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09/04/2025Thursday, September 4, 2025 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 September 4, 2025City 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. 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 Mayors’ Monarch Pledge Day Proclamation - Cassie Cordova, Public Works Sustainability Division Manager 4.2 Find the Good Day Proclamation - The Junior League of Clearwater-Dunedin 4.3 City of Clearwater Red-Light Cameras Annual Report Presentation. 5. Approval of Minutes 5.1 Approve the minutes of the August 21, 2025 City Council meeting as submitted in written summation by the City Clerk. Page 2 City of Clearwater Printed on 9/2/2025 September 4, 2025City Council Meeting Agenda Public Hearings - Not before 6:00 PM 6. 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 6.1 Approve the annexation, initial Future Land Use Map designation of Residential Low (RL) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1408 Seabreeze Street, together with the abutting right-of-way of Seabreeze Street, and pass Ordinances 9828-25, 9829-25, and 9830-25 on first reading. (ANX2025-04004) 6.2 Approve the annexation, initial Future Land Use Map designation of Residential Low (RL) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1115 Ridge Avenue, together with certain Ridge Avenue right-of-way, and pass Ordinances 9831-25, 9832-25, and 9833-25 on first reading. (ANX2025-05005) 6.3 Approve the annexation, initial Future Land Use Map designation of Residential Urban (RU) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 3133 Downing Street and pass Ordinances 9837-25, 9838-25 and 9839-25 on first reading. (ANX2025-06007) 6.4 Authorize an increase to the current contract with American Traffic Solutions, Inc., doing business as Verra Mobility Systems, for postage needed for the red light camera violations through the agreement term in the amount of $175,000.00 bringing the total amount to $943,600.00 and authorize the appropriate officials to execute same. 6.5 Authorize citywide purchase orders to Belfor USA Group, Inc., Lemoine Services Holdings, LP, Royal Plus, Inc., and SLSCO LTD to perform as needed emergency response mitigation and restoration services to various facilities throughout the city for the initial term of September 4, 2025 through September 3, 2026, with four, one-year renewal options pursuant to Request for Proposal (RFP) No. 26-25; authorize restoration services on multiple projects for the initial term in a not-to-exceed amount of $3,500,000.00; and authorize the appropriate officials to execute same. Page 3 City of Clearwater Printed on 9/2/2025 September 4, 2025City Council Meeting Agenda 6.6 Approve a Capital Project Funding Agreement grant for the renovations of the Eddie C. Moore Softball Complex, Fields 1 through 4 in the amount of $7,750,000, between Pinellas County and the City of Clearwater and authorize the appropriate officials to execute same. 6.7 Authorize purchase orders to CTC Disaster Response Inc., Davey Tree Expert Company, O’Neils LLC and Tip Top Tree Experts LLC for emergency services related to the removal of leaner, hanger and stumps throughout the City for initial term of September 4, 2025 through September 3, 2026, with three, one-year renewal options pursuant to Invitation to Bid (ITB) No. 24-25 and authorize the appropriate officials to execute same. 6.8 Approve a modification to the scope for the Long Center Renovation Project (21-0026-PR) to include repair of leaks in the Olympic pool and renovations of the pool shell on both the Olympic pool and the therapy pool and authorize the appropriate officials to execute same. 6.9 Approve Change Order No. 1 to Rowland Inc. (an Allclear Company) of Pinellas Park, FL, for the Reclaimed Water Piping Improvements Project, ITB 21-0029-UT, extending the contract duration by 365 days, from April 3, 2025, to April 2, 2026, and authorize the appropriate officials to execute the necessary documents. 6.10 Authorize a purchase order to EWT Holdings Ill dba Evoqua Water Technologies, LLC (Evoqua) of Sarasota, FL for chemical tank and feed rental and bulk odor control chemical delivery in the not-to-exceed amount of $255,000.00, beginning August 22, 2025 through July 19, 2026, pursuant to Clearwater Code of Ordinances Section 2.563(1 )(c), Piggyback, and authorize the appropriate officials to execute same. 6.11 Approve a five-year Lease Agreement between the City of Clearwater Police Department and Intercultural Advocacy Institute for the police sub-station vacant space located at 1498 South Martin Luther King Jr Ave, Clearwater, FL and authorize the appropriate officials to execute same. 6.12 Increase domestic water, lawn water, wastewater collection, and reclaimed water rates annually by 8.00% effective October 1, 2025 - October 1, 2029 and pass Ordinance 9841-25 on first reading. 6.13 Approve the Joint Participation Agreement (JPA) G3F99 between the City of Clearwater and the State of Florida Department of Transportation (FDOT), Construction of Corporate Hangars at the Clearwater Airpark, authorize the appropriate officials to execute same, and adopt Resolution 25-10. 6.14 Approve Slip Rate Increases for Marina Transient, Recreational and Commercial Tenants. Page 4 City of Clearwater Printed on 9/2/2025 September 4, 2025City Council Meeting Agenda 6.15 Approve a Capital Project Funding Agreement grant for the construction of the Clearwater Beach Marina in the amount of $7,850,000, between Pinellas County and the City of Clearwater and authorize the appropriate officials to execute same. 6.16 Award a construction contract to Creative Contractors Inc, of Clearwater Florida, for the construction of a downtown parking garage in the not exceed amount of $19,328,118.96 pursuant to Invitation to Bid (ITB) 22-0011-EN and authorize the appropriate officials to execute same. 6.17 Approve a purchase order to E.J. Ward, Inc. of San Antonio, TX, for the renewal of the License, Hardware, Maintenance, and Services Agreement related to fuel management software and hardware, GPS equipment and services, and associated professional services in an amount not to exceed $406,097.67, of which $158,497.16 is a ratify and confirm, for the term October 1, 2024 through September 14, 2026, pursuant to Clearwater Code of Ordinances Section 2.563 (1)(c) (Piggyback) and authorize the appropriate officials to execute same. 7. Second Readings - Public Hearing 7.1 Adopt Ordinance 9821-25 on second reading to vacate the westerly 5' foot utility easement as platted by request of landowners Sandra & Joseph Capper located at 1086 Eldorado Ave, Clearwater, FL 33767 as further defined a portion of Lot 10, Block 70, along with a portion of the South ½ of Lot 11, Block 70, Mandalay, a subdivision according to the Plat thereof recorded in Plat Book 14, Page 32, Pubic Records of Pinellas County, Florida. 7.2 Adopt Ordinance 9834-25 on second reading, annexing certain real property whose post office address is 2201 Main Street, Dunedin, Florida into the corporate limits of the city and redefining the boundary lines of the city to include said addition. 7.3 Adopt Ordinance 9835-25 on second reading, to change future the land use designation for certain real property located on the southeast corner of Main Street and Belcher Road, whose post office address is 2201 Main Street, Dunedin, Florida from undesignated (Pinellas County) to Institutional (I). 7.4 Adopt Ordinance 9836-25 on second reading, amending the Zoning Atlas of the city by rezoning certain real property located on the southeast corner of Main Street and Belcher Road, whose post office address is 2201 Main Street, Dunedin, Florida from undesignated (Pinellas County) to Institutional (I). 8. City Manager Reports Page 5 City of Clearwater Printed on 9/2/2025 September 4, 2025City Council Meeting Agenda 8.1 Alligator Creek Flood Insurance Rate Map (FIRM) Changes. 9. City Attorney Reports 10. Closing comments by Councilmembers (limited to 3 minutes) 11. Closing Comments by Mayor 12. Adjourn Page 6 City of Clearwater Printed on 9/2/2025 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#25-0806 Agenda Date: 9/4/2025 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: City Council Agenda Number: 4.1 SUBJECT/RECOMMENDATION: Mayors’ Monarch Pledge Day Proclamation - Cassie Cordova, Public Works Sustainability Division Manager Page 1 City of Clearwater Printed on 9/2/2025 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#25-0819 Agenda Date: 9/4/2025 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: City Council Agenda Number: 4.2 SUBJECT/RECOMMENDATION: Find the Good Day Proclamation - The Junior League of Clearwater-Dunedin Page 1 City of Clearwater Printed on 9/2/2025 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#25-0798 Agenda Date: 9/4/2025 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: Police Department Agenda Number: 4.3 SUBJECT/RECOMMENDATION: City of Clearwater Red-Light Cameras Annual Report Presentation. SUMMARY: In accordance with the July 2024 legislative changes to Florida State Statute 316.0083 - Mark Wandall Traffic Safety Program - the annual report detailing the results of all red-light cameras (traffic infraction detectors) within the City of Clearwater, will be presented to the Clearwater City Council. As part of the City of Clearwater's Traffic Safety Improvement Program, Red Light Cameras were installed at two intersections to reduce the occurrence of red-light running crashes and the injuries or fatalities associated with these incidents. The City of Clearwater identified two intersections with elevated rates of red-light violations and related crashes, based on data from 2009 to 2010. Initially, Redflex Inc. managed the program. In June 2021, following the completion of an acquisition, Redflex Inc. became a wholly owned subsidiary of Verra Mobility. The "Warning" and "Public Education" campaign commenced on July 1, 2012, and concluded on July 30, 2012. The "Notice of Violation" period began on July 31, 2012, at 12:01 AM. At the January 18, 2024, City Council meeting, the Council approved a 5-year renewal agreement with Verra Mobility for Red Light Cameras. The day-to-day operations of the program are handled by a part-time/permanent Police Service Technician (PST). Since the program's inception is still ongoing, the Clearwater Police Department monitors Red Light cameras at the following intersections: Gulf to Bay Boulevard and Belcher Road - Eastbound Gulf to Bay Boulevard and Belcher Road - Westbound Fort Harrison Avenue and Chestnut Street - Eastbound Page 1 City of Clearwater Printed on 9/2/2025 File Number: ID#25-0798 In July 2024, the Legislature revised reporting requirements under Florida State Statue 316.0083 Mark Wandall Traffic Safety Program. Municipalities must prepare an annual report of the results of all red-light cameras (traffic infraction detectors) that must be placed on the agenda. The summary report includes data gathered by the City, in conjunction with the City’s red light camera vendor, Verra Mobility, during the reporting period of July 1, 2024 through June 30, 2025. STRATEGIC PRIORITY: 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 2 City of Clearwater Printed on 9/2/2025 Red-Light Camera Annual Report July 1, 2024 - June 30, 2025 In 2012, as part of the city of Clearwater's Traffic Safety Improvement Program, Red Light Cameras were installed at two intersections to reduce the occurrence of red-light running crashes and the injuries or fatalities associated with these violations. The vendor selected for the project was Redflex Inc. Redlex Inc. managed the detection devices and associated software while the Clearwater Police Department administered the program with a part-time employee funded by the fees collected. In 2021, Redflex Inc. was acquired as a subsidiary of Verra Mobility. In 2024, we entered into a new agreement with Verra Mobility for continuity of service. Program Summary •Gulf to Bay Boulevard and Belcher Road (Eastbound) •Gulf to Bay Boulevard and Belcher Road (Westbound) •Fort Harrison Avenue and Chestnut Street (Eastbound) Red-Light Camera Intersections (2012-Present) Beginning in July of 2024, a municipality or county operating Red-Light Cameras or (Traffic Infraction Detectors) must provide a verbal annual report to the governing body. The report requires specific items and may appear on a regular or special meeting but it can’t be on a consent agenda. Legislative Changes to Reporting Requirements - 2024 July 1, 2024 – June 30, 2025 / Data provided by Verra Mobility The number of Notices of Violations (NOVs) issued 15,464 Total Hearings 86 The number that were contested 39 The number that were upheld 45 The number that were dismissed 2 The number that were issued as a Uniform Traffic Citation (UTC) 2,338 The number that were paid 8,914 How the funds were disbursed Next slide How the Funds are Disbursed The fine is $158 –Distributed as follows: $70 to the State Department of Revenue (DOR) for deposit into the General Revenue Fund $10 to State DOR for deposit into the Department of Health Emergency Medical Services Trust Fund $3 to State DOR for deposit into the Brain and Spinal Cord Injury Trust Fund $75 shall be retained by the county or municipality In Clearwater, a portion of that $75 is used to pay for the part-time program administrator, a monthly per camera fee to Verra Mobility and the cost for them to mail the violations. Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#25-0115 Agenda Date: 9/4/2025 Status: Agenda ReadyVersion: 1 File Type: MinutesIn Control: City Council Agenda Number: 5.1 SUBJECT/RECOMMENDATION: Approve the minutes of the August 21, 2025 City Council meeting as submitted in written summation by the City Clerk. Page 1 City of Clearwater Printed on 9/2/2025 City Council Meeting Minutes August 21, 2025 Page 1 City of Clearwater City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 Meeting Minutes Thursday, August 21, 2025 6:00 PM Main Library - Council Chambers City Council Draft City Council Meeting Minutes August 21, 2025 Page 2 City of Clearwater Roll Call Present: 5 - Mayor Bruce Rector, Vice Mayor Lina Teixeira, Councilmember David Allbritton, Councilmember Ryan Cotton and Councilmember Michael Mannino Also Present: Jennifer Poirrier – City Manager, Daniel Slaughter – Assistant City Manager, Alfred Battle – Assistant City Manager, David Margolis – City Attorney, and Nicole Sprague – Deputy City Clerk. To provide continuity for research, items are listed in agenda order although not necessarily discussed in that order. Draft 1. Call to Order – Mayor Rector The meeting was called to order at 6:00 p.m. 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.) – Given. 4.1 Fire Oaths The Deputy City Clerk administered the Oath of Office to: Wyatt Henry, Dexter Humphreys, Chancellor Kelly, Raymond Ligon, Caroline Osburn, Rami Serrai, Logan Short, Kelloch Smith, and Charles Stokes. 5. Approval of Minutes 5.1 Approve the minutes of the August 7, 2025 City Council meeting as submitted in written summation by the City Clerk. Vice Mayor Teixeira moved to approve the minutes of the August 7, 2025 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, and 6.4. 6.1 Approve agreement for professional external audit services for five fiscal years ending September 30, 2025, through 2029, with the accounting/auditing firm of Cherry Bekaert, LLP, for a not-to-exceed amount of $825,000.00 pursuant to RFP 32-25 and authorize Draft City Council Meeting Minutes August 21, 2025 Page 3 City of Clearwater the appropriate officials to execute same. (consent) See below. 6.2 Approve a purchase order to Rep Services, Inc., of Longwood, Florida for the purchase and installation of playground equipment at Marymont Park located at 1900 Gilbert Street in the total amount of $258,226.72, pursuant to Clearwater Code of Ordinances Sections 2.563(1)(c), piggyback, and 2.563(1)(d), Impractical; and authorize the appropriate officials to execute same. (consent) 6.3 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 $22,969.15 for police overtime, and authorize the appropriate officials to execute same. (consent) See below. 6.4 Approve an agreement with the Pinellas County Sheriff’s Office, Largo, Florida, in the amount not to exceed $520,996.00 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, 2025 through September 30, 2026, and authorize the appropriate officials to execute same. (consent) See below. 6.5 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 25, 2025, located at the Countryside Mall and authorize the appropriate officials to execute same. (consent) 6.6 Authorize a purchase order to Trane U.S. Inc. for the procurement of Heating, Ventilation, and Air Conditioning (HVAC) equipment replacements, repair parts, and related services in a cumulative amount not to exceed $4,500,000.00 through August 31, 2027, pursuant to City Code of Ordinances Section 2.563(1)(c) Piggyback and authorize the appropriate officials to execute same (consent) 6.7 Approve purchase orders to Nichols Contracting, Inc. and TK Elevator for the repair and/or replacement of damaged elevators caused by Hurricane Helene in the cumulative amount of $883,468.93 pursuant to Request for Proposal (RFP) 28-25 and authorize appropriate officials to execute same. (consent) 6.8 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 $193,316.00 for the fourth term beginning October 1, 2025, through September 30, 2026, pursuant to Clearwater Code of Ordinances Section 2.563(1)(d), Non-Competitive Purchases, and authorize the appropriate officials to execute same. (consent) 6.9 Approve a purchase order to Oracle America, Inc. of Redwood Shores, CA for software maintenance in a not-to-exceed amount of $210,704.79 for a one-year term pursuant to Clearwater Code of Ordinances Section 2.563 (1)(a), Single Source, and authorize the appropriate officials to execute same. Draft City Council Meeting Minutes August 21, 2025 Page 4 City of Clearwater 6.10 Approve Architect of Record (AOR) Consulting Services Agreements, as listed, to provide architectural and related services under a continuing contract for a four-year term pursuant to Request for Qualifications (RFQ) 29-25 and authorize the appropriate officials to execute same. (consent) Councilmember Allbritton moved to approve the Consent Agenda as submitted, less Items 6.1, 6.3, and 6.4, and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. 6.1 Approve agreement for professional external audit services for five fiscal years ending September 30, 2025, through 2029, with the accounting/auditing firm of Cherry Bekaert, LLP, for a not-to-exceed amount of $825,000.00 pursuant to RFP 32-25 and authorize the appropriate officials to execute same. (consent) The City employed the accounting/auditing firm of Carr, Riggs & Ingram, LLC for external auditing services for the five fiscal years ending September 30, 2020, through 2024. Per City Charter, Article II, Section 2.01(c)(3), the City cannot employ an external audit firm for more than five consecutive years. The City solicited proposals for external auditing services from qualified firms per Request for Proposal 32-25 issued April 23, 2025. Six firms submitted proposals that were reviewed and ranked by the City’s Auditor Selection Committee, consisting of Councilmember Mike Mannino and two citizens who were appointed by Council. The RFP process was conducted in accordance with Section 218.391, Florida Statutes. Cherry Bekaert, LLP emerged as the top ranked firm. The proposed contract includes a fixed fee of $150,000.00 for the fiscal year 2025 audit, representing a 14.5% increase from the fiscal year 2024 audit fee of $131,000.00. Subsequent audit fees are $153,750.00 for fiscal year 2026, $157,595.00 for fiscal year 2027, $161,535.00 for fiscal year 2028, and $165,570.00 for fiscal year 2029. An additional $36,550.00 is included in the funding request for additional hourly services as needed for expenses related to any significant changes in the scope of the audit due to new governmental accounting and auditing standards/practices, federal grants or other. APPROPRIATION CODE AND AMOUNT: Budgeted funds for this agreement are available in the Finance, Professional Services expense code 0109821-530100. STRATEGIC PRIORITY: 1.1 Provide evidence-based measurement tools to continually guide municipal performance and promote accountable governance. One individual spoke in support. Councilmember Mannino moved to approve agreement for Draft City Council Meeting Minutes August 21, 2025 Page 5 City of Clearwater professional external audit services for five fiscal years ending September 30, 2025, through 2029, with the accounting/auditing firm of Cherry Bekaert, LLP, for a not-to-exceed amount of $825,000.00 pursuant to RFP 32-25 and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. 6.3 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 $22,969.15 for police overtime, and authorize the appropriate officials to execute same. (consent) 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 $22,969.15 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 8, 2026. Tier 2 locations commence February 1, 2026 and end May 8, 2026. 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 Draft City Council Meeting Minutes August 21, 2025 Page 6 City of Clearwater operating budget nor is there a required match. APPROPRIATION CODE AND AMOUNT: Special project number G2510 - Pedestrian/Bicycle Safety Grant 2026, will be established to account for the grant 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. One individual spoke in opposition. Comments were made that the items help address pedestrian safety and a step toward achieving zero traffic deaths. Councilmember Cotton moved to 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 $22,969.15 for police overtime, and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. 6.4 Approve an agreement with the Pinellas County Sheriff’s Office, Largo, Florida, in the amount not to exceed $520,996.00 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, 2025 through September 30, 2026, and authorize the appropriate officials to execute same.(consent) 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 2026 is $520,996.00, which reflects a 1.4% decrease. Any funds remaining from unused services will be refunded to the city. The agreement is based on the following projections and associated costs: -Forensic Crime Scene Processing - 800 cases at $327.52 each ($262,016.00). -Fingerprint Services - 450 cases at $120.40 each ($54,180.00). Draft City Council Meeting Minutes August 21, 2025 Page 7 City of Clearwater -Property and Evidence Storage - 11,000 items at $16.90 each ($185,900.00). -Juvenile Assessment Center - 225 juveniles booked at $84.00 each ($18,900.00). APPROPRIATION CODE AND AMOUNT: Funding for this contractual agreement, in the amount of $520,996.00, is included in the Police Department’s fiscal year 2026 operating budget request for cost code, 0101155-530300, contractual services. The operations of the Police Department are funded by General Fund revenues. STRATEGIC PRIORITY: This project is relevant towards accomplishing the strategic goal of a High Preforming Government, specifically strategic objective 1.4 to foster safe and healthy communities in Clearwater through first-class public safety and emergency response services. One individual spoke in opposition. Vice Mayor Teixeira moved to approve an agreement with the Pinellas County Sheriff’s Office, Largo, Florida, in the amount not to exceed $520,996.00 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, 2025 through September 30, 2026, and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. Public Hearings - Not before 6:00 PM 7. Administrative Public Hearings 7.1 Appoint 10 members to the 2025 Affordable Housing Advisory Committee to include the appointment of a locally elected official and adopt Resolution 25-11. 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 eleven members appointed by the City Council. 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: Draft City Council Meeting Minutes August 21, 2025 Page 8 City of Clearwater • Banking industry/mortgage: Robyn Fiel • Area of labor engaged in home building: Frank Cornier • Advocate for low-income person: Christine Bond • Not-for-profit provider of affordable housing: Charessa Doty • Representative of employers: Kelly A Batsford • Clearwater resident: Linda Byers • Member of the local planning agency: Michelle Chenault • Essential Services representative: Cheri DeBlaere • Locally elected official: Mike Mannino • Area of residential home build with a connection to affordable housing: Rick Vail 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, 2025, 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 stability and reduces the incidence of homelessness within Clearwater. Resolution 25-11 was presented and read by title only. Councilmember Allbritton moved to appoint ten members to the 2025 Affordable Housing Advisory Committee to include the appointment of a locally elected official and adopt Resolution 25-11. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Rector, Vice Mayor Teixeira, Councilmember Allbritton, Councilmember Cotton and Councilmember Mannino 7.2 Approve the State Housing Initiatives Partnership (SHIP) Program Annual Report and Local Housing Incentive Certification for the closeout year 2022-2023 and interim year 2023-2024 and allow appropriate officials to execute same. The Florida Legislature enacted the William E. Sadowski Affordable Housing Act Draft City Council Meeting Minutes August 21, 2025 Page 9 City of Clearwater (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 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 demographic data such as income level, age, household size, race, and information on special needs populations which includes individuals experiencing homelessness, 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 derived from document stamps charged on real estate transactions. 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. For closeout year 2022-2023, the City received $1,127,930 from the state annual distribution, $772,574 in program income and related interest, carryover of a negative balance of $6,653.72 from previous year funds for FY 2021-2022 total revenue of $1,855,891. The city expended a total of $1,855,891 to assist twenty-five (25) families utilizing its approved strategies. The city expended $579,525 on purchase assistance, $302,549 on owner-occupied rehabilitation, and $830,442 on construction of four new single-family homes. SHIP funding has a positive impact on the City’s economy, as evidenced by activities in closeout year 2022-2023, where the City expended $1,855,891 SHIP strategies in SHIP dollars to leverage approximately $1,974,559 in other funds. Additionally, the city spent $151,421 on program administration. The City’s SHIP program will carry a positive balance of $7,959 into FY 2023-24 which will be closed out this time next year. STRATEGIC PRIORITY: Draft City Council Meeting Minutes August 21, 2025 Page 10 City of Clearwater Objective 2.4 - Supports equitable housing programs that promote household stability and reduces the incidence of homelessness within Clearwater. Councilmember Mannino moved to approve the State Housing Initiatives Partnership (SHIP) Program Annual Report and Local Housing Incentive Certification for the closeout year 2022-2023 and interim year 2023-2024 and allow appropriate officials to execute same. The motion was duly seconded and carried unanimously. 7.3 Continue to September 18, 2025: Adopt ordinance 9840-25 on second reading, amending Clearwater Code of Ordinances Chapter 22, Article II, Sections 22.24(1) and 22.42(6) by authorizing the limited use of certain vehicles on public beaches by permit pursuant to amendments to F.S. 161.58. No action taken. 7.4 Update council rules and adopt Resolution 25-12. During the August 4 work session, the City Council discussed the City's policies and practices regarding proclamations. The Council reached consensus to reserve time during each work session for Councilmembers to make comments of their choosing. These comments may relate to upcoming proclamations, or they may relate to other topics. The City Attorney has drafted the attached update for Council's consideration. Please note that the rules as drafted do not explicitly require proclamation(s) to be attached to the work session agenda. However, this can be done administratively by staff. This practice can also be codified in the formal rules if needed." Resolution 25-12 was presented and read by title only. Councilmember Allbritton move to update council rules and adopt Resolution 25-12. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Rector, Vice Mayor Teixeira, Councilmember Allbritton, Councilmember Cotton and Councilmember Mannino 7.5 Approve the vacation of the westerly 5-foot utility easement as platted, requested by landowners Sandra and Joseph Capper located at 1086 Eldorado Ave, Clearwater, FL 33767 as further defined a portion of Lot 10, Block 70, along with a portion of the south ½ Draft City Council Meeting Minutes August 21, 2025 Page 11 City of Clearwater of Lot 11, Block 70, Mandalay, a subdivision according to the plat thereof recorded in Plat Book 14, Page 32, Pubic Records of Pinellas County, Florida, and pass Ordinance 9821-25 on first reading. The platted utility easement encumbers the parcel without purpose. There are no public or private utilities within this easement. Staff have reviewed and approved this request. STRATEGIC PRIORITY: Embrace a culture of innovation that drives continuous improvement and successfully serves all our customers. Ordinance 9821-25 was presented and read by title only. Vice Mayor Teixeira moved to approve the vacation of the westerly 5-foot utility easement as platted, requested by landowners Sandra and Joseph Capper located at 1086 Eldorado Ave, Clearwater, FL 33767 as further defined a portion of Lot 10, Block 70, along with a portion of the south ½ of Lot 11, Block 70, Mandalay, a subdivision according to the plat thereof recorded in Plat Book 14, Page 32, Pubic Records of Pinellas County, Florida, and pass Ordinance 9821-25 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Rector, Vice Mayor Teixeira, Councilmember Allbritton, Councilmember Cotton and Councilmember Mannino 7.6 Approve the annexation of 2201 Main Street, Dunedin, Florida, and pass Ordinance 9834-25 on first reading. (ANX2025-05006). This voluntary annexation petition involves a 0.70-acre property consisting of one parcel of land occupied by a vacant lot. The property is located southeast corner of Main Street and Belcher Road. The applicant is requesting annexation in order to receive sanitary sewer and solid waste service from the city. The property is contiguous to existing city boundaries along the east and south. The parcel is part of a larger site, comprised of two lots, and the subject property is located outside of the city’s Planning Area, as depicted on Map I.1 in Clearwater 2045, the city’s Comprehensive Plan. The overall site is currently being redeveloped with a medical center (freestanding emergency room), and the primary structure has been permitted by the city of Clearwater. The subject property will provide surface parking for the new building, and certain utilities are Draft City Council Meeting Minutes August 21, 2025 Page 12 City of Clearwater located on the property. The parcel was previously located within the city of Dunedin city limits; however, Dunedin City Commission voted to contract its boundaries to remove this property, and the parcel is temporarily part of unincorporated Pinellas County. This process will allow the city of Clearwater to annex the property, and for the city to provide all utility services to the site. The applicant has also submitted applications to amend the property’s Future Land Use Map designation of undesignated (Pinellas County) to Institutional (I) (LUP2025-05001) and to rezone the property from undesignated (Pinellas County) to Institutional (I) (REZ2025-05001) upon annexation into the City of Clearwater. The Planning and Development Department determined that the proposed annexation is consistent with the provisions of Community Development Code Section 4-604.E as follows: • The city has adequate capacity to serve this property with sanitary sewer, solid waste, police, fire and EMS service. The property currently receives water service from the city of Clearwater. The closest sanitary sewer line is located in the adjacent Main Street right-of-way. The applicant has paid the city's sewer impact and assessment fees and has been connected to the City's sewer system. Collection of solid waste will be provided by the city of Clearwater. The property is located within Police District III and service will be administered through the district headquarters located at 2851 McMullen Booth Road. Fire and emergency medical services will be provided to this property by Station #49 located at 565 Sky Harbor Drive. Therefore, the proposed annexation will not have an adverse effect on public services and their levels of service; and • The proposed annexation is consistent with and promotes the following objective of Clearwater 2045: Objective PI 9.1 Continue to work with Pinellas County in the orderly annexation of the city’s existing enclaves. • The property proposed for annexation is contiguous to existing City boundaries along the east and south; therefore, the annexation is consistent with Florida Statutes Chapter 171.044. STRATEGIC PRIORITY: This annexation petition supports the Deliver Effective and Efficient Services by Optimizing City Assets and Resources goal of the city’s Strategic Plan by Draft City Council Meeting Minutes August 21, 2025 Page 13 City of Clearwater reducing enclaves and delivering city services to properties within the city’s service boundary. This petition also supports Ensure Exceptional Communities and Neighborhoods Where Everyone Can Thrive goal by better unifying neighborhoods and reducing issues with multiple jurisdictions. One individual spoke in support and thanked staff for their assistance and creativity that made this project possible. Ordinance 9834-25 was presented and read by title only. Councilmember Allbritton moved to approve the annexation of 2201 Main Street, Dunedin, Florida, and pass Ordinance 9834-25 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Rector, Vice Mayor Teixeira, Councilmember Allbritton, Councilmember Cotton and Councilmember Mannino 7.7 Approve a Future Land Use Map amendment from undesignated (Pinellas County) to the Institutional (I) category for 2201 Main Street, Dunedin, Florida, and pass Ordinance 9835-25 on first reading. (LUP2025-05001) This Future Land Use Map amendment involves one parcel of land totaling 0.70-acres located on the southeast corner of Main Street and Belcher Road. The applicant, Largo Medical Center Inc., is requesting to amend the future land use category of the property from undesignated (Pinellas County) to Institutional (I). The applicant has indicated that the property will be used as additional parking for the medical center which has been permitted and is under construction on the abutting parcel to the east. A Zoning Atlas Amendment application (see REZ2025-05001) is being processed concurrently with this case. At the time of permitting, the subject property was located in the city of Dunedin. However, Dunedin contracted its city limits (6/5/2025) and the property is currently undesignated in Pinellas County. This coordinated process of annexation into the city of Clearwater (ANX2025-05006) and associated map amendments will create uniformity for the development site. It has been determined that the City of Clearwater is able to provide services to the site. The previous Retail & Services (R&S) category (Dunedin) has a maximum density of 42 dwelling units per acre and a maximum floor area ratio (FAR) of 0.55. The proposed Institutional (I) category has a maximum density of 12.5 dwelling units per acre and a maximum floor area ratio (FAR) of 0.65. The proposed amendment would allow the property to have a consistent future land Draft City Council Meeting Minutes August 21, 2025 Page 14 City of Clearwater use category of Institutional (I) with the surrounding area in addition to the rest of the site. The Planning and Development Department has determined that the proposed future land use amendment is consistent with the provisions of the Clearwater Community Development Code as specified below: • The proposed amendment is consistent with the Comprehensive Plan and the Countywide Plan Rules. • The proposed amendment is compatible with the surrounding properties and character of the neighborhood. • Sufficient public facilities are available to serve the property. • The proposed amendment will not have an adverse impact on the natural environment. • The proposed amendment will not have an adverse impact on the use of property in the immediate area. The proposed City of Clearwater future land use category of Institutional (I) will necessitate an amendment of the Countywide Plan Map from the Retail & Sales (R&S) category to the Institutional (I) category. In accordance with the Countywide Plan Rules, the land use plan amendment is subject to the approval of Forward Pinellas, in its role as the Pinellas Planning Council, and the Board of County Commissioners acting as the Countywide Planning Authority. The application is a small-scale amendment so review and approval by the Florida Department of Commerce (DOC), formerly known as the Florida DEO, is not required. The Community Development Board, in its capacity as the Local Planning Agency (LPA), reviewed the proposed amendment at its meeting on July 15, 2025, and unanimously recommended approval. STRATEGIC PRIORITY: This proposed amendment supports the Community Well-Being goal of the city’s Strategic Plan by providing for targeted revitalization through responsible development standards. Ordinance 9835-25 was presented and read by title only. Councilmember Mannino moved to approve a Future Land Use Map amendment from undesignated (Pinellas County) to the Institutional (I) category for 2201 Main Street, Dunedin, Florida, and pass Ordinance 9835-25 on first reading. The motion was Draft City Council Meeting Minutes August 21, 2025 Page 15 City of Clearwater duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Rector, Vice Mayor Teixeira, Councilmember Allbritton, Councilmember Cotton and Councilmember Mannino 8. Quasi-Judicial Public Hearings 1. Staff states its recommendation and briefly summarizes its reasons for the recommendation and submits record (minutes, staff report, and application) adduced before the Community Development Board (2 minutes). 2. Applicant presents case, including its testimony and exhibits (15 minutes). 3. Staff presents further evidence (10 minutes). 4. Public comment. 5. City Council discussion. 6. Applicant may call witnesses in rebuttal (5 minutes). 7. Conclusion by applicant (3 minutes). 8. Decision. 8.1 Approve a Zoning Atlas Amendment from undesignated (Pinellas County) to the Institutional (I) District for 2201 Main Street, Dunedin, Florida and pass Ordinance 9836-25 on first reading. (REZ2025-05001). This Zoning Atlas Amendment involves one parcel of land totaling .70-acres located on the southeast corner of Main Street and Belcher Road. The applicant, Largo Medical Center Inc., is requesting to amend the zoning designation of the property from undesignated (Pinellas County) to Institutional (I) District. The applicant has indicated that the property will be used as additional parking for the medical center, site plans have been submitted at this time. A Future Land Use Atlas Amendment application (see LUP2025-05001) is being processed concurrently with this case. In previous years, this parcel was occupied by an auto and truck dealership. The Largo Medical Center will install a parking area for the new medical emergency facility at the corner of Main Street and Belcher Road. This parcel has already been contracted out of the City of Dunedin planning area, temporarily returning to unincorporated Pinellas County, and now is proposed to be annexed into the City of Clearwater to create uniformity between jurisdiction, future land use and zoning. It has been determined that the City of Clearwater is able to provide services to the site The proposed amendment would allow the property to have a consistent zoning district of Institutional (I) with the remaining block and surrounding area and allow for the development of the property with uses consistent in the area. Draft City Council Meeting Minutes August 21, 2025 Page 16 City of Clearwater The Planning and Development Department has determined that the proposed Zoning Atlas Amendment is consistent with the provisions of the Community Development Code as specified below: • The proposed amendment is consistent with the Comprehensive Plan and the Community Development Code. • The proposed amendment is compatible with the surrounding properties and character of the neighborhood. • The available uses in the Institutional (I) District are compatible with the surrounding area. • The proposed amendment will not adversely impact or unreasonably affect the use of other property in the area. • The proposed amendment will not adversely burden public facilities, including traffic carrying capabilities of streets in an unreasonably or disproportionate manner, and • The proposed Institutional (I) District boundaries are appropriately drawn in regard to location and classification of street, ownership lines, existing improvements and the natural environment. The Community Development Board, in its capacity as the Local Planning Agency (LPA), reviewed the proposed amendment at its meeting on July 15, 2025, and unanimously recommended approval. STRATEGIC PRIORITY: This proposed amendment supports the Community Well-Being goal of the city’s Strategic Plan by providing for targeted revitalization through responsible development standards. Ordinance 9836-25 was presented and read by title only. Councilmember Cotton moved to approve a Zoning Atlas Amendment from undesignated (Pinellas County) to the Institutional (I) District for 2201 Main Street, Dunedin, Florida and pass Ordinance 9836-25 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Rector, Vice Mayor Teixeira, Councilmember Allbritton, Councilmember Cotton and Councilmember Mannino 9. City Manager Reports The Deputy City Clerk reminded all that a special council meeting for the budget will be September 3, 2025 at 6:00 p.m. for City Council and 5:15 Draft City Council Meeting Minutes August 21, 2025 Page 17 City of Clearwater p.m. for the Downtown Development Board. Due to the holiday, there is no work session scheduled prior to the meetings. 10. City Attorney Reports – None. 11. Closing comments by Councilmembers (limited to 3 minutes) Councilmember Allbritton said he was excited to remind all that the groundbreaking for the Clearwater Multi Modal Transit Center will be held tomorrow at 2:00 p.m. 12. Closing Comments by Mayor 12. Closing Comments by Mayor The Mayor said he recently received a proclamation request from the Red Star Foundation, which honors families who have lost a servicemember, veteran, or first responder to suicide. The organization is headquartered in Clearwater. He said the Foundation has started a designation program similar to the Purple Heart City designation and have invited Clearwater to be the first Red Star City. The proclamation presentation is scheduled for the next council meeting. 13. Adjourn The meeting adjourned at 7:05 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: ANX2025-04004 Agenda Date: 9/4/2025 Status: Public HearingVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 6.1 SUBJECT/RECOMMENDATION: Approve the annexation, initial Future Land Use Map designation of Residential Low (RL) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1408 Seabreeze Street, together with the abutting right-of-way of Seabreeze Street, and pass Ordinances 9828-25, 9829-25, and 9830-25 on first reading. (ANX2025-04004) SUMMARY: This voluntary annexation petition involves a 0.15-acre property consisting of one parcel of land occupied by a detached dwelling. The property is located on the north side of Seabreeze Street approximately 145 feet east of Sunny Park Road. The applicant is requesting annexation in order to receive sanitary sewer and solid waste service from the city. The Development Review Committee is proposing that the 0.09-acres of abutting Seabreeze Street right-of-way not currently within the city limits also be annexed. The property is contiguous to existing city boundaries to the west. The property is proposed to be assigned a Future Land Use Map designation of Residential Low (RL) and a Zoning Atlas designation of Low Medium Density Residential (LMDR). The Planning and Development Department determined that the proposed annexation is consistent with the provisions of Community Development Code Section 4-604.E as follows: ·The city has adequate capacity to serve this property with sanitary sewer, solid waste, police, fire and EMS service. The property currently receives water service from the city of Clearwater. The closest sanitary sewer line is located in the adjacent Seabreeze Street right-of-way. The applicant has not paid the city's sewer impact and assessment fees and is aware of the additional costs to extend city sewer service to this property. Collection of solid waste will be provided by the city of Clearwater. The property is located within Police District II and service will be administered through the district headquarters located at 645 Pierce Street. Fire and emergency medical services will be provided to this property by Station #47 located at 1460 Lakeview Road. Therefore, the proposed annexation will not have an adverse effect on public services and their levels of service; and ·The proposed annexation is consistent with and promotes the following objective and policy of Clearwater 2045, the city’s Comprehensive Plan: Objective PI 9.1 Continue to work with Pinellas County in the orderly annexation of the city’s existing enclaves. Policy PI 9.1.2 Continue to process voluntary annexations for single-family residential properties upon request. ·The proposed Residential Low (RL) Future Land Use Map designation is consistent with the current Countywide Plan designation of the property. This designation primarily permits residential uses at a density of 5 units per acre. The proposed zoning district to be assigned to the property is the Low Medium Density Residential (LMDR) District. The use of the subject property is consistent with the uses allowed in Page 1 City of Clearwater Printed on 9/2/2025 File Number: ANX2025-04004 the District and the property exceeds the District’s minimum dimensional requirements. The proposed annexation is therefore consistent with the Countywide Plan and the city’s Comprehensive Plan and Community Development Code; and ·The property proposed for annexation is contiguous to existing city boundaries to the west; therefore, the annexation is consistent with Florida Statutes Chapter 171.044. STRATEGIC PRIORITY: This annexation petition supports the Deliver Effective and Efficient Services by Optimizing City Assets and Resources goal of the city’s Strategic Plan by reducing enclaves and delivering city services to properties within the city’s service boundary. This petition also supports Ensure Exceptional Communities and Neighborhoods Where Everyone Can Thrive goal by better unifying neighborhoods and reducing issues with multiple jurisdictions. Page 2 City of Clearwater Printed on 9/2/2025 Ordinance No. 9828-25 ORDINANCE NO. 9828-25 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF SEABREEZE STREET APPROXIMATELY 145 FEET EAST OF SUNNY PARK ROAD, WHOSE POST OFFICE ADDRESS IS 1408 SEABREEZE STREET, CLEARWATER, FLORIDA 33756, TOGETHER WITH ABUTTING SEABREEZE STREET RIGHT-OF-WAY, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit “A” has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: Lot 21, Block B, Sunny Park Groves, according to the Plat thereof, recorded in Plat Book 36, Page(s) 2, of the Public Records of Pinellas County, Florida; together with all the abutting unincorporated Right-of-Way (60LF, more or less) of 1408 Seabreeze Street Right-of-Way. (ANX2025-04004) The map attached as Exhibit “A” is hereby incorporated by reference. Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Community Development Coordinator are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. Ordinance No. 9828-25 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Bruce Rector Mayor Approved as to form: Matthew J. Mytych, Esq Senior Assistant City Attorney Attest: Rosemarie Call, MPA, MMC City Clerk Exhibit “A” PROPOSED ANNEXATION Owner(s): Emre Erin & Seray Sevim Erin Case: ANX2025-04004 Site: 1408 Seabreeze Street Property Size(Acres): ROW (Acres): 0.16 Acres 0.09 Acres Land Use Zoning PIN: 23-29-15-86958-002-0210 From: Residential Low (RL) R-3 Single Family Residential Atlas Page: 315A To: Residential Low (RL) Low Medium Density (LMDR) Ordinance No. 9829-25 ORDINANCE NO. 9829-25 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF SEABREEZE STREET APPROXIMATELY 145 FEET EAST OF SUNNY PARK ROAD, WHOSE POST OFFICE ADDRESS IS 1408 SEABREEZE STREET, CLEARWATER, FLORIDA 33756, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL LOW (RL); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the Future Land Use Element of the Comprehensive Plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The Future Land Use Element of the Comprehensive Plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Land Use Category Lot 21, Block B, Sunny Park Groves, according to the Plat thereof, recorded in Plat Book 36, Page(s) 2, of the Public Records of Pinellas County, Florida. Residential Low (RL) (ANX2025-04004) The map attached as Exhibit “A” is hereby incorporated by reference. Section 2. The City Council does hereby certify that this ordinance is consistent with the City’s Comprehensive Plan. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 9828-25. Ordinance No. 9829-25 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Bruce Rector Mayor Approved as to form: Matthew J. Mytych, Esq Senior Assistant City Attorney Attest: Rosemarie Call, MPA, MMC City Clerk Exhibit “A” PROPOSED FUTURE LAND USE Owner(s): Emre Erin & Seray Sevim Erin Case: ANX2025-04004 Site: 1408 Seabreeze Street Property Size(Acres): ROW (Acres): 0.16 Acres 0.09 Acres Land Use Zoning PIN: 23-29-15-86958-002-0210 From: Residential Low (RL) R-3 Single Family Residential Atlas Page: 315A To: Residential Low (RL) Low Medium Density (LMDR) Ordinance No. 9830-25 ORDINANCE NO. 9830-25 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF SEABREEZE STREET APPROXIMATELY 145 FEET EAST OF SUNNY PARK ROAD, WHOSE POST OFFICE ADDRESS IS 1408 SEABREEZE STREET, CLEARWATER, FLORIDA 33756, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the Zoning Atlas of the City is amended, as follows: The map attached as Exhibit “A” is hereby incorporated by reference. Section 2. The City Engineer is directed to revise the Zoning Atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 9828-25. Property Zoning District Lot 21, Block B, Sunny Park Groves, according to the Plat thereof, recorded in Plat Book 36, Page(s) 2, of the Public Records of Pinellas County, Florida. Low Medium Density Residential (LMDR) (ANX2025-04004) Ordinance No. 9830-25 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Bruce Rector Mayor Approved as to form: Matthew J. Mytych, Esq Senior Assistant City Attorney Attest: Rosemarie Call, MPA, MMC City Clerk Exhibit “A” PROPOSED ZONING MAP Owner(s): Emre Erin & Seray Sevim Erin Case: ANX2025-04004 Site: 1408 Seabreeze Street Property Size(Acres): ROW (Acres): 0.16 Acres 0.09 Acres Land Use Zoning PIN: 23-29-15-86958-002-0210 From: Residential Low (RL) R-3 Single Family Residential Atlas Page: 315A To: Residential Low (RL) Low Medium Density (LMDR) LOCATION MAP Owner(s): Emre Erin & Seray Sevim Erin Case: ANX2025-04004 Site: 1408 Seabreeze Street Property Size(Acres): ROW (Acres): 0.16 Acres 0.09 Acres Land Use Zoning PIN: 23-29-15-86958-002-0210 From: Residential Low (RL) R-3 Single Family Residential Atlas Page: 315A To: Residential Low (RL) Low Medium Density (LMDR) AERIAL PHOTOGRAPH Owner(s): Emre Erin & Seray Sevim Erin Case: ANX2025-04004 Site: 1408 Seabreeze Street Property Size(Acres): ROW (Acres): 0.16 Acres 0.09 Acres Land Use Zoning PIN: 23-29-15-86958-002-0210 From: Residential Low (RL) R-3 Single Family Residential Atlas Page: 315A To: Residential Low (RL) Low Medium Density (LMDR) EXISTING SURROUNDING USES Owner(s): Emre Erin & Seray Sevim Erin Case: ANX2025-04004 Site: 1408 Seabreeze Street Property Size(Acres): ROW (Acres): 0.16 Acres 0.09 Acres Land Use Zoning PIN: 23-29-15-86958-002-0210 From: Residential Low (RL) R-3 Single Family Residential Atlas Page: 315A To: Residential Low (RL) Low Medium Density (LMDR) ANX2025-04004 Emre and Sevim Erin 1408 Seabreeze Avenue Facing north at the subject property, 1408 Seabreeze Avenue Facing south of the subject property along Seabreeze Avenue Facing east of the subject property along Seabreeze Avenue Facing west of the subject property along Seabreeze Avenue Facing east along Seabreeze Avenue Facing west along Seabreeze Avenue Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ANX2025-05005 Agenda Date: 9/4/2025 Status: Public HearingVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 6.2 SUBJECT/RECOMMENDATION: Approve the annexation, initial Future Land Use Map designation of Residential Low (RL) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1115 Ridge Avenue, together with certain Ridge Avenue right-of-way, and pass Ordinances 9831-25, 9832-25, and 9833-25 on first reading. (ANX2025-05005) SUMMARY: This voluntary annexation petition involves a 0.17-acre property consisting of one parcel of land occupied by a detached dwelling. The property is located on the east side of Ridge Avenue approximately 432 feet south of Long Street. The applicant is requesting annexation in order to receive sanitary sewer and solid waste service from the city. The Development Review Committee is proposing that the 0.20-acres of Ridge Avenue right-of-way not currently within the city limits also be annexed. The property is contiguous to existing city boundaries to the north, south, and east. The property is proposed to be assigned a Future Land Use Map designation of Residential Low (RL) and a Zoning Atlas designation of Low Medium Density Residential (LMDR). The Planning and Development Department determined that the proposed annexation is consistent with the provisions of Community Development Code Section 4-604.E as follows: ·The city has adequate capacity to serve this property with sanitary sewer, solid waste, police, fire and EMS service. The property currently receives water service from the city of Clearwater. The closest sanitary sewer line is located along the eastern (rear) property line. The applicant has paid the city's sewer impact and assessment fees and is aware of the additional costs to extend city sewer service to this property. Collection of solid waste will be provided by the city of Clearwater. The property is located within Police District II and service will be administered through the district headquarters located at 645 Pierce Street. Fire and emergency medical services will be provided to this property by Station #51 located at 1712 Overbrook Avenue. Therefore, the proposed annexation will not have an adverse effect on public services and their levels of service; and ·The proposed annexation is consistent with and promotes the following objective and policy of Clearwater 2045, the city’s Comprehensive Plan: Objective PI 9.1 Continue to work with Pinellas County in the orderly annexation of the city’s existing enclaves. Policy PI 9.1.2 Continue to process voluntary annexations for single-family residential properties upon request. ·The proposed Residential Low (RL) Future Land Use Map designation is consistent with the current Countywide Plan designation of the property. This designation primarily permits residential uses at a density of 5 units per acre. The proposed zoning district to be assigned to the property is the Low Medium Density Residential (LMDR) District. The use of the subject property is consistent with the uses allowed in Page 1 City of Clearwater Printed on 9/2/2025 File Number: ANX2025-05005 the District and the property exceeds the District’s minimum dimensional requirements. The proposed annexation is therefore consistent with the Countywide Plan and the city’s Comprehensive Plan and Community Development Code; and ·The property proposed for annexation is contiguous to existing city boundaries to the north, south, and east; therefore, the annexation is consistent with Florida Statutes Chapter 171.044. STRATEGIC PRIORITY: This annexation petition supports the Deliver Effective and Efficient Services by Optimizing City Assets and Resources goal of the city’s Strategic Plan by reducing enclaves and delivering city services to properties within the city’s service boundary. This petition also supports Ensure Exceptional Communities and Neighborhoods Where Everyone Can Thrive goal by better unifying neighborhoods and reducing issues with multiple jurisdictions. Page 2 City of Clearwater Printed on 9/2/2025 Ordinance No. 9831-25 ORDINANCE NO. 9831-25 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF RIDGE AVENUE APPROXIMATELY 432 FEET SOUTH OF LONG STREET, WHOSE POST OFFICE ADDRESS IS 1115 RIDGE AVENUE, CLEARWATER, FLORIDA 33755, TOGETHER WITH CERTAIN RIDGE AVENUE RIGHT-OF-WAY, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit “A” has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: Lot 5, Block 5, HIGHLAND PINES, a subdivision according to the plat thereof recorded at Plat Book 30, Page 41, in the Public Records of Pinellas County, Florida; together with all unincorporated Right-of-Way on Ridge Avenue abutting Lots 4 and 5, Blocks 5. (ANX2025-05005) The map attached as Exhibit “A” is hereby incorporated by reference. Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Community Development Coordinator are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. Ordinance No. 9831-25 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Bruce Rector Mayor Approved as to form: Matthew J. Mytych, Esq Senior Assistant City Attorney Attest: Rosemarie Call, MPA, MMC City Clerk Exhibit “A” PROPOSED ANNEXATION Owner(s): Kenneth Bade & Amandine Tedeschi Case: ANX2025-05005 Site: 1115 Ridge Avenue Property Size(Acres): ROW (Acres): 0.17 acres 0.20 acres Land Use Zoning PIN: 11-29-15-39060-005-0050 From: Residential Low (RL) R-3, Single Family Residential Atlas Page: 270B To: Residential Low (RL) Low Medium Density Residential (LMDR) Ordinance No. 9832-25 ORDINANCE NO. 9832-25 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF RIDGE AVENUE APPROXIMATELY 432 FEET SOUTH OF LONG STREET, WHOSE POST OFFICE ADDRESS IS 1115 RIDGE AVENUE, CLEARWATER, FLORIDA 33755, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL LOW (RL); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the Future Land Use Element of the Comprehensive Plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The Future Land Use Element of the Comprehensive Plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Land Use Category Lot 5, Block 5, HIGHLAND PINES, a subdivision according to the plat thereof recorded at Plat Book 30, Page 41, in the Public Records of Pinellas County, Florida. Residential Low (RL) (ANX2025-05005) The map attached as Exhibit “A” is hereby incorporated by reference. Section 2. The City Council does hereby certify that this ordinance is consistent with the City’s Comprehensive Plan. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 9831-25. Ordinance No. 9832-25 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Bruce Rector Mayor Approved as to form: Matthew J. Mytych, Esq Senior Assistant City Attorney Attest: Rosemarie Call, MPA, MMC City Clerk Exhibit “A” PROPOSED FUTURE LAND USE MAP Owner(s): Kenneth Bade & Amandine Tedeschi Case: ANX2025-05005 Site: 1115 Ridge Avenue Property Size(Acres): ROW (Acres): 0.17 acres 0.20 acres Land Use Zoning PIN: 11-29-15-39060-005-0050 From: Residential Low (RL) R-3, Single Family Residential Atlas Page: 270B To: Residential Low (RL) Low Medium Density Residential (LMDR) Ordinance No. 9833-25 ORDINANCE NO. 9833-25 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF RIDGE AVENUE APPROXIMATELY 432 FEET SOUTH OF LONG STREET, WHOSE POST OFFICE ADDRESS IS 1115 RIDGE AVENUE, CLEARWATER, FLORIDA 33755, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the Zoning Atlas of the City is amended, as follows: The map attached as Exhibit “A” is hereby incorporated by reference. Section 2. The City Engineer is directed to revise the Zoning Atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 9831-25. Property Zoning District Lot 5, Block 5, HIGHLAND PINES, a subdivision according to the plat thereof recorded at Plat Book 30, Page 41, in the Public Records of Pinellas County, Florida. Low Medium Density Residential (LMDR) (ANX2025-05005) Ordinance No. 9833-25 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Bruce Rector Mayor Approved as to form: Matthew J. Mytych, Esq Senior Assistant City Attorney Attest: Rosemarie Call, MPA, MMC City Clerk Exhibit “A” PROPOSED ZONING MAP Owner(s): Kenneth Bade & Amandine Tedeschi Case: ANX2025-05005 Site: 1115 Ridge Avenue Property Size(Acres): ROW (Acres): 0.17 acres 0.20 acres Land Use Zoning PIN: 11-29-15-39060-005-0050 From: Residential Low (RL) R-3, Single Family Residential Atlas Page: 270B To: Residential Low (RL) Low Medium Density Residential (LMDR) LOCATION MAP Owner(s): Kenneth Bade & Amandine Tedeschi Case: ANX2025-05005 Site: 1115 Ridge Avenue Property Size(Acres): ROW (Acres): 0.17 acres 0.20 acres Land Use Zoning PIN: 11-29-15-39060-005-0050 From: Residential Low (RL) R-3, Single Family Residential Atlas Page: 270B To: Residential Low (RL) Low Medium Density Residential (LMDR) AERIAL PHOTOGRAPH Owner(s): Kenneth Bade & Amandine Tedeschi Case: ANX2025-05005 Site: 1115 Ridge Avenue Property Size(Acres): ROW (Acres): 0.17 acres 0.20 acres Land Use Zoning PIN: 11-29-15-39060-005-0050 From: Residential Low (RL) R-3, Single Family Residential Atlas Page: 270B To: Residential Low(RL) Low Medium Density Residential (LMDR) EXISTING SURROUNDING USES MAP Owner(s): Kenneth Bade & Amandine Tedeschi Case: ANX2025-05005 Site: 1115 Ridge Avenue Property Size(Acres): ROW (Acres): 0.17 acres 0.20 acres Land Use Zoning PIN: 11-29-15-39060-005-0050 From: Residential Low (RL) R-3, Single Family Residential Atlas Page: 270B To: Residential Low (RL) Low Medium Density Residential (LMDR) ANX2025-05005 Kenneth & Amandine Bade 1115 Ridge Avenue Facing east at the subject property, 1115 Ridge Avenue Facing west of the subject property along Ridge Avenue Facing south of the subject property along Ridge Avenue Facing north of the subject property along Ridge Avenue Facing west along Ridge Avenue Facing north along Ridge Avenue Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ANX2025-06007 Agenda Date: 9/4/2025 Status: Public HearingVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 6.3 SUBJECT/RECOMMENDATION: Approve the annexation, initial Future Land Use Map designation of Residential Urban (RU) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 3133 Downing Street and pass Ordinances 9837-25, 9838-25 and 9839-25 on first reading. (ANX2025-06007) SUMMARY: This voluntary annexation petition involves a 0.21-acre property consisting of one parcel of land occupied by a detached dwelling. The property is located on the south side of Downing Street, approximately 795 feet west of South Bayshore Boulevard. The applicant is requesting annexation in order to receive sanitary sewer and solid waste service from the city. The property is located within an enclave and is contiguous to existing city boundaries on all sides; therefore, the annexation will eliminate an enclave. The property is proposed to be assigned a Future Land Use Map designation of Residential Urban (RU) and a Zoning Atlas designation of Low Medium Density Residential (LMDR). The Planning and Development Department determined that the proposed annexation is consistent with the provisions of Community Development Code Section 4-604.E as follows: ·The city has adequate capacity to serve this property with sanitary sewer, solid waste, police, fire and EMS service. The property currently receives water service from the city of Clearwater. The closest sanitary sewer line is located in the adjacent Downing Street right-of-way. The applicant has paid the city's sewer impact and assessment fees and is aware of the additional costs to extend city sewer service to this property. Collection of solid waste will be provided by the city of Clearwater. The property is located within Police District III and service will be administered through the district headquarters located at 2851 McMullen Booth Road. Fire and emergency medical services will be provided to this property by Station #49 located at 565 Sky Harbor Drive. Therefore, the proposed annexation will not have an adverse effect on public services and their levels of service; and ·The proposed annexation is consistent with and promotes the following objective and policy of Clearwater 2045, the city’s Comprehensive Plan: Objective PI 9.1 Continue to work with Pinellas County in the orderly annexation of the city’s existing enclaves. Policy PI 9.1.2 Continue to process voluntary annexations for single-family Page 1 City of Clearwater Printed on 9/2/2025 File Number: ANX2025-06007 residential properties upon request. Policy A.7.2.4 Allow voluntary annexations for noncontiguous properties that are within an enclave as defined by Section 171.031(13)(a), Florida Statutes (“Type A” enclaves) and as authorized by the 2014 Interlocal Service Boundary Agreement (ISBA) between Pinellas County and municipalities, including the City of Clearwater. ·The proposed Residential Urban (RU) Future Land Use Map designation is consistent with the current Countywide Plan designation of the property. This designation primarily permits residential uses at a density of 7.5 units per acre. The proposed zoning district to be assigned to the property is the Low Medium Density Residential (LMDR) District. The use of the subject property is consistent with the uses allowed in the District and the property exceeds the District’s minimum dimensional requirements. The proposed annexation is therefore consistent with the Countywide Plan and the city’s Comprehensive Plan and Community Development Code; and ·The property proposed for annexation is contiguous to city boundaries on all sides; therefore consistent with Florida Statutes Chapter 171.44. STRATEGIC PRIORITY: This annexation petition supports the Deliver Effective and Efficient Services by Optimizing City Assets and Resources goal of the city’s Strategic Plan by reducing enclaves and delivering city services to properties within the city’s service boundary. This petition also supports Ensure Exceptional Communities and Neighborhoods Where Everyone Can Thrive goal by better unifying neighborhoods and reducing issues with multiple jurisdictions. Page 2 City of Clearwater Printed on 9/2/2025 Ordinance No. 9837-25 ORDINANCE NO. 9837-25 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF DOWNING STREET APPROXIMATELY 795 FEET WEST OF SOUTH BAYSHORE BOULEVARD, WHOSE POST OFFICE ADDRESS IS 3133 DOWNING STREET, CLEARWATER, FLORIDA 33759 INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit “A” has petitioned the City of Clearwater to annex the property into the City pursuant to the Interlocal Service Boundary Agreement authorized by Part II of Chapter 171, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: Lot 12, DOWNING SUBDIVISION, according to the map or plat thereof, as recorded in Plat Book 26, page 79, of the Public Records of Pinellas County, Florida. (ANX2025-06007) The map attached as Exhibit “A” is hereby incorporated by reference. Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Community Development Coordinator are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. Ordinance No. 9837-25 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Bruce Rector Mayor Approved as to form: Matthew J. Mytych, Esq Senior Assistant City Attorney Attest: Rosemarie Call, MPA, MMC City Clerk PROPOSED ANNEXATION Owner(s): Sharon Doyon Case: ANX2025-06007 Site: 3133 Downing Street Property Size(Acres): ROW (Acres): 0.21 Acres Land Use Zoning PIN: 16-29-16-22410-000-0120 From: To: Residential Urban (RU) Residential Urban (RU) R-3 Single Family Residential Low Medium Density Residential (LMDR) Atlas Page: 292A Ordinance No. 9838-25 ORDINANCE NO. 9838-25 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF DOWNING STREET APPROXIMATELY 795 FEET WEST OF SOUTH BAYSHORE BOULEVARD, WHOSE POST OFFICE ADDRESS IS 3133 DOWNING STREET, CLEARWATER, FLORIDA 33759, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL URBAN (RU); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the Future Land Use Element of the Comprehensive Plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The Future Land Use Element of the Comprehensive Plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Land Use Category Lot 12, DOWNING SUBDIVISION, according to the map or plat thereof, as recorded in Plat Book 26, page 79, of the Public Records of Pinellas County, Florida. Residential Urban (RU) (ANX2025-06007) The map attached as Exhibit “A” is hereby incorporated by reference. Section 2. The City Council does hereby certify that this ordinance is consistent with the City’s Comprehensive Plan. