopment
of properties overall. Similarly, utilizing the Pool to incentivize Class A office space in two
Planning & Development Department Clearwater Downtown Redevelopment Plan Amendment Long Range Planning Division
Community Development Board – April 18, 2023 Ordinance No. 9663-23 – Page 4
Character Districts further supports the Economic Development and Housing Department’s
activities in these areas. Allowing sustainable design options as potential amenities for which
Pool allocations can be granted helps to address certain contributors to housing affordability and
furthers the city’s desire for livable communities as Downtown redevelops.
SUMMARY AND RECOMMENDATION:
The Community Development Board is reviewing proposed Ordinance No. 9663-23 in its
capacity as the Local Planning Agency (LPA) and is requested to make a recommendation
regarding the proposed amendments to the City Council. Additionally, the Community
Redevelopment Agency (CRA) is requested to make a recommendation to the City Council
regarding the amendments to the Plan. Once the City Council approves these amendments, they
will be submitted to the Board of County Commissioners for approval as amendments to the
Community Redevelopment Plan for the CRA. The amendments will also be submitted to
Forward Pinellas, in its capacity as the Pinellas Planning Council, and the Countywide Planning
Authority for review and approval as the Special Area Plan governing Downtown.
The proposed amendments to the Plan implement the City Council’s desire to further support
redevelopment in Downtown and will allow for the allocation of units and floor area from the
Public Amenities Incentive Pool in additional ways.
Based upon the above, the Planning and Development Department recommends APPROVAL of
Ordinance No. 9663-23 which amends the Clearwater Downtown Redevelopment Plan.
Prepared by Planning and Development Department Staff: Lauren Matzke, AICP Planning & Development Assistant Director
ATTACHMENTS: Ordinance No. 9663-23
Resume
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: 9664-23 2nd rdg
Agenda Date: 5/1/2023 Status: Agenda ReadyVersion: 1
File Type: OrdinanceIn Control: City Attorney
Agenda Number: 10.5
SUBJECT/RECOMMENDATION:
Adopt Ordinance 9664-23 on second reading, making amendments to the Community
Development Code, Appendix C, Division 3., Character District Standards by amending
standards, and Division 8. Flexibility.
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 4/24/2023
1
ORDINANCE NO. 9664-23
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA MAKING
AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE, APPENDIX C,
DOWNTOWN DISTRICT AND DEVELOPMENT STANDARDS, BY AMENDING
DIVISION 3. CHARACTER DISTRICT STANDARDS, DIVISION 4. FRONTAGE
STANDARDS, AND DIVISION 8. FLEXIBILITY; CERTIFYING CONSISTENCY
WITH THE CITY’S COMPREHENSIVE PLAN AND PROPER ADVERTISEMENT;
PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Clearwater adopted the Community Development Code on
January 21, 1999, which took effect on March 8, 1999; and
WHEREAS, on August 2, 2018, the City adopted a new Downtown District and
Development Standards as Appendix C of the Community Development Code to ensure
Downtown redevelops with quality urban design, a high-quality public realm, and a dense and
livable pattern of development; and
WHEREAS, the Public Amenities Incentive Pool was established by the Clearwater
Downtown Redevelopment Plan (“Downtown Plan”) to achieve the City’s vision for Downtown
Clearwater as the urban core and heart of the City which will be an attractive place to live, work,
shop, and play and to overcome the numerous constraints affecting redevelopment; and
WHEREAS, the Public Amenities Incentive Pool provides projects an opportunity to gain
additional density or increased floor area ratio when certain amenities that directly relate to the
Downtown Plan's redevelopment goals are incorporated; and
WHEREAS, the City desires to streamline the allocation process by utilizing a two-tiered
approach, with certain density or intensity increases approvable by the Community Development
Coordinator; and
WHEREAS, the City has determined where the Community Development Code also
needs clarification and revision in other sections relating to transition areas, step backs, and
setbacks in Downtown; and
WHEREAS, the City desires for the Community Development Code to function effectively
and equitably throughout Downtown; and
WHEREAS, the City has determined that these amendments to the Community
Development Code promote and support the public health, safety, morals, and welfare, of the
City’s residents; and
WHEREAS, at a duly noticed public meeting the Clearwater Community Development
Board, pursuant to its responsibilities as the Local Planning Agency, has reviewed this
amendment, conducted a public hearing, considered all public testimony and has determined that
this amendment is consistent with the City of Clearwater’s Comprehensive Plan and
recommended that the City Council adopt this amendment; and
WHEREAS, the City Council has fully considered the recommendation of the Community
Development Board and testimony and evidence submitted at its public hearing; now therefore,
2 Ordinance No. 9664-23
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA:
Section 1. That Appendix C. Downtown District and Development Standards, Division
3. Character District Standards, Section C-301. Development Potential, be amended to read as
follows, and all subsequent tables and applicable references within Appendix C. be renumbered
accordingly:
Section C-301. – Development potential.
A. Maximum Development Potential.
1. Development in the Downtown District shall be consistent with the development potential
set forth by location in the Clearwater Downtown Redevelopment Plan. Properties within
the Downtown District shall have a future land use of Central Business District (CBD),
which is consistent with the Activity Center (AC) Countywide Plan Map category and the
Special Center subcategory in the Countywide Plan for Pinellas County. The maximum
development potential set forth for each established character district is shown on Figures
3 through 7. Residential uses and overnight accommodation uses are regulated by
density, or units per acre, while nonresidential uses are regulated by intensity, or floor
area ratio (FAR). The development potential for mixed-use projects shall be determined
consistent with Section 3-902.
2. The Public Amenities Incentive Pool and the Pool allocation process areis established in
the Clearwater Downtown Redevelopment Plan. The Pool allows for density and/or
intensity increases for projects in excess of the allowable maximum development
potential established for a parcel for projects that meet the goals, objectives, and policies
of the Redevelopment Plan and are consistent with the vision established for the
character district in which the projects are located. There are two approval processes
available for projects requesting an allocation of units or intensity from the Pool,
established herein.
a. Pursuant to Sections 4-201 and C-901, a pre-application conference shall be required
for projects in the Downtown District. This meeting should also be used to vet any
request for development potential from the Public Amenities Incentive Pool, the public
amenities to be proposed, as well as any requested height bonus.
b. Tier 1 – Streamlined Allocation Process: The Community Development Coordinator
may approve allocations of density and/or intensity from the Public Amenities
Incentive Pool for certain projects in the Downtown District as part of a Level One
(Flexible Standard Development) approval, consistent with the following:
1. Projects must meet the specific criteria listed in Table 1. Tier 1 Public Amenities
Incentive Pool Criteria.
2. Pursuant to Section 3-902, vertical mixed-use projects are permitted to utilize the
full allocation of residential density and nonresidential intensity.
For example, a vertical mixed-use project on a 1.0-acre parcel in the Downtown
Core that includes rental residential units and Class A office space, consistent
3 Ordinance No. 9664-23
with Table 1, could achieve a total density of 105 dwelling units per acre and a
5.0 FAR, as illustrated below.
75 du/ac (maximum base density in Downtown Core)
+ 30 du/ac (40% density bonus, min. 50% units residential rental)
105 du/ac (105 dwelling units permitted)
4.0 FAR (maximum base intensity in Downtown Core)
+ 1.0 FAR (25% FAR bonus, min. 25% of building’s rentable floor
area is dedicated to office use and is Class A Office space)
5.0 FAR (217,805 SF permitted)
c. Tier 2 – Public Hearing Allocation Process: The Community Development Board may
approve allocations of density and/or intensity from the Pool for projects as part of a
Level Two (Flexible Standard Development) approval, including projects that do not
qualify for the Tier 1 – Streamlined Allocation Process, consistent with the following:
1. Projects must that incorporate one or more improvements and/or payment of fees
in-lieu of certain improvements that provide a direct benefit to Downtown
revitalization, consistent with the eligible amenities listed in the Clearwater
Downtown Redevelopment Plan.
2. Pursuant to Section 3-902, vertical mixed-use projects are permitted to utilize the
full allocation of residential density and nonresidential intensity.
d. Projects requesting dwelling units and/or floor area through a Tier 1 or Tier 2
allocation process that are located on properties not identified as transitional
properties on Figure 8. Maximum Height & Height Transitions may request an
increase in height consistent with the following:
1. The determination about the height bonus will be based on the extent of the major
amenities provided, project design, and compatibility with surrounding properties.
There shall be a reasonable relationship between the extent of the allocation
requested and increases in height.
2. Increased height shall not exceed 20 percent of the maximum permitted height or
a minimum height of 10 feet.
e. Where a project is approved to utilize a payment in-lieu of a public amenity, payment
shall be made prior to issuance of any building permit to construct building
foundation(s) or vertical improvements based on the total construction cost.
f. Development potential obtained through this allocation process shall not be
transferred to any other site under any circumstances.
4 Ordinance No. 9664-23
Table 1. Tier 1 Public Amenities Incentive Pool Criteria
Requirement (Public Benefit)
Type of Bonus
(Residential Density, Hotel Density, Floor Area) Downtown Core Old Bay South Gateway Prospect Lake Downtown Gateway Rental residential units1 provided in project
consistent with one of the following:
• Minimum 25% gross floor area is rental
residential for a mixed-use project; or
• Minimum 50% of units are dedicated rental if
project is residential-only.
Residential (du/ac)
Hotel (ov/ac)
Floor Area (FAR)
40%
--
--
40%
--
--
40%
--
--
40%
--
--
40%
--
--
Residential units1 provided in project consistent with
one of the following:
• Minimum 25% gross floor area is residential for
a mixed-use project; or
• Project is residential-only (100% residential).
Residential (du/ac)
Hotel (ov/ac)
Floor Area (FAR)
20%
--
--
20%
--
--
20%
--
--
20%
--
--
20%
--
--
Class A Office space provided in project consistent
with all of the following:
• Minimum 25% of building’s aggregate rentable
floor area as defined by the Building Owners
and Managers Association International
(BOMA) is solely reserved for occupancy by
office uses; and
• Such rentable floor area is Class A as
determined by the Economic Development and
Housing Director.2
Residential (du/ac)
Hotel (ov/ac)
Floor Area (FAR)
--
--
25%
--
--
--
--
--
--
--
--
20%
--
--
--
Hotel use includes a minimum of 20% of gross floor
area comprised of public function space (e.g.,
meeting rooms, ballrooms, banquet halls).
