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09/04/2024Wednesday, September 4, 2024 6:00 PM City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 Main Library - Council Chambers City Council Meeting Agenda Note - For this meeting, eComments and emails received by 3:00 p.m. on September 4, 2024 will become part of the record. September 4, 2024City Council Meeting Agenda Welcome. We are glad to have you join us. If you wish to address the Council, please complete a Comment Card. Comment Cards are on the right-hand side of the dais by the City Clerk. When recognized, please hand your card to the Clerk, approach the podium and state your name. Persons speaking before the City Council shall be limited to 3 minutes unless otherwise noted under Public Hearings. For other than "Citizens to be heard regarding items not on the Agenda," a spokesperson for a group may speak for 3 minutes plus an additional minute for each person in the audience that waives their right to speak, up to a maximum of 10 minutes. Prior to the item being presented, please obtain the form to designate a spokesperson from the City Clerk. Up to 60 minutes of public comment will be allowed for an agenda item. No person shall speak more than once on the same subject unless granted permission by the City Council. The City of Clearwater strongly supports and fully complies with the Americans with Disabilities Act (ADA). Please advise us at least 48 hours prior to the meeting if you require special accommodations at 727-562-4090. Assisted Listening Devices are available. Kindly refrain from using cell phones and electronic devices during the meeting. Citizens wishing to provide comments on an agenda item are encouraged to do so in advance through written comment. The City has established the following two options: 1) eComments via Granicus - eComments is integrated with the published meeting agenda. Individuals may review the agenda item details and indicate their position on the item. You will be prompted to set up a user profile to allow you to comment, which will become part of the official public record. The eComment period is open from the time the agenda is published. All comments received by 5:00 p.m. the day before the meeting will become part of the official record. 2) Email – Individuals may submit written comments or videos to ClearwaterCouncil@myclearwater.com. All comments received by 5:00 p.m. the day before the meeting will become part of the official record. 1. Call to Order 2. Invocation 3. Pledge of Allegiance 4. Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by governmental agencies or groups providing formal updates to Council will be limited to ten minutes.) 4.1 Hunger Action Month Proclamation - Sen. Nick DiCeglie, Hope Villages of America, CEO 4.2 Ovarian Cancer Awareness Month Proclamation - September 2024 - Claudette Carlan, Chairman of Celma Mastry Ovarian Cancer Foundation 4.3 St. Petersburg/Clearwater International Airport Noise Abatement Task Force - Sean Schrader, Clearwater Representative 4.4 NewGen presentation Page 2 City of Clearwater Printed on 9/3/2024 September 4, 2024City Council Meeting Agenda 5. Approval of Minutes 5.1 Approve the minutes of the August 15, 2024 city council meeting as submitted in written summation by the City Clerk. 6. Consent Agenda The Consent Agenda contains normal, routine business items that are very likely to be approved by the City Council by a single motion. These items are not discussed, and may all be approved as recommended on the staff reports. Council questions on these items were answered prior to the meeting. The Mayor will provide an opportunity for a Councilmember or a member of the public to ask that an item be pulled from the Consent Agenda for discussion. Items pulled will receive separate action. All items not removed from the Consent Agenda will be approved by a single motion of the council. 6.1 Approve a purchase order to Pinellas County Solid Waste for the disposal of solid waste at the Pinellas County waste-to-energy plant/landfill in the not-to-exceed amount of $5,100,000.00, for the period October 1, 2024 through September 30, 2025, pursuant to Clearwater Code of Ordinances, Section 2.563 (1)(a), Single Source, and authorize the appropriate officials to execute same. (consent) 6.2 Approve funding in the form of a deferred loan in an amount not to exceed $1,000,000 to be provided by the City of Clearwater to Sunrise Affordable Housing Group for the land acquisition and a portion of the rehabilitation of real property located at 801 Chestnut St., contingent upon the satisfactory outcome of a staff evaluation plan and approval of a tenant relocation plan, and authorize the appropriate officials to execute documents required to affect closing of the loan. (consent) 6.3 Approve a one-year Agreement with Juvenile Welfare Board (JWB) and the City of Clearwater for funding youth programs, approve a first quarter budget amendment of $553,129 in special program G2107, JWB Youth Programming, and authorize the appropriate officials to execute same. (consent) 6.4 Approve an agreement with the Pinellas County Sheriff’s Office, Largo, Florida, in the amount not to exceed $528,522.50 for forensic crime scene processing, latent prints, property and evidence storage, and Pinellas Juvenile Assessment Center security services, during the one-year period commencing on October 1, 2024 through September 30, 2025, and authorize the appropriate officials to execute same. (consent) Page 3 City of Clearwater Printed on 9/3/2024 September 4, 2024City Council Meeting Agenda 6.5 Approve a purchase order and renewal agreement to TriTech Software Systems, a CentralSquare Company, for the renewal of TriTech Software Support and Maintenance in the amount of $236,153.25 from October 1, 2024 through September 30, 2025, pursuant to Clearwater Code of Ordinances Section 2.563(1)(d), Impractical, and authorize the appropriate officials to execute same. (consent) 6.6 Approve an Event License Agreement between Jones Lang LaSalle Americas, Inc., in its capacity as agent for the owner of the premises known as Countryside Mall, located at 27001 US Highway 19 North, Clearwater, Florida, and the City of Clearwater Police Department for the purpose of hosting a Shred-A-Thon and Operation Medicine Cabinet event on October 26, 2024, located at the Countryside Mall and authorize the appropriate officials to execute same. (consent) 6.7 Approve an Event License Agreement between Jones Lang LaSalle Americas, Inc., in its capacity as agent for the owner of the premises known as Countryside Mall, located at 27001 US Highway 19 North, Clearwater, Florida, and the City of Clearwater Police Department for the purpose of hosting the National Night Out Event on October 1, 2024, located at the Countryside Mall and authorize the appropriate officials to execute same. (consent) 6.8 Approve acceptance of University of North Florida Training and Services Institute, Inc., d/b/a Institute of Police Technology and Management (IPTM), High Visibility Education (HVE) and Support Program for Pedestrian and Bicycle Safety Grant Award in the amount of $27,214.83 for police overtime and authorize the appropriate officials to execute same. (consent) 6.9 Approve the form of Standard Interconnection Agreements with Duke Energy Florida for city-owned renewable energy systems and authorize the appropriate officials to execute same. (consent) 6.10 Authorize a Guaranteed Maximum Price (GMP) to Bandes Construction, for the installation of roof top solar panels at the Clearwater Gas System Complex and Solid Waste Transfer Station in the cumulative amount of $1,066,284.00 pursuant to RFQ 40-20, Construction Manager at Risk (CMAR) Continuing Contracts, and authorize the appropriate officials to execute same. (consent) 6.11 Authorize purchase orders to Shaw Industries Inc of Dalton, GA and Complete Floor Care Solutions, Inc of Tampa, FL for various floor repairs and replacements, in the cumulative not-to-exceed amount of $1,500,000.00 through August 9, 2027 with three one-year renewal options in the cumulative annual not-to-exceed amount of $500,000.00, pursuant to Clearwater Code of Ordinances Sections 2.563(1)(c), Piggyback, and 2.563(1)(a), Single Source, and authorize the appropriate officials to execute same. (consent) Page 4 City of Clearwater Printed on 9/3/2024 September 4, 2024City Council Meeting Agenda 6.12 Approve a purchase order with Maire Company (Maire) for services provided under the lease agreement as well as certain additional work outside of the lease in the amount of $180,800.00, for the third term, beginning October 1, 2024 through September 30, 2025, pursuant to Clearwater Code of Ordinances Section 2.563(1)(d), Non-Competitive Purchases, and authorize the appropriate officials to execute same. (consent) 6.13 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 annual not-to-exceed amount of $1,500,000 for Fiscal Year 2025, pursuant to Clearwater Code of Ordinances Sections 2.561(5)(a), Small purchases, 2.563 (1)(b), Micro purchases, and 2.563(1)(c), Piggyback, and authorize the appropriate officials to execute same. (consent) 6.14 Authorize a purchase order increase to multiple vendors for the purchase of vehicle parts for heavy and light duty city vehicle and equipment in a cumulative not-to-exceed amount of $250,000.00 bringing the total amount to $1,950,000.00 pursuant to Clearwater Code of Ordinances Sections 2.563 (1) (c), Piggyback, 2.563(1)(a), Single source, and 2.563(1)(b),Micro purchases, and authorize the appropriate officials to execute same. (consent) 6.15 Authorize a purchase order to multiple vendors as listed, for various roof repairs and replacements, in the cumulative annual not-to-exceed amount of $1,000,000.00 for term October 1, 2024 through September 30, 2025, with the option for four, one-year renewals through the duration of the respective piggyback contract or through the end of September 2029, pursuant to Clearwater Code of Ordinances Section 2.563(1)(c), Piggyback, and authorize the appropriate officials to execute same. (consent) 6.16 Approve an Event License Agreement between Jones Lang LaSalle Americas, Inc., in its capacity as agent for the owner of the premises known as Countryside Mall, located at 27001 US Highway 19 North, Clearwater, Florida, and the City of Clearwater for the purpose of hosting the Emergency Vehicle Operations Refresher Course (EVORC) as part of Clearwater Fire and Rescue’s vehicle operations training program September 6, 2024 through September 24, 2024, located at the Countryside Mall, and authorize the appropriate officials to execute same. (consent) 6.17 Accept Florida Department of Transportation (FDOT) Grant Agreement Amendment (No. 452861-1-94-01) in the amount of $200,000 for the Design of a Terminal Building at Clearwater Airpark and authorize the appropriate officials to execute same. (consent) 6.18 Approve Work Order to American Infrastructure Development, Inc., of Tampa, FL, for Airpark Terminal and Parking Lot Improvements (23-0015-AP) design in the amount of $432,400.50 pursuant to Request for Qualification (RFQ) 17-24 and authorize the appropriate officials to execute same. (consent) Page 5 City of Clearwater Printed on 9/3/2024 September 4, 2024City Council Meeting Agenda 6.19 Approve Supplemental Work Order 1 to CHA Consulting, Inc. (CHA), for the Reclaimed Water Master Plan project (21-0018-UT) in the amount of $42,998.00, increasing from $433,583.00 to $476,581.00 and authorize the appropriate officials to execute same. (consent) 6.20 Award a construction contract to TLC Diversified, Inc. of Palmetto, FL, for the East Water Reclamation Facility (WRF) Screw Pump Replacement Project in the amount of $3,184,500.00 pursuant to Invitation to Bid (ITB) No.22-0028-UT, approve the Consultant Supplemental Work Order to Jones Edmunds and Associates, Inc. (JEA) of Tampa, FL for construction engineering services in the amount of $213,239.00 bringing the total consulting services to $429,824.00, and authorize the appropriate officials to execute same. (consent) 6.21 Approve Supplemental Work Order 2 (SWO 2) to Jones Edmunds and Associates, Inc., for the East Plant Water Reclamation Facility (WRF) Filter Feed Pump Station and Force Main Improvements project (17-0048-UT), in the amount of $281,342.88, increasing the work order from $248,914.00 to $530,256.88, and authorize the appropriate officials to execute same. (consent) 6.22 Appoint Cynthia Ramos-Gonzalez to the Sister Cities Advisory Board, as the Pinellas County School Board’s World Language Coordinator, with an unexpired term through February 1, 2028. (consent) 6.23 Appoint Heather Rippert to the Sister Cities Advisory Board, as the Clearwater Arts Alliance Representative, with an unexpired term through October 31, 2027. (consent) 6.24 Appoint Stephanie Sisti to the Parks and Recreation Advisory Board with a term expiring July 31, 2028. (consent) 6.25 Appoint Councilmember Michael Mannino to serve as the second city representative on Forward Pinellas. (consent) Public Hearings - Not before 6:00 PM 7. Administrative Public Hearings - Presentation of issues by City staff - Statement of case by applicant or representative (5 min.) - Council questions - Comments in support or opposition (3 min. per speaker or 10 min maximum as spokesperson for others that have waived their time) - Council questions - Final rebuttal by applicant or representative (5 min.) - Council disposition Page 6 City of Clearwater Printed on 9/3/2024 September 4, 2024City Council Meeting Agenda 7.1 Set final millage rate of 5.8850 mills for fiscal year 2024/25 against non-exempt real and personal property within the City of Clearwater and pass Ordinance 9792-24 on first reading. 7.2 Approve the City of Clearwater Annual Operating Budget for the 2024/25 fiscal year and pass Ordinance 9793-24 on first reading. 7.3 Approve the fiscal year 2024/25 Annual Capital Improvement Budget, establish a six-year plan for the Capital Improvement Program (CIP), and pass Ordinance 9794-24 on first reading. 7.4 Approve the recommended Penny for Pinellas project list, as revised for fiscal years 2024/25 through 2029/30. 7.5 Amend Appendix A, Clearwater Code of Ordinances, Schedule of Fees, Rates and Charges, Article XXIV, Public Works Fees, Rates and Charges, Section (3) (c) Solid Waste Collection Rates, Section (3)(d) Recycling Rates, and Section (5) Other Miscellaneous Charges; Increase specific collection fees for Solid Waste and Recycling annually by 3.75% effective October 1, 2024, October 1, 2025, October 1, 2026, October 1, 2027, and October 1, 2028; and pass Ordinance 9788-24 on first reading. 7.6 Amend the Clearwater Community Development Code, Section 3-1508, relating to the regulation of noise and pass Ordinance 9790-24 on first reading. 7.7 Approve the Joint Participation Agreement (JPA) G3137 between the City of Clearwater and the State of Florida Department of Transportation (FDOT), Construction of Terminal and FBO Building at the Clearwater Airpark, authorize the appropriate officials to execute same, and adopt Resolution 24-12. 7.8 Appoint Diane Achinelli to the Community Development Board to a term expiring February 29, 2028. 7.9 Amend Council Rules and adopt Resolution 24-15. 8. City Manager Reports 8.1 North Beach Update 9. City Attorney Reports 10. Closing comments by Councilmembers (limited to 3 minutes) 11. Closing Comments by Mayor 12. Adjourn Page 7 City of Clearwater Printed on 9/3/2024 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#24-0911 Agenda Date: 9/4/2024 Status: Agenda ReadyVersion: 1 File Type: Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by government agencies or groups providing formal updates to Council will be limited to ten minutes.) In Control: Council Work Session Agenda Number: 4.1 SUBJECT/RECOMMENDATION: Hunger Action Month Proclamation - Sen. Nick DiCeglie, Hope Villages of America, CEO SUMMARY: Page 1 City of Clearwater Printed on 9/3/2024 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#24-1009 Agenda Date: 9/4/2024 Status: Agenda ReadyVersion: 1 File Type: Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by government agencies or groups providing formal updates to Council will be limited to ten minutes.) In Control: Council Work Session Agenda Number: 4.2 SUBJECT/RECOMMENDATION: Ovarian Cancer Awareness Month Proclamation - September 2024 - Claudette Carlan, Chairman of Celma Mastry Ovarian Cancer Foundation Page 1 City of Clearwater Printed on 9/3/2024 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#24-1050 Agenda Date: 9/4/2024 Status: Agenda ReadyVersion: 1 File Type: Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by government agencies or groups providing formal updates to Council will be limited to ten minutes.) In Control: Council Work Session Agenda Number: 4.3 SUBJECT/RECOMMENDATION: St. Petersburg/Clearwater International Airport Noise Abatement Task Force - Sean Schrader, Clearwater Representative Page 1 City of Clearwater Printed on 9/3/2024 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#24-0982 Agenda Date: 9/4/2024 Status: Agenda ReadyVersion: 1 File Type: Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by government agencies or groups providing formal updates to Council will be limited to ten minutes.) In Control: Council Work Session Agenda Number: 4.4 SUBJECT/RECOMMENDATION: NewGen presentation SUMMARY: The City Council has unanimously approved a contract with NewGen to evaluate the affordability, reliability, conservation, and value of electric service provided by Duke Energy, along with options and recommendations regarding the future of electricity in Clearwater. NewGen’s multi-disciplinary team will be led by partner Scott Burnham, who offers over 24 years of experience in the areas of project management, cost of service and rate design, asset valuation, and financial feasibility analysis. As the 9-month study gets underway, Mr. Burnham will be meeting in person with city staff; he will also be presenting to the Council and the public. Page 1 City of Clearwater Printed on 9/3/2024 © 2024 NEWGEN STRATEGIES AND SOLUTIONS, LLC ELECTRIC UTILITY FEASIBILITY STUDY CITY OF CLEARWATER, FLORIDA September 4, 2024 © 2024 NEWGEN STRATEGIES AND SOLUTIONS, LLC AGENDA •Introductions/Project Team Organizations ̶NewGen Project Team Leads ̶Project Structure •Project Plan ̶Technical, Financial, Legal Approach ̶Project Schedule •Reference Projects •Questions 2 33© 2024 NEWGEN STRATEGIES AND SOLUTIONS, LLC PROJECT LEADS • Prime Consultant; Financial and Economic Analysis • Scott Burnham, Project Manager • 25 years of experience in project management, COSA/rate design, financial feasibility analysis, and asset evaluation NewGen Strategies and Solutions, LLC • Subconsultant; Engineering • Tom Ghidossi • Extensive background in the design and analysis of power generation, transmission, and distribution systems Barr Engineering Company • Subconsultant; Legal • John Coyle, Esq. • 35 years representing municipalities, consumer-owned utilities, and other consumer interests in legal proceedings Duncan & Allen, LLP 3 44© 2024 NEWGEN STRATEGIES AND SOLUTIONS, LLC TEAM ORGANIZATION 4 © 2024 NEWGEN STRATEGIES AND SOLUTIONS, LLC CLEARWATER FEASIBILITY STUDY 5 Task 1 Project Kickoff, Develop Strategic Assessment Task 2 Technical, Financial, and Legal Feasibility Assessment Task 3 Prepare Report, Presentation 6© 2024 NEWGEN STRATEGIES AND SOLUTIONS, LLC TASK 1: PROJECT KICKOFF, STRATEGIC ASSESSMENT •Kickoff Meeting: ̶Scheduled for tomorrow (September 5, 2024) ̶Discuss/Develop Strategic Assessment •Review documents/data: ̶Franchise Agreement ̶Duke Florida available data ̶City maps/GIS systems •Review City utility data: ̶Customer mix (residential, commercial and industrial) ̶Estimate customer load (electricity usage) •Data request for Duke Florida 6 7© 2024 NEWGEN STRATEGIES AND SOLUTIONS, LLC TASK 2: TECHNICAL, FINANCIAL, LEGAL FEASIBILITY ASSESSMENT •Financial Model – Municipal utility costs over 30-year period: ̶Purchase price for delivery assets only ̶Severance/reintegration ̶Potential stranded cost ̶Load forecast ̶Power supply costs •Do not need to build power plant ̶Start-up/ongoing operations and maintenance ̶Long-range capital plan ̶Financing costs ̶Replacement of Municipal Revenues 7 8© 2024 NEWGEN STRATEGIES AND SOLUTIONS, LLC TASK 2: TECHNICAL, FINANCIAL, LEGAL FEASIBILITY ASSESSMENT •Financial Model – Purchase Price: ̶Field investigation by Barr Engineering ̶Range of values ̶Create maps/GIS database ̶Categorize by FERC account ̶Condition assessment/estimated age ̶Develop Reproduction Cost for assets ̶Assign estimated depreciation to assets ̶Reproduction Cost Less Depreciation (RCLD) 8 99© 2024 NEWGEN STRATEGIES AND SOLUTIONS, LLC TASK 2: TECHNICAL, FINANCIAL, LEGAL FEASIBILITY ASSESSMENT 9 •Field Investigation of Electric System 10© 2024 NEWGEN STRATEGIES AND SOLUTIONS, LLC TASK 2: TECHNICAL, FINANCIAL, LEGAL FEASIBILITY ASSESSMENT •Legal Analysis – FERC legal considerations – “Stranded Cost” claims, interconnection and severance, and related issues •Stranded costs: ̶Under FERC’s 1996 Open Access Transmission rule (Order No. 888) new utilities using former incumbent’s transmission to access alternative power supply may be required to pay for the cost of “stranded” generation costs of the former incumbent utility, typically as part of their transmission bill •Mitigation Strategies: ̶Keep power supply with incumbent ̶Behind-the-wholesale-meter generation competition does NOT create stranded costs ̶Obtain transmission from utility other than incumbent 10 11© 2024 NEWGEN STRATEGIES AND SOLUTIONS, LLC TASK 3: REPORTS/ PRESENTATION •Study draft/Final reports •Process Roadmap •Presentation of Study findings ̶Financial analysis ̶Engineering assessment ̶Legal strategy •Recommendations 11 1212© 2024 NEWGEN STRATEGIES AND SOLUTIONS, LLC PROJECT SCHEDULE 12 13© 2024 NEWGEN STRATEGIES AND SOLUTIONS, LLC PREVIOUS STUDIES/ EXPERIENCE NewGen, Barr Engineering, Duncan & Allen City of Chicago, IL •Preliminary investigation •Financial pro forma cash flow model •Project not financially feasible due to costs/severance issues •Completed in September 2020 •Report is available at the City’s website Created Kentucky Municipal Energy Agency (KyMEA) •12 Municipal clients •Strategic Power Supply Planning/FERC review •Online May 2019 City of San Diego, CA •Phase I report July 2023 •Ongoing analysis for Phase II report (July 2025) City of Ann Arbor, MI •Phase I report February 2024 •Phase II RFP issued August 2024 13 14© 2024 NEWGEN STRATEGIES AND SOLUTIONS, LLC PREVIOUS STUDIES/ EXPERIENCE NewGen & Barr Engineering CORE Electric Cooperative, CO •Feasibility of acquiring municipal distribution system •Engineering evaluation •GIS map of the existing utility overhead facilities •Sample existing facilities age/condition •Reproduction Cost New/RCLND/OCLD (Original Cost) •Severance/Separation requirements •Preliminary designs/costs for new facilities. •Long-range capital plan 14 15© 2024 NEWGEN STRATEGIES AND SOLUTIONS, LLC PREVIOUS STUDIES/ EXPERIENCE Duncan & Allen Municipal Utility Formation •Electric District No. 3 – Pinal County, AZ •City of Clyde, OH •Kanab, UT •Village of Elbow Lake, MN Feasibility Studies/Pre-Formation Advisories •Wichita, KS •City of Boulder, CO •East Hampton, Riverhead, Shelter Island, Southampton, Southold, NY •Brook Park, OH 15 1616© 2024 NEWGEN STRATEGIES AND SOLUTIONS, LLC PUBLIC POWER ENTITIES IN FLORIDA 16 Previous/Existing Florida Municipal Power Agency (FMPA) clients •Jacksonville Energy Authority (JEA) •Keys Energy Services (Key West) •Reedy Creek Energy Services •City of Tallahassee NEWGEN STRATEGIES AND SOLUTIONS, LLC 225 UNION BOULEVARD, SUITE 450, LAKEWOOD, COLORADO 80228 QUESTIONS/REVIEW SCOTT BURNHAM | (720) 259-1762 | SBURNHAM@NEWGENSTRATEGIES.NET JOHN P. COYLE | (202) 289-8400 | JPC@DUNCANALLEN.COM TOM GHIDOSSI | (970) 207-9648 X103 | TGHIDOSSI@BARR.COM Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#24-0804 Agenda Date: 9/4/2024 Status: Agenda ReadyVersion: 1 File Type: MinutesIn Control: City Council Agenda Number: 5.1 SUBJECT/RECOMMENDATION: Approve the minutes of the August 15, 2024 city council meeting as submitted in written summation by the City Clerk. Page 1 City of Clearwater Printed on 9/3/2024 City Council Meeting Minutes August 15, 2024 Page 1 City of Clearwater City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 Meeting Minutes Thursday, August 15, 2024 6:00 PM Main Library - Council Chambers City Council Draft City Council Meeting Minutes August 15, 2024 Page 2 City of Clearwater Roll Call Present: 5 - Mayor Bruce Rector, Vice Mayor David Allbritton, Councilmember Ryan Cotton, Councilmember Michael Mannino and Councilmember Lina Teixeira Also Present: Jennifer Poirrier – City Manager, Daniel Slaughter – Assistant City Manager, David Margolis – City Attorney, Rosemarie Call – City Clerk and Nicole Sprague – Deputy City Clerk. To provide continuity for research, items are listed in agenda order although not necessarily discussed in that order. Unapproved 1. Call to Order – Mayor Rector The meeting was called to order at 6:00 p.m. 2. Invocation – Major Ted Morris, The Salvation Army 3. Pledge of Allegiance 4. Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by governmental agencies or groups providing formal updates to Council will be limited to ten minutes.) – Given. 4.1 August Service Awards The August 2024 Employee of the Month Award was presented to Amber Brice, Art and Cultural Affairs. 4.2 Clearwater Sister Cities Inc. Young Ambassador Presentation Clearwater Sister Cities Inc. is a non-profit organization that provides many cultural exchange events for the community centered around Clearwater’s Sister City, Nagano, Japan. Their Young Ambassador program allows middles school students the opportunity to experience life in Japan firsthand. They spend a week sightseeing and a week with a homestay family in Nagano while attending a local school. Though this trip is funded primarily by the parents of students and partially by organization, the City of Clearwater provides one scholarship per year to a Clearwater resident. Draft City Council Meeting Minutes August 15, 2024 Page 3 City of Clearwater 5. Approval of Minutes 5.1 Approve the minutes of the August 1, 2024 city council meeting as submitted in written summation by the City Clerk. Councilmember Cotton moved to approve the minutes of the August 1, 2024 city council meeting as submitted in written summation by the City Clerk. The motion was duly seconded and carried unanimously. 6. Consent Agenda – Approved as submitted, less Items 6.1- 6.3. 6.1 Approve First Amendment to the Venue License Agreement between the City and Ruth Eckerd Hall Inc. for the management and operation of The BayCare Sound and authorize the appropriate officials to execute same. (consent) See Below. 6.2 Approve supplemental two work order from Moffatt and Nichol, of Tampa, FL for Construction Engineering Inspection (CEI), additional permitting services and grant administration for the Clearwater Beach Marina Replacement project (21-0008-MA), a $329,017.00 increase for a new total of $1,849,091.50 pursuant to Request for Qualifications (RFQ) 24-21 and authorize the appropriate officials execute same. (consent) See Below. 6.3 Approve a Contract for Purchase of Real Property by the City of Clearwater (City), located at 1843 Springtime Ave, Clearwater, FL 33774, owned by James McLaughlin with a purchase price of $350,000.00 and total expenditures not to exceed $360,000.00, and authorize the appropriate officials to execute same, together with all other instruments required to affect closing. (consent) See Below. 6.4 Accept a Sovereignty Submerged Lands Easement from Board of Trustees of the Internal Improvement Trust Fund of the State of Florida, for the construction, installation, and maintenance of gas utility facilities on real property lying U.S. 19 Alt SR 595 (Bay Shore Blvd.), over Cedar Creek, Pinellas County, Florida. (consent) 6.5 Approve Guaranteed Maximum Price (GMP) Proposal from Biltmore Construction Co., Inc. of Belleair, FL, for repair of Fire Station 48 Burn Tower in the amount of $324,944.00, pursuant to Request for Qualifications (RFQ) 40-20, Construction Manager at Risk Services Continuing Contracts, and authorize the appropriate officials to execute same. (consent) Draft City Council Meeting Minutes August 15, 2024 Page 4 City of Clearwater 6.6 Approve an agreement with Precision Contracting Services, Inc., for the installation of new, and maintenance of existing, conduit and fiber optic cabling in the not to exceed amount of $6,622,835.00 for a five-year term beginning September 1, 2024 through August 31, 2029, pursuant to RFP 46-24, and authorize the appropriate officials to execute same. (consent) Councilmember Teixeira moved to approve the Consent Agenda as submitted, less Items 6.1 through 6.3, and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. 6.1 Approve First Amendment to the Venue License Agreement between the City and Ruth Eckerd Hall Inc. for the management and operation of The BayCare Sound and authorize the appropriate officials to execute same. (consent) On May 19, 2022, the City Council approved staff entering contract negotiations with Ruth Eckerd Hall (REH) to manage, program and operate the Venue and on December 8, 2022 a Venue License Agreement between the City and REH was approved. The grand opening of the park and the Sound occurred on June 28, 2023. Prior to this, on April 15, 2021, staff was authorized to issue an RFP to seek consultant services for naming rights and sponsorships for Imagine Clearwater and on March 3, 2022, City Council approved issuing a purchase order to Superlative Group Inc. for Phase I, development of a Valuation Report. Following the delivery of the Valuation Report the Council approved entering Phase II, Sales Services, which began on February 2, 2023. Approximately one year later on March 7, 2024, the City Council approved a Naming Rights Agreement between BayCare Health Systems Inc. and the City naming the venue “The BayCare Sound.” During the first year of operations of The BayCare Sound both the City and REH have recognized a need to amend the original agreement to provide for clarification and definition of some operational issues which will strengthen the agreement and relationship between the City and REH. These changes and additions to the agreement will allow REH and the City to provide for more effective and efficient operations of The BayCare Sound. Most of the contractual amendments are intended to reflect the operational standards that have been developed and in use by both parties since the approval of the original agreement. Some of the key issues that have been negotiated and may be of specific interest to the Council and the public can be Draft City Council Meeting Minutes August 15, 2024 Page 5 City of Clearwater found in the “Term Sheet Between City and REH”. REH has always been aware of their responsibility to pay for all utility costs associated with use of the Venue. The amended language clarifies what this will be. Following is a list of the utilities and percentages being paid by REH and justification as to why these percentages apply. Electricity - 100%: The Venue is metered separately from the remainder of Coachman Park and these bills are directly attributed to REH. Water, Sewer, Wastewater • Restroom on the Hill - 100%: This restroom (at the northeast quadrant of the Sound near the library) is not opened to the public and serves REH or City Events only. • Main Building including Main Restroom - 50%: This restroom is used by the public year-round except for the 35 performance days REH uses the Venue. Since the building is serviced by a 2-inch meter there is a minimum usage charge which neither REH nor the city combined will exceed. Thus, the City and REH agreed to share the minimum charge of $4,906.98 per month on a 50/50 basis. • Vendor Area in Plaza and Green in the Park - 50%: There is a 1 ½ inch meter that services the vendor plaza area about 35 times a year and the park the remainder of the year. Like the main restrooms there is a minimum usage charge that neither REH nor the city combined will exceed. Thus, the City and REH agreed to share the minimum charge of $886 per month on a 50/50 basis. Trash Compactor - 25%: The compactor is used 365 days a year by city staff to dispose of trash gathered in the park while REH uses the compactor only during event days. On average the compactor is emptied four times a month therefore REH agreed to pay for one compactor pull per month or 25% of the yearly bill. Storm Water Fee - REH is responsible to pay the proportionate stormwater fees for the impervious areas (2.51 acres) within the Venue. Rest Room Supplies - 0%: The city is responsible to open, close, clean and stock these restrooms 365 days per year for use by the public, while REH cleans and stocks the restrooms only for their performances. Since REH pays 100% of electricity cost for the rest rooms staff is recommending that the city donate restroom supplies for use by REH. Operationally this works best for both parties. Sponsor tickets - REH will provide 10 highest priced tickets per event to the venue sponsor, at no cost to the city or venue sponsor. This has an estimated cost of $56,000 a year. City staff and REH are supportive of this amendment as it will provide a more stable business model that allows REH to operate the Venue as successful as they can, thus providing quality entertainment for the community, while at the same time allowing the citizens to enjoy many of the amenities of the Venue Draft City Council Meeting Minutes August 15, 2024 Page 6 City of Clearwater when not in use by REH. STRATEGIC PRIORITIES: Approval of this amendment supports several Strategic Plan Objectives, including: • 1.5: Embrace a culture of innovation that drives continuous improvement and successfully serves all our customers. • 2.1: Strengthen public-private initiatives that attract, develop, and retain diversified business sectors. • 2.2: Cultivate a business climate that welcomes entrepreneurship, inspires local investment, supports Eco-friendly enterprises, and encourages high-quality job growth. and • 2.3: Promote Clearwater as a premier destination for entertainment, cultural experiences, tourism, and national sporting events. One individual spoke in opposition. Vice Mayor Allbritton moved to approve First Amendment to the Venue License Agreement between the City and Ruth Eckerd Hall Inc. for the management and operation of The BayCare Sound and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. 6.2 Approve supplemental two work order from Moffatt and Nichol, of Tampa, FL for Construction Engineering Inspection (CEI), additional permitting services and grant administration for the Clearwater Beach Marina Replacement project (21-0008-MA), a $329,017.00 increase for a new total of $1,849,091.50 pursuant to Request for Qualifications (RFQ) 24-21 and authorize the appropriate officials execute same. (consent) The Beach Marina, located on the south side of the Clearwater beach roundabout, dates to the early 1950’s. Due to the dock and utility infrastructure’s age and outdated mix of slip sizes and types, the marina no longer meets current best practices and standards and requires replacement. October 7, 2021, City Council approved the professional service agreement and design work order with Moffatt Nichols pursuant to Request for Qualifications (RFQ) 24-21 in the amount of $1,484,174.50. July 18, 2023, City Manager approved supplemental one work order for a parking study to evaluate the parking demand at the Marina in the amount of $35,900.00. Draft City Council Meeting Minutes August 15, 2024 Page 7 City of Clearwater Supplemental two work order provides for Phase 1 (12 months) of CEI services, additional work to complete the City’s Building Permit requirements and administration of the Resilient Florida and Sport Fish Restoration Grants. Phase 2 CEI services will be covered by a future supplemental work order. This supplemental two work order and future supplement are included in the $46M project budget. APPROPRIATION CODE AND AMOUNT: 3327332-561300-C1905 $329,017.00 Funds are available in capital improvement project 332-C1905, Beach Marine Upgrade, to fund this work order. STRATEGIC PRIORITY: High Performing Government 1.2 Maintain public infrastructure, mobility systems, natural lands, environmental resources, and historic features through systematic management efforts. Economic & Housing Opportunity 2.2 Cultivate a business climate that welcomes entrepreneurship, inspires local investment, supports eco-friendly enterprises, and encourages high-quality job growth. 2.3 Promote Clearwater as a premier destination for entertainment, cultural experiences, tourism, and national sporting events. Environmental Stewardship 4.1 Support proactive climate resiliency strategies based in science to protect natural and built environments from impacts associated with sea level rise. One individual spoke in opposition. Councilmember Mannino moved to approve supplemental two work order from Moffatt and Nichol, of Tampa, FL for Construction Engineering Inspection (CEI), additional permitting services and grant administration for the Clearwater Beach Marina Replacement project (21-0008-MA), a $329,017.00 increase for a new total of $1,849,091.50 pursuant to Request for Qualifications (RFQ) 24-21 and authorize the appropriate officials execute same. The motion was duly seconded and carried unanimously. 6.3 Approve a Contract for Purchase of Real Property by the City of Clearwater (City), located at 1843 Springtime Ave, Clearwater, FL 33774, owned by James McLaughlin with a purchase price of $350,000.00 and total expenditures not to exceed $360,000.00, and authorize the appropriate officials to execute same, together with all other instruments required to affect closing. (consent) Draft City Council Meeting Minutes August 15, 2024 Page 8 City of Clearwater This parcel is a strategic acquisition for the City of Clearwater to meet some of the recommendations of the Stevenson Creek Water Management Plan, as well as creating direct neighborhood benefits, such as: improving existing flooding conditions and the City’s Community Rating System (FEMA’s CRS), removing one home from the 100-year floodplain, providing much needed access to the creek for construction and maintenance, and providing future flood compensation volume for the area. This property rests between two bridges (Douglas Avenue & Springtime Avenue) and will provide access during construction of the proposed stormwater improvements and bridge replacements. The clear access is expected to reduce construction cost and potential delays and cost for easement acquisitions. In addition to the short-term benefits, the property is an ideal location, allowing City Stormwater maintenance to access both bridges for routine inspections and maintenance activities as well as access to the creek for neighborhood residents. Two appraisals were performed, one on, August 21, 2023, which provided an appraised value of $287,500.00, but said did not include the affected creek bank land. November 3, 2023, a second appraisal was completed to total $19,506.00 to include all affected areas including the creek bank; but said appraisal did not include the center portion of the creek bank which was then calculated at $20,596.00 for a total value of $327,602.00 dollars. The landowner rejected this amount based on current market conditions. As a Licensed Broker, staff formed a Broker's Price Opinion (BPO) based on current closed Sales, strategic importance of the property for city purposes, thereby increasing the amount by $22,398.00 to the final Purchase price of $350,000.00 dollars, which was accepted by the landowner. A crossing sanitary sewer easement is not within the construction zone, and there are no other utilities to address. City staff have approved this request. APPROPRIATION CODE AND AMOUNT: ENST180003-ACQ-LNDPUR $360,000 Funds are available in capital improvement project ENST180003, Stormwater System Expansion, to fund this contract. STRATEGIC PRIORITY: Purchasing this property will help the City achieve Strategic Objective 1.2 Maintain public infrastructure, mobility systems, natural lands, environmental resources, and historic features through systematic management efforts: and 1.3 Adopt responsive levels of service for public facilities and amenities, and identify resources required to sustain that level of service. One individual questioned if staff considered the alternative cost methods of doing the construction without purchasing the land. Draft City Council Meeting Minutes August 15, 2024 Page 9 City of Clearwater Real Estate Services Coordinator Robert Kasmer said the subject parcel rests between two bridges that need to be reconstructed in order to enhance stormwater flow. In the future, Parks and Recreation may use the site for a kayak launch. Public Works Director Marcus Williamson said the site also provides the City with a good launching point for annual stormwater maintenance access. He said the City receives an annual CRS credit for purchasing property located in a flood prone area, which benefits all residents who purchase flood insurance. Mr. Williamson said purchasing the site was a better alternative, as utilizing a barge to transport the large equipment and to access the area would be more expensive. Mr. Kasmer said the subject property is 137 feet of waterfront and is a heavily wooded area. Councilmember Cotton moved to approve a Contract for Purchase of Real Property by the City of Clearwater (City), located at 1843 Springtime Ave, Clearwater, FL 33774, owned by James McLaughlin with a purchase price of $350,000.00 and total expenditures not to exceed $360,000.00, and authorize the appropriate officials to execute same, together with all other instruments required to affect closing. The motion was duly seconded and carried unanimously. Public Hearings - Not before 6:00 PM 7. Administrative Public Hearings 7.1 Approve State Housing Initiatives Partnership (SHIP) Program Annual Report and Local Housing Incentive Certification for the closeout year 2021-2022 and interim year 2022-2023 and allow appropriate officials to execute same. (APH) The Florida Legislature enacted the William E. Sadowski Affordable Housing Act (Act) in 1992. The Act created a dedicated revenue source for state and local housing trust funds including the State Housing Initiatives Partnership (SHIP) Program. Through the SHIP Program, the Economic Development and Housing Department has provided funding for the following housing activities: Purchase assistance in the form of down payment and closing costs assistance of existing structures; the construction of new dwellings; the rehabilitation of owner-occupied single-family dwellings; and the rehabilitation of rental Draft City Council Meeting Minutes August 15, 2024 Page 10 City of Clearwater properties. All local governments receiving SHIP funds must submit their annual report to the Florida Housing Finance Corporation by September 15 of each year. The annual report provides details of expended and encumbered funds. The report also provides information on the strategies funded, the number of households served, and income category, age, family size, race and other data regarding special needs populations such as homeless persons, persons with disabilities and the elderly. The report is submitted electronically to the State of Florida. SHIP is a unique funding program. Qualifying local governments (Grantees) are allocated formula-derived amounts annually from a dedicated funding source. The State encourages grantees to spend these funds in the form of loans, rather than grants, so future revenue from repayment of loans (Program Income) can be used in addition to annual allocations. Grantees are given three years to expend an annual allocation and Program Income received during the same program year. With each SHIP report, the closeout year must be fully expended. Negative carryover results from project expenditures spanning more than one year. That is, projects in FY2022-2022 (closeout year) utilized funds from FY2022-2023 and FY2023-2024. For closeout year 2021-2022, the City received $806,837 from the state annual distribution, $1,045,409.04 in program income and related interest, carryover of a negative balance of $6,972.49 from previous year funds for FY 2021-2022 total revenue of $1,845,273.55. The city expended a total of $1,782,436.32 to assist sixty-eight families utilizing its approved strategies. The city expended $271,770 on purchase assistance, $442,119.32 on owner-occupied rehabilitation, $705,800 on construction of four new single-family homes and $362,747 to rehabilitate seven multi-family units. SHIP funding has a positive impact on the City’s economy, as evidenced by activities in closeout year 2021-2022, where the City expended $1,782,436.32 on SHIP strategies in SHIP dollars to leverage approximately $2,000,000 in other funds. Additionally, the city spent $107,933.94 on program administration. The City’s SHIP program will carry a negative balance of $45,096.71 into FY 2022-23 which will be closed out this time next year. STRATEGIC PRIORITY: Objective 2.4 - Supports equitable housing programs that promote household stability and reduces the incidence of homelessness within Clearwater. Councilmember Teixeira moved to approve State Housing Initiatives Partnership (SHIP) Program Annual Report and Local Draft City Council Meeting Minutes August 15, 2024 Page 11 City of Clearwater Housing Incentive Certification for the closeout year 2021-2022 and interim year 2022-2023 and allow appropriate officials to execute same. The motion was duly seconded and carried unanimously. 7.2 Appoint 11 members to the 2024 Affordable Housing Advisory Committee to include the appointment of a locally elected official and adopt Resolution 24-11. Florida Statute Section 420.9076 states that counties and cities receiving State Housing Initiatives Partnership (SHIP) program funds are required to establish annually an Affordable Housing Advisory Committee (AHAC) and prepare a Local Housing Incentive Strategy (LHIS). The statute further provides that the committee be made up of eight to 11 members appointed by the City. The committee must consist of one locally elected official and one representative from at least six specific categories. The required categories and recommended individuals are listed below: • Banking industry/mortgage: Robyn Fiel • Area of labor engaged in home building: David Harder • Advocate for low-income person: Christine Bond • Not-for-profit provider of affordable housing: Charessa Doty • Real estate professional engaged in affordable housing: Lindsay Dicus-Harrison • Representative of employers: Camille Hebting • Clearwater resident: Linda Byers • Member of the local planning agency: Michael Boutzoukas • Essential Services representative: Cheri DeBlaere • Residential home building: Rick Vail • Locally elected official: Mike Mannino The duties of the Affordable Housing Advisory Committee shall include reviewing policies and procedures, ordinances, land development regulations and the City’s adopted comprehensive plan and shall recommend specific actions or initiatives to encourage or facilitate affordable housing while protecting the ability of the property to appreciate in value. The LHIS must be submitted to City Council by December 31, 2024, and will encompass the definition, vision, strategic focus areas, and action plan (including potential amendments to procedures and existing regulations) in order to facilitate the development of affordable housing in the City. STRATEGIC PRIORITY: Objective 2.4 - Supports equitable housing programs that promote household Draft City Council Meeting Minutes August 15, 2024 Page 12 City of Clearwater stability and reduces the incidence of homelessness within Clearwater. Resolution 24-11 was presented and read by title only. Vice Mayor Allbritton moved to appoint 11 members to the 2024 Affordable Housing Advisory Committee to include the appointment of a locally elected official and adopt Resolution 24-11. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Rector, Vice Mayor Allbritton, Councilmember Cotton, Councilmember Mannino and Councilmember Teixeira 7.3 Approve increases of residential and commercial Stormwater Utility rates by 8.0% per Equivalent Residential Unit (ERU) beginning October 1, 2024, October 1, 2025, October 1, 2026, October 1, 2027, and October 1, 2028; allow for billing of property owners for services of Stormwater Management irrespective of the use of other utility services; and pass Ordinance 9774-24 on first reading. August 18, 2022, City Council adopted five years of Stormwater rate increases at 1.75% per year for fiscal years 2023 through 2027. Stantec Consulting Services’ 2024 revenue sufficiency and financial forecast analysis determined that, due to current capital and operating cost projections, increases of 8.0% are needed for fiscal years 2025 ($14.98), 2026 ($16.18), 2027 ($17.47), 2028 ($18.87) and 2029 ($20.38), beginning October 1, 2024. Property owners are currently paying $13.87 per ERU, effective 10/1/23 for current FY24. The proposed 10/1/24 8% rate, will increase the previously approved rate of $14.11 (a 1.75% increase) to $14.98 (8% increase), or $0.87 a month per ERU (per single residence). Stormwater Utility fees are utilized for planning, design, construction, operation, maintenance, and inspection of the City’s stormwater management facilities as well as ensure the City meets new regulation requirements. This rate increase is needed to provide adequate funding to operate the City’s Stormwater System and maintain compliance with debt service. This ordnance includes updated language to assess a stormwater management utility fee regardless of whether other city utilities (potable water, sanitary sewer, reclaim, gas) are being provided for the property parcel, including vacant parcels, to appropriately collect fees from all users of the city-wide stormwater system. Business Impact Statement: This rate change will result in a stormwater rate increase of 8% for Clearwater businesses. This increase is designed to help mitigate flooding issues and comply with State regulations. Failure to implement rate increases would result in sooner bond requirements to cover Draft City Council Meeting Minutes August 15, 2024 Page 13 City of Clearwater debt costs, which would ultimately result in much higher rate increases. In addition, failing to properly augment required spending could jeopardize Clearwater’s AAA bond rating that helps offset debt financing costs, which could result in higher costs to businesses in the future from higher rate increases. Failure to perform the work, would result in increased flooding, potential safety issues from deteriorating stormwater infrastructure and potential fines from State regulators for failing to inspect and maintain the stormwater system. Failure to perform required work may result in flooding with road/sidewalk infrastructure problems, which would likely impact businesses by making it more difficult or undesirable for customers and business activities to operate. The rate increase is citywide and stormwater concerns to each business across the city will vary based the surrounding stormwater infrastructure, elevation, tidal influence, bodies of water near the facility, road network, type of business activities, and several other factors. For this reason, the business impact statement is citywide and not tailored to specific businesses. In preparing the stormwater rate study, the City carefully balanced needs for stormwater improvements and maintenance across future years to minimize rate impacts while ensuring stormwater needs are met, minimizing impacts to residents and businesses. Initial efforts had a higher rate that was balanced down to the proposed 8% level, reasonably accounting for impacts given increased storm intensity, higher tidal elevations and inflationary and land development pressures. STRATEGIC PRIORITY: 1.1 Provide evidence-based measurement tools to continually guide municipal performance and promote accountable governance. 1.2 Maintain public infrastructure, mobility systems, natural lands, environmental resources, and historic features through systematic management efforts. 1.3 Adopt responsive levels of service for public facilities and amenities, and identify resources required to sustain that level of service. 1.4. Foster safe and healthy communities in Clearwater through first-class public safety and emergency response services. One individual spoke in opposition. One individual requested additional information regarding the cost associated to addressing broken systems versus installing new stormwater conveyances in subdivisions prior to second reading. Discussion ensued with comments made that staff is looking at all potential funding sources to assist with future stormwater projections. Ordinance 9774-24 was presented and read by title only. Councilmember Mannino moved to approve increases of Draft City Council Meeting Minutes August 15, 2024 Page 14 City of Clearwater residential and commercial Stormwater Utility rates by 8.0% per Equivalent Residential Unit (ERU) beginning October 1, 2024, October 1, 2025, October 1, 2026, October 1, 2027, and October 1, 2028; allow for billing of property owners for services of Stormwater Management irrespective of the use of other utility services; and pass Ordinance 9774-24 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Rector, Vice Mayor Allbritton, Councilmember Cotton, Councilmember Mannino and Councilmember Teixeira 7.4 Confirm the Declaration of a State of Emergency due to conditions surrounding Hurricane Debby and adopt Resolution 24-13. The entire City of Clearwater was threatened by the wind and rain and disruption of services and coastal areas were threatened by storm surge attendant to the arrival of Hurricane Debby. Mayor Bruce Rector issued a Proclamation of a State of Emergency on August 5, 2024. Section 15.07(2) of the Code of Ordinances requires the City Council to confirm a Declaration of a State of Emergency at the next regularly scheduled meeting. Resolution 24-13 was presented and read by title only. Councilmember Cotton moved to confirm the Declaration of a State of Emergency due to conditions surrounding Hurricane Debby and adopt Resolution 24-13. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Rector, Vice Mayor Allbritton, Councilmember Cotton, Councilmember Mannino and Councilmember Teixeira 8. City Manager Reports 8.1 North Beach Update Public Works Director Marcus Williamson said, during the most recent storm, staff observed that some of the pumps worked better, proving that the recent maintenance has helped. Staff is reviewing the proposals received for the larger implementation, but will be rediscussing the implementation project as there may be more creative ways to address stormwater issues that do not require infrastructure replacement. Draft City Council Meeting Minutes August 15, 2024 Page 15 City of Clearwater Council thanked staff for their efforts during the storm. 9. City Attorney Reports – None. 10. Closing comments by Councilmembers (limited to 3 minutes) Councilmember Cotton thanked staff for their dedication and efforts during Hurricane Debby. Councilmember Teixeira reviewed recent events and said she is working with the Clearwater Arts Alliance on an upcoming pop-up "Wearable Art" exhibit at the Main Library, September 3-21. She wished all of Italian heritage a blessed Feast of the Assumption. Councilmember Mannino thanked staff for their dedication during the storm and congratulated the three Clearwater Olympians for their efforts in Paris. Vice Mayor Allbritton said the Governor approved the Forward Pinellas Reapportionment Plan on August 8, providing Clearwater with another seat. 11. Closing Comments by Mayor Mayor Rector reviewed recent and upcoming events, congratulated Clearwater's Olympians, and urged drivers to be careful while driving as schools are back in session and students are walking to school. 12. Adjourn The meeting adjourned at 7:09 p.m. Mayor City of Clearwater Attest City Clerk Draft Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#24-1040 Agenda Date: 9/4/2024 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Solid Waste Agenda Number: 6.1 SUBJECT/RECOMMENDATION: Approve a purchase order to Pinellas County Solid Waste for the disposal of solid waste at the Pinellas County waste-to-energy plant/landfill in the not-to-exceed amount of $5,100,000.00, for the period October 1, 2024 through September 30, 2025, pursuant to Clearwater Code of Ordinances, Section 2.563 (1)(a), Single Source, and authorize the appropriate officials to execute same. (consent) SUMMARY: Pinellas County Solid Waste (PCSW) operates the only waste-to-energy plant and landfill in the county. All putrescible solid waste collected by the city is taken to this facility. During the most recently completed fiscal year (FY23) the City took approximately 92,000 tons of solid waste to PCSW. Effective October 1, 2024, the tipping fee for PCSW will be raised to $54.50 per ton up from $51.00 per ton in FY24. This represents a rate increase of 6.75%. Staff anticipates further usage of the recycling program lessening the full impact of the PCSW rate increase on our budget. APPROPRIATION CODE AND AMOUNT: Funds are included in the requested FY 2024/25 Operating Budget of the Solid Waste Department in the following cost codes to fund this contract: 4242082-543500, Dump Fees 4242083-543500, Dump Fees 4242089-543500, Dump Fees Operating and capital expenses of the Solid Waste Department are funded by revenues from the Solid Waste and Recycling Utility Enterprise Fund. STRATEGIC PRIORITY: This item falls under objective 4.2 (Adopt renewable resource usage and waste reduction practices to ensure a vibrant City for current and future generations.) under Environmental Stewardship. Page 1 City of Clearwater Printed on 9/3/2024 RESOLUTION 22- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PINELLAS COUNTY, FLORIDA, ADOPTING AN INCREASED FEE FOR DISPOSAL OF APPROVED SOLID WASTE AT THE SOLID WASTE DISPOSAL FACILITIES. WHEREAS, the Pinellas County Solid Waste Disposal Facilities operate on a user fee basis; and WHEREAS, Pinellas County Code § 106-53 requires that fees be fixed and established by resolution of the Board after Public Hearing; and WHEREAS, the code also requires that the Technical Management Committee (TMC) make recommendations to the Board concerning, among other things, fees; and WHEREAS, a rate study was prepared by Raftelis Financial Consultants Inc., and the TMC had the benefit of the rate study; and WHEREAS, the TMC has reviewed and recommend a fee of $47.15 per ton for one (1) year, which is different from the fee in this Resolution; and WHEREAS, all other Solid Waste fees remain unchanged. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Pinellas County, Florida, in regular session duly assembled this _day of , 2022, after taking public comment pursuant to Pinellas County Code § 106-53 The fee for Approved Solid Waste be increased from the current rate of $44.70 per ton to: 1. $47.75 per ton effective October 1, 2022 2. $51.00 per ton effective October 1, 2023 3. $54.50 per ton effective October 1, 2024. Commissioner offered the foregoing Resolution and moved its adoption, which was seconded by Commissioner , and upon roll call the vote was: Ayes: Nay es: Absent and Not Voting: ^ ." .'i^ED AS 10 FGftM: A. County Attorney 48 21st June Long Gerard Justice, Long, Flowers, Gerard, Peters, and Seel. None. Eggers. Tuesday, June 21, 2022 2:00 P.M. 315 Court Street Clearwater, FL 33756 Hybrid In-Person and Virtual Regular Meeting Agenda Pinellas County Board of County Commissioners www.pinellascounty.org Public Hearings at 6:00 P.M. Charlie Justice, Chairman Janet C. Long, Vice-Chair Dave Eggers Rene Flowers Pat Gerard Kathleen Peters Karen Williams Seel Barry A. Burton, County Administrator Jewel White, County Attorney Ken Burke, Clerk of the Circuit Court and Comptroller June 21, 2022Board of County Commissioners Hybrid In-Person and Virtual Regular Meeting Agenda 6:00PM PRESENTATIONS 36.Youth Advisory Committee Presentation22-0855A PUBLIC HEARINGS BOARD OF COUNTY COMMISSIONERS 37.Resolution revising the Solid Waste Tipping Fee for Fiscal Years 2023, 2024, and 2025. 22-0796A Recommendation:Approval of the Solid Waste Rate Resolution for Fiscal Year (FY) 2023 through FY25, adopting revised fees for disposal of approved solid waste at the Solid Waste Disposal Facilities. * Recommendation stems from the Long-Range Solid Waste Rate Study, conducted by a third-party professional firm and presented to the Board of County Commissioners on April 21, 2022. * The Department of Solid Waste (DSW) recommends adopting a three-year rate increase to allow planned budgeting and operations. * Tipping fees are currently $44.70 per ton and recommended to increase by 6.8% each year for the next three years (equates to an incremental $3.05 per ton in FY23, $3.25 per ton in FY24, and $3.50 per ton in FY25). * Increasing tipping fees will contribute to long-term fiscal sustainability of DSW operations as detailed in the Solid Waste Master Plan. * Tipping fees are currently lower than all adjacent counties and municipalities that operate a waste-to-energy facility. 38.Ordinance amending Chapter 42 of the Pinellas County Code adopting a Tenants Bill of Rights requiring the provision of information renters’ rights under federal, state, and local law, prohibiting discrimination based on source of income, and requiring notice of late fees. 22-0992A Recommendation:Approval of the ordinance amending Chapter 42 to include a Tenants Bill of Rights which accomplishes the following: * Requires landlords to provide tenants with a Notice of Rights under Florida Law and County Code to tenants upon entering a new rental term. * Prohibits discrimination based on source of income when renting a residential unit. * Requires written notice of late fees. There are two ordinances attached to this item for consideration by the Board of County Commissioners. The difference between the two ordinances is found Sec. 42-432 Areas Embraced as described below: * Unincorporated Areas Only - this version of the ordinance only applies to the unincorporated areas of Pinellas County. * Countywide - This version of the ordinance applies countywide, except where a city ordinance is in conflict (the city ordinance prevails) or where a city elects to opt out of the provisions of the ordinance. Page 15 Pinellas County Printed on 6/10/2022 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#24-1007 Agenda Date: 9/4/2024 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Economic Development & Housing Agenda Number: 6.2 SUBJECT/RECOMMENDATION: Approve funding in the form of a deferred loan in an amount not to exceed $1,000,000 to be provided by the City of Clearwater to Sunrise Affordable Housing Group for the land acquisition and a portion of the rehabilitation of real property located at 801 Chestnut St., contingent upon the satisfactory outcome of a staff evaluation plan and approval of a tenant relocation plan, and authorize the appropriate officials to execute documents required to affect closing of the loan. (consent) SUMMARY: Indigo Apartments is comprised of 208 units and was originally developed for low-income senior housing. In 2015, the property was purchased and converted to market rate, excluding 20 units that are legally restricted by funding that was previously provided to the property by the City of Clearwater. Sunrise Affordable Housing Group (Sunrise) is currently under contract to acquire Indigo Apartments and is planning to convert it to legally restricted affordable housing under a 50-year affordability commitment through the Low-Income Housing Tax Credit (LIHTC) program, implementing income and rent restrictions on 100% of units with thresholds set at 30%, 60% and 80% of area median income. The restrictions will result in significant rent reductions, resulting in an average +/- 51% discount when compared to today’s market-rate rents. The property will be placed in the Pinellas County Land Trust, which will provide a 99-year lease to Sunrise Affordable Housing Group, placing 208 housing under the county’s land use restrictions. As a result of the conversion to affordable housing, an estimation of 59 current residents will be considered over-qualified / over-income (above 80% AMI threshold). The estimated number of affected residents was derived from a demographic report provided by the current owner. Sunrise retained CompassPoint Community Partners, LLC, a relocation specialist, who has developed a relocation plan for the aforementioned tenants, ensuring compliance with the Federal Uniform Relocation Act, which protects the existing tenants from additional costs beyond their current rent and utility expenses. The plan includes advisory services, commitment of funds by the developer to providing financial assistance to tenants who do not meet the new income requirement, a strategy for relocating tenants and an appeal and grievance process. Sunrise has included a budget of $150,000 to be reserved for relocation efforts. Should the cost of relocation exceed the budget for relocation, the developer has agreed to debit any excess cost from the developer fee. A third-party consultant will be retained by the CRA to review and evaluate the relocation plan. The developer has also included a $9.5 million capital improvement plan that will include renovation of mechanicals including boiler, chiller, cooling tower, roofing, and life and safety upgrades that include elevators. Temporary relocation due to rehab will not be required, as majority of the rehabilitation will not affect the interior of the units. To support the project, the developer is requesting a deferred, 0% interest loan in the amount of $1,000,000 from the City of Clearwater in addition to a $2,000,000 loan from the CRA. The purchase of the property by the Pinellas County Land Trust will inject an additional $5,000,000 in funding and the County Page 1 City of Clearwater Printed on 9/3/2024 File Number: ID#24-1007 will also contribute $2,000,000 for renovations. Sunrise’s representation has confirmed that they do not qualify for and will not apply for any tax exemptions. The final approval of the loan will be contingent upon the outcome of a subsidy analysis, the receipt of a structural evaluation of the subject property that justifies the rehabilitation component of the project, the approval of all funding sources and a satisfactory tenant relocation plan as determined by city and CRA staff. APPROPRIATION CODE AND AMOUNT: Funding is to be provided by State Housing Initiatives Partnership (SHIP) Program, Community Development Block Grant (CDBG), and CDBG Revolving Loan Funds. No General Fund monies will be appropriated. USE OF RESERVE FUNDS: N/A STRATEGIC PRIORITY: Objective 2.4 - Supports equitable housing programs that promote household stability and reduces the incidence of homelessness within Clearwater. Page 2 City of Clearwater Printed on 9/3/2024 814800509815 900406 812818504 801808806901708904810502 902509751 802 1/2507 1/2 708804902 1/2806810 1/2808 1/2SPROSPECTAVESMYRTLEAVECHESTNUT ST TURNER ST COURT ST Document Path: C:\Users\Nicholas.Finch\OneDrive - City of Clearwater\GIS - Engineering Geographic Technology\Engineering\Location Maps\801 Chestnut Street\Indigo Apartments\Indigo Apartments.aprx Prepared by:Department of Public Works - EngineeringGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com Page: 1 of 1Aerial Flown 2022 Indigo Apartments 801 Chestnut St Parcel Number: 15-29-15-54450-17-0010 N.T.S.Scale:NFMap Gen By:DMReviewed By:8/15/2024Date: AERIAL MAP Parcel Size: +/- 2.31 ac. INDIGO APARTMENTS City of Clearwater Staff Evaluation: Executive Summary PROFILE SUBJECT PROPERTY Task: Analyze the proposed project for Indigo Apartments, located at 801 Chestnut St, and provide a project summary Brief Summary: Sunrise Affordable Housing Group has submitted a request for funding in the amount of $1,000,000 from the City of Clearwater and $2,000,000 from the Community Redevelopment Agency, in the form of a deferred 0% interest loan for the acquisition and rehab of Indigo Apartments. Sunrise plans to revert the property back to low-income housing. Indigo Apartments 801 Chestnut St. Interior Area: 137,768 SF Land Area: 2.31 Ac 208 Units PROJECT HIGHLIGHTS STAFF ASSESSMENT Source: Pinellas County Funding Recommendation Staff has reviewed the proforma, sources and uses and proposed funding stack and have determined that the funding gap and fund request are reasonable. Staff has determined that the project has an acceptable debt service coverage ratio of 1.15. Staff recommends the following contingencies: Final approval of funding is contingent upon the satisfactory result of the subsidy analysis to be performed by HUD. Final approval of funding is contingent upon the approval of all other proposed funding sources. Final approval of funding is contingent upon positive findings from a relocation plan analysis. Ad Valorem Taxes: The development will not be eligible for the property tax exemption however the estimated ad valorem tax will decrease by 28%, per the property tax analysis that was provided by the developer due to the reduction in rental income. PROJECT BENEFITS Tenant Relocation Plan As a result of the conversion, an estimation of 59 of the current residents will be considered over-qualified / over-income (above 80% AMI threshold). Sunrise has developed a relocation plan for these tenants, ensuring compliance with the Federal Uniform Relocation Act, which protects the existing tenants from additional costs beyond their current rent and utility expenses. The plan includes advisory services, commitment funds by the developer to providing financial assistance to tenants who do not meet the new income requirement, a strategy for relocating tenants and an appeal and grievance process. Unit set-aside for most vulnerable residents Project to be placed in the County land trust Large boost for Clearwater AH supply. Strategic Plan Obj. 2.4- Support equitable housing programs that promote household stability and reduce incidents of homelessness within Clearwater. Table of Contents Cover page ............................................................................................................................................................. 1 Table Of Contents ................................................................................................................................................ 2 Request for Funding ............................................................................................................................................... 3 Clearwater Housing Authority LOI .............................................................................................................. 14 Relocation Plan ...................................................................................................................................................... 16 The Indigo Apartments Request for Clearwater CRA Funding June 27, 2024 The Indigo Apartments – Request for Clearwater CRA Funding 6/27/2024 APPLICANT OVERVIEW Name Sunrise Affordable Housing Group (“Sunrise”) Address 233 Miraflores Palm Beach, FL 33480 Authorized Contact Sam Caspert Title Principal Email sam@sunriseaffordable.com Phone (201) 673-0094 PROJECT OVERVIEW Property Name The Indigo Apartments Address 801 Chestnut St, Clearwater, FL 33756 Total Project Cost $47,888,431 City CRA Funding Request $2,000,000 Total # of Units 208 Proposed # of Affordable Units 208 Parking 149 Surface Spaces Construction 17-Story High-Rise PROJECT HIGHLIGHTS  208 affordable housing units under county’s control forever, due to county land trust  Decrease Indigo rents by an average 35% vs. today, and as much as 76% for extremely low-income tenants  50+ units covered under a Project-Based Voucher for the most vulnerable residents of Clearwater  Commitment to keep 208 units in Clearwater rent-restricted for 50+ years  Commitment to keep 208 units in Clearwater reserved for low-income residents for 50+ years; 100% of tenants will be required to earn less than 80% AMI  Major rehabilitation to extend the useful life of a 50-year-old asset, with a focus on build systems, MEPs and energy-efficient improvements  Demonstrated government support, at the city, county, state and federal level The Indigo Apartments – Request for Clearwater CRA Funding 6/27/2024 PROJECT DETAILS The Indigo Apartments (fka Prospect Tower) has historically operated as a 55+ low-income community totaling 208 units with 96 studios and 112 1-bedrooms. In 2020, existing ownership terminated the age restrictions, invested money in cosmetic upgrades and transformed the Property into market-rate housing. Current ownership increased rents by nearly 50% and displaced 100% of the existing senior tenant base. Sunrise is currently under contract to acquire The Indigo Apartments and has site control for the next year through a Purchase & Sale Agreement. Affordable Housing Transformation: Sunrise plans to acquire the Property and convert it back to affordable housing with a 50-year affordability commitment through the LIHTC program, implementing income and rent restrictions on 100% of units with thresholds set at 30% AMI, 60% AMI and 80% AMI. The restrictions will result in significant rent reductions, resulting in an average ~51% discount to today’s market-rate rents. The property will also be placed in a 99-year land trust with Pinellas County, putting 208 affordable housing units under the county’s control forever. Rehabilitation: Sunrise has planned a $9.5 million capital improvement plan designed to preserve and extend the useful life of the 1971-vintage asset. Construction will be completed within 12 months of closing. The renovation will encompass a variety of holistic improvements, including renovation of all classic apartment units, site infrastructure / MEP upgrades, green energy-saving initiatives, and life & safety upgrades. Resident Services: Sunrise will also be providing countless programs for its residents to significantly improve the tenant experience. Programs include financial counseling, holiday activities, computer training, healthcare visits, homebuying seminars, among others. There will be an on-site service coordinator paid for by Sunrise. Commitment from Other Government Departments: Sunrise is requesting Clearwater CRA funds to use, in conjunction with a HUD loan, tax credit equity and soft funding from Pinellas County and city of Clearwater’s Economic Development & Housing department, to finance the acquisition, capital improvement plan and affordable housing transformation. With your support, we can provide quality affordable housing to Clearwater forever. PROJECT’S COMMUNITY IMPACT The need for affordable housing in Clearwater is more apparent than ever. Rents have been growing at unprecedent levels since 2020 and tenant demand for affordable housing is at all-time highs. On top of that, Clearwater is experiencing a massive shortage of affordable housing supply and has not seen much new stock over the past few years. As of today, there are only a handful of LIHTC properties in Clearwater, and there has only been 1 new delivery in the last 5 years. These properties have an average occupancy of 96% and many are fully occupied with long waitlists. An additional 208 affordable housing units, including 100 covered by a PBV, would be tremendous for the community & fill up immediately. Source: CoStar. LIHTC PROPOERTIES - 3-MILE RADIUS # Property Name Address Type Year Built # of Units Occupancy 1 Madison Point 380 S Martin Luther King Jr Ave LIHTC 2019 80 99% 2 Lexington Club 1200 S Missouri Ave LIHTC 2000 240 97% 3 Foundation Village 910 Woodlawn St LIHTC 1984 28 95% 4 Clearwater Apartments 1000 N Keene Rd LIHTC 1983 90 99% 5 Pine Berry 1225 S Highland Ave LIHTC 1962 85 99% 6 Palmetto Park 1003 West Ave LIHTC 1949 179 90% Total / Weighted Average 702 96% The Indigo Apartments – Request for Clearwater CRA Funding 6/27/2024 TENANT / MARKET INFORMATION  Sunrise is decreasing rents at The Indigo by an average of 35%, a discount of $466 per unit Rents will then be restricted for the next 50 years. o 50 units will have their rents decrease by ~75% o 82 units will have their rents decrease by ~35% o 75 units will have their rents decrease by ~10%  Sunrise is decreasing rents at The Indigo to an average 51% discount vs. today’s market rents That is only going to increase with time.  Sunrise has applied for a 100-unit Project-Based Voucher with the City of Clearwater, which will allow us to rent to the community’s most vulnerable households.  100% of tenants will be required to earn less than 80% AMI. Sunrise has reserved units for tenants earning 30% AMI, 60% AMI and 80% AMI. Describe policies for how the tenants will be selected. All tenants will be required to earn less than 80% AMI; the AMI restrictions are shown in the table on the prior page. Additionally, Sunrise applied for a 100-unit project-based voucher with Clearwater Housing Authority, which will allow us to provide housing for deeply subsidized and “at-need” tenants. Historically, the property has served the senior (55+) population and currently over 30% of units are above the 55- age threshold. Sunrise anticipates continued rental demand from seniors / individuals. Sunrise has hired WRH Realty, a professional and affordable housing specialized 3rd-party party property manager with experience in Pinellas County. The management agent will establish an Affirmative Fair Housing Marketing Plan that will be clearly posted for all tenants and potential applicants. This plan will be reviewed on a quarterly basis to ensure compliance/adherence for application intake, waitlist, income verifications and other various fair housing topics. Fair Housing Act training for on-site staff will be conducted annually. Given the large discount to market-rate comparables, we expect exceptional tenant demand to live at The Indigo. PRO FORMA RENTS (A) (B)(C) Pro Forma Discount vs. Unit AMI Total Current Clearwater Pro Forma Current Clearwater Type Restriction Units Indigo Rent Market Rent Indigo Rent Indigo Rent Market Rent Studio 30% AMI 23 $1,250 $1,700 $351 (72%) (79%) Studio 60% AMI 38 $1,250 $1,700 $853 (32%) (50%) Studio 80% AMI 35 $1,250 $1,700 $1,188 (5%) (30%) 1-Bedroom 30% AMI 27 $1,400 $1,800 $337 (76%) (81%) 1-Bedroom 60% AMI 44 $1,400 $1,800 $874 (38%) (51%) 1-Bedroom 80% AMI 40 $1,400 $1,800 $1,233 (12%) (32%) Total / Avg. 60% 207 $1,330 $1,754 $865 (35%) (51%) ($466) ($889) The Indigo Apartments – Request for Clearwater CRA Funding 6/27/2024 DEVELOPMENT TEAM Sunrise has assembled a best-in-class development team to help execute the business plan. All of the below companies have extensive affordable housing and LIHTC rehab experience throughout Florida. Additionally, all of these companies have previously executed a tax credit rehab in Clearwater. Resumes for each are in the email. - Architect: Gallo Herbert Architects - General Contractor: ETC Construction - Construction Management: SCT Consulting - Property Management: WRH Realty Services - Resident Programs: WRH Realty Services PROJECT SCHEDULE & PROCESS Sunrise is seeking financing indications from the City. Site Control Obtained (via PSA) 5/28/2024 Other Sources of Soft Funding Obtained Throughout July Bond / Tax Credit Application Submitted 7/16/2024 Bond / Tax Credit Allocation Obtained 8/7/2024 End of Sunrise PSA Due Diligence Period *Large deposit becomes non-refundable 8/12/2024 Property Acquisition Completed 3/31/2025 Property Capital Improvements Plan 3/31/2025 – 12/31/2025 Property Lease-Up 3/31/2025 – 12/31/2025 Stabilization 1/1/2026  The Indigo Apartments – Request for Clearwater CRA Funding 6/27/2024 PROJECT SOURCES & USES PROJECT COSTS Total Per Unit Purchase Price $25,500,000 $122,596 Construction Costs $8,528,000 $41,000 GC Fees $1,164,800 $5,600 Contingency $948,480 $4,560 P&P Bond $104,333 $502 Total Hard Costs $10,745,613 $51,662 3rd-Party Inspection Reports $101,600 $488 Architect $260,000 $1,250 Permits $200,000 $962 Title / Recording $125,000 $601 Legal $350,000 $1,683 Corporate $35,000 $168 Builder's Risk Insurance $83,466 $401 Resident Relocation $150,000 $721 Contingency $65,253 $314 Total Soft Costs $1,370,320 $6,588 Tax Credit Costs $234,700 $1,128 Bond Costs $352,710 $1,696 Equity Bridge Loan Costs $512,066 $2,462 Permanent Financing Costs $1,592,203 $7,655 Total Financing Costs $2,691,679 $12,941 Operating Reserves $1,492,378 $7,175 Developer Fee $6,088,441 $29,271 Total Project Costs $47,888,431 $230,233 PROJECT FUNDING Total Per Unit HUD 221(d)(4) Loan $16,800,000 $80,769 Tax Credit Equity $16,065,311 $77,237 Property Operating Cashflow $1,186,563 $5,705 Deferred Developer Fee $3,836,557 $18,445 Total Soft Funding $10,000,000 $48,077 Total Sources $47,888,431 $230,233 Soft Funding Sources: Pinellas County Land Trust $5,000,000 $24,038 Pinellas County $2,000,000 $9,615 Clearwater Econ. Devt. & Hous. Department $1,000,000 $4,808 Clearwater CRA Department $2,000,000 $9,615 The Indigo Apartments – Request for Clearwater CRA Funding 6/27/2024 Construction Scope Current ownership has made substantial cosmetic upgrades to the Property, but has neglected the infrastructure of this 50-year-old asset. As such, Sunrise will focus on long-term preservation upgrades, including the below: - MEP: New mechanicals including boiler, chiller, cooling tower, storage tank, pumps, roof fans - Building Envelope: New roof, full window replacement, new entry doors - Common Area: Elevator modernization, common area AHUs, fire alarm upgrades - HOME Units (20): Full interior rehab including new LVT flooring, upgraded kitchens/bathrooms - ADA/HVI Units (16): Adaptation of 11 ADA-compliant units and 5 HVI-compliant units - Energy-Efficient Improvements: New lo-flow appliances, updated LED lighting, AC fan coil units - Amenities: New computer room, business center, car wash, community garden PRO FORMA INCOME PRO FORMA INCOME Total Per Unit Gross Potential Revenue $3,256,830 $15,658 Economic Vacancy ($162,841) ($783) Total Rental Income $3,093,988 $14,875 Other Income $69,219 $333 Total Revenue $3,163,207 $15,208 Payroll $343,900 $1,653 Administrative $146,936 $706 Utilities $141,649 $681 Contract Services $103,614 $498 Repairs & Maintenance $65,000 $312 Management Fee $126,528 $608 Insurance $506,688 $2,436 Real Estate Taxes $301,478 $1,449 Replacement Reserves $62,400 $300 Total Expenses $1,798,193 $8,645 Net Operating Income $1,365,015 $6,563 Less: Debt Service $1,186,563 $5,705 Net Cash Flow $178,452 $858 The Indigo Apartments – Request for Clearwater CRA Funding 6/27/2024 PROPERTY PICTURES / AMENITIES The Indigo Apartments – Transaction Rationale 1. This Transaction will Result in a Significant Boost to Clearwater’s Affordable Housing Supply The Indigo Apartments conversion will establish the third largest LIHTC community in Clearwater, ensure the City and County have site control indefinitely and increase the stock of Affordable Housing units in the City by 18%. As seen in the chart below, there are only 9 LITHC properties in Clearwater totaling 1,127 units. This transaction is an opportunity to make the largest increase to the Clearwater Affordable Housing stock over the last two decades and nearly match the amount of units produced during that timeframe. This transaction is not Affordable Housing preservation, it is Affordable Housing creation. 2. Produce New Affordable Housing Units at 42% Discount to New Development Costs Last month, Clearwater announced its first new LIHTC development project in a few years, Clearwater Gardens. It is reported this deal has a cost basis of $395k per unit. The cost basis for The Indigo Apartments is approximately $229k per unit which represents a 42% discount to Clearwater Gardens. 3. Solving Affordable Housing Crisis Through Only New Development is Not Feasible As demonstrated by Clearwater Gardens, it is incredibly difficult to identify feasible ground-up affordable housing deals due to increased construction costs, soaring insurance premiums, higher interest rates, and appreciating land values. Once a project does look financially feasible, it is still subject to winning a 9% LIHTC FHFC award, which is incredibly competitive and an unpredictable lottery process. Notably, it was reported that the Clearwater Gardens project had been in pre-development planning since 2020 due to multiple years of a failed 9% LIHTC FHFC awards. The city will not be able to address the growing affordable housing crisis if new ground-up development is the only means to creating Affordable Housing. It will take years for new projects to match the number of Affordable Housing units being created in this transaction. LIHTC Properties in Clearwater Property Name Property Address Year Built # Units Madison Point 380 S Martin Luther King Jr Ave 2019 80 Woodlawn Trail 803 Woodlawn Loop 2019 80 Garden Trail 700 Eldridge St 2017 76 Lexington Club 1200 S Missouri Ave 2000 240 Wellington Apartments 2900 Drew St 1998 269 Foundation Village 910 Woodlawn St 1984 28 Clearwater Apartments 1000 N Keene Rd 1983 90 Pine Berry 1225 S Highland Ave 1962 85 Palmetto Park 1003 West Ave 1949 179 Total 1,127 Source: CoStar. Rent-Restricted properties. 4. 100% of Indigo Units Will Be Rent & Income Restricted into Perpetuity As part of this transaction, The Indigo Apartments will restrict rent & incomes for all units to ensure 100% of the residents earn less than 80% AMI. As illustrated in the unit mix below, Sunrise will set-aside units within a range of income bands from 30% AMI to 80% AMI. On average, we are decreasing property rents by ~32%. Additionally, by placing the property in the Pinellas County Land Trust, the county & city will have control of this property in perpetuity. There is no opportunity for any owner in the future to convert The Indigo Apartments back to market-rate housing. 5. Set-Aside for Community’s Most Vulnerable Residents via Project-Based Voucher Subsidy As part of Sunrise’s commitment to affordability, 52 units will be set-aside for residents who earn 30% AMI or less. Sunrise is not aware of any other LIHTC properties in Clearwater targeting this underserved population at this scale. In coordination with Clearwater Housing Authority, Sunrise will provide subsidy on all 52-units through a project-based voucher. This will ensure access to clean, safe and secure housing for the city’s most vulnerable and at-need residents. The City of Clearwater PBV award letter attached. 6. Hired a Third-Party Consultant That Devised a URA-Compliant Relocation Plan for Over- Qualified Residents Sunrise has hired a 3rd-party Tenant Relocation expert to devise a relocation plan that is URA-compliant and abides by all relevant regulations, including HUD. The relocation plan is attached and briefly summarized below: - No resident will be evicted - Substantial notice of non-renewal - Sunrise to pay for reasonable moving costs - Sunrise to pay for 1-on-1 meetings between residents and relocation specialist to find new living - Sunrise to pay for any increased rent as a result of this transaction for 42 months The average income for the over-qualified residents is ~$85,000 per year which is around 120% AMI, and many of those residents have reported over six-figure salaries. 7. Gentrification by New Owners May Displace a Majority of Existing Residents Sunrise was introduced to this project by JLL, which was marketing The Indigo as an opportunity to increase rents by $300 per unit per month. If Sunrise were not to acquire The Indigo, the Property is likely to be bought by a new market-rate owner, who will continue the gentrification process by pushing rents higher to meet market levels. If this were to come to fruition, much of the existing residents are likely to be displaced with no URA- compliant tenant relocation plan or government oversight. 8. $3 Million Loan from Clearwater will Result in $25 Million in County and Federal Funding The City of Clearwater will be able to attract $25 million in County and federal funding through a $3 million dollar loan to this development. For every dollar committed, Clearwater will receive an 8.3x funding multiple from the County and Federal government. This includes $7 million from Pinellas County through the Penny for Pinellas Program and $18 million from the federal government in tax credits. 1 Resident Engagement & Relocation Assistance Plan The Indigo Apartments 801 Chestnut St, Clearwater, FL 33756 Prepared for Sunrise Affordable By CompassPoint Community Partners, LLC 2 Background: The Indigo Apartments is a 17-story high rise located in Downtown Clearwater, Florida. The property was originally built in 1971 and comprises 208 studio and 1- bedroom units, totaling 92,894 square feet. Sunrise Affordable Housing Group (“Sunrise Affordable” or “Sunrise”) will be acquiring the property and simultaneously placing it into the LIHTC program with set-asides at 30% AMI, 60% AMI and 80% AMI. As a result of the conversion, 59 of the current residents will be considered over-qualified / over-income (above 80% AMI threshold). The property will undergo substantial rehabilitation but mostly of the exterior and building envelope. There will be no reconstruction of the units that would require tenants to be temporarily relocated. The property currently has 20 HOME units that are covered under an existing HOME agreement for 20 years. Additionally, the project will receive the following federal financial assistance: o HUD 221(d)(4) loan; estimated at ~$20M o Project Based Vouchers from Clearwater Housing Authority The acquisition of real property for this project is subject to the Uniform Relocation Act (“URA”) and the requirements described in 49 CFR Part 24, subpart B. Therefore, all impacted tenants including those who are over-income are protected by the URA. These impacted tenants will be fully informed in writing of their URA rights and protections, provided the necessary advisory services and offered permanent relocation assistance. General Approach: In formulating this Plan, Sunrise incorporated key features of the Federal Uniform Relocation Act (URA) and U.S. Department of HUD Relocation Handbook 1378. In a situation where tenants will be displaced from their homes, for example, the HUD relocation handbook recommends: A) The owner or agency issues a General Notice with proof of receipt. B) Each displaced unit will receive notice explaining eligibility for relocation services and assistance. C) Each household receives a notice identifying the date of move at least 90 days in advance. D) There is an appeal and grievance process. E) The owner or agency offers advisory services as outlined above. 3 The Federal Uniform Relocation Act also extends straight-forward guidance for the work envisioned by the owner: 1) In the event of displacement, any apartment identified must be decent, safe, and sanitary. 2) The resident should not incur any additional expenses beyond the current rent and utility costs. 3) Financial assistance will be provided for the tenants. 4) The owner or agency shall give advance written notice. Sunrise has put in place a detailed and carefully thought-out plan for the relocation of over-income tenants, which is laid out in the 7 steps below: 1) Distribution of General Information, Non-Displacement, and Eligibility Notices: Sunrise and their consultant, CompassPoint Community Partners, will determine who must be displaced and who will be allowed to remain at the property. After making these determinations, they will issue the appropriate relocation notices: either a Notice of Eligibility (for relocation assistance) (Exhibit A) or a Notice of Non- Displacement (Exhibit B), which will be provided to each affected head of household by hand-delivery. This important correspondence to the residents will contain the following information in English, Spanish, and other languages as needed: • Explain that a project has been proposed and caution the person not to move. • Provide directions for contacting the on-site coordinator to set up a coordination meeting. • Confirm that this action by the team will require residents to permanently move due to the planned conversion. • Inform the person that they will not be required to move without at least 90 days’ advance written notice of (1) at least one "comparable replacement home" that is available and (2) the expiration of their current lease. • Describe the household’s right to file a grievance or complaint. 4 2) Initial Interview: A crucial part of the resident engagement process and plan will be the initial interview with the head of household after the distribution of the Notice of Eligibility. The heads of household will be contacted at an early date and personally interviewed by a representative of the Agency to determine the household’s relocation needs and preferences for replacement housing and advisory services. The interviewer will ask certain questions about the makeup of the household, including questions about income. Each affected household will be given a HUD brochure titled “RELOCATION ASSISTANCE TO TENANTS DISPLACED FROM THEIR HOMES”. 3) Preparing Each Household for Moving Sunrise and/or their property management partner will explain the procedures and steps that residents will have to follow to pack and move their belongings. Under no circumstances will any resident be forced to relocate prior to the expiration of their lease. Tenants will be given enough time to make plans for moving. Unless there is a health or safety emergency, residents will not be required to move without at least 90 days advance written notice of (1) at least one "comparable replacement home" that is available and (2) the expiration of their current lease. 4) Financial Assistance: Each household will receive financial assistance that will cover the following: 1) Reimbursement of reasonable out-of-pocket expenses (e.g. – cost of moving) 2) Any increase in monthly rent / utility costs at the replacement units Financial assistance will be received at the time of their move, and according to the apartment type occupied by the resident at the time of the GIN. The head of household will sign a receipt for the financial assistance which sets forth the anticipated financial assistance to each household. Each household will be able to choose from the following options: Payment for Moving Expenses: You may choose either: a) Payment for Your Actual Reasonable Moving and Related Expenses, or 5 b) Fixed Moving Expense and Dislocation Allowance, per the URA Fixed Residential Moving Cost Schedule which is based on the number of rooms in the unit or number of rooms of furniture you will be moving a. For example, studios will receive $1,150 and $1,350 for 1-bedrooms. Replacement Housing Assistance: This will cover any increase in monthly rent / utility costs. Displaced residents may choose either of the below, to enable them to rent, or if preferred, buy a comparable or suitable replacement home, you: a) Rental Assistance, or b) Purchase Assistance The rental assistance is based on the difference between the comparable replacement unit and the lessor of (1) the current rent and average utility payments or (2) 30% of the residents’ income. Times 42 months. We will cover the difference in rent for 3.5 years. 5) Advisory Services: On behalf of the team, Sunrise’s consultant, CompassPoint Community Partners, LLC will coordinate all aspects of this plan with the site staff. Advisory services will include the following scope of work: 1) Determine the needs and desires for assistance through an initial survey. 2) Explain the procedures, costs, and coordination involved in the process. 3) Assist with translation, as necessary. 4) Coordinate scheduling of moves and/or access with each household and management. 5) Process approved assistance established in this Plan. 6) Explain the procedures for packing and securing each resident’s personal belongings and assist any displaced household with moving arrangements. 7) Keep files for each household related to the process. 8) Maintain a line of communication with all related entities and individuals, city officials, and residents. 6) Appeal & Grievance Process: Under the URA and HUD Handbook, a household can dispute the adequacy of their assistance, and appeal their relocation benefits eligibility status after receipt of a written relocation notification. In the case of the Plan, there will be no final determination of relocation benefits or disallowed expenses. The appeal and grievance process, therefore, should be a method for each household to file complaints with the owner. A general email will be established and shared that allows 6 residents to submit their complaints directly to CompassPoint and Sunrise. 7) Records: Sunrise Affordable and CompassPoint will establish a separate file for each household. A record of all correspondence with each resident will be kept in the household file, along with any receipts and other additional materials needed for monitoring and administrative purposes. Sunrise Affordable and CompassPoint will maintain a record for each household with a general comment sheet to record information, concerns, and miscellaneous/other items. Likewise, the team will make available all the resident-related documentation maintained for the Plan when requested by the Agency. 7 Exhibit A – DRAFT NOTICE OF ELIGIBILITY FOR URA RELOCATION ASSISTANCE Date: _____/_____/_____ BY HAND DELIVERY NAME: UNIT #: Dear: ____________________________________________: On ___(date) _, Sunrise Affordable notified you of proposed plans to acquire the property you currently occupy at (address)_______ for a project which could receive funding assistance from the U.S. Department of Housing and Urban Development (HUD) under the _______________________ program. It has been determined that you will be displaced by the project. Since you are being displaced in connection with this federally funded project, you will be eligible for relocation assistance and payments under the Uniform Relocation Assistance and Real Property Acquisition Policies Act (URA). This is your Notice of Eligibility for relocation assistance. The effective date of your eligibility is _______________. (NOTE: Pursuant to Public Law 105-117, aliens not lawfully present in the United States are not eligible for relocation assistance, unless such ineligibility would result in exceptional hardship to a qualifying spouse, parent, or child. All persons seeking relocation assistance will be required to certify that they are a United States citizen or national, or an alien lawfully present in the United States.) To carry out the project, it will be necessary for you to move. However, you do not need to move now. You will be provided written notice of the date by which you will be required to move. This date will be no less than 90 days from the date comparable replacement housing has been made available to you. Enclosed is a brochure entitled, "Relocation Assistance to Tenants Displaced From Their Homes." Please read the brochure carefully. It explains your rights and provides additional information on eligibility for relocation payments and what you must do in order to receive these payments. The relocation assistance to which you are entitled includes: • Relocation Advisory Services. Including counseling and other assistance to help you find another home and prepare to move. • Payment for Moving Expenses. You may choose: (1) a payment for your actual reasonable moving and related expenses, or (2) a fixed moving payment in the amount of $________ based on the URA Fixed Residential Moving Cost Schedule. • Replacement Housing Payment. You may be eligible for a replacement housing payment to rent or buy a replacement home. The payment is based on several factors including: (1) the monthly rent and cost of utility services for a comparable 8 replacement dwelling, (2) the monthly rent and cost of utility services for your present home, and (3) for low-income persons, 30 percent of your average monthly gross household income. This payment is calculated on the difference in the old and new housing costs for a one-month period and multiplied by 42. Listed below are three comparable replacement dwellings that you may wish to consider for your replacement home. If needed, we can arrange transportation for you to inspect these and other replacement dwellings. Address Rent & Utility Costs Contact Info 1. ________________________________________________________________ 2. ________________________________________________________________ 3. ________________________________________________________________ We believe that # () is the most representative of your present home. The monthly rent and the estimated average monthly cost of utilities for this dwelling is $ and it will be used to calculate your maximum replacement housing payment. Please contact us immediately if you believe this dwelling is not comparable to your current home. We can explain our basis for selecting this dwelling as most representative of your current home and discuss your concerns. Based on the information you have provided about your income and the rent and utilities you now pay, you may be eligible for a maximum replacement housing payment of approximately $ (42 x $____), if you rent the dwelling identified above as the most comparable to your current home or rent another dwelling of equal cost. Replacement housing payments are not adjusted to reflect future rent increases or changes in income. This is the maximum amount that you would be eligible to receive. If you rent a decent, safe and sanitary home where the monthly rent and average estimated utility costs are less than the comparable dwelling, your replacement housing payment will be based on the actual cost of the dwelling. We will not base your payment on any dwelling that is not a comparable replacement home. All replacement housing payments must be paid in installments. Your payment will be paid in #_ installments. Should you choose to purchase (rather than rent) a decent, safe and sanitary replacement home, you would be eligible for a downpayment assistance payment which is equal to your maximum replacement housing payment, $_________*. Let us know if you are interested in purchasing a replacement home and we will help you locate such housing. Please note that all replacement housing must be inspected in order to ensure it is decent, safe and sanitary before any replacement housing payments are made. If you have any questions about this letter and your eligibility for relocation assistance and payments, please contact (name) , (title) at (phone) , (address) before you make any moving plans. He/she will assist you with your move to a new home and help ensure that you preserve your eligibility for all relocation payments to which you may be entitled. Remember, do not move or commit to the purchase or lease of a replacement home before we have a chance to further discuss your eligibility for relocation assistance. Sincerely, ___(name & title)_____ 9 Exhibit B – DRAFT General Information Notice Notice of Non-Displacement Date: _____/_____/_____ BY HAND DELIVERY NAME: UNIT #: Dear: ____________________________________________: _____________________________________________________ intends to improve _________________, through ____ (provide work details here) ____ and continue affordable housing at the property. This is a general information notice, and your occupancy is NOT in jeopardy because of this action. We urge you NOT to move from your unit. This planned scope of work will not affect affordability protections provided to the property. Advisory services will be available to help coordinate the work. Throughout the process, if you have a complaint or concern you can file a grievance at any time. Sunrise Affordable/CompassPoint will be responsible for the resolution of any complaints or concerns. The contact information for both is available at the site office. Please keep in mind that you must continue to comply with the terms and conditions of your lease throughout the renovation time period including payment of rent. Thank you, ________________________________ By: _____________________________________ Its, _________________ From:Mytych, Matthew To:Mayeux, Dylan; Margolis, David Subject:Fwd: Property Tax Exemptions - Indigo Apartments Affordable Housing Project Date:Wednesday, August 21, 2024 2:48:42 PM FYI. Brian’s response on property tax question. Get Outlook for iOS From: Brian J. Aungst Jr. <BJA@macfar.com> Sent: Wednesday, August 21, 2024 2:25:38 PM To: Mytych, Matthew <Matthew.Mytych@MyClearwater.com> Subject: RE: Property Tax Exemptions - Indigo Apartments Affordable Housing Project CAUTION: This email originated from outside of the City of Clearwater. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hi Matt, the answer to the first question is: the building portion of taxes will not receive a tax abatement. Sunrise is a for-profit entity and does not qualify for 196.1978. The land portionof taxes will receive a tax abatement as that will be owned by a government entity, Pinellas County Land Trust with Pinellas HFA as its trustee. The answer to the second question is: the project doesn’t qualify for any Live Local taxexemptions and we will not be applying for any. Please let me know if you need any additional information. Thank you, Brian From: Mytych, Matthew <Matthew.Mytych@MyClearwater.com> Sent: Wednesday, August 21, 2024 1:43 PM To: Brian J. Aungst Jr. <BJA@macfar.com> Subject: Re: Property Tax Exemptions - Indigo Apartments Affordable Housing Project Brian I just had a conversation with the City Attorney about this. He would please like your client to confirm in writing that they will not be not apply for the Live Local Act property tax exemption. Is this something you can provide? Get Outlook for iOS From: Mytych, Matthew Sent: Wednesday, August 21, 2024 10:18:31 AM To: Brian J. Aungst Jr. <BJA@macfar.com> Subject: Property Tax Exemptions - Indigo Apartments Affordable Housing Project Hey Brian, I am working with Economic Development and Housing to finalize the agenda item for the Indigo Apartments. It is my understanding that the Indigo Apartments will not be able to receive an affordable housing property tax exemption under Fla. Stat. § 196.1978 because the owner will be a for-profit entity. Can you confirm this is the case? Are there any other property tax exemptions the project will be able to receive due to its nature as an affordable housing project? Best regards, Matthew J. Mytych, B.C.S. Board Certified in City, County, & Local Government Senior Assistant City Attorney City of Clearwater 600 Cleveland Street, Suite 600 Clearwater, FL 33755 Email: matthew.mytych@myclearwater.com Office Phone: (727) 444-7145 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#24-0985 Agenda Date: 9/4/2024 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 6.3 SUBJECT/RECOMMENDATION: Approve a one-year Agreement with Juvenile Welfare Board (JWB) and the City of Clearwater for funding youth programs, approve a first quarter budget amendment of $553,129 in special program G2107, JWB Youth Programming, and authorize the appropriate officials to execute same. (consent) SUMMARY: Since 2000, the City has received annual funding from the JWB Children’s Services Council to provide after school and summer programming for youth in Clearwater. Once again, the City has been awarded funding for youth programming for Fiscal Year 2024/2025 from JWB. The funding provides the “Charting the Course for Youth” program for 213 children at the North Greenwood and Ross Norton recreation facilities throughout the year. “Charting the Course for Youth” is a program designed to incorporate exercise and nutrition-based activities in an after school and summer camp setting, to improve academic success, encourage healthy lifestyle choices, improve social skills, increase athletic abilities, and develop leadership skills of the participants. The program serves school aged children at the Ross Norton and North Greenwood Recreation Complexes. This grant also provides funding for swim instructors for the city’s Water Safety Program which provides free swim lessons during P.E. time at McMullen Booth, Eisenhower, Skycrest, and Belleair Elementary Schools. There is no requirement to continue the program when the grant ends. APPROPRIATION CODE AND AMOUNT: A third quarter budget amendment will provide an increase of $553,129 in other governmental revenue in G2107, JWB Youth Programming. This special program is fully funded by revenues from JWB and accounts for both revenues and expenditures related to this agreement. STRATEGIC PRIORITIES: Approval of the Agreement supports multiple Strategic Plan Objectives, including: ·1.5: Embrace a culture of innovation that drives continuous improvement and successfully serves all our customers. ·2.1: Strengthen public-private initiatives that attract, develop, and retain diversified business sectors. ·2.5: Facilitate partnerships with educational and research institutions to strengthen workforce development opportunities. ·3.1: Support neighborhood identity through services and programs that empower community pride and belonging. ·3.4: Inspire citizen participation through civic engagement and volunteerism to build strong, inclusive, and engaged communities. Page 1 City of Clearwater Printed on 9/3/2024 FY25 City of Clearwater Charting the Course for Youth Page 1 of 28 Docusign Envelope ID: 545739A3-73C8-421D-A9E9-EC0A3D84EF02 I. PURPOSE AGREEMENT Between THE JUVENILE WELFARE BOARD And City of Clearwater Charting the Course for Youth The Juvenile Welfare Board of Pinellas County, hereinafter referred to as "JWB", and City of Clearwater hereinafter referred to as "Provider", enter into this mutual Agreement, including all attachments referred to herein, for the period commencing October 1, 2024 and extending through September 30, 2025. This Agreement does not take effect and JWB has no responsibility for any of its obligations hereunder until this Agreement is executed by all parties to this Agreement. II. STAFF Provider agrees to employ staff, at its own expense, to execute services provided in accordance with this Agreement. Such individuals shall not be considered employees of JWB, and are subject to the supervision, personnel practices and policies of the Provider. Unless otherwise approved by JWB, all Provider staff shall meet qualifications as stated in the approved position profile on file at JWB and any approved revisions which are submitted during the term of this Agreement. III. SERVICES Provider offers after school programs for youth in North Pinellas County. The Ross Norton and North Greenwood Recreation Complexes serve children aged 6 through 18 year-round. The program incorporates enrichment activities that promote school success and healthy lifestyles, improve social skills, increase athletic abilities, and develop leadership skills. All activities include aspects of positive character development such as courage, teamwork, compassion, and responsibility. Provider agrees to deliver services as stated in the currently approved program methodology on file at JWB and to accomplish performance measures stated in Attachment 5, as determined by JWB, according to service areas stated in Attachment 2, and pursuant to the General Conditions stated in Section VIII and Special Conditions listed in Attachment 1. Any proposed changes in service delivery must be approved in writing by JWB in advance of making those changes and program methodologies shall subsequently be updated within thirty (30) calendar days of that approval. Costs associated with any unapproved changes in service delivery may not be reimbursed. IV. FUNDS The program budget for both JWB and other funds (if any) for accomplishing the above stated services must be approved in the JWB data system or other designated format before payment will commence. JWB agrees to reimburse up to $553,129 for services rendered pursuant to this Agreement. FY25 City of Clearwater Charting the Course for Youth Page 2 of 28 Docusign Envelope ID: 545739A3-73C8-421D-A9E9-EC0A3D84EF02 V. METHOD OF PAYMENT 1. JWB issues reimbursements in accordance with the schedule listed on Attachment 3. The Provider shall submit an accurate request for payment once a month. Reimbursements shall be made in timely manner on pace throughout the fiscal year in order to allow for a consistent and orderly delivery of services. Reimbursement requests shall be submitted timely and only for amounts actually incurred that should properly be reimbursed per this Agreement within reasonably needed amounts based on the budget and other funding sources. Request for payment must be accompanied by the appropriate documentation as prescribed by JWB. 2. Requests for advance funds may be made, consistent with JWB policy. VI. TERMINATION 1. It is the intent of JWB to ensure a consistent and orderly delivery of services. It is the further intent of JWB to terminate Agreements in those situations where such action is essential to the protection of its interests and the interests of children and families served by JWB, as determined solely by JWB. 2. In the event funds to finance this Agreement become unavailable, JWB may terminate the Agreement upon no less than twenty-four (24) hours' notice in writing to the Provider. Said notice shall be delivered in person, or by email, regular mail or delivery service. 3. JWB shall endeavor, whenever possible and consistent with its legal obligations and principles of prudent management, to provide sixty (60) calendar days' written notice for termination due to lack of funds. JWB shall be the final authority as to the availability of funds and extension of notice beyond the minimum time herein stated. 4. In addition to the rights as set forth in paragraph VI. 2 above, this Agreement may be terminated by JWB for any reason whatsoever upon twenty-four (24) hours' written notice. Said notice shall be delivered in person, or by email, regular mail or delivery service. 5. Provider shall only be compensated for services performed prior to the termination date. Provider may only terminate this Agreement upon sixty (60) calendar days' written notice to JWB delivered in person, or by email, regular mail or delivery service. 6. The above provisions shall not limit JWB's right to remedies at law or to damages. VII. COMMENCEMENT OF PAYMENT Unless specifically authorized by JWB, payment shall not be made for services rendered prior to the effective date of this Agreement. VIII. GENERAL CONDITIONS 1. Agreement Revisions This Agreement and its attachments constitute the contractual relationship between the Provider and JWB. If there is any discrepancy between program-related documents, this Agreement preempts all other documents. No amendment to this Agreement or its attachments may be made without the prior written approval of JWB and Provider, except as may be provided in General Condition #4. 2. Fiscal Responsibility FY25 City of Clearwater Charting the Course for Youth Page 3 of 28 Docusign Envelope ID: 545739A3-73C8-421D-A9E9-EC0A3D84EF02 a. Non-profit Providers and government entity Providers agree to maintain books, records, and documents in accordance with Generally Accepted Accounting Principles (GAAP) and practices which accurately and appropriately reflect all expenditures of funds listed in the approved budget on file at JWB. b. For-profit Providers agree to maintain books, records, and documents on an acceptable basis of accounting to include the cash basis of accounting known as Other Comprehensive Basis of Accounting (OCBOA). The method of accounting should be consistent with industry practices which accurately and appropriately reflect all expenditures of funds listed in the approved budget on file at JWB. c. Provider agrees that all financial records, including personnel and salary information and supporting documentation shall be subject at all times to inspection, review, or audit by JWB personnel or its duly authorized agent. d. Provider agrees to maintain and file with JWB in a timely fashion reports related to services provided under this Agreement. e. Provider agrees to retain all financial records, supporting documentation, statistical records, and any other documents pertinent to this Agreement for a period of five (5) years after termination of this Agreement. If an audit has been initiated and audit findings have not been resolved at the end of five (5) years, all records shall be retained until resolution of audit findings. f. Payments during Disaster Recovery: JWB agrees to support funded programs that are unable to provide normal services for a period of at least sixty (60) calendar days after a disaster has been declared, provided the program agrees to comply with requests of JWB. This period may be extended at the discretion of the Board upon recommendation of the Chief Executive Officer. Provider must file insurance and may file FEMA claims or apply for other federal funding and shall reimburse JWB for any amounts received from these sources that have previously been funded by JWB. The Provider shall maintain a Continuity of Operations Plan which shall be available for review by JWB personnel upon request. g. Provider agrees that salary adjustments for staff that are submitted to JWB for approval in budgets or budget amendments have been reviewed and approved by the Provider in accordance with its fiscal policies and adjustments can be sustained in future fiscal years. JWB shall not reimburse more than two (2) weeks of accrued leave for terminating employees. JWB shall not reimburse expenses not previously approved by JWB. h. Provider agrees to have a written conflict of interest policy and to obtain appropriate signed statements from its governing board members, officers, and employees on an annual basis. 3. Audit and Management Letter Non-profit Providers and government entity Providers agree to submit to JWB an independent audit of the financial statements of the entity in its entirety and any accompanying management letter(s) immediately upon receipt by the Provider's board, but within a period not to exceed one hundred and eighty (180) calendar days of the close of the Provider's fiscal year. In addition to the audit, Provider shall submit all auditor communications to the Provider board, including required communications and all adjustments, whether corrected or uncorrected. The audit must be performed by a firm licensed to perform audits in the State of Florida and conducted in accordance with generally accepted auditing standards and standards established by the American Institute of Certified Public Accountants. FY25 City of Clearwater Charting the Course for Youth Page 4 of 28 Docusign Envelope ID: 545739A3-73C8-421D-A9E9-EC0A3D84EF02 The Provider's auditor must comply with the Independence Rule and comply with the General Requirements for Performing Nonattest Services and Documentation Requirements When Providing Nonattest Services. Such nonattest services include: (1) financial statement preparation; (2) cash to accrual conversions; (3) reconciliations; (4) advisory services; (5) appraisal, valuation and actuarial services; (6) benefit plan administration; (7) bookkeeping, payroll and other disbursements including proposed standard, adjusting or correcting journal entries; (8) preparation of depreciation schedules; (9) business risk consulting; (10) corporate finance consulting (11) executive or employee recruiting; (12) forensic accounting; (13) hosting services; (14) information systems design, implementation or integration; (15) internal audit; (16) investment advisory or management; (17) tax services. The Provider is required to engage an audit firm that follows Government /Non-Profit Audit Standards when conducting the financial audit and that shows evidence of a peer review report completed every three (3) years. For-profit Providers agree to submit annual financial statements based on industry OCBOA standards prepared by an independent Certified Public Accounting Firm within a period not to exceed one hundred and eighty (180) calendar days of the close of the Provider's fiscal year. The financial statements must be prepared in accordance with applicable Preparation, Compilation and Review Standards. 4. Other Financial Support a. Provider shall report within ninety (90) calendar days any major changes in non-JWB revenue which would impact targeted service levels in JWB funded programs during the fiscal year. b. JWB funds shall not be used for expenditures also funded by other sources. JWB funds shall not be used to supplant other sources of revenue. c. Generally, JWB encourages use of its funds as financial match for securing funds from other sources. However, in such instances, Provider is required to obtain prior written approval to submit an application with JWB committed funds. d. Revenues earned in a JWB funded program must remain in that program as a condition of funding. e. Programs charging a fee for services supported by JWB funding must forward a copy of the fee schedule to JWB within thirty (30) calendar days of the effective date of this agreement and upon making changes to the fee schedule. 5. Program Monitoring and Data Quality Provider agrees to submit monitoring, site visit, accreditation, and licensing reports supplied by funding, accreditation, and licensing entities, as applicable, to JWB no more than thirty (30) calendar days following Provider receipt. Provider agrees to submit progress reports and other information in such format and at such times as may be prescribed by JWB (including JWB Databases, JWB Secure Portals, and Provider specific data collection systems), and to cooperate in monitoring activities including, but not limited to, access to sites, staff, fiscal and participant records, logs, participant rights and responsibilities policies, participant handbooks, grievance and complaint procedures, and the provision of related participant and participant rights information. Provider shall maintain and have available for audit inspection participant records for five (5) years post termination of services. Provider agrees to abide by the JWB Board Policy Section IV: JWB Funded Program Monitoring. FY25 City of Clearwater Charting the Course for Youth Page 5 of 28 Docusign Envelope ID: 545739A3-73C8-421D-A9E9-EC0A3D84EF02 Provider agrees to provide JWB representatives access, without presence of the Provider supervisor, to staff or program participants during any monitoring with or without advance notice. Youth participants will only be interviewed in group settings or with staff present unless parental consent is obtained. Provider staff shall adhere to JWB's Data Quality Manual and JWB's Financial Policies and Procedures for Funded Programs, and all staff who have any responsibility (supervisory or direct) for data entry shall be trained within thirty (30) calendar days of hire. The Provider is responsible for maintaining written policies and procedures for providing data to JWB in a timely manner. The Provider is responsible for maintaining user access to JWB’s Database, including workflow. The Provider is responsible for reviewing JWB Database and JWB Secure Portal User Access to ensure that all users are active employees with access to appropriate data systems and modules Provider staff who no longer need access to the JWB Database should have their access terminated immediately. The Provider is responsible for implementing appropriate procedures into their data policies to protect data and prevent accidental or malicious disclosure of participant information. Provider shall notify JWB no less than ninety (90) days prior to implementation of data system(s) used for participant and/or financial information that are used to share data with JWB. 6. Board Members and Training Provider shall submit to JWB an updated roster of board members to include the start date of all members within thirty (30) calendar days of the effective date of this Agreement and within thirty (30) calendar days of any change to board composition. Board member rosters shall also include the email, physical address, phone number, and place of employment for all board members. Orientation of new board members shall occur within two (2) months of the member joining the board and evidence of this orientation shall be maintained in Provider files. Training of new board members by an external trainer is required within six (6) months of joining the Provider board. Training must consist of the following topics: nonprofit governance, fiduciary risks, and liabilities. Evidence of training, including an outline of topics covered, the board members in attendance, and who provided the training, shall be available for review by JWB personnel upon request. Providers that are governmental entities, higher education institutions, and hospitals are exempt from this training requirement. 7. Nondiscrimination Providers receiving funding from JWB shall not discriminate against an employee, volunteer, or participant of the Provider on the basis of race, color, gender, religion, national origin, citizenship, disability, marital status, age, veteran status, sexual orientation, pregnancy, and genetic information, or any other legally protected category except that programs may target services for specific participant groups as defined in the application. Additionally, Providers receiving funds shall demonstrate the standards, policies, and practices necessary to render services in a manner that respects the worth of the individual and protects and preserves the dignity of people of diverse cultures, classes, races, religions, and ethnic backgrounds. 8. Publicizing of JWB Support - Endorsements Requests for endorsements that require a commitment of JWB resources shall be submitted to JWB for its consideration. However, endorsements which do not require JWB resources may be given to those Providers that support the focus and priorities of the JWB Board, at the discretion of the JWB Chief Executive Officer. JWB's FY25 City of Clearwater Charting the Course for Youth Page 6 of 28 Docusign Envelope ID: 545739A3-73C8-421D-A9E9-EC0A3D84EF02 logo must be visible at Provider's administrative and program sites, be featured on the Provider’s website, and be present on the following Provider materials as an acknowledgement of support: Annual report Program brochures and marketing materials Program stationery JWB's logo may not be used on any other publications requiring JWB resources without JWB approval. However, if a publication does not require a monetary commitment or indicate sponsorship, use of the JWB logo may be authorized at the sole discretion of the JWB Chief Executive Officer. 9. Legal Compliance Provider agrees that it will comply with all applicable laws, rules, and regulations. 10. Assignments and Subcontracts Provider shall not assign the responsibility of this Agreement to another party nor subcontract for any of the work contemplated under this Agreement, including transportation of participants, without prior written approval of JWB through an approved budget or other written approval on file at JWB. No such approval by JWB of any assignment or subcontract shall be deemed in any event or in any manner to provide for the incurrence of any obligation by JWB in addition to the total dollar amount stated in this Agreement. JWB shall have the right to require the Provider to replace any Subcontractor found, in the reasonable judgment of JWB, to be unacceptable. All such assignments or subcontracts shall be subject as applicable to the terms and General Conditions of this Agreement and to any conditions of approval that JWB shall deem necessary. Subcontracts for program service delivery described in the approved program methodology must be reviewed according to the Subcontract Assessment found on the Provider page of the JWB website. The assessment outlines elements that must be included in subcontracts. Subcontracts shall be submitted to JWB within thirty (30) calendar days of the effective date of this Agreement and upon revision, amendment and execution of the subcontract thereafter. To the extent Provider is permitted by JWB to subcontract any of provider's responsibilities under this agreement, the subcontracting entity or agency shall be obligated to assume all applicable obligations of the Provider under this agreement, including the obligation to preserve and maintain insurance as outlined in General Condition 25. Provider shall have full responsibility for the successful performance and completion of all subcontracted duties under this Agreement to the same extent as if the Provider performed such duties. The Provider shall be the sole point of contact for subcontracts with regard to all matters under this Agreement. Provider is responsible for monitoring subcontracts of JWB funded programs unless otherwise specified in a Special Condition of this Agreement. Documentation of monitoring of subcontracts shall be available for review by JWB personnel upon request. 11. Confidential Information Provider must follow all laws regarding confidentiality of information including, but not limited to, HIPAA. Provider shall not use or disclose any information which specifically identifies a recipient of services under this Agreement, and shall adopt appropriate procedures for employees' handling of confidential data with the following exceptions: a) such information may be revealed as may be necessary to conform to Fiscal FY25 City of Clearwater Charting the Course for Youth Page 7 of 28 Docusign Envelope ID: 545739A3-73C8-421D-A9E9-EC0A3D84EF02 Responsibility and Program Monitoring requirements as stated in the General Conditions of this Agreement; b) such information may be revealed as may be necessary pursuant to applicable federal, state, or local law and related regulations; and c) such information may be revealed with the written consent (authorization) of the recipient, or the recipient's responsible parent or guardian, where authorized by law. Provider is responsible to adopt appropriate policies, notifications, authorizations, and other relevant information that allows for the sharing of confidential information with JWB. The Provider shall also maintain in participant files a completed copy of a JWB-approved form for authorizing client consent to release information for each participant receiving services. As allowed by law and Provider policy, the Provider shall add JWB to consent forms including HIPAA consent forms to facilitate data sharing and implement the Fiscal Responsibility and Program Monitoring requirements as stated in the General Conditions of this Agreement and advise JWB within two (2) business days if a participant has withdrawn consent to share data and note this withdrawal of consent in the case file. JWB has full discretion as to the use of data and JWB owns all data once transferred to JWB. Provider shall obtain permission and license for the use of any and all photographs, videotaping, audio recordings, or written interviews/stories of participants, to include use of name, image and other identifiable information in connection with a press release, news story, testimonial, or story that may be viewed by the general public, and that the participant will not receive compensation for participation in the use of this information. For youth under the age of eighteen (18), Providers will obtain the signature of a parent or legal guardian. In no event should participant identifying information ever be emailed or faxed to JWB. In the event of an improper disclosure of participant information by Provider, Provider shall inform JWB of the improper disclosure and extent thereof within two (2) business days of becoming aware of the improper disclosure. Provider shall cooperate fully with JWB and take all necessary steps to correct and remedy any damage caused by the Provider's improper disclosure and to prevent future improper disclosure. Provider shall defend, indemnify and hold harmless JWB from any and all damages caused by the improper disclosure of any confidential information as defined by law including, but not limited to, Protected Health Information under HIPAA and any and all costs associated with remedying the disclosure. Provider shall defend, indemnify and hold harmless JWB from any and all damages caused by the improper disclosure as defined by law of any information including but not limited to personally identifiable information (PII) and protected health information (PHI) as required under HIPAA, HITECH and FIPA regulations or other information that is confidential and/or exempt from disclosure per F.S. 119. This provision shall survive the termination of this Agreement. Likewise, in the event of an improper disclosure of Provider's participant information by JWB, JWB shall inform Provider of the improper disclosure and extent thereof within two (2) business days of becoming aware of the improper disclosure. JWB shall cooperate fully with Provider and take all necessary steps to correct and remedy any damage caused by JWB's improper disclosure and to prevent future improper disclosure. JWB shall defend, indemnify and hold harmless Provider from any and all damages caused by JWB's improper disclosure and any and all costs associated with remedying the disclosure subject to the doctrine of sovereign immunity and limitations set forth in F.S. 768.28. FY25 City of Clearwater Charting the Course for Youth Page 8 of 28 Docusign Envelope ID: 545739A3-73C8-421D-A9E9-EC0A3D84EF02 12. Public Records JWB is a public entity subject to Florida's Public Records Law, which includes provisions relating to records retention, production, and confidentiality. For purposes of this section, Provider is also referred to as Contractor. Provider subcontracts that arise out of this Agreement must apply the entirety of this public records condition to the Subcontractor. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Juvenile Welfare Board of Pinellas County 14155 58th St. No., Ste. 100 Clearwater, FL 33760 (727) 453-5600 publicrecords@jwbpinellas.org Contractors acting on behalf of JWB must comply with 119.0701 and must: a. Keep and maintain public records required by JWB to perform the service. b. Upon request from JWB's custodian of public records, provide JWB with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in F.S. 119 or as otherwise provided by law. c. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency. d. Upon completion of the contract, transfer, at no cost, to JWB all public records in possession of Contractor or keep and maintain public records required by JWB to perform the service. If the Contractor transfers all public records to JWB upon completion of the contract, Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to JWB, upon request from JWB's custodian of public records, in a format that is compatible with the information technology systems of JWB. In addition, Contractors should be aware that Social Security numbers are confidential and exempt from disclosure (119.071) and personal identifying information of a child or the parent or guardian of the child held by JWB or service provider under contract with JWB is exempt from disclosure (125.901(11)). There are many other exemptions in the law that Provider should be cognizant exist. However, for all Providers, any and all contracts between JWB and Provider, program methodology, budgets, requests for reimbursements, emails, other written correspondence and any other documents exchanged between the Provider and JWB are generally public records and will be disclosed in the sole discretion of JWB and must be retained in accordance with Florida's record retention policy. Providers should not provide any documents to JWB containing Trade Secrets, as defined by FY25 City of Clearwater Charting the Course for Youth Page 9 of 28 Docusign Envelope ID: 545739A3-73C8-421D-A9E9-EC0A3D84EF02 Florida statutes, F.S.688.002, or exempt or confidential and exempt information to JWB without specifically marking such document. By submitting any documents or information whatsoever to JWB, Provider agrees that JWB may use and disclose all information and documents submitted for any purpose JWB sees fit and that it is within JWB's sole discretion to determine if any information submitted is exempt from disclosure. Any Provider who receives a public records request for records pertaining to JWB or services funded by JWB, must advise JWB within two (2) business days of the records request and JWB and Provider will work together to respond to any such request. This provision shall survive termination of this Agreement. 13. Return of Funds Provider agrees to return to JWB any overpayment due to costs not incurred or costs disallowed pursuant to the terms of this Agreement and such funds shall be considered JWB funds and shall be refunded to JWB in accordance with its instructions. Should Provider fail to return said funds, Provider shall be responsible for all costs and fees of collection incurred by JWB including, but not limited to, attorney fees and court costs including any pre-suit collections fees and costs. This provision survives termination of this Agreement and return of funds for overpayment or disallowance will be required even if the overpayment or disallowance is discovered after this Agreement is terminated. 14. Special Situations and Incidents Provider agrees to inform JWB within one (1) business day of any circumstances or events which may reasonably be considered to jeopardize its capability to continue to meet its obligations under the terms of this Agreement. Participant incidents are required to be reported for situations that occur only while under the Provider's care and includes anything that may reflect negatively or critically upon JWB. Certain personnel are mandated by law to report their suspicions of child abuse, neglect, or abandonment to the Florida Abuse Hotline (1-800-96-ABUSE). All concerns regarding suspected abuse, neglect, or abandonment of a child or vulnerable adult by the Provider shall first be reported to the Florida Abuse Hotline and then reported to JWB. Incident reporting does not preclude mandated reporting requirements. Critical Incidents are defined as follows: Abduction - An incident in which an individual who does not have care and custody of a child has taken the child. Concerns of child abductions shall immediately be reported to the appropriate law enforcement personnel. Abuse or Neglect - Reasonable cause to suspect that a child has been harmed or is believed to be threatened with harm while in the Provider's care. Baker Act - A participant is involuntarily admitted for psychiatric care under Florida law for Baker Act during the course of service delivery regardless if the incident occurred while under Provider's care. Breach of Information - Sensitive, protected or confidential data has potentially been viewed, stolen or used by an individual unauthorized to do so. Elopement-When a minor participant leaves a setting without permission or authorization. Employee Arrest - Employee conduct or activity that results in potential liability to the Provider or JWB, death or harm to a participant, or results in a law violation, including falsification of official records. If an arrest is made for FY25 City of Clearwater Charting the Course for Youth Page 10 of 28 Docusign Envelope ID: 545739A3-73C8-421D-A9E9-EC0A3D84EF02 a potentially disqualifying offense under Level 2 background screening requirements, or if the arrest occurred while in the performance of an employee's official duties, the incident should be reported immediately. Investigation or Lawsuit - Any formal investigation or legal action brought against Provider which relates to the services funded by JWB or which may reasonably be considered to jeopardize its capability to continue to meet its obligations under the terms of this Agreement. Media Coverage or Public Inquiry - Media coverage or public reaction that may have an impact on the Provider or JWB's ability to protect and serve its participants, or other significant effect on the Provider or JWB. Participant Death - The death of any participant receiving JWB services, regardless if the death occurred while under Provider's care. Participant Illness - An illness of a participant requiring a response by Emergency Medical Services AND transport to a medical facility due to the severity of the illness while participant is attending the program. Participant Injury - A medical condition of a participant requiring a response by Emergency Medical Services AND transport to the hospital due to the severity of the medical condition or injury while the participant is attending the program. Note in both instances of Participant Illness and Participant Injury the parents may use Emergency Medical Services as transportation to the hospital - if it is used solely for this purpose an incident report is not required. In the event that the participant leaves the program and requires emergency care due to an injury or illness incurred at the program, an incident report should be completed when the program becomes aware. Sexual Battery - An allegation of sexual battery involving a participant or employee as evidenced by medical evidence or law enforcement involvement. Sexual battery includes participant on participant incidents, employee, agent or volunteer on participant, and participant on employee, agent or volunteer. Suicide Attempt - An act which clearly reflects the physical attempt by an active participant to cause his or her own death, which results in bodily injury requiring medical treatment by a licensed health care professional. In addition, the Provider shall notify JWB immediately upon knowledge of any action or incident involving Provider staff or volunteers that could potentially jeopardize the terms of this Agreement which includes misconduct, malfeasance during working hours, or any conduct that results in the arrest of a staff member or volunteer after hours. Within one (1) business day of knowledge of any incident, the Provider must submit electronically a completed Incident Report to IRreviewteam@jwbpinellas.org with full details and disposition of the incident, excluding identifying information such as name, date of birth, and address. In the event of a participant death please contact by phone the JWB Chief Program Officer within three (3) hours of knowledge of the incident. All email communications made or received by JWB members or staff are considered public records and are retained and, upon request, made available to the public and media in accordance with Chapter 119, Florida Statutes. FY25 City of Clearwater Charting the Course for Youth Page 11 of 28 Docusign Envelope ID: 545739A3-73C8-421D-A9E9-EC0A3D84EF02 Provider must adhere to the reporting requirements hereunder after the termination of this Agreement if Provider becomes aware of a Critical Incident after the termination of the Agreement if the Critical Incident occurred during the term of the Agreement and/or relates to the services funded by JWB. 15. Provider Staff Membership on Board Provider agrees that Provider staff shall not serve as voting members of the Provider's governing board. 16. Waiver JWB reserves the right to waive requirements of this Agreement and General Conditions where warranted by special circumstances. Any waiver shall be in writing and signed by JWB. 17. Provider & Program Data Maintained In 2-1-1 Database Provider agrees to maintain accurate and up-to-date Provider and program data in the 2-1-1 Tampa Bay Cares database. The Provider will review and update (as necessary) this data at least once annually. The Provider will list data for newly funded program(s) within thirty (30) calendar days of the date that JWB funds the program. This requirement applies to all programs accepting 2-1-1 referrals. 18. Provider Staff Background Checks All program staff and Provider staff (including employees, independent contractors, and staff of subcontractors), volunteers and those who may have access to youth participants are required to undergo and pass a national Level 2 background check that complies with the standards set forth in F.S. 435. Those individuals must provide written consent to the Provider to have documentation released to JWB which confirms no disqualifying offenses listed in F.S. 435.04. for which they have not received an exemption in accordance with Florida law. All staff and volunteers must continue to qualify to pass a Level 2 screening at all times and must notify their employer if at any time they no longer qualify to pass a Level 2 screening. Proof of Level 2 background clearance, including current executed Affidavits/Attestations of Good Moral Character, must be maintained at all times in the appropriate files and the screening repeated every five (5) years or more often in accordance with law or as requested by JWB. Provider must collect written consent for the release of this information to JWB for purposes of verification. This requirement applies to employees regardless of the funder supporting the position and all volunteers and subcontractors who may have access to youth. Volunteers and subcontractors who assist on an intermittent basis for less than ten (10) hours per month do not have to be screened if a person who meets the screening requirement of this section is always present and has the volunteer and subcontractor within his or her line of sight. The Provider is required to clearly document which volunteers meet the criteria for a Level 2 background screening and Affidavits/Attestations of Good Moral Character, and which are exempt according to the terms of this Agreement. The Provider's policy and practice for background screening must provide for adequate protection and must comply with all applicable laws and implementing regulations including, but not limited to F.S. 435. The Florida Department of Children and Families provides an exemption process under this statute. JWB does not provide an exemption or waiver process. Should a Provider not be statutorily authorized to receive a national Level 2 background check in accordance with F.S. 435, the Provider must still comply with the standards set forth in F.S. 435 through the Volunteer & Employee Criminal History System (VECHS) for background screening. Only in the event the Provider does not qualify to receive a national Level 2 background check in FY25 City of Clearwater Charting the Course for Youth Page 12 of 28 Docusign Envelope ID: 545739A3-73C8-421D-A9E9-EC0A3D84EF02 accordance with F.S. 435 and is not eligible to participate in VECHS, then the Provider must engage a third-party vendor to conduct a national background check and must comply with the standards as set forth in F.S. 435. Providers using VECHS, or any other third-party vendor which does not allow the release of background screening results to JWB, must sign and provide to JWB an affidavit which ensures compliance with the entirety of this section. This affidavit must be renewed annually by the Provider's Executive Director or equivalent and submitted within thirty (30) calendar days of the effective date of this Agreement and upon change of staff in this position. Provider must also provide a written procedure within thirty (30) calendar days of the effective date of this Agreement which outlines the process by which compliance is ensured with the entirety of this section, including the person responsible for conducting verification between results of VECHS information and the disqualifying offenses according to F.S 435. Personnel and volunteer files shall reflect who verified whether the employee or volunteer candidate passed the background screening according to F.S. 435.04. Provider agrees to submit to monitoring of personnel and volunteer files and other required documents to ensure compliance with this section. Monitoring will include, but not be limited to, review of training logs, position descriptions, applications, resumes, salary information, Affidavits/Attestations of Good Moral Character, the results of background screenings and Provider verification of staff credentials. Consents executed by employees and volunteers to release Affidavits/Attestations of Good Moral Character and background screening results, if permitted by law, will be provided to JWB for review. Providers shall not release Protected Health Information to JWB and Providers shall keep this information separate from personnel and volunteer files. Parental consent for JWB monitoring activities must be evident in the personnel and volunteer files of minors. 19. Human Trafficking Affidavit In accordance with F.S. 787.06(13), nongovernmental entity Providers must submit an affidavit under penalty of perjury in a form approved by JWB and executed by an officer or a representative of Provider attesting that Provider does not use coercion for labor or services as that term is defined in F.S. 787.06. 20. Link to JWB's Website Provider website shall include the JWB logo that links to the JWB website (www.jwbpinellas.org). 21. Drug-Free Workplace The Provider shall have and enforce a Drug and Alcohol Free Workplace Policy. Policy shall be available for review by JWB personnel upon request. 22. Public Entity Crimes Per Section 287.133, F.S., a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with a public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. FY25 City of Clearwater Charting the Course for Youth Page 13 of 28 Docusign Envelope ID: 545739A3-73C8-421D-A9E9-EC0A3D84EF02 23. JWB Policies and Procedures Provider agrees to follow all JWB applicable policies and procedures which are located on the JWB website at www.jwbpinellas.org and which are incorporated into this Agreement. Said policies include, but are not limited to, applicable Board policies, funding policies, JWB Financial Policies and Procedures for Funded Programs, security policies, JWB Data Quality Manual, and applicable policies that may be promulgated by JWB within its sole discretion from time to time. JWB reserves the right to change these policies from time to time within its sole discretion. JWB will provide a minimum of thirty (30) calendar days' notice to the Provider and it is the responsibility of the Provider to be in compliance with all applicable policies and procedures at all times. Provider is encouraged to provide certification of current accreditation by a recognized national accrediting body appropriate to the programming funded by JWB. Regardless of accreditation, the Provider must meet the highest professional standards established through its specific field. 24. Conflict of Interest The Provider must have no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance or services required hereunder. The Provider further represents that no person having any such interest shall be employed or subcontracted by the Provider during the Agreement term and any extensions. The Provider shall promptly notify JWB, in person, or by email, regular mail or delivery service, of all potential conflicts of interest for any prospective business association, interest, or other circumstance, which may influence or appear to influence the Providers judgment or quality of services being provided hereunder. Such written notification shall identify the prospective business association, interest or circumstance, the nature of work that the Provider may undertake and request an opinion of the JWB Chief Executive Officer as to whether the association, interest or circumstance would, in the opinion of JWB, constitute a conflict of interest if entered into by the Provider. JWB agrees to notify the Provider of its opinion, in person, or by email, regular mail or delivery service, within thirty (30) days of receipt of notification by the Provider. 25. Insurance Requirements The Provider will procure, pay for, and maintain, throughout the period of this Agreement, on behalf of the Provider and JWB, the following MINIMUM limits of basic insurance coverage with responsible companies, eligible to do business in the State of Florida, which maintain a rating of A-(VIII) or higher with A.M. Best. Companies not rated by A.M. Best may be used to satisfy this requirement if approved by JWB in writing. If insured by a company that is not rated by A.M. Best, the company must have been successfully operating in the State of Florida for a minimum of five consecutive years and JWB reserves the right to request a copy and review the company’s most recent annual report or audited financial statement to determine the financial viability of the organization, including an unencumbered net worth of $25 million or more. a. Work ers' C omp en sation Such insurance shall comply with Chapter 440, Florida Statutes, as required by law. b. C ommercial Gen eral L iab ility FY25 City of Clearwater Charting the Course for Youth Page 14 of 28 Docusign Envelope ID: 545739A3-73C8-421D-A9E9-EC0A3D84EF02 General Aggregate $3,000,000 Products/Completed Operations Aggregate $3,000,000 Personal and Advertising Injury $3,000,000 Each Occurrence $3,000,000 Such insurance shall be no more restrictive than that provided by the latest edition of the standard Commercial General Liability Form (Form CG 00 01) as filed for use in the State of Florida by the Insurance Services Office (ISO) without any restrictive endorsements other than any endorsements specifically required by ISO or the State of Florida. JWB and JWB's Board members, employees, volunteers, and agents shall be included as an "Additional Insured" on the Commercial General Liability coverage a form no more restrictive than ISO form CG 20 10 (Additional Insured - Owners, Lessees, or Provider). c. A u tomob ile Such insurance shall cover all owned, hired and non-owned vehicles operated by, or on behalf of, the Provider. Combined single limit - (Vehicles transporting JWB Participants) $5,000,000 Combined single limit - (All other vehicles used in the performance of work under this Agreement) $500,000 [The determination of which of the Provider's vehicles will be subject to the limit stated above for "Vehicles transporting JWB Participants" and will be based upon the responses given by the Provider in the most recent JWB Insurance Survey.] Such insurance shall be no more restrictive than that provided by Section II (Liability Coverage) of the most recent version of the standard Business Auto Policy (ISO Form CA 00 01) without any restrictive endorsements, including coverage for liability contractually assumed, and shall cover all owned, non- owned, and hired autos used in the performance of the work under this Agreement. Providers that transport JWB Participants will be required to insure any vehicle used for such Participant transportation in the amount shown in the Participant Transportation section of the Automobile Insurance Requirements matrix. Such amount shall be determined by JWB based upon the maximum number of passengers per vehicle (including driver) in the vehicle being utilized. All other Provider vehicles are required to be insured in the amount shown in the matrix which corresponds to the rest of the Providers operations, excluding participant transportation. Providers that hire participant transportation services, excluding ride share and taxi services, shall be required to maintain verification of transportation vendor's automobile liability insurance limits in the same FY25 City of Clearwater Charting the Course for Youth Page 15 of 28 Docusign Envelope ID: 545739A3-73C8-421D-A9E9-EC0A3D84EF02 amount that the Provider would be required to maintain if Provider were providing the transportation services directly. Such amount shall be determined by JWB based upon the maximum number of passengers per vehicle (including driver) in the vehicle being utilized. The applicable limits can be found on JWB’s website. d. P rofession al L iab ility Each Claim $1,000,000 Annual Aggregate $1,000,000 Such insurance shall be on a form acceptable to JWB and shall cover Provider for those sources of liability arising out of the rendering or failure to render professional services in the performance of the services required in the Agreement including any hold harmless and/or indemnification agreement. If the Professional Liability is provided on a Claims Made Form, the retroactive date must be no later than the first date of this Agreement and such claims-made coverage must respond to all claims reported within three (3) years following the period for which coverage is required. e. C yb er L iab ility Each Claim $500,000 Annual Aggregate $500,000 The Cyber Liability insurance shall be on a form acceptable to JWB and shall cover Security & Privacy Liability and Breach Response Coverage, including Notification Expenses. If the Cyber Liability is provided on a Claims Made Form, the retroactive date must be no later than the first date of this Agreement and such claims-made coverage must respond to all claims reported within three (3) years following the period for which coverage is required. The required Cyber Liability coverage may be included as part of the Professional Liability coverage and limits required above. f. A b u se an d Molestation L iab ility Each Claim $1,000,000 Annual Aggregate $1,000,000 Such insurance shall be on a form acceptable to JWB and shall cover Provider and its employees for liability arising out of any occurrence of abuse or molestation in relation to the work provided by Provider under the Agreement. FY25 City of Clearwater Charting the Course for Youth Page 16 of 28 Docusign Envelope ID: 545739A3-73C8-421D-A9E9-EC0A3D84EF02 If the Abuse and Molestation coverage is provided on a Claims Made Form, the retroactive date must be no later than the first date of this Agreement and such claims-made coverage must respond to all claims reported within three (3) years following the period for which coverage is required. g. C rime In su ran ce Such insurance shall be on a form acceptable to JWB and shall provide the following coverages in the following amounts: Employee Dishonesty: $300,000 Forgery or Alteration: $300,000 Robbery (on or off premises): $300,000 Computer Fraud: $300,000 Funds Transfer Fraud: $300,000 h. Watercraft L iab ility To the extent watercraft are utilized, Provider shall purchase and maintain insurance which shall, at a minimum, cover Provider for injuries or damage arising out of the use of all owned, non-owned, and hired watercraft. The insurance shall include JWB and JWB's Board members, employees, volunteers, and agents as additional insureds. The limits applicable to watercraft liability shall be: Each Occurrence/Annual Aggregate N/A i. P ollu tion L egal L iab ility Such insurance shall cover Provider for liability resulting from pollution or other environmental impairment arising out of, or in connection with, work performed under this Agreement, or which arises out of, or in connection with this Agreement, including coverage for cleanup of pollution conditions and third-party bodily injury and property damage claims arising from pollution conditions. Such insurance shall also include transportation coverage and non-owned disposal site coverage. Coverage must either be on an occurrence basis; or, if on a claims-made basis, the coverage must respond to all claims reported within three (3) years following the period for which coverage is required and which would have been covered had the coverage been on an occurrence basis. The minimum limits (inclusive of any amounts provided by an umbrella or excess policy) shall be: Each Claim N/A FY25 City of Clearwater Charting the Course for Youth Page 17 of 28 Docusign Envelope ID: 545739A3-73C8-421D-A9E9-EC0A3D84EF02 Annual Aggregate N/A JWB and JWB's Board members, employees, volunteers, and agents shall be included as an "Additional Insureds" on the policy. j. D ron e L iab ility Each Claim N/A Annual Aggregate N/A Provider shall maintain liability coverage for both bodily injury and property damage naming "JWB and JWB's Board members, employees, volunteers, and agents" as additional insureds on a primary and non- contributory basis. k. E xcess or U mb rella In su ran ce All required limits of insurance may be satisfied by the use of any combination of primary and excess/umbrella liability insurance coverages. All Certificates of Insurance for umbrella and excess liability policies should clearly indicate which underlying policies such excess or umbrella liability policies are applicable to on an excess basis. l. E vid en ce of In su ran ce Provider shall not commence work until the required insurance is in force and evidence of insurance meeting all of the requirements set forth herein has been provided to JWB. JWB at all times reserves the right to request such additional documentation and evidence of insurance as in its sole discretion it may require and the Provider hereby agrees to provide same. An appropriate Certificate of Insurance signed by an authorized representative of the insurer shall be satisfactory evidence of insurance. With respect to the Commercial General Liability, an appropriate Certificate of Insurance signed by an authorized representative of the insurer, and copies of the actual additional insured endorsement(s) as issued on the policy(ies), shall be satisfactory evidence of such insurance. Until such insurance is no longer required by this Agreement, Provider shall provide JWB with renewal or replacement evidence of insurance at least fifteen (15) calendar days prior to the expiration or termination of such insurance. Notwithstanding the prior submission of a Certificate of Insurance, copies of endorsements, or other evidence initially acceptable to JWB, if requested by JWB, Provider shall, within thirty (30) calendar days after receipt of a written request from JWB, provide JWB with a certified copy(ies) of the policy(ies) providing the coverage required herein. Provider may redact or omit, or cause to be redacted or omitted, those provisions of the policy or policies which are not relevant to the insurance required herein. m. N otice of C an cellation FY25 City of Clearwater Charting the Course for Youth Page 18 of 28 Docusign Envelope ID: 545739A3-73C8-421D-A9E9-EC0A3D84EF02 All required policies must be endorsed to provide JWB with thirty (30) calendar days' prior notice of cancellation. n. P rimary an d N on -C on trib u tory The insurance provided by the Provider shall apply on a primary basis to and shall not require contribution from, any insurance maintained by JWB. Any insurance or self-insurance maintained by JWB shall be in excess of, and shall not contribute with, the insurance provided by Provider. o. S elf-In su ran ce Notwithstanding any provision in this agreement to the contrary, and only with the prior written approval of JWB, the specified insurance requirements may be satisfied by a certification of a valid program of self- insurance established and maintained in accordance with all applicable Florida laws and regulations. p. N on -Waiver/R emed ies Compliance with these insurance requirements shall not limit the liability of Provider, its subcontractors, sub-subcontractors, employees or agents. Any remedy provided to JWB or JWB's Board members, employees, volunteers, and agents by the insurance provided by Provider shall be in addition to and not in lieu of any other remedy (including, but not limited to, as an indemnitee of Provider) available to JWB under this Agreement or otherwise. Neither approval nor failure to disapprove insurance furnished by Provider shall relieve Provider from the responsibility to provide insurance as required by this Agreement. Provider shall provide JWB with renewal or replacement evidence of insurance at least fifteen (15) calendar days prior to the expiration or termination of such insurance. If Provider cannot meet this timeline, notification must be made to the assigned JWB Program Consultant and maintain communication until such time as evidence of insurance can be submitted to JWB. 26. Indemnification Provider shall defend, indemnify, and hold harmless JWB, its agents, and employees from and against any and all liabilities, claims, judgments, or actions including, but not limited to, attorney's fees and all costs that may hereafter at any time be made or brought by any person or entity on account of any claim including but not limited to, personal injury, property damage, loss of monies, civil rights violation, or discrimination allegedly caused in whole or part by any act or omission, including but not limited to, breach of contract, negligent act, wrongful act, intentional act, omission, and any acts of fraud or defalcation, of the Provider, its agents, employees, or subcontractors, arising out of or relating to its performance of this Agreement or for Provider's improper disclosure of confidential and/or exempt information, or failure to comply with F.S. 119 or any other applicable law, rule or regulation. In no event will the Provider be liable for or have any obligation to defend JWB against such liability, claims, judgments, or actions, including costs and attorney's fees, arising out of the sole negligent acts of JWB. This provision survives termination of the Agreement. 27. Certification that Provider is legally able to contract with JWB In compliance with F.S. 287.135(2)(a), a Provider is ineligible to and may not enter into a contract with JWB if the FY25 City of Clearwater Charting the Course for Youth Page 19 of 28 Docusign Envelope ID: 545739A3-73C8-421D-A9E9-EC0A3D84EF02 Provider is on the Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725 or is engaged in a boycott of Israel. In compliance with F.S. 287.135(2)(b), for contracts of $1 million or more, a Provider is ineligible to and may not enter into a contract with JWB if the Provider (1) is on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Section List, created pursuant to s. 215.473 or, (2) is engaged in business operations in Cuba or Syria. By entering into this Agreement, you are certifying that you are eligible to contract with JWB and are not participating in a boycott of Israel, are not on the Scrutinized Companies with Activities in Sudan List, are not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List and that you do not have business operations in Cuba or Syria. In addition, this Agreement may be terminated if Provider (1) has found to have submitted a false certification, (2) has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, (3) has been placed on the Scrutinized Companies with Activities In Sudan List or the Scrutinized Companies with Activities in The Iran Petroleum Energy Sector List; or (4) has been engaged in business operations in Cuba or Syria. 28. E-Verify In accordance with F. S. 448.095(5), no later than the first date of the term Agreement, Provider must register with and use the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all employees hired on or after the first date of the term Agreement and during the remainder of the term of this Agreement. Evidence may consist of, but is not limited to, providing notice of your E-Verify number. Instructions on how to provide proof of participation/E-Verify enrollment is on the U.S Department of Homeland Security’s E- Verify website. The statute also applies to subcontractors performing work under this Agreement. The subcontractor must use the E-Verify system for any employees it may hire during the term of this Agreement. The Subcontractors must provide affidavits stating the subcontractor does not employ, contract with, or subcontract with an unauthorized alien, as defined in F. S. § 448.095. Subcontractors are defined in F.S. 448.095 as a person or entity that provides labor, supplies or services to or for a contractor or another subcontractor in exchange for salary, wages, or other remuneration. Provider must maintain copies of all subcontractor affidavits for the duration of the JWB Agreement and these affidavits shall be subject at all times to inspection, review, or audit by JWB personnel or its duly authorized agent. Notwithstanding any other terms of this Agreement, if JWB has a good faith belief that you have knowingly hired, recruited or referred an alien who is not duly authorized to work by the immigration laws or the Attorney General of the United States, JWB shall terminate this Agreement. Provider may be liable for all costs associated with JWB securing the same services, inclusive, but not limited to, higher costs for the same services and rebidding costs (if necessary). Any challenge to termination under this provision must be filed in the Circuit Court no later than 20 calendar days after the date of termination. If this Agreement is terminated for a violation of the statute, Provider may not be awarded a public contract for a period of one (1) year after the date of termination. FY25 City of Clearwater Charting the Course for Youth Page 20 of 28 Docusign Envelope ID: 545739A3-73C8-421D-A9E9-EC0A3D84EF02 Chief Executive Officer: Juvenile Welfare Board of Pinellas County Mayor: City of Clearwater Beth A. Houghton Bruce Rector 8/19/2024 | 1:13 PM EDT Date Date Approved as to form: Melissa Isabel Date Senior Assistant City Attorney Attest: Rosemarie Call Date City Clerk FY25 City of Clearwater Charting the Course for Youth Page 21 of 28 Docusign Envelope ID: 545739A3-73C8-421D-A9E9-EC0A3D84EF02 Attachment 1 Special Conditions of the Agreement The following condition(s) applies to the Program: Charting the Course for Youth As a condition of JWB funding, the Provider and all facilities are required to maintain licensure by the Pinellas County Licensing Board (PCLB). Facilities not required to be licensed must maintain a Certificate of Substantial Compliance issued by PCLB. Facilities operated during the summer only are considered Summer Day Camps pursuant to PCLB current regulations. Should any Provider or facility's license or certification be revoked, not renewed, or suspended during the time services are being provided hereunder, the Provider must immediately notify JWB within twenty-four (24) hours in writing and said Provider or facility is no longer qualified to provide services to the Recipients under the terms of this Agreement. At all times during this Agreement, Provider and/or facility's license must be considered in Good Standing, which is defined as having no probationary license. If a probationary license is issued, this may result in JWB corrective action. Provider authorizes JWB to speak with PCLB, and any other entity regulating the Provider about anything relevant to Provider's childcare license, history of providing care or anything else deemed relevant by JWB. Should Provider be a party to any written agreement with the Early Learning Coalition (ELC) during the term of this Agreement, Provider must advise JWB in writing of the contract. If Provider’s contract with ELC is terminated at any time during this Agreement, Provider must, within twenty-four (24) hours, notify JWB in writing and Provider or facility may no longer be qualified to provide the services pursuant to this Agreement. At all times during this Agreement, Provider must be considered in Good Standing with ELC, which is defined as having no contract probation and no outstanding corrective action with ELC. If an ELC contract is in probationary status or terminated, this may result in JWB corrective action. Provider authorizes JWB to speak with ELC and any other entity regulating the Provider about anything relevant to Provider's ELC contract, childcare license, history of providing care or anything else deemed relevant by JWB. The Provider shall upload a Safety Around Water (SAW) end of the year report to JWB's Secure Portal or the JWB Participant Management System by October 15th. The report shall include aggregate data from the fiscal year including the total number of unduplicated youths served through SAW. The Provider will work with the assigned JWB Evaluator to implement the Florida Afterschool Network Quality Self-Assessment. The Provider must identify a self-assessment coordinator who will work with the JWB Evaluator to conduct the self-assessment. The self-assessment must be completed and associated performance improvement plan (as appropriate) must be established by the end of the fiscal year. Provider approved COST program shall adhere to the JWB approved Program Service Matrix Model Program Components for Out of School Time Programming. General Condition #10 - Assignments and Subcontracts- The last sentences of paragraph two and of paragraph three in this section are waived: Provider is exempted from submitting Subcontracts and Subcontract monitoring FY25 City of Clearwater Charting the Course for Youth Page 22 of 28 Docusign Envelope ID: 545739A3-73C8-421D-A9E9-EC0A3D84EF02 documentation for individual (not incorporated) providers of overlay services and tutoring services if said individuals of those services are not left alone with children. All other terms of General Condition #10 shall remain the same. General Condition #18 - Provider is waived from personnel file monitoring with JWB wherein the Provider has no non-compliances on PCLB’s most recent monitoring report/inspection checklist/complaint investigation in the area of Personnel and at the time of JWB monitoring is in full compliance with all PCLB regulations pertaining to Personnel, including, but not limited to, personnel records and background screening. JWB reserves the right to monitor personnel files at any time, including if a non-compliance is noted during PCLB’s monitoring/inspection/investigation and at any time JWB deems necessary. Provider will give JWB staff access to all PCLB monitoring reports/inspection checklist/complaint investigations. All other provisions of the Condition remain. All vehicles used by the Provider to transport any program participants in a JWB funded program must be equipped with an alarm system approved by the Department of Children and Families and meet the criteria in the Child Care/School Age (CC/SA) Facility Handbook that prompts the driver to inspect the vehicle for the presence of children before exiting the vehicle. Alarms must be installed and maintained according to the manufacturer’s recommendations. The following condition(s) applies to the Provider: City of Clearwater General Condition #11 - Confidential Information- fifth paragraph, the sentence that states, "Provider shall defend, indemnify and hold harmless JWB from any and all damages caused by the improper disclosure of any confidential information as defined by law including, but not limited to, Protected Health Information under HIPAA and any and all costs associated with remedying the disclosure." is stricken and replaced with the following: "Provider shall defend, indemnify, and hold harmless JWB from any and all damages caused by the provider's improper disclosure of any information including, but not limited to, Protected Health Information under HIPAA and any and all costs associated with remedying the disclosure subject to the doctrine of sovereign immunity and limitations set forth in F.S. 768.28." General Conditions #25 - Insurance Requirements are waived wherein the Provider maintains responsibility for the delivery of services. Should the Provider assign or subcontract any of the work contemplated under this Agreement to a non-governmental entity, or to a non-Florida governmental entity, this Insurance Requirements waiver is not applicable to the subcontracted services portion of the contract. Nongovernmental subcontractors and non-Florida governmental subcontractors must demonstrate compliance with the insurance requirements for all subcontracted services performed for Provider for JWB-funded programs. Provider is solely responsible for ensuring subcontractors of the Agreement are in compliance with the minimum insurance requirements as described in General Condition #25. FY25 City of Clearwater Charting the Course for Youth Page 23 of 28 Docusign Envelope ID: 545739A3-73C8-421D-A9E9-EC0A3D84EF02 General Condition #26 - Indemnification is replaced with "The Provider agrees to be fully responsible for all claims arising out of its own acts of negligence or its respective employees' acts of negligence when acting within the scope of their employment and agrees to be liable for any damages proximately caused thereby; provided, however, that the Provider's liability is subject to the monetary limitations and defenses imposed by section 768.28, F.S. Nothing herein is intended to serve as a waiver of sovereign immunity by the Provider, nor shall anything herein be construed as consent by the Provider to be sued by any third party for any cause or matter arising out of or related to this Agreement except to the extent provided by 768.28, F.S." General Condition #2f - The last sentence is waived: Provider is not required to submit a Continuity of Operations Plan to JWB. General Condition #2h - The sentence is waived. Due to the Provider being subject to the Code of Ethics for Public Officers and Employees, adopted by the Legislature as Part III of Chapter 112, Florida Statutes, the Provider is not required to have a written conflict of interest policy and to obtain appropriate signed statements from its governing board members, officers, and employees on an annual basis. General Condition #6 - Board Members and Training is waived. FY25 City of Clearwater Charting the Course for Youth Page 24 of 28 Docusign Envelope ID: 545739A3-73C8-421D-A9E9-EC0A3D84EF02 Attachment 2 Geographical Service Area Provider agrees whenever possible to maintain service sites which are accessible by public transportation and convenient to the target participant group. Provider will advise JWB of any changes made in service sites. The geographical service area for this agreement is as follows: Program Name Participants are eligible Countywide Participants are eligible who reside in the following ZIP codes: Participants are eligible from the following service areas: Charting the Course for Youth No Participants will primarily reside in zip codes 33755,and 33756. In addition, participants can reside in surrounding mid and north county zip codes. FY25 City of Clearwater Charting the Course for Youth Page 25 of 28 Docusign Envelope ID: 545739A3-73C8-421D-A9E9-EC0A3D84EF02 Attachment 3 Juvenile Welfare Board *In order to receive payment on Reimbu r s emen t D ate,invoices/reimbursement request mu s t be s u bmitted to JW B by Clos e of Bu s in es s on th e S u bmis s ion D u e D ate (Wedn es day), to allow for pr oper r eview, an d appr oval by JW B s taff. ACCOUNTS PAYABLE SCHEDULE FY 2025 Pay# Submission Due Date * (Wednesday) Reimbursement Date (Friday) 1 10/02/24 10/11/24 2 10/16/24 10/25/24 3 10/30/24 11/08/24 4 11/13/24 11/22/24 5 11/27/24 12/06/24 6 12/11/24 12/20/24 7 12/25/24 01/03/25 8 01/08/25 01/17/25 9 01/22/25 01/31/25 10 02/05/25 02/14/25 11 02/19/25 02/28/25 12 03/05/25 03/14/25 13 03/19/25 03/28/25 14 04/02/25 04/11/25 15 04/16/25 04/25/25 16 04/30/25 05/09/25 17 05/14/25 05/23/25 18 05/28/25 06/06/25 19 06/11/25 06/20/25 20 06/25/25 07/04/25 21 07/09/25 07/18/25 22 07/23/25 08/01/25 23 08/06/25 08/15/25 24 08/20/25 08/29/25 25 09/03/25 09/12/25 26 09/17/25 09/26/25 27 10/01/25 10/9/25 (September business) 28 10/15/25 10/23/25 (September business) FY25 City of Clearwater Charting the Course for Youth Page 26 of 28 Docusign Envelope ID: 545739A3-73C8-421D-A9E9-EC0A3D84EF02 Attachment 4 Document Submittal Chart This chart is intended as a guide. Submittals required in the General and Special Conditions of the Agreement supersede this guide. Provider Document Time Frame Submit To Approved program methodology Throughout the period of the Agreement Agency Specific JWB Secure Portal Site Most Recent Audit Immediately upon receipt by the Provider's board or not to exceed 180 days of the close of the Provider's fiscal year Agency Specific JWB Secure Portal Site Fee Schedules Within thirty (30) calendar days of the effective date of this agreement and upon making changes to the fee schedule Agency Specific JWB Secure Portal Site Monitoring, Site Visit, Accreditation and Licensing Reports No more than thirty (30) calendar days following Provider receipt Agency Specific JWB Secure Portal Site Notification of Change in Participant and/or Finance Data Base Within ninety (90) calendar days in advance of any changes Email to JWB Chief Executive Officer Board Member List- Waived Within thirty (30) calendar days of the effective date of this agreement and approval of any change of board composition Agency Specific JWB Secure Portal Site Subcontracts- Waived in the case of independent providers of tutoring and overlay providers Within thirty (30) calendar days of the effective date of this Agreement and upon revision, amendment and execution thereafter. Agency Specific JWB Secure Portal Site Incident Reports Within one (1) business day of knowledge of any incident IRreviewteam@jwbpinellas.org FY25 City of Clearwater Charting the Course for Youth Page 27 of 28 Docusign Envelope ID: 545739A3-73C8-421D-A9E9-EC0A3D84EF02 Executive Director Affidavit (Providers using VECHS)- Not applicable Within thirty (30) calendar days of the effective date of this Agreement and upon change of staff in this position Agency Specific JWB Secure Portal Site Procedure for General Condition #18 -Provider Staff Background Checks (Providers using VECHS)- Not Applicable Within thirty (30) calendar days of the effective date of this Agreement Agency Specific JWB Secure Portal Site Insurance Documentation- Waived unless services are Subcontracted Throughout the period of the Agreement and with renewal or replacement at least fifteen (15) calendar days prior to the expiration or termination of such insurance. Agency Specific JWB Secure Portal Site Documents Available Upon Request Provider Document Time Frame COOP Available for review by JWB personnel upon request. Board Training (Outline of topics, members in attendance, and who provided training) Available for review by JWB personnel upon request. Drug-Free Workplace policy Available for review by JWB personnel upon request. FY25 City of Clearwater Charting the Course for Youth Page 28 of 28 Docusign Envelope ID: 545739A3-73C8-421D-A9E9-EC0A3D84EF02 Attachment 5 City of Clearwater Charting the Course for Youth Performance Measurement 10/1/2024 - 9/30/2025 Outcome Measure Target Description Notes 90% of eligible participants will indicate satisfaction in all applicable domains in the program's OST survey. The survey assesses participant opinions about satisfaction in the program, including in the domains of program engagement, SEL, leadership, academics, STEAM, and healthy decision making. Eligibility is defined as being enrolled in grades 3 or higher, enrolled before January, and active during the administration period (April). The denominator includes all participants who are eligible, while the numerator counts the number of people, out of those eligible, who took the survey. Applicable domains include program engagement, SEL, academics, and STEAM. 95% of participants will miss less than 10% of school days This will include both excused and unexcused absences from school. Eligibility: Participants who are enrolled between the months of Aug of the prior FY and May who have at least 30 days of programmatic attendance. % of youth participants that demonstrate learning gains on the FAST English Language Arts Learning gains are defined by Pinellas County Schools in accordance with guidelines from the Florida Department of Education. This measure is a baseline measure while sufficient data is collected in order to establish a target. % of youth participants that demonstrate learning gains on the FAST Mathematics Learning gains are defined by Pinellas County Schools in accordance with guidelines from the Florida Department of Education. This measure is a baseline measure while sufficient data is collected in order to establish a target. Process Measure Target Description Notes 65% of eligible participants continued in the program for at least two consecutive years. Eligibility: Any participant who could return to the program. Initially in the program 30 days. Currently in the program 30 days or more. Consecutive years: Served in two fiscal years back to back. 70% of eligible participants will attend 70% of program days or more Eligibility: Participants who attend the program for at least 30 days Docusign Envelope ID: 545739A3-73C8-421D-A9E9-EC0A3D84EF02 8/15/2024 | 6:27 PM EDT 8/16/2024 | 4:01 PM EDT 8/16/2024 | 4:10 PM EDT 8/19/2024 | 8:52 AM EDT 8/19/2024 | 11:57 AM EDT FY25 City of Clearwater Charting the Course for Youth Page 1 of 28 AGREEMENT Between THE JUVENILE WELFARE BOARD And City of Clearwater Charting the Course for Youth I. PURPOSE The Juvenile Welfare Board of Pinellas County, hereinafter referred to as "JWB", and City of Clearwater hereinafter referred to as "Provider", enter into this mutual Agreement, including all attachments referred to herein, for the period commencing October 1, 2024 and extending through September 30, 2025. This Agreement does not take effect and JWB has no responsibility for any of its obligations hereunder until this Agreement is executed by all parties to this Agreement. II. STAFF Provider agrees to employ staff, at its own expense, to execute services provided in accordance with this Agreement. Such individuals shall not be considered employees of JWB, and are subject to the supervision, personnel practices and policies of the Provider. Unless otherwise approved by JWB, all Provider staff shall meet qualifications as stated in the approved position profile on file at JWB and any approved revisions which are submitted during the term of this Agreement. III. SERVICES Provider offers after school programs for youth in North Pinellas County. The Ross Norton and North Greenwood Recreation Complexes serve children aged 6 through 18 year-round. The program incorporates enrichment activities that promote school success and healthy lifestyles, improve social skills, increase athletic abilities, and develop leadership skills. All activities include aspects of positive character development such as courage, teamwork, compassion, and responsibility. Provider agrees to deliver services as stated in the currently approved program methodology on file at JWB and to accomplish performance measures stated in Attachment 5, as determined by JWB, according to service areas stated in Attachment 2, and pursuant to the General Conditions stated in Section VIII and Special Conditions listed in Attachment 1. Any proposed changes in service delivery must be approved in writing by JWB in advance of making those changes and program methodologies shall subsequently be updated within thirty (30) calendar days of that approval. Costs associated with any unapproved changes in service delivery may not be reimbursed. IV. FUNDS The program budget for both JWB and other funds (if any) for accomplishing the above stated services must be approved in the JWB data system or other designated format before payment will commence. JWB agrees to reimburse up to $553,129 for services rendered pursuant to this Agreement. Docusign Envelope ID: 545739A3-73C8-421D-A9E9-EC0A3D84EF02 FY25 City of Clearwater Charting the Course for Youth Page 2 of 28 V. METHOD OF PAYMENT 1. JWB issues reimbursements in accordance with the schedule listed on Attachment 3. The Provider shall submit an accurate request for payment once a month. Reimbursements shall be made in timely manner on pace throughout the fiscal year in order to allow for a consistent and orderly delivery of services. Reimbursement requests shall be submitted timely and only for amounts actually incurred that should properly be reimbursed per this Agreement within reasonably needed amounts based on the budget and other funding sources. Request for payment must be accompanied by the appropriate documentation as prescribed by JWB. 2. Requests for advance funds may be made, consistent with JWB policy. VI. TERMINATION 1. It is the intent of JWB to ensure a consistent and orderly delivery of services. It is the further intent of JWB to terminate Agreements in those situations where such action is essential to the protection of its interests and the interests of children and families served by JWB, as determined solely by JWB. 2. In the event funds to finance this Agreement become unavailable, JWB may terminate the Agreement upon no less than twenty-four (24) hours' notice in writing to the Provider. Said notice shall be delivered in person, or by email, regular mail or delivery service. 3. JWB shall endeavor, whenever possible and consistent with its legal obligations and principles of prudent management, to provide sixty (60) calendar days' written notice for termination due to lack of funds. JWB shall be the final authority as to the availability of funds and extension of notice beyond the minimum time herein stated. 4. In addition to the rights as set forth in paragraph VI. 2 above, this Agreement may be terminated by JWB for any reason whatsoever upon twenty-four (24) hours' written notice. Said notice shall be delivered in person, or by email, regular mail or delivery service. 5. Provider shall only be compensated for services performed prior to the termination date. Provider may only terminate this Agreement upon sixty (60) calendar days' written notice to JWB delivered in person, or by email, regular mail or delivery service. 6. The above provisions shall not limit JWB's right to remedies at law or to damages. VII. COMMENCEMENT OF PAYMENT Unless specifically authorized by JWB, payment shall not be made for services rendered prior to the effective date of this Agreement. VIII. GENERAL CONDITIONS 1.Agreement Revisions This Agreement and its attachments constitute the contractual relationship between the Provider and JWB. If there is any discrepancy between program-related documents, this Agreement preempts all other documents. No amendment to this Agreement or its attachments may be made without the prior written approval of JWB and Provider, except as may be provided in General Condition #4. 2.Fiscal Responsibility Docusign Envelope ID: 545739A3-73C8-421D-A9E9-EC0A3D84EF02 FY25 City of Clearwater Charting the Course for Youth Page 3 of 28 a.Non-profit Providers and government entity Providers agree to maintain books, records, and documents in accordance with Generally Accepted Accounting Principles (GAAP) and practices which accurately and appropriately reflect all expenditures of funds listed in the approved budget on file at JWB. b.For-profit Providers agree to maintain books, records, and documents on an acceptable basis of accounting to include the cash basis of accounting known as Other Comprehensive Basis of Accounting (OCBOA). The method of accounting should be consistent with industry practices which accurately and appropriately reflect all expenditures of funds listed in the approved budget on file at JWB. c.Provider agrees that all financial records, including personnel and salary information and supporting documentation shall be subject at all times to inspection, review, or audit by JWB personnel or its duly authorized agent. d.Provider agrees to maintain and file with JWB in a timely fashion reports related to services provided under this Agreement. e.Provider agrees to retain all financial records, supporting documentation, statistical records, and any other documents pertinent to this Agreement for a period of five (5) years after termination of this Agreement. If an audit has been initiated and audit findings have not been resolved at the end of five (5) years, all records shall be retained until resolution of audit findings. f.Payments during Disaster Recovery: JWB agrees to support funded programs that are unable to provide normal services for a period of at least sixty (60) calendar days after a disaster has been declared, provided the program agrees to comply with requests of JWB. This period may be extended at the discretion of the Board upon recommendation of the Chief Executive Officer. Provider must file insurance and may file FEMA claims or apply for other federal funding and shall reimburse JWB for any amounts received from these sources that have previously been funded by JWB. The Provider shall maintain a Continuity of Operations Plan which shall be available for review by JWB personnel upon request. g.Provider agrees that salary adjustments for staff that are submitted to JWB for approval in budgets or budget amendments have been reviewed and approved by the Provider in accordance with its fiscal policies and adjustments can be sustained in future fiscal years. JWB shall not reimburse more than two (2) weeks of accrued leave for terminating employees. JWB shall not reimburse expenses not previously approved by JWB. h.Provider agrees to have a written conflict of interest policy and to obtain appropriate signed statements from its governing board members, officers, and employees on an annual basis. 3.Audit and Management Letter Non-profit Providers and government entity Providers agree to submit to JWB an independent audit of the financial statements of the entity in its entirety and any accompanying management letter(s) immediately upon receipt by the Provider's board, but within a period not to exceed one hundred and eighty (180) calendar days of the close of the Provider's fiscal year. In addition to the audit, Provider shall submit all auditor communications to the Provider board, including required communications and all adjustments, whether corrected or uncorrected. The audit must be performed by a firm licensed to perform audits in the State of Florida and conducted in accordance with generally accepted auditing standards and standards established by the American Institute of Certified Public Accountants. Docusign Envelope ID: 545739A3-73C8-421D-A9E9-EC0A3D84EF02 FY25 City of Clearwater Charting the Course for Youth Page 4 of 28 The Provider's auditor must comply with the Independence Rule and comply with the General Requirements for Performing Nonattest Services and Documentation Requirements When Providing Nonattest Services. Such nonattest services include: (1)financial statement preparation; (2) cash to accrual conversions; (3) reconciliations; (4) advisory services; (5) appraisal, valuation and actuarial services; (6) benefit plan administration; (7) bookkeeping, payroll and other disbursements including proposed standard, adjusting or correcting journal entries; (8) preparation of depreciation schedules; (9) business risk consulting; (10) corporate finance consulting (11) executive or employee recruiting; (12)forensic accounting; (13) hosting services; (14) information systems design, implementation or integration; (15)internal audit; (16) investment advisory or management; (17) tax services. The Provider is required to engage an audit firm that follows Government /Non-Profit Audit Standards when conducting the financial audit and that shows evidence of a peer review report completed every three (3) years. For-profit Providers agree to submit annual financial statements based on industry OCBOA standards prepared by an independent Certified Public Accounting Firm within a period not to exceed one hundred and eighty (180) calendar days of the close of the Provider's fiscal year. The financial statements must be prepared in accordance with applicable Preparation, Compilation and Review Standards. 4.Other Financial Support a.Provider shall report within ninety (90) calendar days any major changes in non-JWB revenue which would impact targeted service levels in JWB funded programs during the fiscal year. b.JWB funds shall not be used for expenditures also funded by other sources. JWB funds shall not be used to supplant other sources of revenue. c.Generally, JWB encourages use of its funds as financial match for securing funds from other sources. However, in such instances, Provider is required to obtain prior written approval to submit an application with JWB committed funds. d.Revenues earned in a JWB funded program must remain in that program as a condition of funding. e.Programs charging a fee for services supported by JWB funding must forward a copy of the fee schedule to JWB within thirty (30) calendar days of the effective date of this agreement and upon making changes to the fee schedule. 5.Program Monitoring and Data Quality Provider agrees to submit monitoring, site visit, accreditation, and licensing reports supplied by funding, accreditation, and licensing entities, as applicable, to JWB no more than thirty (30) calendar days following Provider receipt. Provider agrees to submit progress reports and other information in such format and at such times as may be prescribed by JWB (including JWB Databases, JWB Secure Portals, and Provider specific data collection systems), and to cooperate in monitoring activities including, but not limited to, access to sites, staff, fiscal and participant records, logs, participant rights and responsibilities policies, participant handbooks, grievance and complaint procedures, and the provision of related participant and participant rights information. Provider shall maintain and have available for audit inspection participant records for five (5) years post termination of services. Provider agrees to abide by the JWB Board Policy Section IV: JWB Funded Program Monitoring. Docusign Envelope ID: 545739A3-73C8-421D-A9E9-EC0A3D84EF02 FY25 City of Clearwater Charting the Course for Youth Page 5 of 28 Provider agrees to provide JWB representatives access, without presence of the Provider supervisor, to staff or program participants during any monitoring with or without advance notice. Youth participants will only be interviewed in group settings or with staff present unless parental consent is obtained. Provider staff shall adhere to JWB's Data Quality Manual and JWB's Financial Policies and Procedures for Funded Programs, and all staff who have any responsibility (supervisory or direct) for data entry shall be trained within thirty (30) calendar days of hire. The Provider is responsible for maintaining written policies and procedures for providing data to JWB in a timely manner. The Provider is responsible for maintaining user access to JWB’s Database, including workflow. The Provider is responsible for reviewing JWB Database and JWB Secure Portal User Access to ensure that all users are active employees with access to appropriate data systems and modules Provider staff who no longer need access to the JWB Database should have their access terminated immediately. The Provider is responsible for implementing appropriate procedures into their data policies to protect data and prevent accidental or malicious disclosure of participant information. Provider shall notify JWB no less than ninety (90) days prior to implementation of data system(s) used for participant and/or financial information that are used to share data with JWB. 6.Board Members and Training Provider shall submit to JWB an updated roster of board members to include the start date of all members within thirty (30) calendar days of the effective date of this Agreement and within thirty (30) calendar days of any change to board composition. Board member rosters shall also include the email, physical address, phone number, and place of employment for all board members. Orientation of new board members shall occur within two (2) months of the member joining the board and evidence of this orientation shall be maintained in Provider files. Training of new board members by an external trainer is required within six (6) months of joining the Provider board. Training must consist of the following topics: nonprofit governance, fiduciary risks, and liabilities. Evidence of training, including an outline of topics covered, the board members in attendance, and who provided the training, shall be available for review by JWB personnel upon request. Providers that are governmental entities, higher education institutions, and hospitals are exempt from this training requirement. 7.Nondiscrimination Providers receiving funding from JWB shall not discriminate against an employee, volunteer, or participant of the Provider on the basis of race, color, gender, religion, national origin, citizenship, disability, marital status, age, veteran status, sexual orientation, pregnancy, and genetic information, or any other legally protected category except that programs may target services for specific participant groups as defined in the application. Additionally, Providers receiving funds shall demonstrate the standards, policies, and practices necessary to render services in a manner that respects the worth of the individual and protects and preserves the dignity of people of diverse cultures, classes, races, religions, and ethnic backgrounds. 8.Publicizing of JWB Support - Endorsements Requests for endorsements that require a commitment of JWB resources shall be submitted to JWB for its consideration. However, endorsements which do not require JWB resources may be given to those Providers that support the focus and priorities of the JWB Board, at the discretion of the JWB Chief Executive Officer. JWB's Docusign Envelope ID: 545739A3-73C8-421D-A9E9-EC0A3D84EF02 FY25 City of Clearwater Charting the Course for Youth Page 6 of 28 logo must be visible at Provider's administrative and program sites, be featured on the Provider’s website, and be present on the following Provider materials as an acknowledgement of support: Annual report Program brochures and marketing materials Program stationery JWB's logo may not be used on any other publications requiring JWB resources without JWB approval. However, if a publication does not require a monetary commitment or indicate sponsorship, use of the JWB logo may be authorized at the sole discretion of the JWB Chief Executive Officer. 9.Legal Compliance Provider agrees that it will comply with all applicable laws, rules, and regulations. 10.Assignments and Subcontracts Provider shall not assign the responsibility of this Agreement to another party nor subcontract for any of the work contemplated under this Agreement, including transportation of participants, without prior written approval of JWB through an approved budget or other written approval on file at JWB. No such approval by JWB of any assignment or subcontract shall be deemed in any event or in any manner to provide for the incurrence of any obligation by JWB in addition to the total dollar amount stated in this Agreement. JWB shall have the right to require the Provider to replace any Subcontractor found, in the reasonable judgment of JWB, to be unacceptable. All such assignments or subcontracts shall be subject as applicable to the terms and General Conditions of this Agreement and to any conditions of approval that JWB shall deem necessary. Subcontracts for program service delivery described in the approved program methodology must be reviewed according to the Subcontract Assessment found on the Provider page of the JWB website. The assessment outlines elements that must be included in subcontracts. Subcontracts shall be submitted to JWB within thirty (30) calendar days of the effective date of this Agreement and upon revision, amendment and execution of the subcontract thereafter. To the extent Provider is permitted by JWB to subcontract any of provider's responsibilities under this agreement, the subcontracting entity or agency shall be obligated to assume all applicable obligations of the Provider under this agreement, including the obligation to preserve and maintain insurance as outlined in General Condition 25. Provider shall have full responsibility for the successful performance and completion of all subcontracted duties under this Agreement to the same extent as if the Provider performed such duties. The Provider shall be the sole point of contact for subcontracts with regard to all matters under this Agreement. Provider is responsible for monitoring subcontracts of JWB funded programs unless otherwise specified in a Special Condition of this Agreement. Documentation of monitoring of subcontracts shall be available for review by JWB personnel upon request. 11.Confidential Information Provider must follow all laws regarding confidentiality of information including, but not limited to, HIPAA. Provider shall not use or disclose any information which specifically identifies a recipient of services under this Agreement, and shall adopt appropriate procedures for employees' handling of confidential data with the following exceptions: a) such information may be revealed as may be necessary to conform to Fiscal Docusign Envelope ID: 545739A3-73C8-421D-A9E9-EC0A3D84EF02 FY25 City of Clearwater Charting the Course for Youth Page 7 of 28 Responsibility and Program Monitoring requirements as stated in the General Conditions of this Agreement; b) such information may be revealed as may be necessary pursuant to applicable federal, state, or local law and related regulations; and c) such information may be revealed with the written consent (authorization) of the recipient, or the recipient's responsible parent or guardian, where authorized by law. Provider is responsible to adopt appropriate policies, notifications, authorizations, and other relevant information that allows for the sharing of confidential information with JWB. The Provider shall also maintain in participant files a completed copy of a JWB-approved form for authorizing client consent to release information for each participant receiving services. As allowed by law and Provider policy, the Provider shall add JWB to consent forms including HIPAA consent forms to facilitate data sharing and implement the Fiscal Responsibility and Program Monitoring requirements as stated in the General Conditions of this Agreement and advise JWB within two (2) business days if a participant has withdrawn consent to share data and note this withdrawal of consent in the case file. JWB has full discretion as to the use of data and JWB owns all data once transferred to JWB. Provider shall obtain permission and license for the use of any and all photographs, videotaping, audio recordings, or written interviews/stories of participants, to include use of name, image and other identifiable information in connection with a press release, news story, testimonial, or story that may be viewed by the general public, and that the participant will not receive compensation for participation in the use of this information. For youth under the age of eighteen (18), Providers will obtain the signature of a parent or legal guardian. In no event should participant identifying information ever be emailed or faxed to JWB. In the event of an improper disclosure of participant information by Provider, Provider shall inform JWB of the improper disclosure and extent thereof within two (2) business days of becoming aware of the improper disclosure. Provider shall cooperate fully with JWB and take all necessary steps to correct and remedy any damage caused by the Provider's improper disclosure and to prevent future improper disclosure. Provider shall defend, indemnify and hold harmless JWB from any and all damages caused by the improper disclosure of any confidential information as defined by law including, but not limited to, Protected Health Information under HIPAA and any and all costs associated with remedying the disclosure. Provider shall defend, indemnify and hold harmless JWB from any and all damages caused by the improper disclosure as defined by law of any information including but not limited to personally identifiable information (PII) and protected health information (PHI) as required under HIPAA, HITECH and FIPA regulations or other information that is confidential and/or exempt from disclosure per F.S. 119. This provision shall survive the termination of this Agreement. Likewise, in the event of an improper disclosure of Provider's participant information by JWB, JWB shall inform Provider of the improper disclosure and extent thereof within two (2) business days of becoming aware of the improper disclosure. JWB shall cooperate fully with Provider and take all necessary steps to correct and remedy any damage caused by JWB's improper disclosure and to prevent future improper disclosure. JWB shall defend, indemnify and hold harmless Provider from any and all damages caused by JWB's improper disclosure and any and all costs associated with remedying the disclosure subject to the doctrine of sovereign immunity and limitations set forth in F.S. 768.28. Docusign Envelope ID: 545739A3-73C8-421D-A9E9-EC0A3D84EF02 FY25 City of Clearwater Charting the Course for Youth Page 8 of 28 12. Public Records JWB is a public entity subject to Florida's Public Records Law, which includes provisions relating to records retention, production, and confidentiality. For purposes of this section, Provider is also referred to as Contractor. Provider subcontracts that arise out of this Agreement must apply the entirety of this public records condition to the Subcontractor. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Juvenile Welfare Board of Pinellas County 14155 58th St. No., Ste. 100 Clearwater, FL 33760 (727) 453-5600 publicrecords@jwbpinellas.org Contractors acting on behalf of JWB must comply with 119.0701 and must: a.Keep and maintain public records required by JWB to perform the service. b.Upon request from JWB's custodian of public records, provide JWB with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in F.S. 119 or as otherwise provided by law. c.Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency. d.Upon completion of the contract, transfer, at no cost, to JWB all public records in possession of Contractor or keep and maintain public records required by JWB to perform the service. If the Contractor transfers all public records to JWB upon completion of the contract, Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to JWB, upon request from JWB's custodian of public records, in a format that is compatible with the information technology systems of JWB. In addition, Contractors should be aware that Social Security numbers are confidential and exempt from disclosure (119.071) and personal identifying information of a child or the parent or guardian of the child held by JWB or service provider under contract with JWB is exempt from disclosure (125.901(11)). There are many other exemptions in the law that Provider should be cognizant exist. However, for all Providers, any and all contracts between JWB and Provider, program methodology, budgets, requests for reimbursements, emails, other written correspondence and any other documents exchanged between the Provider and JWB are generally public records and will be disclosed in the sole discretion of JWB and must be retained in accordance with Florida's record retention policy. Providers should not provide any documents to JWB containing Trade Secrets, as defined by Docusign Envelope ID: 545739A3-73C8-421D-A9E9-EC0A3D84EF02 FY25 City of Clearwater Charting the Course for Youth Page 9 of 28 Florida statutes, F.S.688.002, or exempt or confidential and exempt information to JWB without specifically marking such document. By submitting any documents or information whatsoever to JWB, Provider agrees that JWB may use and disclose all information and documents submitted for any purpose JWB sees fit and that it is within JWB's sole discretion to determine if any information submitted is exempt from disclosure. Any Provider who receives a public records request for records pertaining to JWB or services funded by JWB, must advise JWB within two (2) business days of the records request and JWB and Provider will work together to respond to any such request. This provision shall survive termination of this Agreement. 13. Return of Funds Provider agrees to return to JWB any overpayment due to costs not incurred or costs disallowed pursuant to the terms of this Agreement and such funds shall be considered JWB funds and shall be refunded to JWB in accordance with its instructions. Should Provider fail to return said funds, Provider shall be responsible for all costs and fees of collection incurred by JWB including, but not limited to, attorney fees and court costs including any pre-suit collections fees and costs. This provision survives termination of this Agreement and return of funds for overpayment or disallowance will be required even if the overpayment or disallowance is discovered after this Agreement is terminated. 14. Special Situations and Incidents Provider agrees to inform JWB within one (1) business day of any circumstances or events which may reasonably be considered to jeopardize its capability to continue to meet its obligations under the terms of this Agreement. Participant incidents are required to be reported for situations that occur only while under the Provider's care and includes anything that may reflect negatively or critically upon JWB. Certain personnel are mandated by law to report their suspicions of child abuse, neglect, or abandonment to the Florida Abuse Hotline (1-800-96-ABUSE). All concerns regarding suspected abuse, neglect, or abandonment of a child or vulnerable adult by the Provider shall first be reported to the Florida Abuse Hotline and then reported to JWB. Incident reporting does not preclude mandated reporting requirements. Critical Incidents are defined as follows: Abduction - An incident in which an individual who does not have care and custody of a child has taken the child. Concerns of child abductions shall immediately be reported to the appropriate law enforcement personnel. Abuse or Neglect - Reasonable cause to suspect that a child has been harmed or is believed to be threatened with harm while in the Provider's care. Baker Act - A participant is involuntarily admitted for psychiatric care under Florida law for Baker Act during the course of service delivery regardless if the incident occurred while under Provider's care. Breach of Information - Sensitive, protected or confidential data has potentially been viewed, stolen or used by an individual unauthorized to do so. Elopement-When a minor participant leaves a setting without permission or authorization. Employee Arrest - Employee conduct or activity that results in potential liability to the Provider or JWB, death or harm to a participant, or results in a law violation, including falsification of official records. If an arrest is made for Docusign Envelope ID: 545739A3-73C8-421D-A9E9-EC0A3D84EF02 FY25 City of Clearwater Charting the Course for Youth Page 10 of 28 a potentially disqualifying offense under Level 2 background screening requirements, or if the arrest occurred while in the performance of an employee's official duties, the incident should be reported immediately. Investigation or Lawsuit - Any formal investigation or legal action brought against Provider which relates to the services funded by JWB or which may reasonably be considered to jeopardize its capability to continue to meet its obligations under the terms of this Agreement. Media Coverage or Public Inquiry - Media coverage or public reaction that may have an impact on the Provider or JWB's ability to protect and serve its participants, or other significant effect on the Provider or JWB. Participant Death - The death of any participant receiving JWB services, regardless if the death occurred while under Provider's care. Participant Illness - An illness of a participant requiring a response by Emergency Medical Services AND transport to a medical facility due to the severity of the illness while participant is attending the program. Participant Injury - A medical condition of a participant requiring a response by Emergency Medical Services AND transport to the hospital due to the severity of the medical condition or injury while the participant is attending the program. Note in both instances of Participant Illness and Participant Injury the parents may use Emergency Medical Services as transportation to the hospital - if it is used solely for this purpose an incident report is not required. In the event that the participant leaves the program and requires emergency care due to an injury or illness incurred at the program, an incident report should be completed when the program becomes aware. Sexual Battery - An allegation of sexual battery involving a participant or employee as evidenced by medical evidence or law enforcement involvement. Sexual battery includes participant on participant incidents, employee, agent or volunteer on participant, and participant on employee, agent or volunteer. Suicide Attempt - An act which clearly reflects the physical attempt by an active participant to cause his or her own death, which results in bodily injury requiring medical treatment by a licensed health care professional. In addition, the Provider shall notify JWB immediately upon knowledge of any action or incident involving Provider staff or volunteers that could potentially jeopardize the terms of this Agreement which includes misconduct, malfeasance during working hours, or any conduct that results in the arrest of a staff member or volunteer after hours. Within one (1) business day of knowledge of any incident, the Provider must submit electronically a completed Incident Report to IRreviewteam@jwbpinellas.org with full details and disposition of the incident, excluding identifying information such as name, date of birth, and address. In the event of a participant death please contact by phone the JWB Chief Program Officer within three (3) hours of knowledge of the incident. All email communications made or received by JWB members or staff are considered public records and are retained and, upon request, made available to the public and media in accordance with Chapter 119, Florida Statutes. Docusign Envelope ID: 545739A3-73C8-421D-A9E9-EC0A3D84EF02 FY25 City of Clearwater Charting the Course for Youth Page 11 of 28 Provider must adhere to the reporting requirements hereunder after the termination of this Agreement if Provider becomes aware of a Critical Incident after the termination of the Agreement if the Critical Incident occurred during the term of the Agreement and/or relates to the services funded by JWB. 15. Provider Staff Membership on Board Provider agrees that Provider staff shall not serve as voting members of the Provider's governing board. 16. Waiver JWB reserves the right to waive requirements of this Agreement and General Conditions where warranted by special circumstances. Any waiver shall be in writing and signed by JWB. 17. Provider & Program Data Maintained In 2-1-1 Database Provider agrees to maintain accurate and up-to-date Provider and program data in the 2-1-1 Tampa Bay Cares database. The Provider will review and update (as necessary) this data at least once annually. The Provider will list data for newly funded program(s) within thirty (30) calendar days of the date that JWB funds the program. This requirement applies to all programs accepting 2-1-1 referrals. 18. Provider Staff Background Checks All program staff and Provider staff (including employees, independent contractors, and staff of subcontractors), volunteers and those who may have access to youth participants are required to undergo and pass a national Level 2 background check that complies with the standards set forth in F.S. 435. Those individuals must provide written consent to the Provider to have documentation released to JWB which confirms no disqualifying offenses listed in F.S. 435.04. for which they have not received an exemption in accordance with Florida law. All staff and volunteers must continue to qualify to pass a Level 2 screening at all times and must notify their employer if at any time they no longer qualify to pass a Level 2 screening. Proof of Level 2 background clearance, including current executed Affidavits/Attestations of Good Moral Character, must be maintained at all times in the appropriate files and the screening repeated every five (5) years or more often in accordance with law or as requested by JWB. Provider must collect written consent for the release of this information to JWB for purposes of verification. This requirement applies to employees regardless of the funder supporting the position and all volunteers and subcontractors who may have access to youth. Volunteers and subcontractors who assist on an intermittent basis for less than ten (10) hours per month do not have to be screened if a person who meets the screening requirement of this section is always present and has the volunteer and subcontractor within his or her line of sight. The Provider is required to clearly document which volunteers meet the criteria for a Level 2 background screening and Affidavits/Attestations of Good Moral Character, and which are exempt according to the terms of this Agreement. The Provider's policy and practice for background screening must provide for adequate protection and must comply with all applicable laws and implementing regulations including, but not limited to F.S. 435. The Florida Department of Children and Families provides an exemption process under this statute. JWB does not provide an exemption or waiver process. Should a Provider not be statutorily authorized to receive a national Level 2 background check in accordance with F.S. 435, the Provider must still comply with the standards set forth in F.S. 435 through the Volunteer & Employee Criminal History System (VECHS) for background screening. Only in the event the Provider does not qualify to receive a national Level 2 background check in Docusign Envelope ID: 545739A3-73C8-421D-A9E9-EC0A3D84EF02 FY25 City of Clearwater Charting the Course for Youth Page 12 of 28 accordance with F.S. 435 and is not eligible to participate in VECHS, then the Provider must engage a third-party vendor to conduct a national background check and must comply with the standards as set forth in F.S. 435. Providers using VECHS, or any other third-party vendor which does not allow the release of background screening results to JWB, must sign and provide to JWB an affidavit which ensures compliance with the entirety of this section. This affidavit must be renewed annually by the Provider's Executive Director or equivalent and submitted within thirty (30) calendar days of the effective date of this Agreement and upon change of staff in this position. Provider must also provide a written procedure within thirty (30) calendar days of the effective date of this Agreement which outlines the process by which compliance is ensured with the entirety of this section, including the person responsible for conducting verification between results of VECHS information and the disqualifying offenses according to F.S 435. Personnel and volunteer files shall reflect who verified whether the employee or volunteer candidate passed the background screening according to F.S. 435.04. Provider agrees to submit to monitoring of personnel and volunteer files and other required documents to ensure compliance with this section. Monitoring will include, but not be limited to, review of training logs, position descriptions, applications, resumes, salary information, Affidavits/Attestations of Good Moral Character, the results of background screenings and Provider verification of staff credentials. Consents executed by employees and volunteers to release Affidavits/Attestations of Good Moral Character and background screening results, if permitted by law, will be provided to JWB for review. Providers shall not release Protected Health Information to JWB and Providers shall keep this information separate from personnel and volunteer files. Parental consent for JWB monitoring activities must be evident in the personnel and volunteer files of minors. 19. Human Trafficking Affidavit In accordance with F.S. 787.06(13), nongovernmental entity Providers must submit an affidavit under penalty of perjury in a form approved by JWB and executed by an officer or a representative of Provider attesting that Provider does not use coercion for labor or services as that term is defined in F.S. 787.06. 20. Link to JWB's Website Provider website shall include the JWB logo that links to the JWB website (www.jwbpinellas.org). 21. Drug-Free Workplace The Provider shall have and enforce a Drug and Alcohol Free Workplace Policy. Policy shall be available for review by JWB personnel upon request. 22. Public Entity Crimes Per Section 287.133, F.S., a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with a public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. Docusign Envelope ID: 545739A3-73C8-421D-A9E9-EC0A3D84EF02 FY25 City of Clearwater Charting the Course for Youth Page 13 of 28 23. JWB Policies and Procedures Provider agrees to follow all JWB applicable policies and procedures which are located on the JWB website at www.jwbpinellas.org and which are incorporated into this Agreement. Said policies include, but are not limited to, applicable Board policies, funding policies, JWB Financial Policies and Procedures for Funded Programs, security policies, JWB Data Quality Manual, and applicable policies that may be promulgated by JWB within its sole discretion from time to time. JWB reserves the right to change these policies from time to time within its sole discretion. JWB will provide a minimum of thirty (30) calendar days' notice to the Provider and it is the responsibility of the Provider to be in compliance with all applicable policies and procedures at all times. Provider is encouraged to provide certification of current accreditation by a recognized national accrediting body appropriate to the programming funded by JWB. Regardless of accreditation, the Provider must meet the highest professional standards established through its specific field. 24. Conflict of Interest The Provider must have no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance or services required hereunder. The Provider further represents that no person having any such interest shall be employed or subcontracted by the Provider during the Agreement term and any extensions. The Provider shall promptly notify JWB, in person, or by email, regular mail or delivery service, of all potential conflicts of interest for any prospective business association, interest, or other circumstance, which may influence or appear to influence the Providers judgment or quality of services being provided hereunder. Such written notification shall identify the prospective business association, interest or circumstance, the nature of work that the Provider may undertake and request an opinion of the JWB Chief Executive Officer as to whether the association, interest or circumstance would, in the opinion of JWB, constitute a conflict of interest if entered into by the Provider. JWB agrees to notify the Provider of its opinion, in person, or by email, regular mail or delivery service, within thirty (30) days of receipt of notification by the Provider. 25. Insurance Requirements The Provider will procure, pay for, and maintain, throughout the period of this Agreement, on behalf of the Provider and JWB, the following MINIMUM limits of basic insurance coverage with responsible companies, eligible to do business in the State of Florida, which maintain a rating of A-(VIII) or higher with A.M. Best. Companies not rated by A.M. Best may be used to satisfy this requirement if approved by JWB in writing. If insured by a company that is not rated by A.M. Best, the company must have been successfully operating in the State of Florida for a minimum of five consecutive years and JWB reserves the right to request a copy and review the company’s most recent annual report or audited financial statement to determine the financial viability of the organization, including an unencumbered net worth of $25 million or more. a.Workers' Compensation Such insurance shall comply with Chapter 440, Florida Statutes, as required by law. b.Commercial General Liability Docusign Envelope ID: 545739A3-73C8-421D-A9E9-EC0A3D84EF02 FY25 City of Clearwater Charting the Course for Youth Page 14 of 28 General Aggregate $3,000,000 Products/Completed Operations Aggregate $3,000,000 Personal and Advertising Injury $3,000,000 Each Occurrence $3,000,000 Such insurance shall be no more restrictive than that provided by the latest edition of the standard Commercial General Liability Form (Form CG 00 01) as filed for use in the State of Florida by the Insurance Services Office (ISO) without any restrictive endorsements other than any endorsements specifically required by ISO or the State of Florida. JWB and JWB's Board members, employees, volunteers, and agents shall be included as an "Additional Insured" on the Commercial General Liability coverage a form no more restrictive than ISO form CG 20 10 (Additional Insured - Owners, Lessees, or Provider). c.Automobile Such insurance shall cover all owned, hired and non-owned vehicles operated by, or on behalf of, the Provider. Combined single limit - (Vehicles transporting JWB Participants) $5,000,000 Combined single limit - (All other vehicles used in the performance of work under this Agreement) $500,000 [The determination of which of the Provider's vehicles will be subject to the limit stated above for "Vehicles transporting JWB Participants" and will be based upon the responses given by the Provider in the most recent JWB Insurance Survey.] Such insurance shall be no more restrictive than that provided by Section II (Liability Coverage) of the most recent version of the standard Business Auto Policy (ISO Form CA 00 01) without any restrictive endorsements, including coverage for liability contractually assumed, and shall cover all owned, non- owned, and hired autos used in the performance of the work under this Agreement. Providers that transport JWB Participants will be required to insure any vehicle used for such Participant transportation in the amount shown in the Participant Transportation section of the Automobile Insurance Requirements matrix. Such amount shall be determined by JWB based upon the maximum number of passengers per vehicle (including driver) in the vehicle being utilized. All other Provider vehicles are required to be insured in the amount shown in the matrix which corresponds to the rest of the Providers operations, excluding participant transportation. Providers that hire participant transportation services, excluding ride share and taxi services, shall be required to maintain verification of transportation vendor's automobile liability insurance limits in the same Docusign Envelope ID: 545739A3-73C8-421D-A9E9-EC0A3D84EF02 FY25 City of Clearwater Charting the Course for Youth Page 15 of 28 amount that the Provider would be required to maintain if Provider were providing the transportation services directly. Such amount shall be determined by JWB based upon the maximum number of passengers per vehicle (including driver) in the vehicle being utilized. The applicable limits can be found on JWB’s website. d.Professional Liability Each Claim $1,000,000 Annual Aggregate $1,000,000 Such insurance shall be on a form acceptable to JWB and shall cover Provider for those sources of liability arising out of the rendering or failure to render professional services in the performance of the services required in the Agreement including any hold harmless and/or indemnification agreement. If the Professional Liability is provided on a Claims Made Form, the retroactive date must be no later than the first date of this Agreement and such claims-made coverage must respond to all claims reported within three (3) years following the period for which coverage is required. e.Cyber Liability Each Claim $500,000 Annual Aggregate $500,000 The Cyber Liability insurance shall be on a form acceptable to JWB and shall cover Security & Privacy Liability and Breach Response Coverage, including Notification Expenses. If the Cyber Liability is provided on a Claims Made Form, the retroactive date must be no later than the first date of this Agreement and such claims-made coverage must respond to all claims reported within three (3) years following the period for which coverage is required. The required Cyber Liability coverage may be included as part of the Professional Liability coverage and limits required above. f.Abuse and Molestation Liability Each Claim $1,000,000 Annual Aggregate $1,000,000 Such insurance shall be on a form acceptable to JWB and shall cover Provider and its employees for liability arising out of any occurrence of abuse or molestation in relation to the work provided by Provider under the Agreement. Docusign Envelope ID: 545739A3-73C8-421D-A9E9-EC0A3D84EF02 FY25 City of Clearwater Charting the Course for Youth Page 16 of 28 If the Abuse and Molestation coverage is provided on a Claims Made Form, the retroactive date must be no later than the first date of this Agreement and such claims-made coverage must respond to all claims reported within three (3) years following the period for which coverage is required. g.Crime Insurance Such insurance shall be on a form acceptable to JWB and shall provide the following coverages in the following amounts: Employee Dishonesty:$300,000 Forgery or Alteration:$300,000 Robbery (on or off premises):$300,000 Computer Fraud:$300,000 Funds Transfer Fraud:$300,000 h.Watercraft Liability To the extent watercraft are utilized, Provider shall purchase and maintain insurance which shall, at a minimum, cover Provider for injuries or damage arising out of the use of all owned, non-owned, and hired watercraft. The insurance shall include JWB and JWB's Board members, employees, volunteers, and agents as additional insureds. The limits applicable to watercraft liability shall be: Each Occurrence/Annual Aggregate N/A i.Pollution Legal Liability Such insurance shall cover Provider for liability resulting from pollution or other environmental impairment arising out of, or in connection with, work performed under this Agreement, or which arises out of, or in connection with this Agreement, including coverage for cleanup of pollution conditions and third-party bodily injury and property damage claims arising from pollution conditions. Such insurance shall also include transportation coverage and non-owned disposal site coverage. Coverage must either be on an occurrence basis; or, if on a claims-made basis, the coverage must respond to all claims reported within three (3) years following the period for which coverage is required and which would have been covered had the coverage been on an occurrence basis. The minimum limits (inclusive of any amounts provided by an umbrella or excess policy) shall be: Each Claim N/A Docusign Envelope ID: 545739A3-73C8-421D-A9E9-EC0A3D84EF02 FY25 City of Clearwater Charting the Course for Youth Page 17 of 28 Annual Aggregate N/A JWB and JWB's Board members, employees, volunteers, and agents shall be included as an "Additional Insureds" on the policy. j.Drone Liability Each Claim N/A Annual Aggregate N/A Provider shall maintain liability coverage for both bodily injury and property damage naming "JWB and JWB's Board members, employees, volunteers, and agents" as additional insureds on a primary and non- contributory basis. k.Excess or Umbrella Insurance All required limits of insurance may be satisfied by the use of any combination of primary and excess/umbrella liability insurance coverages. All Certificates of Insurance for umbrella and excess liability policies should clearly indicate which underlying policies such excess or umbrella liability policies are applicable to on an excess basis. l.Evidence of Insurance Provider shall not commence work until the required insurance is in force and evidence of insurance meeting all of the requirements set forth herein has been provided to JWB. JWB at all times reserves the right to request such additional documentation and evidence of insurance as in its sole discretion it may require and the Provider hereby agrees to provide same. An appropriate Certificate of Insurance signed by an authorized representative of the insurer shall be satisfactory evidence of insurance. With respect to the Commercial General Liability, an appropriate Certificate of Insurance signed by an authorized representative of the insurer, and copies of the actual additional insured endorsement(s) as issued on the policy(ies), shall be satisfactory evidence of such insurance. Until such insurance is no longer required by this Agreement, Provider shall provide JWB with renewal or replacement evidence of insurance at least fifteen (15) calendar days prior to the expiration or termination of such insurance. Notwithstanding the prior submission of a Certificate of Insurance, copies of endorsements, or other evidence initially acceptable to JWB, if requested by JWB, Provider shall, within thirty (30) calendar days after receipt of a written request from JWB, provide JWB with a certified copy(ies) of the policy(ies) providing the coverage required herein. Provider may redact or omit, or cause to be redacted or omitted, those provisions of the policy or policies which are not relevant to the insurance required herein. m.Notice of Cancellation Docusign Envelope ID: 545739A3-73C8-421D-A9E9-EC0A3D84EF02 FY25 City of Clearwater Charting the Course for Youth Page 18 of 28 All required policies must be endorsed to provide JWB with thirty (30) calendar days' prior notice of cancellation. n.Primary and Non-Contributory The insurance provided by the Provider shall apply on a primary basis to and shall not require contribution from, any insurance maintained by JWB. Any insurance or self-insurance maintained by JWB shall be in excess of, and shall not contribute with, the insurance provided by Provider. o.Self-Insurance Notwithstanding any provision in this agreement to the contrary, and only with the prior written approval of JWB, the specified insurance requirements may be satisfied by a certification of a valid program of self- insurance established and maintained in accordance with all applicable Florida laws and regulations. p.Non-Waiver/Remedies Compliance with these insurance requirements shall not limit the liability of Provider, its subcontractors, sub-subcontractors, employees or agents. Any remedy provided to JWB or JWB's Board members, employees, volunteers, and agents by the insurance provided by Provider shall be in addition to and not in lieu of any other remedy (including, but not limited to, as an indemnitee of Provider) available to JWB under this Agreement or otherwise. Neither approval nor failure to disapprove insurance furnished by Provider shall relieve Provider from the responsibility to provide insurance as required by this Agreement. Provider shall provide JWB with renewal or replacement evidence of insurance at least fifteen (15) calendar days prior to the expiration or termination of such insurance. If Provider cannot meet this timeline, notification must be made to the assigned JWB Program Consultant and maintain communication until such time as evidence of insurance can be submitted to JWB. 26. Indemnification Provider shall defend, indemnify, and hold harmless JWB, its agents, and employees from and against any and all liabilities, claims, judgments, or actions including, but not limited to, attorney's fees and all costs that may hereafter at any time be made or brought by any person or entity on account of any claim including but not limited to, personal injury, property damage, loss of monies, civil rights violation, or discrimination allegedly caused in whole or part by any act or omission, including but not limited to, breach of contract, negligent act, wrongful act, intentional act, omission, and any acts of fraud or defalcation, of the Provider, its agents, employees, or subcontractors, arising out of or relating to its performance of this Agreement or for Provider's improper disclosure of confidential and/or exempt information, or failure to comply with F.S. 119 or any other applicable law, rule or regulation. In no event will the Provider be liable for or have any obligation to defend JWB against such liability, claims, judgments, or actions, including costs and attorney's fees, arising out of the sole negligent acts of JWB. This provision survives termination of the Agreement. 27. Certification that Provider is legally able to contract with JWB In compliance with F.S. 287.135(2)(a), a Provider is ineligible to and may not enter into a contract with JWB if the Docusign Envelope ID: 545739A3-73C8-421D-A9E9-EC0A3D84EF02 FY25 City of Clearwater Charting the Course for Youth Page 19 of 28 Provider is on the Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725 or is engaged in a boycott of Israel. In compliance with F.S. 287.135(2)(b), for contracts of $1 million or more, a Provider is ineligible to and may not enter into a contract with JWB if the Provider (1) is on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Section List, created pursuant to s. 215.473 or, (2) is engaged in business operations in Cuba or Syria. By entering into this Agreement, you are certifying that you are eligible to contract with JWB and are not participating in a boycott of Israel, are not on the Scrutinized Companies with Activities in Sudan List, are not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List and that you do not have business operations in Cuba or Syria. In addition, this Agreement may be terminated if Provider (1) has found to have submitted a false certification, (2) has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, (3) has been placed on the Scrutinized Companies with Activities In Sudan List or the Scrutinized Companies with Activities in The Iran Petroleum Energy Sector List; or (4) has been engaged in business operations in Cuba or Syria. 28. E-Verify In accordance with F. S. 448.095(5), no later than the first date of the term Agreement, Provider must register with and use the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all employees hired on or after the first date of the term Agreement and during the remainder of the term of this Agreement. Evidence may consist of, but is not limited to, providing notice of your E-Verify number. Instructions on how to provide proof of participation/E-Verify enrollment is on the U.S Department of Homeland Security’s E- Verify website. The statute also applies to subcontractors performing work under this Agreement. The subcontractor must use the E-Verify system for any employees it may hire during the term of this Agreement. The Subcontractors must provide affidavits stating the subcontractor does not employ, contract with, or subcontract with an unauthorized alien, as defined in F. S. § 448.095. Subcontractors are defined in F.S. 448.095 as a person or entity that provides labor, supplies or services to or for a contractor or another subcontractor in exchange for salary, wages, or other remuneration. Provider must maintain copies of all subcontractor affidavits for the duration of the JWB Agreement and these affidavits shall be subject at all times to inspection, review, or audit by JWB personnel or its duly authorized agent. Notwithstanding any other terms of this Agreement, if JWB has a good faith belief that you have knowingly hired, recruited or referred an alien who is not duly authorized to work by the immigration laws or the Attorney General of the United States, JWB shall terminate this Agreement. Provider may be liable for all costs associated with JWB securing the same services, inclusive, but not limited to, higher costs for the same services and rebidding costs (if necessary). Any challenge to termination under this provision must be filed in the Circuit Court no later than 20 calendar days after the date of termination. If this Agreement is terminated for a violation of the statute, Provider may not be awarded a public contract for a period of one (1) year after the date of termination. Docusign Envelope ID: 545739A3-73C8-421D-A9E9-EC0A3D84EF02 FY25 City of Clearwater Charting the Course for Youth Page 20 of 28 Chief Executive Officer: Juvenile Welfare Board of Pinellas County City Manager: City of Clearwater Beth A. Houghton Jennifer Poirrier Date Date Approved as to form: ____________________________________________ Melissa Isabel Date Senior Assistant City Attorney Attest: ____________________________________________ Rosemarie Call Date City Clerk Docusign Envelope ID: 545739A3-73C8-421D-A9E9-EC0A3D84EF02 8/19/2024 | 1:13 PM EDT FY25 City of Clearwater Charting the Course for Youth Page 21 of 28 Attachment 1 Special Conditions of the Agreement The following condition(s) applies to the Program: Charting the Course for Youth As a condition of JWB funding, the Provider and all facilities are required to maintain licensure by the Pinellas County Licensing Board (PCLB). Facilities not required to be licensed must maintain a Certificate of Substantial Compliance issued by PCLB. Facilities operated during the summer only are considered Summer Day Camps pursuant to PCLB current regulations. Should any Provider or facility's license or certification be revoked, not renewed, or suspended during the time services are being provided hereunder, the Provider must immediately notify JWB within twenty-four (24) hours in writing and said Provider or facility is no longer qualified to provide services to the Recipients under the terms of this Agreement. At all times during this Agreement, Provider and/or facility's license must be considered in Good Standing, which is defined as having no probationary license. If a probationary license is issued, this may result in JWB corrective action. Provider authorizes JWB to speak with PCLB, and any other entity regulating the Provider about anything relevant to Provider's childcare license, history of providing care or anything else deemed relevant by JWB. Should Provider be a party to any written agreement with the Early Learning Coalition (ELC) during the term of this Agreement, Provider must advise JWB in writing of the contract. If Provider’s contract with ELC is terminated at any time during this Agreement, Provider must, within twenty-four (24) hours, notify JWB in writing and Provider or facility may no longer be qualified to provide the services pursuant to this Agreement. At all times during this Agreement, Provider must be considered in Good Standing with ELC, which is defined as having no contract probation and no outstanding corrective action with ELC. If an ELC contract is in probationary status or terminated, this may result in JWB corrective action. Provider authorizes JWB to speak with ELC and any other entity regulating the Provider about anything relevant to Provider's ELC contract, childcare license, history of providing care or anything else deemed relevant by JWB. The Provider shall upload a Safety Around Water (SAW) end of the year report to JWB's Secure Portal or the JWB Participant Management System by October 15th. The report shall include aggregate data from the fiscal year including the total number of unduplicated youths served through SAW. The Provider will work with the assigned JWB Evaluator to implement the Florida Afterschool Network Quality Self-Assessment. The Provider must identify a self-assessment coordinator who will work with the JWB Evaluator to conduct the self-assessment. The self-assessment must be completed and associated performance improvement plan (as appropriate) must be established by the end of the fiscal year. Provider approved COST program shall adhere to the JWB approved Program Service Matrix Model Program Components for Out of School Time Programming. General Condition #10 - Assignments and Subcontracts- The last sentences of paragraph two and of paragraph three in this section are waived: Provider is exempted from submitting Subcontracts and Subcontract monitoring Docusign Envelope ID: 545739A3-73C8-421D-A9E9-EC0A3D84EF02 FY25 City of Clearwater Charting the Course for Youth Page 22 of 28 documentation for individual (not incorporated) providers of overlay services and tutoring services if said individuals of those services are not left alone with children. All other terms of General Condition #10 shall remain the same. General Condition #18 - Provider is waived from personnel file monitoring with JWB wherein the Provider has no non-compliances on PCLB’s most recent monitoring report/inspection checklist/complaint investigation in the area of Personnel and at the time of JWB monitoring is in full compliance with all PCLB regulations pertaining to Personnel, including, but not limited to, personnel records and background screening. JWB reserves the right to monitor personnel files at any time, including if a non-compliance is noted during PCLB’s monitoring/inspection/investigation and at any time JWB deems necessary. Provider will give JWB staff access to all PCLB monitoring reports/inspection checklist/complaint investigations. All other provisions of the Condition remain. All vehicles used by the Provider to transport any program participants in a JWB funded program must be equipped with an alarm system approved by the Department of Children and Families and meet the criteria in the Child Care/School Age (CC/SA) Facility Handbook that prompts the driver to inspect the vehicle for the presence of children before exiting the vehicle. Alarms must be installed and maintained according to the manufacturer’s recommendations. The following condition(s) applies to the Provider: City of Clearwater General Condition #11 - Confidential Information- fifth paragraph, the sentence that states, "Provider shall defend, indemnify and hold harmless JWB from any and all damages caused by the improper disclosure of any confidential information as defined by law including, but not limited to, Protected Health Information under HIPAA and any and all costs associated with remedying the disclosure." is stricken and replaced with the following: "Provider shall defend, indemnify, and hold harmless JWB from any and all damages caused by the provider's improper disclosure of any information including, but not limited to, Protected Health Information under HIPAA and any and all costs associated with remedying the disclosure subject to the doctrine of sovereign immunity and limitations set forth in F.S. 768.28." General Conditions #25 - Insurance Requirements are waived wherein the Provider maintains responsibility for the delivery of services. Should the Provider assign or subcontract any of the work contemplated under this Agreement to a non-governmental entity, or to a non-Florida governmental entity, this Insurance Requirements waiver is not applicable to the subcontracted services portion of the contract. Nongovernmental subcontractors and non-Florida governmental subcontractors must demonstrate compliance with the insurance requirements for all subcontracted services performed for Provider for JWB-funded programs. Provider is solely responsible for ensuring subcontractors of the Agreement are in compliance with the minimum insurance requirements as described in General Condition #25. Docusign Envelope ID: 545739A3-73C8-421D-A9E9-EC0A3D84EF02 FY25 City of Clearwater Charting the Course for Youth Page 23 of 28 General Condition #26 - Indemnification is replaced with "The Provider agrees to be fully responsible for all claims arising out of its own acts of negligence or its respective employees' acts of negligence when acting within the scope of their employment and agrees to be liable for any damages proximately caused thereby; provided, however, that the Provider's liability is subject to the monetary limitations and defenses imposed by section 768.28, F.S. Nothing herein is intended to serve as a waiver of sovereign immunity by the Provider, nor shall anything herein be construed as consent by the Provider to be sued by any third party for any cause or matter arising out of or related to this Agreement except to the extent provided by 768.28, F.S." General Condition #2f - The last sentence is waived: Provider is not required to submit a Continuity of Operations Plan to JWB. General Condition #2h - The sentence is waived. Due to the Provider being subject to the Code of Ethics for Public Officers and Employees, adopted by the Legislature as Part III of Chapter 112, Florida Statutes, the Provider is not required to have a written conflict of interest policy and to obtain appropriate signed statements from its governing board members, officers, and employees on an annual basis. General Condition #6 - Board Members and Training is waived. Docusign Envelope ID: 545739A3-73C8-421D-A9E9-EC0A3D84EF02 FY25 City of Clearwater Charting the Course for Youth Page 24 of 28 Attachment 2 Geographical Service Area Provider agrees whenever possible to maintain service sites which are accessible by public transportation and convenient to the target participant group. Provider will advise JWB of any changes made in service sites. The geographical service area for this agreement is as follows: Program Name Participants are eligible Countywide Participants are eligible who reside in the following ZIP codes: Participants are eligible from the following service areas: Charting the Course for Youth No Participants will primarily reside in zip codes 33755,and 33756. In addition, participants can reside in surrounding mid and north county zip codes. Docusign Envelope ID: 545739A3-73C8-421D-A9E9-EC0A3D84EF02 FY25 City of Clearwater Charting the Course for Youth Page 25 of 28 Attachment 3 Juvenile Welfare Board *In order to receive payment on Reimbursement Date,invoices/reimbursement request must be submitted to JWB by Close of Business on the Submission Due Date (Wednesday), to allow for proper review, and approval by JWB staff. ACCOUNTS PAYABLE SCHEDULE FY 2025 Pay#Submission Due Date * (Wednesday) Reimbursement Date (Friday) 1 10/02/24 10/11/24 2 10/16/24 10/25/24 3 10/30/24 11/08/24 4 11/13/24 11/22/24 5 11/27/24 12/06/24 6 12/11/24 12/20/24 7 12/25/24 01/03/25 8 01/08/25 01/17/25 9 01/22/25 01/31/25 10 02/05/25 02/14/25 11 02/19/25 02/28/25 12 03/05/25 03/14/25 13 03/19/25 03/28/25 14 04/02/25 04/11/25 15 04/16/25 04/25/25 16 04/30/25 05/09/25 17 05/14/25 05/23/25 18 05/28/25 06/06/25 19 06/11/25 06/20/25 20 06/25/25 07/04/25 21 07/09/25 07/18/25 22 07/23/25 08/01/25 23 08/06/25 08/15/25 24 08/20/25 08/29/25 25 09/03/25 09/12/25 26 09/17/25 09/26/25 27 10/01/25 10/9/25 (September business) 28 10/15/25 10/23/25 (September business) Docusign Envelope ID: 545739A3-73C8-421D-A9E9-EC0A3D84EF02 FY25 City of Clearwater Charting the Course for Youth Page 26 of 28 Attachment 4 Document Submittal Chart This chart is intended as a guide. Submittals required in the General and Special Conditions of the Agreement supersede this guide. Provider Document Time Frame Submit To Approved program methodology Throughout the period of the Agreement Agency Specific JWB Secure Portal Site Most Recent Audit Immediately upon receipt by the Provider's board or not to exceed 180 days of the close of the Provider's fiscal year Agency Specific JWB Secure Portal Site Fee Schedules Within thirty (30) calendar days of the effective date of this agreement and upon making changes to the fee schedule Agency Specific JWB Secure Portal Site Monitoring, Site Visit, Accreditation and Licensing Reports No more than thirty (30) calendar days following Provider receipt Agency Specific JWB Secure Portal Site Notification of Change in Participant and/or Finance Data Base Within ninety (90) calendar days in advance of any changes Email to JWB Chief Executive Officer Board Member List- Waived Within thirty (30) calendar days of the effective date of this agreement and approval of any change of board composition Agency Specific JWB Secure Portal Site Subcontracts- Waived in the case of independent providers of tutoring and overlay providers Within thirty (30) calendar days of the effective date of this Agreement and upon revision, amendment and execution thereafter. Agency Specific JWB Secure Portal Site Incident Reports Within one (1) business day of knowledge of any incident IRreviewteam@jwbpinellas.org Docusign Envelope ID: 545739A3-73C8-421D-A9E9-EC0A3D84EF02 FY25 City of Clearwater Charting the Course for Youth Page 27 of 28 Executive Director Affidavit (Providers using VECHS)- Not applicable Within thirty (30) calendar days of the effective date of this Agreement and upon change of staff in this position Agency Specific JWB Secure Portal Site Procedure for General Condition #18 -Provider Staff Background Checks (Providers using VECHS)- Not Applicable Within thirty (30) calendar days of the effective date of this Agreement Agency Specific JWB Secure Portal Site Insurance Documentation- Waived unless services are Subcontracted Throughout the period of the Agreement and with renewal or replacement at least fifteen (15) calendar days prior to the expiration or termination of such insurance. Agency Specific JWB Secure Portal Site Documents Available Upon Request Provider Document Time Frame COOP Available for review by JWB personnel upon request. Board Training (Outline of topics, members in attendance, and who provided training) Available for review by JWB personnel upon request. Drug-Free Workplace policy Available for review by JWB personnel upon request. Docusign Envelope ID: 545739A3-73C8-421D-A9E9-EC0A3D84EF02 FY25 City of Clearwater Charting the Course for Youth Page 28 of 28 Attachment 5 City of Clearwater Charting the Course for Youth Performance Measurement 10/1/2024 - 9/30/2025 Outcome Measure Target Description Notes 90% of eligible participants will indicate satisfaction in all applicable domains in the program's OST survey. The survey assesses participant opinions about satisfaction in the program, including in the domains of program engagement, SEL, leadership, academics, STEAM, and healthy decision making. Eligibility is defined as being enrolled in grades 3 or higher, enrolled before January, and active during the administration period (April). The denominator includes all participants who are eligible, while the numerator counts the number of people, out of those eligible, who took the survey. Applicable domains include program engagement, SEL, academics, and STEAM. 95% of participants will miss less than 10% of school days This will include both excused and unexcused absences from school. Eligibility: Participants who are enrolled between the months of Aug of the prior FY and May who have at least 30 days of programmatic attendance. % of youth participants that demonstrate learning gains on the FAST English Language Arts Learning gains are defined by Pinellas County Schools in accordance with guidelines from the Florida Department of Education. This measure is a baseline measure while sufficient data is collected in order to establish a target. % of youth participants that demonstrate learning gains on the FAST Mathematics Learning gains are defined by Pinellas County Schools in accordance with guidelines from the Florida Department of Education. This measure is a baseline measure while sufficient data is collected in order to establish a target. Process Measure Target Description Notes 65% of eligible participants continued in the program for at least two consecutive years. Eligibility: Any participant who could return to the program. Initially in the program 30 days. Currently in the program 30 days or more. Consecutive years: Served in two fiscal years back to back. 70% of eligible participants will attend 70% of program days or more Eligibility: Participants who attend the program for at least 30 days Docusign Envelope ID: 545739A3-73C8-421D-A9E9-EC0A3D84EF02 Certificate Of Completion Envelope Id: 545739A373C8421DA9E9EC0A3D84EF02 Status: Completed Subject: FY25 City of Clearwater - CTCFY Agreement for Signature Source Envelope: Document Pages: 29 Signatures: 6 Envelope Originator: Certificate Pages: 6 Initials: 0 Desmon Newton AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-05:00) Eastern Time (US & Canada) 14155 58th Street North Clearwater, FL 33760 dnewton@jwbpinellas.org IP Address: 67.9.146.57 Record Tracking Status: Original 8/14/2024 4:31:05 PM Holder: Desmon Newton dnewton@jwbpinellas.org Location: DocuSign Signer Events Signature Timestamp Elaine Melkioty emelkioty@jwbpinellas.org Senior Manager, Program Administration JWB - Pinellas Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 35.137.197.201 Sent: 8/14/2024 4:44:45 PM Viewed: 8/15/2024 10:45:39 AM Signed: 8/15/2024 6:27:55 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Megan Seales mseales@jwbpinellas.org Senior Manager, Performance and Evaluation JWB - Pinellas Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 47.205.87.14 Sent: 8/15/2024 6:27:57 PM Resent: 8/16/2024 11:04:46 AM Viewed: 8/16/2024 4:00:32 PM Signed: 8/16/2024 4:01:50 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Stacey Gill sgill@jwbpinellas.org Sr Program Finance Manager JWB - Pinellas Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 65.35.26.7 Sent: 8/16/2024 4:01:52 PM Viewed: 8/16/2024 4:10:07 PM Signed: 8/16/2024 4:10:28 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Karen Boggess KBoggess@jwbpinellas.org Chief Program Officer Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 136.174.187.5 Sent: 8/16/2024 4:10:30 PM Viewed: 8/19/2024 8:50:28 AM Signed: 8/19/2024 8:52:29 AM Electronic Record and Signature Disclosure: Accepted: 8/19/2024 8:50:28 AM ID: 663d0c9d-fb31-4ff0-ba92-8ae8b75fb6ae Signer Events Signature Timestamp Robbi Stivers rstivers@jwbpinellas.org Chief Financial Officer Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 35.145.140.133 Sent: 8/19/2024 8:52:31 AM Viewed: 8/19/2024 11:52:17 AM Signed: 8/19/2024 11:57:07 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Beth Houghton bhoughton@jwbpinellas.org CEO Juvenile Welfare Board Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 47.201.200.154 Signed using mobile Sent: 8/19/2024 11:57:11 AM Viewed: 8/19/2024 1:00:23 PM Signed: 8/19/2024 1:13:07 PM Electronic Record and Signature Disclosure: Accepted: 8/19/2024 1:00:23 PM ID: 4beb6605-dc9a-4316-9681-a541c4fb96c4 In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Sandy Clayton Sandra.Clayton@myclearwater.com Security Level: Email, Account Authentication (None) Sent: 8/19/2024 11:57:09 AM Viewed: 8/19/2024 2:58:22 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Mallory Armstrong marmstrong@jwbpinellas.org Department Coordinator Security Level: Email, Account Authentication (None) Sent: 8/19/2024 1:13:09 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 8/14/2024 4:44:45 PM Envelope Updated Security Checked 8/15/2024 1:42:20 PM Envelope Updated Security Checked 8/15/2024 1:42:20 PM Certified Delivered Security Checked 8/19/2024 1:00:23 PM Signing Complete Security Checked 8/19/2024 1:13:07 PM Completed Security Checked 8/19/2024 1:13:09 PM Payment Events Status Timestamps Electronic Record and Signature Disclosure ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, Juvenile Welfare Board (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement by selecting the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system. Getting paper copies At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after the signing session and, if you elect to create a DocuSign account, you may access the documents for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per-page fee. You may request delivery of such paper copies from us by following the procedure described below. Withdrawing your consent If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below. Consequences of changing your mind If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us. All notices and disclosures will be sent to you electronically Electronic Record and Signature Disclosure created on: 8/13/2024 11:40:41 AM Parties agreed to: Karen Boggess, Beth Houghton Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us. How to contact Juvenile Welfare Board: You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows: To contact us by phone call: 727-453-5600 To contact us by email send messages to: sphillips@jwbpinellas.org To contact us by paper mail, please send correspondence to: Juvenile Welfare Board 14155 58th Street North Clearwater, FL 33760 To advise Juvenile Welfare Board of your new email address To let us know of a change in your email address where we should send notices and disclosures electronically to you, you must send an email message to us at sphillips@jwbpinellas.org and in the body of such request you must state: your previous email address, your new email address. We do not require any other information from you to change your email address. If you created a DocuSign account, you may update it with your new email address through your account preferences. To request paper copies from Juvenile Welfare Board To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an email to sphillips@jwbpinellas.org and in the body of such request you must state your email address, full name, mailing address, and telephone number. We will bill you for any fees at that time, if any. To withdraw your consent with Juvenile Welfare Board To inform us that you no longer wish to receive future notices and disclosures in electronic format you may: i. decline to sign a document from within your signing session, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may; ii. send us an email to sphillips@jwbpinellas.org and in the body of such request you must state your email, full name, mailing address, and telephone number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process.. Required hardware and software The minimum system requirements for using the DocuSign system may change over time. The current system requirements are found here: https://support.docusign.com/guides/signer-guide- signing-system-requirements. Acknowledging your access and consent to receive and sign documents electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please confirm that you have read this ERSD, and (i) that you are able to print on paper or electronically save this ERSD for your future reference and access; or (ii) that you are able to email this ERSD to an email address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format as described herein, then select the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system. By selecting the check-box next to ‘I agree to use electronic records and signatures’, you confirm that:  You can access and read this Electronic Record and Signature Disclosure; and  You can print on paper this Electronic Record and Signature Disclosure, or save or send this Electronic Record and Disclosure to a location where you can print it, for future reference and access; and  Until or unless you notify Juvenile Welfare Board as described above, you consent to receive exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by Juvenile Welfare Board during the course of your relationship with Juvenile Welfare Board. INDIVIDUAL SPEAKER Citizen Comment Card Name: Address: City: Circ /a-2 u6 707 Zip: --74.1 Telephone Number: 02("f f (i --63° 7 Email Address:Z - 1Ck.2-ts e e.,A- Speaking under citizens to be heard re items not on the agenda? Agenda item(s) to which you wish to speak: L - What is your position on the item? For Against Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#24-0901 Agenda Date: 9/4/2024 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Police Department Agenda Number: 6.4 SUBJECT/RECOMMENDATION: Approve an agreement with the Pinellas County Sheriff’s Office, Largo, Florida, in the amount not to exceed $528,522.50 for forensic crime scene processing, latent prints, property and evidence storage, and Pinellas Juvenile Assessment Center security services, during the one-year period commencing on October 1, 2024 through September 30, 2025, and authorize the appropriate officials to execute same. (consent) SUMMARY: The Pinellas County Sheriff’s Office (PCSO) and the Clearwater Police Department (CPD) began an annual contractual agreement for ancillary services in 1994 that have included forensic crime scene processing, latent fingerprint examination, property and evidence storage, and shared security costs for the Pinellas Juvenile Assessment Center. The total cost for the proposed agreement for Fiscal Year 2025 is $528,522.50, which reflects a 5.7% increase. Any funds remaining from unused services will be refunded to the city. After evaluation of the current year’s data, the projected numbers for each service for next year will remain the same. The agreement is based on the following projections and associated costs: -Forensic Crime Scene Processing - 900 cases at $303.26 each ($272,934.00). -Fingerprint Services - 450 cases at $111.48 each ($50,166.00). -Property and Evidence Storage - 11,650 items at $15.65 each ($182,322.50). -Juvenile Assessment Center - 275 juveniles booked at $84.00 each ($23,100.00). APPROPRIATION CODE AND AMOUNT: Funding for this contractual agreement, in the amount of $528,522.50, is included in the Police Department’s fiscal year 2025 operating budget request for cost code, 0101155-530300, contractual services. STRATEGIC PRIORITY: This project is relevant towards accomplishing the strategic goal of a High Performing Government, specifically strategic objective 1.4 to foster safe and healthy communities in Clearwater through first-class public safety and emergency response services. Page 1 City of Clearwater Printed on 9/3/2024 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#24-0902 Agenda Date: 9/4/2024 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Police Department Agenda Number: 6.5 SUBJECT/RECOMMENDATION: Approve a purchase order and renewal agreement to TriTech Software Systems, a CentralSquare Company, for the renewal of TriTech Software Support and Maintenance in the amount of $236,153.25 from October 1, 2024 through September 30, 2025, pursuant to Clearwater Code of Ordinances Section 2.563(1)(d), Impractical, and authorize the appropriate officials to execute same. (consent) SUMMARY: TriTech Software Systems and the Clearwater Police Department (CPD) began an annual contractual agreement in 2007 for an integrated computer aided dispatch (CAD) system. In May 2022, the police department and other county law enforcement agencies entered an interlocal agreement to create the Pinellas Regional Information Management Enterprise (PRIME) for the purpose of implementing Hexagon, a new countywide CAD and records management system (RMS). This monumental task is ongoing but has resulted in several delays and is currently not projected to be live until May 2025. As a result, it is necessary for the police department to renew the agreement with our current CAD system provider, Tri-Tech Software Systems. APPROPRIATION CODE AND AMOUNT: The total cost for the proposed renewal agreement for Fiscal Year 2025 is $236,153.25, which reflects a 5% increase. Funding for this contractual agreement is included in the Police Department’s fiscal year 2025 operating budget request for cost code 0101162-530300, contractual services. However, due to the delays in implementing the CAD and RMS system, PRIME has agreed to reimburse the city those maintenance costs in full. STRATEGIC PRIORITY: This project is relevant towards accomplishing the strategic goal of a High Performing Government, specifically strategic objective 1.4 to foster safe and healthy communities in Clearwater through first-class public safety and emergency response services. Page 1 City of Clearwater Printed on 9/3/2024 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#24-0977 Agenda Date: 9/4/2024 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Police Department Agenda Number: 6.6 SUBJECT/RECOMMENDATION: Approve an Event License Agreement between Jones Lang LaSalle Americas, Inc., in its capacity as agent for the owner of the premises known as Countryside Mall, located at 27001 US Highway 19 North, Clearwater, Florida, and the City of Clearwater Police Department for the purpose of hosting a Shred-A-Thon and Operation Medicine Cabinet event on October 26, 2024, located at the Countryside Mall and authorize the appropriate officials to execute same. (consent) SUMMARY: Jones Lang LaSalle Americas, Inc. and the Clearwater Police Department have entered into a cooperative agreement to allow the police department access to use the property at Countryside Mall during the Shred-A-Thon and Operation Medicine Cabinet event on October 26, 2024. The property manager requests the Clearwater Police Department (CPD) agree to the terms and conditions outlined in the Event License Agreement between Jones Lang LaSalle Americas, Inc., and CPD. Additionally, the property manager requests CPD hold harmless Jones Lang LaSalle Americas, Inc. from and against any and all loss liability, damage, cost or expense arising out of or related to CPD’s use of the property. Nothing in the agreement, however, shall be deemed a waiver of the limitations on liability contained in Section 768.28, Florida Statutes, or the doctrine of sovereign immunity. There are no costs associated with this Event License Agreement. STRATEGIC PRIORITY: 4.2 Adopt renewable resource usage and waste reduction practices to ensure a vibrant City for current and future generations. Page 1 City of Clearwater Printed on 9/3/2024 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#24-0978 Agenda Date: 9/4/2024 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Police Department Agenda Number: 6.7 SUBJECT/RECOMMENDATION: Approve an Event License Agreement between Jones Lang LaSalle Americas, Inc., in its capacity as agent for the owner of the premises known as Countryside Mall, located at 27001 US Highway 19 North, Clearwater, Florida, and the City of Clearwater Police Department for the purpose of hosting the National Night Out Event on October 1, 2024, located at the Countryside Mall and authorize the appropriate officials to execute same. (consent) SUMMARY: Jones Lang LaSalle Americas, Inc. and the Clearwater Police Department have entered into a cooperative agreement to allow the police department access to use the property at Countryside Mall during the National Night Out Event on October 1, 2024. The property manager requests the Clearwater Police Department (CPD) agree to the terms and conditions outlined in the Event License Agreement between Jones Lang LaSalle Americas, Inc., and CPD. Additionally, the property manager requests CPD hold harmless Jones Lang LaSalle Americas, Inc. from and against any and all loss liability, damage, cost or expense arising out of or related to CPD’s use of the property. Nothing in the agreement, however, shall be deemed a waiver of the limitations on liability contained in Section 768.28, Florida Statutes, or the doctrine of sovereign immunity. There are no costs associated with this Event License Agreement. STRATEGIC PRIORITY: 3.3 Promote marketing and outreach strategies that encourage stakeholder engagement, enhance community education, and build public trust. Page 1 City of Clearwater Printed on 9/3/2024 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#24-0979 Agenda Date: 9/4/2024 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Police Department Agenda Number: 6.8 SUBJECT/RECOMMENDATION: Approve acceptance of University of North Florida Training and Services Institute, Inc., d/b/a Institute of Police Technology and Management (IPTM), High Visibility Education (HVE) and Support Program for Pedestrian and Bicycle Safety Grant Award in the amount of $27,214.83 for police overtime and authorize the appropriate officials to execute same. (consent) SUMMARY: The Clearwater Police Department (CPD) submitted an application under the state HVE program to continue its grant-funded pedestrian and bicycle safety project. The grant has been officially awarded in the amount of $27,214.83 and CPD now seeks approval to accept it. CPD has conducted grant-funded comprehensive enforcement/education projects since March 2014 aimed at changing the behavior of all who use Clearwater’s roadways - pedestrians, bicyclists, and motorists. Due to the success of the previous projects, IPTM would like to see Clearwater continue to build upon what it has already accomplished. CPD will again carefully select a pool of patrol officers/sergeants for this project who have demonstrated a sincere interest and affinity for traffic, bicycle, and pedestrian enforcement. Enforcement will focus on areas with a high volume of pedestrian traffic and/or crashes as compared to other parts of the city. The project period for Tier 1 will commence upon execution of the contract and will end on or before May 9, 2025. Tier 2 locations commence February 1, 2025, through May 9, 2025. As with the previous grants, selected officers will receive specific training as required on traffic enforcement and educational opportunities with the public prior to implementation of the project. CPD will also work closely with the University during the project period to ensure accurate data collection and to advise of any problems or successes that are accomplished. CPD will continue to get the word out about the project through a variety of means. CPD’s Public Safety Information Officer will distribute a minimum of two releases, as outlined in the agreement. There will be no direct adverse impact to the Police Department annual operating budget nor is there a required match. APPROPRIATION CODE AND AMOUNT: Special project number G2414 - Pedestrian/Bicycle Safety Grant 2025, will be established to account for the grant revenues and expenditures. STRATEGIC PRIORITY: This project is relevant towards accomplishing the strategic goal of a High Performing Government, specifically strategic objective 1.4 to foster safe and healthy communities in Clearwater through first-class public safety and emergency response services. Page 1 City of Clearwater Printed on 9/3/2024 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#24-0953 Agenda Date: 9/4/2024 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Public Works Agenda Number: 6.9 SUBJECT/RECOMMENDATION: Approve the form of Standard Interconnection Agreements with Duke Energy Florida for city-owned renewable energy systems and authorize the appropriate officials to execute same. (consent) SUMMARY: The Standard Interconnection Agreement (SIA) outlines the terms and conditions for connecting a distributed renewable energy generation system to the Duke Energy Florida electrical grid. Investor-owned utilities are required by Florida Administrative Code 25-6.065 to adopt a Standard Interconnection Agreement with minimum terms as required by the rule, and to submit said agreements to the Florida Public Service Commission for approval. All solar energy systems or other renewable energy systems that are added to city-owned facilities or buildings and connected to the investor-owned utility’s electric grid will need to go through this standard agreement process. Completing this agreement is essential in ensuring that the City receives credits from the utility company for the corresponding amount of renewable energy produced on our own sites. Since the agreement requires the City to indemnify Duke Energy, the City Council must approve. The interconnection agreement may differ in three tiers based on the renewable energy system sizing: Tier 1 (10kW and less), Tier 2 (11kW to 100kW), and Tier 3 (more than 100kW). Please refer to the attachments for agreement samples. Also attached are the agreements for the three city-owned solar energy systems in Coachman Park that comprise of (2) Tier 1 SIA and (1) Tier 2 SIA which need to be executed: ·Bandshell Rooftop Solar System: 225 Drew St, Clearwater, FL - Tier 2 SIA ·Dockmaster Rooftop Solar System: 206 Pierce St, Clearwater, FL - Tier 1 SIA ·Event Restroom Rooftop Solar System: 303 Drew St, Clearwater, FL - Tier 1 SIA Renewable energy systems that are planned by city departments would usually be brought to Council for approval prior to construction and installation as part of the procurement of designers and contractors. It is the intent of this item, that going forward, if Council approves the construction of a renewable energy project, the city staff would then be authorized to execute the required interconnection agreement at project completion based on the terms and conditions of the Standard Agreement forms that are attached, notwithstanding the indemnification requirement. This will allow the City to quickly realize the return on investment into renewable energy projects by eliminating the need to return to Council for approval of the standard form agreement. STRATEGIC PRIORITY: Objectives 1.1 Provide evidence-based measurement tools to continually guide municipal performance and promote accountable governance; 1.5 Embrace a culture of innovation that drives continuous improvement and successfully serves all our customers; 4.1, Providing proactive climate resiliency strategies based on science; 4.2, Adopting renewable resource usage Page 1 City of Clearwater Printed on 9/3/2024 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#24-0925 Agenda Date: 9/4/2024 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: General Services Agenda Number: 6.10 SUBJECT/RECOMMENDATION: Authorize a Guaranteed Maximum Price (GMP) to Bandes Construction, for the installation of roof top solar panels at the Clearwater Gas System Complex and Solid Waste Transfer Station in the cumulative amount of $1,066,284.00 pursuant to RFQ 40-20, Construction Manager at Risk (CMAR) Continuing Contracts, and authorize the appropriate officials to execute same. (consent) SUMMARY: The City’s sustainability plan, Greenprint 2.0, includes reduction goals on greenhouse gas emissions. In 2022 McKim & Creed was hired by the city to provide a comprehensive solar feasibility study and cost benefit analysis of 41 city facilities. The three key assessment factors used in prioritizing city solar projects were: Levelized Cost of Energy, Internal Rate of Return, and Construction Costs, based on projected energy production rates and system size. Two of the facilities identified that closely align which each assessment factor are the Clearwater Gas System Complex and Solid Waste Transfer Station. The target values and projected facility values are as followed: Assessment Factor Target Range Gas Complex Solid Waste Transfer Station Levelized Cost of Energy (LCOE)<$0.060/kWh $0.034/kWh $0.039/kWh Unit Construction Cost (blended)<$2.00/W (DC)$1.54 $1.54 Internal Rate of Return >5% (discount rate)12.1%14.8% The financial performance of each proposed location assumes a 5% annual escalation of electric utility costs, as well as a solar panel degradation rate of 0.50% annually as recommended by McKim & Creed in the solar feasibility study. The installation of 343 solar panels on the roof top of Clearwater Gas System complex are projected to provide an initial annual electrical savings of $34,453.00 with an 8.3-year payback period. The panels will be producing an estimated 327,013-kilowatt hours of power annually which equates to 68.26% of the total power required to operate the facility. The cost to install solar at this facility will be $520,103.00, with a projected 12.1% Internal Rate of Return. The installation of 360 solar panels on the roof top of Solid Waste Transfer Station are projected to provide an initial annual electrical savings of $45,262.00 with a 6.7-year payback period. The panels will be producing an estimated 305,037-kilowatt hours of power annually which equates to 100% of the total power required to operate the facility. The cost to install solar at this facility will be $546,181.00, with a projected 14.8% Internal Rate of Return. On September 17, 2020, Council approved 13 Construction Manager at Risk (CMAR) contracts pursuant to RFQ 40-20, and Bandes Construction was one of the approved firms. Bandes Construction has a great understanding of the needs and required end results for this project. Also, Bandes Construction has completed numerous commercial solar projects in the Tampa Bay area. Bandes delivered a quality Page 1 City of Clearwater Printed on 9/3/2024 File Number: ID#24-0925 product, met designated timelines, and did so in a professional manner. APPROPRIATION CODE AND AMOUNT: 315-G2214, ARPA Solar Panels Funding is available in capital project G2214, ARPA Solar Panels, to fund this purchase order. This project was funded by an allocation of General Fund revenues made available due to receipt of ARPA revenue recovery funds. STRATEGIC PRIORITY: The installation of solar panels on the Clearwater Gas Complex and Solid Waste Transfer Station is supported by Strategic Plan Objectives 1.1, maintaining municipal performance, and promoting accountable governance; 1.2, maintaining public infrastructure; 4.1, providing proactive climate resiliency; and 4.2, adopting renewable resource usage. Page 2 City of Clearwater Printed on 9/3/2024 Project: City of Clearwater Gas Complex Solar Date: 07/29/2024 System Size: 202,370 W-DC Scope of Work: Construction Manager Bandes Construction (CMAR) will facilitate design services, product procurement, installation, commissioning, and training of solar power system for City of Clearwater Gas Complex located at 777 Maple Street, Clearwater, FL, 33755. The following scope of services will be provided as part of this contract: 1. Design Services: a. Engineering Site visit will be made to review site conditions including directional drilling scope b. Collaborate and develop full construction documents taking into account the nature of the site and building composition. c. Documents required to procure permit approval 2. Product Procurement: a. Acquisition of the 343 QCell panels and 3 Solis inverters b. Procurement of solar racking system, wiring, and ancillary materials required c. Coordination of all items to make a complete solar system 3. Installation: a. Ensure all work is installed and completed per the design documents to close out permit. b. Integrate new solar system into existing power system per code and industry standard. c. Ensure all work is completed per OSHA standards. d. Coordinate install with City of Clearwater personnel to minimize impact for day to day activities. 4. Testing and Commissioning: a. Commissioning system per manufacturer requirements to ensure design intent. b. Coordination of Duke interconnection agreement. c. Sign off and closing municipal permits 5. Training and Documentation: a. Facilitate training with City of Clearwater facilities management b. Furnish all pertinent Operation and Maintenance data to facilitate maintenance after warranty period. c. Provide as built drawings 2 Exclusions: - Conflicts with unknown utilities - Utility upgrades to existing infrastructure - Additional Testing - Any Additional insurances required by the utility or AHJ - Interconnection Study Fees - Prevailing Wadges - 3rd Party inspections - Civil analysis Fees Warranty: - Bandes Provides a 1 year warranty from the date of substantial completion. Warranty excludes any defects in owner supplied material or acts of god. - Transform Solar warranty provided with accompanying documents - Solar Panel Warranty 25 Years - Inverter Warranty 10 years - Racking Warranty 25 Years See below for our cost breakdown: Budget Breakdown Gas Complex Description Large Array Transform $ 419,230.00 P&P Bond $ 6,000.00 BR Insurance $ 1,500.00 General Liability $ 2,500.00 GC Fees $ 27,000.00 Sub Total $ 456,230.00 7% OH&P $ 31,937.00 7% Contingency $ 31,936.00 Total $ 520,103.00 ROI 8.3 Years Payment Terms as Follows: - 30% Contract Execution - 30% Construction Start Date - 30% Final Building Inspection - 10% Utility permission to operate 3 Project Schedule: Schedule Milestone Days 1 Site Survey 5 2 Engineering 30-45 3 Permitting 30-45 4 Install/Commissioning 30-45 5 Permission to Operate 30 We take a lot of pride in our “soup to nuts” construction process, with experienced preconstruction services as well as experienced active construction services. Please accept this proposal for turn key solar for the Solid Waste facility and Gas Complex. Thanks for your consideration, Jeremy Brown 727-433-1631 – jeremy.brown@bandesconstruction.com Prepared For Bandes Construction (727) 433-1631 Jeremy.Brown@bandesconstruction.com At Transform Solar, we base our business on professionalism and trust with every customer that partner with us for their project development. Every project we undertake is: Backed by 15+ years of solar and electrical industry experience. Quality controlled under the supervision of our principal and Master Electrician Performed by in-house crews with vetted installers and electricians Gas Complex - Large Array Prepared By Jason Humphrey (813) 803-2988 jason@transformsolarfl.com 4/22/2024 TABLE OF CONTENTS 1 Project Summary 3 2 Project Details 4 2.1 Clearwater - Gas Systems Complex 4 2.1.1 PV System Details 4 2.1.2 Rebates and Incentives 5 2.1.3 Utility Rates 6 2.1.4 Current Electric Bill 6 2.1.5 New Electric Bill 7 3 Cash Flow Analysis 8 3.1 Cash Purchase 8 4 Detailed Cash Flow Analysis 9 4.1 Cash Purchase 9 Prepared By: Jason Humphrey P: (813) 803-2988, E: jason@transformsolarfl.com Page 2 1 Project Summary Payment Options Cash Purchase IRR - Term 12.1% LCOE PV Generation $0.034 /kWh System Cost $419,230 General Contractor Fees $100,872 Total System Cost $520,103 Total Incentives $208,041 Net Payments $312,062 Payback Period 8.3 Years Electric Bill Savings - Term $1,502,347 COMBINED SOLAR PV RATING Power Rating:202,370 W-DC Power Rating:179,002 W-AC-CEC CUMULATIVE ENERGY COSTS BY PAYMENT OPTION Year 0 Year 4 Year 8 Year 12 Year 16 Year 20 Year 24 Year 28 $0 $500,000 $1,000,000 $1,500,000 $2,000,000 Cumulative Energy CostsAvoided Utility Cost Cash Purchase Prepared By: Jason Humphrey P: (813) 803-2988, E: jason@transformsolarfl.com Page 3 2 Project Details2.1 Clearwater - Gas Systems Complex2.1.1 PV System Details General Information Facility:Clearwater - Gas Systems Complex Address:777 Maple St Clearwater FL 33755 Solar PV Equipment Description Solar Panels:(343) QCells Q.PEAK DUO XL-G11S 590W Inverters:(3) Solis S6-GC60K-US Solar PV Equipment Typical Lifespan Solar Panels:Greater than 30 Years Inverters:16 Years Solar PV System Cost and Incentives Solar PV System Cost $520,103 Direct Pay ITC -$208,041 Net Solar PV System Cost $312,062 Solar PV System Rating Power Rating:202,370 W-DC Power Rating:179,002 W-AC-CEC Energy Consumption Mix Annual Energy Use:479,081 kWh Utility 152,068 kWh (31.74%) Solar PV 327,013 kWh (68.26%) Monthly Energy Use vs Solar Generation 1/01 - 2/012/01 - 3/013/01 - 4/014/01 - 5/015/01 - 6/016/01 - 7/017/01 - 8/018/01 - 9/019/01 - 10/0110/01 - 11/0111/01 - 12/0112/01 - 1/0110,000 20,000 30,000 40,000 50,000 Energy (kWh)Energy Use (kWh)Solar Generation (kWh) Prepared By: Jason Humphrey P: (813) 803-2988, E: jason@transformsolarfl.com Page 4 2.1.2 Rebates and Incentives This section summarizes all incentives available for this project. The actual rebate and incentive amounts for this project are shown in each example. Direct Pay, Investment Tax Credit (ITC) - 30% (with Adders) The Inflation Reduction Act (IRA) of 2022 contains a "direct pay" provision that enables certain tax-exempt customers, including state and local government, to receive a direct cash payment in lieu of an investment tax credit (ITC). Entities that qualify for direct pay are eligible to receive a 30% direct payment, assuming they meet the IRA established prevailing wage and apprenticeship requirements in order to qualify for the full 30% “increased rate”, rather than a 6% “base rate”. The IRA states that direct pay is only available for entities, including: an entity exempt from the tax, any State government (or political subdivision thereof), the Tennessee Valley Authority, an Indian tribal government, an Alaska Native Corporation, any corporation operating on a cooperative basis which is engaged in furnishing electric energy to persons in rural areas. These entities may take direct pay for solar and storage in the ITC and PTC as well as the ITC/PTC when tech neutral starts after 2025. In addition to the 30% ITC, the IRA establishes three different types of ITC “Adders”, which provide additional tax credits of up to 10% each, for projects that meet specified requirements. (1) Energy Community, projects sited in an “energy community”, which includes brownfield sites, census tracts where a coal mine closed after 1999 or a coal-fired power plant was retired after 2009, or areas where 25% of local tax revenues are related to the extraction, processing or storage of coal, oil, or natural gas at any time beginning in 2010. (2) Low-income, projects located in a qualified “low-income community”, which is defined as a census tract with a poverty rate of at least 20%, as well as a census tract where the median family income (MFI) is 80% or less of statewide MFI, or on “Indian land”, which is defined as land located within the boundaries of an Indian reservation or lands held by a tribe. (3) Domestic Content, for projects that meet specified domestic content requirements which will be set by Treasury, including 100% steel/iron for manufactured products with a 40% requirement through 2024 followed by 45% in 2025, 50% in 2026, and 55% in 2027 and beyond. Manufactured content is further explained: the products which are components of a qualified facility upon completion will be deemed to have been produced in the United States if the adjusted percentage of the total costs of all such manufactured products of the facility are attributable to manufactured products which are mined, produced, or manufactured in the United States. Total Incentive Value: $208,041 Prepared By: Jason Humphrey P: (813) 803-2988, E: jason@transformsolarfl.com Page 5 2.1.3 Utility Rates 2.1.4 Current Electric Bill The table below shows your annual electricity costs based on the most current utility rates and your previous 12 months of electrical usage. Rate Schedule: DUKE-FL - GSDT-1 Time Periods Energy Use (kWh)Max Demand (kW)Charges Bill Ranges & Seasons On Peak Off Peak Super Off-Peak NC / Max On Peak Mid Peak Other Energy Demand Total 1/1/2024 - 2/1/2024 S1 9,872 30,056 -119 119 119 $18 $3,967 $1,774 $5,758 2/1/2024 - 3/1/2024 S1 8,749 27,507 -120 120 120 $18 $3,597 $1,785 $5,400 3/1/2024 - 4/1/2024 S2 1,525 33,076 5,725 129 84 129 $18 $3,655 $1,826 $5,499 4/1/2023 - 5/1/2023 S2 1,422 36,977 6,197 166 34 166 $18 $4,040 $2,130 $6,187 5/1/2023 - 6/1/2023 S2 1,313 34,426 5,079 154 37 154 $18 $3,715 $2,013 $5,746 6/1/2023 - 7/1/2023 S2 1,332 34,138 4,585 154 45 154 $18 $3,658 $2,024 $5,700 7/1/2023 - 8/1/2023 S2 1,882 38,523 4,963 171 56 171 $18 $4,158 $2,210 $6,386 8/1/2023 - 9/1/2023 S2 1,703 35,188 4,312 150 48 150 $18 $3,782 $1,988 $5,788 9/1/2023 - 10/1/2023 S2 1,645 37,073 5,034 172 47 172 $18 $3,999 $2,208 $6,225 10/1/2023 - 11/1/2023 S2 1,672 35,290 5,461 168 34 168 $18 $3,862 $2,150 $6,030 11/1/2023 - 12/1/2023 S2 1,625 26,941 4,378 120 32 120 $18 $3,003 $1,663 $4,684 12/1/2023 - 1/1/2024 S1 7,435 23,978 -101 101 101 $18 $3,113 $1,568 $4,699 Total 40,175 393,173 45,734 ---$216 $44,548 $23,338 $68,102 The table below shows the rates associated with your current utility rate schedule (GSDT-1). Your estimated electric bills after solar are shown on the following page. Customer Charges Energy Charges Demand Charges Season Charge Type Rate Type GSDT-1 Season Charge Type Rate Type GSDT-1 Season Charge Type Rate Type GSDT- 1 S1 Flat Rate per billing period $16.51 S1 On Peak Import $0.10634 S1 Flat Rate Import $2.19 S2 Flat Rate per billing period $16.51 S1 Off Peak Import $0.08615 S2 Flat Rate Import $2.19 S2 On Peak Import $0.10634 S1 Flat Rate Import $4.80 S2 Off Peak Import $0.08615 S2 Flat Rate Import $4.80 S2 Super Off-Peak Import $0.05959 S1 On Peak Import $1.27 S1 Mid Peak Import $4.44 S2 On Peak Import $1.27 S2 Mid Peak Import $4.44 Prepared By: Jason Humphrey P: (813) 803-2988, E: jason@transformsolarfl.com Page 6 2.1.5 New Electric Bill Annual Electricity Savings: $34,453 Rate Schedule: DUKE-FL - GSDT-1 Time Periods Energy Use (kWh)Max Demand (kW)Charges Bill Ranges & Seasons On Peak Off Peak Super Off-Peak NC / Max On Peak Mid Peak Other Energy Demand Total 1/1/2024 - 2/1/2024 S1 8,006 10,555 -113 108 113 $18 $1,919 $1,641 $3,578 2/1/2024 - 3/1/2024 S1 6,444 5,898 -106 92 106 $18 $1,301 $1,548 $2,867 3/1/2024 - 4/1/2024 S2 894 2,462 5,725 118 78 118 $18 $707 $1,650 $2,374 4/1/2023 - 5/1/2023 S2 439 4,623 6,197 135 34 135 $18 $888 $1,760 $2,666 5/1/2023 - 6/1/2023 S2 59 863 5,079 128 27 128 $18 $418 $1,680 $2,116 6/1/2023 - 7/1/2023 S2 315 4,535 4,585 126 30 126 $18 $760 $1,664 $2,442 7/1/2023 - 8/1/2023 S2 719 10,260 4,963 148 40 148 $18 $1,369 $1,899 $3,286 8/1/2023 - 9/1/2023 S2 768 7,811 4,312 125 30 125 $18 $1,103 $1,654 $2,774 9/1/2023 - 10/1/2023 S2 1,152 12,298 5,034 139 33 139 $18 $1,615 $1,799 $3,432 10/1/2023 - 11/1/2023 S2 1,408 9,289 5,461 140 29 140 $18 $1,390 $1,803 $3,212 11/1/2023 - 12/1/2023 S2 1,605 4,253 4,378 91 32 91 $18 $870 $1,314 $2,202 12/1/2023 - 1/1/2024 S1 5,877 5,802 -97 91 97 $18 $1,226 $1,456 $2,700 Total 27,686 78,649 45,734 ---$216 $13,565 $19,868 $33,649 Prepared By: Jason Humphrey P: (813) 803-2988, E: jason@transformsolarfl.com Page 7 3 Cash Flow Analysis 3.1 Cash Purchase Assumptions and Key Financial Metrics IRR - Term 12.1%Net Present Value $383,868 Payback Period 8.3 Years ROI 228.9%PV Degradation Rate 0.50%Discount Rate 5.0% Energy Cost Escalation Rate 3.0%Federal Income Tax Rate 0.0%State Income Tax Rate 0.0% System Cost $419,230 General Contractor Fee $100,872 Total Project Costs $520,103 Years Project Costs Direct Pay ITC Electric Bill Savings State Tax Effect Federal Tax Effect Total Cash Flow Cumulative Cash Flow Upfront -$520,103 -----$520,103 -$520,103 1 -$208,041 $34,453 --$242,494 -$277,609 2 --$35,309 --$35,309 -$242,300 3 --$36,185 --$36,185 -$206,115 4 --$37,083 --$37,083 -$169,032 5 --$38,001 --$38,001 -$131,031 6 --$38,941 --$38,941 -$92,090 7 --$39,904 --$39,904 -$52,186 8 --$40,889 --$40,889 -$11,296 9 --$41,898 --$41,898 $30,601 10 --$42,930 --$42,930 $73,531 11 --$43,986 --$43,986 $117,518 12 --$45,067 --$45,067 $162,585 13 --$46,174 --$46,174 $208,759 14 --$47,306 --$47,306 $256,065 15 --$48,465 --$48,465 $304,530 16 --$49,650 --$49,650 $354,180 17 --$50,863 --$50,863 $405,043 18 --$52,105 --$52,105 $457,148 19 --$53,374 --$53,374 $510,522 20 --$54,674 --$54,674 $565,196 21 --$56,003 --$56,003 $621,199 22 --$57,362 --$57,362 $678,561 23 --$58,753 --$58,753 $737,314 24 --$60,176 --$60,176 $797,490 25 --$61,631 --$61,631 $859,121 26 --$63,119 --$63,119 $922,240 27 --$64,641 --$64,641 $986,881 28 --$66,198 --$66,198 $1,053,078 29 --$67,790 --$67,790 $1,120,868 30 --$69,417 --$69,417 $1,190,285 Totals:-$520,103 $208,041 $1,502,347 --$1,190,285 - Prepared By: Jason Humphrey P: (813) 803-2988, E: jason@transformsolarfl.com Page 8 4 Detailed Cash Flow Analysis 4.1 Cash Purchase Assumptions and Key Financial Metrics IRR - Term 12.1%Net Present Value $383,868 Payback Period 8.3 Years ROI 228.9%PV Degradation Rate 0.50%Discount Rate 5.0% Energy Cost Escalation Rate 3.0%Federal Income Tax Rate 0.0%State Income Tax Rate 0.0% System Cost $419,230 General Contractor Fee $100,872 Total Project Costs $520,103 Years Upfront 1 2 3 4 5 6 7 8 9 10 11 Cash Project Costs -$520,103 ----------- Direct Pay ITC -$208,041 ---------- Electric Bill Savings -$34,453 $35,309 $36,185 $37,083 $38,001 $38,941 $39,904 $40,889 $41,898 $42,930 $43,986 Cash Total -$520,103 $242,494 $35,309 $36,185 $37,083 $38,001 $38,941 $39,904 $40,889 $41,898 $42,930 $43,986 State Taxes Income Increase (Electric Bill Savings)--$34,453 -$35,309 -$36,185 -$37,083 -$38,001 -$38,941 -$39,904 -$40,889 -$41,898 -$42,930 -$43,986 Change in Taxable Income --$34,453 -$35,309 -$36,185 -$37,083 -$38,001 -$38,941 -$39,904 -$40,889 -$41,898 -$42,930 -$43,986 State Tax Liability ------------ Change in State Tax Liability ------------ Federal Taxes Income Increase (Electric Bill Savings)--$34,453 -$35,309 -$36,185 -$37,083 -$38,001 -$38,941 -$39,904 -$40,889 -$41,898 -$42,930 -$43,986 Change in State Tax Liability ------------ Change in Taxable Income --$34,453 -$35,309 -$36,185 -$37,083 -$38,001 -$38,941 -$39,904 -$40,889 -$41,898 -$42,930 -$43,986 Federal Tax Liability ------------ Change in Federal Tax Liability ------------ Total Cash Flow -$520,103 $242,494 $35,309 $36,185 $37,083 $38,001 $38,941 $39,904 $40,889 $41,898 $42,930 $43,986 Cumulative Cash Flow -$520,103 -$277,609 -$242,300 -$206,115 -$169,032 -$131,031 -$92,090 -$52,186 -$11,296 $30,601 $73,531 $117,518 Prepared By: Jason Humphrey P: (813) 803-2988, E: jason@transformsolarfl.com Page 9 4 Detailed Cash Flow Analysis 4.1 Cash Purchase Assumptions and Key Financial Metrics IRR - Term 12.1%Net Present Value $383,868 Payback Period 8.3 Years ROI 228.9%PV Degradation Rate 0.50%Discount Rate 5.0% Energy Cost Escalation Rate 3.0%Federal Income Tax Rate 0.0%State Income Tax Rate 0.0% System Cost $419,230 General Contractor Fee $100,872 Total Project Costs $520,103 Years 12 13 14 15 16 17 18 19 20 21 22 23 Cash Project Costs ------------ Direct Pay ITC ------------ Electric Bill Savings $45,067 $46,174 $47,306 $48,465 $49,650 $50,863 $52,105 $53,374 $54,674 $56,003 $57,362 $58,753 Cash Total $45,067 $46,174 $47,306 $48,465 $49,650 $50,863 $52,105 $53,374 $54,674 $56,003 $57,362 $58,753 State Taxes Income Increase (Electric Bill Savings)-$45,067 -$46,174 -$47,306 -$48,465 -$49,650 -$50,863 -$52,105 -$53,374 -$54,674 -$56,003 -$57,362 -$58,753 Change in Taxable Income -$45,067 -$46,174 -$47,306 -$48,465 -$49,650 -$50,863 -$52,105 -$53,374 -$54,674 -$56,003 -$57,362 -$58,753 State Tax Liability ------------ Change in State Tax Liability ------------ Federal Taxes Income Increase (Electric Bill Savings)-$45,067 -$46,174 -$47,306 -$48,465 -$49,650 -$50,863 -$52,105 -$53,374 -$54,674 -$56,003 -$57,362 -$58,753 Change in State Tax Liability ------------ Change in Taxable Income -$45,067 -$46,174 -$47,306 -$48,465 -$49,650 -$50,863 -$52,105 -$53,374 -$54,674 -$56,003 -$57,362 -$58,753 Federal Tax Liability ------------ Change in Federal Tax Liability ------------ Total Cash Flow $45,067 $46,174 $47,306 $48,465 $49,650 $50,863 $52,105 $53,374 $54,674 $56,003 $57,362 $58,753 Cumulative Cash Flow $162,585 $208,759 $256,065 $304,530 $354,180 $405,043 $457,148 $510,522 $565,196 $621,199 $678,561 $737,314 Prepared By: Jason Humphrey P: (813) 803-2988, E: jason@transformsolarfl.com Page 10 4 Detailed Cash Flow Analysis 4.1 Cash Purchase Assumptions and Key Financial Metrics IRR - Term 12.1%Net Present Value $383,868 Payback Period 8.3 Years ROI 228.9%PV Degradation Rate 0.50%Discount Rate 5.0% Energy Cost Escalation Rate 3.0%Federal Income Tax Rate 0.0%State Income Tax Rate 0.0% System Cost $419,230 General Contractor Fee $100,872 Total Project Costs $520,103 Years 24 25 26 27 28 29 30 Totals Cash Project Costs --------$520,103 Direct Pay ITC -------$208,041 Electric Bill Savings $60,176 $61,631 $63,119 $64,641 $66,198 $67,790 $69,417 $1,502,347 Cash Total $60,176 $61,631 $63,119 $64,641 $66,198 $67,790 $69,417 $1,190,285 State Taxes Income Increase (Electric Bill Savings)-$60,176 -$61,631 -$63,119 -$64,641 -$66,198 -$67,790 -$69,417 -$1,502,347 Change in Taxable Income -$60,176 -$61,631 -$63,119 -$64,641 -$66,198 -$67,790 -$69,417 -$1,502,347 State Tax Liability ------- Change in State Tax Liability -------- Federal Taxes Income Increase (Electric Bill Savings)-$60,176 -$61,631 -$63,119 -$64,641 -$66,198 -$67,790 -$69,417 -$1,502,347 Change in State Tax Liability -------- Change in Taxable Income -$60,176 -$61,631 -$63,119 -$64,641 -$66,198 -$67,790 -$69,417 -$1,502,347 Federal Tax Liability ------- Change in Federal Tax Liability -------- Total Cash Flow $60,176 $61,631 $63,119 $64,641 $66,198 $67,790 $69,417 $1,190,285 Cumulative Cash Flow $797,490 $859,121 $922,240 $986,881 $1,053,078 $1,120,868 $1,190,285 - Prepared By: Jason Humphrey P: (813) 803-2988, E: jason@transformsolarfl.com Page 11 Project: City of Clearwater Solid Waste Transfer Starion Solar Date: 07/29/2024 System Size: 202,370 W-DC Scope of Work: Construction Manager Bandes Construction (CMAR) will facilitate design services, product procurement, installation, commissioning, and training of solar power system for City of Clearwater Solid Waste Transfer Starion located at 1005 Old Coachman Rd, Clearwater, FL, 33765. The following scope of services will be provided as part of this contract: 1. Design Services: a. Engineering Site visit will be made to review site conditions. b. Collaborate and develop full construction documents considering the nature of the site and building composition. c. Documents required to procure permit approval 2. Product Procurement: a. Acquisition of the 360 QCell panels and 2 Solis inverters b. Procurement of solar racking system, wiring, and ancillary materials required c. Coordination of all items to make a complete solar system 3. Installation: a. Ensure all work is installed and completed per the design documents to close out permit. b. Integrate new solar system into existing power system per code and industry standard. c. Ensure all work is completed per OSHA standards. d. Coordinate install with City of Clearwater personnel to minimize impact for day to day activities. 4. Testing and Commissioning: a. Commissioning system per manufacturer requirements to ensure design intent. b. Coordination of Duke interconnection agreement. c. Sign off and closing municipal permits 5. Training and Documentation: a. Facilitate training with City of Clearwater facilities management b. Furnish all pertinent Operation and Maintenance data to facilitate maintenance after warranty period. c. Provide as built drawings Exclusions: 2 - Conflicts with unknown utilities - Utility upgrades to existing infrastructure - Additional Testing - Any Additional insurances required by the utility or AHJ - Interconnection Study Fees - Prevailing Wadges - 3rd Party inspections - Civil analysis Fees Warranty: - Bandes Provides a 1-year warranty from the date of substantial completion. Warranty excludes any defects in owner supplied material or acts of God. - Transform Solar warranty provided with accompanying documents - Solar Panel Warranty 25 Years - Inverter Warranty 10 years - Racking Warranty 25 Years See below for our cost breakdown: Budget Breakdown Solid Waste Description Large Array Transform $ 438,606.00 P&P Bond $ 7,000.00 BR Insurance $ 1,500.00 General Liability $ 3,000.00 GC Fees $ 29,000.00 Sub Total $ 479,106.00 7% OH&P $ 33,538.00 7% Contingency $ 33,537.00 Total $ 546,181.00 ROI 6.7 Years Payment Terms as Follows: - 30% Contract Execution - 30% Construction Start Date - 30% Final Building Inspection - 10% Utility permission to operate 3 Project Schedule: Schedule Milestone Days 1 Site Survey 5 2 Engineering 30-45 3 Permitting 30-45 4 Install/Commissioning 30-45 5 Permission to Operate 30 We take a lot of pride in our “soup to nuts” construction process, with experienced preconstruction services as well as experienced active construction services. Please accept this proposal for turn key solar for the Solid Waste facility and Gas Complex. Thanks for your consideration, Jeremy Brown 727-433-1631 – jeremy.brown@bandesconstruction.com Prepared For Bandes Construction (727) 433-1631 Jeremy.Brown@bandesconstruction.com At Transform Solar, we base our business on professionalism and trust with every customer that partner with us for their project development. Every project we undertake is: Backed by 15+ years of solar and electrical industry experience. Quality controlled under the supervision of our principal and Master Electrician Performed by in-house crews with vetted installers and electricians Solid Waste Transfer Station Prepared By Jason Humphrey (813) 803-2988 jason@transformsolarfl.com 4/22/2024 TABLE OF CONTENTS 1 Project Summary 3 2 Project Details 4 2.1 Clearwater - Solid Waste Transfer Station 4 2.1.1 PV System Details 4 2.1.2 Rebates and Incentives 5 2.1.3 Utility Rates 6 2.1.4 Current Electric Bill 6 2.1.5 New Electric Bill 7 3 Cash Flow Analysis 8 3.1 Cash Purchase 8 4 Detailed Cash Flow Analysis 9 4.1 Cash Purchase 9 Prepared By: Jason Humphrey P: (813) 803-2988, E: jason@transformsolarfl.com Page 2 1 Project Summary Payment Options Cash Purchase IRR - Term 14.8% LCOE PV Generation $0.039 /kWh System Cost $438,606 General Contractor Fees $107,575 Total System Cost $546,181 Total Incentives $218,472 Net Payments $327,709 Payback Period 6.7 Years Electric Bill Savings - Term $1,973,699 COMBINED SOLAR PV RATING Power Rating:212,400 W-DC Power Rating:185,013 W-AC-CEC CUMULATIVE ENERGY COSTS BY PAYMENT OPTION Year 0 Year 4 Year 8 Year 12 Year 16 Year 20 Year 24 Year 28 $0 $500,000 $1,000,000 $1,500,000 $2,000,000 $2,500,000 Cumulative Energy CostsAvoided Utility Cost Cash Purchase Prepared By: Jason Humphrey P: (813) 803-2988, E: jason@transformsolarfl.com Page 3 2 Project Details2.1 Clearwater - Solid Waste Transfer Station2.1.1 PV System Details General Information Facility:Clearwater - Solid Waste Transfer Station Address:S Old Coachman Rd Clearwater FL Solar PV Equipment Description Solar Panels:(360) QCells Q.PEAK DUO XL-G11S 590W Inverters:(2) Ginlong Technologies Solis-100K-5G-US Solar PV Equipment Typical Lifespan Solar Panels:Greater than 30 Years Inverters:18 Years Solar PV System Cost and Incentives Solar PV System Cost $546,181 Direct Pay ITC -$218,472 Net Solar PV System Cost $327,709 Solar PV System Rating Power Rating:212,400 W-DC Power Rating:185,013 W-AC-CEC Energy Consumption Mix Annual Energy Use:304,053 kWh Utility -984 kWh (0.00%) Solar PV 305,037 kWh (100.00%) Monthly Energy Use vs Solar Generation 1/01 - 2/012/01 - 3/013/01 - 4/014/01 - 5/015/01 - 6/016/01 - 7/017/01 - 8/018/01 - 9/019/01 - 10/0110/01 - 11/0111/01 - 12/0112/01 - 1/0115,000 20,000 25,000 30,000 35,000 Energy (kWh)Energy Use (kWh)Solar Generation (kWh) Prepared By: Jason Humphrey P: (813) 803-2988, E: jason@transformsolarfl.com Page 4 2.1.2 Rebates and Incentives This section summarizes all incentives available for this project. The actual rebate and incentive amounts for this project are shown in each example. Direct Pay, Investment Tax Credit (ITC) - 30% (with Adders) The Inflation Reduction Act (IRA) of 2022 contains a "direct pay" provision that enables certain tax-exempt customers, including state and local government, to receive a direct cash payment in lieu of an investment tax credit (ITC). Entities that qualify for direct pay are eligible to receive a 30% direct payment, assuming they meet the IRA established prevailing wage and apprenticeship requirements in order to qualify for the full 30% “increased rate”, rather than a 6% “base rate”. The IRA states that direct pay is only available for entities, including: an entity exempt from the tax, any State government (or political subdivision thereof), the Tennessee Valley Authority, an Indian tribal government, an Alaska Native Corporation, any corporation operating on a cooperative basis which is engaged in furnishing electric energy to persons in rural areas. These entities may take direct pay for solar and storage in the ITC and PTC as well as the ITC/PTC when tech neutral starts after 2025. In addition to the 30% ITC, the IRA establishes three different types of ITC “Adders”, which provide additional tax credits of up to 10% each, for projects that meet specified requirements. (1) Energy Community, projects sited in an “energy community”, which includes brownfield sites, census tracts where a coal mine closed after 1999 or a coal-fired power plant was retired after 2009, or areas where 25% of local tax revenues are related to the extraction, processing or storage of coal, oil, or natural gas at any time beginning in 2010. (2) Low-income, projects located in a qualified “low-income community”, which is defined as a census tract with a poverty rate of at least 20%, as well as a census tract where the median family income (MFI) is 80% or less of statewide MFI, or on “Indian land”, which is defined as land located within the boundaries of an Indian reservation or lands held by a tribe. (3) Domestic Content, for projects that meet specified domestic content requirements which will be set by Treasury, including 100% steel/iron for manufactured products with a 40% requirement through 2024 followed by 45% in 2025, 50% in 2026, and 55% in 2027 and beyond. Manufactured content is further explained: the products which are components of a qualified facility upon completion will be deemed to have been produced in the United States if the adjusted percentage of the total costs of all such manufactured products of the facility are attributable to manufactured products which are mined, produced, or manufactured in the United States. Total Incentive Value: $218,472 Prepared By: Jason Humphrey P: (813) 803-2988, E: jason@transformsolarfl.com Page 5 2.1.3 Utility Rates 2.1.4 Current Electric Bill The table below shows your annual electricity costs based on the most current utility rates and your previous 12 months of electrical usage. Rate Schedule: DUKE-FL - GS-1 Time Periods Energy Use (kWh)Charges Bill Ranges & Seasons Total Other Energy Total 1/1/2024 - 2/1/2024 S1 25,200 $16 $3,747 $3,763 2/1/2024 - 3/1/2024 S1 22,920 $16 $3,408 $3,424 3/1/2024 - 4/1/2024 S1 24,840 $16 $3,694 $3,710 4/1/2023 - 5/1/2023 S1 25,440 $16 $3,783 $3,799 5/1/2023 - 6/1/2023 S1 21,480 $16 $3,194 $3,210 6/1/2023 - 7/1/2023 S1 25,920 $16 $3,854 $3,870 7/1/2023 - 8/1/2023 S1 27,693 $16 $4,118 $4,134 8/1/2023 - 9/1/2023 S1 26,040 $16 $3,872 $3,888 9/1/2023 - 10/1/2023 S1 28,440 $16 $4,229 $4,245 10/1/2023 - 11/1/2023 S1 25,920 $16 $3,854 $3,870 11/1/2023 - 12/1/2023 S1 25,320 $16 $3,765 $3,781 12/1/2023 - 1/1/2024 S1 24,840 $16 $3,694 $3,710 Total 304,053 $192 $45,213 $45,405 The table below shows the rates associated with your current utility rate schedule (GS-1). Your estimated electric bills after solar are shown on the following page. Customer Charges Energy Charges Season Charge Type Rate Type GS-1 Season Charge Type Rate Type GS-1 S1 Flat Rate per billing period $16.02 S1 Flat Rate Import $0.1487 Prepared By: Jason Humphrey P: (813) 803-2988, E: jason@transformsolarfl.com Page 6 2.1.5 New Electric Bill Annual Electricity Savings: $45,262 Rate Schedule: DUKE-FL - GS-1 Time Periods Energy Use (kWh)Charges Bill Ranges & Seasons Total Other Energy Total 1/1/2024 - 2/1/2024 S1 6,291 $16 $935 $951 2/1/2024 - 3/1/2024 S1 1,477 $16 $220 $236 3/1/2024 - 4/1/2024 S1 -3,996 $16 $594 $578 4/1/2023 - 5/1/2023 S1 -6,228 $16 $926 $910 5/1/2023 - 6/1/2023 S1 -12,321 $16 $1,832 $1,816 6/1/2023 - 7/1/2023 S1 -3,966 $16 $590 $574 7/1/2023 - 8/1/2023 S1 -989 $16 $147 $131 8/1/2023 - 9/1/2023 S1 -1,043 $16 $155 $139 9/1/2023 - 10/1/2023 S1 4,829 $16 $718 $734 10/1/2023 - 11/1/2023 S1 2,154 $16 $320 $336 11/1/2023 - 12/1/2023 S1 5,332 $16 $793 $809 12/1/2023 - 1/1/2024 S1 7,476 $16 $1,112 $1,128 Total -984 $192 $49 $143 Prepared By: Jason Humphrey P: (813) 803-2988, E: jason@transformsolarfl.com Page 7 3 Cash Flow Analysis 3.1 Cash Purchase Assumptions and Key Financial Metrics IRR - Term 14.8%Net Present Value $589,177 Payback Period 6.7 Years ROI 301.4%PV Degradation Rate 0.50%Discount Rate 5.0% Energy Cost Escalation Rate 3.0%Federal Income Tax Rate 0.0%State Income Tax Rate 0.0% System Cost $438,606 General Contractor Fee $107,575 Total Project Costs $546,181 Years Project Costs Direct Pay ITC Electric Bill Savings Total Cash Flow Cumulative Cash Flow Upfront -$546,181 ---$546,181 -$546,181 1 -$218,472 $45,262 $263,734 -$282,447 2 --$46,387 $46,387 -$236,060 3 --$47,538 $47,538 -$188,522 4 --$48,717 $48,717 -$139,805 5 --$49,924 $49,924 -$89,881 6 --$51,159 $51,159 -$38,722 7 --$52,424 $52,424 $13,702 8 --$53,718 $53,718 $67,420 9 --$55,043 $55,043 $122,463 10 --$56,399 $56,399 $178,862 11 --$57,787 $57,787 $236,649 12 --$59,207 $59,207 $295,856 13 --$60,661 $60,661 $356,516 14 --$62,148 $62,148 $418,664 15 --$63,670 $63,670 $482,335 16 --$65,228 $65,228 $547,563 17 --$66,821 $66,821 $614,384 18 --$68,452 $68,452 $682,836 19 --$70,120 $70,120 $752,956 20 --$71,827 $71,827 $824,783 21 --$73,573 $73,573 $898,357 22 --$75,359 $75,359 $973,716 23 --$77,187 $77,187 $1,050,903 24 --$79,055 $79,055 $1,129,958 25 --$80,967 $80,967 $1,210,925 26 --$82,922 $82,922 $1,293,847 27 --$84,922 $84,922 $1,378,769 28 --$86,967 $86,967 $1,465,736 29 --$89,058 $89,058 $1,554,794 30 --$91,197 $91,197 $1,645,991 Totals:-$546,181 $218,472 $1,973,699 $1,645,991 - Prepared By: Jason Humphrey P: (813) 803-2988, E: jason@transformsolarfl.com Page 8 4 Detailed Cash Flow Analysis 4.1 Cash Purchase Assumptions and Key Financial Metrics IRR - Term 14.8%Net Present Value $589,177 Payback Period 6.7 Years ROI 301.4%PV Degradation Rate 0.50%Discount Rate 5.0% Energy Cost Escalation Rate 3.0%Federal Income Tax Rate 0.0%State Income Tax Rate 0.0% System Cost $438,606 General Contractor Fee $107,575 Total Project Costs $546,181 Years Upfront 1 2 3 4 5 6 7 8 9 10 11 12 Cash Project Costs -$546,181 ------------ Direct Pay ITC -$218,472 ----------- Electric Bill Savings -$45,262 $46,387 $47,538 $48,717 $49,924 $51,159 $52,424 $53,718 $55,043 $56,399 $57,787 $59,207 Cash Total -$546,181 $263,734 $46,387 $47,538 $48,717 $49,924 $51,159 $52,424 $53,718 $55,043 $56,399 $57,787 $59,207 Total Cash Flow -$546,181 $263,734 $46,387 $47,538 $48,717 $49,924 $51,159 $52,424 $53,718 $55,043 $56,399 $57,787 $59,207 Cumulative Cash Flow -$546,181 -$282,447 -$236,060 -$188,522 -$139,805 -$89,881 -$38,722 $13,702 $67,420 $122,463 $178,862 $236,649 $295,856 Prepared By: Jason Humphrey P: (813) 803-2988, E: jason@transformsolarfl.com Page 9 4 Detailed Cash Flow Analysis 4.1 Cash Purchase Assumptions and Key Financial Metrics IRR - Term 14.8%Net Present Value $589,177 Payback Period 6.7 Years ROI 301.4%PV Degradation Rate 0.50%Discount Rate 5.0% Energy Cost Escalation Rate 3.0%Federal Income Tax Rate 0.0%State Income Tax Rate 0.0% System Cost $438,606 General Contractor Fee $107,575 Total Project Costs $546,181 Years 13 14 15 16 17 18 19 20 21 22 23 24 25 Cash Project Costs ------------- Direct Pay ITC ------------- Electric Bill Savings $60,661 $62,148 $63,670 $65,228 $66,821 $68,452 $70,120 $71,827 $73,573 $75,359 $77,187 $79,055 $80,967 Cash Total $60,661 $62,148 $63,670 $65,228 $66,821 $68,452 $70,120 $71,827 $73,573 $75,359 $77,187 $79,055 $80,967 Total Cash Flow $60,661 $62,148 $63,670 $65,228 $66,821 $68,452 $70,120 $71,827 $73,573 $75,359 $77,187 $79,055 $80,967 Cumulative Cash Flow $356,516 $418,664 $482,335 $547,563 $614,384 $682,836 $752,956 $824,783 $898,357 $973,716 $1,050,903 $1,129,958 $1,210,925 Prepared By: Jason Humphrey P: (813) 803-2988, E: jason@transformsolarfl.com Page 10 4 Detailed Cash Flow Analysis 4.1 Cash Purchase Assumptions and Key Financial Metrics IRR - Term 14.8%Net Present Value $589,177 Payback Period 6.7 Years ROI 301.4%PV Degradation Rate 0.50%Discount Rate 5.0% Energy Cost Escalation Rate 3.0%Federal Income Tax Rate 0.0%State Income Tax Rate 0.0% System Cost $438,606 General Contractor Fee $107,575 Total Project Costs $546,181 Years 26 27 28 29 30 Totals Cash Project Costs ------$546,181 Direct Pay ITC -----$218,472 Electric Bill Savings $82,922 $84,922 $86,967 $89,058 $91,197 $1,973,699 Cash Total $82,922 $84,922 $86,967 $89,058 $91,197 $1,645,991 Total Cash Flow $82,922 $84,922 $86,967 $89,058 $91,197 $1,645,991 Cumulative Cash Flow $1,293,847 $1,378,769 $1,465,736 $1,554,794 $1,645,991 - Prepared By: Jason Humphrey P: (813) 803-2988, E: jason@transformsolarfl.com Page 11 To: Tom Wojtkiw, City of Clearwater, Building & Maintenance Division Head City of Clearwater, 1900 Grand AVE, Clearwater, FL, 33765 Thomas.Wojtkiw@MyClearwater.com / 727-224-7070 RE: City of Clearwater CMAR Solar Projects at Solid Waste and Gas Complex Monday July 23, 2024 Mr. Wojtkiw, Thank you for considering Bandes Construction’s proposal for design and construction services for CMAR Solar scope at Solid Waste Transfer Station and Clearwater Gas Complex. We have consulted with three solar companies and through the pre-bid process recommend moving forward with Transform Solar as our solar contractor. The following services will be provided as part of this contract. 1. Design Services: Will be done through Transform Solar. Bandes does not anticipate any Structural modification to the buildings being required for the added scope. The design will consist of permit documents required for the solar scope only. Anticipate 30-60 days from NTP. 2. Permitting Services: Apply for required permits. We expect the permitting process to take 60-90 days; due to the unknown turnaround by each municipality this duration is subject to change. 3. Interconnection Agreements: Work with Duke Energy through the interconnection agreement process from initial design through setting Duke’s net meter. 4. Construction Services: Project Management through pre-construction to project completion, job site supervision throughout construction process. Manage and complete the project within 90 days of receiving an approved permit. 2 See below for our costs on the large array per site: Budget Breakdown Gas Complex Budget Breakdown Solid Waste Description Large Array Description Large Array Transform $ 419,230.00 Transform $ 438,606.00 P&P Bond $ 6,000.00 P&P Bond $ 7,000.00 BR Insurance $ 1,500.00 BR Insurance $ 1,500.00 General Liability $ 2,500.00 General Liability $ 3,000.00 3 Months GC Fees $ 27,000.00 3 Months GC Fees $ 29,000.00 Sub Total $ 456,230.00 Sub Total $ 479,106.00 7% OH&P $ 31,937.00 7% OH&P $ 33,538.00 7% Contingency $ 31,936.00 7% Contingency $ 33,537.00 Total $ 520,103.00 Total $ 546,181.00 ROI 8.3 Years ROI 6.7 Years A breakdown of cost and selections will be provided in accompanying documents. Not included:  Unforeseen Utilities Conflicts Contingency Allowance Includes:  Unforeseen Conditions 3 Draw schedule as follows: - 30% to initiate design documents - 30% once permit is achieved - 30% once construction is completed - 10% once utility permission to operate is achieved We take a lot of pride in our “soup to nuts” construction process, with experienced preconstruction services as well as experienced active construction services. Please accept this proposal for turn key solar for the Solid Waste facility and Gas Complex. Thanks for your consideration, Jeremy Brown 727-433-1631 – jeremy.brown@bandesconstruction.com Prepared For Bandes Construction (727) 433-1631 Jeremy.Brown@bandesconstruction.com At Transform Solar, we base our business on professionalism and trust with every customer that partner with us for their project development. Every project we undertake is: Backed by 15+ years of solar and electrical industry experience. Quality controlled under the supervision of our principal and Master Electrician Performed by in-house crews with vetted installers and electricians Gas Complex - Large Array Prepared By Jason Humphrey (813) 803-2988 jason@transformsolarfl.com 4/22/2024 TABLE OF CONTENTS 1 Project Summary 3 2 Project Details 4 2.1 Clearwater - Gas Systems Complex 4 2.1.1 PV System Details 4 2.1.2 Rebates and Incentives 5 2.1.3 Utility Rates 6 2.1.4 Current Electric Bill 6 2.1.5 New Electric Bill 7 3 Cash Flow Analysis 8 3.1 Cash Purchase 8 4 Detailed Cash Flow Analysis 9 4.1 Cash Purchase 9 Prepared By: Jason Humphrey P: (813) 803-2988, E: jason@transformsolarfl.com Page 2 1 Project Summary Payment Options Cash Purchase IRR - Term 12.1% LCOE PV Generation $0.034 /kWh System Cost $419,230 General Contractor Fees $100,872 Total System Cost $520,103 Total Incentives $208,041 Net Payments $312,062 Payback Period 8.3 Years Electric Bill Savings - Term $1,502,347 COMBINED SOLAR PV RATING Power Rating:202,370 W-DC Power Rating:179,002 W-AC-CEC CUMULATIVE ENERGY COSTS BY PAYMENT OPTION Year 0 Year 4 Year 8 Year 12 Year 16 Year 20 Year 24 Year 28 $0 $500,000 $1,000,000 $1,500,000 $2,000,000 Cumulative Energy CostsAvoided Utility Cost Cash Purchase Prepared By: Jason Humphrey P: (813) 803-2988, E: jason@transformsolarfl.com Page 3 2 Project Details2.1 Clearwater - Gas Systems Complex2.1.1 PV System Details General Information Facility:Clearwater - Gas Systems Complex Address:777 Maple St Clearwater FL 33755 Solar PV Equipment Description Solar Panels:(343) QCells Q.PEAK DUO XL-G11S 590W Inverters:(3) Solis S6-GC60K-US Solar PV Equipment Typical Lifespan Solar Panels:Greater than 30 Years Inverters:16 Years Solar PV System Cost and Incentives Solar PV System Cost $520,103 Direct Pay ITC -$208,041 Net Solar PV System Cost $312,062 Solar PV System Rating Power Rating:202,370 W-DC Power Rating:179,002 W-AC-CEC Energy Consumption Mix Annual Energy Use:479,081 kWh Utility 152,068 kWh (31.74%) Solar PV 327,013 kWh (68.26%) Monthly Energy Use vs Solar Generation 1/01 - 2/012/01 - 3/013/01 - 4/014/01 - 5/015/01 - 6/016/01 - 7/017/01 - 8/018/01 - 9/019/01 - 10/0110/01 - 11/0111/01 - 12/0112/01 - 1/0110,000 20,000 30,000 40,000 50,000 Energy (kWh)Energy Use (kWh)Solar Generation (kWh) Prepared By: Jason Humphrey P: (813) 803-2988, E: jason@transformsolarfl.com Page 4 2.1.2 Rebates and Incentives This section summarizes all incentives available for this project. The actual rebate and incentive amounts for this project are shown in each example. Direct Pay, Investment Tax Credit (ITC) - 30% (with Adders) The Inflation Reduction Act (IRA) of 2022 contains a "direct pay" provision that enables certain tax-exempt customers, including state and local government, to receive a direct cash payment in lieu of an investment tax credit (ITC). Entities that qualify for direct pay are eligible to receive a 30% direct payment, assuming they meet the IRA established prevailing wage and apprenticeship requirements in order to qualify for the full 30% “increased rate”, rather than a 6% “base rate”. The IRA states that direct pay is only available for entities, including: an entity exempt from the tax, any State government (or political subdivision thereof), the Tennessee Valley Authority, an Indian tribal government, an Alaska Native Corporation, any corporation operating on a cooperative basis which is engaged in furnishing electric energy to persons in rural areas. These entities may take direct pay for solar and storage in the ITC and PTC as well as the ITC/PTC when tech neutral starts after 2025. In addition to the 30% ITC, the IRA establishes three different types of ITC “Adders”, which provide additional tax credits of up to 10% each, for projects that meet specified requirements. (1) Energy Community, projects sited in an “energy community”, which includes brownfield sites, census tracts where a coal mine closed after 1999 or a coal-fired power plant was retired after 2009, or areas where 25% of local tax revenues are related to the extraction, processing or storage of coal, oil, or natural gas at any time beginning in 2010. (2) Low-income, projects located in a qualified “low-income community”, which is defined as a census tract with a poverty rate of at least 20%, as well as a census tract where the median family income (MFI) is 80% or less of statewide MFI, or on “Indian land”, which is defined as land located within the boundaries of an Indian reservation or lands held by a tribe. (3) Domestic Content, for projects that meet specified domestic content requirements which will be set by Treasury, including 100% steel/iron for manufactured products with a 40% requirement through 2024 followed by 45% in 2025, 50% in 2026, and 55% in 2027 and beyond. Manufactured content is further explained: the products which are components of a qualified facility upon completion will be deemed to have been produced in the United States if the adjusted percentage of the total costs of all such manufactured products of the facility are attributable to manufactured products which are mined, produced, or manufactured in the United States. Total Incentive Value: $208,041 Prepared By: Jason Humphrey P: (813) 803-2988, E: jason@transformsolarfl.com Page 5 2.1.3 Utility Rates 2.1.4 Current Electric Bill The table below shows your annual electricity costs based on the most current utility rates and your previous 12 months of electrical usage. Rate Schedule: DUKE-FL - GSDT-1 Time Periods Energy Use (kWh)Max Demand (kW)Charges Bill Ranges & Seasons On Peak Off Peak Super Off-Peak NC / Max On Peak Mid Peak Other Energy Demand Total 1/1/2024 - 2/1/2024 S1 9,872 30,056 -119 119 119 $18 $3,967 $1,774 $5,758 2/1/2024 - 3/1/2024 S1 8,749 27,507 -120 120 120 $18 $3,597 $1,785 $5,400 3/1/2024 - 4/1/2024 S2 1,525 33,076 5,725 129 84 129 $18 $3,655 $1,826 $5,499 4/1/2023 - 5/1/2023 S2 1,422 36,977 6,197 166 34 166 $18 $4,040 $2,130 $6,187 5/1/2023 - 6/1/2023 S2 1,313 34,426 5,079 154 37 154 $18 $3,715 $2,013 $5,746 6/1/2023 - 7/1/2023 S2 1,332 34,138 4,585 154 45 154 $18 $3,658 $2,024 $5,700 7/1/2023 - 8/1/2023 S2 1,882 38,523 4,963 171 56 171 $18 $4,158 $2,210 $6,386 8/1/2023 - 9/1/2023 S2 1,703 35,188 4,312 150 48 150 $18 $3,782 $1,988 $5,788 9/1/2023 - 10/1/2023 S2 1,645 37,073 5,034 172 47 172 $18 $3,999 $2,208 $6,225 10/1/2023 - 11/1/2023 S2 1,672 35,290 5,461 168 34 168 $18 $3,862 $2,150 $6,030 11/1/2023 - 12/1/2023 S2 1,625 26,941 4,378 120 32 120 $18 $3,003 $1,663 $4,684 12/1/2023 - 1/1/2024 S1 7,435 23,978 -101 101 101 $18 $3,113 $1,568 $4,699 Total 40,175 393,173 45,734 ---$216 $44,548 $23,338 $68,102 The table below shows the rates associated with your current utility rate schedule (GSDT-1). Your estimated electric bills after solar are shown on the following page. Customer Charges Energy Charges Demand Charges Season Charge Type Rate Type GSDT-1 Season Charge Type Rate Type GSDT-1 Season Charge Type Rate Type GSDT- 1 S1 Flat Rate per billing period $16.51 S1 On Peak Import $0.10634 S1 Flat Rate Import $2.19 S2 Flat Rate per billing period $16.51 S1 Off Peak Import $0.08615 S2 Flat Rate Import $2.19 S2 On Peak Import $0.10634 S1 Flat Rate Import $4.80 S2 Off Peak Import $0.08615 S2 Flat Rate Import $4.80 S2 Super Off-Peak Import $0.05959 S1 On Peak Import $1.27 S1 Mid Peak Import $4.44 S2 On Peak Import $1.27 S2 Mid Peak Import $4.44 Prepared By: Jason Humphrey P: (813) 803-2988, E: jason@transformsolarfl.com Page 6 2.1.5 New Electric Bill Annual Electricity Savings: $34,453 Rate Schedule: DUKE-FL - GSDT-1 Time Periods Energy Use (kWh)Max Demand (kW)Charges Bill Ranges & Seasons On Peak Off Peak Super Off-Peak NC / Max On Peak Mid Peak Other Energy Demand Total 1/1/2024 - 2/1/2024 S1 8,006 10,555 -113 108 113 $18 $1,919 $1,641 $3,578 2/1/2024 - 3/1/2024 S1 6,444 5,898 -106 92 106 $18 $1,301 $1,548 $2,867 3/1/2024 - 4/1/2024 S2 894 2,462 5,725 118 78 118 $18 $707 $1,650 $2,374 4/1/2023 - 5/1/2023 S2 439 4,623 6,197 135 34 135 $18 $888 $1,760 $2,666 5/1/2023 - 6/1/2023 S2 59 863 5,079 128 27 128 $18 $418 $1,680 $2,116 6/1/2023 - 7/1/2023 S2 315 4,535 4,585 126 30 126 $18 $760 $1,664 $2,442 7/1/2023 - 8/1/2023 S2 719 10,260 4,963 148 40 148 $18 $1,369 $1,899 $3,286 8/1/2023 - 9/1/2023 S2 768 7,811 4,312 125 30 125 $18 $1,103 $1,654 $2,774 9/1/2023 - 10/1/2023 S2 1,152 12,298 5,034 139 33 139 $18 $1,615 $1,799 $3,432 10/1/2023 - 11/1/2023 S2 1,408 9,289 5,461 140 29 140 $18 $1,390 $1,803 $3,212 11/1/2023 - 12/1/2023 S2 1,605 4,253 4,378 91 32 91 $18 $870 $1,314 $2,202 12/1/2023 - 1/1/2024 S1 5,877 5,802 -97 91 97 $18 $1,226 $1,456 $2,700 Total 27,686 78,649 45,734 ---$216 $13,565 $19,868 $33,649 Prepared By: Jason Humphrey P: (813) 803-2988, E: jason@transformsolarfl.com Page 7 3 Cash Flow Analysis 3.1 Cash Purchase Assumptions and Key Financial Metrics IRR - Term 12.1%Net Present Value $383,868 Payback Period 8.3 Years ROI 228.9%PV Degradation Rate 0.50%Discount Rate 5.0% Energy Cost Escalation Rate 3.0%Federal Income Tax Rate 0.0%State Income Tax Rate 0.0% System Cost $419,230 General Contractor Fee $100,872 Total Project Costs $520,103 Years Project Costs Direct Pay ITC Electric Bill Savings State Tax Effect Federal Tax Effect Total Cash Flow Cumulative Cash Flow Upfront -$520,103 -----$520,103 -$520,103 1 -$208,041 $34,453 --$242,494 -$277,609 2 --$35,309 --$35,309 -$242,300 3 --$36,185 --$36,185 -$206,115 4 --$37,083 --$37,083 -$169,032 5 --$38,001 --$38,001 -$131,031 6 --$38,941 --$38,941 -$92,090 7 --$39,904 --$39,904 -$52,186 8 --$40,889 --$40,889 -$11,296 9 --$41,898 --$41,898 $30,601 10 --$42,930 --$42,930 $73,531 11 --$43,986 --$43,986 $117,518 12 --$45,067 --$45,067 $162,585 13 --$46,174 --$46,174 $208,759 14 --$47,306 --$47,306 $256,065 15 --$48,465 --$48,465 $304,530 16 --$49,650 --$49,650 $354,180 17 --$50,863 --$50,863 $405,043 18 --$52,105 --$52,105 $457,148 19 --$53,374 --$53,374 $510,522 20 --$54,674 --$54,674 $565,196 21 --$56,003 --$56,003 $621,199 22 --$57,362 --$57,362 $678,561 23 --$58,753 --$58,753 $737,314 24 --$60,176 --$60,176 $797,490 25 --$61,631 --$61,631 $859,121 26 --$63,119 --$63,119 $922,240 27 --$64,641 --$64,641 $986,881 28 --$66,198 --$66,198 $1,053,078 29 --$67,790 --$67,790 $1,120,868 30 --$69,417 --$69,417 $1,190,285 Totals:-$520,103 $208,041 $1,502,347 --$1,190,285 - Prepared By: Jason Humphrey P: (813) 803-2988, E: jason@transformsolarfl.com Page 8 4 Detailed Cash Flow Analysis 4.1 Cash Purchase Assumptions and Key Financial Metrics IRR - Term 12.1%Net Present Value $383,868 Payback Period 8.3 Years ROI 228.9%PV Degradation Rate 0.50%Discount Rate 5.0% Energy Cost Escalation Rate 3.0%Federal Income Tax Rate 0.0%State Income Tax Rate 0.0% System Cost $419,230 General Contractor Fee $100,872 Total Project Costs $520,103 Years Upfront 1 2 3 4 5 6 7 8 9 10 11 Cash Project Costs -$520,103 ----------- Direct Pay ITC -$208,041 ---------- Electric Bill Savings -$34,453 $35,309 $36,185 $37,083 $38,001 $38,941 $39,904 $40,889 $41,898 $42,930 $43,986 Cash Total -$520,103 $242,494 $35,309 $36,185 $37,083 $38,001 $38,941 $39,904 $40,889 $41,898 $42,930 $43,986 State Taxes Income Increase (Electric Bill Savings)--$34,453 -$35,309 -$36,185 -$37,083 -$38,001 -$38,941 -$39,904 -$40,889 -$41,898 -$42,930 -$43,986 Change in Taxable Income --$34,453 -$35,309 -$36,185 -$37,083 -$38,001 -$38,941 -$39,904 -$40,889 -$41,898 -$42,930 -$43,986 State Tax Liability ------------ Change in State Tax Liability ------------ Federal Taxes Income Increase (Electric Bill Savings)--$34,453 -$35,309 -$36,185 -$37,083 -$38,001 -$38,941 -$39,904 -$40,889 -$41,898 -$42,930 -$43,986 Change in State Tax Liability ------------ Change in Taxable Income --$34,453 -$35,309 -$36,185 -$37,083 -$38,001 -$38,941 -$39,904 -$40,889 -$41,898 -$42,930 -$43,986 Federal Tax Liability ------------ Change in Federal Tax Liability ------------ Total Cash Flow -$520,103 $242,494 $35,309 $36,185 $37,083 $38,001 $38,941 $39,904 $40,889 $41,898 $42,930 $43,986 Cumulative Cash Flow -$520,103 -$277,609 -$242,300 -$206,115 -$169,032 -$131,031 -$92,090 -$52,186 -$11,296 $30,601 $73,531 $117,518 Prepared By: Jason Humphrey P: (813) 803-2988, E: jason@transformsolarfl.com Page 9 4 Detailed Cash Flow Analysis 4.1 Cash Purchase Assumptions and Key Financial Metrics IRR - Term 12.1%Net Present Value $383,868 Payback Period 8.3 Years ROI 228.9%PV Degradation Rate 0.50%Discount Rate 5.0% Energy Cost Escalation Rate 3.0%Federal Income Tax Rate 0.0%State Income Tax Rate 0.0% System Cost $419,230 General Contractor Fee $100,872 Total Project Costs $520,103 Years 12 13 14 15 16 17 18 19 20 21 22 23 Cash Project Costs ------------ Direct Pay ITC ------------ Electric Bill Savings $45,067 $46,174 $47,306 $48,465 $49,650 $50,863 $52,105 $53,374 $54,674 $56,003 $57,362 $58,753 Cash Total $45,067 $46,174 $47,306 $48,465 $49,650 $50,863 $52,105 $53,374 $54,674 $56,003 $57,362 $58,753 State Taxes Income Increase (Electric Bill Savings)-$45,067 -$46,174 -$47,306 -$48,465 -$49,650 -$50,863 -$52,105 -$53,374 -$54,674 -$56,003 -$57,362 -$58,753 Change in Taxable Income -$45,067 -$46,174 -$47,306 -$48,465 -$49,650 -$50,863 -$52,105 -$53,374 -$54,674 -$56,003 -$57,362 -$58,753 State Tax Liability ------------ Change in State Tax Liability ------------ Federal Taxes Income Increase (Electric Bill Savings)-$45,067 -$46,174 -$47,306 -$48,465 -$49,650 -$50,863 -$52,105 -$53,374 -$54,674 -$56,003 -$57,362 -$58,753 Change in State Tax Liability ------------ Change in Taxable Income -$45,067 -$46,174 -$47,306 -$48,465 -$49,650 -$50,863 -$52,105 -$53,374 -$54,674 -$56,003 -$57,362 -$58,753 Federal Tax Liability ------------ Change in Federal Tax Liability ------------ Total Cash Flow $45,067 $46,174 $47,306 $48,465 $49,650 $50,863 $52,105 $53,374 $54,674 $56,003 $57,362 $58,753 Cumulative Cash Flow $162,585 $208,759 $256,065 $304,530 $354,180 $405,043 $457,148 $510,522 $565,196 $621,199 $678,561 $737,314 Prepared By: Jason Humphrey P: (813) 803-2988, E: jason@transformsolarfl.com Page 10 4 Detailed Cash Flow Analysis 4.1 Cash Purchase Assumptions and Key Financial Metrics IRR - Term 12.1%Net Present Value $383,868 Payback Period 8.3 Years ROI 228.9%PV Degradation Rate 0.50%Discount Rate 5.0% Energy Cost Escalation Rate 3.0%Federal Income Tax Rate 0.0%State Income Tax Rate 0.0% System Cost $419,230 General Contractor Fee $100,872 Total Project Costs $520,103 Years 24 25 26 27 28 29 30 Totals Cash Project Costs --------$520,103 Direct Pay ITC -------$208,041 Electric Bill Savings $60,176 $61,631 $63,119 $64,641 $66,198 $67,790 $69,417 $1,502,347 Cash Total $60,176 $61,631 $63,119 $64,641 $66,198 $67,790 $69,417 $1,190,285 State Taxes Income Increase (Electric Bill Savings)-$60,176 -$61,631 -$63,119 -$64,641 -$66,198 -$67,790 -$69,417 -$1,502,347 Change in Taxable Income -$60,176 -$61,631 -$63,119 -$64,641 -$66,198 -$67,790 -$69,417 -$1,502,347 State Tax Liability ------- Change in State Tax Liability -------- Federal Taxes Income Increase (Electric Bill Savings)-$60,176 -$61,631 -$63,119 -$64,641 -$66,198 -$67,790 -$69,417 -$1,502,347 Change in State Tax Liability -------- Change in Taxable Income -$60,176 -$61,631 -$63,119 -$64,641 -$66,198 -$67,790 -$69,417 -$1,502,347 Federal Tax Liability ------- Change in Federal Tax Liability -------- Total Cash Flow $60,176 $61,631 $63,119 $64,641 $66,198 $67,790 $69,417 $1,190,285 Cumulative Cash Flow $797,490 $859,121 $922,240 $986,881 $1,053,078 $1,120,868 $1,190,285 - Prepared By: Jason Humphrey P: (813) 803-2988, E: jason@transformsolarfl.com Page 11 Prepared For Bandes Construction (727) 433-1631 Jeremy.Brown@bandesconstruction.com At Transform Solar, we base our business on professionalism and trust with every customer that partner with us for their project development. Every project we undertake is: Backed by 15+ years of solar and electrical industry experience. Quality controlled under the supervision of our principal and Master Electrician Performed by in-house crews with vetted installers and electricians Solid Waste Transfer Station Prepared By Jason Humphrey (813) 803-2988 jason@transformsolarfl.com 4/22/2024 TABLE OF CONTENTS 1 Project Summary 3 2 Project Details 4 2.1 Clearwater - Solid Waste Transfer Station 4 2.1.1 PV System Details 4 2.1.2 Rebates and Incentives 5 2.1.3 Utility Rates 6 2.1.4 Current Electric Bill 6 2.1.5 New Electric Bill 7 3 Cash Flow Analysis 8 3.1 Cash Purchase 8 4 Detailed Cash Flow Analysis 9 4.1 Cash Purchase 9 Prepared By: Jason Humphrey P: (813) 803-2988, E: jason@transformsolarfl.com Page 2 1 Project Summary Payment Options Cash Purchase IRR - Term 14.8% LCOE PV Generation $0.039 /kWh System Cost $438,606 General Contractor Fees $107,575 Total System Cost $546,181 Total Incentives $218,472 Net Payments $327,709 Payback Period 6.7 Years Electric Bill Savings - Term $1,973,699 COMBINED SOLAR PV RATING Power Rating:212,400 W-DC Power Rating:185,013 W-AC-CEC CUMULATIVE ENERGY COSTS BY PAYMENT OPTION Year 0 Year 4 Year 8 Year 12 Year 16 Year 20 Year 24 Year 28 $0 $500,000 $1,000,000 $1,500,000 $2,000,000 $2,500,000 Cumulative Energy CostsAvoided Utility Cost Cash Purchase Prepared By: Jason Humphrey P: (813) 803-2988, E: jason@transformsolarfl.com Page 3 2 Project Details2.1 Clearwater - Solid Waste Transfer Station2.1.1 PV System Details General Information Facility:Clearwater - Solid Waste Transfer Station Address:S Old Coachman Rd Clearwater FL Solar PV Equipment Description Solar Panels:(360) QCells Q.PEAK DUO XL-G11S 590W Inverters:(2) Ginlong Technologies Solis-100K-5G-US Solar PV Equipment Typical Lifespan Solar Panels:Greater than 30 Years Inverters:18 Years Solar PV System Cost and Incentives Solar PV System Cost $546,181 Direct Pay ITC -$218,472 Net Solar PV System Cost $327,709 Solar PV System Rating Power Rating:212,400 W-DC Power Rating:185,013 W-AC-CEC Energy Consumption Mix Annual Energy Use:304,053 kWh Utility -984 kWh (0.00%) Solar PV 305,037 kWh (100.00%) Monthly Energy Use vs Solar Generation 1/01 - 2/012/01 - 3/013/01 - 4/014/01 - 5/015/01 - 6/016/01 - 7/017/01 - 8/018/01 - 9/019/01 - 10/0110/01 - 11/0111/01 - 12/0112/01 - 1/0115,000 20,000 25,000 30,000 35,000 Energy (kWh)Energy Use (kWh)Solar Generation (kWh) Prepared By: Jason Humphrey P: (813) 803-2988, E: jason@transformsolarfl.com Page 4 2.1.2 Rebates and Incentives This section summarizes all incentives available for this project. The actual rebate and incentive amounts for this project are shown in each example. Direct Pay, Investment Tax Credit (ITC) - 30% (with Adders) The Inflation Reduction Act (IRA) of 2022 contains a "direct pay" provision that enables certain tax-exempt customers, including state and local government, to receive a direct cash payment in lieu of an investment tax credit (ITC). Entities that qualify for direct pay are eligible to receive a 30% direct payment, assuming they meet the IRA established prevailing wage and apprenticeship requirements in order to qualify for the full 30% “increased rate”, rather than a 6% “base rate”. The IRA states that direct pay is only available for entities, including: an entity exempt from the tax, any State government (or political subdivision thereof), the Tennessee Valley Authority, an Indian tribal government, an Alaska Native Corporation, any corporation operating on a cooperative basis which is engaged in furnishing electric energy to persons in rural areas. These entities may take direct pay for solar and storage in the ITC and PTC as well as the ITC/PTC when tech neutral starts after 2025. In addition to the 30% ITC, the IRA establishes three different types of ITC “Adders”, which provide additional tax credits of up to 10% each, for projects that meet specified requirements. (1) Energy Community, projects sited in an “energy community”, which includes brownfield sites, census tracts where a coal mine closed after 1999 or a coal-fired power plant was retired after 2009, or areas where 25% of local tax revenues are related to the extraction, processing or storage of coal, oil, or natural gas at any time beginning in 2010. (2) Low-income, projects located in a qualified “low-income community”, which is defined as a census tract with a poverty rate of at least 20%, as well as a census tract where the median family income (MFI) is 80% or less of statewide MFI, or on “Indian land”, which is defined as land located within the boundaries of an Indian reservation or lands held by a tribe. (3) Domestic Content, for projects that meet specified domestic content requirements which will be set by Treasury, including 100% steel/iron for manufactured products with a 40% requirement through 2024 followed by 45% in 2025, 50% in 2026, and 55% in 2027 and beyond. Manufactured content is further explained: the products which are components of a qualified facility upon completion will be deemed to have been produced in the United States if the adjusted percentage of the total costs of all such manufactured products of the facility are attributable to manufactured products which are mined, produced, or manufactured in the United States. Total Incentive Value: $218,472 Prepared By: Jason Humphrey P: (813) 803-2988, E: jason@transformsolarfl.com Page 5 2.1.3 Utility Rates 2.1.4 Current Electric Bill The table below shows your annual electricity costs based on the most current utility rates and your previous 12 months of electrical usage. Rate Schedule: DUKE-FL - GS-1 Time Periods Energy Use (kWh)Charges Bill Ranges & Seasons Total Other Energy Total 1/1/2024 - 2/1/2024 S1 25,200 $16 $3,747 $3,763 2/1/2024 - 3/1/2024 S1 22,920 $16 $3,408 $3,424 3/1/2024 - 4/1/2024 S1 24,840 $16 $3,694 $3,710 4/1/2023 - 5/1/2023 S1 25,440 $16 $3,783 $3,799 5/1/2023 - 6/1/2023 S1 21,480 $16 $3,194 $3,210 6/1/2023 - 7/1/2023 S1 25,920 $16 $3,854 $3,870 7/1/2023 - 8/1/2023 S1 27,693 $16 $4,118 $4,134 8/1/2023 - 9/1/2023 S1 26,040 $16 $3,872 $3,888 9/1/2023 - 10/1/2023 S1 28,440 $16 $4,229 $4,245 10/1/2023 - 11/1/2023 S1 25,920 $16 $3,854 $3,870 11/1/2023 - 12/1/2023 S1 25,320 $16 $3,765 $3,781 12/1/2023 - 1/1/2024 S1 24,840 $16 $3,694 $3,710 Total 304,053 $192 $45,213 $45,405 The table below shows the rates associated with your current utility rate schedule (GS-1). Your estimated electric bills after solar are shown on the following page. Customer Charges Energy Charges Season Charge Type Rate Type GS-1 Season Charge Type Rate Type GS-1 S1 Flat Rate per billing period $16.02 S1 Flat Rate Import $0.1487 Prepared By: Jason Humphrey P: (813) 803-2988, E: jason@transformsolarfl.com Page 6 2.1.5 New Electric Bill Annual Electricity Savings: $45,262 Rate Schedule: DUKE-FL - GS-1 Time Periods Energy Use (kWh)Charges Bill Ranges & Seasons Total Other Energy Total 1/1/2024 - 2/1/2024 S1 6,291 $16 $935 $951 2/1/2024 - 3/1/2024 S1 1,477 $16 $220 $236 3/1/2024 - 4/1/2024 S1 -3,996 $16 $594 $578 4/1/2023 - 5/1/2023 S1 -6,228 $16 $926 $910 5/1/2023 - 6/1/2023 S1 -12,321 $16 $1,832 $1,816 6/1/2023 - 7/1/2023 S1 -3,966 $16 $590 $574 7/1/2023 - 8/1/2023 S1 -989 $16 $147 $131 8/1/2023 - 9/1/2023 S1 -1,043 $16 $155 $139 9/1/2023 - 10/1/2023 S1 4,829 $16 $718 $734 10/1/2023 - 11/1/2023 S1 2,154 $16 $320 $336 11/1/2023 - 12/1/2023 S1 5,332 $16 $793 $809 12/1/2023 - 1/1/2024 S1 7,476 $16 $1,112 $1,128 Total -984 $192 $49 $143 Prepared By: Jason Humphrey P: (813) 803-2988, E: jason@transformsolarfl.com Page 7 3 Cash Flow Analysis 3.1 Cash Purchase Assumptions and Key Financial Metrics IRR - Term 14.8%Net Present Value $589,177 Payback Period 6.7 Years ROI 301.4%PV Degradation Rate 0.50%Discount Rate 5.0% Energy Cost Escalation Rate 3.0%Federal Income Tax Rate 0.0%State Income Tax Rate 0.0% System Cost $438,606 General Contractor Fee $107,575 Total Project Costs $546,181 Years Project Costs Direct Pay ITC Electric Bill Savings Total Cash Flow Cumulative Cash Flow Upfront -$546,181 ---$546,181 -$546,181 1 -$218,472 $45,262 $263,734 -$282,447 2 --$46,387 $46,387 -$236,060 3 --$47,538 $47,538 -$188,522 4 --$48,717 $48,717 -$139,805 5 --$49,924 $49,924 -$89,881 6 --$51,159 $51,159 -$38,722 7 --$52,424 $52,424 $13,702 8 --$53,718 $53,718 $67,420 9 --$55,043 $55,043 $122,463 10 --$56,399 $56,399 $178,862 11 --$57,787 $57,787 $236,649 12 --$59,207 $59,207 $295,856 13 --$60,661 $60,661 $356,516 14 --$62,148 $62,148 $418,664 15 --$63,670 $63,670 $482,335 16 --$65,228 $65,228 $547,563 17 --$66,821 $66,821 $614,384 18 --$68,452 $68,452 $682,836 19 --$70,120 $70,120 $752,956 20 --$71,827 $71,827 $824,783 21 --$73,573 $73,573 $898,357 22 --$75,359 $75,359 $973,716 23 --$77,187 $77,187 $1,050,903 24 --$79,055 $79,055 $1,129,958 25 --$80,967 $80,967 $1,210,925 26 --$82,922 $82,922 $1,293,847 27 --$84,922 $84,922 $1,378,769 28 --$86,967 $86,967 $1,465,736 29 --$89,058 $89,058 $1,554,794 30 --$91,197 $91,197 $1,645,991 Totals:-$546,181 $218,472 $1,973,699 $1,645,991 - Prepared By: Jason Humphrey P: (813) 803-2988, E: jason@transformsolarfl.com Page 8 4 Detailed Cash Flow Analysis 4.1 Cash Purchase Assumptions and Key Financial Metrics IRR - Term 14.8%Net Present Value $589,177 Payback Period 6.7 Years ROI 301.4%PV Degradation Rate 0.50%Discount Rate 5.0% Energy Cost Escalation Rate 3.0%Federal Income Tax Rate 0.0%State Income Tax Rate 0.0% System Cost $438,606 General Contractor Fee $107,575 Total Project Costs $546,181 Years Upfront 1 2 3 4 5 6 7 8 9 10 11 12 Cash Project Costs -$546,181 ------------ Direct Pay ITC -$218,472 ----------- Electric Bill Savings -$45,262 $46,387 $47,538 $48,717 $49,924 $51,159 $52,424 $53,718 $55,043 $56,399 $57,787 $59,207 Cash Total -$546,181 $263,734 $46,387 $47,538 $48,717 $49,924 $51,159 $52,424 $53,718 $55,043 $56,399 $57,787 $59,207 Total Cash Flow -$546,181 $263,734 $46,387 $47,538 $48,717 $49,924 $51,159 $52,424 $53,718 $55,043 $56,399 $57,787 $59,207 Cumulative Cash Flow -$546,181 -$282,447 -$236,060 -$188,522 -$139,805 -$89,881 -$38,722 $13,702 $67,420 $122,463 $178,862 $236,649 $295,856 Prepared By: Jason Humphrey P: (813) 803-2988, E: jason@transformsolarfl.com Page 9 4 Detailed Cash Flow Analysis 4.1 Cash Purchase Assumptions and Key Financial Metrics IRR - Term 14.8%Net Present Value $589,177 Payback Period 6.7 Years ROI 301.4%PV Degradation Rate 0.50%Discount Rate 5.0% Energy Cost Escalation Rate 3.0%Federal Income Tax Rate 0.0%State Income Tax Rate 0.0% System Cost $438,606 General Contractor Fee $107,575 Total Project Costs $546,181 Years 13 14 15 16 17 18 19 20 21 22 23 24 25 Cash Project Costs ------------- Direct Pay ITC ------------- Electric Bill Savings $60,661 $62,148 $63,670 $65,228 $66,821 $68,452 $70,120 $71,827 $73,573 $75,359 $77,187 $79,055 $80,967 Cash Total $60,661 $62,148 $63,670 $65,228 $66,821 $68,452 $70,120 $71,827 $73,573 $75,359 $77,187 $79,055 $80,967 Total Cash Flow $60,661 $62,148 $63,670 $65,228 $66,821 $68,452 $70,120 $71,827 $73,573 $75,359 $77,187 $79,055 $80,967 Cumulative Cash Flow $356,516 $418,664 $482,335 $547,563 $614,384 $682,836 $752,956 $824,783 $898,357 $973,716 $1,050,903 $1,129,958 $1,210,925 Prepared By: Jason Humphrey P: (813) 803-2988, E: jason@transformsolarfl.com Page 10 4 Detailed Cash Flow Analysis 4.1 Cash Purchase Assumptions and Key Financial Metrics IRR - Term 14.8%Net Present Value $589,177 Payback Period 6.7 Years ROI 301.4%PV Degradation Rate 0.50%Discount Rate 5.0% Energy Cost Escalation Rate 3.0%Federal Income Tax Rate 0.0%State Income Tax Rate 0.0% System Cost $438,606 General Contractor Fee $107,575 Total Project Costs $546,181 Years 26 27 28 29 30 Totals Cash Project Costs ------$546,181 Direct Pay ITC -----$218,472 Electric Bill Savings $82,922 $84,922 $86,967 $89,058 $91,197 $1,973,699 Cash Total $82,922 $84,922 $86,967 $89,058 $91,197 $1,645,991 Total Cash Flow $82,922 $84,922 $86,967 $89,058 $91,197 $1,645,991 Cumulative Cash Flow $1,293,847 $1,378,769 $1,465,736 $1,554,794 $1,645,991 - Prepared By: Jason Humphrey P: (813) 803-2988, E: jason@transformsolarfl.com Page 11 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#24-0980 Agenda Date: 9/4/2024 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: General Services Agenda Number: 6.11 SUBJECT/RECOMMENDATION: Authorize purchase orders to Shaw Industries Inc of Dalton, GA and Complete Floor Care Solutions, Inc of Tampa, FL for various floor repairs and replacements, in the cumulative not-to-exceed amount of $1,500,000.00 through August 9, 2027 with three one-year renewal options in the cumulative annual not-to-exceed amount of $500,000.00, pursuant to Clearwater Code of Ordinances Sections 2.563(1)(c), Piggyback, and 2.563(1)(a), Single Source, and authorize the appropriate officials to execute same. (consent) SUMMARY Historically, Building & Maintenance’s (B&M) flooring repairs and replacements have been procured by obtaining quotes or piggybacking other government entities’ contracts. Staff is requesting the ability to piggyback an existing contract with Shaw Industries Inc. and a single source procurement with Complete Floor Care Solutions Inc., for various flooring projects throughout the City. This will allow B&M to benefit from pre-negotiated prices for various items required. Piggyback Contracts: Shaw Industries, Inc, Dalton Ga - Sourcewell Contract #061323-SII Flooring Materials, with Related Supplies and Services valid through August 9, 2027, with three one-year renewal options. Single Source: Complete Floor Care Solutions, Inc. of Tampa, FL (SaniGLAZE) - Complete Floor Care Solutions (CFCS) is the exclusive SaniGLAZE provider for the Greater Tampa area. SaniGLAZE’s restorative bonding processes are the only tile and grout restoration system that utilize a specially formulated, proprietary SaniGLAZE coating which can be applied to ceramic tile, VCT or concrete. This product provides a sealed hard surface that is low maintenance, holds up to daily hard foot traffic and provides a long-term solution. While there are other floor coverings and seals, CFCS coatings are proprietary with a five-year warranty, and there is no other product as good as SaniGLAZE. There is significant cost and time savings with restoring the floors versus complete replacement and disruption that would be created. In addition, SaniGLAZE has been used by the City since 2019, and the continued use creates consistency in maintaining the existing flooring throughout the City. Flexibility is requested to allow for expenditure of budgeted funds as needed throughout the year, in accordance with the intent of this general authorization. APPROPRIATION CODE AND AMOUNT: 5656531-530300 GSBM180002 Funds are available in General Services operating cost code 5656531-530300, Contractual Services, for city-wide maintenance/repair costs; capital project GSBM180002, Flooring of Facilities, for flooring replacement at “General Government” facilities; and in various capital improvement projects based upon location. The General Services Fund is an internal service fund of the City which supports city-wide building maintenance. Capital project GSBM180002 is funded by General Fund revenues and other capital projects Page 1 City of Clearwater Printed on 9/3/2024 File Number: ID#24-0980 to be used are funded with their respective Utility and Enterprise Fund revenues based on facility ownership. STRATEGIC PRIORITY: The use of Shaw Industries Inc. and Complete Floor Care Solutions, Inc. is supported by Strategic Plan Objectives 1.1, maintaining municipal performance, and promoting accountable governance; 1.2, maintaining public infrastructure; 1.3, identify resources required to sustain level of service 3.2, proactive code compliance, and targeted revitalization. Page 2 City of Clearwater Printed on 9/3/2024 4526 Lenox, Ave. Jacksonville, Florida 32205 800-874-5554 www.saniglaze.com Dear Customer, We often run into defending the subject of why others cannot do what SaniGLAZE can do. I believe that I can give you some good reasons for this that hopefully will suffice to get you beyond the hurdles of procurement in a competitive world. SaniGLAZE is an extremely unique combination of products and systems that we developed ourselves and represent a lot of trade secrets. Additionally, each phase of SaniGLAZE has been engineered and perfected to achieve the results that you have witnessed and grown to expect from SaniGLAZE. We know from seeing companies attempt to compete with us how this usually plays out. Most companies who attempt to compete with what we do find a coating of some sort (usually a solitary product) and attempt to apply it calling it "just like SaniGLAZE". These "one and dones" have no way to effectively compete because they don't have the expertise at each stage of the restoration process that we do combine into a symbiotic relationship with each other phase. To explain this, I will delve into the various areas that we have found imperative to create a successful restoration that will pass the test of time: Preparation: SaniGLAZE has engineered a series of prep chemicals that are each designed to perform a specific function. We have product designed to remove embedded dirt, products to remove existing coatings, products to deal with grease and oil, and even products designed to remove our own coating products. Without the proper prep, the SaniGLAZE like coating will not work correctly or last very long. Grout Replacement Products: Each grout replacement product used in the SaniGLAZE process has been engineered by SaniGLAZE for specific applications. We have grout replacements for deep grout, shallow group, irregular grout, flat grout, and modified grouts. Without the correct grout replacement produced for the particular application, you will not yield the result that you expect from SaniGLAZE. Additionally, SaniGLAZE grout coatings are not simply stains or paints, they are coatings designed to overlay, seal, shield, and protect grout and replicate the original grout, while totally eliminating the grout porosity. Colors: Each SaniGLAZE color was developed for our system. You will not find direct color matches for these colors from any competitor. Coatings: SaniGLAZE has developed a variety of coatings that we have engineered in house for a variety of applications. We have penetrating sealers, acrylics, epoxy like products, and urethane like products. We know of no competitor who has an arsenal of all these different type products, which are engineered to perform like SaniGLAZE. You will simply not find a competitor who does it the way we do, because they do not have access to our products, systems, and even our technical expertise. We developed these products for our own use, and the formulas are closely guarded, and no competitor has ever succeeded in reverse engineering our products. 4526 Lenox, Ave. Jacksonville, Florida 32205 800-874-5554 www.saniglaze.com Technicians: The technicians are the rock s of SaniGLAZE. Each tech completes a rigorous training program and is certified in all aspects of the SaniGLAZE process. Without this training, it is impossible to yield the results that SaniGLAZE delivers. In untrained hands, even SaniGLAZE products would essentially be useless to an untrained person. Local Presence: SaniGLAZE has a service provider in most major US markets. We do not move teams where the jobs are, we are available in the local markets to be there when the need arises. You can depend on a service provider when you need one. I hope that this gives you some idea of what we have accomplished at SaniGLAZE, and why it is unlikely that you will find a competitor who can deliver what SaniGLAZE can. Regards, Michele L. Yonash COO 7703 Ann Ballard Rd. Tampa, FL 33634 US Company Address Complete Floor Care Solutions, Inc.Company Name *NO Future EG - One Time Work OnlyEG Program 76.7EG# james.behan@myclearwater.comEmail 727-224-7092Mobile (727) 562-4890 ;2815Phone Jim BehanJob Contact AllJob Location NAME City Of Clearwater Building MaintenanceAccount Name Manatee County, FLQuote Job Location County (813) 961-1075Fax (813) 961-1088Office paul@cfcs-floorcare.comEmail +1 8139576590Mobile Paul TimcakAccount Manager 1115 Manatee Ave West Bradenton, FL 34205 United States Bill To Property Management Department ManateeBill To Company P-9070 New Price list for Clearwater City all products 2023-08-22 Opportunity Name 6/12/2024Created Date Location Description Product SqFt Sales Cost QTY Total Price per line item per SQ FT DR SCHUTZ - DR Primer / Leveler - EP Prime 1.00 $5.00 0 $0.00 per SQ FT DR SCHUTZ - DR Waxnomor UV 100 - Matte-Satin-Semi Gloss-Gloss (Select One)1.00 $4.95 1 $4.95 per SQ FT EC - Moisture Barrier 1.00 $3.50 1 $3.50 per SQ FT EC - Reflector - ENHANCER Flooring System 1.00 $23.95 1 $23.95 per SQFT ELITE CRETE 1.00 $12.95 1 $12.95 per SQFT SCHONOX 1.00 $5.50 1 $5.50 per SQFT SG CHROMAGLAZE - FL - ChromaGlaze + SaniMAX 1.00 $16.25 1 $16.25 per SQFT SG CHROMAGLAZE - W - ChromaGlaze SaniTECH 1.00 $16.25 1 $16.25 per SQFT SG CHROMAGLAZE - W - ChromaGlaze - No Clear Shield 1.00 $14.95 1 $14.95 per SQFT SG ENDURAGLAZE - FL - SaniMAX (small OR large tile)1.00 $12.50 1 $12.50 per SQFT SG ENDURAGLAZE - FL - SaniTECH - Gloss (small OR large tile)1.00 $11.95 1 $11.95 per SQFT SG ENDURAGLAZE - W - SaniTECH - Gloss 1.00 $11.95 1 $11.95 Price For EverGlaze maintenance per SQFT.SG EVERGLAZE - EverGLAZE 1.00 $3.50 1 $3.50 per SQFT SG GROUTGLAZE - FL - GroutGLAZE - No Shield 1.00 $7.25 1 $7.25 per SQFT SG GROUTGLAZE - FL - SaniMAX 1.00 $11.25 1 $11.25 per SQFT SG GROUTGLAZE - FL - SaniTECH - NON UV SemiGloss 1.00 $10.95 1 $10.95 per SQFT SG GROUTGLAZE - W - GroutGLAZE - No Shield 1.00 $7.25 1 $7.25 per SQFT SG SaniPRIME Primer - Gray 1.00 $1.50 1 $1.50 per SQFT SG SaniPRIME Primer - White 1.00 $1.50 1 $1.50 per SQFT SG SANISEAL - FL - GroutGLAZE - No Shield 1.00 $6.45 1 $6.45 per SQFT SG SANISEAL - FL - SaniSEAL 1.00 $2.95 1 $2.95 7703 Ann Ballard Rd. Tampa, FL 33634 US Company Address Complete Floor Care Solutions, Inc.Company Name Date:___________________________________________ $326.30Grand Total after Tax $0.00Tax $326.30Grand Total Signature:_______________________________________ Approved By:_____________________________________ For more information visit our website at www.cfcs-floorcare.com. PRICING IS VALID FOR 30 DAYS FROM DATE OF PROPOSAL 31Total QTY 31.00Total Sqft per SQFT SG SANISEAL - W - GroutGLAZE - No Shield 1.00 $6.25 1 $6.25 per SQFT SG SANISEAL - W - SaniSEAL 1.00 $2.95 1 $2.95 per SQFT SG SURFACEGLAZE - FL - SurfaceGLAZE - SaniMAX 1.00 $8.95 1 $8.95 per SQFT SG SURFACEGLAZE - FL - SurfaceGLAZE - SaniTECH 1.00 $7.95 1 $7.95 per SQFT SG SURFACEGLAZE - W - SurfaceGLAZE - SaniTECH 1.00 $7.95 1 $7.95 per SQFT SG VARIGLAZE - FL - VariGLAZE + SaniMax 1.00 $17.50 1 $17.50 per SQFT SG XCELKLEEN - FL- XcelKLEEN 1.00 $1.75 1 $1.75 per SQFT SG XCELKLEEN - W - XcelKLEEN 1.00 $1.75 1 $1.75 per Hour Technicians SPECIAL SERVICES - Other:1.00 $50.00 1 $50.00 $28.00 to $35.00 per Hour SPECIAL SERVICES - Temporary Labor 1.00 $28.00 1 $28.00 per SQFT SPECIAL SERVICES - Terrazzo 1.00 $5.95 1 $5.95 P.O. Box 37209 – Jacksonville, FL 32236 800-874-5554 – Toll-Free 904-366-2690 – Fax www.saniglaze.com June 12, 2024 To Whom It May Concern: SaniGLAZE Authorized Service Provider This letter is to advise you that Complete Floor Care Solutions is the exclusive SaniGLAZE provider for the Tampa and Greater Southwest Florida Area. There are no other SaniGLAZE providers who are permitted to perform SaniGLAZE work in this area. SaniGLAZE services are specialized processes that require proprietary products and technical training. Therefore these processes can only be provided by a SaniGLAZE franchised service professional. SaniGLAZE’s restorative bonding processes should not be confused with ordinary procedures like grout staining, acid and pressure washing, acrylic sealing or other types of cleaning and color enhancement techniques. SaniGLAZE’s restorative bonding processes are the only tile and grout restoration systems that utilize our specially formulated, proprietary SaniGLAZE coatings. These coatings can be applied to various hard surfaces such as ceramic tile, VCT or concrete. Our franchise agreements prohibit SaniGLAZE franchisees from performing SaniGLAZE processes in another SaniGLAZE franchisee’s territory. Therefore, Complete Floor Care Solutions is the only available source in your location for SaniGLAZE tile and hard surface restoration. Your interest in SaniGLAZE tile and grout restoration is greatly appreciated. Thank you! Sincerely, Michele L. Yonash COO SOURCEWELL STATE OF MINNESOTA Member ____________ moved the adoption of the following Resolution: RESOLUTION TO APPROVE SOLICITATION AND/OR RE-SOLICITATION OF CATEGORIES 3/21/2023 Resolution No. 2023.07 WHEREAS, Sourcewell desires to issue a solicitation, and is seeking permission from the Board to issue a solicitation,for the categories listed on Appendix A, which is attached and incorporated. WHEREAS, through the Sourcewell Procurement Policy, the Board designated the Chief Procurement Officer to administer Sourcewell’s cooperative purchasing and contracting program; and WHEREAS, the Chief Procurement Officer recommends approval of categories detailed above. NOW THEREFORE BE IT RESOLVED that the Board of Directors hereby approves the solicitation of categories. The motion for the adoption of the foregoing resolution was duly seconded by Member ______________ and the following voted in favor: (list names here) and the following voted against: (list names here or “NONE”) whereupon said resolution was declared duly passed and adopted. ATTEST: _________________________________ Clerk to the Board of Directors APPENDIXA SOURCEWELLPROCUREMENTDEPARTMENT BOARDITEMSͲMarch2023 None RequestingBoardpermissiontoReͲSolicitthefollowingcategories: NEWCONTRACTS SupplierName ContractNumber SolicitationTitle BOXXModular,Inc.120822ͲBXX "RelocatableBuildingandStorageSolutionswithRelatedServices" McGrathRentCorpdbaMobileModularManagement120822ͲMMR "RelocatableBuildingandStorageSolutionswithRelatedServices" TriumphModular,Inc. 120822ͲTRM "RelocatableBuildingandStorageSolutionswithRelatedServices" Avaya,Inc.120122ͲAVY "UnifiedCommunicationandContactCenterSolutions" GioiaP.AmbrettedbaNewcastleCommunications 120122ͲNEW "UnifiedCommunicationandContactCenterSolutions" MitelBusinessSolutions,Inc. 120122ͲMBS "UnifiedCommunicationandContactCenterSolutions" PresidioNetworkedSolutions 120122ͲPSO "UnifiedCommunicationandContactCenterSolutions" RingCentral,Inc.120122ͲRNG "UnifiedCommunicationandContactCenterSolutions" CONTRACTEXTENSIONS SupplierName ContractNumber SolicitationTitle KruegerInternational,Inc.121919ͲKII "FurnitureSolutionswithRelatedAccessoriesandServices" Flaghouse,Inc. 071819ͲFLG "AthleticandPhysicalEducationEquipmentandSupplieswith RelatedAccessories" LitaniaSports/PorterAthletic/GillAthletics 071819ͲPTA "AthleticandPhysicalEducationEquipmentandSupplieswith RelatedAccessories" ProphetCorp./GopherSport 071819ͲPRO "AthleticandPhysicalEducationEquipmentandSupplieswith RelatedAccessories" SchoolHealthPhysicalEducation 071819ͲPAL "AthleticandPhysicalEducationEquipmentandSupplieswith RelatedAccessories" NucorBuildingsGroup 013019ͲNUC "PreͲEngineeredBuildingswithRelatedMaterials,SitePrepartion, InstallationandAncillaryServices" ClarkEquipment/Bobcat/Doosan 041719ͲCEC "PortableConstructionEquipmentwithRelatedAccessoriesand Attachments" NEWIDIQCONTRACTS None IDIQContractExtensions CompanyName ContractNumber NoneCONSENTAGENDAITEMSCONSENTAGENDAITEMSRequestingBoardpermissiontoSolicitthefollowingcategories: FlooringMaterialswithRelatedSuppliesandServices DocuSign Envelope ID: 637A0871-A414-46B3-AF92-633293B80E65 ."9)1M[lfr 4,ti, ur ~<) f ~ .. SOURCEWELL S' t STATE OF MINNESOTA Sourcewell ~ Member Kircher moved the adoption of the following Resolution: RESOLUTION TO RATIFY COOPERATIVE CONTRACTING AWARDS 8/15/2023 Resolution No. 2023_21 WHEREAS, the Sourcewell Board of Directors previously authorized the solicitations for the cooperative categories listed on Appendix A, which is attached and incorporated; and WHEREAS, Sourcewell issued the cooperative contracting solicitations for the authorized categories; and WHEREAS, through the Sourcewell Procurement Policy, the Board designated the Chief Procurement Officer to administer Sourcewell's cooperative purchasing and contracting program and to award all competitively solicited contracts, without limitation; and WHEREAS, the Chief Procurement Officer made the awards listed based on the results of the competitive solicitation process; and WHEREAS, the Board acknowledges that the awards made by the Chief Procurement Officer are valid and binding; however, based upon some members' legal requirements the Chief Procurement Official is required to seek subsequent Board ratification of all cooperative purchasing awards. NOW THEREFORE BE IT RESOLVED by the Board of Directors ratifies the cooperative contracting awards made by the Chief Procurement Officer listed on Appendix A. The motion for the adoption of the foregoing resolution was duly seconded by Member_B_a_r_r_o_w_s __ and the following voted in favor: (list names here) Zylka, Nagel, Thiel, Barrows, Arts, Kircher, Kicker and the following voted against: (list names here or "NONE") NONE whereupon said resolution was declared duly passed and adopted. ATTEST: Clerk to the Board of Directors DocuSign Envelope ID: 637A0871-A414-46B3-AF92-633293B80E65 n 0 z VI m z -I > G') m z C > :::j m s: VI n 0 z VI m z -I > G') m z C > :::j m s: VI SOURCEWELL PROCUREMENT DEPARTMENT BOARD ITEMS -August 2023 APPENDIX A Requesting Board permission to Solicit the following categories: Employee Benefit Administrative Products and Services Requesting Board permission to Re-Solicit the following categories: School Buses with Related Accessories, Supplies, Parts, and Services Refuse Collection Vehicles with Related Equipment, Accessories, and Services Industrial and Workplace Storage Systems with Related Accessories Indefinite Delivery Indefinite Quantity Construction -California NEW CONTRACTS Supplier Name Contract Number Guidehouse, Inc. 051123-GUI Hatch Associates Consultants, Inc. 051123-HAT Highland Electric Fleets, Inc. 051123-HEF ICF Resources, LLC 051123-ICF lnCharge Energy, Inc. 051123-INC INF Associates, LLC 051123-INA PA Consulting Group, Inc. 051123-PAC Positive Energy, Inc. 051123-PST Sia Partners, Inc. 051123-SIA AXIS Insurance Company 051623-AXC Colonial Life & Accident Insurance 051623-CLA Lincoln National Group 051623-LNG MetLife, Inc. 051623-MET Reliance Matrix 051623-RLC Adroit Advanced Technologies 062723-ADT Assist Services 062723-ARS First Student 062723-FIR HopSkipDrive 062723-HSD Bentley Mills 061323-BPS Division 9 061323-DV9 Forbo Flooring Systems 061323-FRO Interface Americas 061323-IFA Mannington Mills 061323-MMI Mats, Inc. 061323-MAT Milliken Services 061323-MAC Mohawk Carpet Distribution 061323-MCD Roppe Corporation 061323-RPP Shaw Integrated and Turf Solutions 061323-SII Tarkett USA 061323-TFU CONTRACT EXTENSIONS Supplier Name Contract Number Genuine Parts Company -NAPA Integrated Business Solutions 110520-GPC Unifirst Corporation 040920-UFC CNH lmdustrial America 110719-CNH NEW IDIQ CONTRACTS Company Name Contract Number None IDIQ Contract Extensions !Company Name !Contract Number Solicitation Title "Fleet Electrification Transition Planning, Management, and Related Services" "Fleet Electrification Transition Planning, Management, and Related Services" "Fleet Electrification Transition Planning, Management, and Related Services" "Fleet Electrification Transition Planning, Management, and Related Services" "Fleet Electrification Transition Planning, Management, and Related Services" "Fleet Electrification Transition Planning, Management, and Related Services" "Fleet Electrification Transition Planning, Management, and Related Services" "Fleet Electrification Transition Planning, Management, and Related Services" "Fleet Electrification Transition Planning, Management, and Related Services" "Group Employee Benefits and Related Services" "Group Employee Benefits and Related Services" "Group Employee Benefits and Related Services" "Group Employee Benefits and Related Services" "Group Employee Benefits and Related Services" "Alternative Student and Client Transportation Services" "Alternative Student and Client Transportation Services" "Alternative Student and Client Transportation Services" "Alternative Student and Client Transportation Services" "Flooring Materials with Related Supplies and Services" "Flooring Materials with Related Supplies and Services" "Flooring Materials with Related Supplies and Services" "Flooring Materials with Related Supplies and Services" "Flooring Materials with Related Supplies and Services" "Flooring Materials with Related Supplies and Services" "Flooring Materials with Related Supplies and Services" "Flooring Materials with Related Supplies and Services" "Flooring Materials with Related Supplies and Services" "Flooring Materials with Related Supplies and Services" "Flooring Materials with Related Supplies and Services" Solicitation Title "Fleet and Facility Related Vendor Managed Inventory and Logistics Management Solutions" "Uniforms with Related Products and Services" "Ag Tractors with Related Attachments, Accessories and Supplies'' Region -Type of Work I DocuSign Envelope ID: 637A0871-A414-46B3-AF92-633293B80E65 APPENDIX A Continued Johnson-Laux Construction, LLC MD-Rl-GC04-052621-JLC Centennial Contractors Enterprises, Inc. MD-Rl-GC03-052621-CCE Step 1 Enterprises, LLC MD-Rl-GC0l-052621-SlE Vigil Contracting, Inc. MD-R4-GC01-052621-VGL Adrian L. Merton, Inc. MD-RS-HVAC02-052621-ALM Centennial Contractors Enterprises, Inc. MD-R3-GC02-052621-CCE Centennial Contractors Enterprises, Inc. MD-R4-GC02-052621-CCE Bethel Electric Construction Company of Maryland, LLC M D-R3-E01-052621-BEC Vigil Contracting, Inc. MD-R2-HVAC01-052621-VGL Vigil Contracting, Inc. MD-R4-E02-052621-VGL S-Works Construction Corporation MD-R2-GC03-052621-SWC Paige Industrial Services, Inc. MD-R3-GC03-052621-PAI Paige Industrial Services, Inc. MD-R3-E02-052621-PAI Paige Industrial Services, Inc. MD-R3-RW02-052621-PAI Vigil Contracting, Inc. MD-RS-GC02-052621-VGL Adrian L. Merton, Inc. MD-R4-HVAC02-052621-ALM Vigil Contracting, Inc. M D-R4-HVAC01-052621-VG L Vigil Contracting, Inc. MD-RS-HVAC0l-052621-VGL Vigil Contracting, Inc. MD-R2-E02-052621-VGL The Matthews Group MD-R2-GC04-052621-TMG Paige Industrial Services, Inc. MD-RS-GC03-052621-PAI Skyline Roofing, Inc. MD-R2-RW01-052621-SKV Skyline Roofing, Inc. MD-R3-RW01-052621-SKV Vigil Contracting, Inc. MD-R2-GC01-052621-VGL Paige Industrial Services, Inc. MD-R6-HVAC02-052621-PAI Paige Industrial Services, Inc. MD-RS-RW02-052621-PAI Paige Industrial Services, Inc. MD-R6-RW02-052621-PAI Bethel Electric Construction Company of Maryland, LLC MD-Rl-E0l-052621-BEC Paige Industrial Services, Inc. M D-R3-PAC01-052621-PAI Paige Industrial Services, Inc. MD-RS-PAC02-052621-PAI Bethel Electric Construction Company of Maryland, LLC MD-R4-E01-052621-BEC Bethel Electric Construction Company of Maryland, LLC MD-RS-E0l-052621-BEC Adrian L. Merton, Inc. MD-R2-HVAC02-052621-ALM Vigil Contracting, Inc. MD-RG-GC0l-052621-VGL Vigil Contracting, Inc. MD-RG-HVAC0l-052621-VGL Vigil Contracting, Inc. MD-RS-E02-052621-VGL Centennial Contractors Enterprises, Inc. MD-R6-GC04-052621-CCE Vigil Contracting, Inc. MD-R3-GC04-052621-VGL Vigil Contracting, Inc. M D-R3-HVAC01-052621-VG L Nichols Contracting, Inc. MD-R3-GC01-052621-NIC Bethel Electric Construction Company of Maryland, LLC MD-RG-E0l-052621-BEC Skyline Roofing, Inc. MD-Rl-RW0l-052621-SKV Skyline Roofing, Inc. MD-RS-RW0l-052621-SKV Vigil Contracting, Inc. MD-R6-E02-052621-VGL Nichols Contracting, Inc. MD-RS-GC0l-052621-NIC F.H. Paschen, S.N. Nielsen & Associates, LLC MD-Rl-GC02-052621-FHP S-Works Construction Corporation M D-R4-GC04-052621-SWC Paige Industrial Services, Inc. MD-R6-GC03-052621-PAI Centennial Contractors Enterprises, Inc. MD-RS-GC04-052621-CCE Bethel Electric Construction Company of Maryland, LLC MD-R2-E01-052621-BEC Adrian L. Merton, Inc. MD-R3-HVAC02-052621-ALM Paige Industrial Services, Inc. MD-R6-PAC02-052621-PAI Place Services, Inc. KV-E-GC0l-062420-PLS The Lusk Group KV-E-RW0l-062420-LMC Calhoun Construction Services KV-NC-GC02-062420-CAC The Lusk Group KV-W-E02-062420-LMC Tecta America Corp. KV-W-RW02-062420-TEA Place Services, Inc. KV-NC-GC03-062420-PLS Place Services, Inc. KV-NC-E0l-062420-PLS The Lusk Group KV-NC-RW0l-062420-LMC DocuSign Envelope ID: 637A0871-A414-46B3-AF92-633293B80E65 APPENDIX A Continued The Lusk Group KY-NC-E02-062420-LMC The Lusk Group KY-W-RW0l-062420-LMC Tecta America Corp. KY-NC-RW02-062420-TEA Tecta America Corp. KY-E-RW02-062420-TEA Triton Services, Inc. KY-NC-HVAC0l-062420-TRS The Lusk Group KY-W-GC03-062420-LMC The Lusk Group KY-E-HVAC0l-062420-LMC The Lusk Group KY-E-E02-062420-LMC The Lusk Group KY-NC-GC0S-062420-LMC The Lusk Group KY-E-GC03-062420-LMC Place Services, Inc. KY-W-E0l-062420-PLS Place Services, Inc. KY-W-GC0l-062420-PLS Place Services, Inc. KY-E-E0l-062420-PLS Triton Services, Inc. KY-NC-GC0l-062420-TRS The Lusk Group KY-W-HVAC0l-062420-LMC F.H. Paschen, S.N. Nielsen & Associates, LLC KY-NC-GC04-062420-FH P F.H. Paschen, S.N. Nielsen & Associates, LLC KY-W-GC02-062420-FHP F.H. Paschen, S.N. Nielsen & Associates, LLC KY-E-GC02-062420-FHP The Lusk Group KY-NC-HVAC02-062420-LMC COMMENT AND REVIEW to the REQUEST FOR PROPOSAL (RFP) #061323 Entitled Flooring Materials with Related Supplies and Services The following advertisement was placed April 25, 2023 in USA Today, in South Carolina’s The State, and on the Sourcewell website www.sourcewell-mn.gov, Sourcewell Procurement Portal https://proportal.sourcewell- mn.gov, Biddingo, Merx, PublicPurchase.com, The New York State Contract Reporter www.nyscr.ny.gov, April 26, 2023 in Oregon’s Daily Journal of Commerce, and April 25 and May 2, 2023 in The Oklahoman: Sourcewell, a State of Minnesota local government unit and service cooperative, is requesting proposals for Flooring Materials with Related Supplies and Services to result in a contracting solution for use by its Participating Entities. Sourcewell Participating Entities include thousands of governmental, higher education, K-12 education, nonprofit, tribal government, and other public agencies located in the United States and Canada. A full copy of the Request for Proposals can be found on the Sourcewell Procurement Portal [https://proportal.sourcewell-mn.gov]. Only proposals submitted through the Sourcewell Procurement Portal will be considered. Proposals are due no later than June 13, 2023, at 4:30 p.m. Central Time, and late proposals will not be considered. The solicitation process was conducted through the Sourcewell Procurement Portal. The following parties expressed interest in the solicitation by registering for this opportunity within the portal: Accu Steel, Inc. Kal-Trading, Inc. AHF Products Karndean International, LLC American Biltrite (Canada), Ltd. Mannington Mills, Inc. Bentley Mills, Inc. Mathusek, Incorporated BOSS CARPET ONE, LLC Mats, Inc. dba Matter Surfaces Britespan Building Systems, Inc. Maxxon, Inc. CBC America, LLC dba TOLI International TOLI TOLI Corp. MegaCera, LLC CDK Logistics, LLC Milliken & Company cfs INTERIORS & FLOORING Milliken Services, LLC Champion Flooring Mohawk Carpet Distribution, LLC Division 9 Flooring NPN Carpet Installation, Inc. DocuSign Envelope ID: 84096366-2C22-4E08-8244-E13A6551E07D Sourcewell Page 2 of 6 Ecore International NWT & Nunavut Construction Association Emser Tile, LLC Opler Flooring Engineered Floors, LLC dba J+J Flooring Group PANDAFLOOR CONTRACTING, LTD Equitable PWXPress Excelsior Concrete Coatings RB & G Products, LLC dba Zandur Facility Armor Regina Construction Association Floorsite, Inc. Resell Solutions, LLC Forbo Flooring, Inc., dba Forbo Flooring Systems Roppe Holding Company Freedom Construction, LLC Sentinel Polymers Canada, Inc. Gerflor USA Share Corporation Giant Floor and Wall Covering Co., Inc. Shaw Integrated and Turf Solutions, Inc. Good News Group, Inc. Sled Consulting, LLC Great Floors, Inc. Tarkett USA, Inc. healthchek network, LLC Tiles In Style DBA Taza Supplies, LLC Interface Americas, Inc. UPOFLOOR Americas, Inc. dba Kahrs Commercial Flooring All Proposals remained sealed within the Sourcewell Procurement Portal until the scheduled due date and time. Proposals were electronically opened, and the list of all Proposers was made publicly available on the Sourcewell Procurement Portal, on June 13, 2023 at 4:31:17 pm CT. Proposals were received from the following: Bentley Mills, Inc. CBC America, LLC dba TOLI International TOLI TOLI Corp. Champion Flooring Division 9 Flooring Emser Tile, LLC Engineered Floors, LLC dba J+J Flooring Group Facility Armor Forbo Flooring, Inc., dba Forbo Flooring Systems Gerflor USA Giant Floor and Wall Covering Co., Inc. Interface Americas, Inc. Karndean International, LLC Mannington Mills, Inc. Mats, Inc. dba Matter Surfaces Maxxon, Inc. MegaCera, LLC Milliken Services, LLC Mohawk Carpet Distribution, LLC RB & G Products, LLC dba Zandur Roppe Holding Company Shaw Integrated and Turf Solutions, Inc. Tarkett USA, Inc. UPOFLOOR Americas, Inc. dba Kahrs Commercial Flooring DocuSign Envelope ID: 84096366-2C22-4E08-8244-E13A6551E07D Sourcewell Page 3 of 6 Proposals were reviewed by the Proposal Evaluation Committee: James Voelker, CPCM, CFCM, Procurement Supervisor Carol Jackson, Procurement Analyst Brandon Town, NIGP-CPP, CPSM, CPSD, Procurement Analyst Nick Scholer, Procurement Analyst The findings of the Proposal Evaluation Committee are summarized as follows: The Proposal Evaluation Committee applied the Sourcewell RFP evaluation criteria and determined that the products and services offered in the proposal response from Champion Flooring, fell outside of the Requested Equipment, Products, or Services of the RFP. All other proposals were found to meet the scope and mandatory submittal requirements and were evaluated. Bentley Mills, Inc., manufactures a wide selection of flooring options including resilient, vinyl, broadloom, carpet tile, flooring hybrid, and rugs. Their sales staff and service network will work throughout the United States and Canada to serve Sourcewell participating entities. Bently Mills, Inc., actively promotes recycling and carpet waste minimization through their FULFILL program. They are offering substantial discounts off list price. Division 9 Flooring, distributes a comprehensive catalog of flooring solutions such as resilient, ceramic, porcelain tile, wood, hardwood, laminate, rubber, vinyl, broadloom, carpet tile, epoxy, flooring hybrids, floor mats, and rugs. Their sales and installers are ready to serve Sourcewell participating entities in the United States and Canada. Division 9 Flooring is a nationally certified Woman-Owned Business from both NWBOC and WBENC. They are offering Sourcewell participating entities competitive pricing discounts. Forbo Flooring, Inc., provides a broad offering of flooring types including resilient, vinyl, broadloom, carpet tile, flooring hybrids, and floor mats. Their sales staff and dealer network will serve Sourcewell participating entities throughout the United States and Canada. All of Forbo Flooring’s product categories offer 100% safe and traceable raw materials. They are offering considerable discounts off list price. Interface Americas, Inc., manufactures a variety of flooring options such as resilient, rubber, vinyl, and carpet tile. Their sales team and extensive dealer network are ready to serve Sourcewell participating entities in the United States. Interface Americas’ flooring products are carbon neutral across their full product life cycle through their third-party verified Carbon Neutral Floors™ program. They are offering Sourcewell participating entities solid pricing discount. Mannington Mills, Inc., is a manufacturer of resilient, rubber, vinyl, broadloom, carpet tile, and rug flooring solutions. Their regionally aligned sales teams and 400 dealer/installer partners will work throughout the United States to serve Sourcewell participating entities. Mannington Mills’ commercial products can also contribute credits towards LEED, WELL, and other green building rating certifications. They are offering competitive discounts off list price. Mats, Inc., distributes a solid selection of resilient, wood, rubber, vinyl, broadloom, carpet tile, flooring hybrids, floor mats, and rug flooring materials. Their internal sales staff and dealer partners are ready to serve Sourcewell participating entities in the United States and Canada. Mats, Inc., offers sustainable flooring solutions that support green building and certification programs including LEED, Mindful Materials, and WELL Building Standard and are also a signatory of the Manufacturer Materials Pledge with Mindful Materials. They are offering Sourcewell participating entities solid discounts from list pricing. DocuSign Envelope ID: 84096366-2C22-4E08-8244-E13A6551E07D Sourcewell Page 4 of 6 Milliken Services, LLC, provides a full selection of flooring solutions including resilient, ceramic, porcelain tile, wood, hardwood, laminate, rubber, vinyl, broadloom, carpet tile, epoxy, flooring hybrids, floor mats, and rugs. Their sales staff and dealer network of over 7000 will work throughout the United States and Canada to serve Sourcewell participating entities. Milliken Services’ acoustic technology of their carpet tile solutions reduces in- room and through-floor noise by up to 50% compared to other flooring. They are offering substantial discounts off list price. Mohawk Carpet Distribution, LLC, manufactures a wide variety of flooring solutions including resilient, laminate, rubber, vinyl, broadloom, and carpet tile. Their commercial sales force and dealer network are ready to serve Sourcewell participating entities in the United States and Canada. Mohawk Carpet Distribution’s EcoFlex ONE backing is 100% carbon neutral and additionally provides a 5% carbon offset. They are offering Sourcewell participating entities solid pricing discounts. Roppe Holding Company, is a manufacturer of flooring solutions such as resilient, rubber, and vinyl. Their regionally aligned sales staff and distributor partners will work throughout the United States and Canada to serve Sourcewell participating entities. All of Roppe Holding Company’s products are emissions tested to GreenGuard Gold or FloorScore certification. They are offering competitive discounts off list price. Shaw Integrated and Turf Solutions, Inc., provides a large selection of resilient, ceramic, porcelain tile, wood, vinyl, broadloom, carpet tile, flooring hybrids, floor mats, and rug flooring solutions. Their sales staff and installation partners are ready to serve Sourcewell participating entities in the United States and Canada. Shaw’s re[TURN]® Reclamation Program allows for the return of EcoWorx, ReWorx, and Shaw-made resilient flooring to be diverted from landfills and recycled into new products. They are offering Sourcewell participating entities substantial pricing discounts. Tarkett USA, Inc., manufactures a wide selection of resilient, ceramic, porcelain tile, laminate, rubber, vinyl, broadloom, carpet tile, epoxy, and flooring hybrid solutions. Their sales force and approved dealer network will work throughout the United States and Canada to serve Sourcewell participating entities. Tarkett USA’s products are Cradle to Cradle Certified™ for five criteria which include, material health, product circularity, renewable energy and climate requirements, water stewardship, and social fairness. They are offering competitive discounts off list price. For these reasons, the Sourcewell Proposal Evaluation Committee recommends award of Sourcewell Contract #061323 to: Bentley Mills, Inc. #061323-BPS Division 9 Flooring #061323-DV9 Forbo Flooring, Inc., dba Forbo Flooring Systems #061323-FRO Interface Americas, Inc. #061323-IFA Mannington Mills, Inc. #061323-MMI Mats, Inc. dba Matter Surfaces #061323-MAT Milliken Services, LLC #061323-MAC Mohawk Carpet Distribution, LLC #061323-MCD Roppe Holding Company #061323-RPP Shaw Integrated and Turf Solutions, Inc. #061323-SII Tarkett USA, Inc. #061323-TFU DocuSign Envelope ID: 84096366-2C22-4E08-8244-E13A6551E07D Sourcewell Page 5 of 6 The preceding recommendations were approved on July 21, 2023. _____________________________________ James Voelker, CPCM, CFCM, Procurement Supervisor _____________________________________ Carol Jackson, Procurement Analyst ______________________________________ Brandon Town, NIGP-CPP, CPSM, CPSD, Procurement Analyst _____________________________________ Nick Scholer, Procurement Analyst DocuSign Envelope ID: 84096366-2C22-4E08-8244-E13A6551E07D Sourcewell Page 6 of 6 STATEMENT OF COMPLIANCE As Chief Procurement Officer for Sourcewell, I have reviewed the recommendation of the Evaluation Committee and the accompanying support materials documenting the process followed for RFP #061323 for Flooring Materials with Related Supplies and Services. The committee accepted, deemed responsive, evaluated, and recommended proposals for award. Under authority granted to the Chief Procurement Officer in Sourcewell’s bylaws, the recommendations set forth above are approved. I hereby certify: 1. Sourcewell is a government agency, created and authorized by Minnesota law to provide cooperative procurement contracts. 2. The procurement process and resulting contracts have been awarded in compliance with the laws of the State of Minnesota (Minnesota Statutes Chapter 471 and Minnesota Statutes Section 123A.21), and in conformity to Sourcewell’s Procurement Policy. __ Jeremy Schwartz, CSSBB, CPPO, NIGP-CPP Sourcewell Chief Procurement Officer DocuSign Envelope ID: 84096366-2C22-4E08-8244-E13A6551E07D Rev. 3/2022 Sourcewell RFP #061323 Flooring Materials with Related Supplies and Services Page 1 RFP #061323 REQUEST FOR PROPOSALS for Flooring Materials with Related Supplies and Services Proposal Due Date: June 13, 2023, 4:30 p.m., Central Time Sourcewell, a State of Minnesota local government unit and service cooperative, is requesting proposals for Flooring Materials with Related Supplies and Services to result in a contracting solution for use by its Participating Entities. Sourcewell Participating Entities include thousands of governmental, higher education, K-12 education, nonprofit, tribal government, and other public agencies located in the United States and Canada. A full copy of the Request for Proposals can be found on the Sourcewell Procurement Portal [https://proportal.sourcewell-mn.gov]. Only proposals submitted through the Sourcewell Procurement Portal will be considered. Proposals are due no later than June 13, 2023, at 4:30 p.m. Central Time, and late proposals will not be considered. SOLICITATION SCHEDULE Public Notice of RFP Published: April 25, 2023 Pre-proposal Conference: May 17, 2023, 10:00 a.m., Central Time Question Submission Deadline: June 5, 2023, 4:30 p.m., Central Time Proposal Due Date: June 13, 2023, 4:30 p.m., Central Time Late responses will not be considered. Opening: June 13, 2023, 6:30 p.m., Central Time See RFP Section V.G. “Opening” Rev. 3/2022 Sourcewell RFP #061323 Flooring Materials with Related Supplies and Services Page 2 I. ABOUT SOURCEWELL A. SOURCEWELL Sourcewell is a State of Minnesota local government unit and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that facilitates a competitive public solicitation and contract award process for the benefit of its 50,000+ participating entities across the United States and Canada. Sourcewell’s solicitation process complies with State of Minnesota law and policies, conforms to Canadian trade agreements (including Canadian Free Trade Agreement, Ontario-Quebec Trade and Cooperation Agreement, and Canada-European Union Comprehensive Economic and Trade Agreement, as applicable), and results in cooperative purchasing solutions from which Sourcewell’s Participating Entities procure equipment, products, and services. Cooperative purchasing provides participating entities and suppliers increased administrative efficiencies and the power of combined purchasing volume that result in overall cost savings. At times, Sourcewell also partners with other purchasing cooperatives to combine the purchasing volume of their membership into a single solicitation and contract expanding the reach of contracted suppliers’ potential pool of end users. Sourcewell uses a website-based platform, the Sourcewell Procurement Portal, through which all proposals to this RFP must be submitted. B. USE OF RESULTING CONTRACTS In the United States, Sourcewell’s contracts are available for use by: • Federal and state government entities1; • Cities, towns, and counties/parishes; • Education service cooperatives; • K-12 and higher education entities; • Tribal government entities; • Some nonprofit entities; and • Other public entities. In Canada, Sourcewell’s contracts are available for use by: • Provincial and territorial government departments, ministries, agencies, boards, councils, committees, commissions, and similar agencies; • Indigenous self-governing bodies; • Regional, local, district, and other forms of municipal government, municipal organizations, school boards, and publicly funded academic, health, and social service 1 Pursuant to HAR §3-128-2, the State of Hawaii, Department of Accounting and General Services, State Procurement Office, on behalf of the State of Hawaii and participating jurisdictions, has provided notice of its Intent to Participate in the solicitation as a participating entity. Rev. 3/2022 Sourcewell RFP #061323 Flooring Materials with Related Supplies and Services Page 3 entities referred to as MASH sector (this should be construed to include but not be limited to the Cities of Calgary, Edmonton, Toronto, Ottawa, and Winnipeg), as well as any corporation or entity owned or controlled by one or more of the preceding entities; • Crown corporations, government enterprises, and other entities that are owned or controlled by these entities through ownership interest; and • Members of the Canoe procurement group of Canada, and their partner associations: Canoe members are regional, local, district or other forms of municipal government, school boards, publicly-funded academic, health and social service entities in Alberta and across Canada, as well as any corporation or entity owned or controlled by one or more of the preceding entities – as well as partner associations, including Saskatchewan Association of Rural Municipalities, Association of Manitoba Municipalities, Local Authorities Services/Association of Municipalities Ontario, Nova Scotia Federation of Municipalities, Federation of Prince Edward Island Municipalities, Municipalities Newfoundland Labrador, Union of New Brunswick Municipalities, North West Territories Association of Communities, CivicInfo BC, and their members. For a listing of current United States and Canadian Participating Entities visit Sourcewell’s website (note: there is a tab for each country): https://www.sourcewell-mn.gov/sourcewell-for- vendors/agency-locator. Participating Entities typically access contracted equipment, products, or services through a purchase order issued directly to the contracted supplier. A Participating Entity may request additional terms or conditions related to a purchase. Use of Sourcewell contracts is voluntary and Participating Entities retain the right to obtain similar equipment, products, or services from other sources. To meet Participating Entities’ needs, Sourcewell broadly publishes public notice of all solicitation opportunities, including this RFP. In addition, where applicable, other purchasing cooperatives and procurement officials receive notice and are encouraged to re-post the solicitation opportunity. Proof of publication will be available at the conclusion of the solicitation process. II. SOLICITATION DETAILS A. SOLUTIONS-BASED SOLICITATION This RFP and contract award process is a solutions-based solicitation; meaning that Sourcewell is seeking equipment, products, or services that meet the general requirements of the scope of this RFP and that are commonly desired or are required by law or industry standards. Rev. 3/2022 Sourcewell RFP #061323 Flooring Materials with Related Supplies and Services Page 4 B. REQUESTED EQUIPMENT, PRODUCTS, OR SERVICES It is expected that proposers will offer a wide array of equipment, products, or services at lower prices and with better value than what they would ordinarily offer to a single government entity, a school district, or a regional cooperative. 1. Sourcewell is seeking proposals for Flooring Materials with Related Supplies and Services, that include, but are not limited to the following types of flooring solutions; a. Resilient; b. Ceramic; c. Porcelain Tile; d. Wood; e. Hardwood; f. Laminate; g. Rubber; h. Vinyl; i. Broadloom carpet; j. Carpet Tile; k. Epoxy; l. Flooring hybrids; m. Floor mats; n. Rugs; o. Supplies related to the removal, installation, maintenance, restoration, and cleaning of flooring materials complementary to the offering above (a. – n); and, p. Services related to the design services, removal, installation, maintenance, restoration and cleaning of flooring materials complementary to the offering above (a. – n.). Proposers may include related equipment, accessories, supplies and services to the extent that these solutions are ancillary or complementary to the equipment, products, or services being proposed. 2. The primary focus of this solicitation is on Flooring Materials with Related Supplies and Services. This solicitation should NOT be construed to include a services-only solutions. 3. This solicitation does not include those equipment, products, or services covered under categories included in pending or planned Sourcewell solicitations, or in contracts currently maintained by Sourcewell, identified below: a. Athletic Surfaces with Installation, Related Equipment, Materials, and Services (RFP #031022); and, b. Artificial Turf and Tracks with Installation, Related Equipment, Materials, and Supplies (RFP #031622). Rev. 3/2022 Sourcewell RFP #061323 Flooring Materials with Related Supplies and Services Page 5 Generally, the solutions for Participating Entities are turn-key solutions, providing a combination of equipment, products and services, delivery, and installation to a properly operating status. However, equipment-only or products-only solutions may be appropriate for situations where Participating Entities possess the ability, either in-house or through local third- party contractors, to properly install and bring to operation the equipment or products being proposed. Sourcewell prefers suppliers that provide a sole source of responsibility for the equipment, products, and services provided under a resulting contract. If proposer is including the equipment, products, and services of its subsidiary entities, the proposer must also identify all included subsidiaries in its proposal. If proposer requires the use of distributors, dealers, resellers, or subcontractors to provide the equipment, products, or services, the proposal must address how the equipment, products or services will be provided to Participating Entities, and describe the network of distributors, dealers, resellers, and/or subcontractors that will be available to serve Participating Entities under a resulting contract. Sourcewell encourages suppliers to offer the broadest possible selection of equipment, products, and services being proposed over the largest possible geographic area and to the largest possible cross-section of Sourcewell current and future Participating Entities. C. REQUIREMENTS It is expected that proposers have knowledge of all applicable industry standards, laws, and regulations and possess an ability to market and distribute the equipment, products, or services to Participating Entities. 1. Safety Requirements. All items proposed must comply with current applicable safety or regulatory standards or codes. 2. Deviation from Industry Standard. Deviations from industry standards must be identified with an explanation of how the equipment, products, and services will provide equivalent function, coverage, performance, and/or related services. 3. New Equipment and Products. Proposed equipment and products must be for new, current model; however, proposer may offer certain close-out equipment or products if it is specifically noted in the Pricing proposal. 4. Delivered and operational. Unless clearly noted in the proposal, equipment and products must be delivered to the Participating Entity as operational. 5. Warranty. All equipment, products, supplies, and services must be covered by a warranty that is the industry standard or better. D. PROSPECTIVE CONTRACT TERM The term of any resulting contract(s) awarded by Sourcewell under this solicitation will be four years. Sourcewell and supplier may agree to up to three additional one-year extensions based on the best interests of Sourcewell and its Participating Entities. Sourcewell retains the right to Rev. 3/2022 Sourcewell RFP #061323 Flooring Materials with Related Supplies and Services Page 6 consider additional extensions beyond seven years as required under exceptional circumstances. E. ESTIMATED CONTRACT VALUE AND USAGE Based on past volume of similar contracts, the estimated annual value of all transactions from contracts resulting from this RFP are anticipated to be USD $60 Million; therefore, proposers are expected to propose volume pricing. Sourcewell anticipates considerable activity under the contract(s) awarded from this RFP; however, sales and sales volume from any resulting contract are not guaranteed. F. MARKETING PLAN Proposer’s sales force will be the primary source of communication with Participating Entities. The proposer’s Marketing Plan should demonstrate proposer’s ability to deploy a sales force or dealer network to Participating Entities, as well as proposer’s sales and service capabilities. It is expected that proposer will promote and market any contract award. G. ADDITIONAL CONSIDERATIONS 1. Contracts will be awarded to proposers able to best meet the need of Participating Entities. Proposers should submit their complete line of equipment, products, or services that are applicable to the scope of this RFP. 2. A proposer may submit only one proposal. If related, affiliated, or subsidiary entities elect to submit separate proposals, rather than a single parent-entity proposal, each such proposal must be prepared independently and without cooperation, collaboration, or collusion. 3. If a proposer works with a consultant on its proposal, the consultant (an individual or company) may not assist any other entity with a proposal for this solicitation. 4. Proposers should include all relevant information in its proposal, since Sourcewell cannot consider information that is not included in the proposal. Sourcewell reserves the right to verify proposer’s information and may request clarification from a proposer, including samples of the proposed equipment or products. 5. Depending upon the responses received in a given category, Sourcewell may need to organize responses into subcategories in order to provide the broadest coverage of the requested equipment, products, or services to Participating Entities. Awards may be based on a subcategory. 6. A proposer’s documented negative past performance with Sourcewell or its Participating Entities occurring under a previously awarded Sourcewell contract may be considered in the evaluation of a proposal. Rev. 3/2022 Sourcewell RFP #061323 Flooring Materials with Related Supplies and Services Page 7 III. PRICING A. REQUIREMENTS All proposed pricing must be: 1. Either Line-Item Pricing or Percentage Discount from Catalog Pricing, or a combination of these: a. Line-item Pricing is pricing based on each individual product or services. Each line must indicate the proposer’s published “List Price,” as well as the “Contract Price.” b. Percentage Discount from Catalog or Category is based on a percentage discount from a catalog or list price, defined as a published Manufacturer’s Suggested Retail Price (MSRP) for the products or services. Individualized percentage discounts can be applied to any number of defined product groupings. Proposers will be responsible for providing and maintaining current published MSRP with Sourcewell, and this pricing must be included in its proposal and provided throughout the term of any contract resulting from this RFP. 2. The proposer’s not to exceed price. A not to exceed price is the highest price for which equipment, products, or services may be billed to a Participating Entity. However, it is permissible for suppliers to sell at a price that is lower than the contracted price. 3. Stated in U.S. and Canadian dollars (as applicable). 4. Clearly understandable, complete, and fully describe the total cost of acquisition (e.g., the cost of the proposed equipment, products, and services delivered and operational for its intended purpose in the Participating Entity’s location). Proposers should clearly identify any costs that are NOT included in the proposed product or service pricing. This may include items such as installation, set up, mandatory training, or initial inspection. Include identification of any parties that impose such costs and their relationship to the proposer. Additionally, proposers should clearly describe any unique distribution and/or delivery methods or options offered in the proposal. B. ADMINISTRATIVE FEES Proposers awarded a contract are expected to pay to Sourcewell an administrative fee in exchange for Sourcewell facilitating the resulting contracts. The administrative fee is normally calculated as a percentage of the total sales to Participating Entities for all contracted equipment, products, or services made during a calendar quarter, and is typically one percent (1%) to two percent (2%). In some categories, a flat fee may be an acceptable alternative. IV. CONTRACT Proposers awarded a contract will be required to execute a contract with Sourcewell (see attached template). Only those modifications the proposer indicates in its proposal will be available for discussion. Much of the language in the Contract reflects Minnesota legal requirements and cannot be altered. Numerous and/or onerous exceptions that contradict Rev. 3/2022 Sourcewell RFP #061323 Flooring Materials with Related Supplies and Services Page 8 Minnesota law may result in the proposal being disqualified from further review and evaluation. To request a modification to the template Contract, a proposer must submit the Exceptions to Terms, Conditions, or Specifications table with its proposal. Only those exceptions noted at the time of the proposal submission will be considered. Exceptions must: 1. Clearly identify the affected article and section. 2. Clearly note the requested modification; and as applicable, provide requested alternative language. Unclear requests will be automatically denied. Only those exceptions that have been accepted by Sourcewell will be included in the contract document provided to the awarded supplier for signature. If a proposer receives a contract award resulting from this solicitation it will have up to 30 days to sign and return the contract. After that time, at Sourcewell’s sole discretion, the contract award may be revoked. V. RFP PROCESS A. PRE-PROPOSAL CONFERENCE Sourcewell will hold an optional, non-mandatory pre-proposal conference via webcast on the date and time noted in the Solicitation Schedule for this RFP and on the Sourcewell Procurement Portal. The purpose of this conference is to allow potential proposers to ask questions regarding this RFP and Sourcewell’s competitive contracting process. Information about the webcast will be sent to all entities that have registered for this solicitation opportunity through their Sourcewell Procurement Portal Vendor Account. Pre-proposal conference attendance is optional. B. QUESTIONS REGARDING THIS RFP AND ORAL COMMUNICATION All questions regarding this RFP must be submitted through the Sourcewell Procurement Portal. The deadline for submission of questions is found in the Solicitation Schedule and on the Sourcewell Procurement Portal. Answers to questions will be issued through an addendum to this RFP. Repetitive questions will be summarized into a single answer and identifying information will be removed from the submitted questions. All questions, whether specific to a proposer or generally related to the RFP, must be submitted using this process. Do not contact individual Sourcewell staff to ask questions or request information as this may disqualify the proposer from responding to this RFP. Sourcewell will not respond to questions submitted after the deadline. Rev. 3/2022 Sourcewell RFP #061323 Flooring Materials with Related Supplies and Services Page 9 C. ADDENDA Sourcewell may modify this RFP at any time prior to the proposal due date by issuing an addendum. Addenda issued by Sourcewell become a part of the RFP and will be delivered to potential proposers through the Sourcewell Procurement Portal. Sourcewell accepts no liability in connection with the delivery of any addenda. Before a proposal will be accepted through the Sourcewell Procurement Portal, all addenda, if any, must be acknowledged by the proposer by checking the box for each addendum. It is the responsibility of the proposer to check for any addenda that may have been issued up to the solicitation due date and time. If an addendum is issued after a proposer submitted its proposal, the Sourcewell Procurement Portal will WITHDRAW the submission and change the proposer’s proposal status to INCOMPLETE. The proposer can view this status change in the “MY BIDS” section of the Sourcewell Procurement Portal Vendor Account. The proposer is solely responsible to check the “MY BIDS” section of the Sourcewell Procurement Portal Vendor Account periodically after submitting its proposal (and up to the Proposal Due Date). If the proposer’s proposal status has changed to INCOMPLETE, the proposer is solely responsible to: i) make any required adjustments to its proposal; ii) acknowledge the addenda; and iii) ensure the re-submitted proposal is received through the Sourcewell Procurement Portal no later than the Proposal Due Date and time shown in the Solicitation Schedule above. D. PROPOSAL SUBMISSION Proposer’s complete proposal must be submitted through the Sourcewell Procurement Portal no later than the date and time specified in the Solicitation Schedule. Any other form of proposal submission, whether electronic, paper, or otherwise, will not be considered by Sourcewell. Late proposals will not be considered. It is the proposer’s sole responsibility to ensure that the proposal is received on time. It is recommended that proposers allow sufficient time to upload the proposal and to resolve any issues that may arise. The time and date that a proposal is received by Sourcewell is solely determined by the Sourcewell Procurement Portal web clock. In the event of problems with the Sourcewell Procurement Portal, follow the instructions for technical support posted in the portal. It may take up to 24 hours to respond to certain issues. Upon successful submission of a proposal, the Sourcewell Procurement Portal will automatically generate a confirmation email to the proposer. If the proposer does not receive a confirmation email, contact Sourcewell’s support provider at support@bidsandtenders.ca. Rev. 3/2022 Sourcewell RFP #061323 Flooring Materials with Related Supplies and Services Page 10 To ensure receipt of the latest information and updates via email regarding this solicitation, or if the proposer has obtained this solicitation document from a third party, the onus is on the proposer to create a Sourcewell Procurement Portal Vendor Account and register for this solicitation opportunity. Within the Sourcewell Procurement Portal, all proposals must be digitally acknowledged by an authorized representative of the proposer attesting that the information contained in in the proposal is true and accurate. By submitting a proposal, proposer warrants that the information provided is true, correct, and reliable for purposes of evaluation for potential contract award. The submission of inaccurate, misleading, or false information is grounds for disqualification from a contract award and may subject the proposer to remedies available by law. E. GENERAL PROPOSAL REQUIREMENTS Proposals must be: • In substantial compliance with the requirements of this RFP or it will be considered nonresponsive and be rejected. • Complete. A proposal will be rejected if it is conditional or incomplete. • Submitted in English. • Valid and irrevocable for 90 days following the Proposal Due Date. Any and all costs incurred in responding to this RFP will be borne by the proposer. F. PROPOSAL WITHDRAWAL Prior to the proposal deadline, a proposer may withdraw its proposal. G. OPENING The Opening of proposals will be conducted electronically through the Sourcewell Procurement Portal. A list of all proposers will be made publicly available in the Sourcewell Procurement Portal after the Proposal Due Date, but no later than the Opening time listed in the Solicitation Schedule. To view the list of proposers, verify that the Sourcewell Procurement Portal opportunities list search is set to “All” or “Closed.” The solicitation status will automatically change to “Closed” after the Proposal Due Date and Time. VI. EVALUATION AND AWARD A. EVALUATION It is the intent of Sourcewell to award one or more contracts to responsive and responsible proposers offering the best overall quality, selection of equipment, products, and services, and Rev. 3/2022 Sourcewell RFP #061323 Flooring Materials with Related Supplies and Services Page 11 price that meet the commonly requested specifications of Sourcewell and its Participating Entities. The award(s) will be limited to the number of proposers that Sourcewell determines is necessary to meet the needs of its Participating Entities. Factors to be considered in determining the number of contracts to be awarded in any category may include the following: • Total evaluation scores (giving consideration to natural breaks in the scoring of responsive proposals); • The number and geographic location of highest-scoring proposers that offer: o A comprehensive selection of the requested equipment, products, or services; o A sales and service network ensuring availability and coverage for Participating Entities’ use; and o Other attributes of the proposer or contents of its proposal that assist Participating Entities in achieving environmental and social requirements, and goals. Information submitted as part of a proposal should be as specific as possible when responding to the RFP. Do not assume Sourcewell has any knowledge about a specific supplier or product. B. AWARD(S) Award(s) will be made to the highest-scoring proposer(s) whose proposal conforms to all conditions and requirements of the RFP, and consistent with the award criteria defined in this RFP. Sourcewell may request written clarification of a proposal at any time during the evaluation process. Proposal evaluation will be based on the following scoring criteria and the Sourcewell Evaluator Scoring Guide (a copy is available in the Sourcewell Procurement Portal): Conformance to RFP Requirements 50 Financial Viability and Marketplace Success 75 Ability to Sell and Deliver Service 100 Marketing Plan 50 Value Added Attributes 75 Warranty 50 Depth and Breadth of Offered Equipment, Products, or Services 200 Pricing 400 TOTAL POINTS 1000 C. PROTESTS OF AWARDS Any protest made under this RFP by a proposer must be in writing, addressed to Sourcewell’s Executive Director, and delivered to the Sourcewell office located at 202 12th Street NE, P.O. Rev. 3/2022 Sourcewell RFP #061323 Flooring Materials with Related Supplies and Services Page 12 Box 219, Staples, MN 56479. All documents that comprise the complete protest package must be received, and time stamped at the Sourcewell office by 4:30 p.m., Central Time, no later than 10 calendar days following Sourcewell’s notice of contract award(s) or non-award. and must be time stamped by Sourcewell no later than 4:30 p.m., Central Time. A protest must allege a procedural, technical, or legal defect, with supporting documentation. A protest that merely requests a re-evaluation of a proposal’s content will not be entertained A protest must include the following items: • The name, address, and telephone number of the protester; • Identification of the solicitation by RFP number; • A precise statement of the relevant facts; • Identification of the alleged procedural, technical, or legal defect; • Analysis of the basis for the protest; • Any additional supporting documentation; • The original signature of the protester or its representative; and • Protest bond in the amount of $20,000 (except where prohibited by law or treaty). Protests that do not address these elements will not be reviewed. D. RIGHTS RESERVED This RFP does not commit Sourcewell to award any contract, and a proposal may be rejected if it is nonresponsive, conditional, incomplete, conflicting, or misleading. Proposals that contain false statements or do not support an attribute or condition stated by the proposer may be rejected. Sourcewell reserves the right to: • Modify or cancel this RFP at any time; • Reject any and all proposals received; • Reject proposals that do not comply with the provisions of this RFP; • Select, for contracts or for discussion, a proposal other than that with the lowest cost; • Independently verify any information provided in a proposal; • Disqualify any proposer that does not meet the requirements of this RFP, is debarred or suspended by the United States or Canada, State of Minnesota, Participating Entity’s state or province; has an officer, or other key personnel, who have been charged with a serious crime; or is bankrupt, insolvent, or where bankruptcy or insolvency are a reasonable prospect; • Waive or modify any informalities, irregularities, or inconsistencies in the proposals received; • Clarify any part of a proposal and discuss any aspect of the proposal with any proposer; and negotiate with more than one proposer; • Award a contract if only one responsive proposal is received if it is in the best interest of Participating Entities; and Rev. 3/2022 Sourcewell RFP #061323 Flooring Materials with Related Supplies and Services Page 13 • Award a contract to one or more proposers if it is in the best interest of Participating Entities. E. DISPOSITION OF PROPOSALS All materials submitted in response to this RFP will become property of Sourcewell and will become public record in accordance with Minnesota Statutes Section 13.591, after negotiations are complete. Sourcewell considers that negotiations are complete upon execution of a resulting contract. It is the proposer’s responsibility to clearly identify any data submitted that it considers to be protected. Proposer must also include a justification for the classification citing the applicable Minnesota law. Sourcewell may reject proposals that are marked confidential or nonpublic, either substantially or in their entirety. Sourcewell will not consider the prices submitted by the proposer to be confidential, proprietary, or trade secret materials. Financial information, including financial statements, provided by a proposer is not considered trade secret under the statutory definition. 