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 9837-25. Ordinance No. 9838-25 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Bruce Rector Mayor Approved as to form: Matthew J. Mytych, Esq Senior Assistant City Attorney Attest: Rosemarie Call, MPA, MMC City Clerk PROPOSED FUTURE LAND USE MAP Owner(s): Sharon Doyon Case: ANX2025-06007 Site: 3133 Downing Street Property Size(Acres): ROW (Acres): 0.21 Acres Land Use Zoning PIN: 16-29-16-22410-000-0120 From: To: Residential Urban (RU) Residential Urban (RU) R-3 Single Family Residential Low Medium Density Residential (LMDR) Atlas Page: 292A Ordinance No. 9839-25 ORDINANCE NO. 9839 -25 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF DOWNING STREET APPROXIMATELY 795 FEET WEST OF SOUTH BAYSHORE BOULEVARD, WHOSE POST OFFICE ADDRESS IS 3133 DOWNING STREET, CLEARWATER, FLORIDA 33759, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the Zoning Atlas of the City is amended, as follows: The map attached as Exhibit “A” is hereby incorporated by reference. Section 2. The City Engineer is directed to revise the Zoning Atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 9837-25. Property Zoning District Lot 12, DOWNING SUBDIVISION, according to the map or plat thereof, as recorded in Plat Book 26, page 79, of the Public Records of Pinellas County, Florida. Low Mediaum Density Residential (LMDR) (ANX2025-06007) Ordinance No. 9839-25 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Bruce Rector Mayor Approved as to form: Matthew J. Mytych, Esq Senior Assistant City Attorney Attest: Rosemarie Call, MPA, MMC City Clerk PROPOSED ZONING MAP Owner(s): Sharon Doyon Case: ANX2025-06007 Site: 3133 Downing Street Property Size(Acres): ROW (Acres): 0.21 Acres Land Use Zoning PIN: 16-29-16-22410-000-0120 From: To: Residential Urban (RU) Residential Urban (RU) R-3 Single Family Residential Low Medium Density Residential (LMDR) Atlas Page: 292A LOCATION MAP Owner(s): Sharon Doyon Case: ANX2025-06007 Site: 3133 Downing Street Property Size(Acres): ROW (Acres): 0.21 Acres Land Use Zoning PIN: 16-29-16-22410-000-0120 From: To: Residential Urban (RU) Residential Urban (RU) R-3 Single Family Residential Low Medium Density Residential (LMDR) Atlas Page: 292A AERIAL PHOTOGRAPH Owner(s): Sharon Doyon Case: ANX2025-06007 Site: 3133 Downing Street Property Size(Acres): ROW (Acres): 0.21 Acres Land Use Zoning PIN: 16-29-16-22410-000-0120 From: To: Residential Urban (RU) Residential Urban (RU) R-3 Single Family Residential Low Medium Density Residential (LMDR) Atlas Page: 292A EXISTING SURROUNDING USES MAP Owner(s): Sharon Doyon Case: ANX2025-06007 Site: 3133 Downing Street Property Size(Acres): ROW (Acres): 0.21 Acres Land Use Zoning PIN: 16-29-16-22410-000-0120 From: To: Residential Urban (RU) Residential Urban (RU) R-3 Single Family Residential Low Medium Density Residential (LMDR) Atlas Page: 292A ANX2025-06007 Sharon Doyon 3133 Downing Street Facing south at the subject property, 3133 Downing Street Facing north of the subject property along Downing Street Facing east of the subject property along Downing Street Facing west of the subject property along Downing Street Facing east along Downing Street Facing west along Downing Street Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#25-0726 Agenda Date: 9/4/2025 Status: Public HearingVersion: 1 File Type: Action ItemIn Control: Police Department Agenda Number: 6.4 SUBJECT/RECOMMENDATION: Authorize an increase to the current contract with American Traffic Solutions, Inc., doing business as Verra Mobility Systems, for postage needed for the red light camera violations through the agreement term in the amount of $175,000.00 bringing the total amount to $943,600.00 and authorize the appropriate officials to execute same. SUMMARY: On January 18, 2024, City Council approved a five-year renewal agreement with American Traffic Solutions Inc., doing business as Verra Mobility Systems, for the City’s red-light camera enforcement program. The renewal included the replacement of existing camera equipment and the transfer of responsibility for issuing Notices of Violation to Verra Mobility, with mailings to be sent at prevailing postal rates. Previously, the Clearwater Police Department (CPD) managed these mailings in-house and maintained a corresponding line item in its annual budget since the program’s inception. Although citation mailing was included in the scope of services under the renewed agreement, postage amounts for mailing these violations were not included in the renewal agreement as a not to exceed amount to the vendor but incorporated into CPD’s annual operating budget for the program. It is important to clarify that this does not represent a new or additional cost to the City, as the mailings have always been an operating cost of the program. The only change is that Verra Mobility is now managing this function on the City's behalf. Accordingly, we must roll the mailing costs into the Vera Mobility Systems line item and establish a revised not-to-exceed amount for the remainder of the agreement. CPD budgeted $29,000.00 for mailing services in FY 2025. However, with the deployment of upgraded camera systems, recent software enhancements, and increased traffic volumes, the number of violations and mailings has increased. As a result, based on current postal rates and number of violations, CPD projects the annual mailing costs will exceed the current budget by approximately $6,000.00, bringing the revised annual estimate to $35,000.00. Over the five-year term of the agreement, the total estimated cost for mailing services is $175,000.00. Summary of Financials: ·$768,600.00 - Council-authorized amount (approved January 18, 2024) for the red-light camera program through January 2029 ·$175,000.00 - Total estimated cost for mailing services from inception through January 2029 o $29,000.00 - CPD annual mailing budget for FY25 o $6,000.00 - Proposed annual increase to cover anticipated overages ·$943,600.00 - Total requested purchasing authority through January 2029 for both the red-light camera program and mailing services. Staff respectfully requests the City Council’s approval to increase the purchase order with Verra Mobility Systems by $175,000.00 for the remaining term of the agreement, for a new not-to-exceed amount of $943,600.00 through January 2029. Although revenues generated by the Red-Light Camera Program significantly exceed operating costs, we would still need to return to Council in the event violations increase further and mailing costs exceed the updated estimates and not to exceed amount with this vendor. APPROPRIATION CODE AND AMOUNT: Page 1 City of Clearwater Printed on 9/2/2025 File Number: ID#25-0726 Funding for the current year’s portion of this contract is included in the Police Department’s operating budget in cost code 0101139-530300, Contractual Services. Future fiscal year funding will be requested as part of the annual operating budget process. The operations of the Police Department are funded by General Fund revenues. 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 2 City of Clearwater Printed on 9/2/2025 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#25-0752 Agenda Date: 9/4/2025 Status: Public HearingVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 6.5 SUBJECT/RECOMMENDATION: Authorize citywide purchase orders to Belfor USA Group, Inc., Lemoine Services Holdings, LP, Royal Plus, Inc., and SLSCO LTD to perform as needed emergency response mitigation and restoration services to various facilities throughout the city for the initial term of September 4, 2025 through September 3, 2026, with four, one-year renewal options pursuant to Request for Proposal (RFP) No. 26-25; authorize restoration services on multiple projects for the initial term in a not-to-exceed amount of $3,500,000.00; and authorize the appropriate officials to execute same. SUMMARY: RFP No. 26-25 Citywide Emergency Response Mitigation and Restoration Services was issued on April 11, 2025, with a total of seven proposals received by the deadline of May 12, 2025.  A review committee comprised of representatives from Finance, General Services, Parks and Recreation and Public Works carefully reviewed each of the submittals. Each submittal was scored according to the RFP evaluation and overall responsiveness to the RFP requirements. During the public meeting, the selection committee recommended awarding contracts to the following four top-ranked firms: ·Belfor USA Group, Inc.  ·Lemoine Services Holdings, LP ·Royal Plus, Inc. ·SLSCO LTD Emergency mitigation and restoration services are essential for minimizing damage caused by events such as flooding, windstorms, lightning, and failures due to electrical, plumbing, and mechanical systems, among other unforeseen incidents that may impact city-owned facilities. This contract will provide citywide support, including but not limited to parks and recreational facilities and City structures, by ensuring access to reliable professional service providers capable of responding quickly and effectively in emergency situations. Services will be initiated only when requested and upon issuance of a formal Notice to Proceed by the City. Selected contractors will be required to provide all necessary expertise, personnel, equipment, tools, materials, transportation, supervision, and other resources required to perform emergency mitigation, repairs, water extraction, and the removal and disposal of contaminated materials. Contractors will be expected to respond promptly, assess and document damage, mitigate and prevent further loss, and carry out restoration activities. Authorization is requested to utilize the selected vendors to provide emergency restoration and mitigation services on an as-needed basis during the initial contract term from September 4, 2025, through September 3, 2026, with four optional one-year renewal terms. Page 1 City of Clearwater Printed on 9/2/2025 File Number: ID#25-0752 One of the projects that will utilize these services is the Clearwater Beach Recreation Center (CBRC) and Beach Library. The CBRC and Beach Library have remained inoperable since sustaining storm surge flooding during Hurricane Helene on September 26, 2024. Initial water damage mitigation was completed shortly after the storm, and an architect was subsequently retained to develop construction documents for permanent restoration. Once the plans are approved, the Parks & Recreation Department requests authorization to engage one of the awarded vendors under this agreement to carry out the restoration work. In addition, the Marshall Street Skylight along with other storm-related projects that have been identified for potential FEMA reimbursement are included in the total amount requested above. Since these are for as needed services, after the initial year ending September 3, 2026, future restoration and mitigation services exceeding $100,000.00 resulting from a disaster will be brought forward to Council.   APPROPRIATION CODE AND AMOUNT: Funding and Expenditure Tracking for Contractual Services Expenses related to these services will be coded to D2402, Hurricane Helene or D2501, Hurricane Milton. Reimbursement from FEMA will be pursued, expenses not reimbursed will be funded by reserves from either the Special Program Fund, Central Insurance Fund, or General Fund. For future emergency use, related expenditures will be tracked separately using designated emergency codes assigned to each user fund. This tracking mechanism is intended to facilitate reimbursement where applicable. USE OF RESERVE FUNDS: N/A STRATEGIC PRIORITY: Approval of the purchase order supports several Strategic Plan Objectives, including:   ·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. ·1.5: Embrace a culture of innovation that drives continuous improvement and successfully serves all our customers. Page 2 City of Clearwater Printed on 9/2/2025 v. 7.2024 Procurement Division PO Box 4748 33758-4748 Clearwater FL 727-562-4630 REQUEST FOR PROPOSAL 26-25 EMERGENCY RESPONSE MITIGATION AND RESTORATION SERVICES NOTICE Friday, April 11, 2025 NOTICE IS HEREBY GIVEN that sealed proposals will be received by the City of Clearwater (City) until 10:00 am, Local Time, on Monday, May 12, 2025 to provide: The City of Clearwater seeks to obtain proposals from qualified firms to perform emergency response mitigation and restoration services. Proposals must be in accordance with the provisions, specifications and instructions set forth herein and will be received by the Procurement Division until the above noted time, when they will be publicly acknowledged and accepted. Proposal packets, any attachments and addenda are available for download at: https://procurement.opengov.com/portal/myclearwater/projects/160249. Please read the entire solicitation package and submit the bid in accordance with the instructions. This document (less this invitation and the instructions) and any required response documents, attachments, and submissions will constitute the bid. General, Process, or Technical Questions concerning this solicitation shall be submitted through the City's e-Procurement Portal located at: https://procurement.opengov.com/portal/myclearwater/projects/160249. All answers to inquiries will be posted on the City’s e-Procurement Portal. Bidders may also click “Follow” on this bid to receive an email notification when answers are posted. It is the responsibility of the bidder to check the website for answers to inquiries. This Request for Proposals is issued by: Lori Vogel, CPPB Procurement ManagerLori.vogel@myclearwater.com v. 7.2024 2 INSTRUCTIONS 2.1 Vendor Questions All questions regarding the contents of this solicitation, and solicitation process (including requests for ADA accommodations), shall be submitted through the City's e-Procurement Portal, located at https://procurement.opengov.com/portal/myclearwater. Please note the deadline for submitting inquiries. All answers to inquiries will be posted on the City’s e-Procurement Portal. Bidders may also click “Follow” on this bid to receive an email notification when answers are posted. It is the responsibility of the bidder to check the website for answers to inquiries. 2.2 Addenda/Clarifications Any changes to the specifications will be in the form of an addendum. Vendors are required to register for an account via the City’s e-Procurement Portal hosted by OpenGov. Once the bidder has completed registration, they will receive addenda notifications to their email by clicking “Follow” on this project. Ultimately, it is the sole responsibility of each bidder to periodically check the site for any addenda at https://procurement.opengov.com/portal/myclearwater. The City cannot be held responsible if a vendor fails to receive any addenda issued. The City shall not be responsible for any oral changes to these specifications made by any employees or officer of the City. Failure to acknowledge receipt of an addendum may result in disqualification of a proposal. 2.3 Due Date & Time for Submission and Opening Date: Monday, May 12, 2025 Time: 10:00 am The City will open all proposals properly and timely submitted and will record the names and other information specified by law and rule. All proposals become the property of the City and will not be returned except in the case of a late submission. Respondent names, as read at the bid opening, will be posted on the City website. Once a notice of intent to award is posted or 30 days from day of opening elapses, whichever occurs earlier, proposals are available for inspection by contacting the Procurement Division. 2.4 Proposal Firm Time Proposal shall remain firm and unaltered after opening for 120 days. The City may accept the proposal, subject to successful contract negotiations, at any time during this time. 2.5 Proposal Submittals It is recommended that proposals are submitted electronically through the City's e-Procurement Portal located at https://procurement.opengov.com/portal/myclearwater. By way of the e-Procurement Portal, responses will be locked and digitally encrypted until the submission deadline passes. E-mail or fax submissions will not be accepted. No responsibility will attach to the City of Clearwater, its employees or agents for premature opening of a proposal that is not properly addressed and identified. 2.6 Late Proposals The proposer assumes responsibility for having the proposal delivered on time at the place specified. All proposals received after the date and time specified shall not be considered and will be returned unopened to the proposer. The proposer assumes the risk of any delay in the mail or in handling of the mail by employees of the City of Clearwater, or any private courier, regardless whether sent by mail or by means of personal delivery. It shall not be sufficient to show that you mailed or commenced delivery before the v. 7.2024 3 due date and time. All times are Clearwater, Florida local times. The proposer agrees to accept the time stamp in the City’s Procurement Office as the official time. 2.7 Lobbying; Lobbying No-Contact Period; Questions Regarding Solicitation From the time a competitive solicitation is posted until such time as the contract is awarded by the city or the solicitation is cancelled, all bidders, offerors, respondents, including their employees, representatives, and other individuals acting on their behalf, shall be prohibited from lobbying city officers, city employees, and evaluation committee members. Violation of this section may result in rejection/disqualification from award of the contract arising out of the competitive solicitation. All questions regarding the competitive solicitation must be submitted through the City's e-Procurement Portal, who will respond in writing and post such response to ensure that all respondents receive the same information during the No-Contact Period. The penalty for violating the No-Contact Period may include suspension or debarment. 2.8 Commencement of Work If proposer begins any billable work prior to the City’s final approval and execution of the contract, proposer does so at its own risk. 2.9 Responsibility to Read and Understand Failure to read, examine and understand the solicitation will not excuse any failure to comply with the requirements of the solicitation or any resulting contract, nor shall such failure be a basis for claiming additional compensation. If a vendor suspects an error, omission or discrepancy in this solicitation, the vendor must immediately and in any case not later than seven (7) business days in advance of the due date notify the contact listed on this solicitation The City is not responsible for and will not pay any costs associated with the preparation and submission of the proposal. Proposers are cautioned to verify their proposals before submission, as amendments to or withdrawal of proposals submitted after time specified for opening of proposals may not be considered. The City will not be responsible for any proposer errors or omissions. 2.10 Form and Content of Proposals Proposals, including modifications, must be certified by an authorized representative and submitted electronically. In the event of a disparity between the unit price and the extended price, the unit price shall prevail unless obviously in error, as determined by the City. The City requires that an electronic copy of the proposal be submitted through the City's e-Procurement portal located at https://procurement.opengov.com/portal/myclearwater. The proposal must provide all information requested and must address all points. The City does not encourage exceptions. The City is not required to grant exceptions and depending on the exception, the City may reject the proposal. 2.11 Specifications Technical specifications define the minimum acceptable standard. When the specification calls for “Brand Name or Equal,” the brand name product is acceptable. Other products will be considered upon showing the other product meets stated specifications and is equivalent to the brand product in terms of quality, performance and desired characteristics. Minor differences that do not affect the suitability of the supply or service for the City’s needs may be accepted. Burden of proof that the product meets the minimum standards or is equal to the brand name product is on the proposer. The City reserves the right to reject proposals that the City deems unacceptable. v. 7.2024 4 2.12 Modification/Withdrawal of Proposal For proposals submitted electronically, vendors may use the "Unsubmit Response" button located on the Response Details page of their submission. Responses may be resubmitted once they have been edited or modified as needed. For mailed in or hand delivered proposals, written requests to modify or withdraw the proposal received by the City prior to the scheduled opening time will be accepted and will be corrected after opening. Written requests must be addressed and labeled in the same manner as the proposal and marked as a MODIFICATION or WITHDRAWAL of the proposal. No oral requests will be allowed. Requests for withdrawal after the bid opening will only be granted upon proof of undue hardship and may result in the forfeiture of any proposal security. Any withdrawal after the bid opening shall be allowed solely at the City’s discretion. 2.13 Debarment Disclosure If the vendor submitting a proposal has been debarred, suspended, or otherwise lawfully precluded from participating in any public procurement activity, including being disapproved as a subcontractor with any federal, state, or local government, or if any such preclusion from participation from any public procurement activity is currently pending, the proposer shall include a letter with its proposal identifying the name and address of the governmental unit, the effective date of this suspension or debarment, the duration of the suspension or debarment, and the relevant circumstances relating to the suspension or debarment. If suspension or debarment is currently pending, a detailed description of all relevant circumstances including the details enumerated above must be provided. A proposal from a proposer who is currently debarred, suspended or otherwise lawfully prohibited from any public procurement activity may be rejected. 2.14 Reservations The City reserves the right to reject any or all proposals or any part thereof; to rebid the solicitation; to reject non-responsive or non-responsible proposals; to reject unbalanced proposals; to reject proposals where the terms, prices, and/or awards are conditioned upon another event; to reject individual proposals for failure to meet any requirement; to award by item, part or portion of an item, group of items, or total; to make multiple awards; to waive minor irregularities, defects, omissions, technicalities or form errors in any proposal. The City may seek clarification of the proposal from proposer at any time, and failure to respond is cause for rejection. Submission of a proposal confers on proposer no right to an award or to a subsequent contract. The City is responsible to make an award that is in the best interest of the City. All decisions on compliance, evaluation, terms and conditions shall be made solely at the City’s discretion and made to favor the City. No binding contract will exist between the proposer and the City until the City executes a written contract or purchase order. 2.15 Official Solicitation Document Changes to the solicitation document made by a proposer may not be acknowledged or accepted by the City. Award or execution of a contract does not constitute acceptance of a changed term, condition or specification unless specifically acknowledged and agreed to by the City. The copy maintained and published by the City shall be the official solicitation document. 2.16 Copying of Proposals Proposer hereby grants the City permission to copy all parts of its proposal, including without limitation any documents and/or materials copyrighted by the proposer. The City’s right to copy shall be for internal use in evaluating the proposal. 2.17 Contractor Ethics v. 7.2024 5 It is the intention of the City to promote courtesy, fairness, impartiality, integrity, service, professionalism, economy, and government by law in the Procurement process. The responsibility for implementing this policy rests with each individual who participates in the Procurement process, including Respondents and Contractors. To achieve this purpose, it is essential that Respondents and Contractors doing business with the City also observe the ethical standards prescribed herein. It shall be a breach of ethical standards to: A. Exert any effort to influence any City employee or agent to breach the standards of ethical conduct. B. Intentionally invoice any amount greater than provided in Contract or to invoice for Materials or Services not provided. C. Intentionally offer or provide sub-standard Materials or Services or to intentionally not comply with any term, condition, specification or other requirement of a City Contract. 2.18 Gifts The City will accept no gifts, gratuities or advertising products from proposers or prospective proposers and affiliates. The City may request product samples from vendors for product evaluation. 2.19 Right to Protest Pursuant to Section 2.562(3), Clearwater Code of Ordinances, a bidder who submitted a response to a competitive solicitation and was not selected may appeal the decision through the bid protest procedures, a copy of which shall be available in the Procurement Division. A protesting bidder must include a fee of one percent of the amount of the bid or proposed contract to offset the City’s additional expenses related to the protest. This fee shall not exceed $5,000.00 nor be less than $50.00. Full refund will be provided should the protest be upheld. No partial refunds will be made. ADDRESS PROTESTS TO: City of Clearwater - Procurement Division 1255 Cleveland St, 3rd FL Clearwater FL 33755 or PO Box 4748 Clearwater FL 33758-4748 2.20 Evaluation Process Proposals will be reviewed by a screening committee comprised of City employees. The City staff may or may not initiate discussions with proposers for clarification purposes. Clarification is not an opportunity to change the proposal. Proposers shall not initiate discussions with any City employee or official. Respondent is hereby notified that Section 287.05701, Florida Statutes, requires that the City may not request documentation of or consider a vendor's social, political, or ideological interests when determining if the vendor is a responsible vendor. 2.21 Criteria for Evaluation and Award The City evaluates three (3) categories of information: responsiveness, responsibility, the technical proposal/price. All proposals must meet the following responsiveness and responsibility criteria. A. Responsiveness. The City will determine whether the proposal complies with the instructions for submitting proposals including completeness of proposal which encompasses the inclusion of all v. 7.2024 6 required attachments and submissions. The City must reject any proposals that are submitted late. Failure to meet other requirements may result in rejection. B. Responsibility. The City will determine whether the proposer is one with whom it can or should do business. Factors that the City may evaluate to determine "responsibility" include, but are not limited to: excessively high or low priced proposals, past performance, references (including those found outside the proposal), compliance with applicable laws, proposer's record of performance and integrity- e.g. has the proposer been delinquent or unfaithful to any contract with the City, whether the proposer is qualified legally to contract with the City, financial stability and the perceived ability to perform completely as specified. A proposer must at all times have financial resources sufficient, in the opinion of the City, to ensure performance of the contract and must provide proof upon request. City staff may also use Dun & Bradstreet and/or any generally available industry information. The City reserves the right to inspect and review proposer’s facilities, equipment and personnel and those of any identified subcontractors. The City will determine whether any failure to supply information, or the quality of the information, will result in rejection. C. Technical Proposal. The City will determine how well proposals meet its requirements in terms of the response to the specifications and how well the offer addresses the needs of the project. The City will rank offers using a point ranking system (unless otherwise specified) as an aid in conducting the evaluation. If less than three (3) responsive proposals are received, at the City’s sole discretion, the proposals may be evaluated using simple comparative analysis instead of any announced method of evaluation, subject to meeting administrative and responsibility requirements. For this RFP, see Section CRITERIA FOR EVALUATION AND AWARD for the criteria that will be evaluated and their relative weights. 2.22 Short-Listing The City at its sole discretion may create a short-list of the highest ranked proposals based on evaluation against the evaluation criteria. Short-listed proposers may be invited to give presentations and/or interviews. Upon conclusion of any presentations/interviews, the City will finalize the ranking of shortlisted firms. 2.23 Presentations/Interviews Presentations and/or interviews may be requested at the City’s discretion. The location for these presentations and/or interviews will be determined by the City and may be held virtually. 2.24 Best and Final Offers The City may request best & final offers if deemed necessary, and will determine the scope and subject of any best & final request. However, the proposer should not expect that the City will ask for best & finals and should submit their best offer based on the terms and conditions set forth in this solicitation. 2.25 Cost Justification In the event only one response is received, the City may require that the proposer submit a cost proposal in sufficient detail for the City to perform a cost/price analysis to determine if the proposal price is fair and reasonable. 2.26 Contract Negotiations and Acceptance v. 7.2024 7 Proposer must be prepared for the City to accept the proposal as submitted. If proposer fails to sign all documents necessary to successfully execute the final contract within a reasonable time as specified, or negotiations do not result in an acceptable agreement, the City may reject proposal or revoke the award, and may begin negotiations with another proposer. Final contract terms must be approved or signed by the appropriately authorized City official(s). No binding contract will exist between the proposer and the City until the City executes a written contract or purchase order. 2.27 Notice of Intent to Award Notices of the City’s intent to award a Contract are posted to Purchasing’s website. It is the proposer’s responsibility to check the City of Clearwater’s website at https://procurement.opengov.com/portal/myclearwater/projects/160249 to view the Procurement Division's Intent to Award postings. 2.28 RFP Timeline Dates are tentative and subject to change. Release Project Date: April 11, 2025 Advertise Tampa Bay Times: April 16, 2025 Question Submission Deadline: May 2, 2025, 10:00am Due Date & Time for Submissions and Opening: May 12, 2025, 10:00am Review proposals: 5/12/2025-5/28/2025 Presentations (if requested): Week of June 9, 2025 Award recommendation: Week of June 9, 2025 Council Authorization: July 2025 Contract Begins: July 2025 CRITERIA FOR EVALUATION AND AWARD The City evaluates three (3) categories of information: responsiveness, responsibility, the technical proposal/price. All proposals must meet the following responsiveness and responsibility criteria. A. Responsiveness. The City will determine whether the proposal complies with the instructions for submitting proposals including completeness of proposal which encompasses the inclusion of all required attachments and submissions. The City must reject any proposals that are submitted late. Failure to meet other requirements may result in rejection. B. Responsibility. The City will determine whether the proposer is one with whom it can or should do business. Factors that the City may evaluate to determine "responsibility" include, but are not limited to: excessively high or low priced proposals, past performance, references (including those found outside the proposal), compliance with applicable laws, proposer's record of performance and integrity- e.g. has the proposer been delinquent or unfaithful to any contract with the City, whether the proposer is qualified legally to contract with the City, financial stability and the perceived ability to perform completely as specified. A proposer must at all times have v. 7.2024 8 financial resources sufficient, in the opinion of the City, to ensure performance of the contract and must provide proof upon request. City staff may also use Dun & Bradstreet and/or any generally available industry information. The City reserves the right to inspect and review proposer’s facilities, equipment and personnel and those of any identified subcontractors. The City will determine whether any failure to supply information, or the quality of the information, will result in rejection. C. Technical Proposal. The City will determine how well proposals meet its requirements in terms of the response to the specifications and how well the offer addresses the needs of the project. The City will rank offers using a point ranking system (unless otherwise specified) as an aid in conducting the evaluation. If less than three (3) responsive proposals are received, at the City’s sole discretion, the proposals may be evaluated using simple comparative analysis instead of any announced method of evaluation, subject to meeting administrative and responsibility requirements. For this RFP, the criteria that will be evaluated and their relative weights are: No. Evaluation Criteria Scoring Method Weight (Points) 1. Qualifications and Experience of Key Personnel Points Based 25 (25% of Total) 2. Proven Experience, Relevant Expertise and References Points Based 30 (30% of Total) 3. Outsourcing and Subcontractors Points Based 15 (15% of Total) 4. Additional Information and Availability Points Based 15 (15% of Total) 5. Cost of Services Points Based 15 (15% of Total) STANDARD TERMS AND CONDITIONS 4.1 Definitions Uses of the following terms are interchangeable as referenced: “vendor, contractor, consultant, supplier, proposer, company, persons”, “purchase order, PO, contract, agreement”, “City, Clearwater”, “bid, proposal, response, quote”. 4.2 Independent Contractor It is expressly understood that the relationship of Contractor to the City will be that of an independent contractor. Contractor and all persons employed by Contractor, either directly or indirectly, are Contractor’s employees, not City employees. Accordingly, Contractor and Contractor’s employees are not entitled to any benefits provided to City employees including, but not limited to, health benefits, enrollment in a retirement system, paid time off or other rights afforded City employees. Contractor employees will not be regarded as City employees or agents for any purpose, including the payment of unemployment or workers’ compensation. If any Contractor employees or subcontractors assert a claim for wages or other employment benefits against the City, Contractor will defend, indemnify and hold harmless the City from all such claims. v. 7.2024 9 4.3 Subcontracting Contractor may not subcontract work under this Agreement without the express written permission of the City. If Contractor has received authorization to subcontract work, it is agreed that all subcontractors performing work under the Agreement must comply with its provisions. Further, all agreements between Contractor and its subcontractors must provide that the terms and conditions of this Agreement be incorporated therein. 4.4 Assignment This Agreement may not be assigned either in whole or in part without first receiving the City’s written consent. Any attempted assignment, either in whole or in part, without such consent will be null and void and in such event the City will have the right at its option to terminate the Agreement. No granting of consent to any assignment will relieve Contractor from any of its obligations and liabilities under the Agreement. 4.5 Successor 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. 4.6 No Third Party Beneficiaries This Agreement is intended for the exclusive benefit of the parties. Nothing set forth in this Agreement is intended to create, or will create, any benefits, rights, or responsibilities in any third parties. 4.7 Non-Exclusivity The City, in its sole discretion, reserves the right to request the materials or services set forth herein from other sources when deemed necessary and appropriate. No exclusive rights are encompassed through this Agreement. 4.8 Amendments There will be no oral changes to this Agreement. This Agreement can only be modified in a writing signed by both parties. No charge for extra work or material will be allowed unless approved in writing, in advance, by the City and Contractor. 4.9 Time of the Essence Time is of the essence to the performance of the parties’ obligations under this Agreement. 4.10 Compliance with Applicable Laws A. General. Contractor must procure all permits and licenses, and pay all charges and fees necessary and incidental to the lawful conduct of business. Contractor must stay fully informed of existing and future federal, state, and local laws, ordinances, executive orders, and regulations that in any manner affect the fulfillment of this Agreement and must comply with the same at its own expense. Contractor bears full responsibility for training, safety, and providing necessary equipment for all Contractor personnel to achieve throughout the term of the Agreement. Upon request, Contractor will demonstrate to the City's satisfaction any programs, procedures, and other activities used to ensure compliance. B. Drug-Free Workplace. Contractor is hereby advised that the City has adopted a policy establishing a drug-free workplace for itself and those doing business with the City to ensure the safety and health of all persons working on City contracts and projects. Contractor will require a drug-free workplace for all Contractor personnel working under this Agreement. Specifically, all v. 7.2024 10 Contractor personnel who are working under this Agreement must be notified in writing by Contractor that they are prohibited from the manufacture, distribution, dispensation, possession, or unlawful use of a controlled substance in the workplace. Contractor agrees to prohibit the use of intoxicating substances by all Contractor personnel and will ensure that Contractor personnel do not use or possess illegal drugs while in the course of performing their duties. C. Federal and State Immigration Laws. Contractor agrees to comply with the Immigration Reform and Control Act of 1986 (IRCA) in performance under this Agreement and to permit the City and its agents to inspect applicable personnel records to verify such compliance as permitted by law. Contractor will ensure and keep appropriate records to demonstrate that all Contractor personnel have a legal right to live and work in the United States. 1. As applicable to Contractor, under this provision, Contractor hereby warrants to the City that Contractor and each of its subcontractors will comply with, and are contractually obligated to comply with, all federal immigration laws and regulations that relate to their employees (hereinafter “Contractor Immigration Warranty”). 2. A breach of the Contractor Immigration Warranty will constitute as a material breach of this Agreement and will subject Contractor to penalties up to and including termination of this Agreement at the sole discretion of the City. 3. The City retains the legal right to inspect the papers of all Contractor personnel who provide services under this Agreement to ensure that Contractor or its subcontractors are complying with the Contractor Immigration Warranty. Contractor agrees to assist the City in regard to any such inspections. 4. The City may, at its sole discretion, conduct random verification of the employment records of Contractor and any subcontractor to ensure compliance with the Contractor Immigration Warranty. Contractor agrees to assist the City in regard to any random verification performed. 5. Neither Contractor nor any subcontractor will be deemed to have materially breached the Contractor Immigration Warranty if Contractor or subcontractor establishes that it has complied with the employment verification provisions prescribed by Sections 274A and 274B of the Federal Immigration and Nationality Act. D. Nondiscrimination. Contractor represents and warrants that it does not discriminate against any employee or applicant for employment or person to whom it provides services because of race, color, religion, sex, national origin, or disability, and represents and warrants that it complies with all applicable federal, state, and local laws and executive orders regarding employment. Contractor and Contractor’s personnel will comply with applicable provisions of Title VII of the U.S. Civil Rights Act of 1964, as amended, Section 504 of the Federal Rehabilitation Act, the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.), and applicable rules in performance under this Agreement. 4.11 Sales/Use Tax, Other Taxes Contractor is responsible for the payment of all taxes including federal, state, and local taxes related to or arising out of Contractor’s services under this Agreement, including by way of illustration but not limitation, federal and state income tax, Social Security tax, unemployment insurance taxes, and any other taxes or business license fees as required. If any taxing authority should deem Contractor or Contractor employees an employee of the City or should otherwise claim the City is liable for the payment of taxes that are v. 7.2024 11 Contractor’s responsibility under this Agreement, Contractor will indemnify the City for any tax liability, interest, and penalties imposed upon the City. The City is exempt from paying state and local sales/use taxes and certain federal excise taxes and will furnish an exemption certificate upon request. 4.12 Amounts Due the City Contractor must be current and remain current in all obligations due to the City during the performance of services under the Agreement. Payments to Contractor may be offset by any delinquent amounts due the City or fees and charges owed to the City. 4.13 Public Records In addition to all other contract requirements as provided by law, the Contractor executing this Agreement agrees to comply with public records law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, Rosemarie Call, Phone: 727-444-7151 or Email: Rosemarie.Call@myclearwater.com, 600 Cleveland Street, Suite 600, Clearwater, FL 33755. The Contractor agrees to comply with the following: A. Keep and maintain public records required by the City of Clearwater (hereinafter “public agency” in this section) to perform the service being provided by the contractor hereunder. B. Upon request from the public agency’s custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided for in Chapter 119, Florida Statutes, as may be amended from time to time, or as otherwise provided by law. C. Ensure that the public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency. D. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency. E. A request to inspect or copy public records relating to a public agency’s contract for services must be made directly to the public agency. If the public agency does not possess the requested records, the public agency shall immediately notify the contractor of the request and the contractor must provide the records to the public agency or allow the records to be inspected or copied within a reasonable time. v. 7.2024 12 F. The contractor hereby acknowledges and agrees that if the contractor does not comply with the public agency’s request for records, the public agency shall enforce the contract provisions in accordance with the contract. G. A contractor who fails to provide the public records to the public agency within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. H. If a civil action is filed against a contractor to compel production of public records relating to a public agency’s contract for services, the court shall assess and award against the contractor the reasonable costs of enforcement, including reasonable attorney fees, if: 1. The court determines that the contractor unlawfully refused to comply with the public records request within a reasonable time; and 2. At least eight (8) business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that the contractor has not complied with the request, to the public agency and to the contractor. I. A notice complies with subparagraph (h)2. if it is sent to the public agency’s custodian of public records and to the contractor at the contractor’s address listed on its contract with the public agency or to the contractor’s registered agent. Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic format. A Contractor who complies with a public records request within eight (8) business days after the notice is sent is not liable for the reasonable costs of enforcement. 4.14 Audits and Records Contractor must preserve the records related to this Agreement for five (5) years after completion of the Agreement. The City or its authorized agent reserves the right to inspect any records related to the performance of work specified herein. In addition, the City may inspect any and all payroll, billing or other relevant records kept by Contractor in relation to the Agreement. Contractor will permit such inspections and audits during normal business hours and upon reasonable notice by the City. The audit of records may occur at Contractor’s place of business or at City offices, as determined by the City. 4.15 Background Check The City may conduct criminal, driver history, and all other requested background checks of Contractor personnel who would perform services under the Agreement or who will have access to the City’s information, data, or facilities in accordance with the City’s current background check policies. Any officer, employee, or agent that fails the background check must be replaced immediately for any reasonable cause not prohibited by law. 4.16 Security Clearance and Removal of Contractor Personnel The City will have final authority, based on security reasons: (i) to determine when security clearance of Contractor personnel is required; (ii) to determine the nature of the security clearance, up to and including fingerprinting Contractor personnel; and (iii) to determine whether or not any individual or entity may provide services under this Agreement. If the City objects to any Contractor personnel for any reasonable cause not prohibited by law, then Contractor will, upon notice from the City, remove any such individual from performance of services under this Agreement. 4.17 Default v. 7.2024 13 A. A party will be in default if that party: (i) is or becomes insolvent or is a party to any voluntary bankruptcy or receivership proceeding, makes an assignment for a creditor, or there is any similar action that affects Contractor’s capability to perform under the Agreement; (ii) is the subject of a petition for involuntary bankruptcy not removed within sixty (60) calendar days; (iii) conducts business in an unethical manner or in an illegal manner; or (iv) fails to carry out any term, promise, or condition of the Agreement. B. Contractor will be in default of this Agreement if Contractor is debarred or suspended in accordance with the Clearwater Code of Ordinances Section 2.565 or if Contractor is debarred or suspended by another governmental entity. C. Notice and Opportunity to Cure. In the event a party is in default then the other party may, at its option and at any time, provide written notice to the defaulting party of the default. The defaulting party will have thirty (30) days from receipt of the notice to cure the default; the thirty (30) day cure period may be extended by mutual agreement of the parties, but no cure period may exceed ninety (90) days. A default notice will be deemed to be sufficient if it is reasonably calculated to provide notice of the nature and extent of such default. Failure of the non-defaulting party to provide notice of the default does not waive any rights under the Agreement. D. Anticipatory Repudiation. Whenever the City in good faith has reason to question Contractor’s intent or ability to perform, the City may demand that Contractor give a written assurance of its intent and ability to perform. In the event that the demand is made and no written assurance is given within five (5) calendar days, the City may treat this failure as an anticipatory repudiation of the Agreement. 4.18 Remedies The remedies set forth in this Agreement are not exclusive. Election of one remedy will not preclude the use of other remedies. In the event of default: A. The non-defaulting party may terminate the Agreement, and the termination will be effective immediately or at such other date as specified by the terminating party. B. The City may purchase the services required under the Agreement from the open market, complete required work itself, or have it completed at the expense of Contractor. If the cost of obtaining substitute services exceeds the contract price, the City may recover the excess cost by: (i) requiring immediate reimbursement to the City; (ii) deduction from an unpaid balance due to Contractor; (iii) collection against the proposal and/or performance security, if any; (iv) collection against liquidated damages (if applicable); or (v) a combination of the aforementioned remedies or other remedies as provided by law. Costs includes any and all, fees, and expenses incurred in obtaining substitute services and expended in obtaining reimbursement, including, but not limited to, administrative expenses, attorneys’ fees, and costs. C. The non-defaulting party will have all other rights granted under this Agreement and all rights at law or in equity that may be available to it. D. Neither party will be liable for incidental, special, or consequential damages. 4.19 Continuation During Disputes Contractor agrees that during any dispute between the parties, Contractor will continue to perform its obligations until the dispute is settled, instructed to cease performance by the City, enjoined or prohibited v. 7.2024 14 by judicial action, or otherwise required or obligated to cease performance by other provisions in this Agreement. 4.20 Termination for Convenience The City reserves the right to terminate this Agreement at its convenience, in part or in whole, upon thirty (30) calendar days’ written notice. 4.21 Termination for Conflict of Interest The City may cancel this Agreement after its execution, without penalty or further obligation, if any person significantly involved in initiating, securing, drafting, or creating the Agreement for the City becomes an employee or agent of Contractor. 4.22 Termination for Non-Appropriation and Modification for Budgetary Contraints The City is a governmental agency which relies upon the appropriation of funds by its governing body to satisfy its obligations. If the City reasonably determines, in its sole discretion, that it does not have funds to meet its obligations under this Agreement, the City will have the right to terminate the Agreement without penalty on the last day of the fiscal period for which funds were legally available. In the event of such termination, the City agrees to provide written notice of its intent to terminate thirty (30) calendar days prior to the stated termination date. 4.23 Payment to Contractor Upon Termination Upon termination of this Agreement, Contractor will be entitled only to payment for those services performed up to the date of termination, and any authorized expenses already incurred up to such date of termination. The City will make final payment within thirty (30) calendar days after the City has both completed its appraisal of the materials and services provided and received Contractor’s properly prepared final invoice. 4.24 Non-Waiver of Rights There will be no waiver of any provision of this Agreement unless approved in writing and signed by the waiving party. Failure or delay to exercise any rights or remedies provided herein or by law or in equity, or the acceptance of, or payment for, any services hereunder, will not release the other party of any of the warranties or other obligations of the Agreement and will not be deemed a waiver of any such rights or remedies. 4.25 Indemnification/Liability A. To the fullest extent permitted by law, Contractor agrees to defend, indemnify, and hold the City, its officers, agents, and employees, harmless from and against any and all liabilities, demands, claims, suits, losses, damages, causes of action, fines or judgments, including costs, attorneys’, witnesses’, and expert witnesses’ fees, and expenses incident thereto, relating to, arising out of, or resulting from: (i) the services provided by Contractor personnel under this Agreement; (ii) any negligent acts, errors, mistakes or omissions by Contractor or Contractor personnel; and (iii) Contractor or Contractor personnel’s failure to comply with or fulfill the obligations established by this Agreement. If applicable, this paragraph shall be construed in harmony with F. S. § 725.06. B. Contractor will update the City during the course of the litigation to timely notify the City of any issues that may involve the independent negligence of the City that is not covered by this indemnification. v. 7.2024 15 C. The City assumes no liability for actions of Contractor and will not indemnify or hold Contractor or any third party harmless for claims based on this Agreement or use of Contractor-provided supplies or services. D. Nothing contained herein in intended to serve as a waiver by the City of its sovereign immunity, to extend the liability of the City beyond the limits set forth in Section 768.28, Florida Statutes, or be construed as consent by the City to be sued by third parties. 4.26 Warranty Contractor warrants that the services and materials will conform to the requirements of the Agreement. Additionally, Contractor warrants that all services will be performed in a good, workman-like, and professional manner. The City’s acceptance of service or materials provided by Contractor will not relieve Contractor from its obligations under this warranty. If any materials or services are of a substandard or unsatisfactory manner as determined by the City, Contractor, at no additional charge to the City, will provide materials or redo such services until in accordance with this Agreement and to the City’s reasonable satisfaction. Unless otherwise agreed, Contractor warrants that materials will be new, unused, of most current manufacture and not discontinued, will be free of defects in materials and workmanship, will be provided in accordance with manufacturer's standard warranty for at least one (1) year unless otherwise specified, and will perform in accordance with manufacturer's published specifications. If applicable, this paragraph shall be construed in harmony with F. S. § 725.06. 4.27 City's Right to Recover Against Third Parties Contractor will do nothing to prejudice the City’s right to recover against third parties for any loss, destruction, or damage to City property, and will at the City’s request and expense, furnish to the City reasonable assistance and cooperation, including assistance in the prosecution or defense of suit and the execution of instruments of assignment in favor of the City in obtaining recovery. 4.28 No Guarantee of Work Contractor acknowledges and agrees that it is not entitled to deliver any specific amount of materials or services or any materials or services at all under this Agreement and acknowledges and agrees that the materials or services will be requested by the City on an as needed basis at the sole discretion of the City. Any document referencing quantities or performance frequencies represent the City's best estimate of current requirements, but will not bind the City to purchase, accept, or pay for materials or services which exceed its actual needs. 4.29 Ownership All deliverables, services, and information provided by Contractor or the City pursuant to this Agreement (whether electronically or manually generated) including without limitation, reports, test plans, and survey results, graphics, and technical tables, originally prepared in the performance of this Agreement, are the property of the City and will not be used or released by Contractor or any other person except with prior written permission by the City. 4.30 Use of Name Contractor will not use the name of the City of Clearwater in any advertising or publicity without obtaining the prior written consent of the City. 4.31 FOB Destination Freight Prepaid and Allowed All deliveries will be FOB destination freight prepaid and allowed unless otherwise agreed. 4.32 Risk of Loss v. 7.2024 16 Contractor agrees to bear all risks of loss, injury, or destruction of goods or equipment incidental to providing these services and such loss, injury, or destruction will not release Contractor from any obligation hereunder. 4.33 Safeguarding City Property Contractor will be responsible for any damage to City real property or damage or loss of City personal property when such property is the responsibility of or in the custody of Contractor or its employees. 4.34 Warranty of Rights Contractor warrants it has title to, or the right to allow the City to use, the materials and services being provided and that the City may use same without suit, trouble, or hindrance from Contractor or third parties. 4.35 Proprietary Rights Indemnification Without limiting the foregoing, Contractor will without limitation, at its expense defend the City against all claims asserted by any person that anything provided by Contractor infringes a patent, copyright, trade secret, or other intellectual property right and must, without limitation, pay the costs, damages and attorneys' fees awarded against the City in any such action, or pay any settlement of such action or claim. Each party agrees to notify the other promptly of any matters to which this provision may apply and to cooperate with each other in connection with such defense or settlement. If a preliminary or final judgment is obtained against the City’s use or operation of the items provided by Contractor hereunder or any part thereof by reason of any alleged infringement, Contractor will, at its expense and without limitation, either: (a) modify the item so that it becomes non-infringing; (b) procure for the City the right to continue to use the item; (c) substitute for the infringing item other item(s) having at least equivalent capability; or (d) refund to the City an amount equal to the price paid, less reasonable usage, from the time of installation acceptance through cessation of use, which amount will be calculated on a useful life not less than five (5) years, plus any additional costs the City may incur to acquire substitute supplies or services. Nothing contained herein in intended to serve as a waiver by the City of its sovereign immunity, to extend the liability of the City beyond the limits set forth in Section 768.28, Florida Statutes, or be construed as consent by the City to be sued by third parties. 4.36 Contract Administration This Agreement will be administered by the Purchasing Administrator and/or an authorized representative from the using department. All questions regarding this Agreement will be referred to the administrator for resolution. Supplements may be written to this Agreement for the addition or deletion of services. Payment will be negotiated and determined by the contract administrator(s). 4.37 Force Majeure Failure by either party to perform its duties and obligations will be excused by unforeseeable circumstances beyond its reasonable control, including acts of nature, acts of the public enemy, riots, fire, explosion, legislation, and governmental regulation. The party whose performance is so affected will within five (5) calendar days of the unforeseeable circumstance notify the other party of all pertinent facts and identify the force majeure event. The party whose performance is so affected must also take all reasonable steps, promptly and diligently, to prevent such causes if it is feasible to do so, or to minimize or eliminate the effect thereof. The delivery or performance date will be extended for a period equal to the time lost by reason of delay, plus such additional time as may be reasonably necessary to overcome the effect of the delay, provided however, under no circumstances will delays caused by a force majeure extend beyond one hundred-twenty (120) calendar days from the scheduled delivery or completion date of a task unless agreed upon by the parties. 4.38 Cooperative Use of Contract v. 7.2024 17 This Agreement may be extended for use by other municipalities, counties, school districts, and government agencies with the approval of Contractor. Any such usage by other entities must be in accordance with the statutes, codes, ordinances, charter and/or procurement rules and regulations of the respective government agency. Orders placed by other agencies and payment thereof will be the sole responsibility of that agency. The City is not responsible for any disputes arising out of transactions made by others. 4.39 Fuel Charges and Price Increases No fuel surcharges will be accepted. No price increases will be accepted without proper request by Contractor and response by the City’s Procurement Division. 4.40 Notices All notices to be given pursuant to this Agreement must be delivered to the parties at their respective addresses. Notices may be (i) personally delivered; (ii) sent via certified or registered mail, postage prepaid; (iii) sent via electronic mail; (iv) sent via overnight courier; or (v) sent via facsimile. If provided by personal delivery, receipt will be deemed effective upon delivery. If sent via certified or registered mail, receipt will be deemed effective three (3) calendar days after being deposited in the United States mail. If sent via electronic mail, overnight courier, or facsimile, receipt will be deemed effective two (2) calendar days after the sending thereof. 4.41 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. 4.42 Integration Clause This Agreement, including all attachments and exhibits hereto, supersede all prior oral or written agreements, if any, between the parties and constitutes the entire agreement between the parties with respect to the work to be performed. 4.43 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. 4.44 Severability If any provision of this Agreement is declared void or unenforceable, such provision will be severed from this Agreement, which will otherwise remain in full force and effect. The parties will negotiate diligently in good faith for such amendment(s) of this Agreement as may be necessary to achieve the original intent of this Agreement, notwithstanding such invalidity or unenforceability. 4.45 Surviving Provisions Notwithstanding any completion, termination, or other expiration of this Agreement, all provisions which, by the terms of reasonable interpretation thereof, set forth rights and obligations that extend beyond completion, termination, or other expiration of this Agreement, will survive and remain in full force and effect. Except as specifically provided in this Agreement, completion, termination, or other expiration of this Agreement will not release any party from any liability or obligation arising prior to the date of termination. DETAILED SPECIFICATIONS The City of Clearwater, Florida, is seeking proposals from qualified firms for debris monitoring services post emergency disaster. 5.1 Introduction v. 7.2024 18 The City of Clearwater (City) is a coastal community on Florida's West Coast and the third-largest city in the Tampa Bay area with a population of approximately 118,463 residents. Clearwater Beach, a renowned international destination in Pinellas County, attracts millions of tourists annually and most recently received the prestigious TripAdvisor Traveler’s Choice Award for 2024. It consistently ranks among the top vacation spots in both national and international publications, offering year-round attractions such as pristine "sugar sand" beaches, diverse dining options, and venues like the Philadelphia Phillies Spring Training and Clearwater Threshers Minor League Baseball. The acclaimed Clearwater Marine Aquarium, nationally recognized for its innovative work in marine rescue, rehabilitation, and release, remains a major draw for visitors. The City of Clearwater is committed to advancing sustainability through eco-friendly initiatives that enhance our economy, safeguard our environment, and fortify our community. 5.2 Intent of RFP This RFP is intended to ensure that the City has reliable access to professional and capable service providers for response and recovery in emergency situations. Services will be rendered only upon request and as authorized by a formal Notice to Proceed issued by the City. In the event that multiple contracts are awarded, the City reserves the right to assign work among the Contractors at its discretion. Additionally, the City retains the right to approve all subcontractors and may require the dismissal of any subcontractor upon request. The Contractor shall perform all contracted services in a professional, workmanlike manner and in full compliance with all applicable laws, ordinances, regulations, rules, and required permits. Only the highest standards of workmanship will be accepted. Any services, equipment, or workmanship that fail to meet the standards outlined in the Agreement or are deemed unsatisfactory by the City may be rejected. When necessary, replacements or corrective work shall be completed promptly, within a mutually agreed timeframe, and at no additional cost to the City. 5.3 Scope of Work The City of Clearwater is soliciting proposals from qualified firms to provide emergency mitigation and restoration services. Any agreement resulting from this solicitation does not guarantee the assignment of work. The selected Contractor shall furnish all necessary expertise, personnel, labor, equipment, tools, materials, transportation, travel, supervision, and any additional resources required to perform timely maintenance, repair, mitigation, water extraction, and the removal and disposal of contaminated materials. These services shall be delivered in a cost-effective and efficient manner, in accordance with federal regulations, and may include work at other City-owned facilities or sites as directed. Emergency mitigation and restoration efforts are critical to minimizing damage from wind and water due to events including but not limited to flooding, windstorm, lightning, failures due to electrical, plumbing, mechanical failures, or any other incidents which may cause damage to City property. The Contractor will be expected to respond promptly, assess and document the situation and damage, mitigate and preserve affected areas from additional harm or property loss, and provide restoration services. 5.4 Emergency Response The restoration contractor ("Contractor") shall remain on-call and available 24/7 to provide emergency mitigation services for impacted City-owned structures. Response times are as follows: Standard Emergencies: Contractor shall deploy staff to complete a full assessment of the affected area within two (2) hours of notification by the City. v. 7.2024 19 Natural Disasters: Contractor shall conduct a full assessment within six (6) hours of mobilization by the City. Where possible, the City will notify the Contractor in advance of an anticipated event. Access to damaged areas will be secured before mobilization begins. 5.5 Damage Assessment & Proposal Preparation a. The City will provide site access and building locations for assessment. b. Contractors must be capable of securing a performance bond for construction projects estimated at $150,000 or more, or when otherwise required prior to commencement of work. c. Contractor shall use appropriate tools (e.g., moisture meters, thermal imaging) to determine moisture levels, wind damage, mechanical systems damage and status, and provide a combined scope of damage. d. A “not-to-exceed” proposal shall be prepared based on the established pricing from TAB 6 – Cost of Services (fee schedule), including all necessary services to mitigate and restore the property to pre-loss condition. e. All proposals must be itemized for labor, materials, equipment, etc. based on fee schedule provided under TAB 6 – Cost of Services. f. All damage shall be documented with photographs, space measurements, and written notes. If building contents are damaged and require removal, the Contractor must inventory items and obtain written approval from a City designee before disposal. All disposed items must be photographed and cataloged. 5.6 Commencement of Work a. The Contractor shall submit a detailed “not-to-exceed” proposal to the City’s designated representative. Work may not commence until the proposal has been reviewed, approved, and a formal Notice to Proceed has been issued by the City. b. If additional restoration or reconstruction services become necessary as a result of testing, diagnostics, demolition, or other related activities during an active project, a separate “not-to- exceed” proposal must be prepared. This proposal shall be based on the established fee schedule and must include all required documentation. It must also be submitted for review and approval by the City’s designated representative prior to starting any additional work. c. The Contractor is responsible for securing all necessary permits related to the project. Permit fees will be waived for work performed on City-owned properties. Water Extraction a. Use appropriately sized equipment to remove standing water. b. Apply techniques that minimize further damage to structures and contents. Contents Handling a. Manipulation: Move, inventory, pack out, and temporarily or permanently dispose of contents (e.g., furniture, appliances, electronics). b. Treatment: Dry, sanitize, deodorize, and treat contents to prevent contamination. Removal and Disposal of Contaminated Materials v. 7.2024 20 a. Remove wall coverings to expose framing/CMU 24” above the high-water line. b. Remove all flooring down to the subfloor. c. Remove kitchen cabinets, bathroom vanities, and other built-ins affected by flooding to allow drying. These may be reinstalled if salvageable and dry per moisture guidelines. Structural Drying and Dehumidification a. Follow drying procedures in accordance with Institute of Inspection, Cleaning and Restoration Certificate (IICRC) standards. b. Use commercial-grade dehumidifiers and air movers. c. Reduce moisture in wood framing to below 15%, verified with a non-intrusive moisture meter unless otherwise directed by the City. d. Verify moisture in non-wood materials by comparing readings in affected and unaffected areas. Materials are considered dry when moisture levels are within 5% of unaffected areas. e. Perform daily site visits during the drying process. Monitor and record moisture levels every 24 hours. Cleaning, Sanitization, & Mold a. Follow Environmental Protection Agency (EPA) and Occupational Safety and Health Administration (OSHA) protocols for cleaning. b. Apply safe and effective antimicrobial solutions. c. Include deodorization as part of the cleaning process. d. Conduct testing for mold. e. If mold remediation is required, it must follow IICRC guidelines and exceed Florida Department of Health (FDH) standards. Swimming Pool Restoration a. Remove water using certified contractors and hydrostatic relief valves. Dewatering will be evaluated on a case-by-case basis. b. Clear debris from the pool. c. Pressure wash all interior pool surfaces. d. Evaluate and, if needed, acid wash the surface after draining. e. After City inspection, clean and chemically stabilize the pool to meet FDH standards. Additional Services a. Require “not-to-exceed” proposals that are itemized, priced per the fee schedule, and approved before commencement of work can begin. b. All documentation required shall be submitted with the fee proposal. c. Services not listed in the Pricing Sheet shall be submitted as a separate document under TAB 6 – Cost of Services. MEP, Fire Suppression, General Construction, and Restoration Services v. 7.2024 21 a. Any necessary testing to evaluate the condition and functionality of existing equipment must be completed. b. All MEP, Fire Suppression, General Construction, and Restoration work requires “not-to exceed” proposals that are itemized, priced in accordance with the approved fee schedule, and submitted for approval prior to the start of any work. c. All required documentation must be included with the fee proposal. Photographic Documentation a. Photograph and/or video of all four walls in each room at three key stages: prior to demolition, during remediation, and after remediation is complete. b. Include images capturing moisture meter readings taken before demolition and upon completion of the remediation process. c. All photographs and/or video shall be submitted in electronic format and clearly labeled using the following structure: Site → Room → Prior to Demolition → During Remediation → Completed Remediation (per facility) Permitting a. The Contractor is responsible for obtaining all necessary permits. Permit fees are waived for City-owned properties. b. Under TAB 6 – Cost of Services, Contractors shall include pricing for obtaining all necessary permits from the City of Clearwater Building Department. This pricing should cover the full permitting process, including initial application submission, responding to all review comments until they are fully resolved, permit pickup, coordination and management of all required inspections, and final approval of the building permit to allow occupancy. 