Residential (du/ac)
Hotel (ov/ac)
Floor Area (FAR)
--
25%
--
--
--
--
--
--
--
--
--
--
--
--
--
LEED Gold certification or equivalent as determined
by the Community Development Coordinator
achieved when project constructed.3
Residential (du/ac)
Hotel (ov/ac)
Floor Area (FAR)
35%
20%
20%
35%
20%
20%
35%
20%
20%
35%
20%
20%
35%
20%
20%
Public parking provided through one of the following:
• Structured parking that includes a minimum of
10% of all required vehicle parking spaces or
20 spaces total, whichever is greater, reserved
for public parking; or
• Financial support to the city’s parking fund or
its successor fund equal to one and one
quarter of a percent (1.25%) of the aggregate
job value.
Residential (du/ac)
Hotel (ov/ac)
Floor Area (FAR)
35%
20%
20%
35%
20%
20%
35%
20%
20%
35%
20%
20%
35%
20%
20%
Property frontage(s) meet the city’s streetscape
standards consistent with the Master Streetscape
Plan within the Clearwater Downtown
Redevelopment Plan or as determined by the
Community Development Coordinator and City
Engineer (e.g., wider sidewalks, decorative street
lighting, street furniture).
Residential (du/ac)
Hotel (ov/ac)
Floor Area (FAR)
35%
20%
20%
35%
20%
20%
35%
20%
20%
35%
20%
20%
35%
20%
20%
Electric Vehicle (EV) Parking Spaces provided in
project consistent with all of the following:
• Minimum 20% of all required parking spaces
and a minimum 10% for all additional parking
spaces (not required), or 10 spaces total,
whichever is greater, are EV-Ready;4 and
• Minimum 5% of all required parking spaces
and a minimum of 2% for all additional parking
spaces (not required), or two spaces,
whichever is greater, have electrical vehicle
Residential (du/ac)
Hotel (ov/ac)
Floor Area (FAR)
15%
10%
10%
15%
10%
10%
15%
10%
10%
15%
10%
10%
15%
10%
10%
5 Ordinance No. 9664-23
supply equipment (EVSE) with Level 2
charging capacity or greater installed.
Public art provided through one of the following:
• Minimum one percent (1%) of the aggregate
job value up to the sum of $350,000 per project
for the provision of public art located in publicly
accessible locations5; or
• Financial support to the city’s public art fund or
its successor fund equal to three quarters of
one percent (0.75%) of the aggregate job value
(applies to any portion of bonus requested).
Residential (du/ac)
Hotel (ov/ac)
Floor Area (FAR)
10%
5%
5%
10%
5%
5%
10%
5%
5%
10%
5%
5%
10%
5%
5%
Footnotes:
1. Projects providing affordable or workforce housing shall provide to the Community Development Coordinator a restrictive
covenant, duly executed by the owner of the parcel(s), in a form approved by the city attorney, that has been recorded in the
Public Records of Pinellas County, Florida. This covenant shall: address income restrictions; homebuyer or tenant
qualifications; long-term affordability; any other applicable restrictions and qualifications pertaining to the development and
the reserved affordable or workforce housing units; and shall run with the land and shall be binding on the assigns, heirs
and successors of the applicant. Reserved affordable or workforce housing units that are provided under this section,
whether rental or owner-occupied, shall remain as affordable housing for a minimum of 15 years from the date of initial
occupancy. Prior to June 1st of each year, the property owner(s) or authorized property manager of any reserved rental
affordable or workforce housing dwelling unit shall submit to the city's Economic Development and Housing Department
Director an annual report for the preceding calendar year, in a format as approved by the city, in order for the city to verify
that the tenants meet the income requirements for the reserved rental affordable housing dwelling units and that other
stipulations in the covenant are being met.
2. Class A office space is defined as office space that features the finishes, amenities, building systems, and services within
the building based upon the best quality 1% of office space present in the Tampa - St. Petersburg - Clearwater Metropolitan
Statistical Area, and shall be verified by the city’s Economic Development and Housing Director. 3. Applicant shall submit the LEED Project Checklist or equivalent documentation prior to building permit issuance.
Additionally, applicant shall post a bond at time of building permit application equal to the cost to construct the equivalent
number of units received from the density bonus utilizing the rental or other residential housing bonus detailed in this table.
If the project does not achieve LEED Gold certification, this bond shall be forfeited, and monies deposited into the city’s
housing trust fund or its successor fund.
4. To be EV Ready the project must include a dedicated electrical circuit with sufficient capacity for future dedicated Level 2
charging or greater provided for each required space. Each circuit shall have conduit and wire sufficient to provide Level 2
charging or greater and shall end at an electrical box or enclosure located near each required space.
5. Aggregate job value shall be the combined job value of all building permits required for the construction of the project (e.g.,
site work, permits for individual structures, etc.)
du/ac = dwelling units per acre FAR = floor area ratio
ov/ac = overnight accommodation units per acre
3. Residential density on parcels proposed for development within the Downtown Gateway
Character District which have frontage along Street Type F shall be limited to no more
than two dwelling units on local streets, including one duplex or a detached dwelling with
carriage house only, or three dwelling units on collector streets, including one duplex and
one carriage house.
* * * * * * * * * *
Section 2. That Appendix C. Downtown District and Development Standards, Division
3. Character District Standards, Section C-302. Building Height and Figure 8 be amended to read
as follows:
Section C-302. - Building height.
B. Height Transitions & Step Backs.
6 Ordinance No. 9664-23
1. Buildings greater than 75 feet in height shall provide at least a 15-foot minimum façade
step back from the lower floor façade at or between floors 3 through 6 along their frontage
or along their primary street frontage if site has multiple street frontages. Buildings greater
than 150 feet in height shall have an additional 15-foot minimum façade step back at or
between floors 12 through 15 along their frontage or along their primary street frontage if
site has multiple street frontage.
2. Buildings along the boundary of the Downtown District and/or thoseThose properties
within the Downtown District for which the permissible maximum height would be greater
than 10 feet higher than the permissible maximum height on an abutting parcel (see
height transitions identified on Figure 8. Maximum Height & Height Transitions) shall have
at least a 15-foot minimum façade step back from the lower floor façade between the 3rd
and 6th floor along the property line(s) which abut the boundary and/or a property with a
lesser permissible height.
* * * * * * * * * *
(Remove existing Figure 8. comprised of 1 map and replace with the following map with new
footnote noting properties receiving allocations from the Public Amenities Incentive Pool are not
permitted increases in height if located in height transition zones)
7 Ordinance No. 9664-23
Section 3. That Appendix C. Downtown District and Development Standards, Division
4. Frontage Standards, be amended to read as follows:
* * * * * * * * * *
Table 43. Frontages and Street Types
Frontages General Character Front
Setback
Parking
Location
Street Types
A B C D E F
Storefront 1 Traditional "Main Street"
conditions with continuous
storefronts with high levels of
storefront transparency.
3' max. Rear yard
parking. No
parking along
street
frontages.
● ● ●
Storefront 2 Traditional "Main Street"
conditions with moderate levels
of storefront transparency and
allowance for side yard parking.
3' max. Rear yard and
limited side
parking
permitted.
●
Workshop/
Flex
Flexible frontages with modest
setbacks, discontinuous frontage
and moderate transparency.
5'
min.—
10'
max.
Rear yard and
limited side
parking
permitted.
●
Urban
Residential 1
Urban townhouse and
apartments with individual
entries and front stoops.
3'
min.—
5' max.
Rear yard
parking. No
parking along
street
frontages.
● ●
Residential* and Overnight Accommodation (Bed & Breakfast) Uses Only
Urban
Residential 2
Urban townhouse and
apartments with modest
landscaped setbacks and
allowance for front porches and
shared entries
8'
min.—
15'
max.
Rear yard
parking and
limited side
parking
permitted. No
parking along
street
frontages.
●
Neighborhood
Infill
Single family houses, duplexes,
townhouses, and small
apartments with modest
landscaped setbacks.
8'
min.—
15'
max.
Parking behind
units accessed
from side
streets or
shared drives.
●
Neighborhood
Conservation
Single family houses and
duplexes with traditional front
yards.
20'
min.
Parking behind
front façades
accessed from
private
driveways.
●
* Except as provided for in Division 8. Flexibility
* * * * * * * * * *
8 Ordinance No. 9664-23
Section C-406. – Workshop/flex frontage.
* * * * * * * * * *
B. Building Setbacks.
* * * * * * * * * *
2. Front building setbacks on Fort Harrison Avenue, Cleveland Street, and Osceola
Avenue shall be increased to the extent required to allow for the creation of sidewalks
widths consistent with the Master Streetscape Plan within the Clearwater Downtown
Redevelopment Plan.
32. To promote the continuity of frontages along front setbacks, the space between buildings
on the same or adjacent sites, or between building wings for “U”-shaped buildings, shall
be 80 feet maximum. shall be 80 feet maximum.
* * * * * * * * * *
Section C-408. – Urban residential 2 frontage.
* * * * * * * * * *
B. Building Setbacks.
* * * * * * * * * *
2. Front building setbacks on Fort Harrison Avenue, Cleveland Street, and Osceola
Avenue shall be increased to the extent required to allow for the creation of sidewalks
widths consistent with the Master Streetscape Plan within the Clearwater Downtown
Redevelopment Plan.
32. To promote the continuity of frontages along front setbacks, the space between buildings
on the same or adjacent sites, or between building wings for “U”-shaped buildings, shall
be 80 feet maximum. shall be 80 feet maximum.
* * * * * * * * * *
Section 4. That Appendix C. Downtown District and Development Standards, Division
8. Flexibility, Section C-803.A. Character District Standards – Height Transitions, be renamed to
read as follows:
Section C-803. – Flexibility provisions.
Flexibility may be approved subject to the standards below.
A. Character District Standards – Height Transitions & Step Backs.
* * * * * * * * * *
9 Ordinance No. 9664-23
Section 5. Amendments to the Community Development Code of the City of
Clearwater (as originally adopted by Ordinance No. 6348-99 and subsequently amended) are
hereby adopted to read as set forth in this Ordinance.
Section 6. The City of Clearwater does hereby certify that the amendments contained
herein, as well as the provisions of this Ordinance, are consistent with and in conformance with
the City’s Comprehensive Plan.