05/09/2023 Addendum No. 1 Solicitation Number: RFP 061323 Solicitation Name: Flooring Materials, with Related Supplies and Services Consider the following Question and Answer to be part of the above-titled solicitation documents. The remainder of the documents remain unchanged. Question 1: Referencing Table 14B Line Item 95, “Describe any performance standards or guarantees that apply to your services”. Is “services” intended to mean Installation Services or Warranty Services? Answer 1: Table 14A affords a proposer the opportunity to describe their warranty program and coverages. Table 14B is intended to allow a proposer to describe any performance standards or guarantees associated with any services offered as part of their proposal. End of Addendum Acknowledgement of this Addendum to RFP 061323 posted to the Sourcewell Procurement Portal on 05/09/2023, is required at the time of proposal submittal. 05/16/2023 Addendum No. 2 Solicitation Number: RFP 061323 Solicitation Name: Flooring Materials, with Related Supplies and Services Consider the following Question and Answer to be part of the above-titled solicitation documents. The remainder of the documents remain unchanged. Question 1: Will the pre-proposal conference be recorded? Answer 1: A copy of the presentation slides for the Sourcewell pre-proposal conference will be made available to all registered vendors after the completion of the webcast. In addition, assuming no technical difficulties, a link to a recording of the webcast will be shared and posted within the RFP’s “Bid Documents” section on the Sourcewell Procurement Portal. End of Addendum Acknowledgement of this Addendum to RFP 061323 posted to the Sourcewell Procurement Portal on 05/16/2023, is required at the time of proposal submittal. 05/17/2023 Addendum No. 3 Solicitation Number: RFP 061323 Solicitation Name: Flooring Materials, with Related Supplies and Services Consider the following Question and Answer to be part of the above-titled solicitation documents. The remainder of the documents remain unchanged. Question 1: Table 2B: Indicate below if the listed products or services are offered within your proposal. Provide additional comments in the text box provided, as necessary. Where is the text box or how do we add a box to provide additional comments. Answer 1: The text box was not appearing due to a system setting oversight and has since been corrected. End of Addendum Acknowledgement of this Addendum to RFP 061323 posted to the Sourcewell Procurement Portal on 05/17/2023, is required at the time of proposal submittal. 05/18/2023 Addendum No. 4 Solicitation Number: RFP 061323 Solicitation Name: Flooring Materials, with Related Supplies and Services Consider the following Questions and Answers to be part of the above-titled solicitation documents. The remainder of the documents remain unchanged. Question 1: What is the expected delivery timeframe after a PO is issued? Answer 1: Sourcewell utilizes a competitive, solutions-based solicitation approach that is not based on detailed specifications, finite quantities, or pre-determined locations. Sourcewell participating entities include thousands of public agencies located in the United States and Canada. There is no estimate of participating entity use by service type or category. Question 2: Can you elaborate on the marketing plan? It is unclear to me to whom my firm will be promoting and marketing our services/goods, and what such promotional activities might look like. Answer 2: Refer to RFP Section II. F. – Marketing Plan for guidance on the marketing plan requirements. Each proposer, in its discretion, will determine the content of its marketing plan. The solicitation is a competitive process and proposals will be evaluated on the content submitted. Question 3: If my company does not have a CAGE code or a Unique Entity Identifier (SAM), only a Federal Employer Identification Number (FEIN), are we allowed to participate in the RFP? Answer 3: A CAGE or Unique Entity Identifier (SAM) code is not required to be considered for or awarded a Sourcewell contract. Proposals are evaluated based on the criteria as stated in the RFP. Refer to the General Instructions above Questionnaire Table 1 – “…respond “N/A” if the question does not apply to you (preferably with an explanation).” End of Addendum Acknowledgement of this Addendum to RFP 061323 posted to the Sourcewell Procurement Portal on 05/18/2023, is required at the time of proposal submittal. 05/23/2023 Addendum No. 5 Solicitation Number: RFP 061323 Solicitation Name: Flooring Materials, with Related Supplies and Services Consider the following Question and Answer to be part of the above-titled solicitation documents. The remainder of the documents remain unchanged. Question 1: Referencing Table 7 Line Item 51: When asking about our company's expectations in the event of an award, what are you really referring to? Answer 1: In the competitive process, Sourcewell will not advise a proposer on the content of the proposal. It is left to the discretion of each proposer to determine their internal expectations should they be awarded a contract. End of Addendum Acknowledgement of this Addendum to RFP 061323 posted to the Sourcewell Procurement Portal on 05/23/2023, is required at the time of proposal submittal. . 05/30/2023 Addendum No. 6 Solicitation Number: RFP 061323 Solicitation Name: Flooring Materials with Related Supplies and Services Consider the following Addendum to be part of the above-titled solicitation documents. The remainder of the documents remain unchanged. RFP Addendum: The provider that services the Sourcewell Procurement Portal rescheduled a production release of their application. Due to this update, the Sourcewell Procurement Portal will be inaccessible during the release night of June 12, 2023 from 7:00 pm to 12:00am (EST). The remainder of the RFP content and the solicitation schedule remains unchanged. End of Addendum Acknowledgement of this Addendum to RFP 061323 posted to the Sourcewell Procurement Portal on 05/30/2023, is required at the time of proposal submittal. 06/02/2023 Addendum No. 7 Solicitation Number: RFP 061323 Solicitation Name: Flooring Materials, with Related Supplies and Services Consider the following Question and Answer to be part of the above-titled solicitation documents. The remainder of the documents remain unchanged. Question 1: Item 97: To identify any exception, or to request any modification, to Sourcewell standard Contract terms, conditions, or specifications, a Proposer must submit the proposed exception(s) or requested modification(s) via redline in the Contract Template provided in the “Bid Documents” section. Proposer must upload the redline in the “Requested Exceptions” upload field. All exceptions and/or proposed modifications are subject to review and approval by Sourcewell and will not automatically be included in the Contract. Where do we find this Contract Template? Additionally, where do we locate the standard contract terms and conditions? Answer 1: The Contract Template is available for download (as well as the RFP) on the Bid Details page of the Sourcewell Procurement portal. The Contract Template contains the standard contract terms and conditions. End of Addendum Acknowledgement of this Addendum to RFP 061323 posted to the Sourcewell Procurement Portal on 06/02/2023, is required at the time of proposal submittal. STYLE NUMBER STYLE NAME TYPE Collection UOM LIST PRICE % DISCOUNT MEMBER PRICE (USD) MEMBER PRICE (CAD) BROADLOOM 60728 ACCOMPLISH CLASSICBAC®BROADLOOM ABUNDANT LIFE II SY 30.09$ 34.19%19.80$ 27.02$ 5A253 ACCORD CLASSICBAC®BROADLOOM SIMPLY BY NATURE SY 19.71$ 33.93%13.03$ 17.78$ 5A297 ADAGE ULTRALOC® MB BROADLOOM CULTIVATE SOUL SY 69.36$ 33.95%45.81$ 62.52$ 5A367 AMBITION IV 20 CLASSICBAC®BROADLOOM SY 15.55$ 32.15%10.55$ 14.40$ 5A368 AMBITION IV 26 CLASSICBAC®BROADLOOM SY 18.61$ 32.17%12.63$ 17.24$ 5A252 AMEND CLASSICBAC®BROADLOOM SIMPLY BY NATURE SY 19.71$ 33.93%13.03$ 17.78$ 5A176 AMPLIFY ULTRALOC®BROADLOOM BRIGHTWORK SY 43.00$ 33.92%28.41$ 38.78$ 5A270 ARCHWAY ULTRALOC®BROADLOOM SY 125.93$ 33.94%83.19$ 113.54$ 5A208 ARTISAN LOOM ULTRALOC®BROADLOOM DESIGN JOURNEY SY 86.23$ 33.92%56.98$ 77.77$ 5A283 ARTIST PALETTE ULTRALOC®BROADLOOM SY 98.25$ 33.94%64.90$ 88.58$ 60759 ASPIRE CLASSICBAC®BROADLOOM ABUNDANT LIFE II SY 35.66$ 33.89%23.58$ 32.18$ 5A267 ATLAS ULTRALOC®BROADLOOM NO COLLECTION SY 110.14$ 33.95%72.75$ 99.29$ 5A219 BASE METAL WOVEN UNITARY BROADLOOM NOBLE MATERIALS SY 147.26$ 33.93%97.30$ 132.80$ 60785 BATIK ULTRALOC®BROADLOOM GATHER SY 68.99$ 33.94%45.58$ 62.21$ 5A299 BELIEF ULTRALOC® MB BROADLOOM CULTIVATE SOUL SY 69.36$ 33.95%45.81$ 62.52$ 5A290 BELOW ULTRALOC®BROADLOOM CANOPY SY 24.58$ 33.93%16.24$ 22.17$ 5A243 BEYOND ULTRALOC®BROADLOOM OFF THE GRID SY 72.70$ 33.94%48.03$ 65.55$ 5A235 BIRCH CLASSICBAC®BROADLOOM PLACES SY 25.95$ 33.96%17.14$ 23.39$ 5A125 BLOG CLASSICBAC®BROADLOOM TURN-KEY SY 31.98$ 33.93%21.13$ 28.84$ 60746 BON JOUR II PERFORMANCE RUBBER BACKING BROADLOOM STEPPIN OUT SY 65.46$ 33.91%43.26$ 59.04$ 5A236 BOTAN ULTRALOC®BROADLOOM TERASU SY 46.15$ 33.91%30.50$ 41.63$ 5A381 BRAIDED ULTRALOC®BROADLOOM CULTURA SY 87.30$ 17.69%57.49$ 78.46$ 5A385 BREAKIN ULTRALOC®BROADLOOM MIKE FORD + SHAW CONTRACT SY 126.39$ 33.21%84.41$ 115.21$ 5A280 CARRARA ULTRALOC®BROADLOOM SY 111.53$ 33.94%73.68$ 100.56$ 5A281 CASCADE ULTRALOC®BROADLOOM SY 108.60$ 33.94%71.74$ 97.92$ 5A211 CHOK LOOM ULTRALOC®BROADLOOM DESIGN JOURNEY SY 92.78$ 33.93%61.30$ 83.67$ 5A374 CHRONICLE ULTRALOC® MB BROADLOOM ANTHOLOGY SY 38.26$ 30.71%26.51$ 36.19$ 5A345 COCOON CLASSICBAC®BROADLOOM LIVING ENVIRONMENTS SY 23.45$ 33.90%15.50$ 21.16$ 5A353 COLCA ULTRALOC®BROADLOOM WEST ELM + SHAW CONTRACT SY 92.43$ 33.93%61.06$ 83.34$ 5A375 COMPILATION ULTRALOC® MB BROADLOOM ANTHOLOGY SY 38.26$ 30.71%26.51$ 36.19$ 60550 CONSTELLATION ULTRLOC®BROADLOOM NO COLLECTION SY 34.30$ 33.97%22.65$ 30.91$ 5A213 CONTE' ULTRALOC®BROADLOOM HAND DRAWN SY 41.41$ 33.90%27.38$ 37.37$ 5A186 CONTOUR CLASSICBAC®BROADLOOM REWOVEN SY 27.88$ 33.95%18.41$ 25.13$ 5A178 CORE ULTRALOC®BROADLOOM ALTERNATURE SY 52.03$ 33.95%34.36$ 46.90$ 5A032 DESIGN SERIES V 30 CLASSICBAC®BROADLOOM NO COLLECTION SY 27.40$ 33.90%18.11$ 24.72$ 5A033 DESIGN SERIES V 36 CLASSICBAC®BROADLOOM NO COLLECTION SY 32.74$ 33.91%21.64$ 29.54$ 5A358 DIAMONDS ULTRALOC®BROADLOOM WEST ELM + SHAW CONTRACT SY 81.81$ 33.93%54.05$ 73.77$ 5A184 DIMENSION ULTRALOC®BROADLOOM REWOVEN SY 38.88$ 33.92%25.69$ 35.06$ 5A386 DJING ULTRALOC®BROADLOOM MIKE FORD + SHAW CONTRACT SY 126.39$ 33.21%84.41$ 115.21$ 5A276 DOTS ULTRALOC®BROADLOOM NO COLLECTION SY 67.19$ 33.93%44.39$ 60.59$ 5A272 DRIP ULTRALOC®BROADLOOM NO COLLECTION SY 108.03$ 33.94%71.36$ 97.40$ 5A164 ECLECTIC CLASSICBAC®BROADLOOM MIX SY 27.84$ 33.90%18.40$ 25.11$ 5A228 EDITION ULTRALOC®BROADLOOM MODERN EDIT SY 71.80$ 33.93%47.44$ 64.75$ 5A192 EFFECT ULTRALOC®BROADLOOM OPEN WORK SY 34.46$ 33.88%22.79$ 31.11$ 5A259 EMBRACE ULTRALOC® BROADLOOM COMMUNITY SY 81.23$ 33.93%53.66$ 73.24$ 5A387 EMCEE ULTRALOC®BROADLOOM MIKE FORD + SHAW CONTRACT SY 126.39$ 33.21%84.41$ 115.21$ 5A344 ENDEAVOR CLASSICBAC®BROADLOOM LIVING ENVIRONMENTS SY 15.85$ 25.24%11.85$ 16.17$ 5A349 ENHANCE SOLID CLASSICBAC®BROADLOOM LIVING ENVIRONMENTS SY 16.26$ 33.90%10.75$ 14.67$ 5A348 ENHANCE TONAL CLASSICBAC®BROADLOOM LIVING ENVIRONMENTS SY 16.26$ 33.90%10.75$ 14.67$ 5A214 ERASE ULTRALOC®BROADLOOM HAND DRAWN SY 41.41$ 33.90%27.38$ 37.37$ 5A242 ESCAPE ULTRALOC®BROADLOOM OFF THE GRID SY 51.51$ 33.92%34.04$ 46.46$ 5A188 ESSENTIAL CLASSICBAC®BROADLOOM TURN-KEY SY 19.71$ 33.93%13.03$ 17.78$ 5A373 ESTEEM ULTRALOC® MB BROADLOOM LIVING ENVIRONMENTS SY 31.29$ 32.20%21.21$ 28.95$ 5A221 FAULT ULTRALOC®BROADLOOM NOBLE MATERIALS SY 117.78$ 33.93%77.81$ 106.20$ 60497 FIELD TRIP ULTRLOC®BROADLOOM NO COLLECTION SY 32.85$ 33.94%21.70$ 29.62$ 5A356 FLAME ULTRALOC®BROADLOOM WEST ELM + SHAW CONTRACT SY 113.86$ 33.94%75.21$ 102.65$ 5A175 FLARE CLASSICBAC®BROADLOOM BRIGHTWORK SY 27.41$ 33.97%18.10$ 24.70$ 5A174 FLICKER CLASSICBAC®BROADLOOM BRIGHTWORK SY 27.41$ 33.97%18.10$ 24.70$ 5A370 FOND CLASSICBAC®BROADLOOM FOND AND FRIENDLY SY 19.71$ 33.93%13.03$ 17.78$ 5A038 FOSSIL CLASSICBAC®BROADLOOM TURN-KEY SY 21.80$ 33.94%14.40$ 19.65$ 5A369 FRIENDLY CLASSICBAC®BROADLOOM FOND AND FRIENDLY SY 19.71$ 33.93%13.03$ 17.78$ 5A153 GRADIENT CLASSICBAC®BROADLOOM SHADE SY 32.29$ 33.95%21.33$ 29.11$ 5A388 GRAFFITI ULTRALOC®BROADLOOM MIKE FORD + SHAW CONTRACT SY 126.39$ 33.21%84.41$ 115.21$ 5A289 GROUND ULTRALOC®BROADLOOM CANOPY SY 24.58$ 33.93%16.24$ 22.17$ 5A190 GROUNDED ULTRALOC®BROADLOOM ALTERNATURE SY 59.71$ 33.91%39.46$ 53.86$ 5A234 GROVE CLASSICBAC®BROADLOOM PLACES SY 25.95$ 33.96%17.14$ 23.39$ 5A237 HANA ULTRALOC®BROADLOOM TERASU SY 45.01$ 33.96%29.73$ 40.58$ 5A278 HERITAGE ULTRALOC®BROADLOOM NO COLLECTION SY 110.74$ 33.93%73.16$ 99.85$ 60504 HIT THE BOOKS ULTRALOC®BROADLOOM NO COLLECTION SY 31.50$ 33.89%20.83$ 28.43$ 60786 IKAT ULTRALOC®BROADLOOM GATHER SY 68.34$ 33.93%45.15$ 61.62$ 5A177 ILLUMINATE ULTRALOC®BROADLOOM BRIGHTWORK SY 43.00$ 33.92%28.41$ 38.78$ 60774 IMAGERY CLASSICBAC®BROADLOOM LIVING ENVIRONMENTS SY 24.09$ 33.94%15.91$ 21.72$ 5A229 INHERIT ULTRALOC®BROADLOOM MODERN EDIT SY 71.80$ 33.93%47.44$ 64.75$ 5A193 INLAY ULTRALOC®BROADLOOM OPEN WORK SY 34.46$ 33.88%22.79$ 31.11$ 60589 INTERPLAY ULTRLOC®BROADLOOM NO COLLECTION SY 29.25$ 33.93%19.33$ 26.38$ 60777 INTUITION ULTRALOC® MB BROADLOOM BUILDING CHARACTER SY 49.33$ 33.91%32.60$ 44.49$ 5A268 JOIN ULTRALOC®BROADLOOM SY 109.24$ 33.94%72.16$ 98.49$ 5A354 KISTA BY LINDSAY STEAD ULTRALOC®BROADLOOM WEST ELM + SHAW CONTRACT SY 89.06$ 33.94%58.84$ 80.31$ 5A389 KNOWLEDGE ULTRALOC®BROADLOOM MIKE FORD + SHAW CONTRACT SY 126.39$ 33.21%84.41$ 115.21$ 5A238 KUSA ULTRALOC®BROADLOOM TERASU SY 43.29$ 33.93%28.60$ 39.04$ 5A183 LAYER ULTRALOC®BROADLOOM REWOVEN SY 38.88$ 33.92%25.69$ 35.06$ 5A282 LAYERED ULTRALOC®BROADLOOM SY 114.85$ 33.92%75.89$ 103.58$ 60787 LINEN ULTRALOC®BROADLOOM GATHER SY 70.29$ 33.93%46.44$ 63.38$ Prices Effective: 11/11/2023 Contract # 061323 Updated: 02.12.24 Material Pricing List - Sourcewell STYLE NUMBER STYLE NAME TYPE Collection UOM LIST PRICE % DISCOUNT MEMBER PRICE (USD) MEMBER PRICE (CAD) Prices Effective: 11/11/2023 Contract # 061323 Updated: 02.12.24 Material Pricing List - Sourcewell 5A165 MELD CLASSICBAC®BROADLOOM MIX SY 27.84$ 33.90%18.40$ 25.11$ 5A277 METHOD ULTRALOC®BROADLOOM NO COLLECTION SY 90.75$ 33.93%59.96$ 81.84$ 5A204 MODIFY CLASSICBAC®BROADLOOM VIEW SY 25.96$ 33.99%17.14$ 23.39$ 5A218 MONOLITH WOVEN UNITARY BROADLOOM NOBLE MATERIALS SY 165.16$ 33.92%109.14$ 148.96$ 5A301 MORAL ULTRALOC® MB BROADLOOM CULTIVATE SOUL SY 50.54$ 33.91%33.40$ 45.59$ 5A265 MOSAIC ULTRALOC®BROADLOOM SY 69.51$ 33.93%45.93$ 62.69$ 5A279 MOTIF ULTRALOC®BROADLOOM NO COLLECTION SY 74.19$ 33.95%49.00$ 66.88$ 5A376 NARRATIVE ULTRALOC® MB BROADLOOM ANTHOLOGY SY 38.26$ 30.71%26.51$ 36.19$ 5A179 NATURAL SELECTION ULTRALOC®BROADLOOM ALTERNATURE SY 110.66$ 33.93%73.11$ 99.79$ 5A292 NICHE CLASSICBAC®BROADLOOM LIVING ENVIRONMENTS SY 17.18$ 33.92%11.35$ 15.49$ 5A338 NOOK CLASSICBAC®BROADLOOM LIVING ENVIRONMENTS SY 20.93$ 33.93%13.83$ 18.88$ 5A337 NOTED CLASSICBAC®BROADLOOM LIVING ENVIRONMENTS SY 16.88$ 33.93%11.15$ 15.22$ 5A300 NOTION ULTRALOC® MB BROADLOOM CULTIVATE SOUL SY 50.54$ 33.91%33.40$ 45.59$ 5A293 NOVICE CLASSICBAC®BROADLOOM LIVING ENVIRONMENTS SY 14.01$ 33.99%9.25$ 12.63$ 5A187 OUTLINE CLASSICBAC®BROADLOOM REWOVEN SY 27.88$ 33.95%18.41$ 25.13$ 5A271 PATHWAY ULTRALOC®BROADLOOM SY 112.55$ 33.94%74.35$ 101.48$ 5A294 PERIMETER CLASSICBAC®BROADLOOM BUILT ESSENTIALS SY 12.84$ 25.22%9.60$ 13.10$ 5A342 PERSONABLE CLASSICBAC®BROADLOOM LIVING ENVIRONMENTS SY 21.51$ 33.93%14.21$ 19.39$ 5A025 PETO II CLASSICBAC®BROADLOOM NO COLLECTION SY 27.66$ 33.94%18.28$ 24.95$ 5A295 PREPARE CLASSICBAC®BROADLOOM LIVING ENVIRONMENTS SY 15.43$ 33.95%10.19$ 13.91$ 5A189 PRIME CLASSICBAC®BROADLOOM TURN-KEY SY 19.71$ 33.93%13.03$ 17.78$ 5A347 PROLIFIC BERBER CLASSICBAC®BROADLOOM LIVING ENVIRONMENTS SY 13.90$ 25.27%10.39$ 14.18$ 5A346 PROLIFIC SOLID CLASSICBAC®BROADLOOM LIVING ENVIRONMENTS SY 13.14$ 25.21%9.83$ 13.42$ 5A343 PROMINENT CLASSICBAC®BROADLOOM LIVING ENVIRONMENTS SY 21.51$ 33.93%14.21$ 19.39$ 60730 PROSPER CLASSICBAC®BROADLOOM ABUNDANT LIFE II SY 31.41$ 33.94%20.75$ 28.32$ 5A372 PROSPER ULTRALOC® MB BROADLOOM LIVING ENVIRONMENTS SY 33.98$ 32.19%23.04$ 31.45$ 60784 QUEST ULTRALOC® MB BROADLOOM BUILDING CHARACTER SY 52.00$ 33.94%34.35$ 46.88$ 5A256 REIMAGINE CLASSICBAC®BROADLOOM LIVING ENVIRONMENTS SY 24.25$ 33.97%16.01$ 21.85$ 5A378 REMAIN 45 OZ. CLASSICBAC®BROADLOOM LIVING ENVIRONMENTS SY 37.24$ 33.60%24.73$ 33.75$ 5A379 REMAIN 55 OZ. CLASSICBAC®BROADLOOM LIVING ENVIRONMENTS SY 44.95$ 33.62%29.84$ 40.72$ 5A339 REMEDY I CLASSICBAC®BROADLOOM LIVING ENVIRONMENTS SY 25.53$ 33.94%16.86$ 23.01$ 5A340 REMEDY II CLASSICBAC®BROADLOOM LIVING ENVIRONMENTS SY 31.79$ 33.94%21.00$ 28.66$ 5A248 REMINISCE ULTRALOC®BROADLOOM KINDRED SY 25.96$ 33.94%17.15$ 23.41$ 5A266 RIBBONS ULTRALOC®BROADLOOM NO COLLECTION SY 110.80$ 33.94%73.20$ 99.91$ 5A274 SACRED ULTRALOC®BROADLOOM SY 73.36$ 33.92%48.48$ 66.17$ 5A255 SCENERY CLASSICBAC®BROADLOOM LIVING ENVIRONMENTS SY 23.95$ 33.98%15.81$ 21.58$ 50521 SCEPTER II CLASSICBAC®BROADLOOM NO COLLECTION SY 56.03$ 33.96%37.00$ 50.50$ 5A215 SCRIBE CLASSICBAC®BROADLOOM HAND DRAWN SY 25.95$ 33.91%17.15$ 23.41$ 60775 SENTIMENT CLASSICBAC®BROADLOOM LIVING ENVIRONMENTS SY 24.19$ 33.95%15.98$ 21.81$ 5A357 SHALE ULTRALOC®BROADLOOM WEST ELM + SHAW CONTRACT SY 109.29$ 33.94%72.20$ 98.54$ 5A260 SHARE ULTRALOC®BROADLOOM COMMUNITY SY 115.78$ 33.93%76.49$ 104.40$ 5A137 SOLID CLASSICBAC®BROADLOOM NO COLLECTION SY 52.24$ 33.93%34.51$ 47.10$ 60783 SOPHISTICATION ULTRALOC® MB BROADLOOM BUILDING CHARACTER SY 51.85$ 33.92%34.26$ 46.76$ 5A257 STATEMENT CLASSICBAC®BROADLOOM LIVING ENVIRONMENTS SY 26.38$ 33.93%17.43$ 23.79$ 5A247 STAY ULTRALOC®BROADLOOM KINDRED SY 25.96$ 33.94%17.15$ 23.41$ 5A355 STONE ULTRALOC®BROADLOOM WEST ELM + SHAW CONTRACT SY 85.14$ 33.93%56.25$ 76.77$ 5A377 STORY ULTRALOC® MB BROADLOOM ANTHOLOGY SY 38.26$ 30.71%26.51$ 36.19$ 5A220 STRATA ULTRALOC®BROADLOOM NOBLE MATERIALS SY 131.34$ 33.93%86.78$ 118.44$ 5A273 STRIATION ULTRALOC®BROADLOOM NO COLLECTION SY 91.85$ 33.93%60.69$ 82.83$ 5A216 STYLUS CLASSICBAC®BROADLOOM HAND DRAWN SY 25.95$ 33.91%17.15$ 23.41$ 5A233 SUMMIT CLASSICBAC®BROADLOOM PLACES SY 25.95$ 33.96%17.14$ 23.39$ 5A275 SWERVE ULTRALOC®BROADLOOM SY 67.55$ 33.96%44.61$ 60.89$ 5A205 SWITCH CLASSICBAC®BROADLOOM VIEW SY 25.96$ 33.99%17.14$ 23.39$ 60788 TAPESTRY ULTRALOC®BROADLOOM GATHER SY 70.29$ 33.93%46.44$ 63.38$ 5A037 TERRA CLASSICBAC®BROADLOOM TURN-KEY SY 21.80$ 33.94%14.40$ 19.65$ 5A123 TEXT CLASSICBAC®BROADLOOM TURN-KEY SY 31.98$ 33.93%21.13$ 28.84$ 5A249 TEXTILE ULTRALOC®BROADLOOM SUITED SY 72.65$ 33.93%48.00$ 65.51$ 5A180 TIMBER ULTRALOC®BROADLOOM ALTERNATURE SY 53.84$ 33.92%35.58$ 48.56$ 5A151 TINT CLASSICBAC®BROADLOOM SHADE SY 29.99$ 33.97%19.80$ 27.02$ 5A152 TONE CLASSICBAC®BROADLOOM SHADE SY 29.99$ 33.97%19.80$ 27.02$ 5A203 TRANSFER CLASSICBAC®BROADLOOM VIEW SY 25.96$ 33.99%17.14$ 23.39$ 5A383 TRU COLOURS ULTRALOC®BROADLOOM NO COLLECTION SY 34.93$ 33.93%23.08$ 31.49$ 5A298 TRUISM ULTRALOC® MB BROADLOOM CULTIVATE SOUL SY 69.36$ 33.95%45.81$ 62.52$ 60117 UPSCALE CLASSICBAC®BROADLOOM LIVING ENVIRONMENTS SY 16.26$ 33.90%10.75$ 14.67$ 5A382 VALLE ULTRALOC®BROADLOOM CULTURA SY 92.36$ 17.63%60.86$ 83.07$ 5A352 VERVE ULTRALOC®BROADLOOM WEST ELM + SHAW CONTRACT SY 113.78$ 33.94%75.16$ 102.58$ 5A269 WATERFALL ULTRALOC®BROADLOOM SY 110.64$ 33.93%73.10$ 99.77$ 60745 WELCOME II PERFORMANCE RUBBER BACKING BROADLOOM STEPPIN OUT SY 65.78$ 33.98%43.43$ 59.28$ 60751 WHISPER WALLCOVERING SBR LATEX BROADLOOM NO COLLECTION SY 38.49$ 33.94%25.43$ 34.71$ 5A371 WISDOM ULTRALOC® MB BROADLOOM LEGACY COLLECTION SY 33.43$ 32.83%22.45$ 30.64$ Tile 5T392 ABOVE ECOWORX® TILE TILE CANOPY SY 43.61$ 33.94%28.81$ 39.32$ 5T003 ABSORBED ECOWORX® TILE TILE LIGHT SERIES SY 59.39$ 33.93%39.24$ 53.56$ 5T461 ACCENT STRATAWORX® TILE TILE ENCOUNTER SY 33.23$ 17.42%21.95$ 29.96$ 5T107 ACHROMATIC ECOWORX® TILE TILE COLOR AT WORK II SY 51.91$ 33.93%34.30$ 46.81$ 5T089 ACTIVITY ECOWORX® TILE TILE COLLECTIVE TIME SY 65.48$ 33.91%43.28$ 59.07$ 5T427 ADAGE ECOWORX® TILE TILE CULTIVATE SOUL SY 83.28$ 33.94%55.01$ 75.08$ 5T202 ADVANCE ECOWORX® TILE TILE ACTIVE SY 59.95$ 33.88%39.64$ 54.10$ 5T015 AGATE ECOWORX® TILE TILE UNEARTHED COLLECTION SY 69.63$ 33.93%46.00$ 62.78$ 5T521 ALBAN ECOWORX® TILE TILE CULTURA SY 73.46$ 17.88%48.26$ 65.87$ 5T135 ALCHEMY ECOWORX® TILE TILE NOBLE MATERIALS SY 92.03$ 33.93%60.80$ 82.98$ 5T006 ALIGN ECOWORX® TILE TILE REWOVEN SY 61.60$ 33.95%40.69$ 55.54$ 5T494 ALL TOGETHER ECOWORX® TILE TILE COLLECTIVE SY 42.49$ 33.45%28.28$ 38.60$ 59327 ALLURE ECOWORX® TILE TILE BRIGHTWORK SY 45.79$ 33.93%30.25$ 41.29$ STYLE NUMBER STYLE NAME TYPE Collection UOM LIST PRICE % DISCOUNT MEMBER PRICE (USD) MEMBER PRICE (CAD) Prices Effective: 11/11/2023 Contract # 061323 Updated: 02.12.24 Material Pricing List - Sourcewell 5T495 ALONGSIDE ECOWORX® TILE TILE COLLECTIVE SY 42.49$ 33.45%28.28$ 38.60$ 5T126 ANALOG 18" X 36" ECOWORX® TILE TILE ALTERED SY 59.10$ 33.93%39.05$ 53.30$ 5T004 APPLIED ECOWORX® TILE TILE LIGHT SERIES SY 59.39$ 33.93%39.24$ 53.56$ 5T294 ARRANGE STRATAWORX® TILE TILE SIMPLY BY NATURE SY 30.10$ 33.93%19.89$ 27.15$ 5T295 ARRAY STRATAWORX® TILE TILE SIMPLY BY NATURE SY 30.10$ 33.93%19.89$ 27.15$ 5T097 ARTISAN ECOWORX® TILE TILE DESIGN JOURNEY SY 110.98$ 33.92%73.34$ 100.10$ 5T064 AUGMENT ECOWORX® TILE TILE VIRTUAL SPACES SY 56.29$ 33.93%37.19$ 50.76$ 5T376 AWARE 18" X 36" ECOLOGIX®TILE CREATING SPACE SY 58.64$ 32.81%39.40$ 53.78$ 5T358 AWARE 18" X 36" ECOWORX® TILE TILE CREATING SPACE SY 52.08$ 33.94%34.40$ 46.95$ 5T303 BACK WEAVE ECOWORX® TILE TILE COMMUNITY SY 80.10$ 33.94%52.91$ 72.22$ 5T389 BALCONY ECOWORX® TILE TILE CANOPY SY 37.38$ 33.95%24.69$ 33.70$ 5T198 BASALT II ECOWORX® TILE TILE A WALK IN THE GARDEN SY 56.45$ 33.92%37.30$ 50.91$ 5T159 BASE HEXAGON ECOWORX® TILE TILE CONFIGURE SY 80.98$ 33.91%53.51$ 73.03$ 5T121 BASIC ECOWORX® TILE TILE SPACE WORX SY 37.38$ 33.95%24.69$ 33.70$ 5T348 BATIK 18" X 36" ECOWORX® TILE TILE GATHER SY 85.00$ 33.94%56.15$ 76.64$ 5T429 BELIEF ECOWORX® TILE TILE CULTIVATE SOUL SY 83.28$ 33.94%55.01$ 75.08$ 5T261 BELONG ECOWORX® TILE TILE KINDRED SY 43.61$ 33.94%28.81$ 39.32$ 5T218 BEYOND ECOWORX® TILE TILE OFF THE GRID SY 95.25$ 33.94%62.93$ 85.89$ 5T448 BISECT ECOWORX® TILE TILE FLOOR ARCHITECTURE SY 37.38$ 33.95%24.69$ 33.70$ 5T032 BON JOUR II ECOWORX® TILE TILE STEPPIN OUT SY 82.48$ 33.92%54.50$ 74.39$ 5T192 BOTAN ECOWORX® TILE TILE TERASU SY 64.75$ 33.94%42.78$ 58.39$ 5T314 BOUNDLESS ECOWORX® TILE TILE LIVING SYSTEMS SY 45.69$ 33.93%30.19$ 41.21$ 59113 BYLINE ECOWORX® TILE TILE NO RULES SY 47.96$ 33.93%31.69$ 43.25$ 5T493 CALM STRATAWORX® TILE TILE NEW PATH SY 38.68$ 33.45%25.74$ 35.13$ 59554 CAPTIVATE ECOWORX® TILE TILE NO RULES SY 48.78$ 33.93%32.23$ 43.99$ 5T525 CASA ECOWORX® TILE TILE CULTURA SY 49.28$ 16.38%32.96$ 44.99$ 59579 CATALYST ECOWORX® TILE TILE MIX SY 44.19$ 33.95%29.19$ 39.84$ 5T492 CENTERED STRATAWORX® TILE TILE NEW PATH SY 38.68$ 33.45%25.74$ 35.13$ 5T176 CENTRAL LINE ECOWORX® TILE TILE PLACES SY 45.69$ 33.93%30.19$ 41.21$ 5T124 CENTRIC ECOWORX® TILE TILE SPACE WORX SY 37.38$ 33.95%24.69$ 33.70$ 5T232 CHALET 9" X 36" ECOWORX® TILE TILE ART OF ESCAPE SY 48.79$ 33.95%32.23$ 43.99$ 59561 CHARISMA ECOWORX® TILE TILE NO COLLECTION SY 54.51$ 33.94%36.01$ 49.15$ 5T281 CHECK ECOWORX® TILE TILE SUITED SY 85.01$ 33.94%56.16$ 76.65$ 5T485 CHISEL ECOWORX® TILE TILE WEST ELM + SHAW CONTRACT SY 66.41$ 33.95%43.86$ 59.86$ 5T100 CHOK ECOWORX® TILE TILE DESIGN JOURNEY SY 117.51$ 33.91%77.66$ 106.00$ 5T444 CHROMATONE ECOWORX® TILE TILE COLOR AT WORK II SY 51.91$ 33.93%34.30$ 46.81$ 5T175 CITY CENTRAL ECOWORX® TILE TILE PLACES SY 45.69$ 33.93%30.19$ 41.21$ 59564 CLEAR ECOWORX® TILE TILE CLEARVIEW SY 43.96$ 33.92%29.05$ 39.65$ 5T381 CLEARING ECOWORX® TILE TILE SHIFTING FIELDS SY 59.05$ 33.95%39.00$ 53.23$ 5T497 COLLABORATION ECOWORX® TILE TILE TEAMWORK SY 46.54$ 33.41%30.99$ 42.30$ 5T438 COLLECTIVE I ECOWORX® TILE TILE COLLECTIVE SY 44.90$ 33.96%29.65$ 40.47$ 5T439 COLLECTIVE II ECOWORX® TILE TILE COLLECTIVE SY 44.90$ 33.96%29.65$ 40.47$ 5T440 COLLECTIVE III ECOWORX® TILE TILE COLLECTIVE SY 44.90$ 33.96%29.65$ 40.47$ 5T441 COLLECTIVE IV ECOWORX® TILE TILE COLLECTIVE SY 46.76$ 33.92%30.90$ 42.17$ 5T442 COLLECTIVE V ECOWORX® TILE TILE COLLECTIVE SY 46.76$ 33.92%30.90$ 42.17$ 5T112 COLOR FORM 9" X 36" ECOWORX® TILE TILE COLOR FRAME AND COLOR FORM SY 54.88$ 33.94%36.25$ 49.48$ 5T081 COLOR FRAME ECOWORX® TILE TILE COLOR FRAME AND COLOR FORM SY 51.43$ 33.91%33.99$ 46.39$ 59358 COLOR PLAY ECOWORX® TILE TILE NO RULES SY 60.40$ 33.92%39.91$ 54.47$ 5T161 COLOR SHIFT HEXAGON ECOWORX® TILE TILE CONFIGURE SY 80.98$ 33.91%53.51$ 73.03$ 5T323 COMMONS ECOWORX® TILE TILE CAMPUS SY 40.49$ 33.93%26.75$ 36.51$ 5T352 COMPANION STRATAWORX® TILE IN SYNC SY 35.34$ 34.14%23.28$ 31.77$ 5T515 COMPILATION ECOWORX® TILE TILE ANTHOLOGY SY 58.41$ 30.73%40.46$ 55.23$ 59342 CONNECT ECOWORX® TILE TILE WORKLIFE SY 59.58$ 33.91%39.38$ 53.75$ 5T359 CONSCIOUS 18" X 36" ECOWORX® TILE TILE CREATING SPACE SY 52.08$ 33.94%34.40$ 46.95$ 59326 CONSTELLATION ECOWORX® TILE TILE NO COLLECTION SY 57.41$ 33.92%37.94$ 51.78$ 5T104 CONSTRUCT ECOWORX® TILE TILE CUT AND COMPOSE SY 57.49$ 33.92%37.99$ 51.85$ 5T160 CONTACT HEXAGON ECOWORX® TILE TILE CONFIGURE SY 80.98$ 33.91%53.51$ 73.03$ 5T269 CONVENE ECOWORX® TILE TILE ASSEMBLY SY 60.65$ 33.94%40.06$ 54.68$ 5T103 COPY ECOWORX® TILE TILE CUT AND COMPOSE SY 57.49$ 33.92%37.99$ 51.85$ 5T353 CORRESPOND STRATAWORX®TILE IN SYNC SY 35.34$ 34.14%23.28$ 31.77$ 5T526 CROSS WEAVE ECOWORX® TILE TILE CULTURA SY 49.28$ 16.38%32.96$ 44.99$ 5T396 CURIOSITY ECOWORX® TILE TILE SET UP SY 59.85$ 33.94%39.54$ 53.97$ 5T350 CURRENT ECOWORX® TILE TILE JOURNEY SY 47.99$ 33.94%31.70$ 43.27$ 5T203 DASH ECOWORX® TILE TILE ACTIVE SY 59.95$ 33.88%39.64$ 54.10$ 5T233 DIFFUSE 24" X 24" ECOLOGIX®TILE DIFFUSE AND DISPERSE SY 43.93$ 32.41%29.69$ 40.52$ 59575 DIFFUSE 24" X 24" ECOWORX® TILE TILE DIFFUSE AND DISPERSE SY 37.38$ 33.95%24.69$ 33.70$ 5T478 DIFFUSE COLOR 24" X 24" ECOWORX® TILE TILE DIFFUSE AND DISPERSE SY 37.38$ 33.95%24.69$ 33.70$ 5T419 DIFFUSE STRATAWORX® TILE TILE DIFFUSE AND DISPERSE SY 33.23$ 33.94%21.95$ 29.96$ 5T071 DIRECTION ECOWORX® TILE TILE VIEW SY 40.49$ 33.93%26.75$ 36.51$ 5T217 DISCOVER ECOWORX® TILE TILE OFF THE GRID SY 67.41$ 33.93%44.54$ 60.79$ 5T395 DISCUSSION ECOWORX® TILE TILE SET UP SY 59.85$ 33.94%39.54$ 53.97$ 59576 DISPERSE 24" X 24" ECOWORX® TILE TILE DIFFUSE AND DISPERSE SY 37.38$ 33.95%24.69$ 33.70$ 5T479 DISPERSE COLOR 24" X 24" ECOWORX® TILE TILE DIFFUSE AND DISPERSE SY 37.38$ 33.95%24.69$ 33.70$ 5T127 DISTORT 18" X 36" ECOWORX® TILE TILE ALTERED SY 59.10$ 33.93%39.05$ 53.30$ 5T411 DIVVY ECOWORX® TILE TILE ALL ACCESS SY 76.91$ 33.93%50.81$ 69.35$ 5T457 DOWNTIME STRATAWORX® TILE TILE ENCOUNTER SY 30.10$ 33.93%19.89$ 27.15$ 5T265 DREAM ECOWORX® TILE TILE KINDRED SY 43.61$ 33.94%28.81$ 39.32$ 5T142 DRIFT ECOWORX® TILE TILE THE PARK SY 64.34$ 33.92%42.51$ 58.02$ 5T349 DUNE ECOWORX® TILE TILE JOURNEY SY 47.99$ 33.94%31.70$ 43.27$ 5T239 DWELLING ECOWORX® TILE TILE HAVEN SY 61.74$ 33.93%40.79$ 55.67$ 5T041 DYE LAB ECOWORX® TILE TILE DYE LAB SY 85.14$ 33.92%56.26$ 76.79$ 59338 EARTH TONE ECOWORX® TILE TILE ALTERNATURE SY 74.90$ 33.93%49.49$ 67.55$ 5T343 EASE 9" X 36" ECOLOGIX® TILE SYMMETRY SY 49.55$ 33.93%32.74$ 44.69$ 5T388 ELEVATE ECOWORX® TILE TILE CANOPY SY 37.38$ 33.95%24.69$ 33.70$ STYLE NUMBER STYLE NAME TYPE Collection UOM LIST PRICE % DISCOUNT MEMBER PRICE (USD) MEMBER PRICE (CAD) Prices Effective: 11/11/2023 Contract # 061323 Updated: 02.12.24 Material Pricing List - Sourcewell 5T040 EMBARK ECOWORX® TILE TILE MATERIAL MATTERS SY 46.15$ 33.97%30.48$ 41.60$ 5T371 ENCLAVE ECOWORX® TILE TILE SHIFTING FIELDS SY 62.63$ 33.93%41.38$ 56.48$ 5T305 ENDLESS ECOWORX® TILE TILE LIVING SYSTEMS SY 62.83$ 33.94%41.50$ 56.64$ 5T458 ENERGIZE STRATAWORX® TILE TILE ENCOUNTER SY 30.10$ 33.93%19.89$ 27.15$ 5T187 ENGAGE ECOWORX® TILE TILE MINDFUL PLAY SY 51.06$ 33.93%33.74$ 46.05$ 5T033 ENTREE ECOWORX® TILE TILE STEPPIN OUT SY 83.36$ 33.93%55.08$ 75.18$ 59337 ENTWINE ECOWORX® TILE TILE ALTERNATURE SY 74.90$ 33.93%49.49$ 67.55$ 5T268 ESTABLISH ECOWORX® TILE TILE ASSEMBLY SY 60.65$ 33.94%40.06$ 54.68$ 5T304 EXCHANGE ECOWORX® TILE TILE COMMUNITY SY 80.10$ 33.94%52.91$ 72.22$ 5T219 EXPANSE ECOWORX® TILE TILE OFF THE GRID SY 95.25$ 33.94%62.93$ 85.89$ 5T151 EXPOSE ECOWORX® TILE TILE VERTICAL LAYERS SY 65.38$ 33.92%43.20$ 58.96$ 5T405 FACE TO FACE ECOWORX® TILE TILE DIALOGUE SY 94.34$ 33.92%62.34$ 85.09$ 5T235 FAMILIAR ECOWORX® TILE TILE HAVEN SY 84.41$ 33.93%55.78$ 76.13$ 5T199 FAULT LINES II ECOWORX® TILE TILE A WALK IN THE GARDEN SY 56.45$ 33.92%37.30$ 50.91$ 5T455 FELTED HIGH DENSITY NON-WOVEN PET COMPOSITE TILE BOTTLEFLOOR SF 7.31$ 33.85%4.84$ 6.61$ 5T079 FIELD ECOWORX® TILE TILE VIEW SY 40.49$ 33.93%26.75$ 36.51$ 5T113 FINE POINT 18" X 36" ECOWORX® TILE TILE HAND DRAWN SY 59.31$ 33.91%39.20$ 53.50$ 5T321 FLAT WEAVE ECOWORX® TILE TILE COMMUNITY SY 55.94$ 33.94%36.95$ 50.43$ 5T500 FOLLOW-UP ECOWORX® TILE TILE TEAMWORK SY 46.54$ 33.41%30.99$ 42.30$ 5T136 FORM ECOWORX® TILE TILE NOBLE MATERIALS SY 89.13$ 33.93%58.89$ 80.38$ 5T169 FOUNDATION ECOWORX® TILE TILE EXTRAORDINARY SY 67.90$ 33.89%44.89$ 61.27$ 5T517 FRENCH KNOT ECOWORX® TILE TILE CONNECTED THREADS SY 45.51$ 32.16%30.88$ 42.14$ 5T038 FRINGE ECOWORX® TILE TILE MATERIAL MATTERS SY 54.39$ 33.95%35.93$ 49.04$ 59562 GLAZE ECOWORX® TILE TILE CLEARVIEW SY 43.96$ 33.92%29.05$ 39.65$ 59329 GLIMMER ECOWORX® TILE TILE BRIGHTWORK SY 45.79$ 33.93%30.25$ 41.29$ 5T128 GLITCH 9" X 36" ECOWORX® TILE TILE ALTERED SY 59.10$ 33.93%39.05$ 53.30$ 59534 GRADIENT ECOWORX® TILE TILE SHADE SY 54.00$ 33.91%35.69$ 48.71$ 5T486 GRIT ECOWORX® TILE TILE WEST ELM + SHAW CONTRACT SY 66.41$ 33.95%43.86$ 59.86$ 5T390 HABITAT ECOWORX® TILE TILE CANOPY SY 43.61$ 33.94%28.81$ 39.32$ 5T193 HANA ECOWORX® TILE TILE TERASU SY 61.86$ 33.93%40.88$ 55.80$ 5T450 HAND IN HAND ECOWORX® TILE TILE COLLECTIVE SY 66.15$ 33.94%43.70$ 59.64$ 5T516 HAND STITCH ECOWORX® TILE TILE CONNECTED THREADS SY 45.51$ 32.16%30.88$ 42.14$ 5T522 HAND WOVEN ECOWORX® TILE TILE CULTURA SY 73.46$ 17.88%48.26$ 65.87$ 5T037 HAZE ECOWORX® TILE TILE MATERIAL MATTERS SY 54.39$ 33.95%35.93$ 49.04$ 5T320 HEDDLE ECOWORX® TILE TILE COMMUNITY SY 55.94$ 33.94%36.95$ 50.43$ 5T134 HONED ECOWORX® TILE TILE NOBLE MATERIALS SY 86.14$ 33.91%56.93$ 77.70$ 5T236 HONEST ECOWORX® TILE TILE HAVEN SY 84.41$ 33.93%55.78$ 76.13$ 5T282 HOUNDSTOOTH 18" X 36" ECOWORX® TILE TILE SUITED SY 85.01$ 33.94%56.16$ 76.65$ 5T460 HUB ACCENT STRATAWORX® TILE TILE ENCOUNTER SY 30.10$ 33.93%19.89$ 27.15$ 5T459 HUB STRATAWORX® TILE TILE ENCOUNTER SY 30.10$ 33.93%19.89$ 27.15$ 5T498 HUDDLE ECOWORX® TILE TILE TEAMWORK SY 46.54$ 33.41%30.99$ 42.30$ 59580 HYBRID ECOWORX® TILE TILE MIX SY 44.19$ 33.95%29.19$ 39.84$ 5T065 HYPE ECOWORX® TILE TILE VIRTUAL SPACES SY 56.29$ 33.93%37.19$ 50.76$ 5T237 IDENTITY ECOWORX® TILE TILE HAVEN SY 84.41$ 33.93%55.78$ 76.13$ 5T346 IKAT 18" X 36" ECOWORX® TILE TILE GATHER SY 85.00$ 33.94%56.15$ 76.64$ 5T188 IMPACT ECOWORX® TILE TILE MINDFUL PLAY SY 51.06$ 33.93%33.74$ 46.05$ 5T451 IN COMMON ECOWORX® TILE TILE COLLECTIVE SY 63.25$ 33.93%41.79$ 57.04$ 5T496 IN TUNE ECOWORX® TILE TILE COLLECTIVE SY 42.49$ 33.45%28.28$ 38.60$ 5T010 INFINITE ECOWORX® TILE TILE NO RULES SY 41.10$ 33.97%27.14$ 37.04$ 59339 INGRAIN ECOWORX® TILE TILE ALTERNATURE SY 74.90$ 33.93%49.49$ 67.55$ 5T208 INTENT STRATAWORX® TILE TILE DISTRICT SY 30.10$ 33.93%19.89$ 27.15$ 5T360 INTENTION 18" X 36" ECOWORX® TILE TILE CREATING SPACE SY 52.08$ 33.94%34.40$ 46.95$ 5T344 INTERLUDE ECOLOGIX®TILE SYMMETRY SY 49.55$ 33.93%32.74$ 44.69$ 59558 INTRIGUE ECOWORX® TILE TILE NO RULES SY 48.78$ 33.93%32.23$ 43.99$ 5T280 JACQUARD 18" X 36" ECOWORX® TILE TILE SUITED SY 85.01$ 33.94%56.16$ 76.65$ 5T016 JASPER ECOWORX® TILE TILE UNEARTHED COLLECTION SY 72.45$ 33.94%47.86$ 65.32$ 5T412 JIVE ECOWORX® TILE TILE ALL ACCESS SY 76.91$ 33.93%50.81$ 69.35$ 5T512 JOURNAL ECOWORX® TILE TILE ANTHOLOGY SY 58.41$ 30.73%40.46$ 55.23$ 5T046 KASURI ECOWORX® TILE TILE OPEN WORK SY 62.31$ 33.90%41.19$ 56.22$ 5T499 KICKOFF ECOWORX® TILE TILE TEAMWORK SY 46.54$ 33.41%30.99$ 42.30$ 59359 KINETIC ECOWORX® TILE TILE NO RULES SY 62.58$ 33.90%41.36$ 56.45$ 5T301 KNOTTED ECOWORX® TILE TILE COMMUNITY SY 80.10$ 33.94%52.91$ 72.22$ 5T194 KUSA ECOWORX® TILE TILE TERASU SY 59.43$ 33.95%39.25$ 53.57$ 5T449 LANDFORM ECOWORX® TILE TILE FLOOR ARCHITECTURE SY 37.38$ 33.95%24.69$ 33.70$ 5T373 LANDING ECOWORX® TILE TILE SHIFTING FIELDS SY 62.63$ 33.93%41.38$ 56.48$ 5T375 LANDING EDGE ECOWORX® TILE TILE SHIFTING FIELDS SY 62.63$ 33.93%41.38$ 56.48$ 59106 LINAGE ECOWORX® TILE TILE NO RULES SY 51.10$ 33.90%33.78$ 46.11$ 5T345 LINEN TILE ECOWORX® TILE TILE GATHER SY 85.00$ 33.94%56.15$ 76.64$ 5T114 LINEWEIGHT 18" X 36" ECOWORX® TILE TILE HAND DRAWN SY 59.31$ 33.91%39.20$ 53.50$ 5T523 LOCAL ECOWORX® TILE TILE CULTURA SY 73.46$ 17.88%48.26$ 65.87$ 5T513 LYRIC ECOWORX® TILE TILE ANTHOLOGY SY 58.41$ 30.73%40.46$ 55.23$ 5T325 MAKERSPACE ECOWORX® TILE TILE CAMPUS SY 40.49$ 33.93%26.75$ 36.51$ 5T130 MANIPULATE 9" X 36" ECOWORX® TILE TILE ALTERED SY 59.10$ 33.93%39.05$ 53.30$ 5T263 MEMORY ECOWORX® TILE TILE KINDRED SY 43.61$ 33.94%28.81$ 39.32$ 59167 MERGE ECOWORX® TILE TILE ON THE EDGE SY 67.63$ 33.92%44.69$ 61.00$ 5T014 MICA ECOWORX® TILE TILE UNEARTHED COLLECTION SY 68.80$ 33.92%45.46$ 62.05$ 59164 MINIMAL ECOWORX® TILE TILE ON THE EDGE SY 67.63$ 33.92%44.69$ 61.00$ 59502 MOMENTUM IV ECOWORX® TILE TILE NO COLLECTION SY 35.19$ 25.22%26.31$ 35.91$ 5T238 NEST ECOWORX® TILE TILE HAVEN SY 61.74$ 33.93%40.79$ 55.67$ 5T309 OBSERVE COLOR ECOWORX® TILE TILE LIVING SYSTEMS SY 67.36$ 33.94%44.50$ 60.74$ 5T306 OBSERVE ECOWORX® TILE TILE LIVING SYSTEMS SY 62.83$ 33.94%41.50$ 56.64$ 5T296 OFFSET STRATAWORX® TILE TILE SIMPLY BY NATURE SY 30.10$ 33.93%19.89$ 27.15$ 5T166 ORNATE ECOWORX® TILE TILE MODERN EDIT SY 87.70$ 33.92%57.95$ 79.09$ 5T413 PACE ECOWORX® TILE TILE ALL ACCESS SY 76.91$ 33.93%50.81$ 69.35$ STYLE NUMBER STYLE NAME TYPE Collection UOM LIST PRICE % DISCOUNT MEMBER PRICE (USD) MEMBER PRICE (CAD) Prices Effective: 11/11/2023 Contract # 061323 Updated: 02.12.24 Material Pricing List - Sourcewell 5T354 PARTNER STRATAWORX®TILE IN SYNC SY 35.34$ 34.14%23.28$ 31.77$ 5T034 PATH ECOWORX® TILE TILE ALL ACCESS SY 76.91$ 33.93%50.81$ 69.35$ 59369 PETO II 20 ECOWORX® TILE TILE NO COLLECTION SY 47.76$ 33.92%31.56$ 43.08$ 59371 PETO II 26 ECOWORX® TILE TILE NO COLLECTION SY 53.91$ 33.97%35.60$ 48.59$ 5T098 PLAIN WEAVE ECOWORX® TILE TILE DESIGN JOURNEY SY 105.28$ 33.93%69.55$ 94.93$ 5T374 PLAINS ECOWORX® TILE TILE SHIFTING FIELDS SY 62.63$ 33.93%41.38$ 56.48$ 5T054 PLANE HEXAGON ECOWORX® TILE TILE HEXAGON SY 76.85$ 33.93%50.78$ 69.31$ 5T035 PORTAL ECOWORX® TILE TILE ALL ACCESS SY 76.91$ 33.93%50.81$ 69.35$ 5T491 POSITIVE STRATAWORX® TILE TILE NEW PATH SY 38.68$ 33.45%25.74$ 35.13$ 5T206 POURED ECOWORX® TILE TILE FLOOR ARCHITECTURE SY 37.38$ 33.95%24.69$ 33.70$ 5T420 POURED STRATAWORX® TILE TILE SELECT ONE SY 33.23$ 33.94%21.95$ 29.96$ 5T394 PRACTICE ECOWORX® TILE TILE SET UP SY 59.85$ 33.94%39.54$ 53.97$ 5T361 PRESENT 18" X 36" ECOWORX® TILE TILE CREATING SPACE SY 52.08$ 33.94%34.40$ 46.95$ 5T423 PRESERVE ECOWORX® TILE TILE CANOPY SY 60.50$ 33.93%39.98$ 54.57$ 5T123 PRIMARY ECOWORX® TILE TILE SPACE WORX SY 37.38$ 33.95%24.69$ 33.70$ 5T302 PROCESS ECOWORX® TILE TILE COMMUNITY SY 80.10$ 33.94%52.91$ 72.22$ 5T209 PURPOSE STRATAWORX® TILE TILE DISTRICT SY 30.10$ 33.93%19.89$ 27.15$ 5T324 QUAD ECOWORX® TILE TILE CAMPUS SY 40.49$ 33.93%26.75$ 36.51$ 5T017 QUARTZ ECOWORX® TILE TILE UNEARTHED COLLECTION SY 65.01$ 33.92%42.96$ 58.63$ 5T518 QUILTED ECOWORX® TILE TILE CONNECTED THREADS SY 45.51$ 32.16%30.88$ 42.14$ 59361 RADIANCE ECOWORX® TILE TILE FEELING PLUSH SY 68.23$ 33.91%45.09$ 61.54$ 5T078 REALM ECOWORX® TILE TILE VIEW SY 40.49$ 33.93%26.75$ 36.51$ 5T152 RELIEF ECOWORX® TILE TILE VERTICAL LAYERS SY 65.38$ 33.92%43.20$ 58.96$ 5T141 RENEW ECOWORX® TILE TILE THE PARK SY 66.75$ 33.95%44.09$ 60.18$ 5T310 RESPOND COLOR ECOWORX® TILE TILE LIVING SYSTEMS SY 67.36$ 33.94%44.50$ 60.74$ 5T307 RESPOND ECOWORX® TILE TILE LIVING SYSTEMS SY 62.83$ 33.94%41.50$ 56.64$ 5T091 REST ECOWORX® TILE TILE COLLECTIVE TIME SY 67.26$ 17.42%44.44$ 60.65$ 5T168 RESURFACE ECOWORX® TILE TILE EXTRAORDINARY SY 82.01$ 33.93%54.19$ 73.96$ 5T165 RETHREAD ECOWORX® TILE TILE MODERN EDIT SY 87.70$ 33.92%57.95$ 79.09$ 5T069 REVERSE ECOWORX® TILE TILE VIEW SY 40.49$ 33.93%26.75$ 36.51$ 5T446 RIDGE ECOWORX® TILE TILE FLOOR ARCHITECTURE SY 37.38$ 33.95%24.69$ 33.70$ 5T105 ROTATE ECOWORX® TILE TILE CUT AND COMPOSE SY 57.49$ 33.92%37.99$ 51.85$ 5T109 SATURATE ECOWORX® TILE TILE COLOR AT WORK II SY 51.91$ 33.93%34.30$ 46.81$ 5T080 SCAPE ECOWORX® TILE TILE VIEW SY 40.49$ 33.93%26.75$ 36.51$ 5T514 SCRIPT ECOWORX® TILE TILE ANTHOLOGY SY 58.41$ 30.73%40.46$ 55.23$ 5T007 SCULPT ECOWORX® TILE TILE REWOVEN SY 60.21$ 33.94%39.78$ 54.29$ 5T183 SCULPT LOOP ECOWORX® TILE TILE REWOVEN SY 60.21$ 33.94%39.78$ 54.29$ 5T172 SEA ECOWORX® TILE TILE PLACES SY 40.49$ 33.93%26.75$ 36.51$ 5T173 SEA EDGE ECOWORX® TILE TILE PLACES SY 40.49$ 33.93%26.75$ 36.51$ 5T216 SEEK ECOWORX® TILE TILE OFF THE GRID SY 67.41$ 33.93%44.54$ 60.79$ 5T070 SHAPE ECOWORX® TILE TILE VIEW SY 40.49$ 33.93%26.75$ 36.51$ 5T240 SHELTER ECOWORX® TILE TILE HAVEN SY 61.74$ 33.93%40.79$ 55.67$ 59328 SHINE ECOWORX® TILE TILE BRIGHTWORK SY 45.79$ 33.93%30.25$ 41.29$ 5T452 SIDE BY SIDE ECOWORX® TILE TILE COLLECTIVE SY 66.15$ 33.94%43.70$ 59.64$ 5T524 SIERRA ECOWORX® TILE TILE CULTURA SY 73.46$ 17.88%48.26$ 65.87$ 5T210 SITUATION STRATAWORX® TILE TILE DISTRICT SY 30.10$ 33.93%19.89$ 27.15$ 5T174 SKY ECOWORX® TILE TILE PLACES SY 40.49$ 33.93%26.75$ 36.51$ 5T133 SLAB ECOWORX® TILE TILE NOBLE MATERIALS SY 86.56$ 33.92%57.20$ 78.07$ 5T315 SOURCE 9" X 36" ECOWORX® TILE TILE LIVING SYSTEMS SY 45.69$ 33.93%30.19$ 41.21$ 5T489 SPARK ECOWORX® TILE TILE WEST ELM + SHAW CONTRACT SY 66.41$ 33.95%43.86$ 59.86$ 5T406 SPOKEN ECOWORX® TILE TILE DIALOGUE SY 67.20$ 33.95%44.39$ 60.59$ 5T207 STACKED ECOWORX® TILE TILE FLOOR ARCHITECTURE SY 37.38$ 33.95%24.69$ 33.70$ 5T447 STEPPE ECOWORX® TILE TILE FLOOR ARCHITECTURE SY 37.38$ 33.95%24.69$ 33.70$ 5T116 STIPPLE 18" X 36" ECOWORX® TILE TILE HAND DRAWN SY 59.31$ 33.91%39.20$ 53.50$ 5T456 STITCHED HIGH DENSITY NON-WOVEN PET COMPOSITE TILE BOTTLEFLOOR SF 8.70$ 33.91%5.75$ 7.85$ 5T484 STONEWORK ECOWORX® TILE TILE WEST ELM + SHAW CONTRACT SY 66.41$ 33.95%43.86$ 59.86$ 5T297 STRUCTURE STRATAWORX® TILE TILE SIMPLY BY NATURE SY 30.10$ 33.93%19.89$ 27.15$ 5T409 SUBTEXT ECOWORX® TILE TILE DIALOGUE SY 52.84$ 33.92%34.91$ 47.65$ 5T267 SUPPORT ECOWORX® TILE TILE ASSEMBLY SY 60.65$ 33.94%40.06$ 54.68$ 5T125 SURROUND ECOWORX® TILE TILE SPACE WORX SY 37.38$ 33.95%24.69$ 33.70$ 5T421 SURROUND STRATAWORX® TILE TILE SPACE WORX SY 33.23$ 33.94%21.95$ 29.96$ 5T391 SUSPEND ECOWORX® TILE TILE CANOPY SY 43.61$ 33.94%28.81$ 39.32$ 5T414 SWIFT ECOWORX® TILE TILE ALL ACCESS SY 76.91$ 33.93%50.81$ 69.35$ 5T018 TANGLE ECOWORX® TILE TILE NO RULES SY 44.26$ 33.95%29.24$ 39.91$ 5T347 TAPESTRY 18" X 36" ECOWORX® TILE TILE GATHER SY 85.00$ 33.94%56.15$ 76.64$ 5T019 TEMPT ECOWORX® TILE TILE NO RULES SY 44.26$ 33.95%29.24$ 39.91$ 5T279 TEXTILE 18" X 36" ECOWORX® TILE TILE SUITED SY 85.01$ 33.94%56.16$ 76.65$ 5T186 THINK ECOWORX® TILE TILE MINDFUL PLAY SY 51.06$ 33.93%33.74$ 46.05$ 5T156 TINGE ECOWORX® TILE TILE VERTICAL LAYERS SY 43.61$ 33.94%28.81$ 39.32$ 5T005 TRACE ECOWORX® TILE TILE REWOVEN SY 61.60$ 33.95%40.69$ 55.54$ 5T204 TRACK ECOWORX® TILE TILE ACTIVE SY 59.95$ 33.88%39.64$ 54.10$ 5T311 TRANSFORM COLOR ECOWORX® TILE TILE LIVING SYSTEMS SY 67.36$ 33.94%44.50$ 60.74$ 5T308 TRANSFORM ECOWORX® TILE TILE LIVING SYSTEMS SY 62.83$ 33.94%41.50$ 56.64$ 5T408 TRANSLATE ECOWORX® TILE TILE DIALOGUE SY 52.84$ 33.92%34.91$ 47.65$ 59563 TRANSPARENT ECOWORX® TILE TILE CLEARVIEW SY 43.96$ 33.92%29.05$ 39.65$ 59368 TRU COLOURS ECOWORX® TILE TILE NO COLLECTION SY 50.06$ 17.73%41.19$ 56.22$ 5T428 TRUISM ECOWORX® TILE TILE CULTIVATE SOUL SY 83.28$ 33.94%55.01$ 75.08$ 5T205 TURN ECOWORX® TILE TILE ACTIVE SY 59.95$ 33.88%39.64$ 54.10$ 5T150 UNCOVER ECOWORX® TILE TILE VERTICAL LAYERS SY 65.38$ 33.92%43.20$ 58.96$ 5T157 UNDERTONE ECOWORX® TILE TILE VERTICAL LAYERS SY 43.61$ 33.94%28.81$ 39.32$ 5T490 UPBEAT STRATAWORX® TILE TILE NEW PATH SY 38.68$ 33.45%25.74$ 35.13$ 5T110 VALUE ECOWORX® TILE TILE COLOR AT WORK SY 51.91$ 33.93%34.30$ 46.81$ 5T036 VAPOR ECOWORX® TILE TILE MATERIAL MATTERS SY 54.39$ 33.95%35.93$ 49.04$ 5T009 VAST ECOWORX® TILE TILE NO RULES SY 41.10$ 33.97%27.14$ 37.04$ STYLE NUMBER STYLE NAME TYPE Collection UOM LIST PRICE % DISCOUNT MEMBER PRICE (USD) MEMBER PRICE (CAD) Prices Effective: 11/11/2023 Contract # 061323 Updated: 02.12.24 Material Pricing List - Sourcewell 59114 VERTICAL EDGE ECOWORX® TILE TILE ON THE EDGE SY 71.21$ 33.91%47.06$ 64.23$ 5T001 VIBRANT ECOWORX® TILE TILE LIGHT SERIES SY 59.39$ 33.93%39.24$ 53.56$ 5T002 VISIBLE ECOWORX® TILE TILE LIGHT SERIES SY 59.39$ 33.93%39.24$ 53.56$ 5T380 VISTA ECOWORX® TILE TILE SHIFTING FIELDS SY 44.65$ 33.90%29.51$ 40.28$ 5T039 WANDER ECOWORX® TILE TILE MATERIAL MATTERS SY 46.15$ 33.97%30.48$ 41.60$ 5T426 WEATHERED COLOR ECOWORX® TILE TILE CANOPY SY 64.30$ 33.86%42.53$ 58.05$ 5T424 WEATHERED ECOWORX® TILE TILE CANOPY SY 60.50$ 33.93%39.98$ 54.57$ 5T031 WELCOME II ECOWORX® TILE TILE STEPPIN OUT SY 81.10$ 33.83%53.66$ 73.24$ 5T425 WILDWOOD ECOWORX® TILE TILE CANOPY SY 60.50$ 33.93%39.98$ 54.57$ 5T407 WRITTEN ECOWORX® TILE TILE DIALOGUE SY 67.20$ 33.95%44.39$ 60.59$ 5T488 ZEAL ECOWORX® TILE TILE WEST ELM + SHAW CONTRACT SY 66.41$ 33.95%43.86$ 59.86$ 5T487 ZEST ECOWORX® TILE TILE WEST ELM + SHAW CONTRACT SY 66.41$ 33.95%43.86$ 59.86$ 5T158 ZONE ECOWORX® TILE TILE THE PARK SY 77.28$ 33.90%51.08$ 69.72$ Resilent Tile & Plan -$ -$ 4107V ABIDE HARD SURFACE ABIDE & INHABIT SF 4.65$ 33.87%3.08$ 4.48$ 4113V AMALGAM HARD SURFACE EON AND AMALGAM SF 6.78$ 30.63%4.70$ 6.83$ 4339V BASIS HARD SURFACE MINERALFLOOR SF 8.11$ 34.05%5.35$ 7.78$ 4256V BRANCHING OUT 5MM HARD SURFACE BRANCHING OUT SF 6.58$ 33.84%4.35$ 6.32$ 4308V BRANCHING OUT CORETEC 12 MIL HARD SURFACE BRANCHING OUT SF 5.01$ 33.92%3.31$ 4.81$ 4309V BRANCHING OUT CORETEC 20 MIL HARD SURFACE BRANCHING OUT SF 5.61$ 34.08%3.70$ 5.38$ 4097V CAST 2.5 MM HARD SURFACE COMPOUND AND CAST SF 5.53$ 33.71%3.66$ 5.32$ 4098V CAST 5.0 MM HARD SURFACE COMPOUND AND CAST SF 6.89$ 33.94%4.55$ 6.61$ 4143V CODED HARD SURFACE DIALOGUE SF 7.13$ 34.04%4.70$ 6.83$ 4350V COMMINGLE HARD SURFACE UNITE II SF 6.78$ 30.63%4.70$ 6.83$ 098UV COMPOSED HARD SURFACE CONCRETE AND COMPOSED SF 5.98$ 30.54%4.15$ 6.03$ 4074V COMPOUND 2.5 MM HARD SURFACE COMPOUND AND CAST SF 5.53$ 33.71%3.66$ 5.32$ 4077V COMPOUND 5.0 MM HARD SURFACE COMPOUND AND CAST SF 6.89$ 33.94%4.55$ 6.61$ 094UV CONCRETE HARD SURFACE CONCRETE AND COMPOSED SF 5.98$ 30.54%4.15$ 6.03$ 0927V COVE HARD SURFACE UNITE SF 6.78$ 30.63%4.70$ 6.83$ 4140V COVER HARD SURFACE COVER AND ENVELOP SF 7.24$ 33.85%4.79$ 6.96$ 0203V CRETE HARD SURFACE CRETE AND JEOGORI SF 5.14$ 30.66%3.56$ 5.17$ 4431V CROSSING PATHS 2.5 HARD SURFACE CULTURA SF 4.48$ 32.40%3.03$ 4.40$ 4392V CROSSING PATHS 5.0 HARD SURFACE CULTURA SF 8.28$ 39.58%5.00$ 7.27$ 0922V CUT HARD SURFACE NATURAL CHOREOGRAPHY SF 6.54$ 30.59%4.54$ 6.60$ 058UV DEFINED HARD SURFACE STRATUM SF 8.28$ 30.51%5.75$ 8.36$ 0618V EMERGE HARD SURFACE NOBLE MATERIALS SF 5.83$ 30.69%4.04$ 5.87$ 4141V ENVELOP HARD SURFACE COVER AND ENVELOP SF 7.24$ 33.85%4.79$ 6.96$ 4112V EON HARD SURFACE EON AND AMALGAM SF 6.78$ 30.63%4.70$ 6.83$ 4069V EXPRESSION HARD SURFACE COMMUNITY SF 6.09$ 30.60%4.23$ 6.15$ 4385V FLOW 2.5 HARD SURFACE FUNCTION + FLOW SF 4.04$ 33.44%2.69$ 3.91$ 4387V FLOW 5.0 HARD SURFACE FUNCTION + FLOW SF 6.55$ 33.40%4.36$ 6.34$ 4419V FLOW 5.0 LLT HARD SURFACE FUNCTION + FLOW SF 7.13$ 33.51%4.74$ 6.89$ 4386V FUNCTION 2.5 HARD SURFACE FUNCTION + FLOW SF 4.04$ 33.44%2.69$ 3.91$ 4388V FUNCTION 5.0 HARD SURFACE FUNCTION + FLOW SF 6.55$ 33.40%4.36$ 6.34$ 0502V GRAIN DIRECT GLUE HARD SURFACE GRAIN AND PIGMENT SF 4.59$ 30.52%3.19$ 4.64$ 0364V GRAIN FLOATING HARD SURFACE GRAIN AND PIGMENT SF 6.14$ 28.92%4.36$ 6.34$ 0896V IN TANDEM HARD SURFACE INNATE AND IN TANDEM SF 9.86$ 30.54%6.85$ 9.96$ 4430V IN UNISON 2.5 HARD SURFACE CULTURA SF 4.35$ 32.47%2.94$ 4.27$ 4391V IN UNISON 5.0 HARD SURFACE CULTURA SF 7.93$ 39.59%4.79$ 6.96$ 4068V INCLUSIVE HARD SURFACE COMMUNITY SF 6.09$ 30.60%4.23$ 6.15$ 0926V INLET HARD SURFACE UNITE SF 6.78$ 30.63%4.70$ 6.83$ 4372V INLET II HARD SURFACE UNITE II SF 6.78$ 30.63%4.70$ 6.83$ 0895V INNATE HARD SURFACE INNATE AND IN TANDEM SF 9.86$ 30.54%6.85$ 9.96$ 4367V INNATE STRIA TILE HARD SURFACE INNATE AND IN TANDEM SF 9.86$ 30.54%6.85$ 9.96$ 0884V INSPIRE HARD SURFACE MINDFUL PLAY SF 6.11$ 33.95%4.04$ 5.87$ 4120V INSPIRE 5.0 MM HARD SURFACE MINDFUL PLAY SF 6.89$ 33.94%4.55$ 6.61$ 0692V INTRICATE HARD SURFACE MODERN EDIT SF 4.96$ 30.48%3.45$ 5.01$ 0215V JEOGORI HARD SURFACE CRETE AND JEOGORI SF 5.14$ 30.66%3.56$ 5.17$ 0993V JOY SQUARED HARD SURFACE JOY SQUARED SF 5.54$ 33.86%3.66$ 5.32$ 4123V KIND HARD SURFACE CREATING SPACE SF 5.81$ 30.54%4.04$ 5.87$ 4124V MINDSET LVT HARD SURFACE SET UP SF 6.05$ 33.88%4.00$ 5.81$ 0116V NATIVE ORIGINS HARD SURFACE NO COLLECTION SF 2.85$ 27.63%2.06$ 2.99$ 4338V ORIGIN HARD SURFACE MINERALFLOOR SF 8.11$ 34.05%5.35$ 7.78$ 0503V PIGMENT DIRECT GLUE HARD SURFACE GRAIN AND PIGMENT SF 5.04$ 30.52%3.50$ 5.09$ 0365V PIGMENT FLOATING HARD SURFACE GRAIN AND PIGMENT SF 6.96$ 30.52%4.84$ 7.04$ 0186V QUIET COVER HARD SURFACE NO COLLECTION SF 7.26$ 30.64%5.04$ 7.33$ 4004V REFRAME HARD SURFACE REFRAME SF 8.70$ 27.73%6.29$ 9.14$ 4089V REPOSE HARD SURFACE LIVING ENVIRONMENTS SF 3.63$ 30.34%2.53$ 3.68$ 4094V RESIDE 12 MIL HARD SURFACE RESIDE SF 2.24$ 30.17%1.56$ 2.27$ 4381V RESIDE 20 MIL HARD SURFACE RESIDE SF 3.74$ 38.13%2.31$ 3.36$ 4325V RESIDE 6 MIL HARD SURFACE RESIDE SF 1.79$ 32.87%1.20$ 1.74$ 4099V RESIDE 8 MIL HARD SURFACE RESIDE SF 1.86$ 27.52%1.35$ 1.96$ 4090V RESPITE HARD SURFACE NO COLLECTION SF 4.25$ 30.59%2.95$ 4.29$ 0733V RETHINK HARD SURFACE RETHINK SF 10.89$ 30.54%7.56$ 10.99$ 0945V SHEAR HARD SURFACE NATURAL CHOREOGRAPHY SF 6.54$ 30.59%4.54$ 6.60$ 0648V SOLITUDE HARD SURFACE SOLITUDE SF 5.69$ 30.55%3.95$ 5.74$ 4063V SOUNDSCAPE HARD SURFACE SOUNDSCAPE SF 6.46$ 34.04%4.26$ 6.19$ 0012V STATIC SMART 12 HARD SURFACE SF 8.25$ 37.58%5.15$ 7.49$ 0516V STRAND HARD SURFACE SURFACE AND STRAND SF 4.68$ 30.48%3.25$ 4.72$ 023UV STRATUM 500 HARD SURFACE STRATUM SF 6.79$ 30.57%4.71$ 6.85$ 024UV STRATUM 700 HARD SURFACE STRATUM SF 6.79$ 30.57%4.71$ 6.85$ 053UV STRATUM EIRIS HARD SURFACE STRATUM SF 8.18$ 30.58%5.68$ 8.26$ 055UV STRATUM LINEAR HARD SURFACE STRATUM SF 8.46$ 30.58%5.88$ 8.55$ 034UV STRATUM XL HARD SURFACE STRATUM SF 7.83$ 30.51%5.44$ 7.91$ STYLE NUMBER STYLE NAME TYPE Collection UOM LIST PRICE % DISCOUNT MEMBER PRICE (USD) MEMBER PRICE (CAD) Prices Effective: 11/11/2023 Contract # 061323 Updated: 02.12.24 Material Pricing List - Sourcewell 4151V STRUCTURED HARD SURFACE SF 4.68$ 30.48%3.25$ 4.72$ 0515V SURFACE HARD SURFACE SURFACE AND STRAND SF 4.68$ 30.48%3.25$ 4.72$ 4111V TAILORED HARD SURFACE TAILORED SF 10.89$ 30.54%7.56$ 10.99$ 4108V TERRACE 2.5 MM HARD SURFACE TERASU SF 5.00$ 33.75%3.31$ 4.81$ 4216V TERRACE 5.0 MM HARD SURFACE TERASU SF 6.20$ 30.44%4.31$ 6.26$ 0564V TERRAIN 20 MIL HARD SURFACE SF 3.51$ 37.37%2.20$ 3.20$ 0655V TERRAIN 8 MIL HARD SURFACE TERRAIN SF 1.89$ 27.81%1.36$ 1.98$ 0453V TERRAIN II 12 MIL HARD SURFACE TERRAIN II SF 3.40$ 33.82%2.25$ 3.27$ 0454V TERRAIN II 20 MIL HARD SURFACE TERRAIN II SF 4.26$ 34.02%2.81$ 4.09$ 4110V TERRAIN II 20 MIL 5 MM HARD SURFACE TERRAIN II SF 6.39$ 28.96%4.54$ 6.60$ 0892V TERRAIN II 30 MIL HARD SURFACE TERRAIN II SF 5.54$ 34.31%3.64$ 5.29$ 0452V TERRAIN II 8 MIL HARD SURFACE SF 1.89$ 9.77%1.36$ 1.98$ 4125V TERRAIN II RIGID CORE HARD SURFACE TERRAIN II SF 7.24$ 33.85%4.79$ 6.96$ 4122V THOUGHTFUL HARD SURFACE CREATING SPACE SF 6.70$ 30.60%4.65$ 6.76$ 4142V TYPE HARD SURFACE DIALOGUE SF 7.13$ 34.04%4.70$ 6.83$ 0187V UNCOMMON GROUND 4"HARD SURFACE UNCOMMON GROUND SF 4.69$ 30.67%3.25$ 4.72$ 0188V UNCOMMON GROUND 6"HARD SURFACE UNCOMMON GROUND SF 4.53$ 30.39%3.15$ 4.58$ 4349V UNION HARD SURFACE UNITE II SF 6.78$ 30.63%4.70$ 6.83$ 0601V UNVEIL HARD SURFACE VERTICAL LAYERS SF 5.09$ 30.47%3.54$ 5.15$ Resilent Sheet -$ -$ 4057V ADVENTURE SHEET HARD SURFACE LIVING ENVIRONMENTS SY 14.11$ 30.12%9.86$ 14.33$ 0718V ARTESIAN SHEET HARD SURFACE QUITE CANVAS SY 16.34$ 27.70%11.81$ 17.17$ 0301V BASSTONES SHEET HARD SURFACE NO COLLECTION SY/Roll 52.76$ 33.94%36.63$ 53.24$ 0897V IN TANDEM SHEET HARD SURFACE INNATE AND IN TANDEM SY 79.68$ 31.47%54.60$ 79.37$ 4106V INHABIT SHEET HARD SURFACE ABIDE & INHABIT SY 52.76$ 30.59%36.63$ 53.24$ 4366V INNATE LINEN SHEET HARD SURFACE INNATE AND IN TANDEM SY 84.04$ 33.96%55.50$ 80.67$ 4219V INNATE SHEET HARD SURFACE INNATE AND IN TANDEM SY 79.68$ 31.47%54.60$ 79.37$ 0002V NATURELIFE WOOD II HARD SURFACE NO COLLECTION SY 52.76$ 30.59%36.63$ 53.24$ 0797V REED SHEET HARD SURFACE TERASU SY 52.76$ 30.59%36.63$ 53.24$ 0004V REXCOURT SHEET HARD SURFACE NO COLLECTION SY 77.75$ 30.58%53.98$ 78.46$ 0798V ROJI SHEET HARD SURFACE TERASU SY 52.76$ 30.59%36.63$ 53.24$ 0796V TATAMI SHEET HARD SURFACE TERASU SY 52.76$ 30.59%36.63$ 53.24$ 4376V VITALITY HUES HARD SURFACE VITALITY SY 59.85$ 39.41%36.26$ 52.71$ 0873V VITALITY SHEET HARD SURFACE VITALITY SY 48.11$ 30.58%33.40$ 48.55$ 4375V VITALITY TONES HARD SURFACE VITALITY SY 46.63$ 33.94%30.80$ 44.77$ Hardwood -$ -$ CA362 AUTHENTICITY HARDWOOD COMMERCIAL HARDWOOD SF 9.05$ 25.28%6.76$ 9.83$ CA350 BESPOKE OAK HARDWOOD COMMERCIAL HARDWOOD SF 13.29$ 33.96%8.78$ 12.76$ 203UV CAMARET OAK HARDWOOD COMMERCIAL HARDWOOD SF 15.41$ 33.98%10.18$ 14.80$ CA364 HANDCRAFTED OAK HARDWOOD COMMERCIAL HARDWOOD SF 14.79$ 25.19%11.06$ 16.08$ CA302 OAK TRADITIONS 3 1/4"HARDWOOD COMMERCIAL HARDWOOD SF 6.63$ 33.96%4.38$ 6.37$ CA303 OAK TRADITIONS 5"HARDWOOD COMMERCIAL HARDWOOD SF 7.05$ 34.04%4.65$ 6.76$ CA308 REFINED OAK HARDWOOD COMMERCIAL HARDWOOD SF 7.98$ 32.92%5.35$ 7.78$ CA286 RESURGENCE OAK HARDWOOD COMMERCIAL HARDWOOD SF 10.25$ 30.12%7.16$ 10.41$ Accessories and AdhesivesH38003800 - UNIVERSAL INDOOR/OUTDOOR ADHESIVE ADHESIVE BROADLOOM 4 GAL PAIL 106.25$ 33.94%83.89$ 114.50$ N3800 3800 - UNIVERSAL INDOOR/OUTDOOR ADHESIVE ADHESIVE TILE 4 GAL PAIL 106.25$ 33.94%83.89$ 114.50$ 252VS 4 FT LUMINOUS RUBBER STAIR TREAD BOX OF 24 FT HARD SURFACE Box 825.38$ 18.51%672.64$ 918.06$ 246VS 4 FT STANDARD RUBBER STAIR TREAD BOX OF 24 FT HARD SURFACE Box 580.36$ 18.56%472.64$ 645.09$ 177CA 4 IN COVE ECOWALL BASE ROLL THERMOPLASTIC RUBBER HARD SURFACE Box 136.29$ 19.19%110.14$ 150.33$ 176CA 4 IN COVE ECOWALL BASE STICKS THERMOPLASTIC RUBBER HARD SURFACE Box 136.29$ 19.19%110.14$ 150.33$ 168CA 4 IN COVE WALL BASE ROLL THERMOPLASTIC RUBBER HARD SURFACE Box 139.35$ 19.17%112.64$ 153.73$ 172CA 4 IN COVE WALL BASE ROLL VINYL HARD SURFACE Box 140.88$ 19.16%113.89$ 155.44$ 167CA 4 IN COVE WALL BASE STICKS THERMOPLASTIC RUBBER HARD SURFACE Box 139.35$ 19.17%112.64$ 153.74$ 171CA 4 IN COVE WALL BASE STICKS VINYL HARD SURFACE Box 107.19$ 19.41%86.39$ 117.91$ 170CA 4 IN STRAIGHT WALL BASE ROLL THERMOPLASTIC RUBBER HARD SURFACE Box 139.35$ 19.17%112.64$ 153.73$ 169CA 4 IN STRAIGHT WALL BASE STICKS THERMOPLASTIC RUBBER HARD SURFACE Box 139.35$ 19.17%112.64$ 153.74$ 149VS 4.5 IN ANGLE PROFILE WALL BASE THERMOPLASTIC RUBBER HARD SURFACE Box 229.10$ 21.67%179.46$ 244.94$ 175CA 4.5 IN COVE WALL BASE STICKS THERMOPLASTIC RUBBER HARD SURFACE Box 177.63$ 18.99%143.89$ 196.39$ 150VS 4.5 IN DETAIL PROFILE WALL BASE THERMOPLASTIC RUBBER HARD SURFACE Box 232.58$ 21.67%182.18$ 248.65$ 185CA 4.5" COVE BASE ROLL HARD SURFACE Roll 177.63$ 18.99%143.89$ 196.39$ H4000 4000 - BROADLOOM SEAM SEALER ADHESIVE BROADLOOM EA 20.70$ 33.94%16.43$ 22.42$ 339VS 4062 SEAM SEALER ADHESIVE RESILIENT EA 15.71$ 33.94%13.48$ 18.40$ 340VS 4151 PRESSURE SENSITIVE UNIVERSAL ADHESIVE ADHESIVE RESILIENT 4 GAL PAIL 287.50$ 33.94%228.89$ 312.40$ 9150N 4151 PRESSURE SENSITIVE UNIVERSAL ADHESIVE ADHESIVE TILE 4 GAL PAIL 287.50$ 33.94%228.89$ 312.40$ 253VS 6 FT LUMINOUS RUBBER STAIR TREAD BOX OF 24 FT HARD SURFACE Box 825.38$ 18.51%672.64$ 918.06$ 247VS 6 FT STANDARD RUBBER STAIR TREAD BOX OF 24 FT HARD SURFACE Box 580.36$ 18.56%472.64$ 645.09$ 174CA 6 IN COVE WALL BASE ROLL THERMOPLASTIC RUBBER HARD SURFACE Box 185.29$ 18.97%150.14$ 204.92$ 173CA 6 IN COVE WALL BASE STICKS THERMOPLASTIC RUBBER HARD SURFACE Box 185.29$ 18.97%150.14$ 204.92$ 303VS 6 IN DETAIL PROFILE WALL BASE THERMOPLASTIC RUBBER HARD SURFACE Box 302.08$ 21.67%236.63$ 322.97$ H6200 6200 - ADHESIVE DETACKIFIER ADHESIVE BROADLOOM 4 GAL PAIL 164.84$ 33.94%131.60$ 179.62$ J7300 7300 - OUTDOOR TURF ADHESIVE ADHESIVE BROADLOOM 2 GAL PAIL 168.35$ 33.94%131.05$ 178.87$ H8300 8300 - BROADLOOM MOISTURE IMPERVIOUS SEAM SEALER ADHESIVE BROADLOOM EA 13.28$ 33.94%10.49$ 14.32$ H9050 9050 - FLOOR PRIMER ADHESIVE BROADLOOM 4 GAL PAIL 90.00$ 33.94%78.20$ 106.73$ 032VS 9050 - RESILIENT FLOOR PRIMER ADHESIVE RESILIENT 4 GAL PAIL 90.00$ 33.94%78.20$ 106.73$ 031VU 9050 - RESILIENT FLOOR PRIMER ADHESIVE RESILIENT 4 GAL PAIL 128.49$ 33.94%87.51$ 119.44$ 9100K ADVANCE SKIM COAT REPAIR PATCH/FEATHER FINISH HARD SURFACE EA 25.00$ 33.94%21.60$ 29.48$ AVNET ADVANTAGE SYSTEM ADHESIVE BROADLOOM ROLL 482.81$ 33.94%383.48$ 523.40$ AVEUU ADVANTAGE SYSTEM ADHESIVE TILE ROLL 482.81$ 33.94%383.48$ 523.40$ 001VS BIO LIFE WELD ROD HARD SURFACE ROLL 73.48$ 33.94%57.20$ 78.07$ 270VS BIO-BASED WELD ROD HARD SURFACE ROLL 144.00$ 33.94%112.09$ 152.99$ 144VS CARPET REDUCER 5/16"HARD SURFACE BOX 104.69$ 33.94%83.48$ 113.94$ 016VS COPPER ADHESIVE RESILIENT KIT 1.53$ 33.94%0.99$ 1.35$ 166VS COVE ADHESIVE ADHESIVE RESILIENT 1 GAL PAIL 32.86$ 33.94%28.20$ 38.49$ 141VS COVE TUBE ADHESIVE ADHESIVE RESILIENT BOX 95.71$ 33.94%82.64$ 112.79$ CU024 CUSHIONWORX 2MM ADHESIVE TILE ROLL 502.13$ 33.94%312.66$ 426.74$ STYLE NUMBER STYLE NAME TYPE Collection UOM LIST PRICE % DISCOUNT MEMBER PRICE (USD) MEMBER PRICE (CAD) Prices Effective: 11/11/2023 Contract # 061323 Updated: 02.12.24 Material Pricing List - Sourcewell CU034 CUSHIONWORX 3MM ADHESIVE TILE ROLL 907.50$ 33.94%565.09$ 771.27$ 269VS FINISH MICRO-TRANSITION 0.22 IN BOX OF 78 FT HARD SURFACE Box 350.46$ 33.94%231.53$ 316.00$ 268VS FINISH MICRO-TRANSITION 0.25 IN BOX OF 78 FT HARD SURFACE Box 365.43$ 33.94%241.41$ 329.50$ 267VS FINISH MICRO-TRANSITION 0.28 IN BOX OF 78 FT HARD SURFACE Box 389.41$ 33.94%257.26$ 351.13$ 215DE FUSION PRIMER/EPOXY CONSOLIDATION TREATMENT HARD SURFACE BOX 180.00$ 33.94%155.84$ 212.70$ 087VS GROUNDWORKS HARD SURFACE ROLL 65.71$ 33.94%56.95$ 77.73$ 00LDA LOKDOT APPLICATOR ADHESIVE TILE unit 131.69$ 19.21%106.39$ 145.21$ LOK4S LOKDOTS® CARPET TILE ADHESIVE 4 ROLL SLEEVE ADHESIVE TILE unit 186.83$ 18.97%151.39$ 206.63$ 00LDR LOKDOTS® CARPET TILE ADHESIVE 8 ROLL SLEEVE ADHESIVE TILE unit 316.98$ 19.24%255.98$ 349.38$ LKSEA LOKSEAM APPLICATOR ADHESIVE RESILIENT UNIT 102.55$ 33.94%79.81$ 108.93$ LKSER LOKSEAM REPLACEMENT CARTRIDGES ADHESIVE BROADLOOM unit 394.98$ 33.94%260.94$ 356.15$ LOKSE LOKSEAM STARTER KIT ADHESIVE RESILIENT UNIT 280.60$ 33.94%218.41$ 298.10$ 183CA LOKWORX CARPET TILE ADHESIVE 1 GALLON ADHESIVE TILE 1 Gal Pail 42.88$ 20.96%33.89$ 46.26$ 182CA LOKWORX CARPET TILE ADHESIVE 4 GALLON ADHESIVE TILE 4 Gal Pail 131.69$ 20.06%105.28$ 143.69$ H3600 LOKWORX ECOWORX BROADLOOM ADHESIVE 4 GAL ADHESIVE BROADLOOM 4 GAL PAIL 98.57$ 33.94%83.48$ 113.94$ 230CA LOKWORX RESILIENT SHEET ADHESIVE, 4 GALLON HARD SURFACE 4 Gal Pail 151.60$ 19.10%122.64$ 167.39$ 180CA LOKWORX RESILIENT TILE ADHESIVE 1 GALLON ADHESIVE RESILIENT 1 Gal Pail 50.54$ 20.58%40.14$ 54.79$ 179CA LOKWORX RESILIENT TILE ADHESIVE 4 GALLON ADHESIVE RESILIENT 4 Gal Pail 151.60$ 19.10%122.64$ 167.39$ LWRX0 LOKWORX TABS CARPET TILE ADHESIVE BOX OF 500 ADHESIVE TILE Box 384.01$ 33.94%253.69$ 346.25$ H5001 LOKWORX+ PLUS CARPET TILE ADHESIVE, 1 GALLON ADHESIVE TILE 1 Gal Pail 42.88$ 19.65%34.45$ 47.02$ N5000 LOKWORX+ PLUS CARPET TILE ADHESIVE, 4 GALLON ADHESIVE TILE 4 Gal Pail 139.35$ 19.97%111.53$ 152.22$ H1000 LOKWORX+ PREMIUM BROADLOOM ADHESIVE 4 GALLON ADHESIVE BROADLOOM 4 Gal Pail 70.44$ 19.95%56.39$ 76.96$ 165CA LOKWORX+ PREMIUM RESILIENT SHEET ADHESIVE 1 GALLON HARD SURFACE 1 Gal Pail 75.04$ 19.86%60.14$ 82.08$ 166CA LOKWORX+ PREMIUM RESILIENT SHEET ADHESIVE 4 GALLON HARD SURFACE 4 Gal Pail 245.01$ 19.50%197.23$ 269.19$ 163CA LOKWORX+ PREMIUM RESILIENT TILE ADHESIVE 1 GALLON ADHESIVE RESILIENT 1 Gal Pail 75.04$ 19.86%60.14$ 82.08$ 164CA LOKWORX+ PREMIUM RESILIENT TILE ADHESIVE 4 GALLON ADHESIVE RESILIENT SF 245.01$ 19.50%197.23$ 269.19$ 256VS MOISTURESHIELD™HARD SURFACE SF 917.25$ 18.49%747.64$ 1,020.43$ 9125H MOISTURETEK™ (BROADLOOM)ADHESIVE BROADLOOM EA 1,116.33$ 18.47%910.14$ 1,242.22$ 231DE MOISTURETEK™ (RESILIENT TILE)HARD SURFACE EA 1,116.33$ 18.47%910.14$ 1,242.22$ 235DE MRP MOISTURE RESISTANT PRIMER HARD SURFACE UNIT 970.31$ 33.94%775.14$ 1,057.96$ 348VS MULTI PR RD LVT HARD SURFACE EA 68.75$ 33.94%52.78$ 72.04$ 118CA NOSE CAULK TUBE/CARTRIDGE ADHESIVE RESILIENT EA 98.44$ 33.94%77.64$ 105.97$ 142VS PINLESS METAL TRACK HARD SURFACE BOX 116.39$ 33.94%72.49$ 98.94$ 151VS QUARTER ROUND PROFILE HARD SURFACE BOX 275.42$ 33.94%211.44$ 288.59$ 219DE QUIK TOP SELF LEVELING GYPSUM UNDERLAYMENT HARD SURFACE EA 64.29$ 33.94%54.59$ 74.51$ 240DE QUIKFILL HARD SURFACE UNIT 1,079.69$ 33.94%862.64$ 1,177.39$ 146VS RESILIENT CARPET REDUCER HARD SURFACE BOX 108.59$ 33.94%86.60$ 118.20$ 260VS RESPITE BABY THRESHOLD HARD SURFACE EA 75.00$ 33.94%57.78$ 78.86$ 263VS RESPITE FLUSH STAIR NOSE HARD SURFACE EA 106.25$ 33.94%81.39$ 111.09$ 257VS RESPITE QUARTER ROUND HARD SURFACE EA 39.06$ 33.94%29.30$ 39.99$ 261VS RESPITE REDUCER HARD SURFACE EA 68.75$ 33.94%52.78$ 72.04$ 262VS RESPITE STAIR CAP HARD SURFACE EA 81.25$ 33.94%62.23$ 84.94$ 258VS RESPITE T-MOLD HARD SURFACE EA 68.75$ 33.94%52.78$ 72.04$ 021VS REXCOURT WELD ROD HARD SURFACE ROLL 129.83$ 33.94%101.05$ 137.92$ 067VS S150-95 RH - RESILIENT SPRAY ADHESIVE RESILIENT EA 60.94$ 33.94%47.64$ 65.02$ 109VS SHAW 200 - RESILIENT ADHESIVE RESILIENT 4 GAL PAIL 185.94$ 33.94%145.98$ 199.24$ 304VS SHAW MS RESILIENT ADHESIVE RESILIENT 2 GAL PAIL 201.43$ 33.94%174.59$ 238.29$ 156CA SHAW PURE GAS DEODORIZER FAST USE 250 SF ROOM HARD SURFACE Box 1,259.05$ 33.94%831.76$ 1,135.24$ 157CA SHAW PURE LIQUID DEODORIZER 1 GALLON CONTAINER HARD SURFACE Box 39.93$ 33.94%26.38$ 36.01$ 148CA SHAW PURE LIQUID DEODORIZER 32 OZ BLACK SPRAY BOTTLE (3)HARD SURFACE Box 50.79$ 33.92%33.56$ 45.80$ 149CA SHAW PURE LIQUID DEODORIZER 5 GALLON CONTAINER HARD SURFACE Box 144.46$ 33.94%95.43$ 130.25$ 066VS SHAW S150 SPRAY ADHESIVE ADHESIVE RESILIENT EA 60.94$ 33.94%47.64$ 65.02$ 145VS SNAP-DOWN T-MOLDING 1-1/8"HARD SURFACE BOX 68.75$ 33.94%52.78$ 72.04$ 147VS SNAP-DOWN T-MOLDING 2"HARD SURFACE BOX 68.75$ 33.94%52.78$ 72.04$ 350VS SOLITUDE & QUIET COVER QUARTER ROUND LVT HARD SURFACE EA 39.06$ 33.94%29.30$ 39.99$ 347VS SOLITUDE & QUIET COVER STAIRNOSE LVT 94"HARD SURFACE EA 81.25$ 33.94%62.23$ 84.94$ 380VS SOLITUDE BABY THRESHOLD HARD SURFACE EA 75.00$ 33.94%57.78$ 78.86$ 255VS*SURFACE PREP EXT HARD SURFACE EA 732.81$ 33.94%585.14$ 798.64$ SCUN2 TERRAIN II OMNI-TRANSITION HARD SURFACE EA 67.19$ 33.94%51.80$ 70.70$ SCQT2 TERRAIN II QUARTER ROUND HARD SURFACE EA 39.06$ 33.94%29.30$ 39.99$ SCSN2 TERRAIN II STAIR CAP HARD SURFACE EA 81.25$ 33.94%62.23$ 84.94$ 143VS TILE-CARPET REDUCER 1/8"HARD SURFACE BOX 98.05$ 33.94%78.16$ 106.68$ 349VS T-MOLDING LVT HARD SURFACE EA 68.75$ 33.94%52.78$ 72.04$ 117CA TREAD & LANDING ADHESIVE ADHESIVE RESILIENT 1 GAL PAIL 95.31$ 33.94%75.14$ 102.56$ 217DE TUF SKIM GYPSUM REPAIR PATCH FEATHER FINISH HARD SURFACE EA 22.86$ 33.94%19.59$ 26.74$ 242CA UNGLU'D ADHESIVE & MASTIC REMOVER HARD SURFACE 1 Gal Pail 196.95$ 20.20%157.18$ 214.52$ 321CA UNGLU'D ADHESIVE & MASTIC REMOVER HARD SURFACE 4 Gal Pail 654.20$ 32.17%443.74$ 605.64$ 095VS VS-60 MBX VERS/KOVARA 60 (ROLLS)5'X144' LONG ROLLS CUSHION TILE ROLL 2,812.50$ 33.94%2,194.45$ 2,995.13$ 094VS VS-95 VERS/KOVARA 95 (ROLLS)5'X144' LONG ROLLS CUSHION TILE ROLL 1,328.13$ 33.94%1,034.73$ 1,412.27$ 097VS VSM MBX VERS/KOVARA 2.5" TAPE (ROLLS) 2.5" X 180' ROLLS CUSHION TILE ROLL 104.29$ 33.94%89.03$ 121.51$ 096VS VSM VERS/KOVARA 2" TAPE (ROLLS) 2'' X 180' ROLLS CUSHION TILE ROLL 92.86$ 33.94%79.03$ 107.87$ 098VS VSM VERS/KOVARA 4" DS TAPE (ROLLS) 4" X 100' ROLLS CUSHION TILE ROLL 107.14$ 33.94%91.53$ 124.93$ 266VS WEDGE SUBFLOOR LEVELING TRANSITION HARD SURFACE BOX 237.49$ 33.94%184.86$ 252.31$ 353VS WELD ROD HARD SURFACE ROLL 90.05$ 33.94%57.20$ 78.07$ Porcelain -$ -$ CT91J CASTER 12X24 PORCELAIN SF 7.46$ 34.70%4.87$ 7.08$ CT94J CASTER 2X2 MOSAIC PORCELAIN SHT 32.49$ 34.70%21.21$ 30.84$ CT93J CASTER 3X12 BULLNOSE PORCELAIN EA 9.72$ 34.70%6.35$ 8.66$ CT92J CASTER 6X12 COVEBASE PORCELAIN EA 27.08$ 34.67%17.69$ 24.14$ CT78J CEMENTED 12 X 24 MATTE PORCELAIN SF 8.13$ 34.70%5.31$ 7.72$ CT79J CEMENTED 24 X 24 MATTE PORCELAIN SF 8.17$ 34.70%5.33$ 7.75$ CT80J CEMENTED 24 X 48 MATTE PORCELAIN SF 10.18$ 34.70%6.65$ 9.66$ CT83J CEMENTED 2X2 MOSAIC PORCELAIN SHT 37.51$ 34.70%24.49$ 35.60$ CT82J CEMENTED 3 X 12 BULLNOSE PORCELAIN EA 9.72$ 34.70%6.35$ 8.66$ CT81J CEMENTED 6 X 12 COVEBASE PORCELAIN EA 27.08$ 34.70%17.68$ 24.13$ CT10K CENTRAL 12X24 PORCELAIN SF 5.41$ 34.70%3.53$ 5.13$ CT12K CENTRAL 2X2 MOSAIC PORCELAIN SHT 28.99$ 34.70%18.93$ 27.51$ CT13K CENTRAL 3X12 BULLNOSE PORCELAIN EA 7.85$ 34.70%5.12$ 6.99$ STYLE NUMBER STYLE NAME TYPE Collection UOM LIST PRICE % DISCOUNT MEMBER PRICE (USD) MEMBER PRICE (CAD) Prices Effective: 11/11/2023 Contract # 061323 Updated: 02.12.24 Material Pricing List - Sourcewell CT11K CENTRAL 6X12 COVEBASE PORCELAIN EA 23.96$ 34.69%15.65$ 21.36$ CT73J EAST RIDGE 6 X 36 PORCELAIN SF 3.75$ 34.70%2.45$ 3.56$ CT14K EXCLUSIVE 12X24 HONED PORCELAIN SF 5.41$ 34.70%3.53$ 5.13$ CT15K EXCLUSIVE 12X24 POLISHED PORCELAIN SF 9.19$ 34.70%6.00$ 8.72$ CT26K EXCLUSIVE 2 X 2 MOSAIC HONED PORCELAIN SHT 356.68$ 33.94%18.35$ 26.68$ CT27K EXCLUSIVE 2 X 2 MOSAIC POLISHED PORCELAIN SHT 356.68$ 33.94%20.73$ 30.13$ CT84J FRAGMENTED 12 X 24 PORCELAIN SF 356.68$ 33.94%4.78$ 6.95$ CT85J FRAGMENTED 24 X 24 PORCELAIN SF 356.68$ 33.94%5.15$ 7.48$ CT60J INSPIRED ONYX 12 X 24 MATTE PORCELAIN SF 6.10$ 34.70%3.98$ 5.79$ CT61J INSPIRED ONYX 12 X 24 POLISHED PORCELAIN SF 8.25$ 34.70%5.39$ 7.83$ CT59J INSPIRED ONYX 24 X 24 POLISHED PORCELAIN SF 8.55$ 34.70%5.59$ 8.12$ CT58J INSPIRED ONYX 24 X 24 MATTE PORCELAIN SF 6.26$ 34.70%4.09$ 5.94$ CT64J INSPIRED ONYX BULLNOSE MATTE PORCELAIN EA 5.83$ 34.70%3.81$ 5.20$ CT65J INSPIRED ONYX BULLNOSE POLISHED PORCELAIN EA 6.36$ 34.70%4.16$ 5.67$ CT69J LUNAR MANTLE 3 X 12 BULLNOSE PORCELAIN EA 9.72$ 34.70%6.35$ 8.66$ CT67J LUNAR MANTLE 12 X 24 PORCELAIN SF 5.94$ 34.70%3.88$ 5.64$ CT70J LUNAR MANTLE 2 X 2 MOSAIC PORCELAIN SHT 37.51$ 34.70%24.49$ 35.60$ CT71J LUNAR MANTLE 24 X 24 PORCELAIN SF 8.41$ 34.70%5.49$ 7.99$ CT68J LUNAR MANTLE 24 X 48 PORCELAIN SF 10.46$ 34.70%6.83$ 9.93$ CT72J LUNAR MANTLE 6 X 12 COVEBASE PORCELAIN EA 27.08$ 34.70%17.68$ 24.13$ CT30K ONYX 2 X 2 MOSAIC MATTE PORCELAIN SHT 26.23$ 34.70%17.13$ 24.90$ CT31K ONYX 2 X 2 MOSAIC POLISHED PORCELAIN SHT 27.71$ 34.70%18.10$ 26.31$ CT18K RADIANT GLEAM 12X24 PORCELAIN SF 356.68$ 33.94%4.11$ 5.97$ CT19K RADIANT GLEAM 2X2 MOSAIC PORCELAIN SHT 356.68$ 33.94%18.93$ 27.51$ CT20K RADIANT GLEAM 3X24 BULLNOSE PORCELAIN EA 356.68$ 33.94%8.98$ 12.26$ CT74J SETT 12X24 PORCELAIN SF 5.41$ 34.70%3.53$ 5.13$ CT28K SETT 2 X 2 MOSAIC PORCELAIN SHT 17.60$ 34.70%11.50$ 16.71$ CT75J SETT BULLNOSE PORCELAIN EA 5.59$ 34.70%3.65$ 4.98$ CT76J SETT COVEBASE PORCELAIN EA 26.72$ 34.70%17.45$ 23.82$ CT95J SIMPLE 3X6 PORCELAIN SF 3.89$ 34.73%2.54$ 3.69$ CT98J SIMPLE 3X6 BULLNOSE PORCELAIN EA 4.81$ 34.81%3.14$ 4.28$ CT96J SIMPLE 4X16 PORCELAIN SF 4.18$ 34.73%2.73$ 3.96$ CT97J SIMPLE 4X16 BULLNOSE PORCELAIN EA 12.26$ 34.66%8.01$ 10.94$ CT07K SIMPLY SLATED 12X24 PORCELAIN SF 6.12$ 34.70%3.99$ 5.80$ CT08K SIMPLY SLATED 2X2 MOSAIC PORCELAIN SHT 28.99$ 34.70%18.93$ 27.51$ CT09K SIMPLY SLATED 3X24 BULLNOSE PORCELAIN EA 13.82$ 34.70%9.03$ 12.32$ CT02K VARIETAL 12X24 MATTE PORCELAIN SF 5.77$ 34.70%3.77$ 5.48$ CT03K VARIETAL MATTE BULLNOSE PORCELAIN EA 4.10$ 34.70%2.68$ 3.65$ CT04K VARIETAL MATTE MOSAIC 2X2 PORCELAIN SHT 20.01$ 34.70%13.07$ 18.99$ CT86J VEIN CUT 12X24 MATTE PORCELAIN SF 5.44$ 34.70%3.55$ 5.17$ CT89J VEIN CUT 2 X 2 MOSAIC PORCELAIN SHT 37.51$ 34.70%24.49$ 35.60$ CT90J VEIN CUT 3X12 BULLNOSE PORCELAIN EA 9.72$ 34.70%6.35$ 8.66$ CT87J VEIN CUT 6X12 COVEBASE PORCELAIN EA 27.08$ 34.70%17.68$ 24.13$ Porcelain Accessories CT564 PROPATCH PLUS 25 LB BAG PORCELAIN EACH 28.00$ 28.26%20.09$ 29.20$ CT560 UNDERLAY SLU SELF LEVELER 50 LB BAG PORCELAIN 50 lb Bag 44.78$ 28.25%32.13$ 46.70$ CT561 SLU PRIMER 1 GALLON PORCELAIN EACH 49.93$ 28.27%35.81$ 52.06$ CT2DE FRACTURE GUARD PORCELAIN Pail 180.05$ 28.26%129.18$ 187.77$ CT905 HYDROGUARD SP-1 1 GALLON PORCELAIN EA 125.19$ 28.26%89.81$ 130.55$ CT906 HYDROGUARD SP1 5 GALLON PORCELAIN 5 Gal Pail 584.38$ 28.26%419.25$ 609.41$ 195CM REINFORCING FABRIC BASIC ROLL 8" X 90'PORCELAIN EACH 53.18$ 28.26%38.15$ 55.45$ CT567 GROUT SEALER 1 GALLON PORCELAIN 1 Gal Pail 63.86$ 28.26%45.81$ 66.59$ CT566 GROUT SEALER 1 QUART PORCELAIN 1 Qt 27.33$ 28.27%19.60$ 28.49$ 173CM 720 DUSTLESS GRAY PORCELAIN BAG 21.46$ 28.31%15.39$ 22.37$ 114CM 720 DUSTLESS WHITE PORCELAIN BAG 23.34$ 28.28%16.74$ 24.33$ 187CM 820 MERLITE MORTAR GRAY 50LB BAG PORCELAIN BAG 44.78$ 28.25%32.13$ 46.70$ 188CM 820 MERLITE MORTAR WHITE 50 LB PORCELAIN BAG 48.50$ 28.25%34.80$ 50.58$ CT12D 855 XXL THINSET GREY 50 LB BAG PORCELAIN 5 Lb Bag 52.25$ 28.28%37.48$ 54.47$ CT13D 855 XXL THINSET WHITE 50 LB BAG PORCELAIN 5 Lb Bag 57.85$ 28.24%41.51$ 60.34$ CT27D BURST ACCELERATOR 1 LB BAG PORCELAIN 1 Lb Bag 15.70$ 28.34%11.25$ 16.35$ 182CM SILICONE CAULK 10.3 OZ PORCELAIN EACH 25.68$ 28.29%18.41$ 26.76$ CT577 COLORED SMOOTH CAULK 10.5 OZ PORCELAIN 1.5 Oz 19.61$ 28.23%14.08$ 20.46$ CT575 COLORED SANDED CAULK 10.5 OZ PORCELAIN 1.5 Oz 19.61$ 28.23%14.08$ 20.46$ 194CM PRO GROUT+PORCELAIN 25 Lb Bag 57.44$ 28.27%41.20$ 59.89$ CT14D PRO EPOXY COMMERCIAL GROUT KIT 2 GALLON PORCELAIN BOX 280.80$ 28.26%201.45$ 292.82$ 1Cradle to Cradle - Certified by McDonough Braungart Design Chemistry as safe, healthy and ecologically sound using closed loop design. www.mbdc.com. 2Green Label Plus - Certified by the Carpet and Rug Institute for low-VOC emissions and healthy indoor air quality. www.carpet-rug.org.3NSF-140 - Certified by NSF International to define sustainable carpet, establishing performance requirements for public health and the environment. www.nsf.org. * Freight responsibility is FOB Destination. Freight costs are not included in the member price and will be listed separately on purchase orders and invoices.* Freight costs will be fully disclosed to the Authorized User prior to order placement, will be prepaid by the Contractor, and that all such orders will be shipped on an F.O.B. Destination. *All prices are subject to immediate increase without limitation in the event of tariffs or other government action not to exceed the percentage of the tariff %. *Application of the MositureShield Solution System must be performed by a trained and approved flooring contractor. All requirements of Shaw’s 10-year Moisture Limited Warranty must be met and approved by a Shaw Region 1 (West): AK, CA, HI, ID, MT, NV, OR, WA Region 2 (Central): AR, AZ, CO, IA, KS, MN, MO, ND, NE, NM, OK, SD, TX, UT, WY Region 3 (Southeast):AL, GA, KY, LA, MS, NC, SC, TN Region 4 (Northeast): CT, DC, DE, IL, IN, MA, MD, ME, MI, NH, NJ, OH, PA, RI, VA, VT, WI, WV Estimated Labor Rates by Region: Pricing effective for 12 months from award date. Standard Rates PW/Union Rates Standard Rates PW/Union Rates Standard Rates PW/Union Rates Standard Rates PW/Union Rates Carpet Demolition (standard)SY 4.24$ 6.29$ 3.63$ 5.57$ 3.33$ 5.20$ 4.84$ 7.02$ Carpet Disposal SY 1.33$ 2.81$ 1.33$ 2.81$ 1.33$ 2.81$ 2.20$ 3.30$ Broadloom Carpet Installation (no pattern)SY 10.59$ 13.92$ 8.17$ 11.01$ 7.84$ 10.44$ 11.22$ 15.18$ Carpet Tile Installation SY 9.32$ 12.39$ 7.87$ 10.65$ 7.54$ 10.08$ 9.35$ 12.65$ Carpet Border Work LF 3.03$ 4.84$ 3.33$ 5.20$ 2.18$ 3.82$ 3.85$ 5.50$ 4" Vinyl Base Installation (excludes materials)LF 1.63$ 3.17$ 1.51$ 3.03$ 1.33$ 2.81$ 1.98$ 3.24$ 4 1/2" Vinyl Base Installation (excludes materials)LF 1.83$ 3.57$ 1.69$ 3.39$ 1.49$ 3.16$ 2.22$ 3.63$ 6" Vinyl Base Installation (excludes materials)LF 2.02$ 3.96$ 1.87$ 3.76$ 1.65$ 3.51$ 2.45$ 4.02$ Transition Installation (excludes materials)LF 3.45$ 5.95$ 2.72$ 5.08$ 2.30$ 4.29$ 3.45$ 5.95$ **Rubber Stair Tread, 1 Piece Unit PC 63.90$ 77.89$ 63.90$ 77.89$ 63.90$ 77.89$ 71.24$ 86.70$ 18"X18" Rubber Landing Tile Install SF 6.17$ 8.62$ 6.17$ 8.62$ 5.72$ 8.08$ 6.88$ 9.47$ VCT Installation (no pattern; excludes materials)SF 1.63$ 3.17$ 1.51$ 3.03$ 1.09$ 2.52$ 1.69$ 3.24$ LVT Installation (no pattern; excludes materials)SF 3.52$ 5.44$ 2.98$ 4.78$ 2.85$ 4.63$ 3.19$ 5.04$ LVT/VCT Demolition (standard)SF 0.81$ 2.18$ 0.75$ 2.10$ 0.75$ 2.10$ 1.54$ 2.42$ LVT/VCT Disposal SF 0.61$ 1.94$ 0.61$ 1.94$ 0.62$ 1.94$ 0.73$ 2.29$ Sheet Vinyl Demolition (standard)SY 7.52$ 10.23$ 6.44$ 8.94$ 6.10$ 8.53$ 6.98$ 9.58$ Sheet Vinyl Disposal SY 1.70$ 3.25$ 1.70$ 3.25$ 1.69$ 3.24$ 1.70$ 3.25$ Sheet Vinyl Installation (no weld; cove; pattern; excludes materials)SY 32.19$ 39.84$ 27.52$ 34.23$ 24.05$ 30.08$ 29.75$ 36.91$ Furniture Removal and Replacement HR 78.65$ 95.59$ 66.55$ 81.07$ 60.50$ 73.81$ 78.65$ 95.59$ Furniture Lift and Carpet Removal SY 27.83$ 34.61$ 22.99$ 28.80$ 24.20$ 30.25$ 25.41$ 31.70$ Minor Floor Preparation (excludes materials)HR 78.65$ 95.59$ 66.55$ 81.07$ 60.50$ 73.81$ 78.65$ 95.59$ Skimcoat - Labor & Material (LVT requires two skimcoats)SF 1.93$ 3.03$ 1.79$ 2.97$ 1.60$ 2.60$ 1.79$ 2.97$ Moisture Testing (quantity varies based on job size)EA 200.00$ 200.00$ 200.00$ 200.00$ 200.00$ 200.00$ 200.00$ 200.00$ Food (Per Diem)PP 61.68$ 83.27$ 55.11$ 74.40$ 54.00$ 72.90$ 61.68$ 83.27$ Hotel/Motel Night 171.35$ 231.33$ 165.34$ 223.21$ 164.51$ 222.07$ 185.06$ 249.83$ Mileage Reimbursement Mile 0.86$ 1.16$ 0.76$ 1.02$ 0.84$ 1.13$ 0.76$ 1.02$ Hourly Rate for Services not Listed HR 90.00$ 125.00$ 60.00$ 80.00$ 55.00$ 75.00$ 95.00$ 125.00$ Supplemental Benefits HR 25.00$ 25.00$ $25.00 $25.00 25.00$ 25.00$ 25.00$ 25.00$ **Standard job size is a minimum of 200 SY for carpet tile & broadloom and 500 SF for resilient products. Additional charges may apply for smaller projects. **Supplemental Benefits to be utilized if prevailing wage rates exceed the labor rates listed above. **All labor pricing listed for regular time rates are "Not to Exceed." Overtime rates will apply for night/Saturday work at 1.5x regular time rates & Sunday/holiday at 2.0x regular time rates ** Assumes stairs/ floors are concrete and ready to receive. ** Stair tread pricing based on average - size of tread to be determined before pricing can be finalized. **Excludes all adhesives, demo and disposal of existing finishes, extensive floor prep, union rates, and any stair nosing. **Labor/installation services are not available in Canada Region 4 (Northeast) SERVICE DESCRIPTION UOM Region 1 (West) Region 2 (Central)Region 3 (SE) Region 5 (NY)NY Region 6 (FL)FL Estimated Labor Rates by Region: Pricing effective for 12 months from award date. Standard Rates PW/Union Rates Standard Rates PW/Union Rates SY 4.84$ 7.02$ 3.69$ 5.17$ SY 10.23$ 13.75$ 7.37$ 10.29$ SY 2.42$ 3.47$ 1.33$ 2.81$ SY 2.79$ 3.42$ 2.79$ 3.42$ SY 11.50$ 15.51$ 7.84$ 10.44$ SY 13.59$ 18.26$ 9.24$ 12.21$ SY 9.98$ 13.19$ 8.25$ 11.55$ LF 3.03$ 4.84$ 2.18$ 3.82$ LF 2.42$ 3.30$ 2.42$ 3.30$ LF 4.26$ 4.99$ 4.26$ 4.99$ LF 0.64$ 0.78$ 0.66$ 0.88$ LF 2.00$ 3.61$ 1.33$ 2.81$ LF 2.24$ 4.06$ 1.49$ 3.16$ LF 2.48$ 4.51$ 1.65$ 3.52$ LF 3.36$ 4.05$ 2.64$ 3.69$ LF 3.94$ 4.71$ 3.00$ 4.21$ LF 4.52$ 5.37$ 3.36$ 4.73$ LF 3.45$ 5.95$ 2.30$ 4.29$ PC 79.75$ 96.91$ 63.90$ 77.89$ LF 26.68$ 37.24$ 24.20$ 33.88$ LF 5.94$ 8.25$ 4.46$ 6.22$ SF 8.66$ 11.61$ 5.72$ 8.08$ SF 1.69$ 3.24$ 1.54$ 2.15$ SF 4.00$ 6.01$ 2.85$ 4.63$ SF 0.94$ 2.34$ 0.83$ 1.16$ SF 0.73$ 2.29$ 0.62$ 1.94$ SY 8.54$ 11.46$ 6.10$ 8.53$ SY 1.70$ 3.25$ 1.69$ 3.24$ SY 36.59$ 45.12$ 24.05$ 30.08$ LF 8.60$ 10.96$ 5.34$ 7.48$ LF 17.84$ 21.29$ 13.04$ 16.23$ EA 16.84$ 20.63$ 12.27$ 15.51$ HR 84.70$ 102.85$ 60.50$ 73.81$ SY 31.46$ 38.96$ 24.20$ 30.25$ HR 84.70$ 102.85$ 60.50$ 73.81$ SF 1.93$ 3.03$ 1.60$ 2.60$ SF 3.83$ 4.55$ 1.93$ 2.70$ SF 1.43$ 1.98$ 1.43$ 1.98$ SF 0.73$ 1.00$ 0.73$ 1.00$ SF 2.98$ 4.16$ 2.42$ 3.41$ SF 4.27$ 5.56$ 4.27$ 5.56$ SF 10.18$ 11.83$ 10.18$ 11.83$ EA 200.00$ 200.00$ 200.00$ 200.00$ SF 8.42$ 9.44$ 4.02$ 5.61$ PP 61.68$ 83.27$ 54.00$ 72.90$ NIGHT 185.06$ 249.83$ 164.51$ 222.07$ MILE 0.76$ 1.02$ 0.84$ 1.13$ HR 120.00$ 160.00$ 90.00$ 130.00$ HR 25.00$ 25.00$ 25.00$ 25.00$ ** Assumes stairs/ floors are concrete and ready to receive. ** Stair tread pricing based on average - size of tread to be determined before pricing can be finalized. **Excludes all adhesives, demo and disposal of existing finishes, extensive floor prep, union rates, and any stair nosing. **Supplemental Benefits to be utilized if prevailing wage rates exceed the labor rates listed above. Region 6 (FL) Carpet Demolition (standard) Furniture Removal and Replacement Carpet Disposal Broadloom Carpet Installation (no pattern) Broadloom Carpet Installation (with pattern match) Carpet Tile Installation Carpet Border Work 4" Vinyl Base Installation (excludes materials) 4 1/2" Vinyl Base Installation (excludes materials) 6" Vinyl Base Installation (excludes materials) VCT Installation (no pattern; excludes materials) Transition Installation (excludes materials) **Rubber Stair Tread, 1 Piece Unit Stair Tread Installation Stair Tread Demolition 18"X18" Rubber Landing Tile Install Supplemental Benefits Skimcoat - Labor & Material (LVT requires two skimcoats) Ceramic/Porcelain Install (excludes material) Carpet Reclamation & Recycling Sheet Vinyl Installation (no weld; cove; pattern; excludes materials) Sheet Vinyl- Heat Weld Sheet Vinyl - Flash Cove Sheet Vinyl - Corners Furnish and install 1/4" Plywood Underlayment Furnish and Install 4" Base Furnish and Install 4 1/2" Base Furnish and Install 6" Base Carpet Binding Furnish and Install 6" Carpet Base Removal and disposal of cove base Minor Floor Preparation (excludes materials) Install Floor Primer Moisture Mitigation (bead blast, primer, moisture mitigation &leveler) Self leveling up to 1/4" Bead Blast/Grind Floor Moisture Testing (quantity varies based on job size) Carpet Demolition (double stick installation) SERVICE DESCRIPTION UOM Region 5 (NY) **All labor pricing listed for regular time rates are "Not to Exceed." Overtime rates will apply for night/Saturday work at 1.5x regular time rates & Sunday/holiday at 2.0x regular time rates Adhesive Removal Hourly Rate for Services not Listed Food (Per Diem) Hotel/Motel Mileage Reimbursement Furniture Lift and Carpet Removal LVT/VCT Demolition (standard) LVT/VCT Disposal Sheet Vinyl Demolition (standard) Sheet Vinyl Disposal LVT Installation (no pattern; excludes materials) Custom Options Standard Variation *Price per SQ. Yard (USD) Type Broadloom Classicbac®Ultraloc® 2.82$ Backing Option Classicbac®Ultraloc® MB 1.78$ High performance, top-down moisture barrier Classicbac®Ultraloc® MP 6.52$ High performance, top-down moisture barrier Classicbac®Ultraloc® MPC 7.78$ Attached High Perform. Cushion Classicbac®Classicbac® PC 7.05$ Attached Cushion Ultraloc®Ultraloc® MB 1.05$ High performance, top-down moisture barrier Ultraloc®Ultraloc® MP 6.80$ High performance, top-down moisture barrier Ultraloc®Ultraloc® MPC 7.49$ Attached High Perform. Cushion Ultraloc®Classicbac® PC 6.18$ Attached Cushion Ultraloc® MB Ultraloc® MP 4.97$ High performance, top-down moisture barrier Ultraloc® MB Ultraloc® MPC 7.00$ Attached High Perform. Cushion Ultraloc® MB Classicbac® PC 5.95$ Attached Cushion Ultraloc® MP Ultraloc® MPC 3.40$ Attached High Perform. Cushion Ultraloc® MP Classicbac® PC 1.46$ Attached Cushion Classicbac® PC Ultraloc® MPC 1.86$ Attached High Perform. Cushion Tile StrataWorx®EcoWorx®1.95$ PVC-free StrataWorx®EcoLogix®6.95$ Cushion backing StrataWorx®EcoWorx® ES 3.93$ Peel and Stick self adhesive StrataWorx®EcoLogix® ES 8.93$ Attached Cushion Peel and Stick EcoWorx®EcoLogix®5.00$ Polyurethane Recycled Cushion EcoWorx®EcoWorx® ES 2.60$ Peel and Stick self adhesive EcoWorx®EcoLogix® ES 6.98$ Attached Cushion Peel and Stick EcoLogix®EcoLogix® ES 1.98$ Attached Cushion Peel and Stick Custom Color, Weight, Pattern, or Size up to + $ 4.50 sq. yd Custom Options *If exchange rate is ± 10%, then we will reevaluate and adjust accordingly, from current value. *Price may vary based on the product selected and may exceed the pricing shown above. Please contact your local Shaw representative for exact pricing prior to submitting your purchase order. Not all styles can be made custom in all colors, weights, patterns, or sizes. Please contact your local Shaw representative for assistance. Minimums and overage requirements apply. Please contact your local Shaw representative for details. Sourcewell Contract # 061323-SII | Amendment #1 Page 1 of 1 AMENDMENT #1 TO CONTRACT # 061323-SII THIS AMENDMENT is effective upon the date of the last signature below by and between Sourcewell and Shaw Integrated and Turf Solutions, Inc. (Supplier). Sourcewell awarded a contract to Supplier to provide Flooring Materials with Related Supplies and Services, effective August 7, 2023, through August 9, 2027 (Contract). NOW, THEREFORE, the parties wish to amend the Contract as follows: Section 18. Insurance–Subsection A. Requirements– Item 5. Network Security and Privacy Liability Insurance of the Contract is deleted in its entirety. Except as amended by this Amendment, the Contract remains in full force and effect. Sourcewell Shaw Integrated and Turf Solutions, Inc. By: By: Jeremy Schwartz, Director of Operations/CPO James Kirkpatrick Date: Title: Approved: Date: By: Chad Coauette, Executive Director/CEO Date: Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#24-0986 Agenda Date: 9/4/2024 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: General Services Agenda Number: 6.12 SUBJECT/RECOMMENDATION: Approve a purchase order with Maire Company (Maire) for services provided under the lease agreement as well as certain additional work outside of the lease in the amount of $180,800.00, for the third term, beginning October 1, 2024 through September 30, 2025, pursuant to Clearwater Code of Ordinances Section 2.563(1)(d), Non-Competitive Purchases, and authorize the appropriate officials to execute same. (consent) SUMMARY: Since 1987, Maire has provided the city devices, instruments, appliances, cabinets, and wires/conduit throughout the city facilities with the addition of the maintenance and monitoring alarm services in accordance with Florida Fire Prevention Code 907, and NFPA 72 requirements. On October 6, 2022, Council approved a new 5-year lease agreement with Maire for continued services for one-year, with four, one-year renewal options. This item will be a renewal of the agreement with two, one-year renewals remaining. The work included as part of the lease agreement amounts to $142,800.00 of the total $180,800.00. Additionally, Maire is being asked to perform work outside the lease agreement. This extra work, estimated at $38,000, includes providing full cell service for generators, tracking patron counts at all city libraries, conducting fire drills for childcare facilities as required by the Pinellas County Licensing Board, and handling fire alarm resets and inspections of all city-owned fire alarm systems, among other tasks. Seeking the services Maire provides from another potential vendor would be impractical to bid as it would require the removal of all the equipment currently provided by Maire in numerous city facilities. The cost of contracting with a new fire alarm contractor to purchase and install new systems city wide would create significant budgetary increases as well. Furthermore, there would be separate additional costs ongoing for monthly fire alarm monitoring fees. APPROPRIATION CODE AND AMOUNT: Funds are requested as part of the FY2024- FY2025 operating budget of the General Service Department. The General Services Fund is an internal service fund of the City which provides building and maintenance support to all departments. The expenditure allocation is as follows: • 5656531-530300 Contractual Services STRATEGIC PRIORITY: These services help accomplish Strategic Plan Objectives 1.1, maintaining municipal performance, and promoting accountable governance; 1.2, maintaining public infrastructure; 1.3, identify resources required to sustain level of service 3.2, proactive code compliance, and targeted revitalization. Page 1 City of Clearwater Printed on 9/3/2024 CONNECTED SERVICE THIS AGREEMENT made this 1St day of October 2022 MAIRECOMPANY INC., hereinafter called "MaireSecurity", and City of Clearwater hereinaftercalled "Subscriber'. between WITNESSETH: That for the considerations and covenants hereinafter specified, the parties hereto do, for themselves, theirsuccessors and assigns, mutually covenantandagreeasfollows: A. Macre Security agrees to install and maintain orcauseto be Installed and maintained, duringthe term ofthisagreement, in the premiseslocated at: Various City of Clearwater facilities as per the Annual Active Alarm Spreadsheet in the City of Clearwater State of Florida (hereinafter referredtoasSubscriber's premises) Connected Protective Signaling Systems asspecified In theSchedule ofprotection, and will, subjectto the terms and conditions hereof, duringthetermofthisagreement, make perlodk Inspections of the system and make such repairs and adjustments as may be necessary for the proper operation andmakrteaneofsuchsystemingoodworkingorder, theSubscriber agreeing, nevertheless, toexerciseall reasonable preIn handlingthereofandtoratifyMake SecuritypromptlyofanyconetIonrequkingMakeSecurity'sattention. WhenevertheConnected ProtectiveSignaling Systemsspecified intheSchedule ofProtection shallrequireattentionbyarepresentativeofMakeSecurity, whether forrepairs, maintenance, nonfunctioning, malfunctioning orany carne whatsoever, MakeSecurity shalt receivewrittennoticefrautheSubscriberoftheneedtogiveattentiontoslidsystem, inorderto dispatcharepresentativeof MakeSecurity to the premises ofthe Subscriber. flea sed the antiresystem, inckpgng all devices, instruments, appliancesand all cabinets, conduits, connections, foils, screens, springs, tubing, wires and other materialsassociatedtherewith, Is and shallbe and remain the personal property of Make Security. 8. s_ Subscriber herebyagreesto payMetre Security, Its agents'orassigns, an installation charge of Zero 0.00 1, and to payin addition the sum of Dollars Dollar Amount per the Annual Active Alarm Spreadsheet Dollars ($ annumannuelly In advance. 1 Year contractwith41Year Renewals. This agreement may be renewed by the Subscriber by providing 30 days written notice toleeCompanyofSubscribersIntenttorenewpriortotheendoftheterm. Subscriber shall pay any unpaid balance of to Installation charge accrued hereunder forservicerenderedpriortotheeffectivedateoftermkatlon. C. Subscriber agrees to pay, In addition to the charges above any false alarm assessments, amounts equal to al taws, fess and charges imposed by anygovernmentalauthority, on or relatingto thesystem orthe installation or service, orthe receipts therefrom, and al charges imposed bythe telephone company fortelephone !besettheSubscriber's premises. SCHEDULE OF PROTECTION Monthly monitoring, maintenance, repair & inspection of Leased Alarm Systems/Equipment as per the Annual Alarm Spreadsheet. Damage by lightning will be covered on all Leased Alarm Systems/Equipment. No installation costs for future alarms. Service personnel available and on-call 24 hours a day. Service personnel available for fire drills. Cell communication systems available as required. Long range wireless systems available as needed. Signal & Data Reports available upon request. D. it is understood that Male Security isnot an insurer, that insurance shall be obtained by Subscriber, Ifany is desired; thatthe sums payable hereunder toMacreSecuritybySubscriberarebaseduponthevalueofservicesofferedandthescopeofliabilityundertakenandsuchsumsarenotrelatedtothevalueofpropertybelongingtoSubscriberortootherslocatedonsubscriber's premises. Subscriber does not seekIndemnity bythis agreement from MakeSecurity against any damagesorlossescausedbyhazardstoSubscriber's property. Make Security makes nowarranty. expressed or implied, that thesystemsIt %stats orthe services itfurnishes wwiavertorpreventoccurrences, ortheconsequences therefrom, which the systems and services aredesigned todetect. MainSecurity Kneesthat Itshagbe gable foranyofSubscriberslossesordamages, to person orto property, caused by the sok negfgena of Male Security, Its agents or employees. Itisagreed that IfMake Securityshouldbefoundliableforanylossesordamagesattributabletoafailureofsystemsorservicesinanyrespect, itsliability shall not exceed the sum ofthe amount paidbySubscriberfortheservicesunderthetermoftheagreement, and Subscribers sole remedy at law orin equity shall bethe right to recover a sumwithin such link. ADDITIONAL TERMS AND CONDITIONS ON REVERSE SIDE MAIRE COMPANY INC. ay John R. Macre, Jr. Approved Pres! Sales Representative A City aig*+etures provided o?ePrint) Subscriber ret_ spage 3 ed resentative Title Date TERMS AND CONDITIONS 1. if SPRINKLER SUPERVISORY AND WATERFLOW ALARM SERVICE is furnished, the Subscriber hereby agrees that all alarm valves, gate valves, tanks, pumps, compressors, inspector testconnections, or otherelements of thesprinkler systemasnow Installed areor willbe corrected so astobeacceptabletothe insuranceand anyother authorityhavingjurisdictionwhenequippedwiththeMaireSecurity'ssignaling devices and to furnish any necessary water through theSubscribers meter and at the Subscriber'sownexpense. 2. ifAUTOMATICRRE ALARM SERVICE is fumshed, the Subscriberagrees to Install hoods or protection devices necessaryto prevent false alarmsat hisoritsexpense overallareaswhereweiding, open hearth, manufacturing processes oranyheatcondition exists or occurs which might actuate thefire detecting system. 3. If BURGIARALARM SERVICE Isfurnished, the Subscriber agrees: tofollow properoperating procedures andto usethe equipment properly; totestany ultrasonic, microwave, capadtance or other electronic equipment designated on the Schedule ofProtection according to the procedures prescribed by Mahe Security priorto setting the alarmsystemforclosedperiodsandtonotifyMacreSecuritypromptlyifsuchequipmentfagstorespondtothetestifMaireSecurity's representative Issent tothe SubscribersprembesinresponsetoaservicecaloralarmsignalcausedbytheSubscriberimproperlyfollowingoperatinginstructionsorfailingordoseorproperlysectreaprotectedpoint, thereshal beanadditional service chargetothe Subscriber; thatanyvaultto be protected hereunder bysoundorvibration detectorshasthe minimum charaeteristiapresabedbyUnderwritersLaboratories, Inc; that ailweb, doors, skylights, windows and otherelements of the premises as nowconstructed, ortobe constructed, areorwillbeplacedInsuchcondition, at Subscribers expense, asto permit proper installation and operation ofthe burglaralarmsystem whenequipped withMaire Securitydevices. 4. If AUTOMATIC SUPERVISORY SERVICE is furnished, Subscriber agrees to execute and deliver to Maire Security mitten instructions forthe settings at which automaticsignalingdevicesInstalledbyMaireSecuritysialoperate. Subscriber hereby authorizes and empowers Maire Security to perform or awe to be performed the work necessary to install, maintain, inspect, test, and repair thesystemshitspremises. Suchworkshal beperformed between the hours of &00A.M. and 500 P.M. on normalbusiness days, a dudlrg Saturdays, Sundays and holidays; anyadditIordl omeroeresultingfromthe performance ofsuch workduring excludedtimeperiods atSubscriber'srequest, orfrom useofoutside contractorsforany reasonfortheperformanceofanysuchworkthatbnorrnalyperformedbyMaireSecurity, shall be paid by Subscriber. Subscriberfurther authorizes Maire Security to make orsetabemede, atSubscribe'sexpense, anychangesInoralteratbrutoSaki systems requested bySubscrberor by the insuranceratil%organttytlon haulingjurisdiction, or Made twassaryby any changes In Subsalber'g premises, Including changes In Interiors, contents, environment and other changes affecting the performance ofspascontrolorothersystems; Subscribershall give Maire Security priorwritten notice of anysuch changes in Subscriber's premises. Theexpense ofail ordinary maintenanceandrepairofleasedsystemsduetonormalwearandtearshallbebornebyMaireSecurity; the expanse ofany extraordktary maintenance and repair ofsaldsystems dueLobs ribeestions S ofthe Subscriber's premises, damage to such premises or to the alarmsystemor to any other causebeyondthe control ofMahe Security, shall be borne bySuershallprovideelectricalpermits. Ifrequired, and current at pointsdesignated by Mabe Security through Subscribers own meterandetSubsalber'sownexpense. 6. Subscriber hereby authorizes Make Security, upon 30 days written notice to Subscriber, to remove or abandon said systems, in whole or in part, including alt device% Instruments, appliances, and all abinets, conduits, connections, foe, screens, springs, tubing, wires and anyothermaterials assodated therewith. upontermination ofthisagreementbylapseoftime, defaultin the payment ofany monies due hereunder, orotherwise, vv thout any obligation torepairorredecorate anyh of dcrb ypremises; andItiagreed that such abandonmentorremoval shalnotconstitute a waiverofthe rightsofMake to collect which accruedaccruehereunder. MaireSeartty agrees that itshall beresponsiblefor dby systems and assaclatedequipment, ifsuch bduetotheSOWnegggenaofMsirc ' damage caused the remomelofits Security, its agents oremployees Insaid removal, M an amount notto exceedthe price paid bySubscriberforthe term of the agreement. Upontermination for non-paymentofany auntsdue hereunder, in additiontofullcharges accrued forservices rendered, there shag immediately become due and payablefullchargesuntiltheendoftheternofthisagreement. If Maire Security engages theservices ofan attorney Inthe colectlon of overdue accounts, the payment ofreasonableattorneysfeesattributabletheretoshalbecomeanobligationoftheSubsaibmartoMaireSuwrirytotheextentpermittedbyhue. 7. Make Security reserves the fightto terminate this agreementatanytime on written notice, on the happening ofany ofthefollowing events. (a) Madre Security Is unabletestamreortoretaintheconnectionsorprivilegesnecessaryforthetransmissionofsignalsbetweentheSubscriber'spremisesandthemunicipal (ireorponce department% or other places; (b) the receiving equipment, conectlng wires or.systems within the Subsabers premises belo gta to Maire Securtty are destroyed byfire or othercatastrophe, or so substantially damaged that it Is impractical to imbue service; (c) if Subscriber does notfollow proper operating procedures or does not use theequipmentproperly. Any suchtermination shal not subject Make Securityto liability forany damages, Including but not limited toconsequential damages; however, anyadvancepaymentmadeforservicenotyetrenderedattheeffectivedateofsuchterminationshalberefundedtotheSubaaber, amcept for an amount equal to anyinstallationcostspreriouslyincurred. Tills agreement maylikevAse beterminatad by Subscrber !fits premesaresodestroyed ordamaged providedthat itpaysany unpaidbabncaoftheinstallationchargeandofthechargesaccruedhereunderforservicerenderedpriortotheeffectivedateoftermination. 8. MateSecurity stall not be gableforanydelays however caused in Installation ofthe systems, or Intsrr pdons ofservicecaused bystrikes. riots, floods, acts ofGod orbyanyeventbeyondthecontrolofMaireSecurity, and will not be required to furnlsh servicetoSubscriberwhileanywin interruption shal continue. 9. The obligation ofMakeSearnty to provide service relatesto the maintenance solely ofthe alarm systemspedfled intheSchsdhde ofProtection and Male Security is notobligatedtomaintain, repair, service, replace, operateorassurethe operationofanydevice, systemor property belongingto Subscriberontoanythirdpartyto which suchspecifiedareattached. inorderto protectSubscriberfromliabilityfordamage to, ordestructionof, Maire Security'ssystems, Subscribershag suchindudesusystemsinrageproddedinItslabilityandfireksurancepogda. 10. Make Security shall havethenett to increase or decrease the annualservice charge provided above at anytime, ortimes afterthe expiration ofone yearfrom the dateserviceisoperativeunderthisAgreement, upon givingSubsahber written notice 60 days len advance of the effective date ofsuch increase or decrease. If Subscriber 1survlltgtopaysuchincreasedchargeSubsabermayterminatethethenunexpiredtermofthisAgreementbynotifyigMaireSecurityInwriting30dayspriortotheotherIseeffectivedateoftheincrease, and by paying all accrued charges forservice rendered until such date. Any advance payments madeforserviceto be suppliedsubsequenttothedateofsuchterminationshallberefundedtoSubscriber. it This agreement Is not assignable by Subscriber except upon the priorwritten consent ofMaire Security. 12. Thio agreement is not binding unless approved In writing by an Authorized Representative of Maire Security. if such approval is not obtained, the only Nobility of MaireSecurityshallbetoreturntoSubscribertheamount, Ifany, paid to MetreSecurity upon the signingofthisagreement by ItsSales Representative. 13. Thiswriting (together with any individually signed separate serviategreanents and riders pertaining tothis agreement) is Intended by the parties asthe final expressionoftheiragreementwithrespecttothesubjectmattercontainedhereinandalsoasthecompleteandexdusivestatementofthetentsofsuchagreement, notesanyprior, contemporaneous or subsequent purchaseorder or otherdocument relatingtosaidsubject matter. There is no courseofdealing orusageofthetrade that wouldsupplementorconflictwithitsterms. This agreement may only beamended Inwritingsigned bybothparties. 14. Signals received hereunderwill be called to the municipal pollee and/or fire departments and the personnel ofsuch munidpal police and/orfire departments arenottheagentsofMaireSecuritynordoesMaireSecurityassumeanyresponsibilityforthemannerinwhichtheyrespondoractonthem. CITY OF CLEARWATER SIGNATURE PAGE Countersigned: Mayor By: Approved as to form: Attest: Matthew J. Mytyclx, Esq. Assistant City Attorney CITY OF CLEARWATER, FLORIDA, A Florida municipal corporation. e -p Jon P. Jennings City Manager Rosemarie Call City Clerk City of Clearwater - Active Alarms Maire Company Security October 1, 2022 - September 30, 2023 Account Number Building / Property Monthly Cost Annual Cost Security Fire Other Devices/ Services 15000132 City of Clearwater 580 Office 45. 00 540. 00 X X 15005003 City of Clearwater Armory/ Special Events 130. 00 1, 560. 00 X X Digital Back- up 15007009 City of Clearwater Beach Recreation Center & Library 110. 00 1, 320. 00 X Patron Counter Cell Back- up 15005056 City of Clearwater City Hall Downtown 60. 00 720. 00 X X 2 - Panic Buttons Digital Back- up 15005042 City of Clearwater Coachman Marina 45. 00 540. 00 X 1 - Panic Button Digital Back- up 15005541 City of Clearwater Countryside Library 295. 00 3, 540. 00 X X Patron Counter 1- Panic Button Full Data Cell 15000465 City of Clearwater Countryside Recreation Center 45. 00 540. 00 X 15005085 t City of Clearwater Countryside Sports Complex 130. 00 1, 560. 00 X ' X Digital Back- up 15005018 City of Clearwater Eddie C. Moore Field 110. 00 1, 320. 00 X X Elevator Recall 15005082 City of Clearwater FDOT Building 75. 00 900. 00 X Digital Back- up 15000486 City of Clearwater Fire Station # 44 155. 00 1, 860. 00 X 5 - CO2 Detectors Elevator Monitor Elevator Recall 15000406 City of Clearwater Fire Station # 45 325. 00 3, 900. 00 X Elevator Recall 5 - CO2 Detectors 15007423 City of Clearwater Fire Station # 46 Modular 225. 00 2, 700. 00 15000475 City of Clearwater Fire Station # 48 45. 00 540. 00 X 6 - CO2 Detectors 15000418 City of Clearwater Fire Station # 48 Training Center & EOC 95. 00 1, 140. 00 X 15007449 City of Clearwater Fire Station # 49 45. 00 540. 00 X StarLink Cell 15000434 City of Clearwater Fire Station # 50 175. 00 2, 100. 00 X X CO2 Detectors StarLink Cell 15005567 15007451 City of Clearwater Fire Station # 51 80. 00 45. 00 960. 00 540. 00 15000631 City of Clearwater Garden Avenue Parking Garage 45. 00 540. 00 X 15000401 City of Clearwater Garden Avenue Parking Garage 50. 00 600. 00 X 15005547 City of Clearwater Gas Complex Buiding A 395. 00 4, 740. 00 X X Full Data Cell 15005546 City of Clearwater Gas Complex Buiding C 80. 00 960. 00 X X Full Data Cell 15005510 City of Clearwater General Services 50. 00 600. 00 X Full Data Cell 1500551089 City of Clearwater General Services A/ C Shop 25. 00 300. 00 X Full Data Cell 1500551087 City of Clearwater General Services Electrical Shop N 25. 00 300. 00 X Full Data Cell 1500551083 City of Clearwater General Services Fire 50. 00 600. 00 X Covers all of GS Except Wood Shop 1500551081 City of Clearwater General Services Main Area 90. 00 1, 080. 00 X Digital Back- up Temperature Alarm in Server Room Full Data Cell 1500551088 City of Clearwater General Services North Storage 25. 00 300. 00 X Full Data Cell 1500551086 City of Clearwater General Services Police/ SWAT Area N 25. 00 300. 00 X Full Data Cell 1500551082 City of Clearwater General Services Radio Shop 25. 00 300. 00 X Full Data Cell 1500551084 City of Clearwater General Services Woodshop West 25. 00 300. 00 X Full Data Cell 15005543 City of Clearwater Health Center 75. 00 900. 00 1 - Panic Button 15000136 City of Clearwater Infrastructure - A Supervisor Building 40. 00 480. 00 X 15005057 City of Clearwater Infrastructure - B Administration Office 45. 00 540. 00 X Digital Back- up 15005079 City of Clearwater Infrastructure - C Meter Shop/ Offices 65. 00 780. 00 X Digital Back- up 15000139 City of Clearwater Infrastructure - D Storage 40. 00 480. 00 X 15005540 City of Clearwater Infrastructure - E Signal & Sign Shop 100. 00 1, 200. 00 X Full Data Cell 15000138 City of Clearwater Infrastructure - F Welding Shop 40. 00 480. 00 X 15000137 City of Clearwater Infrastructure - G Equipment/ Storage 50. 00 600. 00 X 15005571 City of Clearwater Jack Russell Stadium 135. 00 1, 620. 00 X Elevator Recall Elevator Monitor Full Data Cell 15000439 City of Clearwater Joe DiMaggio Complex 45. 00 540. 00 X Elevator Recall 15005549 City of Clearwater Kings Highway Recreation Center 80. 00 960. 00 X X Full Data Cell 15000407 City of Clearwater Main Library - Fire 45. 00 540. 00 X Leased Dialer 15005068 City of Clearwater Main Library - Security 150. 00 1, 800. 00 X 6 - Panic Buttons Patron Counter Digital Back- up Video Intercom Access 15000209 City of Clearwater Marina Fuel Dock 40. 00 480. 00 1 - Panic Button 15005074 City of Clearwater Marina Office 50. 00 600. 00 X X 1 - Panic Button Digital Back- up 15000416 City of Clearwater Marshall Street Treatment Plant 45. 00 540. 00 X Elevator Recall 15005078 City of Clearwater McMullen Tennis Center 85. 00 1, 020. 00 X Digital Back- up 15005011 City of Clearwater Moccasin Lake Classrooms 45. 00 540. 00 X Digital Back- up 15005081 City of Clearwater Moccasin Lake Welcome Center 45. 00 540. 00 X Digital Back- up 15005083 City of Clearwater Morningside Rec Center 285. 00 3, 420. 00 X X Digital Back- up 15000420 City of Clearwater MSB - Fire 65. 00 780. 00 X Leased Dialer Elevator Monitor 15005507 City of Clearwater MSB - Security 125. 00 1, 500. 00 X 5 - Panic Buttons Temperature Alarms In Server Room & UPS Room Full Data Cell 15005076 City of Clearwater N Greenwood Library 55. 00 660. 00 X X Patron Counter Digital Back- up 15005006 City of Clearwater N Greenwood Rec Center 60. 00 720. 00 X Digital Back- up 15000415 City of Clearwater N. E. Water Pollution Plant 45. 00 540. 00 X Elevator Recall 15000485 City of Clearwater North Greenwood Rec Center 45. 00 540. 00 X 15005525 City of Clearwater North Ward 80. 00 960. 00 X Full Data Cell 15005061 City of Clearwater Nursery 45. 00 540. 00 X Digital Back- up 15005545 City of Clearwater PBI - East Area 80. 00 960. 00 X Full Data Cell 15005548 City of Clearwater PBI - West Area 80. 00 960. 00 X Full Data Cell 15005002 City of Clearwater Pier 60 Bait House 50. 00 600. 00 X X 1 - Panic Button Digital Back- up 15005009 City of Clearwater Pier 60 Parking/ Lifeguard 130. 00 1, 560. 00 X X Digital Back- up 15000427 City of Clearwater Pierce Street Garage 50. 00 600. 00 X 15000403 City of Clearwater Police Department - Beach 50. 00 600. 00 X Elevator Monitor 15000451 City of Clearwater Police Department - Downtown 45. 00 540. 00 X Leased Dialer 15005004 City of Clearwater Police Department - MLK 95. 00 1, 140. 00 X X Full Data Cell 15005054 City of Clearwater Police Impound Lot Countryside 55. 00 660. 00 X X Digital Back- up 15005005 City of Clearwater R. O. # 2 ( U. S. 19) 285. 00 3, 420. 00 X X Elevator Recall Digital Back- up Knox Box Alarm 15005520 City of Clearwater R. O. # 1 - N Building ( Saturn) 80. 00 960. 00 X Full Data Cell 15005080 City of Clearwater Radio Tower - North 50. 00 600. 00 X X Temperature Alarm Smoke Detector Digital Back- up 15000240 City of Clearwater Radio Tower - South 45. 00 540. 00 X Temperature Alarm 15000404 City of Clearwater Rec West Area - Long Center 180. 00 2, 160. 00 X 15005521 City of Clearwater Reservoir # 1 ( Saturn) 80. 00 960. 00 X Full Data Cell 15005017 City of Clearwater Reservoir # 3 ( 580) 45. 00 540. 00 X Digital Back- up 15005053 City of Clearwater Ross Norton Rec Center 60. 00 720. 00 X Digital Back- up 15000433 City of Clearwater Ross Norton Rec Center 45. 00 540. 00 X Leased Dialer 15000408 City of Clearwater Seminole Boat Ramp 65. 00 780. 00 X Elevator Recall Elevator Monitoring 15005016 City of Clearwater Sid Lickton Field 140. 00 1, 680. 00 X X Elevator Recall Elevator Monitor Digital Back- up 15005513 City of Clearwater Solid Waste - Scale Building 110. 00 1, 320. 00 X X Full Data Cell 15005514 City of Clearwater Solid Waste - Tipping Building 295. 00 3, 540. 00 X X Full Data Cell 15005062 City of Clearwater Solid Waste Maintenance Building B 45. 00 540. 00 X Digital Back- up 15005012 City of Clearwater Solid Waste Office Building A 50. 00 600. 00 X Digital Back- up 15000409 City of Clearwater Union Street Station 45. 00 540. 00 X 15000476 City of Clearwater WPC Lab 100. 00 1, 200. 00 X 15005051 City of Clearwater WPC Lab 45. 00 540. 00 X Digital Back- up TOTAL 7, 570. 00 90, 840. 00 System Off - Line 12/ 2/ 2021 System Off - Line 4/ 20/ 2022 System Off - Line 6/ 2/ 2022 15005542 City of Clearwater Gas Office - New Port Richey 95. 00 1, 140. 00 15007446 City of Clearwater Fire Station # 46 40. 00 480. 00 15005008 City of Clearwater Police Department Pistol Range Trailer 60. 00 720. 00 2, 340. 00 Account Number Building / Property Monthly Cost Annual Cost Security Fire Other Devices/ Services City of Clearwater - Active Alarms Maire Company Security October 1, 2024 - September 30, 2025 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#24-0989 Agenda Date: 9/4/2024 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: General Services Agenda Number: 6.13 SUBJECT/RECOMMENDATION: 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 annual not-to-exceed amount of $1,500,000 for Fiscal Year 2025, pursuant to Clearwater Code of Ordinances Sections 2.561(5)(a), Small purchases, 2.563 (1)(b), Micro purchases, and 2.563(1)(c), Piggyback, and authorize the appropriate officials to execute same. (consent) 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 August 31, 2027) * Florida Cooling & Supply: Micro/small purchases from local authorized distributor located in Clearwater, FL (Heil, Copeland, Honeywell, Larkin, Tempstar, Grandaire, Arcoaire, Manitowoc, Mistubishi, 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 GSB180001 Funds are available in General Services operating cost code 5656531-546200, Repairs & Service Equipment for city-wide maintenance/repair; capital project GSBM180001, Air Condition Replacement for A/C replacement at “General Government” facilities; and in various capital improvement projects based upon location. The General Services Fund is an internal service fund of the City which supports city-wide building Page 1 City of Clearwater Printed on 9/3/2024 File Number: ID#24-0989 maintenance. Capital project GSBM180001 is funded by General Fund revenues and other capital projects to be used are funded with their respective Utility and Enterprise Fund revenues based on facility ownership. STRATEGIC PRIORITY: These services help accomplish Strategic Plan Objectives 1.1, maintaining municipal performance, and promoting accountable governance; 1.2, maintaining public infrastructure; 1.3, identify resources required to sustain level of service 3.2, proactive code compliance, and targeted revitalization. Page 2 City of Clearwater Printed on 9/3/2024 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 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. INVITATION FOR BID - IFB # RC2002-1001 Page 7 of 119 HVAC PRODUCTS, INSTALLATION, LABOR BASED SOLUTIONS, AND RELATED PRODUCTS AND SERVICES- 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. INVITATION FOR BID - IFB # RC2002-1001 Page 8 of 119 HVAC PRODUCTS, INSTALLATION, LABOR BASED SOLUTIONS, AND RELATED PRODUCTS AND SERVICES- 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. INVITATION FOR BID - IFB # RC2002-1001 Page 9 of 119 HVAC PRODUCTS, INSTALLATION, LABOR BASED SOLUTIONS, AND RELATED PRODUCTS AND SERVICES- 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 INVITATION FOR BID - IFB # RC2002-1001 Page 10 of 119 HVAC PRODUCTS, INSTALLATION, LABOR BASED SOLUTIONS, AND RELATED PRODUCTS AND SERVICES- 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)). INVITATION FOR BID - IFB # RC2002-1001 Page 11 of 119 HVAC PRODUCTS, INSTALLATION, LABOR BASED SOLUTIONS, AND RELATED PRODUCTS AND SERVICES- 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 INVITATION FOR BID - IFB # RC2002-1001 Page 12 of 119 HVAC PRODUCTS, INSTALLATION, LABOR BASED SOLUTIONS, AND RELATED PRODUCTS AND SERVICES- 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 INVITATION FOR BID - IFB # RC2002-1001 Page 13 of 119 HVAC PRODUCTS, INSTALLATION, LABOR BASED SOLUTIONS, AND RELATED PRODUCTS AND SERVICES- 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: INVITATION FOR BID - IFB # RC2002-1001 Page 14 of 119 HVAC PRODUCTS, INSTALLATION, LABOR BASED SOLUTIONS, AND RELATED PRODUCTS AND SERVICES- 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. INVITATION FOR BID - IFB # RC2002-1001 Page 15 of 119 HVAC PRODUCTS, INSTALLATION, LABOR BASED SOLUTIONS, AND RELATED PRODUCTS AND SERVICES- 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. INVITATION FOR BID - IFB # RC2002-1001 Page 16 of 119 HVAC PRODUCTS, INSTALLATION, LABOR BASED SOLUTIONS, AND RELATED PRODUCTS AND SERVICES- 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: INVITATION FOR BID - IFB # RC2002-1001 Page 17 of 119 HVAC PRODUCTS, INSTALLATION, LABOR BASED SOLUTIONS, AND RELATED PRODUCTS AND SERVICES- • 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). INVITATION FOR BID - IFB # RC2002-1001 Page 18 of 119 HVAC PRODUCTS, INSTALLATION, LABOR BASED SOLUTIONS, AND RELATED PRODUCTS AND SERVICES- • 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, INVITATION FOR BID - IFB # RC2002-1001 Page 20 of 119 HVAC PRODUCTS, INSTALLATION, LABOR BASED SOLUTIONS, AND RELATED PRODUCTS AND SERVICES- 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. INVITATION FOR BID - IFB # RC2002-1001 Page 21 of 119 HVAC PRODUCTS, INSTALLATION, LABOR BASED SOLUTIONS, AND RELATED PRODUCTS AND SERVICES- 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: ____________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ INVITATION FOR BID - IFB # RC2002-1001 Page 22 of 119 HVAC PRODUCTS, INSTALLATION, LABOR BASED SOLUTIONS, AND RELATED PRODUCTS AND SERVICES- 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: ___________________________________________________________ INVITATION FOR BID - IFB # RC2002-1001 Page 23 of 119 HVAC PRODUCTS, INSTALLATION, LABOR BASED SOLUTIONS, AND RELATED PRODUCTS AND SERVICES- 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. INVITATION FOR BID - IFB # RC2002-1001 Page 24 of 119 HVAC PRODUCTS, INSTALLATION, LABOR BASED SOLUTIONS, AND RELATED PRODUCTS AND SERVICES- 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) INVITATION FOR BID - IFB # RC2002-1001 Page 26 of 119 HVAC PRODUCTS, INSTALLATION, LABOR BASED SOLUTIONS, AND RELATED PRODUCTS AND SERVICES- 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 INVITATION FOR BID - IFB # RC2002-1001 Page 30 of 119 HVAC PRODUCTS, INSTALLATION, LABOR BASED SOLUTIONS, AND RELATED PRODUCTS AND SERVICES- 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 INVITATION FOR BID - IFB # RC2002-1001 Page 31 of 119 HVAC PRODUCTS, INSTALLATION, LABOR BASED SOLUTIONS, AND RELATED PRODUCTS AND SERVICES- 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. INVITATION FOR BID - IFB # RC2002-1001 Page 32 of 119 HVAC PRODUCTS, INSTALLATION, LABOR BASED SOLUTIONS, AND RELATED PRODUCTS AND SERVICES- 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 INVITATION FOR BID - IFB # RC2002-1001 Page 33 of 119 HVAC PRODUCTS, INSTALLATION, LABOR BASED SOLUTIONS, AND RELATED PRODUCTS AND SERVICES- 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. $ $ $ $ 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 Version April 12, 2022 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. Version April 12, 2022 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. Version April 12, 2022 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. Version April 12, 2022 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 Version April 12, 2022 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”). Version April 12, 2022 $_______.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. Version April 12, 2022 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. Version April 12, 2022 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 Version April 12, 2022 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. Version April 12, 2022 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 Version April 12, 2022 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. Version April 12, 2022 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. Version April 12, 2022 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. Version April 12, 2022 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: Version April 12, 2022 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. Version April 12, 2022 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. Version April 12, 2022 (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); Version April 12, 2022 (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. Version April 12, 2022 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 Version April 12, 2022 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 Version April 12, 2022 (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 Version April 12, 2022 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. Version April 12, 2022 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: _____________________________ Version April 12, 2022 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 Version April 12, 2022 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. Version April 12, 2022 § 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. Version April 12, 2022 (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. Version April 12, 2022 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 Version April 12, 2022 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: Version April 12, 2022 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 Version April 12, 2022 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. Version April 12, 2022 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 Version April 12, 2022 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 Version April 12, 2022 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. Version April 12, 2022 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 Version April 12, 2022 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: Version April 12, 2022 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.” Version April 12, 2022 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: ________________________________ Version April 12, 2022 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. Version April 12, 2022 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 Version April 12, 2022 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: Version April 12, 2022 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. Version April 12, 2022 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) Version April 12, 2022 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 Version April 12, 2022 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 Version April 12, 2022 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. Version April 12, 2022 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.” Version April 12, 2022 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) Version April 12, 2022 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. Version April 12, 2022 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) Version April 12, 2022 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. Version April 12, 2022 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: _____________________ Version April 12, 2022 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: Version April 12, 2022 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 Version April 12, 2022 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 Version April 12, 2022 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 Version April 12, 2022 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 Version April 12, 2022 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 Version April 12, 2022 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 Version April 12, 2022 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 Version April 12, 2022 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 Version April 12, 2022 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 Version April 12, 2022 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 Version April 12, 2022 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 Version April 12, 2022 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 Version April 12, 2022 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 Version April 12, 2022 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 Version April 12, 2022 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: CONFIDENTIAL - Racine Contract # 3341 REGION Effective Date 01/01/2024 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 $252.81 $252.81 $252.81 $252.81 Bricklayers; Masons $126.40 $126.40 $126.40 $126.40 Carpenter /Case worker $142.20 $142.20 $142.20 $142.20 Carpet Layers/Floor Installers $142.20 $142.20 $142.20 $142.20 Concrete Finishers $142.20 $142.20 $142.20 $142.20 Data Comm/Telecom Installer $197.50 $197.50 $197.50 $197.50 Delivery personnel $86.91 $86.91 $86.91 $86.91 Drywall Installers; Ceiling Installers $118.50 $118.50 $118.50 $118.50 Electricians $276.51 $276.51 $276.51 $276.51 Elevator Mechanics $292.30 $292.30 $292.30 $292.30 Glaziers $150.10 $150.10 $150.10 $150.10 Heavy Equipment Operators $197.50 $197.50 $197.50 $197.50 HVAC Commercial A/C technician $181.62 $181.62 $181.62 $181.62 HVAC Light Commercial $150.10 $150.10 $150.10 $150.10 HVAC Helper $142.20 $142.20 $142.20 $142.20 HVAC Field Supervisor $197.50 $197.50 $197.50 $197.50 HVAC Refrigeration technician $173.80 $173.80 $173.80 $173.80 HVAC Duct installer $173.80 $173.80 $173.80 $173.80 HVAC Filter technician $134.31 $134.31 $134.31 $134.31 HVAC Building Automation technician $203.42 $203.42 $203.42 $203.42 Insulators $181.71 $181.71 $181.71 $181.71 Ironworkers $150.10 $150.10 $150.10 $150.10 Laborers $86.91 $86.91 $86.91 $86.91 Lathers $150.10 $150.10 $150.10 $150.10 Light Equipment Operators $118.50 $118.50 $118.50 $118.50 Metal Building Assembler $142.20 $142.20 $142.20 $142.20 Millwrights $142.20 $142.20 $142.20 $142.20 Operating Engineer $142.20 $142.20 $142.20 $142.20 Painters/Wall Covering Installers $158.01 $158.01 $158.01 $158.01 Pipefitters $205.41 $205.41 $205.41 $205.41 Plasterers $126.40 $126.40 $126.40 $126.40 Plumbers $205.41 $205.41 $205.41 $205.41 Project Manager $205.41 $205.41 $205.41 $205.41 Project Adminstrator $150.10 $150.10 $150.10 $150.10 Roofers $150.10 $150.10 $150.10 $150.10 Sheet Metal Workers $173.80 $173.80 $173.80 $173.80 Sprinkler Fitters $197.50 $197.50 $197.50 $197.50 Terrazzo Workers $150.10 $150.10 $150.10 $150.10 Tile Setters $150.10 $150.10 $150.10 $150.10 Waterproofers/Caulkers $118.50 $118.50 $118.50 $118.50 Geothermal Well Field Labor $181.71 $181.71 $181.71 $181.71 Engineering Design $276.51 $276.51 $276.51 $276.51 Energy Engineer $225.21 $225.21 $225.21 $225.21 Project Engineering $197.50 $197.50 $197.50 $197.50 Drafting $118.50 $118.50 $118.50 $118.50 Architectural $355.50 $355.50 $355.50 $355.50 Test & Balance Technician $237.00 $237.00 $237.00 $237.00 Infrared Tecnician $237.00 $237.00 $237.00 $237.00 Water Treatment Technician $173.80 $173.80 $173.80 $173.80 Miscellaneous 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 RATES 3. OVERTIME RATES (SUNDAY, HOLIDAYS): 2.00 X STANDARD RATES 4. 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#24-0994 Agenda Date: 9/4/2024 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: General Services Agenda Number: 6.14 SUBJECT/RECOMMENDATION: Authorize a purchase order increase to multiple vendors for the purchase of vehicle parts for heavy and light duty city vehicle and equipment in a cumulative not-to-exceed amount of $250,000.00 bringing the total amount to $1,950,000.00 pursuant to Clearwater Code of Ordinances Sections 2.563 (1)(c), Piggyback, 2.563(1)(a), Single source, and 2.563(1)(b),Micro purchases, and authorize the appropriate officials to execute same. (consent) SUMMARY: On November 2, 2023, the Council approved a purchase order for multiple vendors to supply vehicle parts for the city's heavy and light-duty vehicles and equipment, totaling $1,700,000.00, with a contract period extending through September 30, 2024. The pricing was based on piggyback contracts with the City of St. Petersburg, FL (contract number RFQ 7522, valid through September 30, 2025) and Hillsborough County (contract 20204-DST-KJ, valid through March 4, 2025). The single-source vendors include Atmax (MowerMax), Broyhill, Cummins, Environmental Products Group INC, H Barber, Ten-8, and Wesco. A single-source request is necessary because parts for the city's heavy and light-duty vehicles and equipment can only be obtained directly from the manufacturer or an authorized representative. For example, Cummins parts are available only from Cummins Inc., and MowerMax parts solely from the manufacturer Atmax. General Services is requesting authorization to increase our current purchase order by $250,000.00 for a new total of $1,950,000.00 to cover vehicle and equipment parts through the remainder of this fiscal year. Fleet has incurred higher than normal costs in FY24 due to supply chain strain, limited vendor offerings for OEM parts, and unscheduled additional repairs to city vehicles and equipment. APPROPRIATION CODE AND AMOUNT: Funding is available in the Fleet Maintenance operating cost code 5666611-550600 (Vehicle Parts) for this purchase order. Fleet Maintenance is an operating cost center of the Garage Fund, an internal service fund of the City. STRATEGIC PRIORITY: These purchases help accomplish strategic objective 1.2. Fleet division operators maintain public infrastructure to deliver effective and efficient services by optimizing City assets and resources. Page 1 City of Clearwater Printed on 9/3/2024 Solicitation No. 7522,1 City of St. Petersburg Page 1 of 21 Solicitation No. 7522,1 1.1 General Information Title RFP No. 7522: Automotive Parts, Services, Repair, and Maintenance Description 928.15 Automotive Parts, Services, Repair, and Maintenance Amendment Date 09-MAR-2020 08:08:02 Amendment Description Amendment No 1: To update bid forms labeled Appendix B1 to include OEM or Aftermarket Brands, Appendix B2 to include Other Services, and Appendix B3 to include price extension. Preview Date Not Specified Open Date 09-MAR-2020 08:08:08 Close Date 26-MAR-2020 19:21:40 Award Date Not Specified Time Zone Eastern Time Buyer Williams, Adam Quote Style Blind Email adam.williams@stpete.org Outcome Standard Purchase Order Note Pre-Bid Meeting Date: March 4, 2020 Time: 02:00 p.m. Location: Fleet Management 7th ave N, St. Petersburg, FL 33701 Please submit all questions in writing to Adam.Williams@stpete.org before 5:00pm, Tuesday, March 12, 2020. 1.2 Terms Ship-To Address FLEET FLEET MANAGEMENT CITY OF ST PETERSBURG 1800 7TH AVE N Saint Petersburg, FL 33713 United States Bill-To Address ACCOUNTS PAYABLE FINANCE DEPARTMENT ACCOUNTS PAYABLE CITY OF ST PETERSBURG PO BOX 1257 Saint Petersburg, FL 33731 United States Payment Terms NET 30 Carrier Common Carrier FOB FOB Destination Freight Terms Prepaid Currency USD (US Dollar) Price Precision 2 1.3 Requirements Section A - Profile 1.Company name (full legal name). ........................................................................................................................................................................ Provide your answer below Ring Power Corporation Solicitation No. 7522,1 City of St. Petersburg Page 2 of 21 Section A - Profile 2.Federal identification number. ........................................................................................................................................................................ Provide your answer below 3.Street address, P.O. Box, state, zip code, telephone and email. ........................................................................................................................................................................ Provide your answer below 4.Company ownership. If incorporated, the state and date of incorporation. ........................................................................................................................................................................ Provide your answer below 5.Year the company was founded. ........................................................................................................................................................................ Provide your answer below 6.Address and phone number of the office providing the supplies. ........................................................................................................................................................................ Provide your answer below 7.Name, phone number and title of the authorized representative. ........................................................................................................................................................................ Provide your answer below 8.Number of employees. 59-0934246 10421 Fern Hill Dr. , Riverview, FL 33578 July 17, 1961 1961 10421 Fern Hill Dr., Riverview FL 3378 Mark Newman AVP/Product Supply Sales Mgr 813865-2429 Solicitation No. 7522,1 City of St. Petersburg Page 3 of 21 Section A - Profile ........................................................................................................................................................................ Provide your answer below 9.Number of years company has been in present business providing these goods. ........................................................................................................................................................................ Provide your answer below 10.Type of business organization (sole proprietorship, partnership, corporation, limited liability company). ........................................................................................................................................................................ Provide your answer below 11.Is the bidder registered with the Florida Department of State, Division of Corporations (Sunbiz)? (Y/N) ........................................................................................................................................................................ Circle one from the response values below: NO YES 12.Is the bidder a City certified SBE? (Y/N) ........................................................................................................................................................................ Circle one from the response values below: NO YES 13. List Company background and relevant experience that qualifies Offeror to provide the services described in this solicitation, please include employees with ASE Certifications or other necessary certifications. ........................................................................................................................................................................ Provide your answer below Section B - Requirements 1. Bid Acceptances Period Unless otherwise specified herein, the bidder confirms that prices will remain firm for a period of ninety (90) days. (Y/N) ........................................................................................................................................................................ Circle one from the response values below: NO YES 2. Warranty The bidder fully warrants all material, equipment and services against poor and inferior 2,300 58 Corporation The company was founded in 1961 by L.C. "Ring" Ringhaver and has become one ofthe largest Caterpillar Dealer in the country. Solicitation No. 7522,1 City of St. Petersburg Page 4 of 21 Section B - Requirements quality or workmanship for a period of not less than one (1) year from date of final acceptance. Copies or descriptions of all manufacturer's(s') warranties shall accompany bid for the item(s) proposed. The description(s) shall include the length and scope of the warranties. (Y/N) ........................................................................................................................................................................ Circle one from the response values below: NO YES 3. F.O.B. Destination The bidder certifies that all prices are quoted F.O.B. destination. All shipping, handling and freight charges must be shown separately.(Y/N) ........................................................................................................................................................................ Circle one from the response values below: NO YES 4. Cash Discount Will you offer 2%10 days discount to the stated payment term? (Y/N) ........................................................................................................................................................................ Circle one from the response values below: NO YES 5. Large Order Discount Will you offer an addtional discount for large single orders over a specified dollar amount? ........................................................................................................................................................................ Circle one from the response values below: No Yes 6. Price Breaks Will your firm offer quantity price breaks? ........................................................................................................................................................................ Circle one from the response values below: No Yes 7. Delivery Time The bidder shall state in the space provided the delivery time in days from receipt of order. ........................................................................................................................................................................ Provide your answer below 8. Insurance Addtional Required Insurance for Services: 1,000,000 per vehicle, $2,000,000 per occurrence Garagekeepers Legal Liability coverage. Please confirm your ability to obtain the above insurance coverage. ........................................................................................................................................................................ Circle one from the response values below: No Not Applicable Yes Section C - Public Records Laws Please respond yes or no to the questions below. ........................................................................................................................................................................ Type No Response Required 1.The bidder acknowledges that its bid is subject to Public Records laws (Chapter 119, Florida Statutes). (Y/N) ........................................................................................................................................................................ Circle one from the response values below: 1 to 10 days Solicitation No. 7522,1 City of St. Petersburg Page 5 of 21 Section C - Public Records Laws NO YES 2.Has the bidder identified any trade secrets or confidential information in its proposal? (Y/N) ........................................................................................................................................................................ Circle one from the response values below: NO YES Section D - Exceptions 1.The bidder certifies that it takes no exceptions to the terms and conditions of the solicitation. (Y/N) ........................................................................................................................................................................ Provide your answer below 1.If exceptions are taken, specify in the space provided. ........................................................................................................................................................................ Provide your answer below Section E - Proposal 1. Diversity and Sustainability Please describe any diversity and sustainability programs your company currently has. ........................................................................................................................................................................ Provide your answer below 2. Innovation and Improvements In this section, please explain any innovative ideas or new concepts you would like to include as part of this proposal as described in Appendix A, section 5. ........................................................................................................................................................................ Provide your answer below 3. Customer Service Include a description of all unique services and features your firm offers that would be applicable to the Agreement. ........................................................................................................................................................................ Provide your answer below he company was founded in 1961 by L.C. "Ring" Ringhaver and has become one of the largest Caterpillar engine dealer in the US. Ring Power Corporation's keeps its parts warehouse fully stocked, there for able to supply all our customers needs with our parts counter personal always ready to help Maintaining fully stocked parts inventory at all times Solicitation No. 7522,1 City of St. Petersburg Page 6 of 21 Section E - Proposal 4. O n-Line Capabilities Does your firm offer on-line order tracking, expediting, rebates, sales history, invoices and inventory lists? ........................................................................................................................................................................ Provide your answer below 5. Recycling and Disposal Please give us a brief description of your recycling and disposal services. ........................................................................................................................................................................ Provide your answer below 1.4 Attachments Name Data Type Description Appendix A Scope of Services File Appendix A Scope of Services Appendix B1 Bid Form Parts File Appendix B1 Bid Form Parts Appendix B2 Bid Form Services File Appendix B2 Bid Form Services Appendix B3 Sample list Pricing Parts File Appendix B3 Sample list Pricing Parts Base Agreement File Base Agreement SBE Form File SBE Form Not online Ring Power Corporation recycles materials as much as possible while the disposal of useds oils, etc. are all being done so by following all state and local guidelines Solicitation No. 7522,1 City of St. Petersburg 2 Price Schedule 2.1 Line Information Line Item, Rev Target Quantity Unit Response Quantity Unit Price Amount Promised Date 1 Automotive Services, Repair, and Maintenance Enter $1 1 EAC H 2 Automotive Replacement Parts and Accessories. Enter $1 1 EAC H Solicitation No. 7522,1 City of St. Petersburg Contract Terms and Conditions Table of Contents Solicitation No. 7522,1 City of St. Petersburg City of St Petersburg Solicitation Documents PART A Scope of Services Please see Appendix A: Scope of Services Solicitation No. 7522,1 City of St. Petersburg Page 10 of 21 PART B Instructions to Offerors and General Provisions Instructions to Offerors and General Provisions 1.Intent The city of St. Petersburg, Florida ("City") invites qualified firms to submit proposals for RFP No. 7522. 2.Required Review Offers are required to carefully review this solicitation for defects and questionable or objectionable matter. Comments concerning defects and objectionable material must be made in writing to the procurement analyst and received by the City at least 10 days before the proposal closing. This will allow issuance of any necessary addendum. It will also help prevent opening a defective solicitation and exposure of offeror's proposals upon which an award could not be made. A protest based on omission or error, or on the content of the solicitation, will be disallowed if these faults have not been brought to the attention of the City, in writing, at least 10 days before the time set for closing. 3.Preparation of the Proposal Offerors are expected to examine this solicitation and all related documents. Failure to do so is at the Offeror's risk. Each Offeror shall furnish the information required by this solicitation. The Offerors shall retain a copy of all documents for future reference. All proposals must be submitted with the company or firm's legal name and by an officer or employee having authority to bind the company or firm by his or her signature, and provide proof of such authority with its proposal. 4.Questions Received Prior to Closing of Solicitation All questions must be in writing and emailed to the Procurement Analyst. Telephone conversations must be confirmed in writing. Questions that may be answered by directing the questioner to a specific section of the solicitation may be answered over the telephone or by email. More complex questions may require a written addendum to the solicitation. 5.Amendments When an amendment is issued it will be provided to all who were notified of the solicitation through the City's online bidding system. Offerors must acknowledge receipt of each amendment prior to the hour and date specified in the solicitation or as amended, following the methods specified in the amendment. Failure to acknowledge receipt of amendment may result in rejection of your proposal. 6.City Not Responsible for Preparation Costs The City will not pay any costs associated with the preparation, submittal, presentation or evaluation of any proposal. Solicitation No. 7522,1 City of St. Petersburg Page 11 of 21 7.Submission or Receipt of Proposals Proposals will be received through the City's online bidding system no later than: Time: 3:00 p.m. (EST) Date: March 26, 2020. Facsimile or e-mail proposals will not be considered; however, proposals may be modified online provided such notices are received prior to the hour and date specified above. Late proposals and modifications will not be considered. Failure to follow the instructions in this solicitation is cause for rejection of offer. 8.Information Designated a Trade Secret and/or Confidential and/or Proprietary All proposals (including all documentation and materials attached to proposals or provided in connection with this solicitation) submitted to the City are subject to Florida's public records laws (i.e., Chapter 119, Florida Statutes), which requires disclosure of public records, unless exempt, if a public records request is made. Proposals (including all documentation and materials attached to proposals or provided in connection with this solicitation (even if in a separate electronic file)) submitted to the City cannot be returned. The City will not consider proposals if the entire proposal is labeled a Trade Secret and/or Confidential and/or Proprietary. If Offeror believes that its proposal contains information that is a trade secret (as defined by Florida law) and/or information that is confidential and/or proprietary and therefore exempt from disclosure then such information must be submitted in a separate electronic file and comply with the following requirements. In addition to submitting the information in a separate or electronic file, Offeror must include a general description of the information designated as a trade secret and/or confidential and/or proprietary and provide reference to the Florida statute or other law which exempts such designated information from disclosure in the event a public records request. The City does not warrant or guarantee that information designated by Offeror as a trade secret and/or confidential and/or proprietary is a trade secret and/or confidential and/or proprietary and exempt from disclosure. The City offers no opinion as to whether the reference to the Florida statute or other law by Offeror is/are correct and/or accurate. Please be aware that the designation of information as a trade secret and/or confidential and/or proprietary may be challenged in court by any person or entity. By designation of information as a trade secret and/or confidential and/or proprietary Offeror agrees to defend the City, its employees, agents and elected and appointed officials ("Indemnified Parties") against any and all claims, demands and actions (whether or not a lawsuit is commenced) arising out of or in connection with Offeror's designation of information as a trade secret and/or confidential and/or proprietary and to hold harmless the Indemnified Parties for any award to a plaintiff for damages, costs and attorneys' fees, and for costs and attorneys' fees (including those of the City Attorney's office) incurred by the City by reason of any claim, demand or action arising out of or related to Offeror's designation of information as a trade secret and/or confidential and/or proprietary. Failure to comply with the requirements above shall be deemed as a waiver by Offeror to claim that all additional information in its proposal is a trade secret and/or confidential and/or proprietary regardless if such information is labeled trade secret and/or confidential and/or proprietary. Offeror acknowledges, understands and agrees that all information in Offeror's proposal (not including information in 1.3 Requirements Section G) will be disclosed, without any notice to Offeror, if a public records request is made for such information and the City shall not be liable to Offeror for such disclosure. Offeror acknowledges and understands that Offeror's proposal, including the information submitted in a separate Solicitation No. 7522,1 City of St. Petersburg Page 12 of 21 electronic file in accordance with the requirements set forth in 1.3 Requirements Section G, will be distributed to the Evaluation Committee members, City staff and City consultants to allow Offeror's entire proposal, including the information submitted in a separate electronic file, to be evaluated and considered for award of this Contract. The entire contents of Offeror's proposal, including the information submitted in a separate electronic file, may be discussed at meetings that are open to the public, subject to the requirements set forth in Chapter 286, Florida Statutes. 9.Right to Reject Proposal a. Offers must comply with all the terms of the solicitation, the City Procurement Code (Section 2-246) and all applicable state and federal laws. The City may reject any proposal that does not comply with all of the material and substantial terms, conditions and performance requirements of the solicitation. b. Offerors may not restrict the rights of the City or qualify their proposal. If an offeror does so, the City may determine the proposal to be a non responsive counter-offer and the proposal may be rejected. c. Minor informalities, that do not affect responsiveness; that are merely matter of form or format; that do not change the relative standing or otherwise prejudice other offers; that do not change the meaning or scope of the solicitation; that are trivial, negligible or immaterial in nature; do not effect a material change in the work; or, do not constitute a substantial reservation against a requirement or provision may be waived by the City. d. The City's right is reserved to reject any or all proposals for any reason and to disregard typographical, mathematical or obvious errors. 10.Explanations to Offerors Explanations or instructions shall not materially alter this solicitation unless they are in writing. Oral explanations or instructions given before the award of the Agreement will not be binding. If necessary, a written amendment to this solicitation will be issued and posted on the City's website at http://www.stpete.org/internal-bids.php for download by Offerors. 11.Acceptance of Offer The submitted proposal shall be considered an offer on the part of the Offeror. Such offer shall be deemed accepted upon execution of the Agreement. 12.Evaluation Criteria Proposals will be evaluated on the following criteria: Criteria [Points] Experience of firm 15 Qualification and technical competence 15 Recycling and sustainability programs 10 Past Performance on similar contracts 30 Cost or price 30 [Total: 100%] 13.Evaluation of Proposals Solicitation No. 7522,1 City of St. Petersburg Page 13 of 21 The proposals will be evaluated based solely on the evaluation factors or criteria set forth in this section of the solicitation. Where there are multiple responsive proposals to the solicitation, a short-listing of two or more Offerors may be made. Negotiations as outlined in this section may begin with the selected Offerors on the short-list. If there is only one responsive proposal, negotiations may proceed with a single offeror. Selected Offerors may be required to make presentations. 14.Negotiations with Offerors a. The City may conduct discussions (negotiations) with selected Offerors for the purpose of clarification. The purpose of the negotiations shall be to ensure full understanding of the solicitation requirements, the offeror's proposal and responses to post-proposal opening and modifications to the solicitation specifications which are in the best interest of the City. Negotiations will be limited to specific negotiation issues or subjects which do not significantly change the scope or purpose of the project for which the solicitation was issued. If modifications are made as a result of these discussions they shall be put in writing. b. Following discussions, the City may set a time and date for best and final offers from those Offerors with whom discussions were held. Proposals may be reevaluated after receipt of best and final offers. c. During the negotiation process, selected Offerors shall be accorded fair and equal treatment with respect to any opportunity for discussion and revision of proposals related to negotiation subjects for the purpose of preparing their best and final offer which may be requested and received by the City prior to the conclusion of the negotiation process.d. Amendments, deletions and additions to the selected Offeror's original proposal shall be related to the negotiation subjects only. 15.Schedule Solicitation Published: February 27, 2020 Pre-proposal Meeting: March 4, 2020 Question Cut-off: March 12, 2020 Proposal Due Date: March 26, 2020 Evaluation and Short-listing: April 7, 2020 Recommendation for Award: April 24, 2020 City Council Approval: May 21, 2020 16.Award Without Discussion The City may award the Agreement on the basis of initial offers received, without discussions. Therefore, each initial offer should contain the Offeror's best terms from a cost or price and technical standpoint. 17.Award of Agreement An award shall be made to the responsible Offeror whose proposal is determined, in writing, to be the most advantageous to the City, taking into consideration price and the evaluation factors set forth in this solicitation. 18.Modification or Withdrawal of Offer An offer may not be modified, withdrawn, or canceled by the Offerors for 150 days following the time and date designated for the opening of proposals (except when requested by the City for clarification, presentation or best and final offers) and the Offerors so agree by submitting their proposals. Solicitation No. 7522,1 City of St. Petersburg Page 14 of 21 19.Discrepancies, Errors, and Omissions Any discrepancies, errors, or ambiguities in this solicitation or amendment(s) thereto (if any) should be reported in writing to the City's Procurement & Supply Management Department. Should it be found necessary, a written amendment will be incorporated in this solicitation. The City will not be responsible for any oral instructions, clarifications, or other communications. 20.Disqualification The City reserves the right to disqualify Offerors before or after opening, upon evidence of collusion with intent to defraud or other illegal practices on the part of the Offerors. 21.Execution of Agreement The individual, firm, or corporation to which the Agreement is awarded shall sign the necessary agreement entering into a contract with the City, and return it to the City within ten (10) business days from the date the final approved agreement has been received by the successful Offeror. No agreement shall be considered binding upon the City until it has been properly executed. 22.Data Collection Pursuant to Florida Statute 119.071 Social Security Numbers collected from offerors are used for identification, verification and tax reporting purposes. 23.Public Entity Crimes A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 24.Environmentally Preferable Purchasing It is the policy of the City to purchase recycled and environmentally preferable goods. This includes products that contain recycled material, reduce toxicity and pollution, conserve energy, conserve water and prevent waste. This policy will be carried out consistent with the City's obligations and purpose, and with an overall intent to obtain competitive prices to provide value to the taxpayers. Offerors are encouraged to submit items in their bids that meet the City's Environmentally Preferable Purchasing ("EPP") program standards. When submitting EPP items for consideration, offerors must submit documentation that substantiates their claims. When evaluating submissions where two products are of equal fitness and quality, and the price of the EPP product is equal to or less than that of a non-EPP content product, the City will purchase the EPP product. 25.Offeror Registration Solicitation No. 7522,1 City of St. Petersburg Page 15 of 21 Offeror must be registered with the Florida Division of Corporations to do business within the State of Florida prior to award of an agreement. Offeror must be registered with the City as a vendor prior to award of an agreement. The City online Vendor Registration Form is available on the City's website at http://www.stpete.org/with_the_city/index.php. 26.Nondiscrimination Vendors and Contractors for the City of St. Petersburg are required to comply with Pinellas County Code Section 70-53 (a)(1), regarding discrimination in employment; as well as all Federal, State and local laws. Pursuant to the Code, Vendors and Contractors shall provide workplaces free from discrimination harassment and related inappropriate behavior. Behavior that is discriminatory, harassing or otherwise inappropriate when such behavior is based on an individual's or group's race, color, national origin, religion, gender, marital status, age, disability, sexual orientation, genetic information or other protected category is considered a violation of the Code. Gender includes, but is not limited to sex, pregnancy, childbirth or medical conditions related to childbirth, and gender-related self- identity which can be shown by evidence such as medical history, care or treatment of the gender-related identity, consistent and uniform assertion of the gender-related identity, or any other evidence that the gender-related identity is sincerely held. Vendors and Contractors are further encouraged to provide workplaces free of discrimination in terms of conditions of employment, including benefits. 27.Prohibited Communication Offeror and its employees, agents, contractors and representatives are prohibited from lobbying City Council, the Mayor, City staff, selection committee members and City project consultants relative to Offeror's proposal or this solicitation until the solicitation selection and award processes have been completed. Non-compliance with this provision may result in disqualification of Offeror from consideration. Notwithstanding the foregoing, this provision shall not prohibit Offeror from (i) providing public comment in accordance with applicable laws and City policies at public meetings where public comment is permitted, (ii) making a presentation during a selection committee meeting if requested by the selection committee, or (iii) submitting a dispute or complaint in accordance with the requirements set forth in this solicitation. 28.Disputes and Complaints All complaints or grievances should be first submitted orally or in writing to the Director of Procurement & Supply Management, who will take prompt remedial action. The Director of Procurement & Supply Management shall investigate the validity of the complaint and present the findings in writing to the Offeror. If the Offeror is dissatisfied with the Director of Procurement & Supply Management's remedies, Offeror may then make an appeal to the Mayor's office. Offerors appeal will be heard by either the Mayor or City Administrator. All complaints, grievances or appeals must be made no later than seven calendar (7) days preceding the date of the City Council meeting approving the Agreement or no later than seven calendar (7) days following the selecting of the successful Offeror if the Agreement does not need to be approved by City Council. 29.Living Wage Living Wage Requirements. The living wage requirements set forth in St. Petersburg City Code Chapter 2, Article V, Division 8, as those requirements may be amended from time to time, (collectively, the "Living Wage Requirements") will be incorporated into the agreement between the City and the selected Offeror where applicable. Accordingly, where applicable, the selected Offeror shall (i) pay its employees for any hours worked pursuant to the Solicitation No. 7522,1 City of St. Petersburg Page 16 of 21 agreement in accordance with the Living Wage Requirements; (ii) comply with prohibitions on retaliation and discrimination set forth in the Living Wage Requirements; (iii) comply with the provisions for enforcement and construction set forth in the Living Wage Requirements; (iv) provide required reports and certification to the City in accordance with the Living Wage The selected Offeror must comply with the Living Wage requirements set forth in St. Petersburg City Code, Chapter 2, Article V, Division 8, as those requirements may be amended from time to time. The selected Offeror must certify compliance by executing the form included in this RFP or other means as specified herein. 30.Small Business Enterprise Program (SBE) The City is committed to assisting Small Business Enterprises (SBEs), in accordance with Municipal City Code Chapter 2, Article V, Division 4, 2-269 to 2-272. The program's purpose is to foster growth in the economy and provide opportunities for small business. The City certifies SBEs for contracting and procurement opportunities in construction, goods and services, professional services, and supplies. A business must be independently owned, operated and controlled, and not dominant in its field of operation and must meet the following criteria: serve a commercially useful function; been in operation for at least one year; has 50 full time employees or less; annual sales volume of $8 million or less for construction; domiciled in Pinellas, Hillsborough, Pasco, Manatee, or Polk counties; and must be certified by the City's Greenhouse. 31.Financial Resources Offerors selected for short-listing in the evaluation shall be required to provide documentation of their financial resources for providing services and meeting other financial obligations. Such documentation shall include a copy of Offeror's most recent year's audited financial statement summaries and the notes to the financial statement, or an individual tax return and personal financial statement of net worth for the most recent year if Offeror is an individual proprietor. 32.Health In All Policies Pursuant to Executive Order EO-2018-04, it is the policy of the City to apply the consideration of health, health impacts, and the social determinants of health to the City's decision–making, including the delivery of services and procurement of supplies and construction. Contractors are encouraged to propose services, supplies and construction that promote health to the greatest extent practicable in their responses to City solicitations. Contractors are further encouraged to provide workplaces that promote the health and well-being of their employees. Solicitation No. 7522,1 City of St. Petersburg Page 17 of 21 33.Wage Theft The City is committed to eliminating the underpayment or nonpayment of wages earned by persons working in the City of St. Petersburg. It is the policy of the City to engage the selected Offeror in support of the provisions set forth in Municipal City Code Article III, Chapter 15, Sections 15-40 through 15-46 (Ordinance No. 161-H). As such, the City is authorized to direct proactive investigations of designated industries or employers in response to reports of alleged violations of this Article from employees, residents, organizations, or employers. Solicitation No. 7522,1 City of St. Petersburg Page 18 of 21 PART C Base Agreement Provision BASE AGREEMENT SETTING FORTH THE MINIMUM REQUIREMENTS The City reserves the right to add or modify the terms and conditions at any time prior to the final execution of an agreement. The Contractor will be given the opportunity to take exception to any additional or modified term or condition in the same manner as set forth in the solicitation documents. Solicitation No. 7522,1 City of St. Petersburg Page 19 of 21 PART D Special Provisions for Services 1.Identification of Employees Contractor's employees shall wear uniforms or company identification badges displaying contractor's name and employee's name at all time while on city property. 2.e-Payables The city's preferred method for invoice payment is electronic remittance of invoices via designated credit account assigned to Contractor instead of paper checks. Contractor is encouraged to adopt the city's electronic payment option, which is designed to deliver payables quickly and more efficiently than check payments. This procedure is consistent with the city's obligations and purpose, with an overall intent to utilize technology to provide value to the taxpayers. 3.Ghost Card Payment Where practicable, the City may process all payments under the Agreement by Ghost Card (virtual City credit card). Ghost Card payments are electronic purchasing-card-based payments to the Contractor through City issued virtual accounts. Reconciliation occurs through the Contractor's standard point-of-sale terminals instead of through individual invoices and checks, after fulfillment of a City-issued purchase order. Ghost Cards shall have effectivity dates and authorization for specific supplies, services and users pursuant to the terms of the Agreement. Unauthorized purchases will be the responsibility of the Contractor. 4.Multiple SourceAward A multiple source award may be issued when awarded to two (2) or more Contractors for similar products when necessary for adequate delivery, service, or product compatibility. Multiple source awards shall not be made when a single award will meet the City's needs without sacrifice of economy or service. Awards shall not be made for the purpose of dividing the business, making available product or supplier selection to allow for user preference unrelated to utility or economy, or avoiding the resolution of the offers. Any such awards shall be limited to the least number of suppliers necessary to meet the valid requirements. 5.Product Labels and MSDS Contractor shall provide, prior to beginning work, manufacturer's labels and MSDS information for all chemicals to be used in the performance of Agreement. Manufacturer's labels must include (a) name and manufacturer of chemical; (b) customary use; c) application process; (d) possible hazards; (e) special precautions; (f) emergency treatment in the event chemical is used improperly. In compliance with Florida's Occupational Health and Safety Statue (Chapter 442), MSDS information submitted must include: (a) chemical and common names of the substance; (b) hazards or risks in the use; c) proper precautions, handling practices, necessary personal protective equipment, and other safety precautions in the use of or exposure/overexposure to the substance; (d) emergency procedures for spills, fire, disposal and first aid; (e) Solicitation No. 7522,1 City of St. Petersburg Page 20 of 21 description, in lay terms, of the known specific potential health risks posed by the substance; (f) the year and month (if available) the MSDS information was compiled and the name, address and emergency telephone number of the manufacturer responsible for preparing the information. 6.Orders and Invoices a. Orders will be placed against this Agreement via E-mail, and shall be accompanied by Purchase Order Numbers. All open orders are accessible by Contractor for reconciliation through their online supplier profile. b. Unless otherwise agreed to, all performance under this Agreement must be accompanied by delivery tickets or sales slips that must contain the following information as a minimum: (1) Name of Contractor. (2) Agreement Number. (3) Purchase Order Number. (4) A description of services furnished or supplies delivered, including model number, National Stock Number (NSN) and City's item number. (5) Task/delivery order number. (6) Date of purchase. (7) Quantity, unit price, and extension of each item (unit prices and extensions need not be shown when incompatible with the use of automated systems; provided, that the invoice is itemized to show the information). (8) Date of performance. c. Invoices must be submitted to ap@stpete.org within the task/delivery order transmission issued against this Agreement. The Contractor's invoice must include, at a minimum, the following: (1) City's Agreement Release or Purchase Order numbers. (2) Name of Contractor. (3) Date of preparation. (4) Contractor's invoice number. (5) Address to which payment should be mailed. (6) City's Agreement Release or Purchase Order numbers. (7) A description of services furnished or supplies, including quantities, unit prices and extensions. (8) Discount payment terms. (9) Name of requesting department for whom the shipment was made. 7.Accessibility Contractor shall fully inform itself regarding any peculiarities and limitations of the spaces available for the performance of work under this Agreement. Contractor shall exercise due and particular caution to determine that all parts of its work are made quickly and easily accessible. 8.Damage a. Contractor shall be held responsible for any breakage, loss of the City's equipment or supplies through negligence of Contractor or its employees, subcontractors and agents while working on the City's premises. Contractor shall be Solicitation No. 7522,1 City of St. Petersburg Page 21 of 21 responsible for restoring or replacing any equipment, facilities, and other property so damaged. b. Contractor shall immediately report to the City any damages to the premises resulting from performance under this Agreement. Failure or refusal to restore or replace such damaged property will be a breach of this Agreement. 9.Completion of Work If Contractor fails to comply with the conditions of this Agreement, or fails to complete the required work or furnish the required materials within the time stipulated, the City reserves the right to purchase in the open market, or to complete the required work, at the expense of Contractor. The City may seek recourse including but not limited to, the provisions of the performance bond if such bond is required under the conditions of this Agreement. 10.Summary of Total Sales Contractor shall furnish the Purchasing Department as requested, a detailed summary of sales. The sales summary shall include an itemized description of services or supplies delivered and dollar amount of each. Failure to provide this information within 30 calendar days following the request may result in Contractor being found in default. 11.Performance Evaluation During this Agreement term, Contractor's performance will be evaluated on multiple criteria including service, quality, accessibility, responsiveness, documentation, skills, creativity and innovation, customer interfaces and flexibility. Non or substandard performance may be grounds for termination of this Agreement. 12.Insurance Certificate Maintenance Expiration notifications for the City's insurance certificates are managed by an authorized third party firm on behalf of the City. The firm shall contact the Contractor directly via email to request updated certificates prior to expiration. Contractor shall respond directly to the firm as requested. Continued on Page 2 ST. PETERSBURG CITY COUNCIL Consent Agenda Meeting of June 15, 2023 To: The Honorable Brandi Gabbard, Chair, and Members of City Council Subject: Approving the renewal of blanket purchase agreements with Action Fabrication and Truck Equipment, Inc., Atlas Hydraulics Inc., Continental Battery Company, and 39 other companies for automotive parts for the Fleet Management Department, at an estimated annual cost of $3,750,000, for a total renewal amount of $7,500,000. Explanation: The vendors provide parts for the following items including, but not limited to automobiles, police cruisers, fire apparatus, light, medium, and heavy-duty trucks, backhoes, cranes, tractors, loaders, refuse vehicles, agricultural equipment, generators, compressors, and specialized equipment. The types of parts will include original manufacturer, and aftermarket parts when the original manufacturer parts are not immediately available. The Procurement and Supply Management Department, in cooperation with the Fleet Management Department, recommends for renewal: Automotive Parts and Supplies …………..……………..……….……. $7,500,000 AAET Corp. (St. Petersburg, FL) Agility Fuel Solutions (Costa Mesa, CA) All Florida Fire Equipment Co. (St. Petersburg, FL) Atlas Hydraulics, Inc. (Clearwater, FL) Austin and Son Auto Electric, Inc. (Tampa, FL) AutoNation Toyota Pinellas Park (St. Petersburg, FL) Bob Lee’s, Inc. (St. Petersburg, FL) Choo-Choo Lawn Equipment Inc. (Plant City, FL) Continental Battery Company (Dallas, TX) Dana Safety Supply, Inc. (Jacksonville, FL) Dobbs Equipment, LLC (Riverview, FL) EFE, Inc., dba Everglades Farm Equipment Group (Wellington, FL) Environmental Products Group, Inc. (Apopka, FL) Fleet Products Inc. (Clearwater, FL) Fleetpride Inc. (Irving, TX) Florida Kenworth, LLC (Madison, WI) Glades Parts Company, Inc. (Belle Glade, FL) Goodyear Rubber Products, Inc. (St. Petersburg, FL) W.W Grainger Inc., dba Grainger (Lake Forest, IL) IEH Auto Parts LLC, dba Auto Plus Auto Parts (Kennesaw, GA) Maher Chevrolet, Inc. (St. Petersburg, FL) McNeilus Trucking and Manufacturing, Inc. (Oshkosh, WI) Menzi USA Sales Inc. (Lakeland, FL) Monro Inc, dba Tire Choice Auto Service Centers (Rochester, NY) Nextran Corporation, dba Nextran Truck Center (Jacksonville, FL) Automotive Parts & Equipment June 15, 2023 Page 2 Reading Truck Equipment LLC. (Tarpon Springs, FL) Ruckus Investment, LLC, dba Quality Powers (Clearwater, FL) RDK Assets LLC (Tampa, FL) Reading Truck Equipment, LLC (Houston, TX) Ring Power Corporation (St. Augustine, FL) Rush Truck Centers of Florida Inc. (New Braunfels, TX) South Florida Emergency Vehicles, LLC (Fort Myers, FL) Tampa Truck Center LLC, dba Southport Truck Group (Tampa, FL) Sun State International Trucks, LLC (Tampa, FL) Tampa Crane & Body Acquisition, LLC (Tampa, FL) Tampa Spring Co. (Tampa, FL) Ten-8 Fire & Safety, LLC (Bradenton, FL) TPH Holdings Florida LLC, dba The Parts House (Jacksonville, FL) Trekker Tractor (Davie, FL) Walker Ford Co Inc (Clearwater, FL) Wesco Turf Inc. (Sarasota, FL) Western Refuse & Recycling Equipment, Inc. (Chandler, AZ) The original agreement was executed on July 13, 2020 in the amount of $10,500,000. An allocation increase in the amount of $500,000 was approved on December 1, 2022. The vendors have agreed to renew under the same terms and conditions. Administration recommends renewal of the agreements based on the vendors’ past performance and demonstrated ability to comply with the terms and conditions of the agreement. The renewal will be effective from the date of approval through September 30, 2025, with no renewal options. Cost/Funding/Assessment Information: Funds have been previously appropriated in the Fleet Management Fund (5001), Fleet Management Department, Parts & Fuel Division (800- 2525). Attachments: Resolution 1 RESOLUTION NO. 2023-_____ A RESOLUTION APPROVING THE TWO-YEAR RENEWAL OPTION TO THE AGREEMENTS WITH THE 42 VENDORS IDENTIFIED ON THE ATTACHED MEMORANDUM FOR AUTOMOTIVE PARTS FOR THE FLEET MANAGEMENT DEPARTMENT TO EXTEND THE TERM AND INCREASE THE COMBINED CONTRACT AMOUNT BY $7,500,000 FOR THE RENEWAL TERM THROUGH SEPTEMBER 30, 2025; PROVIDING THAT THE TOTAL COMBINED CONTRACT AMOUNT FOR THE AGREEMENTS SHALL NOT EXCEED $18,500,000; AUTHORIZING THE MAYOR OR HIS DESIGNEE TO EXECUTE ALL DOCUMENTS NECESSARY TO EFFECTUATE THESE TRANSACTIONS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on July 13, 2020, City Council approved the award of three-year blanket purchase agreements, each with a two-year renewal option to the 42 vendors identified in the attached memorandum for automotive parts for the Fleet Management Department at a total combined contract amount not to exceed $10,500,000 for the initial term; and WHEREAS, on December 1, 2022, City Council approved an increase to the allocation to the agreements in the amount of $500,000; and WHEREAS, City Administration desires to exercise the two-year renewal option to the agreements to extend the term through September 30, 2025 and an increase the combined contract amount by $7,500,000 for the renewal term; and WHEREAS, the Procurement & Supply Management Department, in cooperation with the Fleet Management Department, recommends approval of this Resolution. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Petersburg, Florida that the two-year renewal option to the agreements with the 42 companies identified in the attached memorandum for automotive parts for the Fleet Management Department to extend the term and increase the combined contract amount by $7,500,000 for the renewal term through September 30, 2025 is hereby approved. 2 BE IT FURTHER RESOLVED that the total combined contract amount for the above referenced agreements shall not exceed $18,500,000. BE IT FURTHER RESOLVED that the Mayor or his designee is authorized to execute all documents necessary to effectuate these transactions. This Resolution shall become effective immediately upon its adoption. LEGAL: DEPARTMENT: ________________________ _________________________ 00683167 -- City of St. Petersburg Authorization Request -- General Authorization Request # 217058 Name:Pocengal, Nicholas W Request Date:25-MAY-2023 Status:APPROVED Authorization Request Subject:Auto Parts & Equipment, June 15 Council Message:Submitted for your approval, please find attached Consent Write-up for Auto Parts & Equipment, scheduled to go before City Council on June 15, 2023. Resolution currently in development and will be included on the finalized version when posted into City Clerk's Office Questys system. Should you have any questions, please contact me at extension 3387. Thank you. Supporting Documentation: Approval Request.pdf Approver Completed By Response Response Date Type 0 Pocengal, Nicholas W SUBMITTED 25-MAY-2023 1 Griffin, Christopher Michael Griffin, Christopher Michael APPROVE 25-MAY-2023 User Defined 2 Tankersley, Claude Duval Tankersley, Claude Duval APPROVE 26-MAY-2023 User Defined Hillsborough County Public Schools Page 1 of 5 Renewal Amendment: 20204-DST-KJ TRUCK, BUS AND VEHICLE PARTS HILLSBOROUGH COUNTY PUBLIC SCHOOLS THIRD RENEWAL AGREEMENT TO 20204-DST-KJ TRUCK, BUS AND VEHICLE PARTS This Renewal Agreement (“Renewal”), is entered into between Hillsborough County Public Schools (“HCPS”) and Fleet Products, (“Contractor”), each a “Party” and collectively the “Parties.” All capitalized terms used herein have the meanings assigned to them in the Agreement unless otherwise defined herein. WHEREAS, HCPS entered into the above-referenced Agreement with Contractor for the provisions of Truck, Bus and Vehicle Parts on March 10, 2021; and WHEREAS, pursuant to above-referenced Agreement, the Agreement may be amended by mutual agreement; and WHEREAS, the Parties agree to renew the Agreement. NOW, THEREFORE, in consideration of the mutual promises contained below, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree to the following: 1. Agreement Renewal. The Agreement is renewed for a period of one (1) year pursuant to the same terms and conditions, or as amended herein, and agree on the compensation to be received by Contractor for delivery of the commodities and contractual services to be performed shall be and read as stated in Attachment A: Renewal Terms with a new Agreement expiration date of March 9, 2025. 2. Additional Terms. a. Debarment. Contractor certifies, by submission and signature on this Renewal, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or involuntarily excluded from participation in this transaction per the provisions of § 287.133(2) (a), Florida Statutes, and pursuant to Executive Order 12549, Debarment and Suspension. b. Jessica Lunsford Act. Per §§ 1012.465 and 1012.467, Florida Statutes, the “Jessica Lunsford Act,” all contractors meeting any of the three (3) criteria, i) be at school when students are present, or ii) have direct contact with students, or iii) have access to or control of school funds, must be Level II fingerprinted and Florida Department of Law Enforcement (FDLE)/Federal Bureau of Investigations (FBI) screened by the HCPS Professional Standards Department. Those contractor’s employees must be in possession and display the statewide JLA badge and the HCPS yellow badge to access HCPS sites. Site personnel will deny access to any personnel violating this requirement. c. E-Verify. Per Section 448.095, Florida Statutes, all employers within the state shall use the U.S. Agency of Homeland Security’s E-Verify system, https://e-verify.uscis.gov/emp, to verify the employment eligibility of all employees hired during the term of this Amendment. Contractor shall also require all subcontractors performing work under this Amendment to use the E-Verify system for any employees they may hire during the term of this Renewal. Contractor must provide evidence of compliance with Section 448.095, Florida Statutes. Evidence may consist of, but not limited to, providing notice of Contractor’s E-Verify number. Failure to comply with this provision is a material breach of the Agreement and HCPS may choose to terminate the Agreement at its sole discretion. Contractor may be liable for all costs associated with HCPS securing the same services, inclusive, but not limited to, higher costs for the same services and rebidding costs (if necessary). 3. Compliance. Contractor shall comply with all applicable laws, ordinances, codes, and statutes of all local, state, or national governing bodies included within this section. Contractor shall comply with the regulations of Title VII of the Civil Rights Act of 1964, as amended, and the Florida Civil Rights Act of 1992, in which no person in the United States shall on the grounds of race, color, religion, sex, pregnancy, national origin, age, handicap, or marital status be excluded from participation in or be denied the proceeds of or be subject to discrimination in the performance of the Agreement. Hillsborough County Public Schools Page 2 of 5 Renewal Amendment: 20204-DST-KJ TRUCK, BUS AND VEHICLE PARTS 4. Governing Law. This Renewal shall be governed by and interpreted in accordance with the laws of the State of Florida. The parties agree that in the event that any suit or proceeding is brought in connection with this Renewal, such suit or proceeding shall be brought in the state or federal courts located in Hillsborough County, Florida, and the parties shall submit to the exclusive jurisdiction of such courts and waive any and all jurisdictional, venue, and inconvenient forum objections to such courts. Each party shall be responsible for its own attorneys’ fees and costs incurred because of any action or proceeding under the Agreement. 5. Counterparts. This Renewal may be executed in two or more counterparts, each of which together shall be deemed an original, but all of which together shall constitute one, and the same, instrument. If any signature is delivered by facsimile transmission or by e-mail delivery of a PDF formatted data file, such signature shall create a valid and binding obligation of the party executing (or on whose behalf such signature is executed) with the same force and effect as if such facsimile or PDF signature page were an original thereof. 6. Conflict. By accepting and executing this Renewal, Contractor certifies that, upon approval by HCPS of the Renewal award, Contractor shall operate in accordance with all applicable current program regulations except as expressly amended by the terms of this Renewal. To the extent any of the terms of this Renewal conflict with the terms of the Agreement, the terms of this Renewal shall control. 7. Warranty of Authority. Each person signing this Renewal warrants that they are duly authorized to do so and to bind the respective party. 8. Effect. Unless otherwise modified by this Renewal, all terms and conditions contained in the Agreement shall continue in full force and effect. [INTENTIONALLY BLANK. SIGNATURE PAGE FOLLOWS.] Hillsborough County Public Schools Page 3 of 5 Renewal Amendment: 20204-DST-KJ TRUCK, BUS AND VEHICLE PARTS IN WITNESS WHEREOF, the parties have duly executed this Amendment as of the date first above written. Fleet Products Hillsborough County Public Schools Stace Williams, President Nigel Burrell, Fleet Manager Transportation Services Date Date Corey A. Murphy, General Manager Procurement Services Date Nigel Burrell (Mar 29, 2024 17:30 EDT) Nigel Burrell Mar 29, 2024 John Stace Williams (Apr 1, 2024 09:01 EDT) John Stace Williams Apr 1, 2024 Apr 11, 2024 Hillsborough County Public Schools Page 4 of 5 Renewal Amendment: 20204-DST-KJ TRUCK, BUS AND VEHICLE PARTS ATTACHMENT A RENEWAL TERMS AND CONDITIONS Hillsborough County Public Schools Page 5 of 5 Renewal Amendment: 20204-DST-KJ TRUCK, BUS AND VEHICLE PARTS 2024-2025 Renewal 20204-DST-KJ Truck, Bus and Vehicle Parts-01 Fleet Products with increase Final Audit Report 2024-04-12 Created:2024-03-29 By:Lillian Garcia (lillian.garcia@hcps.net) Status:Signed Transaction ID:CBJCHBCAABAAnoMpwcshhOh4CjoXWXuFmUORhfnG7G1w "2024-2025 Renewal 20204-DST-KJ Truck, Bus and Vehicle Par ts-01 Fleet Products with increase" History Document created by Lillian Garcia (lillian.garcia@hcps.net) 2024-03-29 - 7:42:00 PM GMT Document emailed to swilliams@fleetproducts.com for signature 2024-03-29 - 7:42:55 PM GMT Document emailed to Nigel Burrell (nigel.burrell@hcps.net) for signature 2024-03-29 - 7:42:55 PM GMT Document emailed to Corey Murphy (corey.murphy@hcps.net) for signature 2024-03-29 - 7:42:55 PM GMT Email viewed by swilliams@fleetproducts.com 2024-03-29 - 8:51:17 PM GMT Email viewed by Nigel Burrell (nigel.burrell@hcps.net) 2024-03-29 - 9:30:33 PM GMT Document e-signed by Nigel Burrell (nigel.burrell@hcps.net) Signature Date: 2024-03-29 - 9:30:56 PM GMT - Time Source: server Signer swilliams@fleetproducts.com entered name at signing as John Stace Williams 2024-04-01 - 1:01:27 PM GMT Document e-signed by John Stace Williams (swilliams@fleetproducts.com) Signature Date: 2024-04-01 - 1:01:29 PM GMT - Time Source: server Email viewed by Corey Murphy (corey.murphy@hcps.net) 2024-04-12 - 0:12:14 AM GMT Document e-signed by Corey Murphy (corey.murphy@hcps.net) Signature Date: 2024-04-12 - 0:12:34 AM GMT - Time Source: server Agreement completed. 2024-04-12 - 0:12:34 AM GMT Hillsborough County Public Schools Page 1 of 5 Renewal Amendment: 20204-DST-KJ TRUCK, BUS AND VEHICLE PARTS HILLSBOROUGH COUNTY PUBLIC SCHOOLS THIRD RENEWAL AGREEMENT TO 20204-DST-KJ TRUCK, BUS AND VEHICLE PARTS This Renewal Agreement (“Renewal”), is entered into between Hillsborough County Public Schools (“HCPS”) and Sunstate International Trucks, (“Contractor”), each a “Party” and collectively the “Parties.” All capitalized terms used herein have the meanings assigned to them in the Agreement unless otherwise defined herein. WHEREAS, HCPS entered into the above-referenced Agreement with Contractor for the provisions of Truck, Bus and Vehicle Parts on March 10, 2021; and WHEREAS, pursuant to above-referenced Agreement, the Agreement may be amended by mutual agreement; and WHEREAS, the Parties agree to renew the Agreement. NOW, THEREFORE, in consideration of the mutual promises contained below, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree to the following: 1. Agreement Renewal. The Agreement is renewed for a period of one (1) year pursuant to the same terms and conditions, or as amended herein, and agree on the compensation to be received by Contractor for delivery of the commodities and contractual services to be performed shall be and read as stated in Attachment A: Renewal Terms with a new Agreement expiration date of March 9, 2025. 2. Additional Terms. a. Debarment. Contractor certifies, by submission and signature on this Renewal, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or involuntarily excluded from participation in this transaction per the provisions of § 287.133(2) (a), Florida Statutes, and pursuant to Executive Order 12549, Debarment and Suspension. b. Jessica Lunsford Act. Per §§ 1012.465 and 1012.467, Florida Statutes, the “Jessica Lunsford Act,” all contractors meeting any of the three (3) criteria, i) be at school when students are present, or ii) have direct contact with students, or iii) have access to or control of school funds, must be Level II fingerprinted and Florida Department of Law Enforcement (FDLE)/Federal Bureau of Investigations (FBI) screened by the HCPS Professional Standards Department. Those contractor’s employees must be in possession and display the statewide JLA badge and the HCPS yellow badge to access HCPS sites. Site personnel will deny access to any personnel violating this requirement. c. E-Verify. Per Section 448.095, Florida Statutes, all employers within the state shall use the U.S. Agency of Homeland Security’s E-Verify system, https://e-verify.uscis.gov/emp, to verify the employment eligibility of all employees hired during the term of this Amendment. Contractor shall also require all subcontractors performing work under this Amendment to use the E-Verify system for any employees they may hire during the term of this Renewal. Contractor must provide evidence of compliance with Section 448.095, Florida Statutes. Evidence may consist of, but not limited to, providing notice of Contractor’s E-Verify number. Failure to comply with this provision is a material breach of the Agreement and HCPS may choose to terminate the Agreement at its sole discretion. Contractor may be liable for all costs associated with HCPS securing the same services, inclusive, but not limited to, higher costs for the same services and rebidding costs (if necessary). 3. Compliance. Contractor shall comply with all applicable laws, ordinances, codes, and statutes of all local, state, or national governing bodies included within this section. Contractor shall comply with the regulations of Title VII of the Civil Rights Act of 1964, as amended, and the Florida Civil Rights Act of 1992, in which no person in the United States shall on the grounds of race, color, religion, sex, pregnancy, national origin, age, handicap, or marital status be excluded from participation in or be denied the proceeds of or be subject to discrimination in the performance of the Agreement. Hillsborough County Public Schools Page 2 of 5 Renewal Amendment: 20204-DST-KJ TRUCK, BUS AND VEHICLE PARTS 4. Governing Law. This Renewal shall be governed by and interpreted in accordance with the laws of the State of Florida. The parties agree that in the event that any suit or proceeding is brought in connection with this Renewal, such suit or proceeding shall be brought in the state or federal courts located in Hillsborough County, Florida, and the parties shall submit to the exclusive jurisdiction of such courts and waive any and all jurisdictional, venue, and inconvenient forum objections to such courts. Each party shall be responsible for its own attorneys’ fees and costs incurred because of any action or proceeding under the Agreement. 5. Counterparts. This Renewal may be executed in two or more counterparts, each of which together shall be deemed an original, but all of which together shall constitute one, and the same, instrument. If any signature is delivered by facsimile transmission or by e-mail delivery of a PDF formatted data file, such signature shall create a valid and binding obligation of the party executing (or on whose behalf such signature is executed) with the same force and effect as if such facsimile or PDF signature page were an original thereof. 6. Conflict. By accepting and executing this Renewal, Contractor certifies that, upon approval by HCPS of the Renewal award, Contractor shall operate in accordance with all applicable current program regulations except as expressly amended by the terms of this Renewal. To the extent any of the terms of this Renewal conflict with the terms of the Agreement, the terms of this Renewal shall control. 7. Warranty of Authority. Each person signing this Renewal warrants that they are duly authorized to do so and to bind the respective party. 8. Effect. Unless otherwise modified by this Renewal, all terms and conditions contained in the Agreement shall continue in full force and effect. [INTENTIONALLY BLANK. SIGNATURE PAGE FOLLOWS.] Hillsborough County Public Schools Page 3 of 5 Renewal Amendment: 20204-DST-KJ TRUCK, BUS AND VEHICLE PARTS IN WITNESS WHEREOF, the parties have duly executed this Amendment as of the date first above written. Sunstate International Trucks Hillsborough County Public Schools Matthew Belmore, Senior Director Parts Operations Nigel Burrell, Fleet Manager Transportation Services Date Date Corey A. Murphy, General Manager Procurement Services Date Nigel Burrell (Mar 29, 2024 17:29 EDT) Nigel Burrell Mar 29, 2024 Mar 29, 2024 Matt Belmore (Apr 1, 2024 07:47 EDT) Matt Belmore Apr 1, 2024 Hillsborough County Public Schools Page 4 of 5 Renewal Amendment: 20204-DST-KJ TRUCK, BUS AND VEHICLE PARTS ATTACHMENT A RENEWAL TERMS AND CONDITIONS Hillsborough County Public Schools Page 5 of 5 Renewal Amendment: 20204-DST-KJ TRUCK, BUS AND VEHICLE PARTS 2024-2025 Renewal 20204-DST-KJ Truck, Bus and Vehicle Parts-Sunstate International Trucks-with increase Final Audit Report 2024-04-01 Created:2024-03-29 By:Lillian Garcia (lillian.garcia@hcps.net) Status:Signed Transaction ID:CBJCHBCAABAAnwCPxWxiY1PHc_yH0z0vNByU9WVuOnfH "2024-2025 Renewal 20204-DST-KJ Truck, Bus and Vehicle Par ts-Sunstate International Trucks-with increase" History Document created by Lillian Garcia (lillian.garcia@hcps.net) 2024-03-29 - 8:05:04 PM GMT Document emailed to matthew.belmore@sunstateintl.com for signature 2024-03-29 - 8:05:55 PM GMT Document emailed to Nigel Burrell (nigel.burrell@hcps.net) for signature 2024-03-29 - 8:05:55 PM GMT Document emailed to Corey Murphy (corey.murphy@hcps.net) for signature 2024-03-29 - 8:05:55 PM GMT Email viewed by Nigel Burrell (nigel.burrell@hcps.net) 2024-03-29 - 9:29:23 PM GMT Document e-signed by Nigel Burrell (nigel.burrell@hcps.net) Signature Date: 2024-03-29 - 9:29:53 PM GMT - Time Source: server Email viewed by Corey Murphy (corey.murphy@hcps.net) 2024-03-30 - 0:57:06 AM GMT Document e-signed by Corey Murphy (corey.murphy@hcps.net) Signature Date: 2024-03-30 - 0:57:16 AM GMT - Time Source: server Email viewed by matthew.belmore@sunstateintl.com 2024-04-01 - 11:46:27 AM GMT Signer matthew.belmore@sunstateintl.com entered name at signing as Matt Belmore 2024-04-01 - 11:47:00 AM GMT Document e-signed by Matt Belmore (matthew.belmore@sunstateintl.com) Signature Date: 2024-04-01 - 11:47:02 AM GMT - Time Source: server Agreement completed. 2024-04-01 - 11:47:02 AM GMT Hillsborough County Public Schools Page 1 of 3 Renewal Amendment: 20204-DST-KJ TRUCK, BUS AND VEHICLE PARTS HILLSBOROUGH COUNTY PUBLIC SCHOOLS THIRD RENEWAL AGREEMENT TO 20204-DST-KJ TRUCK, BUS AND VEHICLE PARTS This Renewal Agreement (“Renewal”), is entered into between Hillsborough County Public Schools (“HCPS”) and Tampa Spring Company, (“Contractor”), each a “Party” and collectively the “Parties.” All capitalized terms used herein have the meanings assigned to them in the Agreement unless otherwise defined herein. WHEREAS, HCPS entered into the above-referenced Agreement with Contractor for the provisions of Truck, Bus and Vehicle Parts on March 10, 2021; and WHEREAS, pursuant to above-referenced Agreement, the Agreement may be amended by mutual agreement; and WHEREAS, the Parties agree to renew the Agreement. NOW, THEREFORE, in consideration of the mutual promises contained below, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree to the following: 1. Agreement Renewal. The Agreement is renewed for a period of one (1) year pursuant to the same terms and conditions, or as amended herein, and agree on the compensation to be received by Contractor for delivery of the commodities and contractual services to be performed shall remain unchanged with a new Agreement expiration date of March 9, 2025. 2. Additional Terms. a. Debarment. Contractor certifies, by submission and signature on this Renewal, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or involuntarily excluded from participation in this transaction per the provisions of § 287.133(2) (a), Florida Statutes, and pursuant to Executive Order 12549, Debarment and Suspension. b. Jessica Lunsford Act. Per §§ 1012.465 and 1012.467, Florida Statutes, the “Jessica Lunsford Act,” all contractors meeting any of the three (3) criteria, i) be at school when students are present, or ii) have direct contact with students, or iii) have access to or control of school funds, must be Level II fingerprinted and Florida Department of Law Enforcement (FDLE)/Federal Bureau of Investigations (FBI) screened by the HCPS Professional Standards Department. Those contractor’s employees must be in possession and display the statewide JLA badge and the HCPS yellow badge to access HCPS sites. Site personnel will deny access to any personnel violating this requirement. c. E-Verify. Per Section 448.095, Florida Statutes, all employers within the state shall use the U.S. Agency of Homeland Security’s E-Verify system, https://e-verify.uscis.gov/emp, to verify the employment eligibility of all employees hired during the term of this Amendment. Contractor shall also require all subcontractors performing work under this Amendment to use the E-Verify system for any employees they may hire during the term of this Renewal. Contractor must provide evidence of compliance with Section 448.095, Florida Statutes. Evidence may consist of, but not limited to, providing notice of Contractor’s E-Verify number. Failure to comply with this provision is a material breach of the Agreement and HCPS may choose to terminate the Agreement at its sole discretion. Contractor may be liable for all costs associated with HCPS securing the same services, inclusive, but not limited to, higher costs for the same services and rebidding costs (if necessary). 3. Compliance. Contractor shall comply with all applicable laws, ordinances, codes, and statutes of all local, state, or national governing bodies included within this section. Contractor shall comply with the regulations of Title VII of the Civil Rights Act of 1964, as amended, and the Florida Civil Rights Act of 1992, in which no person in the United States shall on the grounds of race, color, religion, sex, pregnancy, national origin, age, handicap, or marital status be excluded from participation in or be denied the proceeds of or be subject to discrimination in the performance of the Agreement. Hillsborough County Public Schools Page 2 of 3 Renewal Amendment: 20204-DST-KJ TRUCK, BUS AND VEHICLE PARTS 4. Governing Law. This Renewal shall be governed by and interpreted in accordance with the laws of the State of Florida. The parties agree that in the event that any suit or proceeding is brought in connection with this Renewal, such suit or proceeding shall be brought in the state or federal courts located in Hillsborough County, Florida, and the parties shall submit to the exclusive jurisdiction of such courts and waive any and all jurisdictional, venue, and inconvenient forum objections to such courts. Each party shall be responsible for its own attorneys’ fees and costs incurred because of any action or proceeding under the Agreement. 5. Counterparts. This Renewal may be executed in two or more counterparts, each of which together shall be deemed an original, but all of which together shall constitute one, and the same, instrument. If any signature is delivered by facsimile transmission or by e-mail delivery of a PDF formatted data file, such signature shall create a valid and binding obligation of the party executing (or on whose behalf such signature is executed) with the same force and effect as if such facsimile or PDF signature page were an original thereof. 6. Conflict. By accepting and executing this Renewal, Contractor certifies that, upon approval by HCPS of the Renewal award, Contractor shall operate in accordance with all applicable current program regulations except as expressly amended by the terms of this Renewal. To the extent any of the terms of this Renewal conflict with the terms of the Agreement, the terms of this Renewal shall control. 7. Warranty of Authority. Each person signing this Renewal warrants that they are duly authorized to do so and to bind the respective party. 8. Effect. Unless otherwise modified by this Renewal, all terms and conditions contained in the Agreement shall continue in full force and effect. [INTENTIONALLY BLANK. SIGNATURE PAGE FOLLOWS.] Hillsborough County Public Schools Page 3 of 3 Renewal Amendment: 20204-DST-KJ TRUCK, BUS AND VEHICLE PARTS IN WITNESS WHEREOF, the parties have duly executed this Amendment as of the date first above written. Tampa Spring Company Hillsborough County Public Schools John Messina, President Nigel Burrell, Fleet Manager Transportation Services Date Date Corey A. Murphy, General Manager Procurement Services Date Mar 9, 2024 JOHN MESSINA JR (Mar 9, 2024 09:49 EST) JOHN MESSINA JR Mar 9, 2024 Nigel Burrell (Mar 12, 2024 06:43 EDT) Nigel Burrell Mar 12, 2024 2024-2025 Renewal 20204-DST-KJ Truck, Bus and Vehicle Parts-Tampa Springs Final Audit Report 2024-03-12 Created:2024-03-08 By:Lillian Garcia (lillian.garcia@hcps.net) Status:Signed Transaction ID:CBJCHBCAABAA77-WjMtqod9FF0A1edeI-9d6_x94DbP6 "2024-2025 Renewal 20204-DST-KJ Truck, Bus and Vehicle Par ts-Tampa Springs" History Document created by Lillian Garcia (lillian.garcia@hcps.net) 2024-03-08 - 10:39:53 PM GMT Document emailed to jmessina@tampaspringco.com for signature 2024-03-08 - 10:40:27 PM GMT Document emailed to Nigel Burrell (nigel.burrell@hcps.net) for signature 2024-03-08 - 10:40:27 PM GMT Document emailed to Corey Murphy (corey.murphy@hcps.net) for signature 2024-03-08 - 10:40:27 PM GMT Email viewed by Corey Murphy (corey.murphy@hcps.net) 2024-03-09 - 1:03:52 PM GMT Document e-signed by Corey Murphy (corey.murphy@hcps.net) Signature Date: 2024-03-09 - 1:04:04 PM GMT - Time Source: server Email viewed by jmessina@tampaspringco.com 2024-03-09 - 2:48:16 PM GMT Signer jmessina@tampaspringco.com entered name at signing as JOHN MESSINA JR 2024-03-09 - 2:49:20 PM GMT Document e-signed by JOHN MESSINA JR (jmessina@tampaspringco.com) Signature Date: 2024-03-09 - 2:49:22 PM GMT - Time Source: server Email viewed by Nigel Burrell (nigel.burrell@hcps.net) 2024-03-12 - 10:42:31 AM GMT Document e-signed by Nigel Burrell (nigel.burrell@hcps.net) Signature Date: 2024-03-12 - 10:43:08 AM GMT - Time Source: server Agreement completed. 2024-03-12 - 10:43:08 AM GMT October 12, 2023 City of Clearwater Yvette Clanton Contract & Procurement Specialist 1900 Grand Avenue Clearwater FL 33765 Dear Yvette, This letter is to inform you that we are the sole source manufacturer and supplier of the Load and Pack system refuse vehicle, 9.5 CU dump box and parts. We provide these systems to the major parks, trail systems and beaches throughout the USA. The biggest sales features of the vehicle are it can pick up speed, labor savings and reduction on major work comp. claims. This unique vehicle is a one-man unit that is second to none and evolves from improvements and updates on a continuous basis. The standard life of a unit is 7-9 years depending on maintenance and environment. Your pay back is normally 2 ½ years or less depending on your current system in use and care of the machine. Thank you for your continued interest in Broyhill vehicles and products. Please check our website for a full line up of our equipment at www.broyhill.com. Sincerely, Tammy D Steemken Tammy D. Steemken Senior V.P. Operations 1300 W. Bartlett Road ▪ Elgin, IL 60120 ▪ p. (847)741-5370 ▪ f. (847)742-3035 ▪ www.elginsweeper.com De October 18, 2023 City of Clearwater Ms. Moore:, Thank you and everyone involved within the City for your interest in Elgin street sweepers. Environmental Products Group is the sole source for Elgin equipment, parts and service in the State of Florida east of the Apalachicola River. Environmental Products Group is the only factory authorized sales and service center for Elgin products, parts and service in this area. This statement is submitted on behalf of Federal Signal Corporation, Elgin Sweeper Company and Environmental Products Group. If you have any questions or concerns regarding this matter, please do not hesitate to call me. Sincerely, Richard Murray Regional Sales Manager Elgin Sweeper Company (630)-659-5673 rmurray@fsepg.com October 16, 2023 Yvette Clanton City of Clearwater 1900 Grand Avenue Clearwater, FL 33765 Re: SURF RAKE Beach Cleaners and Parts Dear Ms. Clanton, H. Barber & Sons, Inc. is the manufacturer of the Barber SURF RAKE line of beach cleaners. This letter certifies and confirms that H. Barber & Sons, Inc. is the sole source and exclusive distributor for the Barber SURF RAKE equipment, parts and service in the state of Florida. Please contact H. Barber & Sons, Inc. at (800) 355-8318 or (203) 729-9000 if there are any questions or additional information desired. Thank you. Sincerely, John Barber President PIERCE MANUFACTURING INC. AN OSHKOSH CORPORATION COMPANY • ISO 9001 CERTIFIED 2600 AMERICAN DRIVE POST OFFICE BOX 2017 APPLETON, WISCONSIN 54912-2017 920-832-3000 • FAX 920-832-3208 www.piercemfg.com January 13, 2023 RE: Sole Source To whom it may concern: To provide you with the personalized level of sales, service, and warranty you deserve, Pierce has established a network of authorized dealers throughout the country. Ten-8 Fire & Safety, LLC. is the exclusive dealer for the sale, service, parts, and warranty of custom and commercial fire apparatus manufactured by Pierce in the states of Florida and Georgia. Ten-8 Fire & Safety, LLC. is extremely qualified to provide you with the support you have come to expect from Pierce and has service and warranty facilities located in both states they serve. Please contact Ten-8 Fire & Safety, LLC. direct for sales and service support or visit their website for more information at www.ten8fire.com. Sincerely, Charley Hopp Manager – Contracts and Sales Support Pierce Manufacturing Inc. PIERCE MANUFACTURING INC. AN OSHKOSH CORPORATION COMPANY • ISO 9001 CERTIFIED 2600 AMERICAN DRIVE POST OFFICE BOX 2017 APPLETON, WISCONSIN 54912-2017 920-832-3000 • FAX 920-832-3208 www.piercemfg.com January 13, 2023 RE: Sole Source To whom it may concern: To provide you with the personalized level of sales, service, and warranty you deserve, Pierce has established a network of authorized dealers throughout the country. Ten-8 Fire & Safety, LLC. is the exclusive dealer for the sale, service, parts, and warranty of custom and commercial fire apparatus manufactured by Pierce in the states of Florida and Georgia. Ten-8 Fire & Safety, LLC. is extremely qualified to provide you with the support you have come to expect from Pierce and has service and warranty facilities located in both states they serve. Please contact Ten-8 Fire & Safety, LLC. direct for sales and service support or visit their website for more information at www.ten8fire.com. Sincerely, Charley Hopp Manager – Contracts and Sales Support Pierce Manufacturing Inc. The Toro Company 8111 Lyndale Avenue South, Bloomington, Minnesota 55420-1196 ▪Phone 952-888-8801 ▪ www.thetorocompany.com ▪ Fax 952/887-8258 June 24, 2024 City of Clearwater1900 Grand Ave.Clearwater, FL 33758 To Whom it May Concern: This letter is to inform you that Wesco Turf at 2101 Cantu Court, Sarasota, FL 34232 is the sole source for Toro commercial turf equipment and parts and Toro golf course irrigation products for your geographic area. If you have any questions regarding this, please contact me. Sincerely, Scott Papania, CSE District Sales Manager The Toro Company Commercial Products Division Scott.papania@toro.com 11/7/23, 2:28 PM City of Clearwater - File #: ID#23-1309 https://clearwater.legistar.com/LegislationDetail.aspx?ID=6391243&GUID=09591BED-8E04-4D9F-8B2D-36008863F4F5 1/3 File #:ID#23-1309 Version: 1 Name: Authorize purchase orders to multiple vendors for the purchase of vehicle parts for heavy and light duty city vehicles and equipment in the not-to-exceed amount of $2,200,000.00 for term October 1, 2023 through September 30, 2024 pursuant to Clearwater Co Type:Action Item Status:Consent Agenda File created:10/16/2023 In control:Solid Waste/General Services On agenda:11/2/2023 Final action: Title: Authorize purchase orders to multiple vendors for the purchase of vehicle parts for heavy and light duty city vehicles and equipment in the not-to-exceed amount of $1,700,000.00 for term October 1, 2023 through September 30, 2024 pursuant to Clearwater Code of Ordinances Section 2.563(1)(a) Single source, Section 2.563 (1)(b) Micro purchases, and Section 2.563 (1)(c) Piggyback and authorize the appropriate officials to execute same. (consent) Attachments: 1. Parts Vendor Listing 23-24 rev1pdf, 2. 7522_SUPPLIER_US (1) (1), 3. 060.00 Automotive Parts and Equipment July 9, 2020 - Consent Agenda (Final), 4. HCS_ITB, 5. Hillsborough Cty Renewal 23/24, 6. MowerMax Sole Source, 7. Broyhill Sole Source Letter 10.12.2023, 8. Ten-8 (1), 9. Barber SS, 10. Cummins Sole Source updated fy24, 11. Sole source Clearwater Elgin, 12. Wesco Turf Sole Source Letter, 13. Environmental Products Group Inc Services only, 14. Fleet Products Pricing, 15. Fleet Products Pricing 1, 16. Fleet Products Sample Pricing 3, 17. Bay Area Truck Sales Inc dba Kenworth of Central Florida, 18. Rush Truck Centers of Florida Inc Parts and Service, 19. TPH Pricing 1, 20. TPH Acquisition LLLP dba The Parts House, 21. TPH Sample Pricing 3, 22. Walker Ford Co Inc, 23. Walker Ford Co Inc Parts and Service, 24. Walker Ford Bid pages SUBJECT/RECOMMENDATION: Title Authorize purchase orders to multiple vendors for the purchase of vehicle parts for heavy and light duty city vehicles and equipment in the not-to- exceed amount of $1,700,000.00 for term October 1, 2023 through September 30, 2024 pursuant to Clearwater Code of Ordinances Section 2.563(1)(a) Single source, Section 2.563 (1)(b) Micro purchases, and Section 2.563 (1)(c) Piggyback and authorize the appropriate officials to execute same. (consent) Body Lori Vogel | My Account | Help Center | Sign Out Home Legislation Calendar City Council Departments People Archived Meetings Details Reports History (1)Text 11/7/23, 2:28 PM City of Clearwater - File #: ID#23-1309 https://clearwater.legistar.com/LegislationDetail.aspx?ID=6391243&GUID=09591BED-8E04-4D9F-8B2D-36008863F4F5 2/3 SUMMARY: The Fleet Division is requesting authorization to purchase vehicle parts from various vendors for heavy and light duty city vehicles and equipment. Vendors are as follows: Agility Fuel Systems; Altec Industries Inc; Amazon; American CNG; Atmax (Mowermax); Autoway Parts Center; Bay Area Auto Truck Sales dba Kenworth of Central Florida; Bill Curie Ford; Bobcat (Mascap Dealer Holdings LLC); Broyhill; Chic-1 AC Plus; Container Systems; Cookson Enterprises; Cummins; Cycle Springs / Team Savage; Dayton Andrews; DHS; Dimmitt; E & N Distributing; EFE Inc dba Everglades Farm Equipment; Embankscape Equipment LLC; Environmental Products Group INC; Equipmentshare.com Inc; Fleet Asquisitions LLC dba Fleet Products; Fleet Pride; Genuine Parts CO - NAPA; Grainger; H Barber; Kussmaul; Maher Chevrolet; McNeilus Financial LLC; Mynatt Truck & Equipment; Onesource Parts LLC; Original Equipment Company; Pats Pump and Blower; PB Parent HoldCo, LP; RDK Assets; Ring Power Corporation; Rush Truck; Smith Equipment; Southern Sewer Equipment Sales; Southport Truck; Stewart & Stevenson FDDA LLC; Sun State International Trucks LLC; Tampa Crane & Body Acquisition LLC; Tampa Spring Company; Ten-8; TPH Acquisition LLLP (The Parts House); Vermeer Southeast Sales & Service Inc; Walker Ford; Wastebuilt; Wesco. Request to add additional vendors as needed is also requested following the proper procurement process. Purchases will be obtained through various methods to include single source, micro purchases, small dollar purchases and piggyback contracts. The list of vendors with their procurement method is attached. Piggyback contracts include City of St. Petersburg RFP No. 7522, Automotive Parts valid through September 30, 2025, and Hillsborough County Contract 20204-DST-KJ valid thru March 9, 2024, with two additional one year renewals. Authorization is requested to add additional piggyback contracts as needed throughout the year which will be vetted through the Procurement Division. Pricing for piggyback contracts is included for all Vendors with an expected annual expenditure exceeding $50,000. Additional pricing is available upon request for all Vendors expected not to exceed $50,000 annually. Single source vendors are Atmax (Mowermax), Broyhill, Cummins, Environmental Products Group INC, H Barber, Ten-8, and Wesco. Single source is being requested because the parts for the heavy and light duty city vehicles and equipment can only be obtained directly from that manufacturer or authorized representative. For instance, Cummins parts can only be obtained from Cummins Inc., MowerMax parts can only be obtained from the manufacturer Atmax, and so forth. In addition, the Fleet Division is requesting approval to engage additional vendors as needed in accordance to Code Section 2.561(5) with the Procurement Division providing oversite. Competitive quotes will be obtained and no one vendor will exceed $50,000 in a fiscal year. APPROPRIATION CODE AND AMOUNT: Funds are available in cost code 5666611-550600, vehicle parts, to fund these purchases. STRATEGIC PRIORITY: These purchases help accomplish strategic objective 1.2. Fleet division operators maintain public infrastructure to deliver effective and efficient services by optimizing City assets and resources. 