5.7 Staging Area Designation & Management Contractor shall collaborate with the City to identify appropriate staging areas at work sites for equipment, materials, debris, and other operational functions. The Contractor must provide temporary facilities (e.g., tents, sanitation) to support onsite personnel. All staging locations must be approved by the City and comply with regulatory requirements, with minimal impact on surrounding neighborhoods. Disaster Recovery Technical Assistance 5.8 Disaster Recovery Technical Assistance Contractor shall provide technical support and consultation throughout the recovery process. This includes documentation assistance related to the Public Assistance Program, as well as planning and scoping for additional services as necessary. 5.9 Cost of Services The Contractor shall bear all operating expenses, including licensing and equipment maintenance, necessary for completing the contracted services. Payment will be made on a unit price basis upon submission and approval of complete service documentation and a valid invoice in accordance with Pricing Sheet. If unforeseen circumstances arise, the City, Insurance Adjuster, and Contractor will negotiate any adjustments to scope or pricing. Amendments or changes to the agreement require mutual approval. 5.10 Payment/Invoicing v. 7.2024 22 Costs must be itemized for labor, materials, equipment, and specialty subcontractors. The city reserves the right to request a review by the insurance adjuster of all submitted costs. Any additional fees outside those listed under Pricing Sheet shall be uploaded as a separate attachment. All invoices shall include the following information: • Site Location Address • Loss Date (Date of incident damage.) • Date of service • Services/Product rendered • Unit prices in accordance with Pricing Sheet and/or additional fees • Unique invoice number • Purchase Order (PO) number 5.11 General Responsibilities Additional Agreements The City may enter into agreements with federal and/or state agencies for disaster relief purposes. The Contractor shall comply with all terms and conditions of such agreements, regardless of any additional requirements or obligations this may impose. 5.12 City Responsibilities The City will provide all necessary information and documentation required to initiate contracted services. This includes the issuance of a formal Notice to Proceed. 5.13 Performance of Work The Contractor shall plan and carry out all work in a professional, efficient, and satisfactory manner. All personnel, including subcontractors, must always conduct themselves with courtesy and professionalism. 5.14 Use of Subcontractors If the Contractor intends to engage subcontractors, a Subcontractor Plan must be submitted with the bid proposal. This plan should include: ▪ Company name ▪ Areas of expertise ▪ Contact information ▪ Identification of small or disadvantaged business status, if applicable 5.15 Acknowledgement of Industry Standards By submitting a proposal, the Contractor acknowledges and agrees to adhere to all applicable Florida Building Codes and the current Institute of Inspection, Cleaning and Restoration Certification (IICRC) S500 Standards and Reference Guide for Professional Water Damage Restoration. 5.16 Contractor Oversight The Contractor shall supervise and manage all work performed under this contract, including tasks executed by employees, agents, and subcontractors. The Contractor is solely responsible for the methods, v. 7.2024 23 safety measures, procedures, and overall execution of the services. A qualified project manager must be present on-site with full authority to act on the Contractor’s behalf. Any communication from the City’s contract administrator or designee to the project manager will be considered as having been communicated directly to the Contractor. 5.17 Workforce Self-Sufficiency The Contractor shall ensure that all personnel, including subcontractors, are self-sufficient. This includes providing for their own fuel, vehicle maintenance, accommodations, food, sanitation, and related needs, in a manner that aligns with local regulations and minimizes impacts on the community and environment. 5.18 Property Damage Responsibility The Contractor is expected to execute all operations in a manner that minimizes damage to public, private, and commercial property and infrastructure. The Contractor is fully responsible for any damage caused by its own personnel or subcontractors due to negligence. Any such damage must be reported in writing to the contract administrator or City designee within 24 hours of the incident. The City will determine whether negligence occurred. In cases of confirmed negligence, the City reserves the right to: ▪ Invoice the Contractor for repairs ▪ Deduct the cost of repairs from payments due to the Contractor ▪ Require the Contractor to perform the necessary repairs to the City’s satisfaction 5.19 Debris Disposal Unless otherwise directed by the City, the Contractor shall determine the appropriate method for processing and legally disposing of all debris resulting from water remediation and restoration activities. ▪ The City may provide dumpsters for debris disposal at no cost to the Contractor. ▪ If the Contractor provides its own dumpsters, pricing will follow the unit rates listed in the fee schedule and will be based on a 24-hour rental period. ▪ The Contractor is responsible for all tipping fees associated with the disposal of debris in Contractor-provided dumpsters. 5.20 Standards of Performance Workdays and Hours The Contractor shall perform services on workdays and/or work hours as directed by the City, following appropriate consultation and notification. Work on recognized holidays shall be conducted only at the discretion of the City. Hazardous and Industrial Waste Management If hazardous or industrial materials are encountered during debris removal, the Contractor shall isolate and safeguard such materials for proper handling and disposal. Prior to any such activity, the Contractor shall submit a Hazardous and Industrial Materials Cleanup and Disposal Plan for City approval. This plan must comply with all applicable local, state, and federal regulations. The Contractor may engage qualified subcontractors specializing in hazardous waste management to perform related services in accordance with the approved plan. Use of Local Resources v. 7.2024 24 Whenever feasible, the Contractor shall give preference to labor, materials, and resources sourced from within Pinellas County. Workplace Safety The Contractor shall submit a Safety Plan, Safe Working Environment Policy, or equivalent document with their bid proposal to demonstrate compliance with applicable safety standards. The Contractor is responsible for ensuring a safe working environment in accordance with the Occupational Safety and Health Act (OSHA) of 1970, as amended. This includes providing necessary safety equipment, training, and supervision. The Contractor shall also ensure that all subcontractors adhere to equivalent safety provisions. 5.21 Reports and Documentation The City prefers the use of an electronic reporting system that is well-organized, searchable by category, and includes electronically filed photographs and daily moisture content logs. Reporting Requirements The Contractor shall submit daily electronic reports detailing the progress of water remediation and restoration efforts at each site. All reports and documents listed in a-d shall be submitted on three individual thumb drives prior to final payment. Reports shall include, but are not limited to, the following: a. Daily Progress Reports. Daily reports must summarize activities completed, including moisture content readings for each affected area and material within the structure. b. Quantity Approvals. All quantities must be verified and approved by the City's representative either weekly or upon project completion, whichever occurs first. c. Final Project Closeout Report. Upon final inspection and/or project closeout, the Contractor shall submit a comprehensive report containing: ▪ Photographic documentation of each room (all four walls) at three stages: prior to demolition, during remediation, and upon completion. ▪ Moisture meter readings taken before demolition and at the end of the project. ▪ All photographs submitted electronically, clearly labeled as: Site → Room → Prior to Demolition → During Remediation → Completed Remediation ▪ A full accounting of daily moisture content logs, quantities submitted for payment, and an itemized final invoice. ▪ A release of liens, confirming all subcontractors have been fully compensated. ▪ Verification that all required building permit inspections have been successfully completed and closed. ▪ Any additional information necessary to fully document the project and support the City’s water remediation and restoration records. ▪ Final project reconciliation and acceptance are subject to approval by the City. d. Additional Closeout Document Requirements (If applicable to Scope of Work provided). ▪ Job Photos ▪ Tie in survey DWG and PDF v. 7.2024 25 ▪ As built drawings DWG and PDF ▪ RFI and Change Orders ▪ Concrete, asphalt, any material testing ▪ Building Permit Placard ▪ Certificate of Completion from Building Department ▪ Consent of Surety Bond if project meets bond threshold ▪ Info Summary ▪ Contractor Letter of Completion ▪ List of Subcontractors ▪ Submittal Transmittal – Closeout and Pay Apps ▪ Warranty information from Contractor ▪ Warranty Information from Subcontractors 5.22 Use of Moisture Meters The Contractor shall record daily moisture readings throughout the drying process to ensure appropriate reduction in moisture levels. A non-intrusive (penetrating) moisture meter may be used unless the City designee specifically requests the use of an intrusive (penetrating) moisture meter. 5.23 Supplemental Documentation The Contractor shall provide adequate documentation to support all services rendered, including but not limited to: ▪ Water extraction ▪ Cleanup and remediation ▪ Building contents handling ▪ Structural drying and dehumidification ▪ Antimicrobial treatment ▪ Moisture monitoring ▪ Mold remediation ▪ Disposal of contaminated materials ▪ This documentation must meet City and applicable governmental standards and support reimbursement requests from external funding sources. 5.24 Document Retention In accordance with applicable audit requirements, the Contractor shall retain all reports, records, debris tracking tickets, and related correspondence for a period of no less than five (5) years from the date of project closeout. These documents must be available for inspection by federal, state, and local agencies. v. 7.2024 26 5.25 Certifications The Contractor shall be fully responsible for ensuring that all personnel and vehicles utilized in the performance of this Agreement are appropriately certified and compliant with applicable standards. Personnel Certification Requirements a. Senior management staff assigned to this project may be required to attend training and briefing sessions conducted by representatives of Pinellas County and/or the City, as requested. b. Supervisory personnel employed by the Contractor, as well as those employed by any subcontractors, must have received training in debris management and the National Incident Management System (NIMS). c. Personnel assigned to data management, invoicing, and documentation duties shall be properly trained in the specific systems, methods, and protocols to be used throughout the project. d. All vehicle and equipment operators shall hold the necessary licenses and certifications in compliance with all relevant local, state, and federal laws and regulations. e. Upon deployment, all field personnel, including those of subcontractors, shall receive comprehensive orientation and training covering: ▪ Their specific duties and responsibilities ▪ Safety procedures ▪ Proper water damage restoration methods in accordance with IICRC guidelines ▪ Incident and accident reporting protocols 5.26 Optional Services During a disaster event, the City may identify the need for additional services. When applicable, the specifications outlined in this solicitation shall also apply to the optional services described below. a. Provide comprehensive restoration services, which may include, carpentry, drywall installation and finishing, window and door installation, mechanical, electrical, and plumbing (MEP) testing, diagnostics, and repair, waterproofing, painting, and flooring installation. b. Support structural repairs as needed to return the property to its pre-loss condition, in coordination with the City’s direction. 5.27 Required Qualifications Respondents to this RFP shall demonstrate their relevant experience and qualifications as outlined in the Proposal Format. A minimum of three (3) references is required, preferably from public entities within the State of Florida, for which similar services have been provided. In addition to meeting the general requirements of this RFP, respondents must satisfy the following criteria to be considered for award: a. The respondent must be registered with the Florida Division of Corporations and authorized to conduct business within the State of Florida. b. The respondent must hold appropriate State of Florida licensure for the work to be performed. A valid copy of the license(s) must be included with the proposal. v. 7.2024 27 c. The respondent must not be listed on the Florida Department of Management Services (DMS) Convicted Vendor List, in accordance with Florida Statute §287.133(3)(d). d. The respondent must not appear on the Federal Debarment List (www.SAM.gov). e. The respondent must not be included on the Florida State Board of Administration Scrutinized Companies List of prohibited vendors. INSURANCE REQUIREMENTS A list of Insurance Policies that may be required. Note: All vendors will be required to show proof of coverage for Commercial General & Auto Liability and Workers Compensation. Vendors may be required to also show proof of coverage for Professional Liability and Pollution Liability if applicable. 6.1 Requirements The Vendor shall, at its own cost and expense, acquire and maintain (and cause any subcontractors, representatives or agents to acquire and maintain) during the term with the City, sufficient insurance to adequately protect the respective interest of the parties. Coverage shall be obtained with a carrier having an AM Best Rating of A-VII or better. In addition, the City has the right to review the Contractor’s deductible or self-insured retention and to require that it be reduced or eliminated. Specifically the Vendor must carry the following minimum types and amounts of insurance on an occurrence basis or in the case of coverage that cannot be obtained on an occurrence basis, then coverage can be obtained on a claims-made basis with a minimum three (3) year tail following the termination or expiration of this Agreement: 6.2 Commercial General Liability Insurance Coverage, including but not limited to, premises operations, products/completed operations, products liability, contractual liability, advertising injury, personal injury, death, and property damage in the minimum amount of $1,000,000 (one million dollars) per occurrence and $2,000,000 (two million dollars) general aggregate. 6.3 Commercial Automobile Liability Insurance Coverage for any owned, non-owned, hired or borrowed automobile is required in the minimum amount of $1,000,000 (one million dollars) combined single limit. 6.4 Professional Liability/Malpractice/Errors or Omissions Insurance Coverage appropriate for the type of business engaged in by the Respondent with minimum limits of $2,000,000 (two million dollars) per occurrence. If a claims made form of coverage is provided, the retroactive date of coverage shall be no later than the inception date of claims made coverage, unless the prior policy was extended indefinitely to cover prior acts. Coverage shall be extended beyond the policy year either by a supplemental extended reporting period (SERP) of as great a duration as available, and with no less coverage and with reinstated aggregate limits, or by requiring that any new policy provide a retroactive date no later than the inception date of claims made coverage. 6.5 Workers’ Compensation Insurance Unless waived by the State of Florida and proof of waiver is provided to the City, statutory Workers’ Compensation Insurance coverage in accordance with the laws of the State of Florida, and Employer’s v. 7.2024 28 Liability Insurance in the minimum amount of $1,000,000 (one million dollars) each employee each accident, $1,000,000 (one million dollars) each employee by disease, and $1,000,000 (one million dollars) disease policy limit. Coverage should include Voluntary Compensation, Jones Act, and U.S. Longshoremen’s and Harbor Worker’s Act coverage where applicable. Coverage must be applicable to employees, contractors, subcontractors, and volunteers, if any. 6.6 Pollution and/or Asbestos Legal Liability Insurance Where the Agreement involves asbestos and/or environmental hazards/contamination risks (defined broadly, e.g. lead, mold, bacteria, fuel storage, underground work, cleanup (owned or non-owned sites),pollutant generation/transportation, marine/natural resource damage, contamination claim, restitution, business interruption, mold, fungus, lead-based paint, 3rd party claims/removal, etc.), with limits of at least $1,000,000 (one million dollars) per occurrence and $2,000,000 (two million dollars) aggregate, maintained for at least 3 years after Agreement completion. 6.7 Waiver of Subrogation With regard to any policy of insurance that would pay third party losses, Contractor hereby grants City a waiver of any right to subrogation which any insurer of the Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect such waiver, but this provision shall apply to such policies regardless of whether or not the city has received a waiver of subrogation endorsement from each insurer. The above insurance limits may be achieved by a combination of primary and umbrella/excess liability policies. 6.8 Other Insurance Provisions Prior to the execution of this Agreement, and then annually upon the anniversary date(s) of the insurance policy’s renewal date(s) for as long as this Agreement remains in effect, the Vendor will furnish the City with a Certificate of Insurance(s) (using appropriate ACORD certificate, SIGNED by the Issuer, and with applicable endorsements) evidencing all of the coverage set forth above and naming the City as an “Additional Insured” on the Commercial General Liability Insurance and the Commercial Automobile Liability Insurance. In addition when requested in writing from the City, Vendor will provide the City with certified copies of all applicable policies. The address where such certificates and certified policies shall be sent or delivered is as follows: City of Clearwater Attn: Procurement Division, 26-25 P.O. Box 4748 Clearwater, FL 33758-4748 Vendor shall provide thirty (30) days written notice of any cancellation, non-renewal, termination, material change or reduction in coverage. Vendor’s insurance as outlined above shall be primary and non-contributory coverage for Vendor’s negligence. Vendor reserves the right to appoint legal counsel to provide for the Vendor’s defense, for any and all claims that may arise related to Agreement, work performed under this Agreement, or to Vendor’s design, equipment, or service. Vendor agrees that the City shall not be liable to reimburse Vendor for any legal fees or costs as a result of Vendor providing its defense as contemplated herein. The stipulated limits of coverage above shall not be construed as a limitation of any potential liability to the City, and City’s failure to request evidence of this insurance shall not be construed v. 7.2024 29 as a waiver of Vendor’s (or any contractors’, subcontractors’, representatives’ or agents’) obligation to provide the insurance coverage specified. MILESTONES 7.1 Anticipated Beginning and End of Initial Term The initial term is estimated to be from July 1, 2025 through June 30, 2026. If the commencement of performance is delayed because the City does not execute the contract on the start date, the City may adjust the start date, end date and milestones to reflect the delayed execution. 7.2 Renewal At the end of the initial term of this contract, the City may initiate renewal(s) as provided herein. The decision to renew a contract rests solely with the City. The City will give written notice of its intention to renew the contract no later than thirty (30) days prior to the expiration. four (4), one (1) year renewal(s) are possible at the City’s option. 7.3 Extension The City reserves the right to extend the term of this contract, provided however, that the City shall give written notice of its intentions to extend this contract no later than thirty (30) days prior to the expiration date of the contract. 7.4 Prices All pricing shall be firm for the initial term one (1) year except where otherwise provided by the specifications, and include all transportation, insurance and warranty costs. The City shall not be invoiced at prices higher than those stated in any contract resulting from this proposal. a. The Contractor certifies that the prices offered are no higher than the lowest price the Contractor charges other buyers for similar quantities under similar conditions. The Contractor further agrees that any reductions in the price of the goods or services covered by this proposal and occurring after award will apply to the undelivered balance. The Contractor shall promptly notify the City of such price reductions. b. During the sixty (60) day period prior to the renewal anniversary of the contract effective date, the Contractor may submit a written request that the City increase the prices in an amount for no more than the twelve month change in the Consumer Price Index for All Urban Consumers (CPI-U), US City Average, All Items, Not Seasonally Adjusted as published by the U.S. Department of Labor, Bureau of Labor Statistics (http://www.bls.gov/cpi/home.htm). The City shall review the request for adjustment and respond in writing; such response and approval shall not be unreasonably withheld. c. At the end of the initial term, pricing may be adjusted for amounts other than inflation based on mutual agreement of the parties after review of appropriate documentation. Renewal prices shall be firm for each renewal term. d. No fuel surcharges will be accepted. RESPONSE ELEMENTS NOTE: Every proposal received by the City will be considered a public record pursuant to Chapter 119, Florida Statutes. Any response marked confidential may be deemed non-responsive to this RFP. v. 7.2024 30 8.1 Proposal Submission The City prefers responses are submitted electronically through the City's e-Procurement Portal located at https://procurement.opengov.com/portal/myclearwater. Without exception, responses will not be accepted after the submission deadline regardless of any technical difficulties such as poor internet connections. The City strongly recommends completing your response well ahead of the deadline. Bidders can get help through OpenGov Assist, located on the bottom right of the OpenGov portal. 8.2 Proposal Format The following items shall be included in your proposal and uploaded into the specified section of the RFP. TAB 1 - Letter of Transmittal. A brief letter of transmittal should be submitted that includes the following information: a. The proposer’s understanding of the work to be performed. b. A positive commitment to perform the service within the time period specified. c. The names of key persons, representatives, project managers who will be the main contacts for the City regarding this project. TAB 2 – Qualifications and Experience of Key Personnel. Provide a comprehensive overview of the qualifications, expertise, and relevant experience of all key personnel assigned to this project including but not be limited to the following: a. Detailed resumes and background information for individuals involved in recovery and restoration efforts, including project managers, field supervisors, safety officers, and technical specialists. Emphasize relevant certifications (e.g., FEMA, IICRC, OSHA, ANSI, ICRI) and prior experience on similar projects. Include a list of licenses issued by the Department of Business & Professional Regulation, such as General Contractor, Building Contractor, Specialty Contractor, or other applicable credentials, and describe how these qualifications support effective recovery and restoration efforts. b. Qualifications and expertise of support personnel, including environmental engineers, structural engineers, and restoration specialists. Confirm that team members are properly trained in emergency response protocols and restoration best practices. c. A full range of recovery and restoration services your company provides such as property damage assessment, demolition, structural repair, water/fire/mold remediation, debris removal, and other related restoration activities. TAB 3 – Proven Experience, Relevant Expertise, and References. The following information should be included in response: a. A summary demonstrating your company's qualifications, both financial and operational, to deliver the requested services throughout the contract term. Include your ability to allocate appropriate staffing, deploy necessary resources, and maintain consistent service delivery. Highlight your organization’s track record of reliability and performance. b. Capability assessment of respondents’ ability to fulfill the City’s requirements, addressing core services as well as any value-added expertise that exceeds expectations. Emphasize relevant experience and familiarity with FEMA, IICRC, OSHA, ANSI, and ICRI standards and protocols. v. 7.2024 31 c. Prove examples of restoration projects of varying scope and complexity which can include work completed for municipal, state, and private-sector clients. Detail the specific challenges involved and how they were successfully managed. d. Include measurable results from past projects such as completion timelines, budget adherence, and client satisfaction illustrating your ability to deliver high-quality outcomes. e. References: Provide a minimum of three (3) references, preferably from public agencies within the State of Florida, for which similar services has been provided. For each reference, include the organization’s name, contact person, phone number, email address, mailing address, type of service provided, and the timeframe during which the services were rendered. Reference letters are highly recommended. TAB 4 – Outsourcing and Subcontractors a. Identify any portions of the project that will be subcontracted. Clearly specify the roles, responsibilities, or tasks to be performed by subcontractors. b. Provide background information on any proposed subcontractors, including their qualifications, certifications, and relevant experience. Highlight their involvement in previous recovery and restoration projects, as well as their proven ability to meet project deadlines and maintain high-quality standards. c. Describe your strategy for managing subcontractors to ensure their performance aligns with your company’s standards. Include how you will ensure compliance with FEMA guidelines, applicable safety regulations, and overall project quality control. d. Provide the subcontractor’s company name, areas of expertise, and contact information. Indicate whether the business qualifies as small, minority-owned, women-owned, or disadvantaged. TAB 5 – Additional Information and Availability: Responding firms should include the following details: a. Any supplementary information that may support the evaluation of your proposal. b. A summary of the contractor’s availability, current obligations, and how projects in Clearwater, Florida would be prioritized in the event of a disaster. c. A description of systems and resources in place to ensure rapid deployment of equipment, materials, and personnel to disaster zones. o This should include transportation logistics, equipment readiness, self-performance capabilities, and any local partnerships. d. Details about any software platforms available for mitigation contractors (e.g., Matterport or comparable technology). TAB 6 – Cost of Services. Pricing provided should meet industry standards. a. The cost of services shall include but not be limited to the following: • Pricing as listed under Pricing Sheet. • Any additional fees outside those listed under Pricing Sheet. • Include a cost breakdown of permit procurement as referenced under Detailed Specifications, Permitting. v. 7.2024 32 • Include a cost breakdown for photographs and/or video as referenced under Detailed Specifications, Photographic Documentation. b. Vendors shall also include with their cost of service and explanation for the following: • Pricing for any necessary testing (mold, lead, asbestos, hazardous or industrial materials, etc.) Refence checklist for Mold Remediation under Environmental Protection Agency (EPA) site at http://www.epa.gov/iaq/molds/index.html • Pricing for any necessary remediation by special contractors for (mold, lead, asbestos, hazardous or industrial materials, etc. • Pricing for storage of any city owned property not damaged but must be removed for the work to commence. Please explain how you would remove, secure, and store these items. • Pricing for disposal of debris, non-salvageable materials, or items not captured in the above line items. Other Forms. Reference Submittal Requirements a. Scrutinized Companies Form(s) b. Compliance with Anti-Human Trafficking Laws Form c. Copies of licenses and or certifications is required (reference Required Qualifications) d. W-9 Form. Include a current W-9 form. (available at http://www.irs.gov/pub/irs-pdf/fw9.pdf) PRICING SHEET DISCLAIMER: By submitting a completed bid package any remediation contractors are acknowledging that they will follow all current Florida Building Codes as well as current Institute of Inspection, Cleaning and Restoration Certification (IICRC) Standards and Reference Guide for Professional Water Damage Restoration (IICRC S500). Helpful Links: https://codes.iccsafe.org/codes/florida https://iicrc.org/s500/ NOTE: Contractors must be capable of securing a performance bond for construction projects estimated at $150,000.00 or more, or when otherwise required prior to commencement of work. CATEGORY 1: EMERGENCY SERVICE Line Item Description Unit of Measure Unit Price No Bid 1 Normal business hours Per Call 2 After business hours Per Call 3 Natural disaster related Per Call CATEGORY 2: REMEDIATION TECHNICIAN (PER UNIT) v. 7.2024 33 Line Item Description Unit of Measure Unit Price No Bid 1 Normal business hours Per Hour 2 After business hours Per Hour 3 Natural disaster related Per Hour CATEGORY 3: REMEDIATION SUPERVISOR (PER UNIT) Line Item Description Unit of Measure Unit Price No Bid 1 Normal business hours Per Hour 2 After business hours Per Hour 3 Natural disaster related Per Hour CATEGORY 4: AIR MOVER (PER DAY = 24 HOUR PERIOD) Line Item Description Unit of Measure Unit Price No Bid 1 Under 1000 CFM Per Day 2 1000-2500 CFM Per Day 3 2500-3500 CFM Per Day 4 3500-5000 CFM Per Day CATEGORY 5: NEGATIVE AIR MACHINE (PER DAY = 24 HOUR PERIOD) Line Item Description Unit of Measure Unit Price No Bid 1 Negative air machine Per Day CATEGORY 6: DEHUMIDIFIER (PER DAY = 24 HOUR PERIOD) v. 7.2024 34 Line Item Description Unit of Measure Unit Price No Bid 1 Under 400 CFM Per Day 2 400-900 CFM Per Day CATEGORY 7: DESICCANT DEHUMIDIFIER (PER DAY = 24 HOUR PERIOD) Line Item Description Unit of Measure Unit Price No Bid 1 1200 CFM Per Day 2 2000/1000 CFM Per Day 3 5000 CFM Per Day 4 7500/5500 CFM Per Day CATEGORY 8: MOISTURE METERS (PER DAY = 24 HOUR PERIOD) Line Item Description Unit of Measure Unit Price No Bid 1 Moisture meter Per Day CATEGORY 9: POOL RESTORATION Line Item Description Unit of Measure Unit Price No Bid 1 Drain Square Foot 2 Clean Square Foot 3 Fill Per Gallon 4 Chemically stabilize Per Gallon CATEGORY 10: WASHING v. 7.2024 35 Line Item Description Unit of Measure Unit Price No Bid 1 Pressure washing flat and vertical surfaces Square Foot 2 Acid washing interior of drained pool Square Foot CATEGORY 11: DEMOLITION AND DISPOSAL (PER UNIT) Line Item Description Unit of Measure Unit Price No Bid 1 Gypsum or cement wall board 24” above the established high-water line including remaining exposed screws and nails Square Foot 2 Any wood wall covering 24” above the established high-water line including remaining exposed screws and nails Square Foot 3 Non-adhered carpet, laminate, or other floating floor Square Foot 4 Adhered carpet, vinyl, laminate, or any flooring bonded with non- cementitious adhesion Square Foot 5 All cove molding or baseboards regardless of material or method affixed Linear Foot 6 Any flooring bonded with cementitious adhesion Square Foot 7 Antimicrobial Disinfectant Spray application for wooden wall studs and other wall structures Square Foot 8 General Demolition to allow for the General Construction Services to be performed Per Hour CATEGORY 12: GENERAL CONSTRUCTION SERVICES (PER UNIT) v. 7.2024 36 Line Item Description Unit of Measure Unit Price No Bid 1 Securing of building openings with plywood Square Foot 2 Drywall system installation Square Foot 3 Stucco system installation Square Foot 4 Aluminum framed non-impact window installation Square Foot 5 Aluminum framed impact window installation Square Foot 6 Vinyl framed non-impact window installation Square Foot 7 Vinyl Framed impact window installation Square Foot 8 Metal roof system installation Square Foot 9 Built-up roof system installation Square Foot 10 Asphalt Shingle roof system Square Foot 11 Roof tarping installation Square Foot 12 Exterior framing installation Square Foot 13 Exterior pre hung door installation Square Foot 14 Interior pre hung door installation Square Foot 15 Interior door slab installation Square Foot 16 Interior framing installation Square Foot 17 Painting interior or exterior Square Foot 18 Waterproofing system installation Square Foot 19 Hard ceiling system installation Square Foot 20 Lay in ceiling system installation Square Foot v. 7.2024 37 Line Item Description Unit of Measure Unit Price No Bid 21 Casework / cabinetry installation Square Foot 22 Epoxy flooring system installation Square Foot 23 LVT flooring system installation Square Foot 24 Ceramic / porcelain tile flooring system installation Square Foot 25 Masonry (brick, block, stone) installation Square Foot 26 Bathroom Partition installation Square Foot 27 Cove molding / base board installation Linear Foot 28 Specialty flooring installation Square Foot 29 Carpet Installation Square Foot 30 Access Control Installation Per Unit 31 Wall Pad Installation Square Foot 32 Specialty Wall covering installation Square Foot 33 Concrete flat work installation Square Foot CATEGORY 13: GENERAL CONSTRUCTION MATERIALS (PERCENT MARKUP OF MATERIALS) Line Item Description Unit of Measure Percentage No Bid 1 Securing of building openings with plywood Percent Markup 2 Drywall system installation Percent Markup 3 Stucco system installation Percent Markup v. 7.2024 38 Line Item Description Unit of Measure Percentage No Bid 4 Aluminum framed non-impact window installation Percent Markup 5 Aluminum framed impact window installation Percent Markup 6 Vinyl framed non-impact window installation Percent Markup 7 Vinyl Framed impact window installation Percent Markup 8 Metal roof system installation Percent Markup 9 Built-up roof system installation Percent Markup 10 Asphalt Shingle roof system Percent Markup 11 Roof tarping installation Percent Markup 12 Exterior framing installation Percent Markup 13 Exterior pre hung door installation Percent Markup 14 Interior pre hung door installation Percent Markup 15 Interior door slab installation Percent Markup 16 Interior framing installation Percent Markup 17 Painting interior or exterior Percent Markup 18 Waterproofing system installation Percent Markup v. 7.2024 39 Line Item Description Unit of Measure Percentage No Bid 19 Hard ceiling system installation Percent Markup 20 Lay in ceiling system installation Percent Markup 21 Casework / cabinetry installation Percent Markup 22 Epoxy flooring system installation Percent Markup 23 LVT flooring system installation Percent Markup 24 Ceramic / porcelain tile flooring system installation Percent Markup 25 Masonry (brick, block, stone) installation Percent Markup 26 Bathroom Partition installation Percent Markup 27 Cove molding / base board installation Percent Markup 28 Specialty flooring installation Percent Markup 29 Carpet Installation Percent Markup 30 Access Control Installation Percent Markup 31 Wall Pad Installation Percent Markup 32 Specialty Wall covering installation Percent Markup 33 Concrete flat work installation Percent Markup CATEGORY 14: POWER (PER DAY = 24 HOUR PERIOD) v. 7.2024 40 Line Item Description Unit of Measure Unit Price No Bid 1 Portable generator to facilitate restoration operations if power is unavailable Per Day CATEGORY 15: TESTING, DIAGNOSING AND/OR REPAIR (HOURLY RATE) Line Item Description Unit of Measure Unit Price No Bid 1 All electrical systems Per Hour 2 All mechanical systems Per Hour 3 All plumbing systems Per Hour 4 All fire suppression systems Per Hour 5 After Hours charge for any MEP testing, diagnosis, or repair (additional hourly add on) Per Hour CATEGORY 16: TESTING, DIAGNOSING AND/OR REPAIR (PERCENT MARKUP OF MATERIALS) Line Item Description Unit of Measure Percentage No Bid 1 Repair of electrical system components Percent Markup 2 Repair of mechanical system components Percent Markup 3 Repair of plumbing system components Percent Markup 4 Repair of fire suppression system components Percent Markup CATEGORY 17: DEMOLITION AND DISPOSAL v. 7.2024 41 Line Item Description Unit of Measure Unit Price No Bid 1 Standard size wooden, plastic, fiberglass interior doors (Per Door) Per Door 2 Door jamb of standard size wooden, plastic, fiberglass interior door jamb Per Door 3 Non-standard (larger sized) wooden, plastic, fiberglass interior doors Per Door 4 Non-standard (larger sized) wooden, plastic, fiberglass interior door jamb Per Door CATEGORY 18: REMOVAL AND DISPOSAL Line Item Description Unit of Measure Unit Price No Bid 1 Wooden firring strips that are non- salvageable Linear Foot 2 Wet insulation 24” above established high-water line Square Foot CATEGORY 19: DELIVER AND DISPOSAL (PER DAY = 24 HOUR PERIOD) Line Item Description Unit of Measure Unit Price No Bid 1 8-yard dumpster Per Day 2 20-yard dumpster Per Day 3 30-yard dumpster Per Day 4 40-yard dumpster Per Day SUBMITTAL REQUIREMENTS 1 Exceptions* v. 7.2024 42 Proposers shall indicate any and all exceptions taken to the provisions or specifications in this solicitation document. Exceptions that surface elsewhere and that do not also appear under this section shall be considered invalid and void and of no contractual significance. Do you have any exceptions to the provisions or specifications? ☐ Yes ☐ No *Response required When equals "Yes" Exceptions Taken* **Special Note – Any material exceptions taken to the City’s Terms and Conditions may render a Proposal non-responsive. Upload a copy of any exceptions taken to the provisions or specifications in this solicitation. *Response required 2 Additional Materials* Have you included any additional materials? ☐ Yes ☐ No *Response required When equals "Yes" Description of Additional Materials* Provide a brief description of the additional materials included. *Response required 3 Certified Business* Are you a Certified Small Business or a Certified Minority, Woman or Disadvantaged Business Enterprise? ☐ Yes ☐ No *Response required When equals "Yes" Certified Business Type* Pick one of the following. ☐ Certified Small Business ☐ Certified Minority, Woman, or Disadvantaged Business Enterprise *Response required When equals "Yes" v. 7.2024 43 Certifying Agency* List the Agency that provided your certification. *Response required When equals "Yes" Certification Documentation* Provide a copy of your certification. *Response required 4 Vendor Certification* By submitting this response, the Vendor hereby certifies that: A. It is under no legal prohibition on contracting with the City of Clearwater. B. It has read, understands, and is in compliance with the specifications, terms and conditions stated herein, as well as its attachments, and any referenced documents. C. It has no known, undisclosed conflicts of interest. D. The prices offered were independently developed without consultation or collusion with any of the other vendors or potential vendors or any other anti-competitive practices. E. No offer of gifts, payments or other consideration were made to any City employee, officer, elected official, or consultant who has or may have had a role in the procurement process for the commodities or services covered by this contract. The Vendor has not influenced or attempted to influence any City employee, officer, elected official, or consultant in connection with the award of this contract. F. It understands the City may copy all parts of this response, including without limitation any documents or materials copyrighted by the Vendor, for internal use in evaluating respondent’s offer, or in response to a public records request under Florida’s public records law (F.S. Chapter 119) or other applicable law, subpoena, or other judicial process; provided that the City agrees not to change or delete any copyright or proprietary notices. G. It hereby warrants to the City that the Vendor and its subcontractors will comply with, and are contractually obligated to comply with, all federal, state, and local laws, rules, regulations, and executive orders. H. It certifies that Vendor is not presently debarred, suspended, proposed for debarment, declared ineligible, voluntarily excluded, or disqualified from participation in this matter from any federal, state, or local agency. I. It will provide the commodities or services specified in compliance with all federal, state, and local laws, rules, regulations, and executive orders if awarded by the City. J. It is current in all obligations due to the City. K. It will accept all terms and conditions as set forth in this solicitation if awarded by the City. L. The signatory is an officer or duly authorized representative of the Vendor with full power and authority to submit binding offers and enter into contracts for the commodities or services as specified herein. v. 7.2024 44 ☐ Please confirm *Response required 5 E-Verify System Certification* PER FLORIDA STATUTE 448.095, CONTRACTORS AND SUBCONTRACTORS MUST REGISTER WITH AND USE THE E-VERIFY SYSTEM TO VERIFY THE WORK AUTHORIZATION STATUS OF ALL NEWLY HIRED EMPLOYEES. The affiant, by virtue of confirming below, certifies that: A. The Contractor and its Subcontractors are aware of the requirements of Florida Statute 448.095. B. The Contractor and its Subcontractors are registered with and using the E-Verify system to verify the work authorization status of newly hired employees. C. The Contractor will not enter into a contract with any Subcontractor unless each party to the contract registers with and uses the E-Verify system. D. The Subcontractor will provide the Contractor with an affidavit stating that the Subcontractor does not employ, contract with, or subcontract with unauthorized alien. E. The Contractor must maintain a copy of such affidavit. F. The City may terminate this Contract on the good faith belief that the Contractor or its Subcontractors knowingly violated Florida Statutes 448.09(1) or 448.095(2)(c). G. If this Contract is terminated pursuant to Florida Statute 448.095(2)(c), the Contractor may not be awarded a public contract for at least 1 year after the date on which this Contract was terminated. H. The Contractor is liable for any additional cost incurred by the City as a result of the termination of this Contract. ☐ Please confirm *Response required 6 Vendor's Proposal* Upload a copy of your proposal with the information requested as detailed in the solicitation titled 26-25 Emergency Response Mitigation and Restoration Services. *Response required 7 Scrutinized Company Certification* Please download the below documents, complete, and upload. • SCRUTINIZED_COMPANIES_AND_B... *Response required 8 Compliance with Anti-Human Trafficking Laws* Please download the below documents, complete, and upload. • Compliance_with_787.06_form... *Response required 9 Truth in Negotiations Certificate* v. 7.2024 45 Please download the below documents, complete, and upload. • Truth_In_Negotiation_Certif... *Response required 10 W-9* Upload your current W-9 form. (available at http://www.irs.gov/pub/irs-pdf/fw9.pdf) *Response required 1) ATI HoldCo, LLC 2) Belfor USA Group, Inc. dba ATI Restoration, LLC dba Belfor Property Restoration 3360 E. La Palma Ave.5433 W. Crenshaw Street Anaheim, CA 92806 Tampa, FL 33634 657-521-6572 813-386-3473 3) Lemoine Services Holdings, LP 4) Royal Plus, Inc. dba Lemoine Disaster Recovery, LLC 201 Belt Street 1960 Eraste Landry Rd, Ste 200 Snow Hill, MD 21863 Lafayette, LA 70506 443-783-6818 337-896-7720 5) Service Brothers, LLC 6) SLSCO LTD. dba DRYmedic Tampa Bay PO BOX 17017 2078 Weaver Park Drive Galveston, TX 77552 Clearwater, FL 33765 843-810-7201 888-538-3035 7)Ulloa Management Group LLC 1021 Three Forks Ct St. Augustine, FL 32092 561-888-3541 ADVERTISED: TAMPA BAY TIMES 4/16/2025 POSTED:myclearwater.com 04/11/2025- 05/12/2025 Due/Opening: May 12, 2025; 10:00 a.m. REQUEST FOR PROPOSAL No. 26-25 Emergency Response Mitigation and Restoration Services Solicitation Response Listing FOR THE CITY OF CLEARWATER Vendor Jeremy Alle Matthew An Mike Lockw Tom Wojtkiw Edward MorTotal Score Total Average Rank Lemoine Di 91 82 84 92 94 88.6 1.4 SLSCO LTD 94 73 81 87 83 83.6 2.8 BELFOR Tam 90 79 83 68 98 83.6 3 Royal Plus, 77 76 80 85 87 81 3.7 ATI Restora 86 66 77 85 78 78.4 4.7 Service Bro 75 51 79 70 68 68.6 5.8 Ulloa Mana 56 47 55 72 45 55 6.6 Ranking: Lemoine Disaster Recovery, LLC SLSCO ltd. Belfor Tampa Royal Plus, Inc. May 29, 2025 NOTICE OF INTENT TO AWARD The Selection Committee and the Procurement Division has shortlisted the firms for RFP No. 26-25, Emergency Response Mitigation and Restoration Services and proceeded to make an award recommendation to the four (4) top-ranked firms, for a period of one (1) year, with four (4), one (1) year renewal options. The ranked firms in order are as follows: 1) Lemoine Disaster Recovery, LLC 2) SLSCO LTD. 3) Belfor Property Restoration 4) Royal Plus, Inc. 5) ATI Restoration 6) Service Brothers, LLC 7) Ulloa Management Group, LLC Negotiations will soon commence with the four (4) top-ranked firms. If negotiations are unsuccessful with any of these firms, the City reserves the right to proceed to the next firm in the ranking. All negotiated contracts will be subject to City Council authorization. Inquiries regarding this Intent to Award can be directed to the City’s Procurement Analyst at (727) 444- 7902, or mailed to City of Clearwater, Attn: Procurement Division, PO Box 4748, Clearwater, FL 33758- 4748. Posted on this date by: Leslie Greve Leslie Greve Procurement Analyst 1 (rev. 4.2022) MASTER SERVICES AGREEMENT ("Owner"), with its principal place of business at and BELFOR USA Group, Inc., a Colorado corporation ("Contractor" or “BELFOR”) with its principal place of business at 185 Oakland Avenue, Suite 150, Birmingham, MI 48009. Owner and Contractor may be referred to throughout individually as a “Party,” or together as the “Parties.” RECITALS: A.The terms and conditions of this Agreement are intended to be in compliance with the City of Clearwater Request for Proposal 26-25 (the “RFP”). In the event of conflict between this Agreement and the RFP, the terms and conditions of the RFP shall control. B.Contractor will perform professional services as described below in Article 2 with respect to Owner’s property(ies) identified in a list provided by the Owner or a Work Order (“Property”). Contractor shall furnish all labor, materials, tools, equipment and supervision necessary to perform the Services. C.Contractor is service contractor engaged in the business of supplying emergency response, disaster restoration, reconstruction and related services, necessitated by fire, water, wind, smoke, contamination, corrosion and any other natural or manmade disaster. D.In lieu of entering into a new written agreement each time Contractor is requested to perform its services, Owner and Contractor wish to enter into this Agreement pursuant to which Owner may request Contractor visit the Property to perform the services at the Property for specific periods of time or projects and for specific monetary payments. The Parties therefore agree as follows: Article I. TERM OF AGREEMENT The term of this Agreement shall begin on the Effective Date set forth above and shall continue for a period of one (1) yearfrom such date, subject to any early termination as provided herein. If this Agreement is not terminated during the first one -year term, the City will have the option to renew the Agreement for four (4) additional one (1) year periods. Article II. SERVICES. From time to time, Owner may request Contractor to provide emergency response, disaster restoration, remediation, recovery service, reconstruction, and related services on an as needed basis (the “Services”). Upon execution of a work authorization in the form attached to this Agreement as Exhibit A, or a similar work authorization, purchase order, or similar document identifying the scope of Services to be This Master Service Agreement (this “Agreement”) is made and entered into on (the “Effective Date”) between City of Clearwater, a municipality 33756100 S Myrtle Ave, Clearwater, FL 33756 Docusign Envelope ID: 6C8711ED-D6CC-417E-AEAE-4C67E82C70BF 2 (rev. 4.2022) performed, the price to be paid for completion of the Services (identifying whether the contract sum is for a stipulated sum or according to BELFOR’s most recent National Rate and Material Schedule—the pricing to be agreed to at the time of the loss), and the schedule (if any) for the completion of the Services signed by both parties (“Work Order”), Owner authorizes Contractor to perform the Services identified therein at Owner’s property(ies) subject to the terms of this Agreement. The parties’ agreement to a Work Order is expressly limited to the terms and conditions contained in this Agreement. If prior to signing such Work Order, Contractor commences any work or performs any service covered by the Work Order, such work, material, or service shall be governed by such Work Order and this Agreement. Any inconsistent and/or additional terms and conditions of Owner submitted in acknowledging a Work Order or in releases, invoices, or other documents shall not apply to such Work Order and will be rendered null, void, and of no force or effect. Article III. CONTRACTOR'S COMPENSATION 3.1 Contract Sum. Owner shall pay Contractor the Contract Sum in current funds for Contractor’s performance of the Services. The Contract Sum shall be identified on the applicable Work Order as one of the following: (a) Stipulated Sum subject to any change orders, additions, or deductions, as further set forth in the Scope of Work attached to the Work Order; or (b) on a time and material basis according to BELFOR’s then-current National Rate and Material Scheduled used at the time of the loss (the current being attached as Exhibit B). Upon written request, Owner may request a copy of BELFOR’s current rates at any time during the term of this Agreement. Notwithstanding anything to the contrary in this Agreement, during times of heightened inflation and excessive costs in the market, the parties agree that Contractor has the right to add an economic surcharge to the labor, equipment, and material portions of its invoices for Services performed under this Agreement. If applicable, the surcharge percentage may be discussed at the time of a loss or identified in the Work Order. 3.2 Progress Payment Schedule. Unless the parties otherwise agree to a different progress payment schedule in a Work Order, Owner shall pay Contractor no later than 30 days from Owner’s receipt of invoice unless Owner disputes any amount charged in writing and the dispute is grounded in good faith and reasonable judgment. If Owner disputes any amount within an invoice, then Owner shall pay all undisputed amounts within 30 days from receipt of invoice and shall provide to Contractor, in writing, an explanation of the disputed amount with all supporting documents within 21 days from Owner's receipt of the disputed invoice or from receipt of any written dispute from Owner's insurance carrier, whichever occurs first. If Owner fails to do so, Owner must pay the entire invoice in full. Further, Owner’s final payment or failure to provide written notice of a disputed amount to Contractor within 30 days of receipt of the final invoice shall result in an absolute waiver of Owner’s right to dispute any amounts under any invoice. Owner agrees that it shall only assert disputes grounded in good faith and reasonable judgment. Owner shall not withhold payment of any undisputed amount payable by reason of any dispute. Invoices not paid when due will accrue interest from the due date until paid at the rate of 1.5% per month (or the maximum amount allowed under law). Contractor reserves the right, in its sole discretion, to suspend the Services or terminate this Agreement or any Work Order if an invoice remains unpaid for more than fifteen (15) days. 3.3 Adjustments to Contract Sum. It is understood that the Services may be subject to change due to unknown factors, those changes may result in a change order, revised estimate, additional scope or a Docusign Envelope ID: 6C8711ED-D6CC-417E-AEAE-4C67E82C70BF 3 (rev. 4.2022) supplement which may increase price and scope of the project. 3.4 Application of Prevailing Wage Determinations. Contractor will comply with the Fair Labor Standards Act and any applicable federal or State minimum wage laws during the performance of the Services. Owner warrants and represents that it is not subject to, nor is it receiving funds subject to, prevailing wage determinations under federal laws, such as the Davis-Bacon Act or the Service Contract Act, or under any similar or like State laws. Owner further acknowledges and represents that it has not provided Contractor with any federal or State prevailing wage determinations. Should Owner or Contractor subsequently be notified that the Services are subject to prevailing wage determinations, Owner agrees to issue a written change order to comply with the applicable prevailing wage determination(s), plus a standard mark-up for overhead and profit. Owner further agrees to pay and indemnify Contractor for any and all penalties a State or Federal agency may assess under prevailing wage laws. Should Owner and Contractor disagree on the applicable prevailing wage rate(s), the Owner agrees to pay the amount determined by the State or Federal agency or the amount listed by the United States Department of Labor in its wage determination for the applicable classification in the appropriate jurisdiction or the appropriate similar/like State wage determination, whichever is higher and necessary to comply with the law. 3.5 Payment Source. Owner understands and agrees to pay Contractor the Contract Sum provided in the applicable Work Order, along with any adjustments and amounts owed under this Article 3 regardless of whether Owner receives funds from its insurer(s), local government, State government, the federal government, or any government agency, grant, charitable organization or third-party. Owner’s payment to Contractor for the Contract Sum, along with any adjustments and amounts owed under Article 3 shall not be contingent, dependent or conditioned on Owner’s insurer(s), local government, State government, the federal government, or any government agency, grant, charitable organization or third-party. 3.6 Assignment of Insurance Proceeds. For insurance covered Services, the Owner assigns to Contractor its right, title and interest all insurance proceeds to the extent required to cover payment for work performed under a Work Order. Notwithstanding the previous sentence, the Owner is ultimately liable for any charges for work performed under this Agreement. This section does not apply to any Services performed under a Work Order at a property located in the states of Florida, Nebraska, and Kansas. For Services performed at a property located in any of those three states, Owner instead shall execute a Direct Pay Authorization upon Contractor’s request and shall send an executed copy of that Authorization to its insurance carrier(s) no later than 5 days after the execution of a Work Order. By executing a Direct Pay Authorization, Owner authorizes and directs the insurance carrier(s) to pay and deliver all amounts owed for the Services directly and exclusively to Contractor. 3.7 Insurance Checks and Drafts. For insurance covered Services, Owner authorizes and directs its insurance carrier to name BELFOR USA Group, Inc. as a payee on all insurance checks or drafts for all insurance work and materials furnished by BELFOR. Owner shall endorse and tender to BELFOR all checks or drafts from the Owner’s insurance carrier or mortgage company for BELFOR’s Services under a Work Order. Docusign Envelope ID: 6C8711ED-D6CC-417E-AEAE-4C67E82C70BF 4 (rev. 4.2022) Article IV. WARRANTY; WARRANTY EXCLUSIONS 4.1 Reconstruction. For reconstruction projects, Contractor hereby warrants to Owner that that all labor, installation, materials, and equipment used or incorporated into the Services will be installed in a good and workmanlike manner free from defects in workmanship and that the Services will conform with the requirements of this Agreement, industry standards, and all applicable codes. The preceding warranty shall start on the date of the project’s substantial completion and continue for one (1) year. Contractor’s warranty excludes, without limitation, damage or defect caused by abuse, modifications not executed by Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear and regular usage. All warranties are non-transferable and contingent upon full payment to Contractor. If the manufacturer warrants any goods or materials provided by Contractor in the performance of the Services, Contractor shall make every effort to transfer to Owner all such warranties (and deliver all documents evidencing such warranties). All claims regarding the materials or equipment must be made directly with the manufacturer of the material or equipment. 4.2 Emergency Services, Remediation, Abatement, and Dewatering Exclusions. Contractor does not provide an express nor an implied warranty for emergency services, dewatering work, mold remediation, or abatement services, and disclaims the implied warranties for workmanlike construction, habitability, fitness for a particular purpose, and merchantability, though this disclaimer does not excuse Contractor from its obligation to perform such Services in a good and workmanlike manner under the circumstances and pursuant to industry standards. 4.2.2 For dewatering work, Contractor’s work is complete upon obtaining acceptable moisture levels with such test results subject to current industry standards and local environmental conditions. 4.2.3 For remediation and abatement services, Owner understands that the presence of mold or other hazardous materials may not be apparent from Contractor’s visual inspection and that Contractor recommends Owner follows industry standards by retaining an industrial hygienist. For remediation and abatement services performed under the protocols, guidance, or direction of an industrial hygienist, Contractor’s work is complete upon clearance of the work by an industrial hygienist; and Contractor will have no subsequent liability for future mold growth or presence of other hazardous materials discovered after the industrial hygienist has determined that Contractor has accomplished the goals of the remediation or abatement work or has otherwise approved Contractor’s remedial work, orally or in writing. Owner agrees to pursue any such claim solely against the industrial hygienist or other responsible parties. Owner shall produce a copy of the Industrial Hygienist report to Contractor. If the Owner does not agree to perform and pay for remediation or abatement services to current industry standards, which include clearance testing by an industrial hygienist, Owner assumes all risks and liabilities and shall defend, indemnify, and hold harmless Contractor for any and all claims that the mold or hazardous materials were not fully remediated; the Property was not safe for occupation; personal injury, death, property damage, and any other claims arising out of Owner’s decision to not retain an industrial hygienist or requests for Contactor to perform the remediation or abatement work against industry standards. Docusign Envelope ID: 6C8711ED-D6CC-417E-AEAE-4C67E82C70BF 5 (rev. 4.2022) Article V. STANDARDS OF PERFORMANCE 5.1 Industry Standards. Contractor shall perform the Services in accordance with industry standards established by those engaged in a business practicing in the same or similar locality under the same or similar circumstances as Contractor. 5.2 Equipment, Supplies and Expenses. Contractor shall provide all equipment and supplies to properly perform the Services, and shall pay for all material, labor, sales taxes, salaries, federal and provincial employment taxes, and any similar payroll taxes relating to employees of Contractor incurred in the performance of the Services. 5.3 Licenses. Contractor shall obtain at its own cost all licenses (including professional licenses), permits, certificates and authorizations necessary for Contractor to do business in all jurisdictions where any part of the Services are to be performed. Contractor shall also obtain all licenses, permits, certificates and authorizations necessary in connection with Contractor’s performance of the Services, and give all notices required under applicable law. 5.4 Supervisor. When required by Owner, Contractor shall provide a competent and well trained on- site supervisor for performance of the Services. 5.5 Waste Removal. Contractor shall keep the Property free from accumulation of waste materials or rubbish caused by Contractor's operations. 5.6 Owner’s Separate Contractors. In the event that Contractor’s Services depends upon the proper and timely execution of the work of Owner’s separate contractors, Contractor may rely upon the work of such separate contractor for fitness and suitability to accept and incorporate Contractor’s Services. Contractor shall not be responsible for the any cost of time impacts arising out of defects in the work of Owner’s separate contractors to the extent such defects were not reasonably discoverable upon a cursory visual inspection. 5.7 Site Conditions. The parties acknowledge that Contractor has little opportunity to perform other than a visual inspection of the site prior to commencement of Services pursuant to a Work Order; accordingly, Contractor shall not assume the risk of site conditions that are not reasonably discoverable during such inspection. Contractor shall immediately notify the Owner upon encountering a concealed or otherwise unknown condition that may increase Contractor’s time of cost to perform, under no circumstances beyond three (3) business days from encountering such condition. Article VI. COMPLIANCE 6.1 Compliance with Laws. Contractor shall comply with all applicable provincial and federal laws in performing the Services. Contractor shall not take, and is not authorized to take, any action in the name of or on behalf of Owner (or Owner’s agent), or which would violate any applicable law. 6.2 Non-Discrimination. Contractor shall not permit any discrimination against or segregation of any person or group of persons in connection with the performance of this Agreement on account of sex, disability, marital status, age, race, religion, color, creed, national origin or ancestry, sexual orientation or Docusign Envelope ID: 6C8711ED-D6CC-417E-AEAE-4C67E82C70BF 6 (rev. 4.2022) gender identity or any other protected characteristic in accordance with applicable law. Article VIII. INSURANCE Upon request by Owner, Contractor shall provide Owner with a Certificate evidencing that it has obtained insurance satisfying all requirements as set forth below. The following policies and coverages shall be furnished by Contractor: Commercial General and Umbrella Liability Insurance: Contractor shall maintain commercial general liability (CGL) coverage, with $2,000,000 per occurrence, and $4,000,000 in the annual aggregate. CGL insurance shall be written on Insurance Services Office form CG 00 01 (or a substitute form providing equivalent coverage) and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury, contractual liability, broad form property damage liability, products and completed operations coverage and X,C,U (explosion, collapse, underground) hazards. Business Auto Insurance: Contractor shall maintain business auto liability with $1,000,000 combined single limit per accident for bodily injury and property damage, without annual aggregate. Defense costs shall be in addition to the limit of liability. Coverage shall apply to any automobile owned, hired and non- owned. Workers’ Compensation and Employees Liability Insurance: Contractor shall maintain worker’s compensation insurance as required by the state in which the work is being performed and Employer’s Liability Insurance in the amount of $1,000,000 per accident for bodily injury or disease. The General Liability and Automobile Liability policies shall contain, or be endorsed to contain the following provisions: “Owner” and other insureds mentioned in this Article 8 shall be included as Additional Insured and Certificate holder as respects the Commercial General Liability Insurance and Business Automobile Liability Insurance. This shall apply to claims, costs, injuries or damages. Owner and other insureds mentioned in Article 8 shall not, be reason of their inclusion as insureds, become liable for any payment of premiums to carriers for such insurance coverage. For any claims related to this Project, Contractor’s insurance coverage or subcontractors (if applicable) shall be primary insurance as respects Owner, its partners, principals, officers, directors, agents, employees, representatives, and insurers. Any insurance or self-insurance maintained by Owner shall be excess of Contractor’s insurance and shall not contribute to it. All insurance policies provided under this Agreement shall be endorsed to state that coverage shall not be canceled except after prior written notice has been given to Owner. Article IX. INDEMNIFICATION 9.1 Indemnification by Contractor. To the fullest extent permitted by law, Contractor shall indemnify Docusign Envelope ID: 6C8711ED-D6CC-417E-AEAE-4C67E82C70BF 7 (rev. 4.2022) and hold harmless the Owner, and the Owner’s representatives, and employees, from all claims for bodily injury, death, and property damage (including reasonable attorney fees and court costs) to the extent caused by the negligent acts or omissions of Contractor, its subcontractors, or anyone employed by either one of them for whose acts they may be liable. Contractor shall be entitled to reimbursement of any defense costs paid above Contractor’s percentage of liability for the underlying claim. 9.2 Environmental Hazards; Indemnification. i)Contractor is responsible for compliance with the requirements of the contract documents regarding hazardous materials or substances. If Contractor encounters a hazardous material or substance not addressed in the contract documents, and if reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance, including but not limited to asbestos or polychlorinated biphenyl (PCB), encountered on the site by Contractor, Contractor shall, upon recognizing the condition, immediately stop work in the affected area and notify the Owner of the condition. When the material or substance has been rendered harmless, work in the affected area shall resume upon written agreement of the Owner and Contractor. By change order, the contract time shall be extended appropriately, and the Contract Sum shall be increased for costs of a shutdown, delay, and start-up. Article X. TERMINATION Termination upon Notice. Either party may terminate this Agreement, at any time, and for any or no reason whatsoever, by giving the other party not less than 30 days advance written notice of same, which notice shall specify the effective date of early termination. Contractor shall receive compensation for all Services performed through the effective date of early termination. Owner shall pay Contractor for Services executed; and costs incurred because of the termination by Owner, including Contractor’s documented demobilization costs and costs attributable to the termination of the Contractor’s subcontracts. Article XI. ASSIGNMENT AND SUBCONTRACTING 11.1 Assignment. The parties shall not assign or transfer this Agreement, any Work Order, or any of their obligations arising hereunder to any third party without the written consent of the other party, except Contractor may assign its rights, obligations, and/or duties to its subsidiaries, affiliates, or other owned companies. Any unauthorized assignment or transfer without said consent shall be null and void. 11.2 Subcontracts. Contractor may utilize any subcontractor in connection with providing the Services; provided that Contractor’s use of any subcontractor shall in no way relieve Contractor of any of its obligations or liabilities under this Agreement. Article XII. CHANGE IN THE WORK By appropriate Change Order (“Change Order”) signed by both parties, changes in the Services may be Docusign Envelope ID: 6C8711ED-D6CC-417E-AEAE-4C67E82C70BF 8 (rev. 4.2022) accomplished after execution of this Agreement or an applicable Work Order. Owner, without invalidating the Agreement or Work Order, may order changes in the Services within the general scope of the Agreement consisting of additions, deletions or other revisions, with the Contract Sum and contract time being adjusted accordingly. Such changes in the Services shall be authorized by written Change Order signed by the Owner and Contractor. Adjustments in the Contract Sum and contract time resulting from a change in the Services shall be determined by mutual agreement of the parties, by the Contractor’s cost of labor, material, equipment, and reasonable overhead and profit, unless the parties agree on another method for determining the cost or credit. Article XIII. RELEASES Owner releases Contractor from: (a)work limitations or policy defenses imposed by Owner’s insurer and for work not performed due to the refusal of Owner’s insurance company to pay for it. (b)claims caused by any environmental consultant or industrial hygienist for re-growth after "clearance" is obtained from an environmental consultant or industrial hygienist or due to un- remediated pre-existing conditions. (c)performing mold remediation not specifically described and included in an approved scope of work. (d)damage to Owner’s personal property. Owner is responsible for removing and declaring, in writing, Owner’s personal property before Contractor begins any work at the Property. Owner waives any content damage or theft claims against Contractor for any property not removed by Owner. Article XIV. NOTICES Any information or notices required to be given under this Agreement must be in writing and delivered either by: (i) certified mail, return receipt requested, in which case notice will be deemed delivered three (3) business days after deposit, postage prepaid; (ii) a reputable messenger service or a nationally recognized overnight courier, in which case notice will be deemed delivered one (1) business day after deposit with such messenger or courier; or (iii) personal delivery with receipt acknowledged in writing, in which case notice will be deemed delivered when received. All notices should be addressed as follows: For the Owner: For the Contractor: [Fill in name of Owner] BELFOR USA Group, Inc. 185 Oakland Ave., Ste 150 [Fill in address] Birmingham, MI 48009 Attn: Attn: General Counsel The foregoing addresses may be changed from time to time by notice to the other party in the manner set forth above. Article XV. MISCELLANEOUS Docusign Envelope ID: 6C8711ED-D6CC-417E-AEAE-4C67E82C70BF 9 (rev. 4.2022) 15.1 Independent Parties. The Contractor is an independent contractor and not an employee of the Owner. Nothing in this Agreement shall be interpreted as creating any joint venture, partnership, joint tenancy, agency or other similar legal relationship between Owner and Contractor, or as creating any contractual obligation, whether direct, indirect or third party beneficiary, on the part of Owner to any subcontractor. 