Section 7. Should any part or provision of this Ordinance be declared by a court of
competent jurisdiction to be invalid, the same shall not affect the validity of the Ordinance as a
whole, or any part thereof other than the part declared to be invalid.
Section 8. Notice of the proposed enactment of this Ordinance has been properly
advertised in a newspaper of general circulation in accordance with applicable law.
Section 8. This ordinance shall take effect immediately upon adoption, contingent
upon and subject to the adoption of Ordinance No. 9663-23.
PASSED ON FIRST READING ____________________________
PASSED ON SECOND AND FINAL ____________________________
READING AND ADOPTED
____________________________
Brian J. Aungst Sr.
Mayor
Approved as to form: Attest:
____________________________ ____________________________
Matthew J. Mytych, Esq. Rosemarie Call, MPA, MMC
Senior Assistant City Attorney City Clerk
PLANNING & DEVELOPMENT DEPARTMENT
COMMUNITY DEVELOPMENT BOARD STAFF REPORT
MEETING DATE: April 18, 2023
AGENDA ITEM: E.2
CASE: TA2023-01001
ORDINANCE NO.: 9664-23
REQUEST: To amend the Community Development Code Appendix C
Downtown District and Development Standards to revise the Public
Amenities Incentive Pool allocation process and other limited
changes.
INITIATED BY: City of Clearwater, Planning and Development Department
BACKGROUND:
The city established the Public Amenities Incentive Pool (Pool) in 2004 as part of a major update to
the Clearwater Downtown Redevelopment Plan (Downtown Plan). At the time, various constraints
affecting redevelopment had been identified, and the Pool was one means of supporting the private
sector in their efforts to redevelop Downtown which concurrently provided public benefits.
The Downtown Plan establishes the Pool, the allocation process, and qualifying amenities, while the
Community Development Code references the Pool and is the implementing tool. Units and square
feet of floor area within the Pool may be allocated for additional development potential in Downtown
until the Pool is depleted. Developers may request increases in density and/or intensity in excess of
the established maximum development potential, based on the provision of and/or payment of fees
in-lieu of certain public amenities through a negotiated process approved by the Community
Development Board. Currently there are 2,079 dwelling units and 2,095,667 square feet of floor area
available for allocation from the Public Amenities Incentive Pool which may be requested for projects
anywhere within in the Downtown District.
The Downtown Plan also establishes that those projects wanting to utilize the Pool may also request
a limited increase in height of up to 20% when a major public amenity is provided. This is the only
mechanism in place through which maximum height can be exceeded.
Planning & Development Department
Community Development Code Text Amendment Long Range Planning Division
Community Development Board – April 18, 2023
TA2023-01001 – Page 2
No changes have been made to the Pool or how it is implemented through the Code since it was
established. In 2021, City Council directed Planning and Development Department staff to explore
ways to incentivize higher density/intensity development in the Downtown Core in accordance with
increases authorized by Forward Pinellas in 2019. After meeting with Forward Pinellas to discuss
options, it was determined that increasing maximum density and intensity beyond what is currently
established would be challenging and premature based on certain identified gaps in transportation
planning and funding commitments to transportation/multi-modal projects that would support
additional development potential in Downtown.
Staff presented a two-tier approach to allocation of units from the Pool within the Downtown Core
to City Council at its April 17, 2021 Work Session for feedback. The proposal would streamline the
pool allocation process while also providing more structure to the Pool. As conceptualized, certain
“bonuses” would be identified in the Code which the Community Development Coordinator would
be authorized to approve through the Development Review Committee (DRC) process (“Tier 1”).
Requests that propose other public amenities or which do not meet the thresholds established would
continue to require approval by the Community Development Board (“Tier 2”).
Staff has since completed additional research and has developed a formula-based bonus structure
focused on uses and improvements staff identified as key to Downtown redevelopment. Additionally,
staff is recommending that certain bonuses be available to projects in other Downtown Character
Districts, instead of only being made available to projects in the Downtown Core. However, and
importantly, the overall objective of incentivizing the use of the Pool to meet the Plan’s goals and
provide amenities that broadly benefit the public as well is met through this proposed amendment.
To implement these changes, amendments are required to both the Downtown Plan and the Code,
which are being processed concurrently. Because the Plan establishes the allocation process, it must
be amended to allow for such a change (see companion Ordinance No. 9663-23), while proposed
Ordinance No. 9664-23 amends Appendix C. Downtown District and Development Standards to
establish the bonus process and parameters.
ANALYSIS:
Proposed Ordinance No. 9643-23 restructures the Public Amenities Incentive Pool allocation process
established in the Downtown District and Development Standards. In addition, a limited number of
amendments to other sections of the Downtown District are also proposed, where incomplete or
incorrect information has been identified. The following analysis will focus on the changes to the
Pool allocation process, which is the primary component of the proposed ordinance.
Planning & Development Department
Community Development Code Text Amendment Long Range Planning Division
Community Development Board – April 18, 2023
TA2023-01001 – Page 3
Tier 1 – Streamlined Allocation Process (New)
The primary objective of creating a two-tiered allocation process is to establish parameters for
projects requesting an allocation from the Pool which, if met, would allow for approval by the
Community Development Coordinator (staff) instead of requiring a public hearing by the Community
Development Board. A new Table 1. Tier 1 Public Amenities Incentive Pool Criteria (Table 1) is
proposed which includes the following:
1. Requirement (Public Benefit): This is the type of amenity required (i.e., what a project is
incorporating or providing that would qualify them for additional development potential).
Several options stipulate that a certain percentage of the project must include a certain use, with
some including a specified payment in-lieu of provision for projects. The requirements are
summarized below:
▪ Incorporate rental residential units into project (applies to market rate and
affordable/workforce housing).
▪ Provide residential units (other options, would not include short-term rentals; applies to
market rate and affordable/workforce housing).
▪ Include Class A Office space in project.
▪ Construct hotel use with public function spaces.
▪ Achieve LEED Gold certification or equivalent.
▪ Provide public parking within parking structure or pay into parking fund.
▪ Build streetscape on all frontages that meets city’s standards.
▪ Include both EV-Ready and Level 2 charging parking spaces.
▪ Provide public art or pay into public art fund.
2. Type of Bonus: Applicants may request additional residential units, hotel units, or floor area
currently through the Pool. Table 1 is organized to clearly delineate which type(s) of additional
development potential may be requested when a certain requirement is met. Certain amenities
may only qualify for only one type of bonus (e.g., a hotel project would not be eligible for
residential density).
3. Location in which Bonus is Available (by Character District): Not every bonus is proposed to be
available in or the same for each Character District. Those differences are intentional and
articulated within the Table. The bonus is proposed as a percent increase in development
potential so that it scales depending on where it is permitted and the base potential for that
District.
The Downtown Plan establishes unique visions for each Character District and sets forth the desired
pattern for development, allowable intensity, density and height, and policies. Table 1 proposes
meaningful bonuses for development that generate activity and draw more people, including
residents, to Downtown as well as to help meet capital improvement needs in Downtown.
Planning & Development Department
Community Development Code Text Amendment Long Range Planning Division
Community Development Board – April 18, 2023
TA2023-01001 – Page 4
The Table provides clear structure to developers who may need or want additional development
potential but do not want to negotiate which amenity or amenities to incorporate and wait for a public
hearing to confirm the allocation is approved. A developer will know if they provide, for example, a
certain amount of publicly available parking within their parking garage, they will receive a bonus of
either 35% density, 20% hotel density, or 20% FAR (as currently proposed) through the DRC process.
As noted above, the density bonus is proposed to be a percent increase instead of a flat rate. Staff
evaluated both approaches, and there are merits to each. However, utilizing the proposed approach
maintains a proportionality to the increase across the Character Districts in which it is permitted. For
example, a 40% density increase would permit 30 additional units per acre in the Downtown Core,
20 additional units per acre in Prospect Lake, and 14 additional units per acre in South Gateway, Old
Bay, and Downtown Gateway. In comparison, a 30 unit per acre bonus would be a 60% increase in
density in Prospect Lake and an 86% increase in the other Districts.
City Council recently approved amendments to the Downtown District & Development Standards
requiring all applicants for projects in the District to attend a pre-application meeting. Additionally,
vertical mixed-use projects are permitted to “stack” their development potential, meaning they can
use all density and floor area entitlements. This would also apply to any bonus allocated through the
Pool, and applicants can propose to provide multiple amenities to achieve greater development
potential, provided the project meets the goals, objectives and policies of the Downtown Plan and is
consistent with the vision of the applicable Character District.
Tier 2 – Public Hearing Allocation Process (Renamed/Revised)
It is important to note that proposed Ordinance No. 9643-23 does not eliminate the ability for a project
to request an allocation from the Pool by providing a different type or scale of public amenity. There
are a variety of public amenities provided in the Downtown Plan which would qualify for some level
of allocation from the Pool. It is not feasible or effective to try to create defined bonuses for every
variation of amenity and scale of project. Additionally, there would be less incentive to provide the
types of projects that are most desired or meaningful in Downtown (those proposed in Table 1). The
Community Development Board continues to be authorized to allocate units or floor area from the
Pool for any project that doesn’t qualify for a Tier 1 allocation process.
The required pre-application meeting will be used to discuss requests for development potential for
projects utilizing the Tier 2 allocation process and vet any proposed public amenities to provide
feedback.
Planning & Development Department
Community Development Code Text Amendment Long Range Planning Division
Community Development Board – April 18, 2023
TA2023-01001 – Page 5
Tier 1 Bonus Allocations & Sample Units
Proposed bonuses range from: 10% to 40% residential density; 5% to 25% hotel density; and 5% to
25% FAR. The following tables illustrate what that means for each bonus type and Character District.