11/7/23, 2:28 PM City of Clearwater - File #: ID#23-1309 https://clearwater.legistar.com/LegislationDetail.aspx?ID=6391243&GUID=09591BED-8E04-4D9F-8B2D-36008863F4F5 3/3 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#24-0987 Agenda Date: 9/4/2024 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: General Services Agenda Number: 6.15 SUBJECT/RECOMMENDATION: Authorize a purchase order to multiple vendors as listed, for various roof repairs and replacements, in the cumulative annual not-to-exceed amount of $1,000,000.00 for term October 1, 2024 through September 30, 2025, with the option for four, one-year renewals through the duration of the respective piggyback contract or through the end of September 2029, pursuant to Clearwater Code of Ordinances Section 2.563(1)(c), Piggyback, and authorize the appropriate officials to execute same. (consent) SUMMARY Building & Maintenance’s (B&M) roofing repairs and replacements have been procured by piggybacking other government entities’ contracts. Staff is requesting the ability to piggyback existing contracts for Advance Roofing Inc., Garland/DBS Inc. and Quality Roofing Inc. for various roofing projects throughout the city for the duration of their respective term of contract or through the end of FY2029. This will allow B&M to benefit from pre-negotiated prices for various items required. Piggyback Contracts: Advanced Roofing, Inc. of Ft. Lauderdale FL - City of Sunrise Contract #19-17-12-HR Roofing Maintenance & Repairs valid through May 31, 2025. Garland/DBS, Inc. of Cleveland, OH - Omnia Contract PW1925 (Racine County Wisconsin) for Roofing Supplies and Services, Waterproofing, and Related Products and Services valid through October 14, 2029. Quality Roofing Inc. of Tampa FL - City of Tampa Contract #23-P-00386, Roofing Services valid through June 29, 2025. Authorization is requested to add additional piggyback contracts as needed throughout the year(s) which will be vetted through the Procurement Division. Flexibility is requested to allow for expenditure of budgeted funds as needed throughout the year(s), in accordance with the intent of this general authorization. APPROPRIATION CODE AND AMOUNT: Funds are available in General Services operating cost code 5656531-530300, Contractual Services, for city-wide maintenance/repair; capital project GSBM180003, Roofing Repair & Replacement, for roof replacements at “General Government” facilities; and in various capital improvement projects based upon location. The General Services Fund is an internal service fund of the City which supports city-wide building maintenance. Capital project GSBM180003 is funded by General Fund revenues and other capital projects to be used are funded with their respective Utility and Enterprise Fund revenues based on facility ownership. STRATEGIC PRIORITY: These services help accomplish Strategic Plan Objectives 1.1, maintaining municipal performance, and promoting accountable governance; 1.2, maintaining public infrastructure; 1.3, identify resources required to sustain level of service 3.2, proactive code compliance, and targeted revitalization. Page 1 City of Clearwater Printed on 9/3/2024 10770 West Oakland Park Boulevard, Sunrise, FL 33351 FINANCE & ADMIN. SERVICES DEPARTMENT Purchasing Division Phone: 954-572-2274 Fax: 954-578-4809 May 24, 2019 Sent Via Email michaelk@advancedroofing.com Mr. Robert P. Kornahrens Advanced Roofing, Inc. 19520 NW 22nd Street Ft Lauderdale, FL 33311 Phone # 954-522-6868 (Emergency Phone # 305-720-0733) Vendor No. 438 Tyler-Munis Contract No. 2019000166 Subject: Award– Bid Title: Roofing Maintenance and Repairs Bid No. 19-17-12-HR Mr. Kornahrens, I would like to inform you that the City of Sunrise Commission awarded the above referenced bid for Roofing Maintenance and Repairs on May 14, 2019. Please be advised that your firm was awarded the above referenced bid. Please see the attached documentation that provides a more detailed breakdown. The contract period shall be for three years, June 1, 2019 through May 31, 2022 with three (3) additional one (1) year renewals thereafter providing all terms and conditions remain the same. If I can be of further assistance, please do not hesitate to contact me at 954-572-2202. Best Regards, Holly Raphaelson, MBA, C.P.M., CPPO, CPSM Contracts Administrator cc: Ania Krumenacker, Administrative Officer II, Utilities Attachment: Schedule “A” (24 pages) FINANCE & ADMIN. SERVICES DEPARTMENT Purchasing Division Phone: 954-572-2274 Fax: 954-578-4809 March 22, 2024 Sent Via Email robk@advancedroofing.com Mr. Robert P. Kornahrens Advanced Roofing, Inc. 19520 NW 22nd Street Ft Lauderdale, FL 33311 Phone # 954-522-6868 (Emergency Phone # 954-649-8165) Vendor No. 438 Tyler-Munis Contract No. 2019000166 Subject: Third Renewal with CPI-U Adjustment – Bid No. 19-17-12-HR Bid Title: Roofing Maintenance and Repairs Mr. Kornahrens, The above referenced Contract will expire on May 31, 2024. Pursuant to the Solicitation documents, the City reserves the right to renew the Contract for three (3) additional, one (1) year periods under the same specifications. A price adjustment is allowed at the time of renewal, in accordance with the annual CPI-U (the CPI-U from February 2023 to February 2024 is 3.1%), we accept your requested 3.1% increase. The City is utilizing the third and final renewal option for the period June 1, 2024 through May 31, 2025. Please see the attached documentation that provides a more detailed breakdown per line item. Please sign, date and return this acknowledgement along with a current certificate of insurance and email to hraphaelson@sunrisefl.gov or fax to number 954-578-4809. Best Regards, Holly Raphaelson, MBA, C.P.M., CPPO, CPSM, NIGP-CPP Procurement Specialist We hereby acknowledge that the above contract is renewed for one year. Signature: Date: Robert P. Kornahrens Attachment: Schedule “A” (6 pages) 10770 West Oakland Park Boulevard, Sunrise, FL 33351 PROJECT COST SHEET CONTRACTOR: Advanced Roofing Third Renewal 3.1% Increase Qty Pay Item No.Description Unit Price ITEM 1 ITEM 1-A Prior to Contractor beginning any other work at the site, Contractor shall remove the asbestos containing material using a licensed asbestos abatement Contractor. Removal shall be in accordance with the asbestos test laboratory survey report recommendations provided by the City. This allowance is to reimburse the Contractor for the actual cost incurred from asbestos abatement and it does not include any incidental costs. The proposed cost for asbestos abatement shall be approved prior to performing the work. A copy of the receipt is required for payment. 1 -$ ITEM 1-B ALLOWANCE for Permits. Contractor markup and overhead is disallwoed. Payment shall be based on actual bona fide receipts 1 3,794.41$ ITEM 2 Furnish all materials, labor, and equipment for exisitng roof tear-off, including existing insulation board, down to substrate. This item also includes all disposal costs. ITEM 2-A Small Roof Repair Areas -0 S.F-500 S.F S.F 5.93$ ITEM 2-B Medium Roof Repair/Replacement Areas -501 S.F-10,000 S.F S.F 4.74$ ITEM 2-B Large Roof Repair/Replacement Areas -Over 10,001 S.F S.F 3.56$ ITEM 3 Furnish all materials, labor, and equipment to install approved isotherm or polyisocyanurate rigid insulation board tapered, based on 1½ inches thickness, fully attached to substrate. A)MOPPED IN: ITEM 3A-A Small Roof Repair Areas -0 S.F-500 S.F S.F 4.74$ ITEM 3A-B Medium Roof Repair/Replacement Areas -501 S.F-10,000 S.F S.F 4.15$ ITEM 3A-C Large Roof Repair/Replacement Areas -Over 10,001 S.F S.F 2.96$ B)MECHANICALLY ATTACHED ITEM 3B-A Small Roof Repair Areas -0 S.F-500 S.F S.F 5.93$ ITEM 3B-B Medium Roof Repair/Replacement Areas -501 S.F-10,000 S.F S.F 4.15$ ITEM 3B-B Large Roof Repair/Replacement Areas -Over 10,001 S.F S.F 2.96$ ITEM 4 Furnish all materials, labor, and equipment to install 4 ply modified bitumen system, with 2-ply base flashing, anchor sheet, with vent sheet, without insulation. ITEM 4-A Small Roof Repair Areas -0 S.F-500 S.F 10.67$ ITEM 4-B Medium Roof Repair/Replacement Areas -501 S.F-10,000 S.F S.F 4.74$ ITEM 4-C Large Roof Repair/Replacement Areas -Over 10,001 S.F S.F 2.96$ ITEM 5 Furnish all materials, labor, and equipment to install 4 ply modified bitumen system, with 2-ply base flashing, anchor sheet, without vent sheet (uninsulated applications). A)MOPPED IN: ITEM 5A-A Small Roof Repair Areas -0 S.F-500 S.F S.F 8.30$ ITEM 5A-B Medium Roof Repair/Replacement Areas -501 S.F-10,000 S.F S.F 4.74$ ITEM 5A-C Large Roof Repair/Replacement Areas -Over 10,001 S.F S.F 2.37$ B)MECHANICALLY ATTACHED ITEM 5B-A Small Roof Repair Areas -0 S.F-500 S.F S.F 9.49$ ITEM 5B-B Medium Roof Repair/Replacement Areas -501 S.F-10,000 S.F S.F 5.93$ ITEM 5B-C Large Roof Repair/Replacement Areas -Over 10,001 S.F S.F 3.56$ C)TORCHED DOWN ATTACHED: ITEM 5C-A Small Roof Repair Areas -0 S.F-500 S.F S.F 14.23$ ITEM 5C-B Medium Roof Repair/Replacement Areas -501 S.F-10,000 S.F S.F 4.74$ ITEM 5C-C Large Roof Repair/Replacement Areas -Over 10,001 S.F S.F 2.96$ D)ALUMINIUM ROOF COATING(FOR REFLECTIVITY FOR BLACK ROOF SYSTEMS(SRI 68 MIN.): (Such as 'apoch" premium rubberized aluminium roof coating) ITEM 5D-A Small Roof Repair Areas -0 S.F-500 S.F S.F 9.49$ ITEM 5D-B Medium Roof Repair/Replacement Areas -501 S.F-10,000 S.F S.F 4.45$ ITEM 5D-C Large Roof Repair/Replacement Areas -Over 10,001 S.F S.F 2.96$ ITEM 6 Furnish all materials, labor, and equipment to install approved cants, 1½ inches thickness by 3½ inches wide. ITEM 6-A Small Roof Repair Areas -0 S.F-500 S.F L.F 5.93$ ITEM 6-B Medium Roof Repair/Replacement Areas -501 S.F-10,000 S.F L.F 1.19$ ITEM 6-C Large Roof Repair/Replacement Areas -Over 10,001 S.F L.F 0.59$ ITEM 7 Furnish all materials, labor, and equipment to install flexible, non-metallic flashings, 18 inches wide. ITEM 7-A Small Roof Repair Areas -0 S.F-500 S.F L.F 23.72$ ITEM 7-B Medium Roof Repair/Replacement Areas -501 S.F-10,000 S.F L.F 23.72$ ITEM 7-C Large Roof Repair/Replacement Areas -Over 10,001 S.F L.F 17.79$ ITEM 8 Furnish all materials, labor, and equipment to install built- up roof repair/replacement, including pea gravel protection. ITEM 8-A Small Roof Repair Areas -0 S.F-500 S.F S.F 11.86$ ITEM 8-B Medium Roof Repair/Replacement Areas -501 S.F-10,000 S.F S.F 2.37$ City of Sunrise Bid No. 19-17-12-HR SCHEDULE "A" Qty Pay Item No.Description Unit Price ITEM 9 Furnish all materials, labor, and equipment to install built-up roof pea gravel. ITEM 9-A Small Roof Repair Areas -0 S.F-500 S.F S.F 11.86$ ITEM 9-B Medium Roof Repair/Replacement Areas -501 S.F-10,000 S.F S.F 3.56$ ITEM 10 Furnish all materials, labor, and equipment to install wall sheet metal flashing, 24-gauge stainless steel, 8 inches wide. ITEM 10-A Small Roof Repair Areas -0 S.F-500 S.F L.F 14.23$ ITEM 10-B Medium Roof Repair/Replacement Areas -501 S.F-10,000 S.F L.F 11.86$ ITEM 10-C Large Roof Repair/Replacement Areas -Over 10,001 S.F L.F 10.08$ ITEM 11 Furnish all materials, labor and equipment to install continuous 4-inches metal drip edge A)24 Gauge Galvanized Steel ITEM 11A-A Small Roof Repair Areas -0 S.F-500 S.F L.F 21.34$ ITEM 11A-B Medium Roof Repair/Replacement Areas -501 S.F-10,000 S.F L.F 17.79$ ITEM 11A-C Large Roof Repair/Replacement Areas -Over 10,001 S.F L.F 11.86$ B)24 Gauge Stainless Steel ITEM 11B-A Small Roof Repair Areas -0 S.F-500 S.F L.F 22.53$ ITEM 11B-B Medium Roof Repair/Replacement Areas -501 S.F-10,000 S.F L.F 18.97$ ITEM 11B0C Large Roof Repair/Replacement Areas -Over 10,001 S.F L.F 13.04$ C)Copper ITEM 11C-A Small Roof Repair Areas -0 S.F-500 S.F L.F 22.53$ ITEM 11C-B Medium Roof Repair/Replacement Areas -501 S.F-10,000 S.F L.F 18.97$ ITEM 11C-C Large Roof Repair/Replacement Areas -Over 10,001 S.F L.F 13.04$ D)Aluminum ITEM 11D-A Small Roof Repair Areas -0 S.F-500 S.F L.F 22.53$ ITEM 11D-B Medium Roof Repair/Replacement Areas -501 S.F-10,000 S.F L.F 18.97$ ITEM 11D-C Large Roof Repair/Replacement Areas -Over 10,001 S.F L.F 13.04$ ITEM 12 Furnish all materials, labor and equipment to install wall counter flashing 24-gauge stainless steel, surface mounted with springs lock reglet and 24-gauge stainless steel flashing, 6 inches vertical. ITEM 12-A Small Roof Repair Areas -0 S.F-500 S.F L.F 23.72$ ITEM 12-B Medium Roof Repair/Replacement Areas -501 S.F-10,000 S.F L.F 21.34$ ITEM 12-C Large Roof Repair/Replacement Areas -Over 10,001 S.F L.F 17.79$ ITEM 13 Furnish all material, labor and equipment to install metal coping cap, snap-lok system, 8-inches wide. A)24 Gauge Galvanized Steel ITEM 13A-A Small Roof Repair Areas -0 S.F-500 S.F L.F 24.90$ ITEM 13A-B Medium Roof Repair/Replacement Areas -501 S.F-10,000 S.F L.F 22.53$ ITEM 13A-C Large Roof Repair/Replacement Areas -Over 10,001 S.F L.F 18.97$ B)24 Gauge Stainless Steel ITEM 13B-A Small Roof Repair Areas -0 S.F-500 S.F L.F 26.09$ ITEM 13B-B Medium Roof Repair/Replacement Areas -501 S.F-10,000 S.F L.F 23.72$ ITEM 13B-C Large Roof Repair/Replacement Areas -Over 10,001 S.F L.F 20.16$ C)Aluminum with Kynar Finish ITEM 13C-A Small Roof Repair Areas -0 S.F-500 S.F L.F 26.09$ ITEM 13C-B Medium Roof Repair/Replacement Areas -501 S.F-10,000 S.F L.F 23.72$ ITEM 13C-C Large Roof Repair/Replacement Areas -Over 10,001 S.F L.F 20.16$ ITEM 14 Furnish all materials, labor and equipment to install pipe mounting pedestals(4), with equipment rail(3 feet x3 feet), and flashing, 18 inches high.EA.889.31$ ITEM 15 Furnish all materials, labor and equipment to install pitch pocket, for 6-inch diameter vertical element.EA.207.51$ ITEM 16 Furnish all materials, labor and equipment to install pipe or duct mountin roof pedestal, 18 gauge galvanised steel complete with flashing, 12 inches high.EA.326.08$ ITEM 17 Furnish all materials, labor, and equipment to install roof penetration flashings, stainless steel 26 GA., with sealant cover, for vertical 6-inch diameter element, 9 inches high, umbrella type. EA.237.15$ ITEM 18 Furnish all materials, labor, and equipment to install 12 inches high, 3 feet wide x 3 feet long, roof equipment support curbs, 1½ inches thick 3 lbs., rigid insulation, 18 GA., Galvanized steel shell, base plate and fully mitered 3 inches cant. EA.533.59$ ITEM 19 Furnish all materials, labor, and equipment to install rubber boot flashings for vertical round penetrations, typically vent stacks, 4-6 inches diameter, 8 inches high, complete with stainless steel clamps. EA.88.93$ ITEM 20 Furnish all materials, labor, and equipment to install 6-inch roof drains, standard dura-coated cast iron, steel inserts with strainer, and clamps (by Zurn, or City approved equal).EA.1,422.90$ ITEM 21 Furnish all materials, labor, and equipment to install expansion joint cover, without blocking. ITEM 21-A Small Roof Repair Areas -0 S.F-500 S.F L.F 35.57$ ITEM 21-B Medium Roof Repair/Replacement Areas -501 S.F-10,000 S.F L.F 29.64$ ITEM 21-C Large Roof Repair/Replacement Areas -Over 10,001 S.F L.F 23.72$ ITEM 22 Furnish all materials, labor, and equipment to install plumbing vent flashing, lead sleeve and coupling, installed 4-inch pipe EA.88.93$ ITEM 23 Furnish all materials, labor, and equipment to install 8 inches high x 16 inches wide metal scupper, (4) sided with integral drip strip and surface reglet flashing. ITEM 23-A 24 Gauge Galvanized Steel EA.177.86$ Qty Pay Item No. Description Unit Price ITEM 23-B 24 Gauge Stainless Steel EA.355.73$ ITEM 24 Furnish all materials, labor, and equipment to install 6-inch diameter leader. A)24 Gauge Galvanized Steel ITEM 24A-A Small Roof Repair Areas -0 S.F-500 S.F L.F 14.23$ ITEM 24A-B Medium Roof Repair/Replacement Areas -501 S.F-10,000 S.F L.F 11.86$ ITEM 24A-C Large Roof Repair/Replacement Areas -Over 10,001 S.F L.F 11.86$ B)24 Gauge Stainless Steel ITEM 24B-A Small Roof Repair Areas -0 S.F-500 S.F L.F 23.72$ ITEM 24B-B Medium Roof Repair/Replacement Areas -501 S.F-10,000 S.F L.F 17.79$ ITEM 24B-C Large Roof Repair/Replacement Areas -Over 10,001 S.F L.F 17.79$ C)Anodized Aluminum ITEM 24C-A Small Roof Repair Areas -0 S.F-500 S.F L.F 21.34$ ITEM 24C-B Medium Roof Repair/Replacement Areas -501 S.F-10,000 S.F L.F 15.41$ ITEM 24C-C Large Roof Repair/Replacement Areas -Over 10,001 S.F L.F 15.41$ ITEM 25 Furnish all materials, labor, and equipment to install continuous 4-inch-wide metal gutter system A)24 Gauge Galvanized Steel ITEM 25A-A Small Roof Repair Areas -0 S.F-500 S.F L.F 5.93$ ITEM 25A-B Medium Roof Repair/Replacement Areas -501 S.F-10,000 S.F L.F 5.93$ ITEM 25A-C Large Roof Repair/Replacement Areas -Over 10,001 S.F L.F 5.93$ B)24 Gauge Stainless Steel ITEM 25B-A Small Roof Repair Areas -0 S.F-500 S.F L.F 23.72$ ITEM 25B-B Medium Roof Repair/Replacement Areas -501 S.F-10,000 S.F L.F 14.23$ ITEM 25B-C Large Roof Repair/Replacement Areas -Over 10,001 S.F L.F 14.23$ C)Anodized Aluminum ITEM 25C-A Small Roof Repair Areas -0 S.F-500 S.F L.F 21.34$ ITEM 25C-B Medium Roof Repair/Replacement Areas -501 S.F-10,000 S.F L.F 11.86$ ITEM 25C-C Large Roof Repair/Replacement Areas -Over 10,001 S.F L.F 11.86$ ITEM 26 The following time costs are for emergency work only as authorized by the City of Sunrise: ITEM 26-A Supervisor (Labor price should be included in your bid for items indicated) Regular Rate HR.59.29$ Overtime Rate HR.59.29$ ITEM 26-B Journeyman (Labor price should be included in your bid for items indicated) Regular Rate HR.88.93$ Overtime Rate HR.88.93$ ITEM 26-C Roofer's Helper (Labor price should be included in your bid for items indicated) Regular Rate HR.65.22$ Overtime Rate HR.65.22$ ITEM 27 Furnish all matertals, labor, and equipment to install 60 Mil, Type II, fabric reinforced Uniform EPDM with a Class 'A' Rating. The membrane is to be mechanically fastened through the metal deck system (approved warranty method as manufactured by 'Carlisle Syntec' for existing warrantied system. ITEM 27-A Small Roof Repair Areas -0 S.F-200 S.F S.F 2.37$ ITEM 27-B Medium Roof Repair/Replacement Areas -200 S.F-2,000 S.F S.F 1.78$ ITEM 27-B Large Roof Repair/Replacement Areas -Over 2,000 S.F S.F 0.89$ ITEM 28 Furnish all materials, labor, and equipment to install 60 Mil, fabric reinforced Uniform TPO (Thermoplastic Polyolefin Sheet) with exposed white face, min. SRI 78, fully adhered / mechanically fastened system as manufactured by 'Carlisle Syntec for existing approved warrantied system. The membrane is to be mechanically fastened through the metal deck system or adhered to concrete deck (approved warranty method as manufactured by 'Carlisle Syntec' or other manufacturer for existing warrantied system). ITEM 28-A Small Roof Repair Areas -0 S.F-500 S.F S.F 7.11$ ITEM 28-B Medium Roof Repair/Replacement Areas -501 S.F-3,000 S.F S.F 4.15$ ITEM 28-C Large Roof Repair/Replacement Areas -Over 3,000 S.F S.F 5.34$ ITEM 29 Furnish all materials, labor, and equipment to install Built Up Coal Tar Roofing system with membrane ply sheets as indicated ITEM 29-A Small Roof Repair Areas -0 S.F-500 S.F S.F 7.11$ ITEM 29-B Medium Roof Repair/Replacement Areas -501 S.F-10,000 S.F S.F 7.11$ ITEM 29-C Large Roof Repair/Replacement Areas -Over 10,000 S.F S.F 7.11$ ITEM 30 Furnish all materials, labor, and equipment for existing roof tear- off, down to substrate. This item also includes all disposal costs A)Asphalt Shingles ITEM 30A-A Small Roof Repair Areas -0 S.F-500 S.F S.F 7.71$ ITEM 30A-B Medium to Large Roof Repair Area -501 S.F and Up S.F 7.11$ B)Concrete/Clay Tile ITEM 30B-A Small Roof Repair Areas -0 S.F-500 S.F S.F 14.23$ ITEM 30B-B Medium to Large Roof Repair Area -501 S.F and Up S.F 11.86$ C)Standing Seam Metal Roof Qty Pay Item No.Description Unit Price ITEM 30C-A Small Roof Repair Areas -0 S.F-500 S.F S.F 17.79$ ITEM 30C-B Medium to Large Roof Repair Area -501 S.F and Up S.F 15.41$ D)Metal Shingles ITEM 30D-A Small Roof Repair Areas -0 S.F-500 S.F S.F 17.79$ ITEM 30D-B Medium to Large Roof Repair Area -501 S.F and Up S.F 15.41$ ITEM 31 Furnish all materials, labor, and equipment for the replacement of deteriorated wood substrates A)5/8- inch CDX Plywood ITEM 31A-A Small Roof Repair Areas -0 S.F-500 S.F S.F 5.34$ ITEM 31A-B Medium to Large Roof Repair Area -501 S.F and Up S.F 4.15$ B)2-inches x 6-inch T&G Wood(Fir) ITEM 31B-A Small Roof Repair Areas -0 S.F-500 S.F S.F 11.86$ Curved Roof S.F 11.86$ ITEM 31B-B Medium to Large Roof Repair Area -501 S.F and Up S.F 9.49$ Curved Roof S.F 9.49$ ITEM 32 Furnish all materials, labor, and equipment to install the underlayment materials. A)6 Mil Polyethylene Sheet ITEM 32A-A Small Roof Repair Areas -0 S.F-500 S.F S.F 0.59$ ITEM 32A-B Medium to Large Roof Repair Area -501 S.F and Up S.F 0.47$ B)30 Lbs. Felts Saturated Organic ITEM 32B-A Small Roof Repair Areas -0 S.F-500 S.F S.F 2.37$ ITEM 32B-B Medium to Large Roof Repair Area -501 S.F and Up S.F 2.96$ C)Self-Adhering underlayment granular face sheet. 55 Mils. Fiberglass mat reinforced and SBS asphalt ITEM 32C-A Small Roof Repair Areas -0 S.F-500 S.F S.F 4.74$ ITEM 32C-B Medium to Large Roof Repair Area -501 S.F and Up S.F 4.15$ D)Self-Adhering underlayment polyethylene sheet. 40 Mils. Slip resisting polythene film. ITEM 32D-A Small Roof Repair Areas -0 S.F-500 S.F S.F 5.93$ ITEM 32D-B Medium to Large Roof Repair Area -501 S.F and Up S.F 5.34$ E)Self- Adhering sheet underlayment, high temperature sheet. 40 Mils, with slip resisting polyethylene top surface laminated to SBS modified asphalt adhesive ITEM 32E-A Small Roof Repair Areas -0 S.F-500 S.F S.F 5.93$ ITEM 32E-B Medium to Large Roof Repair Area -501 S.F and Up S.F 5.34$ F)Slip sheet building paper. 5 lbs/100 S.F rosin sized ITEM 32F-A Small Roof Repair Areas -0 S.F-500 S.F S.F 0.59$ ITEM 32F-B Medium to Large Roof Repair Area -501 S.F and Up S.F 0.30$ ITEM 33 Furnish all materials, labor, and equipment to install pressure treated blocking. A)2x4 ITEM 33A-A Small Roof Repair Areas -0 S.F-500 S.F S.F 5.93$ ITEM 33A-B Medium to Large Roof Repair Area -501 S.F and Up S.F 4.74$ B)2x6 ITEM 33B-A Small Roof Repair Areas -0 S.F-500 S.F S.F 7.11$ ITEM 33B-B Medium to Large Roof Repair Area -501 S.F and Up S.F 5.93$ C)2X8 ITEM 33C-A Small Roof Repair Areas -0 S.F-500 S.F S.F 11.86$ ITEM 33C-B Medium to Large Roof Repair Area -501 S.F and Up S.F 9.49$ ITEM 34 Furnish all materials, labor, and equipment to install sheet metal flashings and trim. A)24 Gauge Stainless Steel Drip Edge- 4 Inch Profile ITEM 34A-A Small Roof Repair Areas -0 S.F-500 S.F L.F 14.23$ ITEM 34A-B Medium to Large Roof Repair Area -501 S.F and Up L.F 11.86$ ITEM 35 Furnish all materials, labor, and equipment to install metal gutter. A)6-inch x 6-inch 24 Gauge Galvanized Steel Gutter ITEM 35A-A Small Roof Repair Areas -0 S.F-500 S.F L.F 29.64$ ITEM 35A-B Medium to Large Roof Repair Area -501 S.F and Up L.F 23.72$ B)6-inch x 6-inch Aluminum Gutter ITEM 35A-A Small Roof Repair Areas -0 S.F-500 S.F L.F 32.02$ ITEM 35A-B Medium to Large Roof Repair Area -501 S.F and Up L.F 26.09$ ITEM 36 Furnish all materials, labor and equipment to install rigid standard ridge vent, high density polypropylene or UV-Stabilized plastic ITEM 36-A Small Roof Repair Areas -0 S.F-500 S.F L.F 11.86$ ITEM 36-B Medium to Large Roof Repair Area -501 S.F and Up L.F 9.49$ ITEM 37 Furnish all materials, labor and equipment to install glass fiber reinforced asphalt shingles, mineral-granular surfaced self-sealing. ITEM 37-A Small Roof Repair Areas -0 S.F-500 S.F S.F 4.74$ ITEM 37-B Medium to Large Roof Repair Area -501 S.F and Up S.F 4.15$ ITEM 38 Furnish all materials, labor, and equipment to install 20 oz. Copper shingles 34-inches x 12-inches, 2 clips per panel. ITEM 38-A Small Roof Repair Areas -0 S.F-500 S.F S.F 17.79$ ITEM 38-B Medium to Large Roof Repair Area -501 S.F and Up S.F 17.79$ Qty Pay Item No. Description Unit Price ITEM 39 Furnish all materials, labor.and equipment to install galvanized steel sheet, .0276 inch with siliconized polyester coating A)Standing Seam ITEM 39A-A Small Roof Repair Areas -0 S.F-500 S.F S.F 18.97$ ITEM 39A-B Medium to Large Roof Repair Area -501 S.F and Up S.F 17.79$ B)Batten Seam ITEM 39B-A Small Roof Repair Areas -0 S.F-500 S.F S.F 11.86$ ITEM 39B-B Medium to Large Roof Repair Area -501 S.F and Up S.F 10.67$ ITEM 40 Furnish all materials, labor, and equipment to install aluminum sheet, coil coated alloy, .040 inch with siliconized polyester coating. A)Standing Seam ITEM 40A-A Small Roof Repair Areas -0 S.F-500 S.F S.F 20.16$ ITEM 40A-B Medium to Large Roof Repair Area -501 S.F and Up S.F 18.97$ B)Batten Seam ITEM 40B-A Small Roof Repair Areas -0 S.F-500 S.F S.F 13.04$ ITEM 40B-B Medium to Large Roof Repair Area -501 S.F and Up S.F 11.86$ C)Flat Seam ITEM 40C-A Small Roof Repair Areas -0 S.F-500 S.F S.F 13.04$ ITEM 40C-B Medium to Large Roof Repair Area -501 S.F and Up S.F 11.86$ D)Ridge Metal Building Roofing (Through Metal Building Manufacturer) ITEM 40D-A Small Roof Repair Areas -0 S.F-500 S.F S.F 14.23$ ITEM 40D-B Medium to Large Roof Repair Area -501 S.F and Up S.F 11.86$ ITEM 41 Furnish all materials, labor, and equipment to install clay roof tile. A)Spanish"S" Tile ITEM 41A-A Small Roof Repair Areas -0 S.F-500 S.F S.F 13.04$ ITEM 41A-B Medium to Large Roof Repair Area -501 S.F and Up S.F 11.86$ B)Barrel Tile ITEM 41A-A Small Roof Repair Areas -0 S.F-500 S.F S.F 13.04$ ITEM 41A-B Medium to Large Roof Repair Area -501 S.F and Up S.F 11.86$ ITEM 42 Furnish all materials, labor and equipment to install 4" diameter leader A)24 Gauge Galvanized Steel ITEM 42A-A Small Roof Repair Areas -0 S.F-500 S.F S.F 9.49$ ITEM 42A-B Medium to Large Roof Repair Area -501 S.F and Up S.F 8.30$ B)Anodized Aluminium ITEM 42B-A Small Roof Repair Areas -0 S.F-500 S.F S.F 10.67$ ITEM 42B-B Medium to Large Roof Repair Area -501 S.F and Up S.F 9.49$ C)24 Gauge Stainless Steel ITEM 42C-A Small Roof Repair Areas -0 S.F-500 S.F S.F 13.04$ ITEM 42C-B Medium to Large Roof Repair Area -501 S.F and Up S.F 11.86$ ITEM 43 Furnish all materials, labor and equipment to install concrete roof tile A)Spanish"S" Tile ITEM 43A-A Small Roof Repair Areas -0 S.F-500 S.F S.F 11.86$ ITEM 43A-B Medium to Large Roof Repair Area -501 S.F and Up S.F 10.67$ B)Flat Shingle ITEM 43B-A Small Roof Repair Areas -0 S.F-500 S.F S.F 10.67$ ITEM 43B-B Medium to Large Roof Repair Area -501 S.F and Up S.F 10.08$ ITEM 44 Supplies not listed or included elsewhere MAY be purchased under this contract on a strictly COST-PLUS arrangement only. Documentation of vendor cost must be provided with v,vritten (City) estimates. Provide percent markup. City staff estimates approximately $25,000 worth of this type of material will be required per year. EA. ITEM 45 Crane Rental ALLOWANCE - based upon receipts and as authorized by the City. Qty Pay Item No.Description Unit Price ITEM 46 Annual inspections of all roof types to be included in a Roofing Inspection Report. Roofing Inspection and Report. The report will be comprehensive and include a quote for repairs formatted in line with the contract. The quote shall identify emergency, remedial and replacement cost. Report shall include but not be limited to the following: 1. All roofing inspection roofing numbering system shall conform with the City of Sunrise building numbers. Vendor shall coordinate the proper building numbers with the City representative to ensure inclusion into the report. 2. Providing information of the roof (i.e. date of installation, based on permitting documents, roof characteristics and geometry, roof type, roof square footage, and any other information that may be required). 3. Providing color images or photos, within the body of the report, identifying the roofing area, condition, and deficiencies that may require immediate attention. 4. Date of estimated need for replacement. 5. LOS as follows: A=lO or more years of service life remaining; B=8 to 10 yearsof service life remaining; C=5 to 7 years of service life remaining; D=2 to 4 years of service life remaining; F= Less than 1 yearof service Jife remaining. S.F 0.07$ H.Total Cost 10,475.78$ EXHIBIT A MASTER INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT, EXAMPLE MASTER INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT This Master Intergovernmental Cooperative Purchasing Agreement (this “Agreement”) is entered into by and between those certain government agencies that execute a Principal Procurement Agency Certificate (“Principal Procurement Agencies”) with National Intergovernmental Purchasing Alliance Company, a Delaware corporation d/b/a OMNIA Partners, Public Sector and/or Communities Program Management, LLC, a California limited liability company d/b/a U.S. Communities (collectively, “OMNIA Partners Public Sector”) to be appended and made a part hereof and such other public agencies (“Participating Public Agencies”) who register to participate in the cooperative purchasing programs administered by OMNIA Partners, Public Sector and its affiliates and subsidiaries (collectively, the “OMNIA Partners Parties”) by either registering on the OMNIA Partners, Public Sector website (www.omniapartners.com/publicsector or any successor website), or by executing a copy of this Agreement. RECITALS WHEREAS, after a competitive solicitation and selection process by Principal Procurement Agencies, in compliance with their own policies, procedures, rules and regulations, a number of suppliers have entered into “Master Agreements” (herein so called) to provide a variety of goods, products and services (“Products”) to the applicable Principal Procurement Agency and the Participating Public Agencies; WHEREAS, Master Agreements are made available by Principal Procurement Agencies through the OMNIA Partners Parties and provide that Participating Public Agencies may purchase Products on the same terms, conditions and pricing as the Principal Procurement Agency, subject to any applicable federal and/or local purchasing ordinances and the laws of the State of purchase; and WHEREAS, in addition to Master Agreements, the OMNIA Partners Parties may from time to time offer Participating Public Agencies the opportunity to acquire Products through other group purchasing agreements. NOW, THEREFORE, in consideration of the mutual promises contained in this Agreement, and of the mutual benefits to result, the parties hereby agree as follows: 1.Each party will facilitate the cooperative procurement of Products. 2.The Participating Public Agencies shall procure Products in accordance with andsubject to the relevant federal, state and local statutes, ordinances, rules and regulations that govern Participating Public Agency’s procurement practices. The Participating Public Agencies hereby acknowledge and agree that it is the intent of the parties that all provisions of this Agreement and that Principal Procurement Agencies’ participation in the program described herein comply with all applicable laws, including but not limited to the requirements of 42 C.F.R. § 1001.952(h), as may be amended from time to time. The Participating Public Agencies further acknowledge and agree that they are solely responsible for their compliance with all applicable “safe harbor” regulations, Page 42 - Attachment B including but not limited to any and all obligations to fully and accurately report discounts and incentives. 3.The Participating Public Agency represents and warrants that the Participating PublicAgency is not a hospital or other healthcare provider and is not purchasing Products on behalf of a hospital or healthcare provider. 4.The cooperative use of Master Agreements shall be in accordance with the terms and conditions of the Master Agreements, except as modification of those terms and conditions is otherwise required by applicable federal, state or local law, policies or procedures. 5.The Principal Procurement Agencies will make available, upon reasonable request, Master Agreement information which may assist in improving the procurement of Products by the Participating Public Agencies. 6.The Participating Public Agency agrees the OMNIA Partners Parties may provideaccess to group purchasing organization (“GPO”) agreements directly or indirectly by enrolling the Participating Public Agency in another GPO’s purchasing program, including but not limited to Vizient Source, LLC, Provista, Inc. and other OMNIA Partners, Public Sector affiliates and subsidiaries; provided the purchase of Products through the OMNIA Partners Parties or any other GPO shall be at the Participating Public Agency’s sole discretion. 7.The Participating Public Agencies (each a “Procuring Party”) that procure Productsthrough 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 thisAgreement. 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 OMNIAPARTNERS 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 Page 43 - Attachment B 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. 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 surviveany such termination. 12.This Agreement shall take effect upon (i) execution of the Principal Procurement Agency Certificate, or (ii) registration on the OMNIA Partners, Public Sector website or the execution of this Agreement by a Participating Public Agency, as applicable. OMNIA PARTNERS, PUBLIC SECTOR Authorized Signature Signature Sarah E. Vavra Name Title and Agency Name Name Sr. Vice President, Public Sector Contracting Title Date Date Page 44 - Attachment B OMNIA PARTNERS EXHIBIT C PRINCIPAL PROCUREMENT AGENCY CERTIFICATE, EXAMPLE PRINCIPAL PROCUREMENT AGENCY CERTIFICATE In its capacity as a Principal Procurement Agency (as defined below) for National Intergovernmental Purchasing Alliance Company, a Delaware corporation d/b/a OMNIA Partners, Public Sector (“OMNIA Partners, Public Sector”), [NAME OF PPA] agrees to pursue Master Agreements for Products as specified in the attached Exhibits to this Principal Procurement Agency Certificate. I hereby acknowledge, in my capacity as _____________ of and on behalf of [NAME OF PPA] (“Principal Procurement Agency”), that I have read and hereby agree to the general terms and conditions set forth in the attached Master Intergovernmental Cooperative Purchasing Agreement regulating the use of the Master Agreements and purchase of Products that from time to time are made available by Principal Procurement Agencies to Participating Public Agencies nationwide through OMNIA Partners, Public Sector. I understand that the purchase of one or more Products under the provisions of the Master Intergovernmental Cooperative Purchasing Agreement is at the sole and complete discretion of the Participating Public Agency. Authorized Signature, [PRINCIPAL PROCUREMENT AGENCY] Signature Name Title Date Page 46 - Attachment B 10/29/2019 Roofing Supplies and Services, Waterproofing and Related Product and Services | Purchasing RFPs and Bids | Racine County, WI https://racinecounty.com/Home/Components/RFP/RFP/112/734 1/1 Return to full list >> Purchasing RFPs and Bids Roofing Supplies and Services, Waterproofing and Related Product and Services Department:Finance RFP Number:PW1925 Start Date:08/07/2019 2:24 PM Close Date:09/09/2019 2:00 PM Racine County is accepting sealed bids to provide Roofing Supplies and Services, Waterproofing, and Related Products and Services, for Racine County and other municipal governments and local public agencies. Sealed bids will be received in the office of the Purchasing Coordinator, Racine County Courthouse, 730 Wisconsin Avenue, Racine, WI 53403 until 2:00 p.m., CDT, Monday, September 9, 2019. Immediately thereafter, all proposals shall be publicly opened. All bids shall be in accordance with specifications on file in this office. Invitation for Bid documents are available in the office of the Purchasing Coordinator at the above address, telephone (262) 636-3700. A non-mandatory pre-bid meeting will be held on Thursday August 15, 2019 at 9:00 a.m. in the 1st floor conference room of the Racine County Courthouse at 730 Wisconsin Avenue, Racine WI. While non-mandatory, it is strongly encouraged for Bidder’s to attend the pre-bid meeting. Oral statements or discussions during the pre- bid meeting will not be binding. Please inform the Finance Department if handicapped access or special accommodations are needed at the time of the public bid opening. PW1925 - IFB Roofing Supplies and Service Addendum 1 with attachments Addendum 1 - Attachment C - Bid Form Legal Notice - Roofing Supplies and Services ADVERTISEMENT FOR BIDS RACINE COUNTY PROJECT NO. PW1925 Racine County is accepting sealed bids to provide Roofing Supplies and Services, Waterproofing, and Related Products and Services, for Racine County and other municipal governments and local public agencies. Sealed bids will be received in the office of the Purchasing Coordinator, Racine County Courthouse, 730 Wisconsin Avenue, Racine, WI 53403 until 2:00 p.m., CDT, Monday, September 9, 2019. Immediately thereafter, all proposals shall be publicly opened. All bids shall be in accordance with specifications on file in this office. Invitation for Bid documents are available in the office of the Purchasing Coordinator at the above address, telephone (262) 636-3700. A non-mandatory pre-bid meeting will be held on Thursday August 15, 2019 at 9:00 a.m. in the 1st floor conference room of the Racine County Courthouse at 730 Wisconsin Avenue, Racine WI. While non-mandatory, it is strongly encouraged for Bidder’s to attend the pre-bid meeting. Oral statements or discussions during the pre-bid meeting will not be binding. Please inform the Finance Department if handicapped access or special accommodations are needed at the time of the public bid opening. RACINE COUNTY through its duly authorized representatives, reserves the right to reject any or all bids, waive all technicalities, and choose the offer deemed most advantageous to Racine County. All bidders by submitting their bids agree to abide by the rules, regulations and decisions of Racine County. _____________________________ Duane McKinney Racine County Purchasing Coordinator Munis Contract #:□ Yes □ No Signed by vendor:□ Yes □ No □ DocuSign Contract Type □Non Encumber Expense □ Encumber Expense □ HSD PO Expense □ Revenue Vendor/Customer #: Department: Sub Department: Brief Description of Services: Contact/administrator: Contact Munis ID: Contract Start: Accounts Information Year If additional account lines are necessary, attach a schedule. Total: Have you read the agreement: □ Yes □ No Do you understand & agree with the Terms:□ Yes □ No Are there things that you think should be changed in this Contract: □Yes □ No Was a resolution passed to authorize the original contract: □Yes □ No If yes, indicate the resolution number:(attach a copy of the resolution) Is there a required signature date: □ Yes □ No Corp Counsel Stamp: County Clerk Stamp: Racine County Contract & Contract Amendment Form Attach one copy of the contract to be filed. Attach more copies if required by vendor. Amendment: Vendor Name: Full Address: Contract End: If this is a multi year contract - Committee and County Board authorization is needed before the contract can be processed. By completing this form, Procurement Policy has been followed. Account Name:Account Number Amended Amount New Contract Amount - If yes, please attach a memo stating the changes you think should be made. If yes, what date: Upon complete execution of this contract, an original copy must be placed on file with the County Clerk along with this cover sheet. This form is to be printed on Pastel Yellow paper.Updated 111320 BE 1718 n 6557 GARLAND/DBS 3800 EAST 91ST ST CLEVELAND OH 44105 FINANCE AMENDMENT 5 YEAR EXTENSION ROOFING SUPPLIES AND SERVICES Duane McKinney 6750dmckinne 10/15/2019 10/14/2029 13500000.400000 $ 0.00 n n DocuSign Envelope ID: 93DC32B6-E0CD-4AA8-AA5C-8108E1D9716B ROOFING SUPPLIES AND SERVICES, WATERPROOFING, AND RELATED PRODUCTS AND SERVICES CONTRACT 2019 AMENDMENT NO. ELEVEN (11) This Amendment No. Eleven is effective December 15, 2023 and is to modify the ROOFING SUPPLIES AND SERVICES, WATERPROOFING, AND RELATED PRODUCTS AND SERVICES CONTRACT 2019 agreed upon by Racine County, Wisconsin, 730 Wisconsin Avenue, Racine, Wisconsin 53403 (“County”) and Garland/DBS, Inc. 3800 East 91st Street, Cleveland, Ohio 44105 (“Contractor”) (hereinafter each a “Party” and collectively referred to as “Parties”) on September 27, 2019 (“Contract”). The Parties hereby agree to amend the Contract as follows: TERM: The County is exercising the remaining renewal option for one (1) five (5) year term through October 14, 2029. ALL OTHER PROVISIONS OF THE CONTRACT SHALL REMAIN IN THEIR ENTIRETY. RACINE COUNTY BY: _______________________ Jonathan Delagrave Racine County Executive DATE: _______________________ BY: _______________________ Wendy M. Christensen Racine County Clerk DATE: _______________________ GARLAND/DBS Inc. BY: _______________________ DATE: _______________________ DocuSign Envelope ID: 93DC32B6-E0CD-4AA8-AA5C-8108E1D9716B 12/28/2023 12/28/2023 1/2/2024 1/3/2024 1/3/2024 Contract Agreement for information only. Do not Ship. 0See below for Terms and Conditions City of Tampa 306 EAST JACKSON STREET Tampa, FL 33602 United States Type Contract Purchase Agreement Order 124300466 Revision 0 Order Date 18-JUN-2024 Revision Date Supplier:QUALITY ROOFING INC 1905 N 40TH ST TAMPA, FL 33605 United States Ship To:Multiple See Below Tampa, FL 33601 United States Bill To:R&F - Accounts Payable (Global) PO BOX 2000 Tampa, FL 33601 United States Supplier Number Payment Terms Freight Terms FOB Shipping Method 1018904 Net 30 Freight Included FOB -Destination Best Way Effective Start Date Effective End Date Amount Agreed(USD) 30-Jun-2024 29-Jun-2025 2,000,000.00 Supplier Contact Buyer Katrina D House Phone:1-813-274-7711 Katrina.House@tampagov.net Notes City of Tampa is Tax Exempt #85-8013818565C-8. Contract Purchase Agreement - DO NOT SHIP Contract Agreement for information only. Do not Ship. 0Contract Agreement for information only. Do not Ship. 0Contract Purchase Agreement 124300466, 0 See below for Terms and Conditions CITY OF TAMPA FLORIDA STANDARD PURCHASE ORDER TERMS AND CONDITIONS The Contractor or Vendor (hereinafter Vendor), in accepting this Purchase Order, agrees to and shall be bound by all of the following terms and conditions, unless otherwise agreed to, in writing, by the City of Tampa (hereinafter City): 1. The content and conditions of this purchase order may not be verbally modified. Any changes must be in writing and approved by the Director of Purchasing. If these conditions are not acceptable, please notify the contact listed on the order before shipping the items or delivering services. If prices are higher than specified, do not ship without prior written approval from the Director of Purchasing. 2. All invoices, packing lists and packages must bear this Purchase Order number as printed on the face of the Purchase Order. All invoices must have Vendor's name and address, a unique invoice number, date, description of goods/services purchased, and pricing by line item and unit price, extended price and total amount due that are consistent with the Purchase Order, correct Purchase Order number, and Vendor's remit to address. Improper invoices will be returned to the Vendor. Prices shall include all royalties and costs arising from patents, trademarks, and copyrights in any way involved in the goods/services. 3. Payments will be made upon City's receipt of a proper invoice in accordance with Florida's Local Government Prompt Payment Act, Chapter 218, Part VII, Florida Statutes. Disputed payments shall be resolved in accordance with City of Tampa Executive Order 2003- 01. 4. Materials rejected by the City will be returned to the Vendor at the Vendor's risk and expense. The City shall not be liable or otherwise responsible for any re-stocking charges unless prior written approval has been provided by the Director of Purchasing. 5. Cash discounts will be deducted as provided for on the face of this Purchase Order or in accordance with the terms of the Vendor's quotation or bid. 6. Acceptance by the Vendor of this order includes acceptance of all items, conditions, prices, delivery instructions and specifications as shown on the order or attached to or referred to, and which are made a part hereof by reference, as fully and to the same extent as if copied at length herein. In the event of a conflict or discrepancy between this Purchase Order and any referenced contract document, if one exists, the contract document shall govern. The Vendor may not unilaterally modify the terms of this Purchase Order by affixing additional terms to product upon delivery (e.g., attachment or inclusion of standard preprinted forms, product literature, "shrink wrap" terms accompanying or affixed to a product, whether written or electronic) or by incorporating such terms onto the Vendor's order or fiscal forms or other documents forwarded by the Vendor for payment. The City's acceptance of product or processing of documentation on forms furnished by the Vendor for approval or payment shall not constitute acceptance of the proposed modification to the terms and conditions of this Purchase Order. 7. All shipments by the Vendor must be F.O.B Destination, unless otherwise authorized in writing by the Director of Purchasing. Any F. O.B. Shipping Point freight charges shall be prepaid and added to the invoice and with a copy of the freight bill attached. The City will not accept collect shipments. All stated delivery times are of the essence. 8. The City reserves the right to cancel all or part of this Purchase Order prior to acceptance of the goods or services. 9. Vendors are expected to satisfy all purchase orders in one shipment unless otherwise stipulated in the subject solicitation, award, or authorized by the Director of Purchasing in writing. 10. Vendors are not authorized to deliver any goods or services which are not covered by this Purchase Order. The City accepts no responsibility and is not obligated to render payment for purchases that are not covered by a duly-issued purchase order or specifically authorized by the Director of Purchasing. 11. A. Indemnification (Intellectual Property). Whenever the Vendor is required or desires to use any design, device, material or process covered by letters of patent or copyright, the Vendor shall indemnify, defend and save harmless the City, its officers, elected and appointed officials, agents and employees from any and all claims for infringement by reason of the use of any such patented design, tool, material, equipment, or process, to be performed hereunder, and shall indemnify the said City, its officers, agents, and employees Contract Agreement for information only. Do not Ship. 0Contract Agreement for information only. Do not Ship. 0Contract Purchase Agreement 124300466, 0 See below for Terms and Conditions for any costs (including court costs and attorneys' fees), expenses and damages which may be incurred by reason of any infringement at any time during the prosecution or after the completion of the work. The duty to defend is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Vendor, the City and any indemnified party. The provisions herein shall survive acceptance of any goods and/or services and payment therefore by the City; and shall continue in full force and effect so long as the possibility of any liability, claim or loss exists, unless otherwise prohibited by law. 11. B. Indemnification (General). The Vendor shall indemnify, defend and hold harmless the City of Tampa, its officers, elected and appointed officials, and employees from and against any and all liabilities, claims, suits, damages, charges, or expenses (including attorney's fees, whether at trial or appeal) which they may suffer, sustain, incur, or in any way be subjected to by reason or as a result of any act, negligence, or omission on the part of the Vendor, its agents or employees, in the execution or performance of the obligations assumed under or incidental to, the contract awarded under this Purchase Order, except when caused solely by the fault, failure, or negligence of the City, its agents, or employees. The duty to defend is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Vendor, the City and any indemnified party. The provisions herein shall survive acceptance of any goods and/or services and payment therefore by the City, and shall continue in full force and effect so long as the possibility of any liability, claim or loss exists, unless otherwise prohibited by law. If the above indemnity or defense provisions or any part of the above indemnity or defense provisions are limited by Section 725.06(2) -(3), Florida Statutes or Section 725.08, Florida Statutes then with respect to the part so limited, Vendor agrees to the following: to the maximum extent permitted by Florida Law, Vendor will indemnify and hold armless the City of Tampa, its officers, elected and officials, and employees from any and all liabilities, damages losses, and costs, including, but not limited to, reasonable attorneys' fee, to the extend caused by the negligence, recklessness, or wrongful conduct of the Vendor and persons employed or utilized by the Vendor in the performance of the contract awarded under this Purchase Order. If the above indemnity or defense provisions or any part of the above indemnity or defense provisions are limited by Section 725.06(1), Florida Statutes, or any other applicable law, then with respect to the part so limited, the monetary limitation on the extent of the indemnification shall be the greater of the (i) monetary value of the contract awarded under this Purchase Order, (ii) coverage amount of the Commercial General Liability Insurance required by the contract awarded under this Purchase order or (iii) $1,000,000.00. Otherwise, the obligations of this Section 11.B. will not be limited by the amount of any insurance required to be obtained or maintained under this Purchase Order. 11. C. If any portion of this contract or agreement is for, or in conjunction with, any construction, alteration, repair or demolition of a building, structure, appurtenance, or appliance, including moving and excavation connected with it, the Vendor shall accept the sum of One Dollar ($1.00) as consideration for the indemnification and hold harmless provisions of sub- paragraphs 11. A. and 11.B above. 12. The Vendor shall warrant that the goods, materials, machinery and apparatus supplied under this Purchase Order are well made, of good materials, and conform to any model or sample provided by the Vendor to the City. The Vendor shall provide to the City a one (1) year written warranty: (a) against poor workmanship, for all services rendered by the Vendor, (b) for all products, materials or equipment provided by the Vendor in the course of providing service to the City, and (c) for all commodities sold to the City. The warranty period shall begin on the date of final completion and/or acceptance by the City. The Vendor shall replace or repair, free of charge, FOB City, any parts of machinery and/or apparatus supplied herein under which proved defective in workmanship or material. 13. The Vendor shall supply a Material Safety Data Sheet (MSDS) with each initial delivery of any materials defined by the State of Florida of the Federal Government as being toxic or harmful. 14. Until acceptance, risk of loss or damage shall remain with the Vendor. The Vendor shall be responsible for filing, processing, and collecting all damage claims. When the City rejects a product, the Vendor shall remove it from the premises within ten (10) days after notification or rejection. Upon rejection notification, the risk of loss of rejected or non-conforming product shall remain with the Vendor. Rejected product not removed by the vendor within ten (10) days shall be deemed abandoned by the Vendor, and the City shall have the right to dispose of it as its own property. The Vendor shall reimburse the City for costs and expenses incurred in storing or effecting removal or disposition of rejected product. 15. The laws of the State of Florida (without giving effect to its conflicts of law principles) govern all matters arising out of or relating to this Purchase Order, including, without limitation, its interpretation, construction, performance, and enforcement. The Vendor submits to the exclusive jurisdiction and venue of the state and federal courts located in Hillsborough County, Florida. 16. The Vendor shall have in its possession any applicable permits, licenses, etc. that may be required by Federal, State, County, or local law to furnish products or services under the scope of this Purchase Order and shall be subject to all ordinances, rules and regulations of the City and shall be in compliance with all Federal, State or Local law, regulations and rules in its performance of services or delivery of products under this Purchase Order. Contract Agreement for information only. Do not Ship. 0Contract Agreement for information only. Do not Ship. 0Contract Purchase Agreement 124300466, 0 See below for Terms and Conditions 17. The Vendor shall comply with Title VII of the 1964 Civil Rights Act, as amended, the Florida Civil Rights Act of 1992, and the City of Tampa Code of Ordinances, Chapter 12, which prohibits discrimination based on the grounds of race, color, national origin, religion, sex, sexual orientation, gender identity or expression, age, disability, familial status, or marital status, discriminate in any form or manner. The Vendor shall also comply with Title VI of the Civil Rights Act of 1964 when federal grant(s) is/are involved. This Statement of Assurance shall be interpreted to include Vietnam-Era Veterans and Disabled Veterans within its protective range of applicability. 18. No right, obligation or interest in this Purchase Order shall be assigned or delegated by the Vendor without the prior written consent of the City. Any such unauthorized assignment or delegation by Vendor shall be void and may render this Purchase Order void, at the sole option of the City, without prejudice to City's other rights and remedies. 19. The Vendor shall keep adequate records and supporting documentation applicable to this contractual matter. Said records and documentation will be retained by the Vendor for a minimum of six (6) years from the date of termination of this contract. The City and its authorized agents shall have the right to audit, inspect and copy all such records and documentation as often as the City deems necessary during the period of this contract and during the period of six (6) years thereafter. This six (6) year time period will be extended until audit findings are issued if an audit is initiated during the six (6) year period. Such activity shall be conducted only during normal business hours. The City, during the period of time expressed by the preceding sentence, shall also have the right to obtain a copy of and otherwise inspect any audit made at the direction of the Vendor as concerns the aforesaid records and documentation. 20. This Purchase Order is subject to funding availability. In the event sufficient budget funds to fund this Purchase Order become reduced or unavailable, the City shall notify the Vendor of such occurrence, and the City may terminate this Purchase Order, without penalty or expense to the City, upon no less than twenty-four (24) hours written notice to the Vendor. The City shall be the final authority as to the availability of funds and how available funds will be allotted. If this Purchase Order is funded in whole or in part by federal or state dollars which are reduced or become unavailable, the City shall notify the Vendor of such occurrence and the City may terminate this Purchase Order, without penalty or expense to the City, upon no less than twenty-four (24) hours written notice to the Vendor. 21.The City of Tampa is exempt from the payment of Florida sales and use tax on real property rented, transient rental property rented, tangible personal property purchased or rented, or services purchased. A copy of the City's Tax Exempt Certificate can be provided upon request. 22.In accordance with Section 448.095, Florida Statutes, the Vendor agrees to register with and utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired during the term of the contract under this Purchase Order. The Vendor must also include a requirement in subcontracts that the subcontractor must register with and utilize the E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor. If the Vendor enters into a contract with a subcontractor, the subcontractor must provide the Vendor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. The Vendor shall maintain a copy of such affidavit for the duration of the contract. If the City has a good faith belief that the Vendor has knowingly violated Section 448.09(1), Florida Statutes, the City shall terminate the contract with the Vendor, and the Vendor may not be awarded a contract with the City for at least 1 year after the date on which the contract was terminated. The Vendor is liable for any additional costs incurred by the City as a result of the termination of the contract. If the City has a good faith belief that a subcontractor knowingly violated the law, but the Vendor has otherwise complied with the law, the City shall promptly notify the Vendor and order the Vendor to immediately terminate the contract with the subcontractor. 23. Section 287.135, Florida Statutes, prohibits agencies or local governmental entities from contracting for goods or services of any amount with companies that are on the Scrutinized Companies that Boycott Israel List or are engaged in a boycott of Israel, and of $1 million or more with companies that are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or are engaged in business operations in Cuba or Syria. The Vendor certifies that the Vendor is not in violation of Section 287.135, Florida Statutes. The City, at its option, may terminate this Purchase Order for cause if the Vendor is found to have submitted a false certification, been placed on one or any of the foregoing Lists, been engaged in a boycott of Israel, or been engaged in business operations in Cuba or Syria. 24. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit Contract Agreement for information only. Do not Ship. 0Contract Agreement for information only. Do not Ship. 0Contract Purchase Agreement 124300466, 0 See below for Terms and Conditions a bid on an award/contract to provide any goods or services to a public entity, may not submit a bid on an award/ contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 for Category Two for a period of 36 months from the date of being placed on the convicted vendor list. [See Florida State Statute 287.133 (2)(a)]. The Vendor certifies that the Vendor is in compliance with Section 287.133, Florida Statutes. 25. If applicable, Vendor shall comply with the requirements of Chapter 119, Florida Statutes, with respect to any documents, papers, and records made or received by Vendor in connection with this Purchase Order. 26. If applicable, this Purchase Order is subject to the City of Tampa's Insurance Requirements that can be found at https://www.tampa. gov/purchasing/info and should be reviewed for complete insurance details and coverage requirements. Insurance is to be placed with insurers admitted in the State of Florida and who have a current A.M. Best rating of no less than a A.M. Best rating of no less than A-, Class VII, if not rated by A.M. Best, as otherwise approved by the City in advance and in writing. Any other contract document referenced in this Purchase Order providing for additional required insurance coverages shall govern. Revised May 2022 Bill Vendor ABC SUPPLY CO. INC. 5420 N 59TH ST TAMPA, FL 33610 Bill Due 01/10/24 Terms 2% 2nd10th EOM Memo CITY OF TAMPA-CONTRACTS:MLK Gym Reroof 207681 Quality Roofing, Inc. Tampa, FL 33605 1905 N 40th Street Date 11/16/23 Ref. No. 55449194 Items Item Description Qty U/M Cost Amount Customer:Job Class SHINGLES:FELT UNDERLAYMENT 30# VERSASHIELD 2 176.84 353.68 CITY OF TAMPA-CONTRAC TS:MLK Gym Reroof 207681 COT Contracts Item Total : 353.68 Bill Total : $353.68 PURCHASE ORDER Date Ordered 11/2/23 P.O. No. QR117137 Vendor ABC SUPPLY CO. INC. 5420 N 59TH ST TAMPA, FL 33610 Job Name MLK Gym Reroof 2109 North Rome Avenue Tampa, FL 33607 Ordered From Delivery Date 1/1/24 Ship Via Ordered By Total: Description Quantity U/M Rate Amount VERSASHIELD 2 0.00 0.00 We do not accept deliveries between 11:00 AM - 1:00 PM. Quality Roofing Inc is an Equal Opportunity Employer.$0.00 AUSTIN CONSTRUCTION INC PO Box 366 Land O Lakes, FL 34639 US 813-918-0381 aci.fl@hotmail.com BILL TO QUALITY ROOFING INVOICE 5001 DATE 10/25/2023 ACTIVITY AMOUNT CEMETERY HOUSE 0.00 SERVICE INSTALL 3/4 PLYWOOD & 3/4 BEADED ROOF DECKING 8,707.00 TOTAL DUE $8,707.00 Bill Vendor BERRIDGE FLORIDA SALES CORPORATION 8802 VENTURE COVE TAMPA, FL 33637 Bill Due 12/16/23 Terms NET 30 Memo CITY OF TAMPA-CONTRACTS:MLK Gym Reroof 207681 Quality Roofing, Inc. Tampa, FL 33605 1905 N 40th Street Date 11/16/23 Ref. No. TPA-INV-0004429 Items Item Description Qty U/M Cost Amount Customer:Job Class METAL FLAT STOCK:GALVALUM E PAINTED 24GA COPPER BROWN GALVALUME PAINTED 20 71.5355 1,430.71 CITY OF TAMPA-CONTRAC TS:MLK Gym Reroof 207681 COT Contracts SALES TAX,SHIPPING,HA NDLING:HANDLING /PALLET CHARGE PALLET CHARGE CHARGE 1 80.00 80.00 CITY OF TAMPA-CONTRAC TS:MLK Gym Reroof 207681 COT Contracts SALES TAX,SHIPPING,HA NDLING:SHIPPING CHARGE FREIGHT CHARGE 1 76.08 76.08 CITY OF TAMPA-CONTRAC TS:MLK Gym Reroof 207681 COT Contracts Item Total : 1,586.79 Bill Total : $1,586.79 Bill Vendor BERRIDGE FLORIDA SALES CORPORATION 8802 VENTURE COVE TAMPA, FL 33637 Bill Due 09/23/23 Terms NET 30 Memo CITY OF TAMPA-REPAIRS:Oak Lawn Cemetery Sexton House 207453 Quality Roofing, Inc. Tampa, FL 33605 1905 N 40th Street Date 08/24/23 Ref. No. TPA-INV-0004307 Items Item Description Qty U/M Cost Amount Customer:Job Class SALES TAX,SHIPPING,HA NDLING:SALES TAX SEXTON HOUSE 1 418.04 418.04 CITY OF TAMPA-CONTRAC TS:Oak Lawn Cemetery Sexton House 207453 Repairs METAL ROOFING:METAL SHINGLE VICTORIAN METAL SHINGLE 10 447.45 4,474.50 CITY OF TAMPA-CONTRAC TS:Oak Lawn Cemetery Sexton House 207453 Repairs METAL FLAT STOCK:GALVALUM E MILL FINISH 24GA GALVALUME MILL FINISH 48"X10', 6 PC 6 58 348.00 CITY OF TAMPA-CONTRAC TS:Oak Lawn Cemetery Sexton House 207453 Repairs METAL ROOFING:CLOSUR ES J CLIP CLOSURES 33 8.48 279.84 CITY OF TAMPA-CONTRAC TS:Oak Lawn Cemetery Sexton House 207453 Repairs SALES TAX,SHIPPING,HA NDLING:HANDLING /PALLET CHARGE SET UP 1 25.00 25.00 CITY OF TAMPA-CONTRAC TS:Oak Lawn Cemetery Sexton House 207453 Repairs SALES TAX,SHIPPING,HA NDLING:HANDLING /PALLET CHARGE PALLET CHARGE 1 240.00 240.00 CITY OF TAMPA-CONTRAC TS:Oak Lawn Cemetery Sexton House 207453 Repairs Page 1 Bill Vendor BERRIDGE FLORIDA SALES CORPORATION 8802 VENTURE COVE TAMPA, FL 33637 Bill Due 09/23/23 Terms NET 30 Memo CITY OF TAMPA-REPAIRS:Oak Lawn Cemetery Sexton House 207453 Quality Roofing, Inc. Tampa, FL 33605 1905 N 40th Street Date 08/24/23 Ref. No. TPA-INV-0004307 Items Item Description Qty U/M Cost Amount Customer:Job Class SALES TAX,SHIPPING,HA NDLING:SHIPPING CHARGE SHIPPING CHARGE 1 350.00 350.00 CITY OF TAMPA-CONTRAC TS:Oak Lawn Cemetery Sexton House 207453 Repairs Page 2 Item Total : 6,135.38 Bill Total : $6,135.38 Bill Vendor BERRIDGE FLORIDA SALES CORPORATION 8802 VENTURE COVE TAMPA, FL 33637 Bill Due 12/28/23 Terms NET 30 Memo CITY OF TAMPA-CONTRACTS:MLK Gym Reroof 207681 Quality Roofing, Inc. Tampa, FL 33605 1905 N 40th Street Date 11/28/23 Ref. No. TPA-INV-0004435 Items Item Description Qty U/M Cost Amount Customer:Job Class METAL FLAT STOCK:GALVALUM E PAINTED 24GA COPPER BROWN GALVALUME PAINTED 6 71.34167 428.05 CITY OF TAMPA-CONTRAC TS:MLK Gym Reroof 207681 COT Contracts SALES TAX,SHIPPING,HA NDLING:SHIPPING CHARGE FREIGHT CHARGE 1 31.36 31.36 CITY OF TAMPA-CONTRAC TS:MLK Gym Reroof 207681 COT Contracts Item Total : 459.41 Bill Total : $459.41 Bill Vendor BERRIDGE FLORIDA SALES CORPORATION 8802 VENTURE COVE TAMPA, FL 33637 Bill Due 01/03/24 Terms NET 30 Memo CITY OF TAMPA-CONTRACTS:MLK Gym Reroof 207681 Quality Roofing, Inc. Tampa, FL 33605 1905 N 40th Street Date 12/04/23 Ref. No. TPA-INV-0004451 Items Item Description Qty U/M Cost Amount Customer:Job Class METAL FLAT STOCK:GALVALUM E PAINTED 24GA COPPER BROWN GALVALUME PAINTED 1,080 1.77975 1,922.13 CITY OF TAMPA-CONTRAC TS:MLK Gym Reroof 207681 COT Contracts SALES TAX,SHIPPING,HA NDLING:SHIPPING CHARGE SHIPPING CHARGE 1 86.40 86.40 CITY OF TAMPA-CONTRAC TS:MLK Gym Reroof 207681 COT Contracts Item Total : 2,008.53 Bill Total : $2,008.53 Bill Vendor BERRIDGE FLORIDA SALES CORPORATION 8802 VENTURE COVE TAMPA, FL 33637 Bill Due 02/21/24 Terms NET 30 Memo CITY OF TAMPA-CONTRACTS:MLK Gym Reroof 207681 Quality Roofing, Inc. Tampa, FL 33605 1905 N 40th Street Date 01/22/24 Ref. No. TPA-INV-0004498 Items Item Description Qty U/M Cost Amount Customer:Job Class METAL FLAT STOCK:GALVALUM E PAINTED COPPER BROWN GALVALUME PAINTED - pieces: 10 Width 48" Length 10' (400 ft @ 1.65/ft) 400 1.77975 711.90 CITY OF TAMPA-CONTRAC TS:MLK Gym Reroof 207681 COT Contracts SALES TAX,SHIPPING,HA NDLING:SHIPPING CHARGE FREIGHT CHARGE 32 1 32.00 CITY OF TAMPA-CONTRAC TS:MLK Gym Reroof 207681 COT Contracts Item Total : 743.90 Bill Total : $743.90 Bill Vendor BERRIDGE FLORIDA SALES CORPORATION 8802 VENTURE COVE TAMPA, FL 33637 Bill Due 01/27/24 Terms NET 30 Memo CITY OF TAMPA-CONTRACTS:MLK Gym Reroof 207681 Quality Roofing, Inc. Tampa, FL 33605 1905 N 40th Street Date 12/28/23 Ref. No. TPA-INV-0004469 Items Item Description Qty U/M Cost Amount Customer:Job Class METAL FLAT STOCK:GALVALUM E PAINTED 24GA COPPER BROWN GALVALUME PAINTED (12PC 48"X10') (480 SF@1.65/SF) 480 1.78275 855.72 CITY OF TAMPA-CONTRAC TS:MLK Gym Reroof 207681 COT Contracts SALES TAX,SHIPPING,HA NDLING:SHIPPING CHARGE GREIGHT CHARGE 1 57.6 57.60 CITY OF TAMPA-CONTRAC TS:MLK Gym Reroof 207681 COT Contracts Item Total : 913.32 Bill Total : $913.32 QUALITY ROOFING, INC QUALITY ROOFING, INC QUALITY ROOFING, INC 1905 N 40TH STREET 1905 N 40TH STREET CPU BFSC TAMPA TAMPA, FL 33605 TAMPA, FL 33605 , 33637 Contact Person: ADAM DRURY Contact Person: JOHN CASTELLANA Tel. No.: 813-620-4797 Fax No.: 813-626-1756 Internal Salesperson:Florida Operator Job Data: Sales Representative:Berridge Florida Sales Corp shop Payment Terms:Net 30 Days w/Job Data Estimated Weight:951.25 Customer PO No.:EMAIL Warranty ID: CONFIRMATION Thank you for your order. Production will not begin until we have a signed Confirmation of Order. Please return the signed Confirmation by fax to (210) 650-0379 Florida Operator or via email to the above sales representative. Item No.Product Description Fab Quantity Unit Price Amount CBN Copper Brown KYNAR 500lg® HYLAR 5000™ FL-P-24A-SC Flat Sheet, Primary 24 GA. Galvalume AZ50 1 Pieces: 20 Width: 48" Length: 10' **TOTAL**800 1.65 / SF $ 1,320.00 (*) 2 FREIGHT Freight 951 0.08 / EA $ 76.08 (*) 3 PALLET Pallet Charges 1 80.00 / EA $ 80.00 (*) 4 SETUP Setup Charges 1 0.00 / EA UNLESS SPECIFIED IN WRITING, BERRIDGE MFG. CO. MAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY OR FITNESS FOR ANY FAILURE TO SIGN AND RETURN THIS CONFIRMATION SHALL NOT AFFECT THE SUFFICIENCY OF THIS AGREEMENT AS A MEMORANDUM OF CONTRACT. A SERVICE CHARGE OF 1 ½% PER MONTH WHICH IS 18% ANNUALLY IS CHARGED ON PAST DUE ACCOUNTS. (*) - INDICATES AS TAXABLE ITEM. PRICING IS VALID FOR 30 DAYS UNLESS OTHERWISE NOTED. DOES THE JOB ON WHICH THIS MATERIAL IS TO BE INSTALLED REQUIRE A WATERTIGHTNESS WARRANTY? (PLEASE, CIRCLE ONE) YES NO ________________________________________________ (Signed) PARTICULAR PURPOSE OF THE PROPERTY SOLD UNDER THIS AGREEMENT. ________________________________________________________________________________ Authorized Signature Date ________________________________________________________________________________ Printed Signature Title Total Material Sales Tax % (7.5) Total $ 1,476.08 $ 110.71 $ 1,586.79 BERRIDGE FLORIDA SALES CORP. 8802 VENTURE COVE TAMPA FL 33637 Tel: (813) 335-4505 Fax: (210) 650-0379 Order Date: 11/15/23 Page 1 Order No.: TPA-0010103 ORDER CONFIRMATION Sold to: QRTFL Bill to: QRTFL Ship to: ORDER CONFIRMATION Adam Drury Operations Director 11/15/2023 From:Adam Drury To:Siplast Orders Southeast; Michael McKay; Eric McKenzie Cc:Danelle Ohsiek; Lauren Willmar; Nathan Cole; John Garrison Subject:City of Tampa - New Tampa Recreation Center / QR116890 Date:Thursday, September 21, 2023 12:23:00 PM Attachments:Siplast Warranty Registration - New Tampa Recreation Center.pdf Importance:High Southeast, Please see attached warranty registration and place order for the following items. Please send order acknowledgement, advise estimated lead time and pair for shipping with other orders. 100 rolls – Paradiene 20 TG TAG 125 rolls – Paradiene 30 FR TG Bright White TAG 20 rolls – Veral Aluminum 4 cans – PA-1021 4 cans – PA-1125 2,500 pcs – 6” Parafast Fasteners 2,500 pcs – 8” Parafast Fasteners 1,000 pcs – 10” Parafast HD Fasteners Adam Drury | Operations Director | Quality Roofing, Inc. 1905 N 40th Street | Tampa, FL 33605 (813) 620-4797 Office | (813) 626-1756 Fax | Adam.Drury@Quality-Roofing.com This message contains confidential information and is intended only for the individual named. If you are not the named addressee you should not distribute or copy this e-mail.WARNING! WIRE FRAUD ADVISORY: Wire fraud and email hacking/phishing attacks are on the increase industry wide! If youhave a monetary transaction with us, and you receive an email containing Wire Transfer Instructions, DO NOT RESPOND TOTHE EMAIL! Instead, call Quality Roofing, Inc. immediately, using previously known contact information and NOT information provided in the email, to verify the information prior to sending funds. From:Adam Drury To:Siplast Orders Southeast; Michael McKay; Eric McKenzie Cc:Danelle Ohsiek; Lauren Willmar; Nathan Cole; John Garrison Subject:City of Tampa - Port Tampa Community Center / QR116917 Date:Tuesday, September 26, 2023 10:57:00 AM Attachments:Siplast Registration City of Tampa - Port Tampa Community Center.pdf Importance:High Please place order for the following. Pair with other orders and advise. Paradiene 20 TG TAG – 100 rolls Paradiene 30 FR TG Bright White TAG – 115 rolls 15 buckets – Bright White Granules Veral Aluminum – 20 rolls PA-1021 – 4 cans PA-1125 – 3 cans Adam Drury | Operations Director | Quality Roofing, Inc. 1905 N 40th Street | Tampa, FL 33605 (813) 620-4797 Office | (813) 626-1756 Fax | Adam.Drury@Quality-Roofing.com This message contains confidential information and is intended only for the individual named. If you are not the named addressee you should not distribute or copy this e-mail.WARNING! WIRE FRAUD ADVISORY: Wire fraud and email hacking/phishing attacks are on the increase industry wide! If youhave a monetary transaction with us, and you receive an email containing Wire Transfer Instructions, DO NOT RESPOND TOTHE EMAIL! Instead, call Quality Roofing, Inc. immediately, using previously known contact information and NOT information provided in the email, to verify the information prior to sending funds. From:Adam Drury To:Siplast Orders Southeast; Michael McKay; Eric McKenzie Cc:Danelle Ohsiek; Nathan Cole; John Garrison; Lauren Willmar Subject:City of Tampa / Martin Luther King Jr Gymnasium / QR116921 Date:Tuesday, September 26, 2023 1:32:00 PM Attachments:Siplast Registration Martin Luther King Jr Gymnasium.pdf Please see attached warranty registration for City of Tampa – Martin Luther King Jr. Gymnasium and place order for the following items. Please send order acknowledgement when available and advise. I would like to have this paired with other items for a full truck. Thank you, 25 rolls – Parabase Plus P 75 rolls – Paradiene 20 SA TAG 10 rolls – Paradiene 20 TG 10 rolls – Veral Aluminum 100 rolls – Paradiene 30 FR TG Cinnamon Brown TAG 6 cans – Cinnamon Brown Granules 2 cans – PA-1125 2 cans – PA-1021 Adam Drury | Operations Director | Quality Roofing, Inc. 1905 N 40th Street | Tampa, FL 33605 (813) 620-4797 Office | (813) 626-1756 Fax | Adam.Drury@Quality-Roofing.com This message contains confidential information and is intended only for the individual named. If you are not the namedaddressee you should not distribute or copy this e-mail.WARNING! WIRE FRAUD ADVISORY: Wire fraud and email hacking/phishing attacks are on the increase industry wide! If youhave a monetary transaction with us, and you receive an email containing Wire Transfer Instructions, DO NOT RESPOND TOTHE EMAIL! Instead, call Quality Roofing, Inc. immediately, using previously known contact information and NOT informationprovided in the email, to verify the information prior to sending funds. Bill Vendor GULFEAGLE SUPPLY INC JOB ACCOUNT: SHOP 2900 E 7TH AVENUE TAMPA, FL 33605 USA Bill Due 02/11/24 Terms 2% 2nd10th EOM Memo CITY OF TAMPA-CONTRACTS:Oak Lawn Cemetery Sexton House 207453 Quality Roofing, Inc. Tampa, FL 33605 1905 N 40th Street Date 12/26/23 Ref. No. S001403266.001 Items Item Description Qty U/M Cost Amount Customer:Job Class METAL ROOFING:UNDERL AYMENT POLYGLASS MTSUNDERLAYMENT 1 122.82 122.82 CITY OF TAMPA-CONTRAC TS:Oak Lawn Cemetery Sexton House 207453 COT Contracts Item Total : 122.82 Bill Total : $122.82 From:Adam Drury To:john_j_russell@homedepot.com Subject:New Project / City of Tampa MLK Gym Date:Thursday, November 9, 2023 2:42:00 PM John, I’m looking for the following. Can you give me a price? Delivering to 2200 N Oregon Avenue Tampa, FL 33607. 104 squares – GAF HDZ Shakewood 3 bundles – GAF Pro Start Adam Drury | Operations Director | Quality Roofing, Inc. 1905 N 40th Street | Tampa, FL 33605 (813) 620-4797 Office | (813) 626-1756 Fax | Adam.Drury@Quality-Roofing.com This message contains confidential information and is intended only for the individual named. If you are not the namedaddressee you should not distribute or copy this e-mail.WARNING! WIRE FRAUD ADVISORY: Wire fraud and email hacking/phishing attacks are on the increase industry wide! If youhave a monetary transaction with us, and you receive an email containing Wire Transfer Instructions, DO NOT RESPOND TOTHE EMAIL! Instead, call Quality Roofing, Inc. immediately, using previously known contact information and NOT informationprovided in the email, to verify the information prior to sending funds. Bill Vendor NB HANDY PO BOX 11407 BIRMINGHAM AL 35246-1653 Bill Due 02/10/24 Terms 2% 10TH NET 2ND EOM Memo CITY OF TAMPA-CONTRACTS:MLK Gym Reroof 207681 Quality Roofing, Inc. Tampa, FL 33605 1905 N 40th Street Date 12/05/23 Ref. No. 8661567 Items Item Description Qty U/M Cost Amount Customer:Job Class GUTTER/DOWNSP OUT:GUTTER COIL:GALVALUME GUTTER COIL 24GA MANSARD BROWN 20" GALVALUME GUTTER COIL 643 3.00042 1,929.27 CITY OF TAMPA-CONTRAC TS:MLK Gym Reroof 207681 COT Contracts Item Total : 1,929.27 Bill Total : $1,929.27 Bill Vendor NB HANDY PO BOX 11407 BIRMINGHAM AL 35246-1653 Bill Due 01/25/24 Terms 2% 1ST 10TH NET 25 PROX Memo CITY OF TAMPA-CONTRACTS:MLK Gym Reroof 207681 Quality Roofing, Inc. Tampa, FL 33605 1905 N 40th Street Date 12/29/23 Ref. No. 8671436 Items Item Description Qty U/M Cost Amount Customer:Job Class METAL FLAT STOCK:GALVALUM E PAINTED 24GA MANSARD BROWN GALVALUME PAINTED 6 84.70333 508.22 CITY OF TAMPA-CONTRAC TS:MLK Gym Reroof 207681 COT Contracts Item Total : 508.22 Bill Total : $508.22 PURCHASE ORDER Date Ordered 11/29/23 P.O. No. QR117203 Vendor NB HANDY PO BOX 11407 BIRMINGHAM AL 35246-1653 Job Name MLK Gym Reroof 2109 North Rome Avenue Tampa, FL 33607 Ordered From Delivery Date 1/13/24 Ship Via Ordered By Total: Description Quantity U/M Rate Amount 24GA MANSARD BROWN 20" GALVALUME GUTTER COIL 643 3.00042 1,929.27 We do not accept deliveries between 11:00 AM - 1:00 PM. Quality Roofing Inc is an Equal Opportunity Employer.$1,929.27 PURCHASE ORDER Date Ordered 12/27/23 P.O. No. QR117339 Vendor NB HANDY PO BOX 11407 BIRMINGHAM AL 35246-1653 Job Name MLK Gym Reroof 2109 North Rome Avenue Tampa, FL 33607 Ordered From Delivery Date 2/25/24 Ship Via Ordered By Total: Description Quantity U/M Rate Amount 24GA MANSARD BROWN GALVALUME PAINTED 6 84.70333 508.22 We do not accept deliveries between 11:00 AM - 1:00 PM. Quality Roofing Inc is an Equal Opportunity Employer.$508.22 From:Adam Drury To:Socrates Giron; pbennett@nbhandy.com Cc:Luis Angeles Arevalo Subject:QR117203 Date:Thursday, November 30, 2023 1:31:00 PM Please place order for the following items and ship to my shop as soon as possible. Please deliver the silversmith sheet along with this order. Let me know lead time also. Thank you, 500 LF – 20” 24ga Mansard Brown Coil Adam Drury | Operations Director | Quality Roofing, Inc. 1905 N 40th Street | Tampa, FL 33605 (813) 620-4797 Office | (813) 626-1756 Fax | Adam.Drury@Quality-Roofing.com This message contains confidential information and is intended only for the individual named. If you are not the named addressee you should not distribute or copy this e-mail.WARNING! WIRE FRAUD ADVISORY: Wire fraud and email hacking/phishing attacks are on the increase industry wide! If youhave a monetary transaction with us, and you receive an email containing Wire Transfer Instructions, DO NOT RESPOND TOTHE EMAIL! Instead, call Quality Roofing, Inc. immediately, using previously known contact information and NOT information provided in the email, to verify the information prior to sending funds. From:Adam Drury To:pbennett@nbhandy.com; Michelle Rodriguez Cc:Luis Angeles Arevalo Subject:QR117339 Date:Wednesday, December 27, 2023 4:49:00 PM Please place order for the following and advise. 6 sheets – 24ga Mansard Brown Flat Stock Adam Drury | Operations Director | Quality Roofing, Inc. 1905 N 40th Street | Tampa, FL 33605 (813) 620-4797 Office | (813) 626-1756 Fax | Adam.Drury@Quality-Roofing.com This message contains confidential information and is intended only for the individual named. If you are not the namedaddressee you should not distribute or copy this e-mail.WARNING! WIRE FRAUD ADVISORY: Wire fraud and email hacking/phishing attacks are on the increase industry wide! If youhave a monetary transaction with us, and you receive an email containing Wire Transfer Instructions, DO NOT RESPOND TOTHE EMAIL! Instead, call Quality Roofing, Inc. immediately, using previously known contact information and NOT informationprovided in the email, to verify the information prior to sending funds. From:Adam Drury To:Ariadna Alvarez; Bob Wilinski Subject:RE: BERRIDGE TPA-10103 RE: 24ga Copper Brown Date:Wednesday, November 15, 2023 4:13:00 PM Attachments:QUALITY ROOFING TPA-10103.pdf Please use PO# QR117156 and place on will call. Thank you, Adam Drury | Operations Director | Quality Roofing, Inc. 1905 N 40th Street | Tampa, FL 33605 (813) 620-4797 Office | (813) 626-1756 Fax | Adam.Drury@Quality-Roofing.com This message contains confidential information and is intended only for the individual named. If you are not the named addressee you should not distribute or copy this e-mail.WARNING! WIRE FRAUD ADVISORY: Wire fraud and email hacking/phishing attacks are on the increase industry wide! If youhave a monetary transaction with us, and you receive an email containing Wire Transfer Instructions, DO NOT RESPOND TOTHE EMAIL! Instead, call Quality Roofing, Inc. immediately, using previously known contact information and NOT information provided in the email, to verify the information prior to sending funds. From: Ariadna Alvarez <AAlvarez@Berridge.com> Sent: Wednesday, November 15, 2023 2:54 PM To: Adam Drury <Adam.Drury@Quality-Roofing.com>; Bob Wilinski <BWilinski@Berridge.com> Subject: BERRIDGE TPA-10103 RE: 24ga Copper Brown Adam: Yes, we have them here. I have attached an order confirmation, please sign it and send it back with a PO#. Thank you. Ariadna Alvarez | Branch Manager Berridge Florida Sales Corporation 8802 Venture Cove,Tampa FL 33637 ( 813-335-4505 Office | *AAlvarez@berridge.com logo From: Adam Drury <Adam.Drury@Quality-Roofing.com> Sent: Wednesday, November 15, 2023 10:41 AM To: Ariadna Alvarez <AAlvarez@Berridge.com>; Bob Wilinski <BWilinski@Berridge.com> Subject: 24ga Copper Brown Do you have 20 sheet’s of 24ga Copper Brown available? Adam Drury | Operations Director | Quality Roofing, Inc. 1905 N 40th Street | Tampa, FL 33605 (813) 620-4797 Office | (813) 626-1756 Fax | Adam.Drury@Quality-Roofing.com This message contains confidential information and is intended only for the individual named. If you are not the namedaddressee you should not distribute or copy this e-mail.WARNING! WIRE FRAUD ADVISORY: Wire fraud and email hacking/phishing attacks are on the increase industry wide! If youhave a monetary transaction with us, and you receive an email containing Wire Transfer Instructions, DO NOT RESPOND TOTHE EMAIL! Instead, call Quality Roofing, Inc. immediately, using previously known contact information and NOT informationprovided in the email, to verify the information prior to sending funds. From:Adam Drury To:Ariadna Alvarez; Bob Wilinski Cc:Rick Jenkins; Nathan Cole; Lauren Willmar Subject:Sexton House / QR116699 Date:Wednesday, August 9, 2023 2:08:00 PM Attachments:SEXTON Job-Data-Form-4_4_2023.pdf Importance:High Ariadna, Please see attached job data form and place order for the following items on PO# QR116699. Please ship directly to our shop and advise on lead time. Thank you, 10-Sq - Berridge 24-gauge Victorian Shingles galvalume MF 330’ - J-Clip 6 sheets – 24ga galvalume MF matching shingles Adam Drury | Operations Director | Quality Roofing, Inc. 1905 N 40th Street | Tampa, FL 33605 (813) 620-4797 Office | (813) 626-1756 Fax | Adam.Drury@Quality-Roofing.com This message contains confidential information and is intended only for the individual named. If you are not the named addressee you should not distribute or copy this e-mail.WARNING! WIRE FRAUD ADVISORY: Wire fraud and email hacking/phishing attacks are on the increase industry wide! If youhave a monetary transaction with us, and you receive an email containing Wire Transfer Instructions, DO NOT RESPOND TOTHE EMAIL! Instead, call Quality Roofing, Inc. immediately, using previously known contact information and NOT information provided in the email, to verify the information prior to sending funds. BERRIDGE MANUFACTURING COMPANY JOB DATA INFORMATION FORM IMPORTANT: Your order may be delayed if this Job Data Form is not completed and returned with the signed order confirmation. Fax to: (210) 650-0379 JD#: ______________ PRODUCT/SYSTEM: NAME: NAME: LENDER / BONDING COMPANY NAME: IS THIS JOB BONDED? ☐ NO ☐ YES IF YES, COMPLETE THE FOLLOWING INFORMATION BELOW: BOND TYPE: ☐ PRIVATE ☐ PUBLIC ☐ FEDERAL NAME: NAME: COMPANY NAME: NAME: CITY/STATE/ZIP: CITY/STATE/ZIP: CITY/STATE/ZIP: CITY/STATE/ZIP: CITY/STATE/ZIP: CITY/STATE/ZIP: CITY/STATE/ZIP: PHYSICAL ADDRESS (MAY NOT BE PO BOX): ADDRESS: ADDRESS: ADDRESS: ADDRESS: CONTACT: CONTACT: ADDRESS: ADDRESS: PHONE NUMBER: PHONE NUMBER: BOND NUMBER: PHONE NUMBER: PHONE NUMBER: PHONE NUMBER: PHONE/FAX NUMBER: CUSTOMER CODE: COLOR:WORK ORDER #:NUMBER OF SQUARES: JOB NAME GENERAL CONTRACTOR LENDER / BOND INFORMATION BUILDING OWNER BERRIDGE CUSTOMER ARCHITECT ROOFING CONTRACTOR / INSTALLER CERTIFICATION: The signature below is verification that all information shown above is true and acceptable for use in filing property liens, if necessary, to secure payment on material and/or labor. Authorized Signature: Date: BERRIDGE MANUFACTURING COMPANY 2610 Harry Wurzbach Road, San Antonio, TX 78209 | (800) 669-0009 | Fax: (210) 650-0379 *If in California, lender information must be provided Rev. 04.4.2023 Victorian Shingle Galvalume 10 City of Tampa - Oak Lawn Cemetery - Sexton House 606 East Harrison Street Tampa, FL 33602 City of Tampa 306 East Jackson Street Tampa, FL 33602 813-274-7850 Quality Roofing, Inc. 1905 N. 40th Street Tampa, FL 33605 813-620-4797 Quality Roofing, Inc. Adam Drury 1905 N. 40th Street Tampa, FL 33605 08/09/2023 Bill Vendor SIPLAST INC JOB ACCOUNT: NEW TAMPA REC CTR PO BOX 971925 DALLAS, TX 75397-1925 Bill Due 10/27/23 Terms 2% 30 NET 60 Memo CITY OF TAMPA-CONTRACTS:New Tampa Recreation Center Reroof 207680 Quality Roofing, Inc. Tampa, FL 33605 1905 N 40th Street Date 09/27/23 Ref. No. 11710748 Items Item Description Qty U/M Cost Amount Customer:Job Class INSULATION:INSUL ATION FASTENERS (500/PK) PARAFAST HD #14 6" (BOX) INSULATION FASTENER 5 144.286 721.43 CITY OF TAMPA-CONTRAC TS:New Tampa Recreation Center Reroof 207680 COT Contracts Item Total : 721.43 Bill Total : $721.43 Bill Vendor SIPLAST INC JOB ACCOUNT: NEW TAMPA REC CTR PO BOX 971925 DALLAS, TX 75397-1925 Bill Due 10/27/23 Terms 2% 30 NET 60 Memo CITY OF TAMPA-CONTRACTS:New Tampa Recreation Center Reroof 207680 Quality Roofing, Inc. Tampa, FL 33605 1905 N 40th Street Date 09/27/23 Ref. No. 11710749 Items Item Description Qty U/M Cost Amount Customer:Job Class INSULATION:INSUL ATION FASTENERS (500/PK) PARAFAST HD #14 8" (BOX) INSULATION FASTENER 5 412.23 2,061.15 CITY OF TAMPA-CONTRAC TS:New Tampa Recreation Center Reroof 207680 COT Contracts Item Total : 2,061.15 Bill Total : $2,061.15 Bill Vendor SIPLAST INC JOB ACCOUNT: NEW TAMPA REC CTR PO BOX 971925 DALLAS, TX 75397-1925 Bill Due 10/27/23 Terms 2% 30 NET 60 Memo CITY OF TAMPA-CONTRACTS:New Tampa Recreation Center Reroof 207680 Quality Roofing, Inc. Tampa, FL 33605 1905 N 40th Street Date 09/27/23 Ref. No. 11710750 Items Item Description Qty U/M Cost Amount Customer:Job Class INSULATION:INSUL ATION FASTENERS (500/PK) PARAFAST HD #14 10" (BOX) INSULATION FASTENER 2 774.5 1,549.00 CITY OF TAMPA-CONTRAC TS:New Tampa Recreation Center Reroof 207680 COT Contracts Item Total : 1,549.00 Bill Total : $1,549.00 Bill Vendor SIPLAST INC JOB ACCOUNT: PORT TAMPA COMMUNITY CTR PO BOX 971925 DALLAS, TX 75397-1925 Bill Due 11/26/23 Terms 2% 30 NET 60 Memo CITY OF TAMPA-CONTRACTS:Port Tampa Community Center Reroof 207679 Quality Roofing, Inc. Tampa, FL 33605 1905 N 40th Street Date 09/27/23 Ref. No. 11710798 Items Item Description Qty U/M Cost Amount Customer:Job Class MANUFACTURER WARRANTY 50 SI - EXTENDED GUARANTEE 20 YEARS - MANUFACTURER WARRANTY 70 9.00 630.00 CITY OF TAMPA-CONTRAC TS:Port Tampa Community Center Reroof 207679 COT Contracts Item Total : 630.00 Bill Total : $630.00 Bill Vendor SIPLAST INC JOB ACCOUNT: NEW TAMPA REC CTR PO BOX 971925 DALLAS, TX 75397-1925 Bill Due 11/05/23 Terms 2% 30 NET 60 Memo CITY OF TAMPA-CONTRACTS:New Tampa Recreation Center Reroof 207680 Quality Roofing, Inc. Tampa, FL 33605 1905 N 40th Street Date 10/06/23 Ref. No. 11723600 Items Item Description Qty U/M Cost Amount Customer:Job Class MODIFIED BITUMEN:TORCH INTERPLY PARADIENE 20 TG TORCH INTERPLY 100 102.8716 10,287.16 CITY OF TAMPA-CONTRAC TS:New Tampa Recreation Center Reroof 207680 COT Contracts MODIFIED BITUMEN:TORCH CAP PARADIENE 30 FR TG BW-W TAG - TORCH CAP 125 155.80976 19,476.22 CITY OF TAMPA-CONTRAC TS:New Tampa Recreation Center Reroof 207680 COT Contracts MODIFIED BITUMEN:MODIFIE D ROOFING CEMENT MODIFIED ROOFING CEMENT [TROWEL GRADE] 4 85.0375 340.15 CITY OF TAMPA-CONTRAC TS:New Tampa Recreation Center Reroof 207680 COT Contracts ASPHALT PRODUCTS:ASPHA LT PRIMER ASPHALT PRIMER 4 138.0825 552.33 CITY OF TAMPA-CONTRAC TS:New Tampa Recreation Center Reroof 207680 COT Contracts MODIFIED BITUMEN:TORCH CAP VERAL ALUMINUM - TORCH CAP 20 163.102 3,262.04 CITY OF TAMPA-CONTRAC TS:New Tampa Recreation Center Reroof 207680 COT Contracts SALES TAX,SHIPPING,HA NDLING:SHIPPING CHARGE FREIGHT SURCHARGE - SHIPPING CHARGE 1 400 400.00 CITY OF TAMPA-CONTRAC TS:New Tampa Recreation Center Reroof 207680 COT Contracts Item Total : 34,317.90 Bill Total : $34,317.90 Bill Vendor SIPLAST INC JOB ACCOUNT: PORT TAMPA COMMUNITY CTR PO BOX 971925 DALLAS, TX 75397-1925 Bill Due 11/23/23 Terms 2% 30 NET 60 Memo CITY OF TAMPA-CONTRACTS:Port Tampa Community Center Reroof 207679 Quality Roofing, Inc. Tampa, FL 33605 1905 N 40th Street Date 10/24/23 Ref. No. 11746276 Items Item Description Qty U/M Cost Amount Customer:Job Class MODIFIED BITUMEN:TORCH INTERPLY PARADIENE 20 TG TAG -TORCH INTERPLY 100 102.89 10,289.00 CITY OF TAMPA-CONTRAC TS:Port Tampa Community Center Reroof 207679 COT Contracts MODIFIED BITUMEN:TORCH CAP PARADIEN 30 FR TG BW-2 TAG - TORCH CAP 115 155.79765 17,916.73 CITY OF TAMPA-CONTRAC TS:Port Tampa Community Center Reroof 207679 COT Contracts MODIFIED BITUMEN:MODIFIE D ROOFING CEMENT PA-1021 PLASTIC - MODIFIED ROOFING CEMENT [TROWEL GRADE] 4 85.0025 340.01 CITY OF TAMPA-CONTRAC TS:Port Tampa Community Center Reroof 207679 COT Contracts ASPHALT PRODUCTS:ASPHA LT PRIMER ASPHALT PRIMER 3 138.08667 414.26 CITY OF TAMPA-CONTRAC TS:Port Tampa Community Center Reroof 207679 COT Contracts MODIFIED BITUMEN:TORCH CAP VERAL ALUMINUM - TORCH CAP 20 163.109 3,262.18 CITY OF TAMPA-CONTRAC TS:Port Tampa Community Center Reroof 207679 COT Contracts MODIFIED BITUMEN:GRANUL ES GRANULES 15 97.128 1,456.92 CITY OF TAMPA-CONTRAC TS:Port Tampa Community Center Reroof 207679 COT Contracts Page 1 Bill Vendor SIPLAST INC JOB ACCOUNT: PORT TAMPA COMMUNITY CTR PO BOX 971925 DALLAS, TX 75397-1925 Bill Due 11/23/23 Terms 2% 30 NET 60 Memo CITY OF TAMPA-CONTRACTS:Port Tampa Community Center Reroof 207679 Quality Roofing, Inc. Tampa, FL 33605 1905 N 40th Street Date 10/24/23 Ref. No. 11746276 Items Item Description Qty U/M Cost Amount Customer:Job Class SALES TAX,SHIPPING,HA NDLING:SHIPPING CHARGE FREIGHT CHARGE 1 200 200.00 CITY OF TAMPA-CONTRAC TS:Port Tampa Community Center Reroof 207679 COT Contracts Page 2 Item Total : 33,879.10 Bill Total : $33,879.10 Bill Vendor SIPLAST INC JOB ACCOUNT: MLK GYM REROOF PO BOX 971925 DALLAS, TX 75397-1925 Bill Due 11/23/23 Terms 2% 30 NET 60 Memo CITY OF TAMPA-CONTRACTS:MLK Gym Reroof 207681 Quality Roofing, Inc. Tampa, FL 33605 1905 N 40th Street Date 10/24/23 Ref. No. 11746277 Items Item Description Qty U/M Cost Amount Customer:Job Class MODIFIED BITUMEN:SA BASE PARADIENE 20 TG - SA BASE 10 97.648 976.48 CITY OF TAMPA-CONTRAC TS:MLK Gym Reroof 207681 COT Contracts MODIFIED BITUMEN:SA BASE PARADIENE 20 SA - TAG - SA BASE 75 150.41747 11,281.31 CITY OF TAMPA-CONTRAC TS:MLK Gym Reroof 207681 COT Contracts MODIFIED BITUMEN:TORCH CAP PARADIENE 30 FR TG CBRNA556TAG - TORCH CAP 100 124.7782 12,477.82 CITY OF TAMPA-CONTRAC TS:MLK Gym Reroof 207681 COT Contracts MODIFIED BITUMEN:MODIFIE D ROOFING CEMENT MODIFIED ROOFING CEMENT [TROWEL GRADE] 2 85.07 170.14 CITY OF TAMPA-CONTRAC TS:MLK Gym Reroof 207681 COT Contracts ASPHALT PRODUCTS:ASPHA LT PRIMER ASPHALT PRIMER 2 138.09 276.18 CITY OF TAMPA-CONTRAC TS:MLK Gym Reroof 207681 COT Contracts MODIFIED BITUMEN:NAILABL E BASE PARABASE PLUS - NAILABLE BASE 25 159.3872 3,984.68 CITY OF TAMPA-CONTRAC TS:MLK Gym Reroof 207681 COT Contracts MODIFIED BITUMEN:TORCH CAP VERAL ALUMINUM - TORCH CAP 10 158.955 1,589.55 CITY OF TAMPA-CONTRAC TS:MLK Gym Reroof 207681 COT Contracts MODIFIED BITUMEN:GRANUL ES GRANULES 6 30.51167 183.07 CITY OF TAMPA-CONTRAC TS:MLK Gym Reroof 207681 COT Contracts Page 1 Bill Vendor SIPLAST INC JOB ACCOUNT: MLK GYM REROOF PO BOX 971925 DALLAS, TX 75397-1925 Bill Due 11/23/23 Terms 2% 30 NET 60 Memo CITY OF TAMPA-CONTRACTS:MLK Gym Reroof 207681 Quality Roofing, Inc. Tampa, FL 33605 1905 N 40th Street Date 10/24/23 Ref. No. 11746277 Items Item Description Qty U/M Cost Amount Customer:Job Class SALES TAX,SHIPPING,HA NDLING:SHIPPING CHARGE FREIGHT CHARGE 1 200.00 200.00 CITY OF TAMPA-CONTRAC TS:MLK Gym Reroof 207681 COT Contracts Page 2 Item Total : 31,139.23 Bill Total : $31,139.23 Bill Vendor SIPLAST INC JOB ACCOUNT: NEW TAMPA REC CTR PO BOX 971925 DALLAS, TX 75397-1925 Bill Due 12/30/23 Terms 2% 30 NET 60 Memo CITY OF TAMPA-CONTRACTS:New Tampa Recreation Center Reroof 207680 Quality Roofing, Inc. Tampa, FL 33605 1905 N 40th Street Date 11/30/23 Ref. No. 11789699 Items Item Description Qty U/M Cost Amount Customer:Job Class INSULATION:ISO:IS O TAPERED SYSTEM PARATHERM ISO TAPERED SYSTEM CONSISTING OF 88.32 SQ OF PARATHERM ISO 2.0"X4'X4', 388 PC OF PARA... 1 18,056.76 18,056.76 CITY OF TAMPA-CONTRAC TS:New Tampa Recreation Center Reroof 207680 COT Contracts SALES TAX,SHIPPING,HA NDLING:SHIPPING CHARGE FREIGHT CHARGE 1 400 400.00 CITY OF TAMPA-CONTRAC TS:New Tampa Recreation Center Reroof 207680 COT Contracts Item Total : 18,456.76 Bill Total : $18,456.76 Bill Vendor SIPLAST INC JOB ACCOUNT: NEW TAMPA REC CTR PO BOX 971925 DALLAS, TX 75397-1925 Bill Due 12/30/23 Terms 2% 30 NET 60 Memo CITY OF TAMPA-CONTRACTS:New Tampa Recreation Center Reroof 207680 Quality Roofing, Inc. Tampa, FL 33605 1905 N 40th Street Date 11/30/23 Ref. No. 11789700 Items Item Description Qty U/M Cost Amount Customer:Job Class INSULATION:ISO:IS O TAPERED SYSTEM ISO TAPERED SYSTEM CONSISTING OF 17.76 SQ OF PARATHERM 2.0"X4'X4', 86.4 SQ OF PARATHERM ISO 3.0... 1 14,133.14 14,133.14 CITY OF TAMPA-CONTRAC TS:New Tampa Recreation Center Reroof 207680 COT Contracts SALES TAX,SHIPPING,HA NDLING:SHIPPING CHARGE ADDITIONAL FREIGHT CHARGE CHARGE 1 204.00 204.00 CITY OF TAMPA-CONTRAC TS:New Tampa Recreation Center Reroof 207680 COT Contracts SALES TAX,SHIPPING,HA NDLING:SHIPPING CHARGE FREIGHT CHARGE 1 400.00 400.00 CITY OF TAMPA-CONTRAC TS:New Tampa Recreation Center Reroof 207680 COT Contracts Item Total : 14,737.14 Bill Total : $14,737.14 Bill Vendor SIPLAST INC JOB ACCOUNT: MLK GYM REROOF PO BOX 971925 DALLAS, TX 75397-1925 Bill Due 02/06/24 Terms 2% 30 NET 60 Memo CITY OF TAMPA-CONTRACTS:MLK Gym Reroof 207681 Quality Roofing, Inc. Tampa, FL 33605 1905 N 40th Street Date 12/08/23 Ref. No. 11797242 Items Item Description Qty U/M Cost Amount Customer:Job Class MANUFACTURER WARRANTY MANUFACTURER WARRANTY 20 YEARS 60 6 360.00 CITY OF TAMPA-CONTRAC TS:MLK Gym Reroof 207681 COT Contracts Item Total : 360.00 Bill Total : $360.00 Bill Vendor SIPLAST INC JOB ACCOUNT: PORT TAMPA COMMUNITY CTR PO BOX 971925 DALLAS, TX 75397-1925 Bill Due 01/27/24 Terms 2% 30 NET 60 Memo CITY OF TAMPA-CONTRACTS:Port Tampa Community Center Reroof 207679 Quality Roofing, Inc. Tampa, FL 33605 1905 N 40th Street Date 12/19/23 Ref. No. 11808334 Items Item Description Qty U/M Cost Amount Customer:Job Class INSULATION:INSUL ATION FASTENERS (500/PK) 7" INSULATION FASTENER 1M 4 325.8325 1,303.33 CITY OF TAMPA-CONTRAC TS:Port Tampa Community Center Reroof 207679 COT Contracts INSULATION:INSUL ATION FASTENERS (500/PK) 9" INSULATION FASTENER 5C 2 226.15 452.30 CITY OF TAMPA-CONTRAC TS:Port Tampa Community Center Reroof 207679 COT Contracts INSULATION:INSUL ATION FASTENERS (500/PK) 11" INSULATION FASTENER 1 395.29 395.29 CITY OF TAMPA-CONTRAC TS:Port Tampa Community Center Reroof 207679 COT Contracts INSULATION:INSUL ATION FASTENERS (500/PK) 14" INSULATION FASTENER 2 235.705 471.41 CITY OF TAMPA-CONTRAC TS:Port Tampa Community Center Reroof 207679 COT Contracts SALES TAX,SHIPPING,HA NDLING:SHIPPING CHARGE LTTF FREIGHT CHARGE 1 209.79 209.79 CITY OF TAMPA-CONTRAC TS:Port Tampa Community Center Reroof 207679 COT Contracts Item Total : 2,832.12 Bill Total : $2,832.12 Bill Vendor SIPLAST INC JOB ACCOUNT: PORT TAMPA COMMUNITY CTR PO BOX 971925 DALLAS, TX 75397-1925 Bill Due 01/27/24 Terms 2% 30 NET 60 Memo CITY OF TAMPA-CONTRACTS:Port Tampa Community Center Reroof 207679 Quality Roofing, Inc. Tampa, FL 33605 1905 N 40th Street Date 12/28/23 Ref. No. 11815793 Items Item Description Qty U/M Cost Amount Customer:Job Class INSULATION:ISO:IS O FILL PANEL 3.5" ISO FILL PANEL 70.72 166.15554 11,750.52 CITY OF TAMPA-CONTRAC TS:Port Tampa Community Center Reroof 207679 COT Contracts SALES TAX,SHIPPING,HA NDLING:SHIPPING CHARGE FREIGHT SURCHARGE 1 350 350.00 CITY OF TAMPA-CONTRAC TS:Port Tampa Community Center Reroof 207679 COT Contracts Item Total : 12,100.52 Bill Total : $12,100.52 Bill Vendor SIPLAST INC JOB ACCOUNT: PORT TAMPA COMMUNITY CTR PO BOX 971925 DALLAS, TX 75397-1925 Bill Due 01/27/24 Terms 2% 30 NET 60 Memo CITY OF TAMPA-CONTRACTS:Port Tampa Community Center Reroof 207679 Quality Roofing, Inc. Tampa, FL 33605 1905 N 40th Street Date 12/28/23 Ref. No. 11815795 Items Item Description Qty U/M Cost Amount Customer:Job Class INSULATION:ISO:IS O TAPERED SYSTEM PANTHERM TAPERED SYSTEM CONSISTING OF; 4.8 SQ ISO 2.0"X4'X4', 96 Q PANELS 1 1,889.59 1,889.59 CITY OF TAMPA-CONTRAC TS:Port Tampa Community Center Reroof 207679 COT Contracts SALES TAX,SHIPPING,HA NDLING:SHIPPING CHARGE FREIGHT SURCHARGE 1 50 50.00 CITY OF TAMPA-CONTRAC TS:Port Tampa Community Center Reroof 207679 COT Contracts Item Total : 1,939.59 Bill Total : $1,939.59 PURCHASE ORDER Date Ordered 9/18/23 P.O. No. QR116890 Vendor 207680 NEW TAMPA RECREATION CENTER 17302 COMMERCIAL PARK BLVD TAMPA, FL 33647 Job Name New Tampa Recreation Center Reroof 17302 Commerce Park Boulevard Tampa, FL 33647 Ordered From Delivery Date 11/17/23 Ship Via Ordered By Total: Description Quantity U/M Rate Amount TORCH INTERPLY 100 102.8716 10,287.16 PARAFAST HD #14 8" (BOX) INSULATION FASTENER 5 412.23 2,061.15 PARAFAST HD #14 10" (BOX) INSULATION FASTENER 2 774.50 1,549.00 PARAFAST HD #14 6" (BOX) INSULATION FASTENER 5 144.286 721.43 PARADIENE 30 FR TG BW-W TAG - TORCH CAP 125 155.80976 19,476.22 MODIFIED ROOFING CEMENT [TROWEL GRADE]4 85.0375 340.15 ASPHALT PRIMER 4 138.0825 552.33 VERAL ALUMINUM - TORCH CAP 20 163.102 3,262.04 FREIGHT SURCHARGE - SHIPPING CHARGE 1 400.00 400.00 PARATHERM ISO TAPERED SYSTEM CONSISTING OF 88.32 SQ OF PARATHERM ISO 2.0"X4'X4', 388 PC OF PARATHERM ISO PANEL X, 295 PC OF PARATHERM ISO PANEL Y, 7PC OF PARATHERM ISO PANEL Q 1 18,056.76 18,056.76 FREIGHT CHARGE 1 400.00 400.00 ISO TAPERED SYSTEM CONSISTING OF 17.76 SQ OF PARATHERM 2.0"X4'X4', 86.4 SQ OF PARATHERM ISO 3.0"X4'X4' 1 13,133.14 13,133.14 ADDITIONAL FREIGHT CHARGE CHARGE 1 204.00 204.00 FREIGHT CHARGE 1 400.00 400.00 We do not accept deliveries between 11:00 AM - 1:00 PM. Quality Roofing Inc is an Equal Opportunity Employer.$70,843.38 PURCHASE ORDER Date Ordered 9/26/23 P.O. No. QR116917 Vendor 207679 PORT TAMPA COMMUNITY CENTER 4702 WEST MCCOY STREET TAMPA, FL 33616 Job Name Port Tampa Community Center Reroof 4702 West McCoy Street Tampa, FL 33616 Ordered From Delivery Date 11/25/23 Ship Via Ordered By Total: Description Quantity U/M Rate Amount PARADIENE 20 TG TAG -TORCH INTERPLY 100 102.89 10,289.00 PARADIEN 30 FR TG BW-2 TAG - TORCH CAP 115 155.79765 17,916.73 PA-1021 PLASTIC - MODIFIED ROOFING CEMENT [TROWEL GRADE] 4 85.0025 340.01 ASPHALT PRIMER 3 138.08667 414.26 VERAL ALUMINUM - TORCH CAP 20 163.109 3,262.18 GRANULES 15 97.128 1,456.92 FREIGHT CHARGE 1 200.00 200.00 We do not accept deliveries between 11:00 AM - 1:00 PM. Quality Roofing Inc is an Equal Opportunity Employer.$33,879.10 PURCHASE ORDER Date Ordered 9/26/23 P.O. No. QR116921 Vendor 207681 MARTIN LUTHER KING JR GYMNASIUM 2109 NORTH ROME TAMPA, FL 33607 Job Name MLK Gym Reroof 2109 North Rome Avenue Tampa, FL 33607 Ordered From Delivery Date 11/25/23 Ship Via Ordered By Total: Description Quantity U/M Rate Amount PARADIENE 20 TG - SA BASE 10 97.648 976.48 PARADIENE 20 SA - TAG - SA BASE 75 150.41747 11,281.31 PARADIENE 30 FR TG CBRNA556TAG - TORCH CAP 100 124.7782 12,477.82 MODIFIED ROOFING CEMENT [TROWEL GRADE]2 85.07 170.14 ASPHALT PRIMER 2 138.09 276.18 PARABASE PLUS - NAILABLE BASE 25 159.3872 3,984.68 VERAL ALUMINUM - TORCH CAP 10 158.955 1,589.55 GRANULES 6 30.51167 183.07 FREIGHT CHARGE 1 200.00 200.00 We do not accept deliveries between 11:00 AM - 1:00 PM. Quality Roofing Inc is an Equal Opportunity Employer.$31,139.23 PURCHASE ORDER Date Ordered 12/13/23 P.O. No. QR117260 Vendor 207681 MARTIN LUTHER KING JR GYMNASIUM 2109 NORTH ROME TAMPA, FL 33607 Job Name Quality Roofing, Inc. 1905 North 40th Street Tampa, FL 33605 Ordered From Delivery Date 2/11/24 Ship Via Ordered By Total: Description Quantity U/M Rate Amount MANUFACTURER WARRANTY 20 YEARS 60 6.00 360.00 We do not accept deliveries between 11:00 AM - 1:00 PM. Quality Roofing Inc is an Equal Opportunity Employer.$360.00 PURCHASE ORDER Date Ordered 12/13/23 P.O. No. QR117265 Vendor 207679 PORT TAMPA COMMUNITY CENTER 4702 WEST MCCOY STREET TAMPA, FL 33616 Job Name Port Tampa Community Center Reroof 4702 West McCoy Street Tampa, FL 33616 Ordered From Delivery Date 2/11/24 Ship Via Ordered By Total: Description Quantity U/M Rate Amount 3.5" ISO FILL PANEL 70.72 166.15554 11,750.52 FREIGHT SURCHARGE 1.00 350.00 350.00 PANTHERM TAPERED SYSTEM CONSISTING OF; 4.8 SQ ISO 2.0"X4'X4', 96 Q PANELS 1.00 1,889.59 1,889.59 FREIGHT SURCHARGE 1.00 50.00 50.00 We do not accept deliveries between 11:00 AM - 1:00 PM. Quality Roofing Inc is an Equal Opportunity Employer.$14,040.11 PURCHASE ORDER Date Ordered 12/13/23 P.O. No. QR117267 Vendor 207679 PORT TAMPA COMMUNITY CENTER 4702 WEST MCCOY STREET TAMPA, FL 33616 Job Name Port Tampa Community Center Reroof 4702 West McCoy Street Tampa, FL 33616 Ordered From Delivery Date 2/11/24 Ship Via Ordered By Total: Description Quantity U/M Rate Amount 7" INSULATION FASTENER 1M 4 325.8325 1,303.33 9" INSULATION FASTENER 5C 2 226.15 452.30 11" INSULATION FASTENER 1 395.29 395.29 14" INSULATION FASTENER 2 235.705 471.41 LTTF FREIGHT CHARGE 1 209.79 209.79 We do not accept deliveries between 11:00 AM - 1:00 PM. Quality Roofing Inc is an Equal Opportunity Employer.$2,832.12 Bill Vendor SPEC BUILDING MATERIALS JOB ACCOUNT: NEW TAMPA REC CTR 2840 ROE LN KANSAS CITY, KS 11603 Bill Due 02/10/24 Terms Memo CITY OF TAMPA-CONTRACTS:New Tampa Recreation Center Reroof 207680 Quality Roofing, Inc. Tampa, FL 33605 1905 N 40th Street Date 12/01/23 Ref. No. 275620 Items Item Description Qty U/M Cost Amount Customer:Job Class Page 1 INSULATION:CANT STRIP CANT STRIP 9 FT 63.90778 575.17 CITY OF TAMPA-CONTRAC TS:New Tampa Recreation Center Reroof 207680 COT Contracts INSULATION:DENS DECK/SECUROCK DENS DECK/SECUROCK 270 31.79844 8,585.58 CITY OF TAMPA-CONTRAC TS:New Tampa Recreation Center Reroof 207680 COT Contracts SALES TAX,SHIPPING,HA NDLING:HANDLING /PALLET CHARGE CRANE DELIVERY 1 85.00 85.00 CITY OF TAMPA-CONTRAC TS:New Tampa Recreation Center Reroof 207680 COT Contracts Item Total : 9,245.75 Bill Vendor SPEC BUILDING MATERIALS JOB ACCOUNT: NEW TAMPA REC CTR 2840 ROE LN KANSAS CITY, KS 11603 Bill Due 02/10/24 Terms Memo CITY OF TAMPA-CONTRACTS:New Tampa Recreation Center Reroof 207680 Quality Roofing, Inc. Tampa, FL 33605 1905 N 40th Street Date 12/01/23 Ref. No. 275620 Expenses Account Memo Amount Customer:Job Class AP Discount -86.07 COT Contracts AP Discount -6,368.03 COT Contracts Page 2 Expense Total : -6,454.10 Bill Total : $2,791.65 Bill Vendor SPEC BUILDING MATERIALS JOB ACCOUNT: NEW TAMPA REC CTR 2840 ROE LN KANSAS CITY, KS 11603 Bill Due 02/10/24 Terms Memo CITY OF TAMPA-CONTRACTS:New Tampa Recreation Center Reroof 207680 Quality Roofing, Inc. Tampa, FL 33605 1905 N 40th Street Date 12/01/23 Ref. No. 275621 Items Item Description Qty U/M Cost Amount Customer:Job Class INSULATION:INSUL ATION FASTENERS (500/PK) INSULATION FASTENER 2 492.63 985.26 CITY OF TAMPA-CONTRAC TS:New Tampa Recreation Center Reroof 207680 COT Contracts Item Total : 985.26 Bill Total : $985.26 Bill Vendor SPEC BUILDING MATERIALS JOB ACCOUNT: NEW TAMPA REC CTR 2840 ROE LN KANSAS CITY, KS 11603 Bill Due 03/10/24 Terms 1% 2nd 10th EOM Memo CITY OF TAMPA-CONTRACTS:New Tampa Recreation Center Reroof 207680 Quality Roofing, Inc. Tampa, FL 33605 1905 N 40th Street Date 01/04/24 Ref. No. 305691 Items Item Description Qty U/M Cost Amount Customer:Job Class FASTENERS:WOO D FASTENER GAF #14 6" SCREW 500PER - WOOD FASTENER 1 171.85 171.85 CITY OF TAMPA-CONTRAC TS:New Tampa Recreation Center Reroof 207680 COT Contracts FASTENERS:WOO D FASTENER GAF #14 10" SCREW 500 PER - WOOD FASTENER 1 492.63 492.63 CITY OF TAMPA-CONTRAC TS:New Tampa Recreation Center Reroof 207680 COT Contracts FASTENERS:WOO D FASTENER GAF #14 12" SCREW 250 PER - WOOD FASTENER 1 292.15 292.15 CITY OF TAMPA-CONTRAC TS:New Tampa Recreation Center Reroof 207680 COT Contracts Item Total : 956.63 Bill Total : $956.63 From:Adam Drury To:Josh Garcia; Alian Gonzalez Cc:Danelle Ohsiek; Lauren Willmar; John Garrison; David Placensio Subject:New Tampa Recreation Center / New Project / QR117140 Date:Wednesday, November 15, 2023 7:33:00 AM Attachments:Roofing Services Resolution- Fully Executed 06.12.23.pdfCOT Contract Purchase Agreement 070623-053024.pdf Importance:High Josh/Alian, Please place order for the following and set for delivery with the crane on Friday December 1st. This is a City of Tampa project located at 17302 Commerce Park Boulevard Tampa, FL 33647. This job is a project I have a truck of insulation coming for that I need SPEC crane to load the densdeck and this material for me. I also have about 8 pallets of rolls coming from my shop. It will be a half day of loading from 8:00 am-1:00 pm most likely. Let me know what more you need from me to set this up. Thank you, 9 bundles – 4” CANT STRIP 85 squares – ½” Densdeck Prime 4x4 or 4x8 Adam Drury | Operations Director | Quality Roofing, Inc. 1905 N 40th Street | Tampa, FL 33605 (813) 620-4797 Office | (813) 626-1756 Fax | Adam.Drury@Quality-Roofing.com This message contains confidential information and is intended only for the individual named. If you are not the named addressee you should not distribute or copy this e-mail.WARNING! WIRE FRAUD ADVISORY: Wire fraud and email hacking/phishing attacks are on the increase industry wide! If youhave a monetary transaction with us, and you receive an email containing Wire Transfer Instructions, DO NOT RESPOND TOTHE EMAIL! Instead, call Quality Roofing, Inc. immediately, using previously known contact information and NOT information provided in the email, to verify the information prior to sending funds. Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#24-1063 Agenda Date: 9/4/2024 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Fire Department Agenda Number: 6.16 SUBJECT/RECOMMENDATION: Approve an Event License Agreement between Jones Lang LaSalle Americas, Inc., in its capacity as agent for the owner of the premises known as Countryside Mall, located at 27001 US Highway 19 North, Clearwater, Florida, and the City of Clearwater for the purpose of hosting the Emergency Vehicle Operations Refresher Course (EVORC) as part of Clearwater Fire and Rescue’s vehicle operations training program September 6, 2024 through September 24, 2024, located at the Countryside Mall, and authorize the appropriate officials to execute same. (consent) SUMMARY: Jones Lang LaSalle Americas, Inc. and the Clearwater Fire & Rescue have entered into a license agreement to allow the fire department access to use the property at Countryside Mall during the Emergency Vehicle Operations Refresher Course (EVORC) as part of Clearwater Fire & Rescue’s vehicle operations training program September 6, 2024 through September 24, 2024. The property manager requests Clearwater Fire & Rescue (CFR) agree to the terms and conditions outlined in the Event License Agreement between Jones Lang LaSalle Americas, Inc., and CFR. Additionally, the property manager requests CFR hold harmless Jones Lang LaSalle Americas, Inc. from and against any and all loss liability, damage, cost or expense arising out of or related to CFR’s use of the property. Nothing in the agreement, however, shall be deemed a waiver of the limitations on liability contained in Section 768.28, Florida Statutes, or the doctrine of sovereign immunity. There are no costs associated with this Event License Agreement. STRATEGIC PRIORITY: Foster safe and healthy communities in Clearwater through first-class public safety and emergency response services. Page 1 City of Clearwater Printed on 9/3/2024 Clearwater Fire and Rescue Training Division Company Operations Company Operations Outline September 2024 Emergency Vehicle Operations Refresher Course Introduction Title Emergency Vehicle Operations Refresher Course Training Dates Shift Dates Shift Dates Shift Dates A 9, 16, 18, 23 B 6, 13, 20, 24 C 10, 12, 17, 19 Start Times 0930, 1030, 1330, and 1430 hrs. Required Participants Members who operate City of Clearwater-owned emergency or non-emergency vehicles and unconventional means of transportation (e.g., ATV), max. 5 participants per time slot. Format Hybrid Training Description The Emergency Vehicle Operations Refresher Course (EVORC) is part of Clearwater Fire and Rescue’s vehicle operations training program. This course partially satisfies the minimum requirements for an emergency services vehicle training program and includes procedures for those members that drive or occupy an emergency vehicle; drive a City of Clearwater owned non-emergency vehicles, drive an unconventional means of transportation (i.e., ATV), and provide traffic control at the scene of an emergency. The primary objective of this course is to prevent motor vehicle crashes, injuries, and fatalities involving emergency or City owned vehicles. Objectives The objectives of the Emergency Vehicle Operations Refresher Course are to:  Reduce motor vehicle crashes, injuries, and fatalities involving emergency and non-emergency vehicles  Partial satisfaction of the minimum requirements for an emergency services vehicle training program  Emphasize the safe arrival of emergency vehicles and occupants at the destination as the first priority  Provide all members with driver training and education commensurate with the duties and functions members are expected to perform, in order to ensure that they are able to perform their assigned duties in a manner that does not pose a hazard to themselves, other members, or the general public  Provide members with driver training that includes hands-on exercises using the emergency vehicle that they are expected to drive  Review and critique of emergency vehicle crash scenarios, both local and national, to serve as an objective learning experience Clearwater Fire and Rescue Training Division Company Operations Company Operations Outline September 2024 Training Sequence Participant Instructions 1. Complete sections 1a. and 1b. in Target Solutions 2. Submit sections 1a. and 1b. in Target Solutions 3. Attend driving course on your assigned date and time 4. All personnel will complete the driving course in the apparatus commensurate with their normally assigned duties. 5. For personnel who regularly operate ATVs, a city-owned vehicle will be provided. 6. Submit section 2 assignment in Target Solutions General Safety Guidelines General Safety Awareness 1. Barricades will be used to restrict entry onto the driving course. 2. An instructor will be assigned to each vehicle operating on the driving course. 3. Vehicles not actively involved in the driving course will not be allowed on the course. 4. Personnel not actively involved in the driving course are not allowed on the course. A waiting/rehab safe area will be established. References CFR SOP 200P, Safety and Risk Management CFR SOP 202, Injury Reporting CFR SOP 208P, Vehicle Accident and Equipment Damage/Loss CFR SOP 213, Vehicle Operations CFR SOP 215P, Take Home Vehicle Program CFR SOP 902, All Terrain Vehicles CFR SOP 916, Vehicle Maintenance and Repair NFPA 1001, Standard for Fire Fighter Professional Qualifications NFPA 1002, Standard for Fire Apparatus driver/Operator Professional Qualifications NFPA 1041, Standard for Fire and Emergency Services Instructor Professional Qualifications NFPA 1410, Standard on Training for Emergency Scene Operations NFPA 1451, Standard for Fire and Emergency Service Vehicle Operations Training Program NFPA 1500, Standard on Fire Department Occupational Safety, Health, and Wellness Program NFPA 1521, Standard for Fire Department Safety Officer Professional Qualifications Section 1a •Training Video and SOP Review (TS) Section 1b •Quiz (TS) Submit Section 1a and 1b assignments in Target Solutions Section 2 •Driving Course Submit Section 2 Assignment in Target Solutions Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#24-0919 Agenda Date: 9/4/2024 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Marine & Aviation Agenda Number: 6.17 SUBJECT/RECOMMENDATION: Accept Florida Department of Transportation (FDOT) Grant Agreement Amendment (No. 452861-1-94-01) in the amount of $200,000 for the Design of a Terminal Building at Clearwater Airpark and authorize the appropriate officials to execute same. (consent) SUMMARY: On January 12, 2023, City Council approved the Lease and Property Operating Agreement (Operating Agreement) with FlyUSA to manage the Clearwater Airpark, and subsequently approved the First Amendment to the Lease and Property Operating Agreement on March 7, 2024. On May 18, 2023, Council Approved Resolution 23-07 and a Public Transportation Grant Agreement with the Florida Department of Transportation in the amount of $300,000 for the design of a new terminal building at Clearwater Airpark. FDOT is to pay 80% ($240,000) with the Airpark Reserves to match 20% ($60,000) which will be reimbursed by the Airpark Operator, FlyUSA, through terms of their operating agreement. The cost of the design portion of the terminal building exceeded the $300,000 in the PTGA. Through our operating agreement with FlyUSA we have approached FDOT and requested an amendment to add $200,000 more funding to the original agreement. FDOT will provide $160,000 (80%) with Airpark Reserves to match $40,000 (20%). FlyUSA is obligated to reimburse the City for their cash match portion of $40,000. This will bring the total PTGA grant amount to $500,000 with FDOT contributing $400,000 (80%) and Airpark Reserves to match $100,000 (20%) with FlyUSA to reimburse cash match amount of $100,000 to the City. APPROPRIATION CODE AND AMOUNT: A third quarter budget amendment will increase capital project 302-G2307, Aviation Operations Center, by $200,000 recognizing grant funding of $160,000 and reimbursement revenues of $40,000 to provide project funding for this agreement. USE OF RESERVE FUNDS: Airpark reserves of $40,000 will be allocated to capital improvement project G2307 and will be replenished with reimbursement from FlyUSA. STRATEGIC PRIORITY: High Performing Government 1.2 Maintain public infrastructure, mobility systems, natural lands, environmental resources, and historic features through systematic management efforts. Economic & Housing Opportunity Page 1 City of Clearwater Printed on 9/3/2024 File Number: ID#24-0919 2.2 Cultivate a business climate that welcomes entrepreneurship, inspires local investment, supports eco-friendly enterprises, and encourages high-quality job growth. 2.3 Promote Clearwater as a premier destination for entertainment, cultural experiences, tourism, and national sporting events. Page 2 City of Clearwater Printed on 9/3/2024 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION AMENDMENT TO THE PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-03 STRATEGIC DEVELOPMENT OGC 07/22 THIS AMENDMENT TO THE PUBLIC TRANSPORTATION GRANT AGREEMENT (“Amendment”) is made and entered into on , by and between the State of Florida, Department of Transportation (“Department”), and City of Clearwater, (“Agency”),collectively referred to as the “Parties.” RECITALS WHEREAS, the Department and the Agency on 5/31/2023 (date original Agreement entered) entered into a Public Transportation Grant Agreement (“Agreement”). WHEREAS, the Parties have agreed to modify the Agreement on the terms and conditions set forth herein. NOW THEREFORE, in consideration of the mutual covenants in this Amendment, the Agreement is amended as follows: 1. Amendment Description. The project is amended FY2025 Funding 2. Program Area. For identification purposes only, this Agreement is implemented as part of the Department program area selected below (select all programs that apply): X Aviation Seaports Transit Intermodal Rail Crossing Closure Match to Direct Federal Funding (Aviation or Transit) (Note: Section 15 and Exhibit G do not apply to federally matched funding) Other 3. Exhibits. The following Exhibits are updated, attached, and incorporated into this Agreement: X Exhibit A: Project Description and Responsibilities X Exhibit B: Schedule of Financial Assistance *Exhibit B1: Deferred Reimbursement Financial Provisions *Exhibit B2: Advance Payment Financial Provisions *Exhibit C: Terms and Conditions of Construction X Exhibit D: Agency Resolution Exhibit E: Program Specific Terms and Conditions Exhibit F: Contract Payment Requirements X *Exhibit G: Financial Assistance (Single Audit Act) *Exhibit H: Audit Requirements for Awards of Federal Financial Assistance *Exhibit I: Certification of Disbursement of Payment to Vehicle and/or Equipment Vendor Financial Project Number(s): (item-segment-phase-sequence) Fund(s): DDR,DPTO FLAIR Category: 088719 452861-1-94-01 Work Activity Code/Function: 215 Object Code: 751000 Federal Number/Federal Award Identification Number (FAIN) – Transit only: Org. Code: 55072020728 Vendor Number: VF596000800011 Contract Number: G2I04 Federal Award Date: Amendment No.: 1 CFDA Number: N/A SAM/UEI Number: CFDA Title: N/A CSFA Number: 55.004 CSFA Title: Aviation Grant Program Page 1 of 7 Docusign Envelope ID: 6B0C41B9-3476-4C95-A359-B12174829740 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION AMENDMENT TO THE PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-03 STRATEGIC DEVELOPMENT OGC 07/22 Agency_Sign Invoice_Director_Sign FDOT_District_Sign *Additional Exhibit(s): 4. Project Cost. The estimated total cost of the Project is X increased/ decreased by $200,000 bringing the revised total cost of the project to $500,000. The Department’s participation is X increased/ decreased by $160,000. The Department agrees to participate in the Project cost up to the maximum amount of $400,000, and, additionally the Department’s participation in the Project shall not exceed 80.00% of the total eligible cost of the Project. Except as modified, amended, or changed by this Amendment, all of the terms and conditions of the Agreement and any amendments thereto shall remain in full force and effect. IN WITNESS WHEREOF, the Parties have executed this Amendment on the day and year written above. AGENCY City of Clearwater STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION By: By: Name: Name: Justin Hall Title: Title: Director of Transportation Development STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION Legal Review: Martin Hernandez Page 2 of 7 Docusign Envelope ID: 6B0C41B9-3476-4C95-A359-B12174829740 07/29/2024 | 9:04 AM EDT STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 07/22 EXHIBIT A Project Description and Responsibilities A. Project Description (description of Agency’s project to provide context, description of project components funded via this Agreement (if not the entire project)): Design New Terminal FBO Building at Clearwater Airpark B. Project Location (limits, city, county, map): Clearwater Air Park/Clearwater, FL/Pinellas C. Project Scope (allowable costs: describe project components, improvement type/service type, approximate timeline, project schedule, project size): As required by 215.971, F.S., this scope of work includes but is not limited to consultant and design fees, survey and geotechnical costs, permitting, construction inspection and material testing costs, mobilization and demobilization, maintenance of traffic, erosion control, demolition, pavement (access roadways, parking lots, and sidewalks), drainage, utilities, primary and back-up power supplies, building (foundation, structure, roof, MEP, drainage, and fire prevention and protection), pavement marking, lighting and signage, fencing and gates, landscaping (including outdoor lighting), and indoor/outdoor security systems, including all materials, equipment, labor, and incidentals required to complete the building project. The Sponsor will comply with Aviation Program Assurances. D. Deliverable(s): The project scope identifies the ultimate project deliverables. Deliverables for requisition, payment and invoice purposes will be the incremental progress made toward completion of project scope elements. Supporting documentation will be quantifiable, measurable, and verifiable, to allow for a determination of the amount of incremental progress that has been made, and provide evidence that the payment requested is commensurate with the accomplished incremental progress and costs incurred by the Agency. E. Unallowable Costs (including but not limited to): F. Transit Operating Grant Requirements (Transit Only): Transit Operating Grants billed as an operational subsidy will require an expenditure detail report from the Agency that matches the invoice period. The expenditure detail, along with the progress report, will be the required deliverables for Transit Operating Grants. Operating grants may be issued for a term not to exceed three years from execution. The original grant agreement will include funding for year one. Funding for years two and three will be added by amendment as long as the grantee has submitted all invoices on schedule and the project deliverables for the year have been met. Page 3 of 7 Docusign Envelope ID: 6B0C41B9-3476-4C95-A359-B12174829740 Page 4 of 7 Docusign Envelope ID: 6B0C41B9-3476-4C95-A359-B12174829740 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 07/22 EXHIBIT B Schedule of Financial Assistance FUNDS AWARDED TO THE AGENCY AND REQUIRED MATCHING FUNDS PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: A. Fund Type and Fiscal Year: Financial Management Number Fund Type FLAIR Category State Fiscal Year Object Code CSFA/ CFDA Number CSFA/CFDA Title or Funding Source Description Funding Amount 452861-1-94-01 452861-1-94-01 452861-1-94-01 452861-1-94-01 DDR DPTO LF LF 088719 088719 088719 088719 2025 2023 2023 2025 751000 751000 751000 751000 55.004 55.004 55.004 55.004 Aviation Grant Program Aviation Grant Program Aviation Grant Program Aviation Grant Program $160,000.00 $240,000.00 $60,000.00 $40,000.00 Total Financial Assistance $500,000.00 B. Estimate of Project Costs by Grant Phase: Phases* State Local Federal Totals State % Local % Federal % Land Acquisition $0.00 $0.00 $0.00 $0.00 0.00 0.00 0.00 Planning $0.00 $0.00 $0.00 $0.00 0.00 0.00 0.00 Environmental/Design/Construction $400,000.00 $100,000.00 $0.00 $500,000.00 80.00 20.00 0.00 Capital Equipment/ Preventative Maintenance $0.00 $0.00 $0.00 $0.00 0.00 0.00 0.00 Match to Direct Federal Funding $0.00 $0.00 $0.00 $0.00 0.00 0.00 0.00 Mobility Management (Transit Only) $0.00 $0.00 $0.00 $0.00 0.00 0.00 0.00 Totals $400,000.00 $100,000.00 $0.00 $500,000.00 *Shifting items between these grant phases requires execution of an Amendment to the Public Transportation Grant Agreement. Scope Code and/or Activity Line Item (ALI) (Transit Only) BUDGET/COST ANALYSIS CERTIFICATION AS REQUIRED BY SECTION 216.3475, FLORIDA STATUTES: I certify that the cost for each line item budget category (grant phase) has been evaluated and determined to be allowable, reasonable, and necessary as required by Section 216.3475, Florida Statutes. Documentation is on file evidencing the methodology used and the conclusions reached. Raymond Clark Department Grant Manager Name Signature Date Page 5 of 7 Docusign Envelope ID: 6B0C41B9-3476-4C95-A359-B12174829740 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 07/22 EXHIBIT D AGENCY RESOLUTION PLEASE SEE ATTACHED Page 6 of 7 Docusign Envelope ID: 6B0C41B9-3476-4C95-A359-B12174829740 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 07/22 EXHIBIT G AUDIT REQUIREMENTS FOR AWARDS OF STATE FINANCIAL ASSISTANCE THE STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: SUBJECT TO SECTION 215.97, FLORIDA STATUTES:~ Awarding Agency: Florida Department of Transportation State Project Title: Aviation Grant Program CSFA Number: 55.004 *Award Amount: $400,000 *The award amount may change with amendments Specific project information for CSFA Number 55.004 is provided at: https://apps.fldfs.com/fsaa/searchCatalog.aspx COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT: State Project Compliance Requirements for CSFA Number 55.004 are provided at: https://apps.fldfs.com/fsaa/searchCompliance.aspx The State Projects Compliance Supplement is provided at: https://apps.fldfs.com/fsaa/compliance.aspx Page 7 of 7 Docusign Envelope ID: 6B0C41B9-3476-4C95-A359-B12174829740 FLORIDA DEPARTMENT OF TRANSPORTATION FUNDS APPROVAL G2I04 7/25/2024 CONTRACT INFORMATION FUNDS APPROVAL INFORMATION FUNDS APPROVED/REVIEWED FOR JASON ADANK, CPA, COMPTROLLER ON 7/25/2024 Action:Supplemental Reviewed or Approved:APPROVED Organization Code:55072020728 Expansion Option:A6 Object Code:751000 Amount:$160,000.00 Financial Project:45286119401 Work Activity (FCT):215 CFDA: Fiscal Year:2025 Budget Entity:55100100 Category/Category Year:088719/25 Amendment ID:S001 Sequence:00 User Assigned ID:1 Enc Line (6s)/Status:0002/04 Total Amount:$160,000.00 Contract:G2I04 Contract Type:GD - GRANT DISBURSEMENT (GRANT) Vendor Name:CITY OF CLEARWATER Vendor ID:F596000289005 Beginning Date of This Agreement:05/31/2023 Ending Date of This Agreement:06/30/2026 Contract Total/Budgetary Ceiling:ct = $400,000.00 Method of Procurement:G - GOVERMENTAL AGENCY (287.057,F.S.) Description:Design New Terminal FBO Building Page1 of 1 To: Raymond.Clark@dot.state.fl.us Docusign Envelope ID: 6B0C41B9-3476-4C95-A359-B12174829740 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 07/22 Financial Project Number(s): (item-segment-phase-sequence) Fund(s): DPTO FLAIR Category: 088719 452861-1-94-01 Work Activity Code/Function: 215 Object Code: 751000 Federal Number/Federal Award Identification Number (FAIN) – Transit only: N/A Org. Code: 55072020728 Vendor Number: VF596000800011 Contract Number: G2I04 Federal Award Date: N/A CFDA Number: N/A Agency SAM/UEI Number: CFDA Title: N/A CSFA Number: 55.004 CSFA Title: Aviation Grant Program THIS PUBLIC TRANSPORTATION GRANT AGREEMENT (“Agreement”) is entered into _ __ _, by and between the State of Florida, Department of Transportation, (“Department”), and City of Clearwater, (“Agency”). The Department and the Agency are sometimes referred to in this Agreement as a “Party” and collectively as the “Parties.” NOW, THEREFORE, in consideration of the mutual benefits to be derived from joint participation on the Project, the Parties agree to the following: 1. Authority. The Agency, by Resolution or other form of official authorization, a copy of which is attached as Exhibit “D”, Agency Resolution and made a part of this Agreement, has authorized its officers to execute this Agreement on its behalf. The Department has the authority pursuant to Section(s) 332.007, Florida Statutes, to enter into this Agreement. 2. Purpose of Agreement. The purpose of this Agreement is to provide for the Department’s participation in Design New Terminal FBO Building at Clearwater Airpark, as further described in Exhibit "A", Project Description and Responsibilities, attached and incorporated into this Agreement (“Project”), to provide Department financial assistance to the Agency, state the terms and conditions upon which Department funds will be provided, and to set forth the manner in which the Project will be undertaken and completed. 3. Program Area. For identification purposes only, this Agreement is implemented as part of the Department program area selected below (select all programs that apply): X Aviation Seaports Transit Intermodal Rail Crossing Closure Match to Direct Federal Funding (Aviation or Transit) (Note: Section 15 and Exhibit G do not apply to federally matched funding) Other 4. Exhibits. The following Exhibits are attached and incorporated into this Agreement: X Exhibit A: Project Description and Responsibilities X Exhibit B: Schedule of Financial Assistance *Exhibit B1: Deferred Reimbursement Financial Provisions *Exhibit B2: Advance Payment Financial Provisions *Exhibit B3: Alternative Advanced Pay (Transit Bus Program) X *Exhibit C: Terms and Conditions of Construction X Exhibit D: Agency Resolution X Exhibit E: Program Specific Terms and Conditions X Exhibit F: Contract Payment Requirements X *Exhibit G: Audit Requirements for Awards of State Financial Assistance Page 1 of 37 DocuSign Envelope ID: 365F821D-8640-44E3-AF3F-2CB3556D6253 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 07/22 *Exhibit H: Audit Requirements for Awards of Federal Financial Assistance *Exhibit I: Certification of Disbursement of Payment to Vehicle and/or Equipment Vendor *Additional Exhibit(s): *Indicates that the Exhibit is only attached and incorporated if applicable box is selected. 5. Time. Unless specified otherwise, all references to “days” within this Agreement refer to calendar days. 6. Term of Agreement. This Agreement shall commence upon full execution by both Parties (“Effective Date”) and continue through June 30, 2026. If the Agency does not complete the Project within this time period, this Agreement will expire unless an extension of the time period is requested by the Agency and granted in writing by the Department prior to the expiration of this Agreement. Expiration of this Agreement will be considered termination of the Project. The cost of any work performed prior to the Effective Date or after the expiration date of this Agreement will not be reimbursed by the Department. a. If this box is checked the following provision applies: Unless terminated earlier, work on the Project shall commence no later than the day of , or within days of the issuance of the Notice to Proceed for the construction phase of the Project (if the Project involves construction), whichever date is earlier. The Department shall have the option to immediately terminate this Agreement should the Agency fail to meet the above-required dates. 7. Amendments, Extensions, and Assignment. This Agreement may be amended or extended upon mutual written agreement of the Parties. This Agreement shall not be renewed. This Agreement shall not be assigned, transferred, or otherwise encumbered by the Agency under any circumstances without the prior written consent of the Department. 8. Termination or Suspension of Project. The Department may, by written notice to the Agency, suspend any or all of the Department’s obligations under this Agreement for the Agency’s failure to comply with applicable law or the terms of this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected. a. Notwithstanding any other provision of this Agreement, if the Department intends to terminate the Agreement, the Department shall notify the Agency of such termination in writing at least thirty (30) days prior to the termination of the Agreement, with instructions to the effective date of termination or specify the stage of work at which the Agreement is to be terminated. b. The Parties to this Agreement may terminate this Agreement when its continuation would not produce beneficial results commensurate with the further expenditure of funds. In this event, the Parties shall agree upon the termination conditions. c. If the Agreement is terminated before performance is completed, the Agency shall be paid only for that work satisfactorily performed for which costs can be substantiated. Such payment, however, may not exceed the equivalent percentage of the Department’s maximum financial assistance. If any portion of the Project is located on the Department’s right-of-way, then all work in progress on the Department right-of-way will become the property of the Department and will be turned over promptly by the Agency. d. In the event the Agency fails to perform or honor the requirements and provisions of this Agreement, the Agency shall promptly refund in full to the Department within thirty (30) days of the termination of the Agreement any funds that were determined by the Department to have been expended in violation of the Agreement. e. The Department reserves the right to unilaterally cancel this Agreement for failure by the Agency to comply with the Public Records provisions of Chapter 119, Florida Statutes. Page 2 of 37 DocuSign Envelope ID: 365F821D-8640-44E3-AF3F-2CB3556D6253 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 07/22 9. Project Cost: a. The estimated total cost of the Project is $300,000. This amount is based upon Exhibit "B", Schedule of Financial Assistance. The timeline for deliverables and distribution of estimated amounts between deliverables within a grant phase, as outlined in Exhibit "B", Schedule of Financial Assistance, may be modified by mutual written agreement of the Parties and does not require execution of an Amendment to the Public Transportation Grant Agreement. The timeline for deliverables and distribution of estimated amounts between grant phases requires an amendment executed by both Parties in the same form as this Agreement. b. The Department agrees to participate in the Project cost up to the maximum amount of $240,000 and, the Department’s participation in the Project shall not exceed 80.00% of the total eligible cost of the Project, and as more fully described in Exhibit “B’’, Schedule of Financial Assistance. The Agency agrees to bear all expenses in excess of the amount of the Department’s participation and any cost overruns or deficits involved. 10. Compensation and Payment: a. Eligible Cost. The Department shall reimburse the Agency for allowable costs incurred as described in Exhibit “A”, Project Description and Responsibilities, and as set forth in Exhibit “B”, Schedule of Financial Assistance. b. Deliverables. The Agency shall provide quantifiable, measurable, and verifiable units of deliverables. Each deliverable must specify the required minimum level of service to be performed and the criteria for evaluating successful completion. The Project and the quantifiable, measurable, and verifiable units of deliverables are described more fully in Exhibit “A”, Project Description and Responsibilities. Modifications to the deliverables in Exhibit “A”, Project Description and Responsibilities requires a formal written amendment. c. Invoicing. Invoices shall be submitted no more often than monthly by the Agency in detail sufficient for a proper pre-audit and post-audit, based on the quantifiable, measurable, and verifiable deliverables as established in Exhibit “A”, Project Description and Responsibilities. Deliverables and costs incurred must be received and approved by the Department prior to reimbursement. Requests for reimbursement by the Agency shall include an invoice, progress report, and supporting documentation for the deliverables being billed that are acceptable to the Department. The Agency shall use the format for the invoice and progress report that is approved by the Department. d. Supporting Documentation. Supporting documentation must establish that the deliverables were received and accepted in writing by the Agency and must also establish that the required minimum standards or level of service to be performed based on the criteria for evaluating successful completion as specified in Exhibit “A”, Project Description and Responsibilities has been met. All costs invoiced shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers evidencing in proper detail the nature and propriety of charges as described in Exhibit “F”, Contract Payment Requirements. e. Travel Expenses. The selected provision below is controlling regarding travel expenses: X Travel expenses are NOT eligible for reimbursement under this Agreement. Travel expenses ARE eligible for reimbursement under this Agreement. Bills for travel expenses specifically authorized in this Agreement shall be submitted on the Department’s Contractor Travel Form No. 300-000-06 and will be paid in accordance with Section 112.061, Page 3 of 37 DocuSign Envelope ID: 365F821D-8640-44E3-AF3F-2CB3556D6253 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 07/22 Florida Statutes, and the most current version of the Department’s Disbursement Handbook for Employees and Managers. f. Financial Consequences. Payment shall be made only after receipt and approval of deliverables and costs incurred unless advance payments are authorized by the Chief Financial Officer of the State of Florida under Chapters 215 and 216, Florida Statutes, or the Department’s Comptroller under Section 334.044(29), Florida Statutes. If the Department determines that the performance of the Agency is unsatisfactory, the Department shall notify the Agency of the deficiency to be corrected, which correction shall be made within a time- frame to be specified by the Department. The Agency shall, within thirty (30) days after notice from the Department, provide the Department with a corrective action plan describing how the Agency will address all issues of contract non-performance, unacceptable performance, failure to meet the minimum performance levels, deliverable deficiencies, or contract non- compliance. If the corrective action plan is unacceptable to the Department, the Agency will not be reimbursed. If the deficiency is subsequently resolved, the Agency may bill the Department for the amount that was previously not reimbursed during the next billing period. If the Agency is unable to resolve the deficiency, the funds shall be forfeited at the end of the Agreement’s term. g. Invoice Processing. An Agency receiving financial assistance from the Department should be aware of the following time frames. Inspection or verification and approval of deliverables shall take no longer than 20 days from the Department’s receipt of the invoice. The Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the deliverables are received, inspected or verified, and approved. If a payment is not available within 40 days, a separate interest penalty at a rate as established pursuant to Section 55.03(1), Florida Statutes, will be due and payable, in addition to the invoice amount, to the Agency. Interest penalties of less than one (1) dollar will not be enforced unless the Agency requests payment. Invoices that have to be returned to an Agency because of Agency preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for Agency who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 413-5516. h. Records Retention. The Agency shall maintain an accounting system or separate accounts to ensure funds and projects are tracked separately. Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for five years after final payment is made. Copies of these records shall be furnished to the Department upon request. Records of costs incurred include the Agency's general accounting records and the Project records, together with supporting documents and records, of the Contractor and all subcontractors performing work on the Project, and all other records of the Contractor and subcontractors considered necessary by the Department for a proper audit of costs. i. Progress Reports. Upon request, the Agency agrees to provide progress reports to the Department in the standard format used by the Department and at intervals established by the Department. The Department will be entitled at all times to be advised, at its request, as to the status of the Project and of details thereof. j. Submission of Other Documents. The Agency shall submit to the Department such data, reports, records, contracts, and other documents relating to the Project as the Department Page 4 of 37 DocuSign Envelope ID: 365F821D-8640-44E3-AF3F-2CB3556D6253 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 07/22 may require as listed in Exhibit "E", Program Specific Terms and Conditions attached to and incorporated into this Agreement. k. Offsets for Claims. If, after Project completion, any claim is made by the Department resulting from an audit or for work or services performed pursuant to this Agreement, the Department may offset such amount from payments due for work or services done under any agreement that it has with the Agency owing such amount if, upon written demand, payment of the amount is not made within 60 days to the Department. Offsetting any amount pursuant to this paragraph shall not be considered a breach of contract by the Department. l. Final Invoice. The Agency must submit the final invoice on the Project to the Department within 120 days after the completion of the Project. Invoices submitted after the 120-day time period may not be paid. m. Department’s Performance and Payment Contingent Upon Annual Appropriation by the Legislature. The Department’s performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. If the Department's funding for this Project is in multiple fiscal years, a notice of availability of funds from the Department’s project manager must be received prior to costs being incurred by the Agency. See Exhibit “B”, Schedule of Financial Assistance for funding levels by fiscal year. Project costs utilizing any fiscal year funds are not eligible for reimbursement if incurred prior to funds approval being received. The Department will notify the Agency, in writing, when funds are available. n. Limits on Contracts Exceeding $25,000 and Term more than 1 Year. In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated: "The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of $25,000 and which have a term for a period of more than 1 year." o. Agency Obligation to Refund Department. Any Project funds made available by the Department pursuant to this Agreement that are determined by the Department to have been expended by the Agency in violation of this Agreement or any other applicable law or regulation shall be promptly refunded in full to the Department. Acceptance by the Department of any documentation or certifications, mandatory or otherwise permitted, that the Agency files shall not constitute a waiver of the Department's rights as the funding agency to verify all information at a later date by audit or investigation. p. Non-Eligible Costs. In determining the amount of the payment, the Department will exclude all Project costs incurred by the Agency prior to the execution of this Agreement, costs incurred after the expiration of the Agreement, costs that are not provided for in Exhibit “A”, Project Description and Responsibilities, and as set forth in Exhibit “B”, Schedule of Financial Assistance, costs agreed to be borne by the Agency or its contractors and subcontractors for Page 5 of 37 DocuSign Envelope ID: 365F821D-8640-44E3-AF3F-2CB3556D6253 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 07/22 not meeting the Project commencement and final invoice time lines, and costs attributable to goods or services received under a contract or other arrangement that has not been approved in writing by the Department. Specific unallowable costs may be listed in Exhibit “A”, Project Description and Responsibilities. 11. General Requirements. The Agency shall complete the Project with all practical dispatch in a sound, economical, and efficient manner, and in accordance with the provisions in this Agreement and all applicable laws. a. Necessary Permits Certification. The Agency shall certify to the Department that the Agency’s design consultant and/or construction contractor has secured the necessary permits. b. Right-of-Way Certification. If the Project involves construction, then the Agency shall provide to the Department certification and a copy of appropriate documentation substantiating that all required right-of-way necessary for the Project has been obtained. Certification is required prior to authorization for advertisement for or solicitation of bids for construction of the Project, even if no right-of-way is required. c. Notification Requirements When Performing Construction on Department’s Right-of- Way. In the event the cost of the Project is greater than $250,000.00, and the Project involves construction on the Department’s right-of-way, the Agency shall provide the Department with written notification of either its intent to: i. Require the construction work of the Project that is on the Department’s right-of-way to be performed by a Department prequalified contractor, or ii. Construct the Project utilizing existing Agency employees, if the Agency can complete said Project within the time frame set forth in this Agreement. d. If this box is checked, then the Agency is permitted to utilize its own forces and the following provision applies: Use of Agency Workforce. In the event the Agency proceeds with any phase of the Project utilizing its own forces, the Agency will only be reimbursed for direct costs (this excludes general overhead). e. If this box is checked, then the Agency is permitted to utilize Indirect Costs: Reimbursement for Indirect Program Expenses (select one): i. Agency has selected to seek reimbursement from the Department for actual indirect expenses (no rate). ii. Agency has selected to apply a de minimus rate of 10% to modified total direct costs. Note: The de minimus rate is available only to entities that have never had a negotiated indirect cost rate. When selected, the de minimus rate must be used consistently for all federal awards until such time the agency chooses to negotiate a rate. A cost policy statement and de minimis certification form must be submitted to the Department for review and approval. iii. Agency has selected to apply a state or federally approved indirect cost rate. A federally approved rate agreement or indirect cost allocation plan (ICAP) must be submitted annually. f. Agency Compliance with Laws, Rules, and Regulations, Guidelines, and Standards. The Agency shall comply and require its contractors and subcontractors to comply with all terms and conditions of this Agreement and all federal, state, and local laws and regulations applicable to this Project. Page 6 of 37 DocuSign Envelope ID: 365F821D-8640-44E3-AF3F-2CB3556D6253 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 07/22 g. Claims and Requests for Additional Work. The Agency shall have the sole responsibility for resolving claims and requests for additional work for the Project. The Agency will make best efforts to obtain the Department’s input in its decisions. The Department is not obligated to reimburse for claims or requests for additional work. 12. Contracts of the Agency: a. Approval of Third Party Contracts. The Department specifically reserves the right to review and approve any and all third party contracts with respect to the Project before the Agency executes or obligates itself in any manner requiring the disbursement of Department funds, including consultant and purchase of commodities contracts, or amendments thereto. If the Department chooses to review and approve third party contracts for this Project and the Agency fails to obtain such approval, that shall be sufficient cause for nonpayment by the Department. The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the employment of the same. If Federal Transit Administration (FTA) funds are used in the Project, the Department must exercise the right to third party contract review. b. Procurement of Commodities or Contractual Services. It is understood and agreed by the Parties hereto that participation by the Department in a project with the Agency, where said project involves the purchase of commodities or contractual services where purchases or costs exceed the Threshold Amount for CATEGORY TWO per Section 287.017, Florida Statutes, is contingent on the Agency complying in full with the provisions of Section 287.057, Florida Statutes. The Agency’s Authorized Official shall certify to the Department that the Agency’s purchase of commodities or contractual services has been accomplished in compliance with Section 287.057, Florida Statutes. It shall be the sole responsibility of the Agency to ensure that any obligations made in accordance with this Section comply with the current threshold limits. Contracts, purchase orders, task orders, construction change orders, or any other agreement that would result in exceeding the current budget contained in Exhibit "B", Schedule of Financial Assistance, or that is not consistent with the Project description and scope of services contained in Exhibit "A", Project Description and Responsibilities must be approved by the Department prior to Agency execution. Failure to obtain such approval, and subsequent execution of an amendment to the Agreement if required, shall be sufficient cause for nonpayment by the Department, in accordance with this Agreement. c. Consultants’ Competitive Negotiation Act. It is understood and agreed by the Parties to this Agreement that participation by the Department in a project with the Agency, where said project involves a consultant contract for professional services, is contingent on the Agency’s full compliance with provisions of Section 287.055, Florida Statutes, Consultants’ Competitive Negotiation Act. In all cases, the Agency’s Authorized Official shall certify to the Department that selection has been accomplished in compliance with the Consultants’ Competitive Negotiation Act. d. Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the Department that DBEs, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The Agency and its contractors agree to ensure that DBEs have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that the DBEs have the opportunity to compete for and perform contracts. The Agency and its contractors and subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. Page 7 of 37 DocuSign Envelope ID: 365F821D-8640-44E3-AF3F-2CB3556D6253 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 07/22 13. Maintenance Obligations. In the event the Project includes construction or the acquisition of commodities then the following provisions are incorporated into this Agreement: a. The Agency agrees to accept all future maintenance and other attendant costs occurring after completion of the Project for all improvements constructed or commodities acquired as part of the Project. The terms of this provision shall survive the termination of this Agreement. 14. Sale, Transfer, or Disposal of Department-funded Property: a. The Agency will not sell or otherwise transfer or dispose of any part of its title or other interests in real property, facilities, or equipment funded in any part by the Department under this Agreement without prior written approval by the Department. b. If a sale, transfer, or disposal by the Agency of all or a portion of Department-funded real property, facilities, or equipment is approved by the Department, the following provisions will apply: i. The Agency shall reimburse the Department a proportional amount of the proceeds of the sale of any Department-funded property. ii. The proportional amount shall be determined on the basis of the ratio of the Department funding of the development or acquisition of the property multiplied against the sale amount, and shall be remitted to the Department within ninety (90) days of closing of sale. iii. Sale of property developed or acquired with Department funds shall be at market value as determined by appraisal or public bidding process, and the contract and process for sale must be approved in advance by the Department. iv. If any portion of the proceeds from the sale to the Agency are non-cash considerations, reimbursement to the Department shall include a proportional amount based on the value of the non-cash considerations. c. The terms of provisions “a” and “b” above shall survive the termination of this Agreement. i. The terms shall remain in full force and effect throughout the useful life of facilities developed, equipment acquired, or Project items installed within a facility, but shall not exceed twenty (20) years from the effective date of this Agreement. ii. There shall be no limit on the duration of the terms with respect to real property acquired with Department funds. 15. Single Audit. The administration of Federal or State resources awarded through the Department to the Agency by this Agreement may be subject to audits and/or monitoring by the Department. The following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of Federal awards or State financial assistance or limit the authority of any state agency inspector general, the State of Florida Auditor General, or any other state official. The Agency shall comply with all audit and audit reporting requirements as specified below. Federal Funded: a. In addition to reviews of audits conducted in accordance with 2 CFR Part 200, Subpart F – Audit Requirements, monitoring procedures may include but not be limited to on-site visits by Department staff and/or other procedures, including reviewing any required performance and financial reports, following up, ensuring corrective action, and issuing management decisions on weaknesses found through audits when those findings pertain to Federal awards provided Page 8 of 37 DocuSign Envelope ID: 365F821D-8640-44E3-AF3F-2CB3556D6253 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 07/22 through the Department by this Agreement. By entering into this Agreement, the Agency agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Department, State of Florida Chief Financial Officer (CFO), or State of Florida Auditor General. b. The Agency, a non-Federal entity as defined by 2 CFR Part 200, Subpart F – Audit Requirements, as a subrecipient of a Federal award awarded by the Department through this Agreement, is subject to the following requirements: i. In the event the Agency expends a total amount of Federal awards equal to or in excess of the threshold established by 2 CFR Part 200, Subpart F – Audit Requirements, the Agency must have a Federal single or program-specific audit conducted for such fiscal year in accordance with the provisions of 2 CFR Part 200, Subpart F – Audit Requirements. Exhibit “H”, Audit Requirements for Awards of Federal Financial Assistance, to this Agreement provides the required Federal award identification information needed by the Agency to further comply with the requirements of 2 CFR Part 200, Subpart F – Audit Requirements. In determining Federal awards expended in a fiscal year, the Agency must consider all sources of Federal awards based on when the activity related to the Federal award occurs, including the Federal award provided through the Department by this Agreement. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by 2 CFR Part 200, Subpart F – Audit Requirements. An audit conducted by the State of Florida Auditor General in accordance with the provisions of 2 CFR Part 200, Subpart F – Audit Requirements, will meet the requirements of this part. ii. In connection with the audit requirements, the Agency shall fulfill the requirements relative to the auditee responsibilities as provided in 2 CFR Part 200, Subpart F – Audit Requirements. iii. In the event the Agency expends less than the threshold established by 2 CFR Part 200, Subpart F – Audit Requirements, in Federal awards, the Agency is exempt from Federal audit requirements for that fiscal year. However, the Agency must provide a single audit exemption statement to the Department at FDOTSingleAudit@dot.state.fl.us no later than nine months after the end of the Agency’s audit period for each applicable audit year. In the event the Agency expends less than the threshold established by 2 CFR Part 200, Subpart F – Audit Requirements, in Federal awards in a fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F – Audit Requirements, the cost of the audit must be paid from non-Federal resources (i.e., the cost of such an audit must be paid from the Agency’s resources obtained from other than Federal entities). iv. The Agency must electronically submit to the Federal Audit Clearinghouse (FAC) at https://harvester.census.gov/facweb/ the audit reporting package as required by 2 CFR Part 200, Subpart F – Audit Requirements, within the earlier of 30 calendar days after receipt of the auditor’s report(s) or nine months after the end of the audit period. The FAC is the repository of record for audits required by 2 CFR Part 200, Subpart F – Audit Requirements. However, the Department requires a copy of the audit reporting package also be submitted to FDOTSingleAudit@dot.state.fl.us within the earlier of 30 calendar days after receipt of the auditor’s report(s) or nine months after the end of the audit period as required by 2 CFR Part 200, Subpart F – Audit Requirements. v. Within six months of acceptance of the audit report by the FAC, the Department will review the Agency’s audit reporting package, including corrective action plans and Page 9 of 37 DocuSign Envelope ID: 365F821D-8640-44E3-AF3F-2CB3556D6253 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 07/22 management letters, to the extent necessary to determine whether timely and appropriate action on all deficiencies has been taken pertaining to the Federal award provided through the Department by this Agreement. If the Agency fails to have an audit conducted in accordance with 2 CFR Part 200, Subpart F – Audit Requirements, the Department may impose additional conditions to remedy noncompliance. If the Department determines that noncompliance cannot be remedied by imposing additional conditions, the Department may take appropriate actions to enforce compliance, which actions may include but not be limited to the following: 1. Temporarily withhold cash payments pending correction of the deficiency by the Agency or more severe enforcement action by the Department; 2. Disallow (deny both use of funds and any applicable matching credit for) all or part of the cost of the activity or action not in compliance; 3. Wholly or partly suspend or terminate the Federal award; 4. Initiate suspension or debarment proceedings as authorized under 2 C.F.R. Part 180 and Federal awarding agency regulations (or in the case of the Department, recommend such a proceeding be initiated by the Federal awarding agency); 5. Withhold further Federal awards for the Project or program; 6. Take other remedies that may be legally available. vi. As a condition of receiving this Federal award, the Agency shall permit the Department or its designee, the CFO, or State of Florida Auditor General access to the Agency’s records, including financial statements, the independent auditor’s working papers, and project records as necessary. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is complete or the dispute is resolved. vii. The Department’s contact information for requirements under this part is as follows: Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0450 FDOTSingleAudit@dot.state.fl.us State Funded: a. In addition to reviews of audits conducted in accordance with Section 215.97, Florida Statutes, monitoring procedures to monitor the Agency’s use of state financial assistance may include but not be limited to on-site visits by Department staff and/or other procedures, including reviewing any required performance and financial reports, following up, ensuring corrective action, and issuing management decisions on weaknesses found through audits when those findings pertain to state financial assistance awarded through the Department by this Agreement. By entering into this Agreement, the Agency agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Department, the Department of Financial Services (DFS), or State of Florida Auditor General. b. The Agency, a “nonstate entity” as defined by Section 215.97, Florida Statutes, as a recipient of state financial assistance awarded by the Department through this Agreement, is subject to the following requirements: i. In the event the Agency meets the audit threshold requirements established by Section 215.97, Florida Statutes, the Agency must have a State single or project- specific audit conducted for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services; and Page 10 of 37 DocuSign Envelope ID: 365F821D-8640-44E3-AF3F-2CB3556D6253 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 07/22 Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. Exhibit “G”, Audit Requirements for Awards of State Financial Assistance, to this Agreement indicates state financial assistance awarded through the Department by this Agreement needed by the Agency to further comply with the requirements of Section 215.97, Florida Statutes. In determining the state financial assistance expended in a fiscal year, the Agency shall consider all sources of state financial assistance, including state financial assistance received from the Department by this Agreement, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. ii. In connection with the audit requirements, the Agency shall ensure that the audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(e), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. iii. In the event the Agency does not meet the audit threshold requirements established by Section 215.97, Florida Statutes, the Agency is exempt for such fiscal year from the state single audit requirements of Section 215.97, Florida Statutes. However, the Agency must provide a single audit exemption statement to the Department at FDOTSingleAudit@dot.state.fl.us no later than nine months after the end of the Agency’s audit period for each applicable audit year. In the event the Agency does not meet the audit threshold requirements established by Section 215.97, Florida Statutes, in a fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the Agency’s resources (i.e., the cost of such an audit must be paid from the Agency’s resources obtained from other than State entities). iv. In accordance with Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, copies of financial reporting packages required by this Agreement shall be submitted to: Florida Department of Transportation Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0405 FDOTSingleAudit@dot.state.fl.us And State of Florida Auditor General Local Government Audits/342 111 West Madison Street, Room 401 Tallahassee, FL 32399-1450 Email: flaudgen_localgovt@aud.state.fl.us v. Any copies of financial reporting packages, reports, or other information required to be submitted to the Department shall be submitted timely in accordance with Section 215.97, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. vi. The Agency, when submitting financial reporting packages to the Department for audits done in accordance with Chapters 10.550 (local governmental entities) or Page 11 of 37 DocuSign Envelope ID: 365F821D-8640-44E3-AF3F-2CB3556D6253 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 07/22 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date the reporting package was delivered to the Agency in correspondence accompanying the reporting package. vii. Upon receipt, and within six months, the Department will review the Agency’s financial reporting package, including corrective action plans and management letters, to the extent necessary to determine whether timely and appropriate corrective action on all deficiencies has been taken pertaining to the state financial assistance provided through the Department by this Agreement. If the Agency fails to have an audit conducted consistent with Section 215.97, Florida Statutes, the Department may take appropriate corrective action to enforce compliance. viii. As a condition of receiving state financial assistance, the Agency shall permit the Department or its designee, DFS, or the Auditor General access to the Agency’s records, including financial statements, the independent auditor’s working papers, and project records as necessary. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is complete or the dispute is resolved. c. The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five years from the date the audit report is issued and shall allow the Department or its designee, DFS, or State of Florida Auditor General access to such records upon request. The Agency shall ensure that the audit working papers are made available to the Department or its designee, DFS, or State of Florida Auditor General upon request for a period of five years from the date the audit report is issued, unless extended in writing by the Department. 16. Notices and Approvals. Notices and approvals referenced in this Agreement must be obtained in writing from the Parties’ respective Administrators or their designees. 17. Restrictions, Prohibitions, Controls and Labor Provisions: a. Convicted Vendor List. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. b. Discriminatory Vendor List. In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the Discriminatory Vendor List, kept by the Florida Department of Management Services, may not submit a bid on a contract to provide goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. c. Non-Responsible Contractors. An entity or affiliate who has had its Certificate of Qualification suspended, revoked, denied, or have further been determined by the Department to be a non-responsible contractor, may not submit a bid or perform work for the construction or repair of a public building or public work on a contract with the Agency. Page 12 of 37 DocuSign Envelope ID: 365F821D-8640-44E3-AF3F-2CB3556D6253 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 07/22 d. Prohibition on Using Funds for Lobbying. No funds received pursuant to this Agreement may be expended for lobbying the Florida Legislature, judicial branch, or any state agency, in accordance with Section 216.347, Florida Statutes. e. Unauthorized Aliens. The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If the contractor knowingly employs unauthorized aliens, such violation will be cause for unilateral cancellation of this Agreement. f. Procurement of Construction Services. If the Project is procured pursuant to Chapter 255, Florida Statutes, for construction services and at the time of the competitive solicitation for the Project, 50 percent or more of the cost of the Project is to be paid from state-appropriated funds, then the Agency must comply with the requirements of Section 255.0991, Florida Statutes. g. E-Verify. The Agency shall: i. Utilize the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of all new employees hired by the Agency during the term of the contract; and ii. Expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security’s E- Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. h. Executive Order 20-44. Pursuant to Governor’s Executive Order 20-44, if the Agency is required by the Internal Revenue Code to file IRS Form 990 and is named in statute with which the Department must form a sole-source, public-private agreement; or through contract or other agreement with the State, annually receives 50% or more of its budget from the State or from a combination of State and Federal funds, Recipient shall submit an Annual Report to the Department, including the most recent IRS Form 990, detailing the total compensation for each member of the Agency executive leadership team. Total compensation shall include salary, bonuses, cashed-in leave, cash equivalents, severance pay, retirement benefits, deferred compensation, real-property gifts, and any other payout. The Agency shall inform the Department of any changes in total executive compensation during the period between the filing of Annual Reports within 60 days of any change taking effect. All compensation reports shall detail the percentage of executive leadership compensation received directly from all State and/or Federal allocations to the Agency. Annual Reports shall be in the form approved by the Department and shall be submitted to the Department at fdotsingleaudit@dot.state.fl.us within 180 days following the end of each tax year of the Agency receiving Department funding. i. Design Services and Construction Engineering and Inspection Services. If the Project is wholly or partially funded by the Department and administered by a local governmental entity, except for a seaport listed in Section 311.09, Florida Statutes, or an airport as defined in Section 332.004, Florida Statutes, the entity performing design and construction engineering and inspection services may not be the same entity. 18. Indemnification and Insurance: a. It is specifically agreed between the Parties executing this Agreement that it is not intended by any of the provisions of any part of this Agreement to create in the public or any member thereof, a third party beneficiary under this Agreement, or to authorize anyone not a party to this Agreement to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of this Agreement. The Agency guarantees the payment of all just claims for materials, supplies, tools, or labor and other just claims against the Agency or any Page 13 of 37 DocuSign Envelope ID: 365F821D-8640-44E3-AF3F-2CB3556D6253 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 07/22 subcontractor, in connection with this Agreement. Additionally, to the extent permitted by law and as limited by and pursuant to the provisions of Section 768.28, Florida Statutes, the Agency shall indemnify, defend, and hold harmless the State of Florida, Department of Transportation, including the Department’s officers and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorney’s fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the Agency and persons employed or utilized by the Agency in the performance of this Agreement. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the Department’s or the Agency’s sovereign immunity. This indemnification shall survive the termination of this Agreement. Additionally, the Agency agrees to include the following indemnification in all contracts with contractors/subcontractors and consultants/subconsultants who perform work in connection with this Agreement: “To the fullest extent permitted by law, the Agency’s contractor/consultant shall indemnify, defend, and hold harmless the Agency and the State of Florida, Department of Transportation, including the Department’s officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney’s fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of the contractor/consultant and persons employed or utilized by the contractor/consultant in the performance of this Agreement. This indemnification shall survive the termination of this Agreement.” b. The Agency shall provide Workers’ Compensation Insurance in accordance with Florida’s Workers’ Compensation law for all employees. If subletting any of the work, ensure that the subcontractor(s) and subconsultant(s) have Workers’ Compensation Insurance for their employees in accordance with Florida’s Workers’ Compensation law. If using “leased employees” or employees obtained through professional employer organizations (“PEO’s”), ensure that such employees are covered by Workers’ Compensation Insurance through the PEO’s or other leasing entities. Ensure that any equipment rental agreements that include operators or other personnel who are employees of independent contractors, sole proprietorships, or partners are covered by insurance required under Florida’s Workers' Compensation law. c. If the Agency elects to self-perform the Project, then the Agency may self-insure. If the Agency elects to hire a contractor or consultant to perform the Project, then the Agency shall carry, or cause its contractor or consultant to carry, Commercial General Liability insurance providing continuous coverage for all work or operations performed under this Agreement. Such insurance shall be no more restrictive than that provided by the latest occurrence form edition of the standard Commercial General Liability Coverage Form (ISO Form CG 00 01) as filed for use in the State of Florida. The Agency shall cause, or cause its contractor or consultant to cause, the Department to be made an Additional Insured as to such insurance. Such coverage shall be on an “occurrence” basis and shall include Products/Completed Operations coverage. The coverage afforded to the Department as an Additional Insured shall be primary as to any other available insurance and shall not be more restrictive than the coverage afforded to the Named Insured. The limits of coverage shall not be less than $1,000,000 for each occurrence and not less than a $5,000,000 annual general aggregate, inclusive of amounts provided by an umbrella or excess policy. The limits of coverage described herein shall apply fully to the work or operations performed under the Agreement, and may not be shared with or diminished by claims unrelated to the Agreement. The policy/ies and coverage described herein may be subject to a deductible and such deductibles shall be paid by the Named Insured. No policy/ies or coverage described herein may contain or be subject to a Retention or a Self-Insured Retention unless the Agency is a state agency or subdivision of the State of Florida that elects to self-perform the Project. Prior to the execution of the Agreement, and at all renewal periods which occur prior to final acceptance of the work, the Department shall be provided with an ACORD Certificate of Liability Insurance reflecting the Page 14 of 37 DocuSign Envelope ID: 365F821D-8640-44E3-AF3F-2CB3556D6253 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 07/22 coverage described herein. The Department shall be notified in writing within ten days of any cancellation, notice of cancellation, lapse, renewal, or proposed change to any policy or coverage described herein. The Department’s approval or failure to disapprove any policy/ies, coverage, or ACORD Certificates shall not relieve or excuse any obligation to procure and maintain the insurance required herein, nor serve as a waiver of any rights or defenses the Department may have. d. When the Agreement includes the construction of a railroad grade crossing, railroad overpass or underpass structure, or any other work or operations within the limits of the railroad right- of-way, including any encroachments thereon from work or operations in the vicinity of the railroad right-of-way, the Agency shall, or cause its contractor to, in addition to the insurance coverage required above, procure and maintain Railroad Protective Liability Coverage (ISO Form CG 00 35) where the railroad is the Named Insured and where the limits are not less than $2,000,000 combined single limit for bodily injury and/or property damage per occurrence, and with an annual aggregate limit of not less than $6,000,000. The railroad shall also be added along with the Department as an Additional Insured on the policy/ies procured pursuant to the paragraph above. Prior to the execution of the Agreement, and at all renewal periods which occur prior to final acceptance of the work, both the Department and the railroad shall be provided with an ACORD Certificate of Liability Insurance reflecting the coverage described herein. The insurance described herein shall be maintained through final acceptance of the work. Both the Department and the railroad shall be notified in writing within ten days of any cancellation, notice of cancellation, renewal, or proposed change to any policy or coverage described herein. The Department’s approval or failure to disapprove any policy/ies, coverage, or ACORD Certificates shall not relieve or excuse any obligation to procure and maintain the insurance required herein, nor serve as a waiver of any rights the Department may have. e. When the Agreement involves work on or in the vicinity of utility-owned property or facilities, the utility shall be added along with the Department as an Additional Insured on the Commercial General Liability policy/ies procured above. 19. Miscellaneous: a. Environmental Regulations. The Agency will be solely responsible for compliance with all applicable environmental regulations and for any liability arising from non-compliance with these regulations, and will reimburse the Department for any loss incurred in connection therewith. b. Non-Admission of Liability. In no event shall the making by the Department of any payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist on the part of the Agency and the making of such payment by the Department, while any such breach or default shall exist, shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. c. Severability. If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance, the remainder would then continue to conform to the terms and requirements of applicable law. d. Agency not an agent of Department. The Agency and the Department agree that the Agency, its employees, contractors, subcontractors, consultants, and subconsultants are not agents of the Department as a result of this Agreement. e. Bonus or Commission. By execution of the Agreement, the Agency represents that it has not paid and, also agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. Page 15 of 37 DocuSign Envelope ID: 365F821D-8640-44E3-AF3F-2CB3556D6253 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 07/22 f. Non-Contravention of State Law. Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision or perform any act or do any other thing in contravention of any applicable state law. If any of the provisions of the Agreement violate any applicable state law, the Agency will at once notify the Department in writing so that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the Project. g. Execution of Agreement. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which shall constitute the same Agreement. A facsimile or electronic transmission of this Agreement with a signature on behalf of a party will be legal and binding on such party. h. Federal Award Identification Number (FAIN). If the FAIN is not available prior to execution of the Agreement, the Department may unilaterally add the FAIN to the Agreement without approval of the Agency and without an amendment to the Agreement. If this occurs, an updated Agreement that includes the FAIN will be provided to the Agency and uploaded to the Department of Financial Services’ Florida Accountability Contract Tracking System (FACTS). i. Inspector General Cooperation. The Agency agrees to comply with Section 20.055(5), Florida Statutes, and to incorporate in all subcontracts the obligation to comply with Section 20.055(5), Florida Statutes. j. Law, Forum, and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. In the event of a conflict between any portion of the contract and Florida law, the laws of Florida shall prevail. The Agency agrees to waive forum and venue and that the Department shall determine the forum and venue in which any dispute under this Agreement is decided. IN WITNESS WHEREOF, the Parties have executed this Agreement on the day and year written above. AGENCY City of Clearwater By: Name: Title: STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION By: Name: Justin Hall Title: Director of Transportation Development STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION Legal Review: Martin Hernandez Page 16 of 37 DocuSign Envelope ID: 365F821D-8640-44E3-AF3F-2CB3556D6253 03/28/2023 | 10:50 AM EDT STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 01/23 EXHIBIT A Project Description and Responsibilities A. Project Description (description of Agency’s project to provide context, description of project components funded via this Agreement (if not the entire project)): Design New Terminal FBO Building at Clearwater Airpark B. Project Location (limits, city, county, map): Clearwater Air Park/Clearwater, FL/Pinellas C. Project Scope (allowable costs: describe project components, improvement type/service type, approximate timeline, project schedule, project size): As required by 215.971, F.S., this scope of work includes but is not limited to consultant and design fees, survey and geotechnical costs, permitting, construction inspection and material testing costs, mobilization and demobilization, maintenance of traffic, erosion control, demolition, pavement (access roadways, parking lots, and sidewalks), drainage, utilities, primary and back-up power supplies, building (foundation, structure, roof, MEP, drainage, and fire prevention and protection), pavement marking, lighting and signage, fencing and gates, landscaping (including outdoor lighting), and indoor/outdoor security systems, including all materials, equipment, labor, and incidentals required to complete the building project. The Sponsor will comply with Aviation Program Assurances. D. Deliverable(s): Design of new terminal and FBO facility at Clearwater Airpark. The project scope identifies the ultimate project deliverables. Deliverables for requisition, payment and invoice purposes will be the incremental progress made toward completion of project scope elements. Supporting documentation will be quantifiable, measurable, and verifiable, to allow for a determination of the amount of incremental progress that has been made, and provide evidence that the payment requested is commensurate with the accomplished incremental progress and costs incurred by the Agency. E. Unallowable Costs (including but not limited to): F. Transit Operating Grant Requirements (Transit Only): Transit Operating Grants billed as an operational subsidy will require an expenditure detail report from the Agency that matches the invoice period. The expenditure detail, along with the progress report, will be the required deliverables for Transit Operating Grants. Operating grants may be issued for a term not to exceed three years from execution. The original grant agreement will include funding for year one. Funding for years two and three will be added by amendment as long as the grantee has submitted all invoices on schedule and the project deliverables for the year have been met. Page 17 of 37 DocuSign Envelope ID: 365F821D-8640-44E3-AF3F-2CB3556D6253 Page 18 of 37 DocuSign Envelope ID: 365F821D-8640-44E3-AF3F-2CB3556D6253 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 01/23 EXHIBIT B Schedule of Financial Assistance FUNDS AWARDED TO THE AGENCY AND REQUIRED MATCHING FUNDS PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: A. Fund Type and Fiscal Year: Financial Management Number Fund Type FLAIR Category State Fiscal Year Object Code CSFA/ CFDA Number CSFA/CFDA Title or Funding Source Description Funding Amount 452861-1-94-01 452861-1-94-01 DPTO LF 088719 088719 2023 2023 751000 751000 55.004 55.004 Aviation Grant Program Aviation Grant Program $240,000.00 $60,000.00 Total Financial Assistance $300,000.00 B. Estimate of Project Costs by Grant Phase: Phases* State Local Federal Totals State % Local % Federal % Land Acquisition $0.00 $0.00 $0.00 $0.00 0.00 0.00 0.00 Planning $0.00 $0.00 $0.00 $0.00 0.00 0.00 0.00 Environmental/Design/Construction $240,000.00 $60,000.00 $0.00 $300,000.00 80.00 20.00 0.00 Capital Equipment/ Preventative Maintenance $0.00 $0.00 $0.00 $0.00 0.00 0.00 0.00 Match to Direct Federal Funding $0.00 $0.00 $0.00 $0.00 0.00 0.00 0.00 Mobility Management (Transit Only) $0.00 $0.00 $0.00 $0.00 0.00 0.00 0.00 Totals $240,000.00 $60,000.00 $0.00 $300,000.00 *Shifting items between these grant phases requires execution of an Amendment to the Public Transportation Grant Agreement. Scope Code and/or Activity Line Item (ALI) (Transit Only) BUDGET/COST ANALYSIS CERTIFICATION AS REQUIRED BY SECTION 216.3475, FLORIDA STATUTES: I certify that the cost for each line item budget category (grant phase) has been evaluated and determined to be allowable, reasonable, and necessary as required by Section 216.3475, Florida Statutes. Documentation is on file evidencing the methodology used and the conclusions reached. Raymond Clark Department Grant Manager Name Signature Date Page 19 of 37 DocuSign Envelope ID: 365F821D-8640-44E3-AF3F-2CB3556D6253 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 01/23 EXHIBIT C TERMS AND CONDITIONS OF CONSTRUCTION 1. Design and Construction Standards and Required Approvals. a. The Agency understands that it is responsible for the preparation and certification of all design plans for the Project. The Agency shall hire a qualified consultant for the design phase of the Project or, if applicable, the Agency shall require their design-build contractor or construction management contractor to hire a qualified consultant for the design phase of the Project. b. Execution of this Agreement by both Parties shall be deemed a Notice to Proceed to the Agency for the design phase or other non-construction phases of the Project. If the Project involves a construction phase, the Agency shall not begin the construction phase of the Project until the Department issues a Notice to Proceed for the construction phase. Prior to commencing the construction work described in this Agreement, the Agency shall request a Notice to Proceed from the Department’s Project Manager, Raymond Clark (email: raymond.clark@dot.state.fl.us) or from an appointed designee. Any construction phase work performed prior to the execution of this required Notice to Proceed is not subject to reimbursement. c. The Agency will provide one (1) copy of the final design plans and specifications and final bid documents to the Department’s Project Manager prior to bidding or commencing construction of the Project. d. The Agency shall require the Agency’s contractor to post a payment and performance bond in accordance with applicable law(s). e. The Agency shall be responsible to ensure that the construction work under this Agreement is performed in accordance with the approved construction documents, and that the construction work will meet all applicable Agency and Department standards. f. Upon completion of the work authorized by this Agreement, the Agency shall notify the Department in writing of the completion of construction of the Project; and for all design work that originally required certification by a Professional Engineer, this notification shall contain an Engineer’s Certification of Compliance, signed and sealed by a Professional Engineer, the form of which is attached to this Exhibit. The certification shall state that work has been completed in compliance with the Project construction plans and specifications. If any deviations are found from the approved plans or specifications, the certification shall include a list of all deviations along with an explanation that justifies the reason to accept each deviation. 2. Construction on the Department’s Right of Way. If the Project involves construction on the Department’s right-of-way, then the following provisions apply to any and all portions of the Project that are constructed on the Department’s right-of-way: a. The Agency shall hire a qualified contractor using the Agency’s normal bid procedures to perform the construction work for the Project. The Agency must certify that the installation of the Project is completed by a Contractor prequalified by the Department as required by Section 2 of the Standard Specifications for Road and Bridge Construction (2016), as amended, unless otherwise approved by the Department in writing or the Contractor exhibits past project experience in the last five years that are comparable in scale, composition, and overall quality to the site characterized within the scope of services of this Project. Page 20 of 37 DocuSign Envelope ID: 365F821D-8640-44E3-AF3F-2CB3556D6253 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 01/23 b. Construction Engineering Inspection (CEI) services will be provided by the Agency by hiring a Department prequalified consultant firm including one individual that has completed the Advanced Maintenance of Traffic Level Training, unless otherwise approved by the Department in writing. The CEI staff shall be present on the Project at all times that the contractor is working. Administration of the CEI staff shall be under the responsible charge of a State of Florida Licensed Professional Engineer who shall provide the certification that all design and construction for the Project meets the minimum construction standards established by Department. The Department shall approve all CEI personnel. The CEI firm shall not be the same firm as that of the Engineer of Record for the Project. The Department shall have the right, but not the obligation, to perform independent assurance testing during the course of construction of the Project. Notwithstanding the foregoing, the Department may issue a written waiver of the CEI requirement for portions of Projects involving the construction of bus shelters, stops, or pads. c. The Project shall be designed and constructed in accordance with the latest edition of the Department’s Standard Specifications for Road and Bridge Construction, the Department Design Standards, and the Manual of Uniform Traffic Control Devices (MUTCD). The following guidelines shall apply as deemed appropriate by the Department: the Department Structures Design Manual, AASHTO Guide Specifications for the Design of Pedestrian Bridges, AASHTO LRFD Bridge Design Specifications, Florida Design Manual, Manual for Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways (the “Florida Green Book”), and the Department Traffic Engineering Manual. The Agency will be required to submit any construction plans required by the Department for review and approval prior to any work being commenced. Should any changes to the plans be required during construction of the Project, the Agency shall be required to notify the Department of the changes and receive approval from the Department prior to the changes being constructed. The Agency shall maintain the area of the Project at all times and coordinate any work needs of the Department during construction of the Project. d. The Agency shall notify the Department a minimum of 48 hours before beginning construction within Department right-of-way. The Agency shall notify the Department should construction be suspended for more than 5 working days. The Department contact person for construction is . e. The Agency shall be responsible for monitoring construction operations and the maintenance of traffic (MOT) throughout the course of the Project in accordance with the latest edition of the Department Standard Specifications, section 102. The Agency is responsible for the development of a MOT plan and making any changes to that plan as necessary. The MOT plan shall be in accordance with the latest version of the Department Design Standards, Index 600 series. Any MOT plan developed by the Agency that deviates from the Department Design Standards must be signed and sealed by a professional engineer. MOT plans will require approval by the Department prior to implementation. f. The Agency shall be responsible for locating all existing utilities, both aerial and underground, and for ensuring that all utility locations be accurately documented on the construction plans. All utility conflicts shall be fully resolved directly with the applicable utility. g. The Agency will be responsible for obtaining all permits that may be required by other agencies or local governmental entities. h. It is hereby agreed by the Parties that this Agreement creates a permissive use only and all improvements located on the Department’s right-of-way resulting from this Agreement shall become the property of the Department. Neither the granting of the permission to use the Department right of way nor the placing of facilities upon the Department property shall operate to create or vest any property right to or in the Agency, except as may otherwise be provided in separate agreements. The Agency shall not acquire any right, title, interest or Page 21 of 37 DocuSign Envelope ID: 365F821D-8640-44E3-AF3F-2CB3556D6253 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 01/23 estate in Department right of way, of any nature or kind whatsoever, by virtue of the execution, operation, effect, or performance of this Agreement including, but not limited to, the Agency’s use, occupancy or possession of Department right of way. The Parties agree that this Agreement does not, and shall not be construed to, grant credit for any future transportation concurrency requirements pursuant to Chapter 163, F.S. i. The Agency shall not cause any liens or encumbrances to attach to any portion of the Department’s property, including but not limited to, the Department’s right-of-way. j. The Agency shall perform all required testing associated with the design and construction of the Project. Testing results shall be made available to the Department upon request. The Department shall have the right to perform its own independent testing during the course of the Project. k. The Agency shall exercise the rights granted herein and shall otherwise perform this Agreement in a good and workmanlike manner, with reasonable care, in accordance with the terms and provisions of this Agreement and all applicable federal, state, local, administrative, regulatory, safety and environmental laws, codes, rules, regulations, policies, procedures, guidelines, standards and permits, as the same may be constituted and amended from time to time, including, but not limited to, those of the Department, applicable Water Management District, Florida Department of Environmental Protection, the United States Environmental Protection Agency, the United States Army Corps of Engineers, the United States Coast Guard and local governmental entities. l. If the Department determines a condition exists which threatens the public’s safety, the Department may, at its discretion, cause construction operations to cease and immediately have any potential hazards removed from its right-of-way at the sole cost, expense, and effort of the Agency. The Agency shall bear all construction delay costs incurred by the Department. m. The Agency shall be responsible to maintain and restore all features that might require relocation within the Department right-of-way. n. The Agency will be solely responsible for clean up or restoration required to correct any environmental or health hazards that may result from construction operations. o. The acceptance procedure will include a final “walk-through” by Agency and Department personnel. Upon completion of construction, the Agency will be required to submit to the Department final as-built plans and an engineering certification that construction was completed in accordance to the plans. Submittal of the final as-built plans shall include one complete set of the signed and sealed plans on 11" X 17" plan sheets and an electronic copy prepared in Portable Document Format (PDF). Prior to the termination of this Agreement, the Agency shall remove its presence, including, but not limited to, all of the Agency’s property, machinery, and equipment from Department right-of-way and shall restore those portions of Department right of way disturbed or otherwise altered by the Project to substantially the same condition that existed immediately prior to the commencement of the Project. p. If the Department determines that the Project is not completed in accordance with the provisions of this Agreement, the Department shall deliver written notification of such to the Agency. The Agency shall have thirty (30) days from the date of receipt of the Department’s written notice, or such other time as the Agency and the Department mutually agree to in writing, to complete the Project and provide the Department with written notice of the same (the “Notice of Completion”). If the Agency fails to timely deliver the Notice of Completion, or if it is determined that the Project is not properly completed after receipt of the Notice of Completion, the Department, within its discretion may: 1) provide the Agency with written authorization granting such additional time as the Department deems appropriate to correct the deficiency(ies); or 2) correct the deficiency(ies) at the Agency’s sole cost and expense, Page 22 of 37 DocuSign Envelope ID: 365F821D-8640-44E3-AF3F-2CB3556D6253 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 01/23 without Department liability to the Agency for any resulting loss or damage to property, including, but not limited to, machinery and equipment. If the Department elects to correct the deficiency(ies), the Department shall provide the Agency with an invoice for the costs incurred by the Department and the Agency shall pay the invoice within thirty (30) days of the date of the invoice. q. The Agency shall implement best management practices for erosion and pollution control to prevent violation of state water quality standards. The Agency shall be responsible for the correction of any erosion, shoaling, or water quality problems that result from the construction of the Project. r. Portable Traffic Monitoring Site (PTMS) or a Telemetry Traffic Monitoring Site (TTMS) may exist within the vicinity of your proposed work. It is the responsibility of the Agency to locate and avoid damage to these sites. If a PTMS or TTMS is encountered during construction, the Department must be contacted immediately. s. During construction, highest priority must be given to pedestrian safety. If permission is granted to temporarily close a sidewalk, it should be done with the express condition that an alternate route will be provided, and shall continuously maintain pedestrian features to meet Americans Disability Act (ADA) standards. t. Restricted hours of operation will be as follows, unless otherwise approved by the Department’s District Construction Engineer or designee (insert hours and days of the week for restricted operation): u. Lane closures on the state road system must be coordinated with the Public Information Office at least two weeks prior to the closure. The contact information for the Department’s Public Information Office is: Insert District PIO contact info: Note: (Highlighted sections indicate need to confirm information with District Office or appropriate DOT person managing the Agreement) 3. Engineer’s Certification of Compliance. The Agency shall complete and submit and if applicable Engineer’s Certification of Compliance to the Department upon completion of the construction phase of the Project. Page 23 of 37 DocuSign Envelope ID: 365F821D-8640-44E3-AF3F-2CB3556D6253 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 01/23 ENGINEER’S CERTIFICATION OF COMPLIANCE PUBLIC TRANSPORTATION GRANT AGREEMENT BETWEEN THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION and PROJECT DESCRIPTION: DEPARTMENT CONTRACT NO.: FINANCIAL MANAGEMENT NO.: In accordance with the Terms and Conditions of the Public Transportation Grant Agreement, the undersigned certifies that all work which originally required certification by a Professional Engineer has been completed in compliance with the Project construction plans and specifications. If any deviations have been made from the approved plans, a list of all deviations, along with an explanation that justifies the reason to accept each deviation, will be attached to this Certification. Also, with submittal of this certification, the Agency shall furnish the Department a set of “as-built” plans for construction on the Department’s Right of Way certified by the Engineer of Record/CEI. By: , P.E. SEAL: Name: Date: Page 24 of 37 DocuSign Envelope ID: 365F821D-8640-44E3-AF3F-2CB3556D6253 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 01/23 EXHIBIT D AGENCY RESOLUTION PLEASE SEE ATTACHED Page 25 of 37 DocuSign Envelope ID: 365F821D-8640-44E3-AF3F-2CB3556D6253 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 01/23 EXHIBIT E PROGRAM SPECIFIC TERMS AND CONDITIONS - AVIATION AVIATION PROGRAM ASSURANCES A. General. 1. The assurances herein shall form an integral part of the Agreement between the Department and the Agency. 2. These assurances delineate the obligations of the Parties to this Agreement to ensure their commitment and compliance with specific provisions of Exhibit “A”, Project Description and Responsibilities, and Exhibit “B”, Schedule of Financial Assistance, as well as serving to protect public investment in public-use airports and the continued viability of the Florida Aviation System. 3. The Agency shall comply with the assurances as specified in this Agreement. 4. The terms and assurances of this Agreement shall remain in full force and effect throughout the useful life of a facility developed; equipment acquired; or Project items installed within a facility for an airport development or noise compatibility program project, but shall not exceed 20 years from the effective date of this Agreement. 5. There shall be no limit on the duration of the terms and assurances of this Agreement regarding Exclusive Rights and Airport Revenue so long as the property is used as a public airport. 6. There shall be no limit on the duration of the terms and assurances of this Agreement with respect to real property acquired with funds provided by this Agreement. 7. Subject to appropriations, the Department shall continue to comply with its financial commitment to this Project under the terms of this Agreement, until such time as the Department may determine that the Agency has failed to comply with the terms and assurances of this Agreement. 8. An Agency that has been determined by the Department to have failed to comply with either the terms of these Assurances, or the terms of the Agreement, or both, shall be notified, in writing, by the Department, identifying the specifics of the non-compliance and any corrective action by the Agency to remedy the failure. 9. Failure by the Agency to satisfactorily remedy the non-compliance shall absolve the Department’s continued financial commitment to this Project and immediately require the Agency to repay the Department the full amount of funds expended by the Department on this Project. 10. Any history of failure to comply with the terms and assurances of an Agreement will jeopardize the Agency’s eligibility for further state funding of airport projects by the Department. B. Agency Compliance Certification. 1. General Certification. The Agency hereby certifies, with respect to this Project, it will comply, within its authority, with all applicable, current laws and rules of the State of Florida and applicable local governments, as well as Department policies, guidelines, and requirements, including but not limited to, the following (latest version of each document): a. Florida Statutes (F.S.) • Chapter 163, F.S., Intergovernmental Programs • Chapter 329, F.S., Aircraft: Title; Liens; Registration; Liens • Chapter 330, F.S., Regulation of Aircraft, Pilots, and Airports • Chapter 331, F.S., Aviation and Aerospace Facilities and Commerce • Chapter 332, F.S., Airports and Other Air Navigation Facilities • Chapter 333, F.S., Airport Zoning Page 26 of 37 DocuSign Envelope ID: 365F821D-8640-44E3-AF3F-2CB3556D6253 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 01/23 b. Florida Administrative Code (FAC) • Chapter 73C-41, FAC, Community Planning; Governing the Procedure for the Submittal and Review of Local Government Comprehensive Plans and Amendments • Chapter 14-60, FAC, Airport Licensing, Registration, and Airspace Protection • Section 62-256.300, FAC, Open Burning, Prohibitions • Section 62-701.320(13), FAC, Solid Waste Management Facility Permit Requirements, General, Airport Safety c. Local Government Requirements • Airport Zoning Ordinance • Local Comprehensive Plan d. Department Requirements • Eight Steps of Building a New Airport • Florida Airport Revenue Use Guide • Florida Aviation Project Handbook • Guidebook for Airport Master Planning • Airport Compatible Land Use Guidebook 2. Construction Certification. The Agency hereby certifies, with respect to a construction-related project, that all design plans and specifications will comply with applicable federal, state, local, and professional standards, as well as Federal Aviation Administration (FAA) Advisory Circulars (AC’s) and FAA issued waivers thereto, including but not limited to, the following: a. Federal Requirements • FAA AC 70/7460-1, Obstruction Marking and Lighting • FAA AC 150/5300-13, Airport Design • FAA AC 150/5370-2, Operational Safety on Airports During Construction • FAA AC 150/5370-10, Standards for Specifying Construction of Airports b. Local Government Requirements • Local Building Codes • Local Zoning Codes c. Department Requirements • Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways (Commonly Referred to as the “Florida Green Book”) • Manual on Uniform Traffic Control Devices • Section 14-60.007, FAC, Airfield Standards for Licensed Airports • Standard Specifications for Construction of General Aviation Airports • Design Guidelines & Minimum Standard Requirements for T-Hangar Projects 3. Land Acquisition Certification. The Agency hereby certifies, regarding land acquisition, that it will comply with applicable federal and/or state policies, regulations, and laws, including but not limited to the following: a. Federal Requirements • Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 • National Environmental Policy of 1969 • FAA Order 5050.4, National Environmental Policy Act Implementing Instructions for Airport Projects • FAA Order 5100.37B, Land Acquisition and Relocation Assistance for Airport Projects b. Florida Requirements • Chapter 73, F.S., Eminent Domain (re: Property Acquired Through Condemnation) • Chapter 74, F.S., Proceedings Supplemental to Eminent Domain (re: Condemnation) • Section 286.23, F.S., Public Business: Miscellaneous Provisions Page 27 of 37 DocuSign Envelope ID: 365F821D-8640-44E3-AF3F-2CB3556D6253 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 01/23 C. Agency Authority. 1. Legal Authority. The Agency hereby certifies, with respect to this Agreement, that it has the legal authority to enter into this Agreement and commit to this Project; that a resolution, motion, or similar action has been duly adopted or passed as an official act of the airport sponsor’s governing body authorizing this Agreement, including assurances contained therein, and directing and authorizing the person identified as the official representative of the governing body to act on its behalf with respect to this Agreement and to provide any additional information as may be required. 2. Financial Authority. The Agency hereby certifies, with respect to this Agreement, that it has sufficient funds available for that portion of the Project costs which are not paid by the U.S. Government or the State of Florida; that it has sufficient funds available to assure future operation and maintenance of items funded by this Project, which it will control; and that authority has been granted by the airport sponsor governing body to commit those funds to this Project. D. Agency Responsibilities. The Agency hereby certifies it currently complies with or will comply with the following responsibilities: 1. Accounting System. a. The Agency shall create and maintain a separate account to document all of the financial transactions related to the airport as a distinct entity. b. The accounting records shall be kept by the Agency or its authorized representative in accordance with Generally Accepted Accounting Principles and in an accounting system that will facilitate an effective audit in accordance with the 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards and Section 215.97, F.S., Florida Single Audit Act. c. The Department has the right to audit and inspect all financial records of the Agency upon reasonable notice. 2. Good Title. a. The Agency holds good title, satisfactory to the Department, to the airport or site thereof, or gives assurance, satisfactory to the Department, that good title will be obtained. b. For noise compatibility program projects undertaken on the airport sponsor’s property, the Agency holds good title, satisfactory to the Department, to that portion of the property upon which state funds will be expended, or gives assurance, satisfactory to the Department, that good title will be obtained. 3. Preserving Rights and Powers. a. The Agency shall not take or permit any action which would operate to deprive it of any of the rights and powers necessary to perform any or all of the terms and assurances of this Agreement without the written approval of the Department. Further, the Agency shall act promptly to acquire, extinguish, or modify, in a manner acceptable to the Department, any outstanding rights or claims of right of others which would interfere with such performance by the Agency. b. If an arrangement is made for management and operation of the airport by any entity or person other than the Agency or an employee of the Agency, the Agency shall reserve sufficient rights and authority to ensure that the airport will be operated and maintained in accordance with the terms and assurances of this Agreement. 4. Hazard Removal and Mitigation. Page 28 of 37 DocuSign Envelope ID: 365F821D-8640-44E3-AF3F-2CB3556D6253 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 01/23 a. For airport hazards located on airport controlled property, the Agency shall clear and protect terminal airspace required for instrument and visual operations at the airport (including established minimum flight altitudes) by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. b. For airport hazards not located on airport controlled property, the Agency shall work in conjunction with the governing public authority or private land owner of the property to clear and protect terminal airspace required for instrument and visual operations at the airport (including established minimum flight altitudes) by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. The Agency may enter into an agreement with surrounding property owners or pursue available legal remedies to remove potential hazards to air navigation. 5. Airport Compatible Land Use. a. The Agency assures that appropriate airport zoning ordinances are in place consistent with Section 333.03, F.S., or if not in place, that it will take appropriate action necessary to ensure local government adoption of an airport zoning ordinance or execution of an interlocal agreement with another local government body having an airport zoning ordinance, consistent with the provisions of Section 333.03, F.S. b. The Agency assures that it will disapprove or oppose any attempted alteration or creation of objects, natural or man-made, dangerous to navigable airspace or that would adversely affect the current or future levels of airport operations. c. The Agency assures that it will disapprove or oppose any attempted change in local land use development regulations that would adversely affect the current or future levels of airport operations by creation or expansion of airport incompatible land use areas. 