15.2 Force Majeure. Any delay or failure by either party in the performance of its obligations shall not constitute a default or give rise to any claim for damages if, and only to the extent and for such period of time that; (i) such delay or failure is caused by an event or occurrence beyond the control and without the fault or negligence of such party or any subcontractor, supplier, or other party acting under or through such party; and (ii) said party is unable to prevent such delay or failure through the exercise of reasonable diligence. Events that shall be deemed to be beyond the control of the parties hereto shall include, but not be limited to: acts of nature or the public enemy; expropriation or confiscation of facilities by governmental or military authorities; changes in laws; labor and/or material shortages; pandemics; war, acts of terrorism, rebellion, sabotage or riots; floods, unusually severe weather that could not reasonably have been anticipated; fires, explosions, or other catastrophes; or other similar occurrences. 15.3 Audit. Contractor will keep proper records relating to the Services, including data and records of disbursements relating to labor and costs for services rendered on a time and materials basis for a reasonable time period. Contractor shall also keep records required for regulatory and other legal requirements applicable to the Services. Upon reasonable advance written notice and during normal work days and hours, Owner at its own cost and expense, shall have the right to audit records specific to each project performed by Contractor. Owner understands that Contractor will maintain job records for a period of no more than three years. Should Owner desire to maintain records for a longer period, Owner shall request copies from Contractor and agrees to pay the costs associated with such preservation or copies. 15.4 No Waiver. Failure of either party at any time to require performance by the other party of any provision hereof shall in no way affect the full right to require such performance at any time thereafter, nor shall the waiver by a party of a breach of any of the provisions hereof constitute a waiver of any succeeding breach of the same or any other provision. 15.5 Severability. If any provision hereof is deemed to be invalid or unenforceable under applicable law, this Agreement shall be considered divisible as to such provision and such provision shall thereafter be inoperative, provided however, the remaining provisions of this Agreement shall be valid and binding. 15.6 Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State where the Property is located. 15.7 Jurisdiction of Services. The scope of the Services to be performed under this Agreement is limited to Owner’s locations in the United States. Any requests for work to be performed outside of the United States would require Owner to enter into a separate country-specific contract. 15.8 Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the Services and supersedes all prior negotiations, representations or agreements Docusign Envelope ID: 6C8711ED-D6CC-417E-AEAE-4C67E82C70BF 10 (rev. 4.2022) relating thereto either written or oral, except to the extent that they are expressly incorporated herein. All exhibits and attachments hereto are incorporated into and made a part of this Agreement. Unless otherwise expressly provided herein, no changes, alterations or modifications to this Agreement shall be effective unless in writing and signed by the respective parties hereto. OWNER: BELFOR USA Group, Inc. By: By: Name: Name: Title: Title: Rachel Manos General Counsel Docusign Envelope ID: 6C8711ED-D6CC-417E-AEAE-4C67E82C70BF Exhibit A WORK AUTHORIZATION Work Authorization # . Date: . This Work Authorization is issued pursuant to the Master Services Agreement between BELFOR USA Group, Inc. (“Contractor” or “BELFOR”) and (“Owner”) dated _____________________ (“Agreement”). All Services will be delivered in accordance with the terms and conditions set forth in the Agreement, with such terms and conditions being incorporated herein by reference with the same force and effect as if the full text was presented in its entirety. Owner: Owner’s Agent or Authorized Representative: Service Provider: BELFOR USA Group, Inc. Contract Sum (check the appropriate box): The Contract Sum shall be one of the following: [ « » ] Stipulated Sum in the amount of $ _, subject to any change orders, additions, or deductions, and as further set forth in the Scope of Work attached as Attachment 1 hereto. [ « » ] BELFOR’S current National Rate and Material Schedule in use at the time of the loss. Payment Schedule (if different than the Contract): Project Address: Estimated Commencement Date: Estimated Date of Substantial Completion (if applicable): Short Description of the Services: Attachments: Attachment 1-Scope of Work (attach if applicable) OWNER BELFOR USA Group, Inc. By: Name: Title: Date: License No. By: Name: Title: Date: Docusign Envelope ID: 6C8711ED-D6CC-417E-AEAE-4C67E82C70BF ATTACHMENT 1-SCOPE OF WORK Attach or describe in detail the work to be performed. Docusign Envelope ID: 6C8711ED-D6CC-417E-AEAE-4C67E82C70BF RATE AND MATERIALS SCHEDULE FOR INVOICING (Exhibit B) Effective Date: January 2024 § I. CODE REGULAR RATE / HR APM Assistant Project Manager $ 80.00 PM Project Manager $ 119.00 PE Project Estimator $ 129.00 SPM Senior Project Manager $ 146.00 PC Project Coordinator $ 178.00 GL General Labor $ 50.50 AA Administrative Assistant $ 53.00 LF Labor Foreman $ 61.00 MS Mobilization Support $ 53.00 TD Truck Driver $ 57.00 DMT Demolition Technician $ 57.00 RCO Resource Coordinator (Supply Technician) $ 59.00 PA Project Auditor (Documentation Clerk) $ 65.00 EO Equipment Operator $ 68.00 HSO Health & Safety Officer $ 101.00 RT Restoration Technician $ 68.50 RS Restoration Supervisor $ 75.50 DT Dehumidification Technician $ 77.00 MT Mold Technician (Remediation Technician or Supervisor) $ 77.00 PT Painter $ 85.50 DP Drywall Installer/Finisher $ 92.50 CR Carpenter (Framer/Finish) $ 98.50 TF Trade Foreman (Commercial Supervision) $ 103.25 (Dehumidification, Documents/Media, Electronics, HVAC, Machinery, Mold) TN Technician $ 83.00 TS Technical Specialist $ 91.00 TL Team Leader $ 105.00 TMR Technician, Machinery Rebuild $ 112.00 DTA Decon Technician Assistant $ 77.00 DC Decon Technician $ 91.00 DTL Decon Team Leader $ 105.00 DE Decon Engineer $ 181.00 HT Hazmat/Asbestos Technician $ 89.00 HLT Hazmat/Asbestos Lead Technician $ 98.00 HEO Hazmat/Asbestos Equipment Operator $ 110.00 HS Hazmat/Asbestos Supervisor $ 119.00 HPM Hazmat/Asbestos Project Manager $ 140.00 CVP President & Vice President $ 275.00 CSC Senior Consultant $ 225.00 CCE Consultant / Consulting Estimator $ 195.00 CWP Clerk of the Works-Production Person $ 120.00 CAD Administrative $ 75.00 COC Outside Consultants Actual Billing + 10% CLG Deposition, Legal Work, & Court Testimony see section I.IV Consulting Expenses 400.00$ CFE Appraisal & Umpire fees 350.00$ § I.II CONSULTING SERVICES: RATES AND INVOICE CONDITIONS ITEMIZED SCHEDULED LABOR CLASSIFICATIONS PROJECT MANAGEMENT:1,3 GENERAL CLASSIFICATIONS:1,2,3 RESTORATION SERVICES (General):1,2,3 RECONSTRUCTION SERVICES:1,2,3 TECHNICAL SERVICES:1,2,3 SEMICONDUCTOR SERVICES:1,2,3 ENVIRONMENTAL SERVICES:1,2,3 1 In New York City, Cape Cod, Martha's Vineyard, Nantucket, AK, HI, Latin America, and the Caribbean, a multiplier of 1.35 will be applied to the regular hourly rate. Note: The NYC rate applies to a seventy five mile radius from the borough of Manhattan and all of Long Island. 2 In the states of CA, OR, and WA a multiplier of 1.25 will be applied to the regular hourly rate. 3 Work performed in the Washington D.C. Metropolitan area is entitled to an additional 5% markup that will be applied to the total of all scheduled labor, scheduled equipment, scheduled consumables and 5% will be added to the markup for all vendors, unscheduled equipment, unscheduled material invoices. LABOR CALCULATION POLICY The guidelines for labor invoicing are as follows: The first eight hours worked on any scheduled shift Monday through Friday will be charged at the regular hourly rate. Any hours worked in excess of eight hours on any scheduled shift Monday through Friday will be charged at 1.5 times the regular hourly rate. All hours worked on Saturday and Sunday will be at 1.5 times the regular hourly rate. All hours worked on Holidays (see §I.III Item 4 for recognized holidays) will be charged at 2 times the regular hourly rate. OT applies to all labor classifications regardless if salary or hourly. After Hours Emergency Services: In the event that BELFOR personnel are required for emergency services after normal BELFOR business hours (Weekdays 5:00 p.m.-7:00 a.m.), 1.5 times the regular hourly rate will be charged. v1-1 Rate and Materials (Standard)Page 1 of 4 BELFOR Initial:_________ Customer Initial:_________ Docusign Envelope ID: 6C8711ED-D6CC-417E-AEAE-4C67E82C70BF RATE AND MATERIALS SCHEDULE FOR INVOICING (Exhibit B) Effective Date: January 2024 § I. § I.III § I.IV 1). Reproduction of actual drawings at $4.50 per SF 2). Automobile mileage at IRS approved rate 3). Tolls at cost with receipts over $25.00 4). Photocopies at $0.15 per page 5). Color copying at $1.50 per page or actual cost if Kinko's or other service 6). Airfare, hotels, rental car rates and other travel expenses are billed at cost + 15% 7). Daily per diem rate at $65.00 a day/based on (8) hour day Note: *Fees for deposition and trial appearances are for a minimum four hours @ $400/hr for all consultants § II. § III. § IV. § V. § VI. § VII. § VIII. 3). National holidays recognized by BELFOR for rate (not payroll) purposes are New Years Day, Memorial Day, Independence Day, Labor Day, Thanksgiving, and Christmas. RATES AND INVOICE CONDITIONS LABOR CONSIDERATIONS 1). Work performed under a particular contract that is subject to Federal and State wage and hour laws, prevailing wages, and/or collective bargaining agreements may require negotiated changes to the above stated rates. If necessary, adjustments will be made to the hourly rates and other labor provisions. 2). When circumstances beyond our control require BELFOR personnel to stand-by at the job site, a minimum stand-by charge of 6 hours at the regular hourly rate (no overtime) will be charged. 3). BELFOR reserves the right to change the unit rate of scheduled consumables affected by market conditions. 4). The hourly Scheduled Labor rates will be charged portal to portal for all BELFOR personnel, labor subcontractors, and subcontractors fulfilling any Labor Classifications. 5). If a meeting is requested by the client that involves travel BELFOR will bill for travel expenses at documented cost plus 15%. Labor hours will be charged at the applicable Rate Classification CONSULTING EXPENSES SCHEDULED EQUIPMENT CHARGES (see § II.I Itemized Scheduled Equipment) 1). The Daily Rental Rate is charged for each calendar day equipment is utilized on a project, whether a partial day or complete day. 2). Small Tools Charge: Items such as shovels, ladders, demolition carts, extension cords, small hand tools, etc..., which are provided by BELFOR but are not included in the Scheduled Equipment list will be charged at 3% of total labor charges for all hands-on personnel (EO, GL, LF, RT, RS, DTA, DC, DTL, DMT, DT, MT, PT, DP, CR, TN, TS, HT, HLT, HEO). Any specialty items purchased for a project may be charged as per Section IV. 3). The Safety Equipment Packages (Personal Protection Equipment - PPE, Personal Fall Protection - PFP, and Personal Respiratory Protection - PRP) are inclusive of the reusable components of each package as well as any training, medical, or certification expenses related to their use. They do not include the disposable items within the Scheduled Consumables list. 4). During the course of performance of the work BELFOR may add additional equipment to the schedule. SCHEDULED CONSUMABLES (see § III.I Itemized Scheduled Consumables) 1). Any scheduled consumables purchased locally where the unit price exceeds 80% of the rate, the item will be invoiced at documented cost plus 25% mark-up 2). During the course of performance of the work BELFOR may add additional consumables to the Rate Schedule. Freeze drying charges will range from $55 to $95 per cubic foot based on the volume of documents to be dried, the type of document (bound or loose paper), and the moisture saturation. 4). Scheduled consumables are charged on a "per unit" basis whether consumed by the unit or not. VENDORS, UNSCHEDULED MATERIALS & UNSCHEDULED EQUIPMENT 1). 25% mark-up will be added to the total of all documented costs for Unscheduled Materials, Unscheduled Equipment, and Subcontractors / Vendors (including DUCTZ HVAC and BELFOR Environmental Services) who are not fulfilling a scheduled Labor Classification. REIMBURSABLES 1). 25% mark-up will be added to the total of all reimbursables. 2). Standard per diem rates are $59 per person per day (2023 GSA base rate). The 1.35 multiplier will be applied for NYC, Cape Cod, Martha's Vineyard, Nantucket, AK, HI, Latin America, and the Caribbean ($79.65). The 1.25 multiplier will be applied for CA, OR and WA ($73.75). Per Diem will be charged for all traveling personnel in § I. Itemized Scheduled Labor Classification. BELFOR charges this daily rate whether the per diem is paid directly to the person, is charged to BELFOR as a separate charge, or is included with other compensation considerations. For multiple jobs on a single day, per diem will be prorated accordingly. 3). Per Diem reimbursement is subject to certain limitations regarding deductibility governed by the Internal Revenue Service, Code of 1986, Section 274(n)(1). Please consult your tax advisor on the appropriate treatment of these costs on your project as it is our policy that any deductibility limitation for income tax purposes is the responsibility of the customer. 4). BELFOR shall be reimbursed for travel expenses (airfare, lodging, rental cars, per diem) for personnel at documented costs plus markup (see item 1). 5). Lodging will be charged in accordance with the published GSA lodging allowance in effect at the time of the stay (https://www.gsa.gov/travel/plan- book/per-diem-rates/) plus applicable fees and taxes. As is the case with the Federal Travel Regulations, actual expense reimbursement is allowed when the lodging allowance is insufficient to meet the necessary expenses. 6). An optional methodology for lodging charges is to apply a lodging allowance as follows: Lodging may be charged at the average nightly rate of up to three hotels that house project personnel (BELFOR and/or subcontractors). The full average nightly rate will be charged for single occupancy and 50% of the average nightly rate per person will be charged for double occupancy. DOCUMENT DRYING AND RECOVERY SERVICES BILLING AND PAYMENT 1). Invoices generated in accordance with the BELFOR Rate and Materials Schedule will be submitted periodically for work that has been performed. As such, all invoices are due and payable upon receipt and will be considered late 30 days after receipt of the invoice. If there are any disputed charges on any invoice these should be clearly identified in writing within 30 days and an additional 30 days will be allowed to resolve disputed charges. Interest charges will begin to accrue after 30 days for undisputed charges and after 60 days for the disputed charges at the rate of: 1) 1% per month or 2) as specified in the terms and conditions of the applicable contract. The rates contained in this exhibit are exclusive of federal, state and local sales or use taxes and the costs associated with any applicable federal, state or local approvals, consents, permits, licenses and orders incident to performance of the work. The above rates represent the charges for freeze drying only. Labor, equipment, materials and other document treatments performed will be billed in accordance with the rates herein and any project specific quotations. Other recovery service charges will be determined per job, based on the following relevant factors: * Nature of Damage * Degree of soot/char * Intended Use of Document * Moisture Saturation * Mold Contamination * Odor Because the type and level of contamination may vary so greatly and thus affect the resultant recovery protocol required, these additional services will be quoted after examining a sample of the affected documents. CAT CONSIDERATIONS (Based on Property Claim Services assigning a CAT Serial Number) 1). A 6% fee will be added to the total of each invoice. This fee will cover all of the indirect charges that must be allocated to each job in the CAT. Examples of these charges would be CAT management, CAT office, admin support, warehousing, etc... 2). All charges for billing portals and for credit card payments will be passed on to the client at documented cost. v1-1 Rate and Materials (Standard)Page 2 of 4 BELFOR Initial:_________ Customer Initial:_________ Docusign Envelope ID: 6C8711ED-D6CC-417E-AEAE-4C67E82C70BF RATE AND MATERIALS SCHEDULE FOR INVOICING (Exhibit B) Effective Date: January 2024 § II.I EQUIPMENT DESCRIPTION UNIT RATE EQUIPMENT DESCRIPTION UNIT RATE AIR MOVERS/COMPRESSORS/ACCESSORIES TRUCKS, VEHICLES, TRAILERS (rate does not include fuel) Air compressor, gas/electric Ea / Day 45.00$ BELFOR Command Center Ea / Day 605.00$ Air compressor, tow behind 185 / 375 CFM Ea / Day 333.00$ Forklift, Warehouse Ea / Day 95.00$ Air movers/carpet blowers/Axial fans Ea / Day 36.00$ Mobile Office Ea / Day 79.00$ Octidry Bag or Direct it In (attachment)Ea / Day 36.00$ Mobile Warehouse (Trailer Only)Ea / Day 188.00$ Injectidry Unit Ea / Day 158.00$ Pallet Jack Ea / Day 27.00$ Manometer Ea / Day 100.00$ Trailer, Freezer Ea / Day 182.00$ Truck, Dump Service (Pickup Truck)Ea / Day 116.00$ BLAST/POWER WASH UNITS Truck, Dump-Trip Charge Ea / Day 182.00$ Blasting Unit, Agri/Soda Ea / Day 784.00$ Truck, Moving/Box/Board up Ea / Day 188.00$ Dry Ice Blaster w/Accessories Ea / Day 1,178.00$ Truck (Cab) or Trailer (Flatbed, Transfer, etc)Ea / Day 151.00$ Soda Blaster Ea / Day 1,169.00$ Vehicle, Pickup, SUV or Car Ea / Day 84.00$ Washer, High Pressure (cold)Ea / Day 196.00$ Vehicle, Truck 1 Ton 4x4 Lift gate Ea / Day 200.00$ Washer, High Pressure (hot)Ea / Day 246.00$ Vehicle, Van (1 per 10 Passenger or Cargo)Ea / Day 156.00$ CLEANING/VACUUMS/EXTRACTION DUMPSTERS & STORAGE Buffer, Floor Ea / Day 95.00$ Dumpster, 20 yd (max weight 4 Tons)Per Load 666.00$ Carpet Cleaning Machine Ea / Day 91.00$ Dumpster, 30 yd (max weight 6 Tons)Per Load 847.00$ Dry Cleaning Unit (portable)Ea / Day 173.00$ Dumpster, 40 yd (max weight 8 Tons)Per Load 1,029.00$ Extraction Unit (portable)Ea / Day 188.00$ BELFOR Pods 8'x7' 12' x 7'Per Month 285.00$ Extraction Unit (Truck or Trailer mount)Ea / Day 680.00$ BELFOR Pods (set up & breakdown)Per Pod 363.00$ Floor cleaning system (ride on)Ea / Day 815.00$ Storage Space / Warehouse CF / Month 0.50$ Floor cleaning system (walk behind)Ea / Day 345.00$ Storage Vaults Per Month 152.00$ HEPA Filtration Unit / Air Scrubber Ea / Day 172.00$ Ion Air Cleaning System Ea / Day 57.00$ ELECTRONICS / MECHANICAL Steam Cleaner (Trailer)Ea / Day 294.00$ Cart, Electronic Decontamination Ea / Day 76.00$ Upholstery Machine/Lady Vac (steam cleaner)Ea / Day 76.00$ Cleaning Room, HEPA filtered Ea / Day 1,184.00$ Vacuum, HEPA Ea / Day 110.00$ Crane, A-Frame (1 ton)Ea / Day 168.00$ Vacuum, Insulation Machine Ea / Day 109.00$ Crane, Overhead (2 Ton, monorail 38 feet)Ea / Day 935.00$ Vacuum, Upright, Wet/Dry or Canister Ea / Day 52.00$ Decon Room Per Project 624.00$ Zip Poles, Set of 6 Ea / Day 33.00$ DI Water System Ea / Day 48.00$ Documentation Kit (digital camera/photo printer)Ea / Day 84.00$ LIGHTS Electrical Test Equipment (Megger, Hi-Pot, Grounding Cables)Ea / Day 498.00$ Light, Balloon Ea / Day 143.00$ Electronic Dehumidification Unit/Heating (KHT)Ea / Day 272.00$ Light, Tower Mobile (400 WT diesel)Ea / Day 208.00$ Gas Detector, ATI PortaSens II Ea / Day 371.00$ Light, Wobble (37 inches)Ea / Day 73.00$ HEPA Filtered Hood Ea / Day 187.00$ HEPA Water Displacement Unit Ea / Day 113.00$ MISC.Oven, Convection Drying (ULT)Ea / Day 529.00$ Heat Gun, Shrink Wrap Ea / Day 91.00$ Oven, Vacuum Drying Ea / Day 754.00$ Ride on Flooring Stripper (includes blades)Ea / Day 1,452.00$ Quality Control Kit, (scientific instruments)Ea / Day 227.00$ Saw, Demo Ea / Day 129.00$ Partical Meter Ea / Day 65.00$ Saw, Kett Ea / Day 43.00$ Reflectoquant Test Device Ea / Day 124.00$ X-Ray Dryer Ea / Day 188.00$ Sealer, Vacuum Ea / Day 330.00$ X-Ray Separation Tank Ea / Day 565.00$ Spray Booth with 2 sinks (portable)Ea / Day 227.00$ Sprayer, Airless H.P. (Wagner)Ea / Day 99.00$ ODOR CONTROL/DISINFECTION Tool Handling Charge Per Project 561.00$ Electrostatic Sprayer Ea / Day 165.00$ Ultrasonic Bath, Portable Ea / Day 393.00$ Fogger, Commercial Ea / Day 136.00$ Ultrasonic Bath, Bench Top Ea / Day 227.00$ Fogger, ULV / Thermal (electric)Ea / Day 48.00$ Ultrasonic Dip Line, Industrial Multi-step Ea / Day 4,072.00$ Ozone Generator Ea / Day 151.00$ Vacuum, Clean Room Ea / Day 187.00$ Smoke Machines (small)Ea / Day 121.00$ Wet Bench (portable)Ea / Day 228.00$ Vapor Shark Ea / Day 48.00$ Workstation (table, chair, lights, ESD)Ea / Day 30.00$ POWER ENVIRONMENTAL Electrical Distribution (120 / 200 Amp Panel)Ea / Day 227.00$ Cascade Breathing Air System Ea / Day 206.00$ Electrical Distribution (Spider Box)Ea / Day 91.00$ Chemical Hose, Hazmat Ea / Day 274.00$ Generator (portable)Ea / Day 151.00$ Confined Space Entry System Ea / Day 250.00$ Spider Box Cables / 50 Amp Ea / Day 65.00$ Decontamination Shower/Filter Ea / Day 175.00$ Jerome Mercury Vapor Analyzer Ea / Day 306.00$ PUMPS Mini-Rae (PID)Ea / Day 218.00$ Pump, Sump / Flood Ea / Day 42.00$ MSA Passport (O2, LEL, CO, H2S)Ea / Day 250.00$ Pump, Trash with Hose, 2"Ea / Day 168.00$ Personal Sample Pump Ea / Day 35.00$ Pump, Diaphragm 2", Hazmat Ea / Day 374.00$ DRYING/TEMP/HUMIDITY CONTROL Self-Contained Breathing Apparatuses (SCBA-30Min)Ea / Day 175.00$ Moisture Meter Ea / Day 25.00$ Trailer, Emergency Response, Hazmat Ea / Day 374.00$ Camera, IR Ea / Day 28.00$ Truck, Guzzler Air Mover Ea / Hr 418.00$ Dehumidification, Dehumidifier -100 to 140 AHAM Pints Ea / Day 175.00$ Truck, Vacuum 80 BBL Ea / Hr 209.00$ Dehumidification, Desiccant -385 cfm Ea / Day 256.00$ Truck, Vacuum, 120 BBL Ea / Hr 253.00$ Dehumidification, Desiccant -500/800 cfm Ea / Day 502.00$ Transfer Hose, per 20 Ea / Day 165.00$ Dehumidification, Desiccant -2000/3000 cfm Ea / Day 907.00$ Dehumidification, Desiccant -5000-7500 cfm Ea / Day 1,647.00$ Construction Dehumidification, Desiccant -10000 / 12000 cfm Ea / Day 2,587.00$ Matterport 3D Camera Ea / Day 155.00$ Dehumidification, Desiccant -15000 cfm Ea / Day 3,880.00$ Temporary Containment Hardwall Lf / Day 4.25$ Dehumidification, Desiccant -25000 cfm Ea / Day 6,468.00$ Dehumidification/Cooling -1 Ton Spot Cooler Ea / Day 196.00$ HVACDehumidification/Cooling -DX Unit -5 / 12 ton Ea / Day 704.00$ HVAC, High Volume Air Agitation System Ea / Day 165.00$ Dehumidification/Cooling -DX Unit -20 / 30 ton Ea / Day 1,568.00$ HVAC, Mobile Resource Unit Ea / Day 245.00$ Dehumidification/Cooling -DX Unit -40 / 50 ton Ea / Day 2,020.00$ HVAC, Power and Manual Hand Tools PP / Day 48.00$ Dehumidification/Cooling -DX Unit -60 / 80 ton Ea / Day 2,471.00$ HVAC, Rotary Brush Duct Cleaning System Ea / Day 85.00$ Dehumidification/Cooling -Chiller 100 to 400 ton Ton / Day 32.00$ HVAC, Service Vehicle / Trailer Combo Ea / Day 210.00$ Dehumidification, Heater -8 / 12 KW Ea / Day 168.00$ HVAC, High CFM HEPA Vacuum Collection System Ea / Day 245.00$ Dehumidification, Heater -20 / 30 KW Ea / Day 194.00$ HVAC Video / Tool Robotic Inspection System Ea / Day 675.00$ Dehumidification, Heater -40 / 60 KW Ea / Day 432.00$ HVAC, Viper Duct Cleaning System Ea / Day 75.00$ Dehumidification, Heater -150 KW Ea / Day 905.00$ HVAC, Dual Head Air Compressor Ea / Day 68.00$ Dehumidification, Heater, Indirect Fired up to 700,000btu + fuel Ea / Day 1,137.00$ HVAC, Laser Particle Meter Ea / Day 425.00$ SAFETYPersonal Fall Protection (PFP) PP / Day 10.00$ Personal Protection Equipment (PPE)PP / Day 6.00$ Personal Respiratory Protection (PRP)PP / Day 10.00$ Respirator, PAPR Ea / Day 100.00$ ITEMIZED SCHEDULED EQUIPMENT 3 The rates contained in this exhibit are exclusive of federal, state and local sales or use taxes and the costs associated with any applicable federal, state or local approvals, consents, permits, licenses and orders incident to performance of the work. v1-1 Rate and Materials (Standard)Page 3 of 4 BELFOR Initial:_________ Customer Initial:_________ Docusign Envelope ID: 6C8711ED-D6CC-417E-AEAE-4C67E82C70BF RATE AND MATERIALS SCHEDULE FOR INVOICING (Exhibit B) Effective Date: January 2024 § III.I CONSUMABLE DESCRIPTION UNIT RATE CONSUMABLE DESCRIPTION UNIT RATE BAGS ELECTRONICS / MECHANICALBags, Environmental Trash Bags Ea.3.60$ BELFOR-AC 14 Alkaline Cleaner 14 Gal 74.00$ Bags, Insulation Machine (Vacuum)Ea.37.00$ BELFOR-AC 12 Alkaline Cleaner 12 Gal 85.00$ Bags, Trash (each)3 mil 1.00$ 6 mil 2.00$ BELFOR-CD 04-C Complex Deruster 04 C Gal 88.00$ CLEANING-GENERAL BELFOR-CD 13 Complex Deruster 13 Gal 139.00$ Disinfectant-Bioesque Gal 63.00$ BELFOR-EC 12 Electronics Cleaner Gal 56.00$ BELFOR-All Natural Citrus Solvent Cleaner Gal 41.00$ BELFOR-ESL Label Protection Lacquer Ounce 21.00$ BELFOR-All Purpose Cleaner Gal 47.00$ BELFOR-FC 10 Energized Cleaner Gal 999.00$ BELFOR-All Purpose Spotter Gal 28.00$ BELFOR-GC General Cleaner Gal 51.00$ BELFOR-Carpet Rinse & Neutralizer 43.5 22.00$ BELFOR-HD 01 Hand Deruster 01 Gal 64.00$ BELFOR-CIF Citrofix Lemon Scent Ounce 1.20$ BELFOR-LP 40 Light Preserver 40 Gal 88.00$ BELFOR-Concentrated Odor Counteractant & Smoke Elim.Gal 37.00$ BELFOR-MPP Metal Polishing Paste Ounce 19.00$ BELFOR-Extra Duty Cleaner Degreaser Gal 49.50$ BELFOR-NC CR Neutral Cleaner CR Gal 149.00$ BELFOR-Glass Cleaner Gal 19.50$ BELFOR-NK One Step Cleaner and Preserver (electrical)Pint 15.00$ BELFOR-Hand Cleaning Wipes Tub 50.00$ BELFOR-OC24 Organic Cleaner 24 Gal 64.00$ BELFOR-Multi-Enzyme Spotter-Deodorizor-Protector Gal 37.00$ BELFOR-OC62 Organic Cleaner 62 Gal 54.00$ BELFOR-Multi-Purpose Restroom Cleaner Gal 17.00$ BELFOR-O-SW Oil Black (Elect. Contacts Only)Ounce 41.00$ BELFOR-Oil Preserver Gal 56.00$ BELFOR-PM Polish Milk Ounce 13.00$ BELFOR-Quarry & Hard Tile Cleaner Gal 21.00$ BELFOR-SD 02 Sulfide Defroster Gal 64.00$ BELFOR-Rug & Upholstery / Traffic & Bonnet Cleaner Gal 31.00$ BELFOR-WP Wax Preserver Gal 95.00$ Adhesive, Remover Can 18.00$ Nitric Acid, Ultra Pure Quart 187.00$ Alcohol, Isopropyl Gal 96.00$ Apron, Chemical Ea.6.60$ Blocks, Odor Counteractant Ea.9.00$ Arm Sleeves, Chemical Ea.4.80$ Boot Covers, Latex Per Pair 13.00$ Arsenic Test Kit Per Test 6.60$ Brush, Scrub Ea.14.00$ Bags, Anti Static Ea.4.80$ Brushes, Pipe Ea.37.00$ Brady Cards Ea.8.80$ Brushes, Wire Small 5.50$ Large 9.00$ Brush, Dispersion (Each)Small 5.50$ Large 17.00$ Cleaner, Stainless Steel Can 19.00$ Brush, Non Conduct Ea.13.00$ Disinfectant, Antimicrobial Gal 62.00$ Chloride Quick Test Strips Ea.1.50$ Fogger, Thermo Deodorizer Gal 43.00$ Cleaning / Decon Sticks Ea.1.70$ Mop Heads Ea.17.00$ Non-Conduct Scrubbers, Green (#7447)Box 34.00$ Pad, Floor Buffer Ea.15.00$ Non-Conduct Scrubbers, Maroon (#96)Box 95.00$ Pad, Foam Scrubbing Pak 63.00$ Non-Conduct Scrubbers, White (#98)Box 57.00$ Sponge, Particulate Removal (1.5"x3"x6")Ea.4.80$ Tape, Clean Room Roll 30.00$ Sponge, Particulate Removal (3/4"x3"x6")Ea.2.40$ Wipes, Lint Free Pak 43.00$ Steel wool Ea.1.30$ Wipes, Presaturated IPA/DI Pak 25.00$ Thinner, Paint/Mineral Spirits Gal 28.00$ Wipes, Standard Clean Room Pak 35.00$ Vapor Shark Membrane Ea.64.00$ Wipes, Ultra Clean Room Pak 75.00$ Wipes, Cotton Cloth/Workshop Rags Lb.6.60$ Wipes, Wipe All Pak 15.00$ ENVIRONMENTAL Asbestos Glove Bag Ea.41.00$ CONTENTS/PACK-OUT/STORAGE Breathing Air, Type K Bottle Ea.67.00$ BELFOR-Fabric Protector Gal 48.00$ Cartridge, MSA Combination Ea.84.50$ BELFOR-Lemon Oil Furniture Polish Gal 6.60$ Protective Suits (Acid)Ea.102.00$ BELFOR-Liquid Laundry Detergent Gal 21.00$ Protective Suits (Level A, fully encapsulating)Ea.1,901.00$ BELFOR-Premium Dish Detergent Quart 7.70$ Protective Suits (PolyPro Asbestos)Ea.10.00$ Boxes, Book Ea.6.60$ Protective Suits (Saranex Chemical)Ea.37.00$ Boxes, Dish Pack Ea.14.75$ Sorbent Boom Ea.81.00$ Boxes, Slip Covers Ea.3.60$ Sorbent Pad Ea.11.50$ Bale 122.00$ Boxes, Wardrobe/Specialty Ea.43.00$ Sorbent Pillows Ea.31.00$ Boxes, 3 cf Ea.9.50$ DRUMS Boxes, 4.5 cf Ea.11.25$ Drum, Steel / Poly Open Top, 55 Gallon Ea.199.00$ Cloths, Masslinn Ea.1.70$ Drum, Poly Overpack, 95 Gallon Ea.283.00$ Foam Blocks Ea.1.70$ Inventory Tags Ea.1.70$ HVAC Packing Paper, per 100 sq ft Roll 23.00$ HVAC Air Blast Nozzle, Replacement Ea.85.00$ Tape, Poly Box Roll 3.60$ HVAC Air Whip, Multi Head, Replacement Ea.92.00$ Wrap, Bubble/Anti Static Roll 102.00$ HVAC Deodorizer 15oz 65.00$ Wrap, Stretch / 18"X 1500ft Roll 72.00$ HVAC Cleaner Degreaser Gal 42.00$ HVAC Closed Cell Foam Insulation Tape 1/8"x2"x30'Roll 42.00$ FILTERS HVAC Coil Cleaner Gal 60.00$ Filter, Charcoal (Carbon Activated)Ea.79.00$ HVAC Collection Machine Filters (Pleated & Bag)Ea.95.00$ Filter, HEPA Ea.279.00$ HVAC Collection Machine HEPA Filter Ea.465.00$ Filter, Pleated Ea.25.00$ HVAC Duct Liner 1" - 3'x100'Roll 625.00$ Filter, Poly (Secondary)Ea.8.80$ HVAC Duct Mastic Gal 42.00$ HVAC Insulation Repair Coating Gal 110.00$ SHEETING/PLASTIC/FLOOR PROTECTION HVAC HEPA Vac Collection Bag & Filter Protector Ea.42.00$ Duct, Lay Flat (500') with hog rings Roll 565.00$ HVAC HEPA Vac Filters (Dacron Filter Bag & Impaction)Ea.75.00$ Plastic Sheeting, 1.5 mil (24 x 200)Roll 53.00$ HVAC HEPA Vac HEPA Filter Ea.410.00$ Plastic Sheeting, 3 mil (20 x 100)Roll 110.00$ HVAC Propane Fill Charge Cylinder 85.00$ Plastic Sheeting, 6 mil (20 x 100)Roll 225.00$ HVAC Rotary Brush Head, Replacement Ea.155.00$ Plastic Sheeting, 6 mil-Fire Retardant / Anti Static (20 x 100)Roll 386.00$ HVAC Rotary Brush System, Replacement Core Ea.85.00$ Plastic Sheeting, 6 mil-Fire Retardant-Black (20 x 100)Roll 479.00$ HVAC Sheetmetal Blank Ea.24.00$ Plastic Sheeting, Carpet Protector Roll 99.00$ HVAC Sheetmetal Screw Box 100 26.00$ Ram Board, (38" X 100')Roll 185.00$ HVAC Spray Adhesive Can 35.00$ Red Rosin Paper (200 ft. roll)Roll 30.00$ HVAC Unibit Ea.99.00$ Scrim-Fire Rated (60'x100')Roll 2,988.00$ HVAC Vacuum Brush Head - Replacement Ea.32.00$ Sticky Mat (26"x32")Ea.108.00$ SHRINK WRAP SAFETYStrapping, Woven HD LF 0.15$ Boots, Chemical PVC Per Pair 55.00$ Tape, Heat Shrink 2"Roll 20.00$ Dust Mask Ea.2.40$ Tape, Heat Shrink 4"Roll 40.00$ Gloves, Cotton / Rubber Coated Cotton Per Pair 6.00$ Tape, Heat Shrink 6"Roll 59.00$ Gloves, Latex (Surgical)Box 100 50.00$ Wrap, Shrink, 7 mil (45' x 145")Roll 987.00$ Gloves, Leather Per Pair 9.90$ Wrap, Shrink, 12 mil (32' x 180")Roll 1,834.00$ Gloves, Nitrile Per Pair 22.00$ Gloves, Nylon Inspection Per Pair 0.60$ TAPE/ADHESIVE Protective Suits (Tyvek)Ea.33.00$ Adhesive, Spray Can 9.00$ Respirator, N95 Ea.13.00$ Tape, 2-way (2" x 60')Roll 36.00$ Respirator, P100 Ea.13.00$ Tape, Barricade-Banner Guard (Caution, Danger, etc…)Roll 34.00$ Respirator, HEPA + Particulate Replacement Filter Ea.44.00$ Tape, Duct (2"x 60')Roll 9.00$ Respirator, HEPA Replacement Pancake Filter Ea.10.00$ Tape, Global Roll 30.00$ Tape, Painters-blue/red Roll 10.00$ MISC Disposable Decontamination Unit Ea.504.00$ Encapsulant, Antifungicidal Gal 99.00$ Encapsulant, Antimicrobial (Zinsser)Gal 91.00$ Encapsulant, Soot Gal 53.00$ Fasteners, Misc / Lock & Hasp Ea.36.00$ Floor Dry (40#)Bag 19.00$ Lock Box Ea.55.00$ Soda, Soda Blaster Material Bag 43.00$ Zipper (containment)Ea.14.00$ ITEMIZED SCHEDULED CONSUMABLES 3 The rates contained in this exhibit are exclusive of federal, state and local sales or use taxes and the costs associated with any applicable federal, state or local approvals, consents, permits, licenses and orders incident to performance of the work. v1-1 Rate and Materials (Standard)Page 4 of 4 BELFOR Initial:_________ Customer Initial:_________ Docusign Envelope ID: 6C8711ED-D6CC-417E-AEAE-4C67E82C70BF LDR.V.5.0 LEMOINE DISASTER RECOVERY, LLC 1906 Eraste Landry Street, Suite 200 | Lafayette, LA 70506 PREPOSITIONED AGREEMENT BETWEEN LEMOINE DISASTER RECOVERY, LLC AND CUSTOMER FOR EMERGENCY RESPONSE AND REMEDIATION SERVICES THIS AGREEMENT dated the __6th__ day of ___June____, 2025 (the “Effective Date”) is hereby entered into by and between Lemoine Disaster Recovery, LLC (“LEMOINE”) and __City of Clearwater Florida__ (“Customer”) (LEMOINE and Customer are sometimes collectively referred to herein as the “Parties”). Pursuant to the terms and conditions set forth below, Customer desires to enter into this Prepositioned Agreement for Emergency Response and Remediation Services (the “Agreement”) with LEMOINE whereby LEMOINE will agree to provide certain disaster recovery services in accordance with agreed upon pricing in the event of a disaster or other event requiring emergency response services. NOW, THEREFORE, in consideration of the mutual covenants and promises contained in this Agreement, the receipt and sufficiency of which are hereby acknowledged, the Parties agree to enter into this Agreement under the following terms and conditions: Section 1: Agreement Description This Agreement contemplates that, from time to time during its existence, Customer will request LEMOINE to provide certain disaster recovery services described below. To the extent Customer and LEMOINE reach an agreement with respect to a particular scope of work or project, LEMOINE agrees to provide such disaster recovery services as outlined in an Emergency Work Authorization (“EWA”) submitted to and approved by Customer (“Work”) in accordance with the terms in this Agreement and Contractor’s Time and Material Rate Schedule-Standard Rates 2025 (Exhibit A) which includes a schedule of agreed rates, fees and charges for labor, materials, equipment, and expenses or as mutually agreed. Section 2: Contract Documents §2.1 This Agreement is comprised of the following documents: (a) Time and Material Rate Schedule-Standard Rates 2025 (Exhibit A) which includes a schedule of agreed rates, fees and charges for labor, materials, equipment, and expenses and applicable terms; (b) LEMOINE’s Standard Insurance Exhibit outlining the insurance coverages maintained by LEMOINE (Exhibit B); and (c) Federal Compliance Provisions (Exhibit C) to the extent such compliance is required by law for Customer to seek and obtain reimbursement for the cost of LEMOINE’s services from the Federal Emergency Management Agency (“FEMA”) or other Federal Government Agency. In the event the Work is subject to LDR.V.5.0 reimbursement by FEMA or another Federal Government Agency, LEMOINE shall comply with all applicable provisions set forth in Exhibit C. (d) RFP added as Exhibit D – if there are any terms found to conflict with the RFP (Exhibit D) the RFP term will previal These documents are sometimes collectively referred to herein as the “Contract Documents”. Section 3: Term This Agreement shall commence immediately upon the Effective Date and shall continue for a ___one____ (__1_) year period. This Agreement may be extended upon the mutual written agreement of both LEMOINE and the Customer at the time of extension or renewal for ___ two four__ (__4 2__) additional one (1) year periods. Any renewal of this Agreement shall be expressly contingent on Customer’s acceptance of LEMOINE’s current pricing including, but not limited to LEMOINE’S current Time and Material Rate Schedule-Standard Rates. Section 4: Description of Services and Deliverables §4.1 LEMOINE will provide those environmental and disaster recovery services, which may include construction services on an as needed basis when requested by Customer. In connection with the issuance of an EWA, LEMOINE can also provide “Not to Exceed” or “Rough Order of Magnitude” (ROM) budgets. This estimate is an approximation and is not a guaranteed price of the Work. The estimate is based on information provided from Customer regarding project requirements. Customer also recognizes and agreed that the exact scope of the Work is not determinable until after Work has commenced and that the scope of the Work may increase as the Work progresses. Unless otherwise specified, LEMOINE is to furnish all materials, tools, equipment, manpower and consumables to complete the Work provided for under the EWA. Customer shall be responsible for all Work reasonably performed regardless of such Work’s inclusion in an Emergency Work Authorization. §4.2 In addition to the Work, LEMOINE shall furnish any reports and deliverables set forth in the EWA (the “Deliverables”) which may be required by Customer, its insurer and/or FEMA (or such other Federal Government Agency) in order for Customer to receive funding or reimbursement for the Work. §4.3 Unless specifically made part of the Work, LEMOINE shall not be responsible for the coordination or performance of any activity or obligation undertaken by persons other than LEMOINE and its subcontractors. Section 5: Pricing and Payment §5.1 LEMOINE agrees to perform the Work set forth in an EWA at the price and in accordance with the terms of this Agreement and those set forth in Exhibit A and any subsequent amendments thereto. Travel time will be billed at the regular rates set forth in Exhibit A. Hourly scheduled labor rates will be charged portal to portal for LEMOINE personnel and labor subcontractors. All hours worked on LEMOINE recognized holidays will be charged at 2 times the regular rate. Invoice standard will be based on state law regarding overtime rates. LEMOINE reserves the right to add labor and equipment classifications as the Work progresses. A labor modifier of 1.25 will be applied to the following areas: New York City (75 miles radius from LDR.V.5.0 Manhattan), Alaska, Hawaii, Washington, Colorado, Oregon, California, D.C. and other U.S. Territories. §5.2 All items invoiced will be invoiced in accordance with the rates and terms in Exhibit A. §5.3 Customer agrees that all amounts owed to LEMOINE shall be paid in accordance with invoices issued to Customer from time to time by LEMOINE. Amounts invoiced will include applicable federal, state and local taxes and shall be due and payable to LEMOINE UPON RECIEPT and shall be considered late 30 days after Owner’s receipt of the invoice. The balance of any amount which remains unpaid more than thirty (30) days after it is due to LEMOINE shall accrue interest until paid at the rate equal to prime rate published in the Money Rates section of the Wall Street Journal plus 1% per calendar month. To the extent said interest provision is deemed unenforceable as a matter of law, interest shall accrue at the maximum rate allowed under applicable law. Customer will pay LEMOINE for any costs or expenses, including reasonable attorney's fees, that LEMOINE incurs in connection with the enforcement of this Agreement. §5.4 Customer further acknowledges and agrees that it shall be responsible for all amounts owed to LEMOINE in accordance with the terms of this Agreement, regardless of whether the Work may be covered by insurance or be eligible for reimbursement by FEMA or other Federal Government Agency. Lack of insurance coverage or any failure or delay of an insurance carrier, FEMA or other Federal Government Agency to may payment to LEMOINE or Customer shall not relieve Customer of its payment obligation under this Agreement. Customer agrees that it cannot delay or withhold payment to LEMOINE, resulting from any dispute that Customer may have with its insurance company or any other party. This includes, but is not limited to, disputes in coverage, the nature of the loss, the value of the property, the amount tendered to Customer under the policy, or disputes that are the result of third-party recommendations. Documentation provided to any insurance carrier, FEMA or other Federal Government Agency at the request of Customer is provided solely as a courtesy to Customer. Responsibility for payment of services provided to Customer shall be the SOLE responsibility of Customer. §5.5 Insurance Proceeds Customer agrees that, with the concurrence and at the request of LEMOINE, it will direct any such insurance carrier (the “Carrier”) to make payments to LEMOINE directly for certain portions of the Work on which Customer and LEMOINE may hereafter agree. This directive is revocable by the Customer but does not affect Customer’s payment obligations to LEMOINE. Such directives are a matter of convenience only and are not intended to be or considered an assignment of benefits, and the parties agree that such directives shall not and do not constitute an Assignment of Benefits under Louisiana Law. In the event that any Carrier pays or intends to pay any amounts to Customer’s mortgagor or to any other third party, and if a directive as described in paragraph 4.1 is active and in force, Customer will direct the Carrier to list additionally LEMOINE as a payee when issuing such payment. Customer specifically agrees to notify LEMOINE within five (5) calendar days after receipt of insurance proceeds from any Carrier or Customer’s mortgagor related in whole or in part to the Work performed by LEMOINE. If Customer receives payment of insurance proceeds which includes payment for some or all of the Work under this Agreement and LEMOINE has not yet been fully paid for the Work, then Customer shall pay LEMOINE’s unpaid invoices for this Work up to the full amount of the final insurance proceeds regardless of any allocation of the insurance proceeds by Customer or Carrier. Customer understands that any invoices submitted directly by LEMOINE to any Carrier is done as a courtesy and convenience to Customer and does not relieve Customer of any LDR.V.5.0 obligation to pay for the amounts billed. LEMOINE has not reviewed Customer’s insurance coverage and makes no representations concerning the coverage available to pay for the Work. Determinations of coverage are legal matters and Customer should engage an attorney on such issues. LEMOINE is not an attorney. §5.6 All invoices shall be directed to Customer’s address at: ________________________ or in such other manner as directed by Customer. Section 6: Miscellaneous Expenses Miscellaneous Expenses shall be paid by Customer in accordance with the terms set forth in Exhibit A. Section 7: Schedule and Completion of the Work §7.1 The Work shall commence and shall be completed in accordance with schedule(s) provided by LEMOINE or, in the absence of such schedule(s), as soon as good practice and due diligence reasonably permit. Unless otherwise expressly agreed in writing, Customer recognizes that due to the nature of the Work being performed, a definitive schedule for completion of the Work is difficult to provide (given the likely disruption of materials, equipment, and labor) following a catastrophic or emergency damage situation. Therefore, LEMOINE’s shall not be liable for any damages due to delay in completion of the Work. Section 8: Party Representatives §8.1 Customer identifies the following representative authorized to act on Customer’s behalf with respect to this Agreement: ________________________ ________________________ ________________________ §8.2 LEMOINE identifies the following representative authorized to act on LEMOINE’s behalf with respect to this Agreement: ________________________ ________________________ ________________________ §8.3 Customer’s designated representative must be available to act as a liaison with LEMOINE project management and must possess the decision-making authority to address matters that arise during the Project. Section 9: Special Conditions andrew.sexton@1lemoine.com 337-316-9353 Andrew Sexton - Vice President Lori Vogel - Procurement Manger lori.vogel@myclearwater.com LDR.V.5.0 §9.1 Because of the unknowns and uncertainties surrounding damages of this nature, LEMOINE and Customer acknowledge that changes to the schedules, Contract Documents, including, but not limited to, changes in or to the rates and charges may become necessary as the Work progresses. Customer acknowledges and agrees that any such changes shall be reflected in a Change Order. LEMOINE and Customer further acknowledge that the Property which is the subject of the Work has been involved in a fire, flood or other casualty and therefore LEMOINE cannot and does not, guarantee that the Property will be operational or free from defects following LEMOINE’s completion of the Work. §9.2 CATASTROPHIC WORK WARRANTY: THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF HABITABILITY, MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE. LEMOINE shall perform its services in a good and workmanlike manner and in accordance with industry standards. The standard for mitigation and remediation is to remove or clean any contaminated materials and to mitigate future damages attributable to the fire, water, or smoke event in a safe, rational, and orderly sequence. LEMOINE shall not be responsible for any problems due to or associated with additional water intrusion, subsequent moisture damage, or failure to maintain or repair structure(s) after mitigation and remediation is complete. To the extent that LEMOINE is required or requested to return to the site to correct or repair any of its Work due to alterations or damage done by others, such Work shall be considered an “extra” and billed separately at the rates shown on Exhibit A, plus a reasonable re-mobilization charge. §9.3 If union labor is required to perform any of the services comprising the Work, appropriate changes to the rates and charges specified in Exhibit A shall be made. §9.4 Suitable water, toilet facilities, electrical service and access to the Project site are essential to the timely and cost-effective completion of the Work. Should any delay result from any lack of the foregoing, appropriate changes to the rates and time frames set forth in the Contract Documents shall be made. Further, Customer shall permit LEMOINE to use utility services, including water, electric power, heating and cooling, without charge, as required to complete the Work. §9.5 LEMOINE will use its best efforts to outfit all persons working for or with LEMOINE or its subcontractors in LEMOINE shirts or uniforms. This is done for security purposes and to allow Customer to identify persons at the Project site. Daily progress meetings are essential to LEMOINE efforts to keep all parties informed as to the current status of the Work. §9.6 Customer must provide LEMOINE with a secure location to temporarily store needed equipment, materials, and supplies. §9.7 Should the Work be stopped or impeded, the price of the Work may increase; the goal of LEMOINE is to complete the Work as quickly and cost effectively as possible. To accomplish this goal, good communications and a firm understanding of the operational needs of both LEMOINE and Customer are essential. §9.8 Customer will coordinate the Work of separate contractors on all job sites to ensure the Work can proceed without interference. Customer affirms that agreements with separate contractors require their cooperation with LEMOINE. LDR.V.5.0 §9.9 All environmental testing shall be performed by third party contractors directly retained by the Customer. §9.10 Authorized Antimicrobial Agents: Customer understands and acknowledges that in the best judgment of LEMOINE, materials may be treated with a commercial antimicrobial agent to inhibit the growth of micro-organisms during the drying process as is industry best practice. Customer has received advanced notice of the use of antimicrobial or antimicrobial products as part of the restoration process and Customer’s “Right to Know.” Customer understands that it is beyond the expertise of LEMOINE to determine if someone is sensitive to its application and will hold LEMOINE harmless for its use. Customer understands that Information Brochures and SDS sheets for all used agents are available to Customer at all times. §9.11 Customer Responsibilities: §9.11.1 Utilities: Customer is responsible for all utilities used during the course of the Work, and Customer agrees not to disable, disengage, or turn off any utility service or equipment without first securing written permission from LEMOINE (by email or otherwise) to do so. §9.11.2 Access/Removal Of Personal Property: Customer is responsible for providing access to the Property so that LEMOINE may perform its Work. Customer shall be responsible for the removal of all valuables, equipment, electronics, computers, cash, collectables, jewelry, money, watches, weapons, pharmaceuticals, documents and any and all items of value that may otherwise be damaged during the course of the Work. LEMOINE shall not be responsible for any damages or loss to personal property which is not removed from the areas in which the Work is to be performed, even if such damage or loss is attributable to LEMOINE’s negligence, and Customer understands that any such property left at the Project is at the sole risk of Customer. Customer agrees to defend, indemnify, and hold LEMOINE harmless against all liability, loss, damage, costs and expenses (including attorney’s fees) in any way arising from special, incidental, and/or consequential damages which may occur during the demolition or restoration process to personal property left on site during performance of the Work. §9.11.3 Disposal Of Personal Property: Customer authorizes and directs LEMOINE to dispose of those contents and personal property left at the Property deemed by LEMOINE, in its reasonable discretion, to be unsalvageable in such manner as deemed appropriate by LEMOINE. Customer acknowledges that LEMOINE will remove and store contents only if directed by Customer in writing and that there will be transportation and storage costs associated with such removal and storage for which Customer will be invoiced by LEMOINE. If Customer desires LEMOINE NOT to dispose of any particular item or item(s), Customer shall advise LEMOINE in writing specifically of the item or items not to be disposed of at the time this Agreement is executed. In making a determination of which item or item(s) Customer chooses to remain on the Property, Customer understands and acknowledges that contents affected by water intrusion events are conducive to the growth of mold and other bacteria which may be harmful to the health and safety of the Customer or other occupants of the Property. LEMOINE will not undertake drying or other remediation of retained personal property, and the storage and condition of all such personal property is the sole responsibility of Customer. LDR.V.5.0 §9.11.4 Incidental Damage: LEMOINE will take reasonable care to avoid incidental breakage or damage whenever possible; however, the Customer agrees to defend, indemnify, and hold LEMOINE harmless against all liability, loss, damage, costs and expenses (including attorney’s fees) in any way arising from special, incidental, or consequential damages which may occur during the demolition or restoration process to structural components, finishes, fixtures, equipment, or contents. Section 10: Change Orders §10.1 Changes in the Work or to the rates, charges or terms set forth in Exhibit A (as contemplated by Section 9.1) may be agreed upon after execution of this Agreement and an EWA. Customer, without invalidating the Agreement, may order changes in the Work within the general scope of the EWA consisting of additions, deletions, or other revisions, with LEMOINE’s compensation and time for completing the Work being adjusted accordingly. §10.2 Assignments given to LEMOINE personnel either verbally or in writing that deviate from the original scope of Work shall be considered a Change Order for purposes of this Agreement. Change Order forms outlining the proposed adjustments to LEMOINE’s compensation and time shall be submitted to Customer and must be signed by Customer and returned to LEMOINE within 48 hours. §10.3 Adjustments to LEMOINE’s compensation on account of changes in the Work subsequent to the execution of an EWA may be determined (a) by mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data; (b) by unit prices or rates stated in the Contract Documents or subsequently agreed upon; (c) by price to be determined in a manner agreed upon by the Parties. If none of the referenced methods are agreed upon, the cost of such Work shall be determined on the basis of the reasonable expenditures and savings of those performing the Work attributed to the change. §10.4 If concealed or unknown physical conditions are encountered at the site that differ materially from those indicated in an EWA, those initially observed by LEMOINE or from those conditions ordinarily found to exist, LEMOINE’s compensation and time for completing the Work shall be equitably adjusted as mutually agreed between Customer and LEMOINE. Section 11: Parties’ Responsibilities §11.1 Customer shall cooperate with LEMOINE, including providing any information reasonably requested by LEMOINE and providing access to any facility at which the Work is to be performed at such times as may be requested by LEMOINE. LEMOINE shall be entitled to rely on the accuracy of information furnished by Customer. §11.2 Prior to commencement of the Work, Customer will report to LEMOINE all conditions known to Customer which may not be apparent to LEMOINE and which might significantly increase cost of the Work or delay completion, where known and available information exists. The Customer will share these concealed conditions including, but not limited to, hazards on all job sites, unsuitable soil conditions, prior defective work of others, latent defects in the plans or specifications, earlier attempts to do similar or related work, and obligations imposed by government. Customer’s obligation to report such conditions shall be ongoing throughout the course of LEMOINE’s performance of the Work. Where necessary, further investigative work or LDR.V.5.0 assessment will be taken, at Customer’s expense, to bring understanding to any concealed conditions. §11.3 Customer shall make timely payments in accordance with the terms and conditions of this Agreement. §11.4 Any federal, state or local permits, surcharges or consents required for the performance of the Work are the responsibility of Customer; provided that, if made a part of the Work, LEMOINE may obtain such permits and consents at Customer's expense. Both LEMOINE and Customer shall comply with all applicable governmental regulations, statutes, laws and ordinances. §11.5 Any claim or complaint by Customer arising out of or in any way related to LEMOINE’s Work under an EWA and this Agreement shall be made in writing to LEMOINE within sixty (60) days after the earlier of completion of the Work or date any such performance, nonperformance or breach would have been discovered exercising reasonable diligence and LEMOINE shall be given a reasonable opportunity to cure such faulty performance, nonperformance or breach. Failure to make such a written claim or complaint shall be deemed a waiver by Customer. §11.6 Exclusions: LEMOINE shall not, without further written agreement, be responsible for: §11.6.1 The winterization of the Property or the identification, testing, or sampling of any environmental pollutant, contaminant, hazard, toxin, condition, irritant, material or problem, including, but not limited to molds, fungi, bacteria, mildew, mycotoxins, spores or other irritants of any kind, should they exist, as all such services are to be performed by a qualified indoor air quality professional/industrial hygienist (“IAQP/IH”) employed by the Customer. Customer is responsible for full disclosure regarding hazardous materials in or associated with said property. LEMOINE is also not responsible for the correction of building, fire or other code violations that existed at the Property before the casualty necessitating performance of the Work. §11.6.2 Damage resulting from and the repair or replacement of roof tarps and/or other remedial measures or Work which have been secured and are in place and are then rendered ineffective as a result of subsequent weather events, vandalism, theft, or any other event which is outside of LEMOINE’s control. §11.6.3 In the event LEMOINE is not allowed to perform its recommended procedures or drying equipment is removed or turned off prematurely without the prior written approval of LEMOINE, Customer agrees to release and hold LEMOINE harmless from and against all damages, losses, or claims arising out of or relating to such events, and Customer agrees to indemnify and defend LEMOINE against all claims or actions that may result from such procedures. §11.6.4 Both parties agree that dealing with hazardous materials, waste or asbestos requires specialized training, processes, precautions and licenses. Therefore, unless the scope of Work specified in this Agreement includes the specific handling, disturbance, removal or transportation of hazardous materials, waste or asbestos, upon discovery of such hazardous materials LEMOINE shall notify the Customer immediately and allow the Customer to contract with a properly licensed and qualified hazardous material LEMOINE separately and independently from this Agreement. If Customer and LEMOINE agree, any LDR.V.5.0 such work may also be treated as a Change Order resulting in additional costs and time considerations; however LEMOINE is not obliged to undertake such Work, and shall not undertake such work with a Change Order. As stated above, Customer is responsible for full disclosure regarding hazardous materials in or associated with the Property. Section 12: Causes Beyond LEMOINE’s Control §12.1 If any circumstance or event which is beyond the reasonable control of LEMOINE (including, but not limited to including, but not limited to, labor and/or material shortages, supply chain disruptions, and Customer, government, or regulatory actions, such as stop work orders, arising out of or relating to quarantines, embargos, travel restrictions, virus, disease, contagion, or any other widespread communicable disease, such as epidemics or pandemics) delays the performance of any of LEMOINE’s obligations under this Agreement or an EWA, or makes any of those obligations impossible to perform, LEMOINE shall not have any liability to Customer for such delay or nonperformance. Section 13: Independent Contractor §13.1 The Work will be performed by LEMOINE on an independent contractor basis and not as an employee, agent, partner or joint venturer of Customer. LEMOINE shall have responsibility for and control over the details of and means for performing the work assigned, and safety issues, and shall be subject to the directions of Customer only with respect to the scope of work and the general results required. Nothing in this Agreement shall be construed to make LEMOINE or any of its employees or agents to be Customer’s employees or agents. Section 14: Environmental and Disposal Issues §14.1 LEMOINE is not the owner, and shall not be considered the owner, of the Property on which the Work is performed (the "Site"), or any substance classified as hazardous or toxic, or otherwise regulated, under any applicable federal, state or local law ("Hazardous Material") which may exist on, in or under the Site. All test specimens or samples shall be, and shall be considered the property of the Customer, irrespective of any disposal of those specimens or samples undertaken by LEMOINE as part of the Work. §14.2 Any disposal of Hazardous Material (including specimens or samples), or any property that contains hazardous Material, performed by LEMOINE under this Agreement will be made in the name of Customer and under any applicable generator number or other identification assigned to Customer. §14.3 Customer shall defend, indemnify and save LEMOINE, its affiliates, officers, directors, agents, subcontractors and employees harmless from and against any and all claims, liabilities, demands, judgments, losses, costs, expenses, suits or damages arising out of or related in any way to the presence or release or any Hazardous Material on or from the Site to the extent caused by or attributable to an act or omission of Customer or anyone under its control including but not limited to its affiliates, officers, directors, agents, subcontractors and employees. LDR.V.5.0 Section 15: Indemnification §15.1 Each Party (the “Indemnifying Party”) shall indemnify and hold the other Party (the “Indemnified Party”), its affiliates, officers, directors, agents, employees and other representatives harmless from and against any and all claims, liabilities, demands, judgments, losses, costs, expenses (including reasonable attorney’s fees), suits or damages arising by reason of bodily injury, death or damages to a third party’s tangible property (other than the Work itself) sustained by any person or entity (whether or not a party this Agreement) but only to the extent caused by or attributable to an action of negligence of the Indemnifying Party or an officer, director, agent, subcontractor or employee of the Indemnifying Party. Section 16: Default Remedies and Waiver of Consequential Damages §16.1 In no event shall any damages awarded to Customer under this Agreement exceed the total amount paid by Customer to LEMOINE under the applicable EWA at the time the alleged violation or breach takes place. §16.2 In no event shall either Party be liable for any indirect, incidental, special, consequential or punitive damages whatsoever (including but not limited to lost profits, loss of use, loss of revenue, loss of rent, loss of capital or use thereof, loss of contract, or interruption of business) arising out of or related to the services provided under this Agreement. Section 17: Document Production and Testimony §17.1 If LEMOINE is requested or authorized by Customer or if LEMOINE is required by governmental regulation, subpoena or other legal process, to produce any documents or files, or to make its personnel available as witnesses with respect to any engagement, Customer shall, so long as LEMOINE is not a party to the proceeding in which the information is sought, reimburse LEMOINE for its time and expenses, as well as the reasonable fees and expenses of LEMOINE’s counsel, incurred in responding to such requests. Section 18: Disputes and Governing Law §18.1 Any dispute arising out of, under, in connection with, or relating to the execution, interpretation, performance, or non- performance of this Agreement or any EWA, including the validity, scope and enforceability of this arbitration provision, shall be determined and settled by binding arbitration in Baton Rouge, Louisiana Florida or an agreed upon location, pursuant to the Construction Industry Arbitration Rules (the "Rules") then in effect of the American Arbitration Association. In the event of conflict between the Rules and the terms of this Agreement, the terms of this Agreement shall govern. To commence arbitration of any dispute, the party desiring arbitration shall notify the other party in writing in accordance with the Rules. In the event that the Parties fail to agree on the selection of an arbitrator within fifteen (15) days after the delivery of such notice, the arbitrator shall be selected by the American Arbitration Association upon the request of either party. The award rendered by the arbitrator will be final, and judgment may be entered upon it in any court of competent jurisdiction. The arbitrator shall award reasonable attorneys' fees and costs and expenses to the prevailing party. In no event, however, shall the arbitrator make an award on the basis of the principles of equity. The construction and interpretation of this Agreement shall be governed by the laws of the State of Louisiana Florida. Section 19: Notices LDR.V.5.0 §19.1 Except as otherwise provided in Section 19.2, where the Contract Documents require one party to notify or give notice to the other party, such notice shall be provided in writing to the designated representative of the party to whom the notice is addressed using the information provided in Section 19.3 and shall be deemed to have been duly served if delivered in person, by mail, by courier, or by electronic transmission if a method for electronic transmission is set forth in this Agreement. §19.2 Notices of claims or disputes shall be provided in writing and shall be deemed to have been duly served only if delivered to the designated representative of the party to whom the notice is addressed by certified or registered mail, or by courier providing proof of delivery. §19.3 Notices shall be provided to the following representatives of the Parties: To: Lemoine Disaster Recovery, LLC Attn: _______________________ To: Customer Attn: _______________________ Section 20: Termination §20.1 Termination for Convenience- Either party may terminate this Agreement or an EWA for convenience upon 30 days’ written notice to the other Party. In the event of a termination by Customer for convenience, Customer shall pay LEMOINE for all Work executed; and all costs incurred by reason of such termination, including, but not limited to, demobilization costs, administrative costs in preparing the final billing for the Work and any costs attributable to the termination of any subcontracts. §20.2 Termination for Cause- Either party may also terminate the Agreement or an EWA for cause upon a material breach of the Agreement by the other party, provided that the breaching party does not cure the breach within seven (7) days after written notice of such breach. In the event of a termination by Customer for cause, Customer shall pay LEMOINE for all Work executed. Notwithstanding the foregoing provision, LEMOINE shall have the right to cancel, cease or postpone any incomplete work without notice to Customer in the event that Customer becomes insolvent, adjudicated bankrupt, petitions for or consents to any relief under any bankruptcy reorganization statute, does not pay LEMOINE, or becomes unable to meet its financial obligations in the normal course of business. Section 21: Insurance §21.1 During the term of this Agreement, the Parties agree to maintain the insurance coverages set forth in Exhibit B. Section 22: Miscellaneous Provisions §22.1 Non-Waiver- No waiver of any breach of this Agreement shall operate as a waiver of any similar subsequent breach or any breach of any other provision of this Agreement. Lori Vogel Andrew Sexton LDR.V.5.0 §22.2 Statutory Employer- Customer and LEMOINE recognize, acknowledge and agree that in all cases where LEMOINE’s employees (defined to include subcontractors of LEMOINE and their subcontractors’ direct, borrowed, special, or statutory employees) are performing Work in the State of Louisiana or are otherwise covered by the Louisiana Workers’ Compensation Act, La. R.S. Section 23:1021 et seq., the Work being performed by LEMOINE is an integral part of and is essential to the ability of the Customer to generate Customer’s goods, products and services for the purpose of La. R.S. Section 23:1061 (A)(1), and LEMOINE and Customer agree that Customer is the statutory employer of the LEMOINE’s employees for the purposes of La. R.S. Section 23:1061 (A)(3), and that Customer shall be entitled to the protections afforded a statutory employer under Louisiana law. LEMOINE shall remain primarily responsible for the payment of all workers’ compensation and medical benefits to and/or on behalf of LEMOINE’s employees and shall not be entitled to seek contribution for any such payments from Customer. LEMOINE further agrees that it will defend, indemnify, release and hold Customer harmless from any such payments or liability. §22.3 Severability- The invalidity of any provision of the Contract Documents shall not invalidate the Agreement or its remaining provisions. If it is determined that any provision of the Contract Documents violates any law, or is otherwise invalid or unenforceable, then that provision shall be revised to the extent necessary to make that provision legal and enforceable. In such case the Contract Documents shall be construed, to the fullest extent permitted by law, to give effect to the parties’ intentions and purposes in executing the Agreement. §22.4 Drafting Party- Each party has reviewed this Agreement and any question of interpretation shall not be resolved by any rule of interpretation providing for interpretation against the drafting party. This Agreement shall be construed as though drafted by both Parties. §22.5 Captions- The captions and headings of this Agreement are intended for convenience and reference only and do not affect the construction or meaning of this Agreement. §22.6 Non-Assignment of Agreement- Customer shall not assign this Agreement to another party without the written consent of LEMOINE. §22.7 Entire Agreement- This Agreement constitutes the entire agreement and understanding between LEMOINE and Customer and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Customer and LEMOINE. EXECUTED AT _______________, _____________ ON ____________, _____, 20___. COUNTY/PARISH STATE MONTH DAY _____________________________ LEMOINE DISASTER RECOVERY, LLC CUSTOMER LEMOINE AUTHORIZED REPRESENTATIVE AUTHORIZED REPRESENTATIVE _____________________________ _____________________________ Mike Rice - President LDR.V.5.0 PRINT NAME & TITLE PRINT NAME & TITLE _____________________________ _____________________________ SIGNATURE SIGNATURE _____________________________ _____________________________ WITNESS WITNESS ENUMERATION OF CONTRACT DOCUMENTS EXHIBIT A-TIME AND MATERIAL RATE SCHEDULE-STANDARD RATES 2025 EXHIBIT B-LEMOINE STANDARD INSURANCE REQUIREMENTS EXHIBIT C-FEDERAL COMPLIANCE PROVISIONS PRINT NAME & TITL ________________________________________________________________________________________________________________________ GNA _____________________________________ LDR.V.5.0 EXHIBIT A TIME AND MATERIAL RATE SCHEDULE-STANDARD RATES 2025 LDR.V.5.0 EXHIBIT B LEMOINE STANDARD INSURANCE REQUIREMENTS LDR.V.5.0 EXHIBIT C FEDERAL COMPLIANCE PROVISIONS EXHIBIT 1- FEDERAL COMPLIANCE PROVISIONS (TERMS REQUIRED FOR CUSTOMER REIMBURSEMENT) 1. EQUAL EMPLOYMENT OPPORTUNITY During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. 