Total Units Per Acre
(Bonus as Percent of Base Density)
Character District Residential
Density 10%
(public art) 15%
(EV charging)
35%
(LEED, public
parking, streetscape)
40%
(rental
residential)
Downtown Core 75 82 86 101 105
Prospect Lake 50 55 57 67 70
South Gateway, Old Bay
& Downtown Gateway 35 38 40 47 49
Total Overnight Accommodation Units Per Acre
(Bonus as Percent of Base Density)
Character District Hotel Density 5%
(public art) 10%
(EV charging)
20%
(LEED, public
parking, streetscape)
25%
(public function
space)
Downtown Core 95 99 104 114 118
Prospect Lake 40 42 44 48 50
Downtown Gateway 50 52 55 60 62
Old Bay1 & Downtown
Gateway 0 0 0 0 0
1. Only parcel with hotel density recently developed with attached dwelling use
Total FAR
(Bonus as Percent of Base Intensity)
Character District Floor Area
(Intensity)
5%
(public art) 10%
(EV charging)
20%
(Class A Office -
Prospect Lake,
LEED, public parking, streetscape)
25%
(Class A Office –
Downtown Core)
Downtown Core 4.00 4.20 4.40 4.80 5.00
Prospect Lake: Fronting
Myrtle Ave. 2.50 2.62 2.75 3.00 3.12
Prospect Lake:
Remainder 1.50 1.57 1.65 1.80 1.87
South Gateway 1.50 1.57 1.65 1.80 1.87
Downtown Gateway:
Along Cleveland St. 1.50 1.57 1.65 1.80 1.87
Downtown Gateway:
Remainder 0.55 0.57 0.60 0.66 0.68
Old Bay: Ft. Harrison &
west 1.50 1.57 1.65 1.80 1.87
Old Bay: Remainder 0.50 0.52 0.55 0.60 0.62
A sample mixed-use project is provided below to illustrate the various bonuses that can be utilized
and those public amenities that would be provided or required. Note, although parking is not required
for most non-residential uses in Downtown, this presumed some would be incorporated into the
project for the office use.
Planning & Development Department
Community Development Code Text Amendment Long Range Planning Division
Community Development Board – April 18, 2023
TA2023-01001 – Page 6
Mixed-Use Building in Downtown Core (75% Residential Rental, 25% Class A Office)
Parcel Size (acres): 2.0
Max. Dwelling Units: 150
Max. Square Feet (Nonresidential): 348,480
Min. Required Parking (1 per res. unit): 150
Parking Provided for Office (4/1,000 SF): 1,394
Aggregate Job Value: $ 50,000,000.00
Bonus Options Available: Bonus Units
or Sq. Ft
Total Units
or Sq. Ft.
Public Amenity Provided
Rental Residential
(+ 40% density)
60 210 Depends on final size of building;
25% GFA rental if mixed-use or all
units if rental residential only
Class A Office
(+ 25% FAR)
87,120 435,600 Depends on final size of building;
25% of rentable floor area required
for Class A office
LEED Gold (Residential)
(+ 35% density)
53 203 Must achieve LEED Gold
certification
LEED Gold (Floor Area)
(+ 20% FAR)
69,696 418,176 Must achieve LEED Gold
certification
Public Parking (Residential)
(+ 35% units)
52 202 20 reserved spaces or $625,000
paid into parking fund
Public Parking (Floor Area)
(+ 20% FAR)
69,696 418,176 20 reserved spaces or $625,000
paid into parking fund
Streetscape (Residential)
(+ 35% units)
52 202 Meet streetscape standards for all
frontages
Streetscape (Floor Area)
(+ 20% FAR)
69,696 418,176 Meet streetscape standards for all
frontages
EV Parking (Residential)
(+ 15% units)
23 173 169 spaces EV Ready & 35 spaces
EVSE Installed
EV Parking (Floor Area)
(+ 10% FAR)
34,848 383,328 169 spaces EV Ready & 35 spaces
EVSE Installed
Public Art Bonus (Res.
Units) (+ 10% units)
15 165 $350,000 of art provided on site or
$375,000 paid into public art fund
Public Art Bonus (FAR)
(+ 5% FAR)
17,424 365,904 $350,000 of art provided on site or
$600,000 paid into fund
As illustrated through this hypothetical scenario, there are many options for this project to increase
residential density and/or floor area without the need of a public hearing. And because of that, this
example is not precise – aggregate job value would increase with the addition of units, floor area, and
the required public amenities.
Planning & Development Department
Community Development Code Text Amendment Long Range Planning Division
Community Development Board – April 18, 2023
TA2023-01001 – Page 7
The proposed amendments support several principles that guided the development of the Clearwater
Downtown Redevelopment Plan and are set forth below (Vision & Guiding Principles, page 44-45
of the Downtown Plan):
▪ Integrated Variety: The Downtown will be a community with an integrated mix of retail,
residential, office and recreation uses. The development of a variety of residential projects
will support individuals and families with diverse social and economic backgrounds and
encourage the resurgence of residences to Downtown.
▪ Economic Center: Downtown is a major center of activity, business and governments. The
location of the Pinellas County seat within Downtown Clearwater is a point of civic pride and
economic development opportunities. Downtown will continue to attract an array of
innovative businesses, including the technology sector, by creating a welcoming business
environment, by expanding the major retail core, and with its rich human capital and unique
sense of place.
▪ Park Once: A park once management strategy will be developed by efficiently managing
supply and demand for Downtown parking as a collective whole and encouraging an
integrated transportation system throughout Downtown.
▪ Environment: Downtown Clearwater will be competitive, vibrant, and green. The Downtown
is interconnected and diverse and will promote sustainability by balancing the environment,
economy and community. To achieve environmental stewardship and community vibrancy
redevelopment should utilize green building practices including Low Impact Development
(LID), Leadership in Energy and Environmental Design (LEED), and Florida Green Building
Coalition (FGBC).
The proposed amendments also support Goals, Objectives, and Policies found in the Clearwater
Downtown Redevelopment Plan (pages 46-50) including:
▪ People Objective 1G: Continue to utilize a variety of incentives to encourage the construction
of new residential uses to locate Downtown.
▪ Accessibility Objective 2C: Continue to implement the Master Streetscape and Wayfinding
Plan to support pedestrian and bicycle activity.
▪ Accessibility Objective 2M: Create parking as infrastructure through a park once strategy that
utilizes consolidated parking to serve all of Downtown and reduces the requirement for use-
by-use on-site parking.
▪ Amenity Objective 3F: Promote the visual and performing arts.
▪ Urban Design Objective 4A: Encourage redevelopment that contains a variety of building
forms and styles.
Planning & Development Department
Community Development Code Text Amendment Long Range Planning Division
Community Development Board – April 18, 2023
TA2023-01001 – Page 8
▪ 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.
Additional Proposed Amendments
Proposed Ordinance 9664-23 includes several additional amendments, most of which are unrelated
to the Public Amenities Incentive Pool. These were identified after the most recently adopted
Ordinance had been presented to the Community Development Board.
▪ Amends Section 3-302 to rename this section, clarify applicability of step backs and
transitions, and incorporate additional descriptions to improve usability.
▪ Incorporates a footnote under Figure 8 to provide notice that properties identified on this map
as requiring height transitions are not eligible for an additional height bonus.
▪ Corrects Table 4, as renumbered, to show that parking would be permitted to the rear and side
of parcels utilizing the Urban Residential 2 frontage.
▪ Establishes that properties utilizing the Workshop/Flex and Urban Residential 2 frontages
may need greater setbacks to enable wider sidewalks consistent with the Downtown Plan’s
Master Streetscape Plan.
CRITERIA FOR TEXT AMENDMENTS:
CDC Section 4-601 sets forth the procedures and criteria for reviewing text amendments. All text
amendments must comply with the following:
1. The proposed amendment is consistent with and furthers the goals, policies, and objectives
of the Comprehensive Plan.
A review of the Clearwater Comprehensive Plan identified the following goals, objectives and
policies which will be furthered by the proposed Code amendments:
Policy A.5.5.5 Update Beach by Design: A Preliminary Design for Clearwater Beach and
Design Guidelines, and the Clearwater Downtown Redevelopment Plan, as
needed.
Goal A.6 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.
Objective A.6.1 The redevelopment of blighted, substandard, inefficient and/or obsolete areas
shall be a high priority and promoted through the implementation of
redevelopment and special area plans, the construction of catalytic private
Planning & Development Department
Community Development Code Text Amendment Long Range Planning Division
Community Development Board – April 18, 2023
TA2023-01001 – Page 9
projects, city investment, and continued emphasis on property maintenance
standards.
Policy A.6.1.7 Downtown Clearwater is designated as a Regional Activity Center suitable for
increased threshold intensity for development consistent with the boundaries
of the Central Business District as identified by the Tampa Bay Regional
Planning Council’s Strategic Regional Policy Plan and as indicated in the
Clearwater Downtown Redevelopment Plan approved in 2004.
Policy A.6.1.8 The City shall continue to support and implement approved community
redevelopment area plans, such as the Clearwater Downtown Redevelopment
Plan adopted in 2004 and Beach by Design adopted in 2001.
Policy A.6.1.10 Clearwater will continue to support the tax increment financing program and
redevelopment efforts of the downtown area through activities of the economic
development office and actions of the City Council as the Community
Redevelopment Agency.
Policy A.6.6.1 The City supports and encourages the continued development and
redevelopment of overnight accommodation uses.
Objective A.6.8 Identify those areas of the City that are appropriate for redevelopment as
livable communities and require that specific sustainable elements be used in
the redevelopment of these areas.
Objective C.1.1 Assure an adequate supply of housing in Clearwater by providing for
additional new dwelling units in a variety of types, costs, and locations to meet
the needs of the residents of the City of Clearwater.
Objective C.1.10 Recognizing that sustainable building techniques contribute to keeping
housing units affordable over the long term by reducing energy consumption,
lowering utility bills and decreasing maintenance costs, the City of Clearwater
will promote the use of green housing construction and renovation and
rehabilitation techniques.
Proposed Ordinance No. 9664-23 is consistent with the Clearwater Comprehensive Plan as
evidenced by the objectives and policies identified above. Amending the Public Amenities
Incentive Pool allocation process to allow the Community Development Coordinator to approve
allocations supports Downtown redevelopment efforts by bringing greater consistency to and
streamlining of the process which will encourage greater use of the Pool and thus redevelopment
of properties overall. Table 1 establishes bonuses for additional residential, hotel and
nonresidential uses in Downtown, an area appropriate for higher densities and intensities as it is
already an established Activity Center. Several options are included to incentive the construction
of residential uses, including affordable housing. Providing sustainable options furthers the city’s
desire for livable communities as Downtown redevelops and promotes the use of green
development techniques.
Planning & Development Department
Community Development Code Text Amendment Long Range Planning Division
Community Development Board – April 18, 2023
TA2023-01001 – Page 10
2. The proposed amendments furthers the purposes of the Community Development Code and
other City ordinances and actions designed to implement the Plan.