6. Consistency with Local Government Plans. a. The Agency assures the Project is consistent with the currently existing and planned future land use development plans approved by the local government having jurisdictional responsibility for the area surrounding the airport. b. The Agency assures that it has given fair consideration to the interest of local communities and has had reasonable consultation with those parties affected by the Project. c. The Agency shall consider and take appropriate actions, if deemed warranted by the Agency, to adopt the current, approved Airport Master Plan into the local government comprehensive plan. 7. Consistency with Airport Master Plan and Airport Layout Plan. a. The Agency assures that the project, covered by the terms and assurances of this Agreement, is consistent with the most current Airport Master Plan. b. The Agency assures that the Project, covered by the terms and assurances of this Agreement, is consistent with the most current, approved Airport Layout Plan (ALP), which shows: 1) The boundaries of the airport and all proposed additions thereto, together with the boundaries of all offsite areas owned or controlled by the Agency for airport purposes and proposed additions thereto; 2) The location and nature of all existing and proposed airport facilities and structures (such as runways, taxiways, aprons, terminal buildings, hangars, and roads), including all proposed extensions and reductions of existing airport facilities; and 3) The location of all existing and proposed non-aviation areas on airport property and of all existing improvements thereon. Page 29 of 37 DocuSign Envelope ID: 365F821D-8640-44E3-AF3F-2CB3556D6253 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 01/23 c. The Agency assures that it will not make or permit any changes or alterations on the airport or any of its facilities that are not consistent with the Airport Master Plan and the Airport Layout Plan, as approved by the Department. d. Original Airport Master Plans and Airport Layout Plans and each amendment, revision, or modification thereof, will be subject to the approval of the Department. 8. Airport Financial Plan. a. The Agency assures that it will develop and maintain a cost-feasible Airport financial plan to accomplish the projects necessary to achieve the proposed airport improvements identified in the Airport Master Plan and depicted in the Airport Layout Plan, and any updates thereto. The Agency’s Airport financial plan must comply with the following conditions: 1) The Airport financial plan will be a part of the Airport Master Plan. 2) The Airport financial plan will realistically assess project phasing considering availability of state and local funding and likelihood of federal funding under the FAA’s priority system. 3) The Airport financial plan will not include Department funding for projects that are inconsistent with the local government comprehensive plan. b. All Project cost estimates contained in the Airport financial plan shall be entered into and kept current in the Florida Aviation Database (FAD) Joint Automated Capital Improvement Program (JACIP) website. 9. Airport Revenue. The Agency assures that all revenue generated by the airport will be expended for capital improvement or operating costs of the airport; the local airport system; or other local facilities which are owned or operated by the owner or operator of the airport and which are directly and substantially related to the air transportation of passengers or property, or for environmental or noise mitigation purposes on or off the airport. 10. Fee and Rental Structure. a. The Agency assures that it will maintain a fee and rental structure for facilities and services at the airport that it will make the airport as self-sustaining as possible under the circumstances existing at the particular airport. b. If this Agreement results in a facility that will be leased or otherwise produce revenue, the Agency assures that the price charged for that facility will be based on the market value. 11. Public-Private Partnership for Aeronautical Uses. a. If the airport owner or operator and a person or entity that owns an aircraft or an airport tenant or potential tenant agree that an aircraft hangar or tenant-specific facility, respectively, is to be constructed on airport property for aircraft storage or tenant use at the expense of the aircraft owner or tenant, the airport owner or operator may grant to the aircraft owner or tenant of the facility a lease that is subject to such terms and conditions on the facility as the airport owner or operator may impose, subject to approval by the Department. b. The price charged for said lease will be based on market value, unless otherwise approved by the Department. 12. Economic Nondiscrimination. a. The Agency assures that it will make the airport available as an airport for public use on reasonable terms without unjust discrimination to all types, kinds and classes of aeronautical activities, including commercial aeronautical activities offering services to the public. 1) The Agency may establish such reasonable, and not unjustly discriminatory, conditions to be met by all users of the airport as may be necessary for the safe and efficient operation of the airport. Page 30 of 37 DocuSign Envelope ID: 365F821D-8640-44E3-AF3F-2CB3556D6253 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 01/23 2) The Agency may prohibit or limit any given type, kind or class of aeronautical use of the airport if such action is necessary for the safe operation of the airport or necessary to serve the civil aviation needs of the public. b. The Agency assures that each airport Fixed-Based Operator (FBO) shall be subject to the same rates, fees, rentals, and other charges as are uniformly applicable to all other FBOs making the same or similar uses of such airport and utilizing the same or similar facilities. 13. Air and Water Quality Standards. The Agency assures that all projects involving airport location, major runway extension, or runway location will be located, designed, constructed, and operated so as to comply with applicable air and water quality standards. 14. Operations and Maintenance. a. The Agency assures that the airport and all facilities, which are necessary to serve the aeronautical users of the airport, shall be operated at all times in a safe and serviceable condition and in accordance with the minimum standards as may be required or prescribed by applicable federal and state agencies for maintenance and operation, as well as minimum standards established by the Department for State of Florida licensing as a public-use airport. 1) The Agency assures that it will not cause or permit any activity or action thereon which would interfere with its use for airport purposes. 2) Except in emergency situations, any proposal to temporarily close the airport for non-aeronautical purposes must first be approved by the Department. 3) The Agency assures that it will have arrangements for promptly notifying airmen of any condition affecting aeronautical use of the airport. b. Nothing contained herein shall be construed to require that the airport be operated for aeronautical use during temporary periods when adverse weather conditions interfere with safe airport operations. 15. Federal Funding Eligibility. a. The Agency assures it will take appropriate actions to maintain federal funding eligibility for the airport and it will avoid any action that renders the airport ineligible for federal funding. b. If the Agency becomes ineligible for federal funding of airport projects, such determination will render the Agency ineligible for state funding of airport projects. 16. Project Implementation. a. The Agency assures that it will begin making expenditures or incurring obligations pertaining to this Project within one year after the effective date of this Agreement. b. The Agency may request a one-year extension of this one-year time period, subject to approval by the Department District Secretary or designee. c. Failure of the Agency to make expenditures, incur obligations or receive an approved extension may allow the Department to terminate this Agreement. 17. Exclusive Rights. The Agency assures that it will not permit any exclusive right for use of the airport by any person providing, or intending to provide, aeronautical services to the public. 18. Airfield Access. a. The Agency assures that it will not grant or allow general easement or public access that opens onto or crosses the airport runways, taxiways, flight line, passenger facilities, or any area used for emergency Page 31 of 37 DocuSign Envelope ID: 365F821D-8640-44E3-AF3F-2CB3556D6253 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 01/23 equipment, fuel, supplies, passengers, mail and freight, radar, communications, utilities, and landing systems, including but not limited to flight operations, ground services, emergency services, terminal facilities, maintenance, repair, or storage, except for those normal airport providers responsible for standard airport daily services or during special events at the airport open to the public with limited and controlled access. b. The Agency assures that it will not grant or allow general easement or public access to any portion of the airfield from adjacent real property which is not owned, operated, or otherwise controlled by the Agency without prior Department approval. 19. Retention of Rights and Interests.The Agency will not sell, lease, encumber, or otherwise transfer or dispose of any part of its title or other interests in the real property shown as airport owned or controlled on the current airport layout plan without prior written approval by the Department. It will not sell, lease, encumber, terminate, waive, or otherwise transfer or dispose of any part of its title, rights, or other interest in existing noise easements or avigation easements on any property, airport or non-airport, without prior written approval by the Department. These assurances shall not limit the Agency’s right to lease airport property for airport-compatible purposes. 20. Consultant, Contractor, Scope, and Costs. a. The Department has the right to disapprove the Agency’s employment of consultants, contractors, and subcontractors for all or any part of this Project if the specific consultants, contractors, or subcontractors have a record of poor project performance with the Department. b. Further, the Department maintains the right to disapprove the proposed Project scope and cost of professional services. 21. Planning Projects. For all planning projects or other aviation studies, the Agency assures that it will: a. Execute the project per the approved project narrative or with approved modifications. b. Furnish the Department with such periodic project and work activity reports as indicated in the approved scope of services. c. Make such project materials available for public review, unless exempt from public disclosure. 1) Information related to airport security is considered restricted information and is exempt from public dissemination per Sections 119.071(3) and 331.22 F.S. 2) No materials prepared under this Agreement shall be subject to copyright in the United States or any other country. d. Grant the Department unrestricted authority to publish, disclose, distribute, and otherwise use any of the material prepared in connection with this Agreement. e. If the Project involves developing an Airport Master Plan or an Airport Layout Plan, and any updates thereto, it will be consistent with provisions of the Florida Aviation System Plan, will identify reasonable future growth of the airport and the Agency will comply with the Department airport master planning guidebook, including: 1) Provide copies, in electronic and editable format, of final Project materials to the Department, including computer-aided drafting (CAD) files of the Airport Layout Plan. 2) Develop a cost-feasible financial plan, approved by the Department, to accomplish the projects described in the Airport Master Plan or depicted in the Airport Layout Plan, and any updates thereto. The cost-feasible financial plan shall realistically assess Project phasing considering availability of state and local funding and federal funding under the FAA’s priority system. 3) Enter all projects contained in the cost-feasible plan in the Joint Automated Capital Improvement Program (JACIP). Page 32 of 37 DocuSign Envelope ID: 365F821D-8640-44E3-AF3F-2CB3556D6253 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 01/23 f. The Agency understands and agrees that Department approval of this Agreement or any planning material developed as part of this Agreement does not constitute or imply any assurance or commitment on the part of the Department to approve any pending or future application for state aviation funding. g. The Agency will submit master planning draft and final deliverables for Department and, if required, FAA approval prior to submitting any invoices to the Department for payment. 22. Land Acquisition Projects. For the purchase of real property, the Agency assures that it will: a. Laws. Acquire the land in accordance with federal and/or state laws governing such action. b. Administration. Maintain direct control of Project administration, including: 1) Maintain responsibility for all related contract letting and administrative procedures related to the purchase of real property. 2) Secure written Department approval to execute each agreement for the purchase of real property with any third party. 3) Ensure a qualified, State-certified general appraiser provides all necessary services and documentation. 4) Furnish the Department with a projected schedule of events and a cash flow projection within 20 calendar days after completion of the review appraisal. 5) Establish a Project account for the purchase of the land. 6) Collect and disburse federal, state, and local project funds. c. Reimbursable Funds. If funding conveyed by this Agreement is reimbursable for land purchase in accordance with Chapter 332, F.S., the Agency shall comply with the following requirements: 1) The Agency shall apply for a FAA Airport Improvement Program grant for the land purchase within 60 days of executing this Agreement. 2) If federal funds are received for the land purchase, the Agency shall notify the Department, in writing, within 14 calendar days of receiving the federal funds and is responsible for reimbursing the Department within 30 calendar days to achieve normal project federal, state, and local funding shares per Chapter 332, F.S. 3) If federal funds are not received for the land purchase, the Agency shall reimburse the Department within 30 calendar days after the reimbursable funds are due in order to achieve normal project state and local funding shares as described in Chapter 332, F.S. 4) If federal funds are not received for the land purchase and the state share of the purchase is less than or equal to normal state and local funding shares per Chapter 332, F.S., when reimbursable funds are due, no reimbursement to the Department shall be required. d. New Airport. If this Project involves the purchase of real property for the development of a new airport, the Agency assures that it will: 1) Apply for federal and state funding to construct a paved runway, associated aircraft parking apron, and connecting taxiway within one year of the date of land purchase. 2) Complete an Airport Master Plan within two years of land purchase. 3) Complete airport construction for basic operation within 10 years of land purchase. e. Use of Land. The Agency assures that it shall use the land for aviation purposes in accordance with the terms and assurances of this Agreement within 10 years of acquisition. f. Disposal of Land. For the disposal of real property the Agency assures that it will comply with the following: 1) For land purchased for airport development or noise compatibility purposes, the Agency shall, when the land is no longer needed for such purposes, dispose of such land at fair market value and/or make available to the Department an amount equal to the state’s proportionate share of its market value. Page 33 of 37 DocuSign Envelope ID: 365F821D-8640-44E3-AF3F-2CB3556D6253 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 01/23 2) Land will be considered to be needed for airport purposes under this assurance if: a) It serves aeronautical purposes such as a runway protection zone or as a noise buffer. b) Revenue from uses of such land contributes to airport financial self-sufficiency. 3) Disposition of land under Sections D.22.f.1. or D.22.f.2. of this Exhibit, above, shall be subject to retention or reservation of any interest or right therein needed to ensure such land will only be used for purposes compatible with noise levels related to airport operations. 4) Revenues from the sale of such land must be accounted for as outlined in Section D.1. of this Exhibit, and expended as outlined in Section D.9. of this Exhibit. 23. Construction Projects. The Agency assures that it will: a. Project Certifications. Certify Project compliances, including: 1) Consultant and contractor selection comply with all applicable federal, state and local laws, rules, regulations, and policies. 2) All design plans and specifications comply with federal, state, and professional standards and applicable FAA advisory circulars, as well as the minimum standards established by the Department for State of Florida licensing as a public-use airport. 3) Completed construction complies with all applicable local building codes. 4) Completed construction complies with the Project plans and specifications with certification of that fact by the Project Engineer. b. Design Development. For the plans, specifications, construction contract documents, and any and all other engineering, construction, and contractual documents produced by the Engineer, which are hereinafter collectively referred to as "plans", the Engineer will certify that: 1) The plans shall be developed in accordance with sound engineering and design principles, and with generally accepted professional standards. 2) The plans shall be consistent with the intent of the Project as defined in Exhibit A and Exhibit B of this Agreement. 3) The Project Engineer shall perform a review of the certification requirements listed in Section B.2. of this Exhibit, Construction Certification, and make a determination as to their applicability to this Project. 4) Development of the plans shall comply with all applicable laws, ordinances, zoning and permitting requirements, public notice requirements, and other similar regulations. c. Inspection and Approval. The Agency assures that: 1) The Agency will provide and maintain competent technical supervision at the construction site throughout the Project to assure that the work conforms to the plans, specifications, and schedules approved by the Department, as applicable, for the Project. 2) The Agency assures that it will allow the Department to inspect the work and that it will provide any cost and progress reporting, as may be required by the Department. 3) The Agency assures that it will take the appropriate corrective action necessary, as required by the Department, for work which does not conform to the Department standards. d. Pavement Preventive Maintenance. The Agency assures that for a project involving replacement or reconstruction of runway or taxiway pavement it has implemented an airport pavement maintenance management program and that it will use such program for the useful life of any pavement constructed, reconstructed, or repaired with state financial assistance at the airport. Page 34 of 37 DocuSign Envelope ID: 365F821D-8640-44E3-AF3F-2CB3556D6253 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 01/23 24. Noise Mitigation Projects. The Agency assures that it will: a. Government Agreements. For all noise compatibility projects that are carried out by another unit of local government or are on property owned by a unit of local government other than the Agency, the Agency shall enter into an agreement with that government body. 1) The local agreement, satisfactory to the Department, shall obligate the unit of local government to the same terms and assurances that apply to the Agency. 2) The Agency assures that it will take steps to enforce the local agreement if there is substantial non- compliance with the terms of the local agreement. b. Private Agreements. For noise compatibility projects on privately owned property: 1) The Agency shall enter into an agreement with the owner of that property to exclude future actions against the airport. 2) The Agency assures that it will take steps to enforce such agreement if there is substantial non- compliance with the terms of the agreement. - End of Exhibit E - Page 35 of 37 DocuSign Envelope ID: 365F821D-8640-44E3-AF3F-2CB3556D6253 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 01/23 EXHIBIT F Contract Payment Requirements Florida Department of Financial Services, Reference Guide for State Expenditures Cost Reimbursement Contracts Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category (salary, travel, expenses, etc.). Supporting documentation shall be submitted for each amount for which reimbursement is being claimed indicating that the item has been paid. Documentation for each amount for which reimbursement is being claimed must indicate that the item has been paid. Check numbers may be provided in lieu of copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures for categories in the approved agreement budget may be reimbursed. These expenditures must be allowable (pursuant to law) and directly related to the services being provided. Listed below are types and examples of supporting documentation for cost reimbursement agreements: (1) Salaries: A payroll register or similar documentation should be submitted. The payroll register should show gross salary charges, fringe benefits, other deductions and net pay. If an individual for whom reimbursement is being claimed is paid by the hour, a document reflecting the hours worked times the rate of pay will be acceptable. (2) Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid on behalf of the employee (e.g., insurance premiums paid). If the contract specifically states that fringe benefits will be based on a specified percentage rather than the actual cost of fringe benefits, then the calculation for the fringe benefits amount must be shown. Exception: Governmental entities are not required to provide check numbers or copies of checks for fringe benefits. (3) Travel: Reimbursement for travel must be in accordance with Section 112.061, Florida Statutes, which includes submission of the claim on the approved State travel voucher or electronic means. (4) Other direct costs: Reimbursement will be made based on paid invoices/receipts. If nonexpendable property is purchased using State funds, the contract should include a provision for the transfer of the property to the State when services are terminated. Documentation must be provided to show compliance with Department of Management Services Rule 60A-1.017, Florida Administrative Code, regarding the requirements for contracts which include services and that provide for the contractor to purchase tangible personal property as defined in Section 273.02, Florida Statutes, for subsequent transfer to the State. (5) In-house charges: Charges which may be of an internal nature (e.g., postage, copies, etc.) may be reimbursed on a usage log which shows the units times the rate being charged. The rates must be reasonable. (6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate, then the calculation should be shown. Contracts between state agencies, and/or contracts between universities may submit alternative documentation to substantiate the reimbursement request that may be in the form of FLAIR reports or other detailed reports. The Florida Department of Financial Services, online Reference Guide for State Expenditures can be found at this web address https://www.myfloridacfo.com/Division/AA/Manuals/documents/ReferenceGuideforStateExpenditures.pdf. Page 36 of 37 DocuSign Envelope ID: 365F821D-8640-44E3-AF3F-2CB3556D6253 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 01/23 EXHIBIT G AUDIT REQUIREMENTS FOR AWARDS OF STATE FINANCIAL ASSISTANCE THE STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: SUBJECT TO SECTION 215.97, FLORIDA STATUTES:~ Awarding Agency: Florida Department of Transportation State Project Title: Aviation Grant Program CSFA Number: 55.004 *Award Amount: $240,000 *The award amount may change with amendments Specific project information for CSFA Number 55.004 is provided at: https://apps.fldfs.com/fsaa/searchCatalog.aspx COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT: State Project Compliance Requirements for CSFA Number 55.004 are provided at: https://apps.fldfs.com/fsaa/searchCompliance.aspx The State Projects Compliance Supplement is provided at: https://apps.fldfs.com/fsaa/compliance.aspx Page 37 of 37 DocuSign Envelope ID: 365F821D-8640-44E3-AF3F-2CB3556D6253 FLORIDA DEPARTMENT OF TRANSPORTATION FUNDS APPROVAL G2I04 3/28/2023 CONTRACT INFORMATION FUNDS APPROVAL INFORMATION FUNDS APPROVED/REVIEWED FOR ROBIN M. NAITOVE, CPA, COMPTROLLER ON 3/28/2023 Action:Original Reviewed or Approved:APPROVED Organization Code:55072020728 Expansion Option:A6 Object Code:751000 Amount:$240,000.00 Financial Project:45286119401 Work Activity (FCT):215 CFDA: Fiscal Year:2023 Budget Entity:55100100 Category/Category Year:088719/23 Amendment ID:O001 Sequence:00 User Assigned ID: Enc Line (6s)/Status:0001/04 Total Amount:$240,000.00 Contract:G2I04 Contract Type:GD - GRANT DISBURSEMENT (GRANT) Vendor Name:CITY OF CLEARWATER Vendor ID:F596000289005 Beginning Date of This Agreement:03/27/2023 Ending Date of This Agreement:06/30/2026 Contract Total/Budgetary Ceiling:ct = $240,000.00 Method of Procurement:G - GOVERMENTAL AGENCY (287.057,F.S.) Description:Design New Terminal FBO Building Page1 of 1 To: Raymond.Clark@dot.state.fl.us DocuSign Envelope ID: 365F821D-8640-44E3-AF3F-2CB3556D6253 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#24-0897 Agenda Date: 9/4/2024 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Marine & Aviation Agenda Number: 6.18 SUBJECT/RECOMMENDATION: Approve Work Order to American Infrastructure Development, Inc., of Tampa, FL, for Airpark Terminal and Parking Lot Improvements (23-0015-AP) design in the amount of $432,400.50 pursuant to Request for Qualification (RFQ) 17-24 and authorize the appropriate officials to execute same. (consent) SUMMARY: On January 12, 2023, City Council approved the Lease and Property Operating Agreement (Operating Agreement) with FlyUSA to manage the Clearwater Airpark, and subsequently approved the First Amendment to the Lease and Property Operating Agreement on March 7, 2024. On May 18, 2023, Council Approved a Resolution 23-07 and a Public Transportation Grant Agreement with the Florida Department of Transportation in the amount of $300,000.00 for the design of a new terminal building at Clearwater Airpark (Grant 1). FDOT is to pay 80% ($240,000.00) with the Airpark Reserves to match 20% ($60,000.00) which will be reimbursed by the Airpark Operator, FlyUSA, through terms of their operating agreement. On February 15, 2024, Council Approved a Resolution 24-01 and a Public Transportation Grant Agreement with the Florida Department of Transportation in the amount of $800,000.00 for the design and expansion of the Clearwater Airpark parking lot (Grant 2). The State is to pay 80% ($640,000.00) and the Airpark Reserves to pay 20% ($160,000.00) which will be reimbursed by FlyUSA. On January 22, 2024, A Request for Qualifications (RFQ 17-24) solicitation was released for Design Services for Airpark Renovations. The selection committee consisting of representatives from Public Works, Marine and Aviation, and FlyUSA carefully reviewed each of the submittals received. Each submittal was ranked on the RFQ criteria and overall responsiveness to the RFQ requirements. American Infrastructure Development, Inc. was selected to provide the requested Design Services due to their demonstrated experience in design work, working within the assurances of Public Transportation Grant Agreements, and designing terminal buildings and other airport facilities specifically working within all regulations set forth by FAA and FDOT. American Infrastructure Development, Inc. will provide discovery, conceptual design services including programming, conceptual design rendered elevations, development of permit and construction documents and full A/E services for the terminal building and parking lot sitework. They will also be providing architectural, civil, building, structural, mechanical, electrical, plumbing and fire protection service and will serve as the prime consultant for the project. The design cost for the parking lot is $71,773.00. The design cost for the terminal and FBO building is $360,627.50, which exceeds the FDOT match of $240,000.00 under Grant 1. The City plans to seek additional grant funding through an amendment to Grant 1, the application of which is pending. Regardless of whether or not additional funding is awarded, FlyUSA is responsible for reimbursing the City for any additional cash match required for grants or covering 100% of the remaining costs for redeveloping the Page 1 City of Clearwater Printed on 9/3/2024 File Number: ID#24-0897 terminal and FBO building, as indicated in Article 12 of the Lease and Property Operation Agreement between the City of Clearwater and FlyUSA. APPROPRIATION CODE AND AMOUNT: Funds are available in capital improvement project 302-G2307, Airpark Operations Center, to fund this work order. This project is funded by grant revenues from FDOT and reimbursement revenues from the airpark operator, FlyUSA. STRATEGIC PRIORITY: High Performing Government 1.2 Maintain public infrastructure, mobility systems, natural lands, environmental resources, and historic features through systematic management efforts. Economic & Housing Opportunity 2.2 Cultivate a business climate that welcomes entrepreneurship, inspires local investment, supports eco-friendly enterprises, and encourages high-quality job growth. 2.3 Promote Clearwater as a premier destination for entertainment, cultural experiences, tourism, and national sporting events. Page 2 City of Clearwater Printed on 9/3/2024 DocuSign Envelope ID: E918E5F7-CAD9-47CF-86BD-6234198C9D6D RESOLUTION NO 23-07 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA AUTHORIZING THE EXECUTION OF A JOINT PARTICIPATION AGREEMENT BETWEEN THE CITY OF CLEARWATER AND THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION, FOR A GRANT TO DESIGN NEW TERMINAL AND FBO BUILDING AT THE CLEARWATER AIRPARK; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Florida Department of Transportation (FDOT) has agreed to a grant to provide funding for designing a new terminal and FBO building at the Clearwater Airpark under Joint Participation Agreement Financial Project No.: 452861-1-94-01, Contract No.: G2104 (the Agreement), a copy of which is attached hereto as Exhibit "A"; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The City Council hereby accepts and approves the Agreement between the City and the State of Florida Department of Transportation, at the Clearwater Airpark, and authorizes appropriate City officials to take all necessary action as may be necessary or appropriate to perform all obligations and commitments of the City of Clearwater in accordance with the provisions of the Agreement. Section 2. This resolution shall take effect immediately upon adoption PASSED AND ADOPTED this 18th day of "y 2023. LlncuSigned by: Vttun a St Brian Aungst Sr. Mayor Qs bgas to form: t P 'Sigrtedby: R t,iSSu Sett k".ennz Q.d,Q,Q, G4R1 GAA73AF4Q3 nntFCll—Ar Melissa Isabel Rosemarie Call Assistant City Attorney City Clerk RESOLUTION NO 24-01 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA AUTHORIZING THE EXECUTION OF A JOINT PARTICIPATION AGREEMENT BETWEEN THE CITY OF CLEARWATER, FLORIDA AND THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION, FOR A GRANT FOR PARKING LOT REHABILITATION AND EXPANSION AT THE CLEARWATER AIRPARK; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Florida Department of Transportation ("FDOT") has agreed to a grant to provide funding for parking lot rehabilitation and expansion at the Clearwater Airpark under Joint Participation Agreement Financial Project No.: 453898-1-94-01, Contract No.: G2092 (the "Agreement"), a copy of which is attached hereto as Exhibit "A"; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The City Council hereby accepts and approves the Agreement between the City and the State of Florida Department of Transportation for the Clearwater Airpark and authorizes appropriate City officials to take all necessary action as may be necessary or appropriate to perform all obligations and commitments of the City of Clearwater in accordance with the provisions of the Agreement. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this / day of Fe -bred --47 , 2024, as amended. / Appro ed as to 4), Matthew J. Myty ', Esq. Assistant City Attorney Bria" ungst Mayor Attest: Rosemarie Call City Clerk ocuSign Envelope ID: 6B3D989A-8E50-4F48-87C2-1D8EB569ABAB STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 4/25/2023 Financial Project Number(s): item -segment-phase-sequence) 453898-1-94-01 Work Activity Code/Function: 215 Object Code: 751000 Federal Number/Federal Award Org. Code: 55072020728 Identification Number (FAIN) — Transit only: N/A Vendor Number: VF596000800011 Contract Number: G2092 Federal Award Date: N/A CFDA Number: N/A Agency SAM/UEI Number: CFDA Title: N/A Fund(s): DPTO FLAIR Category: 088719 CSFA Number: 55.004 CSFA Title: Aviation Grant Program THIS PUBLIC TRANSPORTATION GRANT AGREEMENT ("Agreement") is entered into by and between the State of Florida, Department of Transportation, Department"), and City of Clearwater, ("Agency"). The Department and the Agency are sometimes referred to in this Agreement as a "Party" and collectively as the "Parties." NOW, THEREFORE, in consideration of the mutual benefits to be derived from joint participation on the Project, the Parties agree to the following: 1. Authority. The Agency, by Resolution or other form of official authorization, a copy of which is attached as Exhibit "D", Agency Resolution and made a part of this Agreement, has authorized its officers to execute this Agreement on its behalf. The Department has the authority pursuant to Section(s) 332.007, Florida Statutes, to enter into this Agreement. 2. Purpose of Agreement. The purpose of this Agreement is to provide for the Department's participation in Parking Lot Expansion and Rehabilitation , as further described in Exhibit "A", Project Description and Responsibilities, attached and incorporated into this Agreement ("Project"), to provide Department financial assistance to the Agency, state the terms and conditions upon which Department funds will be provided, and to set forth the manner in which the Project will be undertaken and completed. 3. Program Area. For identification purposes only, this Agreement is implemented as part of the Department program area selected below (select all programs that apply): X Aviation Seaports Transit Intermodal Rail Crossing Closure Match to Direct Federal Funding (Aviation or Transit) Note: Section 15 and Exhibit G do not apply to federally matched funding) Other 4. Exhibits. The following Exhibits are attached and incorporated into this Agreement: X Exhibit A: Project Description and Responsibilities X Exhibit B: Schedule of Financial Assistance Exhibit B1: Deferred Reimbursement Financial Provisions Exhibit B2: Advance Payment Financial Provisions Exhibit B3: Alternative Advanced Pay (Transit Bus Program) X *Exhibit C: Terms and Conditions of Construction X Exhibit D: Agency Resolution X Exhibit E: Program Specific Terms and Conditions X Exhibit F: Contract Payment Requirements X *Exhibit G: Audit Requirements for Awards of State Financial Assistance Exhibit H: Audit Requirements for Awards of Federal Financial Assistance STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 7/22 Exhibit I: Certification of Disbursement of Payment to Vehicle and/or Equipment Vendor Additional Exhibit(s): Indicates that the Exhibit is only attached and incorporated if applicable box is selected. 5. Time. Unless specified otherwise, all references to "days" within this Agreement refer to calendar days. 6. Term of Agreement. This Agreement shall commence upon full execution by both Parties ("Effective Date") and continue through June 30, 2027. If the Agency does not complete the Project within this time period, this Agreement will expire unless an extension of the time period is requested by the Agency and granted in writing by the Department prior to the expiration of this Agreement. Expiration of this Agreement will be considered termination of the Project. The cost of any work performed prior to the Effective Date or after the expiration date of this Agreement will not be reimbursed by the Department. a. _ If this box is checked the following provision applies: Unless terminated earlier, work on the Project shall commence no later than the _ day of _, or within _ days of the issuance of the Notice to Proceed for the construction phase of the Project (if the Project involves construction), whichever date is earlier. The Department shall have the option to immediately terminate this Agreement should the Agency fail to meet the above -required dates. 7. Amendments, Extensions, and Assignment. This Agreement may be amended or extended upon mutual written agreement of the Parties. This Agreement shall not be renewed. This Agreement shall not be assigned, transferred, or otherwise encumbered by the Agency under any circumstances without the priorwritten consent of the Department. 8. Termination or Suspension of Project. The Department may, by written notice to the Agency, suspend any or all of the Departments obligations under this Agreement for the Agency's failure to comply with applicable law or the terms of this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected. a. Notwithstanding any other provision of this Agreement, if the Department intends to terminate the Agreement, the Department shall notify the Agency of such termination in writing at least thirty (30) days prior to the termination of the Agreement, with instructions to the effective date of termination or specify the stage of work at which the Agreement is to be terminated. b. The Parties to this Agreement may terminate this Agreement when its continuation would not produce beneficial results commensurate with the further expenditure of funds. In this event, the Parties shall agree upon the termination conditions. c. If the Agreement is terminated before performance is completed, the Agency shall be paid only for that work satisfactorily performed for which costs can be substantiated. Such payment, however, may not exceed the equivalent percentage of the Department's maximum financial assistance. If any portion of the Project is located on the Department's right-of-way, then all work in progress on the Department right-of-way will become the property of the Department and will be turned over promptly by the Agency. d. In the event the Agency fails to perform or honor the requirements and provisions of this Agreement, the Agency shall promptly refund in full to the Department within thirty (30) days of the termination of the Agreement any funds that were determined by the Department to have been expended in violation of the Agreement. e. The Department reserves the right to unilaterally cancel this Agreement for failure by the Agency to comply with the Public Records provisions of Chapter 119, Florida Statutes. Page 2 of 37 DocuSign Envelope ID: 6B3D989A-8E50-4F48-87c2-1D8EB569ABAB STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT 9. Project Cost: Form 725-000-01 STRATEGIC DEVELOPMENT OGC 4/25/2023 a. The estimated total cost of the Project is $800,000. This amount is based upon Exhibit "B", Schedule of Financial Assistance. The timeline for deliverables and distribution of estimated amounts between deliverables within a grant phase, as outlined in Exhibit "B", Schedule of Financial Assistance, may be modified by mutual written agreement of the Parties and does not require execution of an Amendment to the Public Transportation Grant Agreement. The timeline for deliverables and distribution of estimated amounts between grant phases requires an amendment executed by both Parties in the same form as this Agreement b. The Department agrees to participate in the Project cost up to the maximum amount of 640,000 and, the Department's participation in the Project shall not exceed 80.00% of the total eligible cost of the Project,. and as more fully described in Exhibit "B", Schedule of Financial Assistance. The Agency agrees to bear all expenses in excess of the amount of the Department's participation and any cost overruns or deficits involved. 10. Compensation and Payment: a. Eligible Cost. The Department shall reimburse the Agency for allowable costs incurred as described in Exhibit "A", Project Description and Responsibilities, and as set forth in Exhibit "B", Schedule of Financial Assistance. b. Deliverables. The Agency shall provide quantifiable, measurable, and verifiable units of deliverables. Each deliverable must specify the required minimum level of service to be performed and the criteria for evaluating successful completion. The Project and the quantifiable, measurable, and verifiable units of deliverables are described more fully inExhibit "A", Project Description and Responsibilities. Modifications to the deliverables in Exhibit "A", Project Description and Responsibilities requires a formal written amendment c. Invoicing. Invoices shall be submitted no more often than monthly by the Agency in detail sufficient for a proper pre -audit and post -audit, based on the quantifiable, measurable, and verifiable deliverables as established in Exhibit "A", Project Description and Responsibilities. Deliverables and costs incurred must be received and approved by the Department prior to reimbursement. Requests for reimbursement by the Agency shall include an invoice, progress report, and supporting documentation for the deliverables being billed that are acceptable to the Department. The Agency shall use the format for the invoice and progress report that is approved by the Department. d. Supporting Documentation. Supporting documentation must establish that the deliverables were received and accepted in writing by the Agency and must also establish that the required minimum standards or level of service to be performed based on the criteria for evaluating successful completion as specified in Exhibit "A", Project Description and Responsibilities has been met. All costs invoiced shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers evidencing in proper detail the nature and propriety of charges as described in Exhibit "F", Contract Payment Requirements. e. Travel Expenses. The selected provision below is controlling regarding travel expenses: X Travel expenses are NOT eligible for reimbursement under this Agreement Travel expenses ARE eligible for reimbursement under this Agreement. Bills for travel expenses specifically authorized in this Agreement shall be submitted on the Department's Contractor Travel Form No. 300-000-06 and will be paid in accordance with Section 112.061, Florida Statutes, and the most current version of the Department's Disbursement Handbook for Employees and Managers. DocuSign Envelope ID: 6B3D989A-8E50-4F48-8702-1D8EB569ABAB STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 4/25/2023 f. Financial Consequences. Payment shall be made only after receipt and approval of deliverables and costs incurred unless advance payments are authorized by the ChiefFinancialOfficeroftheStateofFloridaunderChapters215and216, Florida Statutes, or the Department's Comptroller under Section 334.044(29), Florida Statutes. If the Department determines that the performance of the Agency is unsatisfactory, the Department shall notifytheAgencyofthedeficiencytobecorrected, which correction shall be made within a time- frame to be specified by the Department. The Agency shall, within thirty (30) days after notice from the Department, provide the Department with a corrective action plan describing how theAgencywilladdressallissuesofcontractnon-performance, unacceptable performance, failure to meet the minimum performance levels, deliverable deficiencies, or contract non- compliance. If the corrective action plan is unacceptable to the Department, the Agency will not be reimbursed. If the deficiency is subsequently resolved, the Agency may bill the Department for the amount that was previously not reimbursed during the next billing period. If the Agency is unable to resolve the deficiency, the funds shall be forfeited at the end of the Agreement's term. g. Invoice Processing. An Agency receiving financial assistance from the Department should be aware of the following time frames. Inspection or verification and approval of deliverables shall take no longer than 20 days from the Department's receipt of the invoice. The Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the deliverables are received, inspected or verified, and approved. If a payment is not available within 40 days, a separate interest penalty at a rate as established pursuant to Section 55.03(1), Florida Statutes, will be due and payable, in addition to the invoice amount, to the Agency. Interest penalties of less than one (1) dollar will not be enforced unless the Agency requests payment. Invoices that have to be returned to an Agency because of Agency preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for Agency who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 413-5516. h. Records Retention. The Agency shall maintain an accounting system or separate accounts to ensure funds and projects are tracked separately. Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for five years after final payment is made. Copies of these records shall be furnished to the Department upon request. Records of costs incurred include the Agency's general accounting records and the Project records, together with supporting documents and records, of the Contractor and all subcontractors performing work on the Project, and all other records of the Contractor and subcontractors considered necessary by the Department for a proper audit of costs. i. Progress Reports. Upon request, the Agency agrees to provide progress reports to the Department in the standard format used by the Department and at intervals established by the Department. The Department will be entitled at all times to be advised, at its request, as to the status of the Project and of details thereof. j• Submission of Other Documents. The Agency shall submit to the Department such data, reports, records, contracts, and other documents relating to the Project as the Department may require as listed in Exhibit "E", Program Specific Terms and Conditions attached to and incorporated into this Agreement. DocuSign Envelope ID: 6B3D989A-8E50-4F48-8702-1D8EB569ABAB STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 4/25/2023 k. Offsets for Claims. If, after Project completion, any claim is made by the Department resulting from an audit or for work or services performed pursuant to this Agreement, the Department may offset such amount from payments due for work or services done under any agreement that it has with the Agency owing such amount if, upon written demand, payment of the amount is not made within 60 days to the Department. Offsetting any amount pursuant to this paragraph shall not be considered a breach of contract by the Department. I. Final Invoice. The Agency must submit the final invoice on the Project to the Department within 120 days after the completion of the Project. Invoices submitted after the 120 -day time period may not be paid. m. Department's Performance and Payment Contingent Upon Annual Appropriation by the Legislature. The Department's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. If the Department's funding for this Project is in multiple fiscal years, a notice of availability of funds from the Department's project manager must be received prior to costs being incurred by the Agency. See ExhibitB", Schedule of Financial Assistance for funding levels by fiscal year. Project costs utilizing any fiscal year funds are not eligible for reimbursement if incurred prior to funds approval being received. The Department will notify the Agency, in writing, when funds are available. n. Limits on Contracts Exceeding $25,000 and Term more than 1 Year. In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated: The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of $25,000 and which have a term for a period of more than 1 year." o. Agency Obligation to Refund Department. Any Project funds made available by the Department pursuant to this Agreement that are determined by the Department to have been expended by the Agency in violation of this Agreement or any other applicable law or regulation shall be promptly refunded in full to the Department. Acceptance by the Department of any documentation or certifications, mandatory or otherwise permitted, that the Agency files shall not constitute a waiver of the Department's rights as the funding agency to verify all information at a later date by audit or investigation. p. Non -Eligible Costs. In determining the amount of the payment, the Department will exclude all Project costs incurred by the Agency prior to the execution ofthis Agreement, costs incurred after the expiration of the Agreement, costs that are not provided for in Exhibit "A", Project Description and Responsibilities, and as set forth in Exhibit "B", Schedule of Financial Assistance, costs agreed to be borne by the Agency or its contractors and subcontractors for not meeting the Project commencement and final invoice time lines, and costs attributable to goods or services received under a contract or other arrangement that has not been approved locuSign Envelope ID: 6B3D989A-8E50-4F48-87c2-1D8EB569ABAB STATE OF FLORIDA DEPARTMENT OFTRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725.000.01 STRATEGIC DEVELOPMENT OGC 4/2512023 in writing by the Department. Specific unallowable costs may be listed in Exhibit "A", Project Description and Responsibilities. 11. General Requirements. The Agency shall complete the Project with all practical dispatch in a sound, economical, and efficient manner, and in accordance with the provisions in this Agreement and all applicable laws. a. Necessary Permits Certification. The Agency shall certify to the Department that the Agency's design consultant and/or construction contractor has secured the necessary permits. b. Right -of -Way Certification. Ifthe Project involves construction, then the Agency shall provide to the Department certification and a copy of appropriate documentation substantiating that all required right-of-way necessary for the Project has been obtained. Certification is required prior to authorization for advertisement for or solicitation of bids for construction of the Project, even if no right-of-way is required. c. Notification Requirements When Performing Construction on Department's Right -of - Way. In the event the cost of the Project is greater than $250,000.00, and the Project involves construction on the Department's right-of-way, the Agency shall provide the Department with written notification of either its intent to: i. Require the construction work of the Project that is on the Department's right-of-way to be performed by a Department prequalified contractor, or ii. Construct the Project utilizing existing Agency employees, if the Agency can complete said Project within the time frame set forth in this Agreement. d. _If this box is checked, then the Agency is permitted to utilize its own forces and the following provision applies: Use of Agency Workforce. In the event the Agency proceeds with any phase of the Project utilizing its own forces, the Agency will only be reimbursed for direct costs this excludes general overhead). e. _If this box is checked, then the Agency is permitted to utilize Indirect Costs: Reimbursement for Indirect Program Expenses (select one): i. _Agency has selected to seek reimbursement from the Department for actual indirect expenses (no rate). ii. _Agency has selected to apply a de minimus rate of 10% to modified total direct costs. Note: The de minimus rate is available only to entities that have never had a negotiated indirect cost rate. When selected, the de minimus rate must be used consistently for all federal awards until such time the agency chooses to negotiate a rate. A cost policy statement and de minimis certification form must be submitted to the Department for review and approval. iii. _ Agency has selected to apply a state or federally approved indirect cost rate. A federally approved rate agreement or indirect cost allocation plan (ICAP) must be submitted annually. f. Agency Compliance with Laws, Rules, and Regulations, Guidelines, and Standards. The Agency shall comply and require its contractors and subcontractors to comply with all terms and conditions of this Agreement and all federal, state, and local laws and regulations applicable to this Project. 9. Claims and Requests for Additional Work. The Agency shall have the sole responsibility for resolving claims and requests for additional work for the Project. The Agency will make locuSign Envelope ID: 6B3D989A-8E50-4F48-8702-1 D8EB569ABAB STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 4/25/2023 best efforts to obtain the Department's input in its decisions. The Department is not obligated to reimburse for claims or requests for additional work. 12. Contracts of the Agency: a. Approval of Third Party Contracts. The Department specifically reserves the right to review and approve any and all third party contracts with respect to the Project before the Agency executes or obligates itself in any manner requiring the disbursement of Department funds, including consultant and purchase of commodities contracts, or amendments thereto. If the Department chooses to review and approve third party contracts for this Project and the Agency fails to obtain such approval, that shall be sufficient cause for nonpayment by the Department. The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the employment of the same. If Federal Transit Administration (FTA) funds are used in the Project, the Department must exercise the right to third party contract review. b. Procurement of Commodities or Contractual Services. It is understood and agreed by the Parties hereto that participation by the Department in a project with the Agency, where said project involves the purchase of commodities or contractual services where purchases or costs exceed the Threshold Amount for CATEGORY TWO per Section 287.017, Florida Statutes, is contingent on the Agency complying in full with the provisions of Section 287.057, Florida Statutes. The Agency's Authorized Official shall certify to the Department that the Agency's purchase of commodities or contractual services has been accomplished in compliance with Section 287.057, Florida Statutes. It shall be the sole responsibility of the Agency to ensure that any obligations made in accordance with this Section comply with the current threshold limits. Contracts, purchase orders, task orders, construction change orders, or any other agreement that would result in exceeding the current budget contained in Exhibit B", Schedule of Financial Assistance, or that is not consistent with the Project description and scope of services contained in Exhibit "A", Project Description and Responsibilities must be approved by the Department prior to Agency execution. Failure to obtain such approval, and subsequent execution of an amendment to the Agreement if required, shall be sufficient cause for nonpayment by the Department, in accordance with this Agreement. c. Consultants' Competitive Negotiation Act. It is understood and agreed by the Parties to this Agreement that participation by the Department in a project with the Agency, where said project involves a consultant contract for professional services, is contingent on the Agency's full compliance with provisions of Section 287.055, Florida Statutes, Consultants' Competitive Negotiation Act. In all cases, the Agency's Authorized Official shall certify to the Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act. d. Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the Department that DBEs, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The Agency and its contractors agree to ensure that DBEs have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that the DBEs have the opportunity to compete for and perform contracts. The Agency and its contractors and subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. 13. Maintenance Obligations. In the event the Project includes construction or the acquisition of commodities then the following provisions are incorporated into this Agreement: ocuSign Envelope ID: 6B3D989A-8E50-4F48-8702-1DBEB569ABAB STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 4/25/2023 a. The Agency agrees to accept all future maintenance and other attendant costs occurring after completion of the Project for all improvements constructed or commodities acquired as part of the Project The terms of this provision shall survive the termination of this Agreement. 14. Sale, Transfer, or Disposal of Department -funded Property: a. The Agency will not sell or otherwise transfer or dispose of any part of its title or other interests in real property, facilities, or equipment funded in any part by the Department under this Agreement without prior written approval by the Department. b. If a sale, transfer, or disposal by the Agency of all or a portion of Department -funded real property, facilities, or equipment is approved by the Department, the following provisions will apply: i. The Agency shall reimburse the Department a proportional amount of the proceeds of the sale of any Department -funded property. ii. The proportional amount shall be determined on the basis of the ratio of the Department funding of the development or acquisition of the property multiplied against the sale amount, and shall be remitted to the Department within ninety (90) days of closing of sale. iii. Sale of property developed or acquired with Department funds shall be at market value as determined by appraisal or public bidding process, and the contract and process for sale must be approved in advance by the Department. iv. If any portion of the proceeds from the sale to the Agency are non-cash considerations, reimbursement to the Department shall include a proportional amount based on the value of the non-cash considerations. c. The terms of provisions "a" and "b" above shall survive the termination of this Agreement i. The terms shall remain in full force and effect throughout the useful life of facilities developed, equipment acquired, or Project items installed within a facility, but shall not exceed twenty (20) years from the effective date of this Agreement. ii. There shall be no limit on the duration of the terms with respect to real property acquired with Department funds. 15. Single Audit. The administration of Federal or State resources awarded through the Department to the Agency by this Agreement may be subject to audits and/or monitoring by the Department. The following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of Federal awards or State financial assistance or limit the authority of any state agency inspector general, the State of Florida Auditor General, or any other state official. The Agency shall comply with all audit and audit reporting requirements as specified below. Federal Funded: a. In addition to reviews of audits conducted in accordance with 2 CFR Part 200, Subpart F — Audit Requirements, monitoring procedures may include but not be limited to on-site visits by Department staff and/or other procedures, including reviewing any required performance and financial reports, following up, ensuring corrective action, and issuing management decisions on weaknesses found through audits when those findings pertain to Federal awards provided through the Department by this Agreement. By entering into this Agreement, the Agency agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. The Agency further agrees to comply and cooperate with any locusign Envelope ID: 6B3D989A-8E50-4F48-8702-1D8EB569ABAB STATE OF FLORIDA DEPARTMENT OFTRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 4/25/2023 inspections, reviews, investigations, or audits deemed necessary by the Department, State of Florida Chief Financial Officer (CFO), or State of Florida Auditor General. b. The Agency, a non -Federal entity as defined by 2 CFR Part 200, Subpart F — Audit Requirements, as a subrecipient of a Federal award awarded by the Department through this Agreement, is subject to the following requirements: i. In the event the Agency expends a total amount of Federal awards equal to or in excess of the threshold established by 2 CFR Part 200, Subpart F — Audit Requirements, the Agency must have a Federal single or program -specific audit conducted for such fiscal year in accordance with the provisions of 2 CFR Part 200, Subpart F — Audit Requirements. Exhibit "H", Audit Requirements for Awards of Federal Financial Assistance, to this Agreement provides the required Federal award identification information needed by the Agency to further comply with the requirements of 2 CFR Part 200, Subpart F — Audit Requirements. In determining Federal awards expended in a fiscal year, the Agency must consider all sources of Federal awards based on when the activity related to the Federal award occurs, including the Federal award provided through the Department by this Agreement. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by 2 CFR Part 200, Subpart F — Audit Requirements. An audit conducted by the State of Florida Auditor General in accordance with the provisions of 2 CFR Part 200, Subpart F — Audit Requirements, will meet the requirements of this part. ii. In connection with the audit requirements, the Agency shall fulfill the requirements relative to the auditee responsibilities as provided in 2 CFR Part 200, Subpart F — Audit Requirements. iii. In the event the Agency expends less than the threshold established by 2 CFR Part 200, Subpart F — Audit Requirements, in Federal awards, the Agency is exempt from Federal audit requirements for that fiscal year. However, the Agency must provide a single audit exemption statement to the Department at FDOTSingleAudit(a dot.state.fl.us no later than nine months after the end of the Agency's audit period for each applicable audit year. In the event the Agency expends less than the threshold established by 2 CFR Part 200, Subpart F — Audit Requirements, in Federal awards in a fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F — Audit Requirements, the cost of the audit must be paid from non -Federal resources (i.e., the cost of such an audit must be paid from the Agency's resources obtained from other than Federal entities). iv. The Agency must electronically submit to the Federal Audit Clearinghouse (FAC) at https://harvester.census.gov/facweb/ the audit reporting package as required by 2 CFR Part 200, Subpart F — Audit Requirements, within the earlier of 30 calendar days after receipt of the auditor's report(s) or nine months after the end of the audit period. The FAC is the repository of record for audits required by 2 CFR Part 200, Subpart F Audit Requirements. However, the Department requires a copy of the audit reporting package also be submitted to FDOTSinqleAuditdot.state.fl.us within the earlier of 30 calendar days after receipt of the auditor's report(s) or nine months after the end of the audit period as required by 2 CFR Part 200, Subpart F — Audit Requirements. v. Within six months of acceptance of the audit report by the FAC, the Department will review the Agency's audit reporting package, including corrective action plans and management letters, to the extent necessary to determine whether timely and appropriate action on all deficiencies has been taken pertaining to the Federal award provided through the Department by this Agreement. If the Agency fails to have an ocuSign Envelope ID: 6B3D989A-8E5O-4F48-8702-1D8EB569ABAB STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 4125/2023 audit conducted in accordance with 2 CFR Part 200, Subpart F — Audit Requirements, the Department may impose additional conditions to remedy noncompliance. If the Department determines that noncompliance cannot be remedied by imposing additional conditions, the Department may take appropriate actions to enforce compliance, which actions may include but not be limited to the following: 1. Temporarily withhold cash payments pending correction of the deficiency by the Agency or more severe enforcement action by the Department; 2. Disallow (deny both use of funds and any applicable matching credit for) all or part of the cost of the activity or action not in compliance; 3. Wholly or partly suspend or terminate the Federal award; 4. Initiate suspension or debarment proceedings as authorized under 2 C.F.R. Part 180 and Federal awarding agency regulations (or in the case of the Department, recommend such a proceeding be initiated by the Federal awarding agency); 5. Withhold further Federal awards for the Project or program; 6. Take other remedies that may be legally available. vi. As a condition of receiving this Federal award, the Agency shall permit the Department or its designee, the CFO, or State of Florida Auditor General access to the Agency's records, including financial statements, the independent auditor's working papers, and project records as necessary. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is complete or the dispute is resolved. vii. The Department's contact information for requirements under this part is as follows: Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0450 FDOTSingleAudit(a dot.state.fl.us State Funded: a. In addition to reviews of audits conducted in accordance with Section 215.97, Florida Statutes, monitoring procedures to monitor the Agency's use of state financial assistance may include but not be limited to on-site visits by Department staff and/or other procedures, including reviewing any required performance and financial reports, following up, ensuring corrective action, and issuing management decisions on weaknesses found through audits when those findings pertain to state financial assistance awarded through the Department by this Agreement. By entering into this Agreement, the Agency agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Department, the Department of Financial Services (DFS), or State of Florida Auditor General. b. The Agency, a "nonstate entity" as defined by Section 215.97, Florida Statutes, as a recipient of state financial assistance awarded by the Department through this Agreement, is subject to the following requirements: In the event the Agency meets the audit threshold requirements established by Section 215.97, Florida Statutes, the Agency must have a State single or project - specific audit conducted for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. Exhibit "G", Audit Requirements for Awards of State Financial Assistance, to this Agreement indicates state financial ocuSign Envelope ID: 6B3D989A-8E50-4F48-8702-1DBEB569ABAB STATE OF FLORIDA DEPARTMENT OFTRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 4/25/2023 assistance awarded through the Department by this Agreement needed by the Agency to further comply with the requirements of Section 215.97, Florida Statutes. In determining the state financial assistance expended in a fiscal year, the Agency shall consider all sources of state financial assistance, including state financial assistance received from the Department by this Agreement, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. ii. In connection with the audit requirements, the Agency shall ensure that the audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(e), Florida Statutes, and Chapters 10.550 (local govemmental entities) or 10.650 nonprofit and for-profit organizations), Rules of the Auditor General. iii. In the event the Agency does not meet the audit threshold requirements established by Section 215.97, Florida Statutes, the Agency is exempt for such fiscal year from the state single audit requirements of Section 215.97, Florida Statutes. However, the Agency must provide a single audit exemption statement to the Department at FDOTSingleAudit(a dot.state.fl.us no later than nine months after the end of the Agency's audit period for each applicable audit year. In the event the Agency does not meet the audit threshold requirements established by Section 215.97, Florida Statutes, in a fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the Agency's resources (i.e., the cost of such an audit must be paid from the Agency's resources obtained from other than State entities). iv. In accordance with Chapters 10.550 (local governmental entities) or 10.650 nonprofit and for-profit organizations), Rules of the Auditor General, copies of financial reporting packages required by this Agreement shall be submitted to: Florida Department of Transportation Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0405 FDOTSinqleAudit a(dot.state.fl.us And State of Florida Auditor General Local Government Audits/342 111 West Madison Street, Room 401 Tallahassee, FL 32399-1450 Email: flaudgen localgovt a(aud.state.fl.us v. Any copies of financial reporting packages, reports, or other information required to be submitted to the Department shall be submitted timely in accordance with Section 215.97, Florida Statutes, and Chapters 10.550 (local govemmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. vi. The Agency, when submitting financial reporting packages to the Department for audits done in accordance with Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date the reporting package was delivered to the Agency in correspondence accompanying the reporting package. IocuSign Envelope ID: 6B3D989A-SE5O-4F48-87C2-1DSEB569ABAB STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 4/2512023 vii. Upon receipt, and within six months, the Department will review the Agency's financial reporting package, including corrective action plans and management letters, to the extent necessary to determine whether timely and appropriate corrective action on all deficiencies has been taken pertaining to the state financial assistance provided through the Department by this Agreement. If the Agency fails to have an audit conducted consistent with Section 215.97, Florida Statutes, the Department may take appropriate corrective action to enforce compliance. viii. As a condition of receiving state financial assistance, the Agency shall permit the Department or its designee, DFS, or the Auditor General access to the Agency's records, including financial statements, the independent auditor's working papers, and project records as necessary. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is complete or the dispute is resolved. c. The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five years from the date the audit report is issued and shall allow the Department or its designee, DFS, or State of Florida Auditor General access to such records upon request. The Agency shall ensure that the audit working papers are made available to the Department or its designee, DFS, or State of Florida Auditor General upon request for a period of five years from the date the audit report is issued, unless extended in writing by the Department. 16. Notices and Approvals. Notices and approvals referenced in this Agreement must be obtained in writing from the Parties' respective Administrators or their designees. 17. Restrictions, Prohibitions, Controls and Labor Provisions: a. Convicted Vendor List. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. b. Discriminatory Vendor List. In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the Discriminatory Vendor List, kept by the Florida Department of Management Services, may not submit a bid on a contract to provide goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. c. Non -Responsible Contractors. An entity or affiliate who has had its Certificate of Qualification suspended, revoked, denied, or have further been determined by the Department to be a non -responsible contractor, may not submit a bid or perform work for the construction or repair of a public building or public work on a contract with the Agency. d. Prohibition on Using Funds for Lobbying. No funds received pursuant to this Agreement may be expended for lobbying the Florida Legislature, judicial branch, or any state agency, in accordance with Section 216.347, Florida Statutes. locuSign Envelope ID: 6B3D989A-8E50-4F48-8702-1D8EB569ABAB STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 4/2512023 e. Unauthorized Aliens. The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If the contractor knowingly employs unauthorized aliens, such violation will be cause for unilateral cancellation of this Agreement. f. Procurement of Construction Services. If the Project is procured pursuant to Chapter 255, Florida Statutes, for construction services and at the time of the competitive solicitation for the Project, 50 percent or more of the cost of the Project is to be paid from state -appropriated funds, then the Agency must comply with the requirements of Section 255.0991, Florida Statutes. g. E -Verify. The Agency shall: i. Utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility ofall new employees hired by the Agency during the term of the contract; and ii. Expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E - Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. h. Executive Order 20.44. Pursuant to Governor's Executive Order 20-44, if the Agency is required by the Internal Revenue Code to file IRS Form 990 and is named in statute with which the Department must form a sole -source, public-private agreement; or through contract or other agreement with the State, annually receives 50% or more of its budget from the State or from a combination of State and Federal funds, Recipient shall submit an Annual Report to the Department, including the most recent IRS Form 990, detailing the total compensation for each member of the Agency executive leadership team. Total compensation shall include salary, bonuses, cashed -in leave, cash equivalents, severance pay, retirement benefits, deferred compensation, real -property gifts, and any other payout. The Agency shall inform the Department of any changes in total executive compensation during the period between the filing of Annual Reports within 60 days of any change taking effect. All compensation reports shall detail the percentage of executive leadership compensation received directly from all State and/or Federal allocations to the Agency. Annual Reports shall be in the form approved by the Department and shall be submitted to the Department at fdotsingleaudit@dot.state.fl.us within 180 days following the end of each tax year ofthe Agency receiving Department funding. i. Design Services and Construction Engineering and Inspection Services. If the Project is wholly or partially funded by the Department and administered by a local governmental entity, except for a seaport listed in Section 311.09, Florida Statutes, or an airport as defined in Section 332.004, Florida Statutes, the entity performing design and construction engineering and inspection services may not be the same entity. 18. Indemnification and Insurance: a. It is specifically agreed between the Parties executing this Agreement that it is not intended by any of the provisions of any part of this Agreement to create in the public or any member thereof, a third party beneficiary under this Agreement, or to authorize anyone not a party to this Agreement to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of this Agreement. The Agency guarantees the payment of all just claims for materials, supplies, tools, or labor and other just claims against the Agency or any subcontractor, in connection with this Agreement. Additionally, to the extent permitted by law and as limited by and pursuant to the provisions of Section 768.28, Florida Statutes, the Agency shall indemnify, defend, and hold harmless the State of Florida, Department of ocuSign Envelope ID: 6B3D989A-8E50-4F48-8702-1D8EB569ABAB STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 4/25/2023 Transportation, including the Department's officers and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the Agency and persons employed or utilized by the Agency in the performance of this Agreement. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the Department's or the Agency's sovereign immunity. This indemnification shall survive the termination of this Agreement. Additionally, the Agency agrees to include the following indemnification in all contracts with contractors/subcontractors and consultants/subconsultants who perform work in connection with this Agreement: To the fullest extent permitted by law, the Agency's contractor/consultant shall indemnify, defend, and hold harmless the Agency and the State of Florida, Department ofTransportation, including the Department's officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of the contractor/consultant and persons employed or utilized by the contractor/consultant in the performance of this Agreement. This indemnification shall survive the termination of this Agreement." b. The Agency shall provide Workers' Compensation Insurance in accordance with Florida's Workers' Compensation law for all employees. If subletting any of the work, ensure that the subcontractor(s) and subconsultant(s) have Workers' Compensation Insurance for their employees in accordance with Florida's Workers' Compensation law. If using "leased employees" or employees obtained through professional employer organizations ("PEO's"), ensure that such employees are covered by Workers' Compensation Insurance through the PEO's or other leasing entities. Ensure that any equipment rental agreements that include operators or other personnel who are employees of independent contractors, sole proprietorships, or partners are covered by insurance required under Florida's Workers' Compensation law. c. If the Agency elects to self -perform the Project, then the Agency may self -insure. If the Agency elects to hire a contractor or consultant to perform the Project, then the Agency shall carry, or cause its contractor or consultant to carry, Commercial General Liability insurance providing continuous coverage for all work or operations performed under this Agreement. Such insurance shall be no more restrictive than that provided by the latest occurrence form edition of the standard Commercial General Liability Coverage Form (ISO Form CG 00 01) as filed for use in the State of Florida. The Agency shall cause, or cause its contractor or consultant to cause, the Department to be made an Additional Insured as to such insurance. Such coverage shall be on an "occurrence" basis and shall include Products/Completed Operations coverage. The coverage afforded to the Department as an Additional Insured shall be primary as to any other available insurance and shall not be more restrictive than the coverage afforded to the Named Insured. The limits of coverage shall not be less than $1,000,000 for each occurrence and not less than a $5,000,000 annual general aggregate, inclusive of amounts provided by an umbrella or excess policy. The limits of coverage described herein shall apply fully to the work or operations performed under the Agreement, and may not be shared with or diminished by claims unrelated to the Agreement. The policy/ies and coverage described herein may be subject to a deductible and such deductibles shall be paid by the Named Insured. No policy/ies or coverage described herein may contain or be subject to a Retention or a Self -Insured Retention unless the Agency is a state agency or subdivision of the State of Florida that elects to self -perform the Project. Prior to the execution of the Agreement, and at all renewal periods which occur prior to final acceptance of the work, the Department shall be provided with an ACORD Certificate of Liability Insurance reflecting the coverage described herein. The Department shall be notified in writing within ten days of any cancellation, notice of cancellation, lapse, renewal, or proposed change to any policy or coverage described herein. The Department's approval or failure to disapprove any policy/ies, ocuSign Envelope ID: 6B3D989A-8E50-4F48-8702-1DSEB569ABAB STATEOF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 4/2512023 coverage, or ACORD Certificates shall not relieve or excuse any obligation to procure and maintain the insurance required herein, nor serve as a waiver of any rights or defenses the Department may have. d. When the Agreement includes the construction of a railroad grade crossing, railroad overpass or underpass structure, or any other work or operations within the limits of the railroad right- of-way, including any encroachments thereon from work or operations in the vicinity of the railroad right-of-way, the Agency shall, or cause its contractor to, in addition to the insurance coverage required above, procure and maintain Railroad Protective Liability Coverage (ISO Form CG 00 35) where the railroad is the Named Insured and where the limits are not less than $2,000,000 combined single limit for bodily injury and/or property damage per occurrence, and with an annual aggregate limit of not less than $6,000,000. The railroad shall also be added along with the Department as an Additional Insured on the policy/ies procured pursuant to the paragraph above. Prior to the execution of the Agreement, and at all renewal periods which occur prior to final acceptance of the work, both the Department and the railroad shall be provided with an ACORD Certificate of Liability Insurance reflecting the coverage described herein. The insurance described herein shall be maintained through final acceptance of the work. Both the Department and the railroad shall be notified in writing within ten days of any cancellation, notice of cancellation, renewal, or proposed change to any policy or coverage described herein. The Department's approval or failure to disapprove any policy/ies, coverage, or ACORD Certificates shall not relieve or excuse any obligation to procure and maintain the insurance required herein, nor serve as a waiver of any rights the Department may have. e. When the Agreement involves work on or in the vicinity of utility -owned property or facilities, the utility shall be added along with the Department as an Additional Insured on the Commercial General Liability policy/ies procured above. 19. Miscellaneous: a. Environmental Regulations. The Agency will be solely responsible for compliance with all applicable environmental regulations and for any liability arising from non-compliance with these regulations, and will reimburse the Department for any loss incurred in connection therewith. b. Non -Admission of Liability. In no event shall the making by the Department of any payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist on the part of the Agency and the making of such payment by the Department, while any such breach or default shall exist, shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. c. Severability. If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance, the remainder would then continue to conform to the terms and requirements of applicable law. d. Agency not an agent of Department. The Agency and the Department agree that the Agency, its employees, contractors, subcontractors, consultants, and subconsultants are not agents of the Department as a result of this Agreement. e. Bonus or Commission. By execution of the Agreement, the Agency represents that it has not paid and, also agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. f. Non -Contravention of State Law. Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision or perform any act or do any other thing in IocuSign Envelope ID:6B3D989A-8E50-4F48-8702-1D8EB569ABAB g. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 4/2512023 contravention of any applicable state law. If any of the provisions of the Agreement violate any applicable state law, the Agency will at once notify the Department in writing so that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the Project. Execution of Agreement. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which shall constitute the same Agreement. A facsimile or electronic transmission of this Agreement with a signature on behalf of a party will be legal and binding on such party. h. Federal Award Identification Number (FAIN). If the FAIN is not available prior to execution of the Agreement, the Department may unilaterally add the FAIN to the Agreement without approval of the Agency and without an amendment to the Agreement. If this occurs, an updated Agreement that includes the FAIN will be provided to the Agency and uploaded to the Department of Financial Services' Florida Accountability Contract Tracking System (FACTS). i. Inspector General Cooperation. The Agency agrees to comply with Section 20.055(5), Florida Statutes, and to incorporate in all subcontracts the obligation to comply with Section 20.055(5), Florida Statutes. J• Law, Forum, and Venue. This Agreement shall be govemed by and construed in accordance with the laws of the State of Florida. In the event of a conflict between any portion of the contract and Florida law, the laws of Florida shall prevail. The Agency agrees to waive forum and venue and that the Department shall determine the forum and venue in which any dispute under this Agreement is decided. IN WITNESS WHEREOF, the Parties have executed this Agreement on the day and year written above. AGENCY City of Clearwater STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION By: By: Name: Name: Justin Hall Title: Title: Director of Transportation Development STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION Legal Review: Martin Hemandez C044M1311.1LILtlt5414... DocuSigned by: t rtiw Hi.waudG, 11/08/2023 1 5:06 Pn Public Transportation Grant Agreement Project No. 453898-1-94-01 Contract No. G2092 Brian Aungst, Sr. Jennifer Poirrier Mayor City Manager Approved as to form: Attest: Melissa A. Isabel Senior Assistant City Attorney Rosemarie Call City Clerk ocuSign Envelope ID: 6B30989A-8E50-4F48-8702-1D8EB569ABAB STATEOF FLORIDA DEPARTMENT OFTRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS EXHIBIT A Project Description and Responsibilities Form 725-000-02 STRATEGIC DEVELOPMENT OGC 4/25/2023 A. Project Description (description of Agency's project to provide context, description of project components funded via this Agreement (if not the entire project)): Design and construction of parking lot expansion at Clearwater Airpark. This project will rehab the current parking lot and allow us to design and construct to expand the existing parking lot. This project will include utility, earth moving, construction of parking lot, but no limited to Geotech, labor, draining, gating, asphalt,electrical, painting and permitting. B. Project Location (limits, city, county, map): Clearwater Air Park/Clearwater, FL/Pinellas C. Project Scope (allowable costs: describe project components, improvement type/service type, approximate timeline, project schedule, project size): D. Deliverable(s): The project scope identifies the ultimate project deliverables. Deliverables for requisition, payment and invoice purposes will be the incremental progress made toward completion of project scope elements. Supporting documentation will be quantifiable, measurable, and verifiable, to allow for a determination of the amount of incremental progress that has been made, and provide evidence that the payment requested is commensurate with the accomplished incremental progress and costs incurred by the Agency. E. Unallowable Costs (including but not limited to): F. Transit Operating Grant Requirements (Transit Only): Transit Operating Grants billed as an operational subsidy will require an expenditure detail report from the Agency that matches the invoice period. The expenditure detail, along with the progress report, will be the required deliverables for Transit Operating Grants. Operating grants may be issued for a term not to exceed three years from execution. The original grant agreement will include funding for year one. Funding for years two and three will be added by amendment as long as the grantee has submitted all invoices on schedule and the project deliverables for the year have been met. I_... o... N0 ... dr,. i. ldi_., ,..., IocuSign Envelope ID: 6B3D989A-8E50-4F48-8702-1D8EB569ABAB STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS EXHIBIT B Schedule of Financial Assistance Form 725-000-02 STRATEGIC DEVELOPMENT OGC 4/2512023 FUNDS AWARDED TO THE AGENCY AND REQUIRED MATCHING FUNDS PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: A. Fund Type and Fiscal Year: Financial ManagementTNumber Fund Type FLAIR Category State Fiscal Year Object Code CSFAI CFDA Number CSFAICFDA Title or Funding Source Description Funding Amount 453898-1-94-01 453898-1-94-01 DPTO LF 088719 088719 2024 2024 751000 751000 55.004 55.004 Aviation Grant Program Aviation Grant Program 640,000.00 160,000.00 Planning Total Financial Assistance 800,000.00 B. Estimate of Project Costs by Grant Phase: Phases* State Local Federal Totals State Local Federal Land Acquisition 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Planning 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Environmental/Design/Construction 640,000.00 160,000.00 0.00 800,000.00 80.00 20.00 0.00 Capital Equipment/ Preventative Maintenance 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Match to Direct Federal Funding 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Mobility Management Transit OnIy) 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Totals 640,000.00 160,000.00 0.00 800,000.00 Shifting items between these grant phases requires execution of an Amendment to the Public Transportation Grant Agreement. Scope Code and/or Activity Line Item (ALI) (Transit Only) BUDGET/COST ANALYSIS CERTIFICATION AS REQUIRED BY SECTION 216.3475, FLORIDA STATUTES: I certify that the cost for each line item budget category (grant phase) has been evaluated and determined to be allowable, reasonable, and necessary as required by Section 216.3475, Florida Statutes. Documentation is on file evidencing the methodology used and the conclusions reached. Raymond Clark Department Grant Manager Name Signature Date ocuSign Envelope ID: 6B3D989A-8E50-4F48-8702-1DSEB569ABAB STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS EXHIBIT C TERMS AND CONDITIONS OF CONSTRUCTION 1. Design and Construction Standards and Required Approvals. Form 725-000.02 STRATEGIC DEVELOPMENT OGC 4/2512023 a. The Agency understands that it is responsible for the preparation and certification of all design plans for the Project. The Agency shall hire a qualified consultant for the design phase of the Project or, if applicable, the Agency shall require their design -build contractor or construction management contractor to hire a qualified consultant for the design phase of the Project. b. Execution of this Agreement by both Parties shall be deemed a Notice to Proceed to the Agency for the design phase or other non -construction phases of the Project. If the Project involves a construction phase, the Agency shall not begin the construction phase of the Project until the Department issues a Notice to Proceed for the construction phase. Prior to commencing the construction work described in this Agreement, the Agency shall request a Notice to Proceed from the Department's Project Manager, Raymond Clark (email: Raymond.Clark@dot.state.fl.us) or from an appointed designee. Any construction phase work performed prior to the execution of this required Notice to Proceed is not subject to reimbursement. c. The Agency will provide one (1) copy of the final design plans and specifications and final bid documents to the Department's Project Manager prior to bidding or commencing construction of the Project. d. The Agency shall require the Agency's contractor to post a payment and performance bond in accordance with applicable law(s). e. The Agency shall be responsible to ensure that the construction work under this Agreement is performed in accordance with the approved construction documents, and that the construction work will meet all applicable Agency and Department standards. f. Upon completion of the work authorized by this Agreement, the Agency shall notify the Department in writing of the completion of construction of the Project; and for all design work that originally required certification by a Professional Engineer, this notification shall contain an Engineer's Certification of Compliance, signed and sealed by a Professional Engineer, the form of which is attached to this Exhibit. The certification shall state that work has been completed in compliance with the Project construction plans and specifications. If any deviations are found from the approved plans or specifications, the certification shall include a list of all deviations along with an explanation that justifies the reason to accept each deviation. 2. Construction on the Department's Right of Way. If the Project involves construction on the Department's right-of-way, then the following provisions apply to any and all portions of the Project that are constructed on the Department's right-of-way: a. The Agency shall hire a qualified contractor using the Agency's normal bid procedures to perform the construction work for the Project. The Agency must certify that the installation of the Project is completed by a Contractor prequalified by the Department as required by Section 2 of the Standard Specifications for Road and Bridge Construction (2016), as amended, unless otherwise approved by the Department in writing or the Contractor exhibits past project experience in the last five years that are comparable in scale, composition, and overall quality to the site characterized within the scope of services of this Project. IocuSign Envelope ID: 6B3D989A-8E50-4F48-8702-1D8EB569ABAB STATE OF FLORIDA DEPARTMENT OFTRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 4/2512023 b. Construction Engineering Inspection (CEI) services will be provided by the Agency by hiring a Department prequalified consultant firm including one individual that has completed the Advanced Maintenance of Traffic Level Training, unless otherwise approved by the Department in writing. The CEI staff shall be present on the Project at all times that the contractor is working. Administration of the CEI staff shall be under the responsible charge of a State of Florida Licensed Professional Engineer who shall provide the certification that all design and construction for the Project meets the minimum construction standards established by Department. The Department shall approve all CEI personnel. The CEI firm shall not be the same firm as that of the Engineer of Record for the Project. The Department shall have the right, but not the obligation, to perform independent assurance testing during the course of construction of the Project. Notwithstanding the foregoing, the Department may issue a written waiver of the CEI requirement for portions of Projects involving the construction of bus shelters, stops, or pads. c. The Project shall be designed and constructed in accordance with the latest edition of the Department's Standard Specifications for Road and Bridge Construction, the Department Design Standards, and the Manual of Uniform Traffic Control Devices (MUTCD). The following guidelines shall apply as deemed appropriate by the Department: the Department Structures Design Manual, AASHTO Guide Specifications for the Design of Pedestrian Bridges, AASHTO LRFD Bridge Design Specifications, Florida Design Manual, Manual for Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways (the "Florida Green Book"), and the Department Traffic Engineering Manual. The Agency will be required to submit any construction plans required by the Department for review and approval prior to any work being commenced. Should any changes to the plans be required during construction of the Project, the Agency shall be required to notify the Department of the changes and receive approval from the Department prior to the changes being constructed. The Agency shall maintain the area of the Project at all times and coordinate any work needs of the Department during construction of the Project. d. The Agency shall notify the Department a minimum of 48 hours before beginning construction within Department right-of-way. The Agency shall notify the Department should construction be suspended for more than 5 working days. The Department contact person for construction is . e. The Agency shall be responsible for monitoring construction operations and the maintenance of traffic (MOT) throughout the course of the Project in accordance with the latest edition of the Department Standard Specifications, section 102. The Agency is responsible for the development of a MOT plan and making any changes to that plan as necessary. The MOT plan shall be in accordance with the latest version of the Department Design Standards, Index 600 series. Any MOT plan developed by the Agency that deviates from the Department Design Standards must be signed and sealed by a professional engineer. MOT plans will require approval by the Department prior to implementation. f. The Agency shall be responsible for locating all existing utilities, both aerial and underground, and for ensuring that all utility locations be accurately documented on the construction plans. All utility conflicts shall be fully resolved directly with the applicable utility. g. The Agency will be responsible for obtaining all permits that may be required by other agencies or local governmental entities. h. It is hereby agreed by the Parties that this Agreement creates a permissive use only and all improvements located on the Department's right-of-way resulting from this Agreement shall become the property of the Department. Neither the granting of the permission to use the Department right of way nor the placing of facilities upon the Department property shall operate to create or vest any property right to or in the Agency, except as may otherwise be provided in separate agreements. The Agency shall not acquire any right, title, interest or ocuSign Envelope ID: 6B3D989A-8E50-4F48-8702-1D8EB569ABAB STATEOF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 4/25!2023 estate in Department right of way, of any nature or kind whatsoever, by virtue of the execution, operation, effect, or performance of this Agreement including, but not limited to, the Agency's use, occupancy or possession of Department right of way. The Parties agree that this Agreement does not, and shall not be construed to, grant credit for any future transportation concurrency requirements pursuant to Chapter 163, F.S. i. The Agency shall not cause any liens or encumbrances to attach to any portion of the Department's property, including but not limited to, the Department's right-of-way. J. The Agency shall perform all required testing associated with the design and construction of the Project. Testing results shall be made available to the Department upon request. The Department shall have the right to perform its own independent testing during the course of the Project. k. The Agency shall exercise the rights granted herein and shall otherwise perform this Agreement in a good and workmanlike manner, with reasonable care, in accordance with the terms and provisions of this Agreement and all applicable federal, state, local, administrative, regulatory, safety and environmental laws, codes, rules, regulations, policies, procedures, guidelines, standards and permits, as the same may be constituted and amended from time to time, including, but not limited to, those of the Department, applicable Water Management District, Florida Department of Environmental Protection, the United States Environmental Protection Agency, the United States Army Corps of Engineers, the United States Coast Guard and local govemmental entities. I. If the Department determines a condition exists which threatens the public's safety, the Department may, at its discretion, cause construction operations to cease and immediately have any potential hazards removed from its right-of-way at the sole cost, expense, and effort ofthe Agency. The Agency shall bear all construction delay costs incurred by the Department m. The Agency shall be responsible to maintain and restore all features that might require relocation within the Department right-of-way. n. The Agency will be solely responsible for clean up or restoration required to correct any environmental or health hazards that may result from construction operations. o. The acceptance procedure will include a final "walk-through" by Agency and Department personnel. Upon completion of construction, the Agency will be required to submit to the Department final as -built plans and an engineering certification that construction was completed in accordance to the plans. Submittal of the final as -built plans shall include one complete set of the signed and sealed plans on 11" X 17" plan sheets and an electronic copy prepared in Portable Document Format (PDF). Prior to the termination of this Agreement, the Agency shall remove its presence, including, but not limited to, all of the Agency's property, machinery, and equipment from Department right-of-way and shall restore those portions of Department right of way disturbed or otherwise altered by the Project to substantially the same condition that existed immediately prior to the commencement of the Project. p. If the Department determines that the Project is not completed in accordance with the provisions of this Agreement, the Department shall deliver written notification of such to the Agency. The Agency shall have thirty (30) days from the date of receipt of the Department's written notice, or such other time as the Agency and the Department mutually agree to in writing, to complete the Project and provide the Department with written notice of the same the "Notice of Completion"). If the Agency fails to timely deliver the Notice of Completion, or if it is determined that the Project is not properly completed after receipt of the Notice of Completion, the Department, within its discretion may: 1) provide the Agency with written authorization granting such additional time as the Department deems appropriate to correct the deficiency(ies); or 2) correct the deficiency(ies) at the Agency's sole cost and expense, DocuSign Envelope ID: 6B3D989A-8E50-4F48-8702-1D8EB569ABAB q. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725.000-02 STRATEGIC DEVELOPMENT OGC 4/25/2023 without Department liability to the Agency for any resulting Toss or damage to property, including, but not limited to, machinery and equipment. If the Department elects to correct the deficiency(ies), the Department shall provide the Agency with an invoice for the costs incurred by the Department and the Agency shall pay the invoice within thirty (30) days of,the date of the invoice. The Agency shall implement best management practices for erosion and pollution control to prevent violation of state water quality standards. The Agency shall be responsible for the correction of any erosion, shoaling, or water quality problems that result from the construction of the Project. r. Portable Traffic Monitoring Site (PTMS) or a Telemetry Traffic Monitoring Site (TTMS) may exist within the vicinity of your proposed work. It is the responsibility of the Agency to locate and avoid damage to these sites. If a PTMS or TTMS is encountered during construction, the Department must be contacted immediately. s. During construction, highest priority must be given to pedestrian safety. If permission is granted to temporarily close a sidewalk, it should be done with the express condition that an altemate route will be provided, and shall continuously maintain pedestrian features to meet Americans Disability Act (ADA) standards. t. Restricted hours of operation will be as follows, unless otherwise approved by the Department's District Construction Engineer or designee (insert hours and days of the week for restricted operation): u. Lane closures on the state road system must be coordinated with the Public Information Office at least two weeks prior to the closure. The contact information for the Department's Public Information Office is: Insert District PIO contact info: Note: (Highlighted sections indicate need to confirm information with District Office or appropriate DOT person managing the Agreement) 3. Engineer's Certification of Compliance. The Agency shall complete and submit and if applicable Engineer's Certification of Compliance to the Department upon completion of the construction phase of the Project. JocuSign Envelope ID: 6B3D989A-8E50-4F48-87C2-1DBEB569ABAB STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS NGINEER'S CERTIFICATION OF COMPUANCE PUBLIC TRANSPORTATION GRANT AGREEMENT BETWEEN THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION and PROJECT DESCRIPTION: Form 725-000-02 STRATEGIC DEVELOPMENT OGC 4/25/2023 DEPARTMENT CONTRACT NO.: FINANCIAL MANAGEMENT NO.: In accordance with the Terms and Conditions of the Public Transportation Grant Agreement, the undersigned certifies that all work which originally required certification by a Professional Engineer has been completed in compliance with the Project construction plans and specifications. If any deviations have been made from the approved plans, a list of all deviations, along with an explanation that justifies the reason to accept each deviation, will be attached to this Certification. Also, with submittal of this certification, the Agency shall fumish the Department a set of "as -built" plans for construction on the Department's Right of Way certified by the Engineer of Record/CEI. SEAL: By: Name: Date: P.E. Docusign Envelope ID: 6B3D989A-8E50-4F48-87C2-1DSEB569ABAB STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS EXHIBIT D AGENCY RESOLUTION PLEASE SEE ATTACHED Form 725-000-02 STRATEGIC DEVELOPMENT OGC 4/2512023 JocuSign Envelope ID: 6B3D989A-8E50-4F48-8702-1D8EB569ABAB STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS EXHIBIT E PROGRAM SPECIFIC TERMS AND CONDITIONS - AVIATION AVIATION PROGRAM ASSURANCES A. General. Form 725-000-02 STRATEGIC DEVELOPMENT OGC 4/25/2023 1. The assurances herein shall form an integral part of the Agreement between the Department and the Agency. 2. These assurances delineate the obligations of the Parties to this Agreement to ensure their commitment and compliance with specific provisions of Exhibit "A", Project Description and Responsibilities, and Exhibit B", Schedule of Financial Assistance, as well as serving to protect public investment in public -use airports and the continued viability of the Florida Aviation System. 3. The Agency shall comply with the assurances as specified in this Agreement. 4. The terms and assurances of this Agreement shall remain in full force and effect throughout the useful life of a facility developed; equipment acquired; or Project items installed within a facility for an airport development or noise compatibility program project, but shall not exceed 20 years from the effective date of this Agreement. 5. There shall be no limit on the duration of the terms and assurances of this Agreement regarding Exclusive Rights and Airport Revenue so long as the property is used as a public airport. 6. There shall be no limit on the duration of the terms and assurances of this Agreement with respect to real property acquired with funds provided by this Agreement. 7. Subject to appropriations, the Department shall continue to comply with its financial commitment to this Project under the terms of this Agreement, until such time as the Department may determine that the Agency has failed to comply with the terms and assurances of this Agreement. 8. An Agency that has been determined by the Department to have failed to comply with either the terms of these Assurances, or the terms of the Agreement, or both, shall be notified, in writing, by the Department, identifying the specifics of the non-compliance and any corrective action by the Agency to remedy the failure. 9. Failure by the Agency to satisfactorily remedy the non-compliance shall absolve the Department's continued financial commitment to this Project and immediately require the Agency to repay the Department the full amount of funds expended by the Department on this Project. 10. Any history of failure to comply with the terms and assurances of an Agreement will jeopardize the Agency's eligibility for further state funding of airport projects by the Department. B. Agency Compliance Certification. 1. General Certification. The Agency hereby certifies, with respect to this Project, it will comply, within its authority, with all applicable, current laws and rules of the State of Florida and applicable local governments, as well as Department policies, guidelines, and requirements, including but not limited to, the following (latest version of each document): a. Florida Statutes (F.S.) Chapter 163, F.S., Intergovernmental Programs Chapter 329, F.S., Aircraft: Title; Liens; Registration; Liens Chapter 330, F.S., Regulation of Aircraft, Pilots, and Airports Chapter 331, F.S., Aviation and Aerospace Facilities and Commerce Chapter 332, F.S., Airports and Other Air Navigation Facilities Chapter 333, F.S., Airport Zoning Jocusign Envelope ID: 6B3D989A-8E50-4F48-8702-1D8EB569ABAB STATE OF FLORIDA DEPARTMENT OFTRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 4/25/2023 b. Florida Administrative Code (FAC) Chapter 73C-41, FAC, Community Planning; Governing the Procedure for the Submittal and Review of Local Govemment Comprehensive Plans and Amendments Chapter 14-60, FAC, Airport Licensing, Registration, and Airspace Protection Section 62-256.300, FAC, Open Buming, Prohibitions Section 62-701.320(13), FAC, Solid Waste Management Facility Permit Requirements, General, Airport Safety c. Local Govemment Requirements Airport Zoning Ordinance Local Comprehensive Plan d. Department Requirements Eight Steps of Building a New Airport Florida Airport Revenue Use Guide Florida Aviation Project Handbook Guidebook for Airport Master Planning Airport Compatible Land Use Guidebook 2. Construction Certification. The Agency hereby certifies, with respect to a construction -related project, that all design plans and specifications will comply with applicable federal, state, local, and professional standards, as well as Federal Aviation Administration (FAA) Advisory Circulars (AC's) and FAA issued waivers thereto, including but not limited to, the following: a. Federal Requirements FAA AC 70/7460-1, Obstruction Marking and Lighting FAA AC 150/5300-13, Airport Design FAA AC 150/5370-2, Operational Safety on Airports During Construction FAA AC 150/5370-10, Standards for Specifying Construction ofAirports b. Local Govemment Requirements Local Building Codes Local Zoning Codes c. Department Requirements Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways (Commonly Referred to as the "Florida Green Book") Manual on Uniform Traffic Control Devices Section 14-60.007, FAC, Airfield Standards for Licensed Airports Standard Specifications for Construction of General Aviation Airports Design Guidelines & Minimum Standard Requirements for T -Hangar Projects 3. Land Acquisition Certification. The Agency hereby certifies, regarding land acquisition, that it will comply with applicable federal and/or state policies, regulations, and laws, including but not limited to the following: a. Federal Requirements Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 National Environmental Policy of 1969 FAA Order 5050.4, National Environmental Policy Act Implementing Instructions for Airport Projects FAA Order 5100.37B, Land Acquisition and Relocation Assistance for Airport Projects b. Florida Requirements Chapter 73, F.S., Eminent Domain (re: Property Acquired Through Condemnation) Chapter 74, F.S., Proceedings Supplemental to Eminent Domain (re: Condemnation) Section 286.23, F.S., Public Business: Miscellaneous Provisions ocuSign Envelope ID: 6B3D989A-8E50-4F48-8702-1 D8EB569ABAB STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS C. Agency Authority. Form 725-000-02 STRATEGIC DEVELOPMENT OGC 4/25/2023 1. Legal Authority. The Agency hereby certifies, with respect to this Agreement, that it has the legal authority to enter into this Agreement and commit to this Project; that a resolution, motion, or similar action has been duly adopted or passed as an official act of the airport sponsor's goveming body authorizing this Agreement, including assurances contained therein, and directing and authorizing the person identified as the official representative of the governing body to act on its behalfwith respect to this Agreement and to provide any additional information as may be required. 2. Financial Authority. The Agency hereby certifies, with respect to this Agreement, that it has sufficient funds available for that portion of the Project costs which are not paid by the U.S. Government or the State of Florida; that it has sufficient funds available to assure future operation and maintenance of items funded by this Project, which it will control; and that authority has been granted by the airport sponsor goveming body to commit those funds to this Project. D. Agency Responsibilities. The Agency hereby certifies it currently complies with or will comply with the following responsibilities: 1. Accounting System. a. The Agency shall create and maintain a separate account to document all of the financial transactions related to the airport as a distinct entity. b. The accounting records shall be kept by the Agency or its authorized representative in accordance with Generally Accepted Accounting Principles and in an accounting system that will facilitate an effective audit in accordance with the 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards and Section 215.97, F.S., Florida Single Audit Act. c. The Department has the right to audit and inspect all financial records ofthe Agency upon reasonable notice. 2. Good Title. a. The Agency holds good title, satisfactory to the Department, to the airport or site thereof, or gives assurance, satisfactory to the Department, that good title will be obtained. b. For noise compatibility program projects undertaken on the airport sponsor's property, the Agency holds good title, satisfactory to the Department, to that portion of the property upon which state funds will be expended, or gives assurance, satisfactory to the Department, that good title will be obtained. 3. Preserving Rights and Powers. a. The Agency shall not take or permit any action which would operate to deprive it of any of the rights and powers necessary to perform any or all of the terms and assurances of this Agreement without the written approval of the Department. Further, the Agency shall act promptly to acquire, extinguish, or modify, in a manner acceptable to the Department, any outstanding rights or claims of right of others which would interfere with such performance by the Agency. b. If an arrangement is made for management and operation of the airport by any entity or person other than the Agency or an employee of the Agency, the Agency shall reserve sufficient rights and authority to ensure that the airport will be operated and maintained in accordance with the terms and assurances of this Agreement. 4. Hazard Removal and Mitigation. JocuSign Envelope ID: 6B3D989A-8E50-4F48-87c2-1D8EB569ABAB STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 4/25/2023 a. For airport hazards located on airport controlled property, the Agency shall clear and protect terminal airspace required for instrument and visual operations at the airport (including established minimum flight altitudes) by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. b. For airport hazards not located on airport controlled property, the Agency shall work in conjunction with the goveming public authority or private land owner of the property to clear and protect terminal airspace required for instrument and visual operations at the airport (including established minimum flight altitudes) by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. The Agency may enter into an agreement with surrounding property owners or pursue available legal remedies to remove potential hazards to air navigation. 5. Airport Compatible Land Use. a. The Agency assures that appropriate airport zoning ordinances are in place consistent with Section 333.03, F.S., or if not in place, that it will take appropriate action necessary to ensure local govemment adoption of an airport zoning ordinance or execution of an interlocal agreement with another local govemment body having an airport zoning ordinance, consistent with the provisions of Section 333.03, F.S. b. The Agency assures that it will disapprove or oppose any attempted alteration or creation of objects, natural or man-made, dangerous to navigable airspace or that would adversely affect the current or future levels of airport operations. c. The Agency assures that it will disapprove or oppose any attempted change in local land use development regulations that would adversely affect the current or future levels of airport operations by creation or expansion of airport incompatible land use areas. 6. Consistency with Local Government Plans. a. The Agency assures the Project is consistent with the currently existing and planned future land use development plans approved by the local government having jurisdictional responsibility for the area surrounding the airport. b. The Agency assures that it has given fair consideration to the interest of local communities and has had reasonable consultation with those parties affected by the Project. c. The Agency shall consider and take appropriate actions, if deemed warranted by the Agency, to adopt the current, approved Airport Master Plan into the local govemment comprehensive plan. 7. Consistency with Airport Master Plan and Airport Layout Plan. a. The Agency assures that the project, covered by the terms and assurances of this Agreement, is consistent with the most current Airport Master Plan. b. The Agency assures that the Project, covered by the terms and assurances of this Agreement, is consistent with the most current, approved Airport Layout Ran (ALP), which shows: 1) The boundaries of the airport and all proposed additions thereto, together with the boundaries of all offsite areas owned or controlled by the Agency for airport purposes and proposed additions thereto; 2) The location and nature of all existing and proposed airport facilities and structures (such as runways, taxiways, aprons, terminal buildings, hangars, and roads), including all proposed extensions and reductions of existing airport facilities; and 3) The location of all existing and proposed non -aviation areas on airport property and of all existing improvements thereon. DocuSign Envelope ID:6B3D989A-8E50-4F48-8702-1DBEB569ABAB STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 4/25/2023 c. The Agency assures that it will not make or permit any changes or alterations on the airport or any of its facilities that are not consistent with the Airport Master Plan and the Airport Layout Plan, as approved by theDepartment. d. Original Airport Master Plans and Airport Layout Plans and each amendment, revision, or modification thereof, will be subject to the approval of the Department. 8. Airport Financial Plan. a. The Agency assures that it will develop and maintain a cost -feasible Airport financial plan to accomplish the projects necessary to achieve the proposed airport improvements identified in the Airport Master Plan and depicted in the Airport Layout Plan, and any updates thereto. The Agency's Airport financial plan must comply with the following conditions: 1) The Airport financial plan will be a part of the Airport Master Plan. 2) The Airport financial plan will realistically assess project phasing considering availability of state and local funding and likelihood of federal funding under the FAA's priority system. 3) The Airport financial plan will not include Department funding for projects that are inconsistent with the local govemment comprehensive plan. b. All Project cost estimates contained in the Airport financial plan shall be entered into and kept current in the Florida Aviation Database (FAD) Joint Automated Capital Improvement Program (JACIP)website. 9. Airport Revenue. The Agency assures that all revenue generated by the airport will be expended for capital improvement or operating costs of the airport; the local airport system; or other local facilities which are owned or operated by the owner or operator of the airport and which are directly and substantially related to the air transportation of passengers or property, or for environmental or noise mitigation purposes on or off the airport. 10. Fee and Rental Structure. a. The Agency assures that it will maintain a fee and rental structure for facilities and services at the airport that it will make the airport as self-sustaining as possible under the circumstances existing at the particular airport. b. If this Agreement results in a facility that will be leased or otherwise produce revenue, the Agency assures that the price charged for that facility will be based on the market value. 11. Public -Private Partnership for Aeronautical Uses. a. If the airport owner or operator and a person or entity that owns an aircraft or an airport tenant or potential tenant agree that an aircraft hangar or tenant -specific facility, respectively, is to be constructed on airport property for aircraft storage or tenant use at the expense of the aircraft owner or tenant, the airport owner or operator may grant to the aircraft owner or tenant of the facility a lease that is subject to such terms and conditions on the facility as the airport owner or operator may impose, subject to approval by the Department. b. The price charged for said lease will be based on market value, unless otherwise approved by theDepartment. 12. Economic Nondiscrimination. a. The Agency assures that it will make the airport available as an airport for public use on reasonable terms without unjust discrimination to all types, kinds and classes of aeronautical activities, including commercial aeronautical activities offering services to the public. 1) The Agency may establish such reasonable, and not unjustly discriminatory, conditions to be met by all users of the airport as may be necessary for the safe and efficient operation of the airport. ocuSign Envelope ID: 6B3D989A-8E50-4F48-8702-1D8EB569ABAB STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 4/2512023 2) The Agency may prohibit or limit any given type, kind or class of aeronautical use of the airport if such action is necessary for the safe operation of the airport or necessary to serve the civil aviation needs of the public. b. The Agency assures that each airport Fixed -Based Operator (FBO) shall be subject to the same rates, fees, rentals, and other charges as are uniformly applicable to all other FBOs making the same or similar uses of such airport and utilizing the same or similar facilities. 13. Air and Water Quality Standards. The Agency assures that all projects involving airport location, major runway extension, or runway location will be located, designed, constructed, and operated so as to comply with applicable air and water quality standards. 14. Operations and Maintenance. a. The Agency assures that the airport and all facilities, which are necessary to serve the aeronautical users of the airport, shall be operated at all times in a safe and serviceable condition and in accordance with the minimum standards as may be required or prescribed by applicable federal and state agencies for maintenance and operation, as well as minimum standards established by the Department for State of Florida licensing as a public -use airport. 1) The Agency assures that it will not cause or permit any activity or action thereon which would interfere with its use for airport purposes. 2) Except in emergency situations, any proposal to temporarily close the airport for non -aeronautical purposes must first be approved by the Department. 3) The Agency assures that it will have arrangements for promptly notifying airmen of any condition affecting aeronautical use of the airport. b. Nothing contained herein shall be construed to require that the airport be operated for aeronautical use during temporary periods when adverse weather conditions interfere with safe airport operations. 15. Federal Funding Eligibility. a. The Agency assures it will take appropriate actions to maintain federal funding eligibility for the airport and it will avoid any action that renders the airport ineligible for federal funding. b. If the Agency becomes ineligible for federal funding of airport projects, such determination will renderthe Agency ineligible for state funding of airport projects. 16. Project Implementation. a. The Agency assures that it will begin making expenditures or incurring obligations pertaining to this Project within one year after the effective date of this Agreement. b. The Agency may request a one-year extension of this one-year time period, subject to approval by the Department District Secretary or designee. c. Failure of the Agency to make expenditures, incur obligations or receive an approved extension may allow the Department to terminate this Agreement. 17. Exclusive Rights. The Agency assures that it will not permit any exclusive right for use of the airport by any person providing, or intending to provide, aeronautical services to the public. 18. Airfield Access. a. The Agency assures that it will not grant or allow general easement or public access that opens onto or crosses the airport runways, taxiways, flight line, passenger facilities, or any area used for emergency 7ocuSign Envelope ID: 6B3D989A-8E50-4F48-8702-1D8EB569ABAB STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 4/25/2023 equipment, fuel, supplies, passengers, mail and freight, radar, communications, utilities, and landing systems, including but not limited to flight operations, ground services, emergency services, terminal facilities, maintenance, repair, or storage, except for those normal airport providers responsible for standard airport daily services or during special events at the airport open to the public with limited and controlled access. b. The Agency assures that it will not grant or allow general easement or public access to any portion of the airfield from adjacent real property which is not owned, operated, or otherwise controlled by the Agency without prior Department approval. 19. Retention of Rights and Interests.The Agency will not sell, lease, encumber, or otherwise transfer or dispose of any part of its title or other interests in the real property shown as airport owned or controlled on the current airport layout plan without prior written approval by the Department. It will not sell, lease, encumber, terminate, waive, or otherwise transfer or dispose of any part of its title, rights, or other interest in existing noise easements or avigation easements on any property, airport or non -airport, without prior written approval by the Department. These assurances shall not limit the Agency's right to lease airport property for airport -compatible purposes. 20. Consultant, Contractor, Scope, and Costs. a. The Department has the right to disapprove the Agency's employment of consultants, contractors, and subcontractors for all or any part of this Project if the specific consultants, contractors, or subcontractors have a record of poor project performance with the Department. b. Further, the Department maintains the right to disapprove the proposed Project scope and cost of professional services. 21. Planning Projects. For all planning projects or other aviation studies, the Agency assures that it will: a. Execute the project per the approved project narrative or with approved modifications. b. Fumish the Department with such periodic project and work activity reports as indicated in the approved scope of services. c. Make such project materials available for public review, unless exempt from public disclosure. 1) Information related to airport security is considered restricted information and is exempt from public dissemination per Sections 119.071(3) and 331.22 F.S. 2) No materials prepared under this Agreement shall be subject to copyright in the United States or any other country. d. Grant the Department unrestricted authority to publish, disclose, distribute, and otherwise use any of the material prepared in connection with this Agreement. e. If the Project involves developing an Airport Master Plan or an Airport Layout Plan, and any updates thereto, it will be consistent with provisions of the Florida Aviation System Plan, will identify reasonable future growth of the airport and the Agency will comply with the Department airport master planning guidebook, including: 1) Provide copies, in electronic and editable format, of final Project materials to the Department, including computer-aided drafting (CAD) files of the Airport Layout Plan. 2) Develop a cost -feasible financial plan, approved by the Department, to accomplish the projects described in the Airport Master Plan or depicted in the Airport Layout Plan, and any updates thereto. The cost -feasible financial plan shall realistically assess Project phasing considering availability of state and local funding and federal funding under the FAA's priority system. 3) Enter all projects contained in the cost -feasible plan in the Joint Automated Capital Improvement Program (JACIP). 7ocusign Envelope ID: 6B3D989A-8E50-4F48-8702-1D8EB569ABAB STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 4/25/2023 f. The Agency understands and agrees that Department approval of this Agreement or any planning material developed as part of this Agreement does not constitute or imply any assurance or commitment on the part of the Department to approve any pending or future application for state aviation funding. g. The Agency will submit master planning draft and final deliverables for Department and, if required, FAA approval prior to submitting any invoices to the Department for payment. 22. Land Acquisition Projects. For the purchase of real property, the Agency assures that it will: a. Laws. Acquire the land in accordance with federal and/or state laws goveming such action. b. Administration. Maintain direct control of Project administration, including: 1) Maintain responsibility for all related contract letting and administrative procedures related to the purchase of real property. 2) Secure written Department approval to execute each agreement for the purchase of real property with any third party. 3) Ensure a qualified, State -certified general appraiser provides all necessary services and documentation. 4) Fumish the Department with a projected schedule of events and a cash flow projection within 20 calendar days after completion of the review appraisal. 5) Establish a Project account for the purchase of the land. 6) Collect and disburse federal, state, and local project funds. c. Reimbursable Funds. If funding conveyed by this Agreement is reimbursable for land purchase in accordance with Chapter 332, F.S., the Agency shall comply with the following requirements: 1) The Agency shall apply for a FAA Airport Improvement Program grant for the land purchase within 60 days of executing this Agreement. 2) If federal funds are received for the land purchase, the Agency shall notify the Department, in writing, within 14 calendar days of receiving the federal funds and is responsible for reimbursing the Department within 30 calendar days to achieve normal project federal, state, and local funding shares per Chapter 332, F.S. 3) If federal funds are not received for the land purchase, the Agency shall reimburse the Department within 30 calendar days after the reimbursable funds are due in order to achieve normal project state and local funding shares as described in Chapter 332, F.S. 4) If federal funds are not received for the land purchase and the state share of the purchase is less than or equal to normal state and local funding shares per Chapter 332, F.S., when reimbursable funds are due, no reimbursement to the Department shall be required. d. New Airport. If this Project involves the purchase of real property for the development of a new airport, the Agency assures that it will: 1) Apply for federal and state funding to construct a paved runway, associated aircraft parking apron, and connecting taxiway within one year of the date of land purchase. 2) Complete an Airport Master Plan within two years of land purchase. 3) Complete airport construction for basic operation within 10 years of land purchase. e. Use of Land. The Agency assures that it shall use the land for aviation purposes in accordance with the terms and assurances of this Agreement within 10 years of acquisition. f. Disposal of Land. For the disposal ofreal property the Agency assures that it will comply with the following: 1) For land purchased for airport development or noise compatibility purposes, the Agency shall, when the land is no longer needed for such purposes, dispose of such land at fair market value and/or make available to the Department an amount equal to the state's proportionate share of its market value. DocuSign Envelope ID: 6B3D989A-8E50-4F48-8702-1D8EB569ABAB STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 4/25/2023 2) Land will be considered to be needed for airport purposes under this assurance if: a) It serves aeronautical purposes such as a runway protection zone or as a noise buffer. b) Revenue from uses of such land contributes to airport financial self-sufficiency. 3) Disposition of land under Sections D.22.f.1. or D.22.f.2. of this Exhibit, above, shall be subject to retention or reservation of any interest or right therein needed to ensure such land will only be used for purposes compatible with noise levels related to airport operations. 4) Revenues from the sale of such land must be accounted for as outlined in Section D.1. of this Exhibit, and expended as outlined in Section D.9. of this Exhibit. 23. Construction Projects. The Agency assures that it will: a. Project Certifications. Certify Project compliances, including: 1) Consultant and contractor selection comply with all applicable federal, state and local laws, rules, regulations, and policies. 2) All design plans and specifications comply with federal, state, and professional standards and applicable FAA advisory circulars, as well as the minimum standards established by the Department for State of Florida licensing as a public -use airport. 3) Completed construction complies with all applicable local building codes. 4) Completed construction complies with the Project plans and specifications with certification of that fact by the Project Engineer. b. Design Development. For the plans, specifications, construction contract documents, and any and all other engineering, construction, and contractual documents produced by the Engineer, which are hereinafter collectively referred to as "plans", the Engineer will certify that: 1) The plans shall be developed in accordance with sound engineering and design principles, and with generally accepted professional standards. 2) The plans shall be consistent with the intent of the Project as defined in Exhibit A and Exhibit B of this Agreement. 3) The Project Engineer shall perform a review of the certification requirements listed in Section B.2. of this Exhibit, Construction Certification, and make a determination as to their applicability to this Project. 4) Development of the plans shall comply with all applicable laws, ordinances, zoning and permitting requirements, public notice requirements, and other similar regulations. c. Inspection and Approval. The Agency assures that: 1) The Agency will provide and maintain competent technical supervision at the construction site throughout the Project to assure that the work conforms to the plans, specifications, and schedules approved by the Department, as applicable, for the Project. 2) The Agency assures that it will allow the Department to inspect the work and that it will provide any cost and progress reporting, as may be required by the Department. 3) The Agency assures that it will take the appropriate corrective action necessary, as required by the Department, for work which does not conform to the Department standards. d. Pavement Preventive Maintenance. The Agency assures that for a project involving replacement or reconstruction of runway or taxiway pavement it has implemented an airport pavement maintenance management program and that it will use such program for the useful life of any pavement constructed, reconstructed, or repaired with state financial assistance at the airport. JocuSign Envelope ID: 6B3D989A-8E50-4F46-8702-1D8EB569ABAB STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS 24. Noise Mitigation Projects. The Agency assures that it will: Form 725-000-02 STRATEGIC DEVELOPMENT OGC 4/25/2023 a. Government Agreements. For all noise compatibility projects that are carried out by another unit of local government or are on property owned by a unit of local govemment other than the Agency, the Agency shall enter into an agreement with that govemment body. 1) The local agreement, satisfactory to the Department, shall obligate the unit of local government to the same terms and assurances that apply to the Agency. 2) The Agency assures that it will take steps to enforce the local agreement if there is substantial non- compliance with the terms of the local agreement. b. Private Agreements. For noise compatibility projects on privately owned property: 1) The Agency shall enter into an agreement with the owner of that property to exclude future actions against the airport. 2) The Agency assures that it will take steps to enforce such agreement if there is substantial non- compliance with the terms of the agreement. End of Exhibit E - ocuSign Envelope ID: 6B3D989A-8E5Q-4F48-8702-1D8EB569ABAB STATEOF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS EXHIBIT F Contract Payment Requirements Florida Department of Financial Services, Reference Guide for State Expenditures Cost Reimbursement Contracts Form 725-000-02 STRATEGIC DEVELOPMENT OGC 4/25/2023 Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category (salary, travel, expenses, etc.). Supporting documentation shall be submitted for each amount for which reimbursement is being claimed indicating that the item has been paid. Documentation for each amount for which reimbursement is being claimed must indicate that the item has been paid. Check numbers may be provided in lieu of copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures for categories in the approved agreement budget may be reimbursed. These expenditures must be allowable (pursuant to law) and directly related to the services being provided. Listed below are types and examples of supporting documentation for cost reimbursement agreements: 1) Salaries: A payroll register or similar documentation should be submitted. The payroll register should show gross salary charges, fringe benefits, other deductions and net pay. If an individual for whom reimbursement is being claimed is paid by the hour, a document reflecting the hours worked times the rate of pay will be acceptable. 2) Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid on behalf of the employee (e.g., insurance premiums paid). If the contract specifically states that fringe benefits will be based on a specified percentage rather than the actual cost of fringe benefits, then the calculation for the fringe benefits amount must be shown. Exception: Govemmental entities are not required to provide check numbers or copies of checks for fringe benefits. 3) Travel: Reimbursement for travel must be in accordance with Section 112.061, Florida Statutes, which includes submission of the claim on the approved State travel voucher or electronic means. 4) Other direct costs: Reimbursement will be made based on paid invoices/receipts. If nonexpendable property is purchased using State funds, the contract should include a provision for the transfer of the property to the State when services are terminated. Documentation must be provided to show compliance with Department of Management Services Rule 60A-1.017, Florida Administrative Code, regarding the requirements for contracts which include services and that provide for the contractor to purchase tangible personal property as defined in Section 273.02, Florida Statutes, for subsequent transfer to the State. 5) In-house charges: Charges which may be of an internal nature (e.g., postage, copies, etc.) may be reimbursed on a usage log which shows the units times the rate being charged. The rates must be reasonable. 6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate, then the calculation should be shown. Contracts between state agencies, and/or contracts between universities may submit altemative documentation to substantiate the reimbursement request that may be in the form of FLAIR reports or other detailed reports. The Florida Department of Financial Services, online Reference Guide for State Expenditures can be found at this web address https://www.myfloridacfo.com/Division/AA/Manuals/documents/ReferenceGuideforStateExpenditures.pdf. ocusign Envelope ID: 6B3D989A-8E50-4F48-87c2-1D8EB569ABAB STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 4/25/2023 EXHIBIT G AUDIT REQUIREMENTS FOR AWARDS OF STATE FINANCIAL ASSISTANCE THE STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING; SUBJECT TO SECTION 215.97, FLORIDA STATUTES: - Awarding Agency: State Project Title: CSFA Number: Award Amount: Florida Department ofTransportation Aviation Grant Program 55.004 640,000 The award amount may change with amendments Specific project information for CSFA Number 55.004 is provided at: https://apps.fldfs.com/fsaa/searchCataloq.aspx COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT: State Project Compliance Requirements for CSFA Number 55.004 are provided at: https://apps.fldfs.com/fsaa/searchCompliance.aspx The State Projects Compliance Supplement is provided at: https://apps.fldfs.com/fsaa/compliance.aspx vocuaign envelope iv: ooavaa-atau-vrwo-o,t,L-ivaccooWrlrsrAn To: Jeffrey.Horning@dot.state.fl.us FLORIDA DEPARTMENT OF TRANSPORTATION FUNDS APPROVAL G2092 10/16/2023 CONTRACT INFORMATION G2092 GD - GRANT DISBURSEMENT (GRANT) G - GOVERMENTAL AGENCY (287.057,F.S.) CITY OF CLEARWATER F596000289005 10/13/2023 10/13/2026 ct = $640,000.00 PARKING LOT EXPANSION AND REHABILITATION FUNDS APPROVAL INFORMATION FUNDS APPROVED/REVIEWED FOR JASON ADANK, CPA, COMPTROLLER ON 10/16/2023 Total Amount: $640,000.00 Pagel of 1 Original x.. z 1 APPROVED v 55072020728 oirEllon: A6 ObJec.iodg % 751000 640,000.00 45389819401 1 215 r knl 2024 f' 55100100 Categorrtegorrr earwa 088719/24 Anter roan jD t r ' 0001 Sequef `' s ` 00 UserAssigned ID: Enc Line (6sj/Status: 0001/04 Total Amount: $640,000.00 Pagel of 1 LEASE AND PROPERTY OPERATION AGREEMENT THIS LEASE AND PROPERTY OPERATION AGREEMENT (this "Agreement") is between the City of Clearwater, Florida, a municipal corporation of the State of Florida (the "City" or "Lessor") and F1yUSA PV, LLC, a Florida limited liability company ("Lessee" and collectively with Lessor, the "Parties"). RECITALS WHEREAS, Lessor is the owner of the Clearwater Airpark, located at 1000 N. Hercules Avenue, Clearwater, Florida 33765, which Lessor intends to revitalize through redevelopment of the facilities; and WHEREAS, Lessor intends for the Clearwater Airpark to continue to be used as a public - use airport that provides safe and efficient services for the benefit of the public by means of a lease and operating agreement; and WHEREAS, Lessee desires to acquire the lease and operational rights for the Clearwater Airpark in exchange for certain rental payments; and WHEREAS, Lessor and Lessee seek to obtain matching grant funds from the Florida Department of Transportation ("FDOT") for certain capital improvement projects for the Clearwater Airpark with Lessor to provide funding contributions upfront and Lessee to provide reimbursement to Lessor for a portion of total project costs; and WHEREAS, Lessee is dedicated to ensuring that flight training remains available at the Clearwater Airpark while at the same time mitigating noise pollution and disturbance to nearby single-family neighborhoods; and WHEREAS, Lessee is dedicated to providing current active tenants leasing space for aircrafts with opportunities to continue leasing space at the Clearwater Airpark; and WHEREAS, the Parties intend to work together in good faith to secure the funds from FDOT and move forward with the revitalization and redevelopment of the Clearwater Airpark. WITNESSETH: NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereby agree as follows: Article 1 Definitions 1. "Aeronautical Activity or Service" - Shall mean any activity or service which involves, makes possible, or is required for the operation of aircraft or which contributes to, or is 1 required for, the safety of such operations and shall include, but not by way of limitation, all activities commonly conducted at airports, such as charter operations, flight training school, aircraft rental, aircraft storage, air taxi operations, sightseeing, aerial photography, surveying, aircraft sales and service, sale of aviation petroleum products (whether or not conducted in conjunction with other included activities), repair and maintenance of aircraft, sale of aircraft parts, sale and maintenance of aircraft accessories, radio, communication and navigation equipment, flying clubs and any other activity which, because of its direct relationship to the operation of aircraft, can appropriately be regarded as an "Aeronautical Activity or Service". Aeronautical Activity or Service shall not include regularly scheduled air carrier operations, skydiving, glider training and operations (motorized and nonmotorized), aerial advertising, crop dusting, all manufacturing, fabricating or assembly operations or ultra -light operations; therefore, these activities are expressly prohibited at the Airpark. 2. this "Agreement" — Shall mean this Lease and Property Operation Agreement. 3. the "Airpark" - Shall mean the Clearwater Airpark, owned by the City and more particularly described in Exhibit "A". 4. the "City" or "Lessor" - Shall mean the City of Clearwater, Florida, and any of the designated officials of the City who are vested with the specific authority to govern the activities of the Airpark. 5. "Airpark Tenant" - Shall mean any entity other than Lessee that holds a lease or other agreement authorized by this Agreement for use of the Premises to conduct Aeronautical Activity or Service. 6. the "Master Plan" - Shall mean the master plan for the Airpark as adopted by Lessor's city council on or about October 5, 2000, as amended on May 20, 2021, and any subsequent amendments thereto approved by Lessor's city council, and the scaled dimensional layout ofthe entire Airpark, indicating current and proposed usage for each identifiable segment as approved by Lessor and the State of Florida attached to this Agreement as Exhibit "C". 7. "Structures" — shall mean above ground buildings, runways, taxiways and other objects permanently affixed to the ground at the Airpark. Article 2 Premises 2.1 Premises. Lessor hereby leases to Lessee and Lessee leases from Lessor, upon all of the conditions set forth herein, that certain real property situated in Pinellas County, Florida, at 1000 N. Hercules Avenue, Clearwater, Florida 33765, commonly known as the Clearwater Airpark and consisting of the real property legally described in Exhibit "A" attached hereto and made a part hereof (hereinafter referred to as the "Premises" or the "Airpark"), together with all improvements thereon and appurtenances thereto. 2.2 Lessor Access to Premises. Lessee acknowledges and understands that Lessor shall continue to have access to the Premises in order to fulfill its obligations under this Agreement, 2 perform any municipal function of government, or exercise any other right it has to access the Premises provided in this Agreement or otherwise by law. Lessor shall continue to have access to all surface and subsurface utilities within the Premises for the construction, repair, maintenance, alteration, replacement, relocation, or removal of such utilities. Furthermore, Lessee understands that Lessor and the public shall continue to use the access road located on the Western side of N. Hercules Ave. for ingress and egress to the Premises as well as to the adjacent municipal compressed natural gas station. Article 3 Term 3.1 Initial Term. Unless terminated earlier pursuant to the terms and conditions of this Agreement, the initial term of this Agreement shall begin on March 1, 2023 and shall continue until February 29, 2028 (the "Initial Term"). 3.2 Renewal Periods. a) Upon the expiration of the Initial Term and provided that Lessee is not then in default, Lessee shall have the unilateral option to renew this Agreement for one (1) five (5) year renewal period (the "First Renewal Period"). Subsequent to the First Renewal Period and upon mutual agreement of the Parties, the Parties shall have the option to extend this Agreement for four (4) additional five (5) year renewal periods (each, a "Subsequent Renewal Period" and collectively, the "Subsequent Renewal Periods"). b) In the event that Lessor does not agree to renew this Agreement for the second renewal period, Lessor agrees to pay to Lessee at the end of the First Renewal Period a sum of 1.5 times the amount Lessee has expended on the design and construction of FDOT Projects as identified in Article 12, Section 12.2. This requirement shall not apply to renewal options not agreed to by Lessor after the second renewal period. c) Lessee shall provide Lessor with written notice of Lessee's intent to renew this Agreement no later than one hundred and twenty (120) days prior to the expiration of the Initial Term or, if renewed previously, one hundred and twenty (120) days prior to the expiration of any of the aforementioned renewal terms ("Notice of Renewal"). In the event Lessee does not agree to renew this Agreement within the notice period, this Agreement shall be subject to termination at the end of the current term at the discretion of Lessor without penalty to Lessor. 3 Article 4 Building Lessor shall provide a building to serve as a general aviation terminal for use by Lessee that contains a reasonable amount of space properly lighted for office space, storage, a public waiting area that includes indoor restroom facilities, and a public use telephone. Upon fifteen (15) days' notice from Lessor, Lessee shall provide meeting space for City employees and officials for meetings on matters arising out of or relating to the Airpark. Article 5 Standard Requirements for Airpark Operation and All Services 5.1 In its operation of the Airpark and providing all of the services or activities specified in this Agreement, Lessee shall operate the Airpark for the use and benefit of the public and meet or exceed the following requirements and standards: a) Lessee shall furnish service and access to the Premises on a fair, reasonable and nondiscriminatory basis to all users of the Airpark. Lessee shall furnish good, prompt, and efficient service adequate to meet all reasonable demands for its services at the Airpark. Lessee shall charge fair, reasonable, and nondiscriminatory prices for each unit of sale or service; provided, however, that Lessee may be allowed to make reasonable and nondiscriminatory discounts, rebates or other similar types of price reductions to volume purchasers. b) Lessee shall select and appoint a full-time manager of its operations at the Airpark. The manager shall be qualified, experienced, and vested with full power and authority to act in the name of Lessee with respect to the method, manner, and conduct of the operation of the fixed -base services. The manager shall be available at the Airpark during regular business hours. During the manager's absence, a duly authorized and adequately trained subordinate shall be in charge and available at the Airpark. Lessee agrees that a duly authorized representative shall attend any City meeting that Lessor deems necessary that involves the operation of the Airpark to answer any questions about the Airpark's operations. c) Lessee shall provide, at its sole expense, qualified and trained employees during hours of operation to provide the services required or authorized by this Agreement. Lessee's employees shall maintain a seven (7) day week schedule to support the Aeronautical Activity and Service as well as other uses authorized by this Agreement consistent with the Airpark's hours of operation. Lessee shall also provide an adequate number of staff to ensure after hours security and serve as a reporting mechanism for unauthorized take offs and landings between the hours of 11:00 p.m. and 7:00 a.m. d) Lessee shall control the conduct, demeanor and appearance of its employees, who shall be trained by Lessee and who shall possess such technical qualifications and hold such certificates of qualification as may be required in carrying out assigned duties. It shall be the responsibility of Lessee to maintain close supervision over its employees. 4 e) Lessee shall meet all expenses and payments in connection with the use of the Premises and the rights and privileges herein granted, including licenses or permits required by law in the normal course of business. Lessee shall pay all taxes and assessments against the Premises leased to Lessee by this Agreement, and against the leasehold and any other property interests under this Agreement. Lessee may, however, at its sole expense and cost, contest any tax, fee or assessment. f) During the term of this Agreement, Lessee shall have the right, at its expense, to place in or on the Premises a sign or signs identifying Lessee. Said sign or signs shall be of a size, shape, design, and at a location or locations approved by Lessor and must comply with all City code requirements. Lessee shall remove, at its expense, all lettering, signs and placards so erected on the Premises at the expiration or termination of this Agreement. g) Lessee shall create and utilize lease forms for the rental of shade hangars, T - hangars, corporate hangars, and tie down rental spaces for airplanes. Hangar and tie down vacancies shall be filled in a fair, impartial, and nondiscriminatory manner in accordance with a policy developed by Lessee which shall be made available to Lessor upon request. h) Lessee shall provide, upon Lessor's written request documentation as to Lessee's technical and financial ability to perform the services of proposed operation at all times during the term of this lease. Such evidence of technical and financial ability shall consist of, but not necessarily be limited to, a statement of financial position certified by an officer of Lessee as to its correctness and reviewed by the City auditor and other licenses, permits or certificates required by law and applicable to Lessee's proposed operation. i) Lessee shall not do business on the Premises in any business name other than the name of the business as it appears in this Agreement or the names "F1yUSA" or "F1yUSA, Inc." without written permission ofLessor. j) Hours of Operation. Except as specifically provided otherwise in Article 13 of this Agreement, aircraft shall be permitted to operate from the Airpark between 7:00 a.m. and 11:00 p.m. for takeoffs and landings. The Airpark shall be closed to takeoffs and landings at all other times except when authorized in writing by the City Manager or designated representative. Takeoffs and landings beginning at 6:00 a.m. for traffic reporting aircraft shall only be with the written permission of the City Manager or designated representative, and such permission is revocable at any time within the City Manager's sole discretion. Emergency "on call" service will be provided during off duty hours by Lessee. k) Lessee shall provide apron servicing of and assistance to aircraft, including itinerant parking, storage, and tie down service for both based and itinerant aircraft upon or within facilities leased to Lessee or aircraft parking areas designated by Lessor. 1) Customary accommodations for the convenience of users, including passenger and pilot lounge areas, information services, telephone service connections to the Flight Service Station and/or the United States Weather Bureau, pilot accessories, appropriate vending machines, and rental car services as may be appropriate shall be provided by Lessee. 5 m) Lessee shall ensure the availability of an adequate number and type of fire extinguishers, and pieces/units of appropriate ground support equipment ("GSE"), to meet airport user requirements and all applicable governmental codes and laws. n) Unicom System and NOTAMS. Lessee shall provide, maintain, and operate an airport UNICOM station providing continuous airport advisory services during the hours set forth in Section 5.1(j), Hours of Operation. By federal law, Lessor shall be the sole holder of the Unicom station license. Lessee shall be responsible for promptly issuing Notice to Airmen ("NOTAMs") and other necessary public information involving the status and operation of the Airpark as well as any condition affecting aeronautical use of the airport. o) Instrument Approach. The Parties hereby agree that Lessee shall be responsible for working with the Federal Aviation Administration ("FAA") to publish an instrument approach at the Airpark (the "Instrument Approach"). If the Instrument Approach is published, Lessor shall be the sole owner of the Instrument Approach in perpetuity. Lessee understands and acknowledges that its efforts to obtain the Instrument Approach shall not grant Lessee any rights to the Instrument Approach and Lessee shall retain no rights in or to the Instrument Approach. p) Notifications. Lessee shall promptly notify the City Manager or designated representative of any dangerous or unsafe conditions, accidents, or other incidents involving damage to property or injury to persons at or connected to the Airpark. q) Lessee agrees to comply with the American Disabilities Act ("ADA") requirements as they pertain to the general aviation terminal. Article 6 Minimum Requirements for Aviation Petroleum and Ramp Services 6.1 In providing any ofthe required services or activities specified herein, Lessee shall operate for the use and benefit of the public and shall meet or exceed the following standards: a) Personnel. Lessee shall employ at least two (2) full-time employees properly trained in aircraft fueling and ramp safety procedures and shall ensure a sufficient number of personnel to provide after-hours security. b) Services. Lessee shall provide aircraft ground guidance within the uncontrolled areas adjacent to the Premises and ramp service, including sale and into plane delivery of aviation fuels, lubricants, and other related aviation products. Lessee shall charge fair, reasonable, and nondiscriminatory prices for each unit of sale or service; provided, however, that Lessee may be allowed to make reasonable and nondiscriminatory discounts, rebates or other similar types of price reductions to volume purchasers. c) Fuel Facilities and Fuel Supply. Lessor shall furnish two (2) leased metered and filter equipped dispensers, for dispensing aviation fuel from storage tanks. The tanks will consist of one (1) 12,000 -gallon tank for dispensing 100 -octane fuel ("Avgas fuel") and one (1) 12,000 -gallon tank for 6 dispensing Jet A fuel. Lessor shall be responsible for any repair and maintenance of the fuel storage tanks. d) Lessee shall ensure the maintenance of pumping equipment in "as is" condition and meeting all applicable safety requirements with reliable metering, filtering and grounding devices subject to independent inspection and with a pumping efficiency capable of servicing aircraft. An adequate supply of 100 octane and Jet A fuel shall be maintained at all times by Lessee and Lessee will secure and maintain an ongoing contract with a fuel supplier to ensure continuous supply of aviation fuel. Lessee shall be responsible for the fuel dispensing equipment on the Premises including repair and maintenance of such equipment regardless of ownership. Article 7 Minimum Requirements for Aircraft Rental 7.1 Should Lessee elect to allow or provide aircraft rental services on the Premises, the service shall be operated for the use and benefit ofthe public and shall meet or exceed the following standards: a) Personnel. Certified Flight instructors sufficient in number to meet service demands with ratings appropriate for aircraft for rent and currently certified by the FAA shall be employed. b) Aircraft. A total of at least one (1) airworthy, properly equipped aircraft and at least one (1) airworthy, properly equipped instrument single-engine aircraft, owned or leased in writing to Lessee or service provider shall be furnished by Lessee or service provider. c) Customer Notification. Lessee or service provider shall post a sign or placard visible to all rental customers giving notification ofinsurance coverage, renter liability, and other legal risks associated with any aircraft rental agreement. Article 8 Minimum Requirements for Aircraft Sales 8.1 Should Lessee elect to allow or provide aircraft sales on the Premises, the service shall be operated for the use and benefit of the public and shall meet or exceed the following standards: a) Personnel. At least one (1) commercial pilot currently certified by the FAA, with ratings appropriate for the types of aircraft to be demonstrated shall be employed. b) Dealerships. It shall be at the discretion of Lessee or service provider: (1) whether to be an authorized factory dealer; or (2) what manufacturer Lessee or service provider chooses to represent. All aircraft dealers shall hold a dealership license or permit. 7 Article 9 Minimum Requirements for Air Taxi Operations 9.1 Should Lessee elect to allow or provide air taxi or commuter air operations on the Premises, the entity providing such services must be certified by the FAA under Federal Aviation Regulation Part 135 and Part 121 and registered with the Civil Aeronautics Board under the Economic Regulations of Part 298, and meet the following minimum standards: a) Personnel. A sufficient number of commercial and/or airline transport pilot(s) certified by the FAA to conduct the air taxi shall be employed to meet service demands. b) Aircraft. A minimum of one (1) airworthy, instrument aircraft is required. Beyond this minimum requirement, it shall be left to the discretion of Lessee or service provider to provide the type, category, class, size and number of aircraft to meet the scope and magnitude of the service performed. All aircraft will be owned or leased in writing to Lessee or service provider, will be airworthy, and meet all requirements of the certificate held. Such aircraft shall be under the full operational control of Lessee or service provider. Article 10 Default and Termination 10.1 Termination by Lessee. This Agreement shall be subject to termination by Lessee at its option in the event of any one or more ofthe following events: a) The material default by Lessor in the performance of any of the terms, covenants or conditions of this Agreement, and in the failure of Lessor to remedy, or undertake to remedy, to Lessee's satisfaction, such default for a period of thirty (30) days after receipt of written notice from Lessee to remedy the same. In the event the Lessor has commenced to cure the material default, but it is of such nature that it cannot be completely cured within thirty (30) days, then Lessor shall have such reasonable additional time as is necessary to cure the material default; b) The abandonment by Lessor of the Airpark as an airport or airfield; c) Complete destruction of all or a substantial portion of the Airpark pursuant to Article 17, Section 17.5 and not repaired within three hundred and sixty-five (365) days; or d) The lawful assumption by the United States, State of Florida, or any authorized agency thereof, of the operation, control, or use ofthe Airpark, or any substantial part or parts thereof, in such a manner as to restrict substantially Lessee from conducting business operations for a period in excess of forty-five (45) days. 10.2 Termination by Lessor. This Agreement shall be subject to termination by Lessor at its option in the event of any one or more ofthe following events: 8 a) The material default by Lessee in the performance of any of the terms, covenants or conditions of this Agreement, and in the failure of Lessee to remedy, or undertake to remedy, to Lessor's satisfaction, such default for a period of thirty (30) days after receipt of written notice from Lessor to remedy the same. In the event the Lessee has commenced to cure the material default, but it is of such nature that it cannot be completely cured within thirty (30) days, then Lessee shall have such reasonable additional time as is necessary to cure the material default; b) Lessee files a voluntary petition in bankruptcy, including a reorganization plan, makes a general or other assignment for the benefit of creditors, is adjudicated as bankrupt or if a receiver is appointed for the property or affairs of Lessee and such receivership is not vacated within thirty (30) days after the appointment of such receiver. Such an event shall be considered a material default; c) Lessor determines that a municipal need exists for all or part of the Premises consistent with Lessor's Charter; or d) Lessee has violated the terms ofthis Agreement by a documented consistent pattern of conduct detrimental to the operation of the Airpark. 10.3 Exercise. Exercise of the rights of termination set forth in Sections 10.1 and 10.2, above, shall be by thirty (30) days' written notice to the other party. Forbearance of timely notice shall not be deemed a waiver ofany breach. 10.4 Surrender; Effect of Termination. Upon termination of this Agreement, Lessee shall promptly vacate and surrender to Lessor the Airpark and any Lessor assets contained therein. In any event, such surrender shall be complete on the later of ninety (90) days after receipt of written notice of the intent to terminate or thirty (30) days following effective date of termination. Upon termination of this Agreement for any reason, Lessee, at its sole expense, shall remove from the Premises all signs, trade fixtures, furnishings, personal property, equipment and materials which Lessee was permitted to install or maintain under the rights granted herein and make any repairs to the Premises necessitated by such removal. If Lessee shall fail to do so within the aforementioned time period, Lessor may affect such removal or restoration at Lessee's expense, and Lessee agrees to pay Lessor such expense promptly upon receipt of a proper invoice therefore. 10.5 Additional Remedies for Material Default. If a material default shall remain uncured thirty (30) days after written notice thereof to the defaulting party, then, in addition to the right of termination, the non -defaulting party may pursue any and all legal or equitable remedies to which the non -defaulting party is entitled, including an action for declaratory or injunctive relief. In the event the defaulting party has commenced to cure the material default, but it is of such nature that it cannot be completely cured within thirty (30) days, then defaulting party shall have such reasonable additional time as is necessary to cure the material default. 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. 9 10.6 Anticipatory Repudiation. Whenever Lessor in good faith has reason to question Lessee's intent or ability to perform, Lessor may demand that Lessee give a written assurance of Lessee's intent and ability to perform. In the event that the demand is made and no written assurance is given within fifteen (15) calendar days, Lessor may treat this failure as an anticipatory repudiation of the Agreement and Lessor shall be entitled to terminate this Agreement as provided in Section 10.3. 10.7 Waiver. The waiver of any breach, violation or default in or with respect to the performance or observance of the covenants and conditions contained herein shall not be taken to constitute a waiver of any such subsequent breach, violation or default in or with respect to the same or any other covenant or condition hereof. Article 11 Rent and Other Expenses 11.1 Rent. Rent shall be due in monthly installments (the "Monthly Rent"). For the Initial Term and the First Renewal Period, the Monthly Rent shall be in the amount of twenty thousand dollars ($20,000.00). The Monthly Rent shall increase annually by the higher of 3% or the increase in the CPI -U, based on the twelve (12) month period ending two (2) months prior to the effective date of the increase. Additionally, beginning in the second renewal term, the Monthly Rent shall experience a one-time increase of twenty-five thousand dollars ($25,000.00) per month. Lessee agrees to pay the pro rata share of any partial year during the beginning or end of this Agreement. The Monthly Rent shall be due on or before the first day of each calendar month for that calendar month's rent payment. Lessee agrees to pay Lessor's sales tax on all rent payments. Lessor shall invoice Lessee for the Monthly Rent via U.S. Mail with invoices deemed "received" five (5) calendar days after mailing or through such other means mutually agreed upon by the Parties in writing. 11.2 Deferred Rent Increase. Notwithstanding Section 11.1, for each twenty-five thousand dollars ($25,000.00) that Lessee reimburses Lessor in excess of two million four hundred thousand dollars ($2,400,000.00) (the "Monetary Threshold") towards FDOT Projects (as identified in Article 12, Section 12.2), there will be a one (1) month delay in commencement of the twenty-five thousand dollar ($25,000.00) per month rent increase scheduled to become due during the second renewal term of this Agreement. Should Lessee's reimbursement costs exceed the Monetary Threshold after the second renewal term has begun, the twenty-five thousand dollar 25,000.00) rent increase shall be suspended beginning the next calendar month for a period of one (1) month per every twenty-five thousand dollars ($25,000.00) reimbursed to Lessor over the Monetary Threshold. In any event, Lessee shall remain responsible for reimbursing all of Lessor's costs for the aforementioned FDOT Projects. Nothing in this section obligates Lessor to construct any of the FDOT Projects outlined in Article 12, Section 12.2. Such obligations solely arise under Article 12. 11.3 Delinquency Charge. A rent or fee payment shall be delinquent if not paid on or before the tenth (106) day following the due date and shall accrue interest at the maximum amount allowable by law until paid. Furthermore, a delinquent rent or fee payment shall be considered a material default under this Agreement. 10 11.4 Place of Payment. All payments due Lessor from Lessee shall be delivered to the Marine & Aviation Department, City of Clearwater, 25 Causeway Boulevard, Clearwater, Florida 33767. 11.5 Records and Right to Audit. Lessee agrees to keep all books, accounts, records, and other documents covering all transactions relating to this Agreement in accordance with generally accepted accounting principles for a period of five (5) years and for such additional reasonable period as Lessor may request. Lessor shall have the right to examine such books, accounts, and records and all other documents and material in Lessee' s possession or under its control, with respect to gross sales, tenant fees, sub -lease proceeds, and associated Airpark expenses in accordance with the terms of this Agreement and shall have a reasonable amount of freedom and access thereto for such purposes and for the purpose ofmaking copies and/or abstracts therefrom. Lessor reserves the right to conduct or cause to be conducted an independent audit of any financial transaction under this Agreement, such audit may be performed by the City's audit staff, a certified public accountant firm, or other auditors designated by Lessor and will be conducted in accordance with applicable professional standards and practices. 11.6 The acceptance by Lessor of any statement by Lessee, or of any payment, shall not be deemed a waiver of the right of Lessor to claim additional payment after a review and inspection of Lessee's books and records nor shall such acceptance constitute a waiver by Lessee of any claim for a refund from Lessor for any overpayment. 11.7 Associated and Capital Expenses. Lessee shall pay all of Lessor's non -capital expenses associated with the Premises, to include all utilities payments, grounds maintenance, minor repairs and maintenance to the Airpark, security, taxes, assessments, and all other operating expenses which are necessary to properly operate the Premises ("Associated Expenses"). Lessor shall be responsible for payment of all capital expenses ("Capital Expenses"). For purposes of this Agreement, Capital Expenses shall mean those expenses for major repair or replacement of Structures or other utilities located on the Premises, or to the real estate upon which the Structures or utilities are located. Additionally, Capital Expenses shall also mean those expenses for the repair or replacement of any City -owned equipment and vehicles that are not considered fixtures including vehicles and trailers, but specifically excluding fuel pumping equipment, the City -owned tractor, and any lawn mowing equipment. Article 12 FDOT Capital Improvement Projects 12.1 FDOT Funding. Lessor agrees in good faith to pursue FDOT funding for certain capital improvement projects that repair, redevelop, and revitalize the Airpark as outlined in Section 12.2. In consideration for this task, Lessee shall fully reimburse Lessor as provided in this Section 12.1 (a) -(c). The Parties agree that the projects described in Section 12.2 will encompass all of the FDOT capital improvement projects (the "FDOT Projects" or each an "FDOT Project") 11 contemplated under this Agreement. The Parties shall work together in good faith to prioritize and select the projects to submit to FDOT for matching funding. Lessor will continue to fund all other capital improvement projects not specified as FDOT Projects under Section 12.2, and such projects shall be selected at the discretion of Lessor. a) Eighty Percent (80%) Funding. If FDOT determines that any portion of an FDOT Project qualifies for matching funds to cover eighty percent (80%) of the local share of general aviation airport project costs, the City shall cover the remaining twenty percent 20%) of funding upfront and Lessee shall be responsible for fully reimbursing the City for the City's match plus any cost overages exceeding the total FDOT Project grant amount. b) Fifty Percent (50%) Funding (Airpark Terminal). If FDOT determines that the redevelopment of the Airpark terminal and associated parking lot (the "Terminal Project") or any portion thereof qualifies for matching funds to cover only up to fifty percent (50%) of the costs to design and construct the Terminal Project, Lessor agrees to cover the Lessor's portion of the fifty percent (50%) funding requirement using City funds in an amount not to exceed seven hundred and fifty thousand dollars 750,000.00) total without expectation ofreimbursement by Lessee. Should the funds necessary to satisfy the Lessor's match contribution for the Terminal Project exceed seven hundred and fifty thousand dollars ($750,000.00), Lessor shall cover the additional funds necessary to meet the funding requirement upfront and Lessee shall be responsible for reimbursing the City for these additional funds contributed towards the match and any cost overages exceeding the total Terminal Project FDOT grant amount. c) Fifty Percent Funding for Other Airpark Projects. If FDOT determines that any other FDOT Project, or any portion thereof, only qualifies for matching funds to cover up to fifty percent (50%) of the FDOT Project, Lessor and Lessee shall work in good faith to reasonably determine whether or not to move forward with the FDOT Project and how to allocate each party's contribution. 12.2 Schedule of FDOT Projects. The Parties agree that the FDOT Projects shall be developed in the chronological order described in this Section 12.2. The below prioritization of FDOT Projects shall not prohibit the Parties from commencing work on a subsequent FDOT Project before a previous FDOT Project has been completed so long as the previous FDOT Project has commenced development. For purposes of this Agreement, "commenced development" shall mean that applications for an FDOT Project have been submitted in good faith for development approvals or building permits to the City of Clearwater. The Parties further agree that should any other FDOT capital improvement project not listed below become necessary to address serious or immediate health and safety concerns at the Airpark, such a project may, at the discretion of Lessor, take priority over any FDOT Project. 12 1) 2023-24 goal: Design and construction of the new airpark terminal building and associated parking lot; 2) 2024-25 goal: Design and construction of new corporate hangars; and 3) 2025-26 goal: Design and construction of two additional rows of T -hangars and a corporate hangar. 12.3 Selection of Design and Construction Professionals. The Parties agree that the selection of the design and construction professionals for the FDOT Projects will be handled in accordance with the City's procurement ordinances, policies, and procedures. Such professionals shall include but not be limited to architects, landscape architects, engineers, surveyors, construction managers, design firms, and construction management companies. The committee for the selection of such professionals shall contain five (5) members with four (4) members selected by Lessor and one (1) member selected by Lessee. 12.4 Scope of FDOT Projects. The Parties agree that the designs, scale, scope, costs, and FDOT grant requests for the FDOT Projects shall be mutually agreed to by the Parties with the assistance of the design and construction professionals selected via the City's procurement processes. In the event the Parties are unable to mutually agree to the design, scale, scope, cost, or FDOT grant request for any FDOT Project, the FDOT Project in question shall not be pursued further by the Parties and Lessee shall continue to manage the Airpark for the remainder of the current lease term excepting those circumstances that warrant early termination as specified under Article 10. 12.5 Letter of Available Funding. As a condition precedent to the hiring of any design or construction professionals as referenced in Section 12.3 for an FDOT Project, Lessee shall provide Lessor with an official letter from an accredited banking institution indicating Lessee has sufficient funds to cover Lessee's reimbursement obligations for Lessor's grant match for the FDOT Project. 12.6 Master Plan. The Parties understand that amendments or revisions to the Master Plan may be necessary to permit the development of one or all of the FDOT Projects. In the event such amendments or revisions are necessary, Lessor agrees to cover the costs of such amendments or revisions. 12.7 FDOT Project Reimbursement. a) Lessor shall invoice Lessee in arrears on a quarterly basis via U.S. Mail or through such other means mutually agreed upon by the Parties in writing for those funds owed to Lessor and expended on design and construction of the FDOT Projects. 13 b) Invoices for Lessee's share of the design costs expended on an FDOT Project shall become due and payable to Lessor during the next quarter and every subsequent quarter following the creation of the initial project design of an FDOT Project. For purposes of this section, design costs shall mean those costs expended on preparing the design and development plans for an FDOT Project as well as costs expended on obtaining development approvals, building permits, and any other necessary government approvals or permits. For purposes of this Agreement, the initial project design is the design professional's first attempt at designing the FDOT Project with the input received from the Parties and is created before the FDOT Project is submitted to any government agency for development approvals, building permits, or other necessary government approvals or permits. c) Invoices for Lessee's share of the construction costs expended on an FDOT Project shall become due and payable to Lessor during the next quarter and every subsequent quarter after an FDOT Project has commenced construction. For purposes of this Agreement, construction costs shall mean those costs expended on the preparation for and actual construction of an FDOT Project. For purposes of this Agreement, "commenced construction" shall mean that all preconstruction engineering and design work has been completed, all necessary licenses, permits and local and national environmental clearances have been received, all contractors have been engaged and ordered all essential equipment and supplies as, in each case, can reasonably be considered necessary so that physical construction of the eligible FDOT Project may begin and proceed to completion without foreseeable interruption of material duration, and physical construction (including, at a minimum, excavation for foundations or the installation or erection of improvements) at the primary site of the eligible project has begun. d) For purposes of this section, an invoice shall be considered "received" five calendar 5) days after mailing. Invoices not paid on or before the tenth (10) day following the due date shall be considered delinquent and shall accrue interest at the maximum amount allowable by law until paid. Furthermore, a delinquent invoice shall be considered a material default under this Agreement. e) In the event Lessee elects to not agree to renew this Agreement pursuant to Article 3 before all Renewal Periods have been exercised, Lessee shall remain responsible for its reimbursement obligations to the City as provided in this Article 12 for FDOT Projects as follows: 1. Lessee shall remain responsible for its reimbursement obligations for design costs for an FDOT Project where the initial project design for an FDOT Project was created during the current or a previous lease term. 14 2. Lessee shall remain responsible for its reimbursement obligations for construction costs for an FDOT Project where construction has commenced during the current or a previous lease term. 12.8 Place of Payment. All payments due Lessor from Lessee for FDOT Project reimbursement costs and expenses shall be delivered to the Marine & Aviation Department, City of Clearwater, 25 Causeway Boulevard, Clearwater, Florida 33767. 12.9 Inability to Obtain FDOT Project Funding. In the event that through no fault of Lessor and Lessee, the Parties are unable to obtain any portion of the funds requested from FDOT to design or construct any of the FDOT Projects specified in Section 12.2, the Parties shall decide whether or not a particular FDOT Project shall move forward and on what terms. Regardless, Lessee agrees to continue to manage the Airpark for the remainder of the current lease term excepting those circumstances that warrant early termination as specified under Article 10. Article 13 Use 13.1 Use. The Premises shall be used and occupied only for use as an airpark and for aviation -related purposes. Use as an airpark and other aviation -related purposes shall include, but not be limited to Aeronautical Activity or Service, takeoff and landing of aircraft, restaurant, retail, office space, and any other activities which may be considered necessary to the operation of the Airpark but not expressly prohibited under the definition of "Aeronautical Activity or Service" in Article 1. Lessee shall be entitled, in common with others so authorized, to the use for their intended purposes of all facilities and improvements of a public nature which now are or may hereafter be connected with or appurtenant to the Airpark, including the use of landing areas, runways, taxiways, navigational aids, terminal facilities and aircraft parking areas designated by Lessor. 13.2 Air Taxi Service Use. If in the future Lessee has the opportunity to provide air taxi services to locations within the City with Electric Vertical Take -Off Landing Vehicles EVTOLs") or other appropriate aircraft based at the Airpark, such a use shall be allowed under this Agreement. 13.3 Flight School Use. a) In consideration of the restrictions agreed to in this Article 13, Lessee shall in good faith, put forth its best commercially reasonable efforts to enter into a long-term agreement with a flight instruction school during the Initial Term to ensure that flight training is available at the Airpark. Further, Lessee shall continue to put forth its best commercially reasonable efforts to maintain a flight school at the Airpark for so long as Lessee continues leasing the Premises. 15 b) Lessee shall ensure that the flight school employs certified flight instructors sufficient in number to meet service demands and currently certified by the Federal Aviation Administration, with appropriate ratings to provide ground instruction, private, commercial, and instrument flight training. c) Lessee shall ensure that the flight school provides at least one (1) airworthy, properly equipped instrument single-engine aircraft, owned or leased in writing to Lessee or the flight school. d) Lessee shall ensue that the posting ofa sign or placard visible to all renter pilots giving notification of insurance coverage, student pilot liability, and other legal risks associated with any aircraft rental agreement. e) Flight school training for airplanes shall be permitted Monday through Saturday from 7:00 a.m. to 11:00 p.m. and on Sundays from 11:00 a.m. to 11:00 p.m. with the condition that flight pattern training shall cease thirty (30) minutes after sundown on all days. Flight school training for helicopters shall be permitted Monday through Friday from 7:00 a.m. until 6:00 p.m. and on Saturdays and Sundays from 12:00 p.m. to 6:00 p.m. The flight school may reposition helicopters to or from other airports after 6:00 p.m. two (2) times per week. Flight school training shall not be permitted on the following holidays: Thanksgiving, Christmas Day, Easter, Fourth of July. In addition to the aforementioned holidays, helicopter training shall also not be permitted on the following holidays: Martin Luther King Day, Labor Day, Veterans Day, Memorial Day. 13.4 Limitation on Intensity of Flight School Activity. Lessee shall use its best efforts to implement methods to reduce impacts of the flight school on surrounding neighborhoods. Furthermore, Lessee agrees to reduce helicopter flight training activity by fifty percent (50%) over the Initial Term of this Agreement. The amount of helicopter flight training activity calculated as of year-end December 31, 2022, shall be used as the baseline for the reduced activity requirement for helicopter flight training. These methods of reducing intensity will likely include, but not be limited to: a) Reducing the number of flight school -owned airplanes and helicopters that are based at the Airpark full-time; b) Placing restrictions on the flight school's helicopter traffic -pattern work and frequency of helicopter training flights; and c) adjusting flight patterns for practicing aircrafts to alleviate effects on nearby neighborhoods. 16 As a part of the annual report to be provided by Lessee to Lessor, Lessee shall produce a report demonstrating the effectiveness of the methods for the reduction in intensity of flight school activity. 13.5 Aircraft Repair and Maintenance Services Use. a) Lessee shall in good faith, put forth its best commercially reasonable efforts to enter into a long-term agreement with a qualified aircraft repair and maintenance service company during the Initial Term to ensure that aircraft repair maintenance services are available at the Airpark. Further, Lessee shall continue to put forth its best commercially reasonable efforts to maintain an aircraft repair and maintenance service company at the Airpark for so long as Lessee continues leasing the Premises. b) Lessee shall ensure that the aircraft repair and maintenance service company employs mechanics certified by the FAA sufficient in number to meet service demands of the Airpark. 13.6 Compliance with Law, Restrictions, and Master Plan. The Parties shall work together at Lessee's expense, to execute and comply with all applicable statutes, ordinances, rules, orders, regulations, policies, and requirements of the federal, state, county and city governments having jurisdiction over the Premises, and all of their departments and bureaus, applicable to the Premises, as well as all applicable covenants and restrictions of records, which regulate the of the Premises. Lessee shall also comply with any applicable standards set forth in the Master Plan, which may be amended from time to time. Lessee shall keep in effect and post in a prominent place all necessary or required licenses or permits. 13.7 Approval and Enforcement of Leases, Contracts and Other Agreements. It is expressly understood and agreed that, in providing required or optional services pursuant to this Agreement, Lessee shall select all vendors, suppliers or other users of the Airpark. However, Lessor shall have the right to review and approve all contracts, leases, subleases or other agreements with the exception of tie -down and hangar leases which shall not be subject to Lessor's review and approval. Lessor shall have fifteen (15) days to review and approve such agreements upon receipt from Lessor. If Lessor fails to approve or deny such agreements within this allotted time, such agreements shall be deemed approved. Lessee's failure to provide Lessor with the opportunity to review and approve such agreements shall, at the option of Lessor, be a material default under this Agreement. Lessee shall be responsible for the enforcement of the provisions contained in hangar leases, tie down leases, vendor and supplier agreements, and all other agreements and shall take action to correct any violation within a reasonable amount of time. All leases and other agreements for use ofthe Premises shall be based on fair market value in relation to the Tampa Bay Region. 13.8 Accommodation of Active Tenants. As the Parties work together to redevelop the Airpark to a newer, modern facility that will improve the use of the Premises, some of the current 17 aircraft storage options may no longer be available. In the event that an active tenant renting space for aircraft storage is displaced because of the redevelopment of the Airpark, that tenant shall be given a right of first refusal for space that becomes available within the Airpark. For example—if an active tenant previously occupied a shade hangar ("Shade Hangar Tenant") and shade hangars are no longer available upon the redevelopment of the Airpark, said Shade Hangar Tenant will be given the first right to take over any available hangar space and if hangar space is unavailable, Shade Hangar Tenant will be given the option to lease a tie -down space. In no event shall an active tenant be displaced with no option for space upon the redevelopment of the Airpark. For purposes of this Section 13.8, an "active tenant" shall be defined as a tenant leasing space for storage of aircraft at the Airpark who had an active lease with Clearwater Airpark, Inc. as of February 28, 2023, and has an aircraft which performs at least one (1) takeoff and one (1) landing each month. 13.9 Accommodation of Civil Air Patrol. Lessee agrees to use commercially reasonable efforts to continue to provide space to the Civil Air Patrol at no cost so that they may continue to operate at the Airpark. Article 14 Indemnification 14.1 Indemnification by Lessee. a) Lessee agrees to assume all risks of the Premises and all liability therefore, and shall defend, indemnify, and hold harmless Lessor, its officers, agents and employees from and against any and all loss, liability, and damages ofwhatever nature, to persons and property, including, without limiting the generality of the foregoing, death of any person and loss of the use of any property. 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 Premises or Lessee's operations or those of any approved or unapproved tenant, subtenant, licensee, invitee, contractor, subcontractor or other person approved, authorized, or permitted by Lessee in or about the Premises, including losses, liability, and claims related to air and noise pollution, or any other operations pursuant hereto, whether or not based on negligence. Lessee shall defend all such claims, demands, and suits, whether groundless or not, at Lessee's own cost and expense. Further, Lessee does hereby covenant and agree to indemnify, hold harmless, and defend Lessor, its officers, agents, and employees, from and against any and all loss, liability and damages arising out of or in any manner related to any breach by Lessee, its agents, employees, invitees, licensees, contractors, subcontractors, tenants, or subtenants, whether approved or unapproved, of any of the terms, conditions, or other provisions of this Agreement, and name the City as additional insured with respect to all coverage's except workers' compensation. b) Lessee agrees to defend, indemnify, and hold harmless Lessor, its officers, agents, and employee from and against any and all claims or liability for compensation under any Workers' Compensation statute or law arising out of injuries sustained by any employee of Lessee or any licensee, contractor, subcontractor, tenant, or subtenant of Lessee. 18 c) Lessee agrees to indemnify Lessor from and to assume all liability for, and to pay all taxes and assessments ofevery kind, including taxes imposed or which may be imposed by Pinellas County and Lessor, which by law may be levied or assessed on the Premises occupied by Lessee pursuant to this Agreement, or which arise out of the operations of Lessee, or by reason of occupancy by Lessee or any of Lessee's agents, licensees, invitees, contractors, subcontractors, tenants, or subtenants, whether or not approved by Lessor. Lessee shall be responsible for obtaining bills for all of said taxes and assessments directly from the taxing or assessing authority, and shall promptly deliver to Lessor copies of receipts of payment. d) Lessee's obligations to defend, indemnify, and hold harmless, as set forth in this article, shall include any and all attorneys' fees and investigative expenses, incurred by Lessor in the defense and handling of said suits, claims, damages, and the like, and in enforcing and obtaining compliance with the provisions of this article. 14.2 Survival; Limitations. The indemnity obligations of the Parties hereunder shall survive the expiration or termination of this Agreement. Other than lost profits of Lessee, neither party shall be liable or responsible for any indirect, incidental, consequential, punitive or special damages, whether based upon breach of contract or warranty, negligence, strict tort liability or otherwise, and each party's liability for damages or losses hereunder shall be strictly limited to direct damages that are actually incurred by the party. 14.3 Sovereign Immunity. Except to the extent sovereign immunity may be deemed to be waived by entering into this Agreement, nothing herein is intended to serve as a waiver of sovereign immunity by Lessor nor shall anything included herein be construed as consent by Lessor to be sued by third parties in any matter arising out of this Agreement. Lessor is a political subdivision as defined in Section 768.28, Florida Statutes, and shall be responsible for the negligent or wrongful acts or omissions of its employees pursuant to Section 768.28, Florida Statutes. Article 15 Insurance 15.1 Lessor Insurance Requirements. Lessor shall be required to maintain, at its cost, property insurance covering loss or damage to the Airpark and all of Lessor personal property located therein, including Lessor assets, in an amount not less than the full replacement value thereof, providing protection against all perils included within the classification of fire, extended coverage, vandalism, malicious mischief, flood (in the event the Premises is in a flood zone) special extended perils ("all risk", as such term is used in the insurance industry). In addition, Lessor shall obtain and maintain, at its cost, commercial general liability insurance in an amount at least equal to that of Lessee. 15.2 Lessee General Insurance Requirements. Lessee shall be required to maintain, at its cost, the following policies of insurance with the following limits, maintained with a carrier having an AM Best Rating of A -VII or better, with coverage on an occurrence basis or, if 19 unavailable, on a claims -made basis with a minimum three (3) year tail following termination or expiration of this Agreement, and naming Lessor as an additional insured and the loss payee on the policies. Copies ofthe insurance policies shall be provided to Lessor within thirty (30) days of the commencement of the Initial Term and annually thereafter. The insurance limits set forth below may be achieved by a combination of primary and umbrella/excess liability policies. Such policies shall be primary and non-contributory for Lessee's negligence. a) Commercial General Liability Insurance or equivalent Aviation 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 five million dollars and 00/100 ($5,000,000) per occurrence and five million dollars and 00/100 ($5,000,000) general aggregate. b) Commercial Automobile Liability Insurance coverage for any owned, non - owned, hired or borrowed automobile is required in the minimum amount of one million dollars and 00/100 ($1,000,000) combined single limit. c) Commercial Aircraft Liability Insurance coverage for any owned, non -owned, hired or borrowed aircraft is required in the minimum amount of one million dollars and 00/100 1,000,000) combined single limit. d) Professional Liability/Malpractice/Errors or Omissions Insurance coverage appropriate for the type of business engaged in by the Respondent with minimum limits of two million dollars and 00/100 ($2,000,000) per occurrence. If a claims -made form of coverage is provided, the retroactive date of coverage shall be no later than the inception date ofclaims -made coverage, unless the prior policy was extended indefinitely to cover prior acts. Coverage shall be extended beyond the policy year either by a supplemental extended reporting period (SERP) of as great a duration as available, and with no less coverage and with reinstated aggregate limits, or by requiring that any new policy provide a retroactive date no later than the inception date of claims made coverage. e) Crime and Employee Dishonesty Insurance coverage must include fidelity insurance for reimbursement to an employer for these types of losses. Third -party fidelity coverage is also required to cover the acts of an employee against an employer's clients. Lessee will provide coverage using ISO form CR 00 01 Employee Dishonesty Coverage Form or its equivalent and shall include ISO endorsement CR 04 01 Clients' Property or its equivalent and ISO endorsement CR 20 14 Loss Payable or its equivalent. f) Workers' Compensation Insurance and Employer's Liability Insurance with Workers' Compensation limits in statutory amount, unless waived by the State of Florida and proof of waiver is provided to the City, and Employer's Liability Insurance in the minimum amount of five hundred thousand dollars and 00/100 ($500,000) each employee each accident, five hundred thousand dollars and 00/100 ($500,000) each employee by disease, and five hundred thousand dollars and 00/100 ($500,000) disease policy limit. Coverage must be applicable to employees, contractors, subcontractors, and volunteers, if any. g) Hangar Keeper's Liability to include property damage for all non -owned aircraft under the care, custody or control of the operator in an amount not less than one million dollars ($1,000,000) each aircraft and one million dollars ($1,000,000) each occurrence. 20 15.3 Insurance for Specific Activities. Lessee shall maintain limits and types of insurance coverage as provided in this Agreement. The minimum limits and types of insurance that Lessee shall maintain in general are set forth in Section 15.2. Additionally, the limits and types of insurance coverage for specific activities of Lessee or service providers at the Airpark are set forth in this article and Lessee or service providers are required to maintain that coverage if those specific activities are engaged in by Lessee or service providers. Lessee shall not be required to obtain a separate policy for a specific activity that is already covered by the terms of the general insurance coverage. If the specific activity engaged in by Lessee is insured by the provisions of its general coverage provided pursuant to the requirements of this Article, then the insurance requirements for that activity will be deemed satisfied and no additional insurance policy or endorsement to a policy shall be required of Lessee. 15.4 Fueling Insurance Requirements. Lessee shall obtain at its expense, and continuously maintain in effect at all times during the term of this Agreement, insurance for Fixed Base Operator (Fueling) and/or Self -Fueling Operator to include broad form contractual liability and the following coverage: a) Fixed Base Operator (Fueling) i. General Liability to include bodily injury, personal injury and property damage for all premises, unlicensed vehicles, and contractual liability in an amount not less than $5,000,000, Combined Single Limit Per Occurrence, or equivalent. ii. Vehicular Liability to include bodily injury and property damage for all licensed vehicles owned, non -owned, or hired in an amount not less than 1,000,000, Combined Single Limit per Occurrence. iii. Hangar Keeper's Liability to include property damage for all non -owned aircraft under the care, custody or control of the operator in an amount not less than $1,000,000 Each Aircraft and $1,000,000 Each Occurrence. iv. Environmental Impairment to include pollution Legal Liability and Remediation Legal Liability in an amount not less than $1,000,000, Combined Single Limit per Occurrence. v. Workers' Compensation as required by the State of Florida. vi. Fire and Extended Coverage to be maintained in an amount not less than the full replacement value (FRV) of airport facilities on leasehold premises. Products and Completed Operations in an amount not less than $1,000,000, Combined Single Limit per Occurrence. b) Self -Fueling Operator (Fueling) i. General Liability to include bodily injury, personal injury and property damage for all premises, unlicensed vehicles, and contractual liability in an amount not less than $5,000,000, Combined Single Limit Per Occurrence, or equivalent. ii. Vehicular Liability to include bodily injury and property damage for all licensed vehicles owned, non -owned, or hired in an amount not less than 1,000,000, Combined Single Limit per Occurrence. 21 15.5 their expense, insurance for coverage: 15.6 their expense, insurance for coverage: iii. Environmental Impairment to include pollution Legal Liability and Remediation Legal Liability in an amount not less than $1,000,000, Combined Single Limit per Occurrence. iv. Workers' Compensation as required by the State of Florida. v. Fire and Extended Coverage to be maintained in an amount not less than the full replacement value (FRV) of airport facilities on leasehold premises. vi. Products and Completed Operations in an amount not less than $1,000,000, Combined Single Limit per Occurrence. Flight Training Insurance Requirements. Lessee or service provider shall obtain at and continuously maintain in effect at all times during the term of this Agreement, Flight Training to include broad form contractual liability and the following a) Flight Training i. General Liability to include bodily injury, personal injury and property damage for all premises, unlicensed vehicles, and contractual liability in an amount not less than $5,000,000, Combined Single Limit Per Occurrence, or equivalent. ii. Vehicular Liability to include bodily injury and property damage for all licensed vehicles owned, non -owned, or hired in an amount not less than 1,000,000, Combined Single Limit per Occurrence. iii. Aircraft and Passenger Liability to include bodily injury, property damage, and passenger injury, with a minimum of $1,000,000 per passenger, for all owned or operated aircraft. iv. Workers' Compensation as required by the State of Florida. v. Fire and Extended Coverage to be maintained in an amount not less than the full replacement value ("FRV") of airport facilities on leasehold premises. Aircraft Rental Insurance Requirements. Lessee or service provider shall obtain at and continuously maintain in effect at all times during the term of this Agreement, Aircraft Rental to include broad form contractual liability and the following a) Aircraft Rental i. General Liability to include bodily injury, personal injury and property damage for all premises, unlicensed vehicles, and contractual liability in an amount not less than $5,000,000, Combined Single Limit Per Occurrence, or equivalent. ii. Vehicular Liability to include bodily injury and property damage for all licensed vehicles owned, non -owned, or hired in an amount not less than 1,000,000, Combined Single Limit per Occurrence. iii. Aircraft and Passenger Liability to include bodily injury, property damage, and passenger injury, with a minimum of $1,000,000 per passenger, for all owned or operated aircraft. 22 iv. Workers' Compensation as required by the State of Florida. v. Fire and Extended Coverage to be maintained in an amount not less than the full replacement value (FRV) of airport facilities on leasehold premises. 15.7 Aircraft Sales Insurance Requirements. Lessee or service provider shall obtain at their expense, and continuously maintain in effect at all times during the term of this Agreement, insurance for Aircraft Sales to include broad form contractual liability and the following coverage: Aircraft Sales i. General Liability to include bodily injury, personal injury and property damage for all premises, unlicensed vehicles, and contractual liability in an amount not less than $5,000,000, Combined Single Limit Per Occurrence, or equivalent. ii. Vehicular Liability to include bodily injury and property damage for all licensed vehicles owned, non -owned, or hired in an amount not less than 1,000,000, Combined Single Limit per Occurrence. iii. Hangar Keeper's Liability to include property damage for all non -owned aircraft under the care, custody or control of the operator in an amount not less than $1,000,000 Each Aircraft and $1,000,000 Each Occurrence. iv. Aircraft and Passenger Liability to include bodily injury, property damage, and passenger injury, with a minimum of $1,000,000 per passenger, for all owned or operated aircraft. v. Workers' Compensation as required by the State of Florida. vi. Fire and Extended Coverage to be maintained in an amount not less than the full replacement value (FRV) of airport facilities on leasehold premises. vii. Products and Completed Operations in an amount not less than $1,000,000, Combined Single Limit per Occurrence. 