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 setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (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, LDR.V.5.0 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 as 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 the 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 Customer 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. 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 LDR.V.5.0 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, Customer 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 Customer under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such Customer; and refer the case to the Department of Justice for appropriate legal proceedings. 2. COMPLIANCE WITH THE DAVIS-BACON ACT When required by Federal program legislation, 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. pg. 5 as applicable. 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. Additionally, contractors are required to pay wages not less than once a week. 3. COMPLIANCE WITH THE COPELAND ANTI-KICKBACK ACT 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. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. §5.12. 4. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives LDR.V.5.0 compensation at a rate not less than one and one-half times 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 of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefore 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 (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 (1) of this section. (3) Withholding for unpaid wages and liquidated damages. The appropriate Federal agency, or the loan or grant recipient shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys 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 any other 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 be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The contractor shall be responsible for compliance by subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section. 5. CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT A. Clean Air Act (1) The contractor agrees to comply with all applicable standards, orders or regulations 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 Customer and understands and agrees that Customer will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (3) The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. B. Federal Water Pollution Control Act LDR.V.5.0 (1) The contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. (2) The contractor agrees to report each violation to Customer and understands and agrees that Customer will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (3) The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. 6. DEBARMENT AND SUSPENSION By signing and submitting its bid or proposal and signing this Contract, the contractor agrees to comply with the following: (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, its principals (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 C.F.R. § 180.935). (2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by Customer. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to Customer, the Federal Government may pursue available 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 or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. 7. BYRD ANTI-LOBBYING AMENDMENT The contractor and all its subcontractors, if any, under this Contract shall comply with the Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352 (as amended). The contractor hereby certifies 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. The contractor 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. In compliance with the Byrd Anti-Lobbying Amendment, the contractor will execute the Certificate Regarding Lobbying included with this Agreement as Appendix 1. The contractor shall require all subcontractors to comply with this clause and execute the Certificate Regarding Lobbying. LDR.V.5.0 8. PROCUREMENT OF RECOVERED MATERIALS A. In the performance of this contract, the contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired— (1) Competitively within a timeframe providing for compliance with the contract performance schedule; (2) Meeting contract performance requirements; or (3) At a reasonable price. B. 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/comprehensiveprocurement-guideline-cpg-program. C. The contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act.” 9. PROHIBITION ON CONTRACTING FOR COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES A. Definitions. As used in this clause, the terms backhaul; covered foreign country; covered telecommunications equipment or services; interconnection arrangements; roaming; substantial or essential component; and telecommunications equipment or services have the meaning as defined in FEMA Policy, #405-143-1 Prohibitions on Expending FEMA Award Funds for Covered Telecommunications Equipment or Services As used in this clause— B. Prohibitions. (1) Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232, and 2 C.F.R. § 200.216 prohibit the head of an executive agency on or after Aug.13, 2020, from obligating or expending grant, cooperative agreement, loan, or loan guarantee funds on certain telecommunications products or from certain entities for national security reasons. (2) Unless an exception in paragraph (C) of this clause applies, the contractor and its subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency Management Agency to: (i) 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 of any system; (ii) Enter into, extend, or renew 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 of any system; (iii) Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential LDR.V.5.0 component of any system, or as critical technology as part of any system; or (iv) Provide, as part of its performance of this contract, subcontract, or other contractual instrument, 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. C. Exceptions. (1) This clause does not prohibit contractors from providing: (i) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or (ii) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles. (2) By necessary implication and regulation, the prohibitions also do not apply to: (i) Covered telecommunications equipment or services that: a. Are not used as a substantial or essential component of any system; and b. Are not used as critical technology of any system. (ii) Other telecommunications equipment or services that are not considered covered telecommunications equipment or services. D. Reporting requirement. (1) In the event the contractor identifies covered telecommunications equipment or services used as a substantial or essential component 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 recipient or subrecipient, unless elsewhere in this contract are established procedures for reporting the information. (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 order number(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. LDR.V.5.0 (ii) Within 10 business days of submitting the information in paragraph (D)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the Subcontractor 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), in all subcontracts and other contractual instruments. 10. DOMESTIC PREFERENCES FOR PROCUREMENT As required by 2 CFR § 200.322, and as appropriate and to the extent consistent with law, the contractor should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products), unless the required resource is not readily or reasonably available, cannot be provided within the necessary timeframe, or is not cost-reasonable to be procured domestically. The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under the award. 11. ACCESS TO RECORDS The following access to records requirements apply to this contract: (1) The contractor agrees to provide Customer, 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. (2) 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. (3) 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. (4) In compliance with the Disaster Recovery Act of 2018, Customer 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. (5) The contractor agrees to retain all records for a period of not less than five years after the termination date of this contract 12. DHS SEAL, LOGO AND FLAGS 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. 13. COMPLIANCE WITH FEDERAL LAW, REGULATIONS AND EXECUTIVE ORDERS LDR.V.5.0 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. 14. NO OBLIGATION BY FEDERAL GOVERNMENT The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to Customer, the contractor, or any other party pertaining to any matter resulting from the contract. 15. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENT OR RELATED ACTS 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. 16. AFFIRMATIVE SOCIOECONOMIC STEPS If subcontracts are to be let, the prime contractor is required to take all necessary steps identified in 2 C.F.R. §200.321(b)(1)-(5) to ensure that small and minority businesses, women’s business enterprises, and labor surplus area firms are used when possible. The contractor will execute the certificate included with this Agreement as Appendix 2. 17. TERMINATION FOR CAUSE In addition to the parties’ right to terminate without cause provided for in Section 5 of the Terms and Conditions (Schedule C), either party may also terminate the Agreement for cause upon a material breach of the Agreement by the other party, provided that the breaching party does not cure the breach within seven (7) days after written notice of such breach. In the event of a termination by Customer for cause, Customer shall pay Consultant for all Work executed. 18. DEFAULT REMEDIES Should the contractor violate or breach the terms of this Agreement, Customer shall be entitled to request specific performance by the contractor as equitable relief. In the alternative, subject to the provisions set forth in the Terms and Conditions (Schedule C) including, but not limited to, Sections 10 (Limitation of Liability) and 11 (Waiver o Consequential Damages), Customer may seek any administrative or legal remedies available to it under the applicable jurisprudence, laws and regulations. 19. PROVISIONS REQUIRED BY LAW DEEMED INSERTED Each and every provision of law and clause required by law to be inserted in this Agreement shall be deemed to be inserted herein and the Agreement shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon the application of either party the Agreement shall forthwith be physically amended to make such insertion or correction. LDR.V.5.0 APPENDIX 1 CERTIFICATION REGARDING LOBBYING 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 the undersigned, to any person for influencing or attempting to influence an officer or employee 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 any Federal 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, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all 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. LDR.V.5.0 ______________________________________________ Signature of Contractor’s Authorized Official ______________________________________________ Name and Title of Contractor’s Authorized Official APPENDIX 2 CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS. The Code of Federal Regulations Title 2 Part 200.321, requires the Recipient, Sub-Recipient, and Prime Contractor to take all necessary affirmative steps to assure that minority-owned and women-owned businesses are afforded contracting opportunities. This policy applies to all contracts, subcontracts and procurements for services (including engineering and legal), supplies, equipment, and construction. The goal of this policy is to make MBE/WBE firms aware of contracting opportunities to the fullest extent practicable through outreach and recruitment activities. To achieve this goal, the contractor agrees to adhere to the following affirmative steps, otherwise known as “six good faith efforts,” in the procurement of goods or services under this agreement: 1. Include qualified small and minority businesses and women’s business enterprises on solicitation lists; 2. Ensure that small and minority and women’s businesses are solicited whenever they are potential sources of products or services to be bid; 3. Divide total requirements, when economically feasible, into small tasks or quantities to permit maximum participation by small and minority and women’s businesses (i.e. provide alternative bidding scenarios); 4. Establish delivery schedules to encourage participation by small and minority and women businesses (i.e. timing and flexibility); 5. Use the services and assistance of the Small Business Administration, and the Minority Business Development Agency, U.S. Department of Commerce; 6. Require any subcontractors to take affirmative steps as outlined in items one through five above to subcontract with small and minority and women’s businesses, if any subcontracts are awarded. LDR.V.5.0 “Good Faith” Effort Compliance Documentation The Recipient, Sub-Recipient, Prime Contractors, and Subcontractors must provide documentation to support a “good faith” effort in the solicitation of MBE and WBE firms only. A Prime Contractor is a business concern that enters into written agreements directly with the Recipient which includes agreements to provide services (including engineering and legal), supplies, equipment and construction. The submission of documentation to support a “good faith” effort in the solicitation of Small Business Enterprise is not required; however, the Company and Consultant must maintain this documentation in their files for possible future reference. Documentation may include the following: 1. Copies of announcements/postings in newspapers or other media for specific contracting/subcontracting opportunities. Include language in announcements/postings that MBE/WBE firms are encouraged to bid. 2. Copies of announcements/postings of contracting/subcontracting opportunities in trade publications or minority media that target MBE and/or WBE firms. 3. Documentation of sources used to identify potential MBE/WBE firms. 4. Documentation of contacts with MBE/WBE firms, including the firm name, address, telephone number dates of phone calls, letters and the contract results. 5. Copies of direct solicitation letters sent to all MBE/WBE firms. 6. Copies of the MBE/WBE certification documentation for ALL proposed prime and subcontractor MBE/WBE firms. 7. Documentation showing Consultant has made the six good faith efforts to seek qualified MBE/WBE subcontracts - to the extent they use subcontractors. Searches should be done of potentially qualified MBW/WBE businesses. From these lists, identify those businesses in your area to directly solicit. Solicit businesses that you would reasonably expect to respond and submit a quote. To ensure the Recipient is given credit for good-faith outreach efforts, the Recipient should document the searches executed and the results of the searches, describe criteria used to determine who on the list(s) to directly solicit (probably area code or distance) and describe any other resources used to seek qualified MBE/WBE firms to solicit. The Recipient must pass the outreach guidance to Prime Contractors, and in turn Subcontractors, because they are likewise required to make good faith outreach efforts when searching of MBE/WBE subcontractors. Subcontractors are also required to document their outreach efforts just as project owners are. ______________________________________________ Organization Name ______________________________________________ Signature of Contractor’s Authorized Official LDR.V.5.0 ______________________________________________ Name and Title of Contractor’s Authorized Official ______________________________________________ Date TIME AND MATERIAL CONTRACT WITH INCORPORATED UNIT RATE SCHEDULE AND EXHIBITS NOTE: The Information Sheet, the Time and Materials Contract-CAT, All Exhibits to the Contract, all Change Orders, and All Addenda to the Contract, are to be Considered Together, and Shall Constitute the “Complete Agreement” Between the Parties. OWNER/CUSTOMER INFORMATION Project Name Project Address Project Contact Numbers Cell: Secondary: Email BILLING INFORMATION Company Name Company Address Billing Contact Phone and Email N A T I O N W I D E C A T A S T R O P HE R E S P O N S E 1 Customer Initials 866-404-7587(PLUS) • www.royalplus.com Customer’s Initials TIME AND MATERIAL CONTRACT WITH INCORPORATED UNIT RATE SCHEDULE AND EXHIBITS THIS SERVICE CONTRACT (“Contract”) is entered on this day of , 20 , by and between (“Customer”) with regard to services to be performed upon property located at: and “Service Provider” ) Royal Plus, Inc. 1. TERM: This Contract (which shall be deemed to consist of the Information Sheet, Exhibits A through C, any other Exhibits or Addenda to which the parties shall mutually agrees, and which may be referred to collectively as the “Complete Agreement”), shall commence on the date hereof and shall continue until the services performed pursuant to the Scope of Work as described below is completed by Royal Plus, Inc., &/or its strategic partners, its other authorized agents, or assigns (hereinafter referred to collectively as “Service Provider.”) 2. AUTHORIZATION FOR SERVICES: Customer, or Customer’s specifically authorized agent for the above loss address (“Property”) authorizes Service Provider to enter the property and furnish all labor, materials, consumables, equipment, tools, subcontract services, specialty items and reimbursable items required to complete the work described in the Scope of Work defined in Item 3, below. The parties hereto may make changes in the work to be performed hereunder by written or verbal modification to the Scope of Work agreed to by both parties. Verbal modifications must be followed up in writing, and signed by both parties, to be considered an Addendum to this Contract. 3. SCOPE OF WORK: Service Provider will furnish all labor, materials, consumables, equipment, tools, subcontract services, specialty items and reimbursable items required to perform emergency service (the “Services”) necessary to mitigate the property damage in accordance with industry standards. Customer understands that the services and equipment required for each situation are dependent on the size and nature of the loss. They are impossible to determine beforehand, with specificity. The services listed below are strictly by way of example and are not exhaustive. Customer understands and acknowledges that the list below demonstrates some of the services that may be required to mitigate the property damage in accordance with industry standards. Some of the necessary services may include, but are not limited to the following: • Mitigation & Remediation • Demolition/Removal of Irreparably Damaged Building Material • Interior Debris & Water Removal • Application of Deodorizers, Sanitizers &/or Anti-Microbials • Exterior Debris Removal & Clean-Up • Subcontract Services, to be provided by 3rd Party Vendors • Contents & Structure Cleaning • Interior Dry-Out, Environmental Control & Climate Controls • Emergency/Auxiliary Power • Engaging 3rd Party Labor Vendors, as needed to Complete Scope • Power Distribution, including Fuel • Other Services & Equipment known to be needed at time of loss 4. JURISDICTION, VENUE AND GOVERNING LAW: This Contract is subject to and shall be construed in accordance with the laws of the State of Maryland, unless applicable law requires otherwise. If any terms of this Contract are invalid or unenforceable under any statute, regulation, ordinance, executive order or other rule of law, such term shall be deemed reformed or severed only to the extent necessary to comply with such statute, regulation, ordinance, order or rule, and the remaining provisions of this Contract shall remain in full force and effect. Nothing contained herein shall be construed in favor of, or against, either party, simply by virtue of that party’s drafting of, or contribution to, the language or terms of any portion of this Contract or the Addenda, Attachments, and Exhibits hereto. NATIONWIDE CATASTROP HE RESPONS E Royal Plus, Inc. CAT Time & Material Contract 2024 Page 3 of 7 NATIONWID E CATASTROP H E RESPONS E 866-404-7587(PLUS) • www.royalplus.com Customer’s Initials: 5. INVOICE AND PAYMENT: Royal Plus, Inc., shall submit to Customer periodic invoices outlining amounts due in accordance with the rate schedules herein contained. Regardless of the form of the billing, Royal Plus Inc., shall bill and Customer shall pay in and in accordance with the Consideration and Terms and Unit Rate Schedule attached hereto as Exhibits A and B. If customer disputes any charges on any invoices, the disputed items and the nature of the dispute shall be clearly identified in writing by Customer within 10 days of receipt of the invoice, or within. Draws not paid when due, or Invoices not paid, within ten (10) days of due date shall accrue interest at the rate of 1.5% per month, or 18% annually, or the maximum allowed by law, if different from the rate stated herein. Customer shall not unreasonably withhold any payment or party of payment for any invoice or item on an invoice which is not based on a legitimate a reasonable dispute about which Service Provider has received notice within 10 days of invoice. 6. TERMS OF COMPENSATION: Customer agrees to and shall pay Royal Plus, Inc., the amount specified on its invoice(s) as submitted to customer for the project and at the rates set forth in the Exhibits hereto, including, but not limited to the Unit Rate Schedule and Consideration and Terms. Customer further agrees to pay Royal Plus Inc. an Emergency Draw of 20% (Twenty Percent) of agreed ROM (Rough Order of Magnitude) within 10 days of signing this contract and an additional 25% (Twenty Five Percent) within 3 days of work completion. (Not to Exceed 3 Days). Royal Plus, Inc. reserves the right to stop work if this emergency draw, or any other invoice submitted, is not paid in a timely fashion. Royal Plus Inc. will give customer at least 24 hours’ notice of the intent to stop work. Royal Plus, Inc., will request additional draws for work completed and shall bill in accordance with the Scope of Work and shall be compensated by the Customer for its services hereunder, based on the Considerations and Terms, which are attached hereto as Exhibit A, and made a part hereof, the prices stated in the Unit Rate Schedule, which attached hereto as Exhibit B, and made a part hereof, and any Addendum hereto, which is/are attached hereto and made a part hereof, as if fully set forth herein. Odor Removal or Treatment may be billed and compensated under a separate quote, unless otherwise specifically noted in this Contract. 7. INDOOR AIR QUALITY (IAQ) STATEMENT: Royal Plus Inc., shall not be responsible for the identification, testing, sampling, or removal of microbial growths, hazardous materials, and/ or other environmental pollutants now existing in any affected areas at higher than acceptable levels. Royal Plus Inc., recommends that, if Owner has any concerns relative to IAQ or if the property has a history of moisture- related problems, Customer should have, at Customer’s own Cost and separate from Service Provider’s fees, an indoor air quality pre-test conducted by an Industrial Hygienist or Indoor Environmental Professional (IEP) to determine and identify the existence of any microbial growth, hazardous materials, and/or other environmental pollutants, to develop a protocol for the their removal, abatement, or remediation (to be performed by an appropriately licensed and experienced Service Provider), and to conduct a post-test to determine that these growths, materials, or other pollutants now exist in affected areas at acceptable levels. If necessary, Royal Plus, Inc. may hire an Industrial Hygienist to perform certain services on behalf of the customer, such as but not limited scoping, testing, sampling, monitoring, or reporting. Royal Plus, Inc. may not be liable for any health, environmental, property damage, or other claims, of any kind or nature, related to IAQ at the property, and Customer hereby agrees to release, indemnify, and hold Royal Plus Inc., harmless relative to any and all such claims related to IAQ. 8. RESPONSIBILITY FOR PAYMENT/ASSIGNMENT OF INSURANCE: Customer hereby acknowledges full responsibility for payment of all sums due hereunder, and agrees to pay Royal Plus, Inc., for services as follows: Upon receipt of each Invoice. Such payment is not dependent in any way on insurance coverage for the loss, including FEMA and National Flood Insurance, or the receipt of insurance payment by Customer. If Customer has Royal Plus, Inc. CAT Time & Material Contract 2024 Page 4 of 7 NATIONWID E CATASTROP H E RESPONS E 866-404-7587(PLUS) • www.royalplus.com Customer’s Initials: hazard and/or other insurance with that may cover all or part of the work hereunder, Customer authorizes and directs said insurance company to make payment directly to Royal Plus, Inc., for said work and Customer assigns and transfers to Royal Plus, Inc., all right to collect and receive payment for the work from said insurance company. Customer agrees to endorse to Royal Plus, Inc., any insurance checks issued for said work promptly upon receipt of such insurance check. Failure to return the check to Royal Plus, Inc., within ten (10) days of receipt shall constitute a default hereunder. Customer further understands and agrees that if any insurance payment made on Customer's behalf fails to satisfy the obligation owed Royal Plus, Inc., in full, Customer will be responsible for any balance due, whether the same represents Customer's deductible under said policy, any depreciation, upgrade or otherwise. Customer agrees that Customer cannot delay or withhold payment to Royal Plus, Inc., resulting from any dispute that Customer may have with his/her insurance company, or any other party. This includes, but is not limited to, disputes over coverage, the nature of the loss, the value of the property, the amount tendered as payment to Customer under the policy, or disputes that are the result from third party recommendations. Customer will pay Royal Plus, Inc., in a timely manner and in accordance with the invoice and payment schedule contained herein, notwithstanding any dispute about which Royal Plus, Inc., has not received proper and timely notice. Nothing contained herein shall be construed to prevent Royal Plus, Inc., from establishing a Mechanics, Material, and/or Labor Liens, pursuant to applicable law, on the real property upon which the Scope of Work is performed, except where specifically prohibited by law. 9. DISCLOSURE NOTICE TO CUSTOMER: Royal Plus, Inc., reserves the right to withhold a percentage or negotiate early payment discounts to vendors and/or subcontractors and other Service Providers, which pay their invoices within a specific timeline. Royal Plus, Inc., assumes the risks by paying all vendors, subcontractors, and other Service Providers’ invoices during the project. No earned discounts as described above will be listed as project credits or applied as project credits and full value of invoice will be included in the bill. 10. DIGITAL RESOURCE TRACKING: To ensure timely and accurate recordkeeping, Royal Plus may utilize digital resource tracking, including barcoded equipment and crew sheets. Customer acknowledges and agrees to accept digital logs, verifications, and signatures. 11. REFERRALS DISCLOSURE: Royal Plus, Inc., reserves the right to pay third parties marketing fees, referral fees, and the like, based upon the value of the services it renders relative to this project, or an individual phase thereof where applicable by law. 12. INDEMNITY: Each party agrees to indemnify and hold harmless the other party hereto and the other party's shareholders, partners, directors, officers, employees and agents, from and against any and all claims, demands, causes of action and liabilities of any nature, whether for damages to property, and/or the conditions to which this Contract pertains, to the extent that any such claim, demand, cause of action and/or liability is attributable to the breach of contract, negligence or other fault of the indemnifying party. 13. WARRANTY – EMERGENCY REPAIRS and/or MITIGATION: The term “Mitigation,” for purposes of this Contract, means the following: Taking specific action, in accordance with recognized professional standards, to reduce and attempt to eliminate the impacts and risks of a specified hazard or hazards. (Examples include water intrusion and mold contamination.) Service Provider and Customer acknowledge that the property, which is the subject of the work, has been involved in a fire, flood, or other catastrophe. The nature and extent of the actual damages sustained by the structure are often not fully able to be determined until the work is well underway. Service Provider will perform the work in a professional and skillful manner, using recognized professional Royal Plus, Inc. CAT Time & Material Contract 2024 Page 5 of 7 NATIONWID E CATASTROP H E RESPONS E 866-404-7587(PLUS) • www.royalplus.com Customer’s Initials: standards for mitigation and/or temporary repair. However, due to the unforeseeable nature of the actual damage to the structure, Service Provider cannot, and therefore does not, guarantee that any of the property will be operational or free from defect following completion of the work. Moisture problems within the property should be identified, located, and corrected or controlled as soon as possible. Failure to do so may further hinder the mitigation and repair efforts of Service Provider. Unless otherwise specifically agreed in writing, signed by both parties hereto, it is the responsibility of the Customer and/or Property Owner, and not the Service Provider, to correct the source of the water intrusion, or to engage appropriate specialized experts to do so. Water or sewage contaminated building that have been wet for an extended period of time or have been chronically wet over a period of time, can develop mold contamination. If Service Provider encounters mold growth during the course of the performance of this Contract, water damage mitigation and temporary repair efforts shall cease until the area of existing or suspected mold contamination is contained. Any mold remediation to be done by Service Provider will be the subject of a separate agreement and separate pricing structure unless contemplated specifically in the scope of this Complete Agreement. Service Provider, at its sole discretion and in its sole professional judgment shall determine what services, if any, can be continued while mold remediation is being performed. 14. LEGAL REMEDIES: Prior to initiating Court Action or Litigation, the parties agree to attempt resolution of any dispute regarding this Contract or any part thereof, or the work contemplated hereunder, in an amicable fashion to that end, the parties agree that before any court action is filed, they shall attend at least two Mediation sessions with a qualified Mediator, agreed upon between the parties. The parties shall be equally responsible for the cost of such Mediation. In the event of any subsequent litigation or voluntary Arbitration involving this Contract, to enforce any provisions of this Contract, to enforce any remedy available upon default under this Contract, or to obtain a declaration of rights under this Contract, including the right to prompt payment for services, the prevailing party shall be entitled to recover from the other party attorney’s fees and costs as may be reasonably incurred, including, but not limited to, the cost of filing, service of process, paralegal services, reasonable investigation, preparation, and professional or expert consultation incurred by reason of bringing or defending such litigation and any appeal thereof. 15. ENTIRE AGREEMENT: This Time and Material Contract, together with any Exhibits, Attachments, and /or Addenda hereto, shall comprise the “Complete Agreement” of the parties with respect to the services to be performed and payments by Customer for those services. Either party, except as expressly stated in this “Complete Agreement” has made no engagements, promises, representations, or warranties, unless specifically set forth herein, and the parties hereby expressly disclaim all implied warranties. All modifications to this Contract shall be in writing and shall be signed by both parties hereto. These permissible written modifications shall include email, if sent in accordance with the provisions of Item 2, of this document. 16. ERROR AND OMISSIONS CLAUSE: Both parties acknowledge that unintentional errors or omissions may occur in this contract. In such cases, the party identifying the error or omission shall notify the other party in writing. Both parties agree to cooperate in good faith to correct any identified errors or omissions promptly. Corrections made shall be deemed effective as of the contract's original effective date. Neither party shall be liable for incidental or consequential damages arising from such errors or omissions, provided they are rectified in a timely manner. This provision shall be governed by the laws of Maryland. Royal Plus, Inc. CAT Time & Material Contract 2024 Page 6 of 7 NATIONWID E CATASTROP H E RESPONS E 866-404-7587(PLUS) • www.royalplus.com Customer’s Initials: 17. TERMINATION: Termination by Customer will require at least fifteen (15) days advance written notification of Customer’s intent to terminate. In the event of termination of this Contract by Customer, Royal Plus, Inc., shall be entitled to compensation for all labor, equipment and materials furnished, start-up and anticipatory costs, including but not limited to estimating costs, management costs, set-up charges, permits and fees, together with overhead and profit on all such items furnished through date of termination, in the amounts established for each item in Exhibit A (Considerations and Terms), Price Items, Unit Rate Schedule 18. TIME SPENT WITH CUSTOMER HIRED THIRD PARTIES: Royal Plus, Inc., will bill customer based on Time and Material billing method and in accordance with the Complete Agreement between the parties, as previously defined herein. Royal Plus, Inc., will bill according to the Considerations and Terms and the Unit Rate Schedule (Exhibits A and B, respectively) for each necessary item, unit of time, or other service necessitated by Customer’s engagement of a third- party loss consultant, accountant, or any other third party that may be hired by customer or an indirect party of customer such as adjuster, insurance carrier. Royal Plus, Inc., also has the right to deny part or all recommendations if they do not align with this Contract agreed upon by Royal Plus, Inc., and Customer. It is understood that Royal Plus, Inc., will be acting as a consultant when communicating with any third party that did not sign or agree to this agreement. 19. ATTACHMENT NOTICE: The parties hereto agree that they have reviewed this Time and Material Contract, and the attached and incorporated documents which include, but are not limited to any and all Exhibits, Addenda, Draw Schedule, Attachments, required Contract Disclosure(s) if applicable (such as in Florida), and any Defined Specifications. The parties further understand and agree that the terms of the various component documents, which are known collectively as the "Complete Agreement." 20. UFORSEEN CONDITIONS AND ACTS OF GOD: This agreement is subject to force majeure, including without limitation, accidents, acts of God, fire, explosion, vandalism, weather conditions, labor strikes, national emergencies, or other delays beyond reasonable control. Royal Plus, Inc. shall not be held responsible for reasonable delays caused by such events. 21. ACKNOWLEDGMENT AND AGREEMENT OF CUSTOMER OR SIGNER: The undersigned Customer, or the designated authorized Agent thereof, certifies, that he or she has read, understands, and agrees to be bound by this collective “Complete Agreement,” as defined in Item 17, above. The Undersigned further represents that he or she has had the opportunity to ask questions and consult with legal counsel regarding the terms of this Complete Agreement, and that he or she further the authority to, and does authorize undersigned Service Provider/Service Provider to perform the services contemplated by this Contract in accordance with the terms of the Complete Agreement, as, or on behalf of the Property Owner. ROYAL PLUS, INC.: “CUSTOMER” (or Authorized Representative): BY: Signature Date Signature Date Printed Name Title Printed Name Title NATIONWID E CATASTROP H E RESPONS E 866-404-7587(PLUS) • www.royalplus.com Page 1 of 4 Customer’s Initials: CONSIDERATION AND TERMS For TIME AND MATERIAL CONTRACT EXHIBIT A WITH INCORPORATED UNIT RATE SCHEDULE CONSIDERATION AND TERMS: This agreement including Price Schedules, Consideration and Terms are part of the agreement between Service Provider and Customer. This is a binding agreement and cannot be modified by any other parties except for Service Provider and Customer who signed and executed this agreement. All changes must be approved by all parties in writing and if agreement cannot be reached then the original agreement will remain in place for this project. Service Provider does not guarantee this will be accepted by any other parties. Standard Rate/Hour: The Standard Rate is the hourly rate for work performed during a standard workday, per the attached published Labor Classification. Standard Workdays are defined as Monday – Friday. PREMIUM RATE/HOUR: The Premium Rate/Hour billable as Overtime shall be billed at the rate of one and one- half (1.5) times the standard rate per hour for work performed by each person that works more than eight (8) hours per day, or for work performed other than during the standard work week defined as Monday - Friday. Weekends starting on Saturday and ending on Sunday will be billed at one and one-half (1.5) times the Scheduled Hourly Rate. Double time will be charged at two (2) times the Standard Rate for Holidays, or any other special circumstance as defined in the Contract. Overtime is related to recorded time for this project only. AFTER-HOURS, After Hours will be billed based on the following: After hours start at 5:00PM and end at 7:00AM Daily and will continue for the duration of this project. “After Hours” is billed at (1.5) x rate factor of published labor rate. LABOR HOUR RATE MODIFIER: During National Catastrophes and/or in Large Metro Areas and Cities such as but not limited to New York City, Los Angeles, Chicago, etc., a Rate Modifier will be added to the published labor hourly rates listed above. These modifiers will be added as a Mark-up %. The Rate Modifier for this project will be ( ) %. (If Labor Rate Modifier is not applicable, enter “0” in the blank above.) NATIONAL OBSERVED HOLIDAYS: New Year’s Day, Marin Luther King Jr Day, Presidents Day, Columbus Day, Veterans Day, Easter, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Eve, Christmas Day, and New Year’s Eve Any work performed on a holiday shall be billed at two times (2.0) times the Standard Attached Published Rate per hour. Other Holidays may exist that are not listed above and will be billed at holiday rate. TRAVEL TIME TO THE EVENT AREA: Time will be billed on the Portal-to-Portal Basis (i.e.: Place of Origin). This will be billed at the above published rate for each labor classification for each driver. Passengers will be billed at the General Labor Classification except for CDL and DOT drivers. These classifications will be for CDL driver labor classification. TRAVEL TIME TO JOBSITE: Due to traffic conditions, fuel availability, and housing shortage, time will be billed at 3 (three) hours per person, at General Labor classification off the Unit Rate Schedule, except for CDL and DOT drivers. These rates will be based on the Unit Rate Schedule for CDL and DOT labor classification. LABOR STAND-BY: When circumstances beyond NATIONWID E CATASTROP H E RESPONS E 866-404-7587(PLUS) • www.royalplus.com Page 2 of 4 Customer’s Initials: our control require Personnel are to be delayed from beginning work, the Standard Rate per hour will be charged, per person delayed. A minimum of four (4) hours will be billed. Vehicles will be billed by mileage per the Unit Rate Schedule. SMALL TOOLS FEE: Small tools are defined as tools such as brooms, rakes, shovels, hammers, pry bars, razor knives, chalk box, pliers, screw drivers, and other non-scheduled items. Excludes battery operated or power hand tools. This will be billed at three percent (3%) of total billable laborers per day for any labor class that is performing services on the project. The general rule is a supervisor and his/her crew qualify for Small Tools charge. In certain circumstances, a project manager may qualify for small tools if they are directly running crews on the project. PERSONAL SAFETY EQUIPMENT Shall be billed at Thirty Six Dollars ($36.00) of total billable laborer per day for any labor class that is performing services on this project. Personal Safety Equipment may consist of safety vest, hard hats and safety glasses. CAT FEE: During named catastrophic events , the support required from all offices that have personnel in the field and out of town is a tremendous cost to the overall preparedness, along with IFTA taxes, DOT inspections, CDL and DOT training, certifications, licenses, and year-round maintenance. The CAT fee covers the risks involved with emergency situations without limited to mobilization, transportation, equipment , administrative support for the project daily operations, handle increase payroll needs, communication support, offsite office equipment and supplies, and other cost related to support of field operations. This also includes resources to put in place to optimize efficiency, such as delivery to jobsites for equipment refueling, and strategic placement of equipment, vehicles and refueling. The CAT Fee percentage rate for this project will be six percent (6%) of total bill. PRODUCTION LABOR: Production Labor are those outside services provided for within the scope of the project and incurred by the company in its execution of the project. Production Labor will be scheduled based on the published Labor Classification and Hourly Unit Rates listed on the Exhibit B Price List. The cost of these outside services will include overtime as described in Premium Rate/Hour and all other applicable billable items, including but not limited to (Per Diem, Small Tools, Vehicles, Mileage, Lodging), as Published in Exhibit B. SPECIALTY TRADES: Specialty Trades, to include but not limited to, electricians, plumbers, power distribution companies, mechanical and roofing will be billed at Invoice (cost) plus twenty-one percent (21%) management fee. COST PLUS ITEMS PURCHASED: Service Provider may be required to purchase additional items to complete the projects that are not listed on the published price list. These items will be billed based on Receipt (cost) plus twenty-one percent (21%) Management Fee.TRAVEL: Travel shall include, but shall not be limited to, such means as airfare and rental cars. Travel expenses will be billed at cost, plus twenty-one percent (21%) Management fee, categorized for billing purposes under Reimbursables. LODGING ALLOWANCE: Billed to Customer on a daily allowance based on the actual circumstances such as travel trailers, camps, etc. The flat daily rate per applicable labor for this project is $150.00 per person, per day. This will be billed based on each applicable labor input. Billed under labor associated fees. No other supporting documentation will be required such as but not limited to lodging receipts. Service Provider reserves the right to bill hotel invoices, if applicable plus twenty-one percent (21%) Management Fee. Customer understands and agrees that backup documentation for actual hotel cost, including, but not limited to, receipts or hotel folio may not be provided until the final bill for each project. If adjustments are needed to match the total cost of hotels billed in the progress and final bill, this will be completed as a line item under Reimbursables. NATIONWID E CATASTROP H E RESPONS E 866-404-7587(PLUS) • www.royalplus.com Page 3 of 4 Customer’s Initials: MEAL ALLOWANCE If applicable, per diem (A MEAL ALLOWANCE)will be billed for each laborer working out of town at a minimum rate of $50.00 per day plus twenty-one percent (21%) Management Fee a total of $60.50 per day per laborer. Per Diem, A MEAL ALLOWANCE for purposes of this Agreement means cost incurred by Service Provider, whether per diem is paid directly or indirectly to the individual, included in other compensation, such as, but not limited to, cost for food and drink provided to the laborers by Service Provider. If the A MEAL ALLOWANCE Per Diem amount per person is disputed, then the A MEAL ALLOWANCE per diem value will be determined by the published rates set by the United States General Services Administration (GSA) and no other supporting documentation will be required. VEHICLE/EQUIPMENT FUEL AND MILEAGE: Mileage will be charged at the published IRS rate / large diesel vehicles will be charged at a Minimum of $6.00per mile. Service Provider reserves the right to bill published mileage rate. Generators may be fueled at minimum 2 (two) times per day in order to prevent operation interruption. SCHEDULED EQUIPMENT: The equipment scheduled in the attached price list is not to be considered company owned equipment and Service Provider may, at their option, use company owned and/or rented equipment and bill based on the published daily rate. The published price list attached is not to be considered a complete list and only represents the more commonly used equipment items. UNSCHEDULED EQUIPMENT RATES: During the project, the Service Provider may find it necessary to purchase or rent equipment not scheduled under Equipment and Tools price items. In those situations, the Service Provider will bill a Daily Rate for the use of this equipment during the project. EQUIPMENT AND CONSUMABLE CAPS: Equipment and Consumable CAPS must be brought to the Service Provider’s attention within seven (7) days of start date for project. Customer understands and agrees that Service Provider reserves the right to refuse caps related to percentage of retail value, and caps which are limited to number of days. Customer agrees to pay full published daily rate if no agreement can be reached related to Equipment and Consumable Caps (retail or limited to number of days) even if it is not covered by insurance or any other paying third party. EQUIPMENT RENTAL TERMS: Equipment rentals are charged on a port-to-port basis. Equipment Define and include a 7-day minimum … list minimum rental ASSETS DAMAGED BY CUSTOMER: If any company owned, leased or rented asset is damaged or rendered unfit for use by the actions or inactions of the Customer, its agents or representatives, the Customer shall be responsible for replacing such asset at their expense. This will be billed at cost plus any applicable associated cost plus a ten percent (10%) handling fee. TRIPLE SHIFT RATES: During named catastrophic events, these rates will apply if equipment operation of generators and/or light tower while in operation. Triple shift will be billed in addition to Service Providers published rate on Service Providers Unit Rate Schedule Exhibit B. ORDERED EQUIPMENT: Any Special Equipment Ordered that is required for the project shall be billed at a Minimum of One Day Rental plus any applicable charges such as but not limited to Labor, Freight, Taxes, Permits will be billed at cost plus twenty one percent (21%) Management Fee. These charges are applicable whether Equipment is used or not on the project. GENERATORS: In the event of a named catastrophic event, there shall be a minimum 7 (seven) day rental rate as published in Exhibit B plus ALL cost incurred if power is restored upon arrival or Customer cancels generator order. It is also understood that Service Provider makes no guarantees on timelines for arrival during catastrophic events or any other circumstance. If canceled or power is restored Service Provider will bill published rate for the generator for the minimum charge as stated above. Service Provider will bill all cost related. NATIONWID E CATASTROP H E RESPONS E 866-404-7587(PLUS) • www.royalplus.com Page 4 of 4 Customer’s Initials: MATERIALS PURCHASED DIRECTLY: In the event a Material/Supply is specifically purchased for the completion of the work, and that item is not identified in the published rates, such Material/Supply purchased directly will be billed at cost, Plus Twenty-One Percent Management Fee (21%). SOLUTIONS PURCHASED DIRECTLY: In the event a solution is specifically purchased for the completion of the work and that item is not identified in the published price list, the product purchased directly will be billed at cost, plus twenty-one percent (21%) Management Fee. The scheduled prices above shall be charged for all solutions utilized in the performance of the services provided, whether shipped directly, dropped shipped by a third party or locally purchased. The published price list attached is not to be considered a complete list and only represents the more commonly used products. FREIGHT: All freight related charges for delivery and pick up to and from job site will be billed at cost plus twenty-one (21%) Management Fee. If temporary storage is required for Equipment, Materials, and other supplies the storage of these items will be billed at cost plus twenty-one (21%) Management Fee. OTHER RELATED OR REQUIRED SERVICES: If special services are required for project and not listed in the published Unit Rate Schedule or in this consideration and terms it will be billed at cost plus 21% Management Fee. TAXES AND PERMITS: The published rates exclude Federal, State and Local Taxes. These will be verified and if applicable will be added to bill and a tax summary will be provided. Permits will be added at cost plus 21% Management Fee. CAVEATS: The published labor rates exclude prevailing wage laws and/or collective bargaining agreements. The rates in schedule B are subject to change at any time. CUSTOMER OR CUSTOMER’S REPRESENTATIVE HEREBY CERTIFIES: As, or on behalf of the Customer named herein, I, , have read and do understand that Exhibit “A” is part of this Complete Agreement, regarding the Project described in the Contract. Service Provider will bill Customer based on its Published Rates, as shown in Exhibit B. The Complete Agreement, as signed by the parties or their authorized representatives, shall be read together, in its entirety, for purposes of ascertaining a cohesive understanding of the totality of the Agreement between the parties. Royal Plus, Inc : “CUSTOMER” or Authorized Representative: Signature Date Signature Date Printed NATIONWID E CATASTROP H E RESPONS E 866-404-7587(PLUS) • www.royalplus.com Page 5 of 4 Customer’s Initials: ADDENDUM TO TIME AND MATERIAL CONTRACT This Addendum is entered into this ___ day of ____________, 20___, and forms a part of the Time and Material Contract dated ____________, 20___ (the "Contract"), by and between Royal Plus, Inc. ("Service Provider") and __________________ ("Customer"). WHEREAS, the parties wish to amend certain provisions of the Contract; NOW, THEREFORE, in consideration of the mutual promises and covenants set forth herein and other good and valuable consideration, the parties agree as follows: Travel, Lodging, and Meal Costs All travel costs, lodging, meal allowances, and food per diem costs referenced or implied in the Contract, including its exhibits and attachments, are hereby REMOVED. These costs have been built into the cost of services provided in the bid sheets. Exception: In catastrophic, to include but not limited to named storms or situations where there is a significant need to pull resources from various cities, states, or regions, and where the cost to mobilize crews, fuel equipment, and relocate assets is substantial, travel, lodging, meal allowances, and related costs shall be charged to Customer. Prior to invoking this exception, written approval for incurring travel, lodging, and meal expenses must be obtained from the customer. Section 1: Incorporation of RFP Section 1 is amended to include: "The RFP issued for this project is incorporated as Exhibit D. If there are any terms found to conflict with the RFP (Exhibit D), the RFP terms shall prevail." Further, the term of the Contract is amended as follows: "The term of this agreement shall be for one (1) year, with four (4) optional one-year renewal terms, as specified in RFP 26-25." Section 4: Jurisdiction Section 4 is amended to read: "This Contract shall be governed by, and construed in accordance with, the laws of the State of Florida, unless applicable law requires otherwise." Section 6: Emergency Draw Section 6 is amended to read: "Except during a catastrophic situation where the costs to mobilize resources, fuel equipment, and move equipment are substantial, no Emergency Draw is required. In the event of a catastrophic situation, Customer agrees to pay Royal Plus, Inc. an Emergency Draw of 20% (Twenty Percent) of the agreed ROM (Rough Order of Magnitude) within 20 days of signing this Contract." NATIONWID E CATASTROP H E RESPONS E 866-404-7587(PLUS) • www.royalplus.com Page 6 of 4 Customer’s Initials: Section 8: Assignment of Insurance Section 8 is amended by deleting the following language in its entirety: "If Customer has hazard and/or other insurance with that may cover all or part of the work hereunder, Customer authorizes and directs said insurance company to make payment directly to Royal Plus, Inc., for said work and Customer assigns and transfers to Royal Plus, Inc., all right to collect and receive payment for the work from said insurance company. Customer agrees to endorse to Royal Plus, Inc., any insurance checks issued for said work promptly upon receipt of such insurance check. Failure to return the check to Royal Plus, Inc., within ten (10) days of receipt shall constitute a default hereunder." Effect of Addendum Except as expressly modified herein, all terms and conditions of the original Contract shall remain in full force and effect. This Addendum may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Royal Plus, Inc : “CUSTOMER” or Authorized Signature Date Signature Date 1 EMERGENCY RESPONSE MITIGATION AND RESTORATION SERVICES AGREEMENT This Emergency Management Resources Agreement (this “Agreement”), is entered into as of this 1st day of July, 2025 (the “Effective Date”) by and between the CITY OF CLEARWATER, FLORIDA (“City”) and SLSCO LTD., a Texas limited partnership duly authorized to do business in the State of Florida (“Contractor”), individually referred to as the “Party” and collectively referred to as the “Parties.” WHEREAS, the City of Clearwater issued a Request for Proposal entitled Request for Proposal 26-25 Emergency Response Mitigation and Restoration Service dated April 11, 2025 (the “RFP”), a copy of which is attached hereto as Exhibit A; and WHEREAS, Contractor submitted a response to the RFP (the “Proposal”) and was notified of its selection as awardee by Notice of Award dated [_______ __, 2025] (the “Notice of Award”); and WHEREAS, the City wishes to engage Contractor, and Contractor wishes to provide those services described in the RFP from time to time on behalf of the City. NOW, THEREFORE, in consideration of the mutual promises and covenants herein exchanged, and for other good and valuable consideration, the Parties agree as follows: 1. Purpose. The purpose of this Agreement is to provide emergency response mitigation and restoration services as described in the Detailed Specifications set forth in Section 5 of the RFP, and in Purchase Orders subsequently assigned to Contractor by the City pursuant to this Agreement, each of which shall be incorporated herein as an Exhibit B (B-1, B-2, etc.). a. Contract Documents. The “Contract Documents” are comprised of the following: i. This Agreement (including amendments hereto) ii. EXHIBIT A: the RFP iii. EXHIBIT B: Purchase Orders issued to Contractor hereunder iv. EXHIBIT C: Contractor’s Proposal (including Pricing) b. Order of Precedence. In the event of a conflict in terms or provisions of these exhibits or between any of the components of this Agreement, the order of precedence for resolving such conflict shall be as follows with (i) being the highest: i. Exhibit A: the RFP ii. The express terms of this Agreement, minus Exhibits iii. Exhibit B: Purchase Orders issued to Contractor hereunder iv. Exhibit C: Contractor’s Proposal (including Pricing) 2 2. Term. This Agreement shall begin upon the Effective Date and shall continue for a period of one (1) year (the “Initial Term”) with the option to renew for up to four (4) additional one-year terms (each, a “Renewal Term” and collectively with the Initial Term, the “Term”), provided both parties agree and the terms and conditions remain the same, unless earlier terminated as set forth herein. 3. Scope of Work. The Scope of Work shall be included in each Purchase Order issued to Contractor hereunder, but generally includes emergency mitigation and restoration services at City-owned facilities or sites as directed caused by wind and water due to events including but not limited to flooding, windstorm, lightning, failures due to electrical, plumbing, mechanical failures, or any other incidents which may cause damage to City property, as described in Section 5 of the RFP entitled Detailed Specifications. Contractor shall plan and carry out all work in a professional, efficient and satisfactory manner. All personnel, including subcontractors, shall conduct themselves with courtesy and professionalism. 4. Invoicing and Payment. Contractor shall invoice the City on a per-event and per location basis according to the terms and conditions contained in the agreement for all services provided in accordance with the rates set forth on the Pricing Sheet included with Contractor’s Proposal. If the emergency services require both water mitigation and reconstruction services, Contractor shall provide separate ROM estimates for each of the categorized services as outlined below. These ROM estimates shall be submitted for City approval prior to work commencement. Costs must be itemized for labor, materials, equipment, and specialty subcontractors. Any additional fees outside those listed on the Pricing Sheet shall be uploaded as a separate attachment. a. Water Mitigation ROM and Payment Terms. i. The initial ROM for water mitigation services will cover all work related to water extraction, drying and other mitigation tasks, and consumables related thereto. ii. Upon City’s approval of the Water Mitigation ROM, City shall issue a formal Notice to Proceed and Contractor may submit a Mobilization Draw of twenty-five percent (25%) of the approved ROM for water mitigation services. iii. Contractor shall submit separate invoices for the approved and completed services described in the Water Mitigation ROM pursuant to the following schedule: 1. First draw = 25% (at time of mobilization / start up) 2. Final draw = 100% completion iv. The City’s authorized representative will assist in the assessment for validation of the percentage of work completed and approve payments based on verified milestones. b. Reconstruction ROM and Payment Terms. i. The ROM for reconstruction services will cover all tasks related to the repair or rebuilding of the affected infrastructure, structures, or systems. 3 ii. Upon City’s approval of the Reconstruction ROM, City shall issue a formal Notice to Proceed and Contractor may submit a Mobilization Draw of twenty-five percent (25%) of the approved Reconstruction ROM. iii. The Contractor shall submit separate invoices for the approved and completed services described in the Reconstruction ROM based on the percentage of work completed for reconstruction tasks, subject to the City's verification of completed milestones, pursuant to the following schedule: 1. First draw = 25% (at time of mobilization / start up) 2. Second draw = 50% completion 3. Final draw = 100% completion iv. The City’s authorized representative will assist in the assessment for validation of the percentage of work completed and approve payments based on verified milestones. c. All invoices shall include the following information: i. Site Location Address ii. Loss Date (date of incident damage) iii. Service Period iv. Services/Product rendered v. Unit prices in accordance with Pricing Sheet and/or additional fees vi. Unique invoice number vii. Purchase Order (PO) number d. Contractor invoices shall be payable by the City thirty (30) days after receipt. In the event that any portion of a submitted invoice is rejected or requires additional supporting documentation, the City shall pay the undisputed portion and Contractor shall be given reasonable time to provide the requested backup for any such disputed amounts. e. Contractor acknowledges that the City may submit its costs incurred in connection with this Agreement and the services provided herein to FEMA for reimbursement; provided, however, that the City shall be solely responsible for payment of Contractor invoices as described herein. f. The City is exempt from paying state and local sales/use taxes and certain federal excise taxes and will furnish an exemption certificate upon request. 5. Termination. a. Termination for Convenience. Either Party may terminate this Agreement upon thirty (30) calendar days’ written notice to the other Party. b. Termination for Conflict of Interest. The City may terminate this Agreement, without penalty or further obligation, if any person significantly involved in initiating, securing, drafting, or creating this Agreement for the City becomes an employee or agent of Contractor. 4 c. Termination for Non-Appropriation and Modification for Budgetary Constraints. The City is a governmental agency which relies upon the appropriation of funds by its governing body to satisfy its obligations. If the City reasonably determines, in its sole discretion, that it does not have funds to meet its obligations under this Agreement, the City will have the right to terminate this Agreement without penalty on the last day of the fiscal period for which funds were legally available. In the event of such termination, the City agrees to provide written notice of its intent to terminate thirty (30) calendar days prior to the stated termination date. d. Payment to Contractor Upon Termination. Upon termination of this Agreement for any reason, Contractor will be entitled to payment for those services performed up to the date of termination, and any authorized expenses already incurred up to such date of termination. The City will make final payment within thirty (30) calendar days after the City has both completed its appraisal of the materials and services provided and received Contractor’s properly prepared final invoice. 6. Default. a. A Party will be in default if that Party: (i) is or becomes insolvent or is a Party to any voluntary bankruptcy or receivership proceeding, makes an assignment for a creditor, or there is any similar action that affects Contractor’s capability to perform under this Agreement; (ii) is the subject of a petition for involuntary bankruptcy not removed within sixty (60) calendar days; (iii) conducts business in an unethical manner or in an illegal manner; or (iv) fails to carry out any term, promise, or condition of this Agreement. b. Contractor will be in default of this Agreement if Contractor is debarred or suspended in accordance with the Clearwater Code of Ordinances Section 2.565 or if Contractor is debarred or suspended by another governmental entity. c. Notice and Opportunity to Cure. In the event a Party is in default then the other Party may, at its option and at any time, provide written notice to the defaulting Party of the default. The defaulting Party will have thirty (30) days from receipt of the notice to cure the default; the thirty (30) day cure period may be extended by mutual agreement of the parties, but no cure period may exceed ninety (90) days. A default notice will be deemed to be sufficient if it is reasonably calculated to provide notice of the nature and extent of such default. Failure of the non-defaulting Party to provide notice of the default does not waive any rights under this Agreement. d. Anticipatory Repudiation. Whenever the City in good faith has reason to question Contractor’s intent or ability to perform, the City may demand that Contractor give a written assurance of its intent and ability to perform. In the event that the demand is made and no written assurance is given within five (5) calendar days, the City may treat this failure as an anticipatory repudiation of this Agreement. 7. Indemnification. The Indemnification/Liability provisions set forth in Section 4.25 of the Standard Terms and Conditions in the RFP shall govern and control and such Section 4.25 is incorporated herein by reference. 5 8. Limitation of Liability. Neither Party, nor their respective principals, partners, officials, employees or agents, shall be liable to the other for indirect, punitive, exemplary or consequential damages. Neither Party’s officers, directors, officials, agents or employees shall have personal liability to the other Party under this Agreement except in cases of fraud or intentional misconduct. 9. Insurance. Contractor shall comply with the Insurance Requirements set forth in Article 6 of the Standard Terms and Conditions contained in the RFP, which Article 6 is incorporated herein by reference. 10. Entire Agreement. This Agreement, including all documents or exhibits attached hereto and incorporated by reference, contains the entire agreement between the Parties with respect to the subject matter hereof and all prior or contemporaneous agreements or understandings whether written or oral are merged into this Agreement. No modification or amendment shall be valid unless made in writing, signed by the Parties, and approved as required. 11. Governing Law. This Agreement shall be 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. 12. Counterparts; Captions. This Agreement may be executed in one or more counterparts, each of which when executed shall be deemed to be an original, and when taken together shall constitute one and the same Agreement. Electronic, facsimile or PDF image signatures shall be treated as original signatures. The section captions and/or headings in this Agreement are for convenience and reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. 13. Notices. Unless otherwise specified, notices given pursuant to this Agreement shall be effective upon receipt and given in writing, sent via certified or registered mail with return receipt requested, commercial delivery service with delivery confirmation, or hand delivery, and addressed as follows: To the City: To the Contractor: City of Clearwater SLSCO, LTD. Attn: Procurement Office Attn: Matt Tindall [_________________] P.O. Box 17017 Clearwater, FL [___________} Galveston, TX 77552 14. Jointly Drafted Agreement. The Parties agree that they participated jointly in negotiating and drafting this Agreement and that no rule of construction shall apply to this Agreement which construes any language, whether ambiguous, unclear, or otherwise, in favor of or against any Party by reason of that Party’s role in drafting this Agreement. 15. Standard Terms and Conditions. The Standard Terms of Conditions included as Article 4 of the RFP are expressly incorporated herein by reference as if fully set forth in this Agreement. Failure to specifically reference any term or condition contained in Article 4 Standard 6 Terms and Conditions shall not be deemed a waiver or release of their applicability to this Agreement and the services to be performed by Contractor on behalf of the City. [Signatures on following page] 7 Signature page of Services Agreement IN WITNESS WHEREOF, the Parties have agreed to the foregoing, intending to be legally bound hereby. CITY OF CLEARWATER SLSCO LTD. ___________________________ ____________________________ By:_________________________ By: _________________________ Its:_________________________ Its: _________________________ Date:___________________ Date:___________________ 8 Exhibit A Request for Proposal 26-25 Emergency Response Mitigation and Restoration Service (attached) 9 Exhibit B Purchase Orders issued to Contractor hereunder (B-1, B-2, etc.) 10 EXHIBIT C Contractor’s Proposal (including Pricing) (attached) Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#25-0757 Agenda Date: 9/4/2025 Status: Public HearingVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 6.6 SUBJECT/RECOMMENDATION: Approve a Capital Project Funding Agreement grant for the renovations of the Eddie C. Moore Softball Complex, Fields 1 through 4 in the amount of $7,750,000, between Pinellas County and the City of Clearwater and authorize the appropriate officials to execute same. SUMMARY: The city has been awarded a grant from Pinellas County in the amount of $7,750,000 for the renovations and improvements to the Eddie C. Moore Complex Fields 1 - 4 located at 3050 Drew Street. The E.C. Moore Complex is Clearwater’s National and State award-winning facility featuring nine softball fields and two soccer fields. The oldest of the softball fields, Fields 1 - 4, were built in the early 1980’s and need renovation and refurbishment. Funds from this grant will be matched by the city to establish a project that will include the construction of a new two-story press box building featuring expanded restrooms, multipurpose spaces, an elevator, the necessary technology to broadcast games on TV and radio, as well as new dugouts with restrooms, permanent seating, scoreboards, LED lighting for all nine softball fields, landscaping and site work needed to support the overall project. This renovation is estimated to cost between $17,750,000 to $20,000,000 and is anticipated to be completed prior to the ESPN Invitational Tournament to be held in February 2028. Request for Qualifications (RFQ) for the design of this project has been received and a recommendation regarding the selected design team will be forth coming at a future City Council meeting. A capital project, C2510 - E.C. Moore Renovation was established in the fiscal year 2024/25 budget with funding planned for renovations to the Softball Complex. In addition, this project includes funding for renovations to E.C. Morre Soccer Fields East and West while the complex is under construction. The total project budget for E.C. Moore Renovations is anticipated to be $21,850,000. The project funding includes this TDC award of $7,750,000; $100,000 of General Fund revenue currently available, and future General Fund revenue of $14,000,000 budgeted in fiscal years 2026 through 2029. When completed, minimal additional operating impacts, if any, will be incurred in support of this project as this is a renovation and much of the existing inefficient and outdated infrastructure will be replaced and sufficient staffing is already in place for maintenance. Under this agreement the city will provide various marketing and sponsorship benefits to Visit St. Pete-Clearwater (VisitSPC) for a period of ten years. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A STRATEGIC PRIORITY: Approval of the purchase order supports several Strategic Plan Objectives, including:   Page 1 City of Clearwater Printed on 9/2/2025 File Number: ID#25-0757 ·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. ·1.5: Embrace a culture of innovation that drives continuous improvement and successfully serves all our customers. ·2.3: Promote Clearwater as a premier destination for entertainment, cultural experiences, tourism, and national sporting events. ·3.1: Support neighborhood identity through services and programs that empower community pride and belonging. Page 2 City of Clearwater Printed on 9/2/2025 1 CAPITAL PROJECT FUNDING AGREEMENT Eddie C. Moore Complex THIS AGREEMENT (“Agreement”) is made and entered into as of the ____ day of , 20 (“Effective Date”), by and between Pinellas County, a political subdivision of the State of Florida (“County” or “VisitSPC”) and the City of Clearwater, a municipality (“Organization”) (collectively, the “Parties” or individually a “Party”). WHEREAS, in accordance with Section 118-32 Pinellas County Code and Florida Statutes § 125.0104, the County is authorized to utilize tourist development tax revenues to fund statutorily eligible capital projects; and WHEREAS, in order to equitably and consistently evaluate capital project funding requests, the County adopted Capital Project Funding Guidelines, which established both the requisite criteria, documents, studies and related financial information to be submitted by a capital funding applicant, as well as the capital project funding application and review process; and WHEREAS, as part of the review and evaluation process, the County hired a consultant to review capital project funding applications and to provide a report of same to both the County and the Tourist Development Council for their consideration when evaluating capital project funding applications; and WHEREAS, after due consideration of the capital project funding applications, the Consultant’s report and the recommendations of its Tourist Development Council, the County has approved the funding of certain capital projects determined to best promote tourism in Pinellas County; and WHEREAS, the County, through its Board of County Commissioners agrees to provide Organization with funding for the Capital Project, as defined herein, in the amount and in accordance with the terms and conditions described herein; and WHEREAS, this agreement sets forth the rights and obligations of the Parties related to the capital project, funding, and related matters. NOW, THEREFORE, in consideration of the foregoing recitals, the mutual promises contained herein and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the Parties agree as follows: 1. RECITALS. The above recitals are true and correct and are adopted as an integral part of this Agreement. 2. DEFINITIONS. In addition to other capitalized terms or phrases that may be defined elsewhere in this Agreement, the following capitalized terms have the meaning set forth as follows: 2 A. “Capital Project” or “Project” means that certain statutorily eligible project/facility as described in Exhibit A. B. “Commencement Date” means the date that Organization commences construction of the Capital Project improvements on the project site after completion of the project design and the issuance of all permits and approvals necessary to construct the Capital Project. C. “Repayment Amount” means the specific amount repayable to the County by the Organization under the circumstances of paragraph 6(F) herein, which will be calculated as follows: REPAYMENT AMOUNT=A x (B/C) where: A - is the final aggregate amount of funds actually disbursed to the Organization by the County per the agreement; B - is the number of complete calendar months remaining per the term of the Tourism Promotion Benefits as stated in Exhibit B, if the circumstances of 6(F) occur; and C - is the total number of months under the term of the Tourism Promotion Benefits as stated in Exhibit B. D. “Tourist Promotion Benefits” means any and all tourism, sponsorship and/or marketing benefits provided by Organization to promote the destination, including but not limited to such Tourism Promotion Benefits as may be negotiated by County staff as part of the consideration for the County funding of the Project, as further described in Exhibit B. E. “Tourist Tax Revenues” means any legally available tourist tax revenues levied and collected by the County pursuant to Section 125.0104, Florida Statutes, for capital funding of the Project in accordance with the County's Tourist Development Plan. 3. TERM. The term of this Agreement will commence on the date executed by the County, below (“effective date”) and continue in full force and effect for three (3) years ("Term"), unless otherwise terminated as provided herein. 4. CONDITIONS PRECEDENT TO CAPITAL PROJECT FUNDING. The disbursement of, and any continued funding for the Capital Project herein, is subject to the following conditions precedent during the Term: A. Organization continues to own and operate Capital Project improvements. B. Organization provides the Tourism Promotion Benefits to the County as described in Exhibit B. C. Florida law and The Plan authorize tourist tax revenues to be expended for such capital improvements. D. The Commencement Date occurs no later than March 1, 2027, and the Capital Project is completed no later than three years from the Effective Date of this agreement. 3 E. Any and all match requirements, as applicable, have been met. F. For projects requiring matching funds, match funds must be maintained and County must be notified immediately if those match funds are lost or become unavailable. G. Any and all private funds utilized in a capital project funded herein, must be expended first before County funds are expended on the Capital Project. 5. COUNTY'S RESPONSIBILITIES. Upon the Organization providing any documentation establishing satisfaction of the conditions precedent as required in Section 4, the County agrees to pay the Capital Project Funds in the sum of not to exceed Seven Million Seven Hundred and Fifty Thousand Dollars ($7,750,000.00) (“Capital Project Funds”), from legally available Tourist Tax Revenues and from no other revenue source of the County, payable as follows: A. Reimbursement Payment will be made in a lump sum upon completion of the Capital Project. To request a Reimbursement Payment, the Organization must submit a written payment request to the VisitSPC at the address set out in Section 12.A., with such documentation as reasonably required herein or subsequently requested by the VisitSPC Director. At a minimum, the payment request must include documentation detailing: i. the work completed that the Organization is seeking reimbursement for; ii. Proof of payment for the work to any contractor/vendors used by the Organization; iii. Certification from either the contractor, design professional, or the Organization certifying the work has been completed and paid for before submittal of the payment request. B. The County’s contributions of Capital Project Funds will in no event exceed any amount agreed to herein and any and all excess Project costs are the sole responsibility of the Organization. 6. ORGANIZATION RESPONSIBILITIES. During the Term of this Agreement, the Organization will: A. Manage, supervise, oversee, pay all costs and expenses related to, and be solely responsible for completing the Project including, but not limited to securing all permits and approvals required for the Project, contracting and/or subcontracting with all third parties necessary to complete the Project, and operate the project/facility. B. Utilize all commercially reasonable efforts to complete Project by the date set out in Section 4.D., but in any event, no later than the term of this agreement. C. Notify County of any project cost savings or changes in scope of work that reduces Project costs as described in Exhibit A, which will result in a reduction of the County’s contribution on a pro rata basis. Organization may elect to increase the Project budget set out in Exhibit A or any component or part thereof with notice to the County, and Organization will 4 be solely responsible for such additional costs and expenses, including any cost overruns on the Project. D. Provide the Tourism Promotion Benefits to the County as described in Exhibit B. E. Cooperate with VisitSPC as requested to market Pinellas County Tourism. F. Secure property insurance on the Capital Project, during the construction phase of the Capital Project as well as upon completion of same, on a replacement cost basis, with limits of at least ninety percent (90%) of the replacement cost value to cover perils including, but not limited to, fire, explosion, windstorm and flood. The County will be listed as a loss payee as the County's interest may appear. In the event of an insurable loss to the Capital Project for which the City uses insurance funds to rebuild the Capital Project, the County will surrender any insurance proceeds and/or loss payee rights to the City. Should the City not rebuild the Capital Project, the County will be afforded the benefits of the insurance proceeds as the County's interests may appear, but in no event less than the Repayment Amount. A certificate of evidence of property insurance will be sent to Pinellas County Risk Management Department, 400 S. Ft. Harrison Ave., Clearwater, FL 33756 prior to disbursement of funds hereunder and annually thereafter. This subsection will survive the expiry or early termination of this Agreement. G. In the event the Capital Project herein is not completed the Organization will be responsible to pay the County the Repayment Amount. This subsection will survive the expiry or early termination of this Agreement. H. Upon completion of the Capital Project herein, secure and maintain property insurance on a replacement cost basis, with limits of at least ninety percent (90%) of the replacement cost value to cover perils including, but not limited to, fire, explosion, windstorm and flood. The County will be listed as a loss payee as the County’s interest may appear. In the event of an insurable loss to the Capital Project for which the Organization uses insurance funds to rebuild the Capital Project, the County will surrender any insurance proceeds and/or loss payee rights to the Organization. Should the Organization not rebuild the Capital Project, the County will be afforded the benefits of the insurance proceeds as the County’s interests may appear, but in no event less than the Repayment Amount. A certificate of evidence of property insurance will be sent to Pinellas County Risk Management Department, 400 S. Ft. Harrison Ave., Clearwater, FL 33756 prior to disbursement of funds hereunder and annually thereafter. This subsection will survive the expiry or early termination of this Agreement. 7. DEFAULTS AND REMEDIES. A. Events of Default. Each of the following constitutes an event of default (each, an "Event of Default") hereunder: 1. A breach by the Organization of any material term, covenant, obligation or agreement under this Agreement, and the continuance of such breach for a period of thirty (30) days after written notice thereof has been given to Organization except for a breach of 5 those provisions described in subsection 4, 5 or 6 below, which will entitle the County to immediately exercise the available remedies; 2. Organization voluntary filing of or consent to a petition under any bankruptcy, insolvency, or reorganization law, failure to secure the dismissal of an involuntary bankruptcy petition within 60 days of filing, or a determination by a court of competent jurisdiction that is insolvent and unable to pay its debts when due; 3. A payment request containing a material misrepresentation; 4. Organization having ceased operations of the Capital Project/ tourism facility during the Term; 5. The tourist tax revenues are no longer legally available to pay this obligation, as a result of circumstances including but not limited to repeal or expiration of the tourist tax as provided by law, change in the law or Plan, or if the tourist tax is no longer available for whatever reason. 6. Organization fails to provide the Tourism Promotion Benefits for the term as described in Exhibit B. 7. Organization fails to pay taxes and/or assessments, if any. B. Remedies. Upon or at any time after the occurrence of an Event of Default which has not been cured if authorized herein: 1. The County may withhold, temporarily or permanently, any or all unpaid portion of the Capital Project Funds and/or may terminate this Agreement by giving fifteen (15) calendar days’ notice to the Organization. If permanently terminated, the County will then have no further funding obligation under this Agreement; 2. If the County has paid any Capital Project Funds, the Organization will repay to the County all Capital Project Funds received by it for the Project prior to the non-cured default; 3. Additionally the County may exercise any right, power, or remedy as provided in law or equity. C. No consent or waiver, express or implied, by the County to or of any breach or default by the Organization in the performance of its obligations under this Agreement will constitute a consent to or waiver of any similar breach or default by the Organization. The failure of the County to complain of any act or omission to act by the Organization or to declare the Organization in default, irrespective of how long such failure continues, will not constitute a waiver by the County of its rights under this Agreement. 6 8. COMPLIANCE WITH LAWS. The Parties will comply with all applicable federal, state, and local laws, ordinances, rules and regulations, the federal and state constitutions, and the orders and decrees of any lawful authorities having jurisdiction over the matter at issue including but not limited to applicable public records laws. 9. INDEMNIFICATION. Organization will, to the extent permitted by law, protect, defend, indemnify, pay the cost of defense, and hold harmless the County, its agents, officers and employees from all damages, suits, actions or claims of any character brought on account of any injuries or damages received or sustained by any person, persons, or property, or in any way relating to or arising from the construction or operation of the Project herein or its performance under the Agreement; or on account of any act or omission, neglect or misconduct of the Organization, its agents, officers, employees, contractors, subcontractors; or arising from or by reason of any actual or claimed trademark, patent or copyright infringement or litigation based thereon; or by, or on account of, any claim or amounts received under the Workers' Compensation Law or of any other laws, by-laws, ordinance, order or decree. 10. DUE AUTHORITY. Each party to this Agreement represents and warrants to the other party that: (i) it has the full right and authority and has obtained all necessary approvals to enter into this Agreement; (ii) each person executing this Agreement on behalf of the party is authorized to do so; and (iii) this Agreement constitutes a valid and legally binding obligation of the party, enforceable in accordance with its terms. 11. ASSIGNMENT. No party to this Agreement may assign any rights or delegate any duties under this Agreement without the prior written consent of the other party. 12. NOTICES. A. Unless and to the extent otherwise provided in this Agreement, all notices, demands, requests for approvals and other communications which are required to be given by either party will be in writing and will be deemed given and delivered on the date delivered in person to the authorized representative of the recipient provided below, upon the expiration of five (5) days following the date mailed by registered or certified mail, postage prepaid, return receipt requested, to the authorized representative of the recipient provided below, or upon the date delivered by overnight courier (signature required) or emailed to the authorized representative of the recipient provided below: TO THE COUNTY: TO THE ORGANIZATION: Brian Lowack, President & CEO Visit St. Pete-Clearwater 8200 Bryan Dairy Rd., Suite 200 Largo, FL 33777 BLowack@VisitSPC.com Daniel Slaughter, Assistant City Manager City of Clearwater 600 Cleveland St., Suite 600 Clearwater, FL 33755 Daniel.Slaughter@MyClearwater.com B. Either party may change its authorized representative or address for receipt of notices by providing the other party with written notice of such change. The change will become effective upon receipt by the non-changing party of the written notice of change. 7 13. WAIVER. No act of omission or commission of either party, including without limitation, any failure to exercise any right, remedy, or recourse, will be deemed to be a waiver, release, or modification of the same. Such a waiver, release, or modification is to be effected only through a duly executed written modification to this Agreement. 14. GOVERNING LAW. This Agreement will be construed in accordance with the Laws of the State of Florida. 15. JURISDICTION AND VENUE. Venue for any action brought in state court will be in Pinellas County, Clearwater Division. Venue for any action brought in federal court will be in the Middle District of Florida, Tampa Division, unless a division will be created in Pinellas County, in which case the action will be brought in that division. Each party waives any defense, whether asserted by motion or pleading, that the aforementioned courts are an improper or inconvenient venue. Moreover, the Parties consent to the personal jurisdiction of the aforementioned courts and irrevocably waive any objections to said jurisdiction. 16. BINDING EFFECT. This Agreement will inure to the benefit of and be binding upon the Parties' respective successors and assigns. 17. NO THIRD-PARTY BENEFICIARY. Persons not a party to this Agreement may not claim any benefit hereunder or as third-party beneficiaries hereto. 18. HEADINGS. The paragraph headings are inserted herein for convenience and reference only and in no way define, limit, or otherwise describe the scope or intent of any provisions hereof. 19. NO CONSTRUCTION AGAINST PREPARER OF AGREEMENT. This Agreement has been prepared by County and reviewed by the Organization and its professional advisors. The Parties and their professional advisors believe that this Agreement expresses their understanding and that it should not be interpreted in favor of, or against either Party merely because of their efforts in preparing it. 20. DOCUMENTS COMPRISING AGREEMENT & ENTIRE AGREEMENT. This Agreement consists of this Capital Funding Project Agreement and the following exhibits, which are attached hereto and incorporated herein by reference: Exhibit A: Capital Project Scope of Work Exhibit B: Tourism Promotion Benefits In the event of a conflict between this Capital Funding Project Agreement and the referenced exhibits, the Capital Funding Project Agreement will supersede over the exhibits, and the exhibits in their listed order will supersede over the succeeding exhibits. This Agreement constitutes the entire agreement between the Parties and no change will be valid unless made by supplemental written agreement executed by the Parties. 8 21. SEVERABILITY. Should any paragraph or portion of any paragraph of this Agreement be rendered void, invalid or unenforceable by any court of law for any reason, such determination will not render void, invalid or unenforceable any other paragraph or portion of this Agreement. 22. FUNDING OBLIGATION. This Capital Project Funding Agreement is not a general obligation of the County. It is understood by Organization that neither this Agreement nor any representation by any County employee or official creates any obligation to appropriate or make funds available for the purposes of this Agreement beyond the fiscal year in which this Agreement is executed. No liability will be incurred by the County, or any department thereof, beyond the funding budgeted and available for the purposes of this Agreement in the County’s fiscal year. If funds are not appropriated by the County for any reason for any or all of this Agreement, the County will notify Organization in writing and upon transmission of this notice, this Agreement, and all rights and obligations contained therein will terminate without liability or penalty to the County. Notwithstanding the foregoing, the County will not be prohibited from pledging any legally available Tourist Development Taxes for any obligations incurred before or after the effective date of Agreement, which pledge will be prior and superior to any obligation of the County pursuant to this Agreement. 23. INDEPENDENT CAPACITY. A. The Parties agree that the Organization, its officers, agents, and employees, in performance of this Agreement, will act in the capacity of an independent contractor and not as an officer, employee, or agent of the County. Organization agrees to take such steps as may be necessary to ensure that any third-party Organization contracts with will be deemed to be an independent contractor and will not be considered or permitted to be an agent of the County. B. Organization has no authority to pledge, and will not attempt to pledge, the County's credit or make the County a guarantor of payment or surety for any contract, debt, obligation, judgment lien, or any form of indebtedness. 24. DAMAGES. In no event will either Party be liable to the other (nor to any person claiming any right, title, or interest derived from, or as a successor to the agreement) for incidental, consequential, or special damages of any kind, including without limitation, lost profits, or loss of business arising out of this funding agreement irrespective of whether the parties have advance notice of the possibility of such damage; provided however, the foregoing limitation does not apply to the indemnification obligations described in Section 9 herein. 25. PUBLIC RECORDS. Organization acknowledges that information and data relating to its services may be public records in accordance with Chapter 119, Florida Statutes. Organization agrees that prior to providing services it will implement policies and procedures to maintain, produce, secure, retain, and transfer public records in accordance with applicable laws and regulations. Notwithstanding any other provision of this Agreement relating to compensation, Organization agrees to charge the County, and/or any third parties requesting public records only such fees allowed by Section 119.07, Florida Statutes for locating and producing public records associated with this Agreement. 9 26. RIGHT TO AUDIT. A. All of the Organization records related to this Agreement will be open to inspection and subject to reproduction by the County during normal working hours to the extent necessary to permit adequate evaluation and verification of any invoices for payment, or claims, submitted by the Organization pursuant to the execution of the Agreement. Such records will include, but not be limited to, accounting records, written policies and procedures, subcontractor files, original estimates, estimating worksheets, correspondence, Change Order files (including the documentation of negotiated settlements), any supporting evidence necessary to substantiate charges related to this Agreement, and any records necessary to evaluate and verify costs as they may apply to costs associated with this Agreement. B. For the purpose of such audits, inspections, examinations and evaluations, the County will have access to the said records from the effective date of this Agreement, for the duration of the Work, and until thirty-six (36) months after the date of final payment by the County to the Organization for performance under this Agreement. The Organization hereby agrees to maintain said records in safe and dry storage until the end of this time period. C. The County will have access to the Organization’s facilities and all necessary records in order to conduct audits in compliance with this Paragraph. 27. TIME IS OF THE ESSENCE. Time is of the essence with respect to all provisions of this Agreement and attachments hereto that specify a time for performance; provided, however, that the foregoing will not be construed to limit a Party’s grace period allowed herein. 28. SURVIVAL. The terms and obligations of Sections 6, 7, 9, 22, 24, 25, and 26 of this Agreement will survive the termination of this Agreement. <Remainder intentionally left blank> 10 IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their duly authorized representatives on the date first above written. PINELLAS COUNTY, FLORIDA, CITY OF CLEARWATER by and through its Board of County Commissioners By: By: Chair Jennifer Poirrier, City Manager ATTEST: ATTEST: KEN BURKE ROSEMARIE CALL By: __________________________ By: ___________________________ Deputy Clerk City Clerk Approved as to Form: By:___________________________ Melissa Isabel Assistant City Attorney 1 Exhibit A Capital Project Scope of Work Eddie C. Moore Complex Renovation Project Bright and beautiful, from bay to beach, Clearwater is a city steeped in a rich history of softball. All you need to do is look around to see where pride in the sport and the support of the community become one, where the sand meets the clay. This renovation project aims to modernize the complex to attract a broader array of tournaments and events, thereby boosting visitors to the destination and bringing new economic streams to our area. This project also has the ability to strengthen Clearwater’s strategic partnership with Visit St. Pete-Clearwater (VisitSPC) and enhance Clearwater’s reputation as a premier sports destination. The following items are improvements that are part of this project: • Build a new two-story building in the middle of Fields 1-4, featuring expanded restrooms, multipurpose spaces, an elevator and lobby, technology room and broadcasting areas for TV and radio. • Add new permanent seating behind Homeplate on all 4 fields. • Add new dugouts with a restroom • Install a concrete half wall with padding and broadcast-friendly netting from dugout to dugout. • Add new electric and fiber terminations to support the latest technology • Increase public Wi-Fi access • Install 4 new scoreboards. • Install new LED lighting on all nine fields. • Replace landscaping around the complex. • Perform necessary site work that supports and enhances the overall project. Project Timeline • Fall 2025 – Secure Architect and Engineer for the Project • Winter 2025 – Start working on construction documents • Spring 2026 – Select a General Contractor • Summer 2026 – Finalize the construction documents • Fall 2026 – Bring contract to Council • Winter 2026 – Mobilize and start construction in February 2027 • Winter 2027 – Complete project and open facility in January of 2028 2 Schedule of Values - ECM Renovation Project City Grant Total Building 3.5M 3M 6.5M Includes-finishes for all restrooms, multipurpose rooms, elevator, lobby, storage area, windows, doors, plumbing, electrical, sewer, technology room, etc. Field Amenities 2.5M 2M 4.5M Includes-½ wall, wall pads, netting, seating, dugouts, benches, fixtures, warm-up areas, roofs, plumbing, electrical, sewer, irrigation, etc. Field Athletic Lighting 500K 400K 900K Includes-LED fixtures to all 9 fields Technology/Scoreboards 200K 200K 400K Include-Wi Fi, replace technology termination, new public address system for each field, add new scoreboards and controllers. Flatwork 400K 250K 650K Includes-replace flatwork around the complex Site Work 1.5M 650K 2.15M Includes-demo existing structures, regrade infield clay and warm-up areas, replace fencing, build a new retention pond, tie in sewer lines to the existing services, etc. Landscaping 250K 300K 550K Includes-add new ground cover, landscaping, tree replacement, and new irrigation system around the complex Construction Docs 250K 250K 500K Includes-all construction documents 10% Continency 910K 705K 1.615M Total 10.0M 7.75M 17.75M 1 EXHIBIT B Tourism Promotion Benefits The Eddie C. Moore Complex, City of Clearwater (CITY) shall provide, at a minimum, the following Marketing and/or Sponsorship benefits to Visit St. Pete-Clearwater (VisitSPC) as part of the Capital Project Funding Agreement from the Effective Date and for a period of 10 years from the completion of the project. I) Marketing & Advertising Benefits: a. CITY to collaborate with VisitSPC on joint marketing campaigns and activities through social media, advertising, direct sales, public relations and/or other programs as mutually determined by the parties. b. CITY to include in its capital campaign materials acknowledgment of funding from Pinellas County. 2) PR & Event Benefits: a. CITY to collaborate with VisitSPC on media tours and influencer opportunities by hosting press/influencers. b. CITY to collaborate with VisitSPC on both in-market and out-of-market brand activations and media tours, as mutually determined by the parties. c. CITY to provide collateral to be used by VisitSPC at tradeshows/events to promote and drive interest to the destination. d. CITY to include VisitSPC, in a mutually agreed upon manner, on all CITY press releases related to the new building and in media kits. 3) Digital Communications Benefits: a. Branding & Content: CITY to include VisitSPC branding, content and links on CITY website and/or other digital platforms as appropriate, in a manner to be mutually agreed upon. This may include, but not be limited to, an “about our area” section across CITY digital platforms and a “where to stay” section, backlink or embedded widget to VisitSPC booking software/places to stay section. 2 b. Data Sharing: (i) VisitSPC to provide an Adara Software Development Kit (“SDK”) for facility to implement onto its website to understand the customer/visitor journey. Data can be shared with facility to provide insights. (ii) CITY to upload annually a customer record file to Adara Consortium Catalog. Customer records will not be accessible to VisitSPC or Adara and personal identifiable data should never be emailed. VisitSPC will provide a file upload link and data will be anonymized and encrypted. Customer records will be matched across the data consortium to profiles to gain holistic view of customer journey. 4) Onsite (at CITY) Benefits: a. Permanent signage at/near guest-entrance of CITY acknowledging VisitSPC capital funding contribution, by including external message “From Visitors With Love” or similar. Signage will be provided by VisitSPC. b. Up to two (2) complimentary events per year for VisitSPC staff and/or TDC members, and a 25% discount on all other events. c. Access to CITY for VisitSPC's onsite survey team to collect tourism related data. VisitSPC responsible for questionnaire & related resources. d. A parking permit/dedicated parking spaces up to five (5) when needed for VisitSPC purposes. 5) Additional Benefits: a. Up to Twenty-Five (25) tickets for any ticketed events to CITY per year for promotional tourist offers. Tickets may be used by VisitSPC to promote tourism, including but not limited to use across VisitSPC's social media channels for giveaways. Content to be provided by VisitSPC and approved by CITY. b. When attending any out of market events/tradeshows, CITY will include VisitSPC branding, literature, swag, or other materials as part of their exhibit to the extent appropriate based on the venue, and will notify VisitSPC in advance within a reasonable time to determine whether there is the opportunity for additional collaboration consistent with the terms and spirit of this Agreement. CITY will not unreasonably decline any proposed collaboration. c. VisitSPC will work with CITY to develop travel incentives to encourage teams to book in Pinellas County. 3 6) Other: a. CITY to provide annual reporting to VisitSPC on the marketing and/or sponsorship benefits provided. b. CITY and VisitSPC to meet annually to review effectiveness of marketing and/or sponsorship benefits and, if VisitSPC or CITY is of the reasonable opinion that a particular marketing and/or sponsorship benefit is outdated and/or not performing as expected and/or is no longer of equivalent value for the purposes of promoting Pinellas County as a tourist destination, VisitSPC and CITY shall mutually agree on modifications to that specific benefit. c. VisitSPC has the ability to install Visitor tracking devices to measure foot traffic and/or visitor analytics. d. Eddie C. Moore should promote overnight stays at the point of booking, either on booking page and/or website. Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#25-0765 Agenda Date: 9/4/2025 Status: Public HearingVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 6.7 SUBJECT/RECOMMENDATION: Authorize purchase orders to CTC Disaster Response Inc., Davey Tree Expert Company, O’Neils LLC and Tip Top Tree Experts LLC for emergency services related to the removal of leaner, hanger and stumps throughout the City for initial term of September 4, 2025 through September 3, 2026, with three, one-year renewal options pursuant to Invitation to Bid (ITB) No. 24-25 and authorize the appropriate officials to execute same. SUMMARY: The Parks and Recreation Department requests authorization to award contracts for emergency leaner, hanger, and stump removal services in accordance with Invitation to Bid (ITB) No. 24-25. This solicitation was issued to supplement the City’s primary debris management contractor by providing additional capacity in response to storm-related events and natural disasters. The scope of work includes the removal of vegetative debris classified as leaners, hangers, and stumps that pose an immediate threat to public safety or property. Such threats include, but are not limited to, overhanging limbs and structurally compromised trees located on or adjacent to improved property, city-maintained rights-of-way (ROW), sidewalks, trails, playgrounds, and other public-use areas throughout the city. ITB 24-25 was formally advertised on March 25, 2025, and five responsive bids were received by the submission deadline of April 24, 2025. Following a comprehensive evaluation process, the lowest responsive and responsible bidders were identified based on pricing, qualifications, and demonstrated ability to respond under emergency conditions. The Parks and Recreation Department, in collaboration with Public Works and the Procurement Division, recommends contract awards to the following vendors representing the lowest, most responsible bidders under each service category: ·Category 1: Hazardous Tree Removal o Primary: CTC Disaster Response Inc. o Secondary: O’Neils LLC o Tertiary: Tip Top Tree Experts LLC ·Category 1: Hazardous Palm Removal o Primary: O’Neils LLC o Secondary: CTC Disaster Response Inc. o Tertiary: Davey Tree Expert Company ·Category 2: Hazardous Stump Removal o Primary: O’Neils LLC o Secondary: CTC Disaster Response Inc. o Tertiary: Davey Tree Expert Company ·Category 3: Hazardous Limb Removal o Primary: CTC Disaster Response Inc. o Secondary: Tip Top Tree Experts LLC o Tertiary: O’Neils LLC Page 1 City of Clearwater Printed on 9/2/2025 File Number: ID#25-0765 ·Category 4: Miscellaneous Hourly Rates. Miscellaneous hourly rates will be utilized as needed based on specific project requirements. While considered during the evaluation process, these rates are not the primary basis for award. This multi-award structure ensures continuity of service and provides flexibility to utilize secondary and tertiary vendors as needed to meet demand. Emergency tree-related services are critical to the City’s response to natural disasters, including damage from windstorms, lightning, flooding, and other unforeseen events. These contracts will ensure timely mitigation of hazardous vegetation to reduce safety risks and preserve City infrastructure. The awarded contracts will support citywide response efforts, including but not limited to parks, recreation areas, and other public properties. Services will be activated on an as-needed basis and only upon issuance of a formal Notice to Proceed. Selected contractors will be required to furnish all necessary labor, equipment, tools, materials, supervision, and transportation to perform emergency vegetation removal. Vendors must be capable of rapid mobilization, assessing and documenting conditions, mitigating hazards, and executing removal operations in a safe and effective manner. Since these are for as needed services in the event of an emergency, services exceeding $100,000.00 resulting from a disaster will be brought forward to Council. APPROPRIATION CODE AND AMOUNT: Tree work not related to emergencies/hurricanes (i.e., normal operations) will continue to be coded to the various department’s operating codes as originally budgeted. For emergency use, expenditures will be tracked using emergency codes assigned to each user fund with the intent to seek reimbursement where applicable. USE OF RESERVE FUNDS: N/A STRATEGIC PRIORITY: Approval of the purchase order supports several Strategic Plan Objectives, including: ·1.2: Maintain public infrastructure, mobility systems, natural lands, environmental resources, and historic features through systematic management efforts. · 1.3 Adopt responsive levels of service for public facilities and amenities and identify resources required to sustain that level of service. ·1.4: Foster safe and healthy communities in Clearwater through first class public safety and emergency response services. ·2.3: Promote Clearwater as a premier destination for entertainment, cultural experiences, tourism, and national sporting events. ·3.2: Preserve community livability through responsible development standards, proactive code compliance, and targeted revitalization. · 4.3: Protect the conservation of urban forests and public green spaces to promote biodiversity and reduce our carbon footprint. Page 2 City of Clearwater Printed on 9/2/2025 ITB 24-25 Emergency Services Leaner, Hanger, and Stump RemovalDue Date: April 30, 2025 @ 10:00am CTC Disaster Response, Inc.DAVEY TREE EXPERT COMPANYGarner Environmental Services, Inc.O'Neil's LLCTip Top Tree Experts LLC.Line Item DescriptionUnit of MeasureUnit Cost Unit Cost Unit Cost Unit Cost Unit Cost1-1A6-10 inch diameter tree at DBHEA 118.00$ 550.00$ 750.00$ 195.00$ 900.00$ 1-2A11-13 inch diameter tree at DBHEA 128.00$ 900.00$ 975.00$ 425.00$ 1,250.00$ 1-3A14-17 inch diameter tree at DBHEA 168.00$ 1,100.00$ 1,275.00$ 826.00$ 1,850.00$ 1-4A18-23 inch diameter tree at DBHEA 338.00$ 2,250.00$ 1,725.00$ 985.00$ 2,250.00$ 1-5A24-35 inch diameter tree at DBHEA 498.00$ 3,200.00$ 2,625.00$ 1,285.00$ 2,850.00$ 1-6A36-49 inch diameter tree at DBHEA 598.00$ 4,500.00$ 4,950.00$ 1,650.00$ 3,850.00$ 1-7A50-59 inch diameter tree at DBHEA 798.00$ 5,700.00$ 5,550.00$ 1,850.00$ 4,350.00$ 1-8A60+ inch diameter tree at DBHEA 998.00$ 7,500.00$ 9,000.00$ 1,850.00$ 4,850.00$ Total3,644.00$ 25,700.00$ 26,850.00$ 9,066.00$ 22,150.00$ Average 455.50$ 3,212.50$ 3,356.25$ 1,133.25$ 2,768.75$ CTC Disaster Response, Inc.DAVEY TREE EXPERT COMPANYGarner Environmental Services, Inc.O'Neil's LLCTip Top Tree Experts LLC.Line Item DescriptionUnit of MeasureUnit Cost Unit Cost Unit Cost Unit Cost Unit Cost1-1B6 - 12 feet CTEA $198.00 $350.00$425.00$95.00 $950.001-2B13 - 20 feet CTEA $198.00 $350.00$700.00$175.00 $1,050.001-3B21 - 30 feet CTEA $198.00 $450.00$1,050.00$225.00 $1,350.001-4B31 - 40 feet CTEA $198.00 $500.00$1,400.00$175.00 $1,550.001-5B41 - 50 feet CTEA $198.00 $575.00$1,650.00$175.00 $1,850.001-6B51 - 60+ feet CTEA $198.00 $750.00$2,025.00$175.00 $1,950.00Total $1,188.00 $2,975.00$7,250.00$1,020.00$8,700.00Average $198.00 $495.83$1,208.33$170.00$1,450.00Category 1: Hazardous Tree Removal Category 1: Hazardous Palm Removal Not-Awarded Award:Primary Secondary Tertiary CTC Disaster Response, Inc.DAVEY TREE EXPERT COMPANYGarner Environmental Services, Inc.O'Neil's LLCTip Top Tree Experts LLC.Line Item DescriptionUnit of MeasureUnit Cost Unit Cost Unit Cost Unit Cost Unit Cost2-1Stump Removal 24- 30" diameterIN$13.00: Per Inch$13x30"=$390 Stump$350.00: Per Stump$25.00: Per Inch $25x30"=$750 Stump$200.00: Per Stump $350.00: Per Stump2-2Stump Removal 31-36" diameterIN$13.00: Per Inch$13x30"=$390 Stump$400.00: Per Stump$27.50: Per Inch$27.50x36"=$990 Stump$250.00: Per Stump $500.00: Per Stump2-3Stump Removal 36-47" diameterIN$13.00: Per Inch$13x30"=$390 Stump$500.00: Per Stump$30.00: Per Inch$30x47"=$1,410 Stump$300.00: Per Stump $750.00: Per Stump2-4Stump Removal over 48" diameterIN$13.00: Per Inch$13x30"=$390 Stump$575.00: Per Stump$32.50: Per Inch$32.50x48"=$1,560 Stump$250.00: Per Stump $999.00: Per StumpTotal $ 1,560.00 1,825.00$ $ 4,710.00 1,000.00$ 2,599.00$ Average $ 390.00 456.25$ $ 1,177.50 250.00$ 649.75$ CTC Disaster Response, Inc.DAVEY TREE EXPERT COMPANYGarner Environmental Services, Inc.O'Neil's LLCTip Top Tree Experts LLC.Line Item DescriptionUnit of MeasureUnit Cost Unit Cost Unit Cost Unit Cost Unit Cost3-1Hazardous Limb Removal regardless of tree DBHTree EA$138.00: Per TreeNon-responsive$1,450.00: Per Tree$275.00: Per Tree $149.00 Per Tree Note: Miscellaneous hourly rates will be applied as needed, depending on the specific circumstances. Although these rates will be taken into account during the award process, they are not expected to be a primary focus of the award. CTC Disaster Response, Inc.DAVEY TREE EXPERT COMPANYGarner Environmental Services, Inc.O'Neil's LLCTip Top Tree Experts LLC.Line Item DescriptionUnit of MeasureUnit Cost Unit Cost Unit Cost Unit Cost Unit Cost4-1 Crew Leader HR $65.00 $210.00 $250.00 $110.00 $85.004-2 Grounds Person HR $60.00 $210.00 $100.00 $60.00 $65.004-3 Tree Climber HR $65.00 $210.00 $125.00 $85.00 $100.004-4Aerial Lift 40'-60'(Bucket Truck) with Operator HR $225.00 $220.00 $350.00 $200.00 $250.004-5Aerial Lift greater than 60' (Bucket Truck) with operatorHR $245.00 $205.00 $450.00 $215.00 $250.004-6Aerial lift 40'-60' (Track Bucket) with operator HR $225.00 $205.00 $450.00 $250.00 $250.00Category 2: Hazardous Stump Removal Category 3: Hazardous Limb RemovalCategory 4: Misc Hourly Rates 4-7Aerial lift greater than 60' (Track Bucket) with operatorHR $245.00 $205.00 $450.00 $300.00 $250.004-8 Crane with Operator HR $175.00 $500.00 $1,000.00 $450.00 $575.004-9Grapple truck with operator 30 CY minimumHR $295.00 $250.00 $700.00 $275.00 $450.004-10Chipper Truck, Chipper with Operator HR $195.00 $195.00 $525.00 $250.00 $350.004-11Skid Steer with grapple and operatorHR $135.00 $195.00 $300.00 $225.00 $350.004-12 Loader with grapple and operator HR $155.00 $195.00 $300.00 $225.00 $350.004-13Backhoe with grapple and operatorHR $80.00 $250.00 $300.00 $400.00 $350.00 v. 7.2024 Procurement Division PO Box 4748 33758-4748 Clearwater FL 727-562-4630 INVITATION TO BID 24-25 EMERGENCY SERVICES FOR LEANER, HANGER AND STUMP REMOVAL NOTICE Tuesday, March 25, 2025 NOTICE IS HEREBY GIVEN that sealed bids will be received by the City of Clearwater (City) until 10:00 am, Local Time, on Thursday, April 24, 2025 to provide: The City of Clearwater, FL, is seeking qualified contractors to provide professional tree services to provide leaner, hanger, and stump removal services post natural disaster. Bids must be in accordance with the provisions, specifications and instructions set forth herein and will be received by the Procurement Division until the above noted time, when they will be publicly acknowledged and accepted. Bid packets, any attachments and addenda are available for download at: https://procurement.opengov.com/portal/myclearwater/projects/155746. Please read the entire solicitation package and submit the bid in accordance with the instructions. This document (less this invitation and the instructions) and any required response documents, attachments, and submissions will constitute the bid. General, Process, or Technical Questions concerning this solicitation shall be submitted through the City's e-Procurement Portal located at: https://procurement.opengov.com/portal/myclearwater/projects/155746. All answers to inquiries will be posted on the City’s e-Procurement Portal. Bidders may also click “Follow” on this bid to receive an email notification when answers are posted. It is the responsibility of the bidder to check the website for answers to inquiries. This Request for Proposals is issued by: Lori Vogel, CPPB Procurement ManagerLori.vogel@myclearwater.com v. 7.2024 2 INSTRUCTIONS 2.1 Vendor Questions All questions regarding the contents of this solicitation, and solicitation process (including requests for ADA accommodations), shall be submitted through the City's e-Procurement Portal, located at https://procurement.opengov.com/portal/myclearwater. Please note the deadline for submitting inquiries. All answers to inquiries will be posted on the City’s e-Procurement Portal. Bidders may also click “Follow” on this bid to receive an email notification when answers are posted. It is the responsibility of the bidder to check the website for answers to inquiries. 2.2 Addenda/Clarifications Any changes to the specifications will be in the form of an addendum. Vendors are required to register for an account via the City’s e-Procurement Portal hosted by OpenGov. Once the bidder has completed registration, they will receive addenda notifications to their email by clicking “Follow” on this project. Ultimately, it is the sole responsibility of each bidder to periodically check the site for any addenda at https://procurement.opengov.com/portal/myclearwater. The City cannot be held responsible if a vendor fails to receive any addenda issued. The City shall not be responsible for any oral changes to these specifications made by any employees or officer of the City. Failure to acknowledge receipt of an addendum may result in disqualification of a bid. 2.3 Due Date & Time for Submission and Opening Date: Thursday, April 24, 2025 Time: 10:00 am The City will open all bids properly and timely submitted and will record the names and other information specified by law and rule. All bids become the property of the City and will not be returned except in the case of a late submission. Respondent names, as read at the bid opening, will be posted on the City website. Once a notice of intent to award is posted or 30 days from day of opening elapses, whichever occurs earlier, bids are available for inspection by contacting the Procurement Division. 2.4 Bid Firm Time Bids shall remain firm and unaltered after opening for 90 days. The City may accept the bid, subject to successful contract negotiations, at any time during this time. 2.5 Bid Submittals It is recommended that bids are submitted electronically through the City's e-Procurement Portal located at https://procurement.opengov.com/portal/myclearwater. By way of the e-Procurement Portal, responses will be locked and digitally encrypted until the submission deadline passes. E-mail or fax submissions will not be accepted. No responsibility will attach to the City of Clearwater, its employees or agents for premature opening of a bid that is not properly addressed and identified. 2.6 Late Bids The bidder assumes responsibility for having the bid delivered on time at the place specified. All bids received after the date and time specified shall not be considered and will be returned unopened to the bidder. The bidder assumes the risk of any delay in the mail or in handling of the mail by employees of the City of Clearwater, or any private courier, regardless whether sent by mail or by means of personal delivery. It shall not be sufficient to show that you mailed or commenced delivery before the due date and v. 7.2024 3 time. All times are Clearwater, Florida local times. The bidder agrees to accept the time stamp in the City’s Procurement Office as the official time. 2.7 Lobbying; Lobbying No-Contact Period; Questions Regarding Solicitation From the time a competitive solicitation is posted until such time as the contract is awarded by the city or the solicitation is cancelled, all bidders, offerors, respondents, including their employees, representatives, and other individuals acting on their behalf, shall be prohibited from lobbying city officers, city employees, and evaluation committee members. Violation of this section may result in rejection/disqualification from award of the contract arising out of the competitive solicitation. All questions regarding the competitive solicitation must be submitted through the City's e-Procurement Portal, who will respond in writing and post such response to ensure that all respondents receive the same information during the No-Contact Period. The penalty for violating the No-Contact Period may include suspension or debarment. 2.8 Commencement of Work If bidder begins any billable work prior to the City’s final approval and execution of the contract, bidder does so at its own risk. 2.9 Responsibility to Read and Understand Failure to read, examine and understand the solicitation will not excuse any failure to comply with the requirements of the solicitation or any resulting contract, nor shall such failure be a basis for claiming additional compensation. If a vendor suspects an error, omission or discrepancy in this solicitation, the vendor must immediately and in any case not later than seven (7) business days in advance of the due date notify the contact listed on this solicitation The City is not responsible for and will not pay any costs associated with the preparation and submission of the bid. Bidders are cautioned to verify their bids before submission, as amendments to or withdrawal of bids submitted after time specified for opening of bids may not be considered. The City will not be responsible for any bidder errors or omissions. 2.10 Form and Content of Bids Bids, including modifications, must be certified by an authorized representative and submitted electronically. In the event of a disparity between the unit price and the extended price, the unit price shall prevail unless obviously in error, as determined by the City. The City requires that an electronic copy of the bids be submitted through the City's e-Procurement portal located at https://procurement.opengov.com/portal/myclearwater. The bids must provide all information requested and must address all points. The City does not encourage exceptions. The City is not required to grant exceptions and depending on the exception, the City may reject the bids. 2.11 Specifications Technical specifications define the minimum acceptable standard. When the specification calls for “Brand Name or Equal,” the brand name product is acceptable. Alternates will be considered upon demonstrating the other product meets stated specifications and is equivalent to the brand product in terms of quality, performance and desired characteristics. Minor differences that do not affect the suitability of the supply or service for the City’s needs may be accepted. Burden of proof that the product meets the minimum standards or is equal to the brand name, product, is on the bidder. The City reserves the right to reject bids that the City deems unacceptable. v. 7.2024 4 2.12 Modification/Withdrawal of Bids For bids submitted electronically, vendors may use the "Unsubmit Response" button located on the Response Details page of their submission. Responses may be resubmitted once they have been edited or modified as needed. For mailed in or hand delivered bids, written requests to modify or withdraw the bid received by the City prior to the scheduled opening time will be accepted and will be corrected after opening. Written requests must be addressed and labeled in the same manner as the bid and marked as a MODIFICATION or WITHDRAWAL of the bid. No oral requests will be allowed. Requests for withdrawal after the bid opening will only be granted upon proof of undue hardship and may result in the forfeiture of any bid security. Any withdrawal after the bid opening shall be allowed solely at the City’s discretion. 2.13 Debarment Disclosure If the vendor submitting this bid has been debarred, suspended, or otherwise lawfully precluded from participating in any public procurement activity, including being disapproved as a subcontractor with any federal, state, or local government, or if any such preclusion from participation from any public procurement activity is currently pending, the bidder shall include a letter with its bid identifying the name and address of the governmental unit, the effective date of this suspension or debarment, the duration of the suspension or debarment, and the relevant circumstances relating the suspension or debarment. 2.14 Reservations The City reserves the right to reject any or all bids or any part thereof; to rebid the solicitation; to reject non- responsive or non-responsible bids; to reject unbalanced bids; to reject bids where the terms, prices, and/or awards are conditioned upon another event; to reject individual bids for failure to meet any requirement; to award by item, part or portion of an item, group of items, or total; to make multiple awards; to waive minor irregularities, defects, omissions, technicalities or form errors in any bid. The City may seek clarification of the bid from bidder at any time, and failure to respond is cause for rejection. Submission of a bid confers on bidder no right to an award or to a subsequent contract. The City is charged by its Charter to make an award that is in the best interest of the City. All decisions on compliance, evaluation, terms and conditions shall be made solely at the City’s discretion and made to favor the City. No binding contract will exist between the bidder and the City until the City executes a written contract or purchase order. 2.15 Official Solicitation Document Changes to the solicitation document made by a bidder may not be acknowledged or accepted by the City. Award or execution of a contract does not constitute acceptance of a changed term, condition or specification unless specifically acknowledged and agreed to by the City. The copy maintained and published by the City shall be the official solicitation document. 2.16 Copying of Bids Bidder hereby grants the City permission to copy all parts of its bid, including without limitation any documents and/or materials copyrighted by the bidder. The City’s right to copy shall be for internal use in evaluating the proposal. 2.17 Contractor Ethics It is the intention of the City to promote courtesy, fairness, impartiality, integrity, service, professionalism, economy, and government by law in the Procurement process. The responsibility for implementing this v. 7.2024 5 policy rests with each individual who participates in the Procurement process, including Respondents and Contractors. To achieve this purpose, it is essential that Respondents and Contractors doing business with the City also observe the ethical standards prescribed herein. It shall be a breach of ethical standards to: A. Exert any effort to influence any City employee or agent to breach the standards of ethical conduct. B. Intentionally invoice any amount greater than provided in Contract or to invoice for Materials or Services not provided. C. Intentionally offer or provide sub-standard Materials or Services or to intentionally not comply with any term, condition, specification or other requirement of a City Contract. 2.18 Gifts The City will accept no gifts, gratuities or advertising products from bidders or prospective bidders and affiliates. The City may request product samples from vendors for product evaluation. 2.19 Right to Protest Pursuant to Section 2.562(3), Clearwater Code of Ordinances, a bidder who submitted a response to a competitive solicitation and was not selected may appeal the decision through the bid protest procedures, a copy of which shall be available in the Procurement Division. A protesting bidder must include a fee of one percent of the amount of the bid or proposed contract to offset the City’s additional expenses related to the protest. This fee shall not exceed $5,000.00 nor be less than $50.00. Full refund will be provided should the protest be upheld. No partial refunds will be made. ADDRESS PROTESTS TO: City of Clearwater - Procurement Division 1255 Cleveland St, 3rd FL Clearwater FL 33755 or PO Box 4748 Clearwater FL 33758-4748 2.20 Evaluation Process Bids will be reviewed by the Procurement Division and representative(s) of the respective department(s). The City staff may or may not initiate discussions with bidders for clarification purposes. Clarification is not an opportunity to change the bid. Bidders shall not initiate discussions with any City employee or official. Respondent is hereby notified that Section 287.05701, Florida Statutes, requires that the City may not request documentation of or consider a vendor's social, political, or ideological interests when determining if the vendor is a responsible vendor. 2.21 Criteria for Evaluation and Award The City evaluates three (3) categories of information: responsiveness, responsibility, and price. All bids must meet the following responsiveness and responsibility criteria to be considered further. A. Responsiveness. The City will determine whether the bid complies with the instructions for submitting bids including completeness of bid which encompasses the inclusion of all required v. 7.2024 6 attachments and submissions. The City must reject any bids that are submitted late. Failure to meet other requirements may result in rejection. B. Responsibility. The City will determine whether the bidder is one with whom it can or should do business. Factors that the City may evaluate to determine "responsibility" include, but are not limited to: excessively high or low priced bids, past performance, references (including those found outside the bid), compliance with applicable laws-including tax laws, bidder's record of performance and integrity - e.g. has the bidder been delinquent or unfaithful to any contract with the City, whether the bidder is qualified legally to contract with the City, financial stability and the perceived ability to perform completely as specified. A bidder must at all times have financial resources sufficient, in the opinion of the City, to ensure performance of the contract and must provide proof upon request. City staff may also use Dun & Bradstreet and/or any generally available industry information. The City reserves the right to inspect and review bidder’s facilities, equipment and personnel and those of any identified subcontractors. The City will determine whether any failure to supply information, or the quality of the information, will result in rejection. C. Price. We will then evaluate the bids that have met the requirements above 2.22 Cost Justification In the event only one response is received, the City may require that the bidder submit a cost proposal in sufficient detail for the City to perform a cost/price analysis to determine if the bid price is fair and reasonable. 2.23 Contract Negotiations and Acceptance Bidder must be prepared for the City to accept the bid as submitted. If bidder fails to sign all documents necessary to successfully execute the final contract within a reasonable time as specified, or negotiations do not result in an acceptable agreement, the City may reject bid or revoke the award, and may begin negotiations with another bidder. Final contract terms must be approved or signed by the appropriately authorized City official(s). No binding contract will exist between the bidder and the City until the City executes a written contract or purchase order. 2.24 Notice of Intent to Award Notices of the City’s intent to award a Contract are posted to Purchasing’s website. It is the bidder’s responsibility to check the City of Clearwater’s website at https://procurement.opengov.com/portal/myclearwater/projects/155746 to view the Procurement Division's Intent to Award postings. 2.25 ITB Timeline Dates are tentative and subject to change. Release ITB: March 25, 2025 Advertise Tampa Bay Times: March 26, 2025 Question Submission Deadline: April 14, 2025, 10:00am Due Date & Time for Submissions and Opening: April 24, 2025, 10:00am Review Bids: April 24-30, 2025 v. 7.2024 7 Award Recommendation: April 30, 2025 Council Authorization: June 2025 Contract Begins: June 2025 STANDARD TERMS AND CONDITIONS 3.1 Definitions Uses of the following terms are interchangeable as referenced: “vendor, contractor, consultant, supplier, proposer, company, persons”, “purchase order, PO, contract, agreement”, “City, Clearwater”, “bid, proposal, response, quote”. 3.2 Independent Contractor It is expressly understood that the relationship of Contractor to the City will be that of an independent contractor. Contractor and all persons employed by Contractor, either directly or indirectly, are Contractor’s employees, not City employees. Accordingly, Contractor and Contractor’s employees are not entitled to any benefits provided to City employees including, but not limited to, health benefits, enrollment in a retirement system, paid time off or other rights afforded City employees. Contractor employees will not be regarded as City employees or agents for any purpose, including the payment of unemployment or workers’ compensation. If any Contractor employees or subcontractors assert a claim for wages or other employment benefits against the City, Contractor will defend, indemnify and hold harmless the City from all such claims. 3.3 Subcontracting Contractor may not subcontract work under this Agreement without the express written permission of the City. If Contractor has received authorization to subcontract work, it is agreed that all subcontractors performing work under the Agreement must comply with its provisions. Further, all agreements between Contractor and its subcontractors must provide that the terms and conditions of this Agreement be incorporated therein. 3.4 Assignment This Agreement may not be assigned either in whole or in part without first receiving the City’s written consent. Any attempted assignment, either in whole or in part, without such consent will be null and void and in such event the City will have the right at its option to terminate the Agreement. No granting of consent to any assignment will relieve Contractor from any of its obligations and liabilities under the Agreement. 3.5 Successor 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. 3.6 No Third Party Beneficiaries This Agreement is intended for the exclusive benefit of the parties. Nothing set forth in this Agreement is intended to create, or will create, any benefits, rights, or responsibilities in any third parties. 3.7 Non-Exclusivity The City, in its sole discretion, reserves the right to request the materials or services set forth herein from other sources when deemed necessary and appropriate. No exclusive rights are encompassed through this Agreement. v. 7.2024 8 3.8 Amendments There will be no oral changes to this Agreement. This Agreement can only be modified in a writing signed by both parties. No charge for extra work or material will be allowed unless approved in writing, in advance, by the City and Contractor. 3.9 Time of the Essence Time is of the essence to the performance of the parties’ obligations under this Agreement. 3.10 Compliance with Applicable Laws A. General. Contractor must procure all permits and licenses, and pay all charges and fees necessary and incidental to the lawful conduct of business. Contractor must stay fully informed of existing and future federal, state, and local laws, ordinances, executive orders, and regulations that in any manner affect the fulfillment of this Agreement and must comply with the same at its own expense. Contractor bears full responsibility for training, safety, and providing necessary equipment for all Contractor personnel to achieve throughout the term of the Agreement. Upon request, Contractor will demonstrate to the City's satisfaction any programs, procedures, and other activities used to ensure compliance. B. Drug-Free Workplace. Contractor is hereby advised that the City has adopted a policy establishing a drug-free workplace for itself and those doing business with the City to ensure the safety and health of all persons working on City contracts and projects. Contractor will require a drug-free workplace for all Contractor personnel working under this Agreement. Specifically, all Contractor personnel who are working under this Agreement must be notified in writing by Contractor that they are prohibited from the manufacture, distribution, dispensation, possession, or unlawful use of a controlled substance in the workplace. Contractor agrees to prohibit the use of intoxicating substances by all Contractor personnel and will ensure that Contractor personnel do not use or possess illegal drugs while in the course of performing their duties. C. Federal and State Immigration Laws. Contractor agrees to comply with the Immigration Reform and Control Act of 1986 (IRCA) in performance under this Agreement and to permit the City and its agents to inspect applicable personnel records to verify such compliance as permitted by law. Contractor will ensure and keep appropriate records to demonstrate that all Contractor personnel have a legal right to live and work in the United States. 1. As applicable to Contractor, under this provision, Contractor hereby warrants to the City that Contractor and each of its subcontractors will comply with, and are contractually obligated to comply with, all federal immigration laws and regulations that relate to their employees (hereinafter “Contractor Immigration Warranty”). 2. A breach of the Contractor Immigration Warranty will constitute as a material breach of this Agreement and will subject Contractor to penalties up to and including termination of this Agreement at the sole discretion of the City. 3. The City retains the legal right to inspect the papers of all Contractor personnel who provide services under this Agreement to ensure that Contractor or its subcontractors are complying with the Contractor Immigration Warranty. Contractor agrees to assist the City in regard to any such inspections. 4. The City may, at its sole discretion, conduct random verification of the employment records of Contractor and any subcontractor to ensure compliance with the Contractor Immigration v. 7.2024 9 Warranty. Contractor agrees to assist the City in regard to any random verification performed. 5. Neither Contractor nor any subcontractor will be deemed to have materially breached the Contractor Immigration Warranty if Contractor or subcontractor establishes that it has complied with the employment verification provisions prescribed by Sections 274A and 274B of the Federal Immigration and Nationality Act. D. Nondiscrimination. Contractor represents and warrants that it does not discriminate against any employee or applicant for employment or person to whom it provides services because of race, color, religion, sex, national origin, or disability, and represents and warrants that it complies with all applicable federal, state, and local laws and executive orders regarding employment. Contractor and Contractor’s personnel will comply with applicable provisions of Title VII of the U.S. Civil Rights Act of 1964, as amended, Section 504 of the Federal Rehabilitation Act, the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.), and applicable rules in performance under this Agreement. 3.11 Sales/Use Tax, Other Taxes Contractor is responsible for the payment of all taxes including federal, state, and local taxes related to or arising out of Contractor’s services under this Agreement, including by way of illustration but not limitation, federal and state income tax, Social Security tax, unemployment insurance taxes, and any other taxes or business license fees as required. If any taxing authority should deem Contractor or Contractor employees an employee of the City or should otherwise claim the City is liable for the payment of taxes that are Contractor’s responsibility under this Agreement, Contractor will indemnify the City for any tax liability, interest, and penalties imposed upon the City. The City is exempt from paying state and local sales/use taxes and certain federal excise taxes and will furnish an exemption certificate upon request. 3.12 Amounts Due the City Contractor must be current and remain current in all obligations due to the City during the performance of services under the Agreement. Payments to Contractor may be offset by any delinquent amounts due the City or fees and charges owed to the City. 3.13 Public Records In addition to all other contract requirements as provided by law, the Contractor executing this Agreement agrees to comply with public records law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, Rosemarie Call, Phone: 727-444-7151 or Email: Rosemarie.Call@myclearwater.com, 600 Cleveland Street, Suite 600, Clearwater, FL 33755. The Contractor agrees to comply with the following: A. Keep and maintain public records required by the City of Clearwater (hereinafter “public agency” in this section) to perform the service being provided by the contractor hereunder. B. Upon request from the public agency’s custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable v. 7.2024 10 time at a cost that does not exceed the cost provided for in Chapter 119, Florida Statutes, as may be amended from time to time, or as otherwise provided by law. C. Ensure that the public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency. D. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency. E. A request to inspect or copy public records relating to a public agency’s contract for services must be made directly to the public agency. If the public agency does not possess the requested records, the public agency shall immediately notify the contractor of the request and the contractor must provide the records to the public agency or allow the records to be inspected or copied within a reasonable time. F. The contractor hereby acknowledges and agrees that if the contractor does not comply with the public agency’s request for records, the public agency shall enforce the contract provisions in accordance with the contract. G. A contractor who fails to provide the public records to the public agency within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. H. If a civil action is filed against a contractor to compel production of public records relating to a public agency’s contract for services, the court shall assess and award against the contractor the reasonable costs of enforcement, including reasonable attorney fees, if: 1. The court determines that the contractor unlawfully refused to comply with the public records request within a reasonable time; and 2. At least eight (8) business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that the contractor has not complied with the request, to the public agency and to the contractor. I. A notice complies with subparagraph (h)2. if it is sent to the public agency’s custodian of public records and to the contractor at the contractor’s address listed on its contract with the public agency or to the contractor’s registered agent. Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic format. A Contractor who complies with a public records request within eight (8) business days after the notice is sent is not liable for the reasonable costs of enforcement. 