The proposed text amendment will further the purposes of the CDC in that it will be consistent
with the following purposes set forth in CDC Section 1-103:
▪ It is the purpose of this Development Code to implement the Comprehensive Plan of the
city; to promote the health, safety, general welfare and quality of life in the city; to guide
the orderly growth and development of the city; to establish rules of procedure for land
development approvals; to enhance the character of the city and the preservation of
neighborhoods; and to enhance the quality of life of all residents and property owners of
the city (Section 1-103.A., CDC).
▪ It is the purpose of the Community Development Code to create value for the citizens of
the City of Clearwater by allowing property owners to enhance the value of their property
through innovative and creative redevelopment (Section 1-103.B.1., CDC).
▪ It is the further purpose of this Development Code to coordinate the provisions of this
Development code with corollary provisions related to parking, fences and walls, signs,
minimum habitable area and like supplementary requirements designed to establish an
integrated and complete regulatory framework for the use of land and water within the
city. (Section 1-103.E.12, CDC)
▪ Enumerate density, area, width, height, setback, coverage and like requirements for each
district, and make appropriate distinctions between categories of use within districts,
based on the general purposes of this article, the Comprehensive Plan, and existing and
desired community characteristics. (Section 1-103.E.11, CDC)
The amendments proposed by this Ordinance will further the above referenced purposes of the
Community Development Code. Providing a streamlined option to receive allocations from the
Public Amenities Pool while incentivizing amenities that help meet the capital improvement
needs in Downtown and generate activity improves the quality of life for all in the city. As stated
in the vision for Downtown, Downtown is the urban core and heart of the city, and center of
business and government. Revitalization is achieved through the continued creation of a high
quality public realm, and a dense and livable pattern which will strengthen the overall health of
the city. The proposed bonuses provide options for property owners, should they want to do
something different with their property, while the focused nature of the bonuses provides a level
of certainty for others. Utilizing the percent increase model for the bonus, and varying certain
bonuses by Character District continues to distinguish between these unique areas which, as
previously stated, have individual visions and patterns of development. As such, proposed
Ordinance No. 9643-23 furthers the purposes in the CDC.
Planning & Development Department
Community Development Code Text Amendment Long Range Planning Division
Community Development Board – April 18, 2023
TA2023-01001 – Page 11
SUMMARY AND RECOMMENDATION:
The proposed amendment to the Community Development Code is consistent with and will further
the goals of the Clearwater Comprehensive Plan and the purposes of the Community Development
Code.
Based upon the above, the Planning and Development Department recommends APPROVAL of
Ordinance No. 9664-23 that amends the Community Development Code.
Prepared by Planning and Development Department Staff: ___________________________
Lauren Matzke, AICP
Planning and Development Assistant Director
ATTACHMENTS: Ordinance No. 9664-23
Resume
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: 9666-23 2nd rdg
Agenda Date: 5/1/2023 Status: Agenda ReadyVersion: 1
File Type: OrdinanceIn Control: City Attorney
Agenda Number: 10.6
SUBJECT/RECOMMENDATION:
Adopt Ordinance 9666-23 on second reading, amending the future land use element of the
Comprehensive Plan to change the land use designation for a portion of certain real property
whose post office address is 1849 Gulf to Bay Boulevard, Clearwater, Florida 33765, from
Residential Urban (RU) to Commercial General (CG).
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 4/24/2023
Ordinance No. 9666-23
ORDINANCE NO. 9666-23
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 A PORTION
OF CERTAIN REAL PROPERTY LOCATED ON THE
SOUTH SIDE OF GULF TO BAY BOULEVARD
APPROXIMATELY 540 FEET EAST OF KEENE ROAD,
WHOSE POST OFFICE ADDRESS IS 1849 GULF TO BAY
BOULEVARD, CLEARWATER, FLORIDA 33765, FROM
RESIDENTIAL URBAN (RU), TO COMMERCIAL GENERAL
(CG); 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
Urban (RU)
To: Commercial
General (CG)
(LUP2023-01001)
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
Ordinance No. 9666-23
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.
Senior Assistant City Attorney
Attest:
Rosemarie Call, MPA, MMC
City Clerk
Exhibit “A”
LUP2023‐01001 and REZ2022‐11007
1849 Gulf to Bay Boulevard; 13‐29‐15‐00000‐320‐0300
Legal Description:
The south 35 feet, more or less, of the following described property:
A parcel of land in the N.W. ¼ of the N.W. ¼ of the S.W. ¼ of Section 13, Township 29 South, Range 15 East, described as
follows:
The north 350 feet of the east ¼ of the northwest ¼ of the northwest ¼ of the southwest ¼ of said Section 13, Township
29 South, Range 15 East, lying and being situate in Pinellas County, Florida; less and except the road right of way
abutting the north thereof.
Exhibit “B”
PROPOSED FUTURE LAND USE MAP
Owner(s): Jasmine Naik Development, LLC Case: LUP2023-01001
REZ2022-11007
Site: A portion of 1849 Gulf to Bay Boulevard Property
Size(Acres): 0.125
Land Use Zoning
PIN: 13-29-15-00000-320-0300
From: Residential Urban (RU) Low Medium Density
Residential (LMDR)
To: Commercial General
(CG) Commercial (C) Atlas Page: 298A
Background:
This case involves a 0.125-acre portion of a 1.135-acre property located on the south side of Gulf to Bay
Boulevard approximately 540 feet east of Keene Road. The property is owned by Jasmine Naik
Development, LLC and is currently vacant. The applicant has indicated the desire to redevelop the site with a
restaurant use.
The property has historically been developed and used as a restaurant use, with numerous property owners
and tenants dating back to at least 1992. Historical aerials show a structure on the property since at least
1965. The property has been completely vacant since 2007 when the structure was demolished; however, the
structure appeared to have sat empty since 2005 and the property was the source of numerous public
nuisance and code compliance cases during this time. After the demolition, additional public nuisance and
code compliance cases have been opened, mostly due to overgrowth, graffiti, and abandoned vehicles, which
have all been resolved.
Currently, the property has two Future Land Use Map categories of Commercial General (CG) and
Residential Urban (RU). The Residential Urban (RU) category is currently on the southern 35 feet, more or
less, of the property, totaling approximately 0.125 acres. The request is to change the Future Land Use Map
category of this southern portion of the property from Residential Urban (RU) to Commercial General (CG).
A Zoning Atlas Amendment application (REZ2022-11007) is being processed concurrently with this case.
The requested amendment to the Commercial General (CG) category would establish a single future land use
category across the site and would allow for the redevelopment of the property in the future. A site plan
application has not been submitted at this time, and the applicant understands that all necessary approvals
and permits must be obtained before the development of the subject site occurs.
PLANNING & DEVELOPMENT DEPARTMENT
COMMUNITY DEVELOPMENT BOARD STAFF REPORT
MEETING DATE: March 21, 2023
AGENDA ITEM: H.1.
CASE: LUP2023-01001
REQUEST: To amend the Future Land Use Map designation for a portion of a 1.135-
acre property from Residential Urban (RU) to Commercial General (CG)
GENERAL DATA:
Agent...............................
Owner.............................
Maleia Storum, Bowman and Pursuit Development
Jasmine Naik Development, LLC
Location .......................... 1849 Gulf to Bay Boulevard, located on the south side of Gulf to Bay
Boulevard approximately 540 feet east of Keene Road
Property Size ................... 0.125 acres
Community Development Board – March 21, 2023
LUP2023-01001 - Page 2 of 12
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
Community Development Board – March 21, 2023
LUP2023-01001 - Page 3 of 12
Level III Comprehensive Plan Amendment Review
PLANNING & DEVELOPMENT
LONG RANGE PLANNING DIVISION
Map 3 shows the existing surrounding uses. To the north, across Gulf to Bay Boulevard, there are fast food
restaurants. To the east exists a retail plaza, sales office, and detached dwellings. To the west exists two retail
and sales uses and a telecommunications tower. The property adjacent to the south is currently vacant.
Additional uses to the southwest and the southeast are detached dwellings.
Map 3
Community Development Board – March 21, 2023
LUP2023-01001 - Page 4 of 12
Level III Comprehensive Plan Amendment Review
PLANNING & DEVELOPMENT
LONG RANGE PLANNING DIVISION
As shown on Map 4, the future land use category abutting the amendment area is Commercial General (CG)
to the north, west and east. Commercial General (CG) also exists further north across Gulf to Bay Boulevard,
further west across Virginia Lane, and further east across Brookside Drive. Residential Urban (RU) abuts the
amendment area to the west, east, and south and also exists farther to the southwest and southeast.
Map 4
Community Development Board – March 21, 2023
LUP2023-01001 - Page 5 of 12
Level III Comprehensive Plan Amendment Review
PLANNING & DEVELOPMENT
LONG RANGE PLANNING DIVISION
A comparison between the uses, densities, and intensities allowed by the existing and proposed Future Land
Use Map (FLUM) 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 Map
Designations
Existing FLUM Designation
Commercial General (CG)
Existing FLUM Designation
Residential Urban (RU)
Proposed FLUM Designation
Commercial General (CG)
Primary Uses: Office; Retail Sales & Service;
Overnight Accommodations
Urban Low Density Residential;
Residential Equivalent
Office; Retail Sales & Service;
Overnight Accommodations
Maximum
Density:
24 Dwelling Units per Acre; 40
Overnight Accommodation
Units per Acre
7.5 Dwelling Units per Acre
24 Dwelling Units per Acre; 40
Overnight Accommodation Units per
Acre
Maximum
Intensity: FAR 0.55; ISR 0.90 FAR 0.40; ISR 0.65 FAR 0.55; ISR 0.90
Consistent
Zoning Districts: Commercial (C)
Low Medium Density
Residential (LMDR); Medium
Density Residential (MDR)
Commercial (C)
Community Development Board – March 21, 2023
LUP2023-01001 - 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 goal, objective, and policies of the Clearwater Comprehensive Plan that 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.
Policy A.5.5.4 The transition between intensive redevelopment areas and adjacent low density areas should
be sensitive to the scale of development in those low density areas.
Policy B.1.5.1 The City shall continue to review trips generated by land development projects through the
Mobility Management System.