15.8 Aircraft Repair and Maintenance Requirements. Lessee or service provider shall obtain at their expense, and continuously maintain in effect at all times during the term of this Agreement, insurance for Aircraft Repair and Maintenance Services to include broad form contractual liability and the following coverage: a) Aircraft Repair and Maintenance Services i. General Liability to include bodily injury, personal injury and property damage for all premises, unlicensed vehicles, and contractual liability in an amount not less than $5,000,000, Combined Single Limit Per Occurrence, or equivalent. ii. Vehicular Liability to include bodily injury and property damage for all licensed vehicles owned, non -owned, or hired in an amount not less than 1,000,000, Combined Single Limit per Occurrence. iii. Hangar Keeper's Liability to include property damage for all non -owned aircraft under the care, custody or control of the operator in an amount not less than $1,000,000 Each Aircraft and $1,000,000 Each Occurrence. iv. Aircraft and Passenger Liability to include bodily injury, property damage, and passenger injury, with a minimum of $1,000,000 per passenger, for all 23 owned or operated aircraft. v. Workers' Compensation as required by the State of Florida. vi. Fire and Extended Coverage to be maintained in an amount not less than the full replacement value (FRV) of airport facilities on leasehold premises. vii. Products and Completed Operations in an amount not less than $1,000,000, Combined Single Limit per Occurrence. 15.9 Aircraft Taxi Operations Insurance Requirements. Lessee or service provider shall obtain at their expense, and continuously maintain in effect at all times during the term of this Agreement, insurance for Aircraft Taxi Operations to include broad form contractual liability and the following coverage: a) Aircraft Taxi i. General Liability to include bodily injury, personal injury and property damage for all premises, unlicensed vehicles, and contractual liability in an amount not less than $5,000,000, Combined Single Limit Per Occurrence, or equivalent. ii. Vehicular Liability to include bodily injury and property damage for all licensed vehicles owned, non -owned, or hired in an amount not less than $1,000,000, Combined Single Limit per Occurrence. iii. Aircraft and Passenger Liability to include bodily injury, property damage, and passenger injury, with a minimum of $1,000,000 per passenger, for all owned or operated aircraft. iv. Workers' Compensation as required by the State of Florida. v. Fire and Extended Coverage to be maintained in an amount not less than the full replacement value (FRV) of airport facilities on leasehold premises. NOTE: SEPARATE INSURANCE POLICIES ARE NOT REQUIRED AS LONG AS THE INSURANCE REQUIREMENTS SET FORTH IN THIS AGREEMENT ARE MET. 15.10 Other Insurance Provisions a) Policies are to contain, or be endorsed to contain, the following provisions: General Liability and Automobile Liability Coverage: Lessor, its officials, employees and volunteers are to be covered as insured in respect to liability arising out of activities performed by, or on behalf of, Lessee or service provider; products and completed operations of Lessee or service provider and for any property damage loss; Premises owned, leased or used by Lessee or service provider; or automobiles owned, leased, hired or borrowed by Lessee or service provider. The coverage shall contain no special limitations on the scope of protection afforded to Lessor, its officials, employees or volunteers. ii. Lessee or service provider's insurance coverage shall be primary as respect to Lessor, its officials, employees and volunteers. Any insurance or self-insurance maintained by Lessor, its officials, 24 employees or volunteers shall be excess of Lessee's or service provider's insurance and shall not contribute with it. iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to Lessor, its officials, employees or volunteers. iv. Coverage shall state that Lessee's or service provider's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits of the insurer's liability. v. Workers' Compensation and Employers' Liability Coverage: Lessee or service provider shall agree to waive all rights of subrogation against Lessor, its officials, employees and volunteers for losses arising from work performed by Lessee or service provider for Lessor. b) Deductibles and Self -Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. The City may require Lessee or service provider to provide proof of ability to pay losses and related investigations, claims administration, and defense expenses within the retention. c) Subcontractors of Subleases. Lessee or service provider shall include all subcontractors/subleases as insured under its policies or shall verify and furnish separate certificates and endorsements for each subcontractor/sublessee. All coverage for subcontractors/sublessees shall be subject to all of the requirements stated herein. 15.11 All Coverage. a) Each insurance policy required by this Article shall be endorsed to state that coverage shall not be suspended, voided, nonrenewed, canceled, materially changed, reduced in coverage or in limits except after thirty (30) days prior written notice via certified mail, return receipt requested, has been given to Lessor. b) If Lessee or service provider is underwritten on a "claims -made" basis, the retroactive date shall be prior to or coincide with the date of this Agreement and the certificate of insurance shall state that coverage is "claims -made" and also the Retroactive Date. Lessee or service provider shall maintain coverage for the duration of this Agreement and for the two (2) years following the completion of this Agreement. It is further agreed that the contractor shall provide Lessor a sixty (60) day notice of aggregate erosion, in advance of the Retroactive Date, cancellation and/or renewal. It is also agreed that either Lessee/service provider or Lessor may invoke the tail option on behalf of the other party and the Extended Reporting Period (ERP) premium shall be paid by Lessee. 15.12 Verification of Coverage. Lessee will provide the City with a certificate or certificates of insurance showing the existence of coverage. In addition, Lessee will provide to the City, if requested in writing, certified copies of all policies of insurance. Lessee will maintain the required coverage with a current certificate or certificates of insurance throughout the term of this Agreement with the City. New certificates and new certified copies of policies shall be provided 25 to the City whenever the policy is renewed, revised, or obtained from other insurers. The address where such certificates and certified policies shall be sent or delivered is as follows: City of Clearwater Attention: Risk Management Department P.O. Box 4748 Clearwater, FL 33758-4748 15.13 Airpark Tenant and Other Leases and Agreements. Lessee shall require all Airpark Tenants and other tenants to provide annual certificates of insurance to Lessee as a requirement of any lease or other agreement for use of any part of the Premises. 15.14 Loss Control/Safety. Precaution shall be exercised at all times by Lessee for the protection of all persons, including employees, and property. Lessee shall be expected to comply with all applicable laws, regulations, or ordinances related to safety and health, and shall make special efforts where appropriate to detect hazardous conditions, and shall take prompt action where loss control/safety measures should reasonably be expected. Article 16 Disclaimer of Warranties 16.1 The Parties agrees that no representations or warranties shall be binding upon the Parties unless expressed in writing herein or in a duly executed amendment to this Agreement. It is understood and agreed that: a) Lessor does not warrant, and hereby disclaims any and all liability and responsibility for or on account of the condition of, the Premises, or the Airpark or any portions thereof, or for or on account of anything affecting such conditions. b) Lessor makes no warranties and has no obligations or liability for or with respect to the removal of sand, water or debris from the Premises of any part thereof. c) Lessor makes no warranties and shall have no obligations or liability with respect to noise, noise pollution, air quality, or air pollution. Article 17 Inspections, Repairs, and Maintenance 17.1 Lessee's Duties. Lessee hereby agrees that: a) Lessee shall keep and maintain the Premises in a neat, clean and respectable condition by prompt removal of all trash, litter, debris and junk, and shall keep said Premises cleared of all objectionable matter. 26 b) Lessee shall complete daily inspections of the Airpark and shall provide a weekly report to the City Manager or designated representative detailing said inspections. The daily inspections shall include assessing the Airpark's paved areas, lighting and landing systems, fuel tanks and dispensing systems, and other on -ground systems, and report any issues to the City Manager or designated representative. Lessee shall ensure that runways and taxiways are inspected and kept free of debris and unsafe conditions. c) Lessee shall maintain the Premises and Structures in a good state of repair at all times and shall be responsible for minor maintenance and repairs to said areas including all interior maintenance. Minor maintenance and repairs is defined as any activity necessary to continue the daily operation of the Airpark such as normal cleaning and sanitizing, trash removal, minor repairs of light and electrical fixtures, painting, air conditioning, plumbing fixtures, replacement of broken or defective parts, interior and exterior building washing, and general building cleanliness. d) Lessee shall maintain all grass and landscape vegetation on the Premises including mowing of the grass. Lessee shall be provided a City -owned tractor for this purpose and will be responsible for any maintenance or repair costs associated with this equipment. If Lessee fails to maintain the Airpark as per Lessor's specifications, Lessor at its option may hire a contractor to maintain the grass and vegetation moving forward and bill Lessee as provided below. In the event Lessee shall fail to keep and maintain the Premises as herein required, as determined in the sole discretion of Lessor, then Lessor, after notice to Lessee of the default and providing thirty (30) days to comply, shall have the power and express authority to cause or require the labor and materials to be expended that are reasonably necessary to accomplish the required work, and Lessee expressly agrees that the reasonable cost of any such labor and materials shall become due thirty (30) days from the date on which any such maintenance work is completed and notice of the amount due is given to Lessee. Lessee's contact with Lessor in connection with the Premises herein leased shall be with Lessor's staff member designated by the City Manager, subject to the terms and provisions of this Agreement, which may not be waived, modified, or amended except in writing executed by Lessor. 17.2 Lessor's Duties. Lessor hereby agrees that: a) Lessor shall turnover the Airpark to Lessee in a condition acceptable to Lessee evidenced by Lessee signing this Agreement) and Lessor shall remain responsible for major repair or replacement of structures and other utilities. For purposes of this Agreement, "major repair or replacement" shall mean those repairs or replacements necessary to correct a catastrophic failure or to prevent a catastrophic failure from occurring. b) Lessor shall be responsible for repair and maintenance of City -owned equipment and vehicles including automotives, trailers, except for fuel pumping equipment, the City -supplied tractor, and lawn mowing equipment. If any of Lessor's maintenance or repair obligations are necessitated solely by the acts of Lessee or its employees, agents, contractors, or sub -contractors, Lessee shall reimburse Lessor 27 for the reasonable cost thereof, to be paid within thirty (30) days after notice of such cost is given to Lessee as herein provided. 17.3 Partial Damage. If all or a portion of the Airpark is partially damaged by fire, explosion, flooding inundation, floods, the elements, public enemy, acts of terrorism, acts of God, or other casualty, but not rendered unusable, the same will be repaired with due diligence by Lessor at its own cost and expense, subject to the limitations as hereinafter provided. Rental Payments shall be reduced in proportion to lost revenues until the Premises is fully restored to its condition prior to the date on which the damage occurred. Ifsaid damage is caused by the grossly negligent acts or omissions of Lessee, its agents, officers, or employees, Lessee shall be responsible for reimbursing Lessor for the cost and expense, in excess of Lessor's insurance coverage, incurred in making such repairs. 17.4 Extensive Damage. If the damages as described above in "Partial Damage" are so extensive as to render the Airpark or a portion thereofunusable, but are capable ofbeing repaired within a reasonable time not to exceed three hundred and sixty-five (365) days, the same shall be repaired with due diligence by Lessor at its own cost and expense and the Rental Payments, fees, and charges payable hereunder shall abate from the time of such damage until such time as the Airpark is fully restored to its condition prior to the date on which the damage occurred and is certified as again ready for use; provided, however, that if such damage is caused by the grossly negligent acts or omissions of Lessee, its agents, officers, or employees, Lessee shall be responsible for the cost and expenses, in excess of Lessor's insurance coverage, incurred in making such repairs. 17.5 Complete Destruction. In the event all or a substantial portion of the Airpark is completely destroyed by fire, explosion, the elements, public enemy, acts of terrorism, acts of God, or other casualty, or are so damaged that they are uninhabitable and cannot be replaced except after more than three hundred and sixty-five (365) days, Lessor shall be under no obligation to repair, replace or reconstruct the Airpark, no payments will be required of either party until such time as the said Clearwater Airpark is fully restored. If within three hundred and sixty-five (365) days after the time of such damage or destruction the Airpark has not been repaired or reconstructed, Lessee may terminate this Agreement in its entirety as of the date of such damage or destruction. If Lessor decides not to fully restore the Premises and desires to declare the Premises `completely destroyed' under this section 17.5, Lessor shall pay to Lessee all insurance proceeds received as a result of the damage to the Premises in proportion to Lessee's investment in FDOT Projects. 17.6 Limits of Lessor's Obligation Defined. In the application of the foregoing provisions, Lessor may, but shall not be obligated to, repair or reconstruct the Airpark. If Lessor chooses to do so, Lessor's obligation shall also be limited to repair or reconstruction of the Airpark to the same extent and of equal quality as obtained by Lessee at the time of the event necessitating the repair. All redecoration and replacement of capital investment, including all Lessor assets shall be the cost and responsibility of Lessor. Lessee shall bear the cost of repair and replacement of any Lessee assets except to the extent that the damage or destruction is caused by Lessor's negligence, action, or omission. 28 17.7 Force Majeure; National Emergency. See paragraph S.20 in the Terms and Conditions described in Exhibit "B" attached hereto. Article 18 Referendum Regarding the Landings 18.1 The Landings. Lessee does not intend to own or lease the real property located at 1875 Airport Drive, Clearwater, Florida 33765 and commonly known as "The Landings Golf Course" (the "Landings"). In the event the Landings shall ever be leased or owned by Lessee, the Landings shall not be held under this Agreement. Further, if Lessee becomes the lessee or owner of the Landings and desires to change the zoning or future land use of the property, a referendum vote shall be required by the City of Clearwater Charter in order to rezone or amend the future land use of the Landings. Article 19 Leasehold Improvements and Structural Work No improvements, additions, or changes shall be made to the Premises or Structures therein without the prior written consent of the City Manager or designated representative. If any alteration or modification takes place without Lessor's written permission, then, upon written request by Lessor, Lessee agrees to return that part ofthe Premises modified, altered or affected without consent from Lessor to its original condition. If Lessee fails to return that part of the Premises or Structures therein which were modified or altered without written consent to its original condition within thirty 30) days from receipt or written request from Lessor, then Lessor shall be entitled to return that part of the Premises or Structure to its original condition and shall be entitled to recover the cost and expenses from Lessee. Emergency repairs may be made by Lessee for the safety of individuals and prevention of damage to real and personal property. It is further agreed that any improvements, additions, or changes shall be made by Lessee at its own expense and at the option of Lessor shall become the property of Lessor upon expiration, or prior termination of this Agreement or any extension or renewal thereof. Should Lessor elect not to exercise this option, Lessee agrees to remove such improvements, additions or changes at its own expense and deliver the Premises to Lessor in as good condition as it now exists. Article 20 Utilities Lessee agrees to pay the cost of all utilities for the Premises leased including but not limited to stormwater, gas, water, electricity, sanitary sewer, telephone, and solid waste disposal. In the event Lessee fails to pay any utility bills when due, Lessor may, at its option, pay the same and collect from Lessee the amounts so disbursed, plus interest at the maximum rate allowable by law until paid. Such an event is a material default under this Agreement. 29 Article 21 Assignment This Agreement, nor any part thereof or any interest therein, shall not be assigned, transferred or subleased by Lessee without the express written consent of Lessor which shall not be unreasonably withheld. Lessee's failure to obtain Lessors written consent to any assignment, transfer or sublease shall render such agreement null and void. All principals of Lessee and their respective percentages of ownership shall be disclosed to Lessor in writing and it is expressly agreed that if Lessee is a corporation, any material change in ownership of corporate stock; or if a partnership, the addition to or withdrawal of any partner from the partnership firm; or the addition to or withdrawal of a principal Lessee in whatever capacity; by purchase or sale, or operation of law or in any other manner whatsoever, without the consent of Lessor shall be deemed an assignment. Notwithstanding any attempt by Lessee to assign, transfer or sublease this Agreement, or any part thereof or interest therein, Lessee shall remain obligated and liable to Lessor for the performance of all covenants, terms, and conditions, warranties and other provisions of this Agreement to the same extent that Lessee would have been obligated and liable if such assignment, delegation, or sublease had not been attempted, but such attempt shall be deemed an act of material default by Lessee. It is understood and agreed that Lessor may, at any time, with notice, assign or delegate any or all of its rights hereunder. Article 22 Representations and Warranties of Lessor and Lessee 22.1 Representations and Warranties of Lessor. Lessor represents and warrants to Lessee the following: a) All required approvals have been obtained or, if not, Lessor shall in good faith work together with Lessee in order to obtain any other required approval, and Lessor has full legal right, power and authority to enter into and perform its obligations hereunder; b) This Agreement has been duly executed and delivered by Lessor and constitutes a valid and binding obligation of Lessor, enforceable in accordance with its terms, except as such enforceability may be limited by bankruptcy, insolvency, reorganization, or similar laws affecting creditors' rights generally or by general equitable principles; c) The execution and delivery of this Agreement will not violate or cause a breach (with or without notice or the passage of time) under any agreement, law, ordinance, or other obligation to which Lessor is bound; d) There is no current, pending, or to Lessor's knowledge after due inquiry, threatened, action or proceeding before any court or administrative agency to which it is a party, 30 questioning the validity of this Agreement, the relationship between Lessor and Lessee, or which appear likely to materially adversely affect Lessor's performance of its obligations under this Agreement; e) Lessor is the owner of the Premises; f) Upon delivery to Lessee, the Airpark shall comply with all laws, ordinances, orders, rules, regulations and other governmental requirements relating to the use, occupancy, and condition of the Airpark for the purposes described herein, including, without limitation, the Americans with Disabilities Act and the certificate of occupancy; and g) All improvements in the Airpark will be constructed in a good and workmanlike manner and said improvements and all other Lessor assets are and will be in good working order and condition, free from defects in workmanship and materials, and fit for the purposes for which they are provided. 22.2 Representations and Warranties of Lessee. Lessee represents and warrants to Lessor the following: a) All required approvals have been obtained or, if not, Lessee shall in good faith work together with Lessor in order to obtain any other required approval, and Lessee has full legal right, power and authority to enter into and perform its obligations hereunder; b) This Agreement has been duly executed and delivered by Lessee and constitutes a valid and binding obligation by Lessee, enforceable in accordance with its terms, except as such enforceability may be limited by bankruptcy, insolvency, reorganization or similar laws affecting creditors' rights generally or by general equitable principles; and c) There is no current, pending, or to Lessee's knowledge after due inquiry, threatened, action or proceeding before any court or administrative agency to which it is a party, questioning the validity of this Agreement, the relationship between Lessor and Lessee, or which appear likely to materially adversely affect Lessee's performance of its obligations under this Agreement. Article 23 Miscellaneous 23.1 Notice. Unless provided otherwise in this Agreement, all notices, requests, demands, claims, and other communications hereunder shall be in writing and delivered as provided herein. Notices and communications may be (i) personally delivered; (ii) sent via certified or registered mail, postage prepaid; (iii) sent via reputable overnight courier; or (iv) sent via email or facsimile (with electronic confirmation and a hard copy provided via (i), (ii), or (iii) to follow). If provided by personal delivery, receipt will be deemed effective upon delivery. If sent via certified or registered mail, receipt will be deemed effective three (3) calendar days after being 31 deposited in the United States mail. If sent via overnight courier, receipt will be deemed effective two (2) calendar days after the sending thereof. If sent via facsimile or email, receipt will be deemed effective two (2) calendar days after the sending thereof or the effective receipt date established for the required hard copy, whichever occurs earlier. All notices to be given pursuant to this Agreement must be delivered to the Parties at their respective addresses provided below: If to Lessor: 600 Cleveland Street, STE 600 Clearwater, FL 33755 Attention: City Manager Phone: (727) 562-4040 Email: jon.jennings@myclearwater.com If to Lessee to: F1yUSA PV, LLC 1000 N. Hercules Ave. Clearwater, FL 33765 Attn: Barry Shevlin & Mike Connor Email: barrv@flvusa.com With copy to (which shall not constitute notice): 600 Cleveland Street, STE 600 Clearwater, FL 33755 Attention: City Attorney Phone: (727) 562-4010 Email: david.margolis@myclearwater.com With copy to (which shall not constitute notice): Macfarlane Ferguson & McMullen, P.A. 625 Court Street Clearwater, Florida 33756 Phone: 727-444-1403 Attention: Brian J. Aungst, Jr. Esq. Email: bia@macfar.com 23.2 Order of Precedence. In the event of any conflict between this Agreement and any exhibits or other documents entered into in connection herewith, the provisions of this Agreement shall prevail. 23.3 Corporate Status. Lessee shall keep its corporate status active and current throughout the term of this Agreement. 23.4 Annual Report. Lessee shall furnish to Lessor each year no later than one (1) month after the anniversary ofthis Agreement an annual report. This report will be in a form satisfactory to the City Manager or designated representative and Lessor, may at option inspect Lessee's financial and other records relating to the preparation ofthis report upon written notice. The annual report shall contain the following materials and information: 1. A complete financial statement (income and expense report) for Lessee prepared in accordance with generally accepted accounting principles and this Agreement. This statement shall be certified by Lessee's Certified Public Accountant and shall indicate Lessee's sources of income including the amount of gross sales at and/or from the Premises during the monthly periods reported by the statement in the amount of year-to-date gross sales for Lessee's fiscal year; 32 2. Sources of all revenue from Lessee and any tenants; 3. A certification ofLessee's current corporate status from the State of Florida; 4. A compilation of all insurance certificates required by this Agreement for Lessee and service providers as established under Article 15; and 5. A report detailing the effectiveness of Lessee's efforts to reduce flight school activity during the term year. 23.5 Entire Agreement. This Agreement, the exhibits, and any documents executed in connection with this Agreement, constitute and express the entire agreement of the Parties hereto and no agreements, warranties, representations or covenants not herein expressed shall be binding upon the Parties. 23.6 Captions. Captions appearing before sections and articles in this Agreement have been inserted solely for the purposes of convenience and ready reference. They do not purport to, and shall not be deemed to, define, limit or extend the scope or intent of the section or articles to which they pertain. 23.7 Good Faith. It is agreed that both Parties shall perform their respective duties under the terms of this Agreement in good faith. 23.8 Relationship of Lessor and Lessee. It is expressly understood that the relationship between Lessee and Lessor will be that of a landlord -tenant. Lessee and all persons employed by Lessee, either directly or indirectly, are Lessee's employees, not Lessor's employees. Accordingly, Lessee and Lessee's employees are not entitled to any benefits provided to Lessor's employees including, but not limited to, health benefits, enrollment in a retirement system, paid time off or other rights afforded Lessor employees. Lessee's employees will not be regarded as Lessor's employees or agents for any purpose, including the payment of unemployment or workers' compensation. If any of Lessee employees or subcontractors assert a claim for wages or other employment benefits against Lessor, Lessee will defend, indemnify and hold harmless Lessor from all such claims. Nothing herein contained is intended or shall be construed in any way to create or establish the relationship of partners or a joint venture between Lessor and Lessee. 23.9 Invalid or Illegal Provision(s). If any one or more provisions of this Agreement are for any reason held to be invalid, illegal or unenforceable in any respect, the invalidity, illegality or unenforceability will not affect any other provision of this Agreement, which will be construed as if it had not included the invalid, illegal or unenforceable provision. 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. 23.10 Amendment. No amendment to this Agreement shall be effective unless such is in writing and signed by each of the Parties. No charge for extra work or material will be allowed unless approved in writing, in advance, by Lessor and Lessee. 33 IN WITNESS WHEREOF, this Agreement has been executed by the Parties and is effective as of the 1rday of..±,LOAki 2023. APPROVED BY CITY OF CLEARWATER THIS litDAY OFjQ.ikIo , 2023. Countersigned: 294,4 Frank V. Hibbard, Mayor David Margolis, City Attorney STATE OF FLORIDA COUNTY OF PINELLAS LESSOR: THE CITY OF CLEARWATER, FLORIDA, a municipal corporation of the State ofFlorida Jennifer Poirrier Interim City Manager Attest: Rosemarie Call, City Clerk LESSEE: FLYUSA PV, LLC, a Florida limited liability company By: -1...-_. -V.,_ o' 4 Name: pw L. L• ;,igv'-, Title: — r s P L' a- v-,1,_ The foregoing instrument wa 1acknowledged before me by means ofEl physical presence or 0 online notarization, thisdy of January 2023, by gay (v1 L ..SL/, as i14.n et Jyof F1yUSA PV, LLC. 34 51Lee,,ellyt Notary Public Print Name: ± "4 !I' - My Commission Expires: /]/oma-) /) 0,,1 r Exhibit "A" LEGAL DESCRIPTION OF PREMISES Please see attached. 35 9 City of Clearwatery-» Fleet Maintenance LINE TABLE LINE # BEARING DISTANCE L1 N 89' 19' 10" W 50.00' L2 N 00° 16' 59" E 34.91' L3 N 89° 29' 00" W 252.19' L4 N 00° 40.34" E 173.37' L5 N 89° 19' 26" W 328.99' L6 N 00° 16' 55" E 300.00' L7 N 89° 19' 26" W 475.00' L8 N 89° 19'26" W 401.74' L9 65' 50' 39" W 294.56' L10 24° 09' 21" E 633.55' L11 N 89' 01' 19" W 8.74' L12 S 00° 16' 59" W 160.49' L13 S 89° 20' 18" E 564.75' Po G r Beginn ng QQo mmence r95+ Ra This is not a survey CITY OF CLEARWATER DEPARTMENT OF PUBLIC WORKS - ENGINEERING DRAWN BY Lee Cheek CHECKED BY Tom Mahony Clearwater Airpark Lease Legal Description OM NO. 2022021 sheer Lease 1 OF 2 SECT•TWNSP-RNG 12 • 295 - 15E DATE DRAWN 11/8/2022 Lease of Clearwater Airpark described as follows: Commence at the center of Section 12, Township 29 South, Range 15 East: thence run N 89° 19' 10" W, along the East-West centerline of said Section 12, a distance of 50.00', to a point on the West right-of-way line of Hercules Avenue and the Point of Beginning; thence N 00° 16' 59" E, along said West right-of-way line of Hercules Avenue, a distance of 34.91'; thence N 89° 29' 00" W, a distance of 252.19'; thence N 00° 40' 34" E, a distance of 173.37'; thence N 89° 19' 26" W, a distance of 328.99'; thence N 00° 16' 55" E, a distance of 300.00' to a point on the South right-of-way of Grand Avenue; thence N 89° 19' 26" W, along said South right-of-way of Grand Avenue, a distance of 475.00'; thence N 00° 16' 59" E, a distance of 756.48'; thence N 89° 19' 26" W, a distance of 401.74'; thence N 25° 13' 17" W, a distance of 1610.02'; thence S 65° 50' 39" W, a distance of 294.56'; thence S 24° 09' 21" E, a distance of 633.55'; thence N 89° 01' 19" W, a distance of 8.74'; thence S 25° 13' 17" E, a distance of 3715.92'; thence S 00° 16' 59" W, a distance of 160.49'; thence S 89° 20' 18" E, a distance of 564.75' to a point on said West right-of-way line of Hercules Avenue; thence N 00° 16' 59" E, along said West right-of-way line of Hercules Avenue, a distance of 1489.39' to the Point of Beginning. Containing 60.21 Acres, more or Tess. CITY OF CLEARWATER DEPARTMENT OF PUBLIC WORKS - ENGINEERING DRAWN BY Lee Cheek CHECKED BY Tom Mahony Clearwater Airpark Lease Legal Description DINO. NO. 2022021 SHEET Lease 2 OF 2 SECT-TWNSP-RNG 12 - 29S • 15E DATE DRAWN 11/7/2022 S.1 Exhibit "B" Terms and Conditions SUBCONTRACTING. Lessee may subcontract work under this Agreement without the express written permission of Lessor, provided, however, that Lessee shall ensure that all subcontractors performing work under the Agreement must comply with its provisions. Further, all agreements between Lessee and its subcontractors must provide that the terms and conditions of this Agreement be incorporated therein. S.2 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.3 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.4 TIME OF THE ESSENCE. Time is of the essence to the performance of the Parties' obligations under this Agreement. S.5 COMPLIANCE WITH APPLICABLE LAWS. a) General. Lessee must procure all permits and licenses, and pay all charges and fees necessary and incidental to the lawful conduct of business, unless Lessor's involvement is required by law. Lessee 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. Lessee bears full responsibility for training, safety, and providing necessary equipment for all Lessee personnel to achieve throughout the term of the Agreement. Upon request, Lessee will demonstrate to Lessor's satisfaction any programs, procedures, and other activities used to ensure compliance. b) Drug -Free Workplace. Lessee is hereby advised that Lessor has adopted a policy establishing a drug-free workplace for itself and those doing business with Lessor to ensure the safety and health of all persons working on Lessor contracts and projects. Lessee will require a drug-free workplace for all Lessee personnel working under this Agreement. Specifically, all Lessee personnel who are working under this Agreement must be notified in writing by Lessee that they are prohibited from the manufacture, distribution, dispensation, or unlawful possession or use of a controlled substance in the workplace. Lessee agrees to ensure that Lessee personnel do not use or possess illegal drugs while in the course of performing their duties. c) Federal and State Immigration Laws. Lessee agrees to comply with the Immigration Reform and Control Act of 1986 (IRCA) in performance under this Agreement and to permit Lessor and its agents to inspect applicable personnel 36 records to verify such compliance as permitted by law. Lessee will ensure and keep appropriate records to demonstrate that all Lessee personnel have a legal right to live and work in the United States. i) As applicable to Lessee, under this provision, Lessee hereby warrants to Lessor that Lessee will comply with and ensure each of its subcontractors are contractually obligated to comply with, all federal immigration laws and regulations that relate to their employees (hereinafter "Lessee Immigration Warranty"). ii) A breach of Lessee Immigration Warranty will constitute as a material breach of this Agreement and will subject Lessee to penalties up to and including termination of this Agreement at the sole discretion of Lessor. iii) Lessor retains the legal right to inspect the papers of all Lessee personnel who provide services under this Agreement to ensure that Lessee or its subcontractors are complying with Lessee Immigration Warranty. Lessee agrees to assist Lessor in regard to any such inspections. iv) Lessor may, at its sole discretion, conduct random verification of the employment records of Lessee and any subcontractor to ensure compliance with Lessee Immigration Warranty. Lessee agrees to assist Lessor in regard to any random verification performed. v) Neither Lessee nor any subcontractor will be deemed to have materially breached Lessee Immigration Warranty if Lessee 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. Lessee 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. Lessee and Lessee'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.6 SALES/USE TAX, OTHER TAXES. Lessee is responsible for the payment of all taxes including federal, state, and local taxes related to or arising out of Lessee'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 Lessee or any Lessee employees an employee of Lessor, or should anyone otherwise claim Lessor is 37 liable for the payment of taxes that are Lessee's responsibility under this Agreement, Lessee will indemnify Lessor for any tax liability, interest, and penalties imposed upon Lessor. Both Lessor and Lessee are exempt from paying state and local sales/use taxes and certain federal taxes and will furnish an exemption certificate upon request. S.7 AMOUNTS DUE TO LESSOR. Lessee must be current and remain current in all obligations due to Lessor during the performance of services under the Agreement. Payments to Lessee may be offset by any delinquent amounts due Lessor or fees and charges owed to Lessor. S.8 PUBLIC RECORDS. In addition to all other contract requirements as provided by law, Lessee executing this Agreement agrees to comply with public records law. Lessee's agreement to comply with public records law applies specifically to: a) Keep and maintain public records required by Lessor (hereinafter "public agency") to perform the service being provided by Lessee hereunder. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided for in Chapter 119, Florida Statutes, as may be amended from time to time, or as otherwise provided by law. c) Ensure that the public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if Lessee 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 Lessee or keep and maintain public records required by the public agency to perform the service. If Lessee transfers all public records to the public agency upon completion of the contract, Lessee shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If Lessee keeps and maintains public records upon completion of the contract, Lessee 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 Lessee of the request and Lessee must provide the records to the public agency or allow the records to be inspected or copied within a reasonable time. 38 f) Lessee hereby acknowledges and agrees that if Lessee 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) If Lessee fails to provide the public records to the public agency within a reasonable time, it may be subject to penalties under Section 119.10, Florida Statutes. h) If a civil action is filed against Lessee to compel production of public records relating to a public agency's contract for services, the court shall assess and award against Lessee the reasonable costs of enforcement, including reasonable attorney fees, if: 1) The court determines that Lessee 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 Lessee has not complied with the request, to the public agency and to Lessee. i) A notice complies with subparagraph (h)(2). if it is sent to the public agency's custodian of public records and to Lessee at Lessee's address listed on its contract with the public agency or to Lessee'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. IfLessee complies with a public records request within eight (8) business days after the notice is sent, it is not liable for the reasonable costs of enforcement. S.9 BACKGROUND CHECK. Lessor may conduct criminal, driver history, and all other requested background checks of Lessee personnel who would perform services under the Agreement or who will have access to Lessor's information, data, or facilities in accordance with Lessor'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.10 CONTINUATION DURING DISPUTES. The Parties agree that during any dispute between the Parties, each will continue to perform its obligations until the dispute is settled, performance is enjoined or prohibited by judicial action, or the Parties are otherwise required or obligated to cease performance by other provisions in this Agreement. S.11 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 39 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.12 WARRANTY. Each party warrants that the services and materials will conform to the requirements ofthe Agreement. Additionally, each party warrants that all services will be performed in a good, workman -like and professional manner. If any materials or services are of a substandard or unsatisfactory manner as determined by the other party, in good faith, the providing party, at no additional charge to the other, will provide materials or redo such services until in accordance with this Agreement and to the other party's reasonable satisfaction. Unless otherwise agreed, Lessor and Lessee warrant that materials used 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.13 LESSOR'S RIGHT TO RECOVER AGAINST THIRD PARTIES. Lessee will do nothing to prejudice Lessor's right to recover against third parties for any loss, destruction, or damage to the Premises, and will at Lessor's request and expense, furnish to Lessor reasonable assistance and cooperation, including assistance in the prosecution or defense of suit and the execution of instruments of assignment in favor of Lessor in obtaining recovery. S.14 USE OF NAME. Lessee will not use the name of Lessor in any advertising or publicity without obtaining the prior written consent of Lessor. S.15 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 Lessor 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.16 RISK OF LOSS. Except as otherwise provided in this Agreement, each party agrees to bear all risks of loss, injury, or destruction of goods or equipment incidental to providing any services, to the extent such party provides the services, and such loss, injury, or destruction will not release the party from any obligation hereunder. S.17 SAFEGUARDING LESSOR PROPERTY. Except as otherwise provided in this Agreement, Lessee will be responsible for any damage to Lessor real property or damage or loss of Lessor personal property when such property is the responsibility of or in the custody of Lessee or its employees to the extent that such damage is caused by gross negligence of Lessee or its employees. S.18 WARRANTY OF RIGHTS. Each party warrants it has title to, or the right to allow the other to use the materials and services being provided to the other and that the party 40 receiving materials or services may use same without suit, trouble or hindrance from providing party or third parties. S.19 PROPRIETARY RIGHTS INDEMNIFICATION. Without limiting the foregoing, each party (the "Indemnifying Party") will without limitation, at its expense defend the other party (the "Indemnified Party") against all claims asserted by any person that anything provided by Indemnifying Party 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 Indemnified Party 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 Indemnified Party's use or operation of the items provided by Indemnifying Party hereunder or any part thereof by reason of any alleged infringement, Indemnifying Party will, at its expense and without limitation, either: (a) modify the item so that it becomes non -infringing; (b) procure for the Indemnified Party 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 Indemnified Party 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 Indemnified Party may incur to acquire substitute supplies or services. S.20 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, hostilities (whether declared or not), invasion, riots, civil unrest, embargos or blockades, national or regional emergency, strikes, labor stoppages or slowdowns or other industrial disturbances, telecommunication breakdowns, power outages or shortages, inability or delay in obtaining supplies of adequate or suitable materials, fire, explosion, other catastrophe or disaster, including epidemics, 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 and twenty (120) calendar days from the scheduled delivery or completion date of a task unless agreed upon by the parties. S.21 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.22 INTEGRATION CLAUSE. The Agreement, including all attachments and exhibits hereto, supersede all prior oral or written agreements, if any, between the parties and 41 constitutes the entire agreement between the parties with respect to the work to be performed. S.23 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.24 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. 42 Exhibit "C" Master Plan for Clearwater Airpark Please see attached. 43 Final Airpark Layout Plan February 2020 Drawing Set and Narrative Report for the Clearwater Airpark Prepared for: City of Clearwater Marine and Aviation Department 25 Causeway Blvd. Clearwater, FL 33676 727.462.6954 Prepared by: AECOM 7650 W. Courtney Campbell Causeway Tampa, FL 33607-1462 1 TABLE OF CONTENTS Section Page 1.0 AVIATION ACTIVITY FORECASTS 1-1 1.1 Introduction 1-1 1.2 Overview 1-1 1.3 Aircraft Operations Forecast 1-1 1.3.1 Itinerant & Local Operations Forecast 1-3 1.3.1.1 Air Charter / Air Taxi Operations 1-4 1.3.1.2 General Aviation Operations 1-4 1.3.1.3 Military Operations 1-4 1.3.1.4 Instrument Operations 1-4 1.4 Based Aircraft Forecast 1-5 1.4.1 Aircraft Fleet Mix 1-6 1.5 Critical Aircraft 1-8 1.6 Operational Peaks 1-8 1.7 Forecast Comparison to FAA TAF 1-9 2.0 AIRPARK DEMAND / CAPACITY ANALYSIS AND IDENTIFICATION OF FACILITY DEVELOPMENT NEEDS 2-1 2.1 Introduction 2-1 2.2 Critical Aircraft 2-2 2.3 Airside Facilities 2-3 2.3.1 Runway System 2-3 2.3.2 Number of Runways 2-4 2.3.3 Runway Length Requirements 2-4 2.3.4 Runway Geometry and Safety 2-4 2.4 Taxiway System 2-6 2.4.1 Taxiway Design 2-7 2.4.2 Taxiway Configurations 2-9 2.4.3 Pavement Condition 2-9 2.4.4 Navigational Aids 2-10 2.5 General Aviation Facilities 2-11 2.5.1 Aircraft Parking & Storage 2-11 2.5.1.1 Aircraft Hangars 2-11 2.5.1.2 Aircraft Parking Apron 2-12 2.5.2 Terminal 2-13 2.5.3 Vehicle Parking 2-13 2.6 Support Facilities 2-14 2.6.1 Airport Maintenance 2-14 2.6.2 Fuel Storage 2-14 2.7 Land Use 2-15 2.8 Summary of Recommendations 2-16 3.0 ALTERNATIVES ANALYSIS 3-1 3.1 Introduction 3-1 3.2 Evaluation Criteria 3-2 3.3 Development Constraints 3-2 3.3.1 Infrastructure Constraints 3-3 3.3.2 Environmental Constraints 3-3 3.3.3 Operational Constraints 3-3 City of Clearwater ii ClearwaterAirpark Layout Plan 3.4 Development Alternatives 3-4 3.4.1 THangars 3-6 3.4.1.1 Alternative 1 3-6 3.4.1.2 Alternative 2 3-7 3.4.1.3 T Hangar Alternatives Evaluation 3-8 3.4.2 Conventional Hangars 3-9 3.4.2.1 Alternative 1 3-9 3.4.2.2 Alternative 2 3-9 3.4.2.3 Alternative 3 3-9 3.4.2.4 Conventional Hangar Alternatives Evaluation 3-10 3.4.3 Terminal 3-11 3.4.3.1 Alternative 1 3-12 3.4.3.2 Alternative 2A 3-13 3.4.3.3 Alternative 2B 3-14 3.4.3.5 Terminal Alternatives Evaluation 3-15 3.4.4 Navigational Aids 3-15 3.4.5 Recommended Development Plan 3-17 3.4.6 Land Use 3-18 4.0 FACILITIES IMPLEMENTATION PLAN 4-1 4.1 Introduction 41 4.2 Project List and Descriptions 4-1 4.2.1 Airfield Projects 4-1 4.2.1.1 Relocate Taxiway A6 4-1 4.2.1.2 Construct Blast Pads 4-1 4.2.1.3 Property Acquisition at Runway 34 End 4-1 4.2.1.4 Avigation Easement for Parcels within Runway 34 RPZs 4-2 4.2.1.5 Avigation Easement for Parcels within Runway 16 RPZs 4-2 4.2.2 Terminal Projects 4-2 4.2.2.1 Construct New Terminal 4-2 4.2.2.2 Expand Vehicle Parking Lot 4-2 4.2.3 General Aviation Projects 4-2 4.2.3.1 Replace Shade Hangars with T Hangars 4-2 4.2.3.2 Expand Transient Aircraft Parking Area 4-3 4.2.3.3 Reconstruct Transient Aircraft Parking Area 4-3 4.2.3.4 Construct New Conventional Hangar and Apron 4-3 4.2.3.5 Rehabilitate Existing Tampa Bay Aviation Hangar Apron 4-3 4.2.3.6 Rehabilitate Existing Taxilanes (Row K and Transient access)4-3 4.2.3.7 Construct New T Hangar on Existing Row J Parking 4-3 4.2.3.8 Rehabilitate Row J and Row I Taxilanes 4-3 4.2.3.9 Reconstruct Existing Bender Aviation Apron 4-4 4.2.3.10 Rehabilitate Existing T -Hangar Taxilanes 4-4 4.2.3.11 Reconfigure Aircraft Parking Area 4-4 4.2.3.12 Construct New Conventional Hangar, Access Taxiway, and Apron 4-4 4.2.3.13 Construct New T Hangar and Taxilanes 4-4 4.2.4 Support Projects 4-4 4.2.4.1 Install Rotating Beacon 4-4 4.2.4.2 Construct Maintenance Shed 4-4 4.2.4.3 Security Upgrades 4-5 4.2.4.4 Airfield Lighting Update 4-5 4.3 Project Cost Estimates 4-5 4.4 Project Phasing 4-6 City of Clearwater iii ClearwaterAirpark Layout Plan 4.4.1 Short -Term Projects 48 4.4.2 Intermediate -Term Projects 4-9 4.4.3 Long -Term Projects 4-10 5.0 CAPITAL IMPROVEMENT PHASING PLAN 5-1 5.1 Introduction 5-1 5.2 Airport Development Plan 5-1 5.3 Funding Sources 5-3 5.3.1 State Funding Program 5-3 5.3.2 Local Funding 5-4 5.4 Pavement Maintenance Plan 5-6 5.5 Financial Plan Recommendations 5-6 5.5.1 Airport Revenue Opportunities 5-6 5.6 Airport Development Recommendations 5.7 5.7 Continuous Planning Process 5.7 5.8 Conclusion 5-8 List of Figures Figure 1.1 Aircraft Operations Forecasts 1-3 Figure 1.2 Based Aircraft Forecasts 1-6 Figure 1.3 Based Aircraft Fleet Mix Forecast 1-7 Figure 2.1 FAA Taxiway Design Groups 2-3 Figure 2.2 Existing Aircraft Parking Areas 2-8 Figure 2.3 Non -Standard Taxiway Configurations 2-9 Figure 2.4 FDOT 2015 Pavement Condition Report 2-9 Figure 3.1 Development Constraints 3-3 Figure 3.2 Existing Hardstand Parking Areas 3-4 Figure 3.3 Standard Recommended Improvements 3-5 Figure 3.4 T Hangars - Alternative 1 3-6 Figure 3.5 T Hangars - Alternative 2 3-7 Figure 3.6 Conventional Hangar Alternative Locations 3-9 Figure 3.7 Terminal Area 3-11 Figure 3.8 Terminal Expansion -Alternative 1 3-12 Figure 3.9 Terminal Expansion - Alternative 2A 3-13 Figure 3.10 Terminal Expansion - Alternative 2B 3-14 Figure 3.11 Typical Beacon Towers 3-16 Figure 3.12 Recommended Development Plan 3-17 Figure 3.13 Existing On -Airport Land Uses 3-18 Figure 3.14 Potential Future On -Airport Land Uses 3-19 Figure 4.1 Preliminary Phasing Schedule for CIP Projects 4-7 Figure 4.2 Short -Term Project Locations 4-8 Figure 4.3 Intermediate -Term Project Locations 4-9 Figure 4.4 Long -Term Project Locations 4-10 List of Tables Table 1.1 Aircraft Operations Forecast for Clearwater Airpark 1-2 Table 1.2 FAA Terminal Area Forecast Aircraft Operations by Category and Type 1-4 Table 1.3 Itinerant vs. Local Aircraft Operations 1-4 City of Clearwater iv Clearwater Airpark Layout Plan Table 1.4 Based Aircraft Forecast 1-5 Table 1.5 Aircraft Fleet Mix Forecast 1-7 Table 1.6 Operational Peaks 1-9 Table 1.7 Summary of Aviation Activity Forecasts 1-10 Table 1.8 Comparison of Derived and FAA TAF Forecast 1-11 Table 2.1 Runway Design Code Classifications 2-2 Table 2.2 Wind Coverage 2-4Table2.3 Existing Runway Design 2-6 Table 2.4 FAA Taxiway Standards 2-7 Table 2.5 Aircraft Parking and Hangar Storage Requirements 2-11 Table 2.6 GA Terminal Building Size Recommendation 2-13 Table 2.7 GA Terminal Vehicle Parking Space Recommendations 2-13 Table 2.8 Fuel Storage Capacity Recommendations 2-15 Table 3.1 T Hangar Alternatives Evaluation 3-8 Table 3.2 Conventional Hangar Alternatives Evaluation 3-10 Table 3.3 Terminal Alternatives Evaluation 3-15 Table 4.1 Short -Term Projects and Estimated Costs 48 Table 4.2 Intermediate -Term Projects and Estimated Costs 4-9 Table 4.3 Long -Term Projects and Estimated Costs 4-10 Table 5.1 Financial Development Plan Over 20 Years 5-2 Table 5.2 Pavement Maintenance Schedule 5-6 City of Clearwater v ClearwaterAirpark Layout Plan Section 1.0 A VIATIONACTIVITY FORECASTS 1.1 Introduction The City of Clearwater ("City") is updating the Airport Layout Plan (ALP) and Capital Improvement Program (CIP) for the Clearwater Airpark (CLW or Airpark) based on existing and anticipated demand. The Airpark has experienced increasing demand for use of their facilities over the past few years and has identified an immediate need for additional and/or improved facilities, including aircraft storage and terminal facilities. Accordingly, a new forecast of aviation activity levels was developed to serve as the basis for identifying the facilities required in the near-term (0-5 years), intermediate-term (6-10 years), and long-term (11-20 year) planning periods. 1.2 Overview Accurate historical data regarding the number of operations conducted at CLW is not available. However, CLW has determined that the forecasts developed by the Florida Department of Transportation (FDOT) provide a reasonable outlook of aviation activity at the Airpark. The existing FDOT forecasts were developed in 2015 for the planning period from 2016-2035 as part of the Continuing Florida Aviation System Planning Process (CFASPP). Since the 20 -year forecast planning period for this ALP Update is 2018-2038, forecasts for the 3 years between 2036-2038 were projected based on the FDOT's Average Annual Growth Rate (AAGR) of 1.00% for aircraft operations and 0.51% for based aircraft. The FDOT's forecast provided the basis for additional aviation activity forecasts developed for CLW, including: Itinerant versus local operations; Instrument operations; Fleet mix (aircraft type); and Operational Peaks. All forecasts have a degree of error from the actual activity levels that occur after their publication. Therefore, the forecasts presented in this section should be reviewed with that fact in mind. 1.3 Aircraft Operations Forecast The FDOT forecast of aircraft operations, including projections for 2036-2038 developed for this ALP Update, are summarized in Table 1.1. The Federal Aviation Administration (FAA) January 2018 Terminal Area Forecast (TAF) for CLW is also provided for reference. However, the FAA TAF does not include any growth in aircraft operations and therefore, was not used for the purposes of these forecasts. City of Clearwater 1-1 Clearwater Airpark Layout Plan Table 1.1 Aircraft Operations Forecast for Clearwater Airpark 2014 istoricaly r FAA TAF 50,590 50,590 2015 51,096 50,590 2016 51,607 50,590 2017 52,123 50,590 2018 50,590 52,644 2019 50,590 53,171 2020 50,590 53,702 2021 50,590 54,239 2022 50,590 54,782 2023 50,590 55,330. 2024 50,590 55,883 2025 50,590 56,442 2026 50,590 57,006 2027 50,590 57,576 8 50,590 18,152 2029 50,590 58,733 2030 50,590 59,321 2031 50,590 59,914 2032 50,590 60,513 2033 50,590 61,118 2034 50,590 61,729 2035 50,590 62,346 2036 50,590 62,970 2037 50,590 63,599 2038 50,590 64,235 Average Annual Growth Rate Short-term (2018-2023) 0.00% 1.20% Intermediate-term (2024-2028) 0.00% 1.00% Long -Term (2029-2038) 0.00% 1.00% Change (2018-2038) 0.00% 23.24% Source: FDOT (2015); FAA TAF (2018) 1 forecasts for years 2036-2038 projected based on FDOT 20 -year AAGR forperiod 2016-2035 City of Clearwater Clearwater Airpark Layout Plan 1-2 AircraftOperations 70,000 65,000 60,000 . 55,000 -_ 50,000 45,000 40,000 35,000 30,000 0I 0 W • _w • _I . 4)` O p°p ``h 0 tipRh 0p•p0, pi,y prle pile le 'V pins- ti ti ti ti ti ti ti ti ti ti ti ti tiptiptiptiptiptipptiptiptiptip Historical Figure 1.1 Aircraft Operations Forecasts Source: FDOT (2015); FAA TAF (2018) 0-FAA TAF -*-FDOT 1.3.1 Itinerant & Local Operations Forecast Aircraft operations are defined as the number of arrivals and departures from the airport, including touch and go's. These operations are categorized as either local or itinerant. Local operations are those performed by aircraft that are based at the airport and that operate in the local traffic pattern or within sight of the airport Itinerant operations are operations performed by an aircraft that lands at an airport, arriving from outside the airport area, or departs an airport and leaves the airport area or local airspace. Aircraft operations are also further classified by the type of user such as Air Carrier, Air Charter/Air Taxi, GA, and Military. The FDOT FASP provides an overall forecast of aircraft operations but does not separate the category of operations or the user. Therefore, for the purposes of this analysis, the percentages used in the FAA TAF and summarized in Table 1.2 were used. Table 1.3 summarizes the forecast of local and itinerant aircraft operations in 2018 and at the end of each planning period. City of Clearwater 1-3 ClearwaterAirpark Layout Plan Table 1.2 FAA Terminal Area Forecast Aircraft Operations by Category and Type 0.0% 06% 9.96% 05% 10.07% 89.93% 0.0% 89.93% Source: FAA TAF (2018) Table 1.3 Itinerant vs. Local Aircraft Operations 2018 0 31 5,245 25 5,301 47,343 0 47,343 52,644 2023 0 33 5,512 25 5,570 49,760 0 49,760 55,330 2028 0 34 5,794 25 5,853 52,299 0 52,299 58,152 2033 0 36 6,089 25 6,151 54,967 0 54,967 61,118 2038 0 38 6,400 25 6,463 57,772 0 57,772 64,235 Source: FDOT (2015); FAA TAF (2018) 1.3.1.1 Air Charter / Air Taxi Operations Air taxi activity includes operations regulated by the FAA under Federal Aviation Regulations FAR) Part 135 such as on -demand passenger service (charter and fractional), small parcel transport (cargo), and air ambulance activity. Air taxi activity at CLW currently includes occasional charter and air ambulance flights. 1.3.1.2 General Aviation Operations General Aviation (GA) is the term used to describe a diverse range of aviation activities including all segments of the aviation industry, except for commercial air carriers and military. GA includes common activities such as pilot training, recreational flying, agricultural applications, medical support, and other business and corporate uses. General aviation aircraft can range from small glider and single engine aircraft to large turboprop and jet powered aircraft. In fact, some larger commercial airline aircraft models such as the Boeing 737, known as the Boeing Business Jet BBJ), have been converted for general aviation uses. GA is the primary type of activity at CLW, accounting for approximately 99 percent of all activity, including flight training activities offered by Tampa Bay Aviation. 1.3.1.3 Military Operations Military operations at CLW are relatively limited, consisting primarily of Florida National Guard helicopters and smaller fixed wing aircraft. This activity is typically in support of emergency response operations. 1.3.1.4 Instrument Operations Instrument operations to and from CLW are handled through FAA approach/departure control facilities at Tampa International Airport, which controls the overlying Class B airspace. There are currently no published instrument approach or departure procedures for CLW. Therefore, at this time, there is not enough data available to make an inference about the level of instrument activity at CLW. City of Clearwater 1-4 Clearwater Airpark Layout Plan 1.4 Based Aircraft Forecast The FDOT forecast of based aircraft, including projections for 2036-2038 developed for this ALP Update, are summarized in Table 1.4 and illustrated in Figure 1.2. The FAA January 2018 TAF for CLW is also provided for reference. Unlike the FAA TAF for aircraft operations, the FAA based aircraft forecast includes future growth at higherAAGRs than the FDOT forecasts. However, the number of based aircraft indicated for 2017 is nearly half the amount of existing based aircraft confirmed by the City. Table 1.4 Based Aircraft Forecast 2017 2018 2019 139 79 143 80 144 2020 81 144 2021 81 145 2022 82 146 2023 82 2024 83 147 2025 84 148 2026 85 149 2027 86 149 2028 87 ! 150 2029 88 151 2030 89 152 2031 90 152 2032 91 153 33 9 2034 93 155 2035 94 155 2036 95 156 2037 96 157 2038`' 97 1571 ve as Short-term (2018-2023) 0.76% 0.99% Intermediate-term (2024-2028) 1.21% 0.54% Long -Term (2029-2038) 1.11% 0.48% Change (2018-2038) 23.08% 13.23% Source: FDOT (2015); FAA TAF (2018) forecasts for years 2036-2038 projected based on FDOT 20-yearAAGR for period 2016-2035 City of Clearwater ClearwaterAirpark Layout Plan 1-5 u -FM TAF -g-FDOT Figure 1.2 Based Aircraft Forecasts Sources: FDOT (2015); FAA TAF (2018) 1.4.1 Aircraft Fleet Mix A key part of the forecasting effort is to identify how the current mix of aircraft types and missions will evolve over the 20 -year planning period. This information will be used to identify recommended modifications to the airfield and airport facilities. Aircraft are typically grouped into one of several classifications including single-engine, multi - engine, and rotary (helicopter). Other aircraft types such as jets, sport, experimental, ultra -Tight, etc. are not based at CLW and are not expected to in the future. The number of based aircraft in each of these classifications impacts the number and size of the recommended aircraft storage facilities and associated modifications to access taxiways/taxilanes. The forecast fleet mix presented in Table 1.5 and Figure 1.3 are reflective of the FDOT based aircraft forecasts as the actual number of based aircraft at CLW in the beginning of 2018 closely matches the FDOT forecasts for that year. Percentages of each aircraft type are based on the data obtained from the City of Clearwater for existing (2017) based aircraft at CLW. City of Clearwater 1-6 ClearwaterAirpark Layout Plan Table 1.5 Aircraft Fleet Mix Forecast e- Ta; slo.4- AvI icrcwa. 1.99a44,4,L91,PtE11019e.:144-','t14,11:191?-19 _ 0, Jet r, ,er:a, tt„e,X,,,,,,, # , i-rr-.,a..--.f.Ai.rcr.1a1Nf-,-'qY,.,,' 2017 119 85.6% 14 10.1% 0 0.0% 0 0% 6 4.3% 139 2018 123 86.1% 14 9.4% 0 0.0% 0 0% 6 4.4% 143 2023 125 85.5% 14 9.6% 0 0.0% 0 0% 7 5.0% 146 2028 127 84.7% 15 9.7% 0 0.0% 0 0% 8 5.6% 150 2033 129 84.0% 15 9.8% 0 0.0% 0 0% 10 6.2% 154 2038 131 83.1% 16 9.9% 0 0.0% 0 0% 11 7.0% 157 Source: AECOM Analysis, 2018 180 160 140 120 54) 100 12 1.! IR 80 Ca 60 40 20 0 ri> 19 19 19 19 19 19 19 19 19 19 19 19 19 ce 19b 195 195 19b 19b 195 19rb Single -Engine Piston • Multi -engine Piston • Turboprop • Jet • Helicopter Figure 1.3 Based Aircraft Fleet Mix Forecast Source: FOOT (2015); AECOM Analysis (2018) City of Clearwater Clearwater Airpark Layout Plan 1-7 1.5 Critical Aircraft Evaluating existing airfield facilities and planning for improvements requires the identification of a Critical Aircraft. The Critical Aircraft relates airport design to the operational and physical characteristics of the most demanding aircraft that utilize the airfield on a regular basis. It sets dimensional requirements or key elements of an airport, such as the separation distance between runways, taxiways, and aircraft parking areas as well as other safety related features. According to FAA Advisory Circular (AC) 150/5000-17, Critical Aircraft and Regular Use Determination, an aircraft or grouping of aircraft with similar characteristics must conduct a minimum of 500 annual operations (local and itinerant) per year to be considered the Critical Aircraft. As previously noted, historical operational data at CLW, including specific aircraft models, is significantly limited. The 2000 CLW Master Plan cited the Piper Cheyenne as the Critical Aircraft. Based on information provided by the City, it is recommended the Piper Cheyenne is maintained as the Critical Aircraft. The Piper Cheyenne represents a grouping of aircraft with similar characteristics operating at the Airport and most of the existing airfield facilities satisfy the standards associated with this group of aircraft. 1.6 Operational Peaks Activity at an airport is inconsistent on a monthly, daily, and hourly basis. Facility requirements are often identified based on accommodating peak hour operations on the Average Day of the Peak Month (ADPM). Peak hour operations are used to identify requirements for aircraft parking positions for non -based aircraft, terminal/administration buildings, vehicular parking, and fuel storage. The number of peak hour operations in each forecast year was determined based on the following: Peak Month Operations —Standard forecasting practices often assume a 10% increase over the average monthly operations throughout the course of a year. However, due to seasonal weather variations, tourism, and the high percentage of recreational activity there are larger differences between summer activity levels at CLW. As such, the peak month was calculated at 25% above the monthly average. Average Day Peak Month Operations — Determined by the average number of daily operations during the peak month (30 days). Peak Hour Operations —Peak hour operations generally equate to between 12% and 20% of the ADPM operations. For the purpose of these forecasts, a peak hour of 15% of ADPM was used. Peak activity projections are summarized in Table 1.6. City of Clearwater 1-8 ClearwaterAirpark Layout Plan Table 1.6 Operational Peaks 2017 52,123 verage Month AverageDay Pea Peale ou Opeta tions GP Month.O,perations Operations 5,429 181 27 2018 52,644 5,484 183 27 2023 55,330 5,764 192 29 2028 58,152 6,058 202 30 2033 61,118 6,366 212 32 2038 64,235 6,691 223 33 Source: AECOM (2018) 1.7 Forecast Comparison to FAA TAF A comparison of the proposed forecasts to the FAA TAF is required by the FAA, particularly if FAA funding will be requested for any capital improvement project. The FAA TAF helps determine whether an airport satisfies funding eligibility requirements and to determine the relative priority of public funding available for capital improvements. Per FAA guidance, local forecasts that exceed 100,000 annual operations and/or 100 based aircraft are considered consistent with the TAF if they differ by Tess than 10% in the 5 -year forecast period and 15% in the 10 -year forecast period. According to FAA policy, differences must be resolved if the forecast is to be used in FAA decision-making and may involve revisions to the CLW submitted forecasts, adjustments to the TAF, or both. A summary of the CLW forecasts presented in this report and a comparison to the 2018 FAA TAF are summarized in Table 1.6 and Table 1.7 respectively. Forecast annual operations do not exceed 100,000 operations and do not require any further FAA review. The adopted FDOT forecasts of based aircraft for CLW significantly differ from the FAA's based aircraft forecast, predominantly the result of the FAA forecast starting at nearly half the amount of based aircraft reported by the City in 2017. However, the FAA TAF is based on a 20 -year AAGR that is nearly twice the FDOT forecasts (approximately 1.0% to 0.50% respectively). City of Clearwater 1-9 ClearwaterAirpark Layout Plan Table 1.7 Summary of Aviation Activity Forecasts Base Yr. Forecast Level of Aviation Activity Average Annual Compound Growth 2017 2018 2023 2028 2033 2038 2018 2023 2028 2033 2038 A. FORECAST LEVELS AND GROWTH RATES Air Carrier 0 0 0 0 0 0 0.00% 0.00% 0.00% 0i00Y6 0.00% Commuter 0 0 0 0 0 0 0.00% 0.00% 0.00% 0.00% 0.00% Total OPERATION 0 0 0 0 0 0 0.00% 0.00% 0.00% 0.00% 0.00% Itinerant Air 0 0 0 0 0 0 0.00Y6 0.0096 0.00Y6 0.00Y6 0.00% Air Taxi 31 31 33 34 36 38 1.0096 1.0096 1.00% 1.00Y6 1.0096 Total 31 31 33 34 36 38 1.00% 1.00% 1.00% 1.00% 1.00% General 5,193 5,245 5,512 5,794 6,089 6.400 1.0096 1.0096 1.0096 1.00% 1.00% Military 25 25 25 25 25 25 0.0096 0.00Y6 0.0096 0.00Y6 0.00% Local General 46.874 47,34 49,76 52,29 54,96 57,77 1.00Y6 1.0096 1.00Y6 1.00% 1.00Y6 Military 0 0 0 0 0 0 0.00Y6 0.00Y6 0.00Y6 0.00% 0.00% Total 52,123 52,64 55,33 58,15 61,11 64,23 1.00% 1.00% 1.00% 1.00% 1.00% Instrument 0 0 0 0 0 0 0.0096 0.00Y6 0.00Y6 0.00Y6 0.0096 Peak Hour 27 27 29 30 32 33 1.00% 1.00Y6 1.00Y6 1.00Y6 1.00Y6 Cargo/Mail 0 0 0 0 0 0 0.0096 0.0096 0.0096 0.0096 0.0096 BASED AIRCRAFT Single- 119 121 124 125 128 130 2.0196 0.40Y6 0.24Y6 0.36Y6 0.36% Multi- 14 14 15 15 16 17 2.43% 0.81% 0.65% 0.76% 0.78% Turboprop 0 0 0 0 0 0 Rotorcraft 6 6 7 8 9 11 4.5096 2.85% 2.69% 2.80Y6 2.82% Jets U 0 0 0 0 0 Others U 0 0 0 0 0 Total Based 139 142 146 149 153 157 2.16% 0.56% 0.41% 0.53% 0.57% 1.4 AVERAGE AIRCRAFT SIZE (SEATS) Air Carrier - Commuter AVERAGE ENPLANING LOAD FACTOR Air Carrier Commuter GA 375 371 379 390 399 408 -1.13% 0.44% 0.59% 0.47% 0.43% Source: AECOM (2018) City of Clearwater Clearwater Airpark Layout Plan 1'10 Table 1.8 Comparison of Derived and FAA TAF Forecast CLW Forecast FAA TAF TOTAL OPERATIONS Difference (%) 2018 52,644 50,590 4.1% 2023 55,330 50,590 9.4% 2028 58,152 50,590 14.9% 2033 61,118 50,590 20.8% 2038 64,235 50,590 27.0% BASED AIRCRAFT 2018 142 79 81.0% 2023 146 82 78.0% 2028 149 87 72.4% 2033 153 92 67.4% 2038 157 97 61.9% Source: AECOM (2018) Note: FAA TAF data is on a U.S. Government FY basis (October through September) City of Clearwater 1-11 ClearwaterAirpark Layout Plan Section 2.0 AIRPARK DEMAND / CAPACITY ANALYSIS AND IDENTIFICATION OF FACILITY DE VEL OPMENT NEEDS 2.1 Introduction The City of Clearwater ("City") is updating the Airport Layout Plan (ALP) and Capital Improvement Program (CIP) for the Clearwater Airpark (CLW or Airpark) based on existing and anticipated demand. The Airpark has experienced increasing demand for use of their facilities over the past few years and has identified an immediate need for additional and/or improved facilities, including aircraft storage and terminal facilities. The purpose of this report is to identify the facilities recommended to accommodate the anticipated demand in the near-term (0-5 years), intermediate-term (6-10 years), and Tong -term (11-20 year) planning periods. Facility requirements are calculated based on the aviation activity forecasts previously submitted and visual observations, as well as consultation with Airport staff. The capacities of specific airport facilities, such as the airfield, terminal facilities, aircraft parking areas, support facilities, and automobile parking are evaluated to determine if they are capable of accommodating forecast levels of demand without incurring unacceptable decreases in service levels. Wherever deficiencies are identified, the number and size of facilities needed to address capacity shortfalls are determined. Based on the analyses summarized in subsequent sections, the following facility improvements are recommended: Obtain control of unowned parcels with the Approach Runway Protection Zone (APRZ) and Departure Runway Protection Zone (DPRZ) to the extent practical Mitigate non-standard taxiway geometries Rehabilitate pavement per the Florida Department of Transportation (FDOT) pavement management report Maximize operational safety of aircraft parking areas through aircraft wingspan restrictions on taxilanes or relocation/reconfiguration of parking positions 5 additional transient parking positions immediately and another 3 by the end of the planning horizon for a total of 15 in 2038 15 additional T Hangar units 2 additional conventional hangars Expand the terminal building to roughly 12,500 Square Feet (SF) Increase the number of vehicle parking spaces from 25 to 104 Provide a new secured maintenance shed for storage of the recently purchased tractor Reserve the 75 -acre site currently occupied by The Landings Golf Club for aeronautical / non - aeronautical purposes City of Clearwater 2-1 Clearwater Airpark Layout Plan 2.2 Critical Aircraft Evaluating existing airfield facilities and planning for improvements requires the identification of a Critical Aircraft. The Critical Aircraft relates airport design to the operational and physical characteristics of the most demanding aircraft that utilize the airfield on a regular basis. It sets dimensional requirements or key elements of an airport, such as the separation distance between runways, taxiways, and aircraft parking areas as well as other safety related features. According to FAA Advisory Circular (AC) 150/5000-17, Critical Aircraft and Regular Use Determination, an aircraft or grouping of aircraft with similar characteristics must conduct a minimum of 500 annual operations (local and itinerant) per year to be considered the Critical Aircraft. The determination of a future Critical Aircraft is based on an FAA approval of the forecasts. The forecast, as submitted to the FAA, must include a projection of the number of annual operations by the future Critical Aircraft for the planning horizon. The FAA defines two primary parameters for planning airfield facilities: Runway Design Code RDC) and Taxiway Design Group (TDG). The RDC identifies standards for the design of runway pavement and safety areas while the TDG defines specifications for design of taxiway pavement. The RDC is composed of the Aircraft Approach Category (AAC), Aircraft Design Group (ADG), and runway visibility minimums (defined by runway visual range values). The AAC (defined by a letter) relates to aircraft approach speed while ADG (defined by a numeral) relates to aircraft wingspan and tail height. Table 2.1 depicts the criteria used to determine the RDC. Table 2.1 Runway Design Code Classifications It Category Approach Speed (knots) Typical Aircraft Size A* 91 Small single-engine Example Aircraft Pilatus PC -12 B* C D E 91-120 121-140 Small multi -engine Short medium -range Beech 200 Super King Air A318 141-165 166 Long Range Military B737-800; B747-8 Military Group4'1~ Wingspan(feet) a Tail Height (feet) Typical Aircraft Size Example Aircraft 20 Single & multi -engine King Air 100 II 49 < 79 20 < 30 Commuter Aircraft Beech 200 Super King Air; Pilatus PC -12 49 III IV V VI 79 < 118 30<45 Narrowbody B737 118<171 171 < 214 45<60 60 < 66 Widebody Widebody B757 / B767 B777 214<262 66 < 80 Jumbo Commercial A380 Runway Visual Rage (feet) Visibility Minimums Flight Visibility Category((Statute Mile) VIS Visual Only 5000 4000 2400 1600 1200 Not lower than 1 mile Lower than 1 mile but not lower than'/. mile Lower than '/A mile but not lower than %2 mile Lower than 1/2 mile but not lower than 1/4 mile Lower than '/4 mile Source: FAA AC 150/5300-13A (Change 1), Airport Design Aircraft with a maximum certificated takeoff weight of 12,500 pounds orless are classified as "small" aircraft City of Clearwater ClearwaterAirpark Layout Plan 2-2 Conversely, the TDG is a function of an aircraft's main landing gear width and as well as its location relative to the cockpit. Figure 2.1 depicts the various TDGs per FAA guidelines. TDG s TDG-7 20 0 TOG -2 TDG-1B _ 0 10 20 30 MAIN GEAR WIDTH (FEET) Figure 2.1 FAA Taxiway Design Groups Source: FAA Advisory Circular 150/5300-13A, Airport Design (Change 1) 40 50 On occasion, the Critical Aircraft for runways and safety areas may be different than the Critical Aircraft for taxiways due to differences in aircraft wingspans, tail heights, and location of the main - gear. For example, the Cessna Citation Mustang jet is an ADG I and TDG 2 aircraft while the Cessna Citation X is an ADG II and TDG 1B aircraft. In this instance, the Citation X would be the Critical Aircraft for runways and safety areas (including taxiways) but the Citation Mustang would be the Critical Aircraft for taxiway design (taxiway width, shoulder width, and fillet design). As previously noted, historical operational data at CLW, including specific aircraft models, is significantly limited. The 2000 CLW MPU cited the Piper Cheyenne (B -I-2) as the existing Critical Aircraft and the Cessna Citation Jet CJ2 (B -II -2) as the future Critical Aircraft. For the purposes of this ALP Update. it is recommended the Piper Cheyenne be utilized as the Critical Aircraft. 2.3 Airside Facilities The primary airside facilities (runways, taxiways, and navigational aids) each have a crucial role in the operational capacity, safety, and efficiency of the Airport. 2.3.1 Runway System The runways are the fundamental component supporting air transportation at any airport. The runway system is a combination of the structural pavement used for takeoffs and landings, shoulders, blast pads, safety areas, protection zones, and obstruction identification surfaces. The following evaluates the existing runway system and future requirements for each component. City of Clearwater 2-3 Clearwater Airpark Layout Plan 2.3.2 Number of Runways The required number of runways at an airport is based on the annual and hourly demand of the airfield as well as the prevailing wind conditions. The 2000 Master Plan calculated the annual capacity of the airfield, based on FAA guidance, at roughly 157,000 operations and the hourly capacity during visual meteorological conditions (VMC) at 71 operations. Therefore, the existing airfield provides sufficient capacity for the forecast number of operations. The FAA also recommends the orientation of runways provides at least 95% wind coverage for the aircraft forecast to use the Airport on a regular basis. Wind data was obtained from the National Centers for Environmental Information (NCEI) for the 10 -year period 2008-2017 at station 722110 (Tampa International Airport). Wind data from stations closer to CLW was either unavailable or incomplete for use in this analysis. The percentage of wind coverage is based on the maximum allowable crosswind component for the aircraft that utilize the Airport on a regular basis. The maximum allowable crosswind component is 10.5 knots for A -I and B -I aircraft and 13 knots for A -II and B-11 aircraft. Table 2.2 summarizes the wind coverage at CLW under all-weather conditions (119,749 observations), VMC (94,845 observations), and Instrument Meteorological Conditions (6,845 observations). Runway 16-34 provides at least 95% wind coverage in all conditions and crosswind components except in IMC and a 10.5 knot crosswind. Since IMC operations at CLW are minimal, a crosswind runway is not recommended at CLW to accommodate operations by A -I and B -I aircraft in these conditions. Table 2.2 Wind Coverage 0—,14of All -Weather 95.90% 97.98% VMC 96.03% 98.10% IMC 92.91% 95.73% Source: NCEI; AECOM Analysis 2.3.3 Runway Length Requirements The operating length of a runway is its most important functional element. The length of the primary runway should support the most demanding aircraft operating at a takeoff weight required to reach its destination, otherwise known as the stage length. The required runway length is determined based on the guidelines provided in FAA AC 150/5325-4B, Runway Length Requirements forAirport Design. Since most, if not all, of the aircraft regularly operating at CLW have a MTOW less than 12,500 pounds, the runway length requirement for CLW is approximately 3,200 feet, per Paragraph 205 and Figure 2-1 in FAA AC 150/5325-4B, Runway Length Requirements forAirport Design. At a length of 4,108 -feet, existing Runway 16-34 is sufficient to accommodate the aircraft operating at CLW. 2.3.4 Runway Geometry and Safety The geometry of an airfield is subject to the FAA airport design standards which provide for safe operations and consistency among the nation's airports. Runway 16-34 only provides a visual City of Clearwater 2-4 Clearwater Airpark Layout Plan approach to each end. Accordingly, Table 2.3 compares the FAA standards for B -I runway with a visual approach (B -I -VIS) against existing conditions. Although the existing runway does not have paved shoulders or blast pads, they are not required. However, the FAA recommends turf, aggregate -turf, soil cement, lime or bituminous stabilized soil adjacent to paved surfaces accommodating ADG-I and II aircraft such as Runway 16-34. Runway end blast pads are also not required for jet blast erosion control but are recommended to be included on the ALP in the event the City selects to provide them. The Runway Protection Zone (RPZ) is a trapezoidal area at each runway end and/or threshold. The main purpose of the RPZ is to protect people and property on the ground. The FAA recommends airports gain control of the RPZs. While it is desirable to keep the entire RPZ clear of all above -ground objects, RPZs should be maintained clear of all incompatible activities at a minimum. Per the FAA, permissible land uses within RPZs include: Farming Irrigation channels Airport service roads Underground facilities Unstaffed NAVAIDS and facilities (only if fixed by function) The FAA also recommends airports coordinate with the Airports District Office (ADO) to remove or mitigate the risk of any existing incompatible land uses in the RPZ as practical, including public roads. The RPZ includes both an ARPZ and a DRPZ. The ARPZ is located 200 feet from the runway threshold. The DRPZ begins 200 feet beyond the runway end, or the far end of the runway end. The size of the ARPZ and DRPZ are the same for both runway ends. It is recommended the Airport obtain control of parcels within the APRZs and DRPZs to the extent practical. City of Clearwater 2-5 ClearwaterAirpark Layout Plan Table 2.3 Existing Runway Design Visibility Minimums Visual Visual Runway Geometry Runway Design Code (RDC) B -I -VIS B -I -VIS Runway Length 3,200 4,108 Runway Width 60 75 Shoulder Width 10 Blast Pad Width 80 Blast Pad Length 60 Runway Separation Holding Position 125 125 Parallel taxiway/taxilane centerline 150 150 Aircraft parking area 125 200 Runway Safety Area (RSA)1 Length beyond runway end 240 240 Length prior to threshold 240 240 Width 250 250 Runway Object Free Area (ROFA)1 Length beyond runway end 240 240 Length prior to threshold 240 240 Width 250 250 Runway Obstacle Free Zone (ROFZ) Length beyond runway end 200 200 Width 250 250 Approach and Departure Runway Protection Zone (ARPZ and DRPZ)2 Length 1,000 1,000 Inner Width 250 250 Outer Width 450 450 Source: FAA AC 150/5300-13A (Change 1), Airport Design, Table 3-5 Notes: The Runway 16 RSA and ROFA is partially outside the existing airport property on undeveloped land 2 The APRZ and DRPZ are not entirely within airport owned or controlled property 2.4 Taxiway System The taxiway system of an airport provides for the safe and efficient movement of aircraft between the runways, terminal area, and general aviation facilities. The following evaluates the taxiways according to design standard and operational efficiency from a runway exit perspective. City of Clearwater ClearwaterAirpark Layout Plan 2-6 2.4.1 Taxiway Design Taxiway design standards are based on the ADG and TDG of the aircraft using the taxiways. ADG affects the protection areas, separation standards, and wingtip clearances. TDG determines the width, taxiway edge safety margin (TESM), and shoulder width. A comprehensive review of the existing TESM (main -gear horizontal clearance) available was not completed as part of this analysis. However, proposed taxiway improvements, if any, will adhere to the FAA design standards. The design requirements that apply to taxiways at CLW are summarized in Table 2.4. The FAA standards can be adjusted for aircraft specific operational areas. For example, if an aircraft parking area is restricted to aircraft with wingspans of 37 -feet or less (a large majority of single-engine aircraft), the taxilane to fixed/movable object separation is 32.2 -feet which is equal to 0.6 times the wingspan plus 10 -feet. Table 2.4 FAA Taxiway Standards Protection Taxiway Safety Area 49' Taxiway Object Free Area 89' Taxilane Object Free Area 79' Taxiway Separation Parallel taxiway/taxilane centerline 70' Fixed and/or Movable Object 44.5' Taxilane Separation Parallel taxilane centerline 64' Fixed and/or Movable Object 39.5' Wingtip Clearance Taxiway 20' Taxilane 15' Item TDG 2 Pavement Design Taxiway Width 35' Taxiway Shoulder Width 15' Taxiway Edge Safety Margin (TESM) 7.5' Source: FAA AC 150/5300-13A (Change 1), Airport Design Figure 2.2 illustrates the existing aircraft parking areas at CLW, including the ADG 1 taxilane separation standards. City of Clearwater 2-7 Clearwater Airpark Layout Plan Bender Aviation Services S GVFRg Unused Hardstand TYPical) Figure 2.2 Existing Aircraft Parking Areas TBA: Tampa Bay Aviation The following summarize the existing issues and recommended improvements: Two hardstand pads are within the ADG I Taxilane Object Free Area (TOFA) for the taxilane accessing Bender Aviation Services; it is recommended these hardstands are not used for aircraft parking The taxilane accessing hardstands on rows M and L does not provide a standard ADG I TOFA; it is recommended these rows are modified to provide a TOFA that provides sufficient clearance for the aircraft that typically use these hardstands (i.e., aircraft with wingspans less than 37 -feet) Similarly, the turf taxilane accessing the Tampa Bay Aviation (TBA) rows does not provide sufficient clearance for aircraft that typically utilize these positions; therefore, it is recommended the hardstands are modified to provide a TOFA specific to the aircraft utilized by TBA The taxilane accessing the transient aircraft parking positions provides a standard ADG I TOFA; however, pavement markings are recommended to identify the aircraft parking restriction line (APRL) Similarly, APRL markings are recommended for hardstands along row K and the 3 south end parking positions The separation between Transient positions 3 and 4 (centerlines) is limited to approximately 38 -feet; therefore, it is recommended that either the aircraft parking at these positions are restricted or Position 4 is widened to improve the separation The existing taxilanes accessing covered parking (T -Hangars and Shade hangars) have varying TOFAs but none satisfy ADG I standards; accordingly, it is recommended access to City of Clearwater 2-8 ClearwaterAirpark Layout Plan these hangars is restricted to aircraft with wingspans proportionate to the TOFA available, providing a minimum recommended wingtip clearance of 10 -feet 2.4.2 Taxiway Configurations FAA design standards emphasize safe and efficient taxiway configurations while minimizing excess pavement, including improvements to existing taxiway geometry and removal of pavement, when necessary, to minimize the risk of runway incursions. Several taxiway configurations are identified in the FAA standards as increasing the potential risk of a runway incursion. As illustrated in Figure 2.3, there are four locations at CLW which the FAA considers non-standard as they allow direct access from an apron area to a runway. Solutions to mitigate these non-standard conditions will be evaluated as part of the alternatives analysis. Tampa Bay Aviation Bender Aviation , Services tili#a1 /8ftw JI /, l,/ / !t 1#t!// A Runway 16-34 Figure 2.3 Non -Standard Taxiway Configurations 2.4.3 Pavement Condition FDOT sponsors an airfield pavement management program for numerous public airports to prioritize pavement maintenance and rehabilitation, determine maintenance scheduling, performing material evaluations and supporting design considerations." Figure 2.4 depicts the currently available conditions as reported by FDOT in June 2015. LEGEND PCI 86-100 GOOC 1 71-85 SATISFACTORY 7 56-70 FAR 7 41-55 PCOR a 26-40 VER1 POOR Pa 11-25 SERIOUS PO 0-10 RAILED 1. V,04, q,Handstands eine T -Hangars a 4m 4 Shade mac. ' % r7 z-',./ Hangars Bender Aviation (' /"/j% % i7lServicesTransientAircraft///1//, i i ,7 7 Han ars9TampaBayParkingf'/ H ii /IT 77 Aviation .iiTerminal, \ /, ;/ j/ /G/ rL /? 1\ le Handstands // , . A Runway 16-34 Figure 2.4 FDOT 2015 Pavement Condition Report Source: FDOT Statewide Airfield Pavement Management Program (June 2015) City of Clearwater ClearwaterAirpark Layout Plan 2-9 Runway 16-34 and Taxiway A (as well as all connector taxiways) are in good condition. The FDOT report identified approximately $2.6 million in near-term (2015) major rehabilitation needs for the Tampa Bay Aviation hangar apron (poor), the Bender Aviation Services hangar apron (very poor), the taxilanes accessing the hardstand rows K, L, M, and N (poor) and J (fair) as well as those accessing covered parking areas C (north), D, E, F, G, H, and I (fair). The FDOT report also identified a $406,000 major rehabilitation of the taxilanes accessing T -Hangars A, B, and C (south) in 2018 (satisfactory). Preventive maintenance during the FDOT report's 10 -year planning horizon included another $615,000 in preventative maintenance for an estimated program total of 3.62 million. Since no major pavement rehabilitation has been completed since the 2015 FDOT report, it is recommended the maior rehabilitations and preventative maintenance projects are included in CLW's Capital Improvement Program (CIP). 2.4.4 Navigational Aids Both runway ends 16 and 34 are equipped with a 4 -Box Visual Approach Slope Indicator (VASI). These systems are owned and maintained by the FAA. These visual aids adequately satisfy the needs of these runways. Runway 16-34 is equipped with medium intensity runway edge lighting (MIRL). This lighting satisfies the FAA standard for the approach visibility minimums of each runway and is sufficient to accommodate existing and future aircraft operations. All the existing taxiways at CLW have Medium Intensity Taxiway Lights (MITL). This lighting is sufficient to satisfy existing and future operational requirements. The primary wind cone is located at the approximate midpoint of the runway, on the west side. A second supplementary wind cone can be found mounted on the western end of a series of T hangars located east of the Runway 34 threshold. A segmented circle to indicate the non- standard airport traffic pattern is marked on the Runway near the 34 end. A study was completed in 2015 to access the impacts associated with implementing a non - precision instrument approach procedure at CLW. The impacts the study identified include: Increased CFR Part 77 Civil Airport Imaginary Surfaces Primary Surface to width of 500 feet Transitional Surfaces will be penetrated by trees and buildings Approach Surface trapezoid will be larger (albeit at Slope of 20:1) Runway Protection Zone will be larger and will have incompatible land uses per Interim RPZ guidance 150/5300-18B survey Will NOT pickup objects appropriate to CFR Part 77 or TERPS Departure Surfaces for NP LNAV GPS Approach NGS Survey conducted in 2011 for LPV approach to Runway 16 LPV approach will introduce TERPS OCS Surfaces, Larger Approach Surface and Larger RPZ City of Clearwater 2-10 Clearwater Airpark Layout Plan 2.5 General Aviation Facilities Facility requirements for General Aviation (GA) facilities are determined from a variety of available guidance, but primarily includes: FAA Advisory Circular 150/5300-13A (Change 1), Airport Design Transportation Research Board (TRB) Airport Cooperative Research Program (ACRP) Report 113: Guidebook on General Aviation Facility Planning 2.5.1 Aircraft Parking & Storage Aircraft parking facilities typically requires a Targe area because they require adequate aircraft storage hangars, tie -down positions, clearance from other fixed and/or movable objects, and access to/from the airfield. The following sections summarize the requirements for the aircraft parking facilities. Table 2.5 Aircraft Parking and Hangar Storage Requirements Single -Engine Based Aircraft 119 123 125 127 129 131 Multi -Engine 14 14 14 15 15 16 Helicopters 6 6 7 8 10 11 Total Based GA Aircraft 139 143 146 150 154 T -Hangar Units' 87 96 97 99 101 102 T -Hangar Unit Surplus/(Deficiency) Conventional Storage Hangars 3 9) (10) (12) (14) (15) 4 4 5 5 5 Conventional Storage Hangars Surplus/(Deficiency) (1) (1) Total Based Aircraft in Storage Hangars 97 108 109 113 2) 2) 2) 116 Based Aircraft Parked at Hardstands2 42 35 37 37 38 38 Based Aircraft Hardstands Surplus/(Deficiency) 6 13 11 11 10 10 Transient Aircraft at Hardstands 12 12 13 13 14 15 Transient Aircraft Hardstands Surplus/ (Deficiency) 5) 5) 6) Total Recommended Hardstands 54 ! 47 50 6) (7) (8) 50 Surplus/(Deficiency) with Hangar Development 6) 1 (2) (2) (4) (5) Surplus/(Deficiency) without Hangar Development (6) (10) (14) (18) (23) (27) Notes: The existing T -Hangars units are 100% occupied 2 Existing number of hardstand positions only include those paved for aircraft parking 2.5.1.1 Aircraft Hangars Hangar storage at CLW is provided via T -Hangars and conventional hangars. T -Hangars are multi -unit hangar buildings typically utilized for small ADG I aircraft with wingspans less than 49 feet. The size of a T -Hangar building is dependent upon the type and number of units it accommodates. For example, the type of T -Hangar buildings at CLW are in a nested configuration which allows access from both sides of the building, creating a shorter but wider structure. Conventional hangars can accommodate aircraft larger than an ADG I. The size of a conventional City of Clearwater ClearwaterAirpark Layout Plan 2-11 hangar is dependent upon the type and number of aircraft to be stored. Conventional hangar buildings are primarily provided as single -unit structures but can also include multi -unit structures. The following planning parameters were used for determining hangar requirements: The existing 87 T Hangar and Shade Hangar units are 100 percent occupied Storage of based single-engine aircraft is based on the following: 69 percent will be stored in THangars or Shade Hangars 30 percent will be stored at tie -down positions 1 percent will be stored in a conventional hangar Storage of based multi -engine aircraft is based on the following: 75 percent will be stored in T -Hangars or Shade Hangars 25 percent will be stored in conventional hangar Storage of based helicopters is based on the following: 15 percent will be stored in T Hangars or Shade Hangars 85 percent will be stored in conventional hangar A single conventional hangar can accommodate more than one aircraft in the hangar, including either: 2.5 single-engine or multi -engine aircraft; or 4 helicopters It is recommended that space is reserved for 15 additional THangar units (number of structures to be determined) and two additional conventional storage hangars based on anticipated demand. 2.5.1.2 Aircraft Parking Apron Appendix C of the ACRP Guidebook for General Aviation Facility Planning provides a method for determining the number of aircraft tie -down positions utilizing annual transient operations. For the purposes of this analysis, itinerant general aviation operations are considered transient. The ACRP formula for calculating number of parking spaces is: X/2*T) / 365 * P = Number of Transient Parking Positions Where, X = number of forecast operations (general aviation) T = percent of operations which are transient (40 percent for CLW) P = percent of transient aircraft that are parked on the apron at the same time (80 percent for CLW). Based on existing and forecast operations, the number of parking spaces required is currently 12 and will increase to 15 in 2038. Since CLW only has 7 existing aircraft parking positions available for transient operations, there is an immediate need for 5 additional transient aircraft parking positions and a total of 15 throughout the planning horizon. City of Clearwater 2-12 ClearwaterAirpark Layout Plan 2.5.2 Terminal The ACRP Report 113 provides a method for sizing the GA Terminal building based on peak -hour operations and occupancy. The method's planning factors consist of 2.5 people per peak hour operation, and 100 SF to 150 SF of space per person. For planning purposes, 150 SF per person was used to account for the additional spaces required for flight training activities by Tampa Bay Aviation. However, the actual size will be determined during planning and design of the facility based on the needs of the City and its tenants. Table 2.6 summarizes the recommended terminal building size based on the aviation activity forecasts. Table 2.6 GA Terminal Building Size Recommendation 2017 27 arsons, pE 2.5 150 10,125 2018 27 2.5 150 10,125 2023 29 2.5 150 10,875 2028 30 2.5 150 11,250 2033 32 2.5 150 12,000 2038 33 2.5 150 12,375 Source: ACRP Report 113; AECOM Analysis 2.5.3 Vehicle Parking The existing terminal building includes 25 vehicle parking spaces. The City indicated the parking spaces are 100 percent occupied during peak periods. ACRP Report 113 (Exhibit 5-48) recommends providing a minimum of 2.5 parking spaces per peak hour operation and 1 space for every 200 SF of office or operations area within the building. For the purposes of this analysis, it was assumed vehicle parking for hangars would occur at the tenant's hangar and are not included in the facility requirements. As summarized in Table 2.7 and based on the estimated peak hour operations, there is an immediate need for an additional 49 vehicle parking spaces and 79 additional vehicle parking spaces in 2038 for a total of 104 vehicle parking spaces. Table 2.7 GA Terminal Vehicle Parking Space Recommendations 2.5 spaces per peak -hour operation 67 68 71 75 79 1 space per 200 SF of Office/Operations Area 7 21 22 24 25 Total Recommended Vehicle Parking Spaces 25 74 90 99 104 Vehicle Parking Spaces Surplus/ (Deficiency) Source: ACRP Report 113; AECOM Analysis 49) (65) (69) (74) 79) City of Clearwater ClearwaterAirpark Layout Plan 2-13 2.6 Support Facilities Support facilities analyzed in this section include the airport maintenance and fuel storage facilities. 2.6.1 Airport Maintenance Historically, the Airport shared landscape maintenance duties with an external contractor. The Airport has recently purchased a large tractor for mowing of grass and other airport maintenance purposes in order to eliminate the need for an external contractor. The two 300 SF maintenance sheds adjacent to the existing terminal are not large enough to store the new tractor. Therefore, a new maintenance storage shed is recommended to provide secure shelter for the new tractor. 2.6.2 Fuel Storage An adequate supply of fuel is necessary to minimize the frequency of fuel deliveries and the potential impacts to aircraft operations. Based on the operational characteristics of CLW and for the purposes of this analysis, it is recommended that the City maintain a fuel storage capacity of 14 days. Two types of fuel are available at CLW: AvGas (100 low lead) and Jet -A. AvGas is primarily used by GA piston aircraft operators and Jet -A is used by the Air Taxi, Military, and GA turboprop operators. The existing storage capacity at CLW is 12,000 gallons of AvGas and 12,000 gallons of Jet -A. Fuel sales data for 2016 was obtained from the City for the purposes of this analysis. GA operations typically include several short-term flights such as touch-and-go's or local sightseeing which do not utilize a large amount of fuel and/or flights to nearby airports where fuel may be purchased prior to returning to CLW. Consequently, the average amount of AvGas demand per operation in 2016 is relatively low at approximately 3 gallons per operation. Jet -A fuel storage requirements were determined utilizing a demand of 43 gallons per Jet -A operation. For the purposes of this analysis, a Jet -A operation includes all Air Taxi and Military operations as well as 1 percent of all GA operations. As summarized in Table 2.8, the existing fuel storage supply for AvGas and Jet -A is sufficient to provide a 14 day supply throughout the planning horizon. City of Clearwater 2-14 Clearwater Airpark Layout Plan Table 2.8 Fuel Storage Capacity Recommendations Average Day Peak Month (ADPM) Operations' 181 183 192 202 212 223 ADPM Jet -A Operations 2 2 2 2 2 2 ADPM Jet -A Demand per Operation (gallons/ops)2 43 43 43 43 43 43 ADPM Jet -A Demand (gallons) 86 87 91 96 100 105 Existing Jet -A Storage Capacity (gallons) 12,000 12,000 12,000 12,000 12,000 12,000 Existing Jet -A Storage Capacity (days)3 139 138 132 126 120 114 Jet -A Storage Capacity Required (gallons) 1,205 1,217 1,276 1,339 1,404 1,473 Existing Jet -A Storage Capacity Surplus / (Deficit) 10,795 10,783 10,724 10,661 10,596 10,527 ADPM AvGas Operations 179 181 190 200 210 221 ADPM AvGas Demand per Operation (gallons/ops)2 3 3 3 3 3 3 ADPM AvGas Demand (gallons) 537 542 570 599 630 662 Existing AvGas Storage Capacity (gallons) 12,000 12,000 12,000 12,000 12,000 12,000 Existing Gas Storage Capacity (days)3 22 22 21 20 19 18 AvGas Storage Capacity Required (gallons) 7,517 7,592 7,980 8,387 8,815 9,265 Existing AvGas Storage Surplus / (Deficit) 4,483 4,408 4,020 3,613 3,185 2,735 Includes all operations tunes 2 Based on 2016 Fuel Sales data 3 A storage capacity of 14 days is recommended 2.7 Land Use The property boundary of CLW includes a 75 -acre site currently occupied by The Landings Golf Club and zoned as Open Space / Recreational by the City of Clearwater. The lease for this site will expire within the planning horizon of this ALP Update and may not be renewed by the City of Clearwater and/or The Landings Golf Club. Airports are recognizing the opportunity to utilize surplus land for revenue generating purposes such as corporate hangars and/or industrial parks. It is recommended this site is reserved for aeronautical and/or non -aeronautical purposes in the event the lease is not renewed. A public referendum will be required to change the zoning of this parcel from Open Space / Recreational to Commercial / Industrial. City of Clearwater 2-15 Clearwater Airpark Layout Plan 2.8 Summary of Recommendations Based on the analyses summarized in previous sections, the following facility improvements are recommended: Obtain control of unowned parcels with the APRZ and DPRZ to the extent practical Maximize operational safety and efficiency of aircraft parking areas through aircraft wingspan restrictions on taxilanes or relocation/reconfiguration of parking positions Mitigate non-standard taxiway geometries Rehabilitate pavement per FDOT pavement management report 5 additional transient parking positions in the near-term and a total of 15 throughout the planning horizon 15 additional THangar units 2 additional conventional hangars Expand the terminal building to roughly 12,500 SF Increase the number of vehicle parking spaces from 25 to 104 Provide a new secured maintenance shed for storage of the recently purchased tractor Reserve the 75 -acre site currently occupied by The Landings Golf Club for aeronautical / non - aeronautical purposes City of Clearwater 2-16 ClearwaterAirpark Layout Plan Section 3.0 ALTERNATIVES ANALYSIS 3.1 Introduction The City of Clearwater ("City") is updating the Airport Layout Plan (ALP) and Capital Improvement Program (CIP) for the Clearwater Airpark (CLW or Airpark) based on existing and anticipated demand. The Airpark has experienced increasing demand for use of their facilities over the past few years and has identified an immediate need for additional and/or improved facilities, including aircraft storage and terminal facilities. The purpose of this report is to identify and evaluate development alternatives recommended to accommodate the facility requirements provided in Working Paper #2, which included: Obtain control of unowned parcels with the Approach Runway Protection Zone (APRZ) and Departure Runway Protection Zone (DPRZ) to the extent practical Mitigate non-standard taxiway configurations Rehabilitate pavement per the Florida Department of Transportation (FDOT) pavement management report Provide blast pads for both runway ends Maximize operational safety of aircraft parking areas through aircraft wingspan restrictions on taxilanes or relocation/reconfiguration of parking positions Provide 8 additional transient parking positions and 56 total aircraft parking positions 15 additional T -Hangar units 2 additional conventional hangars Expand the terminal building to roughly 12,500 Square Feet (SF) Increase the number of vehicle parking spaces from 25 to 104 Provide a new secured maintenance shed for storage of the recently purchased tractor Provide a new Airport Rotating Beacon Reserve the 75 -acre site currently occupied by The Landings Golf Club for aeronautical / non - aeronautical purposes City of Clearwater 3-1 Clearwater Airpark Layout Plan 3.2 Evaluation Criteria The FAA recommends a standard set of criteria to evaluate development alternatives according to an airport's unique situation. The evaluation process should feature "generally accepted planning principles, be replicable, consistently applied, and well documented."' Similarly, the Florida Department of Transportation (FDOT) 2016 Guidebook for Airport Master Planning states a set list of selection criteria or influencing factors should be identified to help evaluate and select the recommended plan." Accordingly, a set of evaluation criteria were established for use in the alternatives analysis. The criteria are strategic, qualitative, and quantitative to ensure that the evaluation process remained at a master planning level of detail. The selected criteria include the following: 1. Achievement of the Objective: This is primarily based on achieving the specific need identified in the Facility Requirements. Alternatives are assessed and ranked based on the degree to which it satisfies the objective. 2. Airport Design Standards: The proposed development should satisfy all applicable airport design standards and maintain or improve the safety and efficiency of the Airpark. 3. Flexibility: The alternative should support a reasonable level of flexibility to accommodate changes in demand, including the ability to be expanded in the future. 4. Collateral Impacts: This evaluates the extent to which an alternative requires changes or improvements to existing Airpark facilities which otherwise would not require changes or improvements. For example, mitigation of existing stormwater drainage features due to a proposed structure. 3.3 Development Constraints Certain features or operational factors of the Airpark represent constraints to development due to the costs associated with impacts, political and/or socioeconomic factors, and/or operational safety. Within the existing property boundary of CLW, these constraints include existing infrastructure and environmental features as depicted in Figure 3.1. 1 FAA Advisory Circular 150/5070-6B, Airport Master Plans, paragraph 904 City of Clearwater 3.2 Clearwater Airpark Layout Plan Natural Gas Filling Station Marymount Park Figure 3.1 Development Constraints Source: RDM Intemational, Inc. (2018) Legend Existing Structure CLW Tree Drainage Feature Runway Protection Zone oa Leased Site 3.3.1 Infrastructure Constraints Existing infrastructure constraints at CLW include: Clearwater Gas System Natural Gas Filling Station located at the entrance of the Airpark on North Hercules Avenue Existing Automated Weather Observation System (AWOS) located within the aircraft hardstand parking area adjacent to the T -Hangars Existing Visual Approach Slope Indicator (VASI) system components at the Runway 34 end The City of Clearwater Water System Maintenance complex at the north end of the Airpark The Landings Golf Club west of the airfield (while this land may be available for development at some time in the future, no development was proposed on this site for this planning period) 3.3.2 Environmental Constraints The primary environmental constraints at CLW include existing drainage features. While these drainage features can be mitigated to accommodate new development, there are typically high costs associated with mitigation requirements. Additionally, an existing 100 plus year-old tree located just outside the existing terminal was also considered a development constraint as it is a widely recognized and valued feature of the Airpark. 3.3.3 Operational Constraints Operational constraints, other than those associated with aircraft movement safety areas such as the taxiway object free area, include the Runway Protection Zones (RPZs). Based on current FAA design guidelines, no development is proposed inside the RPZs. City of Clearwater 3-3 Clearwater Airpark Layout Plan 3.4 Development Alternatives This section evaluates several alternatives to address the capacity, efficiency, and safety requirements previously summarized. However, some improvements were not subject to an alternatives analysis if they were recommended to satisfy FAA design standards or restricted by the development constraints summarized in the previous section, including: Blast pads at both runway ends Mitigation of direct access from the aircraft hardstand parking area to the runway Aircraft hardstand parking reconfiguration Key elements of the existing hardstand parking area are illustrated in Figure 3.2. Bender Aviation Services Unusable Hardstands Typical) Legend Restricted Taxilane OFA Standard Taxiway/Taxilane OFA Figure 3.2 Existing Hardstand Parking Areas Source: RDM International, Inc. (2018) The existing taxilane from the transient hardstand positions allows for direct access to the runway via Taxiway A6. To mitigate this condition, relocation of the taxiway connector between Taxiway A and Runway 16-34 is recommended. The existing VASI system restricts relocation of this connector to the south. Therefore, it is proposed that the existing connector is removed, and a new connector is constructed south of the existing connector as illustrated in Figure 3.3. Reconfiguration of the hardstand parking Rows K and N (16 positions), as well as transient parking positions 1-5, is restricted by the existing AWOS and drainage ditch parallel to Taxiway A. Therefore, it is recommended the existing condition is maintained due to cost associated with mitigating these restrictions. City of Clearwater ClearwaterAirpark Layout Plan 3-4 Similarly, the reconfiguration of existing hardstand parking Rows M and L as well as the Tampa Bay Aviation positions are restricted by the existing tree outside the terminal and a drainage ditch parallel to Taxiway A. However, reconfiguration of this area is recommended to maximize the number of aircraft hardstand positions and operational safety. As illustrated in Figure 3.3, reconfiguration of this area includes realignment and expansion of the hardstand parking rows, relocation of helicopter pads, and new transient parking hardstand pads. The taxilane accessing transient parking positions will provide ADG II aircraft access which requires an expansion of the transient hardstand pads 2-5 to maintain adequate wingtip clearance. A total of 56 aircraft hardstand parking positions is provided. Three new hardstand parking positions east of the existing fuel farm are also proposed for use by Bender Aviation. These will replace the two existing unusable positions that are currently within the taxilane object free area. These positions are used exclusively by Bender Aviation and are not included in the total number of aircraft parking positions available for based or transient aircraft. DG 1 TAXILANE Proposed Hardstand Area Reconfiguration Taxiway A6 Demolish existing Proposed Taxiway A6 Relocation Figure 3.3 Standard Recommended Improvements Source: RDM International, Inc. (2018) Proposed Btast-Pad City of Clearwater Clearwater Airpark Layout Plan 3-5 3.4.1 T -Hangars The anticipated demand within the planning horizon indicates an additional 15 T -Hangar units canbesupportedattheAirpark. Each T -Hangar structure can accommodate multiple units. For the purposes of this analysis, two T -Hangar structures are proposed to accommodate the recommended 15 additional units. 3.4.1.1 Alternative 1 The first alternative (Figure 3.4) includes the construction of a new structure on existing Row J, currently an uncovered aircraft parking area accommodating 9 positions. Utilizing existing Row J eliminates the need to construct new pavement for access to each unit. However, it is recommended this includes the realignment of the airport security fence to maximize aircraft wingtip clearance on the north side of the structure. A new 10 -unit structure is also proposed south of existing T -Hangar A and parallel to North Hercules Boulevard. This option eliminates 2 existing hardstand positions and requires mitigation of impacts to an existing retention pond, drainage canal, and potentially a berm inside airport property along Gilbert Street. Figure 3.4 T -Hangars - Alternative 1 Source: RDM International, Inc. (2018) City of Clearwater Clearwater Airpark Layout Plan 3-6 3.4.1.2 Alternative 2 The second alternative (Figure 3.5) also includes the construction of a new T -Hangar on existingRowJasinAlternative1andanewT -Hangar south of existing T Hangar A. However, the new THangar south of existing T -Hangar A is aligned to eliminate the need to mitigate the existing retention pond and minimize impacts to the existing drainage canal while also avoiding impactstotheRunway34ProtectionZonesandairspace. Figure 3.5 T -Hangars - Alternative 2 Source: RDM International, Inc. (2018) City of Clearwater ClearwaterAirpark Layout Plan 3-7 3.4.1.3 T -Hangar Alternatives Evaluation Table 3.1 summarizes and compares the alternatives according to the evaluation criteria previously identified in this chapter. Based on the evaluation, Alternative 1 is the recommended alternative. Table 3.1 T -Hangar Alternatives Evaluation Achievement of the Objective Yes Yes Airport Design Standards Partial Partial Flexibility Yes No Collateral Impacts Poor Fair Source: RDM International, Inc. Achievement of the Objective The primary objective is to provide 15 additional T -Hangar units. Both alternatives can provide approximately 19 units. Airport Design Standards The construction of a new covered structure on Row J utilizes the existing pavement which does not in each alternative adheres to FAA design standards. Flexibility The new structure proposed south of existing T -Hangar A in Alternative) can accommodate an expansion of the structure as well as additional hardstand pads without resulting in additional impacts. However, the structure proposed in Alternative 2 cannot accommodate an expansion while maintaining adequate clearance from existing infrastructure. Collateral Impacts Each alternative requires mitigation of existing stormwater drainage features. However, Alternative 2 minimizes the impacts and the associated costs. City of Clearwater 3-8 Clearwater Airpark Layout Plan 3.4.2 Conventional Hangars The anticipated demand within the planning horizon indicates an additional 2 Conventional Hangar units can be supported at the Airpark. The existing Tampa Bay Aviation conventional hangars are approximately 10,000 SF. A 10,000 SF hangar can accommodate approximately98% of aircraft categorized as ADG 1 or 112. Therefore, a 10,000 SF hangar is recommended to maximize flexibility for the number and type of aircraft that can be stored in the hangar. Three potential locations were identified for development of additional hangars, as illustrated in Figure 3.6. Clearwater Pubic WorksYard VASI VASI . The LandingsGolfClub Figure 3.6 Conventional Hangar Alternative Locations Source: RDM International, Inc. (2018) 3.4.2.1 Alternative 1 The first potential location for a new conventional hangar is south of the existing Bender Aviation Services hangar and north of the existing fuel tanks. This location can accommodate a conventional hangar outside of the taxilane object free area, but the aircraft parking area must be located south of the proposed hangar structure. Additionally, the size of the hangar structure is limited to approximately 6,000 Square Feet (SF) hangar and the aircraft parking apron is restricted to approximately 1,200 Square Yards (SY) due to existing infrastructure. Three existing hardstand pads utilized by Bender Aviation Services are eliminated in this alternative. 3.4.2.2 Alternative 2 The second potential location utilizes a vacant site adjacent to the existing Tampa Bay Aviation hangars. The site can accommodate a 10,000 SF hangar (same as the existing hangars) and an 1,800 SY expansion of the existing aircraft parking apron (the existing apron is approximately 2,300 SY). 3.4.2.3 Alternative 3 The third potential location is along Keene Road on the west side of Runway 16, north of the existing fence line of The Landings Golf Club. Similar to Alternative 2, this site can also accommodate a 10,000 SF hangar and 1,800 SY aircraft parking apron. The site provides easy 2 Airport Cooperative Research Program (ACRP) Report 113, Guidebook on General Aviation Facility Planning City of Clearwater 3-9 Clearwater Airpark Layout Plan access from Keene Road and flexibility to construct additional hangars and aircraft parking aproninthefutureifneeded. However, this site requires a new taxiway for access to Runway 16-34 and Taxiway A as well as mitigation of an existing retention pond. 3.4.2.4 Conventional Hangar Alternatives Evaluation Table 3.2 summarizes and compares the alternatives according to the evaluation criteria previously identified in this chapter. Based on the evaluation, Alternative 2 and Alternative 3 are the recommended alternatives for the recommended 2 future hangars. Table 3.2 Conventional Hangar Alternatives Evaluation Achievement of the Objective Partial Yes Yes Airport Design Standards Yes Yes Yes Flexibility No No Yes Collateral Impacts Fair Good Very Poor Source: RDM International, Inc. Achievement of the Objective Alternative 2 and Alternative 3 each hangar in Alternative 1 is restricted, Airport Design Standards Each of the proposed locations can impacting safety areas. Flexibility can accommodate a 10,000 SF hangar. Since the size of the it is considered to only partially achieve the objective. accommodate a new hangar and aircraft parking area without Alternative 3 is the only location that can accommodate future expansion. Alternative 1 is restricted by the existing taxilane, Bender Aviation Services facility, the fuel farm, and Grand Avenue. Alternative 2 is restricted by Taxiway A, an existing drainage ditch, and other existing off -airport infrastructure. Collateral Impacts Alternative 1 and Alternative 2 can be constructed without significant mitigation of existing drainage features. However, Alternative 3 is located within an existing retention pond constructed for runoff from Keene Road when it was widened in the mid -2000s and will require extensive mitigation. Furthermore, the Alternative 3 site is within a parcel zoned as Open Space / Recreational and would require a significant rezoning effort before it can be implemented. City of Clearwater 3-10 Clearwater Airpark Layout Plan 3.4.3 Terminal A larger terminal building, maintenance shed, and vehicle parking area is recommended. Due to existing constraints and recommended developments summarized in the preceding sections, it is recommended the existing terminal site is utilized for a future terminal building and automobile parking area. Two alternatives were identified and evaluated for the future terminal. Figure 3.7 illustrates the existing terminal and proposed aircraft parking area for reference. There are 5 existing trailers (each approximately 1,000 SF) used by the Civil Air Patrol (CAP), a vehicle parking lot with 25 spaces, and a 3,800 SF terminal structure. i i `h iv`/ Civil Air Patrol Trailer r / / / (TYpical) v /jet /1i 7----...._ 6k94, y;/%,\\\'•. Le/coy 4r_ \ allfcV/ f Figure 3.7 Terminal Area Source: RDM International, Inc. (2018) City of Clearwater ClearwaterAirpark Layout Plan 3-11 3.4.3.1 Alternative 1 The first alternative (Figure 3.8) expands the terminal in its existing location and maintains 3 of the existing 5 CAP trailers. To accommodate an expansion of the vehicle parking lot, one of the remaining CAP trailers will be relocated and the other removed. The proposed 12,500 SF single - story terminal structure is sized based on anticipated demand in 2038. A second -story may be necessary to accommodate other features such as a restaurant and/or conference room. Additionally, a temporary building will be required during construction of the proposed terminal. The proposed expansion of the existing vehicle parking lot is restricted by the CAP trailers and an existing drainage ditch. Therefore, the expansion can only accommodate 94 parking spaces, 11 short of the 105 spaces recommended based on anticipated demand. A new maintenance shed is proposed adjacent to the EAA facility. q// 401/ fiN Future maintenance shed POO/ e 1 :'% Relocated CAP trailer Ex anded v hicle par ng lot 94 aces) Figure 3.8 Terminal Expansion - Alternative 1 Source: RDM International, Inc. (2018) City of Clearwater ClearwaterAirpark Layout Plan 3-12 3.4.3i Alternative 2A Alternative 2A proposes a 14,500 SF single -story terminal structure and removes all the existingCAPtrailerstomaximizethenumberofvehicleparkingspaces (105 in this alternative). It is anticipated that CAP activities will be accommodated in the future terminal. It is also intended that the terminal will be constructed in phases to eliminate impacts to airport operations. A new maintenance shed is proposed adjacent to the future terminal. Shed Figure 3.9 Terminal Expansion - Alternative 2A Source: RDM International, Inc. (2018) City of Clearwater ClearwaterAirpark Layout Plan 3-13 3.4.3.3 Alternative 2B Alternative 2B is similar to Alternative 2A in that the existing CAP trailers are removed to maximize the number of vehicle parking spaces (also 105 in this alternative). However, this alternative proposes a two-story structure to minimize the footprint of the terminal. As the proposed terminal is 10,500 SF, only a partial second floor is required to accommodate anticipated demand. Similar to Alternative 2A, it is also intended that the terminal will be constructed in phases to eliminate impacts to airport operations. A new maintenance shed is proposed adjacent to the future terminal. T/ t. / Expandedm vehicle parking lot 10 ar FuF v eutur Maintenance N„ Shed Figure 3.10 Terminal Expansion - Alternative 2B Source: RDM Intemational, Inc. (2018) City of Clearwater ClearwaterAirpark Layout Plan 3-14 3.4.3.5 Terminal Alternatives Evaluation Table 3.3 summarizes and compares the alternatives according to the evaluation criteria previously identified in this chapter. Based on the evaluation, Alternative 2A is the recommended alternative for the future terminal structure. Table 3.3 Terminal Alternatives Evaluation Achievement of the Objective Partial Yes Yes Airport Design Standards Yes Yes Yes Flexibility Partial Partial Partial Collateral Impacts Good Fair Fair Source: RDM International, Inc. Achievement of the Objective Alternative 1 only partially achieves the objective since it does not provide the recommended number of vehicle parking spaces. Alternatives 2 and 3 can accommodate all recommended improvements. Airport Design Standards None of the alternatives include non-standard conditions. Flexibility Each of the alternatives provides partial flexibility as the terminal building can be expanded by adding and/or expanding a second level; however, the proposed vehicle parking areas cannot accommodate an expansion. Collateral Impacts Alternative 1 maintains most of the existing CAP trailers while the other two alternatives remove all of them. It is intended CAP functions can be accommodated in the new terminal building but this 3.4.4 Navigational Aids The Clearwater Airpark provide Medium Intensity Runway Lights (MIRL). Per FAA Advisory Circular 150/5300-13A (Change 1), Airport Design, airport rotating beacons are required for any airport with runway edge lights. Accordingly, a rotating beacon is recommended for the Airpark. The main purpose of the beacon is to indicate the location of a lighted airport. Siting and installation of a rotating beacon is based on the following guidelines: Located within 5,000 feet of a runway Mount all airport rotating beacons higher than any surrounding obstructions so that the bottom edge of the beacon's light beam, when adjusted correctly, will clear all obstructions Mounted high enough above the surface so that the beam sweep, aimed 2 degrees or more above the horizon, is not blocked by any natural or manmade object City of Clearwater 3-15 Clearwater Airpark Layout Plan May be mounted on the roof of hangars or other buildings or on wooden power pole towers and metal towers Three different beacon tower structures are available. These include the Structural Steel Towers, Tubular Steel Towers, and Tip -Down Pole Towers. Structural Steel Towers are available in heights of 51, 62, 75, 91, 108, 129, and 152 feet. Tubular Steel Towers consist of different lengths of low alloy, high strength tubular steel sections welded together to obtain a basic tower height of 51 feet. Tip -Down Pole Towers consist of a two -section octagonal tapered structure with a counterweight and hinge that allow the top section to be easily raised and lowered by one person using an internal hand -operated winch for maintenance. These towers are typically available at lengths up to 55 feet. Figure 3.11 illustrates these three tower types. O Vl 10 I•, EPA i Ll Ft II,I GROUND ROD 1 GROUND LINE STRUCTURAL L4102AAIRPORT ROTATING OPTIONAL PLONGUGUTNINGROOS (3) 6211 N MOUNTMlG66 HEgHT CLIMBER SAFETY DEVICE (TOP) 51.1LIBING RUNGS s'5 M1 NOp15 CLINGER SAFETY DEVICE(BOTTOM, 24 10 66 r(esM 121 EBG BEACON BASKET L -801A FJRPORT ROTATING BEACON 551 16.] NOM 6 MOU 11640 NE565 6 SN6F40 "1401,11CI04WABOVE BASEPLATE O AT LIS EVEL(T.66168011E665EPLATEL TUBULAR POLEFOIAYIATCN TIP -DOWN Figure 3.11 Typical Beacon Towers Source: FAA Advisory Circular 150/5340-30J, Design and Installation Details for Airport VisualAids (2/12/2018) OPTIONAL 6' 12.4 MI LONGLIGHTNING6006 (3) HANDHOLE HANOHOLE BEACON POLE HINGE LOCATION HAND POWERED WINCHWRNREMOVABLEHMO CRAM( (N 0011N) BEACON POLE FOUNDATIOI Three potential locations for the new beacon are identified for future evaluation. These sites are illustrated in Figure 3.12 as part of the following section and are adjacent to the proposed terminal, the fuel farm, and the proposed conventional hangar at the existing Tampa Bay Aviation hangars site. City of Clearwater ClearwaterAirpark Layout Plan 3-16 3.4.5 Recommended Development Plan Figure 3.12 illustrates the recommended development plan based on the analyses summarized in this chapter. i Clearwa rWater Y '` SystemHlaintenanoe r Clearwater Public Works Yard t' z The Landings Goll Club Legend n Existing Building MAI Existing Taxiway/Taxilane Pavement Existing Runway r Clearwater Tree MN Proposed Pavement M ProposedBolding Potential Airport Rotating Beacon Site Figure 3.12 Recommended Development Plan Source: RDM Intemational, Inc. (2018) City of Clearwater 3-17 ClearwaterAirpark Layout Plan 3.4.6 Land Use On -airport and off -airport land uses are a key consideration for airports. Protecting the airspace on parcels outside of airport property maximizes the operational safety of aircraft as well as people and property on the ground. Establishing land uses on airport property allows the airport to allocate limited resources for specific functions and maximize the long-term benefit and financial sustainability of the airport, whether aviation related functions or non -aviation development. The existing on -airport land uses as defined by the City of Clearwater are illustrated in Figure 3.13. Legend IMMall Recreational / Open Space VAX Industrial Limited MIN Transportation / UtMty Residential - High Figure 3.13 Existing On -Airport Land Uses Source: City of Clearwater (2018) The majority of Airpark property is designated as Transportation / Utility while The Landings Golf Club (over 300 acres) is designated as Recreational / Open Space. The parcel occupied by the City of Clearwater Water System Maintenance is classified as Industrial Limited as is the parcel north of the Runway 16 end. For the purposes of this analysis, and in the event The Landings Golf Club ceases operations, potential land uses are identified, for discussion purposes only, in Figure 3.14. City of Clearwater Clearwater Airpark Layout Plan 3-18 Legend Recreational / Open Space Industrial Limited MIN Transportation / Utility MB Residential - High General Aviation MR Non -Aviation Development / Support Figure 3.14 Potential Future On -Airport Land Uses Source: RDM International, Inc. (2018) Areas supporting general aviation activities such as hangar storage and terminal areas are classified as General Aviation. The runway and taxiways, including safety areas and protection zones, maintain the Transportation / Utility classification. However, an area on the west side of the runway is preserved for a potential future parallel taxiway. The existing Landings Golf Club site is split into 3 parcels. West of the runway is a large parcel allocated for future General Aviation purposes, including hangar storage and other general aviation related functions. Another parcel east of the existing residential area at the intersection of Keene Road and Airport Drive is maintained as Recreational / Open Space. A parcel immediately adjacent to Keene Road is classified as non -aviation development. While this could include commercial development to maximize airport revenues, one of the goals and objectives of the City of Clearwater's Land Use policy is to maintain the residential character of the Keene Road corridor by limiting commercial development. Therefore, this parcel may be best utilized for residential development. These potential land use reclassifications are for discussion purposes only. A change to existing zoning classifications requires a review and approval process that includes public hearings. Any changes to the existing land use and zoning classifications on airport property should adhere to the processes defined by the City of Clearwater. City of Clearwater 3-19 Clearwater Airpark Layout Plan Section 4.0 FACILITIES IMPLEMENTATION PLAN 4.1 Introduction The purpose of the Facilities Implementation Plan is to prepare a Capital Improvement Plan (CIP) that converts the preferred development plan identified in the Alternatives Analysis (Working Paper #3) into a series of potential projects. Projects recommended for the CIP were identified based on numerous factors including safety, adherence to Federal Aviation Administration (FAA) design standards, capacity requirements, and the priorities of the Airport. The scheduled implementation of the projects as projected is based and dependent on many factors including the availability of required funding and environmental or other required approvals. 4.2 Project List and Descriptions A draft project list was developed from the proposed development plan. The draft project list was then reviewed with the City of Clearwater staff and refined to a final project list. The project list is organized by major airport components (i.e., Airfield, Terminal, General Aviation, and Support). This ordering was used to organize project descriptions, which are presented in the following paragraphs, and the cost estimates which are described later in this Working Paper. 4.2.1 Airfield Projects Airfield projects are those that are within the aircraft movement area (runways, taxiways, and approach/departure operational areas. The proposed development plan includes five (5) future airfield projects intended to enhance the safety of airport operations. 4.2.1.1 Relocate Taxiway A6 This project consists of constructing a new Taxiway A6 and demolishing the existing taxiway pavement. The purpose of this project is to improve the operational safety of the airfield by eliminating direct access from the aircraft parking area to the runway. The proposed taxiway is to be constructed based on FAA design standards for the Critical Aircraft identified in Working Paper 1, Aviation Activity Forecasts. The new taxiway is located south of the existing Taxiway A6 due to the navigational aids located to the north of the existing taxiway. 4.2.1.2 Construct Blast Pads This project consists of new blast pads for each runway end. The purpose of this project is to provide blast erosion protection beyond runway ends during jet aircraft operations that occasionally occur at CLW. 4.2.1.3 Property Acquisition at Runway 34 End This project consists of acquiring approximately 1.3 acres not currently within the airport property boundary. The property to be acquired is currently within the boundaries of Marymount Park which is owned by the City of Clearwater. The market value of the parcel is used for cost estimating purposes. City of Clearwater 4-1 ClearwaterAirpark Layout Plan 4.2.1.4 Avigation Easement for Parcels within Runway 34 RPZs This project consists of obtaining an avigation easement for properties outside the existing airport property boundary but within the Runway 34 RPZs. The FM's airport design guidelines recommend that airports own the property underneath approach and departure areas to the limits of the RPZ, where practicable. The guidelines further recommend that the RPZ be cleared of all above ground objects where practicable. The purpose of this project is to obtain control of these properties and prevent the potential introduction of obstructions to safe air navigation and comply with the FAA guidelines to the extent practical. The parcels within the RPZ primarily consist of residential housing. 4.2.1.5 Avigation Easement for Parcels within Runway 16 RPZs This project consists of obtaining an avigation easement for properties outside the existing airport property boundary but within the Runway 16 RPZs. Similar to project #4, the purpose of this project is to obtain control of these properties and prevent the potential introduction of obstructions to safe air navigation and comply with the FAA guidelines to the extent practical. The parcels within the RPZ primarily consist of residential housing. 4.2.2 Terminal Projects Terminal projects include the terminal building and associated parking areas. The proposed development plan includes two (2) future terminal projects intended to accommodate existing and anticipated demand. 4.2.2.1 Construct New Terminal This project consists on constructing a new, permanent terminal building. The existing terminal is a temporary structure which was intended to be replaced with a more permanent structure. Construction of the proposed terminal shall be phased to allow uninterrupted operations by the airport and its tenants. Elements included in this project includes new and/or relocated security fencing, utilities, etc. 4.2.2.2 Expand Vehicle Parking Lot Vehicle parking at the existing terminal is severely limited and does not provide enough parking spaces for peak periods. This project consists of expanding the existing vehicle parking area and quadrupling the number of parking spaces available. The project requires the removal of the existing five (5) trailers currently under a Land Lease Agreement by the Civil Air Patrol (CAP) through 2022. 4.2.3 General Aviation Projects General Aviation projects consist of the aircraft storage facilities and the pavement used to access them. Most projects proposed in the development plan are General Aviation facilities. The 13 projects identified are summarized below. 4.2.3.1 Replace Shade Hangars with T -Hangars This project involves removal of the existing three (3) shade hangars (E, F, and G) and replacing them with standard T -Hangars. The purpose of this project is to provide more secure aircraft storage and accommodate customer demand while increasing revenues for the airport. This project does not include any changes to the existing taxilanes accessing these facilities. City of Clearwater 4-2 ClearwaterAirpark Layout Plan 4.2.3.2 Expand Transient Aircraft Parking Area This project involves expanding the existing transient aircraft parking area to provide additional parking positions and Aircraft Design Group (ADG) II clearance for the transient aircraft that utilize CLW. The existing five (5) parking positions to the south of the existing taxilane are expanded and new parking restriction lines marked to identify the location of the ADG II taxilane object free area. The existing circular pavement north of the existing taxilane is also expanded to accommodate additional aircraft parking positions. 4.2.3.3 Reconstruct Transient Aircraft Parking Area This project consists of reconstructing the north section of the existing transient aircraft parking area pavement. This project was identified in the Florida Department of Transportation (FDOT) Statewide Airfield Pavement Management Program (June 2015). The apron had an average Pavement Condition Index (PCI) of 36 and a rating of "very poor" in the 2015 FDOT pavement study. This project can be completed in conjunction with the expansion of the parking area Project #9) as determined by the needs of the Airpark and/or funding availability. 4.2.3.4 Construct New Conventional Hangar and Apron This project consists of constructing a new 10,000 Square Foot (SF) hangar adjacent to the existing Tampa Bay Aviation hangars. The project includes an expansion of the existing aircraft parking apron for access to the new hangar and additional aircraft parking. The purpose of this project is to accommodate existing demand. 4.2.3.5 Rehabilitate Existing Tampa Bay Aviation Hangar Apron This project is to rehabilitate (mill and overlay) the deteriorating apron pavement at the existing Tampa Bay Aviation hangars. This project was also identified in the FDOT Statewide Airfield Pavement Management Program (June 2015). A large portion of the apron had an average PCI of 54 and a rating of "poor" in the 2015 FDOT pavement study. Implementation of this project will occur when needed based on future pavement study results; however, this project can be completed in conjunction with Project #11 for construction/cost efficiencies. 4.2.3.6 Rehabilitate Existing Taxilanes (Row K and Transient access) This project is to rehabilitate (mill and overlay) the deteriorating taxilane pavement along the transient aircraft parking area and parallel to the Row K aircraft parking area. These taxilanes provide access to all aircraft parking areas and have a PCI of 52 and a rating of "poor" in the 2015 FDOT pavement study. 4.2.3.7 Construct New T -Hangar on Existing Row J Parking This project consists of installing a new T -Hangar on the existing Row J aircraft parking area which is currently a paved area used for tie -down aircraft parking. The purpose of this project is to accommodate existing demand for covered parking. This project includes the realignment of the perimeter fence to increase aircraft wingtip clearance and maximize operational safety. 4.2.3.8 Rehabilitate Row J and Row 1 Taxilanes This project consists of rehabilitating (mill and overlay) the deteriorating taxilane pavement accessing the Row J and Row I taxilanes. These taxilanes provide access to the Row J and Row I T -Hangars and had a PCI of 52 and a rating of "fair" in the 2015 FDOT pavement study. The FDOT study included the Row J hardstand parking area but this area will be rehabilitated under Project #14. City of Clearwater 4-3 Clearwater Airpark Layout Plan 4.2.3.9 Reconstruct Existing Bender Aviation Apron This project includes a complete reconstruction of the existing Bender Aviation Services hangar apron and access road. This project was identified in the 2015 FDOT study and indicated the apron had a PCI of 39 and a rating of "poor". 4.2.3.10 Rehabilitate Existing T -Hangar Taxilanes This project consists of rehabilitating (mill and overlay) of the existing T -Hangars not included in Project #15. These taxilanes provide access to the T -Hangars and had a PCI between 65 and 71 and a rating of "fair" or "satisfactory" in the 2015 FDOT pavement study. 4.2.3.11 Reconfigure Aircraft Parking Area This project consists of constructing new pavement for the tie -down aircraft parking area between the terminal and Taxiway A. While part of the proposed pavement limits overlaps the existing pavement, the existing pavement was rated as "poor" in the 2015 FDOT study and will be removed as part of this project. New pavement will be added to what is currently a grass area containing eight (8) concrete pads (only 5 are usable). Additionally, the existing taxilane accessing these hardstands and the Bender Aviation Services apron will be rehabilitated as part of this project. 4.2.3.12 Construct New Conventional Hangar, Access Taxiway, and Apron This project consists of constructing a new 10,000 SF conventional hangar on the west side of the Airpark, along Keene Road, in what is currently undeveloped land. A new taxiway accessing the runway and Taxiway A is included in this project as is an aircraft parking apron adjacent to the hangar facility. The purpose of this project is to accommodate anticipated demand and therefore, the schedule for this project is dependent upon the actual demand for it. The proposed site for this project is currently a large retention pond that was constructed by FDOT for drainage purposes during the widening of Keene Road. This project will require environmental mitigation of the retention pond. 4.2.3.13 Construct New T -Hangar and Taxilanes This project consists of constructing a new 10 -unit T Hangar south of the existing T Hangar structures along North Hercules Avenue. This project requires construction of new taxilanes to provide access to the individual hangars. The purpose of this project is to accommodate anticipated demand. A retention pond is currently within the site limits of the proposed T -Hangar and will require environmental mitigation. 4.2.4 Support Projects Support projects consist of Navigational Aids (NAVAIDS) and other facilities necessary to properly maintain the airport. The proposed development plan includes two (2) support facilities. 4.2.4.1 Install Rotating Beacon This project is to install a Rotating Beacon. The location of the beacon will be determined during the planning and design phase of this project. The purpose of this project is to adhere to FAA airport design standards and provide pilots visual reference of the Airpark's location during night- time operations. 4.2.4.2 Construct Maintenance Shed This project is to install a new maintenance shed in the vicinity of the proposed terminal. The purpose of this project is to provide a covered space large enough to accommodate the Airpark's new tractor and extra space for other maintenance equipment. City of Clearwater 4-4 Clearwater Airpark Layout Plan 4.2.4.3 Security Upgrades This project is to install access control gates near the terminal and replaces perimeter security fencing where age and condition is questionable. Wildlife fencing will be installed adjacent to the golf course. 4.2.4.4 Airfield Lighting Update The project includes replacement of all airfield lighting, cable and guidance signs. 4.3 Project Cost Estimates Conceptual cost estimates were prepared for all CIP projects in 2018 dollars. No escalation factors were applied to project costs. This methodology allows project costs to be escalated based on actual escalation factors from 2018 at the time they are initiated. The cost estimates are summarized for each development phase in the following section. The cost estimates include construction and program costs. Construction costs include all physical items, labor and a contingency. Program costs include fees associated with engineering design fees and construction phase engineering. The methodology utilized to develop the cost estimates include: Total property acquisition costs are based on assessed market value per the Pinellas County Property Appraiser, legal proceedings, and other potential costs that include: Contingency for 2018 Assessed Market Value: 15.0% Survey: 5.0% of Total Acquisition Cost Close-out and Other Costs: 7.0% of Total Acquisition Cost Total Avigation Easement costs are based on the following: Acquisition fee: $5,000 per parcel Legal Proceedings: $3,000 Contingency: 15% Survey: 20.0% of Total Acquisition Cost Close-out and Other Costs: 25.0% of Total Acquisition Cost Total construction costs are based on direct material costs and additional fees associated with the following: Electrical and Communications (as required): 10.0% Sewer and Water (as required): 20.0% Maintenance of Traffic (MOT): 10.0% Mobilization: 15.0% Environmental Controls: 25.0% Contingencies: 15.0% Program mark ups are as follows: Engineering, Survey, and Geotech: 10.0% Construction Phase Engineering, RPR, Testing: 7.0% City of Clearwater 4-5 ClearwaterAirpark Layout Plan 4.4 Project Phasing In addition to project descriptions and cost estimates, the CIP also presents proposed project phasing. The scheduling of projects in the CIP was developed through consultation with the City of Clearwater Marine and Aviation Department. Phasing for CIP projects was categorized as: Short -Term (2020 through 2024), Intermediate -Term 2025 to 2029) and Long -Term (2030 to 2039). The ultimate timing of projects will be determined based on actual demand, funding availability, environmental approvals, and the priorities of tenants or the City of Clearwater. Figure 4.1 provides a Gantt chart that depicts the sequencing of projects. City of Clearwater 4-6 ClearwaterAirpark Layout Plan 1 2032 203 ong- Term 2034 2035 2036 2037 2038 2039 21 Install Rotating Beacon 9 Expand Transient Aircraft Parking Area 10 Reconstruct Transient Parking Area 6 Construct New Terminal 7 Expand Existing Vehicle Parking Lot 15 Rehabilitate Rows I & J Taxilanes 16 Reconstruct Bender Aviation Apron 23 Security Upgrades 22 Install New Maintenance Shed 1 12 Rehabilitate Existing TBA Hangar Apron 11 Construct New Hangar and Apron 13 Rehabilitate Row K & Transient Taxilanes 14 Construct New T - Hangar on Row J 18 Reconfigure Aircraft Parking Area 8 Replace Shade Hangars with T - Hangars 17 Rehabilitate Existing T - Hangar Taxilanes 24 Airfield Lighting Update 20 Construct New T - Hangar 19 Construct New Conventional Hangar 2 Construct Blast Pads 3 Property Acquisition ( Runway 34) 4 Avigation Easements ( Runway 34) 5 Avigation Easements ( Runway 16) 1 Relocate Taxiway A6 TBA = Tampa Bay Aviation Source: RDM International, Inc. ( 2019); AECOM ( 2019) Figure 4. 1 Preliminary Phasing Schedule for CR Projects t t. City of Clearwater ClearwaterAirpark Layout Plan 4- 7 4.4.1 Short -Term Projects Project priorities in the short-term (2020 to 2024) include the following: Constructing new facilities recommended to accommodate existing demand and/or mitigating existing operational inefficiencies A focus on the rehabilitation and/or reconstruction of key airfield pavements identified in the 2015 FDOT pavement study Short-term projects are listed in Table 4.1 along with their project number and total estimated cost. Figure 4.2 shows the location of these projects on the Airport. Table 4.1 Short -Term Projects and Estimated Costs 21 Install Rotating Beacon Support 88,492 9 Expand Transient Aircraft Parking Area2 GA 126,447 10 Reconstruct Transient Parking Area2 GA 250,993 6 Construct New Terminal Terminal $2,408,403 7 Expand Existing Vehicle Parking Lot Terminal $869,180 15 Rehabilitate Rows I & J Taxilanes2 GA $480,392 16 Reconstruct Bender Aviation Apron2 GA $329,961 23 Security Upgrades Support $159,798 Total Short -Term Estimated Costs 4,713,666 Source: AECOM (2018) in 2018 dollars 2 cost provided in 2015 FDOT Statewide Airfield Pavement Management Program Figure 4.2 Short -Term Project Locations Source: RDM International, Inc. (2019) City of Clearwater ClearwaterAirpark Layout Plan 4-8 4.4.2 Intermediate -Term Projects Project priorities in the intermediate-term (2025 to 2029) include the following: A focus on the rehabilitation of existing taxilane Reconstruction of the hardstand parking area The construction of an additional hangar Intermediate-term projects are listed in Table 4.2 along with their project number and total estimated cost. Figure 4.3 shows the location of these projects on the Airport. Table 4.2 Intermediate -Term Projects and Estimated Costs 22 Install New Maintenance Shed Support 163,155 12 Rehabilitate Existing TBA Hangar Apron2 GA 290,940 11 Construct New Hangar and Apron GA 2,097,958 13 Rehabilitate Row K & Transient Taxilanes2 GA 431,159 14 Construct New T -Hangar on Row J GA $1,428,797 18 Reconfigure Aircraft Parking Area GA $770,174 Total Intermediate -Term Estimated Costs 5,182,183 Source: AECOM (2018) in 2018 dollars 2 cost provided in 2015 FDOT Statewide Airfield Pavement Management Program Figure 4.3 Intermediate -Term Project Locations Source: RDM International, Inc. (2019) City of Clearwater ClearwaterAirpark Layout Plan 4-9 4.4.3 Long -Term Projects Project priorities in the Tong -term (2030 to 2039) include the following: Gaining control of properties within RPZs through property acquisitions/easements Constructing blast pads at each runway end Mitigating non-standard taxiway configurations The construction of an additional T -Hangar and conventional hangar to accommodate demand Replacement of existing Shade Hangars Airfield lighting upgrades Long-term projects are listed in Table 4.3 along with their project number and total estimated cost. Figure 4.4 shows the location of these projects on the Airport. Table 4.3 Long -Term Projects and Estimated Costs 8 Replace Shade Hangars with T -Hangars 17 Rehabilitate Existing T -Hangar Taxilanes GA GA 4,684,557 965,468 24 Airfield Lighting Update 20 Construct New T -Hangar 19 Construct New Conventional Hangar 2 Construct Blast Pads 3 Property Acquisition (Runway 34) 4 Avigation Easements (Runway 34) 5 Avigation Easements (Runway 16) 1 Relocate Taxiway A6 Support GA GA Airfield Airfield Airfield Airfield Airfield 371,196 2,200,662 2,325,858 409,462 106,904 205,103 105,053 382,299 Total Long -Term Estimated Costs 11,756,562 Source: AECOM (2018) in 2018 dollars Clearwater Water SystemMaintenance Clearwater Publie wefts w 1' The Landings Golf Club Figure 4.4 Long -Term Project Locations Source: RDM International, Inc. (2019) City of Clearwater Clearwater Airpark Layout Plan 4-10 Section 5.0 CAPITAL IMPROVEMENT PHASING PLAN 5.1 Introduction The final chapter of a master plan is intended to provide guidance on what will be required to demonstrate the airport sponsor's ability to fund the projects in the master plan. A more general discussion of the funding of medium and long-term projects is more reasonable because of the uncertainty of future Local and State funding and possible shifts in the overall importance of those projects in reaction to aviation demand at the airport and changes in the economic climate in a community. The City's ability to fund the recommended projects is a major consideration in preparing the Capital Improvement Plan (CIP). The recommended development plan for the Airport is based on the identification of facility requirements as presented in Working Paper #4. This section of the Airport Master Plan will address the financial implications of implementing the improvements proposed to construct the preferred development alternative. In addition, the potential funding sources; cost of constructing the improvements based upon the Capital Improvement Plan (C.I.P.) required to construct the improvements. The proposed funding plan contained in this section assumes the City will continue not using the FAA's Airport Improvement Program (AIP), moderate annual funding received from the FDOT, and the growth of the airport's aviation activity, as depicted in the approved forecasts. The intrinsic value that a well-maintained airport brings to a community or region goes far beyond the day-to- day operational costs. In other words, the money spent and benefits received in the community or region by individuals and businesses that use the airport equals or exceeds the expenses, which are a result of operations at the airport. While some of the costs required to implement and construct the improvements in the CIP can be estimated closely based upon recent construction projects undertaken in the recent past, and revenue projection will be based upon likely funding sources and amounts, it must be understood that these are estimates. Therefore, there is inherent uncertainty in the development of this financial plan due to the basis of the assumptions on estimates. Even with this uncertainty, it is prudent to develop this comprehensive plan to provide an understanding of the variables, and provide a basis upon which adjustments can be made. Throughout the construction and development of the airport, a continual assessment of the financial position of the project must be completed and adjustments made as warranted. 5.2 Airport Development Plan Future airport development at Airport, as included in this Airport Master Plan Update, covers a 20 - year planning period. Development items are grouped into three phases: Short-term (1-5 years) Intermediate-term (6-10 years) Long-term (11-20 years) City of Clearwater 5-1 ClearwaterAirpark Layout Plan The refined development costs contained in this section are based on the proposed improvements as shown on the Airport Layout Plan, and are included for each item in the financial development plan. The phasing of projects assists the airport sponsor in budgetary planning for future construction projects. Table 5.1 outlines the 20 -year financial development plan. The sequence in which the projects are completed is important, as the ultimate configuration of the Airport will require numerous projects. Table 5.1 Financial Development Plan Over 20 Years 21 9 10 6 7 15 23 Install Rotating Beacon Expand Transient Aircraft Parking Area Reconstruct Transient Parking Area Construct New Terminal Expand Existing Vehicle Parking Lot Rehabilitate Rows I & J Taxilanes Security Upgrades Total Short -Term Development Cost 16 22 12 11 13 14 18 88,492 126,447 250,993 2,408,403 869,180 480,392 159,798 4,383,705 0 0 0 0 0 0 0 0 70,794 101,158 200,795 1,204,202 434,590 384,314 127,838 2,523,691 17,698 25,289 50,199 1,204,202 434,590 96,078 31,960 1,860,016 Reconstruct Bender Aviation Apron Install New Maintenance Shed Rehabilitate Existing TBA Hangar Apron Construct New Hangar and Apron Rehabilitate Row K & Transient Taxilanes Construct New T -Hangar on Row J Reconfigure Aircraft Parking Area Total Intermediate-term Development Cost 329,961 163,155 290,940 2,097,958 431,159 1,428,797 770,174 5,512,144 0 0 0 0 0 0 0 o 263,969 130,524 232,752 1,678,366 344,927 1,143,038 616,139 4,409,715 65,992 32,631 58,188 419,592 86,232 285,759 154,035 1,102,429 8 17 24 20 19 2 3 4 5 1 Replace Shade Hangars with T Hangars Rehabilitate Existing THangar Taxilanes Airfield Lighting Update Construct New T Hangar Construct New Conventional Hangar Construct Blast Pads Property Acquisition (Runway 34) Avigation Easements (Runway 34) Avigation Easements (Runway 16) Relocate Taxiway A6 Total Long -Term Development Cost TOTAL DEVELOPMENT COST 4,684,557 965,468 371,196 2,200,662 2,325,858 409,462 106,904 205,103 105,053 382,299 11,756,562 21,652,411 0 0 0 0 0 0 0 0 0 0 so 0 3,747,646 772,374 296,957 1,760,530 1,860,686 327,570 85,523 164,082 84,042 305,839 9,405,249 16,338,655 936,911 193,094 74,239 440,132 465,172 81,892 21,381 41,021 21,011 76,460 2,351,313 5,313,758 NOTE: Allcosts are calculated in 2018 dollars. Assumes 80 percent funding by FDOT on all projects excluding terminal area which is 50 percent FDOT funding. City of Clearwater ClearwaterAirpark Layout Plan 5-2 5.3 Funding Sources Probable costs (engineer's opinion costs) for the development plan identified in Working Paper 4, Facilities Implementation Plan, provides the basis for cost of individual projects. Funding comes from the State (FDOT) contributions. This section will identify and quantify the expected sources of capital funds. As previously indicated, FDOT funds represent the majority of expected capital; however, a number of sources are identified and indicated below. 5.3.1 State Funding Program The FDOT provides most of the funding for capital improvement projects at the Airport. Airport Revenue Diversion Pursuant to the Airport Revenue Protection Act of 1996, by accepting federal or state financial grants or property transfers, the airport agrees to abide by certain binding contractual obligations (i.e., signing a contract with a federal or state government where the government provides the funding and the recipient agrees to follow certain rules). One of those rules specifies that all airport -generated revenues should be spent at the airport. According FDOT Airport Project Funding for: General Aviation: "Pursuant to Section 332.003 — 332.007, FS, FDOT may provide up to 80 percent of the local share of general aviation airport project costs," Economic Development: Pursuant to Section 332.003 — 332.007, FS, FDOT may provide up to 50 percent ofthe costs to build on -airport revenue-producing capital improvements. One example of an economic development project is industrial park facilities at a general aviation airport. Strategic Airport Investment: Projects Pursuant to Section 332.007, FS, FDOT may provide up to 100 percent funding for commercial and general aviation airport projects that meet the following criteria: Provide important access and on -airport capacity improvements, Provide capital improvements to strategically position the state to maximize opportunities in international trade, logistics, and the aviation industry, Achieve state goals of an integrated intermodal transportation system, and Demonstrate the feasibility and availability of matching funds through federal, local, or private partners. Statewide Project Funding: Pursuant to Section 332.007(1), FS, FDOT is authorized to receive federal grants for these statewide projects when no local sponsor is available. Pursuant to Section 332,007(6) (d), FS, FDOT may provide up to 100 percent of project cost if that project is statewide in scope or involves more than one county where no other governmental entity or appropriate jurisdiction exists. Other Airport Project Funding Resources: In addition to the FDOT Aviation Grant Program, airports in the state have other project funding resources. These may or may not be applicable to Clearwater Airpark. Rural Economic Development Initiative: Pursuant to Section 288.0656 (2), FS, a county or community seeking funding through the Rural Economic Development Initiative must meet two qualifications. First, the county or community must meet the statutory definition of "rural" noted in Section 288.0656 (2) (e), FS, to be eligible for a waiver or reduction of City of Clearwater 5-3 Clearwater Airpark Layout Plan match requirements. Second, the eligible county or community must also have three or more of the "economic distress" conditions identified in Section 288.0656 (2) (c), FS. State Infrastructure Bank: Pursuant to Section 339.55, FS, the State Infrastructure Bank SIB) is a revolving loan and credit enhancement program consisting of two separate accounts and is used to leverage funds to improve project feasibility. The SIB can provide loans and other assistance to public or private entities carrying out or proposing to carry out projects eligible for assistance under federal and state law. The SIB cannot provide assistance in the form of a grant. Strategic Intermodal System: Pursuant to Section 339.61, FS, the Strategic Intermodal System (SIS) marks a fundamental shift in the way Florida views the development of and investment in its transportation system. The SIS is composed of transportation facilities and services of statewide and interregional significance. It represents an effort to link Florida's transportation policies and investments to the state's economic development strategy, in keeping with the Governor's strategic imperative of diversifying Florida's economy. Transportation Regional Incentive Program: Pursuant to Section 339.2819, FS, the Transportation Regional Incentive Program (TRIP) was created to provide an incentive for regional planning, to leverage investments in regionally significant transportation facilities roads and public transportation) created pursuant to Section 339.155, FS, and Zink investments to growth management objectives. TRIP was created with the intent of funding projects that will generate additional capacity through growth in the transportation program. All proposed projects will be evaluated in light of this policy. Each year, the FDOT ACIP program allocates millions of dollars to match federal grants. As airport sponsors receive a federal grant, they apply to the state for the matching funds. Additionally, some direct or "state only" grants (when the FAA is not participating in the funding) may be available to a sponsor for eligible projects. Historically, FDOT has funded approximately 90 percent of eligible projects, leaving the remaining 10 percent to be funded by the sponsor. Eligible Applicants - The state, city, town, county, district, authority or other political subdivisions of the state, which owns and operates an airport(s), open to the public on a non-discriminatory basis, is eligible for assistance under the Loan Program. Eligible airports must be identified in the FDOT State Airports System Plan dated February 2012 (or most current version). Eligible Projects - Typical eligible projects included airport related construction projects for runways, taxiways, aircraft parking ramps, aircraft storage facilities (hangars), fueling facilities, general aviation terminal buildings or pilot lounges, utility services (power, water, sewer, etc.) to the airport runway or taxiway lighting, approach aids (electronic or visual), ramp lighting, airport fencing, airport drainage, land acquisition, planning studies, and under certain conditions, the preparation of plans and specifications for airport construction projects. In addition, projects not eligible for funding under other programs and those designed to improve the airport self- sufficiency, may also be considered. 5.3.2 Local Funding Airport Rates and Charges - FAA Order 5190.6B, FAA Airport Compliance Manual, provides comprehensive guidance on the legal requirement that airport fees be fair, reasonable, and not unjustly discriminatory. The objective of the policy is to provide guidance to airports in establishing rates and charges that will help the airport work towards financial sustainability. Several revenue generating activities that the City is already doing at the Airport will continue to enhance revenues at the airport, these include: City of Clearwater 5-4 ClearwaterAirpark Layout Plan Aircraft hangar/T hangar/shade rentals Aircraft tie -down rental Fuel sale mark-up The City should continue to monitor the current rates and charges to ensure they are remaining competitive with other airports in the region and state. Other more conventional methods of securing funding and financing alternatives the City could consider include: Bank Financing - Some airport sponsors use bank financing as a means of funding airport development. Generally, two conditions are required; first, the sponsor must show the ability to repay the loan plus interest, and second, capital improvements must be less than the value of the present facility or some other collateral used to secure the loan. These are standard conditions which are applied to almost all bank loan transactions. General Obligation Bonds - General Obligation bonds (GO) are a common form of municipal bonds whose payment is secured by the full faith credit and taxing authority of the issuing agency. GO bonds are instruments of credit and because of the community guarantee, reduce the available debt level of the sponsoring community. This type of bond uses tax revenues to retire debt and the key element becomes the approval of the voters to a tax levy to support airport development. If approved, GO bonds are typically issued at a lower interest rate than other types of bonds. Force Accounts, In-kind Service, and Donations - Depending on the capabilities of the Sponsor, the use of force accounts, in-kind service, or donations may be approved by the FAA for the Sponsor to provide their share of the eligible project costs. An example of force accounts would be the use of heavy machinery and operators for earthmoving and site preparation of runways or taxiways, the installation of fencing, or the construction of improvements to access roads. In-kind service may include surveying, engineering, or other services. Donations may include land or materials such as gravel or water needed for the project. The values of these items must be verified and approved by the FAA prior to initiation of the project. Third -Party Support - Several types of funding fall into this category. For example, individuals or interested organizations may contribute portions of the required development funds (pilot associations, economic development associations, Chambers of Commerce, etc.). Although not a common means of airport financing, the role of private financial contributions not only increases the financial support of the project, but also stimulates moral support to airport development from local communities. For example, private developers may be persuaded to invest in hangar development. A suggestion would be for the City to authorize long-term leases to individuals interested in constructing a hangar on airport property. This arrangement generates revenue from the airport, stimulates airport activity, and minimizes the sponsor's capital investment requirements. Another method of third -party support involves permitting the fixed base operator FBO) to construct and monitor facilities on property leased from the airport. Terms of the lease generally include a fixed amount plus a percentage of revenues and a fuel flowage fee. The advantage to this arrangement is that it lowers the sponsor's development costs, a large portion of which is building construction and maintenance. The airport funds some or all of the cost of capital projects by generating revenue from tenants, users and other sources. These airport funds can come from annual surplus, reserves, or borrowing. While capital projects are usually funded from variety of sources, in the end, airport contributed funds have a role in almost all projects, particularly as seed money to initiate projects and to provide the match of FAA funds. City of Clearwater 5-5 ClearwaterAirpark Layout Plan 5.4 Pavement Maintenance Plan Periodic maintenance is necessary to prolong the useful life of the airport pavements. The effects of weather, oxidation, and usage cause the pavement to deteriorate. The accumulation of moisture in the pavement causes heaving and cracking, and is one of the greatest causes of pavement distress. The sun's ultraviolet rays oxidize and break down the asphalt binder in the pavement mix, which in turn accelerates raveling and erosion and can reduce asphalt thickness. The appropriate pavement maintenance will minimize the effects of weather damage and oxidation. Crack sealing is performed to keep moisture from accumulating inside and underneath the pavement and should be done at least every five years prior to fog sealing or overlaying the pavements. Fog seals, slurry seals, and coal tar emulsion (fuel resistant) seals are spread over the entire paved area to replenish the binder lost through aggregate to increase the friction coefficient of the pavement. Asphalt overlays are performed near the end of the useful life of the pavement. A layer of new asphalt is placed over the existing pavement to renew the life of the pavement and to recover lost strength due to deterioration. Unless specially designed, the overlay is not intended to increase the weight bearing capacity of the pavement. Overlays may be supplemented with a porous friction course of grooving to increase friction and minimize hydroplaning. Remarking of the pavement is required following a fog seal or overlay. The recommended pavement maintenance cycle time frames are listed below in Table 5.2. It should be noted that the time frames are recommendations only. Actual pavement deterioration will be affected by use of the Airport and weather exposure. Maintenance actions should be scheduled as necessary through close monitoring and inspection of the pavements. Table 5.2 Pavement Maintenance Schedule Frames Crack Seal Pavement Crack Seal, Seal Coat, and Remark Pavements 3 - 8 years Overlay Pavements 15 - 18 years Seal Concrete Joints 6 - 8 years Source: FDOT, 2015 5.5 Financial Plan Recommendations The ultimate goal of any airport should be the capability to support its own operation and development through airport generated revenues. Unfortunately, few airports similar in size to the Clearwater Airpark are able to do this. For example, it is difficult to financially break even when the fees received from hangar rentals and fuel sales will not adequately amortize the cost of construction projects. The City of Clearwater should consider implementing additional airport sources of revenue. 5.5.1 Airport Revenue Opportunities Airport revenues are generally produced from the use of land leases, user fees, and property taxes generated from on -airport improvements. Examples of airport revenue generators include: Land Leases - Property on the airport that is not devoted to airfield use, vehicle parking, or contained within areas required to be cleared of structures may be leased to individual airport users or aviation related businesses. Typically, the individual is provided a Tong -term lease on which to construct a hangar, business, or other facility. At the termination of the lease, the lessee has the option to renew the lease, sell or lease the buildings, or to remove the buildings. City of Clearwater 5-6 Clearwater Airpark Layout Plan Hangar Leases - Hangars on the airport owned by the airport sponsor can be leased to private aircraft operators or businesses. Typically, as with land leases, the individual or business is provided a long-term lease of the hangar. At the termination of the lease, the lessee has the option to renew the lease or cease use of the hangar. Tie -Down Fees - A fee is typically established for the use of fixed ramp tie -downs on paved apron areas. The fees are usually established on a monthly or annual basis for based aircraft and on an overnight basis for transient aircraft. Airport Usage Fee - This fee is typically imposed on charter aircraft and can be waived if the operator purchases a minimum amount of fuel. Commercial Activity Fee - This fee is typically imposed on commercial activities operating "for profit" at the airport. Typical commercial activities may include fixed base operators, testing and training, maintenance services, and retail or other goods and services which may be provided at the airport. Non -Aeronautical Revenue Generating - This fee is imposed on leases of land/buildings that are allocated as airport property but do not have access and/or use for aeronautical activities (i.e. non- aeronautical use). The fee for these areas must be setup at fair market value and all revenue generated from these leases must remain within the airport fund. In accordance with Florida State Grant Assurances, all revenues generated by the airport must be expended by the airport for the capital or operating costs of the airport. 5.6 Airport Development Recommendations Based on the findings of the planning process, the following recommendations are provided for the City to consider for development the airport to meet the needs of the community: The City has the unique challenge of many airports of not having considerable excess land that can be used for aviation related purposes. Over the long-term, the City should continue looking for non -aeronautical development opportunities on the land that has been designated for such activities on the ALP. Locations for additional corporate hangars and Thangars have been identified in ALP drawing set. The investment in additional hangars will make the airport more competitive with other airports in the region and will provide the airport will additional revenue. Continued monitoring of the airport's financial status is necessary in order to adapt and adjust to changing conditions. 5.7 Continuous Planning Process Airport planning is a continuous process that does not end with the completion of a major capital project. The fundamental issues upon which these airport master plans are based are expected to remain valid for several years; however, several variables such as annual aircraft operations and socioeconomic conditions, are likely to change over time. The continuous planning process necessitates that the Airport consistently monitor the progress of the airport in terms of growth in based aircraft and annual operations, as this growth is critical to the exact timing and need for new airport facilities as recommended within the Airport Master Plan. The information obtained from this monitoring process will provide the data necessary to determine if the development schedule should be accelerated, decelerated, or maintained as scheduled. City of Clearwater 5-7 ClearwaterAirpark Layout Plan Periodic updates of the Airport Layout Plan, Capital Improvement Plan, and Airport Master Pian are recommended to document physical changes to the Airport, review changes in aviation activity and to update improvement plans for the Airport. The primary goal of the airport master planning effort is to develop a safe and efficient airport that will meet the demands of its aviation users and stimulate economic development for airport. The continuous airport planning process is a valuable tool in achieving the strategic plans and goals for the Airport. 5.8 Conclusion This Section has laid out the recommended capital improvement projects and their financial implications for improving the Airport over the 20 -year planning period. A total of 24 CIP projects have been identified (Table 5.1), which are all programmed within the 20 -year planning period. This Airport Master Plan has documented the existing and anticipated aviation demand based on existing conditions, as well as provided a practical and implementable development plan based on input and guidance from the City of Clearwater and FDOT. This financial analysis is based on the continuation of FDOT funding at the current levels, which average at $600,000/year. However, there is competition for FDOT funds, so the Airport will need to aggressively communicate its CIP needs to the FDOT and other relevant agencies as opportunities arise. Based on the assumptions and the financial analysis presented herein, the development plan presented on the ALP along with the Capital Improvement Plan (CIP) is considered feasible, and the airport should be able to construct the necessary aviation facilities, as recommended herein. City of Clearwater 5-8 ClearwaterAirpark Layout Plan FIRST AMENDMENT TO LEASE AND PROPERTY OPERATION AGREEMENT This First Amendment to Lease and Property Operation Agreement (this "First Amendment") is entered into as of March lo3 , 2024, by and between The City of Clearwater, Florida, a Florida municipal corporation ("Lessor") and FIyUSA PV, LLC, a Florida limited liability company ("Lessee")(collectively, Lessor and Lessee shall be referred to as the "Parties" and each individually as a "Party" herein.) RECITALS WHEREAS, Lessor and Lessee entered into that certain Lease and Property Operation Agreement dated January 17, 2023 (the "Agreement") relating to the Clearwater Airpark located at 1000 N. Hercules Avenue, Clearwater, Florida 33765 and more particularly described in the Agreement (the "Premises"); and WHEREAS, Lessor and Lessee desire to modify and amend the Agreement to revise the provisions relating to term length and rent. NOW, THEREFORE in consideration of the Premises and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Lessor and Lessee agree as follows: 1. Recitals and Capitalized Terms. The recitals set forth herein are true, accurate and correct and are incorporated herein by reference. All capitalized terms, unless otherwise defined or modified hereby, shall have the same meaning as set forth in the Agreement. 2. Amendments to Article 3. Notwithstanding anything in the Agreement to the contrary, Article 3 of the Agreement is hereby deleted in its entirety and replaced with the following: 3.1 Initial Term. Unless terminated earlier pursuant to the terms and conditions of this Agreement, the initial term of this Agreement shall begin on March 1, 2023, and shall continue until February 28, 2053 (the Initial Term"). 3.2 Renewal Periods. a) Upon the expiration of the Initial Term and provided that Lessee is not then in default, the Parties may mutually agree to renew this Agreement for up to five (5) five (5) year renewal periods (each a Renewal Period"). b) Lessee shall provide Lessor with written notice of Lessee's intent to renew this Agreement no later than one hundred and twenty (120) days 1 prior to the expiration of the Initial Term or, if renewed previously, one hundred and twenty (120) days prior to the expiration of any of the aforementioned renewal terms ("Notice of Renewal"). In the event Lessee does not agree to renew this Agreement within the notice period, this Agreement shall be subject to termination at the end of the current term at the discretion of Lessor without penalty to Lessor." 3. Amendments to Article 11. Notwithstanding anything in the Agreement to the contrary, Article 11, Sections 11.1 and 11.2 of the Agreement are hereby deleted in their entirety and replaced with the following: 11.1 Rent. Rent shall be due in monthly installments (the "Monthly Rent"). For the first ten (10) years of the Initial Term, the Monthly Rent shall be in the amount of twenty thousand dollars ($20,000.00). The Monthly Rent shall increase annually by the higher of 3% or the increase in the CPI -U, based on the twelve 12) month period ending two (2) months prior to the effective date of the increase. Additionally, beginning in eleventh (11th) year of the initial term and for the remainder of the length of this Agreement, the Monthly Rent shall experience a one-time increase of twenty-five thousand dollars ($25,000.00) per month for a new total of forty-five thousand dollars ($45,000.00) per month. Lessee agrees to pay the pro rata share of any partial year during the beginning or end of this Agreement. The Monthly Rent shall be due on or before the first day of each calendar month for that calendar month's rent payment. Lessee agrees to pay Lessor's sales tax on all rent payments. Lessor shall invoice Lessee for the Monthly Rent via U.S. Mail with invoices deemed "received" five (5) calendar days after mailing or through such other means mutually agreed upon by the Parties in writing. 11.2 Deferred Rent Increase. Notwithstanding Section 11.1, for each twenty-five thousand dollars ($25,000.00) that Lessee reimburses Lessor in excess of two million four hundred thousand dollars ($2,400,000.00) (the "Monetary Threshold") towards FDOT Projects (as identified in Article 12, Section 12.2), there will be a one (1) month delay in commencement of the twenty-five thousand dollar ($25,000.00) per month rent increase scheduled to become due at the beginning of the eleventh (11th) year of this Agreement. Should Lessee's reimbursement costs exceed the Monetary Threshold after the eleventh (1 lth) has begun, the twenty-five thousand dollar ($25,000.00) rent increase shall be suspended beginning the next calendar month for a period of one (1) month per every twenty-five thousand dollars ($25,000.00) reimbursed to Lessor over the Monetary Threshold. In any event, Lessee shall remain responsible for reimbursing all of Lessor's costs for the aforementioned FDOT Projects. Nothing in this section obligates Lessor to construct any of the FDOT Projects outlined in Article 12, Section 12.2. Such obligations solely arise under Article 12." 2 4. Miscellaneous. Except as modified herein, the Agreement remains unchanged and is hereby expressly ratified and confirmed. In the event of a conflict between the Agreement and this First Amendment, this First Amendment shall control and govern. This First Amendment shall not be effective unless fully executed by Lessor and Lessee. 5. Remaining Provisions Enforceable. If any provision of this First Amendment shall be found invalid, illegal or unenforceable by a court of competent jurisdiction, the validity, legality and enforceability of the remaining portions hereof shall in no way be affected or impaired. 6. Authority. Each Party represents and warrants that it has the power and authority to execute this First Amendment and that there are no third -party approvals required to execute this First Amendment or to comply with the terms or provisions contained herein. 7. Counterparts. This First Amendment may be executed in counterparts, each of which will be deemed an original, and both of which together shall be deemed to constitute one and the same instrument. Each of the Parties hereto shall be entitled to rely upon a counterpart of the instrument executed by the other Party and sent by facsimile transmission or other electronic format. IN WITNESS WHEREOF, the Parties have hereunto set their hands and seals on the date and year first above written. SIGNATURE PAGES FOLLOW] 3 LESSOR SIGNATURE PAGE) LESSOR: 14%., Bri C gst, Mayor Date: Approved as to form: Matthew J. Mytych, E(q. Assistant City Attorney Date: 9/ a .) THE CITY OF CLEARWATER, FLORIDA, a Florida municipal corporation. By: Je Pe i 'er City Manager Datet _Al2t c 12c Attest: L4:L`vL4 ( J Rosemarie Call City Cle'k Date:L/vl 444 4 LESSEE SIGNATURE PAGE LESSEE: FLYUSA PV, LLC, a Florida limited liability company. By: Name: F ariy L. Shevlin Title: Manager Date: _2 - _20.2 Y STATE OF FLORIDA ) COUNTY OF piNom ) The foregoing instrument was acknowledged before me by [p(] physical presence or online notarization, this -7-1k day of fr.,b rLacV , 2024, by Barry L. Shevlin, as Manager of F1yUSA PV, LLC, a Florida limited liability company, on behalf of the company. He/She is personally known to me or produced DC"fer5 I-, &t^k as identification. Print Name: m, tiat\ 5C01°\ Notary Public Midael Scoia Comm.8HH028710 Thru Awl Nobvy 5 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#24-0896 Agenda Date: 9/4/2024 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Public Utilities Agenda Number: 6.19 SUBJECT/RECOMMENDATION: Approve Supplemental Work Order 1 to CHA Consulting, Inc. (CHA), for the Reclaimed Water Master Plan project (21-0018-UT) in the amount of $42,998.00, increasing from $433,583.00 to $476,581.00 and authorize the appropriate officials to execute same. (consent) SUMMARY: This project involves updating and calibrating the existing Reclaimed Water (RCW) model and developing a master plan to evaluate both the existing system and potential upgrades. This master plan also involves evaluating expansion and other areas where RCW may be used to comply with state law that requires utility owners to eliminate surface water discharge. The resulting master plan will summarize the work performed and identify and prioritize capital improvement projects that facilitate expansion of the city RCW system. On May 5, 2022, City Council approved an initial work order to Engineer of Record (EOR) CHA in the amount of $433,583.00 to update the previous version of the RCW model and develop a master plan to evaluate the existing system and potential upgrades. CHA has updated the hydraulic model and completed initial evaluations. In the beginning of May 2024, City has requested additional services from CHA. Due to legislative changes requiring future reductions of surface water effluent discharge, updated hydraulic modeling is needed to assess the impacts of new development and the practicality of replacing aging and deteriorating pipes. This supplemental 1 will focus on the additional requested services including additional hydraulic modeling scenarios and evaluations, existing irrigation water well review, industrial parcel review and incorporation of this additional services into the Master Plan report. It is anticipated the additional services will be completed in three months from issuance of Notice-to-Proceed. The City of Clearwater’s Public Utilities Department is responsible for owning, operating, and maintaining the sanitary sewer collection system. APPROPRIATION CODE AND AMOUNT: 3217321-530100-96739 $42,998. Funds are available in capital improvement project 321-96739, Reclaimed Water Distribution System to fund this work order. This project is funded by Water and Sewer Utility Enterprise fund revenues. STRATEGIC PRIORITY: In furtherance of the Council’s Strategic Plan to achieve High Performing Government by maintaining public infrastructure through systematic management efforts, approval of Supplemental Work Order to CHA is requested. Page 1 City of Clearwater Printed on 9/3/2024 CHA Consulting, Inc. City of Clearwater Consultant Work Order Page 1 of 5 Revised: 8/3/2021 CONSULTANT WORK ORDER Supplement 1 Date: 6/3/2024 1. PROJECT INFORMATION: Project Title: Reclaimed Water Master Plan City Project Number: 21-0018-UT Supplemental 1 City Plan Set Number: NA Consultant Project Number: 77134 2. SCOPE OF SERVICES: This work order will focus on the City of Clearwater’s (City) reclaimed water (RCW) distribution system and development of a Master Plan. CHA Consulting, Inc. (CHA), formerly known as Reiss Engineering, Inc., previously developed the RCW hydraulic model in 2011 in InfoWater utilizing data from 2009 (City Project 11-0005-UT, PO ST 107298). The original hydraulic model evaluated the expansion of future neighborhoods and other various improvements. Furthermore, in 2013 CHA developed an RCW distribution system operating protocol which proposed various short and long term improvements for improving pumping and operation. The City has since completed the planned expansions outlined in the 2011 hydraulic modeling (which were originally planned to be completed by 2013) and some of the various operational improvements which were originally evaluated as part of the hydraulic model development and operational protocol. There are still many areas within the City’s service area where RCW could be expanded to and added. The City would like to update the previous version of the RCW model and develop a master plan to evaluate the existing system and evaluate potential upgrades. CHA has updated the hydraulic model and completed initial evaluations. The City has requested additional services from CHA. This supplemental 1 will focus on the additional requested services including additional hydraulic modeling scenarios and evaluations, existing irrigation water well review, industrial parcel review and incorporation of this additional services into the Master Plan report. The specific scope of services to be provided by CHA is set forth below. 7 ADDITIONAL HYDRAULIC MODELING AND REVIEW Task 7.1 – Reclaimed Water Scenarios. Model scenarios define the set of conditions under which hydraulic model runs are executed. CHA will update the existing scenarios and six new model scenarios created in Task 4 of the original work order, that represent future possible conversion projects. Additional scenarios were requested by the City to be created and simulated. This task includes the additional scenarios as follows: • Create and simulate all expansion phases with 30” main on McMullen Booth Road offline. • Create and simulate all expansion phases with interconnects to Dunedin, Safety Harbor, Pinellas County and Top of the World. • Create and simulate the conversion of potable water elevated tanks to RCW tanks. Model input and logic controls will be modified as needed in the hydraulic model to address the new or revised scenarios. Task 7.2 – Parcel Review. CHA will review existing production wells located in existing and future neighborhoods/parcels to determine additional RCW conversions. CHA will review industrial zoned parcels in future neighborhoods to determine additional RCW conversions. Task 7.3 – Report Preparation. CHA will incorporate the above tasks into the ongoing Master Plan including an Executive Summary and the capital improvement plan (CIP). 3. PROJECT GOALS: Update and calibrate existing reclaimed water model, determine options to eliminate surface water discharge, create a reclaimed water mater plan with CIP. 4. FEES: See Attachment “A” This price includes all labor and expenses anticipated to be incurred by CHA Consulting, Inc., for the completion of these tasks in accordance with Professional Services Method “A” – Hourly Rate, for a fee not to exceed forty-two thousand nine hundred ninety-eight dollars ($42,998.00). 5. SCHEDULE: The project is to be completed in 3 months from issuance of notice-to-proceed. The project deliverables are to be phased as follows: Task 7 3 months Consultant Work Order Page 2 of 5 Revised: 8/3/2021 6. STAFF ASSIGNMENT: CHA Engineering, Inc.: • Weston Haggen, P.E. – Program Manager • Barton Jones, Program Facilitator/City Liaison • Allen Dethloff, P.E. – Principal in Charge • Edward Talton, P.E. – Senior Engineer • Parsa Pezeshk, Ph.D., P.E. – Project Engineer • Hannah Kapalo, E.I. – Project Engineer • Emily Williamson, P.E. – Project Engineer • Ian Grabo, E.I. – Project Engineer • Leif Krapas, E.I. – Project Engineer City of Clearwater • Stephen Nelson – Project Manager • Todd Kuhnel – Public Utilities Assistant Manager • Fred Hemerick – Public Utilities Manager • Ike George – Water Distribution Supervisor • Mike Vacca – Public Utilities Manager • Richard G. Gardner, P.E. – Public Utilities Director • Michael Flanigan – Public Utilities Assistant Director • Kaylynn Price – Utilities Engineering Manager 7. CORRESPONDENCE/REPORTING PROCEDURES: Consultant’s project correspondence shall be directed to: Weston Haggen, P.E. All City project correspondence shall be directed to: The City Project Manager with copies to the Utilities Engineering Manager and Public Utilities Director and Assistant Director. 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. Consultant Work Order Page 3 of 5 Revised: 8/3/2021 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 – Hourly Rate. 5. 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). 6. 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 Consultant Work Order Page 4 of 5 Revised: 8/3/2021 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: NA 13. SIGNATURES: PREPARED BY: APPROVED BY: Allen Dethloff, P.E. Richard Gardner, P.E. Central Florida Team Leader Director, Public Utilities CHA Consulting, Inc. City of Clearwater Date Date Consultant Work Order Page 5 of 5 Revised: 8/3/2021 06/04/2024 ATTACHMENT “A” CONSULTANT WORK ORDER – PROJECT FEES TABLE RCW Master Plan CHA Consulting, Inc. 21-00189-UT Supplemental 1 City of Clearwater Consultant Work Order – Project Fees Table Page 1 of 1 Revised: 8/3/2021 CONSULTANT WORK ORDER PROJECT FEES TABLE Task Description Subconsultant Services Labor Total 7.0 Additional Hydraulic Modeling and Review 7.1 Reclaimed Water Scenarios $0 $20,064 $20,064 7.2 Parcel Review $0 $8,310 $8,310 7.3 Report Preparation $0 $14,624 $14,624 Additional Hydraulic Modeling and Review $42,998 SUBTOTAL, LABOR AND SUB-CONTRACTORS: $42,998 Contingency $0 GRAND TOTAL: $42,998 ATTACHMENT “B” CONSULTANT WORK ORDER – CITY DELIVERABLES RCW Master Plan CHA Consulting, Inc. 21-0018-UT Supplemental 1 City of Clearwater Consultant Work Order – City Deliverables Page 1 of 1 Revised: 8/3/2021 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. C.S.X. RAILROADUTUS Hwy 19 NDREW ST DRUID RD SR 580 BELLEAIR RD SUNSET POINT RD N BELCHER RD N McMULLEN BOOTH RD GULF-TO-BAY BLVD UNION ST LAKEVIEW RD NURSERY RD CLEVELAND ST N KEENE RD N BETTY LN GULF BLVD COURT ST N HERCULES AVE SR 590 COURTNEY CAMPBELL CSWY S MISSOURI AVE N HIGHLAND AVE KINGS HWY S BELCHER RD MEMORIAL CSWY N MYRTLE AVE N OLD COACHMAN RDDOUGLAS AVE PALMETTO ST BAYSI DE BRG VIRGINIA AVE SUNSET DR UNION ST Document Path: C:\Users\Christopher.Melone\City of Clearwater\Engineering Geographic Technology - Documents\GIS\Engineering\Location Maps\RCW_CitywideMasterPlan_8x11.mxd LOCATION MAP RCW Master PlanProject Number: 21-0018-UTPrepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com Page 1 of 1CRMMap Gen By:JHReviewed By:Date:3/1/2022 ²N.T.S.Scale: ^ RCW Booster Stations901 N. Saturn Ave ^ RCW Booster Stations421 N. McMullen Booth ^ RCW Booster Stations2060 N. McMullen Booth UT UT East WRF Northeast WRF Marshall St WRF Legend Clearwater Service Area Area not in Clearwater Jurisdiction Reclaimed Water Service Line Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#24-0934 Agenda Date: 9/4/2024 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Public Utilities Agenda Number: 6.20 SUBJECT/RECOMMENDATION: Award a construction contract to TLC Diversified, Inc. of Palmetto, FL, for the East Water Reclamation Facility (WRF) Screw Pump Replacement Project in the amount of $3,184,500.00 pursuant to Invitation to Bid (ITB) No.22-0028-UT, approve the Consultant Supplemental Work Order to Jones Edmunds and Associates, Inc. (JEA) of Tampa, FL for construction engineering services in the amount of $213,239.00 bringing the total consulting services to $429,824.00, and authorize the appropriate officials to execute same. (consent) SUMMARY: On April 8, 2024, Public Utilities issued ITB No. 22-0028-UT which closed on May 8, 2024. TLC Diversified, Inc. of Palmetto, FL, submitted the lowest responsible bid that met the plans and specifications. After reviewing the contractor’s bid, the Engineer of Record (EOR) and the City recommend awarding the contract to TLC Diversified, Inc. in the amount of $3,184,500.00. On July 20, 2023, City Council awarded RFQ 34-23 Engineer of Record Consulting Services and Jones Edmunds & Associates, Inc. was one of the awarded firms. January 12, 2023, City Council approved the initial work order to EOR Jones Edmunds & Associates, Inc. to provide a preliminary design for the rehabilitation of the East Water Reclamation Facility (WRF) Screw Pump Station in the amount of $216,585.00. Consultant Supplemental Work Order for Jones Edmunds & Associates, Inc. in the amount of $213,239.00 includes construction contract management and limited field representative services for the construction of the East WRF Screw Pump Replacement Project. With this increase, the total amount for consulting services on this project will be $429,824.00, Substantial Completion is expected within 12 months and Final Completion is expected within 13 months. The City of Clearwater’s Public Utilities Department is responsible for owning, operating, and maintaining the East Water Reclamation Facility. APPROPRIATION CODE AND AMOUNT: Funds are available in capital improvement project 327-M1907, East Plant R&R, to fund these purchase orders. This project is funded with Water and Sewer Utility Enterprise Fund revenues. STRATEGIC PRIORITY: In furtherance of the Council’s Strategic Plan to achieve High Performing Government by maintaining public infrastructure through systematic management efforts, award of a Construction Contract to TLC Diversified, Inc. and approval of Consultant Supplemental Work Order to Jones Edmunds & Associates, Inc. is requested. The project also aligns with the City’s Strategic goals of Community Well-Being and Environmental Stewardship. Page 1 City of Clearwater Printed on 9/3/2024 BID TABULATION City of Clearwater East WRF Screw Press Pump Station Replacement Jones Edmunds Project No. 03720-062-01 Bid Date: May 8, 2024 - 2:00 pm Base Bid Item #Unit QTY Description Unit Price Extended Price Unit Price Extended Price Unit price Extended Price 1 LS 1 Mobilzation/Demobilization (not to exceed 8% of Total Base Bid) 251,000.00$ 251,000.00$ 327,385.00$ 327,385.00$ 225,143.00$ 225,143.00$ 2 LS 1 Screw Lift Station Updgrades 2,424,000.00$ 2,424,000.00$ 3,525,045.00$ 3,525,045.00$ 2,506,000.00$ 2,506,000.00$ 3 AL 1 Refurbishment of Slide Gates 144,000.00$ 144,000.00$ 144,000.00$ 144,000.00$ 144,000.00$ 144,000.00$ 4 LF 300 Crack Repair 210.00$ 63,000.00$ 264.80$ 79,440.00$ 250.00$ 75,000.00$ 5 SF 15 Spall Repair 500.00$ 7,500.00$ 760.00$ 11,400.00$ 1,200.00$ 18,000.00$ 6 LF 75 Expansion Joint Repair 80.00$ 6,000.00$ 79.95$ 5,996.25$ 200.00$ 15,000.00$ 7 LS 1 Owner's Contingency 289,000.00$ 289,000.00$ 409,326.63$ 409,326.63$ -$ -$ Total Base Bid Amount 3,184,500.00$ 4,502,592.88$ $2,983,143.00 A 1 LS Slide Gate Replacement - N/A - N/A + $97,515.00 + $97,515.00 No Bid No Bid B 1 LS Individual Bypass - N/A - N/A N/A N/A No Bid No Bid C 1 LS Omitting Concrete Reapir of Effluent Channel - N/A - N/A - $34,315.00 - $34,315.00 No Bid No Bid A. Proposal / Bid Bond X X X X X X C. Affidavit X X XD. Non-Collusion Affidavit X X XE. Proposal X X XF. Addendum Sheet X X XG. Bidder's Proposal X X XH. Scrutinized Companies and Business Operations with Cuba and Syria Certification Form X X XI. Scrutinized Companies that Boycott Israel List Certification Form X X XJ. E-Verify Form X X XK. Florida Trench Safety Form X Calculation Error Non-Responsive Total Alternate Bid Amount B. Power of Attorney ATTACHMENTS TO BID Palmettto, Florida Tarpon Springs, Florida C&T Contracting Services, LLC 11023 Countryway Blvd., Tampa, Florida Razorback LLC 177 Anclote Road Deductive Bid Alternate TLC Diversified, Inc. 2719 17th St. East Y:\03720-City of Clearwater\Projects\062-01 Clearwater East WRF Screw Pump Station Replacement\Construction Services\BidPhase\Bid Evaluation Documents for the City\Draft_Bid Tabulation_Clearwater East WRF Screw Press Pump Station_Detailed 1 6/27/2024 Jones Edmunds & Associates, Inc. City of Clearwater Consultant Work Order Page 1 of 9 Revised: 10/27/2021 CONSULTANT SUPPLEMENTAL WORK ORDER Date: 6/27/2024 1. PROJECT INFORMATION: Project Title: East WRF Screw Pump Station Replacement-Engineering Services During Construction City Project Number: 22-0028-UT City Plan Set Number:2022018 Consultant Project Number: 95308-113-24 2. SCOPE OF SERVICES: Jones Edmunds & Associates, Inc. is pleased to provide the City of Clearwater with this proposal for the Engineering Services during Construction for improvements the East WRF Screw Pump Station. The existing Screw Pump Station consists of three Archimedes screw pumps with 18- MGD capacity each, with 100 horsepower motors (36 MGD Firm Capacity) and one submersible, constant-speed pump with 4 MGD capacity inclined over a concrete channel, providing internal recycle for the facility. The influent channel receives flow from the facility’s anoxic basins and the screw pump station effluent channel feeds the facility oxidation reactor. Due to age, condition, and risk/consequences of failure, the City requested that the screw pumps be replaced. Associated equipment supporting or connecting the screw pumps to the structure is also outdated, no longer has spare part availability, and is suspected to be in poor condition needing replacement. The screw pump station is currently the only means to convey influent, internal recycle flow and return activated sludge flow from the anoxic basins to the oxidation reactor and is a critical pump station for plant reliability. These components need to be improved so that they can continue to reliably serve the City. CONSULTANT SUPPLEMENTAL WORK ORDER Clearwater East WRF Screw Pump Station Replacement-Engineering Services During Construction Jones Edmunds & Associates, Inc. 22-0028-UT City of Clearwater Consultant Supplemental Work Order Page 2 of 9 Revised: 10/27/2021 Due to the concerns and condition of the screw pump station, Jones Edmunds previously designed, permitted, and assisted the City with bid phase services for the improvements to the screw pump station improvements. The City is currently moving forward with procuring a Contractor to complete the construction of the screw pump station improvements. This project is for Jones Edmunds to continue our service to the City by providing Engineering Services during Construction of the screw pump station improvements. Under this Consultant Work Order, Jones Edmunds will provide the City with Construction Contract Administration, periodic Construction Resident Observation services including site visits by the Engineer’s of Record on the project, and project closeout including FDEP Permit required Certification of Construction Completion. I. PRE-DESIGN PHASE: Task 1.1: PREVIOUSLY COMPLETED UNDER 20-0013-UT II. DESIGN PHASE (if applicable): Task 2.1: PREVIOUSLY COMPLETED UNDER 20-0013-UT AND NOT REQUIRED Task 2.2: Progress Meeting and Project Catalog-PREVIOUSLY COMPLETED UNDER 20-0013-UT III. FINAL DESIGN PHASE (if applicable): Task 3.1: 60% Design Submittal- PREVIOUSLY COMPLETED UNDER 22- 0028-UT Task 3.2: 90% Design Submittal- PREVIOUSLY COMPLETED UNDER 22- 0028-UT Task 3.3: 100% Design Submittal- PREVIOUSLY COMPLETED UNDER 22- 0028-UT Task 3.4: Bid Documents Submittal- PREVIOUSLY COMPLETED UNDER 22-0028-UT IV. PERMITTING: Task 4.1: WRF Permitting Assistance- PREVIOUSLY COMPLETED UNDER 22-0028-UT Task 4.2: City Building Permit- PREVIOUSLY COMPLETED UNDER 22- 0028-UT V. BIDDING PHASE: Task 5.1: Bid Phase Services- PREVIOUSLY COMPLETED UNDER 22-0028- UT CONSULTANT SUPPLEMENTAL WORK ORDER Clearwater East WRF Screw Pump Station Replacement-Engineering Services During Construction Jones Edmunds & Associates, Inc. 22-0028-UT City of Clearwater Consultant Supplemental Work Order Page 3 of 9 Revised: 10/27/2021 VI. CONSTRUCTION PHASE: Task 6.1: Construction Contract Administration Construction Contract Administration services are based on a 13 month to substantial completion construction schedule. Jones Edmunds will provide the following Construction Contract Administration services: a. Submittals: Jones Edmunds will receive, log, review, and issue comments on project construction submittals. Project submittals will include administrative submittals (i.e., construction schedules and work plans), shop drawings and product data for the materials to be incorporated into the project, warranties, samples, and operations and maintenance manuals. Jones Edmunds estimates approximately 45 submittals for this project. This Scope of Services includes an initial review and one re-submittal review for each submittal. Submittals will be immediately returned to the Contractor if all deviations are not listed as requested on the project forms. b. Requests for Information (RFIs): Jones Edmunds will review and respond to up to 15 RFIs submitted by the Contractor. RFIs are submitted by the Contractor when questions regarding the Construction Documents arise that need clarification from the Engineer. c. Change Orders: Jones Edmunds will notify the City immediately when an issue arises that may affect the cost or time of the project and will process up to four minor Change Orders. d. Construction Field Orders (CFOs): Jones Edmunds will prepare up to six CFOs. CFOs are used for minor adjustments to the Contract Documents that can be completed in the field and have no effect on the project cost or time. e. Proposed Contract Modifications (PCMs): Jones Edmunds will review up to four PCMs for conformance with the Contract Documents and process the PCMs as requested by the City. PCMs will be sent to the City for approval before sending to the Contractor. PCMs may be submitted by the Contractor when deviations to the Contract Drawings or Specifications occur that they believe affect the cost of the project. f. Notices of Non-Compliance: Jones Edmunds will assist with up to two Notices of Non-Compliance as coordinated with the City. Jones Edmunds will prepare, log, and issue the Notices of Non-Compliance. g. Pay Applications: Jones Edmunds will process up to 14 Pay Applications. We will receive the Pay Applications from the Contractor, log and review them with the Resident Observer (RO) and the City’s representative and make payment recommendations to the City. Task 6.2: Meetings and Site Visits CONSULTANT SUPPLEMENTAL WORK ORDER Clearwater East WRF Screw Pump Station Replacement-Engineering Services During Construction Jones Edmunds & Associates, Inc. 22-0028-UT City of Clearwater Consultant Supplemental Work Order Page 4 of 9 Revised: 10/27/2021 The following meetings will be led by the Jones Edmunds Contract Administrator either onsite or at a location of the City’s designation. Site visits by the discipline specific Engineers of Record for the project to observe that construction is proceeding in general conformance with the design criteria are included in this task. a. Jones Edmunds will conduct one pre-construction conference at a location selected by the City. At the pre-construction conference, the fully executed Contract Documents will be distributed and the Notice to Proceed date will be agreed upon by all stakeholders on the project. o The City representatives, FDEP, and the Contractor will be invited to the preconstruction conference. b. Jones Edmunds will hold up to 13 progress meetings (approximately one meeting per month) during the project. The progress meetings are to review the construction progress up to that point, review the monthly pay application, and discuss any issues that have occurred on the project. Meeting minutes will be prepared by the Engineer. c. Site visits by the Structural, Mechanical, and Electrical Engineers of Record to observe construction progress and to assist with any onsite issues discovered during construction are included in this task. Task 6.3: Construction Resident Observation Jones Edmunds will provide Construction Field Resident Observers to observe and document that the construction proceeds in general conformance with the Contract Documents. For this project we estimate that the Jones Edmunds Resident Observer will be onsite one day per week for the 13-month contract time. The Jones Edmunds’ Resident Observer will coordinate with the Contractor and the City’s designated representative to determine the appropriate times to be onsite each week. Additionally, we assume that over the course of the project the time needed onsite for observation will average around one-day per week, some weeks no observation may be needed, and some weeks more than one day may be required. We have included 416 hours (8 hours per week for 52 weeks) of Construction Observation time for this project. Joens Edmunds’ Resident Observers will: a. Review construction progress and installation for conformance with the Contract Documents. b. Take photographs. c. Create Daily Observation Reports. d. Review Pay Applications for concurrence with construction work progress. e. Track and monitor construction issues. CONSULTANT SUPPLEMENTAL WORK ORDER Clearwater East WRF Screw Pump Station Replacement-Engineering Services During Construction Jones Edmunds & Associates, Inc. 22-0028-UT City of Clearwater Consultant Supplemental Work Order Page 5 of 9 Revised: 10/27/2021 f. Check that materials delivered to the site are consistent with submitted materials. g. Participate in completion reviews and punch-list walkthroughs. h. Coordinate with the Construction Administrator throughout the project regarding project documentation, installation issues, and FDEP Certification of Construction Completion permitting requirements. Task 6.4: Project Closeout The Project Closeout phase includes substantial completion walkthroughs; startup of the new screw pumps; review of Record Drawings; and preparation of FDEP construction completion certification forms. a. Substantial and Final Completion Walkdowns: Jones Edmunds will conduct one Substantial Completion and one Final Completion walkdown with the Contractor and City. These walkdowns will be performed by project team members such as the Project Manager, the Engineer of Record, the Contract Administrator, and the Field Representative to observe that the Substantial and Final Completion products are in in general conformance with the Drawings, Technical Specifications, and permit requirements. b. We will prepare a punch list of items to complete during the Substantial Completion walkdown and verify that everything is complete at the Final Completion walkdown. c. We will observe the Performance Acceptance Testing of the improvements to the screw pump station and work with the Contractor to verify that components are functioning properly before turning the new facility over to the City. d. The Contractor will prepare the As-Builts for the project and Jones Edmunds will review the drawings and provide comments. Deficient as-built drawings will be returned to the Contractor for correction. The final Record Drawings will be prepared by Jones Edmunds based on the Contractor’s As-Builts. The final record drawings will be digitally marked with the record drawing stamp that states who the Contractor and Engineer of Record are for the project. e. Jones Edmunds will prepare and submit to FDEP the appropriate Certification of Construction Completion forms along with Contractor-provided as-built drawings referenced above, once approved by Jones Edmunds. 3. PROJECT GOALS: The project goal is to observe and document that the upgrades to the screw pump station at the East WRF are constructed in general conformance with the Contract Documents. The existing screw pump station components are outdated and in poor CONSULTANT SUPPLEMENTAL WORK ORDER Clearwater East WRF Screw Pump Station Replacement-Engineering Services During Construction Jones Edmunds & Associates, Inc. 22-0028-UT City of Clearwater Consultant Supplemental Work Order Page 6 of 9 Revised: 10/27/2021 condition and these improvements will reduce the potential for an on-site unauthorized discharge and provide reliable operation during storm surge events. The overall outcome and benefit of the project is to provide the City with an improved screw pump station that can continue to provide reliable service and production of reclaimed water for unrestricted public access reuse, while being more cost effective to operate and maintain, lowering the City’s power and maintenance costs. 4. FEES: See Attachment “A”. This price includes all labor and expenses anticipated to be incurred by Jones Edmunds & Associates, Inc. for the completion of these tasks in accordance with Professional Services Method “A” – Hourly Rate by Task, for a fee not to exceed Two Hundred Thirteen Thousand Two Hundred Thirty-Nine Dollars ($213,239) which includes a 10% contingency. 