3.14 Audits and Records v. 7.2024 11 Contractor must preserve the records related to this Agreement for five (5) years after completion of the Agreement. The City or its authorized agent reserves the right to inspect any records related to the performance of work specified herein. In addition, the City may inspect any and all payroll, billing or other relevant records kept by Contractor in relation to the Agreement. Contractor will permit such inspections and audits during normal business hours and upon reasonable notice by the City. The audit of records may occur at Contractor’s place of business or at City offices, as determined by the City. 3.15 Background Check The City may conduct criminal, driver history, and all other requested background checks of Contractor personnel who would perform services under the Agreement or who will have access to the City’s information, data, or facilities in accordance with the City’s current background check policies. Any officer, employee, or agent that fails the background check must be replaced immediately for any reasonable cause not prohibited by law. 3.16 Security Clearance and Removal of Contractor Personnel The City will have final authority, based on security reasons: (i) to determine when security clearance of Contractor personnel is required; (ii) to determine the nature of the security clearance, up to and including fingerprinting Contractor personnel; and (iii) to determine whether or not any individual or entity may provide services under this Agreement. If the City objects to any Contractor personnel for any reasonable cause not prohibited by law, then Contractor will, upon notice from the City, remove any such individual from performance of services under this Agreement. 3.17 Default A. A party will be in default if that party: (i) is or becomes insolvent or is a party to any voluntary bankruptcy or receivership proceeding, makes an assignment for a creditor, or there is any similar action that affects Contractor’s capability to perform under the Agreement; (ii) is the subject of a petition for involuntary bankruptcy not removed within sixty (60) calendar days; (iii) conducts business in an unethical manner or in an illegal manner; or (iv) fails to carry out any term, promise, or condition of the Agreement. B. Contractor will be in default of this Agreement if Contractor is debarred or suspended in accordance with the Clearwater Code of Ordinances Section 2.565 or if Contractor is debarred or suspended by another governmental entity. C. Notice and Opportunity to Cure. In the event a party is in default then the other party may, at its option and at any time, provide written notice to the defaulting party of the default. The defaulting party will have thirty (30) days from receipt of the notice to cure the default; the thirty (30) day cure period may be extended by mutual agreement of the parties, but no cure period may exceed ninety (90) days. A default notice will be deemed to be sufficient if it is reasonably calculated to provide notice of the nature and extent of such default. Failure of the non-defaulting party to provide notice of the default does not waive any rights under the Agreement. D. Anticipatory Repudiation. Whenever the City in good faith has reason to question Contractor’s intent or ability to perform, the City may demand that Contractor give a written assurance of its intent and ability to perform. In the event that the demand is made and no written assurance is given within five (5) calendar days, the City may treat this failure as an anticipatory repudiation of the Agreement. 3.18 Remedies v. 7.2024 12 The remedies set forth in this Agreement are not exclusive. Election of one remedy will not preclude the use of other remedies. In the event of default: A. The non-defaulting party may terminate the Agreement, and the termination will be effective immediately or at such other date as specified by the terminating party. B. The City may purchase the services required under the Agreement from the open market, complete required work itself, or have it completed at the expense of Contractor. If the cost of obtaining substitute services exceeds the contract price, the City may recover the excess cost by: (i) requiring immediate reimbursement to the City; (ii) deduction from an unpaid balance due to Contractor; (iii) collection against the proposal and/or performance security, if any; (iv) collection against liquidated damages (if applicable); or (v) a combination of the aforementioned remedies or other remedies as provided by law. Costs includes any and all, fees, and expenses incurred in obtaining substitute services and expended in obtaining reimbursement, including, but not limited to, administrative expenses, attorneys’ fees, and costs. C. The non-defaulting party will have all other rights granted under this Agreement and all rights at law or in equity that may be available to it. D. Neither party will be liable for incidental, special, or consequential damages. 3.19 Continuation During Disputes Contractor agrees that during any dispute between the parties, Contractor will continue to perform its obligations until the dispute is settled, instructed to cease performance by the City, enjoined or prohibited by judicial action, or otherwise required or obligated to cease performance by other provisions in this Agreement. 3.20 Termination for Convenience The City reserves the right to terminate this Agreement at its convenience, in part or in whole, upon thirty (30) calendar days’ written notice. 3.21 Termination for Conflict of Interest The City may cancel this Agreement after its execution, without penalty or further obligation, if any person significantly involved in initiating, securing, drafting, or creating the Agreement for the City becomes an employee or agent of Contractor. 3.22 Termination for Non-Appropriation and Modification for Budgetary Contraints The City is a governmental agency which relies upon the appropriation of funds by its governing body to satisfy its obligations. If the City reasonably determines, in its sole discretion, that it does not have funds to meet its obligations under this Agreement, the City will have the right to terminate the Agreement without penalty on the last day of the fiscal period for which funds were legally available. In the event of such termination, the City agrees to provide written notice of its intent to terminate thirty (30) calendar days prior to the stated termination date. 3.23 Payment to Contractor Upon Termination Upon termination of this Agreement, Contractor will be entitled only to payment for those services performed up to the date of termination, and any authorized expenses already incurred up to such date of termination. The City will make final payment within thirty (30) calendar days after the City has both completed its appraisal of the materials and services provided and received Contractor’s properly prepared final invoice. v. 7.2024 13 3.24 Non-Waiver of Rights There will be no waiver of any provision of this Agreement unless approved in writing and signed by the waiving party. Failure or delay to exercise any rights or remedies provided herein or by law or in equity, or the acceptance of, or payment for, any services hereunder, will not release the other party of any of the warranties or other obligations of the Agreement and will not be deemed a waiver of any such rights or remedies. 3.25 Indemnification/Liability A. To the fullest extent permitted by law, Contractor agrees to defend, indemnify, and hold the City, its officers, agents, and employees, harmless from and against any and all liabilities, demands, claims, suits, losses, damages, causes of action, fines or judgments, including costs, attorneys’, witnesses’, and expert witnesses’ fees, and expenses incident thereto, relating to, arising out of, or resulting from: (i) the services provided by Contractor personnel under this Agreement; (ii) any negligent acts, errors, mistakes or omissions by Contractor or Contractor personnel; and (iii) Contractor or Contractor personnel’s failure to comply with or fulfill the obligations established by this Agreement. If applicable, this paragraph shall be construed in harmony with F. S. § 725.06. B. Contractor will update the City during the course of the litigation to timely notify the City of any issues that may involve the independent negligence of the City that is not covered by this indemnification. C. The City assumes no liability for actions of Contractor and will not indemnify or hold Contractor or any third party harmless for claims based on this Agreement or use of Contractor-provided supplies or services. D. Nothing contained herein in intended to serve as a waiver by the City of its sovereign immunity, to extend the liability of the City beyond the limits set forth in Section 768.28, Florida Statutes, or be construed as consent by the City to be sued by third parties. 3.26 Warranty Contractor warrants that the services and materials will conform to the requirements of the Agreement. Additionally, Contractor warrants that all services will be performed in a good, workman-like, and professional manner. The City’s acceptance of service or materials provided by Contractor will not relieve Contractor from its obligations under this warranty. If any materials or services are of a substandard or unsatisfactory manner as determined by the City, Contractor, at no additional charge to the City, will provide materials or redo such services until in accordance with this Agreement and to the City’s reasonable satisfaction. Unless otherwise agreed, Contractor warrants that materials will be new, unused, of most current manufacture and not discontinued, will be free of defects in materials and workmanship, will be provided in accordance with manufacturer's standard warranty for at least one (1) year unless otherwise specified, and will perform in accordance with manufacturer's published specifications. If applicable, this paragraph shall be construed in harmony with F. S. § 725.06. 3.27 City's Right to Recover Against Third Parties Contractor will do nothing to prejudice the City’s right to recover against third parties for any loss, destruction, or damage to City property, and will at the City’s request and expense, furnish to the City reasonable assistance and cooperation, including assistance in the prosecution or defense of suit and the execution of instruments of assignment in favor of the City in obtaining recovery. 3.28 No Guarantee of Work v. 7.2024 14 Contractor acknowledges and agrees that it is not entitled to deliver any specific amount of materials or services or any materials or services at all under this Agreement and acknowledges and agrees that the materials or services will be requested by the City on an as needed basis at the sole discretion of the City. Any document referencing quantities or performance frequencies represent the City's best estimate of current requirements, but will not bind the City to purchase, accept, or pay for materials or services which exceed its actual needs. 3.29 Ownership All deliverables, services, and information provided by Contractor or the City pursuant to this Agreement (whether electronically or manually generated) including without limitation, reports, test plans, and survey results, graphics, and technical tables, originally prepared in the performance of this Agreement, are the property of the City and will not be used or released by Contractor or any other person except with prior written permission by the City. 3.30 Use of Name Contractor will not use the name of the City of Clearwater in any advertising or publicity without obtaining the prior written consent of the City. 3.31 FOB Destination Freight Prepaid and Allowed All deliveries will be FOB destination freight prepaid and allowed unless otherwise agreed. 3.32 Risk of Loss Contractor agrees to bear all risks of loss, injury, or destruction of goods or equipment incidental to providing these services and such loss, injury, or destruction will not release Contractor from any obligation hereunder. 3.33 Safeguarding City Property Contractor will be responsible for any damage to City real property or damage or loss of City personal property when such property is the responsibility of or in the custody of Contractor or its employees. 3.34 Warranty of Rights Contractor warrants it has title to, or the right to allow the City to use, the materials and services being provided and that the City may use same without suit, trouble, or hindrance from Contractor or third parties. 3.35 Proprietary Rights Indemnification Without limiting the foregoing, Contractor will without limitation, at its expense defend the City against all claims asserted by any person that anything provided by Contractor infringes a patent, copyright, trade secret, or other intellectual property right and must, without limitation, pay the costs, damages and attorneys' fees awarded against the City in any such action, or pay any settlement of such action or claim. Each party agrees to notify the other promptly of any matters to which this provision may apply and to cooperate with each other in connection with such defense or settlement. If a preliminary or final judgment is obtained against the City’s use or operation of the items provided by Contractor hereunder or any part thereof by reason of any alleged infringement, Contractor will, at its expense and without limitation, either: (a) modify the item so that it becomes non-infringing; (b) procure for the City the right to continue to use the item; (c) substitute for the infringing item other item(s) having at least equivalent capability; or (d) refund to the City an amount equal to the price paid, less reasonable usage, from the time of installation acceptance through cessation of use, which amount will be calculated on a useful life not less than five (5) years, plus any additional costs the City may incur to acquire substitute supplies or services. Nothing contained herein in intended to serve as a waiver by the City of its sovereign immunity, to extend the liability v. 7.2024 15 of the City beyond the limits set forth in Section 768.28, Florida Statutes, or be construed as consent by the City to be sued by third parties. 3.36 Contract Administration This Agreement will be administered by the Purchasing Administrator and/or an authorized representative from the using department. All questions regarding this Agreement will be referred to the administrator for resolution. Supplements may be written to this Agreement for the addition or deletion of services. Payment will be negotiated and determined by the contract administrator(s). 3.37 Force Majeure Failure by either party to perform its duties and obligations will be excused by unforeseeable circumstances beyond its reasonable control, including acts of nature, acts of the public enemy, riots, fire, explosion, legislation, and governmental regulation. The party whose performance is so affected will within five (5) calendar days of the unforeseeable circumstance notify the other party of all pertinent facts and identify the force majeure event. The party whose performance is so affected must also take all reasonable steps, promptly and diligently, to prevent such causes if it is feasible to do so, or to minimize or eliminate the effect thereof. The delivery or performance date will be extended for a period equal to the time lost by reason of delay, plus such additional time as may be reasonably necessary to overcome the effect of the delay, provided however, under no circumstances will delays caused by a force majeure extend beyond one hundred-twenty (120) calendar days from the scheduled delivery or completion date of a task unless agreed upon by the parties. 3.38 Cooperative Use of Contract This Agreement may be extended for use by other municipalities, counties, school districts, and government agencies with the approval of Contractor. Any such usage by other entities must be in accordance with the statutes, codes, ordinances, charter and/or procurement rules and regulations of the respective government agency. Orders placed by other agencies and payment thereof will be the sole responsibility of that agency. The City is not responsible for any disputes arising out of transactions made by others. 3.39 Fuel Charges and Price Increases No fuel surcharges will be accepted. No price increases will be accepted without proper request by Contractor and response by the City’s Procurement Division. 3.40 Notices All notices to be given pursuant to this Agreement must be delivered to the parties at their respective addresses. Notices may be (i) personally delivered; (ii) sent via certified or registered mail, postage prepaid; (iii) sent via electronic mail; (iv) sent via overnight courier; or (v) sent via facsimile. If provided by personal delivery, receipt will be deemed effective upon delivery. If sent via certified or registered mail, receipt will be deemed effective three (3) calendar days after being deposited in the United States mail. If sent via electronic mail, overnight courier, or facsimile, receipt will be deemed effective two (2) calendar days after the sending thereof. 3.41 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. 3.42 Integration Clause This Agreement, including all attachments and exhibits hereto, supersede all prior oral or written agreements, if any, between the parties and constitutes the entire agreement between the parties with respect to the work to be performed. v. 7.2024 16 3.43 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. 3.44 Severability If any provision of this Agreement is declared void or unenforceable, such provision will be severed from this Agreement, which will otherwise remain in full force and effect. The parties will negotiate diligently in good faith for such amendment(s) of this Agreement as may be necessary to achieve the original intent of this Agreement, notwithstanding such invalidity or unenforceability. 3.45 Surviving Provisions Notwithstanding any completion, termination, or other expiration of this Agreement, all provisions which, by the terms of reasonable interpretation thereof, set forth rights and obligations that extend beyond completion, termination, or other expiration of this Agreement, will survive and remain in full force and effect. Except as specifically provided in this Agreement, completion, termination, or other expiration of this Agreement will not release any party from any liability or obligation arising prior to the date of termination. DETAILED SPECIFICATIONS 4.1 Introduction The City of Clearwater (City) is a coastal community on Florida's West Coast and the third-largest city in the Tampa Bay area with a population of approximately 118,463 residents. Clearwater Beach, a renowned international destination in Pinellas County, attracts millions of tourists annually and most recently received the prestigious TripAdvisor Traveler’s Choice Award for 2024. It consistently ranks among the top vacation spots in both national and international publications, offering year-round attractions such as pristine "sugar sand" beaches, diverse dining options, and venues like the Philadelphia Phillies Spring Training and Clearwater Threshers Minor League Baseball. The acclaimed Clearwater Marine Aquarium, nationally recognized for its innovative work in marine rescue, rehabilitation, and release, remains a major draw for visitors. The City of Clearwater is committed to advancing sustainability through eco-friendly initiatives that enhance our economy, safeguard our environment, and fortify our community. 4.2 Scope of Services The City of Clearwater, FL, is seeking qualified contractors to provide professional tree services to provide leaner, hanger, and stump removal services post natural disaster. The objective of this solicitation is to eliminate eligible vegetative debris. This debris may include tree limbs, branches, stumps, or trees that are still in place, but damaged to the extent they pose an immediate threat. Immediate threats are defined as any eligible vegetative debris extending over improved property or public-use areas, City maintained right- of-way (ROW), trails, sidewalks, or playgrounds in or adjacent to city parks or other city owned public property. 4.3 Standards All work performed by the Contractor shall adhere to the following requirements: • American National Standards Institute (ANSI) A300 Standards for Tree Care Operations • International Society of Arboriculture (ISA) Best Management Practices (BMPs) • Occupational Safety and Health Administration (OSHA) requirements • City of Clearwater ordinances and regulations concerning tree care and removal v. 7.2024 17 • FDEM Leaner-Hanger-Stump Guidance (FROC-GUI-005) v4 or newer • FEMA Public Assistance Program and Policy Guide Version 5.0 or newer. 4.4 Assessment Tree location and storm intensity will determine the method in which assignments are provided. Trees shall require thorough inspection to determine necessary action. The city may provide tree locations by zone or address depending on property type. 4.5 Service Required for Broken Limb or Branch Removal Removal of broken limbs or branches that are two (2) inches or larger in diameter (measured at the point of break) that pose an immediate threat to the public are eligible. An example is a broken limb or branch that is hanging over improved property or public-use areas, such as trails, sidewalks, or playgrounds if it could fall and cause injury or damage to improved property. FEMA does not fund removal of broken limbs or branches located on private property unless: • The limbs or branches extend over the public ROW. • The limbs or branches pose an immediate threat. • The Applicant removes the hazard from the public ROW without entering private property. Only the minimum cutting required to eliminate the hazard is eligible. For example, removing a branch at its connection to the trunk is ineligible if the hazard can be mitigated by cutting it at the nearest main branch junction, such as a lateral, secondary or primary branch. Ineligible or Excluded Vegetation • Vegetation is ineligible if the hazard existed prior to the incident, or if the item is in a natural area and does not extend over improved property or public-use areas, such as trails, sidewalks, or playgrounds. • Pruning of vegetation for health, maintenance, structure, and aesthetics are ineligible. 4.6 Service Required for Tree Removal FEMA considers incident-damaged trees hazardous and eligible if they have a diameter of at least six (6) inches, measured 4.5 feet above ground level, and meet one of the following conditions: • Has a split trunk. • Has a broken canopy. • Is leaning at an angle greater than 30 degrees. For trees that have 50 percent or more of its root-ball exposed, the removal of both the tree and root-ball, as well as filling the resulting hole are eligible. For contracted tree removal, FEMA will not reimburse separate unit costs for removing the tree and its root-ball. For trees that have less than 50 percent of the root-ball exposed, FEMA will only provide Public Assistance (PA) funding to flush cut the tree at ground level and dispose of the cut portion based on volume or weight. Grinding any residual stump after cutting the tree is ineligible for reimbursement. 4.7 Service Required for Stump Removal v. 7.2024 18 For stumps that have 50 percent or more of the root-ball exposed, removal of the stump and filling the root- ball hole are eligible. If grinding the stump in-place is more cost-effective than extraction, it is also eligible for reimbursement. FEMA will only reimburse contracted per-stump costs if: • The stump has a diameter of at least two (2) feet, measured two (2) feet above the ground, an requires extraction as part of the removal. • Pricing for stump removal shall include extraction, transport, disposal, and filling the root-ball hole. Non-reimbursable stumps should be handled as follows: • Any stump smaller than two (2) feet in diameter, measured (2) feet above the ground shall be flush cut at ground level, with the cut portion disposed of based on volume or weight. All flush cut stumps shall be painted with pink solvent based paint for city staff identification. • Stumps with less than 50 percent of their root-ball exposed shall be flush cut at ground level, with the cut portion disposed of based on volume or weight. These stumps shall also be painted with pink solvent based paint for city staff identification. • Grinding of any remaining stump is ineligible for reimbursement, and no ineligible stumps shall be ground. 4.8 Documentation Requirements for Hazardous Limbs, Trees, and Stumps All work shall be documented using FROC-GUI-004: Leaner-Hanger-Stump Ticket, Photo Sheet and Checklist Template. A “Leaner-Hanger_Stump Ticket Photo Sheet and Checklist Template has been added as Exhibit A. If additional documentation is needed, an Additional Photo Sheet should be used to verify eligible work performed. The Applicant shall retain and provide, upon request, the following documentation to support the eligibility of contracted work for the removal of tree limbs, branches, stumps, or trees that are still in place, no exceptions: • A detailed description of the immediate threat, including the location (geographical coordinates in latitude, longitude) and photograph or video evidence establishing that the item is on public property (FEMA requires a representative sample for review). • The quantity removed. If a contractor charges an individual price for each limb, tree, or stump removed, FEMA requires the diameter of each item removed. • For stumps: Diameter must be measured 2 feet up the trunk from the ground • For trees: Diameter must be measured 4.5 feet up from the ground • Documentation of the quantity, location, and source of material used to fill root- ball holes. v. 7.2024 19 • A record of equipment used to perform the work. A completed Leaner-Hanger Summary FROC-SUM-002 shall be provided with all invoices. Failure to submit completed FROC-SUM-002 with invoice will result in non- payment of invoice. 4.9 Specific Guidelines for Pricing Contractors typically charge for debris removal based on a unit price per volume (cubic yards) or weight (tons). • Hazardous trees or stumps may be collected individually. • When collected individually, contractors often charge a price per tree or stump based on its size. • To promote cost-effective operations, FEMA recommends that Applicants procure branch or limb removal services using a one-time charge per tree rather than a unit price per limb or branch. • FEMA has specific eligibility criteria and documentation requirements for funding these items when priced per unit rather than by volume or weight. Failure to provide sufficient documentation with invoices may jeopardize reimbursement of services. 4.10 Service Requirements The Contractor shall provide all necessary labor, materials, tools, equipment, vehicles, transportation, insurance, and supervision to perform all related services, including but not limited to tree removal, pruning and stump removal services. The Contractor shall have access to or possess the necessary trucks, devices, chippers, stump grinders, hand tools and other equipment and supplies required to navigate various accessibility challenges and effectively perform the services outlined in these specifications. The Contractor shall submit a written work order to the City for approval prior to the start of any job. No work shall be performed without prior City approval. Contractors completing the work without prior approval may not be compensated. Tree removal may require climbing trees to perform the necessary work. Extreme care shall be taken to prevent limbs, branches, and trunks from falling and causing damage to adjacent homes, driveways, sidewalks, streets, and other public and/or private property. Limbs and branches larger than four (4) inches in diameter shall be lowered to the ground using ropes or other mechanical device(s). Contractor shall communicate any delays or work-related challenges to the designated City representative. 4.11 Tools, Equipment and Vehicles All tools, equipment and vehicles shall be in optimal operating conditions, free from oil and fluid leaks and properly maintained to ensure the safety of City residents, City personnel and Contractor personnel. The Contractor shall include a detailed list of equipment with bid submittal to be used in the performance of this contract. The listed equipment shall be subject to inspection by the City prior to contract award and at any time during the contract term. The Contractor shall maintain all necessary safety devices on tools, equipment and vehicles at all times. Proper tools and equipment shall be brought to each work site to ensure that the work is completed v. 7.2024 20 safely and professionally. If any tools or equipment lack proper safety devices and/or is being operated in an unsafe manner, the City shall direct the Contractor to remove the equipment and/or operator until the deficiency is corrected to the City’s satisfaction. The Contractor shall be liable for any injuries resulting from negligent operation of the tools or equipment. Tools, equipment, or work practice that damage tree bark or cambium shall be avoided. Climbing spikes shall not be used on trees unless the tree is being removed or an aerial rescue is required for an injured worker. All equipment shall be of commercial grade and of appropriate size and type suitable for the tasks outlined in this contract. Tools, equipment, and vehicles shall not be left unsecured at any time. All items shall be properly stored to prevent public access and safety risks. All vehicles used in this contract shall prominently display the company name and/or logo and telephone number on both sides. All vehicles shall be clean, well maintained and painted to present a neat, professional appearance and be free of any leaky fluids. All cabbed equipment shall be equipped with a Roll-over Protection System (ROPS) for operator safety. 4.12 Personnel Requirements The Contractor shall provide licensed and insured technicians to perform all work in compliance with Local, State, and/or Federal regulations. Personnel shall possess the knowledge, experience, and demonstrated ability to perform the required services and safely operate all necessary equipment. The Contractor shall supply competent and qualified employees with appropriate supervision. All personnel shall be skilled in their respective fields; unskilled laborers are not permitted to perform any work for the City. The Contractor shall have an on-site supervisor who is fully knowledgeable of safety procedures in the event of an injury or accident. The on-site supervisor shall have the ability to read and speak English fluently. The Contractor shall conduct a daily safety briefing with employees prior to beginning any operations specified under this contract. All safety practices shall be in conformance with applicable Local, State and Federal regulations. All work crews shall: • Wear company issued uniforms with identification • Use appropriate Personal Protection Equipment (PPE) • Meet ANSI Z133 standards • Comply with company policies and Occupational Safety and Health Act (OSHA) safety regulations • Maintain a professional and orderly demeanor while performing work on behalf of the City. The Contractor shall maintain an up-to-date list of employees assigned to perform services under this contract, including their name and position. A current employee list shall be included with bid submittal and upon request during the contract term. 4.13 Traffic Control and Pedestrian Safety Requirements v. 7.2024 21 The Contractor shall fully familiar and comply with Temporary Traffic Control (TTC) safety requirements. If required, the TTC plan shall be submitted to and approved by the City prior to any partial lane closure or commencement of the work. All necessary lane closures shall be approved by the City’s Traffic Operations Division and Parking Division a minimum of forty-eight (48) hours in advance of scheduled operations. (Contact: 727-562-4750) The Contractor shall coordinate maintenance operations in certain high pedestrian use areas and peak time periods with the City. Lane closures during the spring tourist season (March 1-May 1) are generally not permitted and will be evaluated on a case-by-case basis. The City reserves the right to restrict the hours of operation in areas with high pedestrian traffic. All proposed traffic control measures shall adhere to the latest edition of the Manual on Uniform Traffic Control Devices (MUTCD), the Florida Department of Transportation (FDOT) Roadway and Traffic Design Standards, (600 Series) and the FDOT Standard Specifications for Road and Bridge Construction. For work conducted within the public rights-of-way, the Contractor shall be responsible for all TTC measures per FDOT specifications and shall have a TTC certified individual on site while work is being performed. Documentation of TTC immediate certification is required with bid submittal. TTC services shall be provided by the Contractor for the duration of the contract and shall be included in unit pricing. The Contractor shall position advance warning signs as necessary, based on existing work conditions, to ensure proper traffic control. The Contractor shall provide a dedicated crew responsible for constructing, relocating, and maintaining all traffic control devices, covering, adding, or removing signs as needed, and performing any other work necessary to maintain a safe work zone. Two-way traffic shall always be maintained through intersections and along roadways. Full road closures are not permitted. 4.14 Electrical Hazards & Utility Coordination The Contractor shall be aware of primary power lines when working around trees within these locations and shall maintain a minimum clearance of ten (10) feet from power lines. The Contractor shall coordinate with the utility company as needed for assistance in removing limbs and branches which may interfere with utilities or pose a personal injury hazard during the execution of this agreement. The Contractor shall be responsible for contacting the appropriate utility company (Call 811) at least three (3) days prior to tree or stump removal to identify underground electric services which could be impacted by the work. The Contractor shall ensure that any area identified by the utility company as containing underground electrical services is clearly marked with white paint, and all necessary safety measures are implemented before work begins. The Contractor shall protect overhead utilities (telephone, cable, etc.) from damage and shall be held responsible for any claims resulting from damages caused by its services. 4.15 Public Awareness of Work Schedule The City aims to minimize public impact during the execution of this contract. v. 7.2024 22 The City shall provide the Contractor with written authorization, which must be kept in each vehicle while performing work. This document shall be presented upon request. The City shall issue the Contractor two (2) magnets per licensed vehicle, displaying the text: “Contractor for the City of Clearwater”. 4.16 Minimum Qualifications The Contractor shall have the capability to perform and complete the services in all respects in accordance with the solicitation documents. The Contractor shall have been in business for a minimum of five (5) years in all services as referenced herein. References. Three (3) references are required for whom the Contractor has performed similar work, preferably for a public agency of similar size, in the Tampa Bay region. Staff Certifications and Licenses. The Contractor shall have all necessary certifications and licenses (City, County, and State) as required under this contract and shall comply with all laws, ordinances, regulations, etc., applicable to work contemplated herein. • The Contractor is required to have one or more permanent full-time ISA certified arborists on staff and onsite during all arboricultural activities. • At time of bid submittal, the Contractor shall provide copies and a list to the City containing the names, certificate number, and expiration date, for permanent (full-time) staff members who are ISA Certified Arborists, certified intermediate TTC, and Landscape Best Management Practices for Pinellas County (BMP) Certified or GI-BMP (Green Industries). INSURANCE REQUIREMENTS A list of Insurance Policies that may be required. 5.1 Requirements The Vendor shall, at its own cost and expense, acquire and maintain (and cause any subcontractors, representatives or agents to acquire and maintain) during the term with the City, sufficient insurance to adequately protect the respective interest of the parties. Coverage shall be obtained with a carrier having an AM Best Rating of A-VII or better. In addition, the City has the right to review the Contractor’s deductible or self-insured retention and to require that it be reduced or eliminated. Specifically the Vendor must carry the following minimum types and amounts of insurance on an occurrence basis or in the case of coverage that cannot be obtained on an occurrence basis, then coverage can be obtained on a claims-made basis with a minimum three (3) year tail following the termination or expiration of this Agreement: 5.2 Commercial General Liability Insurance Coverage, including but not limited to, premises operations, products/completed operations, products liability, contractual liability, advertising injury, personal injury, death, and property damage in the minimum amount of $1,000,000 (one million dollars) per occurrence and $2,000,000 (two million dollars) general aggregate. 5.3 Commercial Automobile Liability Insurance v. 7.2024 23 Coverage for any owned, non-owned, hired or borrowed automobile is required in the minimum amount of $1,000,000 (one million dollars) combined single limit. 5.4 Workers’ Compensation Insurance Unless waived by the State of Florida and proof of waiver is provided to the City, statutory Workers’ Compensation Insurance coverage in accordance with the laws of the State of Florida, and Employer’s Liability Insurance in the minimum amount of $1,000,000 (one million dollars) each employee each accident, $1,000,000 (one million dollars) each employee by disease, and $1,000,000 (one million dollars) disease policy limit. Coverage should include Voluntary Compensation, Jones Act, and U.S. Longshoremen’s and Harbor Worker’s Act coverage where applicable. Coverage must be applicable to employees, contractors, subcontractors, and volunteers, if any. 5.5 Waiver of Subrogation With regard to any policy of insurance that would pay third party losses, Contractor hereby grants City a waiver of any right to subrogation which any insurer of the Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect such waiver, but this provision shall apply to such policies regardless of whether or not the city has received a waiver of subrogation endorsement from each insurer. The above insurance limits may be achieved by a combination of primary and umbrella/excess liability policies. 5.6 Other Insurance Provisions Prior to the execution of this Agreement, and then annually upon the anniversary date(s) of the insurance policy’s renewal date(s) for as long as this Agreement remains in effect, the Vendor will furnish the City with a Certificate of Insurance(s) (using appropriate ACORD certificate, SIGNED by the Issuer, and with applicable endorsements) evidencing all of the coverage set forth above and naming the City as an “Additional Insured” on the Commercial General Liability Insurance and the Commercial Automobile Liability Insurance. In addition when requested in writing from the City, Vendor will provide the City with certified copies of all applicable policies. The address where such certificates and certified policies shall be sent or delivered is as follows: City of Clearwater Attn: Procurement Division, 24-25 P.O. Box 4748 Clearwater, FL 33758-4748 Vendor shall provide thirty (30) days written notice of any cancellation, non-renewal, termination, material change or reduction in coverage. Vendor’s insurance as outlined above shall be primary and non-contributory coverage for Vendor’s negligence. Vendor reserves the right to appoint legal counsel to provide for the Vendor’s defense, for any and all claims that may arise related to Agreement, work performed under this Agreement, or to Vendor’s design, equipment, or service. Vendor agrees that the City shall not be liable to reimburse Vendor for any legal fees or costs as a result of Vendor providing its defense as contemplated herein. The stipulated limits of coverage above shall not be construed as a limitation of any potential liability to the City, and City’s failure to request evidence of this insurance shall not be construed as a waiver of Vendor’s (or any contractors’, subcontractors’, representatives’ or agents’) obligation to provide the insurance coverage specified. MILESTONES v. 7.2024 24 6.1 Anticipated Beginning and End of Initial Term The initial term is estimated to be from June 1, 2025 through May 31, 2026. If the commencement of performance is delayed because the City does not execute the contract on the start date, the City may adjust the start date, end date and milestones to reflect the delayed execution. 6.2 Renewal At the end of the initial term of this contract, the City may initiate renewal(s) as provided herein. The decision to renew a contract rests solely with the City. The City will give written notice of its intention to renew the contract no later than thirty (30) days prior to the expiration. Three (3), one (1) year renewal(s) are possible at the City’s option. 6.3 Extension The City reserves the right to extend the term of this contract, provided however, that the City shall give written notice of its intentions to extend this contract no later than thirty (30) days prior to the expiration date of the contract. 6.4 Prices All pricing shall be firm for the initial term of one (1) year except where otherwise provided by the specifications, and include all transportation, insurance and warranty costs. The City shall not be invoiced at prices higher than those stated in any contract resulting from this proposal. The Contractor certifies that the prices offered are no higher than the lowest price the Contractor charges other buyers for similar quantities under similar conditions. The Contractor further agrees that any reductions in the price of the goods or services covered by this proposal and occurring after award will apply to the undelivered balance. The Contractor shall promptly notify the City of such price reductions. A. During the sixty (60) day period prior to the renewal anniversary of the contract effective date, the Contractor may submit a written request that the City increase the prices in an amount for no more than the twelve month change in the Consumer Price Index for All Urban Consumers (CPI-U), US City Average, All Items, Not Seasonally Adjusted as published by the U.S. Department of Labor, Bureau of Labor Statistics for Tampa-St. Petersburg-Clearwater, FL (https://www.bls.gov/cpi/home.htm). The City shall review the request for adjustment and respond in writing; such response and approval shall not be unreasonably withheld. B. At the end of the initial term, pricing may be adjusted for amounts other than inflation based on mutual agreement of the parties after review of appropriate documentation. Renewal prices shall be firm for each renewal term listed above. C. No fuel surcharges will be accepted. BID SUBMISSION 7.1 Bid Submission The City prefers responses are submitted electronically through the City's e-Procurement Portal located at https://procurement.opengov.com/portal/myclearwater. Without exception, responses will not be accepted after the submission deadline regardless of any technical difficulties such as poor internet connections. The City strongly recommends completing your response well ahead of the deadline. Bidders can get help through OpenGov Assist, located on the bottom right of the OpenGov portal. v. 7.2024 25 Submittal Requirements can be found under Section 9. of this solicitation. PRICING SHEET Prices shall be all-inclusive to include labor, equipment, materials, tools, incidentals, and any other costs or services required to complete the project. The pricing for stump removal must cover extraction, transportation, disposal, and filling the root-ball hole. The Contractor shall provide TTC services for the entire contract duration, with costs incorporated into unit pricing. Miscellaneous hourly rates will be applied as needed, depending on the specific circumstances. Although these rates will be taken into account during the award process, they are not expected to be a primary focus of the award. PAYMENT TERMS: • City of Clearwater’s standard payment terms are NET30 • Electronic Funds Transfer (EFT) / Automated Clearing House (ACH CATEGORY 1: HAZARDOUS TREE REMOVAL PER LEANER SPECIFICATIONS All-inclusive pricing for hazardous tree removal per FEMA definition of leaner • Diameter at Breast Hight = DBH • Clear Trunk = CT • Removal of one tree/palm and stump = EA Line Item Description Unit of Measure Unit Cost 1-1A 6-10 inch diameter tree at DBH EA 1-2A 11-13 inch diameter tree at DBH EA 1-3A 14-17 inch diameter tree at DBH EA 1-4A 18-23 inch diameter tree at DBH EA 1-5A 24-35 inch diameter tree at DBH EA 1-6A 36-49 inch diameter tree at DBH EA 1-7A 50-59 inch diameter tree at DBH EA 1-8A 60+ inch diameter tree at DBH EA CATEGORY 1: HAZARDOUS PALM REMOVAL PER LEANER SPECIFICATIONS v. 7.2024 26 All-inclusive pricing for hazardous palm removal per FEMA definition of leaner • Diameter at Breast Hight = DBH • Clear Trunk = CT • Removal of one tree/palm and stump = EA Line Item Description Unit of Measure Unit Cost 1-1B 6 - 12 feet CT EA 1-2B 13 - 20 feet CT EA 1-3B 21 - 30 feet CT EA 1-4B 31 - 40 feet CT EA 1-5B 41 - 50 feet CT EA 1-6B 51 - 60+ feet CT EA CATEGORY 2: HAZARDOUS STUMP REMOVAL All-inclusive pricing for hazardous stump removal per FEMA Guidelines • Cost per Inch = IN Line Item Description Unit of Measure Unit Cost 2-1 Stump Removal 24- 30" diameter IN 2-2 Stump Removal 31-36" diameter IN 2-3 Stump Removal 36-47" diameter IN 2-4 Stump Removal over 48" diameter IN CATEGORY 3: HAZARDOUS LIMB REMOVAL All-inclusive pricing for hazardous limb removal per FEMA Guidelines • One Tree Regardless of the number of Hazardous Limbs = EA Line Item Description Unit of Measure Unit Cost 3-1 Hazardous Limb Removal regardless of tree DBH EA CATEGORY 4: MISCELLANEOUS HOURLY RATES Miscellaneous Hourly Rates shall be used on an-needed, case by case basis and will not be a basis of the award. v. 7.2024 27 Line Item Description Unit of Measure Unit Cost 4-1 Crew Leader HR 4-2 Grounds Person HR 4-3 Tree Climber HR 4-4 Aerial Lift 40'-60'(Bucket Truck) with Operator HR 4-5 Aerial Lift greater than 60' (Bucket Truck) with operator HR 4-6 Aerial lift 40'-60' (Track Bucket) with operator HR 4-7 Aerial lift greater than 60' (Track Bucket) with operator HR 4-8 Crane with Operator HR 4-9 Grapple truck with operator 30 CY minimum HR 4-10 Chipper Truck, Chipper with Operator HR 4-11 Skid Steer with grapple and operator HR 4-12 Loader with grapple and operator HR 4-13 Backhoe with grapple and operator HR SUBMITTAL REQUIREMENTS 1 Exceptions* Proposers shall indicate any and all exceptions taken to the provisions or specifications in this solicitation document. Exceptions that surface elsewhere and that do not also appear under this section shall be considered invalid and void and of no contractual significance. Do you have any exceptions to the provisions or specifications? ☐ Yes ☐ No *Response required When equals "Yes" Exceptions Taken* **Special Note – Any material exceptions taken to the City’s Terms and Conditions may render a Proposal non-responsive. v. 7.2024 28 Upload a copy of any exceptions taken to the provisions or specifications in this solicitation. *Response required 2 Additional Materials* Have you included any additional materials? ☐ Yes ☐ No *Response required When equals "Yes" Description of Additional Materials* Provide a brief description of the additional materials included. *Response required 3 Certified Business* Are you a Certified Small Business or a Certified Minority, Woman or Disadvantaged Business Enterprise? ☐ Yes ☐ No *Response required When equals "Yes" Certified Business Type* Pick one of the following. ☐ Certified Small Business ☐ Certified Minority, Woman, or Disadvantaged Business Enterprise *Response required When equals "Yes" Certifying Agency* List the Agency that provided your certification. *Response required When equals "Yes" Certification Documentation* Provide a copy of your certification. *Response required 4 Vendor Certification* By submitting this response, the Vendor hereby certifies that: A. It is under no legal prohibition on contracting with the City of Clearwater. v. 7.2024 29 B. It has read, understands, and is in compliance with the specifications, terms and conditions stated herein, as well as its attachments, and any referenced documents. C. It has no known, undisclosed conflicts of interest. D. The prices offered were independently developed without consultation or collusion with any of the other vendors or potential vendors or any other anti-competitive practices. E. No offer of gifts, payments or other consideration were made to any City employee, officer, elected official, or consultant who has or may have had a role in the procurement process for the commodities or services covered by this contract. The Vendor has not influenced or attempted to influence any City employee, officer, elected official, or consultant in connection with the award of this contract. F. It understands the City may copy all parts of this response, including without limitation any documents or materials copyrighted by the Vendor, for internal use in evaluating respondent’s offer, or in response to a public records request under Florida’s public records law (F.S. Chapter 119) or other applicable law, subpoena, or other judicial process; provided that the City agrees not to change or delete any copyright or proprietary notices. G. It hereby warrants to the City that the Vendor and its subcontractors will comply with, and are contractually obligated to comply with, all federal, state, and local laws, rules, regulations, and executive orders. H. It certifies that Vendor is not presently debarred, suspended, proposed for debarment, declared ineligible, voluntarily excluded, or disqualified from participation in this matter from any federal, state, or local agency. I. It will provide the commodities or services specified in compliance with all federal, state, and local laws, rules, regulations, and executive orders if awarded by the City. J. It is current in all obligations due to the City. K. It will accept all terms and conditions as set forth in this solicitation if awarded by the City. L. The signatory is an officer or duly authorized representative of the Vendor with full power and authority to submit binding offers and enter into contracts for the commodities or services as specified herein. ☐ Please confirm *Response required 5 E-Verify System Certification* PER FLORIDA STATUTE 448.095, CONTRACTORS AND SUBCONTRACTORS MUST REGISTER WITH AND USE THE E-VERIFY SYSTEM TO VERIFY THE WORK AUTHORIZATION STATUS OF ALL NEWLY HIRED EMPLOYEES. The affiant, by virtue of confirming below, certifies that: A. The Contractor and its Subcontractors are aware of the requirements of Florida Statute 448.095. B. The Contractor and its Subcontractors are registered with and using the E-Verify system to verify the work authorization status of newly hired employees. v. 7.2024 30 C. The Contractor will not enter into a contract with any Subcontractor unless each party to the contract registers with and uses the E-Verify system. D. The Subcontractor will provide the Contractor with an affidavit stating that the Subcontractor does not employ, contract with, or subcontract with unauthorized alien. E. The Contractor must maintain a copy of such affidavit. F. The City may terminate this Contract on the good faith belief that the Contractor or its Subcontractors knowingly violated Florida Statutes 448.09(1) or 448.095(2)(c). G. If this Contract is terminated pursuant to Florida Statute 448.095(2)(c), the Contractor may not be awarded a public contract for at least 1 year after the date on which this Contract was terminated. H. The Contractor is liable for any additional cost incurred by the City as a result of the termination of this Contract. ☐ Please confirm *Response required 6 References* Please download the below documents, complete, and upload. • REFERENCES.pdf *Response required 7 Scrutinized Company Certification* Please download the below documents, complete, and upload. • SCRUTINIZED_COMPANIES_AND_B... *Response required 8 Compliance with Anti-Human Trafficking Laws* Please download the below documents, complete, and upload. • Compliance_with_787.06_form... *Response required 9 Detailed List of Equipment* Reference Tools, Equipment and Vehicles under Detailed Specifications for additional information. *Response required 10 Current Employee List* Reference Personnel Requirements under Detailed Specifications for additional information. *Response required 11 TTC Immediate Certification* Reference Traffic Control and Pedestrian Safety Requirements under Detailed Specifications for additional information. *Response required 12 Staff Certification and Licenses* v. 7.2024 31 Reference Minimum Qualifications under Detailed Specifications for additional information. *Response required 13 W-9* Upload your current W-9 form. (available at http://www.irs.gov/pub/irs-pdf/fw9.pdf) *Response required June 27, 2025 NOTICE OF INTENT TO AWARD Parks and Recreation, Public Works, and the Procurement Division recommend awarding ITB No. 24-25, Emergency Services Leaner, Hanger, and Stump Removal, to the following vendors as the lowest, most responsible bidders in accordance with the bid specifications: Category 1: Hazardous Tree Removal • Primary: CTC Disaster Response Inc. • Secondary: O’Neils LLC • Tertiary: Tip Top Tree Experts LLC Category 1: Hazardous Palm Removal • Primary: O’Neils LLC • Secondary: CTC Disaster Response Inc. • Tertiary: Davey Tree Expert Company Category 2: Hazardous Stump Removal • Primary: O’Neils LLC • Secondary: CTC Disaster Response Inc. • Tertiary: Davey Tree Expert Company Category 3: Hazardous Limb Removal • Primary: CTC Disaster Response Inc. • Secondary: Tip Top Tree Experts LLC • Tertiary: O’Neils LLC Category 4: Misc Hourly Rates: Miscellaneous hourly rates will be applied as needed, depending on the specific circumstances. Although these rates will be taken into account during the award process, they are not expected to be a primary focus of the award. This award is being made to multiple vendors to ensure service continuity and requests the flexibility to seek services from the vendors listed above as a secondary and tertiary option. This Award recommendation will be considered by the City Council at the August 4, 2025, Work Session (1:30 p.m.) and voted on at the August 7, 2025, Council Meeting (6:00 p.m.). These meetings are held at Clearwater Main Library, at 100 N. Osceola Ave., Clearwater, FL 33755. Inquiries regarding this Intent to Award can be directed to the City’s Procurement Analyst II at Kelly.Rogers@myclearwater.com, or mailed to City of Clearwater, Attn: Procurement Division, PO Box 4748, Clearwater, FL 33758. Posted on this date by: Kelly Rogers Procurement Analyst II 1) CTC Disaster Response 2) Davey Tree Expert Company 4011 SW 29th St, Ste 130 1500 N Mantuna St Topeka, KS 66614 Kent, OH 44240 3) Garner Environmental Services 4) O'Neils LLC 952 Echo Lane, Ste 400 PO Box 492 Houston, TX 77024-2820 Ozona, FL 34660 5) Tip Top Tree Experts LLC PO Box 891 Weirsdale, FL 32195 ADVERTISED: TAMPA BAY TIMES 03.26.25 POSTED:myclearwater.com 03.25.26-04.30.24 FOR THE CITY OF CLEARWATER Due/Opening: April 24, 2025; 10:00 a.m. INVITATION TO BID No. 24-25 Emergency Services for Leaner, Hanger and Stump Removal Solicitation Response Listing Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#25-0766 Agenda Date: 9/4/2025 Status: Public HearingVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 6.8 SUBJECT/RECOMMENDATION: Approve a modification to the scope for the Long Center Renovation Project (21-0026-PR) to include repair of leaks in the Olympic pool and renovations of the pool shell on both the Olympic pool and the therapy pool and authorize the appropriate officials to execute same. SUMMARY: On January 16, 2025, the City Council authorized a Guaranteed Maximum Price (GMP) proposal from Creative Contractors, Inc. in the amount of $14,504,354.00 for renovations to the Long Center natatorium building. The scope included weld repairs to the building’s corroded structural framing, replacement of the single pane window system with an insulated glass curtain wall rated for wind and large missile impact, installation of a new reflective Thermoplastic Polyolefin (TPO) membrane roof with a 25 KW AC Solar PV array, a new roof top HVAC / dehumidification system, replacement of pool water treatment equipment, and the construction a 1,700 square foot air-conditioned “Sun Deck” addition, bringing the project total to $14,590,729.00. To reduce costs, and at the request of the Council, the “Sun Deck” component was removed from the project scope. However, funding for the “Sun Deck” remained in the purchase order and project budget. At the January 16th meeting, staff informed Council that, prior to and unrelated to Project 21-0026-PR, multiple leaks had been identified in the pool shell. Consultants were engaged to assess the pool’s condition and recommended repairs. Hunsicker, a sub-consultant to Wannemacher Jensen Architects (WJA), prepared the required designs and specifications, and Creative Contractors secured a competitive bid for the repair work. With the removal of the Sun Deck and reductions to the original scope for items no longer needed due to these repairs, staff request authorization to proceed. No additional funding is required for these renovations. APPROPRIATION CODE AND AMOUNT: Funds have already been budgeted in the capital improvement project 315-C2202, Long Center Major Renovation, to fund this contract. This is funded by General Fund and Penny for Pinellas Revenues. USE OF RESERVE FUNDS: N/A STRATEGIC PRIORITY: Approval of the purchase order supports several Strategic Plan Objectives, including: ·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. ·1.5: Embrace a culture of innovation that drives continuous improvement and successfully serves all our customers. Page 1 City of Clearwater Printed on 9/2/2025 File Number: ID#25-0766 ·2.3: Promote Clearwater as a premier destination for entertainment, cultural experiences, tourism, and national sporting events. ·3.2: Preserve community livability through responsible development standards, proactive code compliance, and targeted revitalization. ·4.2: Adopt renewable resource usage and waste reduction practices to ensure a vibrant City for current and future generations Page 2 City of Clearwater Printed on 9/2/2025 Pool Renovation Long Center Natatorium Pool Work Temp Circulation ($128,862.00) Visqueen for Pool ($55,000.00) Relocate Visqueen at Pool ($16,500.00) Relocate Plywood at Pool ($4,000.00) Plywood Partition at Pool ($12,000.00) Edge of Pool Fall Protection $15,909.52 Edge of Pool Rail Anchor Boots $2,000.00 Pool Work $671,407.00 Dewatering - including fuel $100,258.60 Allowance Deck Patching $12,000.00 Temp Pool Chemicals $0.00 excluded Subtotal $585,213 Deck Coating Protect Existing Pool Deck ($24,600.00) Patch Holes in Existing Pool Deck $8,500.00 New Deck Coating - Elite Crete - Sand $73,862.00 Sundeck Coating $19,868.00 Subtotal $77,630 GCs & GRs General Conditions - 2.5 Months 78,715.40$ General Requirements - 2.5 Months 37,350.00$ Subtotal 116,065.40$ Subtotal $778,909 GL 0.62%$4,829.23 SDI 1.125%$9,736.36 Bond 0.72%$5,608.14 Fee 5%$39,954.11 Total $839,036.36 Pool Notes Pool to be filled with Hydrant meter. Water bill by Owner 2x2 Deck Tile and Backsplash Gutter Tile to remain. See Alternates below Therapy Pool Tile Lane Lines to remain CCI recommends keeping the remaining Sundeck Allowance money aside for Contingency for the Pool work Includes removal and replacement of railings and ladders. Existing Rails and ladders to be reused After initial filling and balancing of the pool water it will be the Long Center's responsibility to add chemicals and maintain pool Dewatering is included as an Allowance Pool Alternates Add Alt Replace Tile at Therapy Pool Lane Lines $13,428.25 Therapy Pool Gutter Backsplash and Deck Tile $46,851.03 Competition Pool Gutter Backsplash and Deck Tile $79,118.19 Decking Coating Notes Deck coating system is included as a Sand Finish Includes coating of Sundeck Concrete Product to be by Elite Crete Systems Includes 2 year Manufacturers Warranty Maintenance Agreement is not included. See Alternates below Deck Coating Alternates Add Add - Sundeck Sundeck Coating - Flake ($1,294)($581) Sundeck Coating - Sand included included Sundeck Coating - Quartz $19,882 $26,024 Gemstone Maintenance Agreement - twice/yr $10,651 $2,823 Extended General Conditions New Perimeter Concrete Curb and Window Concrete Concrete Column Base Repairs Unforeseen Steel and Concrete Conditions Added Solar Work Added Pool Scope Added Sundeck Canopy New Expected Completion Date 7/22/26 Detailed Breakdown Dewatering Week Dewatering Fuel Fuel Tank Misc Core Drill Holes 10,000.00$ 1st 9,715.60$ 1,369.00$ 700.00$ 1,500.00$ 2nd 3,402.60$ 1,369.00$ 3rd 3,402.60$ 1,369.00$ 4th 3,402.60$ 1,369.00$ 5th 3,402.60$ 1,369.00$ 300.00$ 1,500.00$ 6th 3,402.60$ 1,369.00$ 7th 3,402.60$ 1,369.00$ 8th 3,402.60$ 1,369.00$ 9th 3,402.60$ 1,369.00$ 300.00$ 1,500.00$ 10th 3,402.60$ 1,369.00$ 11th 3,402.60$ 1,369.00$ 12th 3,402.60$ 1,369.00$ 13th 3,402.60$ 1,369.00$ 300.00$ 1,500.00$ 14th 3,402.60$ 1,369.00$ 15th 3,402.60$ 1,369.00$ 16th 3,402.60$ 1,369.00$ Totals 60,754.60$ 21,904.00$ 1,600.00$ 16,000.00$ 100,258.60$ Notes Fuel by Jet Age 500 Gal Fuel Tank General Conditions hrs weeks Tim 81.72 40 11 35,956.80$ Tim - Travel 750 2.5 mo 1,875.00$ Jeb 81.45 40 11 35,838.00$ Jeb - Travel 800 2.5 mo 2,000.00$ Admin 38.07 10 8 3,045.60$ Total 78,715.40$ General Req Trash 10,000.00$ Trailer 1225 2.5 mo 3,062.50$ Toilets 830 2.5 mo 2,075.00$ Printer 250 2.5 mo 625.00$ Internet 135 2.5 mo 337.50$ Temp Labor 8500 2.5 mo 21,250.00$ Total 37,350.00$ Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#25-0740 Agenda Date: 9/4/2025 Status: Public HearingVersion: 1 File Type: Action ItemIn Control: Public Utilities Agenda Number: 6.9 SUBJECT/RECOMMENDATION: Approve Change Order No. 1 to Rowland Inc. (an Allclear Company) of Pinellas Park, FL, for the Reclaimed Water Piping Improvements Project, ITB 21-0029-UT, extending the contract duration by 365 days, from April 3, 2025, to April 2, 2026, and authorize the appropriate officials to execute the necessary documents. SUMMARY: On February 8, 2023, the City’s Public Utilities Department issued Invitation to Bid (ITB) 21-0029-UT for the Reclaimed Water Piping Improvements Project (Project). The scope of work includes, but is not limited to, looping dead-end mains, replacing damaged valves, and installing or replacing service lines. On May 18, 2023, City Council authorized the award of this project to Rowland, the lowest responsive and responsible bidder, in the amount of $7,527,886.47, in accordance with the project plans and specifications. The project was originally expected to be completed within 548 calendar days from the Notice to Proceed; however, Rowland has experienced several unforeseen challenges beyond their control that have impacted the project schedule and caused delays, including the following: a.Material Delays: During the pre-construction meeting, Rowland raised concerns about significant delays in procuring brass service line components (e.g., corporation stops and curb stops), with lead times exceeding six months. While awaiting materials, Rowland continued progress on other areas of the project, including the installation of main pipelines. b.Weather-Related Impacts and Concurrent Projects: Rowland was simultaneously performing work on Clearwater Beach Island, where they are under contract to replace 925 reclaimed water service lines. Their schedule was impacted by multiple storm events (Hurricane Debby in August 2024, Hurricane Helene in September 2024, and Hurricane Milton in October 2024). Following these storms, recovery and cleanup efforts extended through January 10, 2025. During this period, Rowland redirected efforts to Druid Road, also within the project scope, where they completed RCW main and service replacements. Three weeks after receiving clearance to resume work in storm-impacted areas, Rowland returned to North Beach to continue work. c.Unanticipated Restoration Work: Rowland performed restoration efforts exceeding the original design estimates. This included additional work requested by the City and unforeseen site conditions. For example, added curbing and sidewalk restoration along MLK Avenue between Drew Street and Cleveland Street were not included in the original design scope. d.Emergency Response Assignments: Rowland was also engaged in emergency repair work under Contract 22-0006-UT, Sewer Point Repair and Improvements Project, following the storm events. Numerous emergency work orders were issued, further contributing to project delays. Given the delays caused by material procurement issues, hurricane-related disruptions, expanded restoration requirements, and emergency assignments, all of which were outside of the contractor’s Page 1 City of Clearwater Printed on 9/2/2025 File Number: ID#25-0740 control, a 12-month contract extension is recommended. This extension will allow sufficient time to complete the remaining scope of work, specifically the installation of service lines on North Beach, based on current field conditions. No additional funding will be needed to complete the project. APPROPRIATION CODE AND AMOUNT: Funds are available in capital project 3217321-546900-96739, Reclaimed Water Distribution, to fund this contract. The Public Utilities department and associated projects are funded by the Water and Sewer Utility Enterprise Fund revenues. STRATEGIC PRIORITY: Establishing this contract offers a high level of service to our residents. It meets the City’s Strategic Plan to achieve High Performing Government by maintaining public infrastructure through systematic management efforts, extension of Construction Contract to Rowland Inc. is requested. The project also aligns with the City’s Strategic goals of Community Well-Being and Environmental Stewardship. Page 2 City of Clearwater Printed on 9/2/2025 January 3, 2024 Re: Ford Meter Box Lead Times To Whom It May Concern, As a result of the robust business climate and supply chain challenges, our traditional lead times are being stretched. Ford Meter Box is not immune to the delivery issues facing the waterworks industry today. We are working hard to support your expectations of us and appreciate your patience during these unprecedented times. Due to the circumstances noted above, our current lead times for most brass and copper material is approximately 22-27 weeks from the time of order. The majority of iron material is approximately 19-21 weeks from the time of order. This is applicable to new orders and is not retroactive to material currently on backorder. We will ship the product sooner should it become available before this timeframe. Once again, we apologize for this inconvenience and appreciate your patience as we navigate the uncertainty facing the industry today. Best Regards, Rodney A. Kelsheimer Manager of Inside Sales March 3, 2025 City of Clearwater Andrija Selak Project Manager 1650 North Arcturas Ave, Bldg C Clearwater, FL 33765 RE: City of Clearwater 18-0040-UT Task 9 Reclaimed Water Piping Improvements Dear Mr. Selak, CHA Consulting, Inc. (CHA) has provided engineering design services and is currently assisting the City in construction oversight for the Reclaimed Water Piping Improvements project, currently being constructed by Rowland, Inc. (Rowland) under City project number 21-0029-UT. Since this project started in Fall 2023, Rowland has experienced issues outside of their control that have impacted the project schedule resulting in delays as described below. 1. Material delays for the brass service line (corporation stops and curb stops) were expressed in concern during the pre-construction meeting on September 6, 2023. These lead times were indicated to be significant, greater than 6 months. Rowland did make efforts to complete other work during this delay, including the main pipeline installations. 