The proposed Commercial General (CG) future land use category is compatible with the existing
Commercial General (CG) future land use category that exists on the remainder of the subject property and
the adjacent properties to the west and east and to the north across Gulf to Bay Boulevard. Gulf to Bay
Boulevard is one of the city’s main commercial corridors, and the proposed amendment would allow the site
to be one future land use category which would make development easier in the future. The surrounding
neighborhood transitions to residential going south from Gulf to Bay Boulevard, so future development of
the site will need to be sensitive to potential conflicts between commercial and residential uses. The
applicant has indicated the desire to redevelop the property with a restaurant use; however, no site plan
application has been submitted at this time. The size of the property should allow for development to be
located closer to Gulf to Bay Boulevard which will provide a buffer between the development and the
residential uses to the southwest and southeast. Any trip generations would be reviewed at the time of site
plan review in accordance with the Mobility Management System. 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 Conclusions of Law:
The request is consistent with the goals, objectives, and policies of the Clearwater Comprehensive Plan and
furthers said plan as indicated above.
Consistency with the Countywide Rules
Community Development Board – March 21, 2023
LUP2023-01001 - Page 7 of 12
Level III Comprehensive Plan Amendment Review
PLANNING & DEVELOPMENT
LONG RANGE PLANNING DIVISION
Recommended Findings of Fact:
The underlying Countywide Plan Map category on the proposed amendment area is Retail & Services
(R&S). This Retail & Services (R&S) category is also to the east and west, and further north across Gulf to
Bay Boulevard. Properties to the west, east, and south are designated with the Residential Low Medium
(RLM) category. Section 2.3.3.8 of the Countywide Rules states that the current Retail & Services (R&S)
category is intended to depict areas that are now developed, or appropriate to be developed, a mix of
businesses that provide for the shopping and personal service needs of the community or regional, provide
for employment opportunities and accommodate target employment uses, and may include residential uses as
part of the mix of uses.
Even though the City of Clearwater future land use designation of Residential Urban (RU) is proposed to be
amended to Commercial General (CG), the amendment will not necessitate a Countywide Plan Map
amendment as the Countywide Plan Map category is currently Retail & Services (R&S). This proposed
amendment will bring the City’s Future Land Use Map into consistency with the Countywide Plan Map.
Additionally, Keene Road is a Scenic/Noncommercial Corridor, and the intersection of Keene Road with
Gulf to Bay Boulevard is classified as a Mixed Use Corridor. According to Table 10 of the Countywide
Rules, the Retail & Services (R&S) category is found to be potentially consistent with the
Scenic/Noncommercial Corridor, mixed-use classification. As the entire property is already designated as
Retail & Services (R&S) on the Countywide Plan Map, the uses and intensity of uses have already been
found to be consistent with the provisions of the mixed-use classification.
Recommended Conclusions of Law:
The proposed Future Land Use Map Amendment will not require an amendment to the Countywide Plan
Map. The proposed amendment will bring the City’s Future Land Use Map into consistency with the
Countywide Plan Map designation of Retail & Services (R&S). Further, the proposed amendment is
consistent with the provisions of the Scenic/Noncommercial Corridor for which the property is located
within.
Community Development Board – March 21, 2023
LUP2023-01001 - 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:
The proposed amendment area is part of a larger parcel which currently has a future land use category of
Commercial General (CG) and is currently vacant. To the north, across Gulf to Bay Boulevard, there are fast
food restaurants. To the east exists a retail plaza, sales office, and detached dwellings. To the west exists two
retail and sales uses and a telecommunications tower. The property adjacent to the south is currently vacant.
Additional uses to the southwest and the southeast are detached dwellings.
The proposed Commercial General (CG) future land use category, which primarily allows for retail sales &
services and offices, is consistent with the remainder of the subject property. The abutting future land use
categories are Commercial General (CG) and Residential Urban (RU), and the area transitions from
commercial along Gulf to Bay Boulevard to residential south of Gulf to Bay Boulevard. The proposed
Commercial General (CG) future land use category would allow the property to have one consistent future
land use category, and this category has existed on the remainder of the property and in the area for
numerous years. The proposed use of a restaurant is compatible with the surrounding properties and
neighborhood.
Recommended Conclusions of Law:
The proposed Commercial General (CG) 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.
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.
Community Development Board – March 21, 2023
LUP2023-01001 - Page 9 of 12
Level III Comprehensive Plan Amendment Review
PLANNING & DEVELOPMENT
LONG RANGE PLANNING DIVISION
Table 2. Development Potential for Existing & Proposed FLUM Designations
Existing FLUM
Designation
“RU”
Proposed FLUM
Designation
“CG”
Net Change
Site Area 0.125 AC
(5,445 SF)
0.125 AC
(5,445 SF)
Maximum
Development
Potential
0 DUs / 0 Hotel Units1
2,178 SF
0.40 FAR
0 DUs2 / 5 Hotel Units
2,994 SF
0.55 FAR
0 DUs / +5 Hotel Units
+816 SF
+0.15 FAR
Notes:
1. Overnight accommodation uses are not permitted in the consistent Low Medium Density Residential (LMDR)
District. Overnight accommodation uses are permitted in the consistent Medium Density Residential (MDR) District
as accessory uses; however, the underlying Residential Urban (RU) future land use category doesn’t provide for
overnight accommodation density.
2. Residential uses are not permitted through the consistent Commercial (C) District.
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 a minimal increase in development potential of under 1,000 square feet as
well as an increase of five hotel (overnight accommodation) units. The following analysis compares the
maximum potential development of the proposed Commercial General (CG) future land use developed with
a 2,994 square foot non-residential use to the maximum development potential of the existing Residential
Urban (RU) future land use category developed with a maximum of 0 dwelling units. Since the amendment
area along with the entire parcel is vacant, any development would increase the public facilities further
detailed below.
Potable Water
The change in development potential from this amendment would result in an increase in potable water use
of up to 299 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 permitted (299 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 designations (0 gallons per day).
Since the amendment area and the entire parcel is currently vacant, the potable water utilization could
increase up to 2,719 gallons per day if the entire parcel were to be developed with a non-residential use at the
maximum development potential of 27,192 square feet. However, due to future development having to meet
zoning code requirements, it’s likely that the actual development would be less than the maximum
development potential, meaning the increase in potable water would be less than the maximum potential of
2,719 gallons per day as shown in the analysis.
The city’s current potable water demand is 11.24 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 78 gallons per day per capita (2021 Annual Water Report). The city’s 10-year Water Supply
Facilities Work Plan (2022-2023 Planning Period), completed July 2022, indicates that based on the updated
Community Development Board – March 21, 2023
LUP2023-01001 - Page 10 of 12
Level III Comprehensive Plan Amendment Review
PLANNING & DEVELOPMENT
LONG RANGE PLANNING DIVISION
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 240 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 permitted (240 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 (0 gallons per day).
Since the amendment area and the entire parcel is currently vacant, the wastewater utilization could increase
up to 2,175 gallons per day if the entire parcel were to be developed with a non-residential use at the
maximum development potential of 27,192 square feet. However, due to future development having to meet
zoning code requirements, it’s likely that the actual development would be less than the maximum
development potential, meaning the increase in wastewater would be less than the maximum potential of
2,175 gallons per day as shown in the analysis.
The subject property is served by the East Water Reclamation Facility, which presently has excess permitted
capacity estimated to be 1.9 million gallons per day, which is well within its permitted capacity of 5 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 increase up to 37.3 tons per year of solid
waste generated. This increase is determined by taking the utilization of the proposed land use developed
with the maximum square footage permitted (37.3 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
(0 tons per year).
Since the amendment area and the entire parcel is currently vacant, the solid waste created could increase up
to 338.5 tons if the entire parcel were to be developed with a non-residential use at the maximum
development potential of 27,192 square feet. However, due to future development having to meet zoning
code requirements, it’s likely that the actual development would be less than the maximum development
potential, meaning the increase in solid waste would be less than the maximum potential of 338.5 tons per
year as shown in the analysis.
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.
This is calculated using the total acreage of parks within the city, dividing it by the 2022 Florida Bureau of
Economic and Business Research (BEBR), and then multiplying by 1,000. Based on this impact analysis, the
Community Development Board – March 21, 2023
LUP2023-01001 - Page 11 of 12
Level III Comprehensive Plan Amendment Review
PLANNING & DEVELOPMENT
LONG RANGE PLANNING DIVISION
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 redeveloped. At that time, the stormwater
management system for the site will be required to meet all city and Southwest Florida Water Management
District stormwater management criteria.
Streets
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. However, since the underlying Countywide Plan Map category of Retail & Services (R&S) is not
changing, the number of potential trips per day per acre would also not change. The proposed amendment
area could create 54 trips based on the traffic generation number of 433 trips per day per acre found within
the Retail & Services (R&S) category. The entire site could create up to 491 trips per day per acre. Since the
parcel is currently vacant, any development would increase the number of trips to and from the site.
Gulf to Bay Boulevard is a six-lane, divided principal arterial roadway. The city’s Traffic Engineering
division would likely provide traffic-related comments at the time of site plan review to address issues such
as ingress and egress and vehicle stacking.
Recommended Conclusions of Law:
Based upon the findings of fact, the proposed amendment would increase the demand on several of the
public facilities since the property is currently vacant; 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, stormwater management, and streets.
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 – March 21, 2023
LUP2023-01001 - 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 APPROVAL of the Future Land Use Map Amendment from Residential Urban (RU) to
Commercial General (CG).
Prepared by Planning and Development Department Staff:
Kyle Brotherton
Senior Planner
ATTACHMENTS: Ordinance No. 9666-23
Resume
Photographs of Site and Vicinity
LUP2023-01001 & REZ2022-11017
Jasmine Naik Development, LLC
1849 Gulf to Bay Boulevard
View looking south at subject property 1849 Gulf to Bay
Boulevard
East of the subject property
Across the street, to the north of the subject property
View looking easterly along Gulf to Bay Boulevard View looking westerly along Gulf to Bay Boulevard
West of the subject property
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: 9668-23 2nd rdg
Agenda Date: 5/1/2023 Status: Agenda ReadyVersion: 1
File Type: OrdinanceIn Control: City Attorney
Agenda Number: 10.7
SUBJECT/RECOMMENDATION:
Adopt Ordinance 9668-23 on second reading, annexing certain real property described as Lot
7, Block D, Kapok Terrace, Clearwater, Florida 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 4/24/2023
Ordinance No. 9668-23
ORDINANCE NO. 9668-23
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, ANNEXING CERTAIN REAL PROPERTY
DESCRIBED AS LOT 7, BLOCK D, KAPOK TERRACE,
CLEARWATER, FLORIDA, 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 7, Block D, KAPOK TERRACE, according to the plat thereof recorded in Plat Book 36,
Page 14, of the Public Records of Pinellas County, Florida;
(ANX2023-02003)
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. 9668-23
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst Sr.