5. SCHEDULE: The project is to be completed in 13 months in accordance with the Construction Contract mandated construction time frames. The schedule and exact completion times for tasks included in the scope of work are all determinant on the date of the notice to proceed from the City to the selected Contractor. 6. STAFF ASSIGNMENT: The firm’s staff assignments to this project include: Sean Menard, P.E. Project Manager and Engineer of Record Zach Splayt, E.I. Engineer Intern Ron Meadows Senior CAD Designer Christopher Seufert Construction Administrator Gregg Fruecht Construction Administrator / QAQC Terry Ann LeDuc Construction Project Coordinator The City’s staff assignments to this project include: Christina Goodrich Project Manager Kaylynn Price, P.E. Engineering Manager, Utilities Travis Teuber Assistant Manager, Utilities (WRF’s) Wayne LaFleur Assistant Manager, Utilities (Infrastructure) Daniel Trueblood Infrastructure Maintenance Manager CONSULTANT SUPPLEMENTAL WORK ORDER Clearwater East WRF Screw Pump Station Replacement-Engineering Services During Construction Jones Edmunds & Associates, Inc. 22-0028-UT City of Clearwater Consultant Supplemental Work Order Page 7 of 9 Revised: 10/27/2021 Steve Heppler East WRF Chief Operator Michael Flanigan Public Utilities Assistant Director Richard G. Gardner, P.E. Public Utilities Director 7. CORRESPONDENCE/REPORTING PROCEDURES: Consultant’s project correspondence shall be directed to: Construction Administrators and Construction Project Coordinators with copies to Project Manager. All City project correspondence shall be directed to: Project Manager, with copies to the Engineering Manager, Public Utilities Assistant Director, and Director. 8. INVOICING/FUNDING PROCEDURES: City Invoicing Code: 3277327-M1907 For work performed, invoices shall be submitted monthly to: ATTN PU ACCOUNTING CITY OF CLEARWATER, PUBLIC UTILITIES DEPARTMENT 1650 North Arcturas Ave., Bldg-C CLEARWATER, FLORIDA 33765-1945 Email Invoices to: PUEngineering@myClearwater.com 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). CONSULTANT SUPPLEMENTAL WORK ORDER Clearwater East WRF Screw Pump Station Replacement-Engineering Services During Construction Jones Edmunds & Associates, Inc. 22-0028-UT City of Clearwater Consultant Supplemental Work Order Page 8 of 9 Revised: 10/27/2021 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 will be considered, as applicable, for this project in conjunction with the WRF Master Plan (17-0007-UT). 2. Submittal of a Critical Path Method (CPM) Schedule(s). 3. Submittal of a Project Catalog with the following items, as appropriate: a. Data requests, assumptions, critical correspondence, meeting agenda, sign-in sheets, meeting minutes, document comment-response log(s), technical memorandum/reports, addenda, progress reports, regulatory correspondence, and other project-related documents. b. If construction project, also include design plans, conformed plans, change orders, field orders, RFIs, work change directives, addenda, progress reports, shop drawing and progress submittals, as-builts, record drawings, and other project-related documents such as O&M manuals and warranty information. c. At the conclusion of the project, ENGINEER will combine this information into a Project Catalog and submit to the City for review and comment. 4. Arc Flash labeling requirements: a. All electrical designs and construction shall adhere to NFPA 70 E “Standard for Electrical Safety in the Workplace”. b. Updated calculations of Fault and Arc Flash, and provisions for new or updated Arc Flash equipment labeling shall be included in the contract documents. CONSULTANT SUPPLEMENTAL WORK ORDER Clearwater East WRF Screw Pump Station Replacement-Engineering Services During Construction Jones Edmunds & Associates, Inc. 22-0028-UT City of Clearwater Consultant Supplemental Work Order Page 9 of 9 Revised: 10/27/2021 12. SPECIAL CONSIDERATIONS (NOT APPLICABLE) 13. SIGNATURES: PREPARED BY: APPROVED BY: Stanley F. Ferreira, Jr., PE Richard G. Gardner, P.E. President / Chief Executive Officer Director, Public Utilities Jones Edmunds & Associates, Inc. City of Clearwater Date Date Jamie Sortevik Bell Stanley F. Ferreira, Jr. (Jul 16, 2024 15:09 EDT) Stanley F. Ferreira, Jr. Jul 16, 2024 ATTACHMENT “A” CONSULTANT SUPPLENTAL WORK ORDER – PROJECT FEES TABLE Clearwater East WRF Screw Pump Replacement Jones Edmunds & Associates, Inc. 22-0028-UT City of Clearwater Consultant Supplemental 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 6 Engineering Services During Construction 6.1 Construction Contract Administration $12,237 $55,800 $68,037 6.2 Meetings and Site Visits $11,467 $36,460 $47,927 6.3 Construction Resident Observation $0 $59,080 $59,080 6.4 Project Closeout $2,160 $16,650 $18,810 Engineering Services During Construction Total: $193,854 SUBTOTAL, LABOR AND SUB-CONTRACTORS: $193,854 7 Contingency (10%) $19,385 GRAND TOTAL $213,239 ATTACHMENT “B” (Include if applicable) CONSULTANT SUPPLEMENTAL WORK ORDER – CITY DELIVERABLES Clearwater East WRF Screw Pump Replacement Jones Edmunds & Associates, Inc. 22-0028-UT City of Clearwater Consultant Supplemental 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. June 27, 2024 City of Clearwater 100 S. Myrtle Avenue Clearwater, Florida 33756 RE: City of Clearwater East Water Reclamation Facility Screw Pump Replacement City of Clearwater: 22-0028-UT Jones Edmunds Project No.: 03720-062-01 Bid Review and Evaluation of Findings Dear Ms. Goodrich, This letter summarizes the construction contract bids received for the East Water Reclamation Facility Screw Pump Replacement project. The City of Clearwater advertisement for bids on Friday, April 2, 2024, in the Tampa Bay Times and the Invitation to Bid was also posted on BidNet Direct. Based on the interest from (3) three contractors, Jones Edmunds believes that the project was well advertised. Three bids were uploaded to BidNet for the City of Clearwater project and read publicly on May 8th, 2024. The Base Bids of these 3 bidders ranged from $2,983,143.00 to $4,502,592.88. The City determined that the apparent low bidder, Razorback, LLC, was nonresponsive due to not completing all fields of the Bid Form. TLC Diversified, Inc. submitted the lowest responsive base bid for $3,185,500.00. Jones Edmunds has reviewed the submitted bid package provided by TLC Diversified, Inc. with the following findings: • Jones Edmunds downloaded a D&B report and a SAM report on TLC Diversified, Inc. and they were marked as a low to moderate risk for late payment. Jones Edmunds suggests obtaining partial lien releases regularly during construction to ensure payments are made to suppliers and subcontractors. TLC Diversified, Inc. is not a federally debarred contractor. • The Contractor provided a pre-qualifying letter from the City of Clearwater therefore, since no references were provided / required, Jones Edmunds did not investigate the Contractor’s experience, reputation, performance, past projects, and outstanding projects. Ms. Goodrich June 27, 2024 Page 2 While the final determination of which contractor will be awarded this project will be made by the City of Clearwater, Jones Edmunds believes the bid by TLC Diversified, Inc. to be responsive and, based on the findings above, does not take exception to awarding the project to the lowest responsive bidder, TLC Diversified, Inc., for the bid amount of $3,185,500.00. If you have any questions or comments, feel free to contact me at (727) 432-1326 or gfruecht@jonesedmunds.com. Sincerely, Gregg S. Fruecht Sr. Construction Administrator JONES EDMUNDS & ASSOCIATES, INC. 324 S. Hyde Park Avenue, Suite 250 Tampa, Florida 33606 gfruecht@jonesedmunds.com Credit Evaluator Plus T.L.C. DIVERSIFIED, INC. D-U-N-S:13-178-8242 ADDRESS:2719 17th St E,Palmetto,FL,34221,United States Date:06/13/2024 RISK ASSESSMENT SCORES AND RATINGS Max. Credit Recommendation US$140,000 PAYDEX® SCORE 63 LOW-MODERATE RISK MAXIMUM CREDIT RECOMMENDATION Overall Business Risk LOW LOW- MODERATE MODERATE MODERATE- HIGH HIGH Maximum Credit Recommendation US$140,000 The recommended limit is based on a low- moderate probability of severe delinquency. Dun & Bradstreet Thinks... ˇOverall assessment of this organization over the next 12 months:STABILITY CONCERNS ˇBased on the predicted risk of business discontinuation:HIGHER THAN AVERAGE RISK OF DISCONTINUED OPERATIONS OR BUSINESS INACTIVITY ˇBased on the predicted risk of severely delinquent payments:MODERATE POTENTIAL FOR SEVERELY DELINQUENT PAYMENTS PAYDEX SUMMARY® 3 Months 65 Low Risk (100)High Risk (1) When weighted by dollar amount, payments to suppliers average 19 days beyond terms. Value is based on payments collected over the last .3 months 24 Months 63 Low Risk (100)High Risk (1) When weighted by dollar amount, payments to suppliers average 20 days beyond terms. Value is based on payments collected over the last .24 months PAYDEX®Based on 24 months of data 63 Low Risk (100)High Risk (1) Based on a D&B PAYDEX of® Risk of Slow Pay LOW-MODERATE Payment Behavior 20 Days Beyond Terms Business and Industry Trends 1629 - Heavy construction Industry Median Industry Upper Industry Low T.L.C. DIVERSIFIED, INC. 100 90 80 70 60 50 40 30 20 10 0 JUL 2022 AUG 2022 SEP 2022 OCT 2022 NOV 2022 DEC 2022 JAN 2023 FEB 2023 MAR 2023 APR 2023 MAY 2023 JUN 2023 JUL 2023 AUG 2023 SEP 2023 OCT 2023 NOV 2023 DEC 2023 JAN 2024 FEB 2024 MAR 2024 APR 2024 MAY 2024 JUN 2024 TRADE PAYMENTS TRADE PAYMENTS SUMMARY Based on 24 months of data Overall Payment Behavior 20 Days Beyond Terms Highest Now Owing:US$250,000 % of Trade Within Terms 77% Total Trade Experiences:59 Largest High Credit:US$500,000 Average High Credit:US$32,238 Highest Past Due US$250,000 Total Unfavorable Comments:0 Largest High Credit:US$0 Total Placed in Collections:0 Largest High Credit:US$0 TRADE PAYMENTS BY CREDIT EXTENDED $ CREDIT EXTENDED % OF PAYMENTS WITHIN TERMS # PAYMENT EXPERIENCES TOTAL & DOLLAR AMOUNT OVER 100,000 50%3 $1,150,000 50,000 - 100,000 57%3 $175,000 15,000 - 49,999 62%6 $125,000 5,000 - 14,999 70%12 $75,000 1,000 - 4,999 82%8 $17,000 UNDER 1,000 82%16 $5,450 EVENTS LEGAL EVENTS The following Public Filing data is for information purposes only and is not the official record. Certified copies can only be obtained from the official source. SUITS TOTAL 0 LAST FILING DATE - JUDGEMENTS TOTAL 0 LAST FILING DATE - LIENS TOTAL 0 LAST FILING DATE - UCC FILINGS TOTAL 30 LAST FILING DATE 03/01/2024 General:The public record items contained in this report may have been paid, terminated, vacated or released prior to the date this was reported. This information may not be reproduced in whole or in part by any means of reproduction. UCC Filings:There may be additional UCC Filings in the D&B file on this company which are available by contacting 1-800-234-3867. Suits, Liens, Judgements:There may be additional suits, liens, or judgements in D&B's file on this company available in the U.S. Public Records Database that are also covered under your contract. If you would like more information on this database, please contact the Customer Resource Center at 1-800-234-3867. Lien:A lien holder can file the same lien in more than one filing location. The appearance of multiple liens filed by the same lien holder against a debtor may be indicative of such an occurrence. COMPANY PROFILE COMPANY OVERVIEW Named Principal THURSTON LAMBERSON, PRES Age (Year Started) 39 years (1985) Employees 75 Business Form Unknown Annual Sales US$28,888,548 Line of Business Heavy construction SIC 1629 ©Dun & Bradstreet, Inc.2024.All rights reserved. Privacy Policy Terms of Use TLC DIVERSIFIED, INC. Unique Entity ID G5W2S9J3E839 CAGE / NCAGE 5EAV0 Purpose of Registration All Awards Registration Status Inactive Registration Expiration Date May 30, 2024 Physical Address 2719 17TH ST E Palmetto, Florida 34221-9314 United States Mailing Address 2719 17TH ST. E. Palmetto, Florida 34221-9314 United States Business Information Doing Business as TLC DIVERSIFIED INC Division Name (blank) Division Number (blank) Congressional District Florida 16 State / Country of Incorporation Florida / United States URL http://www.tlcdiversified.com Registration Dates Activation Date Jun 2, 2023 Submission Date May 31, 2023 Initial Registration Date Apr 9, 2009 Entity Dates Entity Start Date Apr 4, 1985 Fiscal Year End Close Date Dec 31 Immediate Owner CAGE (blank) Legal Business Name (blank) Highest Level Owner CAGE (blank) Legal Business Name (blank) Executive Compensation Registrants in the System for Award Management (SAM) respond to the Executive Compensation questions in accordance with Section 6202 of P.L. 110-252, amending the Federal Funding Accountability and Transparency Act (P.L. 109-282). This information is not displayed in SAM. It is sent to USAspending.gov for display in association with an eligible award. Maintaining an active registration in SAM demonstrates the registrant responded to the questions. Proceedings Questions Registrants in the System for Award Management (SAM.gov) respond to proceedings questions in accordance with FAR 52.209-7, FAR 52.209-9, or 2. C.F.R. 200 Appendix XII. Their responses are displayed in the responsibility/qualification section of SAM.gov. Maintaining an active registration in SAM.gov demonstrates the registrant responded to the proceedings questions. Exclusion Summary Active Exclusions Records? No SAM Search Authorization I authorize my entity's non-sensitive information to be displayed in SAM public search results: Yes Entity Types Business Types Entity Structure Corporate Entity (Not Tax Exempt) Entity Type Business or Organization Organization Factors (blank) Profit Structure For Profit Organization Last updated by Linda Moore on May 31, 2023 at 02:00 PM TLC DIVERSIFIED, INC. Jun 13, 2024 01:53:17 PM GMT https://sam.gov/entity/G5W2S9J3E839/coreData?status=null Page 1 of 3 Socio-Economic Types Self Certified Small Disadvantaged Business Check the registrant's Reps & Certs, if present, under FAR 52.212-3 or FAR 52.219-1 to determine if the entity is an SBA-certified HUBZone small business concern. Additional small business information may be found in the SBA's Dynamic Small Business Search if the entity completed the SBA supplemental pages during registration. Financial Information Accepts Credit Card Payments No Debt Subject To Offset No EFT Indicator 0000 CAGE Code 5EAV0 Points of Contact Electronic Business DALAS LAMBERSON, PRESIDENT 2719 17TH Street East Palmetto, Florida 34221 United States MARK SELPH, VP of Operations 2719 17TH Street East Palmetto, Florida 34221 United States Government Business DALAS LAMBERSON, PRESIDENT 2719 17TH Street East Palmetto, Florida 34221 United States THURSTON LAMBERSON, CFO/TREASURER 2719 17TH Street East Palmetto, Florida 34221 United States Past Performance DALAS LAMBERSON, PRESIDENT 2719 17TH Street East Palmetto, Florida 34221 United States Mark Selph, VP of Operations 2719 17TH Street East Palmetto, Florida 34221 United States Service Classifications NAICS Codes Primary Yes NAICS Codes 221320 NAICS Title Sewage Treatment Facilities 237110 Water And Sewer Line And Related Structures Construction Product and Service Codes PSC PSC Name S114 Utilities- Water Y1NE Construction Of Water Supply Facilities Y1NZ Construction Of Other Utilities Disaster Response Yes, this entity appears in the disaster response registry. Yes, this entity require bonding to bid on contracts. Bonding Levels Dollars Construction Aggregate $150,000,000.00 Construction Per Contract $50,000,000.00 Last updated by Linda Moore on May 31, 2023 at 02:00 PM TLC DIVERSIFIED, INC. Jun 13, 2024 01:53:17 PM GMT https://sam.gov/entity/G5W2S9J3E839/coreData?status=null Page 2 of 3 States Florida Counties (blank) Metropolitan Statistical Areas (blank) Last updated by Linda Moore on May 31, 2023 at 02:00 PM TLC DIVERSIFIED, INC. Jun 13, 2024 01:53:17 PM GMT https://sam.gov/entity/G5W2S9J3E839/coreData?status=null Page 3 of 3 BID TABULATION City of Clearwater East WRF Screw Press Pump Station Replacement Jones Edmunds Project No. 03720-062-01 Bid Date: May 8, 2024 - 2:00 pm Base Bid Item #Unit QTY Description Unit Price Extended Price Unit Price Extended Price Unit price Extended Price 1 LS 1 Mobilzation/Demobilization (not to exceed 8% of Total Base Bid) 251,000.00$ 251,000.00$ 327,385.00$ 327,385.00$ 225,143.00$ 225,143.00$ 2 LS 1 Screw Lift Station Updgrades 2,424,000.00$ 2,424,000.00$ 3,525,045.00$ 3,525,045.00$ 2,506,000.00$ 2,506,000.00$ 3 AL 1 Refurbishment of Slide Gates 144,000.00$ 144,000.00$ 144,000.00$ 144,000.00$ 144,000.00$ 144,000.00$ 4 LF 300 Crack Repair 210.00$ 63,000.00$ 264.80$ 79,440.00$ 250.00$ 75,000.00$ 5 SF 15 Spall Repair 500.00$ 7,500.00$ 760.00$ 11,400.00$ 1,200.00$ 18,000.00$ 6 LF 75 Expansion Joint Repair 80.00$ 6,000.00$ 79.95$ 5,996.25$ 200.00$ 15,000.00$ 7 LS 1 Owner's Contingency 289,000.00$ 289,000.00$ 409,326.63$ 409,326.63$ -$ -$ Total Base Bid Amount 3,184,500.00$ 4,502,592.88$ $2,983,143.00 A 1 LS Slide Gate Replacement - N/A - N/A + $97,515.00 + $97,515.00 No Bid No Bid B 1 LS Individual Bypass - N/A - N/A N/A N/A No Bid No Bid C 1 LS Omitting Concrete Reapir of Effluent Channel - N/A - N/A - $34,315.00 - $34,315.00 No Bid No Bid A. Proposal / Bid Bond X X X X X X C. Affidavit X X XD. Non-Collusion Affidavit X X XE. Proposal X X XF. Addendum Sheet X X XG. Bidder's Proposal X X XH. Scrutinized Companies and Business Operations with Cuba and Syria Certification Form X X XI. Scrutinized Companies that Boycott Israel List Certification Form X X XJ. E-Verify Form X X XK. Florida Trench Safety Form X Calculation Error Non-Responsive Total Alternate Bid Amount B. Power of Attorney ATTACHMENTS TO BID Palmettto, Florida Tarpon Springs, Florida C&T Contracting Services, LLC 11023 Countryway Blvd., Tampa, Florida Razorback LLC 177 Anclote Road Deductive Bid Alternate TLC Diversified, Inc. 2719 17th St. East Y:\03720-City of Clearwater\Projects\062-01 Clearwater East WRF Screw Pump Station Replacement\Construction Services\BidPhase\Bid Evaluation Documents for the City\Draft_Bid Tabulation_Clearwater East WRF Screw Press Pump Station_Detailed 1 6/27/2024 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#24-0983 Agenda Date: 9/4/2024 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Public Utilities Agenda Number: 6.21 SUBJECT/RECOMMENDATION: Approve Supplemental Work Order 2 (SWO 2) to Jones Edmunds and Associates, Inc., for the East Plant Water Reclamation Facility (WRF) Filter Feed Pump Station and Force Main Improvements project (17-0048-UT), in the amount of $281,342.88, increasing the work order from $248,914.00 to $530,256.88, and authorize the appropriate officials to execute same. (consent) SUMMARY: The East Water WRF has a Filter Feed Pump Station that pumps clarifier effluent to the sand filters. The Filter Feed Pump Station is the only means to convey clarifier effluent to the filters, and therefore is a critical pump station for plant reliability. Due to age, condition, and risk/consequence of failure, the Filter Feed Pump Station discharge piping, valves, ancillary and equipment need to be rehabilitated and/or replaced. The sand filter process is a critical near last step in the treatment process to ensure quality effluent discharge to the bay. February 27, 2018, the City Manager approved the initial work order to Jones Edmunds & Associates, Inc., to provide a basis of design report for the rehabilitation of the East WRF Filter Feed Pump Station and force main in the amount of $93,550.00. February 2, 2022, City Council approved a Supplemental Work Order for design, permitting, and bid phase services (construction management services were not included) to improve the Filter Feed Pump Station and force main in the amount of $155,364.00, increasing the work order to 248,914.00. Scope included potential resiliency improvements such as raising electrical components and the top elevation of the wet well. June 8, 2022, the project was put on hold at 60% design, pending a decision on the City’s desire to consolidate all three WRFs. However, the conditions have deteriorated to the point that it can no longer wait for consolidation. The project needs to be resumed to address the problem and keep the filters in operation while waiting for consolidation. Since the project was paused, engineering costs have increased pursuant to Request for Qualifications (RFQ) 26-22, Engineer of Record Continuing Services (EOR), requiring additional funds to complete the preconstruction work (design, permitting, and bidding). SWO 2 for Jones Edmunds & Associates, Inc., in the amount of $281,342.88, includes design, permitting, bidding, and construction management of the East Plant WRF Filter Feed Pump Station & Force Main Improvements project. Jones Edmunds & Associates, Inc. was selected due to the ability of their professional personnel and past performance on similar projects. Jones Edmunds & Associates is known for delivering a quality project and product. They have experience and understand types of utilities as well as specific experience with Clearwater facilities. Page 1 City of Clearwater Printed on 9/3/2024 File Number: ID#24-0983 Project benefits are improved process efficiencies, ongoing rehabilitation, and restoration strategy of treatment infrastructure.  The City of Clearwater’s Public Utilities Department is responsible for owning, operating, and maintaining the sanitary sewer collection system and East WRF. APPROPRIATION CODE AND AMOUNT: 3217321-530100-96214 - $281,342.88 Sufficient funds are available in capital improvement project 96214, East Plant Upgrades & Improvements, to fund this work order. This project is funded by Water and Sewer Utility Enterprise Fund revenues. STRATEGIC PRIORITY: In furtherance of the Council’s Strategic Plan to achieve High Performing Government by maintaining public infrastructure through systematic management efforts, approval of Supplemental Work Order 1 to Jones Edmunds & Associates, Inc. is requested. Page 2 City of Clearwater Printed on 9/3/2024 Jones Edmunds & Associates, Inc. City of Clearwater Consultant Supplemental Work Order Page 1 of 20 Revised: 8/3/2021 CONSULTANT SUPPLEMENTAL WORK ORDER 1 17-0048-UT Date: 07/17/2024 1. PROJECT INFORMATION: Project Title: East WRF Filter Feed Pump Station & Force Main Improvements Design and Bid Phase Services City Project Number: 17-0048-UT City Plan Set Number: 2021018 Consultant Project Number: 03720-060-02 2. SCOPE OF SERVICES: Jones Edmunds & Associates, Inc. is pleased to provide the City of Clearwater with this supplemental proposal to adjust the original design, permitting, and bid phase services to improve the East WRF Filter Feed Pump Station (FFPS) and force main. The existing FFPS consists of a large rectangular single-compartment concrete wet well that houses four submersible non-clog pumps (two jockey and two main duty), electrical panels, and an external valve vault that houses discharge piping and valves (check and plug valves) for each pump. The discharge piping connects to a 30-inch-diameter force main that feeds the effluent filters. Due to age, condition, and risk/consequence of failure, the FFPS pump discharge piping and valves need to be replaced. The 30-inch force main is not part of this evaluation. Other FFPS equipment is also outdated and is suspected to be in poor condition and needs replacing. These components need to be improved so that they can continue to reliably serve the City. The FFPS is the only means to convey clarifier effluent to the filters, and therefore it is a critical pump station for plant reliability. The extents of this supplemental work order are only to refurbish the pump station close to original conditions and layout. No CONSULTANT SUPPLEMENTAL WORK ORDER East WRF Filter Feed Pump Station & Force Main Improvements Design and Bid Phase Services Jones Edmunds & Associates, Inc 17-0048-UT City of Clearwater Consultant Supplemental Work Order Page 2 of 20 Revised: 8/3/2021 improvements to layout, operation, or design are anticipated other than replacing equipment, piping, and valves in-kind and repairs to the existing structures. As part of this project, Jones Edmunds will continue with the design and bid phase services using portions of the 30% documents provided in the basis of design report (BDR), as agreed to by the City. These primarily include information in the BDR, that Jones Edmunds recommended the City proceed by installing new non-clog submersible pumps in the existing FFPS wet well, relocate the FFPS valve assembly above-grade to increase the accessibility of the valves, and implement the recommended structural modifications. This scope of services includes the work to complete the modified design and bid phase services as well as provide construction services for the project. Details of the Scope of Services are further defined below. The design plans shall be compiled using the City of Clearwater CAD standards, as attached. I. PRE-DESIGN PHASE: Task 1.1: PREVIOUSLY COMPLETED II. DESIGN PHASE: Task 2.1: PREVIOUSLY COMPLETED Task 2.2: PREVIOUSLY COMPLETED III. FINAL DESIGN PHASE (Plans and Specifications): Task 3.1: Updated 60% Design Submittal As part of the Updated 60% Design Submittal, Jones Edmunds will: a. Incorporate the City’s previous 30% and 60% Design Review Comments to progress the design, including adjusting the design to rehabilitate the filter feed pump station in lieu of replacing it. This design originated in 2018 and delivered Basis of Design Report and 30% Drawings before being placed on hold due to the project estimate exceeding the CCNA limit and needing to be advertised for RFP. When it was awarded and resumed in February 2022 the 60% design submittal was able to be delivered before the project was placed on hold again June 2022 at the request of the City due to master planning that could impact the future of the facility. It is being resumed now and the 60% submittal is being re-prepared with the updated design conditions. b. Prepare the following documents: • City’s Summary of Comments Form containing responses to the City’s previous comments. CONSULTANT SUPPLEMENTAL WORK ORDER East WRF Filter Feed Pump Station & Force Main Improvements Design and Bid Phase Services Jones Edmunds & Associates, Inc 17-0048-UT City of Clearwater Consultant Supplemental Work Order Page 3 of 20 Revised: 8/3/2021 • Updated 60% Design Plans. The Design Plans will be updated to reflect the rehabilitation in place of replacement. Drawings will be adjusted using the City’s CAD standards. The updated 60% Design Plans are expected to include: o G1 – Cover Sheet o G2 – Drawing Index and General Notes o G3 – Abbreviations and Designations o G4 – Process Flow Diagram o D1 – Demolition Notes and Legend o D2 – Filter Feed Pump Station Demolition Plan and Section o C1 –Bypass Piping Layout o C2 – Site Plan Existing Conditions West o C3 – Site Plans Existing Conditions East o S1 – Structural Notes, Abbreviations, and Symbols o S2 – Filter Feed Pump Station Improvements o S3 – Filter Feed Pump Station Improvement Details o S4 – Standard Details o M1 – Mechanical Legend and Pipe Schedule o M2 – Filter Feed Pump Station Plan o M3 – Filter Feed Pump Station Sections o M4 – Mechanical Details o M5 – Mechanical Details o E1 – Electrical Site Plan o E2 – Electrical One-Line Diagram o I1 – Overall Piping, Instrumentation, and Controls (P&ID) Diagram • 60% Specifications. The 60% design specifications are expected to include: o Division 01 o Division 02 o Division 03 o Division 05 o Division 09 o Division 11 o Division 15 o Division 16 • Producing an opinion of probable construction cost. c. Attend updated 60% Design Review Meetings to obtain and discuss the City’s comments, agree on modifications to the Submittal Documents. Prepare and distribute meeting agendas. Prepare and submit meeting minutes to attendees by e-mail. CONSULTANT SUPPLEMENTAL WORK ORDER East WRF Filter Feed Pump Station & Force Main Improvements Design and Bid Phase Services Jones Edmunds & Associates, Inc 17-0048-UT City of Clearwater Consultant Supplemental Work Order Page 4 of 20 Revised: 8/3/2021 d. Provide Drawings to FDEP to receive confirmation in writing that this project is considered ‘Maintenance’ in accordance with Florida Administrative Code 62-620.200 (26)(a) and to formalize correspondence with FDEP that took place Spring 2024. e. Attend a Building Permit coordination meeting to verify that no City Building Permit is required as part of this project. Deliverables • Updated 60% Submittal – Submit an electronic PDF version of the updated 60% Design specifications and plans. Submit one hard copy of the updated 60% specifications and plans, if requested. • Updated 60% meeting agenda and minutes. • City’s Summary of Comments Form. • Jones Edmunds will provide the City with confirmation from FDEP in writing that no permit is required. • Jones Edmunds will provide the City Utility staff with confirmation from City Building Permit staff in writing that no permit is required. Key Assumptions • Jones Edmunds assumes no more than three meetings will be held to review the updated 60% submittal and coordinate additional design decisions following that. • Jones Edmunds assumes the February 08, 2024 Site Visit and March 04, 2024 Re-Kickoff Meeting addressed all comments and kick-off discussion and no additional meetings are required between Notice to Proceed and beginning the updated 60% Updated Design work. • Jones Edmunds assumes no permit application forms are required. • Jones Edmunds assumes no meetings are required. • Jones Edmunds assumes no permits are required. However, if it is determined that any are, funds are included in the Time and Materials Tasks 4.1 and 4.2 to address them. Notes • The original work order has no remaining budget to complete Task 3.1, so supplemental funding is needed. Task 3.2: 90% Design Submittal As part of the 90% Design Submittal, Jones Edmunds will: a. Incorporate the City’s Updated 60% Design Review Comments and progress the design. b. Prepare the following documents: CONSULTANT SUPPLEMENTAL WORK ORDER East WRF Filter Feed Pump Station & Force Main Improvements Design and Bid Phase Services Jones Edmunds & Associates, Inc 17-0048-UT City of Clearwater Consultant Supplemental Work Order Page 5 of 20 Revised: 8/3/2021 • City’s Summary of Comments Form containing responses to the City’s previous comments. • 90% Design Plans. The Design Plans will be developed using the City’s CAD standards. The 90% Design Plans are expected to include: o G1 – Cover Sheet o G2 – Drawing Index and General Notes o G3 – Abbreviations and Designations o G4 – Process Flow Diagram o D1 – Demolition Notes and Legend o D2 – Filter Feed Pump Station Demolition Plan and Section o C1 –Bypass Piping Layout o C2 – Site Plan Existing Conditions West o C3 – Site Plans Existing Conditions East o S1 – Structural Notes, Abbreviations, and Symbols o S2 – Filter Feed Pump Station Improvements o S3 – Filter Feed Pump Station Improvement Details o S4 – Standard Details o M1 – Mechanical Legend and Pipe Schedule o M2 – Filter Feed Pump Station Plan o M3 – Filter Feed Pump Station Sections o M4 – Mechanical Details o M5 – Mechanical Details o E1 – Electrical Site Plan o E2 – Electrical One-Line Diagram o E3 – Electrical Room Plan o E4 – Electrical Schedule, Schematic, and Details o E5 – Electrical Schedule and Details o I1 – P&ID o I2 – Control System Diagram o I3 – Control Panel Details • 90% Specifications. The 90% design specifications are expected to include: o Division 1 o Division 2 o Division 3 o Division 5 o Division 9 o Division 11 o Division 15 o Division 16 • Updating the opinion of probable construction cost. CONSULTANT SUPPLEMENTAL WORK ORDER East WRF Filter Feed Pump Station & Force Main Improvements Design and Bid Phase Services Jones Edmunds & Associates, Inc 17-0048-UT City of Clearwater Consultant Supplemental Work Order Page 6 of 20 Revised: 8/3/2021 c. Attend 90% Design Review Meetings to obtain and discuss the City’s comments, agree on modifications to the Submittal Documents. Prepare and distribute a meeting agenda. Prepare and submit meeting minutes to attendees by e-mail. Deliverables • 90% Submittal – Submit an electronic PDF version of the 90% Design specifications and plans. Submit one hard copy of the 90% specifications and plans, if requested. • Initial Engineer’s Opinion of Probable Construction Cost. • 90% meeting agenda and minutes. • City’s Summary of Comments Form. Key Assumptions • Jones Edmunds assumes no more than three meetings will be held to review the 90% submittal and coordinate additional design decisions following that. Notes • The original work order’s budget is not sufficient to complete Task 3.2, so supplemental funding is needed. Task 3.3: 100% Design Submittal a. Incorporate the City’s 90% Design Review Comments and progress the design. b. Prepare the following documents: • City’s Summary of Comments Form containing responses to the City’s previous comments. • 100% Design Plans. The design plans will be developed using the City’s CAD standards. The 100% Design Plans are expected to include the sheets as previously listed under Task 3.2. • Contract Documents and 100% Specifications. The Contract Documents include the City’s front ends (Section I, II, III, IV, and V). The 100% Specifications will include Jones Edmunds Technical Specifications including Divisions 1, 2, 3, 5, 9, 11, 15, and 16 which will be inserted into City Section IVa. • Updated Engineer’s Opinion of Probable Construction Cost. CONSULTANT SUPPLEMENTAL WORK ORDER East WRF Filter Feed Pump Station & Force Main Improvements Design and Bid Phase Services Jones Edmunds & Associates, Inc 17-0048-UT City of Clearwater Consultant Supplemental Work Order Page 7 of 20 Revised: 8/3/2021 c. Attend Review Meetings to obtain and discuss the City’s comments and agree on modifications to the Submittal Documents, if needed, prior to Bid Advertisement, and discuss the Bidding and Construction Schedule. Prepare and distribute a meeting agenda. Prepare and submit meeting minutes to attendees by e-mail. Deliverables • 100% Submittal – Submit an electronic PDF version of the 100% Design specifications and plans. Submit one hard copy of the 100% specifications and plans, if requested. • 100% meeting agenda and minutes. • Engineer’s Opinion of Probable Construction Cost. • City’s Summary of Comments Form. Key Assumptions • Jones Edmunds assumes no more than three meetings will be held to review the 100% submittal and coordinate additional design items following that. • Jones Edmunds assumes this deliverable will be used for Bidding Purposes. If substantial comments are received, additional funds and time may be required to produce Bid Documents. Notes • The original work order’s budget is not sufficient to complete Task 3.3, so supplemental funding is needed. • The original work order’s former Task 3.4, Bid Submittal, will now be addressed between Tasks 3.3 and 5.1. Those funds may be used to supplement other tasks, as required. IV. PERMITTING (if required): Task 4.1: WRF Permitting Assistance Jones Edmunds will provide the following FDEP permitting assistance related to the WRF, if required: a. Attend one pre-application meeting with the FDEP and the City. b. Prepare the required FDEP wastewater permit application forms after the 60% design activities are completed: • 62-620.910(1), Wastewater Facility or Activity Permit Application – General Information – Form 1. CONSULTANT SUPPLEMENTAL WORK ORDER East WRF Filter Feed Pump Station & Force Main Improvements Design and Bid Phase Services Jones Edmunds & Associates, Inc 17-0048-UT City of Clearwater Consultant Supplemental Work Order Page 8 of 20 Revised: 8/3/2021 • 62-620-910(2), Wastewater Permit Application Form 2A for Domestic Wastewater Facilities and associated permit application package, including calculations, exhibits, maps, and the drawings and specifications. • Respond to up to two Requests for Additional Information (RAIs) from FDEP. Deliverables: • Jones Edmunds will prepare the FDEP meeting agenda and minutes. Jones Edmunds will prepare and submit the draft permit application package for City review. Jones Edmunds will submit one electronic copy of the fully executed permit application package to the City. Key Assumptions • Jones Edmunds will use FDEP’s standard application forms as provided on the FDEP website, if it is determined that a permit is required. • Jones Edmunds assumes one meeting per permit application and two RAIs will be sufficient to satisfy the applications. • An allowance of $500 is included in the fee estimate for the permit application fee, if required. If any additional permits are required beyond those described herein for the project, an amendment to the scope of services and fee will be required. Notes • The original work order’s budget is not sufficient to complete Task 4.1, so supplemental funding is needed. • The original work order’s former Task 4.2, Stormwater Permitting Assistance, is no longer required. Those funds were reallocated to fund the new Task 6.1. Task 4.2: City Building Permit Jones Edmunds will provide the following City Building Permit assistance related to the WRF, if required: a. Attend a Building Permit coordination meeting. b. Prepare and submit the draft drawings to the City building department. Deliverables • Jones Edmunds will electronically submit the building permit application. Key Assumptions • The General Contractor will be responsible for obtaining the Building Permit, if required. CONSULTANT SUPPLEMENTAL WORK ORDER East WRF Filter Feed Pump Station & Force Main Improvements Design and Bid Phase Services Jones Edmunds & Associates, Inc 17-0048-UT City of Clearwater Consultant Supplemental Work Order Page 9 of 20 Revised: 8/3/2021 Notes • The original work order’s budget is not sufficient to complete Task 4.2, so supplemental funding is needed. V. BIDDING PHASE: Task 5.1: Bid Phase Services a. Attend a Pre-Bid Meeting prepared and led by the City’s project manager and procurement specialist, with the City’s Operations and Engineering staff in attendance. b. Review project questions from bidders and prepare responses so City may issue addenda if necessary. c. Evaluate the bidders’ bid proposals and provide the City with a Bid Tab and Bid Evaluation Letter based on findings. Key Assumptions • Jones Edmunds assumes one pre-bid meeting for the project. • Jones Edmunds has budgeted for three addenda in response to Contractor’s questions. • Jones Edmunds has budgeted for five bid proposal evaluations. • ADA compliant bid documents are not included in this scope of services. Notes • The original work order’s budget is sufficient to complete Task 5.1, so no additional funds are needed. • The available budget exceeded the revised fee. The surplus budget, after covering the fee for Task 5.1, was reallocated to fund the new Task 6.1. VI. CONSTRUCTION PHASE: Task 6.1: Construction Contract Administration Construction Contract Administration services are based on a 10 month to substantial completion construction schedule. Jones Edmunds will provide the following Construction Contract Administration services: CONSULTANT SUPPLEMENTAL WORK ORDER East WRF Filter Feed Pump Station & Force Main Improvements Design and Bid Phase Services Jones Edmunds & Associates, Inc 17-0048-UT City of Clearwater Consultant Supplemental Work Order Page 10 of 20 Revised: 8/3/2021 a. Submittals: Jones Edmunds will receive, log, review, and issue comments on project construction submittals. Project submittals will include administrative submittals (i.e., construction schedules and work plans), shop drawings and product data for the materials to be incorporated into the project, warranties, samples, and operations and maintenance manuals. Jones Edmunds estimates approximately 35 submittals for this project. This Scope of Services includes an initial review and one re-submittal review for each submittal. Submittals will be immediately returned to the Contractor if all deviations are not listed as requested on the project forms. b. Requests for Information (RFIs): Jones Edmunds will review and respond to up to 15 RFIs submitted by the Contractor. RFIs are submitted by the Contractor when questions regarding the Construction Documents arise that need clarification from the Engineer. c. Change Orders: Jones Edmunds will notify the City immediately when an issue arises that may affect the cost or time of the project and will process up to four minor Change Orders. d. Construction Field Orders (CFOs): Jones Edmunds will prepare up to four CFOs. CFOs are used for minor adjustments to the Contract Documents that can be completed in the field and have no effect on the project cost or time. e. Proposed Contract Modifications (PCMs): Jones Edmunds will review up to four PCMs for conformance with the Contract Documents and process the PCMs as requested by the City. PCMs may be submitted by the Contractor when deviations to the Contract Drawings or Specifications occur that they believe affect the cost of the project. f. Notices of Non-Compliance: Jones Edmunds will assist with up to two Notices of Non-Compliance as coordinated with the City. Jones Edmunds will prepare, log, and issue the Notices of Non-Compliance. g. Pay Applications: Jones Edmunds will process up to 11 Pay Applications. We will receive the Pay Applications from the Contractor, log and review them with the Resident Observer (RO) and the City’s representative and make payment recommendations to the City. Notes • Task 6.1 is a new task. • Budget from tasks that have been removed or completed along with surplus funds from tasks due to fee adjustments have been reallocated to support task 6.1. • Supplemental funding will be required to cover the rest of task 6.1 fee. CONSULTANT SUPPLEMENTAL WORK ORDER East WRF Filter Feed Pump Station & Force Main Improvements Design and Bid Phase Services Jones Edmunds & Associates, Inc 17-0048-UT City of Clearwater Consultant Supplemental Work Order Page 11 of 20 Revised: 8/3/2021 Task 6.2: Meetings and Site Visits The following meetings will be led by the Jones Edmunds Contract Administrator either onsite or at a location of the City’s designation. Site visits by the discipline specific Engineers of Record for the project to observe that construction is proceeding in general conformance with the design criteria are included in this task. a. Jones Edmunds will conduct one pre-construction conference at a location selected by the City. At the pre-construction conference, the fully executed Contract Documents will be distributed and the Notice to Proceed date will be agreed upon by all stakeholders on the project. o The City representatives and the Contractor will be invited to the preconstruction conference. b. Jones Edmunds will hold up to 10 progress meetings (approximately one meeting per month) during the project. The progress meetings are to review the construction progress up to that point, review the monthly pay application, and discuss any issues that have occurred on the project. Meeting minutes will be prepared by the Engineer. c. Site visits by the Structural, Mechanical, and Electrical Engineers of Record to observe construction progress and to assist with any onsite issues discovered during construction are included in this task. Notes • Task 6.2 is a new task. • Supplemental funding will be required to cover task 6.2 fee. Task 6.3: Construction Resident Observation Jones Edmunds will provide Construction Field Resident Observers to observe and document that the construction proceeds in general conformance with the Contract Documents. For this project we estimate that the Jones Edmunds Resident Observer will be onsite one day per week for the 10-month contract time. The Jones Edmunds’ Resident Observer will coordinate with the Contractor and the City’s designated representative to determine the appropriate times to be onsite each week. Additionally, we assume that over the course of the project the time needed onsite for observation will average around one-day per week, some weeks no observation may be needed, and some weeks more than one day may be required. We have included 320 hours (8 hours per week for 40 weeks) of Construction Observation time for this project. CONSULTANT SUPPLEMENTAL WORK ORDER East WRF Filter Feed Pump Station & Force Main Improvements Design and Bid Phase Services Jones Edmunds & Associates, Inc 17-0048-UT City of Clearwater Consultant Supplemental Work Order Page 12 of 20 Revised: 8/3/2021 Joens Edmunds’ Resident Observers will: a. Review construction progress and installation for conformance with the Contract Documents. b. Take photographs. c. Create Daily Observation Reports. d. Review Pay Applications for concurrence with construction work progress. e. Track and monitor construction issues. f. Check that materials delivered to the site are consistent with submitted materials. g. Participate in completion reviews and punch-list walkthroughs. h. Coordinate with the Construction Administrator throughout the project regarding project documentation, installation issues, and FDEP Certification of Construction Completion permitting requirements. Notes • Task 6.3 is a new task. • Supplemental funding will be required to cover task 6.3 fee. Task 6.4: Project Closeout The Project Closeout phase includes substantial completion walkdowns; startup of the new screw pumps; review of Record Drawings; and preparation of FDEP construction completion certification forms. a. Substantial and Final Completion Walkdowns: Jones Edmunds will conduct one Substantial Completion and one Final Completion walkdown with the Contractor and City. These walkdowns will be performed by project team members such as the Project Manager, the Engineer of Record, the Contract Administrator, and the Field Representative to observe that the Substantial and Final Completion products are in in general conformance with the Drawings, Technical Specifications, and permit requirements. b. We will prepare a punch list of items to complete during the Substantial Completion walkdown and verify that everything is complete at the Final Completion walkdown. c. We will observe the Performance Acceptance Testing of the improvements to the screw pump station and work with the Contractor to verify that components are functioning properly before turning the new facility over to the City. CONSULTANT SUPPLEMENTAL WORK ORDER East WRF Filter Feed Pump Station & Force Main Improvements Design and Bid Phase Services Jones Edmunds & Associates, Inc 17-0048-UT City of Clearwater Consultant Supplemental Work Order Page 13 of 20 Revised: 8/3/2021 d. The Contractor will prepare the Record Drawings for the project and Jones Edmunds will review the Drawings and provide comments. Deficient as-built drawings will be returned to the Contractor for correction. The final Record Drawings will be digitally marked with the record drawing stamp that states who the Contractor and Engineer of Record are for the project. e. Jones Edmunds will prepare and submit to FDEP the appropriate Certification of Construction Completion forms along with Contractor-provided as-built drawings referenced above, once approved by Jones Edmunds. Notes • Task 6.4 is a new task. • Supplemental funding will be required to cover task 6.4 fee. 3. PROJECT GOALS: Formerly, the project goal was to design a replacement FFPS. The current project goal is to rehabilitate the FFPS and replace only certain components that are outdated and in poor condition. The outcome and benefit of the project will be to provide the City with an improved FFPS that can continue to provide reliable service and production of reclaimed water for unrestricted public access reuse. Work products that will be developed during and at completion of this project will be provided as summarized under Tasks I and V and include the project catalog. 4. FEES: The total cost per task and/or phase for these engineering services is provided in Attachment “A.” This price includes all labor and expenses anticipated to be incurred by Jones Edmunds & Associates, Inc. for the completion of these tasks, including structural and electrical subconsultants, in accordance with Professional Services Method “A” – Hourly Rate, for a fee not to exceed Two Hundred Fifty-Five Thousand, Seven Hundred Sixty-Six Dollars and Twenty-Five Cents ($255,766.25). This is contingent on re-allocation of the remaining fee of the former tasks. After applying a 10% owner’s contingency to the supplemental work order, it results in $25,576.63. The total of Supplemental Work Order Tasks and Owner’s contingency is Two Hundred Eighty-One Thousand, Three Hundred Forty-Two Dollars and Eight-Eight Cents ($281,342.88). Jones Edmunds & Associates, Inc. City of Clearwater Consultant Supplemental Work Order Page 14 of 20 Revised: 8/3/2021 5. SCHEDULE: The project is to be completed in 767 days from issuance of notice-to-proceed. The project deliverables are to be phased as follows: Notice to Proceed 60% Design Submittal 75 calendar days from NTP Client Review 21 calendar days from Submittal 90% Design Submittal 60 calendar days from Review Meeting Client Review 21 calendar days from Submittal Final (100%) Design Submittal 45 calendar days from Review Meeting Client Review 21 calendar days from Submittal Bid Advertisement 30 calendar days from Review Meeting Bid Opening 30 calendar days from Advertisement Bid Evaluation 14 calendar days from Bid Opening City Award of Contract 90 calendar days from Bid Opening Construction Phase 10 months to Substantial Completion Project Closeout 2 months from Substantial Completion Jones Edmunds & Associates, Inc. City of Clearwater Consultant Supplemental Work Order Page 15 of 20 Revised: 8/3/2021 6. STAFF ASSIGNMENT: The firm’s staff assignments to this project include: Sean Menard | 813-579-7797 | SMenard@JonesEdmunds.com Engineer of Record and Project Manager Zach Splayt | 813-258-0703 | ZSplayt@JonesEdmunds.com Design Lead John Kramer | 813-258-0703 | JKramer@JonesEdmunds.com Senior CAD Designer Anthony Holmes | 813-579-7797 | AHolmes@JonesEdmunds.com Senior QA/QC Christopher Seufert | 352-363-5684 | CSeufert@JonesEdmunds.com Construction Administrator Gregg Fruecht | 727-432-1326 | GFruecht@JonesEdmunds.com Construction Administrator / QAQC Terry Ann LeDuc | 813-258-0703 | TLeDuc@JonesEdmunds.com Construction Project Coordinator John Sobczak | 407-430-9799 | John@WekivaEngineering.com Structural Engineering Subconsultant - Wekiva Engineering, Inc. Willard “Pete“ Hoanshelt | 407-489-4044 | WHoanshelt@EMICFL.com Electrical Engineering Subconsultant – EMI Consulting Specialties, Inc. The City’s staff assignments to this project include: Helene Kassouf | 727-404-0990 | Helene.Kassouf@MyClearwater.com Project Manager Steve Heppler | 727-793-2787| Steve.Heppler@MyClearwater.com East WRF Lead Operator CONSULTANT SUPPLEMENTAL WORK ORDER East WRF Filter Feed Pump Station & Force Main Improvements Design and Bid Phase Services Jones Edmunds & Associates, Inc 17-0048-UT City of Clearwater Consultant Supplemental Work Order Page 16 of 20 Revised: 8/3/2021 Daniel Trueblood | Daniel.Trueblood@MyClearwater.com Infrastructure Maintenance Manager Mike Flanigan | 727-224-7690|Michael.Flanigan@MyClearwater.com Public Utilities Assistant Director Kaylynn Price | 727-444-8252| Kaylynn.Price@MyClearwater.com Utilities Engineering Manager Richard Gardner | 727-224-7043| Richard.Gardner@MyClearwater.com Public Utilities Director 7. CORRESPONDENCE/REPORTING PROCEDURES: Consultant’s project correspondence shall be directed to: Project Manager with copies to Design Lead All City project correspondence shall be directed to: Project Manager, with copies to the Engineering Manager, Public Utilities Assistant Director, and Director 8. INVOICING/FUNDING PROCEDURES: City Invoicing Code: ___3217321-530100-96214__________________________ For work performed, invoices shall be submitted monthly to: Attn: PU Accounting City of Clearwater, Public Utilities Department 1650 No Arcturas Ave Bldg-C Clearwater, Florida 33765-1945 Email Invoices to: PUEngineering@myClearwater.com 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. CONSULTANT SUPPLEMENTAL WORK ORDER East WRF Filter Feed Pump Station & Force Main Improvements Design and Bid Phase Services Jones Edmunds & Associates, Inc 17-0048-UT City of Clearwater Consultant Supplemental Work Order Page 17 of 20 Revised: 8/3/2021 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.). 11. ADDITIONAL CONSIDERATIONS: All work orders should include considerations for the following: 1. Sea Level Rise and Flood Resilience, when directed. 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. CONSULTANT SUPPLEMENTAL WORK ORDER East WRF Filter Feed Pump Station & Force Main Improvements Design and Bid Phase Services Jones Edmunds & Associates, Inc 17-0048-UT City of Clearwater Consultant Supplemental Work Order Page 18 of 20 Revised: 8/3/2021 4. Arc Flash labeling requirements, when directed: 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. STRATEGIC PRIORITY This work aligns with the City’s Strategic Plan to achieve High Performing Government by maintaining public infrastructure through systematic management efforts. By prioritizing the upkeep and enhancement of public infrastructure, the City ensures that essential services and facilities remain functional, safe, and reliable. Systematic management not only extends the lifespan of infrastructure assets but also optimizes the use of resources, reduces costs in the long term, and enhance the overall quality of life for residents. By committing to these practices, the City demonstrates accountability, transparency, and a commitment to excellence, which are key principles of a high performing government. 13. SPECIAL CONSIDERATIONS: Jones Edmunds assumes that no stormwater or other permitting is required. 14. SIGNATURES: PREPARED BY: APPROVED BY: Rick Ferreira Richard Gardner Executive President and CEO Public Utilities Director Jones Edmunds & Associates, Inc. City of Clearwater Date Date ATTACHMENT “A” CONSULTANT WORK ORDER – PROJECT FEES TABLE East WRF Filter Feed Pump Station & Force Main Improvements Design and Bid Phase Services JonesEdmunds & Associates, Inc 17-0048-UT City of Clearwater Consultant Work Order – Project Fees Table Page 19 of 20 Revised: 8/3/2021 CONSULTANT WORK ORDER PROJECT FEES TABLE* Task Description Subconsultant Services Labor Total 3.0 Final Design Plans and Specifications 3.1 Updated 60% Submittal $10,300 $40,990 $51,290.00 3.2 90% Submittal $14,795 $33,447.25 $48,242.25 3.3 Final Construction Documents $7,678 $0 $7,678.00 Final Design Plans and Specifications Total: $107,210.25 4.0 Permitting Services (If Required) 4.1 WRF Permitting Assistance $0 $2,470 $2,470.00 4.2 City Building Permit $0 $850 $850.00 Permitting Services Total: $3,320.00 6.0 Construction Phase Services 6.1 Construction Contract Administration $7,500 $26,676 $34,176.00 6.2 Meetings and Site Visits $7,500 $35,580 $43,080.00 6.3 Construction Resident Observation $0 $47,480 $47,480.00 6.4 Project Closeout $2,500 $18,000 $20,500.00 Construction Phase Services Total: $145,236.00 SUBTOTAL, LABOR AND SUB-CONTRACTORS: $255,766.25 7.0 Owner’s Contingency (10% of Supplemental Subtotal) $25,576.63 GRAND TOTAL: $281,342.88 *The values within the table are supplemental to existing work order ATTACHMENT “B” CONSULTANT WORK ORDER – CITY DELIVERABLES East WRF Filter Feed Pump Station & Force Main Improvements Design and Bid Phase Services Jones Edmunds & Associates, Inc 17-0048-UT City of Clearwater Consultant Work Order – City Deliverables Page 20 of 20 Revised: 8/3/2021 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. Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#24-1051 Agenda Date: 9/4/2024 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: City Clerk Agenda Number: 6.22 SUBJECT/RECOMMENDATION: Appoint Cynthia Ramos-Gonzalez to the Sister Cities Advisory Board, as the Pinellas County School Board’s World Language Coordinator, with an unexpired term through February 1, 2028. (consent) SUMMARY: APPOINTMENT WORKSHEET Sister Cities Advisory Board TERM: 4 years APPOINTED BY: Sister Cities Advisory Board FINANCIAL DISCLOSURE: Not Required RESIDENCY REQUIREMENT: One member of the City Council MEMBERS: 6 + 1 At-large member CHAIRPERSON: Michael Ballard MEETING DATES: Quarterly PLACE: Council Chambers APPOINTMENTS NEEDED: 1 SPECIAL QUALIFICATIONS: Representatives of Clearwater Sister Cities, Inc., the local business community, the School Board’s World Language Coordinator or designee, and the Clearwater Arts Alliance shall not be required to reside within the City of Clearwater. THE FOLLOWING ADVISORY BOARD MEMBER TERM HAS RESIGNED: 1.Pamela Gene Benton - 6984 12th Terrace North, St. Petersburg, FL 33710 - Pinellas County School Board’s World Language Coordinator Retired; was serving first term. APPLICANT TO BE CONSIDERED: 1.Cynthia Ramos-Gonzalez - 301 Fourth Street SW, Largo, FL 33770 - Pinellas County School Board World Language Coordinator Page 1 City of Clearwater Printed on 9/3/2024 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#24-1087 Agenda Date: 9/4/2024 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: City Clerk Agenda Number: 6.23 SUBJECT/RECOMMENDATION: Appoint Heather Rippert to the Sister Cities Advisory Board, as the Clearwater Arts Alliance Representative, with an unexpired term through October 31, 2027. (consent) SUMMARY: APPOINTMENT WORKSHEET BOARD: Sister Cities Advisory Board TERM: 4 years APPOINTED BY: Sister Cities Advisory Board FINANCIAL DISCLOSURE: Not Required RESIDENCY REQUIREMENT: One member of the City Council MEMBERS: 6 + 1 At-large member CHAIRPERSON: Michael Ballard MEETING DATES: Quarterly PLACE: Council Chambers APPOINTMENTS NEEDED: 1 SPECIAL QUALIFICATIONS: Representatives of Clearwater Sister Cities, Inc., the local business community, the School Board’s World Language Coordinator or designee, and the Clearwater Arts Alliance shall not be required to reside within the City of Clearwater. THE FOLLOWING ADVISORY BOARD MEMBER HAS RESIGNED: 1.Melinda Bacon - 3198 Eagles Landing Circle West, Clearwater, FL 33761 - Clearwater Arts Alliance Representative Resigned; was serving 1st term. THE NAME BELOW IS BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCY: 1.Heather Rippert - 2052 Kings Hwy, Apt 5, Clearwater, FL 33755 - Art Consultant/Clearwater Arts Alliance Representative Page 1 City of Clearwater Printed on 9/3/2024 Submit Date: Jul 28, 2024 First Name Middle Initial Last Name Email Address Home Address Suite or Apt City State Postal Code Primary Phone Alternate Phone Employer Job Title Advisory Boards Application Profile Length of Residency - please select one. * 1 to 5 years Do you own or represent a business in Clearwater? Yes No If yes, where is the business located? Do you conduct business with the City? Clearwater Which Boards would you like to apply for? Sister Cities Advisory Board: Submitted Occupation - If retired, enter former occupation. Artist Have you served or do you serve on a board in Clearwater? Yes No If yes, please list the name of the board. Why do you wish to serve on this board/committee? If seeking reappointment, state why you should be reappointed. I enjoy the opportunity to make a difference in community and looking forward to expanding outreach and representing the wonderful Clearwater Arts Alliance. Heather A Rippert rubyslippers919@aol.com 2052 Kings Hwy Apt 5 Clearwater FL 33755 Mobile: (610) 733-3429 Syd Entel Galleries Art Consultant, MarketingSpecialist Heather A Rippert Upload a Resume Please attach a copy of one of the following documents: 1) valid current Florida Driver License issued to an address within city limits, or 2) Declaration of Domicile filed with the city clerk affirming residency within city limits. What personal qualifications can you bring to this board or committee? Communication, commitment to community building, extensive knowledge of the arts and art community, intelligent and thoughtful. List Community Activities Active participation in Second Saturday Art Walk in St. Petersburg, participates in Clearwater Arts Alliance activities, member at the DFAC for many years, active participant at Creative Pinellas in Largo, public speaking, engaged in local politics. Question applies to multiple boards Question applies to multiple boards Are you related to any member of the City Council? Yes No Question applies to multiple boards If yes, please provide name and explain relation. NA Question applies to multiple boards Are you related to a city employee? Yes No Question applies to multiple boards If yes, please provide name and explain relation. NA Demographics Some boards and commissions require membership to be racially, politically or geographically proportionate to the general public. The following information helps track our recruitment and diversity efforts. (Optional) 2024_Heather_Rippert_Resume- PDF.pdf Heather A Rippert Date of Birth Ethnicity Caucasian/Non-Hispanic Gender Female The City of Clearwater strives to promote diversity and provide reasonable accommodations for individuals with disabilities. If you are requesting accommodation, please indicate below: By clicking on "I Agree," below, I affirm that the information above is true and correct, and that I understand and agree to the responsibilities and commitment of time associated with an appointment to a Clearwater advisory board or committee. I Agree All material submitted to the City of Clearwater is subject to the public records law of the State of Florida including Chapter 119, Florida Statutes. 09/19/1970 Heather A Rippert Heather Rippert 610-733-3429 hrippert@icloud.com 2052 Kings Hwy, Apt 5, Clearwater, FL 33755 Proﬁle Highly creative and motivated Art Consultant with experience in social media and email marketing. Demonstrates strong organizational skills, customer orientation, and a diverse skill set. A self-starter who excels in guiding collectors to ﬁnd art that matches their desires. Experience ART CONSULTANT, SOCIAL MEDIA & EMAIL MARKETING, EVENT PLANNER, SYD ENTEL GALLERIES; SAFETY HARBOR, FL — MAY, 2022-PRESENT -Art sales and guiding collectors to ﬁnd desired art-Have sold $142K worth of artwork to date -Art sales and guiding collectors to ﬁnd desired art -Organizing social events to attract new clientele - Designing & managing weekly email marketing campaigns - Managing social media content on Facebook and Instagram - Ordering supplies for the Gallery Frame Shop -Providing exceptional customer service and following up with clients -Installing and merchandising artwork, handblown glass & artful jewelry PICTURE FRAMER & DESIGNER, VISTA GALLERIES; CLEARWATER, FL — MARCH, 2021-MAY, 2022 - Assisted customers in frame and mat selections - Skilled in mat cutting, dry mounting, and building shadow boxes - Maintained organized work space for efﬁciency - Proﬁcient in ﬁtting art into frames SERVER, LENNY’S, CLEARWATER, FL — JUNE, 2018-OCTOBER, 2020 - Provided excellent customer service and created a dynamic guest experience - Knowledgeable about food and beverage offerings - Collaborated effectively with team members ARTIST/INSTRUCTOR, PINOT’S PALETTE, BRANDON, FL — 2016-2018 - Stage artist engaging and entertaining guests with step-by-step painting instructions - Versatile team member able to assist in various roles - Set up and broke down classroom before and after classes - Created sample art and ensured a positive experience for guests Education University of South Florida, Florida — Certiﬁed Digital Marketing Science, 2024 Maryland Institute, College of Art, Baltimore, MD — BFA, 1992 Edinburgh College of Art; Edinburgh, Scotland — Junior Year Abroad, 1991 Main Line Art Center; Bryn Mawr, PA — Independent Studies, 1986-2000 Skills -Strong leadership abilities and effective communication-Creative problem-solving skills-Passionate about art and sharing the power of art with others - Motivated and responsible professional with a dedication to customer service - Skilled artist in various mediums - Experienced art instructor in watercolor, mixed media, acrylic, and pastel - Proﬁcient in social media and email marketing content development - Thirty years of experience in the restaurant industry, adept at multitasking and exceeding customer needs References available upon request. Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#24-1095 Agenda Date: 9/4/2024 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: City Clerk Agenda Number: 6.24 SUBJECT/RECOMMENDATION: Appoint Stephanie Sisti to the Parks and Recreation Advisory Board with a term expiring July 31, 2028. (consent) SUMMARY: APPOINTMENT WORKSHEET BOARD: Parks and Recreation Board TERM: 4 years APPOINTED BY: City Council FINANCIAL DISCLOSURE: Not Required RESIDENCY REQUIREMENT: City of Clearwater SPECIAL QUALIFICATIONS: None MEMBERS: 7 Chair: Patric Raftery MEETING DATES: Quarterly (4th Tues.) - Jan., April, July, Oct. PLACE: Main Library - 6:30 p.m. APPTS. NEEDED: 1 THE FOLLOWING ADVISORY BOARD MEMBER NO LONGER SERVES ON THE BOARD AND REQUIRES A REPLACEMENT: 1. Angela Tisdale Original Appointment: 5/05/2022 Completed partial term; not interested in reappointment. THE FOLLOWING NAMES ARE BEING CONSIDERED TO FILL THE VACANCY: 1.Gina Kugler - 920 N. Osceola Avenue, Unit 705, 33755 - Retired Executive 2.Loretta Mitchell - 1219 Eldridge Street, 33755 - Simply Sweet L’s President/CEO 3.Stephanie Sisti - 2479 Moore Haven Dr. W., 33763 - Forensic Technician. Zip codes of current members on board: 2 at 33755 2 at 33761 1 at 33764 1 at 33767 At the September 3, 2024 work session, there was council consensus to appoint Stephanie Sisti. Staff Page 1 City of Clearwater Printed on 9/3/2024 File Number: ID#24-1095 was directed to place the item on the Consent Agenda. STRATEGIC PRIORITY: Page 2 City of Clearwater Printed on 9/3/2024 Held roles as Treasurer, Vice President, and President. Responsibilities included managing a 12-person Board, establishing and enforcing Board policies, bylaws, creating promotional items, recruiting, fundraising, running monthly Board Meetings and parent meetings as well as developing new events to promote the medical program. I worked with the HS Principal as well as the medical magnet vice principal. Founded The Glam Run, the medical magnet's biggest fundraiser, now it it's 10th year. Sunscreen Film Festival, St. Pete 2009-2014 Board Member in charge of hospitality for the VIP guests of the film festival held every April. Duties included but not limited to handling all travel arrangements and transportation while at the festival, getting donations for swag bags, creating each guests' daily schedule for the time during their stay and general entertaining and caring for the VIP guest comfort while they were in attendance. Say No To Drugs Race, Clearwater 2007-2016 In-Charge of the Kids 1 Mile Fun Run. Responsibilities include managing a 12-person volunteer team, setting the course, working with race officials, promoting the event, procuring items for the kid's goodie bags and being creative enough to make it a fun event for kids where kids of all fitness levels could enjoy themselves. Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#24-0990 Agenda Date: 9/4/2024 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: City Clerk Agenda Number: 6.25 SUBJECT/RECOMMENDATION: Appoint Councilmember Michael Mannino to serve as the second city representative on Forward Pinellas. (consent) SUMMARY: On August 14, 2024, the City was informed that the Forward Pinellas Apportionment Plan was approved by Governor Ron DeSantis. The Plan provides the City of Clearwater with an additional seat, due to increased population. The City must appoint a councilmember to serve in this capacity prior to October 7, 2024. Note - Vice Mayor Allbritton is the City’s current representative. At the September 3, 2024 work session, there was council consensus to appoint Councilmember Mannino. Staff was directed to place the item on the Consent Agenda. Page 1 City of Clearwater Printed on 9/3/2024 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9792-24 Agenda Date: 9/4/2024 Status: Public HearingVersion: 1 File Type: OrdinanceIn Control: Office of Management & Budget Agenda Number: 7.1 SUBJECT/RECOMMENDATION: Set final millage rate of 5.8850 mills for fiscal year 2024/25 against non-exempt real and personal property within the City of Clearwater and pass Ordinance 9792-24 on first reading. SUMMARY: In accordance with Chapter 200 of the Florida Statutes, which defines requirements for the determination of millage and the rules governing Truth in Millage (TRIM) compliance, the City Council must hold two public hearings to adopt a final millage rate for the new fiscal year. The adoption of this ordinance to establish the millage rate and the two related budget ordinances are an integral part of fulfilling these requirements. The City Council set a tentative millage rate of 5.8850 mills on July 15, 2024, which is the rate that appeared on the TRIM notices mailed to taxpayers in August. The millage rate of 5.8850 mills represents a 6.81% increase from the rolled back rate of 5.5099 mills. Ordinance 9792-24 is presented in order to adopt the millage rate of 5.8850 mills to support the operating and capital improvement budgets for the 2024/25 fiscal year. STRATEGIC PRIORITY: The budgeting process aligns resource allocation to the advancement of our community in all five strategic priorities: high performing government, economic and housing opportunity, community well-being, environmental stewardship, and superior public service. Page 1 City of Clearwater Printed on 9/3/2024 Ordinance No. 9792-24 MILLAGE ORDINANCE ORDINANCE NO. 9792-24 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, DECLARING THE MILLAGE RATE TO BE LEVIED FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2024, AND ENDING SEPTEMBER 30, 2025, FOR OPERATING PURPOSES INCLUDING THE FUNDING OF PENSIONS, DEBT SERVICE, AND ROAD MAINTENANCE FOR CAPITAL IMPROVEMENT EXPENDITURES AT 5.8850 MILLS; PROVIDING AN EFFECTIVE DATE. THE LEVY OF 5.8850 MILLS CONSTITUTES A 6.81% INCREASE FROM THE ROLLED BACK RATE OF 5.5099 MILLS. WHEREAS, the estimated revenue to be received by the City for the fiscal year beginning October 1, 2024, and ending September 30, 2025, from ad valorem taxes is $104,309,360; and WHEREAS, based upon the taxable value provided by the Pinellas County Property Appraiser, 5.8850 mills are necessary to generate $104,309,360; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. It is hereby determined that a tax of 5.8850 mills against the non-exempt real and personal property within the City is necessary to raise the sums to be appropriated for operation purposes, including pensions, debt service, and road capital improvement projects, for the fiscal year beginning October 1, 2024. Section 2. The levy of 5.8850 mills constitutes a 6.81% increase from the rolled back rate. Section 3. This ordinance shall take effect October 1, 2024. PASSED ON FIRST READING _____________________ PASSED ON SECOND AND FINAL _____________________ READING AND ADOPTED ________________________________ Bruce Rector Mayor Approved as to form: Attest: _____________________________ _________________________________ David Margolis Rosemarie Call City Attorney City Clerk |1CITY OF CLEARWATERmyclearwater.com Annual Operating & Capital Improvement Budget Fiscal Year 2024/25 |2CITY OF CLEARWATER Total Budget (All City Operations) Amended FY 2023/24 Proposed FY 2024/25 % Inc/(Dec) Operating Funds $584,516,802 $600,682,997 3% Capital Funds $160,836,802 $152,838,700 (5%) Total - All Funds $745,353,604 $753,521,697 1% |3CITY OF CLEARWATER All Funds Fund Amended FY 2023/24 Proposed FY 2024/25 Increase/ (Decrease) General Fund 203,208,415 226,606,480 12% Utility Funds 224,302,937 214,623,190 (4%) Enterprise Funds 31,089,511 48,774,190 57% Internal Service Funds 83,319,622 87,294,240 5% Special Revenue Funds 42,596,317 23,384,897 (45%) Capital Fund 160,836,802 152,838,700 (5%) |4CITY OF CLEARWATER $0 $3 $6 $9 $12 $15 $18 $21 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 $8.2 $8.7 $10.2 $11.9 $13.4 $16.9 $18.5 Taxable Property Values Billion |5CITY OF CLEARWATER Millage Rate •A “mill” is the property tax levy of $1 per $1,000 of taxable property value •Current Millage Rate 5.8850 mills •Proposed Millage Rate 5.8850 mills • (6.81% greater than rolled-back rate) •The rolled-back rate is the millage rate that will provide the same revenues as prior year if applied to the current tax roll (after adjusting for new construction) •Rolled-back Rate 5.5099 mills |6CITY OF CLEARWATER $0 $15 $30 $45 $60 $75 $90 $105 $40.8 $46.6 $63.8 $71.9 $85.0 $95.2 $104.3 Ad Valorem Tax Revenues Million |7CITY OF CLEARWATER General Fund Revenues Source Amended FY 23/24 Proposed FY 24/25 Inc/(Dec) Ad Valorem Tax $90,683,430 $99,346,030 10% Utility Taxes 18,655,000 20,693,870 11% Other Taxes 6,300,000 6,160,000 (2%) Franchise Fees 11,220,000 12,600,000 12% Intergovernmental 29,859,340 32,331,010 8% Charges for Service 17,368,355 18,479,320 6% Transfers In 13,371,387 15,030,410 12% All Other Revenue 12,036,520 13,665,840 14% Transfer (to)/from Surplus 3,714,383 8,300,000 TOTAL $203,208,415 $226,606,480 12% |8CITY OF CLEARWATER General Fund Expenditures Department Amended FY 23/24 Proposed FY 24/25 Inc/(Dec) Police $57,203,994 $58,679,490 3% Fire 35,448,742 35,817,579 1% Parks & Recreation 45,609,955 56,857,045 25% Library 9,391,098 10,090,842 7% Planning & Development 8,875,995 9,434,077 6% Public Works 15,051,391 17,975,099 19% Non-Departmental 13,599,025 18,799,898 38% All Other Departments 18,028,215 18,952,450 5% TOTAL $203,208,415 $226,606,480 12% |9CITY OF CLEARWATER General Fund - By Category Personnel 58.5% Operating 15%Internal Service 11% Interfund Transfers 14% Debt and Capital 1.5% $226.6 Million |10CITY OF CLEARWATER 1,709.7 1,790.3 1,834.6 1,840.0 1,877.8 1,886.7 1,904.3 0.0 200.0 400.0 600.0 800.0 1,000.0 1,200.0 1,400.0 1,600.0 1,800.0 2,000.0 Other Funds General Fund Full Time Equivalent Positions (All Funds) |11CITY OF CLEARWATER Capital Improvement Fund Utility Operations 37% General Government 32%Internal Service 9% Small Enterprise 22% $152.8 Million |12CITY OF CLEARWATER Capital Projects •Long Center Natatorium •Asset Management Software Implementation •North Ward Renovation •Police Range Repair & Replacement •Countryside Pickleball •Sports Lighting Retrofit •City Shorelines •Gotham Development Agreement – Parking •Beach Marina Parking Garage |13CITY OF CLEARWATER Homesteaded Property Save Our Homes Cap – 3.0% 2023 2024 Increase Taxable Value $100,000 $103,000 $3,000 City Taxes $588.50 $606.16 $17.66 Taxable Value City Taxes Daily Rate $250,000 $1,471.25 $4.03/Day 2025 Tax Example |14CITY OF CLEARWATER Where your property taxes go - 30% 30% 31% 9%School Board Pinellas County Clearwater Other Agencies |15CITY OF CLEARWATER Fiscal Year 24/25 Budget •Preliminary Presentation, Approved Tentative Millage Rate – July 15, 2024 •Special Work Session – August 14, 2024 Public Hearings •Wednesday, September 4 – 6 pm •Tuesday, September 17 – 6 pm |16CITY OF CLEARWATERmyclearwater.com Annual Operating & Capital Improvement Budget Fiscal Year 2024/25 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9793-24 Agenda Date: 9/4/2024 Status: Public HearingVersion: 1 File Type: OrdinanceIn Control: Office of Management & Budget Agenda Number: 7.2 SUBJECT/RECOMMENDATION: Approve the City of Clearwater Annual Operating Budget for the 2024/25 fiscal year and pass Ordinance 9793-24 on first reading. SUMMARY: In accordance with Chapter 200 of the Florida Statutes and the rules governing Truth in Millage (TRIM) compliance, the City Council must hold two public hearings to adopt the budget. The adoption of this ordinance and the related ordinances adopting the 2024/25 millage rate and the Capital Improvement Budget are an integral part of fulfilling these requirements. On June 28, 2024, the City Manager provided the City Council with a Preliminary Annual Operating and Capital Improvement Budget that outlined estimates of revenues and expenditures for the 2024/25 fiscal year. The City Manager presented the preliminary budget at the City Council meeting on July 15, 2024, for Council discussion and citizen input. In addition, a Special Budget Work Session was held on August 14, 2024, for Council discussion of the proposed budget. The following changes have been made to the preliminary operating budget and are included in the ordinance for adoption of the fiscal year 2024/25 operating budget. In the General Fund: ·Revenues are adjusted, netting to zero, to account for revenues in the correct categories. ·Expenditures are adjusted, netting to zero, decreasing the City Manager’s Office budget by $361,047 to transfer the Neighborhoods Division to Public Communications. In the Water & Sewer Fund: ·Revenues are adjusted to recognize the use of fund reserves/equity of $3,053,470 necessary to balance the budget. ·Expenditures are adjusted, increasing the Wastewater Collection program by $7,811,880 to account for transfers to the capital improvement fund for the Ft. Harrison Improvements and Public Works Complex projects. STRATEGIC PRIORITY: The budgeting process aligns resource allocation to the advancement of our community in all five strategic priorities: high performing government, economic and housing opportunity, community well-being, environmental stewardship, and superior public service. Page 1 City of Clearwater Printed on 9/3/2024 Proposed Final FY24/25 Adjustments FY24/25 Budgeted Revenues: Ad Valorem Taxes 99,346,030 99,346,030 Utility Taxes 20,693,870 20,693,870 Local Option, Fuel & Other Taxes 6,160,000 6,160,000 Franchise Fees 12,600,000 12,600,000 Other Permits and Fees 3,332,500 3,332,500 Intergovernmental Revenues 32,331,010 32,331,010 Charges for Services 18,479,320 18,479,320 Judgments, Fines & Forfeits 1,441,000 1,441,000 Miscellaneous Revenues 8,973,790 (81,450) 8,892,340 (1) Transfers In 14,948,960 81,450 15,030,410 (1) Total Budgeted Revenues 218,306,480 - 218,306,480 Transfer (to) from Surplus 8,300,000 8,300,000 Total Revenues 226,606,480 - 226,606,480 Budgeted Expenditures: City Council 664,064 664,064 City Manager's Office 1,747,663 (361,047) 1,386,616 (2) City Attorney's Office 2,790,947 2,790,947 City Audit 507,056 507,056 City Clerk 1,384,574 1,384,574 CRA Administration 1,060,401 1,060,401 Economic Development & Housing 2,400,886 2,400,886 Finance 3,574,985 3,574,985 Fire 35,817,579 35,817,579 Human Resources 2,416,584 2,416,584 Library 10,090,842 10,090,842 Non-Departmental 18,799,898 18,799,898 Office of Innovation - - Parks & Recreation 56,857,045 56,857,045 Planning & Development 9,434,077 9,434,077 Police 58,679,490 58,679,490 Public Communications 1,893,160 361,047 2,254,207 (2) Public Utilities - Maintenance Facility 512,130 512,130 Public Works 17,975,099 17,975,099 Total Budgeted Expenditures 226,606,480 - 226,606,480 As amended for final budget ordinance - September 4, 2024 public hearing General Fund Operating Budget 2024/25 (2) To transfer personnel and operating costs of the Neighborhoods Division from the City Manager's Office to Public Communications. (1) To adjust miscellaneous revenues and transfer in revenues (net zero) to account for revenues in the correct categories (transfers between funds). Page 1 Proposed Final FY24/25 Adjustments FY24/25 Budgeted Revenues: Charges for Service 108,228,770 108,228,770 Judgments, Fines & Forfeits 271,000 271,000 Miscellaneous Revenues 3,649,200 3,649,200 Transfers In - - Total Budgeted Revenues 112,148,970 - 112,148,970 Use of Fund Equity - 3,053,470 3,053,470 (1) Total Revenues 112,148,970 3,053,470 115,202,440 Budgeted Expenditures: Administration 4,659,188 4,659,188 Wastewater Collection 16,847,304 7,811,880 24,659,184 (2) Infrastructure Maintenance 10,891,095 10,891,095 WW Environment Technologies 26,835,759 26,835,759 Laboratory Operations 627,966 627,966 Industrial Pretreatment 1,149,406 1,149,406 Water Distribution 19,250,399 19,250,399 Water Supply 20,917,852 20,917,852 Reclaimed Water 6,211,591 6,211,591 Total Budgeted Expenditures 107,390,560 7,811,880 115,202,440 (2) To increase Wastewater Collection by $7,811,880 to account for transfers to the capital improvement fund for the Ft. Harrison Improvements and Public Works Complex projects. Water & Sewer Fund Operating Budget 2024/25 (1) To increase use of fund equity needed to balance the FY2024/25 budget. Use of reserves is planned in the rate structure to provide for capital project funding. As amended for final budget ordinance - September 4, 2024 public hearing Page 2 Ordinance No. 9793-24 OPERATING BUDGET ORDINANCE ORDINANCE NO. 9793-24 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ADOPTING AN OPERATING BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2024, AND ENDING SEPTEMBER 30, 2025; AUTHORIZING THE CITY MANAGER TO ISSUE SUCH INSTRUCTIONS THAT ARE NECESSARY TO ACHIEVE AND ACCOMPLISH THE SERVICE PROGRAMS SO AUTHORIZED; AUTHORIZING THE CITY MANAGER TO TRANSFER MONIES AND PROGRAMS AMONG THE DEPARTMENTS AND ACTIVITIES WITHIN ANY FUND AS PROVIDED BY CHAPTER 2 OF THE CLEARWATER CODE OF ORDINANCES; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Manager has submitted an estimate of the expenditures necessary to carry on the City government for the fiscal year beginning October 1, 2024, and ending September 30, 2025; and WHEREAS, an estimate of the revenues to be received by the City during said period from ad valorem taxes and other sources has been submitted to the City Council; and WHEREAS, a general summary of the operating budget, and notice of the times and places where copies of the budget message and operating budget are available for inspection by the public, was published in a newspaper of general circulation; and WHEREAS, the City Council has examined and carefully considered the proposed budget; and WHEREAS, in accordance with Chapter 2 of the Clearwater Code of Ordinances, the City Council conducted a public hearing on September 4, 2024, upon said budget and tax levy; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA; Section 1. Pursuant to the City Manager's Annual Budget Report for the fiscal year beginning October 1, 2024, and ending September 30, 2025, a copy of which is on file with the City Clerk, the City Council hereby adopts a budget for the operation of the City, a copy of which is attached as Exhibit A, and a summary of which is attached as Exhibit B. Ordinance No. 9793-24 Section 2. The budget as adopted shall stand and be the budget of the City for said fiscal year, subject to the authority of the City Council to amend or change the budget as provided by Section 2.519 of the Clearwater Code of Ordinances. Section 3. The City Manager is authorized and directed to issue such instructions and directives that are necessary to achieve and accomplish the service programs authorized by the adoption of this budget. Section 4. The City Manager is authorized for reasons of economy or efficiency to transfer part or all of any unencumbered appropriation balance among programs within an operating fund, provided such action does not result in the discontinuance of a program. Section 5. It is the intent of the City Council that this budget, including amendments thereto, is adopted to permit the legal appropriation and encumbering of funds for the purposes set forth in the budget. All appropriated and encumbered but unexpended funds at the end of the fiscal year may be expended during the subsequent fiscal year for the purposes for which they were appropriated and encumbered. It shall be necessary to appropriate funds in the budget for the subsequent fiscal year to cover valid open encumbrances outstanding as of the end of the current fiscal year. Section 6. Should any provision of this ordinance be declared by any court to be invalid, the same shall not affect the validity of the ordinance as a whole, or any provision thereof, other than the provision declared to be invalid. Section 7. This ordinance shall take effect October 1, 2024. PASSED ON FIRST READING _____________________ PASSED ON SECOND AND FINAL _____________________ READING AND ADOPTED ________________________________ Bruce Rector Mayor Approved as to form: Attest: ______________________________ ________________________________ David Margolis Rosemarie Call City Attorney City Clerk Page 1 Special Special Other Housing Total General Development Program Assistance Trust Governmental GOVERNMENTAL FUNDS Fund Fund Fund Funds Funds Balances Brought Forward 56,214,574 12,941,196 21,597,854 3,318,354 94,071,978 Budgeted Revenues Ad Valorem Taxes 99,346,030 4,963,330 104,309,360 Utility Taxes 20,693,870 20,693,870 Local Option, Fuel & Other Taxes 6,160,000 18,013,050 24,173,050 Franchise Fees 12,600,000 12,600,000 Other Permits and Fees 3,332,500 3,332,500 Intergovernmental Revenue 32,331,010 940,482 1,302,425 34,573,917 Charges for Services 18,479,320 250,000 18,729,320 Judgments, Fines and Forfeits 1,441,000 1,441,000 Miscellaneous Revenues 8,892,340 385,000 479,000 9,756,340 Transfers In 15,030,410 743,900 15,774,310 Other Financing Sources TOTAL BUDGETED REVENUES 218,306,480 23,611,380 2,163,382 1,302,425 245,383,667 TOTAL REVENUES, TRANSFERS, AND BALANCES 274,521,054 36,552,576 23,761,236 4,620,779 339,455,645 Budgeted Expenditures City Council 664,064 664,064 City Manager's Office 1,386,616 1,386,616 City Attorney's Office 2,790,947 2,790,947 City Audit 507,056 507,056 City Clerk 1,384,574 1,384,574 CRA Administration 1,060,401 1,060,401 Economic Development and Housing 2,400,886 2,400,886 Finance 3,574,985 3,574,985 Fire 35,817,579 35,817,579 Human Resources 2,416,584 2,416,584 Library 10,090,842 10,090,842 Non-Departmental 18,799,898 18,799,898 Parks and Recreation 56,857,045 56,857,045 Planning and Development 9,434,077 9,434,077 Police 58,679,490 435,020 59,114,510 Public Communications 2,254,207 2,254,207 Public Utilities 512,130 512,130 Public Works 17,975,099 17,975,099 General Government Services 237,380 237,380 Economic Environment 635,980 860,779 1,496,759 Human Services 1,500 1,500 Culture and Recreation 70,000 70,000 Transfers Out 20,323,090 379,502 441,646 21,144,238 TOTAL BUDGETED EXPENDITURES 226,606,480 20,323,090 1,759,382 1,302,425 249,991,377 Fund Balances/Reserves/Net Assets 47,914,574 16,229,486 22,001,854 3,318,354 89,464,268 TOTAL EXPENDITURES AND BALANCES 274,521,054 36,552,576 23,761,236 4,620,779 339,455,645 EXHIBIT A CITY OF CLEARWATER 2024-25 BUDGET Ordinance No. 9793-24 Page 2 Water Stormwater Solid Waste Total & Sewer Utility & Recycling Gas Utility UTILITY FUNDS Fund Fund Fund Fund Funds Balances Brought Forward 144,318,726 42,242,105 28,639,859 12,043,102 227,243,792 Budgeted Revenues Ad Valorem Taxes Utility Taxes Local Option, Fuel & Other Taxes Franchise Fees Other Permits and Fees 1,700 1,700 Intergovernmental Revenue Charges for Services 108,228,770 17,942,340 34,217,000 46,472,660 206,860,770 Judgments, Fines and Forfeits 271,000 55,000 99,000 100,000 525,000 Miscellaneous Revenues 3,649,200 710,000 1,854,100 871,290 7,084,590 Transfers In Other Financing Sources TOTAL BUDGETED REVENUES 112,148,970 18,707,340 36,171,800 47,443,950 214,472,060 TOTAL REVENUES, TRANSFERS, AND BALANCES 256,467,696 60,949,445 64,811,659 59,487,052 441,715,852 Budgeted Expenditures Water & Sewer Fund Public Utilities Administration 4,659,188 4,659,188 Wastewater Collection 24,659,184 24,659,184 Infrastructure Maintenance 10,891,095 10,891,095 WW Environmental Technologies 26,835,759 26,835,759 WPC Laboratory Operations 627,966 627,966 Industrial Pretreatment 1,149,406 1,149,406 Water Distribution 19,250,399 19,250,399 Water Supply 20,917,852 20,917,852 Reclaimed Water 6,211,591 6,211,591 Stormwater Fund Stormwater Management 10,763,042 10,763,042 Stormwater Maintenance 6,692,638 6,692,638 Solid Waste & Recycling Fund Administration 3,858,510 3,858,510 Solid Waste Collection 22,142,303 22,142,303 Solid Waste Transfer 2,617,235 2,617,235 Solid Waste Container Maintenance 955,452 955,452 Recycling Residential 1,382,721 1,382,721 Recycling Multi Family 432,458 432,458 Recycling Commercial 2,793,761 2,793,761 Gas Fund Administration and Supply 24,716,617 24,716,617 Pinellas Gas Operations 10,659,362 10,659,362 Pasco Gas Operations 7,292,463 7,292,463 Gas Marketing and Sales 5,114,188 5,114,188 TOTAL BUDGETED EXPENDITURES 115,202,440 17,455,680 34,182,440 47,782,630 214,623,190 Fund Balances/Reserves/Net Assets 141,265,256 43,493,765 30,629,219 11,704,422 227,092,662 TOTAL EXPENDITURES AND BALANCES 256,467,696 60,949,445 64,811,659 59,487,052 441,715,852 EXHIBIT A CITY OF CLEARWATER 2024-25 BUDGET Ordinance No. 9793-24 Page 3 Clearwater Total Harbor Other Airpark Marine Marine Parking Enterprise OTHER ENTERPRISE FUNDS Fund Fund Fund Fund Funds Balances Brought Forward 799,847 15,575,695 3,031,973 26,828,134 46,235,649 Budgeted Revenues Ad Valorem Taxes Utility Taxes Local Option, Fuel & Other Taxes Franchise Fees Other Permits and Fees Intergovernmental Revenue Charges for Services 4,717,550 1,050,000 9,725,100 15,492,650 Judgments, Fines and Forfeits 0 200 1,611,040 1,611,240 Miscellaneous Revenues 274,270 338,100 101,500 900,000 1,613,870 Transfers In 15,000 15,000 Other Financing Sources TOTAL BUDGETED REVENUES 274,270 5,070,650 1,151,700 12,236,140 18,732,760 TOTAL REVENUES, TRANSFERS, AND BALANCES 1,074,117 20,646,345 4,183,673 39,064,274 64,968,409 Budgeted Expenditures Airpark Fund Airpark Operations 151,110 151,110 Marine Fund Marina Operations 5,168,960 5,168,960 Clearwater Harbor Marine Fund Clearwater Harbor Marina Operations 1,168,400 1,168,400 Parking Fund Public Works/Parking System 39,267,248 39,267,248 Public Works/Parking Enforcement 1,311,862 1,311,862 Fire Department/Beach Guard Operations 1,506,194 1,506,194 Marine&Aviation/Seminole Street Boat Ramp 200,416 200,416 TOTAL BUDGETED EXPENDITURES 151,110 5,168,960 1,168,400 42,285,720 48,774,190 Fund Balances/Reserves/Net Assets 923,007 15,477,385 3,015,273 (3,221,446) 16,194,219 TOTAL EXPENDITURES AND BALANCES 1,074,117 20,646,345 4,183,673 39,064,274 64,968,409 EXHIBIT A CITY OF CLEARWATER 2024-25 BUDGET Ordinance No. 9793-24 Page 4 Administrative General Central Service Service Garage Insurance INTERNAL SERVICE FUNDS Fund Fund Fund Fund Total Balances Brought Forward 12,993,324 13,436,315 9,916,651 11,691,279 48,037,569 Budgeted Revenues Ad Valorem Taxes Utility Taxes Local Option, Fuel & Other Taxes Franchise Fees Other Permits and Fees Intergovernmental Revenue Charges for Services 19,711,320 8,203,890 17,408,550 39,173,550 84,497,310 Judgments, Fines and Forfeits Miscellaneous Revenues 475,000 465,000 1,036,650 875,000 2,851,650 Transfers In Other Financing Sources TOTAL BUDGETED REVENUES 20,186,320 8,668,890 18,445,200 40,048,550 87,348,960 TOTAL REVENUES, TRANSFERS, AND BALANCES 33,179,644 22,105,205 28,361,851 51,739,829 135,386,529 Budgeted Expenditures Administrative Services Fund Info Tech/Administration 701,295 701,295 Info Tech/Network Operations & Support 5,779,449 5,779,449 Info Tech/Network Security & Architecture 3,505,911 3,505,911 Info Tech/Solutions & Programming 932,756 932,756 Info Tech/Enterprise Systems & Training 4,330,190 4,330,190 Public Communications/Courier 209,563 209,563 Finance/Utility Customer Service 4,694,426 4,694,426 General Services Fund Administration 600,275 600,275 Building and Maintenance 8,068,615 8,068,615 Garage Fund Fleet Maintenance 17,633,580 17,633,580 Radio Communications 798,930 798,930 Central Insurance Fund Finance/Risk Management 519,863 519,863 Human Resources/Employee Benefits 501,286 501,286 Human Resources/Employee Health Center 1,753,770 1,753,770 Non-Departmental 37,264,331 37,264,331 TOTAL BUDGETED EXPENDITURES 20,153,590 8,668,890 18,432,510 40,039,250 87,294,240 Fund Balances/Reserves/Net Assets 13,026,054 13,436,315 9,929,341 11,700,579 48,092,289 TOTAL EXPENDITURES AND BALANCES 33,179,644 22,105,205 28,361,851 51,739,829 135,386,529 EXHIBIT ACITY OF CLEARWATER 2024-25 BUDGET Ordinance No. 9793-24 Page 1 Total Total Total Total Other Internal Total Governmental Utility Enterprise Service AllALL FUNDS Funds Funds Funds Funds Funds Balances Brought Forward 94,071,978 227,243,792 46,235,649 48,037,569 415,588,988 Budgeted Revenues Ad Valorem Taxes 104,309,360 104,309,360 Utility Taxes 20,693,870 20,693,870 Local Option, Fuel & Other Taxes 24,173,050 24,173,050 Franchise Fees 12,600,000 12,600,000 Other Permits and Fees 3,332,500 1,700 3,334,200 Intergovernmental Revenue 34,573,917 34,573,917 Charges for Services 18,729,320 206,860,770 15,492,650 84,497,310 325,580,050 Judgments, Fines and Forfeits 1,441,000 525,000 1,611,240 3,577,240 Miscellaneous Revenues 9,756,340 7,084,590 1,613,870 2,851,650 21,306,450 Transfers In 15,774,310 15,000 15,789,310 Other Financing Sources TOTAL BUDGETED REVENUES 245,383,667 214,472,060 18,732,760 87,348,960 565,937,447 TOTAL REVENUES, TRANSFERS, AND BALANCES 339,455,645 441,715,852 64,968,409 135,386,529 981,526,435 Budgeted Expenditures City Council 664,064 664,064 City Manager's Office 1,386,616 1,386,616 City Attorney's Office 2,790,947 2,790,947 City Audit 507,056 507,056 City Clerk 1,384,574 1,384,574 CRA Administration 1,060,401 1,060,401 Economic Development and Housing 2,400,886 2,400,886 Finance 3,574,985 3,574,985 Fire 35,817,579 35,817,579 Human Resources 2,416,584 2,416,584 Library 10,090,842 10,090,842 Non-Departmental 18,799,898 18,799,898 Parks and Recreation 56,857,045 56,857,045 Planning and Development 9,434,077 9,434,077 Police 59,114,510 59,114,510 Public Communications 2,254,207 2,254,207 Public Services 512,130 512,130 Public Works 17,975,099 17,975,099 General Government Services 237,380 237,380 Economic Environment 1,496,759 1,496,759 Human Services 1,500 1,500 Culture and Recreation 70,000 70,000 Transfers Out 21,144,238 21,144,238 Water & Sewer Fund Expenditures Public Utilities Administration 4,659,188 4,659,188 Wastewater Collection 24,659,184 24,659,184 Infrastructure Maintenance 10,891,095 10,891,095 WW Environmental Technologies 26,835,759 26,835,759 Laboratory Operations 627,966 627,966 Industrial Pretreatment 1,149,406 1,149,406 Water Distribution 19,250,399 19,250,399 Water Supply 20,917,852 20,917,852 Reclaimed Water 6,211,591 6,211,591 Stormwater Fund Stormwater Management 10,763,042 10,763,042 Stormwater Maintenance 6,692,638 6,692,638 EXHIBIT B CITY OF CLEARWATER 2024-25 BUDGET Ordinance No. 9793-24 Page 2 Total Total Total Total Other Internal Total Governmental Utility Enterprise Service AllALL FUNDS Funds Funds Funds Funds Funds Budgeted Expenditures Solid Waste & Recycling Fund Administration 3,858,510 3,858,510 Solid Waste Collection 22,142,303 22,142,303Solid Waste Transfer 2,617,235 2,617,235 Solid Waste Container Maintenance 955,452 955,452 Recycling Residential 1,382,721 1,382,721 Recycling Multi Family 432,458 432,458 Recycling Commercial 2,793,761 2,793,761 Gas Fund Administration and Supply 24,716,617 24,716,617 Pinellas Gas Operations 10,659,362 10,659,362 Pasco Gas Operations 7,292,463 7,292,463 Gas Marketing and Sales 5,114,188 5,114,188 Airpark Fund Airpark Operations 151,110 151,110 Marine Fund Marina Operations 5,168,960 5,168,960 Clearwater Harbor Marine Fund Clearwater Harbor Marina Operations 1,168,400 1,168,400 Parking Fund Public Works/Parking System 39,267,248 39,267,248 Public Works/Parking Enforcement 1,311,862 1,311,862 Fire Department/Beach Guard Operations 1,506,194 1,506,194 Marine&Aviation/Seminole Street Boat Ramp 200,416 200,416 Administrative Services FundInfo Tech/Administration 701,295 701,295 Info Tech/Network Operations & Support 5,779,449 5,779,449 Info Tech/Network Security & Architecture 3,505,911 3,505,911 Info Tech/Solutions & Programming 932,756 932,756 Info Tech/Enterprise Systems & Training 4,330,190 4,330,190 Public Communications/Courier 209,563 209,563 Finance/Utility Customer Service 4,694,426 4,694,426 General Services Fund Administration 600,275 600,275 Building and Maintenance 8,068,615 8,068,615 Garage Fund Fleet Maintenance 17,633,580 17,633,580 Radio Communications 798,930 798,930 Central Insurance Fund Finance/Risk Management 519,863 519,863 Human Resources/Employee Benefits 501,286 501,286 Human Resources/Employee Health Center 1,753,770 1,753,770 Non-Departmental 37,264,331 37,264,331 TOTAL BUDGETED EXPENDITURES 249,991,377 214,623,190 48,774,190 87,294,240 600,682,997 Fund Balances/Reserves/Net Assets 89,464,268 227,092,662 16,194,219 48,092,289 380,843,438 TOTAL EXPENDITURES AND BALANCES 339,455,645 441,715,852 64,968,409 135,386,529 981,526,435 2024-25 BUDGET EXHIBIT B CITY OF CLEARWATER Ordinance No. 9793-24 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9794-24 Agenda Date: 9/4/2024 Status: Public HearingVersion: 1 File Type: OrdinanceIn Control: Office of Management & Budget Agenda Number: 7.3 SUBJECT/RECOMMENDATION: Approve the fiscal year 2024/25 Annual Capital Improvement Budget, establish a six-year plan for the Capital Improvement Program (CIP), and pass Ordinance 9794-24 on first reading. SUMMARY: In accordance with Chapter 200 of the Florida Statutes and the rules governing Truth in Millage (TRIM) compliance, the City Council must hold two public hearing to adopt the final budget. The adoption of this ordinance and the related ordinances adopting the 2024/25 millage rate and operating budget are an integral part of fulfilling these requirements. On June 28, 2024, the City Manager provided the City Council with a Preliminary Annual Operating and Capital Improvement Budget that outlined estimates of revenues and expenditures for the 2024/25 fiscal year. The City Manager presented the preliminary budget at the City Council meeting on July 15, 2024, for Council discussion and citizen input. In addition, a Special Budget Work Session was held on August 14, 2024, for Council discussion of the proposed budget. No changes have been made to the Preliminary Capital Improvement Budget. STRATEGIC PRIORITY: The budgeting process aligns resource allocation to the advancement of our community in all five strategic priorities: high performing government, economic and housing opportunity, community well-being, environmental stewardship, and superior public service. Page 1 City of Clearwater Printed on 9/3/2024 Ordinance No. 9794-24 CAPITAL IMPROVEMENT ORDINANCE ORDINANCE NO. 9794-24 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ADOPTING THE CAPITAL IMPROVEMENT PROGRAM BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2024, AND ENDING SEPTEMBER 30, 2025; APPROVING THE SIX-YEAR CAPITAL IMPROVEMENT PROGRAM WHICH SHALL BE REEVALUATED AT THE BEGINNING OF EACH FISCAL YEAR; AUTHORIZING THE CITY MANAGER TO ISSUE SUCH INSTRUCTIONS THAT ARE NECESSARY TO ACHIEVE AND ACCOMPLISH THE CAPITAL IMPROVEMENTS SO AUTHORIZED; AUTHORIZING THE CITY MANAGER TO TRANSFER MONEY BETWEEN PROJECTS IN THE CAPITAL IMPROVEMENT PROGRAM; APPROPRIATING AVAILABLE AND ANTICIPATED RESOURCES FOR THE PROJECTS IDENTIFIED; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Manager has submitted a proposed Six-Year Capital Improvement Program, and has submitted an estimate of the amount of money necessary to carry on said Capital Improvement Program for the fiscal year beginning October 1, 2024, and ending September 30, 2025; and WHEREAS, an estimate of the resources available and income to be received by the City during said period from ad valorem taxes and other sources has been submitted to the City Council; and WHEREAS, a general summary of the Capital Improvement Budget, and notice of the times and places when copies of the budget message and capital budget are available for inspection by the public, was published in a newspaper of general circulation; and WHEREAS, the City Council has examined and carefully considered the proposed budget; and WHEREAS, in accordance with Chapter 2 of the Clearwater Code of Ordinances, the City Council conducted a public hearing upon said proposed budget on September 4, 2024; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Pursuant to the Capital Improvement Program Report and Estimated Budget for the fiscal year beginning October 1, 2024, and ending September 30, 2025, a copy of which is on file with the City Clerk, the City Council hereby adopts a budget for the Ordinance No. 9794-24 capital improvement fund for the City of Clearwater, a copy of which is attached hereto as Exhibit A. Section 2. The Six-Year Capital Improvement Program and Budget, a summary of which is attached hereto, marked Exhibit B, is approved in its present form, but prior to the beginning of each fiscal year the City Council shall reevaluate priorities, hold public hearings and formally adopt additions or corrections thereto. Section 3. The budget as adopted shall stand and be the Capital Improvement Program Budget of the City for said fiscal year, subject to the authority of the City Council to amend or change the budget as provided by Section 2.519 of the Clearwater Code of Ordinances. Section 4. The City Manager is authorized and directed to issue such instructions and directives that are necessary to achieve and accomplish the capital improvements authorized by the adoption of this budget. Section 5. The City Manager is authorized to transfer appropriations within the capital budget, provided such transfer does not result in changing the scope of any project or the fund source included in the adopted capital budget. Section 6. Should any provision of this ordinance be declared by any court to be invalid, the same shall not affect the validity of the ordinance as a whole, or any provision thereof, other than the provision declared to be invalid. Section 7. This ordinance shall take effect October 1, 2024. PASSED ON FIRST READING AS AMENDED _____________________ PASSED ON SECOND READING _____________________ AND ADOPTED ________________________________ Bruce Rector Mayor Approved as to form: Attest: _____________________________ ________________________________ David Margolis Rosemarie Call City Attorney City Clerk Budgeted Revenues GENERAL SOURCES:2024/25 General Operating Revenue 27,172,760 Penny for Pinellas 13,292,610 Road Millage 4,963,330 Local Option Fuel Tax 1,427,150 Grants 474,650 County Fire Reimbursements 129,540 Special Program Fund 75,000 Multi-Modal Impact Fees 640,000 SELF SUPPORTING FUNDS: Parking Revenue 33,319,000 Marina Revenue 150,000 Clearwater Harbor Marina Fund Revenue 175,000 Airpark Revenue 35,000 Airpark Reimbursement Revenue 274,650 Utility Enterprise Funds: Water Revenue 10,588,380 Sewer Revenue 13,963,840 Utility R & R 14,471,170 Water Impact Fees 160,000 Stormwater Utility Revenue 6,550,600 Gas Revenue 8,175,000 Solid Waste Revenue 2,430,000 INTERNAL SERVICE FUNDS: Garage Revenue 175,000 Administrative Services Revenue 1,900,000 General Services Fund 200,000 Central Insurance Fund 176,520 BORROWING - INTERNAL SERVICE FUNDS: Lease Purchase - Garage 11,519,500 Lease Purchase - Administrative Services 400,000 TOTAL ALL FUNDING SOURCES:$152,838,700 CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2024/25 Exhibit A Ordinance No. 9794-24 Budgeted Expenditures FUNCTION:2024/25 Other General Government 25,974,500 Police Protection 570,000 Fire Protection 1,129,730 Fire Rescue Services 406,520 Gas Utility Services 8,175,000 Solid Waste Services 2,430,000 Water-Sewer Services 23,200,630 Flood Protection/Stormwater Mgmt 3,095,810 Other Physical Environment 11,549,190 Road and Street Facilities 24,131,020 Airports 584,300 Water Transportation Systems 200,000 Parking Facilities 32,889,000 Other Transportation 170,000 Libraries 110,000 Parks & Recreation 4,000,000 Cultural Services 35,000 Special Recreation Facilities 14,188,000 TOTAL PROJECT EXPENDITURES $152,838,700 Exhibit A CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2024/25 Ordinance No. 9794-24 Function 2024/25 2025/26 2026/27 2027/28 2028/29 2029/30 Total Other General Government 25,974,500 22,267,980 21,885,630 21,428,920 21,654,360 22,263,580 135,474,970 Police Protection 570,000 2,258,050 422,000 2,333,050 407,000 407,000 6,397,100 Fire Protection 1,129,730 1,920,550 2,409,820 1,691,550 2,710,570 3,030,780 12,893,000 Fire Rescue Services 406,520 407,320 743,920 284,080 904,000 901,280 3,647,120 Gas Utility Services 8,175,000 7,125,000 6,975,000 6,975,000 6,975,000 6,975,000 43,200,000 Solid Waste Services 2,430,000 3,400,000 4,400,000 400,000 400,000 400,000 11,430,000 Water-Sewer Services 23,200,630 128,377,640 128,991,770 192,860,670 186,823,430 97,414,480 757,668,620 Flood Protection/ Stormwater Mgmt 3,095,810 4,241,070 4,916,370 7,236,340 8,066,050 9,340,780 36,896,420 Other Physical Environment 11,549,190 17,311,560 21,434,940 19,673,910 24,170,080 7,914,790 102,054,470 Road and Street Facilities 24,131,020 27,445,850 19,768,280 17,004,610 11,818,370 18,059,510 118,227,640 Airports 584,300 4,485,000 795,000 35,000 35,000 35,000 5,969,300 Water Transportation Systems 200,000 200,000 200,000 200,000 200,000 200,000 1,200,000 Parking Facilities 32,889,000 36,624,000 724,000 424,000 424,000 424,000 71,509,000 Other Transportation 170,000 195,000 170,000 170,000 170,000 184,000 1,059,000 Libraries 110,000 110,000 110,000 110,000 110,000 110,000 660,000 Parks & Recreation 4,000,000 3,880,000 5,022,500 4,427,500 5,993,000 3,980,000 27,303,000 Cultural Services 35,000 35,000 35,000 35,000 35,000 35,000 210,000 Special Recreation Facilities 14,188,000 12,077,000 14,306,000 25,994,000 7,381,000 7,381,000 81,327,000 152,838,700 272,361,020 233,310,230 301,283,630 278,276,860 179,056,200 1,417,126,640 Exhibit B Schedule of Planned Expenditures CAPITAL IMPROVEMENT PROGRAM EXPENDITURE SUMMARY BY FUNCTION FY 2024-2025 THROUGH FY 2029-2030 Ordinance No. 9794-24 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#24-0992 Agenda Date: 9/4/2024 Status: Public HearingVersion: 1 File Type: Action ItemIn Control: Office of Management & Budget Agenda Number: 7.4 SUBJECT/RECOMMENDATION: Approve the recommended Penny for Pinellas project list, as revised for fiscal years 2024/25 through 2029/30. SUMMARY: On March 6, 1997, the City Council adopted Ordinance 6137-97. The ordinance established the requirement for a special hearing prior to adoption of the capital improvement budget to discuss the use of Penny for Pinellas tax, and at any time in which there is any proposed change to the Penny for Pinellas project funding of $500,000 or more. There are no changes proposed to Penny for Pinellas project funding in the fiscal year 2024/2025 budget. STRATEGIC PRIORITY: The budgeting process aligns resource allocation to the advancement of our community in all five strategic priorities: high performing government, economic and housing opportunity, community well-being, environmental stewardship, and superior public service. Page 1 City of Clearwater Printed on 9/3/2024 Penny for Pinellas Project Funding - Public Hearing September 4, 2024 Total Approved Proposed Amended Total Projects Changes Projects 2024/25 2025/26 2026/27 2027/28 2028/29 2029/30 Projected Beginning Balance:(5,424,143) (2,296,712) 5,559,129 2,180,086 8,951,217 8,923,286 (5,424,143) 16,420,041 16,255,841 16,580,957 16,995,481 17,420,368 4,463,969 88,136,658 10,995,898 13,959,129 22,140,086 19,175,567 26,371,586 13,387,255 82,712,515 Penny IV Approved Projects: Fire Engines/Ladder Trucks 5,143,460 5,143,460 742,610 924,350 1,698,300 1,778,200 5,143,460 Police Vehicles 1,200,000 1,200,000 200,000 200,000 200,000 200,000 200,000 200,000 1,200,000 Sports Fields & Facilities Upgrades/Improvements 2,400,000 2,400,000 300,000 2,100,000 2,400,000 Sports Fields & Facilities (BayCare/Carpenter)6,000,000 6,000,000 6,000,000 6,000,000 Frank Tack Improvements 300,000 300,000 300,000 300,000 McMullen Tennis Bldg Renovation 2,800,000 2,800,000 700,000 2,100,000 2,800,000 Neighborhood & Community Parks Renovations 1,400,000 1,400,000 100,000 100,000 100,000 400,000 350,000 350,000 1,400,000 Woodgate Park Renovation 1,800,000 1,800,000 1,800,000 1,800,000 Long Center Renovation - - - Bicycle Paths & Recreation Trails - - - Aviation Operations Center 760,000 760,000 760,000 760,000 Environmental Park Upgrades 750,000 750,000 750,000 750,000 Beach Marina Upgrades - - - Public Works Complex 12,300,000 12,300,000 4,600,000 2,600,000 5,100,000 12,300,000 City Hall 6,300,000 6,300,000 6,300,000 6,300,000 Clearwater Harbor Marina Replacement/Upgrade 5,000,000 5,000,000 1,000,000 1,000,000 1,000,000 1,000,000 1,000,000 5,000,000 Total Proposed Penny Projects 46,153,460 46,153,460 Penny IV Interfund Loan Repayment Schedule Police District III 5,000,000 5,000,000 5,000,000 5,000,000 Waterfront/Bluff Masterplan (Coachman Park)28,500,000 28,500,000 7,500,000 7,000,000 7,000,000 7,000,000 28,500,000 79,653,460 - 79,653,460 13,292,610 8,400,000 19,960,000 10,224,350 17,448,300 10,328,200 79,653,460 (2,296,712)5,559,129 2,180,086 8,951,217 8,923,286 3,059,055 3,059,055 Replacement/Upgrade of Current Infrastructure 12,350,000 3,200,000 12,260,000 2,100,000 8,550,000 1,350,000 39,810,000 Public Safety Infrastructure/Equipment 942,610 5,200,000 200,000 1,124,350 1,898,300 1,978,200 11,343,460 New Infrastructure - - 7,500,000 7,000,000 7,000,000 7,000,000 28,500,000 Estimated Available Balance Fiscal Years 2024/25 - 2029/30 Estimated Penny IV Proceeds Estimated Revenue Planned Project Expenditures CITY OF CLEARWATER NOTICE OF PUBLIC HEARING PENNY FOR PINELLAS PROJECTS CITY COUNCIL MEETING Wednesday, September 4, 2024 6:00 p.m. A public hearing will be held by the City of Clearwater in City Council Chambers, Clearwater Main Library, 100 North Osceola Avenue, Clearwater, Florida, regarding the Penny for Pinellas project list for fiscal years 2024/25 through 2029/30 totaling $79,653,460 to fund capital projects under the Penny for Pinellas plan. There are no changes proposed to Penny for Pinellas project funding in the fiscal year 2024/2025 budget. Interested parties may appear and be heard at the hearing or file written notice of approval or objection with the City Clerk prior to the hearing. Any person who decides to appeal any decision made by the Council, with respect to any matter considered at such hearing, will need to request a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based per Florida Statute 286.0105. Rosemarie Call, MMC City of Clearwater City Clerk P.O. Box 4748, Clearwater, FL 33758-4748 A copy of this ad in large print is available in the City Clerk’s Office. Any person with a disability requiring reasonable accommodation in order to participate in this meeting should call (727) 562- 4090 with their request. Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9788-24 Agenda Date: 9/4/2024 Status: Public HearingVersion: 1 File Type: OrdinanceIn Control: Solid Waste Agenda Number: 7.5 SUBJECT/RECOMMENDATION: Amend Appendix A, Clearwater Code of Ordinances, Schedule of Fees, Rates and Charges, Article XXIV, Public Works Fees, Rates and Charges, Section (3)(c) Solid Waste Collection Rates, Section (3)(d) Recycling Rates, and Section (5) Other Miscellaneous Charges; Increase specific collection fees for Solid Waste and Recycling annually by 3.75% effective October 1, 2024, October 1, 2025, October 1, 2026, October 1, 2027, and October 1, 2028; and pass Ordinance 9788-24 on first reading. SUMMARY: Earlier this year Stantec Consulting Services Inc. of Tampa, FL performed a rate sufficiency analysis (RSA) on the City’s Solid Waste and Recycling Utility Enterprise Fund. Stantec conducted similar studies during 2019 and 2021. The objectives for this study included evaluation of the utility’s current rates and identifying a new multi-year plan of increases that provides sufficient revenues to fund operations and maintenance costs, capital improvement costs, adjustments to scenarios evaluated in prior studies related to timing and costs, and to ensure adequate operating reserves over the entire five year planning period (Fiscal Year 2025 - Fiscal Year 2029) and ten year projection period (Fiscal Year 2030 - Fiscal Year 2034). Staff provided historical and budgeted financial information for the utility, assumptions regarding growth, interest earning rates, and policies affecting the utility to Stantec for the study. Based on Stantec’s study and analysis of rate increase scenarios discussed with staff, it is recommended that fees for Solid Waste and Recycling be increased by 3.75% for the fiscal years 2025 through 2029. Residential solid waste and recycling rates will increase as follows: Monthly Current 10/1/2024 10/1/2025 10/1/2026 10/1/2027 10/1/2028 Solid Waste $34.62 $35.92 $37.27 $38.67 $40.12 $41.62 Recycling $ 3.51 $ 3.64 $ 3.78 $ 3.92 $ 4.07 $ 4.22 Total $38.13 $39.56 $41.05 $42.59 $44.19 $45.84 Appendix A of the Code of Ordinances currently contains a listing of various residential, commercial and roll-off collection fees for Solid Waste and Recycling. Therefore, staff is recommending that the Appendix A of the Code of Ordinances be amended to increase rates in accordance with the attached rate study prepared by Stantec. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A STRATEGIC PRIORITY: This item falls under the following objectives: 1.1 (evidence-based measurement tools) and 1.3 (adopt responsive levels of service for public facilities and amenities) within High Performing Government, and 4.2 (waste reduction practices) within Environmental Stewardship. Page 1 City of Clearwater Printed on 9/3/2024 ORDINANCE NO. 9788-24 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING CODE OF ORDINANCES, APPENDIX A – SCHEDULE OF FEES, RATES AND CHARGES, ARTICLE XXIV, PUBLIC WORKS – FEES, RATES AND CHARGES; SECTION (3)(C) SOLID WASTE COLLECTION RATES; SECTION (3)(D) RECYCLING; SECTION (5) OTHER MISCELLANEOUS CHARGES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Appendix A, Article XXIV sets forth the schedule of fees, rates, and charges to be paid by customers of the City’s solid waste and recycling collection systems; WHEREAS, in August 2024, Stantec Consulting Services, Inc. completed a Revenue Sufficiency Analysis (“Study”), which evaluated the sufficiency of the revenues provided by existing solid waste and recycling collection rates; WHEREAS, the Study recommends an increase to solid waste and recycling collection rates. The increases are necessary to provide support for needed infrastructure investments, compliance with regulatory requirements, and maintaining current levels of service over the next five fiscal years; WHEREAS, the Study recommends a 3.75% increase per year to be effective on October 1, 2024, October 1, 2025, October 1, 2026, October 1, 2027, and October 1, 2028; WHEREAS, the City Council determines that the adoption of this Ordinance to be in the best interest of the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA, THAT: Section 1: Appendix A, Article XXIV, Section (3)(c), Code of Ordinances, is amended as follows: APPENDIX A – SCHEDULE OF FEES, RATES AND CHARGES ***** XXIV. PUBLIC WORKS — FEES, RATES AND CHARGES ***** (3) Rates: Ordinance No. 9788-24 2 ***** (c) Solid waste collection rates. 1. Effective January 11, 2016, solid waste collection in prescribed containers will be once weekly. a. Single-family, multiple-family dwellings, and commercial buildings unable to have commercial container service: (i) Curbside pickup: One residential refuse container will be provided for automated service for each living unit. Where routes are automated, automated service shall be the only collection option. Additional containers may be approved by the director of solid waste/general services at the rates specified below. Single-family dwelling residents may request additional containers, at the discounted rate detailed below, after undergoing an initial recycling assessment. The recycling assessment is offered, without charge, to residents that generate a large amount of refuse. If additional containers are provided, the director of solid waste/general services may conduct periodic recycling assessments without notice to the resident. Based on data derived from subsequent recycling assessments, the city may elect to remove any additional containers provided to the resident, at the director of solid waste/general service's sole discretion. ` Effective 10/1/2024 10/1/2025 10/1/2026 10/1/2027 10/1/2028 Each living unit, minimum $35.92 $37.27 $38.66 $40.11 $41.62 Each additional container (multiple- family, commercial, or refusal of assessment) $35.92 $37.27 $38.66 $40.11 $41.62 Each additional container (single- family with assessment) $10.78 $11.18 $11.60 $12.04 $12.49 Ordinance No. 9788-24 3 Effective 10/1/2019 10/1/2020 10/1/221 10/1/2022 10/1/2023 Each living unit, minimum $29.88 $31.00 $32.16 $33.37 $34.62 Each additional container (multiple-family, commercial, or refusal of assessment) 29.88 31.00 32.16 33.37 34.62 Each additional container (single-family with assessment) 8.96 9.30 9.65 10.01 10.39 (ii) Side or rear yard premium service: Manual pickup has a limit of two containers per living unit, each having a capacity no larger than 32 gallons and 50 pounds. For each additional 32-gallon or smaller container for rear yard pickup, the fee specified below will be charged for side or rear building collection of each 32-gallon container. Effective 10/1/2024 10/1/2025 10/1/2026 10/1/2027 10/1/2028 Each living unit $71.84 $74.53 $77.33 $80.22 $83.23 Each additional container $25.14 $26.08 $27.06 $28.07 $29.13 Effective 10/1/2019 10/1/2020 10/1/2021 10/1/2022 10/1/2023 Each living unit $59.76 $62.00 $64.32 $66.74 $69.24 Each additional container 20.92 21.70 22.51 23.36 24.23 Ordinance No. 9788-24 4 (iii) Base charge: The base charge will be included in the monthly charge for active accounts as specified below. Dormant accounts will be assessed the base charge for each account. Effective 10/1/2024 10/1/2025 10/1/2026 10/1/2027 10/1/2028 Each account, minimum $11.97 $12.42 $12.89 $13.37 $13.87 Effective 10/1/2019 10/1/2020 10/1/2021 10/1/2022 10/1/2023 Each account, minimum $9.96 $10.33 $10.72 $11.12 $11.54 (iv) Service outside of the municipal limits: Accounts outside the city limits shall be assessed 125 percent of the city's monthly charges for curbside service for once weekly collection for each unit. b. Motels, apartment motels, or apartments renting by day or week and serviced with residential refuse containers: all containers serving the premises shall be centrally located at one collection point. (i) Curbside pickup: First living unit, minimum Effective 10/1/2024 10/1/2025 10/1/2026 10/1/2027 10/1/2028 $35.92 $37.27 $38.66 $40.11 $41.62 Effective 10/1/2019 10/1/2020 10/1/2021 10/1/2022 10/1/2023 Ordinance No. 9788-24 5 All additional living units, per unit Effective 10/1/2024 10/1/2025 10/1/2026 10/1/2027 10/1/2028 $17.96 $18.63 $19.33 $20.06 $20.81 Effective 10/1/2019 10/1/2020 10/1/2021 10/1/2022 10/1/2023 $14.94 $15.50 $16.08 $16.69 $17.31 (ii) Side or rear yard premium service: First living unit, minimum Effective 10/1/2024 10/1/2025 10/1/2026 10/1/2027 10/1/2028 $71.84 $74.53 $77.33 $80.22 $83.23 Effective 10/1/2019 10/1/2020 10/1/2021 10/1/2022 10/1/2023 $59.76 $62.00 $64.32 $66.74 $69.24 All additional living units, per unit Effective 10/1/2024 10/1/2025 10/1/2026 10/1/2027 10/1/2028 $35.92 $37.27 $38.66 $40.11 $41.62 $29.88 $31.00 $32.16 $33.37 $34.62 Ordinance No. 9788-24 6 Effective 10/1/2019 10/1/2020 10/1/2021 10/1/2022 10/1/2023 $29.88 $31.00 $32.16 $33.37 $34.62 c. Motels, apartment motels, or apartments renting by day or week and serviced with commercial containers, will be charged in accordance with the schedule in subsection (3)(c)2.c of this section. d. Commercial buildings of all types (such as professional offices, stores, hotels, factories, filling stations, service establishments, etc.) where commercial container service is determined to not be feasible pursuant to section 32.273(2): (i) Residential refuse container service: Curbside pickup, per container Effective 10/1/2024 10/1/2025 10/1/2026 10/1/2027 10/1/2028 $35.92 $37.27 $38.66 $40.11 $41.62 Effective 10/1/2019 10/1/2020 10/1/2021 10/1/2022 10/1/2023 $29.88 $31.00 $32.16 $33.37 $34.62 (ii) Residential refuse container service: Side or rear yard premium service, per container Effective 10/1/2024 10/1/2025 10/1/2026 10/1/2027 10/1/2028 $71.84 $74.53 $77.33 $80.22 $83.23 Effective 10/1/2019 10/1/2020 10/1/2021 10/1/2022 10/1/2023 Ordinance No. 9788-24 7 $59.76 $62.00 $64.32 $66.74 $69.24 2. Monthly charges for daily commercial (except Saturday, Sunday and holidays) collection for solid waste in prescribed containers (no larger than 32 gallons with maximum weight of 50 pounds). a. Curbside pickup: (i) Per container: Effective 10/1/2024 10/1/2025 10/1/2026 10/1/2027 10/1/2028 $94.00 $97.52 $101.18 $104.97 $108.91 Effective 10/1/2019 10/1/2020 10/1/2021 10/1/2022 10/1/2023 $78.20 $81.13 $84.17 $87.33 $90.60 (ii) Each additional container, each day: Effective 10/1/2024 10/1/2025 10/1/2026 10/1/2027 10/1/2028 $4.35 $4.51 $4.68 $4.85 $5.04 Effective 10/1/2019 10/1/2020 10/1/2021 10/1/2022 10/1/2023 $3.61 $3.75 $3.89 $4.04 $4.19 b. Side or rear yard premium service: (i) Per container: Ordinance No. 9788-24 8 Effective 10/1/2024 10/1/2025 10/1/2026 10/1/2027 10/1/2028 $188.00 $195.04 $202.36 $209.95 $217.82 Effective 10/1/2019 10/1/2020 10/1/2021 10/1/2022 10/1/2023 $156.40 $162.26 $168.34 $174.66 $181.20 (ii) Each additional container, each day: Effective 10/1/2024 10/1/2025 10/1/2026 10/1/2027 10/1/2028 $8.69 $9.02 $9.36 $9.71 $10.07 Effective 10/1/2019 10/1/2020 10/1/2021 10/1/2022 10/1/2023 $7.22 $7.50 $7.78 $8.08 $8.38 c. Commercial containers: (i) Uncompacted commercial: Fiscal Year 2025 Effective Date 10/1/2024 Size Times per Week Pickup (cubic yard) 1 2 3 4 5 6 7 1 $92.21 $167.27 $240.05 $331.54 $438.27 $636.30 $728.59 2 167.37 305.71 444.06 611.43 813.94 1,197.31 1,364.64 3 216.48 395.54 574.61 791.20 1,053.22 1,549.30 1,765.75 4 260.04 479.73 699.47 965.34 1,286.90 1,895.72 2,155.75 Ordinance No. 9788-24 9 5 260.47 520.85 781.25 1,096.26 1,477.43 2,198.96 2,459.38 6 351.65 652.74 953.85 1,318.11 1,917.13 2,593.10 2,944.76 8 443.99 826.55 1,209.19 1,672.01 2,231.97 2,684.54 3,112.84 Fiscal Year 2026 Effective Date 10/1/2025 Size Times per Week Pickup (cubic yard) 1 2 3 4 5 6 7 1 $95.67 $173.54 $249.05 $343.97 $454.71 $660.16 $755.91 2 173.65 317.17 460.71 634.36 844.46 1,242.21 1,415.81 3 224.60 410.37 596.16 820.87 1,092.72 1,607.40 1,831.97 4 269.79 497.72 725.70 1,001.54 1,335.16 1,966.81 2,236.59 5 270.24 540.38 810.55 1,137.37 1,532.83 2,281.42 2,551.61 6 364.84 677.22 989.62 1,367.54 1,989.02 2,690.34 3,055.19 8 460.64 857.55 1,254.53 1,734.71 2,315.67 2,785.21 3,229.57 Fiscal Year 2027 Effective Date 10/1/2026 Size Times per Week Pickup (cubic yard) 1 2 3 4 5 6 7 1 $99.26 $180.05 $258.39 $356.87 $471.76 $684.92 $784.26 2 180.16 329.06 477.99 658.15 876.13 1,288.79 1,468.90 3 233.02 425.76 618.52 851.65 1,133.70 1,667.68 1,900.67 4 279.91 516.38 752.91 1,039.10 1,385.23 2,040.57 2,320.46 5 280.37 560.64 840.95 1,180.02 1,590.31 2,366.97 2,647.30 6 378.52 702.62 1,026.73 1,418.82 2,063.61 2,791.23 3,169.76 8 477.91 889.71 1,301.57 1,799.76 2,402.51 2,889.66 3,350.68 Ordinance No. 9788-24 10 Fiscal Year 2028 Effective Date 10/1/2027 Size Times per Week Pickup (cubic yard) 1 2 3 4 5 6 7 1 $102.98 $186.80 $268.08 $370.25 $489.45 $710.60 $813.67 2 186.92 341.40 495.91 682.83 908.98 1,337.12 1,523.98 3 241.76 441.73 641.71 883.59 1,176.21 1,730.22 1,971.95 4 290.41 535.74 781.14 1,078.07 1,437.18 2,117.09 2,407.48 5 290.88 581.66 872.49 1,224.27 1,649.95 2,455.73 2,746.57 6 392.71 728.97 1,065.23 1,472.03 2,141.00 2,895.90 3,288.63 8 495.83 923.07 1,350.38 1,867.25 2,492.60 2,998.02 3,476.33 Fiscal Year 2029 Effective Date 10/1/2028 Size Times per Week Pickup (cubic yard) 1 2 3 4 5 6 7 1 $106.84 $193.81 $278.13 $384.13 $507.80 $737.25 $844.18 2 193.93 354.20 514.51 708.44 943.07 1,387.26 1,581.13 3 250.83 458.29 665.77 916.72 1,220.32 1,795.10 2,045.90 4 301.30 555.83 810.43 1,118.50 1,491.07 2,196.48 2,497.76 5 301.79 603.47 905.21 1,270.18 1,711.82 2,547.82 2,849.57 6 407.44 756.31 1,105.18 1,527.23 2,221.29 3,004.50 3,411.95 8 514.42 957.69 1,401.02 1,937.27 2,586.07 3,110.45 3,606.69 Fiscal Year 2020 Effective Date 10/1/2019 Ordinance No. 9788-24 11 Size Times per Week Pickup (cubic yard) 1 2 3 4 5 6 7 1 $76.71 $139.14 $199.69 $275.81 $364.59 $529.32 $606.10 2 139.23 254.31 369.41 508.64 677.10 996.02 1,135.22 3 180.09 329.04 478.00 658.18 876.14 1,288.84 1,468.89 4 216.32 399.07 581.87 803.05 1,070.55 1,577.00 1,793.32 5 216.68 433.27 649.90 911.96 1,229.04 1,829.26 2,045.91 6 292.54 543.00 793.48 1,096.51 1,594.81 2,157.14 2,449.68 8 369.34 687.59 1,005.89 1,390.91 1,856.72 2,233.21 2,589.49 Fiscal Year 2021 Effective Date 10/1/2020 Size Times per Week Pickup (cubic yard) 1 2 3 4 5 6 7 1 $79.59 $144.36 $207.18 $286.15 $378.26 $549.17 $628.83 2 144.45 263.85 383.26 527.71 702.49 1,033.37 1,177.79 3 186.84 341.38 495.93 682.86 909.00 1,337.17 1,523.97 4 224.43 414.04 603.69 833.16 1,110.70 1,636.14 1,860.57 5 224.81 449.52 674.27 946.16 1,275.13 1,897.86 2,122.63 6 303.51 563.36 823.24 1,137.63 1,654.62 2,238.03 2,541.54 8 383.19 713.37 1,043.61 1,443.07 1,926.35 2,316.96 2,686.60 Fiscal Year 2022 Effective Date 10/1/2021 Size Times per Week Pickup (cubic yard) 1 2 3 4 5 6 7 1 $82.57 $149.77 $214.95 $296.88 $392.44 $569.76 $652.41 2 149.87 273.74 397.63 547.50 728.83 1,072.12 1,221.96 3 193.85 354.18 514.53 708.47 943.09 1,387.31 1,581.12 4 232.85 429.57 626.33 864.40 1,152.35 1,697.50 1,930.34 5 233.24 466.38 699.56 981.64 1,322.95 1,969.03 2,202.23 6 314.89 584.49 854.11 1,180.29 1,716.67 2,321.96 2,636.85 8 397.56 740.12 1,082.75 1,497.19 1,998.59 2,403.85 2,787.35 Fiscal Year 2023 Effective Date 10/1/2022 Ordinance No. 9788-24 12 Size Times per Week Pickup (cubic yard) 1 2 3 4 5 6 7 1 $85.67 $155.39 $223.01 $308.01 $407.16 $591.13 $676.88 2 155.49 284.01 412.54 568.03 756.16 1,112.32 1,267.78 3 201.12 367.46 533.82 735.04 978.46 1,439.33 1,640.41 4 241.58 445.68 649.82 896.82 1,195.56 1,761.16 2.002.73 5 241.99 483.87 725.79 1.018.45 1,372.56 2,042.87 2,284.81 6 326.70 606.41 886.14 1,224.55 1,781.05 2,409.03 2,735.73 8 412.47 767.87 1,123.35 1,553.33 2,073.54 2,493.99 2,891.88 Fiscal Year 2024 Effective Date 10/1/2023 Size Times per Week Pickup (cubic yard) 1 2 3 4 5 6 7 1 $88.88 $161.22 $231.37 $319.56 $422.43 $613.30 $702.26 2 161.32 294.66 428.01 589.33 784.52 1,154.03 1,315.32 3 208.66 381.24 553.84 762.60 1,015.15 1,493.30 1,701.93 4 250.64 462.39 674.19 930.45 1,240.39 1,827.20 2.077.83 5 251.06 502.02 753.01 1.056.64 1,424.03 2,119.48 2,370.49 6 338.94 629.15 919.37 1,270.47 1,847.84 2,499.37 2,838.32 8 427.94 796.67 1,165.48 1,611.58 2,151.30 2,587.51 3,000.33 (ii) No new one-yard commercial containers shall be provided after January 3, 1991. EXTRA DUMP CHARGES (Collection charge for picking up an uncompacted container over the stated times per week, per collection.) Fiscal Year 2025 2026 2027 2028 2029 Effective Date 10/1/2024 10/1/2025 10/1/2026 10/1/2027 10/1/2028 Size (cubic yard) 1 $21.27 $22.07 $22.90 $23.76 $24.65 2 38.62 40.07 41.57 43.13 44.75 3 49.98 51.85 53.79 55.81 57.90 4 60.00 62.25 64.58 67.00 69.51 Ordinance No. 9788-24 13 5 60.12 62.37 64.71 67.14 69.66 6 81.17 84.21 87.37 90.65 94.05 8 102.47 106.31 110.30 114.44 118.73 Fiscal Year 2020 2021 2022 2023 2024 Effective Date 10/01/2019 10/01/2020 10/01/2021 10/01/2022 10/01/2023 Size (Cubic Yard) 1 $17.70 $18.36 $19.05 $19.76 $20.50 2 32.12 33.32 34.57 35.87 37.22 3 41.57 43.13 44.75 46.43 48.17 4 49.92 51.79 53.73 55.74 57.83 5 50.01 51.89 53.84 55.86 57.95 6 67.52 70.05 72.68 75.41 78.24 8 85.24 88.44 91.76 95.20 98.77 (iii) Compacted commercial: Fiscal Year 2025 Effective Date 10/1/2024 Size Times per Week Pickup (cubic yard) 1 2 3 4 5 6 7 1 $195.86 $391.70 $587.49 $824.43 $1,111.08 $1,653.65 $3,070.26 2 334.80 669.64 1,004.41 1,409.47 1,899.49 2,827.14 3,354.76 3 473.84 947.56 1,421.30 1,994.46 2,687.89 4,000.60 4,746.81 4 612.87 1,225.70 1,838.53 2,579.94 3,476.95 5,175.03 6,140.93 6 890.67 1,781.35 2,671.99 3,749.46 5,053.11 7,520.91 8,924.73 8 1,168.58 2,337.19 3,505.73 4,919.54 6,629.93 7,974.23 10,644.65 Fiscal Year 2026 Effective Date 10/1/2025 Size Times per Week Pickup (cubic yard) 1 2 3 4 5 6 7 Ordinance No. 9788-24 14 1 $203.20 $406.39 $609.52 $855.35 $1,152.75 $1,715.66 $3,185.39 2 347.36 694.75 1,042.08 1,462.33 1,970.72 2,933.16 3,480.56 3 491.61 983.09 1,474.60 2,069.25 2,788.69 4,150.62 4,924.82 4 635.85 1,271.66 1,907.47 2,676.69 3,607.34 5,369.09 6,371.21 6 924.07 1,848.15 2,772.19 3,890.06 5,242.60 7,802.94 9,259.41 8 1,212.40 2,424.83 3,637.19 5,104.02 6,878.55 8,273.26 11,043.82 Fiscal Year 2027 Effective Date 10/1/2026 Size Times per Week Pickup (cubic yard) 1 2 3 4 5 6 7 1 $210.82 $421.63 $632.38 $887.43 $1,195.98 $1,780.00 $3,304.84 2 360.39 720.80 1,081.16 1,517.17 2,044.62 3,043.15 3,611.08 3 510.05 1,019.96 1,529.90 2,146.85 2,893.27 4,306.27 5,109.50 4 659.69 1,319.35 1,979.00 2,777.07 3,742.62 5,570.43 6,610.13 6 958.72 1,917.46 2,876.15 4,035.94 5,439.20 8,095.55 9,606.64 8 1,257.87 2,515.76 3,773.58 5,295.42 7,136.50 8,583.51 11,457.96 Fiscal Year 2028 Effective Date 10/1/2027 Size Times per Week Pickup (cubic yard) 1 2 3 4 5 6 7 1 $218.73 $437.44 $656.09 $920.71 $1,240.83 $1,846.75 $3,428.77 2 373.90 747.83 1,121.70 1,574.06 2,121.29 3,157.27 3,746.50 3 529.18 1,058.21 1,587.27 2,227.36 3,001.77 4,467.76 5,301.11 4 684.43 1,368.83 2,053.21 2,881.21 3,882.97 5,779.32 6,858.01 6 994.67 1,989.36 2,984.01 4,187.29 5,643.17 8,399.13 9,966.89 8 1,305.04 2,610.10 3,915.09 5,494.00 7,404.12 8,905.39 11,887.63 Ordinance No. 9788-24 15 Fiscal Year 2029 Effective Date 10/1/2028 Size Times per Week Pickup (cubic yard) 1 2 3 4 5 6 7 1 $226.93 $453.84 $680.69 $955.24 $1,287.36 $1,916.00 $3,557.35 2 387.92 775.87 1,163.76 1,633.09 2,200.84 3,275.67 3,886.99 3 549.02 1,097.89 1,646.79 2,310.89 3,114.34 4,635.30 5,499.90 4 710.10 1,420.16 2,130.21 2,989.26 4,028.58 5,996.04 7,115.19 6 1,031.97 2,063.96 3,095.91 4,344.31 5,854.79 8,714.10 10,340.65 8 1,353.98 2,707.98 4,061.91 5,700.03 7,681.77 9,239.34 12,333.42 Fiscal Year 2020 Effective Date 10/1/2019 Size Times per Week Pickup (cubic yard) 1 2 3 4 5 6 7 1 $162.93 $325.84 $488.72 $685.83 $924.28 $1,375.63 $2,554.08 2 278.52 557.06 835.55 1,172.51 1,580.14 2,351.84 2,790.75 3 394.17 788.25 1,182.34 1,659.15 2,236.00 3,328.01 3,948.77 4 509.83 1,019.63 1,529.44 2,146.20 2,892.40 4,304.99 5,108.50 6 740.93 1,481.86 2,222.77 3,119.10 4,203.57 6,256.48 7,424.29 8 972.12 1,944.26 2,916.35 4,092.46 5,515.29 6,633.57 8,855.04 Fiscal Year 2021 Effective Date 10/1/2020 Size Times per Week Pickup (cubic yard) 1 2 3 4 5 6 7 1 $169.04 $338.06 $507.05 $711.55 $958.94 $1,427.22 $2,649.86 2 288.96 577.95 866.88 1,216.48 1,639.40 2,440.03 2,895.40 3 408.95 817.81 1,226.68 1,721.37 2,319.85 3,452.81 4,096.85 4 528.95 1,057.87 1,586.79 2,226.68 3,000.87 4,466.43 5,300.07 6 768.71 1,537.43 2,306.12 3,236.07 4,361.20 6,491.10 7,702.70 8 1,008.57 2,017.17 3,025.71 4,245.93 5,722.11 6,882.33 9,187.10 Ordinance No. 9788-24 16 Fiscal Year 2022 Effective Date 10/1/2021 Size Times per Week Pickup (cubic yard) 1 2 3 4 5 6 7 1 $175.38 $350.74 $526.06 $738.23 $994.90 $1,480.74 $2,749.23 2 299.80 599.62 899.39 1,262.10 1,700.88 2,531.53 3,003.98 3 424.29 848.48 1,272.68 1,785.92 2,406.84 3,582.29 4,250.48 4 548.79 1,097.54 1,646.29 2,310.18 3,113.40 4,633.92 5,498.82 6 797.54 1,595.08 2,392.60 3,357.42 4,524.75 6,734.52 7,991.55 8 1,046.39 2,092.81 3,139.17 4,405.15 5,936.69 7,140.42 9,531.62 Fiscal Year 2023 Effective Date 10/1/2022 Size Times per Week Pickup (cubic yard) 1 2 3 4 5 6 7 1 $181.96 $363.89 $545.79 $765.91 $1,032.21 $1,536.27 $2,852.33 2 $311.04 $622.11 $933.12 $1,309.43 $1,764.66 $2,626.46 $3,116.63 3 $440.20 $880.30 $1,320.41 $1,852.89 $2,497.10 $3,716.63 $4,409.87 4 $569.37 $1,138.70 $1,708.03 $2,396.81 $3,230.15 $4,807.69 $5,705.03 6 $827.45 $1,654.90 $2,482.32 $3,483.32 $4,694.43 $6,987.06 $8,291.23 8 $1,085.63 $2,171.29 $3,256.89 $4,570.34 $6,159.32 $7,408.19 $9,889.06 Fiscal Year 2024 Effective Date 10/1/2023 Size Times per Week Pickup (cubic yard) 1 2 3 4 5 6 7 1 $188.78 $377.54 $566.26 $794.63 $1,070.92 $1,593.88 $2,959.29 2 $322.70 $645.44 $968.11 $1,358.53 $1,830.83 $2,724.95 $3,233.50 3 $456.71 $913.31 $1,369.93 $1,922.37 $2,590.74 $3,856.00 $4,575.24 4 $590.72 $1,181.40 $1,772.08 $2,486.69 $3,351.28 $4,987.98 $5,918.97 6 $858.48 $1,716.96 $2,575.41 $3,613.94 $4,870.47 $7,249.07 $8,602.15 8 $1,126.34 $2,252.71 $3,379.02 $4,741.73 $6,390.29 $7,686.00 $10,259.90 EXTRA DUMP CHARGES (Collection charge for picking up an uncompacted container over the stated times per week, per collection.) Ordinance No. 9788-24 17 Fiscal Year 2025 2026 2027 2028 2029 Effective Date 10/1/2024 10/1/2025 10/1/2026 10/1/2027 10/1/2028 Size (cubic yard) 1 $45.19 $46.88 $48.64 $50.46 $52.35 2 77.28 80.18 83.19 86.31 89.55 3 109.33 113.43 117.68 122.09 126.67 4 143.16 148.53 154.10 159.88 165.88 6 206.05 213.78 221.80 230.12 238.75 8 269.69 279.80 290.29 301.18 312.47 Fiscal Year 2020 2021 2022 2023 2024 Effective Date 10/01/2019 10/01/2020 10/01/2021 10/01/2022 10/01/2023 Size (Cubic Yard) 1 $37.60 $39.01 $40.47 $41.99 $43.56 2 64.29 66.70 69.20 71.80 74.49 3 90.95 94.36 97.90 101.57 105.38 4 119.09 123.56 128.19 133.00 137.99 6 171.40 177.83 184.50 191.42 198.60 8 224.34 232.75 241.48 250.54 259.94 3. The charge for the collection and disposal of loose trash or garbage shall be as specified below: a. Disposal fees will be charged to the customer at the current market rate (i.e., the same rate at which the city is charged). b. Time charges: Effective 10/1/2024 10/1/2025 10/1/2026 10/1/2027 10/1/2028 For time on the site, up to 15 minutes $82.41 $85.50 $88.71 $92.04 $95.49 Each additional minute, after 15 minutes 5.47 5.68 5.89 6.11 6.34 Ordinance No. 9788-24 18 Effective 10/1/2019 10/1/2020 10/1/2021 10/1/2022 10/1/2023 For time on the site, up to 15 minutes $68.55 $71.12 $73.79 $76.56 $79.43 Each additional minute, after 15 minutes $4.55 $4.72 $4.90 $5.08 $5.27 4. Each single-family or multi-family dwelling customer will be allowed up to 40 cubic yards of complimentary yard/bulk waste collection per 12-month period beginning January 1st of each calendar year. 5. Only city-owned waste receptacles, utilized by commercial or industrial customers, shall be eligible for two complimentary cleanings per calendar year. Any subsequent cleaning shall incur a $100.00 per waste receptacle charge. Section 2: Appendix A, Article XXIV, Section (3)(d), Code of Ordinances, is amended as follows: XXIV. PUBLIC WORKS — FEES, RATES AND CHARGES ***** (3) Rates: ***** (d) Recycling. 1. Recovered materials dealer annual application fee (effective 10/1/2007) .....$57.50 2. Curbside recycling. a. Monthly charges for curbside service for once-weekly collection for each living unit: Effective 10/1/2024 10/1/2025 10/1/2026 10/1/2027 10/1/2028 Ordinance No. 9788-24 19 $3.64 $3.78 $3.92 $4.07 $4.22 Effective 10/1/2019 10/1/2020 10/1/2021 10/1/2022 10/1/2023 $3.03 $3.14 $3.26 $3.38 $3.51 b. Charge for replacement of recycling containers damaged due to negligence shall be the same cost that the city pays to purchase the recycling container. c. Special collection of recyclables where city staff wheels the recycling container curbside for collection, on behalf of the customer, shall be twice the curbside recycling charge. d. Service outside of the municipal limits. Accounts outside the city limits shall be 125 percent of the city's monthly charges for curbside service for once weekly collection for each unit 3. Multi-family recycling. Monthly charges for once-weekly collection of recyclables at each multi-family complex, per living unit: Effective 10/1/2024 10/1/2025 10/1/2026 10/1/2027 10/1/2028 $2.71 $2.81 $2.92 $3.03 $3.14 Effective 10/1/2019 10/1/2020 10/1/2021 10/1/2022 10/1/2023 $2.26 $2.34 $2.43 $2.52 $2.61 4. Commercial recycling. a. Service with commercial container (uncompacted). i. Cardboard recycling: Fiscal Year 2025 Ordinance No. 9788-24 20 Effective 10/1/2024 Size Times per Week Pickup (cubic yard) 1 2 3 4 5 2 $41.09 $75.05 $110.87 $150.11 $199.81 3 53.14 97.08 141.04 193.95 258.55 4 63.84 117.77 171.74 236.99 315.97 6 86.32 160.25 234.17 323.59 431.80 8 109.00 202.92 296.84 410.46 547.95 Fiscal Year 2026 Effective 10/1/2025 Size Times per Week Pickup (cubic yard) 1 2 3 4 5 2 $42.63 $77.86 $115.03 $155.74 $207.30 3 55.13 100.72 146.33 201.22 268.25 4 66.23 122.19 178.18 245.88 327.82 6 89.56 166.26 242.95 335.72 447.99 8 113.09 210.53 307.97 425.85 568.50 Fiscal Year 2027 Effective 10/1/2026 Size Times per Week Pickup (cubic yard) 1 2 3 4 5 2 $44.23 $80.78 $119.34 $161.58 $215.07 3 57.20 104.50 151.82 208.77 278.31 4 68.71 126.77 184.86 255.10 340.11 6 92.92 172.49 252.06 348.31 464.79 8 117.33 218.42 319.52 441.82 589.82 Fiscal Year 2028 Effective 10/1/2027 Size Times per Week Pickup Ordinance No. 9788-24 21 (cubic yard) 1 2 3 4 5 2 $45.89 $83.81 $123.82 $167.64 $223.14 3 59.35 108.42 157.51 216.60 288.75 4 71.29 131.52 191.79 264.67 352.86 6 96.40 178.96 261.51 361.37 482.22 8 121.73 226.61 331.50 458.39 611.94 Fiscal Year 2029 Effective 10/1/2028 Size Times per Week Pickup (cubic yard) 1 2 3 4 5 2 $47.61 $86.95 $128.46 $173.93 $231.51 3 61.58 112.49 163.42 224.72 299.58 4 73.96 136.45 198.98 274.60 366.09 6 100.02 185.67 271.32 374.92 500.30 8 126.29 235.11 343.93 475.58 634.89 Fiscal Year 2020 Effective Date 10/1/2019 Size Times per Week Pickup (cubic yard) 1 2 3 4 5 2 $34.18 $62.44 $92.23 $124.87 $166.22 3 44.21 80.76 117.33 161.34 215.07 4 53.11 97.98 142.86 197.14 262.84 6 71.81 133.31 194.80 269.19 359.20 8 90.67 168.81 246.93 341.46 355.83 Fiscal Year 2021 Effective Date 10/1/2020 Size Times per Week Pickup (cubic yard) 1 2 3 4 5 2 $5.46 $64.78 $95.69 $129.55 $172.45 Ordinance No. 9788-24 22 3 45.87 83.79 121.73 167.39 223.14 4 55.10 101.65 148.22 204.53 272.70 6 74.50 138.31 202.11 279.28 372.67 8 94.07 175.14 256.19 354.26 472.92 Fiscal Year 2022 Effective Date 10/1/2021 Size Times per Week Pickup (cubic yard) 1 2 3 4 5 2 $36.79 $67.21 $99.28 $134.41 $178.92 3 47.59 86.93 126.29 173.67 231.51 4 57.17 105.46 153.78 212.20 282.93 6 77.29 143.50 209.69 289.75 386.65 8 97.60 181.71 265.80 367.54 490.65 Fiscal Year 2023 Effective Date 10/1/2022 Size Times per Week Pickup (cubic yard) 1 2 3 4 5 2 $38.17 $69.73 $103.00 $139.45 $185.63 3 49.37 90.19 131.03 180.18 240.19 4 59.31 109.41 159.55 220.16 293.54 6 80.19 148.88 217.55 300.62 401.15 8 101.26 188.52 275.77 381.32 509.05 Fiscal Year 2024 Effective Date 10/1/2023 Size Times per Week Pickup (cubic yard) 1 2 3 4 5 2 $39.60 $72.34 $106.86 $144.68 $192.59 3 51.22 93.57 135.94 186.94 249.20 4 61.53 113.51 165.53 228.42 304.55 6 83.20 154.46 225.71 311.89 416.19 8 105.06 195.59 286.11 395.62 528.14 Ordinance No. 9788-24 23 ii. Mixed recycling (single stream): Fiscal Year 2025 Effective 10/1/2024 Size Times per Week Pickup (cubic yard) 1 2 3 4 5 2 $57.50 $105.06 $155.22 $210.16 $279.73 3 74.41 135.94 197.46 271.54 361.96 4 89.38 164.91 240.42 331.76 442.33 6 120.85 224.35 327.85 453.01 604.53 8 152.60 284.09 415.56 574.65 767.13 Fiscal Year 2026 Effective 10/1/2025 Size Times per Week Pickup (cubic yard) 1 2 3 4 5 2 $59.66 $109.00 $161.04 $218.04 $290.22 3 77.20 141.04 204.86 281.72 375.53 4 92.73 171.09 249.44 344.20 458.92 6 125.38 232.76 340.14 470.00 627.20 8 158.32 294.74 431.14 596.20 795.90 Fiscal Year 2027 Effective 10/1/2026 Size Times per Week Pickup (cubic yard) 1 2 3 4 5 2 $61.90 $113.09 $167.08 $226.22 $301.10 3 80.10 146.33 212.54 292.28 389.61 4 96.21 177.51 258.79 357.11 476.13 6 130.08 241.49 352.90 487.63 650.72 8 164.26 305.79 447.31 618.56 825.75 Ordinance No. 9788-24 24 Fiscal Year 2028 Effective 10/1/2027 Size Times per Week Pickup (cubic yard) 1 2 3 4 5 2 $64.22 $117.33 $173.35 $234.70 $312.39 3 83.10 151.82 220.51 303.24 404.22 4 99.82 184.17 268.49 370.50 493.98 6 134.96 250.55 366.13 505.92 675.12 8 170.42 317.26 464.08 641.76 856.72 Fiscal Year 2029 Effective 10/1/2028 Size Times per Week Pickup (cubic yard) 1 2 3 4 5 2 $66.63 $121.73 $179.85 $243.50 $324.10 3 86.22 157.51 228.78 314.61 419.38 4 103.56 191.08 278.56 384.39 512.50 6 140.02 259.95 379.86 524.89 700.44 8 176.81 329.16 481.48 665.83 888.85 Fiscal Year 2020 Effective Date 10/1/2019 Size Times per Week Pickup (cubic yard) 1 2 3 4 5 2 $47.84 $87.39 $129.13 $174.82 $232.70 3 61.90 113.09 164.26 225.89 301.11 4 74.36 137.18 200.00 275.98 367.96 6 100.53 186.63 272.73 376.86 502.89 8 126.94 236.33 345.70 478.03 638.15 Fiscal Year 2021 Effective Date 10/1/2020 Size Times per Week Pickup Ordinance No. 9788-24 25 (cubic yard) 1 2 3 4 5 2 $49.63 $90.67 $133.97 $181.38 $241.43 3 64.22 117.33 170.42 234.36 312.40 4 77.15 142.32 207.50 286.33 381.76 6 104.30 193.63 282.96 390.99 521.75 8 131.70 245.19 358.66 495.96 562.08 Fiscal Year 2022 Effective Date 10/1/2021 Size Times per Week Pickup (cubic yard) 1 2 3 4 5 2 $51.49 $94.07 $138.99 $188.18 $250.48 3 66.63 121.73 176.81 243.15 324.12 4 80.04 147.66 215.28 297.07 396.08 6 108.21 200.89 293.57 405.65 541.32 8 136.64 254.38 372.11 514.56 686.91 Fiscal Year 2023 Effective Date 10/1/2022 Size Times per Week Pickup (cubic yard) 1 2 3 4 5 2 $53.42 $97.60 $144.20 $195.24 $259.87 3 69.13 126.29 183.44 252.27 336.27 4 83.04 153.20 223.35 308.21 410.93 6 112.27 208.42 304.58 420.86 561.62 8 141.76 263.92 386.06 533.86 712.67 Fiscal Year 2024 Effective Date 10/1/2023 Size Times per Week Pickup (cubic yard) 1 2 3 4 5 Ordinance No. 9788-24 26 2 $55.42 $101.26 $149.61 $202.56 $269.62 3 71.72 131.03 190.32 261.73 348.88 4 86.15 158.95 231.73 319.77 426.34 6 116.48 216.24 316.00 436.64 582.68 8 147.08 273.82 400.54 553.88 739.40 b. Service with semi-automated carts. i. Cluster of 1, 2, 3 or 4 carts with once-weekly collection: Fiscal Year Beginning 10/1/2024 10/1/2025 10/1/2026 10/1/2027 10/1/2028 $46.66 $48.41 $50.23 $52.11 $54.06 Fiscal Year Beginning 10/1/2019 10/1/2020 10/1/2021 10/1/2022 10/1/2023 $38.80 $40.26 $41.77 $43.34 $44.97 ii. Each additional cluster: Fiscal Year Beginning 10/1/2024 10/1/2025 10/1/2026 10/1/2027 10/1/2028 $46.66 $48.41 $50.23 $52.11 $54.06 Fiscal Year Beginning 10/1/2019 10/1/2020 10/1/2021 10/1/2022 10/1/2023 $38.80 $40.26 $41.77 $43.34 $44.97 ***** Section 3: Appendix A, Article XXIV, Section 5, Code of Ordinances, is amended as follows: XXIV. PUBLIC WORKS — FEES, RATES AND CHARGES ***** (5) Other miscellaneous charges: Ordinance No. 9788-24 27 ***** (b) Solid waste roll-off container or waste receptacle service: (i) Private service fees: 1. Permit fee to place or service containers or waste receptacles (§ 32.292(3)), (effective 10/1/2007) .....$56.50 2. Monthly fee of 15 percent of the gross revenue billed by permittee for the installation, pull, disposal or any servicing of roll-off containers or waste receptacles within the city for the preceding month installed permanently or temporarily. For the purposes of this section gross revenues shall include but not be limited to fuel surcharge, overweight or any other charges excluding penalty and/or late charges. (§ 32.293(4)(b)). (ii) Public service fees: 1. Monthly fee of 15 percent of the gross revenue billed by the city for the installation, pull, disposal or any servicing of roll-off containers or waste receptacles within the city for the preceding month installed permanently or temporarily. For the purposes of this section, gross revenues shall include but not be limited to fuel surcharge, overweight or any other charges excluding penalty and/or late charges. 2. Pull charges. A pull being the hauling, dumping and returning of a roll-off container or compactor for one round trip: In the City of Clearwater Roll-Off or Compactor Size Effective 10/1/2024 10/1/2025 10/1/2026 10/1/2027 10/1/2028 10 or 20 yard, per pull $170.13 $176.51 $183.13 $190.00 $197.13 30 yard, per pull 178.21 184.89 191.82 199.01 206.47 40 yard, per pull 186.35 193.34 200.59 208.11 215.91 Ordinance No. 9788-24 28 Roll-Off or Compactor Size Effective 10/1/2019 Effective 10/1/2020 Effective 10/1/2021 Effective 10/1/2022 Effective 10/1/2023 10 or 20 yard, per pull $141.52 $146.83 $152.34 $158.05 $163.98 30 yard, per pull $148.25 $153.81 $159.58 $165.56 $171.77 40 yard, per pull $155.02 $160.83 $166.86 $173.12 $179.61 Outside the City Limits of Clearwater and within Pinellas County Roll-Off or Compactor Size Effective 10/1/2024 10/1/2025 10/1/2026 10/1/2027 10/1/2028 10 or 20 yard, per pull $199.04 $206.50 $214.24 $222.27 $230.61 30 yard, per pull 208.50 216.32 224.43 232.85 241.58 40 yard, per pull 218.02 226.20 234.68 243.48 252.61 Roll-Off or Compactor Size Effective 10/1/2019 Effective 10/1/2020 Effective 10/1/2021 Effective 10/1/2022 Effective 10/1/2023 10 or 20 yard, per pull $165.59 $171.80 $178.24 $184.82 $191.85 30 yard, per pull $173.45 $179.95 $186.70 $193.70 $200.96 40 yard, per pull $181.36 $188.16 $195.22 $202.54 $210.14 3. Deposits. a. Roll-off container/and or waste receptacle. A $400.00 deposit may be charged for each roll-off and/or waste receptacle. Service charges will be assessed against the deposit until it is insufficient to cover the next pull and disposal bill. At that time the customer will be required to make Ordinance No. 9788-24 29 a payment on account or replenish the deposit in order to cover the next service billing. b. The initial deposit may be set at less than the normal $400.00 upon providing satisfactory credit worthiness and approval by the director of solid waste/general services or designee. 4. Billing. Roll-off containers and/or waste receptacle service will be billed for a combination of the pull charge, disposal fee and any other services rendered. 5. Other service charges. a. Rental: per day rental charge will be assessed for containers not pulled and dumped a minimum of once each month. Daily rental charge Effective Effective Effective Effective Effective 10/1/2024 10/1/2025 10/1/2026 10/1/2027 10/1/2028 $6.95 $7.21 $7.48 $7.76 $8.05 Daily rental charge Effective 10/1/2019 Effective 10/1/2020 Effective 10/1/2021 Effective 10/1/2022 Effective 10/1/2023 $5.78 $6.00 $6.22 $6.46 $6.70 b. Overload charge for any container loaded above the rim (effective 10/1/2007) .....$56.50 c. Damage. Damage to container will be assessed at actual cost of repair. d. Enforcement. Any charges assessed against a city roll-off vehicle for overweight or overloading will be paid by the customer to whom the container service is provided. e. Malfunction. Containers that are damaged and/or not maintained properly and cannot be dumped will be returned to the owner for repair and a pull charge assessed for the trip. Ordinance No. 9788-24 30 After repair, a second pull charge will be assessed for the pull along disposal fee and other appropriate charges. f. Premium service. Any roll-off container or waste receptacle service required after duty hours or on weekends or holidays where overtime must be paid will be billed to the customer at time and one-half or 150 percent of the established charge. g. Placement or retrieval. A charge equal to its respective pull fee will be assessed for the placement or retrieval of a container requested and not used. h. Lease and service rates. Lease and service rates for compactors will be based upon the size, type and installation requirements of the compactor as determined by the director of solid waste/general services. ***** Coding: Words in strikeout type are deletions from existing text. Words in underline type are additions. Section 4: Should any of the clauses, sentences, paragraphs, sections, or parts of this Ordinance be deemed invalid, unconstitutional, or unenforceable by a court of law or administrative agency with jurisdiction over the matter, such action shall not be construed to affect any other valid portion of this Ordinance. Section 5: This Ordinance shall become effective immediately upon adoption by City Council. PASSED ON FIRST READING ____________________ PASSED ON SECOND AND FINAL ____________________ READING AND ADOPTED Ordinance No. 9788-24 31 ___________________________ Bruce Rector Mayor Approved as to form: Attest: __________________________ ____________________________ Owen Kohler Rosemarie Call Lead Assistant City Attorney City Clerk City of Clearwater, FL FY 2024 Solid Waste & Recycling Revenue Sufficiency Analysis – Final Report August 20, 2024 August 20, 2024 Mr. Jay Ravins Finance Director City of Clearwater 100 S. Myrtle Avenue Clearwater, FL 33756 Re: FY 2024 Solid Waste & Recycling Revenue Sufficiency Analysis – Final Report Dear Mr. Ravins, Stantec Consulting Services Inc. is pleased to present this Final Report of the FY 2024 Solid Waste & Recycling Revenue Sufficiency Analysis that we have completed for the City of Clearwater, Florida (City) and its Solid Waste/Recycling Department. We appreciate the excellent assistance provided by you and all the members of City staff who participated in this Study. If you or others at the City have any questions, please do not hesitate to call me at (813) 269-6010 or reach me by email at leticia.doohaluk@stantec.com. We appreciate the opportunity to be of service to the City and look forward to working with you again in the near future. Sincerely, Leticia Doohaluk Senior Manager 777 S Harbour Island Boulevard, Suite 600 Tampa, FL 33602 Leticia.Doohaluk@stantec.com Enclosure City of Clearwater | FY 2024 Solid Waste & Recycling Revenue Sufficiency Analysis Stantec | 1 TABLE OF CONTENTS Introduction ........................................................................................................... 2 Background ................................................................................................................................. 2 Objectives ................................................................................................................................... 2 Revenue Sufficiency Analysis ............................................................................. 3 Source Data & Assumptions ....................................................................................................... 3 2.1.1 Beginning Fund Balances .................................................................................................... 3 2.1.2 Revenues ............................................................................................................................. 3 2.1.3 Interest Earnings .................................................................................................................. 4 2.1.4 Operating Expenditures ....................................................................................................... 4 2.1.5 Cost Escalation .................................................................................................................... 4 2.1.6 Payment in Lieu of Taxes (PILOT) ...................................................................................... 4 2.1.7 Pinellas County Dumping Fee ............................................................................................. 4 2.1.8 Transfer Station Upgrade .................................................................................................... 5 2.1.9 Capital Improvement Program ............................................................................................. 5 2.1.10 Customer Growth ............................................................................................................... 5 2.1.11 Minimum Reserve Policy ................................................................................................... 6 Conclusion & Recommendations ................................................................................................ 6 Residential Solid Waste & Recycling Fee Survey ............................................ 10 Appendix: Supporting Financial Schedules ............................................................. 12 1. Introduction City of Clearwater | FY 2024 Solid Waste & Recycling Revenue Sufficiency Analysis Stantec | 2 INTRODUCTION Stantec Consulting Services Inc. (Stantec) has conducted the FY 2024 Solid Waste & Recycling Revenue Sufficiency Analysis (RSA) for the City of Clearwater’s Solid Waste and Recycling Enterprise Fund (Utility or Fund). This report describes the objectives, data, and assumptions, as well as the conclusions and recommendations of the RSA. BACKGROUND The City regularly retains Stantec to evaluate the sufficiency of the revenues provided by the City’s current solid waste and recycling charges to meet the projected cost requirements of the Utility. In 2019, Stantec completed a Revenue Sufficiency Analysis update to the FY 2017 RSA. The FY 2019 RSA recommended annual rate adjustments of 3.75%, which were approved by City Council as a 5-year plan of annual rate increases through FY 2024. In the spring of 2021, Stantec completed the FY 2021 RSA, which confirmed the adequacy of the 3.75% increase thru FY 2024. In the spring of 2024, after the last 3.75% rate increase was implemented, the City again engaged Stantec to perform a new revenue sufficiency analysis and identify a new level of multi-year rate adjustments that will meet projected cost requirements of the Solid Waste & Recycling Utility. OBJECTIVES The principal objectives of this FY 2024 RSA Study were as follows: Conduct a Revenue Sufficiency Analysis – To evaluate the sufficiency of current solid waste and recycling service revenues to generate the level of revenues necessary to satisfy the Utility’s projected requirements through FY 2034, including 1) operating expenses, 2) capital improvement program (CIP) costs and 3) adequate operating reserves; and develop a level plan of future rate revenue adjustments that will satisfy these projected requirements during each year of the 5-year planning period and the 10-year forecast. Conduct a Residential Solid Waste and Recycling Fee Survey – That compares the City’s residential monthly solid waste and recycling fees to other solid waste and recycling services in the City’s surrounding geographic area. 2. Revenue Sufficiency Analysis City of Clearwater | FY 2024 Solid Waste & Recycling Revenue Sufficiency Analysis Stantec | 3 REVENUE SUFFICIENCY ANALYSIS This section presents the financial management plan developed and described herein, which includes the source data and assumptions, as well as conclusions and recommendations of the RSA. The Appendix includes detailed supporting schedules regarding the financial management plan presented in this report. SOURCE DATA & ASSUMPTIONS The following key assumptions were relied upon for the purposes of this analysis: 2.1.1 Beginning Fund Balances The FY 2023 Comprehensive Annual Financial Report Statement of Net Position and supporting trial balance schedules provided by City staff were used to establish the beginning FY 2024 fund balances of the Fund as of October 1, 2023. It is important to note that funds reserved or encumbered for specific capital projects were included in the beginning fund balances and the associated capital project costs were also included in the capital improvement program. 2.1.2 Revenues Fund revenues consist of solid waste and recycling service revenues, miscellaneous operating revenues, other non-operating revenues, and interest earnings. FY 2024 projected solid waste and recycling revenues reflect the average of FY 2022 and FY 2023 receipts, adjusted for a 3.75% rate increase effective at the beginning of FY 2024 (10/1/2023) and an assumed change in accounts. However, FY 2024 projected recycling revenues reflect only 6 months of revenues (April 2024 thru September 2024), because recycling fees were waived for October 2023 thru March 2024, per direction of City Council. As such, recycling revenues for FY 2025 reflect a one-time adjustment to include a full 12 months of revenues. Each year thereafter, both solid waste and recycling fee revenues are adjusted per assumed annual rate increases as presented on Schedules 3 and 7 of the Appendix and projected change in accounts presented on Schedules 1 and 3 of the Appendix. The FY 2024 Budget serves as the basis for most other operating and non-operating revenue projections with a few exceptions. Contractor collect fee revenues are directly correlated with roll-off revenues per discussion with staff. As such, the projection of contractor collect fees are adjusted annually based on assumed annual changes in roll-off accounts as presented on Schedule 1 of the Appendix. Moreover, the commercial sale of recyclables includes revenues from cardboards and metals, both of which experience large variability in pricing. As such, revenues reflect guidance provided by City staff. 2. Revenue Sufficiency Analysis City of Clearwater | FY 2024 Solid Waste & Recycling Revenue Sufficiency Analysis Stantec | 4 2.1.3 Interest Earnings Annual interest earnings in each year of the projection were calculated based upon projected average annual fund balances and assumed annual interest rates. Projected annual fund balances include funds dedicated to capital improvements. Interest rate assumptions were provided by City staff and reflect a rate of 2.25% in FY 2024 thru the remainder of the projection period. Annual projected interest earnings are presented in Schedule 3 of the Appendix 2.1.4 Operating Expenditures The Fund’s operating expenditures include all operating and maintenance (O&M) expenses, debt service on the lease purchase program, interim financing costs, and inter-fund transfers, including payment in lieu of taxes (PILOT). The RSA based the operating expenditure projections on the individual expense categories and amounts contained in the FY 2024 Budget. Starting in FY 2025, each expense line item is adjusted annually based upon assumed future cost escalation factors discussed in Section 2.1.5 of this report. A complete list of all projected operating expenditures is presented in Schedule 4 of the Appendix. 2.1.5 Cost Escalation Annual cost escalation factors for the various types of operating expenses were developed in collaboration with City staff. In general, all of the operating expenses, with the exception of pension plan expenditures, are projected to track with overall inflation patterns, and most other expenditure line items are projected to increase at annual rates of 3.00% to 8.00%. The employee pension plan expenditures are calculated as a percentage of salaries and wages in each year. The specific escalation factors assumed for the various categories of expenses are presented on Schedule 5 of the Appendix. 2.1.6 Payment in Lieu of Taxes (PILOT) The FY 2024 payment in lieu of taxes reflects the FY 2024 Budget as provided by City staff. Per City policy, the annual calculation of PILOT is based upon 5.5% of the prior year’s audited total operating revenues. Given a delay in audited results, these transfers are calculated based on a two fiscal year lag. Thus, FY 2025 reflects 5.5% of actual FY 2023 operating revenues, FY 2026 reflects 5.5% of FY 2024 projected operating revenue, FY 2027 reflects 5.5% of FY 2025 projected operating revenues, so on and so forth through the projection period. The total annual payments allocated by the department are presented in Schedule 4 of the Appendix. 2.1.7 Pinellas County Dumping Fee The waste collected by the City and throughout the City is dumped, or tipped, at the Pinellas County Solid Waste Facility (PCSW) and the County charges the City a dump/tip fee per ton to receive that waste. In FY 2021, the County adopted a 6.00% annual increase to its tipping fee, effective through FY 2023. Per discussion with staff, latest guidance provided by the County to City staff, and current market dynamics 2. Revenue Sufficiency Analysis City of Clearwater | FY 2024 Solid Waste & Recycling Revenue Sufficiency Analysis Stantec | 5 around the costs of operating waste disposal sites, as well as increased global concern with waste disposal and its impacts on the environment, the analysis assumes that annual adjustment will increase be 7.8% in FY 2025 and 2026 and 8.00% in FY 2027, continuing at that level throughout the remainder of the projection period. Notably, these charges represent approximately 20% of the Utility’s O&M expenses in FY 2024. 2.1.8 Transfer Station Upgrade The City’s solid waste transfer station upgrade was completed in FY2020. The City received interim financing for the transfer station upgrade that requires an annual interim financing repayment of $396,810 for ten years, which began in FY 2019. These payments are reflected in the financial management plan ending after FY 2028 and can be found in Schedule 4 of the Appendix. 2.1.9 Capital Improvement Program The Capital Improvement Program (CIP) was provided by City staff through FY 2030. The CIP includes a Solid Waste Admin Complex Rebuild project, as well as other ongoing renewal and replacement projects. Starting in FY 2031 this analysis assumes a recurring level of ongoing renewal and replacement needs based on input from City staff. In total, the assumed CIP spending for FY 2024 through FY 2034 is approximately $28.2 million (in current day dollars). It is important to note that starting in FY 2025, the RSA includes an annual cost inflation factor of 3.0% applied to the CIP project costs to account for the inflation in the future cost of construction. A full list of the cash funded capital projects is presented on Schedule 6 of the Appendix. 2.1.10 Customer Growth Customer growth projections (future expectations) were based upon a review of historical data and input from City staff. For purposes of this analysis, the City believes that the service area is built out and the potential for new solid waste and recycling accounts is rather limited. As such, an assumption of 0.10% growth in accounts each year was applied to solid waste and recycling services thru FY 2028. In addition to solid waste and recycling, the City’s fee revenues include roll-off service revenues. In the last three to five years, the Fund experienced a high demand for roll-off services as large development projects throughout the City were still underway and revenue receipts from these past few years reflect historical highs. As portions of this large development have been completed, City staff expects a reduction to roll-off revenues. As such, the analysis reflects roll-off revenue reductions of 5.0% per year starting in FY 2024 per discussion with City staff. 2. Revenue Sufficiency Analysis City of Clearwater | FY 2024 Solid Waste & Recycling Revenue Sufficiency Analysis Stantec | 6 2.1.11 Minimum Reserve Policy Reserve balances for enterprise funds are funds set aside for a specific cash flow requirement, financial need, project(s), task, or legal covenant. The level of reserves maintained by an enterprise fund is an important component and consideration of developing a multi-year financial management plan. Many enterprise funds place significant emphasis on having sufficient reserves available for potentially adverse conditions. The rationale related to the maintenance of adequate reserves is twofold. First, it helps to assure an enterprise fund that it will have adequate funds available to meet its financial obligations during unusual periods (i.e. when revenues are unusually low and/or expenditures are unusually high). Second, it provides funds that can be used for emergency repairs or replacements, including those stemming from major storm events or from red tide events, which require additional cleanup efforts at the beaches of Clearwater. Based upon Stantec’s industry experience, efficient enterprise funds often target a minimum operating reserve in the range of 3 – 12 months of annual O&M expenses, depending on other reserve funds and practices, local economic conditions and other financial management policies and procedures. For the City of Clearwater, the RSA reflects a minimum operating reserve target equal to six months of O&M expenses. This objective is generally not established as a strict minimum, as many factors could create circumstances under which a utility may elect to allow fund balances below that target for a defined period of time. Given the projections discussed herein, existing operating reserves will be maintained in excess of the six months target throughout the 5-year planning period (FY 2024 thru FY 2029) but are projected to fall below that target by FY 2034, as shown by the Operating Fund chart below. This is because projected expenses (Cash Out) starting in FY 2030 outpace projected revenues (Cash In) forcing the Fund to use reserves, as shown by the Revenues vs. Expenses chart below. Although this projected use of reserves is an item of note as part of this RSA, it is something to be monitored as part of future RSA updates. CONCLUSION & RECOMMENDATIONS As previously stated, the FY 2021 RSA (Prior RSA or FY 21 RSA) performed by Stantec for the City confirmed the adequacy of the 3.75% revenue adjustment for FY 2022, FY 2023 and FY 2024, all of which have been implemented by the City. Since the completion of the FY 2021 RSA, the cost of goods and services have risen sharply both locally (in the Clearwater region) and broadly throughout the state of 2. Revenue Sufficiency Analysis City of Clearwater | FY 2024 Solid Waste & Recycling Revenue Sufficiency Analysis Stantec | 7 Florida and the United States. The same inflationary pressures are now expected to drive operating expenses of the Solid Waste & Recycling Fund to levels higher than those projected by the Prior RSA, as presented by the Operating Expenses Comparison chart below. The Operating Expenses Comparison chart shows that although FY 2024 operating expenses start out at almost the same level as they did in the Prior RSA for FY 2024, in every year thereafter, the costs are projected to grow faster than those projected by the Prior Study (the black surface area has a steeper slope). The 10-year weighted average operating expenses inflationary increase for the Prior RSA was 4.4% versus the current projection of 5.4%. In addition to the pressures projected to operating expenses, the Solid Waste and Recycling 10-Year Capital Improvement Program (Capital Costs) is higher by approximately $7.6M (in present day dollars), as compared to the Prior RSA. The 10-Year Capital Costs Comparison chart below, presents this information. 0 5 10 15 20 25 30 35 40 45 FY 2024 FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031MillionsOperating Expenses Comparison FY 24 RSA FY 21 RSA 0 5 10 15 20 25 30 Millions10-Year Capital Costs Comparison FY 24 RSA FY 21 RSA 2. Revenue Sufficiency Analysis City of Clearwater | FY 2024 Solid Waste & Recycling Revenue Sufficiency Analysis Stantec | 8 Despite the increases to both projected operating expenses and the 10-year capital costs of the Fund, and based upon the assumptions and data presented herein, Stantec has concluded that the extension of the 3.75% annual rate adjustments thru FY 2029 is sufficient to meet projected revenue requirements of the Solid Waste & Recycling Fund thru FY 2029. Beyond, FY 2029, however, projected expenses are expected to outpace revenues, as discussed in Section 2.1.11 of this report. Therefore, rate revenue adjustments beyond FY 2029 may need to be higher than the 3.75% recommended thru FY 2029. Although this projected use of reserves is an item of note as part of this RSA, it is something to be monitored as part of future RSA updates. The results of the Solid Waste & Recycling revenue sufficiency analysis are summarized in Figure 1 below and the recommended new 5-year plan of rate adjustments is presented in Table 2.1. Figure 1 FY 2024 RSA Solid Waste & Recycling Results Table 2.1 – Proposed 5-Year Rate Adjustments & Customer Impacts Fiscal Year 2025 2026 2027 2028 2029 Rate Adjustment 3.75% 3.75% 3.75% 3.75% 3.75% Monthly Solid Waste & Recycling Bill $39.56 $41.05 $42.59 $44.19 $45.84 $ Change $1.43 $1.49 $1.54 $1.60 $1.65 Lastly, Stantec recommends that the City continue to perform annual or biennial updates to the revenue sufficiency analysis to re-evaluate the adequacy of its solid waste & recycling fee adjustment plan. Doing so will allow for the incorporation of updated revenue and expense information, as well as changes in 2. Revenue Sufficiency Analysis City of Clearwater | FY 2024 Solid Waste & Recycling Revenue Sufficiency Analysis Stantec | 9 economic conditions, customer accounts and usage levels, regulatory requirements, and other factors that can materially affect the financial management plan. This will also ensure that the City’s Solid Waste & Recycling Fund will be able to meet its financial and operating requirements in the future and minimize rate impacts to customers from future events occurring differently than currently projected. It is important to note that the projections of future conditions underlying this analysis are not intended to be predictions. Applicable to many funds, there are multiple factors beyond the City’s control, such as weather, regulatory changes, national, regional, and local economic conditions, the rate of growth in new customers, customer reaction to rate adjustments, operating and capital cost inflation, and changes in the timing and composition of the fund’s capital improvement program, that will have material impacts on the future financial condition of the City’s fund operations. Further, the projections in this Study rely upon data and guidance provided during the course of the Study, and while the information utilized in this Study is believed to be reliable, detailed independent reviews or auditing of the data were not conducted. As a result, there will usually be differences between forecast and actual results, because events and circumstances frequently do not occur as expected, and these differences may be material. While we have no responsibility to update this report for events and circumstances occurring after the date of this report, future management actions must be informed by and adjusted to reflect future results as they occur. These comments are provided to emphasize the importance of active management informed by the actual future results of fund operations by the City. While the planning effort supported by this Study will serve to guide and inform the City in balancing future revenue and spending decisions, it is only through observation of future results that the City will be able to determine the actions required to ensure its financial and operational objectives are met. The Appendix includes detailed schedules presenting all components of the financial management plan developed for the Solid Waste & Recycling Fund. 3. Residential Solid Waste & Recycling Fee Survey City of Clearwater | FY 2024 Solid Waste & Recycling Revenue Sufficiency Analysis Stantec | 10 RESIDENTIAL SOLID WASTE & RECYCLING FEE SURVEY As part of the RSA, Stantec also performed a comparative survey of residential solid waste and recycling fees within the City’s surrounding geographic area. The survey reflects the monthly solid waste & recycling bill in effect for each community as of October 1, 2023 (FY 2024), based on information available to Stantec as of June 28, 2024. It is important to note that the bill comparisons presented in Figure 3.1 do not consider the frequency of trash and recycling pick up service or any additional sanitation services/charges implemented by each community. In other words, the level of service provided varies by community. Figure 3.1 – FY 2024 Monthly Residential Solid Waste & Recycling Fee Survey The survey demonstrates that the City’s solid waste and recycling fees are comparable to surrounding communities. Stantec expects most of the communities included in this survey to adjust rates in an upward trend in order to keep up with increasing costs of providing services and maintain appropriate levels of reserves. Although Stantec doesn’t have guidance for each entity in this survey, the average increase in fees, for FY 2025 based on publicly available data is 8.3%, which is well above the 3.75% recommended for the City of Clearwater. Disclaimer City of Clearwater | FY 2024 Solid Waste & Recycling Revenue Sufficiency Analysis Stantec | 11 Disclaimer This document was produced by Stantec Consulting Services Inc. (“Stantec”) for the City of Clearwater, FL and is based on a specific scope agreed upon by both parties. Stantec’s scope of work and services do not include serving as a “municipal advisor” for purposes of the registration requirements of the Dodd- Frank Wall Street Reform and Consumer Protection Act (2010) or the municipal advisor registration rules issued by the Securities and Exchange Commission. Stantec is not advising the City of Clearwater, FL, or any municipal entity or other person or entity, regarding municipal financial products or the issuance of municipal securities, including advice with respect to the structure, terms, or other similar matters concerning such products or issuances. In preparing this report, Stantec utilized information and data obtained from the City of Clearwater, FL or public and/or industry sources. Stantec has relied on the information and data without independent verification, except only to the extent such verification is expressly described in this document. Any projections of future conditions presented in the document are not intended as predictions, as there may be differences between forecasted and actual results, and those differences may be material. Additionally, the purpose of this document is to summarize Stantec’s analysis and findings related to this project, and it is not intended to address all aspects that may surround the subject area. Therefore, this document may have limitations, assumptions, or reliances on data that are not readily apparent on the face of it. Moreover, the reader should understand that Stantec was called on to provide judgments on a variety of critical factors that are incapable of precise measurement. As such, the use of this document and its findings by the City of Clearwater, FL should only occur after consultation with Stantec, and any use of this document and findings by any other person is done so entirely at their own risk. Appendix: Supporting Financial Schedules City of Clearwater | FY 2024 Solid Waste & Recycling Revenue Sufficiency Analysis Stantec | 12 APPENDIX: SUPPORTING FINANCIAL SCHEDULES Schedule 1 Assumptions Schedule 2 FY 2024 Beginning Balances Schedule 3 Projection of Cash Inflows Schedule 4 Projection of Cash Outflows Schedule 5 Cost Escalation Factors Schedule 6 Capital Improvement Program Schedule 7 FAMS - Control Panel Schedule 8 Pro Forma Schedule 9 Capital Project Funding Summary Schedule 10 Detailed Funding by Fund Appendix: Supporting Financial Schedules Assumptions Schedule 1 FY 2024 FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 FY 2032 FY 2033 FY 2034 Rate Increase Adoption Date 10/1/2023 10/1/2024 10/1/2025 10/1/2026 10/1/2027 10/1/2028 10/1/2029 10/1/2030 10/1/2031 10/1/2032 10/1/2033 Annual Growth Solid Waste Ending # of Accounts 30,836 30,867 30,898 30,928 30,959 30,959 30,959 30,959 30,959 30,959 30,959 Account Growth 31 31 31 31 31 - - - - - - % Change in Accounts 0.10%0.10%0.10%0.10%0.10%0.00%0.00%0.00%0.00%0.00%0.00% Roll-Off Ending # of Accounts 1,570 1,492 1,417 1,346 1,279 1,215 1,154 1,097 1,042 990 940 Account Growth (83) (79) (75) (71) (67) (64) (61) (58) (55) (52) (49) % Change in Accounts -5.00%-5.00%-5.00%-5.00%-5.00%-5.00%-5.00%-5.00%-5.00%-5.00%-5.00% Recycling Ending # of Accounts 29,247 29,276 29,306 29,335 29,364 29,364 29,364 29,364 29,364 29,364 29,364 Account Growth 29 29 29 29 29 - - - - - - % Change in Accounts 0.10%0.10%0.10%0.10%0.10%0.00%0.00%0.00%0.00%0.00%0.00% Capital Spending Annual Capital Budget (Future Year Dollars)567,495$ 1,500,354$ 628,318$ 19,837,093$ 5,854,334$ 626,877$ 614,937$ 633,385$ 652,387$ 671,958$ 692,117$ Annual Percent Executed 100%100%100%100%100%100%100%100%100%100%100% Average Annual Interest Earnings Rate On Fund Balances 2.25%2.25%2.25%2.25%2.25%2.25%2.25%2.25%2.25%2.25%2.25% Operating Budget Reserve Target (Number of Months of Reserve)6.0 6.0 6.0 6.0 6.0 6.0 6.0 6.0 6.0 6.0 6.0 Operating Budget Execution Percentage Personal Services 100%100%100%100%100%100%100%100%100%100%100% Operations and Maintenance 100%100%100%100%100%100%100%100%100%100%100% Debt Service on Lease Purchase Program 1 100%100%100%100%100%100%100%100%100%100%100% 1 Includes principal and interest for leased equipment and transfer station. City of Clearwater | FY 2024 Solid Waste Recycling Revenue Sufficiency Analysis Stantec | Appendix: Supporting Financial Schedules FY 2024 Beginning Balances Schedule 2 Revenue Fund SRTS180001 SW Transfer Station Upgrade & Retrofit C2005 Underground Refuse Program 324-M2301 SW Facility R&R 324-C2302 Rebuild SW Admin Complex Current Unrestricted Assets Cash and Cash Equivalents 48,651,944$ -$ -$ -$ -$ Accrued Interest Receivable 138,386 - - - - Accounts and Contracts Receivable (net of Allowance for Uncoll.)2,718,302 - - - - Due from Other Governments - - - - - Customer deposits - current restricted 1,368,082 - - - - 52,876,714$ -$ -$ -$ -$ Accounts and Contracts Payable (668,914)$ -$ -$ -$ -$ Accrued Payroll (165,441) - - - - Due to Other Funds (539,493) - - - - Accrued Interest Payable (42,518) - - - - Accrued Compensated Absences (246,622) - - - - Customer deposits - current restricted (1,368,082) - - - - 49,845,644$ -$ -$ -$ -$ Plus/(Less): SRTS180001 SW Transfer Station Upgrade & Retrofit (576,642)$ 576,642$ -$ -$ -$ Plus/(Less): C2005 Underground Refuse Program (444,194) - 444,194 - - Plus/(Less): 324-M2301 SW Facility R&R (185,175) - - 185,175 - Plus/(Less): 324-C2302 Rebuild SW Admin Complex (8,594,027) - - - 8,594,027 Plus/(Less): 324-C24XX New Truck Wash at Admin Complex - - - - - Available Fund Balance 40,045,605$ 576,642$ 444,194$ 185,175$ 8,594,027$ Fund Summary Revenue Fund 40,045,605$ Restricted Reserves -$ SRTS180001 SW Transfer Station Upgrade & Retrofit 576,642$ C2005 Underground Refuse Program 444,194$ 324-M2301 SW Facility R&R 185,175$ 324-C2302 Rebuild SW Admin Complex 8,594,027$ 324-C24XX New Truck Wash at Admin Complex -$ Available Fund Balance 49,845,644$ CAPITAL PROJECT SUB FUNDS City of Clearwater | FY 2024 Solid Waste Recycling Revenue Sufficiency Analysis Stantec | Appendix: Supporting Financial Schedules Schedule 3 FY 2024 FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 FY 2032 FY 2033 FY 2034 Fee Revenue Growth Assumptions Solid Waste 1 % Change in Revenue from Growth 0.10%0.10%0.10%0.10%0.10%0.00%0.00%0.00%0.00%0.00%0.00% Roll-Off 2 % Change in Revenue from Growth -5.00%-5.00%-5.00%-5.00%-5.00%-5.00%-5.00%-5.00%-5.00%-5.00%-5.00% Recycling 3 % Change in Revenue from Growth 0.10%0.10%0.10%0.10%0.10%0.00%0.00%0.00%0.00%0.00%0.00% Assumed Annual Fee Increases 4 Solid Waste 3.75%3.75%3.75%3.75%3.75%3.75%4.00%4.00%4.00%4.00%4.00% 5 Roll-Off 3.75%3.75%3.75%3.75%3.75%3.75%4.00%4.00%4.00%4.00%4.00% 6 Recycling 3.75%3.75%3.75%3.75%3.75%3.75%4.00%4.00%4.00%4.00%4.00% Fee Revenue 1 7 Solid Waste Fee Revenue 25,194,698$ 26,165,639 27,173,997 28,221,215 29,308,790 30,407,870 31,624,185 32,889,152 34,204,718 35,572,907 36,995,823 8 Roll-Off Fee Revenue 3,027,096 2,983,581 2,940,692 2,898,420 2,856,755 2,815,689 2,781,901 2,748,518 2,715,536 2,682,950 2,650,754 9 Recycling Fee Revenue 2 1,363,539 2,725,661 2,830,702 2,939,790 3,053,082 3,167,572 3,294,275 3,426,046 3,563,088 3,705,612 3,853,836 10 Total Fee Revenue 29,585,333$ 31,874,882 32,945,391 34,059,425 35,218,627 36,391,132 37,700,361 39,063,717 40,483,343 41,961,468 43,500,414 Other Operating Revenue 11 Franchise Fee Pinellas 10,000$ 10,000$ 10,000$ 10,000$ 10,000$ 10,000$ 10,000$ 10,000$ 10,000$ 10,000$ 10,000$ 12 Contractor Collect Fee 3 617,500 586,625 557,294 529,429 502,958 477,810 453,919 431,223 409,662 389,179 369,720 13 Late Payment Fee 95,000 95,000 95,000 95,000 95,000 95,000 95,000 95,000 95,000 95,000 95,000 14 Compactor Rentals 320,000 320,000 320,000 320,000 320,000 320,000 320,000 320,000 320,000 320,000 320,000 15 Gen Revenue Non-Tax 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 16 Other Licenses & Permits 350 350 350 350 350 350 350 350 350 350 350 17 Late Payment Fee 8,000 8,000 8,000 8,000 8,000 8,000 8,000 8,000 8,000 8,000 8,000 18 Sale Of Recyclables Multi-Fam 2,000 2,000 2,000 2,000 2,000 2,000 2,000 2,000 2,000 2,000 2,000 19 Sale Of Recyclables Commercial 4 125,000 125,000 125,000 125,000 125,000 125,000 125,000 125,000 125,000 125,000 125,000 20 Total Other Operating Revenue 1,178,850$ 1,147,975 1,118,644 1,090,779 1,064,308 1,039,160 1,015,269 992,573 971,012 950,529 931,070 Non-Operating Revenue 21 Other Licenses & Permits 1,000$ 1,000$ 1,000$ 1,000$ 1,000$ 1,000$ 1,000$ 1,000$ 1,000$ 1,000$ 1,000$ 22 Workers Comp Reimburse 4,000 4,000 4,000 4,000 4,000 4,000 4,000 4,000 4,000 4,000 4,000 23 Total Non-Operating Revenue 5,000$ 5,000 5,000 5,000 5,000 5,000 5,000 5,000 5,000 5,000 5,000 Interest Income 24 Unrestricted 1,137,680$ 1,187,211$ 1,232,732$ 1,057,418$ 803,747$ 751,708$ 746,262$ 723,938$ 682,537$ 620,011$ 534,183$ 25 Total Interest Income 1,137,680$ 1,187,211 1,232,732 1,057,418 803,747 751,708 746,262 723,938 682,537 620,011 534,183 26 Total Cash Inflows 31,906,863$ 34,215,068$ 35,301,767$ 36,212,622$ 37,091,682$ 38,186,999$ 39,466,893$ 40,785,228$ 42,141,892$ 43,537,008$ 44,970,667$ 4 Sale of Recyclables reflects revenues from the sale of cardboards and metals, both of which experience large variability in pricing. As such, revenues reflect guidance provided by City staff. 3 Contractor Collect Fee revenue is directly correlated to roll-off fee revenue, per input from City staff. As such, roll-off growth assumptions as shown in the "Fee Revenue Growth Assumptions" section above also apply to this revenue projection. Projection of Cash Inflows 1 FY 2024 fee revenue reflects two year average of actual FY 2022 and FY 2023 receipts, adjusted for projected account growth (as shown on Schedule 1 of this report and in the "Fee Revenue Growth Assumptions" section above) and the approved 3.75% rate increase effective 10/1/2023. Each year thereafter fee revenue is adjusted by assumed change in accounts as shown in the "Fee Revenue Growth Assumptions" section above and assumed annual rate adjustments as shown in the "Assumed Annual Fee Increases" section above. 2 City Council approved a temporary (6-months) halt of recycling fee collection for the periods of October 2023 and April 2024, which is half of Fiscal Year 2024. As such FY 2024 revenues reflect a half year and FY 2025 has been adjusted to reflect a full fiscal year as fees are projected to be collected for all 12 months of the fiscal year. City of Clearwater | FY 2024 Solid Waste Recycling Revenue Sufficiency Analysis Stantec | Appendix: Supporting Financial Schedules Projection of Cash Outflows Schedule 4 FY 2024 FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 FY 2032 FY 2033 FY 2034 Solid Waste 2082 S-W Collection-Residential Personal Services 1 510100 Full Time Salaries & Wages 2,474,531$ 2,684,866$ 2,819,109$ 2,960,065$ 3,108,068$ 3,263,472$ 3,426,645$ 3,597,977$ 3,777,876$ 3,966,770$ 4,165,109$ 2 510500 Overtime 104,000 112,840 118,482 124,406 130,626 137,158 144,016 151,216 158,777 166,716 175,052 3 520100 Life Ins $2500 Empl & Pens 18 19 20 21 23 24 26 27 29 30 32 4 520300 Samp Life Insurance 507 537 570 604 640 678 719 762 808 857 908 5 520400 Major Medical Ins-Emp 643,010 681,591 722,486 765,835 811,785 860,492 912,122 966,849 1,024,860 1,086,352 1,151,533 6 520600 Social Security-Employee 36,137 39,209 41,169 43,228 45,389 47,658 50,041 52,543 55,171 57,929 60,825 7 520700 Emp Pension Plan 181,084 209,828 220,319 231,335 242,902 255,047 267,800 281,190 295,249 310,011 325,512 8 520900 Workers Compensation 60,768 65,933 69,230 72,691 76,326 80,142 84,149 88,357 92,775 97,413 102,284 9 522000 CWA Life 8,554 9,067 9,611 10,188 10,799 11,447 12,134 12,862 13,634 14,452 15,319 10 Other Operating 11 542900 Interfd Admin Service Chg 367,490 380,352 392,714 404,495 416,630 429,129 442,003 455,263 468,921 482,988 497,478 12 543400 Printing & Binding 5,000 5,175 5,343 5,503 5,669 5,839 6,014 6,194 6,380 6,571 6,769 13 543500 Dump Fee 1,998,863 2,154,774 2,322,847 2,508,674 2,709,368 2,926,118 3,160,207 3,413,024 3,686,066 3,980,951 4,299,427 14 545100 Insurance 209,896 217,242 224,303 231,032 237,963 245,102 252,455 260,028 267,829 275,864 284,140 15 547100 Uniforms-Employee 25,000 25,875 26,716 27,517 28,343 29,193 30,069 30,971 31,900 32,857 33,843 16 547200 Travel Expense-Emp 5,100 5,279 5,450 5,614 5,782 5,955 6,134 6,318 6,508 6,703 6,904 17 550100 Office Supplies 3,000 3,105 3,206 3,302 3,401 3,503 3,608 3,717 3,828 3,943 4,061 18 Resident Refuse/Recycle Carts 125,400 129,789 134,007 138,027 142,168 146,433 150,826 155,351 160,012 164,812 169,756 19 550400 Operating Supplies & Matls 30,000 31,050 32,059 33,021 34,012 35,032 36,083 37,165 38,280 39,429 40,612 20 557100 Memberships/Subs/Lic Emp 2,300 2,381 2,458 2,532 2,608 2,686 2,766 2,849 2,935 3,023 3,114 21 557300 Training & Ref Employee 33,600 34,776 35,906 36,983 38,093 39,236 40,413 41,625 42,874 44,160 45,485 22 540100 Garage Services 3,493,070 3,667,724 3,851,110 4,043,665 4,245,848 4,458,141 4,681,048 4,915,100 5,160,855 5,418,898 5,689,843 23 540300 Telephone Service Variable 3,498 3,673 3,857 4,049 4,252 4,464 4,688 4,922 5,168 5,427 5,698 24 540500 Radio Svc-Fixed 21,960 23,058 24,211 25,421 26,693 28,027 29,429 30,900 32,445 34,067 35,771 25 540700 Postal Service 4,000 4,200 4,410 4,631 4,862 5,105 5,360 5,628 5,910 6,205 6,516 26 540900 Risk Mgmt Service 12,025 12,626 13,258 13,920 14,616 15,347 16,115 16,920 17,766 18,655 19,587 27 541000 Info Technology Charge 118,320 124,236 130,448 136,970 143,819 151,010 158,560 166,488 174,813 183,553 192,731 28 541800 Administrative Charge 276,210 290,021 304,522 319,748 335,735 352,522 370,148 388,655 408,088 428,492 449,917 29 542000 Employee Benefits-Fixed 13,057 13,710 14,395 15,115 15,871 16,664 17,498 18,373 19,291 20,256 21,268 30 Total Solid Waste 2082 S-W Collection-Residential 10,256,398$ 10,932,935$ 11,532,215$ 12,168,595$ 12,842,291$ 13,555,625$ 14,311,074$ 15,111,277$ 15,959,047$ 16,857,385$ 17,809,493$ Solid Waste 2083 S-W Collection-Commercial Personal Services 31 510100 Full Time Salaries & Wages 1,336,117$ 1,449,687$ 1,522,171$ 1,598,280$ 1,678,194$ 1,762,104$ 1,850,209$ 1,942,719$ 2,039,855$ 2,141,848$ 2,248,940$ 32 510200 Part Time Salaries & Wages 36,651 39,766 41,755 43,842 46,035 48,336 50,753 53,291 55,955 58,753 61,691 33 510500 Overtime 71,000 77,035 80,887 84,931 89,178 93,637 98,318 103,234 108,396 113,816 119,507 34 510900 Special Acting Pay 3,520 3,819 4,010 4,211 4,421 4,642 4,874 5,118 5,374 5,643 5,925 35 520100 Life Ins $2500 Empl & Pens 18 19 20 21 23 24 26 27 29 30 32 36 520300 Samp Life Insurance 521 552 585 621 658 697 739 783 830 880 933 37 520400 Major Medical Ins-Emp 341,517 362,008 383,729 406,752 431,157 457,027 484,448 513,515 544,326 576,986 611,605 38 520600 Social Security-Employee 21,723 23,569 24,748 25,985 27,285 28,649 30,081 31,585 33,165 34,823 36,564 39 520700 Emp Pension Plan 98,953 117,487 123,361 129,529 136,005 142,806 149,946 157,443 165,315 173,581 182,260 40 520900 Workers Compensation 23,377 25,364 26,632 27,964 29,362 30,830 32,372 33,990 35,690 37,474 39,348 41 522000 CWA Life 4,368 4,630 4,908 5,202 5,514 5,845 6,196 6,568 6,962 7,380 7,822 - - - - - - - - - - - Other Operating - - - - - - - - - - - 42 530300 Other Contractual Serv 10,400 10,764 11,114 11,447 11,791 12,144 12,509 12,884 13,270 13,669 14,079 43 542200 Elec-Util Charges 6,000 6,210 6,412 6,604 6,802 7,006 7,217 7,433 7,656 7,886 8,122 44 542900 Interfd Admin Service Chg 192,100 198,824 205,285 211,444 217,787 224,321 231,050 237,982 245,121 252,475 260,049 45 543200 Other Promotion Activity 60 62 64 66 68 70 72 74 77 79 81 46 543400 Printing & Binding 500 518 534 550 567 584 601 619 638 657 677 47 543500 Dump Fee 1,873,244 2,019,357 2,176,867 2,351,016 2,539,098 2,742,225 2,961,603 3,198,532 3,454,414 3,730,767 4,029,229 48 543600 Taxes 12,000 12,420 12,824 13,208 13,605 14,013 14,433 14,866 15,312 15,771 16,245 49 545100 Insurance 62,074 64,247 66,335 68,325 70,374 72,486 74,660 76,900 79,207 81,583 84,031 50 547100 Uniforms-Employee 12,000 12,420 12,824 13,208 13,605 14,013 14,433 14,866 15,312 15,771 16,245 51 547200 Travel Expense-Emp 3,350 3,467 3,580 3,687 3,798 3,912 4,029 4,150 4,275 4,403 4,535 52 550100 Office Supplies 750 776 801 826 850 876 902 929 957 986 1,015 53 550400 Operating Supplies & Matls 40,000 41,400 42,746 44,028 45,349 46,709 48,110 49,554 51,040 52,572 54,149 54 Comm Refuse FEL Container 168,245 174,134 179,793 185,187 190,742 196,465 202,359 208,429 214,682 221,123 227,756 City of Clearwater | FY 2024 Solid Waste Recycling Revenue Sufficiency Analysis Stantec | Appendix: Supporting Financial Schedules Projection of Cash Outflows Schedule 4 FY 2024 FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 FY 2032 FY 2033 FY 2034 55 557100 Memberships/Subs/Lic Emp 1,400 1,449 1,496 1,541 1,587 1,635 1,684 1,734 1,786 1,840 1,895 56 557300 Training & Ref Employee 17,400 18,009 18,594 19,152 19,727 20,318 20,928 21,556 22,203 22,869 23,555 57 Commercial Refuse Compactors 240,000 248,400 256,473 264,167 272,092 280,255 288,663 297,322 306,242 315,429 324,892 58 540100 Garage Services 961,130 1,009,187 1,059,646 1,112,628 1,168,260 1,226,672 1,288,006 1,352,406 1,420,027 1,491,028 1,565,579 59 540300 Telephone Service Variable 1,166 1,224 1,286 1,350 1,417 1,488 1,563 1,641 1,723 1,809 1,899 60 540500 Radio Svc-Fixed 7,060 7,413 7,784 8,173 8,581 9,011 9,461 9,934 10,431 10,952 11,500 61 540900 Risk Mgmt Service 6,577 6,906 7,251 7,614 7,994 8,394 8,814 9,254 9,717 10,203 10,713 62 541000 Info Technology Charge 20,270 21,284 22,348 23,465 24,638 25,870 27,164 28,522 29,948 31,445 33,018 63 542000 Employee Benefits-Fixed 7,141 7,498 7,873 8,267 8,680 9,114 9,570 10,048 10,551 11,078 11,632 - - - - - - - - - - - Capital Items - - - - - - - - - - - 64 571300 Principal-Leased Equipment 103,770 - - - - - - - - - - 65 572300 Interest-Leased Equipt 3,150 - - - - - - - - - - - - - - - - - - - - - 64 Total Solid Waste 2083 S-W Collection-Commercial 5,879,482$ 6,171,431$ 6,526,337$ 6,905,475$ 7,308,536$ 7,737,134$ 8,192,998$ 8,677,977$ 9,194,055$ 9,743,356$ 10,328,157$ Solid Waste 2084 Solid Waste Transfer Personal Services 66 510100 Full Time Salaries & Wages 631,779$ 685,480$ 719,754$ 755,742$ 793,529$ 833,205$ 874,866$ 918,609$ 964,540$ 1,012,766$ 1,063,405$ 67 510400 Special Pay 7,177 7,787 8,176 8,585 9,014 9,465 9,938 10,435 10,957 11,505 12,080 68 510500 Overtime 50,000 54,250 56,963 59,811 62,801 65,941 69,238 72,700 76,335 80,152 84,160 69 520400 Major Medical Ins-Emp 114,594 121,470 128,758 136,483 144,672 153,353 162,554 172,307 182,645 193,604 205,220 70 520600 Social Security-Employee 9,639 10,458 10,981 11,530 12,107 12,712 13,348 14,015 14,716 15,452 16,224 71 520700 Emp Pension Plan 48,391 56,064 58,867 61,810 64,901 68,146 71,553 75,131 78,887 82,832 86,973 72 520900 Workers Compensation 4,857 5,270 5,533 5,810 6,101 6,406 6,726 7,062 7,415 7,786 8,175 73 522000 CWA Life 2,002 2,122 2,249 2,384 2,527 2,679 2,840 3,010 3,191 3,382 3,585 Other Operating 74 530300 Other Contractual Serv 172,920 178,972 184,789 190,332 196,042 201,924 207,981 214,221 220,647 227,267 234,085 75 542200 Elec-Util Charges 45,000 46,575 48,089 49,531 51,017 52,548 54,124 55,748 57,420 59,143 60,917 76 542300 Gas,Water & Sanitation Utl 40,000 41,400 42,746 44,028 45,349 46,709 48,110 49,554 51,040 52,572 54,149 77 542900 Interfd Admin Service Chg 91,870 95,085 98,176 101,121 104,155 107,279 110,498 113,813 117,227 120,744 124,366 78 545100 Insurance 46,815 48,454 50,028 51,529 53,075 54,667 56,307 57,996 59,736 61,528 63,374 79 546200 Other Equip Svc & Repair 5,000 5,175 5,343 5,503 5,669 5,839 6,014 6,194 6,380 6,571 6,769 80 547100 Uniforms-Employee 4,000 4,140 4,275 4,403 4,535 4,671 4,811 4,955 5,104 5,257 5,415 81 547200 Travel Expense-Emp 2,300 2,381 2,458 2,532 2,608 2,686 2,766 2,849 2,935 3,023 3,114 82 550100 Office Supplies 250 259 267 275 283 292 301 310 319 329 338 83 550400 Operating Supplies & Matls 16,000 16,560 17,098 17,611 18,139 18,684 19,244 19,821 20,416 21,029 21,659 84 557100 Memberships/Subs/Lic Emp 1,300 1,346 1,389 1,431 1,474 1,518 1,564 1,610 1,659 1,709 1,760 85 557300 Training & Ref Employee 2,100 2,174 2,244 2,311 2,381 2,452 2,526 2,602 2,680 2,760 2,843 Internal Services 86 540100 Garage Services 621,810 652,901 685,546 719,823 755,814 793,605 833,285 874,949 918,697 964,631 1,012,863 87 540300 Telephone Service Variable 583 612 643 675 709 744 781 820 861 904 950 88 540500 Radio Svc-Fixed 6,000 6,300 6,615 6,946 7,293 7,658 8,041 8,443 8,865 9,308 9,773 89 540900 Risk Mgmt Service 2,699 2,834 2,976 3,124 3,281 3,445 3,617 3,798 3,988 4,187 4,396 90 541000 Info Technology Charge 40,250 42,263 44,376 46,594 48,924 51,370 53,939 56,636 59,468 62,441 65,563 91 541100 Bldg & Maint Dept Svc Fx 73,740 77,427 81,298 85,363 89,631 94,113 98,819 103,760 108,948 114,395 120,115 92 541200 Custodial Service 14,550 15,278 16,041 16,843 17,686 18,570 19,498 20,473 21,497 22,572 23,700 93 542000 Employee Benefits-Fixed 2,931 3,078 3,231 3,393 3,563 3,741 3,928 4,124 4,330 4,547 4,774 Debt Service 94 571500 Principal-Interfund Loans 353,300 353,300 353,300 353,300 353,300 0 0 0 0 0 0 95 572500 Interest-Interfund Loans 43,510 43,510 43,510 43,510 43,510 0 0 0 0 0 0 96 Total Solid Waste 2084 Solid Waste Transfer 2,455,367$ 2,582,922$ 2,685,719$ 2,792,336$ 2,904,089$ 2,624,421$ 2,747,217$ 2,875,947$ 3,010,904$ 3,152,396$ 3,300,747$ Solid Waste 2087 S-W Container Maintenance Personal Services 97 510100 Full Time Salaries & Wages 456,375$ 495,167$ 519,925$ 545,921$ 573,218$ 601,878$ 631,972$ 663,571$ 696,750$ 731,587$ 768,166$ 98 510500 Overtime 30,000 32,550 34,178 35,886 37,681 39,565 41,543 43,620 45,801 48,091 50,496 99 520400 Major Medical Ins-Emp 98,989 104,928 111,224 117,897 124,971 132,470 140,418 148,843 157,773 167,240 177,274 City of Clearwater | FY 2024 Solid Waste Recycling Revenue Sufficiency Analysis Stantec | Appendix: Supporting Financial Schedules Projection of Cash Outflows Schedule 4 FY 2024 FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 FY 2032 FY 2033 FY 2034 100 520600 Social Security-Employee 6,946 7,536 7,913 8,309 8,724 9,161 9,619 10,100 10,604 11,135 11,691 101 520700 Emp Pension Plan 34,923 39,579 41,558 43,636 45,817 48,108 50,514 53,039 55,691 58,476 61,400 102 520900 Workers Compensation 4,073 4,419 4,640 4,872 5,116 5,372 5,640 5,922 6,218 6,529 6,856 103 521000 Disability Insurance 241 255 271 287 304 323 342 362 384 407 432 104 522000 CWA Life 1,456 1,543 1,636 1,734 1,838 1,948 2,065 2,189 2,321 2,460 2,607 Other Operating 105 530300 Other Contractual Serv 3,240 3,353 3,462 3,566 3,673 3,783 3,897 4,014 4,134 4,258 4,386 106 542300 Gas,Water & Sanitation Utl 30,000 31,050 32,059 33,021 34,012 35,032 36,083 37,165 38,280 39,429 40,612 107 542900 Interfd Admin Service Chg 66,820 69,159 71,406 73,549 75,755 78,028 80,368 82,780 85,263 87,821 90,455 108 545100 Insurance 4,160 4,306 4,446 4,579 4,716 4,858 5,003 5,154 5,308 5,467 5,631 109 547100 Uniforms-Employee 4,500 4,658 4,809 4,953 5,102 5,255 5,412 5,575 5,742 5,914 6,092 110 547200 Travel Expense-Emp 300 311 321 330 340 350 361 372 383 394 406 111 550400 Operating Supplies & Matls 50,000 51,750 53,432 55,035 56,686 58,386 60,138 61,942 63,800 65,714 67,686 112 557100 Memberships/Subs/Lic Emp 600 621 641 660 680 701 722 743 766 789 812 113 557300 Training & Ref Employee 1,000 1,035 1,069 1,101 1,134 1,168 1,203 1,239 1,276 1,314 1,354 114 540100 Garage Services 65,410 68,681 72,115 75,720 79,506 83,482 87,656 92,038 96,640 101,472 106,546 115 540300 Telephone Service Variable 583 612 643 675 709 744 781 820 861 904 950 116 540500 Radio Svc-Fixed 3,150 3,308 3,473 3,647 3,829 4,020 4,221 4,432 4,654 4,887 5,131 117 540900 Risk Mgmt Service 1,963 2,061 2,164 2,272 2,386 2,505 2,631 2,762 2,900 3,045 3,198 118 541000 Info Technology Charge 14,110 14,816 15,556 16,334 17,151 18,008 18,909 19,854 20,847 21,889 22,984 119 542000 Employee Benefits-Fixed 2,132 2,239 2,351 2,468 2,591 2,721 2,857 3,000 3,150 3,307 3,473 120 Total Solid Waste 2087 S-W Container Maintenance 880,971$ 943,936$ 989,290$ 1,036,453$ 1,085,939$ 1,137,865$ 1,192,355$ 1,249,537$ 1,309,548$ 1,372,531$ 1,438,637$ Solid Waste 2088 Solid Waste Administration Personal Services 121 510100 Full Time Salaries & Wages 614,326$ 666,544$ 699,871$ 734,864$ 771,608$ 810,188$ 850,697$ 893,232$ 937,894$ 984,789$ 1,034,028$ 122 510500 Overtime 3,000 3,255 3,418 3,589 3,768 3,956 4,154 4,362 4,580 4,809 5,050 123 Special Acting Pay 2,016 2,187 2,297 2,412 2,532 2,659 2,792 2,931 3,078 3,232 3,393 124 520100 Life Ins $2500 Empl & Pens 54 57 61 64 68 72 77 81 86 91 97 125 520300 Samp Life Insurance 1,682 1,783 1,890 2,003 2,123 2,251 2,386 2,529 2,681 2,842 3,012 126 520400 Major Medical Ins-Emp 59,560 63,134 66,922 70,937 75,193 79,705 84,487 89,556 94,930 100,625 106,663 127 520600 Social Security-Employee 26,176 28,401 29,821 31,312 32,878 34,522 36,248 38,060 39,963 41,961 44,059 128 520700 Emp Pension Plan 23,543 50,235 52,747 55,384 58,153 61,061 64,114 67,320 70,686 74,220 77,931 129 520900 Workers Compensation 2,746 2,979 3,128 3,285 3,449 3,621 3,803 3,993 4,192 4,402 4,622 130 521000 Disability Insurance 604 640 679 719 763 808 857 908 963 1,020 1,082 131 522000 CWA Life 364 386 409 434 460 487 516 547 580 615 652 Other Operating 132 530100 Professional Services 187,440 198,686 210,608 223,244 236,639 250,837 265,887 281,840 298,751 316,676 335,676 133 530300 Other Contractual Serv 10,600 10,971 11,328 11,667 12,017 12,378 12,749 13,132 13,526 13,931 14,349 134 542200 Elec-Util Charges 15,400 15,939 16,457 16,951 17,459 17,983 18,523 19,078 19,651 20,240 20,847 135 542300 Gas,Water & Sanitation Utl 30,000 31,050 32,059 33,021 34,012 35,032 36,083 37,165 38,280 39,429 40,612 136 542500 Postage 100 104 107 110 113 117 120 124 128 131 135 137 542700 Interfd Svc Chg-Other Fund 5,090 5,268 5,439 5,603 5,771 5,944 6,122 6,306 6,495 6,690 6,890 138 542800 Interfd Other Serv Chgs 81,820 84,684 87,436 90,059 92,761 95,544 98,410 101,362 104,403 107,535 110,761 139 542900 Interfd Admin Service Chg 50,110 51,864 53,549 55,156 56,811 58,515 60,270 62,078 63,941 65,859 67,835 140 543200 Other Promotion Activity 1,000 1,035 1,069 1,101 1,134 1,168 1,203 1,239 1,276 1,314 1,354 141 543400 Printing & Binding 1,000 1,035 1,069 1,101 1,134 1,168 1,203 1,239 1,276 1,314 1,354 142 544100 Equipt Rental 2,000 2,070 2,137 2,201 2,267 2,335 2,406 2,478 2,552 2,629 2,707 143 545100 Insurance 10,987 11,372 11,741 12,093 12,456 12,830 13,215 13,611 14,020 14,440 14,873 144 547100 Uniforms-Employee 5,000 5,175 5,343 5,503 5,669 5,839 6,014 6,194 6,380 6,571 6,769 145 547200 Travel Expense-Emp 14,350 14,852 15,335 15,795 16,269 16,757 17,260 17,777 18,311 18,860 19,426 146 547300 Mileage Reimbursement 400 414 427 440 453 467 481 496 510 526 541 147 550100 Office Supplies 1,500 1,553 1,603 1,651 1,701 1,752 1,804 1,858 1,914 1,971 2,031 148 550400 Operating Supplies & Matls 5,000 5,175 5,343 5,503 5,669 5,839 6,014 6,194 6,380 6,571 6,769 149 557100 Memberships/Subs/Lic Emp 9,690 10,029 10,355 10,666 10,986 11,315 11,655 12,004 12,365 12,735 13,118 150 557200 Officl Recognition-Emp 6,600 6,831 7,053 7,265 7,483 7,707 7,938 8,176 8,422 8,674 8,935 151 557300 Training & Ref Employee 16,750 17,336 17,900 18,437 18,990 19,559 20,146 20,751 21,373 22,014 22,675 Internal Services 152 540100 Garage Services 2,470 2,594 2,723 2,859 3,002 3,152 3,310 3,476 3,649 3,832 4,023 City of Clearwater | FY 2024 Solid Waste Recycling Revenue Sufficiency Analysis Stantec | Appendix: Supporting Financial Schedules Projection of Cash Outflows Schedule 4 FY 2024 FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 FY 2032 FY 2033 FY 2034 153 540300 Telephone Service Variable 3,498 3,673 3,857 4,049 4,252 4,464 4,688 4,922 5,168 5,427 5,698 154 540400 Messenger Service 1,485 1,559 1,637 1,719 1,805 1,895 1,990 2,090 2,194 2,304 2,419 155 540500 Radio Svc-Fixed 3,830 4,022 4,223 4,434 4,655 4,888 5,133 5,389 5,659 5,942 6,239 156 540900 Risk Mgmt Service 1,644 1,726 1,813 1,903 1,998 2,098 2,203 2,313 2,429 2,550 2,678 157 541000 Info Technology Charge 50,230 52,742 55,379 58,148 61,055 64,108 67,313 70,679 74,213 77,923 81,819 158 541100 Bldg & Maint Dept Svc Fx 88,700 93,135 97,792 102,681 107,815 113,206 118,866 124,810 131,050 137,603 144,483 159 541200 Custodial Service 3,580 3,759 3,947 4,144 4,352 4,569 4,798 5,037 5,289 5,554 5,831 160 541600 Bldg & Maint-Variable 5,000 5,250 5,513 5,788 6,078 6,381 6,700 7,036 7,387 7,757 8,144 161 542000 Employee Benefits-Fixed 1,785 1,874 1,968 2,066 2,170 2,278 2,392 2,512 2,637 2,769 2,908 162 Total Solid Waste 2088 Solid Waste Administration 1,351,130$ 1,465,377$ 1,536,449$ 1,610,362$ 1,687,968$ 1,769,456$ 1,855,025$ 1,944,886$ 2,039,260$ 2,138,379$ 2,242,488$ Solid Waste 2089 SW Roll-Off Collection Personal Services 163 510100 Full Time Salaries & Wages 472,892$ 513,088$ 538,742$ 565,679$ 593,963$ 623,661$ 654,845$ 687,587$ 721,966$ 758,064$ 795,968$ 164 510500 Overtime 20,200 21,917 23,013 24,163 25,372 26,640 27,972 29,371 30,839 32,381 34,000 165 520400 Major Medical Ins-Emp 116,874 123,886 131,320 139,199 147,551 156,404 165,788 175,735 186,279 197,456 209,304 166 520600 Social Security-Employee 6,966 7,558 7,936 8,333 8,749 9,187 9,646 10,129 10,635 11,167 11,725 167 520700 Emp Pension Plan 35,066 40,125 42,132 44,238 46,450 48,773 51,211 53,772 56,460 59,283 62,248 168 520900 Workers Compensation 3,994 4,333 4,550 4,778 5,017 5,267 5,531 5,807 6,098 6,403 6,723 169 522000 CWA Life 1,638 1,736 1,840 1,951 2,068 2,192 2,324 2,463 2,611 2,767 2,933 Other Operating 170 542900 Interfd Admin Service Chg 66,820 69,159 71,406 73,549 75,755 78,028 80,368 82,780 85,263 87,821 90,455 171 543100 Advertising 1,000 1,035 1,069 1,101 1,134 1,168 1,203 1,239 1,276 1,314 1,354 172 543400 Printing & Binding 100 104 107 110 113 117 120 124 128 131 135 173 543500 Dump Fee 1,227,893 1,323,669 1,426,915 1,541,068 1,664,353 1,797,502 1,941,302 2,096,606 2,264,334 2,445,481 2,641,120 174 544100 Equipt Rental 5,000 5,175 5,343 5,503 5,669 5,839 6,014 6,194 6,380 6,571 6,769 175 545100 Insurance 30,508 31,576 32,602 33,580 34,587 35,625 36,694 37,795 38,928 40,096 41,299 176 546200 Other Equip Svc & Repair 1,000 1,035 1,069 1,101 1,134 1,168 1,203 1,239 1,276 1,314 1,354 177 546500 Garage Eq Repair Svcs 500 518 534 550 567 584 601 619 638 657 677 178 547100 Uniforms-Employee 3,000 3,105 3,206 3,302 3,401 3,503 3,608 3,717 3,828 3,943 4,061 179 547200 Travel Expense-Emp 850 880 908 936 964 993 1,022 1,053 1,085 1,117 1,151 180 550400 Operating Supplies & Matls 12,000 12,420 12,824 13,208 13,605 14,013 14,433 14,866 15,312 15,771 16,245 181 Roll-off Refuse Containers 140,000 144,900 149,609 154,098 158,720 163,482 168,387 173,438 178,641 184,001 189,521 182 557100 Memberships/Subs/Lic Emp 490 507 524 539 556 572 589 607 625 644 663 183 557300 Training & Ref Employee 8,500 8,798 9,083 9,356 9,637 9,926 10,223 10,530 10,846 11,171 11,507 184 540100 Garage Services 421,200 442,260 464,373 487,592 511,971 537,570 564,448 592,671 622,304 653,419 686,090 185 540300 Telephone Service Variable 583 612 643 675 709 744 781 820 861 904 950 186 540500 Radio Svc-Fixed 5,020 5,271 5,535 5,811 6,102 6,407 6,727 7,064 7,417 7,788 8,177 187 540900 Risk Mgmt Service 2,209 2,319 2,435 2,557 2,685 2,819 2,960 3,108 3,264 3,427 3,598 188 541000 Info Technology Charge 8,880 9,324 9,790 10,280 10,794 11,333 11,900 12,495 13,120 13,776 14,465 189 541500 Garage Variable 5,000 5,250 5,513 5,788 6,078 6,381 6,700 7,036 7,387 7,757 8,144 190 542000 Employee Benefits-Fixed 2,398 2,518 2,644 2,776 2,915 3,061 3,214 3,374 3,543 3,720 3,906 191 Total Solid Waste 2089 SW Roll-Off Collection 2,600,581$ 2,783,078$ 2,955,664$ 3,141,821$ 3,340,617$ 3,552,957$ 3,779,816$ 4,022,238$ 4,281,346$ 4,558,347$ 4,854,540$ 2041 Recycling - Residential 192 Personal Services 193 510100 Full Time Salaries & Wages 467,449$ 507,182$ 532,541$ 559,168$ 587,127$ 616,483$ 647,307$ 679,673$ 713,656$ 749,339$ 786,806$ 194 510400 Special Pay 3,627 3,935 4,132 4,339 4,556 4,783 5,023 5,274 5,537 5,814 6,105 195 510500 Overtime 30,000 32,550 34,178 35,886 37,681 39,565 41,543 43,620 45,801 48,091 50,496 196 520400 Major Medical Ins-Emp 118,694 125,816 133,365 141,366 149,848 158,839 168,370 178,472 189,180 200,531 212,563 197 520600 Social Security-Employee 7,000 7,595 7,975 8,373 8,792 9,232 9,693 10,178 10,687 11,221 11,782 198 520700 Emp Pension Plan 34,955 40,775 42,814 44,955 47,202 49,562 52,040 54,642 57,375 60,243 63,256 199 520900 Workers Compensation 4,104 4,453 4,675 4,909 5,155 5,412 5,683 5,967 6,266 6,579 6,908 200 522000 CWA Life 1,638 1,736 1,840 1,951 2,068 2,192 2,324 2,463 2,611 2,767 2,933 - - - - - - - - - - - Other Operating - - - - - - - - - - - 201 530300 Other Contractual Serv 7,200 7,452 7,694 7,925 8,163 8,408 8,660 8,920 9,187 9,463 9,747 202 542900 Interfd Admin Service Chg 51,630 53,437 55,174 56,829 58,534 60,290 62,099 63,962 65,880 67,857 69,892 203 543100 Advertising 10,000 10,350 10,686 11,007 11,337 11,677 12,028 12,388 12,760 13,143 13,537 204 543200 Other Promotion Activity 84,400 87,354 90,193 92,899 95,686 98,556 101,513 104,558 107,695 110,926 114,254 City of Clearwater | FY 2024 Solid Waste Recycling Revenue Sufficiency Analysis Stantec | Appendix: Supporting Financial Schedules Projection of Cash Outflows Schedule 4 FY 2024 FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 FY 2032 FY 2033 FY 2034 205 543400 Printing & Binding 10,000 10,350 10,686 11,007 11,337 11,677 12,028 12,388 12,760 13,143 13,537 206 544100 Equipt Rental 1,500 1,553 1,603 1,651 1,701 1,752 1,804 1,858 1,914 1,971 2,031 207 545100 Insurance 27,157 28,107 29,021 29,892 30,788 31,712 32,663 33,643 34,653 35,692 36,763 208 547100 Uniforms-Employee 1,500 1,553 1,603 1,651 1,701 1,752 1,804 1,858 1,914 1,971 2,031 209 547200 Travel Expense-Emp 1,000 1,035 1,069 1,101 1,134 1,168 1,203 1,239 1,276 1,314 1,354 210 547300 Mileage Reimbursement 50 52 53 55 57 58 60 62 64 66 68 211 550100 Office Supplies 500 518 534 550 567 584 601 619 638 657 677 212 550400 Operating Supplies & Matls 5,000 5,175 5,343 5,503 5,669 5,839 6,014 6,194 6,380 6,571 6,769 213 Resident Refuse/Recycle Carts 40,000 41,400 42,746 44,028 45,349 46,709 48,110 49,554 51,040 52,572 54,149 214 557100 Memberships/Subs/Lic Emp 600 621 641 660 680 701 722 743 766 789 812 215 557300 Training & Ref Employee 1,200 1,242 1,282 1,321 1,360 1,401 1,443 1,487 1,531 1,577 1,624 216 540100 Garage Services 336,700 353,535 371,212 389,772 409,261 429,724 451,210 473,771 497,459 522,332 548,449 217 540300 Telephone Service Variable 1,166 1,224 1,286 1,350 1,417 1,488 1,563 1,641 1,723 1,809 1,899 218 540500 Radio Svc-Fixed 2,340 2,457 2,580 2,709 2,844 2,986 3,136 3,293 3,457 3,630 3,812 219 540700 Postal Service 5,000 5,250 5,513 5,788 6,078 6,381 6,700 7,036 7,387 7,757 8,144 220 540900 Risk Mgmt Service 2,209 2,319 2,435 2,557 2,685 2,819 2,960 3,108 3,264 3,427 3,598 221 541000 Info Technology Charge 16,070 16,874 17,717 18,603 19,533 20,510 21,535 22,612 23,743 24,930 26,176 222 541800 Administrative Charge 99,590 104,570 109,798 115,288 121,052 127,105 133,460 140,133 147,140 154,497 162,222 223 542000 Employee Benefits-Fixed 2,398 2,518 2,644 2,776 2,915 3,061 3,214 3,374 3,543 3,720 3,906 224 Total 2041 Recycling - Residential 1,374,677$ 1,462,987$ 1,533,033$ 1,605,870$ 1,682,275$ 1,762,427$ 1,846,513$ 1,934,731$ 2,027,287$ 2,124,400$ 2,226,299$ 2042 Recycling - Multifamily Personal Services 225 510100 Full Time Salaries & Wages 150,338$ 163,117$ 171,273$ 179,836$ 188,828$ 198,269$ 208,183$ 218,592$ 229,522$ 240,998$ 253,048$ 226 510500 Overtime 6,600 7,161 7,519 7,895 8,290 8,704 9,139 9,596 10,076 10,580 11,109 227 520400 Major Medical Ins-Emp 39,429 41,795 44,302 46,961 49,778 52,765 55,931 59,287 62,844 66,614 70,611 228 520600 Social Security-Employee 2,162 2,346 2,463 2,586 2,716 2,851 2,994 3,144 3,301 3,466 3,639 229 520700 Emp Pension Plan 11,116 12,771 13,409 14,080 14,784 15,523 16,299 17,114 17,970 18,868 19,812 230 520900 Workers Compensation 1,230 1,335 1,401 1,471 1,545 1,622 1,703 1,788 1,878 1,972 2,070 231 522000 CWA Life 546 579 613 650 689 731 775 821 870 922 978 232 Other Operating 233 542900 Interfd Admin Service Chg 19,680 20,369 21,031 21,662 22,312 22,981 23,670 24,380 25,112 25,865 26,641 234 543100 Advertising 5,000 5,175 5,343 5,503 5,669 5,839 6,014 6,194 6,380 6,571 6,769 235 543400 Printing & Binding 500 518 534 550 567 584 601 619 638 657 677 236 545100 Insurance 9,186 9,508 9,817 10,111 10,414 10,727 11,049 11,380 11,721 12,073 12,435 237 547100 Uniforms-Employee 1,000 1,035 1,069 1,101 1,134 1,168 1,203 1,239 1,276 1,314 1,354 238 547200 Travel Expense-Emp 300 311 321 330 340 350 361 372 383 394 406 239 550400 Operating Supplies & Matls 500 518 534 550 567 584 601 619 638 657 677 240 Resident Refuse/Recycle Carts 10,000 10,350 10,686 11,007 11,337 11,677 12,028 12,388 12,760 13,143 13,537 241 557300 Training & Ref Employee 500 518 534 550 567 584 601 619 638 657 677 242 540100 Garage Services 56,630 59,462 62,435 65,556 68,834 72,276 75,890 79,684 83,668 87,852 92,244 243 540500 Radio Svc-Fixed 2,850 2,993 3,142 3,299 3,464 3,637 3,819 4,010 4,211 4,421 4,642 244 540700 Postal Service 1,000 1,050 1,103 1,158 1,216 1,276 1,340 1,407 1,477 1,551 1,629 245 540900 Risk Mgmt Service 736 773 811 852 895 939 986 1,036 1,087 1,142 1,199 246 541000 Info Technology Charge 6,120 6,426 6,747 7,085 7,439 7,811 8,201 8,611 9,042 9,494 9,969 247 541800 Administrative Charge 56,170 58,979 61,927 65,024 68,275 71,689 75,273 79,037 82,989 87,138 91,495 248 542000 Employee Benefits-Fixed 799 839 881 925 971 1,020 1,071 1,124 1,180 1,240 1,301 249 Total 2042 Recycling - Multifamily 382,392$ 407,922$ 427,897$ 448,743$ 470,629$ 493,607$ 517,733$ 543,064$ 569,662$ 597,591$ 626,919$ 2043 Recycling - Commercial Personal Services 250 510100 Full Time Salaries & Wages 389,803$ 422,936$ 444,083$ 466,287$ 489,602$ 514,082$ 539,786$ 566,775$ 595,114$ 624,869$ 656,113$ 251 510500 Overtime 30,000 32,550 34,178 35,886 37,681 39,565 41,543 43,620 45,801 48,091 50,496 252 520100 Life Ins $2500 Empl & Pens 9 10 10 11 11 12 13 14 14 15 16 253 520300 Samp Life Insurance 197 209 221 235 249 264 279 296 314 333 353 254 520400 Major Medical Ins-Emp 83,384 88,387 93,690 99,312 105,270 111,587 118,282 125,379 132,901 140,876 149,328 255 520600 Social Security-Employee 5,888 6,388 6,708 7,043 7,395 7,765 8,153 8,561 8,989 9,439 9,911 256 520700 Emp Pension Plan 29,611 34,161 35,870 37,663 39,546 41,523 43,600 45,780 48,069 50,472 52,996 257 520900 Workers Compensation 6,482 7,033 7,385 7,754 8,142 8,549 8,976 9,425 9,896 10,391 10,910 258 522000 CWA Life 1,274 1,350 1,431 1,517 1,608 1,705 1,807 1,916 2,031 2,152 2,282 City of Clearwater | FY 2024 Solid Waste Recycling Revenue Sufficiency Analysis Stantec | Appendix: Supporting Financial Schedules Projection of Cash Outflows Schedule 4 FY 2024 FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 FY 2032 FY 2033 FY 2034 Other Operating 259 530300 Other Contractual Serv 1,020,500 1,056,218 1,090,545 1,123,261 1,156,959 1,191,667 1,227,418 1,264,240 1,302,167 1,341,232 1,381,469 260 542200 Elec-Util Charges 6,000 6,210 6,412 6,604 6,802 7,006 7,217 7,433 7,656 7,886 8,122 261 542900 Interfd Admin Service Chg 51,630 53,437 55,174 56,829 58,534 60,290 62,099 63,962 65,880 67,857 69,892 262 543200 Other Promotion Activity 6,000 6,210 6,412 6,604 6,802 7,006 7,217 7,433 7,656 7,886 8,122 263 543400 Printing & Binding 500 518 534 550 567 584 601 619 638 657 677 264 545100 Insurance 23,257 24,071 24,853 25,599 26,367 27,158 27,973 28,812 29,676 30,566 31,483 265 546200 Other Equip Svc & Repair 5,500 5,693 5,878 6,054 6,235 6,423 6,615 6,814 7,018 7,229 7,445 266 547100 Uniforms-Employee 2,500 2,588 2,672 2,752 2,834 2,919 3,007 3,097 3,190 3,286 3,384 267 547200 Travel Expense-Emp 4,400 4,554 4,702 4,843 4,988 5,138 5,292 5,451 5,614 5,783 5,956 268 547300 Mileage Reimbursement 250 259 267 275 283 292 301 310 319 329 338 269 550100 Office Supplies 250 259 267 275 283 292 301 310 319 329 338 270 550400 Operating Supplies & Matls 10,500 10,868 11,221 11,557 11,904 12,261 12,629 13,008 13,398 13,800 14,214 271 Comm Refuse FEL Container 50,085 51,838 53,523 55,128 56,782 58,486 60,240 62,047 63,909 65,826 67,801 272 557100 Memberships/Subs/Lic Emp 4,250 4,399 4,542 4,678 4,818 4,963 5,112 5,265 5,423 5,586 5,753 273 557300 Training & Ref Employee 3,500 3,623 3,740 3,852 3,968 4,087 4,210 4,336 4,466 4,600 4,738 274 540100 Garage Services 473,120 496,776 521,615 547,696 575,080 603,834 634,026 665,727 699,014 733,964 770,663 275 540500 Radio Svc-Fixed 3,750 3,938 4,134 4,341 4,558 4,786 5,025 5,277 5,540 5,817 6,108 276 540900 Risk Mgmt Service 2,209 2,319 2,435 2,557 2,685 2,819 2,960 3,108 3,264 3,427 3,598 277 541000 Info Technology Charge 19,650 20,633 21,664 22,747 23,885 25,079 26,333 27,650 29,032 30,484 32,008 278 541500 Garage Variable 5,000 5,250 5,513 5,788 6,078 6,381 6,700 7,036 7,387 7,757 8,144 279 541800 Administrative Charge 99,590 104,570 109,798 115,288 121,052 127,105 133,460 140,133 147,140 154,497 162,222 280 542000 Employee Benefits-Fixed 2,398 2,518 2,644 2,776 2,915 3,061 3,214 3,374 3,543 3,720 3,906 281 Debt Service 282 571500 Principal-Lease Purchase 82,430 - - - - - - - - - - 283 572500 Interest-Lease Purchase 1,680 - - - - - - - - - - 284 Total 2043 Recycling - Commercial 2,425,597$ 2,459,769$ 2,562,119$ 2,665,764$ 2,773,886$ 2,886,689$ 3,004,387$ 3,127,206$ 3,255,379$ 3,389,154$ 3,528,789$ 285 Total Operating Expenses 27,606,595$ 29,210,355$ 30,748,723$ 32,375,419$ 34,096,230$ 35,520,182$ 37,447,118$ 39,486,861$ 41,646,487$ 43,933,539$ 46,356,068$ Total Expenses by Category 286 Personal Services 9,765,053$ 10,615,122$ 11,163,281$ 11,739,891$ 12,346,439$ 12,984,488$ 13,655,683$ 14,361,755$ 15,104,529$ 15,885,922$ 16,707,955$ 287 Operations & Maintenance 17,253,702 18,198,423 19,188,632 20,238,718 21,352,980 22,535,694 23,791,435 25,125,106 26,541,958 28,047,618 29,648,114 288 Debt Service on Lease Purchase Program 1 587,840 396,810 396,810 396,810 396,810 - - - - - - 289 Total Expenses 27,606,595$ 29,210,355$ 30,748,723$ 32,375,419$ 34,096,230$ 35,520,182$ 37,447,118$ 39,486,861$ 41,646,487$ 43,933,539$ 46,356,068$ Expense Execution Factors 290 Personal Services 100%100%100%100%100%100%100%100%100%100%100% 291 Operations & Maintenance 100%100%100%100%100%100%100%100%100%100%100% 292 Debt Service on Lease Purchase Program 1 100%100%100%100%100%100%100%100%100%100%100% Total Expenses at Execution 293 Personal Services 9,765,053$ 10,615,122$ 11,163,281$ 11,739,891$ 12,346,439$ 12,984,488$ 13,655,683$ 14,361,755$ 15,104,529$ 15,885,922$ 16,707,955$ 294 Operations & Maintenance 17,253,702 18,198,423 19,188,632 20,238,718 21,352,980 22,535,694 23,791,435 25,125,106 26,541,958 28,047,618 29,648,114 295 Debt Service on Lease Purchase Program 1 587,840 396,810 396,810 396,810 396,810 - - - - - - 296 Total Expenses at Execution 27,606,595$ 29,210,355$ 30,748,723$ 32,375,419$ 34,096,230$ 35,520,182$ 37,447,118$ 39,486,861$ 41,646,487$ 43,933,539$ 46,356,068$ Transfers Out 297 Interfund Transfers (PILOT) 298 590200 Interfund Transfer 368,120$ 361,783$ 362,066$ 388,649$ 400,903$ 413,686$ 427,017$ 440,520$ 455,648$ 471,426$ 487,880$ 299 590200 Interfund Transfer 754,730 741,737 742,319 796,819 821,942 848,150 875,483 903,167 934,182 966,531 1,000,265 300 590200 Interfund Transfer 417,410 410,224 410,546 440,688 454,582 469,077 484,193 499,505 516,657 534,548 553,205 301 590200 Interfund Transfer 113,260 111,310 111,397 119,576 123,346 127,279 131,381 135,536 140,190 145,044 150,107 302 590200 Interfund Transfer 15,480 15,214 15,225 16,343 16,859 17,396 17,957 18,525 19,161 19,824 20,516 303 590200 Interfund Transfer 51,320 50,437 50,476 54,182 55,890 57,672 59,531 61,413 63,522 65,722 68,016 304 Transfers Out for Capital Projects 305 Underground Refuse Program 252,754$ 47,052$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 306 SW Facility R&R 205,906 207,613 206,955 215,689 207,964 254,851 261,494 - - - - 307 Rebuild SW Admin Complex 6,750,443 2,041,669 3,046,364 6,196,404 796,370 97,026 - - - - - City of Clearwater | FY 2024 Solid Waste Recycling Revenue Sufficiency Analysis Stantec | Appendix: Supporting Financial Schedules Projection of Cash Outflows Schedule 4 FY 2024 FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 FY 2032 FY 2033 FY 2034 308 New Truck Wash at Admin Complex 584,069 19,793 - - - - - - - - - 309 Total Transfers Out 9,513,491$ 4,006,831$ 4,945,348$ 8,228,350$ 2,877,856$ 2,285,139$ 2,257,055$ 2,058,666$ 2,129,360$ 2,203,096$ 2,279,990$ 310 Total Cash Outflows 37,120,086$ 33,217,186 35,694,071 40,603,769 36,974,086 37,805,320 39,704,173 41,545,527 43,775,847 46,136,635 48,636,058 1 Includes principal and interest for leased equipment and transfer station expenses as provided by City staff. City of Clearwater | FY 2024 Solid Waste Recycling Revenue Sufficiency Analysis Stantec | Appendix: Supporting Financial Schedules Cost Escalation Factors Schedule 5 Expense Line Item Description Inflation Factor FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 FY 2032 FY 2033 FY 2034 510100 Full Time Salaries & Wages Pay 5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00% 510200 Part Time Salaries & Wages Pay 5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00% 510400 Special Pay Pay 5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00% 510500 Overtime Pay 5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00% 510600 Vacation Leave Pay 5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00% 510700 Sick Leave Pay 5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00% 510800 Other Paid Leave Pay 5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00% 510900 Special Acting Pay Pay 5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00% 512200 Injury Time Pay 5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00% 512300 Funeral Time Pay 5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00% 512500 Jury Holiday Pay 5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00% 512600 Union Leave Pay 5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00% 512700 Holiday Time Pay 5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00% 520100 Life Ins $2500 Empl & Pens Health Insurance 6.00%6.00%6.00%6.00%6.00%6.00%6.00%6.00% 520200 1% Life Insurance-Employee Health Insurance 6.00%6.00%6.00%6.00%6.00%6.00%6.00%6.00% 520300 Samp Life Insurance Health Insurance 6.00%6.00%6.00%6.00%6.00%6.00%6.00%6.00% 520400 Major Medical Ins-Emp Health Insurance 6.00%6.00%6.00%6.00%6.00%6.00%6.00%6.00% 520600 Social Security-Employee Pay 5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00% 520700 Emp Pension Plan Pension Contribution 7.50%7.50%7.50%7.50%7.50%7.50%7.50%7.50% 520900 Workers Compensation Pay 5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00% 521000 Disability Insurance Health Insurance 6.00%6.00%6.00%6.00%6.00%6.00%6.00%6.00% 522000 CWA Life Health Insurance 6.00%6.00%6.00%6.00%6.00%6.00%6.00%6.00% 530100 Professional Services Health Insurance 6.00%6.00%6.00%6.00%6.00%6.00%6.00%6.00% 530300 Other Contractual Serv Inflation 3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00% 542200 Elec-Util Charges Inflation 3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00% 542300 Gas,Water & Sanitation Utl Inflation 3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00% 542500 Postage Inflation 3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00% 542700 Interfd Svc Chg-Other Fund Inflation 3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00% 542800 Interfd Other Serv Chgs Inflation 3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00% 542900 Interfd Admin Service Chg Inflation 3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00% 543100 Advertising Inflation 3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00% 543200 Other Promotion Activity Inflation 3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00% 543400 Printing & Binding Inflation 3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00% 543500 Dump Fee Dump Fee 8.00%8.00%8.00%8.00%8.00%8.00%8.00%8.00% 544100 Equipt Rental Inflation 3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00% 545100 Insurance Inflation 3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00% 546200 Other Equip Svc & Repair Inflation 3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00% 546500 Garage Eq Repair Svcs Inflation 3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00% 547100 Uniforms-Employee Inflation 3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00% 547200 Travel Expense-Emp Inflation 3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00% 547300 Mileage Reimbursement Inflation 3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00% 547400 Meals-Employee Inflation 3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00% 548100 Bad Debt Expense Inflation 3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00% 549000 PCard Suspense Inflation 3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00% 549500 PCard Disputes Inflation 3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00% 550100 Office Supplies Inflation 3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00% 550400 Operating Supplies & Matls Inflation 3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00% 552500 $1000-$4999 Mach & Equip Inflation 3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00% 557100 Memberships/Subs/Lic Emp Inflation 3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00% 557200 Officl Recognition-Emp Inflation 3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00% 557300 Training & Ref Employee Inflation 3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00% 540100 Garage Services Internal Service Charges 5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00% 540300 Telephone Service Variable Internal Service Charges 5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00% 540400 Messenger Service Internal Service Charges 5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00% 540500 Radio Svc-Fixed Internal Service Charges 5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00% 540600 Telephone Svc Fixed Internal Service Charges 5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00% 540700 Postal Service Internal Service Charges 5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00% 540900 Risk Mgmt Service Internal Service Charges 5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00% 541000 Info Technology Charge Internal Service Charges 5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00% 541100 Bldg & Maint Dept Svc Fx Internal Service Charges 5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00% 541200 Custodial Service Internal Service Charges 5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00% 541500 Garage Variable Internal Service Charges 5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00% City of Clearwater | FY 2024 Solid Waste Recycling Revenue Sufficiency Analysis Stantec | Appendix: Supporting Financial Schedules Cost Escalation Factors Schedule 5 Expense Line Item Description Inflation Factor FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 FY 2032 FY 2033 FY 2034 541600 Bldg & Maint-Variable Internal Service Charges 5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00% 541800 Administrative Charge Internal Service Charges 5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00% 542000 Employee Benefits-Fixed Internal Service Charges 5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00% 530400 Lot Mowing Inflation 3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00% 531100 Inventory Purch for Resale Inflation 3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00% 542100 Utilities-Telephone Inflation 3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00% 543800 Fines and Penalties Inflation 3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00% 548000 Other Charges Inflation 3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00% 540200 Printing Services (Proj/Prog)Internal Service Charges 5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00% 541300 Printing Services (Proj/Prog)Internal Service Charges 5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00% 541400 Purchasing Svc Internal Service Charges 5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00% 541700 Radio Service Chgs-Variable Internal Service Charges 5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00% 541200 Custodial Service Chgs-Fixed Internal Service Charges 5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00% 551800 Computer Parts (9860)Inflation 3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00% 562600 Buildgs-Matl Purchase Inflation 3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00% 565400 Other Strc-Misc Costs Inflation 3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00% 521500 Medical Examinations Health Insurance 6.00%6.00%6.00%6.00%6.00%6.00%6.00%6.00% 543900 Other Refunds Inflation 3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00% 546100 Repairs & Svc-Office Equip Inflation 3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00% 547900 Strategies for Success Inflation 3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00% 550800 Construction Materials Inflation 3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00% 562200 St Walk Drn-Const City Emp Inflation 3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00% 510200 Salaries & Wages-Part Time Pay 5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00% 520200 Life Ins 1% Employee Health Insurance 6.00%6.00%6.00%6.00%6.00%6.00%6.00%6.00% 531100 Inv Purchase-Resale Inflation 3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00% 542700 Interfund Svc Chgs-Enterprise Inflation 3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00% 542800 Interfund Svc Chgs-Gen Fd Ops Inflation 3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00% 549500 P-Card Disputes Inflation 3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00% 541600 Bldg & Maint Chgs-Variable Internal Service Charges 5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00% 511500 Commissions Pay 5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00% 542300 Utilities-Gas Water Sanitation Inflation 3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00% 540400 Messenger Service Chgs-Fixed Internal Service Charges 5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00% 540600 Telephone Service Chgs-Fixed Internal Service Charges 5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00% Weighted Average Annual Operating Costs Adjustments 5.36%5.38%5.40%5.42%5.45%5.47%5.49%5.51% Default Inflation Factor 3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00% City of Clearwater | FY 2024 Solid Waste Recycling Revenue Sufficiency Analysis Stantec | Appendix: Supporting Financial Schedules Capital Improvement Program Schedule 6 FY2022 FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 FY 2032 FY 2033 FY 2034 Total SW Transfer Station Upgrade & Retrofit 1 C2005 Underground Refuse Program 91,791 280,000 - - - - - - - - - 371,791 2 324-M2301 SW Facility R&R 196,871 125,000 75,000 125,000 50,000 25,000 50,000 - - - - 646,871 3 324-C2302 Rebuild SW Admin Complex 14,757 684,228 500,000 17,500,000 5,000,000 500,000 - - - - - 24,198,985 4 324-C24XX New Truck Wash at Admin Complex 247,547 325,000 - - - - - - - - - 572,547 5 Unspecified Future Spending - - - - - - 450,000 500,000 500,000 500,000 500,000 2,450,000 - - 6 Total CIP Budget (in current dollars) $550,966 $1,414,228 $575,000 $17,625,000 $5,050,000 $525,000 $500,000 $500,000 $500,000 $500,000 $500,000 $ 28,240,194 7 Cumulative Projected Cost Escalation1 3.0%6.1%9.3%12.6%15.9%19.4%23.0%26.7%30.5%34.4%38.4% 8 Resulting CIP Funding Level $567,495 $1,500,354 $628,318 $19,837,093 $5,854,334 $626,877 $614,937 $633,385 $652,387 $671,958 $692,117 $ 32,279,255 1 Escalation factors applied are consistent with average annual change in Engineering News Record Construction Cost Index. City of Clearwater | FY 2024 Solid Waste Recycling Revenue Sufficiency Analysis Stantec | Appendix: Supporting Financial Schedules FAMS - Control Panel Schedule 7 CITY OF CLEARWATER, FL FY 2024 FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 FY 2032 FY 2033 FY 2034 FY 2023 FY 2028 Solid Waste Rate Plan 3.75%3.75%3.75%3.75%3.75%3.75%4.00%4.00%4.00%4.00%4.00%20.22%46.24% Roll-Off Rate Plan 3.75%3.75%3.75%3.75%3.75%3.75%4.00%4.00%4.00%4.00%4.00%20.21%46.25% Recycling Rate Plan 3.75%3.75%3.75%3.75%3.75%3.75%4.00%4.00%4.00%4.00%4.00%PILOT 5.50% $38.13 $39.56 $41.05 $42.59 $44.19 $45.84 $47.67 $49.58 $51.56 $53.62 $55.77 Debt No $1.43 $1.49 $1.54 $1.60 $1.65 $1.83 $1.91 $1.98 $2.06 $2.15 Single Family Solid Waste & Recycling Monthly Bill CALC SAVE CTRL LAST OVR Operating Fund CIP Spending Revenues vs. Expenses CIP Funding Expenses by Type $0.0M $10.0M $20.0M $30.0M $40.0M $50.0M 24 25 26 27 28 29 30 31 32 33 34 Debt Operating Fund Capital Projects Funds $0.0M $10.0M $20.0M $30.0M $40.0M $50.0M 23 24 25 26 27 28 29 30 31 32 33 34 Current Plan Target $0.0M $10.0M $20.0M $30.0M $40.0M $50.0M 24 25 26 27 28 29 30 31 32 33 34 Current Plan $0.0M $10.0M $20.0M $30.0M $40.0M $50.0M $60.0M 24 25 26 27 28 29 30 31 32 33 34 Cash In Cash Out $0.0M $10.0M $20.0M $30.0M $40.0M $50.0M 24 25 26 27 28 29 30 31 32 33 34 O&M PS CO TO $0.0M $10.0M $20.0M $30.0M $40.0M $50.0M 23 24 25 26 27 28 29 30 31 32 33 34 Current Plan Capital Project Funds City of Clearwater | FY 2024 Solid Waste Recycling Revenue Sufficiency Analysis Stantec | Appendix: Supporting Financial Schedules Pro Forma Schedule 8 FY 2024 FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 FY 2032 FY 2033 FY 2034 Operating Revenue 1 Solid Waste, Roll-Off And Recycling Fee Revenue 1 29,585,333$ 29,585,333$ 31,874,882$ 32,945,391$ 34,059,425$ 35,218,627$ 36,391,132$ 37,700,361$ 39,063,717$ 40,483,343$ 41,961,468$ 2 Change in Revenue From Growth - (124,797) (120,288) (117,030) (113,760) (142,838) (140,784) (139,095) (137,426) (135,777) (134,147) 3 Other Revenue Adjustments - 1,262,241 - - - - - - - - - 4 Subtotal 29,585,333$ 30,722,778$ 31,754,594$ 32,828,361$ 33,945,665$ 35,075,790$ 36,250,347$ 37,561,266$ 38,926,291$ 40,347,566$ 41,827,321$ 5 Weighted Average Rate Increase 3.75%1 3.75%3.75%3.75%3.75%3.75%4.00%4.00%4.00%4.00%4.00% 6 Additional Rate Revenue From Fee Increase -$ 1,152,104$ 1,190,797$ 1,231,064$ 1,272,962$ 1,315,342$ 1,450,014$ 1,502,451$ 1,557,052$ 1,613,903$ 1,673,093$ 7 Price Elasticity Adjustment - - - - - - - - - - - 8 Total Fee Revenues 1 29,585,333$ 31,874,882$ 32,945,391$ 34,059,425$ 35,218,627$ 36,391,132$ 37,700,361$ 39,063,717$ 40,483,343$ 41,961,468$ 43,500,414$ 9 Plus: Other Operating Revenue 1,178,850 1,147,975 1,118,644 1,090,779 1,064,308 1,039,160 1,015,269 992,573 971,012 950,529 931,070 10 Equals: Total Operating Revenue 30,764,183$ 33,022,857$ 34,064,035$ 35,150,204$ 36,282,935$ 37,430,292$ 38,715,630$ 40,056,290$ 41,454,355$ 42,911,997$ 44,431,484$ Less: Operating Expenses 11 Personal Services (9,765,053)$ (10,615,122)$ (11,163,281)$ (11,739,891)$ (12,346,439)$ (12,984,488)$ (13,655,683)$ (14,361,755)$ (15,104,529)$ (15,885,922)$ (16,707,955)$ 12 Operations & Maintenance Costs (17,253,702) (18,198,423) (19,188,632) (20,238,718) (21,352,980) (22,535,694) (23,791,435) (25,125,106) (26,541,958) (28,047,618) (29,648,114) 13 Equals: Net Operating Income 3,745,428$ 4,209,312$ 3,712,122$ 3,171,595$ 2,583,515$ 1,910,110$ 1,268,513$ 569,429$ (192,132)$ (1,021,542)$ (1,924,585)$ Plus: Non-Operating Income/(Expense) 14 Non-Operating Revenue 5,000$ 5,000$ 5,000$ 5,000$ 5,000$ 5,000$ 5,000$ 5,000$ 5,000$ 5,000$ 5,000$ 15 Interest Income 1,137,680 1,187,211 1,232,732 1,057,418 803,747 751,708 746,262 723,938 682,537 620,011 534,183 16 Equals: Net Income 4,888,108$ 5,401,523$ 4,949,854$ 4,234,013$ 3,392,263$ 2,666,818$ 2,019,775$ 1,298,367$ 495,405$ (396,531)$ (1,385,401)$ Senior Lien Debt Service Coverage Test 17 Net Income Available for Senior-Lien Debt Service 4,888,108$ 5,401,523$ 4,949,854$ 4,234,013$ 3,392,263$ 2,666,818$ 2,019,775$ 1,298,367$ 495,405$ (396,531)$ (1,385,401)$ 18 Existing Senior-Lien Debt - - - - - - - - - - - 19 Cumulative New Senior Lien Debt Service (calculated)- - - - - - - - - - - 20 Total Annual Senior-Lien Debt Service Req.