Mayor
Approved as to form:
Matthew J. Mytych, Esq.
Senior Assistant City Attorney
Attest:
Rosemarie Call, MPA, MMC
City Clerk
Exhibit “A”
PROPOSED ANNEXATION
Owner(s): Protected Owner Case: ANX2023-02003
Site: Protected Address
Property
Size(Acres):
ROW (Acres):
0.232
Land Use Zoning PIN:Protected
From: R-3 Single Family
Residential
Atlas Page: 283A To:
Residential Low (RL)
Residential Low (RL) Low Medium Density
Residential (LMDR)
LOCATION MAP
Owner(s): Protected Owner Case: ANX2023-02003
Site: Protected Address
Property
Size(Acres):
ROW (Acres):
0.232
Land Use Zoning PIN: Protected
From : Residential Low (RL) R-3 Single Family
Residential
Atlas Page: 283A To: Residential Low (RL)
Low Medium Density
Residential (LMDR)
AERIAL PHOTOGRAPH
Owner(s): Protected Owner Case: ANX2023-02003
Site: Protected Address
Property
Size(Acres):
ROW (Acres):
0.232
Land Use Zoning PIN: Protected
From : Residential Low (RL) R-3 Single Family
Residential
Atlas Page: 283A To: Residential Low (RL)
Low Medium Density
Residential (LMDR)
EXISTING SURROUNDING USES MAP
Owner(s): Protected Owner Case: ANX2023-02003
Site: Protected Address
Property
Size(Acres):
ROW (Acres):
0.232
Land Use Zoning PIN: Protected
From : Residential Low (RL) R-3 Single Family
Residential
Atlas Page: 283A To: Residential Low (RL)
Low Medium Density
Residential (LMDR)
Detached Dwellings
Detached Dwellings
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: 9669-23 2nd rdg
Agenda Date: 5/1/2023 Status: Agenda ReadyVersion: 1
File Type: OrdinanceIn Control: City Attorney
Agenda Number: 10.8
SUBJECT/RECOMMENDATION:
Adopt Ordinance 9669-23 on second reading, amending the future land use element of the
Comprehensive Plan of the city to designate the land use for certain real property described as
Lot 7, Block D, Kapok Terrace, Clearwater, Florida, 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 4/24/2023
Ordinance No. 9669-23
ORDINANCE NO. 9669-23
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 DESCRIBED AS LOT 7, BLOCK D, KAPOK
TERRACE, CLEARWATER, FLORIDA, 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 7, Block D, KAPOK TERRACE, according to the
plat thereof recorded in Plat Book 36, Page 14, of the
Public Records of Pinellas County, Florida;
Residential Low (RL)
(ANX2023-02003)
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. 9668-23.
Ordinance No. 9669-23
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst Sr.
Mayor
Approved as to form:
Matthew J. Mytych, Esq.
Senior Assistant City Attorney
Attest:
Rosemarie Call, MPA, MMC
City Clerk
Exhibit “A”
PROPOSED FUTURE LAND USE MAP
Owner(s): Protected Owner Case: ANX2023-02003
Site: Protected Address
Property
Size(Acres):
ROW (Acres):
0.232
Land Use Zoning PIN:Protected
From: Residential Low (RL) R-3 Single Family
Residential
Atlas Page: 283A To: Residential Low (RL) Low Medium Density
Residential (LMDR)
LOCATION MAP
Owner(s): Protected Owner Case: ANX2023-02003
Site: Protected Address
Property
Size(Acres):
ROW (Acres):
0.232
Land Use Zoning PIN: Protected
From : Residential Low (RL) R-3 Single Family
Residential
Atlas Page: 283A To: Residential Low (RL)
Low Medium Density
Residential (LMDR)
AERIAL PHOTOGRAPH
Owner(s): Protected Owner Case: ANX2023-02003
Site: Protected Address
Property
Size(Acres):
ROW (Acres):
0.232
Land Use Zoning PIN: Protected
From : Residential Low (RL) R-3 Single Family
Residential
Atlas Page: 283A To: Residential Low (RL)
Low Medium Density
Residential (LMDR)
EXISTING SURROUNDING USES MAP
Owner(s): Protected Owner Case: ANX2023-02003
Site: Protected Address
Property
Size(Acres):
ROW (Acres):
0.232
Land Use Zoning PIN: Protected
From : Residential Low (RL) R-3 Single Family
Residential
Atlas Page: 283A To: Residential Low (RL)
Low Medium Density
Residential (LMDR)
Detached Dwellings
Detached Dwellings
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: 9670-23 2nd rdg
Agenda Date: 5/1/2023 Status: Agenda ReadyVersion: 1
File Type: OrdinanceIn Control: City Attorney
Agenda Number: 10.9
SUBJECT/RECOMMENDATION:
Adopt Ordinance 9670-23 on second reading, amending the Zoning Atlas of the city by zoning
certain real property described as Lot 7, Block D, Kapok Terrace, Clearwater, Florida, 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 4/24/2023
Ordinance No. 9670-23
ORDINANCE NO. 9670-23
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY
BY ZONING CERTAIN REAL PROPERTY DESCRIBED AS
LOT 7, BLOCK D, KAPOK TERRACE, CLEARWATER,
FLORIDA, 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. 9668-23.
Property Zoning District
Lot 7, Block D, KAPOK TERRACE, according
to the plat thereof recorded in Plat Book 36,
Page 14, of the Public Records of Pinellas
County, Florida;
Low Medium Density Residential
(LMDR)
(ANX2023-02003)
Ordinance No. 9670-23
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst Sr.
Mayor
Approved as to form:
Matthew J. Mytych, Esq.
Senior Assistant City Attorney
Attest:
Rosemarie Call, MPA, MMC
City Clerk
Exhibit “A”
PROPOSED ZONING MAP
Owner(s): Protected Owner Case: ANX2023-02003
Site: Protected Address
Property
Size(Acres):
ROW (Acres):
0.232
Land Use Zoning PIN:Protected
From: Residential Low (RL) R-3 Single Family
Residential
Atlas Page: 283A To: Residential Low (RL) Low Medium Density
Residential (LMDR)
LOCATION MAP
Owner(s): Protected Owner Case: ANX2023-02003
Site: Protected Address
Property
Size(Acres):
ROW (Acres):
0.232
Land Use Zoning PIN: Protected
From : Residential Low (RL) R-3 Single Family
Residential
Atlas Page: 283A To: Residential Low (RL)
Low Medium Density
Residential (LMDR)
AERIAL PHOTOGRAPH
Owner(s): Protected Owner Case: ANX2023-02003
Site: Protected Address
Property
Size(Acres):
ROW (Acres):
0.232
Land Use Zoning PIN: Protected
From : Residential Low (RL) R-3 Single Family
Residential
Atlas Page: 283A To: Residential Low (RL)
Low Medium Density
Residential (LMDR)
EXISTING SURROUNDING USES MAP
Owner(s): Protected Owner Case: ANX2023-02003
Site: Protected Address
Property
Size(Acres):
ROW (Acres):
0.232
Land Use Zoning PIN: Protected
From : Residential Low (RL) R-3 Single Family
Residential
Atlas Page: 283A To: Residential Low (RL)
Low Medium Density
Residential (LMDR)
Detached Dwellings
Detached Dwellings
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: 9673-23 2nd rdg
Agenda Date: 5/1/2023 Status: Agenda ReadyVersion: 1
File Type: OrdinanceIn Control: City Attorney
Agenda Number: 10.10
SUBJECT/RECOMMENDATION:
Adopt Ordinance 9673-23 on second reading, vacating a 10-foot platted public utility easement
located on Lots 4 and 5, Unit 2, Island Estates, according to the map or plat thereof as
recorded in Plat Book 47, Page 19A and 20B of the Public Records of Pinellas County, Florida.
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 4/24/2023
1
Ordinance No. 9673-23
ORDINANCE NO. 9673-23
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, VACATING A 10-FOOT PLATTED PUBLIC
UTILITY EASEMENT, LOCATED ON LOTS 4 AND 5,
UNIT 2, ISLAND ESTATES, ACCORDING TO THE MAP
OR PLAT THEREOF, AS RECORDED IN PLAT BOOK
47, PAGE 19A AND 20B, OF THE PUBLIC RECORDS
OF PINELLAS COUNTY, FLORIDA, PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Dolphin Harbour Development of Island Estates, LLC., are the
owners in fee simple title of real property located at 125 Island Way, Clearwater, FL 33767,
to which have requested the City vacate said easement located therein; and
WHEREAS, the City Council of the City of Clearwater, Florida finds the 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:
The portion of the easement described as follows:
See Exhibit “A”
Is hereby vacated, closed, and released, and the City of Clearwater releases all rights,
title, and interest thereto, however, this vacation is in no way intended to impact the City’s
ownership of the remainder of the easement on the property, which is reserved and
remains unaffected by this vacation.
Section 2. The City Clerk shall record this ordinance in the Public Records of
Pinellas County, Florida, following adoption.
Section 3. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING ________________________________
2
Ordinance No. 9673-23
PASSED ON SECOND AND FINAL
READING AND ADOPTED ________________________________
________________________________
, Mayor.
Approved as to form: Attest:
________________________________ ________________________________
Jerrod Simpson Rosemarie Call
Senior Assistant City Attorney City Clerk
EXHIBIT-A
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: 9645-23 2nd rdg
Agenda Date: 5/1/2023 Status: Agenda ReadyVersion: 1
File Type: OrdinanceIn Control: City Attorney
Agenda Number: 10.11
SUBJECT/RECOMMENDATION:
Denied on first reading Ordinance 9645-23 annexing certain real property whose post office
address is 1224 Adams Avenue, Clearwater, Florida 33756 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 4/24/2023
Ordinance No. 9645-23
ORDINANCE NO. 9645-23
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, ANNEXING CERTAIN REAL PROPERTY
LOCATED ON THE WEST SIDE OF ADAMS AVENUE
APPROXIMATELY 925 FEET NORTH OF LAKEVIEW ROAD,
WHOSE POST OFFICE ADDRESS IS 1224
ADAMS AVENUE, CLEARWATER, FLORIDA 33756,
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:
Lots 20 and 21, Oakland Heights, according to the map or plat thereof as recorded in Plat
Book 12, Page 38, of the Public Records of Pinellas County, Florida;
(ANX2022-11017)
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. 9645-23
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst Sr.
Mayor
Approved as to form:
Matthew J. Mytych, Esq.
Senior Assistant City Attorney
Attest:
Rosemarie Call, MPA, MMC
City Clerk
Exhibit “A”
PROPOSED ANNEXATION
Owner(s): Juanito Gaspar Case: ANX2022-11017
Site: 1224 Adams Avenue
Property
Size(Acres):
ROW (Acres):
0.313
Land Use Zoning PIN: 22-29-15-62928-000-0200
From: Commercial General
(CG) R-4 One, Two & Three
Family Residential
Atlas Page: 306B To: Commercial General
(CG) Commercial (C)
LOCATION MAP
Owner(s): Juanito Gaspar Case: ANX2022-11017
Site: 1224 Adams Avenue
Property
Size(Acres):
ROW (Acres):
0.313
Land Use Zoning PIN: 22-29-15-62928-000-0200
From: Commercial General
(CG) R-4 One, Two & Three
Family Residential
Atlas Page: 306B To: Commercial General
(CG) Commercial (C)
AERIAL PHOTOGRAPH
Owner(s): Juanito Gaspar Case: ANX2022-11017
Site: 1224 Adams Avenue
Property
Size(Acres):
ROW (Acres):
0.313
Land Use Zoning PIN: 22-29-15-62928-000-0200
From: Commercial General
(CG) R-4 One, Two & Three
Family Residential
Atlas Page: 306B To: Commercial General
(CG) Commercial (C)
EXISTING SURROUNDING USES MAP
Owner(s): Juanito Gaspar Case: ANX2022-11017
Site: 1224 Adams Avenue
Property
Size(Acres):
ROW (Acres):
0.313
Land Use Zoning PIN: 22-29-15-62928-000-0200
From: Commercial General
(CG) R-4 One, Two & Three
Family Residential
Atlas Page: 306B To: Commercial General
(CG) Commercial (C)
Mobile Home Park
Attached Dwellings Commercial
ANX2022-11017
Juanito Gaspar
1224 Adams Avenue
View looking west at subject property on Adams Avenue
South of the subject property
North of the subject property
Across the street, to the east of the subject property
View looking northerly along Adams Avenue View looking southerly along Adams Avenue
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: 9646-23 2nd rdg
Agenda Date: 5/1/2023 Status: Agenda ReadyVersion: 1
File Type: OrdinanceIn Control: City Attorney
Agenda Number: 10.12
SUBJECT/RECOMMENDATION:
Denied on first reading Ordinance 9646-23, amending the future land use element of the
Comprehensive Plan of the city to designate the land use for certain real property whose post
office address is 1224 Adams Avenue, Clearwater, Florida 33756, upon annexation into the City
of Clearwater, as Commercial General (CG).
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 4/24/2023
Ordinance No. 9646-23
ORDINANCE NO. 9646-23
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 WEST SIDE OF ADAMS
AVENUE APPROXIMATELY 925 FEET NORTH OF
LAKEVIEW ROAD, WHOSE POST OFFICE ADDRESS IS
1224 ADAMS AVENUE, CLEARWATER, FLORIDA 33756,
UPON ANNEXATION INTO THE CITY OF CLEARWATER,
AS COMMERCIAL GENERAL (CG); 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
Lots 20 and 21, Oakland Heights, according to
the map or plat thereof as recorded in Plat Book
12, Page 38, of the Public Records of Pinellas
County, Florida;
Commercial
General (CG)
(ANX2022-11017)
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. 9645-23.
Ordinance No. 9646-23
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst Sr.
Mayor
Approved as to form:
Matthew J. Mytych, Esq.
Senior Assistant City Attorney
Attest:
Rosemarie Call, MPA, MMC
City Clerk
Exhibit “A”
PROPOSED FUTURE LAND USE MAP
Owner(s): Juanito Gaspar Case: ANX2022-11017
Site: 1224 Adams Avenue
Property
Size(Acres):
ROW (Acres):
0.313
Land Use Zoning PIN: 22-29-15-62928-000-0200
From: Commercial General
(CG) R-4 One, Two & Three
Family Residential
Atlas Page: 306B To: Commercial General
(CG) Commercial (C)
LOCATION MAP
Owner(s): Juanito Gaspar Case: ANX2022-11017
Site: 1224 Adams Avenue
Property
Size(Acres):
ROW (Acres):
0.313
Land Use Zoning PIN: 22-29-15-62928-000-0200
From: Commercial General
(CG) R-4 One, Two & Three
Family Residential
Atlas Page: 306B To: Commercial General
(CG) Commercial (C)
AERIAL PHOTOGRAPH
Owner(s): Juanito Gaspar Case: ANX2022-11017
Site: 1224 Adams Avenue
Property
Size(Acres):
ROW (Acres):
0.313
Land Use Zoning PIN: 22-29-15-62928-000-0200
From: Commercial General
(CG) R-4 One, Two & Three
Family Residential
Atlas Page: 306B To: Commercial General
(CG) Commercial (C)
EXISTING SURROUNDING USES MAP
Owner(s): Juanito Gaspar Case: ANX2022-11017
Site: 1224 Adams Avenue
Property
Size(Acres):
ROW (Acres):
0.313
Land Use Zoning PIN: 22-29-15-62928-000-0200
From: Commercial General
(CG) R-4 One, Two & Three
Family Residential
Atlas Page: 306B To: Commercial General
(CG) Commercial (C)
Mobile Home Park
Attached Dwellings Commercial
ANX2022-11017
Juanito Gaspar
1224 Adams Avenue
View looking west at subject property on Adams Avenue
South of the subject property
North of the subject property
Across the street, to the east of the subject property
View looking northerly along Adams Avenue View looking southerly along Adams Avenue
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: 9647-23 2nd rdg
Agenda Date: 5/1/2023 Status: Agenda ReadyVersion: 1
File Type: OrdinanceIn Control: City Attorney
Agenda Number: 10.13
SUBJECT/RECOMMENDATION:
Denied on first reading Ordinance 9647-23, amending the Zoning Atlas of the city by zoning
certain real property whose post office address is 1224 Adams Avenue, Clearwater, Florida
33756, upon annexation into the City of Clearwater, as Commercial (C).
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 4/24/2023
Ordinance No. 9647-23
ORDINANCE NO. 9647-23
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY
BY ZONING CERTAIN REAL PROPERTY LOCATED ON
THE WEST SIDE OF ADAMS AVENUE APPROXIMATELY
925 FEET NORTH OF LAKEVIEW ROAD, WHOSE POST
OFFICE ADDRESS IS 1224 ADAMS AVENUE,
CLEARWATER, FLORIDA 33756, UPON ANNEXATION
INTO THE CITY OF CLEARWATER, AS COMMERCIAL (C);
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. 9645-23.
Property Zoning District
Lots 20 and 21, Oakland Heights, according
to the map or plat thereof as recorded in Plat
Book 12, Page 38, of the Public Records of
Pinellas County, Florida;
Commercial (C)
(ANX2022-11017)
Ordinance No. 9647-23
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst Sr.
Mayor
Approved as to form:
Matthew J. Mytych, Esq.
Senior Assistant City Attorney
Attest:
Rosemarie Call, MPA, MMC
City Clerk
Exhibit “A”
PROPOSED ZONING MAP
Owner(s): Juanito Gaspar Case: ANX2022-11017
Site: 1224 Adams Avenue
Property
Size(Acres):
ROW (Acres):
0.313
Land Use Zoning PIN: 22-29-15-62928-000-0200
From: Commercial General
(CG) R-4 One, Two & Three
Family Residential
Atlas Page: 306B To: Commercial General
(CG) Commercial (C)
LOCATION MAP
Owner(s): Juanito Gaspar Case: ANX2022-11017
Site: 1224 Adams Avenue
Property
Size(Acres):
ROW (Acres):
0.313
Land Use Zoning PIN: 22-29-15-62928-000-0200
From: Commercial General
(CG) R-4 One, Two & Three
Family Residential
Atlas Page: 306B To: Commercial General
(CG) Commercial (C)
AERIAL PHOTOGRAPH
Owner(s): Juanito Gaspar Case: ANX2022-11017
Site: 1224 Adams Avenue
Property
Size(Acres):
ROW (Acres):
0.313
Land Use Zoning PIN: 22-29-15-62928-000-0200
From: Commercial General
(CG) R-4 One, Two & Three
Family Residential
Atlas Page: 306B To: Commercial General
(CG) Commercial (C)
EXISTING SURROUNDING USES MAP
Owner(s): Juanito Gaspar Case: ANX2022-11017
Site: 1224 Adams Avenue
Property
Size(Acres):
ROW (Acres):
0.313
Land Use Zoning PIN: 22-29-15-62928-000-0200
From: Commercial General
(CG) R-4 One, Two & Three
Family Residential
Atlas Page: 306B To: Commercial General
(CG) Commercial (C)
Mobile Home Park
Attached Dwellings Commercial
ANX2022-11017
Juanito Gaspar
1224 Adams Avenue
View looking west at subject property on Adams Avenue
South of the subject property
North of the subject property
Across the street, to the east of the subject property
View looking northerly along Adams Avenue View looking southerly along Adams Avenue
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#23-0456
Agenda Date: 5/1/2023 Status: Agenda ReadyVersion: 1
File Type: City Manager Verbal
Report
In Control: Council Work Session
Agenda Number: 11.1
SUBJECT/RECOMMENDATION:
Recycling Update
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 4/24/2023
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#23-0516
Agenda Date: 5/1/2023 Status: Agenda ReadyVersion: 1
File Type: Presentation(s) for
Council Meeting
In Control: Council Work Session
Agenda Number: 16.1
SUBJECT/RECOMMENDATION:
Older Americans Month Proclamation - Jason Martino, Area Agency on Aging Director of
Planning
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 4/24/2023
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#23-0517
Agenda Date: 5/1/2023 Status: Agenda ReadyVersion: 1
File Type: Presentation(s) for
Council Meeting
In Control: Council Work Session
Agenda Number: 16.2
SUBJECT/RECOMMENDATION:
Economic Development Week Proclamation, May 8-12, 2023 - Denise Sanderson, Economic
Development and Housing Director
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 4/24/2023