-$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 21 Calculated Senior-Lien Debt Service Coverage 1.50 n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a Subordinate Debt Service Coverage Test 22 Net Income Available for Subordinate Debt Service 4,888,108$ 5,401,523$ 4,949,854$ 4,234,013$ 3,392,263$ 2,666,818$ 2,019,775$ 1,298,367$ 495,405$ (396,531)$ (1,385,401)$ 23 Existing Subordinate Debt - - - - - - - - - - - 24 Cumulative New Subordinate Debt Service (calculated)- - - - - - - - - - - 25 Total Annual Subordinate Debt Service Req.-$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 26 Calculated Subordinate Debt Service Coverage 1.50 n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a Total All-In Debt Service Coverage Test 27 Net Income Available for Subordinate Debt Service 4,888,108$ 5,401,523$ 4,949,854$ 4,234,013$ 3,392,263$ 2,666,818$ 2,019,775$ 1,298,367$ 495,405$ (396,531)$ (1,385,401)$ 28 Total Senior-Lien Debt Service - - - - - - - - - - - 29 Total Subordinate Debt Service - - - - - - - - - - - 30 Total Annual Debt Service -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 31 Calculated All-In Debt Service Coverage n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a Cash Flow Test 32 Net Income 4,888,108$ 5,401,523$ 4,949,854$ 4,234,013$ 3,392,263$ 2,666,818$ 2,019,775$ 1,298,367$ 495,405$ (396,531)$ (1,385,401)$ 33 Less: Non-Operating Expenditures 34 Interfund Transfers (1,720,320) (1,690,705) (1,692,030) (1,816,257) (1,873,522) (1,933,261) (1,995,561) (2,058,666) (2,129,360) (2,203,096) (2,279,990) 35 Transfer to Capital Projects (7,793,171) (2,316,126) (3,253,318) (6,412,093) (1,004,334) (351,877) (261,494) - - - - 36 Capital Outlay (587,840) (396,810) (396,810) (396,810) (396,810) - - - - - - 37 Net Cash Flow (5,213,223)$ 997,882$ (392,304)$ (4,391,147)$ 117,597$ 381,679$ (237,280)$ (760,300)$ (1,633,954)$ (2,599,627)$ (3,665,391)$ Unrestricted Reserve Fund Test 38 Balance At Beginning Of Fiscal Year 40,045,605$ 34,832,382$ 35,830,264$ 35,437,960$ 31,046,813$ 31,164,410$ 31,546,089$ 30,755,366$ 29,361,681$ 27,075,340$ 23,803,755$ 39 Cash Flow Surplus/(Deficit)- 997,882 - - 117,597 381,679 - - - - (3,039,671) 40 Reserve Fund Balance Used For Cash Flow Deficit (5,213,223) - (392,304) (4,391,147) - - (237,280) (760,300) (1,633,954) (2,599,627) (625,720) Projects Designated To Be Paid With Cash - - - - - - (553,443) (633,385) (652,387) (671,958) (692,117) 41 Projects Paid With Non Specified Funds - - - - - - - - - - - 42 Balance At End Of Fiscal Year 34,832,382$ 35,830,264$ 35,437,960$ 31,046,813$ 31,164,410$ 31,546,089$ 30,755,366$ 29,361,681$ 27,075,340$ 23,803,755$ 19,446,247$ 43 Minimum Working Capital Reserve Target 13,509,378 14,406,772 15,175,957 15,989,305 16,849,710 17,760,091 18,723,559 19,743,431 20,823,243 21,966,770 23,178,034 44 Excess/(Deficiency) Of Working Capital To Target 21,323,005$ 21,423,492$ 20,262,003$ 15,057,509$ 14,314,700$ 13,785,998$ 12,031,807$ 9,618,250$ 6,252,097$ 1,836,985$ (3,731,787)$ 1 A 3.75% rate increase became effective at the beginning of FY 2024 (October 1, 2023). As such, projected revenues for FY 2024 already reflect this rate increase. City of Clearwater | FY 2024 Solid Waste Recycling Revenue Sufficiency Analysis Stantec | Appendix: Supporting Financial Schedules Capital Project Funding Summary Schedule 9 FY 2024 FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 FY 2032 FY 2033 FY 2034 C2005 Underground Refuse Program 94,544$ 297,052$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 324-M2301 Sw Facility R&R 202,777 132,613 81,955 140,689 57,964 29,851 61,494 - - - - 324-C2302 Rebuild Sw Admin Complex 15,200 725,897 546,364 19,696,404 5,796,370 597,026 - - - - - 324-C24Xx New Truck Wash At Admin Complex 254,973 344,793 - - - - - - - - - Senior Lien Debt Proceeds - - - - - - - - - - - Revenue Fund - - - - - - - - - - - Projects Designated To Be Paid With Cash - - - - - - 553,443 633,385 652,387 671,958 692,117 Total Projects Paid 567,495$ 1,500,354$ 628,318$ 19,837,093$ 5,854,334$ 626,877$ 614,937$ 633,385$ 652,387$ 671,958$ 692,117$ City of Clearwater | FY 2024 Solid Waste Recycling Revenue Sufficiency Analysis Stantec | Appendix: Supporting Financial Schedules Detailed Funding by Fund Schedule 10 FY 2024 FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 FY 2032 FY 2033 FY 2034 Srts180001 Sw Transfer Station Upgrade & Retrofit Balance At Beginning Of Fiscal Year 576,642$ (0)$ (0)$ (0)$ (0)$ (0)$ -$ -$ -$ -$ -$ Annual Revenues - - - - - - - - - - - Less: Annual Expenses1 (576,642) - - - - - - - - - - Less: Payment Of Debt Service - - - - - - - - - - - Subtotal (0)$ (0)$ (0)$ (0)$ (0)$ (0)$ (0)$ (0)$ (0)$ (0)$ (0)$ Less: Restricted Funds - - - - - - - - - - - Total Amount Available For Projects (0)$ (0)$ (0)$ (0)$ (0)$ (0)$ (0)$ (0)$ (0)$ (0)$ (0)$ Amount Paid For Projects - - - - - - - - - - - Subtotal (0)$ (0)$ (0)$ (0)$ (0)$ (0)$ (0)$ (0)$ (0)$ (0)$ (0)$ Add Back: Restricted Funds - - - - - - - - - - - Plus: Interest Earnings - - - - - - - - - - - Less: Interest Allocated To Cash Flow - - - - - - - - - - - Balance At End Of Fiscal Year (0)$ (0)$ (0)$ (0)$ (0)$ -$ -$ -$ -$ -$ -$ C2005 Underground Refuse Program Balance At Beginning Of Fiscal Year 444,194$ 602,404$ 352,404$ 352,404$ 352,404$ 352,404$ 352,404$ 352,404$ 352,404$ 352,404$ 352,404$ Annual Revenues 252,754 47,052 - - - - - - - - - Less: Annual Expenses - - - - - - - - - - - Less: Payment Of Debt Service - - - - - - - - - - - Subtotal 696,948$ 649,456$ 352,404$ 352,404$ 352,404$ 352,404$ 352,404$ 352,404$ 352,404$ 352,404$ 352,404$ Less: Restricted Funds - - - - - - - - - - - Total Amount Available For Projects 696,948$ 649,456$ 352,404$ 352,404$ 352,404$ 352,404$ 352,404$ 352,404$ 352,404$ 352,404$ 352,404$ Amount Paid For Projects (94,544) (297,052) - - - - - - - - - Subtotal 602,404$ 352,404$ 352,404$ 352,404$ 352,404$ 352,404$ 352,404$ 352,404$ 352,404$ 352,404$ 352,404$ Add Back: Restricted Funds - - - - - - - - - - - Plus: Interest Earnings 11,774 10,742 7,929 7,929 7,929 7,929 7,929 7,929 7,929 7,929 7,929 Less: Interest Allocated To Cash Flow (11,774) (10,742) (7,929) (7,929) (7,929) (7,929) (7,929) (7,929) (7,929) (7,929) (7,929) Balance At End Of Fiscal Year 602,404$ 352,404$ 352,404$ 352,404$ 352,404$ 352,404$ 352,404$ 352,404$ 352,404$ 352,404$ 352,404$ 324-M2301 Sw Facility R&R Balance At Beginning Of Fiscal Year 185,175$ 188,304$ 263,304$ 388,304$ 463,304$ 613,304$ 838,304$ 1,038,304$ 1,038,304$ 1,038,304$ 1,038,304$ Annual Revenues 205,906 207,613 206,955 215,689 207,964 254,851 261,494 - - - - Less: Annual Expenses - - - - - - - - - - - Less: Payment Of Debt Service - - - - - - - - - - - Subtotal 391,081$ 395,917$ 470,259$ 603,993$ 671,268$ 868,155$ 1,099,798$ 1,038,304$ 1,038,304$ 1,038,304$ 1,038,304$ Less: Restricted Funds - - - - - - - - - - - Total Amount Available For Projects 391,081$ 395,917$ 470,259$ 603,993$ 671,268$ 868,155$ 1,099,798$ 1,038,304$ 1,038,304$ 1,038,304$ 1,038,304$ Amount Paid For Projects (202,777) (132,613) (81,955) (140,689) (57,964) (29,851) (61,494) - - - - Subtotal 188,304$ 263,304$ 388,304$ 463,304$ 613,304$ 838,304$ 1,038,304$ 1,038,304$ 1,038,304$ 1,038,304$ 1,038,304$ Add Back: Restricted Funds - - - - - - - - - - - Plus: Interest Earnings 4,202 5,081 7,331 9,581 12,112 16,331 21,112 23,362 23,362 23,362 23,362 Less: Interest Allocated To Cash Flow (4,202) (5,081) (7,331) (9,581) (12,112) (16,331) (21,112) (23,362) (23,362) (23,362) (23,362) Balance At End Of Fiscal Year 188,304$ 263,304$ 388,304$ 463,304$ 613,304$ 838,304$ 1,038,304$ 1,038,304$ 1,038,304$ 1,038,304$ 1,038,304$ 324-C2302 Rebuild Sw Admin Complex Balance At Beginning Of Fiscal Year 8,594,027$ 15,329,270$ 16,645,042$ 19,145,042$ 5,645,042$ 645,042$ 145,042$ 145,042$ 145,042$ 145,042$ 145,042$ Annual Revenues 6,750,443 2,041,669 3,046,364 6,196,404 796,370 97,026 - - - - - Less: Annual Expenses - - - - - - - - - - - Less: Payment Of Debt Service - - - - - - - - - - - City of Clearwater | FY 2024 Solid Waste Recycling Revenue Sufficiency Analysis Stantec | Appendix: Supporting Financial Schedules Detailed Funding by Fund Schedule 10 FY 2024 FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 FY 2032 FY 2033 FY 2034 Subtotal 15,344,470$ 17,370,939$ 19,691,405$ 25,341,446$ 6,441,412$ 742,068$ 145,042$ 145,042$ 145,042$ 145,042$ 145,042$ Less: Restricted Funds - - - - - - - - - - - Total Amount Available For Projects 15,344,470$ 17,370,939$ 19,691,405$ 25,341,446$ 6,441,412$ 742,068$ 145,042$ 145,042$ 145,042$ 145,042$ 145,042$ Amount Paid For Projects (15,200) (725,897) (546,364) (19,696,404) (5,796,370) (597,026) - - - - - Subtotal 15,329,270$ 16,645,042$ 19,145,042$ 5,645,042$ 645,042$ 145,042$ 145,042$ 145,042$ 145,042$ 145,042$ 145,042$ Add Back: Restricted Funds - - - - - - - - - - - Plus: Interest Earnings 269,137 359,711 402,638 278,888 70,763 8,888 3,263 3,263 3,263 3,263 3,263 Less: Interest Allocated To Cash Flow (269,137) (359,711) (402,638) (278,888) (70,763) (8,888) (3,263) (3,263) (3,263) (3,263) (3,263) Balance At End Of Fiscal Year 15,329,270$ 16,645,042$ 19,145,042$ 5,645,042$ 645,042$ 145,042$ 145,042$ 145,042$ 145,042$ 145,042$ 145,042$ 324-C24Xx New Truck Wash At Admin Complex Balance At Beginning Of Fiscal Year -$ 905,737$ 580,737$ 580,737$ 580,737$ 580,737$ 580,737$ 580,737$ 580,737$ 580,737$ 580,737$ Annual Revenues1 1,160,711 19,793 - - - - - - - - - Less: Annual Expenses - - - - - - - - - - - Less: Payment Of Debt Service - - - - - - - - - - - Subtotal 1,160,711$ 925,530$ 580,737$ 580,737$ 580,737$ 580,737$ 580,737$ 580,737$ 580,737$ 580,737$ 580,737$ Less: Restricted Funds - - - - - - - - - - - Total Amount Available For Projects 1,160,711$ 925,530$ 580,737$ 580,737$ 580,737$ 580,737$ 580,737$ 580,737$ 580,737$ 580,737$ 580,737$ Amount Paid For Projects (254,973) (344,793) - - - - - - - - - Subtotal 905,737$ 580,737$ 580,737$ 580,737$ 580,737$ 580,737$ 580,737$ 580,737$ 580,737$ 580,737$ 580,737$ Add Back: Restricted Funds - - - - - - - - - - - Plus: Interest Earnings 10,190 16,723 13,067 13,067 13,067 13,067 13,067 13,067 13,067 13,067 13,067 Less: Interest Allocated To Cash Flow (10,190) (16,723) (13,067) (13,067) (13,067) (13,067) (13,067) (13,067) (13,067) (13,067) (13,067) Balance At End Of Fiscal Year 905,737$ 580,737$ 580,737$ 580,737$ 580,737$ 580,737$ 580,737$ 580,737$ 580,737$ 580,737$ 580,737$ Revenue Fund Balance At Beginning Of Fiscal Year 40,045,605$ 34,832,382$ 35,830,264$ 35,437,960$ 31,046,813$ 31,164,410$ 31,546,089$ 30,755,366$ 29,361,681$ 27,075,340$ 23,803,755$ Net Cash Flow (5,213,223) 997,882 (392,304) (4,391,147) 117,597 381,679 (237,280) (760,300) (1,633,954) (2,599,627) (3,665,391) Less: Cash-Funded Capital Projects - - - - - - (553,443) (633,385) (652,387) (671,958) (692,117) Less: Payment Of Debt Service - - - - - - - - - - - Subtotal 34,832,382$ 35,830,264$ 35,437,960$ 31,046,813$ 31,164,410$ 31,546,089$ 30,755,366$ 29,361,681$ 27,075,340$ 23,803,755$ 19,446,247$ Less: Restricted Funds (13,509,378) (14,406,772) (15,175,957) (15,989,305) (16,849,710) (17,760,091) (18,723,559) (19,743,431) (20,823,243) (21,966,770) (19,446,247) Total Amount Available For Projects 21,323,005$ 21,423,492$ 20,262,003$ 15,057,509$ 14,314,700$ 13,785,998$ 12,031,807$ 9,618,250$ 6,252,097$ 1,836,985$ -$ Amount Paid For Projects - - - - - - - - - - - Subtotal 21,323,005$ 21,423,492$ 20,262,003$ 15,057,509$ 14,314,700$ 13,785,998$ 12,031,807$ 9,618,250$ 6,252,097$ 1,836,985$ -$ Add Back: Restricted Funds 13,509,378 14,406,772 15,175,957 15,989,305 16,849,710 17,760,091 18,723,559 19,743,431 20,823,243 21,966,770 19,446,247 Plus: Interest Earnings 842,377 794,955 801,768 747,954 699,876 705,493 700,891 676,317 634,916 572,390 486,563 Less: Interest Allocated To Cash Flow (842,377) (794,955) (801,768) (747,954) (699,876) (705,493) (700,891) (676,317) (634,916) (572,390) (486,563) Balance At End Of Fiscal Year 34,832,382$ 35,830,264$ 35,437,960$ 31,046,813$ 31,164,410$ 31,546,089$ 30,755,366$ 29,361,681$ 27,075,340$ 23,803,755$ 19,446,247$ 1 Surplus funds from the Transfer Station Upgrade & Retrofit fund were transferred into Truck Wash at Admin Complex fund per direction from City staff on 4/16/2024. City of Clearwater | FY 2024 Solid Waste Recycling Revenue Sufficiency Analysis Stantec | Business Impact Es�mate This Business Impact Es�mate is provided in accordance with sec�on 166.041(4), Florida Statutes. If one or more boxes are checked below, this means the city of Clearwater is of the view that a business impact es�mate is not required by state law for the proposed ordinance. This Business Impact Es�mate may be revised following its ini�al pos�ng. ☐ The proposed ordinance is required for compliance with Federal or State law or regula�on; ☐ The proposed ordinance relates to the issuance or refinancing of debt; ☐ The proposed ordinance relates to the adop�on of budgets or budget amendments, including revenue sources necessary to fund the budget; ☐ The proposed ordinance is required to implement a contract or an agreement, including, but not limited to, any Federal, State, local, or private grant or other financial assistance accepted by the municipal government; ☐ The proposed ordinance is an emergency ordinance; ☐ The ordinance relates to procurement; or ☐ The proposed ordinance is enacted to implement the following: a. Development orders and development permits, as those terms are defined in s. 163.3164, and development agreements, as authorized by the Florida Local Government Development Agreement Act under ss. 163.3220-163.3243; b. Comprehensive plan amendments and land development regulation amendments initiated by an application by a private party other than the municipality; c. Sections 190.005 and 190.046; d. Section 553.73, relating to the Florida Building Code; or e. Section 633.202, relating to the Florida Fire Prevention Code. Proposed ordinance’s �tle: Amend Appendix A, Clearwater Code of Ordinances, Schedule of Fees, Rates and Charges, Ar�cle XXIV, Public Works Fees, Rates and Charges, Sec�on (3)(c) Solid Waste Collec�on Rates, Sec�on (3)(d) Recycling Rates, and Sec�on (5) Other Miscellaneous Charges; Increase specific collec�on fees for Solid Waste and Recycling annually by 3.75% effec�ve October 1, 2024, October 1, 2025, October 1, 2026, October 1, 2027, and October 1, 2028. In accordance with the provisions of controlling law, even notwithstanding the fact that an exemp�on noted above may apply, the city of Clearwater hereby publishes the following informa�on: 1. Summary of the proposed ordinance (must include a statement of the public purpose, such as serving the public health, safety, morals and welfare): Adop�ng a five-year schedule of solid waste and recycling u�lity rates pursuant to a Revenue Sufficiency Analysis completed by Stantec. The rate increases are required to fund projected opera�ng and capital needs of the Solid Waste and Recycling U�lity, necessary for the public purposes of public health and welfare. 2. An es�mate of the direct economic impact of the proposed ordinance on private, for-profit businesses in the city of Clearwater, if any: Businesses will be subject to an annual 3.75% increase in solid waste and recycling u�lity fees on October 1 of the years 2024 thru 2028. Total es�mated impact on all city private business combined ranges from $625 thousand in year 1 to $724 thousand in year 5 for the five annual rate increases. 3. Good faith es�mate of the number of businesses likely to be impacted by the proposed ordinance: 3,121 for solid waste fees and 1,767 for recycling fees. 4. Addi�onal informa�on the governing body deems useful (if any): n/a 1 Solid Waste & Recycling FY 24 RSA Update City of Clearwater CITY OF CLEARWATER FY 24 SOLID WASTE RSA UPDATE2 FY 20 FY 21 FY 223 FY 233 FY 243 FY 25 FY 26 FY 27 FY 28 FY 29 Solid Waste2 3.75%3.75%3.75%3.75%3.75%3.75%3.75%3.75%3.75%3.75% Monthly Impact $1.43 $1.49 $1.54 $1.60 $1.65 Adjustments previously approved by Council and in effect 1 For current consideration Previously Approved 5-Yr Rate Plan 1 FY 2019 RSA identified the current five-year rate plan. 2 Applicable to solid waste, recycling and roll-off rates. 3 FY 2021 RSA confirmed the need to maintain the 3.75% annual rate plan already approved. Higher Operating & Capital Costs FY 2021 study’s assumptions shown in blue for comparison purposes. Operating costs projected to increase faster due to higher inflationary pressures Cost Escalation Factors Update Tipping / Dump fee 8.0% (6.0%) Internal Service Charges 5.0% (3.0%) Pay (5.0%) (4.5%)KEY CHANGES IN FY 24 SOLID WASTE RSA UPDATE3 $10.0 $15.0 $20.0 $25.0 $30.0 $35.0 $40.0 $45.0 FY 2024 FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031MillionsOperating Costs Comparison FY 24 Study FY 21 Study $28.24 $20.65 $0.0 $5.0 $10.0 $15.0 $20.0 $25.0 $30.0 Millions10-Year Capital Costs Comparison FY 24 Study FY 21 Study Capital needs are $7M + larger CITY OF CLEARWATER FY 24 SOLID WASTE RSA UPDATE4 FY 20 FY 21 FY 223 FY 233 FY 243 FY 25 FY 26 FY 27 FY 28 FY 29 Solid Waste2 3.75%3.75%3.75%3.75%3.75%3.75%3.75%3.75%3.75%3.75% Monthly Impact $1.43 $1.49 $1.54 $1.60 $1.65 Adjustments previously approved by Council and in effect 1 For current consideration Proposed 5-Yr Rate Plan 1 FY 2019 RSA identified the current five-year rate plan. 2 Applicable to solid waste, recycling and roll-off rates. 3 FY 2021 RSA confirmed the need to maintain the 3.75% annual rate plan already approved. Residential Monthly Bill Comparison 5 *Reflects public information as available for FY 25 rate adjustments and assumes no rate adjustments for entities for which guidance is not yet available. Average increase in monthly bill for surrounding area is 8% and $2.50 $18.05 $20.00 $22.76 $23.30 $29.11 $32.36 $32.69 $34.91 $36.46 $38.13 $55.57 Pinellas Park Oldsmar Dunedin Largo Pasco County St. Petersburg Gulfport Tampa Hillsborough County Clearwater Belleair FY 24 $18.05 $20.00 $23.67 $27.96 $29.11 $34.22 $34.65 $38.23 $39.56 $39.81 $55.57 Pinellas Park Oldsmar Dunedin Largo Pasco County St. Petersburg Gulfport Tampa Clearwater Hillsborough County Belleair FY 25 Recommendations Adopt the proposed 5-year rate plan in support of needed infrastructure investments, compliance with regulatory requirements and maintaining current levels of service. Continue to perform regular RSA updates for long term sustainability, in the past city has adjusted previously approve rate increases when data and assumptions materially change. Monthly Impact By Fiscal Year Current FY 25 FY 26 FY 27 FY 28 FY 29 Solid Waste & Recycling $38.13 $39.56 $41.05 $42.59 $44.19 $45.84 $ Change $1.43 $1.49 $1.54 $1.60 $1.65 % Change 3.75%3.75%3.75%3.75%3.75% Questions? Leticia Doohaluk Senior Manager Leticia.Doohaluk@stantec.com 8 Solid Waste & Recycling FY 24 RSA Update City of Clearwater Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9790-24 Agenda Date: 9/4/2024 Status: Public HearingVersion: 1 File Type: OrdinanceIn Control: Police Department Agenda Number: 7.6 SUBJECT/RECOMMENDATION: Amend the Clearwater Community Development Code, Section 3-1508, relating to the regulation of noise and pass Ordinance 9790-24 on first reading. SUMMARY: The police department is the primary city department that is tasked with addressing complaints of excessive noise. Section 3-1508- Noise was last amended on August 7, 2014. Since the last amendment, growth and development within the city has caused a need to amend the ordinance to adhere with the current public needs regarding noise regulations. Certain items are recommended to be changed in the ordinance such as the operation of any blower fan or power fan will now only be allowed between 7 a.m. and 6 p.m. The revision to the ordinance also creates clarity that a person or entity can be issued a violation. STRATEGIC PRIORITY: 1.4 Foster safe and healthy communities in Clearwater through first-class public safety and emergency response services Page 1 City of Clearwater Printed on 9/3/2024 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#24-0912 Agenda Date: 9/4/2024 Status: Public HearingVersion: 1 File Type: Action ItemIn Control: Marine & Aviation Agenda Number: 7.7 SUBJECT/RECOMMENDATION: Approve the Joint Participation Agreement (JPA) G3137 between the City of Clearwater and the State of Florida Department of Transportation (FDOT), Construction of Terminal and FBO Building at the Clearwater Airpark, authorize the appropriate officials to execute same, and adopt Resolution 24-12. SUMMARY: On January 12, 2023, City Council approved the Lease and Property Operating Agreement (Operating Agreement) with FlyUSA to manage the Clearwater Airpark, and subsequently approved the First Amendment to the Lease and Property Operating Agreement on March 7, 2024. As part of the public-private partnership, the City and FlyUSA seek to redevelop the Terminal and FBO building. In accordance with the Operating Agreement, specifically article 12, the City and FlyUSA agreed to seek FDOT funding to support capital improvements such as the Terminal and FBO building. Additionally, the City committed in the agreement to pay a maximum of $750,000 towards the Airpark terminal and cover, subject to reimbursement by FlyUSA, the cash match associated with any FDOT grant funding. FDOT JPA Agreement G3137 provides for a $1,500,000 grant for the construction of a new terminal and FBO building, with a $1,500,000 cash match. The $1,500,000 cash match associated with FDOT JPA Agreement G3137 will be covered by Penny for Pinellas funding providing $760,000, and Airpark Reserves providing $740,000. As stated, FlyUSA will reimburse the City for $750,000 of the cash match portion in accordance with the Operating Agreement. The estimated cost to redevelop the terminal and FBO building is $6,000,000. The City intends to seek additional grant dollars from FDOT in the next grant cycle. FlyUSA is responsible to reimburse the City for any additional cash match for grants or cover 100% of the remaining costs to redevelop the terminal and FBO building if no additional FDOT grants are awarded. APPROPRIATION CODE AND AMOUNT: A third quarter budget amendment will increase capital improvement project 302-G2307, Aviation Operation Center, by $2,250,000 recognizing $1,500,000 in grant funding and $750,000 in reimbursement revenues. USE OF RESERVE FUNDS: Airpark reserves of $740,000 will be allocated to capital improvement project G2307 and will be replenished with reimbursement from FlyUSA. STRATEGIC PRIORITY: High Performing Government 1.2 Maintain public infrastructure, mobility systems, natural lands, environmental resources, and historic features through systematic management efforts. Economic & Housing Opportunity 2.2 Cultivate a business climate that welcomes entrepreneurship, inspires local investment, supports Page 1 City of Clearwater Printed on 9/3/2024 File Number: ID#24-0912 eco-friendly enterprises, and encourages high-quality job growth. 2.3 Promote Clearwater as a premier destination for entertainment, cultural experiences, tourism, and national sporting events. Page 2 City of Clearwater Printed on 9/3/2024 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 07/22 Financial Project Number(s): (item-segment-phase-sequence) Fund(s): DDR FLAIR Category: 088719 450563-1-94-01 Work Activity Code/Function: 215 Object Code: 751000 Federal Number/Federal Award Identification Number (FAIN) – Transit only: N/A Org. Code: 55072020728 Vendor Number: VF596000800011 Contract Number: G3137 Federal Award Date: N/A CFDA Number: N/A Agency SAM/UEI Number: CFDA Title: N/A CSFA Number: 55.004 CSFA Title: Aviation Grant Program THIS PUBLIC TRANSPORTATION GRANT AGREEMENT (“Agreement”) is entered into _ __ _, by and between the State of Florida, Department of Transportation, (“Department”), and City of Clearwater, (“Agency”). The Department and the Agency are sometimes referred to in this Agreement as a “Party” and collectively as the “Parties.” NOW, THEREFORE, in consideration of the mutual benefits to be derived from joint participation on the Project, the Parties agree to the following: 1. Authority. The Agency, by Resolution or other form of official authorization, a copy of which is attached as Exhibit “D”, Agency Resolution and made a part of this Agreement, has authorized its officers to execute this Agreement on its behalf. The Department has the authority pursuant to Section(s) 332.007, Florida Statutes, to enter into this Agreement. 2. Purpose of Agreement. The purpose of this Agreement is to provide for the Department’s participation in Construct new terminal. , as further described in Exhibit "A", Project Description and Responsibilities, attached and incorporated into this Agreement (“Project”), to provide Department financial assistance to the Agency, state the terms and conditions upon which Department funds will be provided, and to set forth the manner in which the Project will be undertaken and completed. 3. Program Area. For identification purposes only, this Agreement is implemented as part of the Department program area selected below (select all programs that apply): X Aviation Seaports Transit Intermodal Rail Crossing Closure Match to Direct Federal Funding (Aviation or Transit) (Note: Section 15 and Exhibit G do not apply to federally matched funding) Other 4. Exhibits. The following Exhibits are attached and incorporated into this Agreement: X Exhibit A: Project Description and Responsibilities X Exhibit B: Schedule of Financial Assistance *Exhibit B1: Deferred Reimbursement Financial Provisions *Exhibit B2: Advance Payment Financial Provisions *Exhibit B3: Alternative Advanced Pay (Transit Bus Program) X *Exhibit C: Terms and Conditions of Construction X Exhibit D: Agency Resolution X Exhibit E: Program Specific Terms and Conditions X Exhibit F: Contract Payment Requirements X *Exhibit G: Audit Requirements for Awards of State Financial Assistance *Exhibit H: Audit Requirements for Awards of Federal Financial Assistance Page 1 of 37 Docusign Envelope ID: E2036F32-603C-45D0-8675-933D471AE560 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 07/22 *Exhibit I: Certification of Disbursement of Payment to Vehicle and/or Equipment Vendor *Additional Exhibit(s): *Indicates that the Exhibit is only attached and incorporated if applicable box is selected. 5. Time. Unless specified otherwise, all references to “days” within this Agreement refer to calendar days. 6. Term of Agreement. This Agreement shall commence upon full execution by both Parties (“Effective Date”) and continue through June 30, 2028. If the Agency does not complete the Project within this time period, this Agreement will expire unless an extension of the time period is requested by the Agency and granted in writing by the Department prior to the expiration of this Agreement. Expiration of this Agreement will be considered termination of the Project. The cost of any work performed prior to the Effective Date or after the expiration date of this Agreement will not be reimbursed by the Department. a. If this box is checked the following provision applies: Unless terminated earlier, work on the Project shall commence no later than the day of , or within days of the issuance of the Notice to Proceed for the construction phase of the Project (if the Project involves construction), whichever date is earlier. The Department shall have the option to immediately terminate this Agreement should the Agency fail to meet the above-required dates. 7. Amendments, Extensions, and Assignment. This Agreement may be amended or extended upon mutual written agreement of the Parties. This Agreement shall not be renewed. This Agreement shall not be assigned, transferred, or otherwise encumbered by the Agency under any circumstances without the prior written consent of the Department. 8. Termination or Suspension of Project. The Department may, by written notice to the Agency, suspend any or all of the Department’s obligations under this Agreement for the Agency’s failure to comply with applicable law or the terms of this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected. a. Notwithstanding any other provision of this Agreement, if the Department intends to terminate the Agreement, the Department shall notify the Agency of such termination in writing at least thirty (30) days prior to the termination of the Agreement, with instructions to the effective date of termination or specify the stage of work at which the Agreement is to be terminated. b. The Parties to this Agreement may terminate this Agreement when its continuation would not produce beneficial results commensurate with the further expenditure of funds. In this event, the Parties shall agree upon the termination conditions. c. If the Agreement is terminated before performance is completed, the Agency shall be paid only for that work satisfactorily performed for which costs can be substantiated. Such payment, however, may not exceed the equivalent percentage of the Department’s maximum financial assistance. If any portion of the Project is located on the Department’s right-of-way, then all work in progress on the Department right-of-way will become the property of the Department and will be turned over promptly by the Agency. d. In the event the Agency fails to perform or honor the requirements and provisions of this Agreement, the Agency shall promptly refund in full to the Department within thirty (30) days of the termination of the Agreement any funds that were determined by the Department to have been expended in violation of the Agreement. e. The Department reserves the right to unilaterally cancel this Agreement for failure by the Agency to comply with the Public Records provisions of Chapter 119, Florida Statutes. Page 2 of 37 Docusign Envelope ID: E2036F32-603C-45D0-8675-933D471AE560 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 07/22 9. Project Cost: a. The estimated total cost of the Project is $3,000,000. This amount is based upon Exhibit "B", Schedule of Financial Assistance. The timeline for deliverables and distribution of estimated amounts between deliverables within a grant phase, as outlined in Exhibit "B", Schedule of Financial Assistance, may be modified by mutual written agreement of the Parties and does not require execution of an Amendment to the Public Transportation Grant Agreement. The timeline for deliverables and distribution of estimated amounts between grant phases requires an amendment executed by both Parties in the same form as this Agreement. b. The Department agrees to participate in the Project cost up to the maximum amount of $1,500,000 and, the Department’s participation in the Project shall not exceed 50.00% of the total eligible cost of the Project, and as more fully described in Exhibit “B’’, Schedule of Financial Assistance. The Agency agrees to bear all expenses in excess of the amount of the Department’s participation and any cost overruns or deficits involved. 10. Compensation and Payment: a. Eligible Cost. The Department shall reimburse the Agency for allowable costs incurred as described in Exhibit “A”, Project Description and Responsibilities, and as set forth in Exhibit “B”, Schedule of Financial Assistance. b. Deliverables. The Agency shall provide quantifiable, measurable, and verifiable units of deliverables. Each deliverable must specify the required minimum level of service to be performed and the criteria for evaluating successful completion. The Project and the quantifiable, measurable, and verifiable units of deliverables are described more fully in Exhibit “A”, Project Description and Responsibilities. Modifications to the deliverables in Exhibit “A”, Project Description and Responsibilities requires a formal written amendment. c. Invoicing. Invoices shall be submitted no more often than monthly by the Agency in detail sufficient for a proper pre-audit and post-audit, based on the quantifiable, measurable, and verifiable deliverables as established in Exhibit “A”, Project Description and Responsibilities. Deliverables and costs incurred must be received and approved by the Department prior to reimbursement. Requests for reimbursement by the Agency shall include an invoice, progress report, and supporting documentation for the deliverables being billed that are acceptable to the Department. The Agency shall use the format for the invoice and progress report that is approved by the Department. d. Supporting Documentation. Supporting documentation must establish that the deliverables were received and accepted in writing by the Agency and must also establish that the required minimum standards or level of service to be performed based on the criteria for evaluating successful completion as specified in Exhibit “A”, Project Description and Responsibilities has been met. All costs invoiced shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers evidencing in proper detail the nature and propriety of charges as described in Exhibit “F”, Contract Payment Requirements. e. Travel Expenses. The selected provision below is controlling regarding travel expenses: X Travel expenses are NOT eligible for reimbursement under this Agreement. Travel expenses ARE eligible for reimbursement under this Agreement. Bills for travel expenses specifically authorized in this Agreement shall be submitted on the Department’s Contractor Travel Form No. 300-000-06 and will be paid in accordance with Section 112.061, Florida Statutes, and the most current version of the Department’s Disbursement Handbook for Employees and Managers. Page 3 of 37 Docusign Envelope ID: E2036F32-603C-45D0-8675-933D471AE560 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 07/22 f. Financial Consequences. Payment shall be made only after receipt and approval of deliverables and costs incurred unless advance payments are authorized by the Chief Financial Officer of the State of Florida under Chapters 215 and 216, Florida Statutes, or the Department’s Comptroller under Section 334.044(29), Florida Statutes. If the Department determines that the performance of the Agency is unsatisfactory, the Department shall notify the Agency of the deficiency to be corrected, which correction shall be made within a time- frame to be specified by the Department. The Agency shall, within thirty (30) days after notice from the Department, provide the Department with a corrective action plan describing how the Agency will address all issues of contract non-performance, unacceptable performance, failure to meet the minimum performance levels, deliverable deficiencies, or contract non- compliance. If the corrective action plan is unacceptable to the Department, the Agency will not be reimbursed. If the deficiency is subsequently resolved, the Agency may bill the Department for the amount that was previously not reimbursed during the next billing period. If the Agency is unable to resolve the deficiency, the funds shall be forfeited at the end of the Agreement’s term. g. Invoice Processing. An Agency receiving financial assistance from the Department should be aware of the following time frames. Inspection or verification and approval of deliverables shall take no longer than 20 days from the Department’s receipt of the invoice. The Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the deliverables are received, inspected or verified, and approved. If a payment is not available within 40 days, a separate interest penalty at a rate as established pursuant to Section 55.03(1), Florida Statutes, will be due and payable, in addition to the invoice amount, to the Agency. Interest penalties of less than one (1) dollar will not be enforced unless the Agency requests payment. Invoices that have to be returned to an Agency because of Agency preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for Agency who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 413-5516. h. Records Retention. The Agency shall maintain an accounting system or separate accounts to ensure funds and projects are tracked separately. Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for five years after final payment is made. Copies of these records shall be furnished to the Department upon request. Records of costs incurred include the Agency's general accounting records and the Project records, together with supporting documents and records, of the Contractor and all subcontractors performing work on the Project, and all other records of the Contractor and subcontractors considered necessary by the Department for a proper audit of costs. i. Progress Reports. Upon request, the Agency agrees to provide progress reports to the Department in the standard format used by the Department and at intervals established by the Department. The Department will be entitled at all times to be advised, at its request, as to the status of the Project and of details thereof. j. Submission of Other Documents. The Agency shall submit to the Department such data, reports, records, contracts, and other documents relating to the Project as the Department may require as listed in Exhibit "E", Program Specific Terms and Conditions attached to and incorporated into this Agreement. Page 4 of 37 Docusign Envelope ID: E2036F32-603C-45D0-8675-933D471AE560 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 07/22 k. Offsets for Claims. If, after Project completion, any claim is made by the Department resulting from an audit or for work or services performed pursuant to this Agreement, the Department may offset such amount from payments due for work or services done under any agreement that it has with the Agency owing such amount if, upon written demand, payment of the amount is not made within 60 days to the Department. Offsetting any amount pursuant to this paragraph shall not be considered a breach of contract by the Department. l. Final Invoice. The Agency must submit the final invoice on the Project to the Department within 120 days after the completion of the Project. Invoices submitted after the 120-day time period may not be paid. m. Department’s Performance and Payment Contingent Upon Annual Appropriation by the Legislature. The Department’s performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. If the Department's funding for this Project is in multiple fiscal years, a notice of availability of funds from the Department’s project manager must be received prior to costs being incurred by the Agency. See Exhibit “B”, Schedule of Financial Assistance for funding levels by fiscal year. Project costs utilizing any fiscal year funds are not eligible for reimbursement if incurred prior to funds approval being received. The Department will notify the Agency, in writing, when funds are available. n. Limits on Contracts Exceeding $25,000 and Term more than 1 Year. In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated: "The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of $25,000 and which have a term for a period of more than 1 year." o. Agency Obligation to Refund Department. Any Project funds made available by the Department pursuant to this Agreement that are determined by the Department to have been expended by the Agency in violation of this Agreement or any other applicable law or regulation shall be promptly refunded in full to the Department. Acceptance by the Department of any documentation or certifications, mandatory or otherwise permitted, that the Agency files shall not constitute a waiver of the Department's rights as the funding agency to verify all information at a later date by audit or investigation. p. Non-Eligible Costs. In determining the amount of the payment, the Department will exclude all Project costs incurred by the Agency prior to the execution of this Agreement, costs incurred after the expiration of the Agreement, costs that are not provided for in Exhibit “A”, Project Description and Responsibilities, and as set forth in Exhibit “B”, Schedule of Financial Assistance, costs agreed to be borne by the Agency or its contractors and subcontractors for not meeting the Project commencement and final invoice time lines, and costs attributable to goods or services received under a contract or other arrangement that has not been approved Page 5 of 37 Docusign Envelope ID: E2036F32-603C-45D0-8675-933D471AE560 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 07/22 in writing by the Department. Specific unallowable costs may be listed in Exhibit “A”, Project Description and Responsibilities. 11. General Requirements. The Agency shall complete the Project with all practical dispatch in a sound, economical, and efficient manner, and in accordance with the provisions in this Agreement and all applicable laws. a. Necessary Permits Certification. The Agency shall certify to the Department that the Agency’s design consultant and/or construction contractor has secured the necessary permits. b. Right-of-Way Certification. If the Project involves construction, then the Agency shall provide to the Department certification and a copy of appropriate documentation substantiating that all required right-of-way necessary for the Project has been obtained. Certification is required prior to authorization for advertisement for or solicitation of bids for construction of the Project, even if no right-of-way is required. c. Notification Requirements When Performing Construction on Department’s Right-of- Way. In the event the cost of the Project is greater than $250,000.00, and the Project involves construction on the Department’s right-of-way, the Agency shall provide the Department with written notification of either its intent to: i. Require the construction work of the Project that is on the Department’s right-of-way to be performed by a Department prequalified contractor, or ii. Construct the Project utilizing existing Agency employees, if the Agency can complete said Project within the time frame set forth in this Agreement. d. If this box is checked, then the Agency is permitted to utilize its own forces and the following provision applies: Use of Agency Workforce. In the event the Agency proceeds with any phase of the Project utilizing its own forces, the Agency will only be reimbursed for direct costs (this excludes general overhead). e. If this box is checked, then the Agency is permitted to utilize Indirect Costs: Reimbursement for Indirect Program Expenses (select one): i. Agency has selected to seek reimbursement from the Department for actual indirect expenses (no rate). ii. Agency has selected to apply a de minimus rate of 10% to modified total direct costs. Note: The de minimus rate is available only to entities that have never had a negotiated indirect cost rate. When selected, the de minimus rate must be used consistently for all federal awards until such time the agency chooses to negotiate a rate. A cost policy statement and de minimis certification form must be submitted to the Department for review and approval. iii. Agency has selected to apply a state or federally approved indirect cost rate. A federally approved rate agreement or indirect cost allocation plan (ICAP) must be submitted annually. f. Agency Compliance with Laws, Rules, and Regulations, Guidelines, and Standards. The Agency shall comply and require its contractors and subcontractors to comply with all terms and conditions of this Agreement and all federal, state, and local laws and regulations applicable to this Project. g. Claims and Requests for Additional Work. The Agency shall have the sole responsibility for resolving claims and requests for additional work for the Project. The Agency will make Page 6 of 37 Docusign Envelope ID: E2036F32-603C-45D0-8675-933D471AE560 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 07/22 best efforts to obtain the Department’s input in its decisions. The Department is not obligated to reimburse for claims or requests for additional work. 12. Contracts of the Agency: a. Approval of Third Party Contracts. The Department specifically reserves the right to review and approve any and all third party contracts with respect to the Project before the Agency executes or obligates itself in any manner requiring the disbursement of Department funds, including consultant and purchase of commodities contracts, or amendments thereto. If the Department chooses to review and approve third party contracts for this Project and the Agency fails to obtain such approval, that shall be sufficient cause for nonpayment by the Department. The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the employment of the same. If Federal Transit Administration (FTA) funds are used in the Project, the Department must exercise the right to third party contract review. b. Procurement of Commodities or Contractual Services. It is understood and agreed by the Parties hereto that participation by the Department in a project with the Agency, where said project involves the purchase of commodities or contractual services where purchases or costs exceed the Threshold Amount for CATEGORY TWO per Section 287.017, Florida Statutes, is contingent on the Agency complying in full with the provisions of Section 287.057, Florida Statutes. The Agency’s Authorized Official shall certify to the Department that the Agency’s purchase of commodities or contractual services has been accomplished in compliance with Section 287.057, Florida Statutes. It shall be the sole responsibility of the Agency to ensure that any obligations made in accordance with this Section comply with the current threshold limits. Contracts, purchase orders, task orders, construction change orders, or any other agreement that would result in exceeding the current budget contained in Exhibit "B", Schedule of Financial Assistance, or that is not consistent with the Project description and scope of services contained in Exhibit "A", Project Description and Responsibilities must be approved by the Department prior to Agency execution. Failure to obtain such approval, and subsequent execution of an amendment to the Agreement if required, shall be sufficient cause for nonpayment by the Department, in accordance with this Agreement. c. Consultants’ Competitive Negotiation Act. It is understood and agreed by the Parties to this Agreement that participation by the Department in a project with the Agency, where said project involves a consultant contract for professional services, is contingent on the Agency’s full compliance with provisions of Section 287.055, Florida Statutes, Consultants’ Competitive Negotiation Act. In all cases, the Agency’s Authorized Official shall certify to the Department that selection has been accomplished in compliance with the Consultants’ Competitive Negotiation Act. d. Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the Department that DBEs, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The Agency and its contractors agree to ensure that DBEs have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that the DBEs have the opportunity to compete for and perform contracts. The Agency and its contractors and subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. 13. Maintenance Obligations. In the event the Project includes construction or the acquisition of commodities then the following provisions are incorporated into this Agreement: Page 7 of 37 Docusign Envelope ID: E2036F32-603C-45D0-8675-933D471AE560 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 07/22 a. The Agency agrees to accept all future maintenance and other attendant costs occurring after completion of the Project for all improvements constructed or commodities acquired as part of the Project. The terms of this provision shall survive the termination of this Agreement. 14. Sale, Transfer, or Disposal of Department-funded Property: a. The Agency will not sell or otherwise transfer or dispose of any part of its title or other interests in real property, facilities, or equipment funded in any part by the Department under this Agreement without prior written approval by the Department. b. If a sale, transfer, or disposal by the Agency of all or a portion of Department-funded real property, facilities, or equipment is approved by the Department, the following provisions will apply: i. The Agency shall reimburse the Department a proportional amount of the proceeds of the sale of any Department-funded property. ii. The proportional amount shall be determined on the basis of the ratio of the Department funding of the development or acquisition of the property multiplied against the sale amount, and shall be remitted to the Department within ninety (90) days of closing of sale. iii. Sale of property developed or acquired with Department funds shall be at market value as determined by appraisal or public bidding process, and the contract and process for sale must be approved in advance by the Department. iv. If any portion of the proceeds from the sale to the Agency are non-cash considerations, reimbursement to the Department shall include a proportional amount based on the value of the non-cash considerations. c. The terms of provisions “a” and “b” above shall survive the termination of this Agreement. i. The terms shall remain in full force and effect throughout the useful life of facilities developed, equipment acquired, or Project items installed within a facility, but shall not exceed twenty (20) years from the effective date of this Agreement. ii. There shall be no limit on the duration of the terms with respect to real property acquired with Department funds. 15. Single Audit. The administration of Federal or State resources awarded through the Department to the Agency by this Agreement may be subject to audits and/or monitoring by the Department. The following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of Federal awards or State financial assistance or limit the authority of any state agency inspector general, the State of Florida Auditor General, or any other state official. The Agency shall comply with all audit and audit reporting requirements as specified below. Federal Funded: a. In addition to reviews of audits conducted in accordance with 2 CFR Part 200, Subpart F – Audit Requirements, monitoring procedures may include but not be limited to on-site visits by Department staff and/or other procedures, including reviewing any required performance and financial reports, following up, ensuring corrective action, and issuing management decisions on weaknesses found through audits when those findings pertain to Federal awards provided through the Department by this Agreement. By entering into this Agreement, the Agency agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. The Agency further agrees to comply and cooperate with any Page 8 of 37 Docusign Envelope ID: E2036F32-603C-45D0-8675-933D471AE560 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 07/22 inspections, reviews, investigations, or audits deemed necessary by the Department, State of Florida Chief Financial Officer (CFO), or State of Florida Auditor General. b. The Agency, a non-Federal entity as defined by 2 CFR Part 200, Subpart F – Audit Requirements, as a subrecipient of a Federal award awarded by the Department through this Agreement, is subject to the following requirements: i. In the event the Agency expends a total amount of Federal awards equal to or in excess of the threshold established by 2 CFR Part 200, Subpart F – Audit Requirements, the Agency must have a Federal single or program-specific audit conducted for such fiscal year in accordance with the provisions of 2 CFR Part 200, Subpart F – Audit Requirements. Exhibit “H”, Audit Requirements for Awards of Federal Financial Assistance, to this Agreement provides the required Federal award identification information needed by the Agency to further comply with the requirements of 2 CFR Part 200, Subpart F – Audit Requirements. In determining Federal awards expended in a fiscal year, the Agency must consider all sources of Federal awards based on when the activity related to the Federal award occurs, including the Federal award provided through the Department by this Agreement. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by 2 CFR Part 200, Subpart F – Audit Requirements. An audit conducted by the State of Florida Auditor General in accordance with the provisions of 2 CFR Part 200, Subpart F – Audit Requirements, will meet the requirements of this part. ii. In connection with the audit requirements, the Agency shall fulfill the requirements relative to the auditee responsibilities as provided in 2 CFR Part 200, Subpart F – Audit Requirements. iii. In the event the Agency expends less than the threshold established by 2 CFR Part 200, Subpart F – Audit Requirements, in Federal awards, the Agency is exempt from Federal audit requirements for that fiscal year. However, the Agency must provide a single audit exemption statement to the Department at FDOTSingleAudit@dot.state.fl.us no later than nine months after the end of the Agency’s audit period for each applicable audit year. In the event the Agency expends less than the threshold established by 2 CFR Part 200, Subpart F – Audit Requirements, in Federal awards in a fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F – Audit Requirements, the cost of the audit must be paid from non-Federal resources (i.e., the cost of such an audit must be paid from the Agency’s resources obtained from other than Federal entities). iv. The Agency must electronically submit to the Federal Audit Clearinghouse (FAC) at https://harvester.census.gov/facweb/ the audit reporting package as required by 2 CFR Part 200, Subpart F – Audit Requirements, within the earlier of 30 calendar days after receipt of the auditor’s report(s) or nine months after the end of the audit period. The FAC is the repository of record for audits required by 2 CFR Part 200, Subpart F – Audit Requirements. However, the Department requires a copy of the audit reporting package also be submitted to FDOTSingleAudit@dot.state.fl.us within the earlier of 30 calendar days after receipt of the auditor’s report(s) or nine months after the end of the audit period as required by 2 CFR Part 200, Subpart F – Audit Requirements. v. Within six months of acceptance of the audit report by the FAC, the Department will review the Agency’s audit reporting package, including corrective action plans and management letters, to the extent necessary to determine whether timely and appropriate action on all deficiencies has been taken pertaining to the Federal award provided through the Department by this Agreement. If the Agency fails to have an Page 9 of 37 Docusign Envelope ID: E2036F32-603C-45D0-8675-933D471AE560 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 07/22 audit conducted in accordance with 2 CFR Part 200, Subpart F – Audit Requirements, the Department may impose additional conditions to remedy noncompliance. If the Department determines that noncompliance cannot be remedied by imposing additional conditions, the Department may take appropriate actions to enforce compliance, which actions may include but not be limited to the following: 1. Temporarily withhold cash payments pending correction of the deficiency by the Agency or more severe enforcement action by the Department; 2. Disallow (deny both use of funds and any applicable matching credit for) all or part of the cost of the activity or action not in compliance; 3. Wholly or partly suspend or terminate the Federal award; 4. Initiate suspension or debarment proceedings as authorized under 2 C.F.R. Part 180 and Federal awarding agency regulations (or in the case of the Department, recommend such a proceeding be initiated by the Federal awarding agency); 5. Withhold further Federal awards for the Project or program; 6. Take other remedies that may be legally available. vi. As a condition of receiving this Federal award, the Agency shall permit the Department or its designee, the CFO, or State of Florida Auditor General access to the Agency’s records, including financial statements, the independent auditor’s working papers, and project records as necessary. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is complete or the dispute is resolved. vii. The Department’s contact information for requirements under this part is as follows: Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0450 FDOTSingleAudit@dot.state.fl.us State Funded: a. In addition to reviews of audits conducted in accordance with Section 215.97, Florida Statutes, monitoring procedures to monitor the Agency’s use of state financial assistance may include but not be limited to on-site visits by Department staff and/or other procedures, including reviewing any required performance and financial reports, following up, ensuring corrective action, and issuing management decisions on weaknesses found through audits when those findings pertain to state financial assistance awarded through the Department by this Agreement. By entering into this Agreement, the Agency agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Department, the Department of Financial Services (DFS), or State of Florida Auditor General. b. The Agency, a “nonstate entity” as defined by Section 215.97, Florida Statutes, as a recipient of state financial assistance awarded by the Department through this Agreement, is subject to the following requirements: i. In the event the Agency meets the audit threshold requirements established by Section 215.97, Florida Statutes, the Agency must have a State single or project- specific audit conducted for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. Exhibit “G”, Audit Requirements for Awards of State Financial Assistance, to this Agreement indicates state financial Page 10 of 37 Docusign Envelope ID: E2036F32-603C-45D0-8675-933D471AE560 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 07/22 assistance awarded through the Department by this Agreement needed by the Agency to further comply with the requirements of Section 215.97, Florida Statutes. In determining the state financial assistance expended in a fiscal year, the Agency shall consider all sources of state financial assistance, including state financial assistance received from the Department by this Agreement, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. ii. In connection with the audit requirements, the Agency shall ensure that the audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(e), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. iii. In the event the Agency does not meet the audit threshold requirements established by Section 215.97, Florida Statutes, the Agency is exempt for such fiscal year from the state single audit requirements of Section 215.97, Florida Statutes. However, the Agency must provide a single audit exemption statement to the Department at FDOTSingleAudit@dot.state.fl.us no later than nine months after the end of the Agency’s audit period for each applicable audit year. In the event the Agency does not meet the audit threshold requirements established by Section 215.97, Florida Statutes, in a fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the Agency’s resources (i.e., the cost of such an audit must be paid from the Agency’s resources obtained from other than State entities). iv. In accordance with Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, copies of financial reporting packages required by this Agreement shall be submitted to: Florida Department of Transportation Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0405 FDOTSingleAudit@dot.state.fl.us And State of Florida Auditor General Local Government Audits/342 111 West Madison Street, Room 401 Tallahassee, FL 32399-1450 Email: flaudgen_localgovt@aud.state.fl.us v. Any copies of financial reporting packages, reports, or other information required to be submitted to the Department shall be submitted timely in accordance with Section 215.97, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. vi. The Agency, when submitting financial reporting packages to the Department for audits done in accordance with Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date the reporting package was delivered to the Agency in correspondence accompanying the reporting package. Page 11 of 37 Docusign Envelope ID: E2036F32-603C-45D0-8675-933D471AE560 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 07/22 vii. Upon receipt, and within six months, the Department will review the Agency’s financial reporting package, including corrective action plans and management letters, to the extent necessary to determine whether timely and appropriate corrective action on all deficiencies has been taken pertaining to the state financial assistance provided through the Department by this Agreement. If the Agency fails to have an audit conducted consistent with Section 215.97, Florida Statutes, the Department may take appropriate corrective action to enforce compliance. viii. As a condition of receiving state financial assistance, the Agency shall permit the Department or its designee, DFS, or the Auditor General access to the Agency’s records, including financial statements, the independent auditor’s working papers, and project records as necessary. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is complete or the dispute is resolved. c. The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five years from the date the audit report is issued and shall allow the Department or its designee, DFS, or State of Florida Auditor General access to such records upon request. The Agency shall ensure that the audit working papers are made available to the Department or its designee, DFS, or State of Florida Auditor General upon request for a period of five years from the date the audit report is issued, unless extended in writing by the Department. 16. Notices and Approvals. Notices and approvals referenced in this Agreement must be obtained in writing from the Parties’ respective Administrators or their designees. 17. Restrictions, Prohibitions, Controls and Labor Provisions: a. Convicted Vendor List. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. b. Discriminatory Vendor List. In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the Discriminatory Vendor List, kept by the Florida Department of Management Services, may not submit a bid on a contract to provide goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. c. Non-Responsible Contractors. An entity or affiliate who has had its Certificate of Qualification suspended, revoked, denied, or have further been determined by the Department to be a non-responsible contractor, may not submit a bid or perform work for the construction or repair of a public building or public work on a contract with the Agency. d. Prohibition on Using Funds for Lobbying. No funds received pursuant to this Agreement may be expended for lobbying the Florida Legislature, judicial branch, or any state agency, in accordance with Section 216.347, Florida Statutes. Page 12 of 37 Docusign Envelope ID: E2036F32-603C-45D0-8675-933D471AE560 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 07/22 e. Unauthorized Aliens. The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If the contractor knowingly employs unauthorized aliens, such violation will be cause for unilateral cancellation of this Agreement. f. Procurement of Construction Services. If the Project is procured pursuant to Chapter 255, Florida Statutes, for construction services and at the time of the competitive solicitation for the Project, 50 percent or more of the cost of the Project is to be paid from state-appropriated funds, then the Agency must comply with the requirements of Section 255.0991, Florida Statutes. g. E-Verify. The Agency shall: i. Utilize the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of all new employees hired by the Agency during the term of the contract; and ii. Expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security’s E- Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. h. Executive Order 20-44. Pursuant to Governor’s Executive Order 20-44, if the Agency is required by the Internal Revenue Code to file IRS Form 990 and is named in statute with which the Department must form a sole-source, public-private agreement; or through contract or other agreement with the State, annually receives 50% or more of its budget from the State or from a combination of State and Federal funds, Recipient shall submit an Annual Report to the Department, including the most recent IRS Form 990, detailing the total compensation for each member of the Agency executive leadership team. Total compensation shall include salary, bonuses, cashed-in leave, cash equivalents, severance pay, retirement benefits, deferred compensation, real-property gifts, and any other payout. The Agency shall inform the Department of any changes in total executive compensation during the period between the filing of Annual Reports within 60 days of any change taking effect. All compensation reports shall detail the percentage of executive leadership compensation received directly from all State and/or Federal allocations to the Agency. Annual Reports shall be in the form approved by the Department and shall be submitted to the Department at fdotsingleaudit@dot.state.fl.us within 180 days following the end of each tax year of the Agency receiving Department funding. i. Design Services and Construction Engineering and Inspection Services. If the Project is wholly or partially funded by the Department and administered by a local governmental entity, except for a seaport listed in Section 311.09, Florida Statutes, or an airport as defined in Section 332.004, Florida Statutes, the entity performing design and construction engineering and inspection services may not be the same entity. 18. Indemnification and Insurance: a. It is specifically agreed between the Parties executing this Agreement that it is not intended by any of the provisions of any part of this Agreement to create in the public or any member thereof, a third party beneficiary under this Agreement, or to authorize anyone not a party to this Agreement to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of this Agreement. The Agency guarantees the payment of all just claims for materials, supplies, tools, or labor and other just claims against the Agency or any subcontractor, in connection with this Agreement. Additionally, to the extent permitted by law and as limited by and pursuant to the provisions of Section 768.28, Florida Statutes, the Agency shall indemnify, defend, and hold harmless the State of Florida, Department of Page 13 of 37 Docusign Envelope ID: E2036F32-603C-45D0-8675-933D471AE560 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 07/22 Transportation, including the Department’s officers and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorney’s fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the Agency and persons employed or utilized by the Agency in the performance of this Agreement. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the Department’s or the Agency’s sovereign immunity. This indemnification shall survive the termination of this Agreement. Additionally, the Agency agrees to include the following indemnification in all contracts with contractors/subcontractors and consultants/subconsultants who perform work in connection with this Agreement: “To the fullest extent permitted by law, the Agency’s contractor/consultant shall indemnify, defend, and hold harmless the Agency and the State of Florida, Department of Transportation, including the Department’s officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney’s fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of the contractor/consultant and persons employed or utilized by the contractor/consultant in the performance of this Agreement. This indemnification shall survive the termination of this Agreement.” b. The Agency shall provide Workers’ Compensation Insurance in accordance with Florida’s Workers’ Compensation law for all employees. If subletting any of the work, ensure that the subcontractor(s) and subconsultant(s) have Workers’ Compensation Insurance for their employees in accordance with Florida’s Workers’ Compensation law. If using “leased employees” or employees obtained through professional employer organizations (“PEO’s”), ensure that such employees are covered by Workers’ Compensation Insurance through the PEO’s or other leasing entities. Ensure that any equipment rental agreements that include operators or other personnel who are employees of independent contractors, sole proprietorships, or partners are covered by insurance required under Florida’s Workers' Compensation law. c. If the Agency elects to self-perform the Project, then the Agency may self-insure. If the Agency elects to hire a contractor or consultant to perform the Project, then the Agency shall carry, or cause its contractor or consultant to carry, Commercial General Liability insurance providing continuous coverage for all work or operations performed under this Agreement. Such insurance shall be no more restrictive than that provided by the latest occurrence form edition of the standard Commercial General Liability Coverage Form (ISO Form CG 00 01) as filed for use in the State of Florida. The Agency shall cause, or cause its contractor or consultant to cause, the Department to be made an Additional Insured as to such insurance. Such coverage shall be on an “occurrence” basis and shall include Products/Completed Operations coverage. The coverage afforded to the Department as an Additional Insured shall be primary as to any other available insurance and shall not be more restrictive than the coverage afforded to the Named Insured. The limits of coverage shall not be less than $1,000,000 for each occurrence and not less than a $5,000,000 annual general aggregate, inclusive of amounts provided by an umbrella or excess policy. The limits of coverage described herein shall apply fully to the work or operations performed under the Agreement, and may not be shared with or diminished by claims unrelated to the Agreement. The policy/ies and coverage described herein may be subject to a deductible and such deductibles shall be paid by the Named Insured. No policy/ies or coverage described herein may contain or be subject to a Retention or a Self-Insured Retention unless the Agency is a state agency or subdivision of the State of Florida that elects to self-perform the Project. Prior to the execution of the Agreement, and at all renewal periods which occur prior to final acceptance of the work, the Department shall be provided with an ACORD Certificate of Liability Insurance reflecting the coverage described herein. The Department shall be notified in writing within ten days of any cancellation, notice of cancellation, lapse, renewal, or proposed change to any policy or coverage described herein. The Department’s approval or failure to disapprove any policy/ies, Page 14 of 37 Docusign Envelope ID: E2036F32-603C-45D0-8675-933D471AE560 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 07/22 coverage, or ACORD Certificates shall not relieve or excuse any obligation to procure and maintain the insurance required herein, nor serve as a waiver of any rights or defenses the Department may have. d. When the Agreement includes the construction of a railroad grade crossing, railroad overpass or underpass structure, or any other work or operations within the limits of the railroad right- of-way, including any encroachments thereon from work or operations in the vicinity of the railroad right-of-way, the Agency shall, or cause its contractor to, in addition to the insurance coverage required above, procure and maintain Railroad Protective Liability Coverage (ISO Form CG 00 35) where the railroad is the Named Insured and where the limits are not less than $2,000,000 combined single limit for bodily injury and/or property damage per occurrence, and with an annual aggregate limit of not less than $6,000,000. The railroad shall also be added along with the Department as an Additional Insured on the policy/ies procured pursuant to the paragraph above. Prior to the execution of the Agreement, and at all renewal periods which occur prior to final acceptance of the work, both the Department and the railroad shall be provided with an ACORD Certificate of Liability Insurance reflecting the coverage described herein. The insurance described herein shall be maintained through final acceptance of the work. Both the Department and the railroad shall be notified in writing within ten days of any cancellation, notice of cancellation, renewal, or proposed change to any policy or coverage described herein. The Department’s approval or failure to disapprove any policy/ies, coverage, or ACORD Certificates shall not relieve or excuse any obligation to procure and maintain the insurance required herein, nor serve as a waiver of any rights the Department may have. e. When the Agreement involves work on or in the vicinity of utility-owned property or facilities, the utility shall be added along with the Department as an Additional Insured on the Commercial General Liability policy/ies procured above. 19. Miscellaneous: a. Environmental Regulations. The Agency will be solely responsible for compliance with all applicable environmental regulations and for any liability arising from non-compliance with these regulations, and will reimburse the Department for any loss incurred in connection therewith. b. Non-Admission of Liability. In no event shall the making by the Department of any payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist on the part of the Agency and the making of such payment by the Department, while any such breach or default shall exist, shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. c. Severability. If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance, the remainder would then continue to conform to the terms and requirements of applicable law. d. Agency not an agent of Department. The Agency and the Department agree that the Agency, its employees, contractors, subcontractors, consultants, and subconsultants are not agents of the Department as a result of this Agreement. e. Bonus or Commission. By execution of the Agreement, the Agency represents that it has not paid and, also agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. f. Non-Contravention of State Law. Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision or perform any act or do any other thing in Page 15 of 37 Docusign Envelope ID: E2036F32-603C-45D0-8675-933D471AE560 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 07/22 contravention of any applicable state law. If any of the provisions of the Agreement violate any applicable state law, the Agency will at once notify the Department in writing so that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the Project. g. Execution of Agreement. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which shall constitute the same Agreement. A facsimile or electronic transmission of this Agreement with a signature on behalf of a party will be legal and binding on such party. h. Federal Award Identification Number (FAIN). If the FAIN is not available prior to execution of the Agreement, the Department may unilaterally add the FAIN to the Agreement without approval of the Agency and without an amendment to the Agreement. If this occurs, an updated Agreement that includes the FAIN will be provided to the Agency and uploaded to the Department of Financial Services’ Florida Accountability Contract Tracking System (FACTS). i. Inspector General Cooperation. The Agency agrees to comply with Section 20.055(5), Florida Statutes, and to incorporate in all subcontracts the obligation to comply with Section 20.055(5), Florida Statutes. j. Law, Forum, and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. In the event of a conflict between any portion of the contract and Florida law, the laws of Florida shall prevail. The Agency agrees to waive forum and venue and that the Department shall determine the forum and venue in which any dispute under this Agreement is decided. IN WITNESS WHEREOF, the Parties have executed this Agreement on the day and year written above. AGENCY City of Clearwater By: Name: Title: STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION By: Name: Justin Hall Title: Director of Transportation Development STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION Legal Review: Martin Hernandez Page 16 of 37 Docusign Envelope ID: E2036F32-603C-45D0-8675-933D471AE560 07/24/2024 | 3:46 PM EDT STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 07/22 EXHIBIT A Project Description and Responsibilities A. Project Description (description of Agency’s project to provide context, description of project components funded via this Agreement (if not the entire project)): Construct new terminal. B. Project Location (limits, city, county, map): Clearwater Air Park/Clearwater, FL/Pinellas C. Project Scope (allowable costs: describe project components, improvement type/service type, approximate timeline, project schedule, project size): As required by 215.971, F.S., this scope of work includes but is not limited to consultant and design fees, survey and geotechnical costs, permitting, construction inspection and material testing costs, mobilization and demobilization, maintenance of traffic, erosion control, demolition, pavement (access roadways, parking lots, and sidewalks), drainage, utilities, primary and back-up power supplies, building (foundation, structure, roof, MEP, drainage, stormwater structures, and fire prevention and protection), pavement markings, lighting and signage, fencing and gates, landscaping (including outdoor lighting), and security systems, including all materials, equipment, labor, and incidentals required to complete the project. The Sponsor will comply with Aviation Program Assurances. D. Deliverable(s): The project scope identifies the ultimate project deliverables. Deliverables for requisition, payment and invoice purposes will be the incremental progress made toward completion of project scope elements. Supporting documentation will be quantifiable, measurable, and verifiable, to allow for a determination of the amount of incremental progress that has been made, and provide evidence that the payment requested is commensurate with the accomplished incremental progress and costs incurred by the Agency. E. Unallowable Costs (including but not limited to): F. Transit Operating Grant Requirements (Transit Only): Transit Operating Grants billed as an operational subsidy will require an expenditure detail report from the Agency that matches the invoice period. The expenditure detail, along with the progress report, will be the required deliverables for Transit Operating Grants. Operating grants may be issued for a term not to exceed three years from execution. The original grant agreement will include funding for year one. Funding for years two and three will be added by amendment as long as the grantee has submitted all invoices on schedule and the project deliverables for the year have been met. Page 17 of 37 Docusign Envelope ID: E2036F32-603C-45D0-8675-933D471AE560 Page 18 of 37 Docusign Envelope ID: E2036F32-603C-45D0-8675-933D471AE560 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 07/22 EXHIBIT B Schedule of Financial Assistance FUNDS AWARDED TO THE AGENCY AND REQUIRED MATCHING FUNDS PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: A. Fund Type and Fiscal Year: Financial Management Number Fund Type FLAIR Category State Fiscal Year Object Code CSFA/ CFDA Number CSFA/CFDA Title or Funding Source Description Funding Amount 450563-1-94-01 450563-1-94-01 DDR LF 088719 088719 2025 2025 751000 751000 55.004 55.004 Aviation Grant Program Aviation Grant Program $1,500,000.00 $1,500,000.00 Total Financial Assistance $3,000,000.00 B. Estimate of Project Costs by Grant Phase: Phases* State Local Federal Totals State % Local % Federal % Land Acquisition $0.00 $0.00 $0.00 $0.00 0.00 0.00 0.00 Planning $0.00 $0.00 $0.00 $0.00 0.00 0.00 0.00 Environmental/Design/Construction $1,500,000.00 $1,500,000.00 $0.00 $3,000,000.00 50.00 50.00 0.00 Capital Equipment/ Preventative Maintenance $0.00 $0.00 $0.00 $0.00 0.00 0.00 0.00 Match to Direct Federal Funding $0.00 $0.00 $0.00 $0.00 0.00 0.00 0.00 Mobility Management (Transit Only) $0.00 $0.00 $0.00 $0.00 0.00 0.00 0.00 Totals $1,500,000.00 $1,500,000.00 $0.00 $3,000,000.00 *Shifting items between these grant phases requires execution of an Amendment to the Public Transportation Grant Agreement. Scope Code and/or Activity Line Item (ALI) (Transit Only) BUDGET/COST ANALYSIS CERTIFICATION AS REQUIRED BY SECTION 216.3475, FLORIDA STATUTES: I certify that the cost for each line item budget category (grant phase) has been evaluated and determined to be allowable, reasonable, and necessary as required by Section 216.3475, Florida Statutes. Documentation is on file evidencing the methodology used and the conclusions reached. Raymond Clark Department Grant Manager Name Signature Date Page 19 of 37 Docusign Envelope ID: E2036F32-603C-45D0-8675-933D471AE560 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 07/22 EXHIBIT C TERMS AND CONDITIONS OF CONSTRUCTION 1. Design and Construction Standards and Required Approvals. a. The Agency understands that it is responsible for the preparation and certification of all design plans for the Project. The Agency shall hire a qualified consultant for the design phase of the Project or, if applicable, the Agency shall require their design-build contractor or construction management contractor to hire a qualified consultant for the design phase of the Project. b. Execution of this Agreement by both Parties shall be deemed a Notice to Proceed to the Agency for the design phase or other non-construction phases of the Project. If the Project involves a construction phase, the Agency shall not begin the construction phase of the Project until the Department issues a Notice to Proceed for the construction phase. Prior to commencing the construction work described in this Agreement, the Agency shall request a Notice to Proceed from the Department’s Project Manager, Raymond Clark (email: raymond.clark@dot.state.fl.us) or from an appointed designee. Any construction phase work performed prior to the execution of this required Notice to Proceed is not subject to reimbursement. c. The Agency will provide one (1) copy of the final design plans and specifications and final bid documents to the Department’s Project Manager prior to bidding or commencing construction of the Project. d. The Agency shall require the Agency’s contractor to post a payment and performance bond in accordance with applicable law(s). e. The Agency shall be responsible to ensure that the construction work under this Agreement is performed in accordance with the approved construction documents, and that the construction work will meet all applicable Agency and Department standards. f. Upon completion of the work authorized by this Agreement, the Agency shall notify the Department in writing of the completion of construction of the Project; and for all design work that originally required certification by a Professional Engineer, this notification shall contain an Engineer’s Certification of Compliance, signed and sealed by a Professional Engineer, the form of which is attached to this Exhibit. The certification shall state that work has been completed in compliance with the Project construction plans and specifications. If any deviations are found from the approved plans or specifications, the certification shall include a list of all deviations along with an explanation that justifies the reason to accept each deviation. 2. Construction on the Department’s Right of Way. If the Project involves construction on the Department’s right-of-way, then the following provisions apply to any and all portions of the Project that are constructed on the Department’s right-of-way: a. The Agency shall hire a qualified contractor using the Agency’s normal bid procedures to perform the construction work for the Project. The Agency must certify that the installation of the Project is completed by a Contractor prequalified by the Department as required by Section 2 of the Standard Specifications for Road and Bridge Construction (2016), as amended, unless otherwise approved by the Department in writing or the Contractor exhibits past project experience in the last five years that are comparable in scale, composition, and overall quality to the site characterized within the scope of services of this Project. Page 20 of 37 Docusign Envelope ID: E2036F32-603C-45D0-8675-933D471AE560 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 07/22 b. Construction Engineering Inspection (CEI) services will be provided by the Agency by hiring a Department prequalified consultant firm including one individual that has completed the Advanced Maintenance of Traffic Level Training, unless otherwise approved by the Department in writing. The CEI staff shall be present on the Project at all times that the contractor is working. Administration of the CEI staff shall be under the responsible charge of a State of Florida Licensed Professional Engineer who shall provide the certification that all design and construction for the Project meets the minimum construction standards established by Department. The Department shall approve all CEI personnel. The CEI firm shall not be the same firm as that of the Engineer of Record for the Project. The Department shall have the right, but not the obligation, to perform independent assurance testing during the course of construction of the Project. Notwithstanding the foregoing, the Department may issue a written waiver of the CEI requirement for portions of Projects involving the construction of bus shelters, stops, or pads. c. The Project shall be designed and constructed in accordance with the latest edition of the Department’s Standard Specifications for Road and Bridge Construction, the Department Design Standards, and the Manual of Uniform Traffic Control Devices (MUTCD). The following guidelines shall apply as deemed appropriate by the Department: the Department Structures Design Manual, AASHTO Guide Specifications for the Design of Pedestrian Bridges, AASHTO LRFD Bridge Design Specifications, Florida Design Manual, Manual for Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways (the “Florida Green Book”), and the Department Traffic Engineering Manual. The Agency will be required to submit any construction plans required by the Department for review and approval prior to any work being commenced. Should any changes to the plans be required during construction of the Project, the Agency shall be required to notify the Department of the changes and receive approval from the Department prior to the changes being constructed. The Agency shall maintain the area of the Project at all times and coordinate any work needs of the Department during construction of the Project. d. The Agency shall notify the Department a minimum of 48 hours before beginning construction within Department right-of-way. The Agency shall notify the Department should construction be suspended for more than 5 working days. The Department contact person for construction is . e. The Agency shall be responsible for monitoring construction operations and the maintenance of traffic (MOT) throughout the course of the Project in accordance with the latest edition of the Department Standard Specifications, section 102. The Agency is responsible for the development of a MOT plan and making any changes to that plan as necessary. The MOT plan shall be in accordance with the latest version of the Department Design Standards, Index 600 series. Any MOT plan developed by the Agency that deviates from the Department Design Standards must be signed and sealed by a professional engineer. MOT plans will require approval by the Department prior to implementation. f. The Agency shall be responsible for locating all existing utilities, both aerial and underground, and for ensuring that all utility locations be accurately documented on the construction plans. All utility conflicts shall be fully resolved directly with the applicable utility. g. The Agency will be responsible for obtaining all permits that may be required by other agencies or local governmental entities. h. It is hereby agreed by the Parties that this Agreement creates a permissive use only and all improvements located on the Department’s right-of-way resulting from this Agreement shall become the property of the Department. Neither the granting of the permission to use the Department right of way nor the placing of facilities upon the Department property shall operate to create or vest any property right to or in the Agency, except as may otherwise be provided in separate agreements. The Agency shall not acquire any right, title, interest or Page 21 of 37 Docusign Envelope ID: E2036F32-603C-45D0-8675-933D471AE560 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 07/22 estate in Department right of way, of any nature or kind whatsoever, by virtue of the execution, operation, effect, or performance of this Agreement including, but not limited to, the Agency’s use, occupancy or possession of Department right of way. The Parties agree that this Agreement does not, and shall not be construed to, grant credit for any future transportation concurrency requirements pursuant to Chapter 163, F.S. i. The Agency shall not cause any liens or encumbrances to attach to any portion of the Department’s property, including but not limited to, the Department’s right-of-way. j. The Agency shall perform all required testing associated with the design and construction of the Project. Testing results shall be made available to the Department upon request. The Department shall have the right to perform its own independent testing during the course of the Project. k. The Agency shall exercise the rights granted herein and shall otherwise perform this Agreement in a good and workmanlike manner, with reasonable care, in accordance with the terms and provisions of this Agreement and all applicable federal, state, local, administrative, regulatory, safety and environmental laws, codes, rules, regulations, policies, procedures, guidelines, standards and permits, as the same may be constituted and amended from time to time, including, but not limited to, those of the Department, applicable Water Management District, Florida Department of Environmental Protection, the United States Environmental Protection Agency, the United States Army Corps of Engineers, the United States Coast Guard and local governmental entities. l. If the Department determines a condition exists which threatens the public’s safety, the Department may, at its discretion, cause construction operations to cease and immediately have any potential hazards removed from its right-of-way at the sole cost, expense, and effort of the Agency. The Agency shall bear all construction delay costs incurred by the Department. m. The Agency shall be responsible to maintain and restore all features that might require relocation within the Department right-of-way. n. The Agency will be solely responsible for clean up or restoration required to correct any environmental or health hazards that may result from construction operations. o. The acceptance procedure will include a final “walk-through” by Agency and Department personnel. Upon completion of construction, the Agency will be required to submit to the Department final as-built plans and an engineering certification that construction was completed in accordance to the plans. Submittal of the final as-built plans shall include one complete set of the signed and sealed plans on 11" X 17" plan sheets and an electronic copy prepared in Portable Document Format (PDF). Prior to the termination of this Agreement, the Agency shall remove its presence, including, but not limited to, all of the Agency’s property, machinery, and equipment from Department right-of-way and shall restore those portions of Department right of way disturbed or otherwise altered by the Project to substantially the same condition that existed immediately prior to the commencement of the Project. p. If the Department determines that the Project is not completed in accordance with the provisions of this Agreement, the Department shall deliver written notification of such to the Agency. The Agency shall have thirty (30) days from the date of receipt of the Department’s written notice, or such other time as the Agency and the Department mutually agree to in writing, to complete the Project and provide the Department with written notice of the same (the “Notice of Completion”). If the Agency fails to timely deliver the Notice of Completion, or if it is determined that the Project is not properly completed after receipt of the Notice of Completion, the Department, within its discretion may: 1) provide the Agency with written authorization granting such additional time as the Department deems appropriate to correct the deficiency(ies); or 2) correct the deficiency(ies) at the Agency’s sole cost and expense, Page 22 of 37 Docusign Envelope ID: E2036F32-603C-45D0-8675-933D471AE560 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 07/22 without Department liability to the Agency for any resulting loss or damage to property, including, but not limited to, machinery and equipment. If the Department elects to correct the deficiency(ies), the Department shall provide the Agency with an invoice for the costs incurred by the Department and the Agency shall pay the invoice within thirty (30) days of the date of the invoice. q. The Agency shall implement best management practices for erosion and pollution control to prevent violation of state water quality standards. The Agency shall be responsible for the correction of any erosion, shoaling, or water quality problems that result from the construction of the Project. r. Portable Traffic Monitoring Site (PTMS) or a Telemetry Traffic Monitoring Site (TTMS) may exist within the vicinity of your proposed work. It is the responsibility of the Agency to locate and avoid damage to these sites. If a PTMS or TTMS is encountered during construction, the Department must be contacted immediately. s. During construction, highest priority must be given to pedestrian safety. If permission is granted to temporarily close a sidewalk, it should be done with the express condition that an alternate route will be provided, and shall continuously maintain pedestrian features to meet Americans Disability Act (ADA) standards. t. Restricted hours of operation will be as follows, unless otherwise approved by the Department’s District Construction Engineer or designee (insert hours and days of the week for restricted operation): u. Lane closures on the state road system must be coordinated with the Public Information Office at least two weeks prior to the closure. The contact information for the Department’s Public Information Office is: Insert District PIO contact info: Legal Review Note: (Highlighted sections indicate need to confirm information with District Office or appropriate DOT person managing the Agreement) 3. Engineer’s Certification of Compliance. The Agency shall complete and submit and if applicable Engineer’s Certification of Compliance to the Department upon completion of the construction phase of the Project. Page 23 of 37 Docusign Envelope ID: E2036F32-603C-45D0-8675-933D471AE560 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 07/22 ENGINEER’S CERTIFICATION OF COMPLIANCE PUBLIC TRANSPORTATION GRANT AGREEMENT BETWEEN THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION and PROJECT DESCRIPTION: DEPARTMENT CONTRACT NO.: FINANCIAL MANAGEMENT NO.: In accordance with the Terms and Conditions of the Public Transportation Grant Agreement, the undersigned certifies that all work which originally required certification by a Professional Engineer has been completed in compliance with the Project construction plans and specifications. If any deviations have been made from the approved plans, a list of all deviations, along with an explanation that justifies the reason to accept each deviation, will be attached to this Certification. Also, with submittal of this certification, the Agency shall furnish the Department a set of “as-built” plans for construction on the Department’s Right of Way certified by the Engineer of Record/CEI. By: , P.E. SEAL: Name: Date: Page 24 of 37 Docusign Envelope ID: E2036F32-603C-45D0-8675-933D471AE560 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 07/22 EXHIBIT D AGENCY RESOLUTION PLEASE SEE ATTACHED Page 25 of 37 Docusign Envelope ID: E2036F32-603C-45D0-8675-933D471AE560 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 07/22 EXHIBIT E PROGRAM SPECIFIC TERMS AND CONDITIONS - AVIATION AVIATION PROGRAM ASSURANCES A. General. 1. The assurances herein shall form an integral part of the Agreement between the Department and the Agency. 2. These assurances delineate the obligations of the Parties to this Agreement to ensure their commitment and compliance with specific provisions of Exhibit “A”, Project Description and Responsibilities, and Exhibit “B”, Schedule of Financial Assistance, as well as serving to protect public investment in public-use airports and the continued viability of the Florida Aviation System. 3. The Agency shall comply with the assurances as specified in this Agreement. 4. The terms and assurances of this Agreement shall remain in full force and effect throughout the useful life of a facility developed; equipment acquired; or Project items installed within a facility for an airport development or noise compatibility program project, but shall not exceed 20 years from the effective date of this Agreement. 5. There shall be no limit on the duration of the terms and assurances of this Agreement regarding Exclusive Rights and Airport Revenue so long as the property is used as a public airport. 6. There shall be no limit on the duration of the terms and assurances of this Agreement with respect to real property acquired with funds provided by this Agreement. 7. Subject to appropriations, the Department shall continue to comply with its financial commitment to this Project under the terms of this Agreement, until such time as the Department may determine that the Agency has failed to comply with the terms and assurances of this Agreement. 8. An Agency that has been determined by the Department to have failed to comply with either the terms of these Assurances, or the terms of the Agreement, or both, shall be notified, in writing, by the Department, identifying the specifics of the non-compliance and any corrective action by the Agency to remedy the failure. 9. Failure by the Agency to satisfactorily remedy the non-compliance shall absolve the Department’s continued financial commitment to this Project and immediately require the Agency to repay the Department the full amount of funds expended by the Department on this Project. 10. Any history of failure to comply with the terms and assurances of an Agreement will jeopardize the Agency’s eligibility for further state funding of airport projects by the Department. B. Agency Compliance Certification. 1. General Certification. The Agency hereby certifies, with respect to this Project, it will comply, within its authority, with all applicable, current laws and rules of the State of Florida and applicable local governments, as well as Department policies, guidelines, and requirements, including but not limited to, the following (latest version of each document): a. Florida Statutes (F.S.) • Chapter 163, F.S., Intergovernmental Programs • Chapter 329, F.S., Aircraft: Title; Liens; Registration; Liens • Chapter 330, F.S., Regulation of Aircraft, Pilots, and Airports • Chapter 331, F.S., Aviation and Aerospace Facilities and Commerce • Chapter 332, F.S., Airports and Other Air Navigation Facilities • Chapter 333, F.S., Airport Zoning Page 26 of 37 Docusign Envelope ID: E2036F32-603C-45D0-8675-933D471AE560 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 07/22 b. Florida Administrative Code (FAC) • Chapter 73C-41, FAC, Community Planning; Governing the Procedure for the Submittal and Review of Local Government Comprehensive Plans and Amendments • Chapter 14-60, FAC, Airport Licensing, Registration, and Airspace Protection • Section 62-256.300, FAC, Open Burning, Prohibitions • Section 62-701.320(13), FAC, Solid Waste Management Facility Permit Requirements, General, Airport Safety c. Local Government Requirements • Airport Zoning Ordinance • Local Comprehensive Plan d. Department Requirements • Eight Steps of Building a New Airport • Florida Airport Revenue Use Guide • Florida Aviation Project Handbook • Guidebook for Airport Master Planning • Airport Compatible Land Use Guidebook 2. Construction Certification. The Agency hereby certifies, with respect to a construction-related project, that all design plans and specifications will comply with applicable federal, state, local, and professional standards, as well as Federal Aviation Administration (FAA) Advisory Circulars (AC’s) and FAA issued waivers thereto, including but not limited to, the following: a. Federal Requirements • FAA AC 70/7460-1, Obstruction Marking and Lighting • FAA AC 150/5300-13, Airport Design • FAA AC 150/5370-2, Operational Safety on Airports During Construction • FAA AC 150/5370-10, Standards for Specifying Construction of Airports b. Local Government Requirements • Local Building Codes • Local Zoning Codes c. Department Requirements • Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways (Commonly Referred to as the “Florida Green Book”) • Manual on Uniform Traffic Control Devices • Section 14-60.007, FAC, Airfield Standards for Licensed Airports • Standard Specifications for Construction of General Aviation Airports • Design Guidelines & Minimum Standard Requirements for T-Hangar Projects 3. Land Acquisition Certification. The Agency hereby certifies, regarding land acquisition, that it will comply with applicable federal and/or state policies, regulations, and laws, including but not limited to the following: a. Federal Requirements • Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 • National Environmental Policy of 1969 • FAA Order 5050.4, National Environmental Policy Act Implementing Instructions for Airport Projects • FAA Order 5100.37B, Land Acquisition and Relocation Assistance for Airport Projects b. Florida Requirements • Chapter 73, F.S., Eminent Domain (re: Property Acquired Through Condemnation) • Chapter 74, F.S., Proceedings Supplemental to Eminent Domain (re: Condemnation) • Section 286.23, F.S., Public Business: Miscellaneous Provisions Page 27 of 37 Docusign Envelope ID: E2036F32-603C-45D0-8675-933D471AE560 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 07/22 C. Agency Authority. 1. Legal Authority. The Agency hereby certifies, with respect to this Agreement, that it has the legal authority to enter into this Agreement and commit to this Project; that a resolution, motion, or similar action has been duly adopted or passed as an official act of the airport sponsor’s governing body authorizing this Agreement, including assurances contained therein, and directing and authorizing the person identified as the official representative of the governing body to act on its behalf with respect to this Agreement and to provide any additional information as may be required. 2. Financial Authority. The Agency hereby certifies, with respect to this Agreement, that it has sufficient funds available for that portion of the Project costs which are not paid by the U.S. Government or the State of Florida; that it has sufficient funds available to assure future operation and maintenance of items funded by this Project, which it will control; and that authority has been granted by the airport sponsor governing body to commit those funds to this Project. D. Agency Responsibilities. The Agency hereby certifies it currently complies with or will comply with the following responsibilities: 1. Accounting System. a. The Agency shall create and maintain a separate account to document all of the financial transactions related to the airport as a distinct entity. b. The accounting records shall be kept by the Agency or its authorized representative in accordance with Generally Accepted Accounting Principles and in an accounting system that will facilitate an effective audit in accordance with the 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards and Section 215.97, F.S., Florida Single Audit Act. c. The Department has the right to audit and inspect all financial records of the Agency upon reasonable notice. 2. Good Title. a. The Agency holds good title, satisfactory to the Department, to the airport or site thereof, or gives assurance, satisfactory to the Department, that good title will be obtained. b. For noise compatibility program projects undertaken on the airport sponsor’s property, the Agency holds good title, satisfactory to the Department, to that portion of the property upon which state funds will be expended, or gives assurance, satisfactory to the Department, that good title will be obtained. 3. Preserving Rights and Powers. a. The Agency shall not take or permit any action which would operate to deprive it of any of the rights and powers necessary to perform any or all of the terms and assurances of this Agreement without the written approval of the Department. Further, the Agency shall act promptly to acquire, extinguish, or modify, in a manner acceptable to the Department, any outstanding rights or claims of right of others which would interfere with such performance by the Agency. b. If an arrangement is made for management and operation of the airport by any entity or person other than the Agency or an employee of the Agency, the Agency shall reserve sufficient rights and authority to ensure that the airport will be operated and maintained in accordance with the terms and assurances of this Agreement. 4. Hazard Removal and Mitigation. Page 28 of 37 Docusign Envelope ID: E2036F32-603C-45D0-8675-933D471AE560 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 07/22 a. For airport hazards located on airport controlled property, the Agency shall clear and protect terminal airspace required for instrument and visual operations at the airport (including established minimum flight altitudes) by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. b. For airport hazards not located on airport controlled property, the Agency shall work in conjunction with the governing public authority or private land owner of the property to clear and protect terminal airspace required for instrument and visual operations at the airport (including established minimum flight altitudes) by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. The Agency may enter into an agreement with surrounding property owners or pursue available legal remedies to remove potential hazards to air navigation. 5. Airport Compatible Land Use. a. The Agency assures that appropriate airport zoning ordinances are in place consistent with Section 333.03, F.S., or if not in place, that it will take appropriate action necessary to ensure local government adoption of an airport zoning ordinance or execution of an interlocal agreement with another local government body having an airport zoning ordinance, consistent with the provisions of Section 333.03, F.S. b. The Agency assures that it will disapprove or oppose any attempted alteration or creation of objects, natural or man-made, dangerous to navigable airspace or that would adversely affect the current or future levels of airport operations. c. The Agency assures that it will disapprove or oppose any attempted change in local land use development regulations that would adversely affect the current or future levels of airport operations by creation or expansion of airport incompatible land use areas. 6. Consistency with Local Government Plans. a. The Agency assures the Project is consistent with the currently existing and planned future land use development plans approved by the local government having jurisdictional responsibility for the area surrounding the airport. b. The Agency assures that it has given fair consideration to the interest of local communities and has had reasonable consultation with those parties affected by the Project. c. The Agency shall consider and take appropriate actions, if deemed warranted by the Agency, to adopt the current, approved Airport Master Plan into the local government comprehensive plan. 7. Consistency with Airport Master Plan and Airport Layout Plan. a. The Agency assures that the project, covered by the terms and assurances of this Agreement, is consistent with the most current Airport Master Plan. b. The Agency assures that the Project, covered by the terms and assurances of this Agreement, is consistent with the most current, approved Airport Layout Plan (ALP), which shows: 1) The boundaries of the airport and all proposed additions thereto, together with the boundaries of all offsite areas owned or controlled by the Agency for airport purposes and proposed additions thereto; 2) The location and nature of all existing and proposed airport facilities and structures (such as runways, taxiways, aprons, terminal buildings, hangars, and roads), including all proposed extensions and reductions of existing airport facilities; and 3) The location of all existing and proposed non-aviation areas on airport property and of all existing improvements thereon. Page 29 of 37 Docusign Envelope ID: E2036F32-603C-45D0-8675-933D471AE560 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 07/22 c. The Agency assures that it will not make or permit any changes or alterations on the airport or any of its facilities that are not consistent with the Airport Master Plan and the Airport Layout Plan, as approved by the Department. d. Original Airport Master Plans and Airport Layout Plans and each amendment, revision, or modification thereof, will be subject to the approval of the Department. 8. Airport Financial Plan. a. The Agency assures that it will develop and maintain a cost-feasible Airport financial plan to accomplish the projects necessary to achieve the proposed airport improvements identified in the Airport Master Plan and depicted in the Airport Layout Plan, and any updates thereto. The Agency’s Airport financial plan must comply with the following conditions: 1) The Airport financial plan will be a part of the Airport Master Plan. 2) The Airport financial plan will realistically assess project phasing considering availability of state and local funding and likelihood of federal funding under the FAA’s priority system. 3) The Airport financial plan will not include Department funding for projects that are inconsistent with the local government comprehensive plan. b. All Project cost estimates contained in the Airport financial plan shall be entered into and kept current in the Florida Aviation Database (FAD) Joint Automated Capital Improvement Program (JACIP) website. 9. Airport Revenue. The Agency assures that all revenue generated by the airport will be expended for capital improvement or operating costs of the airport; the local airport system; or other local facilities which are owned or operated by the owner or operator of the airport and which are directly and substantially related to the air transportation of passengers or property, or for environmental or noise mitigation purposes on or off the airport. 10. Fee and Rental Structure. a. The Agency assures that it will maintain a fee and rental structure for facilities and services at the airport that it will make the airport as self-sustaining as possible under the circumstances existing at the particular airport. b. If this Agreement results in a facility that will be leased or otherwise produce revenue, the Agency assures that the price charged for that facility will be based on the market value. 11. Public-Private Partnership for Aeronautical Uses. a. If the airport owner or operator and a person or entity that owns an aircraft or an airport tenant or potential tenant agree that an aircraft hangar or tenant-specific facility, respectively, is to be constructed on airport property for aircraft storage or tenant use at the expense of the aircraft owner or tenant, the airport owner or operator may grant to the aircraft owner or tenant of the facility a lease that is subject to such terms and conditions on the facility as the airport owner or operator may impose, subject to approval by the Department. b. The price charged for said lease will be based on market value, unless otherwise approved by the Department. 12. Economic Nondiscrimination. a. The Agency assures that it will make the airport available as an airport for public use on reasonable terms without unjust discrimination to all types, kinds and classes of aeronautical activities, including commercial aeronautical activities offering services to the public. 1) The Agency may establish such reasonable, and not unjustly discriminatory, conditions to be met by all users of the airport as may be necessary for the safe and efficient operation of the airport. Page 30 of 37 Docusign Envelope ID: E2036F32-603C-45D0-8675-933D471AE560 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 07/22 2) The Agency may prohibit or limit any given type, kind or class of aeronautical use of the airport if such action is necessary for the safe operation of the airport or necessary to serve the civil aviation needs of the public. b. The Agency assures that each airport Fixed-Based Operator (FBO) shall be subject to the same rates, fees, rentals, and other charges as are uniformly applicable to all other FBOs making the same or similar uses of such airport and utilizing the same or similar facilities. 13. Air and Water Quality Standards. The Agency assures that all projects involving airport location, major runway extension, or runway location will be located, designed, constructed, and operated so as to comply with applicable air and water quality standards. 14. Operations and Maintenance. a. The Agency assures that the airport and all facilities, which are necessary to serve the aeronautical users of the airport, shall be operated at all times in a safe and serviceable condition and in accordance with the minimum standards as may be required or prescribed by applicable federal and state agencies for maintenance and operation, as well as minimum standards established by the Department for State of Florida licensing as a public-use airport. 1) The Agency assures that it will not cause or permit any activity or action thereon which would interfere with its use for airport purposes. 2) Except in emergency situations, any proposal to temporarily close the airport for non-aeronautical purposes must first be approved by the Department. 3) The Agency assures that it will have arrangements for promptly notifying airmen of any condition affecting aeronautical use of the airport. b. Nothing contained herein shall be construed to require that the airport be operated for aeronautical use during temporary periods when adverse weather conditions interfere with safe airport operations. 15. Federal Funding Eligibility. a. The Agency assures it will take appropriate actions to maintain federal funding eligibility for the airport and it will avoid any action that renders the airport ineligible for federal funding. b. If the Agency becomes ineligible for federal funding of airport projects, such determination will render the Agency ineligible for state funding of airport projects. 16. Project Implementation. a. The Agency assures that it will begin making expenditures or incurring obligations pertaining to this Project within one year after the effective date of this Agreement. b. The Agency may request a one-year extension of this one-year time period, subject to approval by the Department District Secretary or designee. c. Failure of the Agency to make expenditures, incur obligations or receive an approved extension may allow the Department to terminate this Agreement. 17. Exclusive Rights. The Agency assures that it will not permit any exclusive right for use of the airport by any person providing, or intending to provide, aeronautical services to the public. 18. Airfield Access. a. The Agency assures that it will not grant or allow general easement or public access that opens onto or crosses the airport runways, taxiways, flight line, passenger facilities, or any area used for emergency Page 31 of 37 Docusign Envelope ID: E2036F32-603C-45D0-8675-933D471AE560 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 07/22 equipment, fuel, supplies, passengers, mail and freight, radar, communications, utilities, and landing systems, including but not limited to flight operations, ground services, emergency services, terminal facilities, maintenance, repair, or storage, except for those normal airport providers responsible for standard airport daily services or during special events at the airport open to the public with limited and controlled access. b. The Agency assures that it will not grant or allow general easement or public access to any portion of the airfield from adjacent real property which is not owned, operated, or otherwise controlled by the Agency without prior Department approval. 19. Retention of Rights and Interests.The Agency will not sell, lease, encumber, or otherwise transfer or dispose of any part of its title or other interests in the real property shown as airport owned or controlled on the current airport layout plan without prior written approval by the Department. It will not sell, lease, encumber, terminate, waive, or otherwise transfer or dispose of any part of its title, rights, or other interest in existing noise easements or avigation easements on any property, airport or non-airport, without prior written approval by the Department. These assurances shall not limit the Agency’s right to lease airport property for airport-compatible purposes. 20. Consultant, Contractor, Scope, and Costs. a. The Department has the right to disapprove the Agency’s employment of consultants, contractors, and subcontractors for all or any part of this Project if the specific consultants, contractors, or subcontractors have a record of poor project performance with the Department. b. Further, the Department maintains the right to disapprove the proposed Project scope and cost of professional services. 21. Planning Projects. For all planning projects or other aviation studies, the Agency assures that it will: a. Execute the project per the approved project narrative or with approved modifications. b. Furnish the Department with such periodic project and work activity reports as indicated in the approved scope of services. c. Make such project materials available for public review, unless exempt from public disclosure. 1) Information related to airport security is considered restricted information and is exempt from public dissemination per Sections 119.071(3) and 331.22 F.S. 2) No materials prepared under this Agreement shall be subject to copyright in the United States or any other country. d. Grant the Department unrestricted authority to publish, disclose, distribute, and otherwise use any of the material prepared in connection with this Agreement. e. If the Project involves developing an Airport Master Plan or an Airport Layout Plan, and any updates thereto, it will be consistent with provisions of the Florida Aviation System Plan, will identify reasonable future growth of the airport and the Agency will comply with the Department airport master planning guidebook, including: 1) Provide copies, in electronic and editable format, of final Project materials to the Department, including computer-aided drafting (CAD) files of the Airport Layout Plan. 2) Develop a cost-feasible financial plan, approved by the Department, to accomplish the projects described in the Airport Master Plan or depicted in the Airport Layout Plan, and any updates thereto. The cost-feasible financial plan shall realistically assess Project phasing considering availability of state and local funding and federal funding under the FAA’s priority system. 3) Enter all projects contained in the cost-feasible plan in the Joint Automated Capital Improvement Program (JACIP). Page 32 of 37 Docusign Envelope ID: E2036F32-603C-45D0-8675-933D471AE560 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 07/22 f. The Agency understands and agrees that Department approval of this Agreement or any planning material developed as part of this Agreement does not constitute or imply any assurance or commitment on the part of the Department to approve any pending or future application for state aviation funding. g. The Agency will submit master planning draft and final deliverables for Department and, if required, FAA approval prior to submitting any invoices to the Department for payment. 22. Land Acquisition Projects. For the purchase of real property, the Agency assures that it will: a. Laws. Acquire the land in accordance with federal and/or state laws governing such action. b. Administration. Maintain direct control of Project administration, including: 1) Maintain responsibility for all related contract letting and administrative procedures related to the purchase of real property. 2) Secure written Department approval to execute each agreement for the purchase of real property with any third party. 3) Ensure a qualified, State-certified general appraiser provides all necessary services and documentation. 4) Furnish the Department with a projected schedule of events and a cash flow projection within 20 calendar days after completion of the review appraisal. 5) Establish a Project account for the purchase of the land. 6) Collect and disburse federal, state, and local project funds. c. Reimbursable Funds. If funding conveyed by this Agreement is reimbursable for land purchase in accordance with Chapter 332, F.S., the Agency shall comply with the following requirements: 1) The Agency shall apply for a FAA Airport Improvement Program grant for the land purchase within 60 days of executing this Agreement. 2) If federal funds are received for the land purchase, the Agency shall notify the Department, in writing, within 14 calendar days of receiving the federal funds and is responsible for reimbursing the Department within 30 calendar days to achieve normal project federal, state, and local funding shares per Chapter 332, F.S. 3) If federal funds are not received for the land purchase, the Agency shall reimburse the Department within 30 calendar days after the reimbursable funds are due in order to achieve normal project state and local funding shares as described in Chapter 332, F.S. 4) If federal funds are not received for the land purchase and the state share of the purchase is less than or equal to normal state and local funding shares per Chapter 332, F.S., when reimbursable funds are due, no reimbursement to the Department shall be required. d. New Airport. If this Project involves the purchase of real property for the development of a new airport, the Agency assures that it will: 1) Apply for federal and state funding to construct a paved runway, associated aircraft parking apron, and connecting taxiway within one year of the date of land purchase. 2) Complete an Airport Master Plan within two years of land purchase. 3) Complete airport construction for basic operation within 10 years of land purchase. e. Use of Land. The Agency assures that it shall use the land for aviation purposes in accordance with the terms and assurances of this Agreement within 10 years of acquisition. f. Disposal of Land. For the disposal of real property the Agency assures that it will comply with the following: 1) For land purchased for airport development or noise compatibility purposes, the Agency shall, when the land is no longer needed for such purposes, dispose of such land at fair market value and/or make available to the Department an amount equal to the state’s proportionate share of its market value. Page 33 of 37 Docusign Envelope ID: E2036F32-603C-45D0-8675-933D471AE560 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 07/22 2) Land will be considered to be needed for airport purposes under this assurance if: a) It serves aeronautical purposes such as a runway protection zone or as a noise buffer. b) Revenue from uses of such land contributes to airport financial self-sufficiency. 3) Disposition of land under Sections D.22.f.1. or D.22.f.2. of this Exhibit, above, shall be subject to retention or reservation of any interest or right therein needed to ensure such land will only be used for purposes compatible with noise levels related to airport operations. 4) Revenues from the sale of such land must be accounted for as outlined in Section D.1. of this Exhibit, and expended as outlined in Section D.9. of this Exhibit. 23. Construction Projects. The Agency assures that it will: a. Project Certifications. Certify Project compliances, including: 1) Consultant and contractor selection comply with all applicable federal, state and local laws, rules, regulations, and policies. 2) All design plans and specifications comply with federal, state, and professional standards and applicable FAA advisory circulars, as well as the minimum standards established by the Department for State of Florida licensing as a public-use airport. 3) Completed construction complies with all applicable local building codes. 4) Completed construction complies with the Project plans and specifications with certification of that fact by the Project Engineer. b. Design Development. For the plans, specifications, construction contract documents, and any and all other engineering, construction, and contractual documents produced by the Engineer, which are hereinafter collectively referred to as "plans", the Engineer will certify that: 1) The plans shall be developed in accordance with sound engineering and design principles, and with generally accepted professional standards. 2) The plans shall be consistent with the intent of the Project as defined in Exhibit A and Exhibit B of this Agreement. 3) The Project Engineer shall perform a review of the certification requirements listed in Section B.2. of this Exhibit, Construction Certification, and make a determination as to their applicability to this Project. 4) Development of the plans shall comply with all applicable laws, ordinances, zoning and permitting requirements, public notice requirements, and other similar regulations. c. Inspection and Approval. The Agency assures that: 1) The Agency will provide and maintain competent technical supervision at the construction site throughout the Project to assure that the work conforms to the plans, specifications, and schedules approved by the Department, as applicable, for the Project. 2) The Agency assures that it will allow the Department to inspect the work and that it will provide any cost and progress reporting, as may be required by the Department. 3) The Agency assures that it will take the appropriate corrective action necessary, as required by the Department, for work which does not conform to the Department standards. d. Pavement Preventive Maintenance. The Agency assures that for a project involving replacement or reconstruction of runway or taxiway pavement it has implemented an airport pavement maintenance management program and that it will use such program for the useful life of any pavement constructed, reconstructed, or repaired with state financial assistance at the airport. Page 34 of 37 Docusign Envelope ID: E2036F32-603C-45D0-8675-933D471AE560 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 07/22 24. Noise Mitigation Projects. The Agency assures that it will: a. Government Agreements. For all noise compatibility projects that are carried out by another unit of local government or are on property owned by a unit of local government other than the Agency, the Agency shall enter into an agreement with that government body. 1) The local agreement, satisfactory to the Department, shall obligate the unit of local government to the same terms and assurances that apply to the Agency. 2) The Agency assures that it will take steps to enforce the local agreement if there is substantial non- compliance with the terms of the local agreement. b. Private Agreements. For noise compatibility projects on privately owned property: 1) The Agency shall enter into an agreement with the owner of that property to exclude future actions against the airport. 2) The Agency assures that it will take steps to enforce such agreement if there is substantial non- compliance with the terms of the agreement. - End of Exhibit E - Page 35 of 37 Docusign Envelope ID: E2036F32-603C-45D0-8675-933D471AE560 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 07/22 EXHIBIT F Contract Payment Requirements Florida Department of Financial Services, Reference Guide for State Expenditures Cost Reimbursement Contracts Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category (salary, travel, expenses, etc.). Supporting documentation shall be submitted for each amount for which reimbursement is being claimed indicating that the item has been paid. Documentation for each amount for which reimbursement is being claimed must indicate that the item has been paid. Check numbers may be provided in lieu of copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures for categories in the approved agreement budget may be reimbursed. These expenditures must be allowable (pursuant to law) and directly related to the services being provided. Listed below are types and examples of supporting documentation for cost reimbursement agreements: (1) Salaries: A payroll register or similar documentation should be submitted. The payroll register should show gross salary charges, fringe benefits, other deductions and net pay. If an individual for whom reimbursement is being claimed is paid by the hour, a document reflecting the hours worked times the rate of pay will be acceptable. (2) Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid on behalf of the employee (e.g., insurance premiums paid). If the contract specifically states that fringe benefits will be based on a specified percentage rather than the actual cost of fringe benefits, then the calculation for the fringe benefits amount must be shown. Exception: Governmental entities are not required to provide check numbers or copies of checks for fringe benefits. (3) Travel: Reimbursement for travel must be in accordance with Section 112.061, Florida Statutes, which includes submission of the claim on the approved State travel voucher or electronic means. (4) Other direct costs: Reimbursement will be made based on paid invoices/receipts. If nonexpendable property is purchased using State funds, the contract should include a provision for the transfer of the property to the State when services are terminated. Documentation must be provided to show compliance with Department of Management Services Rule 60A-1.017, Florida Administrative Code, regarding the requirements for contracts which include services and that provide for the contractor to purchase tangible personal property as defined in Section 273.02, Florida Statutes, for subsequent transfer to the State. (5) In-house charges: Charges which may be of an internal nature (e.g., postage, copies, etc.) may be reimbursed on a usage log which shows the units times the rate being charged. The rates must be reasonable. (6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate, then the calculation should be shown. Contracts between state agencies, and/or contracts between universities may submit alternative documentation to substantiate the reimbursement request that may be in the form of FLAIR reports or other detailed reports. The Florida Department of Financial Services, online Reference Guide for State Expenditures can be found at this web address https://www.myfloridacfo.com/Division/AA/Manuals/documents/ReferenceGuideforStateExpenditures.pdf. Page 36 of 37 Docusign Envelope ID: E2036F32-603C-45D0-8675-933D471AE560 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 07/22 EXHIBIT G AUDIT REQUIREMENTS FOR AWARDS OF STATE FINANCIAL ASSISTANCE THE STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: SUBJECT TO SECTION 215.97, FLORIDA STATUTES:~ Awarding Agency: Florida Department of Transportation State Project Title: Aviation Grant Program CSFA Number: 55.004 *Award Amount: $1,500,000 *The award amount may change with amendments Specific project information for CSFA Number 55.004 is provided at: https://apps.fldfs.com/fsaa/searchCatalog.aspx COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT: State Project Compliance Requirements for CSFA Number 55.004 are provided at: https://apps.fldfs.com/fsaa/searchCompliance.aspx The State Projects Compliance Supplement is provided at: https://apps.fldfs.com/fsaa/compliance.aspx Page 37 of 37 Docusign Envelope ID: E2036F32-603C-45D0-8675-933D471AE560 RESOLUTION NO 24-12 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA AUTHORIZING THE EXECUTION OF A JOINT PARTICIPATION AGREEMENT BETWEEN THE CITY OF CLEARWATER AND THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION, FOR A GRANT TO CONSTRUCT A NEW TERMINAL AND FBO BUILDING AT THE CLEARWATER AIRPARK; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Florida Department of Transportation (FDOT) has agreed to a grant to provide funding for Construction of a new terminal and FBO building at the Clearwater Airpark under Joint Participation Agreement Financial Project No.: 450563-1- 94-01, Contract No.: G3137 (the Agreement), a copy of which is attached hereto as Exhibit “A”; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The City Council hereby accepts and approves the Agreement between the City and the State of Florida Department of Transportation, at the Clearwater Airpark, and authorizes appropriate City officials to take all necessary action as may be necessary or appropriate to perform all obligations and commitments of the City of Clearwater in accordance with the provisions of the Agreement. Section 2. This resolution shall take effect immediately upon adoption PASSED AND ADOPTED this _______ day of _____________, 2024. ____________________________ Bruce Rector. Mayor Approved as to form: Attest: __________________________ _____________________________ Melissa Isabel Rosemarie Call Assistant City Attorney City Clerk Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#24-1038 Agenda Date: 9/4/2024 Status: Public HearingVersion: 1 File Type: Action ItemIn Control: City Clerk Agenda Number: 7.8 SUBJECT/RECOMMENDATION: Appoint Diane Achinelli to the Community Development Board to a term expiring February 29, 2028. SUMMARY: APPOINTMENT WORKSHEET BOARD: Community Development Board TERM: 4 years APPOINTED BY: City Council FINANCIAL DISCLOSURE: Yes RESIDENCY REQUIREMENT: City of Clearwater MEMBERS: 7 & 1 alternate CHAIRPERSON: TBD MEETING DATES: 3rd Tues., 1:00 p.m. PLACE: Main Library APPTS. NEEDED: 1 SPECIAL QUALIFICATIONS: Board shall include members qualified and experienced in the fields of architecture, planning, landscape architecture, engineering, construction, planning & land use law and real estate. THE FOLLOWING ADVISORY BOARD MEMBER COMPLETED A PARTIAL TERM AND IS ELIGIBLE TO BE APPOINTED FOR A FULL TERM: 1.Diane T. Achinelli - 904 Brigadoon Drive, 33759, Senior Project Administrator Original Appointment: 03/02/2023, partial term Zip Codes of current members: 3 at 33759 1 at 33761 1 at 33764 1 at 33756 2 at 33767 Current categories: Real Estate Developer Sr. Project Administrator Engineer Page 1 City of Clearwater Printed on 9/3/2024 File Number: ID#24-1038 Construction/Real Estate Real Estate Broker/Developer Real Estate Law Civil Engineer Page 2 City of Clearwater Printed on 9/3/2024 Submit Date: Jul 30, 2024 First Name Middle Initial Last Name Email Address Home Address Suite or Apt City State Postal Code Primary Phone Alternate Phone Employer Job Title Advisory Boards Application Profile Length of Residency - please select one. * 6+ years Do you own or represent a business in Clearwater? Yes No If yes, where is the business located? Do you conduct business with the City? Clearwater - City of Clearwater Engineering Projects Which Boards would you like to apply for? Community Development Board: Submitted Occupation - If retired, enter former occupation. Construction Have you served or do you serve on a board in Clearwater? Yes No If yes, please list the name of the board. Community Development Board Diane T Achinelli dachinelli@mckimcreed.com 904 Brigadoon Drive Clearwater FL 33759 Home: (727) 510-7665 McKim & Creed Inc Senior Project Admnistrator Diane T Achinelli Upload a Resume Please attach a copy of your current voter registration within city limits. Please attach a copy of one of the following documents: 1) valid current Florida Driver License issued to an address within city limits, or 2) Declaration of Domicile filed with the city clerk affirming residency within city limits. Why do you wish to serve on this board/committee? If seeking reappointment, state why you should be reappointed. I am a long time resident, on my condo board for several years and have a varied background of fiscal/accounting and construction. I want to be involved in my City and what is decided. What personal qualifications can you bring to this board or committee? Varied background in education and work experience List Community Activities Paint your Heart Out - Clearwater and Safety Harbor Habitat for Humanity Volunteer at church Question applies to multiple boards Question applies to multiple boards Question applies to multiple boards Are you related to any member of the City Council? Yes No Question applies to multiple boards If yes, please provide name and explain relation. NA Question applies to multiple boards Are you related to a city employee? Yes No Question applies to multiple boards If yes, please provide name and explain relation. NA Demographics Resume1.pdf Diane T Achinelli Date of Birth Some boards and commissions require membership to be racially, politically or geographically proportionate to the general public. The following information helps track our recruitment and diversity efforts. (Optional) Ethnicity Caucasian/Non-Hispanic Gender Female The City of Clearwater strives to promote diversity and provide reasonable accommodations for individuals with disabilities. If you are requesting accommodation, please indicate below: walker access for now due to knee/leg surgery. By clicking on "I Agree," below, I affirm that the information above is true and correct, and that I understand and agree to the responsibilities and commitment of time associated with an appointment to a Clearwater advisory board or committee. I Agree All material submitted to the City of Clearwater is subject to the public records law of the State of Florida including Chapter 119, Florida Statutes. 10/22/1955 Diane T Achinelli 2/15/23, 2:00 PM Directory https://mckimcreed.sharepoint.com/OurCompany/SitePages/Directory.aspx?from=SendByEmail&e=Kcis-H9lHky7WJybtUX9Ew&at=9 1/1 Directory © 2018 All rights reserved. Dock 365 Inc.For technical support, please email @ support@mydock365.com Introduction Ms. Achinelli’s experience in the areas of construction administration, project accounting and onsite proj Her current responsibilities include all aspects of project administration (project coordination, conflict resinformation, writing and reviewing daily field reports, reviewing and processing contractor’s pay estimatemaintaining construction logs and permit closeout). She also assists during design compiling specificatioassists in issuance of addenda and performs reference checks on project bidders. Ms. Achinelli performowners, contractors and subcontractors. Previously, she was an engineering technician for Pinellas Couworked closely with the finance and contracts departments on bid documents for various utility projects. inspection/construction management duties for a private engineering consultant on various water, waste Pipeline Design BuildDiane's role is to secure the utility permits required to construct the project, and will act as the liaison beagencies. Construction Services Bio 1Diane experience in the areas of construction administration, project accounting and onsite project admShe has been responsible for inspection and construction management duties on various wastewater, wHer current responsibilities include all aspects of project administration (project coordination, conflict resinformation, writing and reviewing daily field reports, reviewing and processing contractor’s pay estimatemaintaining construction logs and permit closeout). She performs site construction observation working 190035, 180073 Construction Services Bio 2Diane 32 years of experience in the areas of construction administration, project accounting and onsite construction services team. As engineering technician for Pinellas County, in addition to supervising the and contracts departments on bid documents for various utility projects. Prior to her working for the counduties for a private engineering consultant on various water, wastewater, stormwater and environmentalaspects of project administration (project coordination, conflict resolution, submittal reviews, processing reports, reviewing and processing contractor’s pay estimates, attending meetings and producing the minShe also assists during design compiling specifications, utility locate letters, assembles final bid documechecks on project bidders. Diane performs site construction observation working closely with the owners Areas of Specialty 2/15/23, 1:59 PM Directory https://mckimcreed.sharepoint.com/OurCompany/SitePages/Directory.aspx?from=SendByEmail&e=Kcis-H9lHky7WJybtUX9Ew&at=9 1/1 Directory © 2018 All rights reserved. Dock 365 Inc.For technical support, please email @ support@mydock365.com Office Fax (727) 461-3827 Cell Phone (727) 510-7665 Email dachinelli@mckimcreed.com submittal reviews, processing requests for informatioreports, reviewing and processing contractor’s pay eproducing the minutes, maintaining construction logssite construction observation working closely with thesubcontractors. 190035, 180073 Construction Services Bio 2Diane 32 years of experience in the areas of construand onsite project administration and inspection addteam. As engineering technician for Pinellas County,administrative staff , she worked closely with the finadocuments for various utility projects. Prior to her woinspection/construction managementduties for a private engineering consultant on variousenvironmental engineering projects. Her current respproject administration (project coordination, conflict rprocessing requests for information, writing and revieprocessing contractor’s pay estimates, attending memaintaining construction logs and permit closeout). Scompiling specifications, utility locate letters, assembissuance of addenda and performs reference checkssite construction observation working closely with thesubcontractors. 180494, 180284, 172265 Areas of Specialty Construction Management Cost Accounting Administration Construction Administration LEED Building Principles Certificate Regulatory Permitting Onsite Inspection Diane Achinelli Senior Project Administrator 1365 Hamlet Avenue Clearwater, FL 33756-3331 Office Phone (727) 442-7196 Office Fax (727) 461-3827 Cell Phone 727.510.7665 Email dachinelli@mckimcreed.com Introduction Ms. Achinelli’s experience in the areas of construction administration, project accounting and onsite project administration and inspection adds depth to our team. Her current responsibilities include all aspects of project administration (project coordination, conflict resolution, submittal reviews, processing requests for information, writing and reviewing daily field reports, reviewing and processing contractor’s pay estimates, attending meetings and producing the minutes, maintaining construction logs and permit closeout). She also assists during design compiling specifications, utility locate letters, assembles final bid documents, assists in issuance of addenda and performs reference checks on project bidders. Ms. Achinelli performs site construction observation working closely with the owners, contractors and subcontractors. Previously, she was an engineering technician for Pinellas County for which she supervised administrative staff and worked closely with the finance and contracts departments on bid documents for various utility projects. Prior to her working for the County, Ms. Achinelli performed inspection/construction management duties for a private engineering consultant on various water, wastewater, stormwater and environmental engineering projects. Pipeline Design Build Diane's role is to secure the utility permits required to construct the project, and will act as the liaison between the design and design-build and the permitting agencies. Construction Services Bio 1 Diane experience in the areas of construction administration, project accounting and onsite project administration and inspection adds depth to our project team. She has been responsible for inspection and construction management duties on various wastewater, water, stormwater and environmental engineering projects. Her current responsibilities include all aspects of project administration (project coordination, conflict resolution, submittal reviews, processing requests for information, writing and reviewing daily field reports, reviewing and processing contractor’s pay estimates, attending meetings and producing the minutes, maintaining construction logs and permit closeout). She performs site construction observation working closely with the owners, contractors and subcontractors. 190035, 180073 Construction Services Bio 2 Diane 32 years of experience in the areas of construction administration, project accounting and onsite project administration and inspection adds a depth to our construction services team. As engineering technician for Pinellas County, in addition to supervising the administrative staff , she worked closely with the finance and contracts departments on bid documents for various utility projects. Prior to her working for the county, Diane performed inspection/construction management duties for a private engineering consultant on various water, wastewater, stormwater and environmental engineering projects. Her current responsibilities include all aspects of project administration (project coordination, conflict resolution, submittal reviews, processing requests for information, writing and reviewing daily field reports, reviewing and processing contractor’s pay estimates, attending meetings and producing the minutes, maintaining construction logs and permit closeout). She also assists during design compiling specifications, utility locate letters, assembles final bid documents, assists in issuance of addenda and performs reference checks on project bidders. Diane performs site construction observation working closely with the owners, contractors and subcontractors. 180494, 180284, 172265 Areas of Specialty Construction Management Cost Accounting Administration Construction Administration LEED Building Principles Certificate Regulatory Permitting Onsite Inspection Latest Projects South County Potable Water Transmis Tampa, FL Shady Hills WWTP Headworks Land O Lakes, FL Southwest WRF Biosolids Conveyor System Cape Coral, FL 20-C-0032 Water Main Improvements-D , FL Dewatering Improvements for South and Ce Ft. Myers, FL SEWRF Grease and Septage Facility Improv Bradenton, FL Plantation Bay WWTF Improvements - Preli Bunnell, FL MARS Management Improvements Bradenton, FL Lift Station 87 Design and Construction Sarasota, FL Foxfire Pump Station Modification Naples, FL INDIVIDUAL SPEAKER Citizen Comment Card Name: CAd11%ink,/rAr15 / c Address: r.C-C '`"ipt% v`— /— City C/mrd 4r., 4 2 Zip: 33 6 y, c_ 3 .,G -Y% Telephone Number: Email Address: c Lr y l k_a e ) m Speaking under citizens to be heard re items not on the agenda? Agenda item(s) to which you wish to speak. ifitptimr Aii- What is your position on the item? For Against Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#24-1001 Agenda Date: 9/4/2024 Status: Public HearingVersion: 1 File Type: Action ItemIn Control: City Attorney Agenda Number: 7.9 SUBJECT/RECOMMENDATION: Amend Council Rules and adopt Resolution 24-15. SUMMARY: As directed by City Council at the August 12 work session, the City Attorney has prepared a draft resolution relating to the annual performance reviews of the City Manager and City Attorney. Council may accept, reject, or modify the draft resolution. Page 1 City of Clearwater Printed on 9/3/2024 Resolution No. 24-15 RESOLUTION NO. 24-15 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, AMENDING COUNCIL RULES; PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 2.01(c)(1) of the City Charter requires the City Council to present a report on the evaluation of the performance of the City Manager and the City Attorney each October; and WHEREAS, neither the City Charter nor City Ordinances describe the format in which that report should be made, or the standards against which that report should be measured; and WHEREAS, the City Council adopted Resolution 23-19 in December 2023, which adopts and describes a standardized process of annual goal setting; and WHEREAS, the City Council desires to also standardize the annual review process, rating the previous fiscal year performance of the City Manager and City Attorney; and WHEREAS, the City Council has approved a written, numerical template that will be used by each Councilmember for that purpose; and WHEREAS, the approved templates are attached to this resolution, and are intended to be incorporated by reference; and WHEREAS, the use of a shared, written template will benefit the City by establishing clear expectations, and by creating a common frame of reference among individual Councilmembers; and WHEREAS, the City Council also seeks to preserve the independence of each Councilmember in arriving at individual ratings or scores; now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Council Rule 17 is hereby created to read as follows: ANNUAL PERFORMANCE REVIEWS OF THE CITY MANAGER AND CITY ATTORNEY The City Clerk shall create a public work session agenda item to be discussed at the first normally scheduled work session each October. The 2 Resolution 24-15 title of the work session agenda item shall be, “Annual evaluation of the performance and salaries of the City Manager and City Attorney.” If for any reason a public work session is not scheduled for October, or if the only public work session in October shall result in a formal Council meeting that does not occur until November, then the annual evaluation shall instead be scheduled for the first formal Council meeting in October. Prior to the first public meeting at which the annual review will be discussed, each Councilmember shall complete a written evaluation of the City Manager and City Attorney. Each Councilmember shall utilize the standard template attached to this rule, but nothing in this rule shall preclude individual Councilmembers from also completing supplemental written evaluations or remarks. Councilmembers are encouraged but not required to discuss their annual review with the City Manager and City Attorney prior to the meeting(s) at which the performance evaluation will be publicly discussed. The evaluation period shall generally encompass the previous fiscal year. In some instances, however, a reviewing Councilmember may have served in their role for less than one full year. In such instances, a review shall still be completed. Any Councilmember(s) reviewing less than a full year of performance may, in their individual option, either limit their review(s) to the time period covering the Councilmember’s time in office, or the Councilmember may consider information pre-dating the Councilmember’s time in office but still occurring within the most recent fiscal year. In some instances, the City Manager or City Attorney may have been appointed or promoted into their role less than a year before the annual review. In such cases, an annual review will still be performed in October, as required by the City Charter. The salary portion of said review shall be governed by the City Manager’s or City Attorney’s employment agreement. If the agreement is silent, any salary discussion in such cases shall be solely within the City Council’s discretion. If the annual evaluation is placed on a work session agenda, the City Council shall decide at the work session whether to discuss and present the annual evaluation during the public work session, or whether to defer the presentation until the formal Council meeting. Regardless of whether the annual evaluation is performed at a work session or a formal Council meeting, each Councilmember shall present the City Manager and City Attorney with their written evaluations, using the templates attached to this rule. When presenting their written evaluations, Councilmembers may, but are not required to, verbally discuss any or all 3 Resolution 24-15 aspects of the written review. Councilmembers may also, if they so choose, elaborate or expand upon the written review, or verbally share any separate or additional information the Councilmember deems relevant apart from the written review. After presenting each annual evaluation, the City Council shall ordinarily discuss the salary of the City Manager and the City Attorney. However, if the annual evaluation was presented at a work session, the City Council may defer any discussion regarding salary until the first formal Council meeting following the work session. As stated in Council Rule 1, no motions can be made or any formal votes taken, as to salary or any other matter, at a work session. Any motion to adjust salary, alter the employment status, or any other matter, can only be made at a formal Council meeting at which public comment is accepted. Section 2. This resolution shall take effect September 4, 2024. PASSED AND ADOPTED this 4th day of September, 2024. ____________________________ Bruce Rector Mayor Approved as to form: Attest: __________________________ _____________________________ David Margolis Rosemarie Call City Attorney City Clerk City Manager Performance Evalua�on Overall Score 1 = Minimally Effec�ve – Immediately work to improve performance in this competency area. 2 = Mostly Effec�ve – Mostly meets the expected level of performance in this competency area and exhibits room for improvement. 3 = Effec�ve – Consistently meets the expected level of performance in the competency area. 4 = Consistently exhibits the highest level of performance. Sets a new Standard. City Manager Performance Evalua�on City Manager Evalua�on Overall Score: _____ _____ Comments: ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ What competencies did you consider when evalua�ng the City Manager: ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ City Council Member Signature: __________________________________ Date: __________ Poten�al Competencies & Scoring Rubric – City Manager Choose competencies which you consider important when evalua�ng the City Manager. Choose as many or as few of the areas as you desire. Score the competencies using the following scale: 1 = Minimally Effec�ve – Immediately work to improve performance in this competency area. 2 = Mostly Effec�ve – Mostly meets the expected level of performance in this competency area and exhibits room for improvement. 3 = Effec�ve – Consistently meets the expected level of performance in the competency area. 4 = Consistently exhibits the highest level of performance in the competency area. Sets a new Standard. Individual Characteris�cs _____ Diligent and thorough in the discharge of du�es, “self-starter” _____ Exercises good judgment _____ Displays enthusiasm, coopera�on, and will to adapt _____ Mental and physical stamina appropriate for the posi�on _____ Exhibits composure, appearance, and a�tude appropriate for execu�ve posi�on Add the values from above and enter the subtotal _____ ÷ 5 = _____ score for this category Professional Skills and Status _____ Maintains knowledge of current developments affec�ng the prac�ce of local government management _____ Knowledge of Policies/Procedures/Regula�ons/Charter _____ Demonstrates a capacity for innova�on and crea�vity _____ An�cipates and analyzes problems to develop effec�ve approaches for solving them _____ Willing to try new ideas proposed by governing body members and/or staff _____ Sets a professional example by handling affairs of the public office in a fair and impar�al manner Add the values from above and enter the subtotal _____ ÷ 6 = _____ score for this category Rela�ons with Council Members _____ Carries out direc�ves of the Council as a whole as opposed to those of any one member or minority group _____ Sets mee�ng agendas that reflect the guidance of the council and avoids unnecessary involvement in administra�ve ac�ons _____ Disseminates complete and accurate informa�on equally to all members in a �mely manner _____ Assists by facilita�ng decision making without surprising authority _____ Responds well to requests, advice, and construc�ve cri�cism Add the values from above and enter the subtotal _____ ÷ 5 = _____ score for this category Policy Execu�on _____ Implements governing body ac�ons in accordance with the intent of council _____ Supports the ac�ons of the council a�er a decision has been reached, both inside and outside the organiza�on _____ Understands, supports, and enforces local government’s laws, policies, and ordinances _____ Reviews ordinance and policy procedures periodically to suggest improvements to their effec�veness _____ Offers workable alterna�ves to the council for changes in law or policy when an exis�ng policy or ordinance is no longer prac�cal Add the values from above and enter the subtotal _____ ÷ 5 = _____ score for this category Repor�ng _____ Provides regular informa�on and reports to council concerning maters of importance to the local government, using the city charter as guide _____ Responds in a �mely manner to requests from the council for special reports _____ Takes the ini�a�ve to provide informa�on, advice, and recommenda�ons to the council on maters that are non-rou�ne and not administra�ve in nature _____ Reports produced by the manager are accurate, comprehensive, concise, and writen to their intended audience _____ Produces and handles reports in a way to convey the message that affairs of the city are open to public scru�ny Add the values from above and enter the subtotal _____ ÷ 5 = _____ score for this category Ci�zen Rela�ons _____ Responsive to requests from ci�zens _____ Demonstrates a dedica�on to service to the community and its ci�zens _____ Maintains a nonpar�san approach in dealing with the news media _____ Meets with and listens to members of the community to discuss their concerns and strives to understand their interests _____ Gives an appropriate effort to maintain ci�zen sa�sfac�on with city services Add the values from above and enter the subtotal _____ ÷ 5 = _____ score for this category Staffing _____ Recruits and retains competent personnel for staff posi�ons _____ Applies an appropriate level of supervision to improve any areas of substandard performance _____ Stays accurately informed and appropriately concerned about employee rela�ons _____ Professionally manages the compensa�on and benefits plan _____ Promotes training and development opportuni�es for employees at all levels of the organiza�on Add the values from above and enter the subtotal _____ ÷ 5 = _____ score for this category Supervision _____ Encourages heads of departments to make decisions within their jurisdic�ons with minimal city manager involvement, yet maintains general control of opera�ons by providing the right amount of communica�on to the staff _____ Ins�lls confidence and promotes ini�a�ve in subordinates through suppor�ve rather than restric�ve controls for their programs while s�ll monitoring opera�ons at the department level _____ Develops and maintains a friendly and informal rela�onship with the staff and work force in general, yet maintains the professional dignity of the city manager’s office _____ Sustains or improves staff performance by evalua�ng the performance of staff members at least annually, se�ng goals and objec�ves for them, periodically assessing their progress, and providing appropriate feedback _____ Encourages teamwork, innova�on, and effec�ve problem-solving among the staff members Add the values from above and enter the subtotal _____ ÷ 5 = _____ score for this category Fiscal Management _____ Prepares a balanced budget to provide services at a level directed by council _____ Makes the best possible use of available funds, conscious of the need to operate the local government efficiently and effec�vely _____ Prepares a budget and budgetary recommenda�ons in an intelligent and accessible format _____ Ensures ac�ons and decisions reflect an appropriate level of responsibility for financial planning and accountability _____ Appropriately monitors and manages fiscal ac�vi�es of the organiza�on Add the values from above and enter the subtotal _____ ÷ 5 = _____ score for this category Community _____ Shares responsibility for addressing the difficult issues facing the city _____ Avoids unnecessary controversy _____ Cooperates with neighboring communi�es and the county _____ Helps the council address future needs and develop adequate plans to address long term trends _____ Cooperates with other regional, state, and federal government agencies Add the values from above and enter the subtotal _____ ÷ 5 = _____ score for this category City Atorney Performance Evalua�on Overall Score 1 = Minimally Effec�ve – Immediately work to improve performance in this competency area. 2 = Mostly Effec�ve – Mostly meets the expected level of performance in this competency area and exhibits room for improvement. 3 = Effec�ve – Consistently meets the expected level of performance in the competency area. 4 = Consistently exhibits the highest level of performance. Sets a new Standard. City Atorney Performance Evalua�on City Atorney Evalua�on Overall Score: _______ ___ Comments: ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ What competencies did you consider when evalua�ng the City Atorney: ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ City Council Member Signature: __________________________________ Date: __________ Poten�al Competencies & Scoring Rubric – City Atorney Choose competencies which you consider important when evalua�ng the City Attorney. Choose as many or as few of the areas as you desire. Score the competencies using the following scale: 1 = Minimally Effec�ve – Immediately work to improve performance in this competency area. 2 = Mostly Effec�ve – Mostly meets the expected level of performance in this competency area and exhibits room for improvement. 3 = Effec�ve – Consistently meets the expected level of performance in the competency area. 4 = Consistently exhibits the highest level of performance. Sets a new Standard. Individual Characteris�cs _____ Diligent and thorough in the discharge of du�es, “self-starter” _____ Exercises good judgment _____ Displays enthusiasm, coopera�on, and will to adapt _____ Mental and physical stamina appropriate for the posi�on _____ Exhibits composure, appearance, and a�tude appropriate for execu�ve posi�on Add the values from above and enter the subtotal _____ ÷ 5 = _____ score for this category Professional Skills and Status _____ Maintains knowledge of current developments affec�ng the prac�ce of local government management _____ Knowledge of Policies/Procedures/Regula�ons/Charter _____ Demonstrates a capacity for innova�on and crea�vity _____ An�cipates and analyzes problems to develop effec�ve approaches for solving them _____ Willing to try new ideas proposed by governing body members and/or staff _____ Sets a professional example by handling affairs of the public office in a fair and impar�al manner Add the values from above and enter the subtotal _____ ÷ 6 = _____ score for this category Rela�ons with Council Members _____ Carries out direc�ves of the Council as a whole as opposed to those of any one member or minority group _____ Sets mee�ng agendas that reflect the guidance of the council and avoids unnecessary involvement in administra�ve ac�ons _____ Disseminates complete and accurate informa�on equally to all members in a �mely manner _____ Assists by facilita�ng decision making without surprising authority _____ Responds well to requests, advice, and construc�ve cri�cism Add the values from above and enter the subtotal _____ ÷ 5 = _____ score for this category Policy Execu�on _____ Implements governing body ac�ons in accordance with the intent of council _____ Supports the ac�ons of the council a�er a decision has been reached, both inside and outside the organiza�on _____ Understands, supports, and enforces local government’s laws, policies, and ordinances _____ Reviews ordinance and policy procedures periodically to suggest improvements to their effec�veness _____ Offers workable alterna�ves to the council for changes in law or policy when an exis�ng policy or ordinance is no longer prac�cal Add the values from above and enter the subtotal _____ ÷ 5 = _____ score for this category Communica�on _____ Communicates effec�vely with Council, staff, and the community _____ Answers are provided in a �mely and understandable manner _____ Timelines for follow-up to requests are clearly communicated _____ Maintains poise and composure while presen�ng in emo�onally charged and crisis situa�ons _____ Maintains confiden�ality regarding all maters discussed with the Mayor, Council Members, City Manager, and staff Add the values from above and enter the subtotal _____ ÷ 5 = _____ score for this category Legal Consulta�on _____ Provides an efficient and effec�ve knowledge of the City’s Code and regula�ons _____ Provides an efficient and effec�ve knowledge of other government regula�ons and case law regarding municipal government and issues facing the City _____ Provides advice that considers the overall goals and objec�ves of the City _____ Provides the scope of legal exper�se necessary to meet the City’s needs on issues that arise _____ Proac�vely iden�fies poten�al issues when he is aware of them to avoid problems from occuring _____ Provides alterna�ve and innova�ve solu�ons to known problems Add the values from above and enter the subtotal _____ ÷ 6 = _____ score for this category Legal Representa�on _____ Represents the interests of the City as directed by the City Council _____ Effec�vely achieves the best possible legal outcomes for the City’s interests given the issues that arise _____ Represents the City in a professional and ethical manner _____ Is impar�al and objec�ve in his du�es and responsibili�es _____ Es�mates of legal impacts are reasonably accurate on a consistent basis Add the values from above and enter the subtotal _____ ÷ 5 = _____ score for this category Staff Work _____ Prepares ordinances, resolu�ons, contracts, and other legal work accurately and consistent with the direc�on and objec�ves communicated by the City Council and City Manager _____ Maintains good working rela�onships and serves as an effec�ve member of the management team _____ Accurately iden�fies and addresses all legal issues within documents and items he reviews _____ Displays a posi�ve a�tude in carrying out his responsibili�es and responding to requests _____ Is successful in accomplishing objec�ves previously established Add the values from above and enter the subtotal _____ ÷ 5 = _____ score for this category Cost/Fiscal Accountability and Control _____ Regular legal ac�vi�es are achieved within budgetary goals and limits _____ Effec�ve in minimizing legal costs by limi�ng tasks to those regarding legal issues and u�lizing City in-house staff, when possible, to perform administra�ve and other func�ons _____ Develops and u�lizes standard forms where possible to minimize prepara�on of legal documenta�on _____ Legal tasks are performed with appropriate authoriza�on according to established procedures and contract requirements _____ Costs are effec�vely managed and controlled given the issues, assignments, and requests made to the City Atorney Add the values from above and enter the subtotal _____ ÷ 5 = _____ score for this category Responsiveness/Timeliness of Ac�ons _____ Requested legal work and assignments are completed in a �mely manner within established �me frames _____ City Atorney is accessible to Council when needed for legal informa�on and assistance _____ Legal review and requests for informa�on are completed in �me to avoid delays to City projects and programs _____ Follows-up effec�vely to requests that are made by Council _____ Accurately interprets and clarifies the City Council and City Manager direc�on Add the values from above and enter the subtotal _____ ÷ 5 = _____ score for this category City Atorney Performance Evalua�on Overall Score 1 = Minimally Effec�ve – Immediately work to improve performance in this competency area. 2 = Mostly Effec�ve – Mostly meets the expected level of performance in this competency area and exhibits room for improvement. 3 = Effec�ve – Consistently meets the expected level of performance in the competency area. 4 = Consistently exhibits the highest level of performance. Sets a new Standard. City Atorney Performance Evalua�on City Atorney Evalua�on Overall Score: _______ ___ Comments: ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ What competencies did you consider when evalua�ng the City Atorney: ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ City Council Member Signature: __________________________________ Date: __________ Poten�al Competencies & Scoring Rubric – City Atorney Choose competencies which you consider important when evalua�ng the City Attorney. Choose as many or as few of the areas as you desire. Score the competencies using the following scale: 1 = Minimally Effec�ve – Immediately work to improve performance in this competency area. 2 = Mostly Effec�ve – Mostly meets the expected level of performance in this competency area and exhibits room for improvement. 3 = Effec�ve – Consistently meets the expected level of performance in the competency area. 4 = Consistently exhibits the highest level of performance. Sets a new Standard. Individual Characteris�cs _____ Diligent and thorough in the discharge of du�es, “self-starter” _____ Exercises good judgment _____ Displays enthusiasm, coopera�on, and will to adapt _____ Mental and physical stamina appropriate for the posi�on _____ Exhibits composure, appearance, and a�tude appropriate for execu�ve posi�on Add the values from above and enter the subtotal _____ ÷ 5 = _____ score for this category Professional Skills and Status _____ Maintains knowledge of current developments affec�ng the prac�ce of local government management _____ Knowledge of Policies/Procedures/Regula�ons/Charter _____ Demonstrates a capacity for innova�on and crea�vity _____ An�cipates and analyzes problems to develop effec�ve approaches for solving them _____ Willing to try new ideas proposed by governing body members and/or staff _____ Sets a professional example by handling affairs of the public office in a fair and impar�al manner Add the values from above and enter the subtotal _____ ÷ 6 = _____ score for this category Rela�ons with Council Members _____ Carries out direc�ves of the Council as a whole as opposed to those of any one member or minority group _____ Sets mee�ng agendas that reflect the guidance of the council and avoids unnecessary involvement in administra�ve ac�ons _____ Disseminates complete and accurate informa�on equally to all members in a �mely manner _____ Assists by facilita�ng decision making without surprising authority _____ Responds well to requests, advice, and construc�ve cri�cism Add the values from above and enter the subtotal _____ ÷ 5 = _____ score for this category Policy Execu�on _____ Implements governing body ac�ons in accordance with the intent of council _____ Supports the ac�ons of the council a�er a decision has been reached, both inside and outside the organiza�on _____ Understands, supports, and enforces local government’s laws, policies, and ordinances _____ Reviews ordinance and policy procedures periodically to suggest improvements to their effec�veness _____ Offers workable alterna�ves to the council for changes in law or policy when an exis�ng policy or ordinance is no longer prac�cal Add the values from above and enter the subtotal _____ ÷ 5 = _____ score for this category Communica�on _____ Communicates effec�vely with Council, staff, and the community _____ Answers are provided in a �mely and understandable manner _____ Timelines for follow-up to requests are clearly communicated _____ Maintains poise and composure while presen�ng in emo�onally charged and crisis situa�ons _____ Maintains confiden�ality regarding all maters discussed with the Mayor, Council Members, City Manager, and staff Add the values from above and enter the subtotal _____ ÷ 5 = _____ score for this category Legal Consulta�on _____ Provides an efficient and effec�ve knowledge of the City’s Code and regula�ons _____ Provides an efficient and effec�ve knowledge of other government regula�ons and case law regarding municipal government and issues facing the City _____ Provides advice that considers the overall goals and objec�ves of the City _____ Provides the scope of legal exper�se necessary to meet the City’s needs on issues that arise _____ Proac�vely iden�fies poten�al issues when he is aware of them to avoid problems from occuring _____ Provides alterna�ve and innova�ve solu�ons to known problems Add the values from above and enter the subtotal _____ ÷ 6 = _____ score for this category Legal Representa�on _____ Represents the interests of the City as directed by the City Council _____ Effec�vely achieves the best possible legal outcomes for the City’s interests given the issues that arise _____ Represents the City in a professional and ethical manner _____ Is impar�al and objec�ve in his du�es and responsibili�es _____ Es�mates of legal impacts are reasonably accurate on a consistent basis Add the values from above and enter the subtotal _____ ÷ 5 = _____ score for this category Staff Work _____ Prepares ordinances, resolu�ons, contracts, and other legal work accurately and consistent with the direc�on and objec�ves communicated by the City Council and City Manager _____ Maintains good working rela�onships and serves as an effec�ve member of the management team _____ Accurately iden�fies and addresses all legal issues within documents and items he reviews _____ Displays a posi�ve a�tude in carrying out his responsibili�es and responding to requests _____ Is successful in accomplishing objec�ves previously established Add the values from above and enter the subtotal _____ ÷ 5 = _____ score for this category Cost/Fiscal Accountability and Control _____ Regular legal ac�vi�es are achieved within budgetary goals and limits _____ Effec�ve in minimizing legal costs by limi�ng tasks to those regarding legal issues and u�lizing City in-house staff, when possible, to perform administra�ve and other func�ons _____ Develops and u�lizes standard forms where possible to minimize prepara�on of legal documenta�on _____ Legal tasks are performed with appropriate authoriza�on according to established procedures and contract requirements _____ Costs are effec�vely managed and controlled given the issues, assignments, and requests made to the City Atorney Add the values from above and enter the subtotal _____ ÷ 5 = _____ score for this category Responsiveness/Timeliness of Ac�ons _____ Requested legal work and assignments are completed in a �mely manner within established �me frames _____ City Atorney is accessible to Council when needed for legal informa�on and assistance _____ Legal review and requests for informa�on are completed in �me to avoid delays to City projects and programs _____ Follows-up effec�vely to requests that are made by Council _____ Accurately interprets and clarifies the City Council and City Manager direc�on Add the values from above and enter the subtotal _____ ÷ 5 = _____ score for this category City Manager Performance Evalua�on Overall Score 1 = Minimally Effec�ve – Immediately work to improve performance in this competency area. 2 = Mostly Effec�ve – Mostly meets the expected level of performance in this competency area and exhibits room for improvement. 3 = Effec�ve – Consistently meets the expected level of performance in the competency area. 4 = Consistently exhibits the highest level of performance. Sets a new Standard. City Manager Performance Evalua�on City Manager Evalua�on Overall Score: _____ _____ Comments: ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ What competencies did you consider when evalua�ng the City Manager: ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ City Council Member Signature: __________________________________ Date: __________ Poten�al Competencies & Scoring Rubric – City Manager Choose competencies which you consider important when evalua�ng the City Manager. Choose as many or as few of the areas as you desire. Score the competencies using the following scale: 1 = Minimally Effec�ve – Immediately work to improve performance in this competency area. 2 = Mostly Effec�ve – Mostly meets the expected level of performance in this competency area and exhibits room for improvement. 3 = Effec�ve – Consistently meets the expected level of performance in the competency area. 4 = Consistently exhibits the highest level of performance in the competency area. Sets a new Standard. Individual Characteris�cs _____ Diligent and thorough in the discharge of du�es, “self-starter” _____ Exercises good judgment _____ Displays enthusiasm, coopera�on, and will to adapt _____ Mental and physical stamina appropriate for the posi�on _____ Exhibits composure, appearance, and a�tude appropriate for execu�ve posi�on Add the values from above and enter the subtotal _____ ÷ 5 = _____ score for this category Professional Skills and Status _____ Maintains knowledge of current developments affec�ng the prac�ce of local government management _____ Knowledge of Policies/Procedures/Regula�ons/Charter _____ Demonstrates a capacity for innova�on and crea�vity _____ An�cipates and analyzes problems to develop effec�ve approaches for solving them _____ Willing to try new ideas proposed by governing body members and/or staff _____ Sets a professional example by handling affairs of the public office in a fair and impar�al manner Add the values from above and enter the subtotal _____ ÷ 6 = _____ score for this category Rela�ons with Council Members _____ Carries out direc�ves of the Council as a whole as opposed to those of any one member or minority group _____ Sets mee�ng agendas that reflect the guidance of the council and avoids unnecessary involvement in administra�ve ac�ons _____ Disseminates complete and accurate informa�on equally to all members in a �mely manner _____ Assists by facilita�ng decision making without surprising authority _____ Responds well to requests, advice, and construc�ve cri�cism Add the values from above and enter the subtotal _____ ÷ 5 = _____ score for this category Policy Execu�on _____ Implements governing body ac�ons in accordance with the intent of council _____ Supports the ac�ons of the council a�er a decision has been reached, both inside and outside the organiza�on _____ Understands, supports, and enforces local government’s laws, policies, and ordinances _____ Reviews ordinance and policy procedures periodically to suggest improvements to their effec�veness _____ Offers workable alterna�ves to the council for changes in law or policy when an exis�ng policy or ordinance is no longer prac�cal Add the values from above and enter the subtotal _____ ÷ 5 = _____ score for this category Repor�ng _____ Provides regular informa�on and reports to council concerning maters of importance to the local government, using the city charter as guide _____ Responds in a �mely manner to requests from the council for special reports _____ Takes the ini�a�ve to provide informa�on, advice, and recommenda�ons to the council on maters that are non-rou�ne and not administra�ve in nature _____ Reports produced by the manager are accurate, comprehensive, concise, and writen to their intended audience _____ Produces and handles reports in a way to convey the message that affairs of the city are open to public scru�ny Add the values from above and enter the subtotal _____ ÷ 5 = _____ score for this category Ci�zen Rela�ons _____ Responsive to requests from ci�zens _____ Demonstrates a dedica�on to service to the community and its ci�zens _____ Maintains a nonpar�san approach in dealing with the news media _____ Meets with and listens to members of the community to discuss their concerns and strives to understand their interests _____ Gives an appropriate effort to maintain ci�zen sa�sfac�on with city services Add the values from above and enter the subtotal _____ ÷ 5 = _____ score for this category Staffing _____ Recruits and retains competent personnel for staff posi�ons _____ Applies an appropriate level of supervision to improve any areas of substandard performance _____ Stays accurately informed and appropriately concerned about employee rela�ons _____ Professionally manages the compensa�on and benefits plan _____ Promotes training and development opportuni�es for employees at all levels of the organiza�on Add the values from above and enter the subtotal _____ ÷ 5 = _____ score for this category Supervision _____ Encourages heads of departments to make decisions within their jurisdic�ons with minimal city manager involvement, yet maintains general control of opera�ons by providing the right amount of communica�on to the staff _____ Ins�lls confidence and promotes ini�a�ve in subordinates through suppor�ve rather than restric�ve controls for their programs while s�ll monitoring opera�ons at the department level _____ Develops and maintains a friendly and informal rela�onship with the staff and work force in general, yet maintains the professional dignity of the city manager’s office _____ Sustains or improves staff performance by evalua�ng the performance of staff members at least annually, se�ng goals and objec�ves for them, periodically assessing their progress, and providing appropriate feedback _____ Encourages teamwork, innova�on, and effec�ve problem-solving among the staff members Add the values from above and enter the subtotal _____ ÷ 5 = _____ score for this category Fiscal Management _____ Prepares a balanced budget to provide services at a level directed by council _____ Makes the best possible use of available funds, conscious of the need to operate the local government efficiently and effec�vely _____ Prepares a budget and budgetary recommenda�ons in an intelligent and accessible format _____ Ensures ac�ons and decisions reflect an appropriate level of responsibility for financial planning and accountability _____ Appropriately monitors and manages fiscal ac�vi�es of the organiza�on Add the values from above and enter the subtotal _____ ÷ 5 = _____ score for this category Community _____ Shares responsibility for addressing the difficult issues facing the city _____ Avoids unnecessary controversy _____ Cooperates with neighboring communi�es and the county _____ Helps the council address future needs and develop adequate plans to address long term trends _____ Cooperates with other regional, state, and federal government agencies Add the values from above and enter the subtotal _____ ÷ 5 = _____ score for this category IIIIUI V IIJUT1L Vi LT%RLII Citizen Comment Card Name: Address: 8'53- 'i4-B(ud, 41-707 City: C j :.->A4e&. ert-c.t. r-(, Zip: 3 3 76, 1 Telephone Number: -244- '1/S/ 3‘,=) Email Address: g"-._cly••,,1•.e2.ts e Speaking under citizens to be heard re items not on the agenda? Agenda item(s) to which you wish to speak 7. q What is your position on the item? For %( .a„t Against Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#24-0886 Agenda Date: 9/4/2024 Status: Agenda ReadyVersion: 1 File Type: City Manager Verbal Report In Control: City Council Agenda Number: 8.1 SUBJECT/RECOMMENDATION: North Beach Update Page 1 City of Clearwater Printed on 9/3/2024