2. During the project, Rowland was delayed from completing work on the Clearwater Beach Island (where they are contracted to replace 925 reclaimed water service lines) due to Hurricane Helene and Hurricane Milton. This delay, starting on September 24, 2024, followed by requests to stop work due to extensive debris, and subsequently followed by Hurricane Milton on October 8, 2024 and similar delays due to debris clean up. 3. The reclaimed water system was not operational for a period of time (~2 months) due to multiple repairs that were needed following the hurricanes and subsequently prevented connections to the system since the new connections could not be pressure tested with the system offline. Rowland has experienced delays related to material lead times and hurricane events as described above. As such, it’s recommended that a minimum of 8 months schedule extension be provided. We feel based on current conditions in the field to install the remaining services lines on north beach that a 12 month extension will be required to complete the remaining scope of work. In addition to the schedule extension, Rowland has also completed additional restoration, in excess of the amount originally assumed during the design. This is based on additional requests to complete restoration in the vicinity of the work as well as additional restoration not anticipated due to unforeseen circumstances and unknowns during design. As such, throughout construction, $605,793.52 contingency has been reallocated into the existing bid items to support the additional quantities, resulting in a total remaining contingency of $76,191.00. CHA City of Clearwater 2 March 3, 2025 has completed a review of the remaining construction work outstanding and remaining bid items and has approximated that up to $469,223.90 can be reallocated from existing bid items where work has generally been completed to bid items where additional funds may be required for project construction completion. Combined with the remaining contingency, there is up to $545,414.90 funds remaining. If you have any questions on the schedule extension or budget, please do not hesitate to contact me. Regards, Weston Haggen, PE Senior Project Manager C.S.X. RAILROADFAIRMONT ST MARTIN LUTHER KING JR AVELADY MARY DRDRUID RD DREW ST DRUID RD SUNSET POINT RD N BELCHER RDGULF-TO-BAY BLVD UNION ST CLEVELAND ST N KEENE RD N BETTY LN GULF BLVD COURT ST N HERCULES AVE S MISSOURI AVE N HIGHLAND AVE KINGS HWY S BELCHER RD ME M O R I A L C S W Y N MYRTLE AVE DOUGLAS AVE PALMETTO ST VIRGINIA AVE SUNSET DR Document Path: C:\Users\Christopher.Melone\Downloads\21-0029-UT_RCW Pipe_Improv_A_D (1).mxd Reclaimed Water Piping Improvements Construction Areas A - G Project Number: 21-0029-UT LOCATION MAP Prepared by:Public Works/Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756 Ph: (727)562-4750, Fax: (727)526-4755 www.MyClearwater.com Page 1 of 1 Date: 2/6/2023² N.T.S.Scale: CRMMap Gen By: TKReviewed By: AREAG AREAF AREAD AREAC AREAB AREAE AREAA Legend Clearwater Service Area Area not in Clearwater Jurisdiction Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#25-0741 Agenda Date: 9/4/2025 Status: Public HearingVersion: 1 File Type: Action ItemIn Control: Public Utilities Agenda Number: 6.10 SUBJECT/RECOMMENDATION: Authorize a purchase order to EWT Holdings Ill dba Evoqua Water Technologies, LLC (Evoqua) of Sarasota, FL for chemical tank and feed rental and bulk odor control chemical delivery in the not-to-exceed amount of $255,000.00, beginning August 22, 2025 through July 19, 2026, pursuant to Clearwater Code of Ordinances Section 2.563(1 )(c), Piggyback, and authorize the appropriate officials to execute same. SUMMARY: The Public Utilities Department is requesting authorization of a purchase order to utilize Evoqua for chemical tank and feed rental, the delivery of bulk hydrogen peroxide (50%) and Odophos for control of odors and corrosion at the Northeast Water Reclamation Facility and Lift Station 42. The pricing for hydrogen peroxide (50%) and Odophos to manage odors and corrosion was obtained through a competitive bidding process under Manatee County Contract 24-R084063BB for Corrosion and Odor Control Services. This contract pricing, valid until July 19, 2026, includes delivery, application equipment, ongoing maintenance, technical evaluation/support services, and technology licenses. Authorization is requested to piggyback Manatee County Contract No. 24-R084063BB through July 19, 2026. APPROPRIATION CODE AND AMOUNT: Funds are available in Public Utilities operating code 4211355-530300, Other Contractual Service, and 4211355-551700, Bulk Chemicals, to fund this contract. Public Utilities is funded by the Water and Sewer Utility Enterprise Fund revenues. STRATEGIC PRIORITY: The approach has resulted in relatively few odor complaints over the last few years, therefore it is an example of environmental stewardship, superior public service and a benefit to community well-being. Page 1 City of Clearwater Printed on 9/2/2025 AMENDMENT NO. 1 TO AGREEMENT NO. 24-R084063BB FOR CORROSION & ODOR CONTROL SERVICES This Amendment No. 1 to Agreement No. 24-R084063BB (hereinafter referred to as “Amendment”) is made as of this 20th day of July, 2025 (hereinafter referred to as “Effective Date”) between Manatee County, a political subdivision of the State of Florida, with its principal place of business located at 1112 Manatee Avenue West, Bradenton, Florida 34205 (hereinafter referred to as “County”) and EWT Holdings III Corp. DBA Evoqua Water Technologies, LLC, a Delaware limited liability company, whose address is 2650 Tallevast Road, Sarasota, Florida 34243, (hereinafter referred to as “Contractor”); collectively referred to as the “Parties” and individually as “Party”. WHEREAS, on July 20, 2024, the Parties hereto entered into Agreement No. 24-R084063BB for Corrosion & Odor Control Services (hereinafter referred to as “Agreement”); and WHEREAS, the County has determined a need to extend the Agreement and incorporate Exhibit B.01, Fee Rate Schedule; and WHEREAS, Contractor agrees to continue to provide the corrosion and odor control services to the County in accordance with the terms and conditions of the Agreement. NOW, THEREFORE, in consideration of the promises and mutual covenants contained herein and for other good and valuable considerations, the receipt and sufficiency of which are hereby mutually acknowledged, the Parties hereto agree as follows: 1. Recitals The above recitals are true and correct and are incorporated herein by reference. 2. Agreement Term This Amendment No. 1 hereby extends the Agreement beginning July 20, 2025 and ending July 19, 2026. 3. Exhibit B, Fee Rate Schedule Exhibit B, Fee Rate Schedule is hereby replaced with Exhibit B.01, Fee Rate Schedule effective July 20, 2025. 4. Agreement The Agreement and this Amendment No. 1 represent the entire understanding between the Parties. 5. Terms and Conditions Except as otherwise stated herein, the terms and conditions of the Agreement shall constitute the terms and conditions of this Amendment. A true and correct copy of the Agreement is hereby incorporated by this reference. [Remainder of this page intentionally left blank] For: EXHIBIT B.01 - FEE RATE SCHEDULE: CALCIUM NITRATE 1. Contractor’s fees must be all inclusive. No other fees will be allowed. Manatee County doses approximately 370,000 gallons of Calcium Nitrate annually. 2. Contractor’s fees for the proposed chemicals as follows: DESCRIPTION UNIT OF MEASURE UNIT COST Chemical, Calcium Nitrate Gallon $3.88 3. Based upon the lift station information provided in the RFP, including the Exhibits, and the Contractor’s services, estimated monthly cost for each chemical: $125,570.00 per month 4. Contractor’s fees for the services as follows: Vapor Phase Systems ITEM # DESIGN AIR FLOW (cfm) AVERAGE DESIGN H2S CONCENTRATION (ppmv) A. <15 B. 15-150 C. 150-300 D. 300-500 1 Natural Draft $ 323 $910 N/A N/A 2 0-75 $759 $1,276 $2,650 $2,755 3 0-140 $1,260 $1,830 $3,150 $3,525 4 0-280 $1,816 $2,556 $3,725 $4,919 5 0-600 $2,040 $2,725 $4,560 $5,573 6 0-850 $3,112 $3,869 $5,019 $5,766 7 0-1150 $3,516 $4,802 $5,961 $7,293 8 0-1500 $3,749 $4,850 $6,075 $7,359 9 0-2000 $4,031 $5,085 $7,286 $8,447 10 0-3000 $4,924 $5,502 $8,725 $10,374 11 0-4000 $5,364 $6,574 $10,081 $14,254 12 0-5000 $5,710 $6,851 $10,958 $17,920 13 0-8000 $9,164 $10,345 $16,195 $23,226 14 0-12000 $13,326 $14,744 $19,398 $38,224 15 0-15000 $14,406 $15,848 $27,238 N/A 16 0-18000 $17,847 $19,798 $36,559 N/A 17 0-20000 $21,855 $23,126 N/A N/A 5. CHEMICAL / BIOLOGICAL PRODUCTS ITEM # DESCRIPTION PRICE 1 Bioxide $ 3.88 / gallon 2 Bioxide Plus 71 $ 4.64 / gallon 3 Bioxide AQ $ 2.98 / gallon 4 Odophos $ 1.78 / gallon 5 Odophos Plus $ 2.40 / gallon 6 Ferric Sulfate (9%) $ 2.44 / gallon 7 50% Hydrogen Peroxide $ 0.56 / lb 8 VX 456 (Bulk Tanker) $ 1.64 / lb 9 VX 456 (Tote) $ 2.12 / lb 10 Aktivox (Bulk Tanker) $ 1.25 / lb 11 Aktivox (Tote) $ 2.24 / lb 12 Textone L $ 1.19 / lb 14 AQuit $ 21.64 / lb 15 Alkagen AQ $ 2.10 / gallon 16 Alkagen X $ 3.88 / gallon 17 Sodium Hydroxide 25% $ 5.18 / gallon 18 Sodium Hydroxide 50% $ 8.93 / gallon 19 Sodium Hypochlorite $ 4.45 / gallon 20 Perox Plus $ 4.26 / lb All product prices within this section include delivery, application equipment, ongoing maintenance, technical evaluation/support service, and technology licenses. 6. VAPOR PHASE ODOR CONTROL – EXISTING EQUIPMENT The following table represents monthly cost for existing installations installed in Manatee County prior to 2024. ITEM # DESIGN AIR FLOW (cfm) AVERAGE DESIGN H2S CONCENTRATION (ppmv) A. <15 B. 15-150 C. 150-300 D. 300-500 1 Natural Draft $130 $313 N/A N/A 2 0-75 $527 $723 N/A N/A 3 0-140 $917 $1,345 $1,485 $2,064 4 0-280 $1,021 $1,485 $2,064 $3,023 5 0-600 $1,564 $2,064 $3,023 $3,415 6 0-850 $2,293 $3,023 $3,232 $3,910 7 0-1150 $2,711 $3,232 $3,415 $4,431 8 1-1500 $2,972 $3,415 $3,910 $4,901 9 0-2000 $3,180 $3,910 $4,431 $5,265 10 0-3000 $3,649 $4,431 $4,901 $7,820 11 0-4000 $4,145 $4,901 $5,265 $10,948 12 0-5000 $4,536 $5,265 $7,820 $11,991 13 0-8000 $7,090 $7,820 $10,948 $14,557 14 0-12000 $10,271 $10,948 $11,991 $21,898 15 0-15000 $11,261 $11,991 $14,557 N/A 16 0-18000 $13,535 $14,557 $21,898 N/A Notes: If a chemical scrubber is required, all applicable sodium hydroxide and bleach shall be charged in addition to the above. 7. SERVICE ON CUSTOMER-OWNED VAPOR PHASE EQUIPMENT The following table represents monthly cost for routine services rendered for vapor phase odor control equipment owned by the county. ITEM# DESIGN AIR FLOW (cfm) AVERAGE DESIGN H2S CONCENTRATION (ppmv) A. <15 B. 15-150 C. 150-300 D. 300-500 1 Natural Draft $332 $488 N/A N/A 2 0-75 $367 $599 N/A N/A 3 0-140 $367 $599 $621 $643 4 0-280 $367 $621 $643 $709 5 0-600 $367 $621 $753 $830 6 0-850 $467 $643 $907 $973 7 0-1150 $467 $709 $907 $1017 8 1-1500 $467 $709 $973 $1017 9 0-2000 $467 $753 $1017 $1017 10 0-3000 $467 $973 $1017 $1,386 11 0-4000 $467 $1017 $1,386 $1,606 12 0-5000 $467 $1017 $1,386 $2,773 13 0-8000 $467 $1,386 $2,773 $3,212 14 0-12000 $467 $1,606 $3,212 $6,426 15 0-15000 $467 $2,773 $4,159 N/A 16 0-18000 $467 $2,773 $6,426 N/A 17 0-20000 $934 N/A N/A N/A Notes: 1. Repairs will be quoted separately on an as-needed basis. 2. Monthly fees do not include change out of odor control media(s). 3. Monthly fees do not include routine service for Chemical Scrubbers. 8. PROFESSIONAL SERVICES & OTHER PRODUCTS The following services are offered in conjunction with odor control projects that do not include provision of technologies or services from Evoqua, which are found elsewhere in this contract. Professional Services: Service Description Proposed 1. Engineer or Chemist $175.00 / hour 2. Technician $159.00 / hour 3. VaporLink Monitoring $275.00 monthly / site Other Products: ITEM# DESCRIPTION UNIT UNIT PRICE 1 VoCarb® P60 Supersack Lbs $3.34 2 VoCarb® P60 Bag Lbs $3.80 3 VoCarb® 36C Supersack Lbs $2.31 4 VoCarb® 36C Bag Lbs $2.77 5 MIDAS® C20 (coconut based) Supersack Lbs $6.93 6 MIDAS® C30 (coconut based) Supersack Lbs $7.96 7 MIDAS® OCM (coal based) Supersack Lbs $7.60 8 MIDAS® OCM (coal based) Bag Lbs $8.42 9 Biofilter Nutrient 8-2-8 (5-Drum Quantity) Gal $20.54 10 Biofilter Nutrient 8-2-8 ( 5-Gallon Minimum) Gal $30.81 11 Bioglas® Media Lbs $9.76 END OF EXHIBIT B.01 AGREEMENT No. 24-R084063BB CORROSION & ODOR CONTROL SERVICES between MANATEE COUNTY (COUNTY) and EWT HOLDINGS III CORP. DBA EVOQUA WATER TECHNOLOGIES, LLC (CONTRACTOR) 1 AGREEMENT FOR CORROSION & ODOR CONTROL SERVICES THIS AGREEMENT is made and entered into as of this 20th day of July, 2024 (“Effective Date”), by and between MANATEE COUNTY, a political subdivision of the State of Florida, (“COUNTY”), with offices located at 1112 Manatee Avenue West, Bradenton, Florida 34205, and EWT HOLDINGS III CORP. DBA EVOQUA WATER TECHNOLOGIES, LLC, a Delaware Limited Liability Company, (“CONTRACTOR”) with offices located at 2650 Tallevast Road, Sarasota, Florida 34243, and duly authorized to conduct business in the State of Florida. COUNTY and CONTRACTOR are collectively referred to as the “Parties” and individually as “Party.” WHEREAS, CONTRACTOR engages in the business of corrosion and odor control services; and WHEREAS, COUNTY has determined that it is necessary, expedient and in the best interest of COUNTY to retain CONTRACTOR to render the non-professional services described in this Agreement; and WHEREAS, this Agreement is a result of CONTRACTOR'S submission of a proposal in response to Request for Proposal No. 24-R084063BB and COUNTY thereafter conducted a competitive selection process in accordance with the Manatee County Procurement Code. NOW, THEREFORE, the COUNTY and CONTRACTOR, in consideration of the mutual covenants, promises, and representations contained herein, the sufficiency of which is hereby acknowledged, the Parties hereto agree as follows: ARTICLE 1. SCOPE OF SERVICES CONTRACTOR shall provide non-professional services as described in Exhibit A, Scope of Services (“Services”). “Task” as used in this Agreement, refers to particular categories/groupings of Services specified in Exhibit A. ARTICLE 2. EXHIBITS INCORPORATED This Agreement consists of a primary contract and six (6) exhibits, which are as follows: Exhibit A Scope of Services Exhibit B Fee Rate Schedule Exhibit C Affidavit of No Conflict Exhibit D Insurance Requirements Exhibit E Lift Station Locations and Capacity Exhibit F Service Area Schematics These Exhibits are attached hereto and are incorporated into this Agreement. In the event of a conflict between the terms and conditions provided in the Articles of this Agreement and any Exhibit, the provisions contained within these Articles shall prevail unless the Exhibit specifically states that it shall prevail. Manatee County BCC Agreement No. 24-R084063BB 2 ARTICLE 3. AGREEMENT TERM A. This Agreement shall commence on the Effective Date and remain in force for an initial term of one (1) year, unless terminated by COUNTY pursuant to Article 9. B. COUNTY reserves the right to extend the initial term of one (1) year for an additional four (4), one-year renewals. ARTICLE 4. COMPENSATION A. CONTRACTOR shall be compensated for the Services and all expenditures incurred in providing the Services. B. The fee rates specified in Exhibit B shall be the total compensation for the Services and shall contain all applicable costs, to include salaries, office operation, transportation, equipment, overhead, general and administrative, incidental expenses, fringe benefits and operating margin. ARTICLE 5. INVOICES AND TIME OF PAYMENT A. Subject to the provisions of this Agreement, COUNTY shall pay CONTRACTOR for the Services at a rate of compensation according to the deliverable payment schedule stated in Exhibit B. B. COUNTY shall approve of all invoices prior to payment. C. COUNTY shall have forty-five (45) days from the receipt of an invoice seeking payment of fees or costs to either pay the invoice, or notify CONTRACTOR that the deliverable, or any part thereof, is unacceptable. D. COUNTY shall have the right to retain from any payment due CONTRACTOR under this Agreement, an amount sufficient to satisfy any amount of liquidated damages due and owing to COUNTY by CONTRACTOR on any other Agreement between CONTRACTOR and COUNTY. E. All costs of providing the Services shall be the responsibility of CONTRACTOR. F. Any dispute between COUNTY and CONTRACTOR with regard to the Services or CONTRACTOR’S invoice shall be resolved pursuant to the dispute resolution procedures established by Manatee County Procurement Code and Article 12 of this Agreement. ARTICLE 6. RESPONSIBILITIES OF CONTRACTOR A. CONTRACTOR shall appoint an Agent with respect to the Services to be performed by CONTRACTOR pursuant to this Agreement. CONTRACTOR’S Agent shall have the authority to make representations on behalf of CONTRACTOR, receive information, and interpret and define the needs of CONTRACTOR and make decisions pertinent to the Services. CONTRACTOR’S Agent shall have the right to designate other employees of CONTRACTOR to serve in his or her absence. CONTRACTOR reserves the right to designate Manatee County BCC Agreement No. 24-R084063BB 3 a different agent, provided that COUNTY is given advance written notice thereof. B. CONTRACTOR shall perform the Services in accordance with the terms and conditions of this Agreement. C. CONTRACTOR shall ensure that all employees assigned to render the Services are duly qualified, registered, licensed or certified to provide the Services required. D. CONTRACTOR shall be responsible for collecting all existing data required for the successful completion of each Task. E. CONTRACTOR shall not engage in any obligations, undertakings, contracts or professional obligations that create a conflict of interest, or even an appearance of a conflict of interest, with respect to the Services. CONTRACTOR attests to this via an Affidavit of No Conflict, Exhibit C. F. CONTRACTOR shall be entitled to rely upon information provided from COUNTY. Information may include, but is not limited to, additional services, consultations, investigations, and reports necessary for the execution of CONTRACTOR'S work under this Agreement. CONTRACTOR shall be fully responsible for verifying, to the extent practicable, documents and information provided by COUNTY and identifying any obvious deficiencies concerning the documents and information provided. CONTRACTOR shall notify COUNTY of any errors or deficiencies noted in such information provided and assist, to the extent practicable, COUNTY in the identification and resolution of same. CONTRACTOR agrees to incorporate the provisions of this paragraph in any subcontract into which it might enter with reference to the work performed under this Agreement. G. CONTRACTOR shall be responsible for the professional quality and technical accuracy of the Services and any other services furnished by CONTRACTOR under this Agreement. CONTRACTOR shall, without additional compensation, correct or revise any errors or deficiencies in the Services. H. CONTRACTOR shall maintain an adequate and competent staff of professionally qualified persons during the term of this Agreement for the purpose of rendering the required Services hereunder. CONTRACTOR shall not sublet, assign or transfer any Services without prior written consent of COUNTY. I. COUNTY may require in writing that CONTRACTOR remove from the Services any of CONTRACTOR’S personnel that COUNTY determines to be incompetent, careless or otherwise objectionable. No claims for an increase in compensation or agreement term based on COUNTY’S use of this provision will be valid. J. CONTRACTOR understands and agrees that this is a firm fixed price contract and that there shall be no allowances or reimbursement for any cost whatsoever except as otherwise explicitly provided in this Agreement. CONTRACTOR agrees to fulfill its obligations under this Agreement, regardless of cost, for the sole and sufficient compensation Manatee County BCC Agreement No. 24-R084063BB 4 stated in Exhibit B with no expectation of additional compensation. COUNTY will not be obligated to pay CONTRACTOR any amount in excess of the firm fixed price specified in Exhibit B. ARTICLE 7. RESPONSIBILITIES OF COUNTY A. COUNTY shall, through its County Administrator, appoint an individual to serve as County Representative. The County Representative shall have the authority to transmit instructions, receive information, interpret and define the policy of COUNTY and make decisions pertinent to the Services. COUNTY reserves the right to designate a different County Representative, provided that CONTRACTOR is given advance written notice thereof. B. COUNTY shall make available, at no cost to CONTRACTOR, information relative to the project that is useful in the performance of the Services. C. COUNTY shall provide prompt notice to CONTRACTOR whenever COUNTY observes or otherwise becomes aware of any defect in the performance of the Services. D. COUNTY shall give careful and reasonable consideration to the findings and recommendations of CONTRACTOR and shall respond and issue notices to proceed in a timely manner. E. COUNTY personnel shall be available on a time-permitting basis, where required and necessary to assist CONTRACTOR. The availability and necessity of said personnel to assist CONTRACTOR shall be at the discretion of COUNTY. F. COUNTY shall perform the responsibilities enumerated in this Article at no cost to CONTRACTOR. ARTICLE 8. COUNTY OWNERSHIP OF WORK PRODUCT The Parties agree that COUNTY shall have exclusive ownership of all reports, documents, designs, ideas, materials, reports, concepts, plans, creative works, and other work product developed for or provided to COUNTY in connection with this Agreement, and all patent rights, copyrights, trade secret rights and other intellectual property rights relating thereto (collectively “the Intellectual Property”). CONTRACTOR hereby assigns and transfers all rights in the Intellectual Property to COUNTY. CONTRACTOR further agrees to execute and deliver such assignments and other documents as COUNTY may later require to perfect, maintain and enforce COUNTY’S rights as sole owner of the Intellectual property, including all rights under patent and copyright law. ARTICLE 9. TERMINATION OF AGREEMENT A. TERMINATION FOR CAUSE: 1. COUNTY shall have the right, by written notice to CONTRACTOR, to terminate this Agreement, in whole or in part, for failure to substantially comply with the terms and conditions of this Agreement, to include: Manatee County BCC Agreement No. 24-R084063BB 5 a. Failure to provide Services that comply with the specifications herein or that fail to meet COUNTY’S performance standards; b. Failure to perform the Services within the time specified in this Agreement; or c. Work that is at a rate that disrupts the overall performance of this Agreement. 2. Prior to termination for default, COUNTY shall provide adequate written notice to CONTRACTOR, affording CONTRACTOR the opportunity to cure the deficiencies or to submit a specific plan to resolve the deficiencies within ten (10) days (or the period specified in the notice) after receipt of the notice. Failure to adequately cure the deficiency shall result in termination action. 3. Such termination may also result in suspension or debarment of CONTRACTOR in accordance with Manatee County’s Procurement Ordinance, Chapter 2-26. CONTRACTOR shall be liable for any damage to COUNTY resulting from CONTRACTOR’S default of the Agreement. 4. In the event of termination of this Agreement, CONTRACTOR shall be liable for any damage to COUNTY resulting from CONTRACTOR’S default of this Agreement. This liability includes any increased costs incurred by COUNTY in completing performance under this Agreement. 5. In the event of termination by COUNTY for any cause, CONTRACTOR shall not have any right or claim against COUNTY for lost profits or compensation for lost opportunities. After a receipt of COUNTY’S Notice of Termination and except as otherwise directed by COUNTY, CONTRACTOR shall: a. Stop the Services on the date and to the extent specified; b. Terminate and settle all orders and subcontracts relating to the performance of the terminated Services; c. Transfer all work in process, completed work, and other materials related to the terminated Services as directed by COUNTY; and d. Continue and complete all parts of the Services that have not been terminated. B. TERMINATION WITHOUT CAUSE: COUNTY may terminate this Agreement, in whole or in part, without cause. COUNTY shall provide CONTRACTOR a written “Notice of Intent to Terminate” thirty (30) days prior to the date of termination. If this Agreement is terminated by the COUNTY without cause, CONTRACTOR shall be entitled to payment for all Services performed to the satisfaction of the COUNTY and all expenses incurred under this Agreement prior to termination, less any costs, expenses or damages due to the failure of the CONTRACTOR to properly perform pursuant to this Agreement. CONTRACTOR shall not be entitled to any other compensation, including anticipated profits on unperformed Services. ARTICLE 10. TRANSITION SERVICES UPON TERMINATION Upon termination or expiration of this Agreement, CONTRACTOR shall cooperate with Manatee County BCC Agreement No. 24-R084063BB 6 COUNTY to assist with the orderly transfer of the Services provided by CONTRACTOR to COUNTY. Prior to termination or expiration of this Agreement, COUNTY may require CONTRACTOR to perform and, if so required, CONTRACTOR shall perform, certain transition services necessary to shift the Services to another provider or to COUNTY itself as described below (the "Transition Services"). The Transition Services may include but shall not be limited to: A. Working with COUNTY to jointly develop a mutually agreed upon Transition Services plan to facilitate the termination of the Services; B. Executing the Transition Services plan activities; C. Answering questions regarding the Services on an as-needed basis; and D. Providing such other reasonable Services needed to effectuate an orderly transition to a new service provider or to COUNTY. ARTICLE 11. DISPUTE RESOLUTION A. Disputes shall be resolved in accordance with the Manatee County Purchasing Code (Chapter 2-26 of the Manatee County Code of Ordinances). Any dispute resolution constituting a material change in this Agreement shall not be final until an amendment to this Agreement has been approved and executed by the County Purchasing Official. B. CONTRACTOR agrees it must exhaust all dispute resolution procedures set forth in Manatee County’s Procurement Code prior to instituting any action in state or federal court or before any administrative agency or tribunal. ARTICLE 12. COMPLIANCE WITH LAWS All Services rendered or performed by CONTRACTOR pursuant to the provisions of this Agreement shall be in compliance with all applicable local, state and federal laws and ordinances. CONTRACTOR shall have and keep current at all times during the term of this Agreement all licenses and permits as required by law. ARTICLE 13. NON-DISCRIMINATION CONTRACTOR shall not discriminate against any employee or applicant for employment because of race, color, sex, creed, national origin, disability or age, and will take affirmative action to ensure that all employees and applicants are afforded equal employment opportunities. Such action will be taken with reference to, but shall not be limited to, recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff or termination, rates of training or retraining (including apprenticeship and on-the-job training). ARTICLE 14. MAINTENANCE OF RECORDS; AUDITS; LICENSES A. CONTRACTOR shall maintain records, accounts, property records, and personnel records in accordance with generally accepted accounting principles, as deemed necessary by COUNTY to assure proper accounting of funds and compliance with the provisions of this Agreement. Manatee County BCC Agreement No. 24-R084063BB 7 B. CONTRACTOR shall provide COUNTY all information, reports, records and documents required by this Agreement or by COUNTY ordinances, rules or procedures, or as needed by COUNTY to monitor and evaluate CONTRACTOR’S performance. Such materials shall also be made available to COUNTY upon request for auditing purposes. Inspection or copying will occur during normal business hours, and as often as COUNTY may deem necessary. COUNTY shall have the right to obtain and inspect any audit pertaining to the performance of this Agreement or CONTRACTOR made by any local, state or federal agency. To the extent such materials are in the possession of a third party, CONTRACTOR must obtain them from that third party, or certify in writing to COUNTY why it was unable to do so. CONTRACTOR shall retain all records and supporting documents related to this Agreement in accordance with all applicable laws, rules and regulations, and, at a minimum, retain all records and supporting documents related to this Agreement, except duplicate copies or drafts, for at least three (3) years after the termination date. C. CONTRACTOR shall obtain any licenses required to provide the Services and maintain full compliance with any licensure requirements. Copies of reports provided to or by any licensing or regulatory agency shall be forwarded to COUNTY within ten (10) days of receipt by CONTRACTOR. CONTRACTOR shall immediately notify COUNTY if the required licenses of any of its principles or agents working on this Agreement are terminated, suspended, revoked or are otherwise invalid and/or are no longer in good standing. ARTICLE 15. PUBLIC RECORDS Pursuant to Florida Statutes §119.0701, to the extent CONTRACTOR is performing services on behalf of COUNTY, CONTRACTOR shall: A. Keep and maintain public records that would ordinarily be required by COUNTY to perform the service. B. Upon request from COUNTY’S custodian of public records, provide COUNTY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. C. Ensure that public records that are exempt or confidential from public records disclosure requirements are not disclosed except as authorized by law for the duration of this Agreement and following completion of this Agreement if CONTRACTOR does not transfer the records to COUNTY. D. Upon completion of this Agreement, transfer, at no cost, to COUNTY all public records in possession of CONTRACTOR or keep and maintain public records required by COUNTY to perform the service. If CONTRACTOR transfers all public records to COUNTY upon completion of this Agreement, 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 this Agreement, CONTRACTOR shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to COUNTY, upon request from COUNTY’S Manatee County BCC Agreement No. 24-R084063BB 8 custodian of public records, in a format that is compatible with the information technology systems of COUNTY. IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO COUNTY’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Phone: 941.742.5845 Email: lacy.pritchard@mymanatee.org Mail or hand delivery: Attn: Records Manager 1112 Manatee Avenue West Bradenton, FL 34205 ARTICLE 16. INDEMNIFICATION A. Each Party shall defend, indemnify, save and hold harmless the other, its officers, employees and agents, from any and all third-party claims, liabilities, loss, or cause of action for property damage or bodily injury, including death, arising out of any negligent actions or omissions of the indemnifying Party, its agents, officers, employees or agents in the performance of this Agreement, including without limitation, defects in design, or errors or omissions that result in material cost increases to the indemnified Party. Such indemnification shall include, but not be limited to, the payment of all valid claims, losses, and judgements of any nature whatsoever in connection therewith and the payment of all related fees and costs, including attorneys’ fees, incurred by the indemnified Party in connection with the indemnifying Party’s activities arising out of the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified Party or person described in this paragraph or deemed to affect the rights, privileges and immunities of COUNTY as set forth in Section 768.28, Florida Statutes. B. CONTRACTOR will indemnify, defend, save and hold harmless the COUNTY, its officers, and employees all third-party claims, liabilities, loss, or cause of action that the Services constitutes an infringement of any third-party intellectual property right(s), unless such claim is based on COUNTY’S wrongful or illegitimate use of the Services. The foregoing states the entire liability of CONTRACTOR and the sole and exclusive remedy for COUNTY with respect to any third-party claim of infringement or misappropriation of intellectual property rights. Such indemnification shall include, but not be limited to, the payment of all valid claims, losses, and judgments of any nature whatsoever in connection therewith and the payment of all related fees and costs, including attorneys’ fees. ARTICLE 17. NO WAIVER OF SOVEREIGN IMMUNITY Nothing herein shall be interpreted as a waiver by COUNTY of its rights, including the limitations of the waiver of immunity as set forth in Section 768.28, Florida Statutes, or any other applicable Manatee County BCC Agreement No. 24-R084063BB 9 statutes or immunities. COUNTY expressly reserves these rights to the full extent allowed by law. ARTICLE 18. INSURANCE A. CONTRACTOR shall, at its own cost and expense, acquire and maintain (and cause any subcontractors, representatives, or agents to acquire and maintain) insurance policies that comply with the Insurance Requirements, attached as Exhibit D, during the term of this Agreement, to include any renewal terms. B. Certificates of Insurance and copies of policies evidencing the insurance coverage specified in Exhibit D shall be filed with the Purchasing Official before the Effective Date of this Agreement. The required certificates shall identify the type of policy, policy number, date of expiration, amount of coverage, companies affording coverage, shall refer specifically to the title of this Agreement, and shall name Manatee County as an additional insured. No changes shall be made to the insurance coverage without prior written approval by COUNTY’S Risk Management Division. C. Insurance shall remain in force for at least three (3) years after completion of the Services in the amounts and types of coverage as required by Exhibit D, including coverage for all Services completed under this Agreement. D. If the initial insurance expires prior to the termination of this Agreement, renewal Certificates of Insurance and required copies of policies shall be furnished by CONTRACTOR and delivered to the Purchasing Official thirty (30) days prior to the date of their expiration. ARTICLE 19. SOLICITATION OF AGREEMENT CONTRACTOR warrants that it has not employed or retained any company or person other than a bona fide employee working solely for CONTRACTOR to solicit or secure this Agreement, and that it has not paid or agreed to pay any company or person other than an employee working solely for CONTRACTOR, any fee, commission, percentage, brokerage fee, gift, contingent fee, or any other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, COUNTY shall have the right to annul this Agreement without liability, or at its discretion, to deduct from this Agreement price or consideration or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gifts, or contingent fee. ARTICLE 20. ASSIGNMENT AND SUBCONTRACTING CONTRACTOR shall not assign or transfer any right or duty under this Agreement to any other Party without the prior written consent of COUNTY. In the event CONTRACTOR asserts it is necessary to utilize the services of third parties to perform any of the Services, CONTRACTOR shall first obtain prior written approval of COUNTY. Approval to utilize any third party shall not relieve CONTRACTOR from any direct liability or responsibility to COUNTY pursuant to the provisions of this Agreement, or obligate COUNTY to make any payments other than payments due to CONTRACTOR as outlined in this Agreement. All terms and conditions of this Agreement shall extend to and be binding on any approved purchaser, assignee, or other successor in interest. Manatee County BCC Agreement No. 24-R084063BB 10 Assignment, pledging, sale, transfer or encumbering of any interest or rights under this Agreement, to anyone other than the CONTRACTOR, without the prior written consent of the COUNTY, shall be grounds for immediate termination of this Agreement. ARTICLE 21. CERTIFICATION OF NON-PAYMENT OF COMMISSION OR GIFT CONTRACTOR warrants that it has not employed or retained any company or person other than a bona fide employee working solely for CONTRACTOR to solicit or secure this Agreement, and that it has not paid or agreed to pay any company or person other than an employee working solely for CONTRACTOR, any fee, commission, percentage, brokerage fee, gift, contingent fee, or any other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, COUNTY shall have the right to annul this Agreement, without liability or at its discretion to deduct from the agreement price consideration or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gifts, or contingent fee. ARTICLE 22. KEY PERSONNEL The following key personnel shall be the COUNTY primary contacts assigned to this Agreement by CONTRACTOR: Thomas R. Wilson, Vice President CONTRACTOR shall notify the COUNTY in writing within ten (10) business days of any changes to the key personnel. ARTICLE 23. SUB-CONTRACTORS If it is determined by either party that a sub-contractor will be required in order to complete the services as described in Exhibit A, CONTRACTOR shall request the use of a sub-contractor in writing and receive prior written approval from COUNTY. ARTICLE 24. LIABILITY FOR NEGLIGENCE. To the fullest extent allowed by law, the individuals performing the Services pursuant to this Agreement shall be personally liable for negligent acts or omissions. To the fullest extent allowed by law, CONTRACTOR shall likewise be liable for negligent acts or omissions in the performance of the Services. ARTICLE 25. NOTICES All notices, requests and authorizations provided for herein shall be in writing and shall be delivered by hand or mailed through the U.S. Mail, addressed as follows: To COUNTY: Manatee County Government Utilities Department Attn: Lift Station Superintendent 4530 66th Street West Bradenton, FL 34210 Manatee County BCC Agreement No. 24-R084063BB 11 Phone: (941) 792-8811 Email: erik.gibson@mymanatee.org To CONTRACTOR: EWT Holdings III, Corp. DBA Evoqua Water Technologies, LLC Attn: Thomas R. Wilson 2650 Tallevast Road Sarasota, FL 34243 Phone: (941) 359-7930 Email: municipalservices@xylem.com ARTICLE 26. RELATIONSHIP OF PARTIES The relationship of CONTRACTOR to COUNTY shall be that of an independent contractor. Nothing herein contained shall be construed as vesting or delegating to CONTRACTOR or any of the officers, employees, personnel, agents, or sub-contractors of CONTRACTOR any rights, interest or status as an employee of COUNTY. COUNTY shall not be liable to any person, firm or corporation that is employed by Agreements or provides goods or services to CONTRACTOR in connection with this Agreement or for debts or claims accruing to such parties. CONTRACTOR shall promptly pay, discharge or take such action as may be necessary and reasonable to settle such debts or claims. ARTICLE 27. NO CONFLICT By accepting award of this Agreement, CONTRACTOR, which shall include its directors, officers and employees, represents that it presently has no interest in and shall acquire no interest in any business or activity which would conflict in any manner with the performance of duties or Services required hereunder. ARTICLE 28. ETHICAL CONSIDERATIONS CONTRACTOR recognizes that in rendering the Services, CONTRACTOR is working for the residents of Manatee County, Florida, subject to public observation, scrutiny and inquiry; and based upon said recognition CONTRACTOR shall, in all of its relationships with COUNTY pursuant to this Agreement, conduct itself in accordance with all of the recognized applicable ethical standards set by any related national societies, and the reasonable traditions to perform the Services. CONTRACTOR shall be truthful in its communications with COUNTY personnel regarding matters pertaining to this Agreement and the Services rendered to COUNTY. ARTICLE 29. PUBLIC ENTITY CRIMES CONTRACTOR has been made aware of the Florida Public Entity Crimes Act, Florida Statutes § 287.133, specifically section 2(a), and COUNTY’S requirement that CONTRACTOR comply with it in all respects prior to and during the term of this Agreement. ARTICLE 30. TAXES COUNTY is exempt from Federal Excise and State Sales Taxes (F.E.T. Exemption Certificate No. 59-78-0089K; FL Sales Tax Exemption Certificate No. 51-02-027548-53C). Therefore, CONTRACTOR is prohibited from charging or imposing any sales or service taxes. Nothing herein shall affect CONTRACTOR’S normal tax liability. Manatee County BCC Agreement No. 24-R084063BB 12 CONTRACTOR shall be responsible for payment of federal, state, and local taxes which may be imposed upon CONTRACTOR under applicable law to the extent that CONTRACTOR is responsible for the payment of same under applicable law. ARTICLE 31. FORCE MAJEURE Neither Party shall be considered in default in performance of its obligations hereunder to the extent that performance of such obligations or any of them is delayed or prevented by Force Majeure. Force Majeure shall include, but not be limited to, hostility, revolution, civil commotion, strike, epidemic, accident, fire, flood, wind, earthquake, hurricane, explosion, lack of or failure of transportation facilities, any law, proclamation, regulation, ordinance or other act of government, or any act of God or any cause whether of the same or different nature, existing or future; provided that the cause, whether or not enumerated in this Article, is beyond the control and without the fault or negligence of the Party seeking relief under this Article. ARTICLE 32. GOVERNING LAW, JURISDICTION AND VENUE This Agreement shall be governed by the laws of the State of Florida. Any action filed regarding this Agreement will be filed only in Manatee County, Florida, or if in Federal Court, the Middle District of Florida, Tampa Division. ARTICLE 33. ATTORNEY FEES In the event of any litigation arising under the terms of this Agreement, each Party shall be responsible for their own attorney's fees, including appellate fees, regardless of the outcome of the litigation. ARTICLE 34. PATENT AND COPYRIGHT RESPONSIBILITY Any material or design specified by CONTRACTOR or supplied by CONTRACTOR pursuant to this Agreement shall not knowingly infringe any patent or copyright, and CONTRACTOR shall be solely responsible for securing any necessary licenses required for patented or copyrighted material utilized by CONTRACTOR in the performance of the Services. ARTICLE 35. AMENDMENTS This Agreement and Exhibits referenced herein constitute the entire Agreement between the Parties with respect to subject matter and mutually agree that no verbal agreements, representations, warranties or other understandings affecting the same exist. No amendment hereof shall be effective until and unless reduced to writing and executed by the Parties. The Parties shall execute any additional documents as may be necessary to implement and carry out the intent of this Agreement. ARTICLE 36. SEVERABILITY It is understood and agreed by the Parties hereto that if any part, term, or provision of this Agreement is held to be illegal or in conflict with any law, the validity of the remaining portions or provisions shall not be affected, and the rights and obligations of the Parties shall be construed Manatee County BCC Agreement No. 24-R084063BB 13 and enforced as if this Agreement did not contain the particular part, term or provision held to be invalid. ARTICLE 37. LEGAL REFERENCES All references to statutory sections or chapters shall be construed to include subsequent amendments to such provisions, and to refer to the successor provision of any such provision. References to “applicable law” and “general law” shall be construed to include provisions of local, state and federal law, whether established by legislative action, administrative rule or regulation, or judicial decision. ARTICLE 38. HEADINGS, CONSTRUCTION The Parties agree that they have each participated in the drafting of this Agreement and that the rules with respect to construing ambiguities against the drafter of a contract shall not apply in any action or litigation regarding this Agreement. All articles and descriptive headings of paragraphs of this Agreement are inserted for convenience only and shall not affect the construction or interpretation hereof. ARTICLE 39. TIME For purposes of computing any period of number of days hereunder for notices or performance of ten (10) days or less, Saturdays, Sundays and holidays shall be excluded, unless otherwise stated. ARTICLE 40. E-VERIFY The CONTRACTOR, and any subcontractor thereof, shall register with and use the E-Verify system to verify the work authorization status of all new employees of the CONTRACTOR or subcontractor. The CONTRACTOR hereby represents and warrants that it has, and shall remain throughout the duration of this Agreement, registered with, and uses and shall continue to use, the E-Verify system. The CONTRACTOR shall not enter into any contract with a subcontractor for services hereunder unless such subcontractor also has registered with and uses the E-Verify system. If the CONTRACTOR enters into a contract with a subcontractor, the subcontractor shall provide the CONTACTOR with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. The CONTRACTOR shall maintain a copy of such affidavit for the duration of this Agreement. Pursuant to Section 488.095(5)(c)3, Florida Statutes, the COUNTY is authorized to terminate this Agreement if it has a good faith belief that the CONTRACTOR has knowingly violated Section 448.09(1), Florida Statutes, regarding the employment of someone not authorized to work by the immigration laws of the United States, the U.S. Attorney General, or the Secretary of the Department of Homeland Security. Such termination action is not considered a breach of contract. ARTICLE 41. FUNDS FOR IDENTIFICATION DOCUMENTS Manatee County BCC Agreement No. 24-R084063BB 14 No funds provided by the COUNTY pursuant to this Agreement shall be used for the purpose of issuing an identification card or document to an individual who does not provide proof of lawful presence in the United States. ARTICLE 42. AUTHORITY TO EXECUTE Each of the Parties hereto covenants to the other Party that it has lawful authority to enter into this Agreement. [Remainder of page intentionally left blank] Manatee County BCC Agreement No. 24-R084063BB 15 EXHIBIT A, SCOPE OF SERVICES Manatee County BCC Agreement No. 24-R084063BB 17 EXHIBIT A, SCOPE OF SERVICES 1.01 SCOPE A. Contractor shall furnish all personnel, materials, chemicals, services, permits, licenses, methodology, supplies, reports, and equipment necessary to provide the Services described in this Scope that will meet the requirements of the resulting agreement (hereinafter referred to as “Agreement”). B. Contractor shall provide the Services in accordance with Calcium Nitrate, as described in this Scope; and as applicable to Calcium Nitrate Chemicals, Contractor shall provide vapor phase treatment for nuisance odor issues. C. Contractor shall provide all Services in accordance with the requirements and specifications described in this Scope. D. Contractor shall provide the Services at the treatment locations along with the dosage amounts identified in Exhibit F, Service Area Schematics. E. At the County’s request, Contractor shall provide additional Services for alternative locations and service areas. Such requests made by the County would be the result of the County’s continued treatment strategy evaluation. F. The County reserves the right to request that the Contractor upgrade or increase the storage capacity or the type of control system at any site at any time during the term of the Agreement. 1.02 CALCIUM NITRATE – GENERAL REQUIREMENTS A. Contractor shall provide a calcium nitrate-based treatment strategy for application at specific locations within the County’s wastewater system. B. Contractor shall provide all new storage and dosing equipment at the beginning of the Agreement term and replace the equipment as applicable throughout the Agreement term. Note: This requirement does not pertain to existing Contractors who are currently contracted with the County to provide corrosion and odor control services. C. Contractor shall employ existing storage and dosing equipment at the beginning of the Agreement term and replace the equipment as applicable throughout the Agreement term. Note: This requirement only pertains to existing Contractors who are currently contracted with the County to provide corrosion and odor control services. D. Contractor shall provide and utilize storage and dosing equipment that is compatible with the material being stored and pumped. All storage and dosing equipment provided and utilized by the Contractor to provide the Services under the Agreement shall be compatible with the material being stored and pumped. Manatee County BCC Agreement No. 24-R084063BB 18 E. Contractor shall provide and utilize storage and dosing equipment that meets all Manatee County, State of Florida, and Federal laws, rules, and regulations. All storage and dosing equipment provided and utilized by the Contractor to provide the Services under the Agreement shall meet all Manatee County, State of Florida, and Federal laws, rules, and regulations. F. Contractor shall provide double contained storage tanks at all dosing locations that are 1000 gallon or greater size, based on the site and County requirements. All storage tanks shall be equipped with product level sensors that can be remotely monitored on a daily basis by the Contractor to ensure proper dosage is occurring. Evidence of improper dosing shall either trigger a site visit within 24 hours to fix or adjust the dosing pump(s), or a remote adjustment within four hours to the dosing pump(s). All dose systems shall be capable of remote shut down and start up by the Contractor of the dosing activity. Any existing equipment shall be equipped with remote shutdown capability within six months of award of the Agreement. G. Upon request by the County, Contractor shall provide tertiary containment at certain locations. Note: The County reserves the right to request that the Contractor upgrade or increase the storage capacity or the type of control system at any site at any time during the term of the Agreement. H. Contractor shall be responsible for installation and maintenance of the storage and delivery systems and all associated piping and appurtenances during the term of the Agreement. I. Contractor shall be responsible for obtaining all County required construction permits, drawings, and schematics necessary for the installation of the storage and delivery system. All plans and schematics provided by the Contractor shall be stamped by a licensed engineer registered in the State of Florida. J. Contractor shall provide continuous gas phase hydrogen sulfide monitoring for key corrosion and odor control points as shown in Exhibit F and modified throughout the Agreement term. Contractor shall provide a minimum of one week of gas phase hydrogen sulfide monitoring each month for key corrosion and odor control points as shown in Exhibit F and modified throughout the Agreement term. Note: Due to the length of time treatment systems at most locations have been in place, pretreatment H2S baseline levels are no longer available. K. Contractor shall provide routine scheduled service at intervals not exceeding 15 calendar days for any site and scheduled service visits shall include, at a minimum, the following: 1. Control point gas phase hydrogen sulfide (H2S) emissions. 2. Control point wastewater dissolved sulfide, temperature, nitrate and pH measurement. 3. Control point temperature measurement. 4. Scheduled preventative maintenance on storage tanks and dosing system as per Manatee County BCC Agreement No. 24-R084063BB 19 manufacturer's recommendations. 5. Chemical feed rate measurement and adjustment (if necessary). L. Contractor shall establish a monthly communication link with County personnel as determined by the Wastewater Division Manager of the Manatee County Utilities Department. The County shall have final approval of ongoing corrosion/odor control planning and adjustment process as wastewater collection/treatment systems expand and as evaluation of the systems by the County continues. M. Contractor shall provide an organizational seminar regarding its services and introduce its staff members to the County representatives within 30 days of award of the Agreement. N. Contractor shall hold at least one (1) yearly workshop for County employees at a County designated location to describe the latest techniques in odor and corrosion control treatment, as well as safe handling techniques of chemical products. An agenda and detailed outline of topics for the workshop shall be provided to the County at least 30 days prior to each workshop as agreed to by the County. O. Contractor shall be fully responsible for conforming to all requirements regarding handling, hauling, spill reporting and disposal of chemicals for the control services provided at each County work site in accordance with OSHA regulations and those that may be mandated by Federal or State Governments. P. Contractor shall be fully responsible for the control of the environment of the work site during on-site operations. All precautions shall be taken by the Contractor to protect the workers, public, and County staff from any exposure to harmful or hazardous substances within the sewer system and from dangerous work materials and equipment. Q. Contractor shall be fully responsible for the operation of their vehicles and handling of all materials related to the corrosion and odor control services at all locations within the County. R. Contractor shall inform the County of its planned work schedule to include delivery of chemical products and shall afford the County reasonable opportunity to observe and inspect the Contractor’s work in progress. S. Contractor shall provide monthly reports to include complete system overview with total chemical usage, routine performance data collected and equipment repairs/maintenance performed for that month. T. Upon request by the County, Contractor shall provide the following services at no additional cost: Coordination and facilitation of meetings with County staff to update operational agreements to include, but not be limited to, protocols, training, system repairs, adjustments, targeted goals, and program oversight. Includes participation in meetings deemed necessary by the County to address corrosion/odor control Manatee County BCC Agreement No. 24-R084063BB 20 program needs. U. Contractor shall be available to provide the Services 24 hours per day, seven (7) days per week and shall maintain adequate service technicians, chemicals, equipment, and supplies to be on site to respond to odor problems, equipment problems, and emergency situations as follows: same-day onsite response to standard requests and four-hour onsite response to emergency requests. 1.03 CALCIUM NITRATE – TECHNICAL REQUIREMENTS A. Contractor shall, based upon treatment and budgetary objectives established by the Utilities Department and as directed by the Utilities Department upon award of the Agreement, refine and adjust the existing corrosion/odor control program. Treatment strategies must emphasize prevention/minimization of hydrogen sulfide production in the system where practical (as opposed to treating for odor after hydrogen sulfide formation has occurred). The treatment program shall include, but not be limited to, expanding services to wastewater treatment plants and designated pumping stations. B. The material supplied shall be an aqueous solution of calcium nitrate containing a minimum of 3.5 pounds of nitrate-oxygen per gallon. C. The calcium nitrate solution shall be capable of reducing the dissolved hydrogen sulfide concentration in wastewater to 0.1 mg/L or less. D. The calcium nitrate solution shall be free of any objectionable odor producing compounds. END OF EXHIBIT A Manatee County BCC Agreement No. 24-R084063BB 21 EXHIBIT B, FEE RATE SCHEDULE 1. FEES Fees for the goods and services detailed in this Agreement shall be as indicated in this Exhibit B. 2. ESCALATION/DE-ESCALATION Contractor’s fees for corrosion and odor control services shall remain firm for a minimum of one (1) year after execution of the Agreement. Any escalation or de-escalation in pricing thereafter will be based on the U.S. Bureau of Labor Statistic Employment Cost Index (ECI) and/or the Producer Price Index (PPI) change in most recent 12-month period. No more than one (1) price increase is allowed in a 12-month period. [Remainder of page intentionally left blank] Manatee County BCC Agreement No. 24-R084063BB 22 EXHIBIT B - FEE RATE SCHEDULE: CALCIUM NITRATE 1. Contractor’s fees must be all inclusive. No other fees will be allowed. Manatee County doses approximately 370,000 gallons of Calcium Nitrate annually. 2. Contractor’s fees for the proposed chemicals as follows: DESCRIPTION UNIT OF MEASURE UNIT COST Chemical, Calcium Nitrate Gallon $3.78 3. Based upon the lift station information provided in the RFP, including the Exhibits, and the Contractor’s services, estimated monthly cost for each chemical: $122,269.00 per month 4. Contractor’s fees for the services as follows: Vapor Phase Systems ITEM # DESIGN AIR FLOW (cfm) AVERAGE DESIGN H2S CONCENTRATION (ppmv) A. <15 B. 15-150 C. 150-300 D. 300-500 1 Natural Draft $ 323 $910 N/A N/A 2 0-75 $759 $1,276 $2,650 $2,755 3 0-140 $1,260 $1,830 $3,150 $3,525 4 0-280 $1,816 $2,556 $3,725 $4,919 5 0-600 $2,040 $2,725 $4,560 $5,573 6 0-850 $3,112 $3,869 $5,019 $5,766 7 0-1150 $3,516 $4,802 $5,961 $7,293 8 0-1500 $3,749 $4,850 $6,075 $7,359 9 0-2000 $4,031 $5,085 $7,286 $8,447 10 0-3000 $4,924 $5,502 $8,725 $10,374 11 0-4000 $5,364 $6,574 $10,081 $14,254 12 0-5000 $5,710 $6,851 $10,958 $17,920 13 0-8000 $9,164 $10,345 $16,195 $23,226 14 0-12000 $13,326 $14,744 $19,398 $38,224 15 0-15000 $14,406 $15,848 $27,238 N/A 16 0-18000 $17,847 $19,798 $36,559 N/A 17 0-20000 $21,855 $23,126 N/A N/A Manatee County BCC Agreement No. 24-R084063BB 23 5. CHEMICAL / BIOLOGICAL PRODUCTS ITEM # DESCRIPTION PRICE 1 Bioxide $ 3.78 / gallon 2 Bioxide Plus 71 $ 4.52 / gallon 3 Bioxide AQ $ 2.90 / gallon 4 Odophos $ 1.73 / gallon 5 Odophos Plus $ 2.34 / gallon 6 Ferric Sulfate (9%) $ 2.38 / gallon 7 50% Hydrogen Peroxide $ 0.55 / lb 8 VX 456 (Bulk Tanker) $ 1.60 / lb 9 VX 456 (Tote) $ 2.06 / lb 10 Aktivox (Bulk Tanker) $ 1.22 / lb 11 Aktivox (Tote) $ 2.18 / lb 12 Textone L $ 1.16 / lb 14 AQuit $ 21.07 / lb 15 Alkagen AQ $ 2.04 / gallon 16 Alkagen X $ 3.78 / gallon 17 Sodium Hydroxide 25% $ 5.04 / gallon 18 Sodium Hydroxide 50% $ 8.70 / gallon 19 Sodium Hypochlorite $ 4.33 / gallon 20 Perox Plus $ 4.15 / lb All product prices within this section include delivery, application equipment, ongoing maintenance, technical evaluation/support service, and technology licenses. Manatee County BCC Agreement No. 24-R084063BB 24 6. VAPOR PHASE ODOR CONTROL – EXISTING EQUIPMENT The following table represents monthly cost for existing installations installed in Manatee County prior to 2024. ITEM # DESIGN AIR FLOW (cfm) AVERAGE DESIGN H2S CONCENTRATION (ppmv) A. <15 B. 15-150 C. 150-300 D. 300-500 1 Natural Draft $130 $313 N/A N/A 2 0-75 $527 $723 N/A N/A 3 0-140 $917 $1,345 $1,485 $2,064 4 0-280 $1,021 $1,485 $2,064 $3,023 5 0-600 $1,564 $2,064 $3,023 $3,415 6 0-850 $2,293 $3,023 $3,232 $3,910 7 0-1150 $2,711 $3,232 $3,415 $4,431 8 1-1500 $2,972 $3,415 $3,910 $4,901 9 0-2000 $3,180 $3,910 $4,431 $5,265 10 0-3000 $3,649 $4,431 $4,901 $7,820 11 0-4000 $4,145 $4,901 $5,265 $10,948 12 0-5000 $4,536 $5,265 $7,820 $11,991 13 0-8000 $7,090 $7,820 $10,948 $14,557 14 0-12000 $10,271 $10,948 $11,991 $21,898 15 0-15000 $11,261 $11,991 $14,557 N/A 16 0-18000 $13,535 $14,557 $21,898 N/A Notes: If a chemical scrubber is required, all applicable sodium hydroxide and bleach shall be charged in addition to the above. Manatee County BCC Agreement No. 24-R084063BB 25 7. SERVICE ON CUSTOMER-OWNED VAPOR PHASE EQUIPMENT The following table represents monthly cost for routine services rendered for vapor phase odor control equipment owned by the county. ITEM# DESIGN AIR FLOW (cfm) AVERAGE DESIGN H2S CONCENTRATION (ppmv) A. <15 B. 15-150 C. 150-300 D. 300-500 1 Natural Draft $323 $475 N/A N/A 2 0-75 $357 $583 N/A N/A 3 0-140 $357 $583 $605 $626 4 0-280 $357 $605 $626 $690 5 0-600 $357 $605 $733 $808 6 0-850 $455 $626 $883 $947 7 0-1150 $455 $690 $883 $990 8 1-1500 $455 $690 $947 $990 9 0-2000 $455 $733 $990 $990 10 0-3000 $455 $947 $990 $1,350 11 0-4000 $455 $990 $1,350 $1,564 12 0-5000 $455 $990 $1,350 $2,700 13 0-8000 $455 $1,350 $2,700 $3,128 14 0-12000 $455 $1,564 $3,128 $6,257 15 0-15000 $455 $2,700 $4,050 N/A 16 0-18000 $455 $2,700 $6,257 N/A 17 0-20000 $909 N/A N/A N/A Notes: 1. Repairs will be quoted separately on an as-needed basis. 2. Monthly fees do not include change out of odor control media(s). 3. Monthly fees do not include routine service for Chemical Scrubbers. Manatee County BCC Agreement No. 24-R084063BB 26 8. PROFESSIONAL SERVICES & OTHER PRODUCTS The following services are offered in conjunction with odor control projects that do not include provision of technologies or services from Evoqua, which are found elsewhere in this contract. Professional Services: Service Description Proposed 1. Engineer or Chemist $175.00 / hour 2. Technician $155.00 / hour 3. VaporLink Monitoring $275.00 monthly / site Other Products: ITEM# DESCRIPTION UNIT UNIT PRICE 1 VoCarb® P60 Supersack Lbs $3.25 2 VoCarb® P60 Bag Lbs $3.70 3 VoCarb® 36C Supersack Lbs $2.25 4 VoCarb® 36C Bag Lbs $2.70 5 MIDAS® C20 (coconut based) Supersack Lbs $6.75 6 MIDAS® C30 (coconut based) Supersack Lbs $7.75 7 MIDAS® OCM (coal based) Supersack Lbs $7.40 8 MIDAS® OCM (coal based) Bag Lbs $8.20 9 Biofilter Nutrient 8-2-8 (5-Drum Quantity) Gal $20.00 10 Biofilter Nutrient 8-2-8 ( 5-Gallon Minimum) Gal $30.00 11 Bioglas® Media Lbs $9.50 END OF EXHIBIT B Manatee County BCC Agreement No. 24-R084063BB 27 EXHIBIT D, INSURANCE REQUIREMENTS The CONTRACTOR will not commence work under the resulting Agreement until all insurance coverages indicated by an “X” herein have been obtained. The CONTRACTOR shall obtain and submit to the Procurement Division within ten (10) calendar days from the date of notice of intent to award, at its expense, the following minimum amounts of insurance (inclusive of any amounts provided by an umbrella or excess policy): Work under this Agreement cannot commence until all insurance coverages indicated herein have been obtained on a standard ACORD form (inclusive of any amounts provided by an umbrella or excess policy): Automobile Liability Insurance Required Limits Coverage must be afforded under a per occurrence policy form including coverage for all owned, hired and non-owned vehicles for bodily injury and property damage of not less than: • $1,000,000 Combined Single Limit; OR • $ 500,000 Bodily Injury and $500,000 Property Damage • $10,000 Personal Injury Protection (No Fault) • $500,000 Hired, Non-Owned Liability • $10,000 Medical Payments This policy shall contain severability of interests’ provisions. Commercial General Liability Insurance Required Limits (per Occurrence form only; claims-made form is not acceptable) Coverage shall be afforded under a per occurrence policy form, policy shall be endorsed and name ‘Manatee County, a political subdivision of the State of Florida’ as an Additional Insured, and include limits not less than: • $1,000,000 Single Limit Per Occurrence • $2,000,000 Aggregate • $1,000,000 Products/Completed Operations Aggregate • $1,000,000 Personal and Advertising Injury Liability • $50,000 Fire Damage Liability • $10,000 Medical Expense, and • $1,000,000, Third Party Property Damage • $ Project Specific Aggregate (Required on projects valued at over $10,000,000) This policy shall contain severability of interests’ provisions. Employer’s Liability Insurance Coverage limits of not less than: • $100,000 Each Accident • $100,000 Disease Each Employee • $500,000 Disease Policy Limit Manatee County BCC Agreement No. 24-R084063BB 29 Worker’s Compensation Insurance US Longshoremen & Harbor Workers Act Jones Act Coverage Coverage limits of not less than: • Statutory workers’ compensation coverage shall apply for all employees in compliance with the laws and statutes of the State of Florida and the federal government. • If any operations are to be undertaken on or about navigable waters, coverage must be included for the US Longshoremen & Harbor Workers Act and Jones Act. Should ‘leased employees’ be retained for any part of the project or service, the employee leasing agency shall provide evidence of Workers’ Compensation coverage and Employer’s Liability coverage for all personnel on the worksite and in compliance with the above Workers’ Compensation requirements. NOTE: Workers’ Compensation coverage is a firm requirement. Elective exemptions are considered on a case-by-case basis and are approved in a very limited number of instances. Aircraft Liability Insurance Required Limits Coverage shall be afforded under a per occurrence policy form, policy shall be endorsed and name ‘Manatee County a political subdivision of the State of Florida’ as an Additional Insured, and include limits not less than: • $ Each Occurrence Property and Bodily Injury with no less than $100,000 per passenger each occurrence or a ‘smooth’ limit. • $ General Aggregate. Un-Manned Aircraft Liability Insurance (Drone) Coverage shall be afforded under a per occurrence policy form, policy shall be endorsed and name ‘Manatee County a political subdivision of the State of Florida’ as an Additional Insured, and include limits not less than: • $ Each Occurrence Property and Bodily Injury; Coverage shall specifically include operation of Unmanned Aircraft Systems (UAS), including liability and property damage. • $ General Aggregate Installation Floater Insurance When the contract or agreement does not include construction of, or additions to, above ground building or structures, but does involve the installation of machinery or equipment, Installation Floater Insurance shall be afforded under a per occurrence policy form, policy shall be endorsed and name “Manatee County, a political subdivision of the State of Florida” as an Additional Insured, and include limits not less than: • 100% of the completed value of such addition(s), building(s), or structure(s) Manatee County BCC Agreement No. 24-R084063BB 30 Professional Liability and/or Errors and Omissions (E&O) Liability Insurances Coverage shall be afforded under either an occurrence policy form or a claims-made policy form. If the coverage form is on a claims-made basis, then coverage must be maintained for a minimum of three years from termination of date of the contract. Limits must not be less than: • $ 1,000,000 Bodily Injury and Property Damage Each Occurrence • $ 2,000,000 General Aggregate Builder’s Risk Insurance When the contract or agreement includes the construction of roadways and/or the addition of a permanent structure or building, including the installation of machinery and/or equipment, Builder’s Risk Insurance shall be afforded under a per occurrence policy form, policy shall be endorsed and name “Manatee County, a political subdivision of the State of Florida” as an Additional Insured, and include limits not less than: • An amount equal to 100% of the completed value of the project, or the value of the equipment to be installed • The policy shall not carry a self-insured retention/deductible greater than $10,000 Coverage shall be for all risks and include, but not be limited to, storage and transport of materials, equipment, supplies of any kind whatsoever to be used on or incidental to the project, theft coverage, and Waiver of Occupancy Clause Endorsement, where applicable. Cyber Liability Insurance Coverage shall comply with Florida Statute 501.171, shall be afforded under a per occurrence policy form, policy shall be endorsed and name ‘Manatee County, a political subdivision of the State of Florida’ as an Additional Insured, and include limits not less than: • $ Security Breach Liability • $ Security Breach Expense Each Occurrence • $ Security Breach Expense Aggregate • $ Replacement or Restoration of Electronic Data • $ Extortion Threats • $ Business Income and Extra Expense • $ Public Relations Expense NOTE: Policy must not carry a self-insured retention/deductible greater than $25,000. Hazardous Materials Insurance (As Noted Below) Hazardous materials include all materials and substances that are currently designated or defined as hazardous by the law or rules of regulation by the State of Florida or federal government. All coverage shall be afforded under either an occurrence policy form or a claims-made policy form, and the policy shall be endorsed and name ‘Manatee County, a political subdivision of the State of Florida’ as an Additional Insured. If the coverage form is on a claims-made basis, then coverage must be maintained for a minimum of three years from termination of date of the contract. Manatee County BCC Agreement No. 24-R084063BB 31 Limits must not be less than: Pollution Liability Amount equal to the value of the contract, subject to a $1,000,000 minimum, for Bodily Injury and Property Damage to include sudden and gradual release, each claim and aggregate. Asbestos Liability (If handling within scope of Contract) Amount equal to the value of the contract, subject to a $1,000,000 minimum, for Bodily Injury and Property Damage to include sudden and gradual release, each claim and aggregate. Disposal When applicable, CONTRACTOR shall designate the disposal site and furnish a Certificate of Insurance from the disposal facility for Environmental Impairment Liability Insurance covering liability. • Amount equal to the value of the contract, subject to a $1,000,000 minimum, for Liability for Sudden and Accidental Occurrences, each claim and an aggregate. • Amount equal to the value of the contract, subject to a $1,000,000 minimum, for Liability for Non-Sudden and Accidental Occurrences, each claim and an aggregate. Hazardous Waste Transportation Insurance CONTRACTOR shall designate the hauler and have the hauler furnish a Certificate of Insurance for Automobile Liability insurance with Endorsement MCS-90 for liability arising out of the transportation of hazardous materials. EPA identification number shall be provided. All coverage shall be afforded under either an occurrence policy form or a claims-made policy form and the policy shall be endorsed and name “Manatee County, a political subdivision of the State of Florida” as an Additional Insured. If the coverage form is on a claims-made basis, then coverage must be maintained for a minimum of three years from termination of date of the contract. Limits must not be less than: • Amount equal to the value of the contract, subject to a $1,000,000 minimum, per accident. Liquor Liability Insurance Coverage shall be afforded under a per occurrence policy form, policy shall be endorsed and name “Manatee County, a political subdivision of the State of Florida” as an Additional Insured, and include limits not less than: • $1,000,000 Each Occurrence and Aggregate Garage Keeper’s Liability Insurance Coverage shall be required if the maintenance, servicing, cleaning or repairing of any County motor vehicles is inherent or implied within the provision of the contract. Coverage shall be afforded under a per occurrence policy form, policy shall be endorsed and name Manatee County BCC Agreement No. 24-R084063BB 32 “Manatee County, a political subdivision of the State of Florida” as an Additional Insured, and include limits not less than: • Property and asset coverage in the full replacement value of the lot or garage. Bailee’s Customer Liability Insurance Coverage shall be required for damage and/or destruction when County property is temporarily under the care or custody of a person or organization, including property that is on, or in transit to and from the person or organization’s premises. Perils covered should include fire, lightning, theft, burglary, robbery, explosion, collision, flood, earthquake and damage or destruction during transportation by a carrier. Coverage shall be afforded under a per occurrence policy form, policy shall be endorsed and name “Manatee County, a political subdivision of the State of Florida” as an Additional Insured, and include limits not less than: • Property and asset coverage in the full replacement value of the County asset(s) in the CONTRACTOR’S care, custody and control. Hull and Watercraft Liability Insurance Coverage shall be afforded under a per occurrence policy form, policy shall be endorsed and name “Manatee County, a political subdivision of the State of Florida” as an Additional Insured, and include limits not less than: • $ Each Occurrence • $ General Aggregate • $ Fire Damage Liability • $10,000 Medical Expense, and • $ Third Party Property Damage • $ Project Specific Aggregate (Required on projects valued at over $10,000,000) Other [Specify] REQUIRED BONDS Bid Bond A Bid Bond in the amount of $______ or ____% of the total offer. Bid bond shall be submitted with the sealed response and shall include project name, location, and / or address and project number. In lieu of the bond, the bidder may file an alternative form of security in the amount of $______ or ____% of the total offer. in the form of a money order, a certified check, a cashier’s check, or an irrevocable letter of credit issued to Manatee County. NOTE: A construction project over $200,000 requires a Bid Bond in the amount of 5% of the total bid offer. Payment and Performance Bond A Payment and Performance Bond shall be submitted by Successful Bidder for 100% of the award amount and shall be presented to Manatee County within ten (10) calendar days of issuance of the notice of intent to award. NOTE: A construction project over $200,000 requires a Payment and Manatee County BCC Agreement No. 24-R084063BB 33 Performance Bond. I. INSURANCE REQUIREMENTS THE POLICIES ARE TO CONTAIN, OR BE ENDORSED TO CONTAIN, THE FOLLOWING PROVISIONS: Commercial General Liability and Automobile Liability Coverages a. “Manatee County, a Political Subdivision of the State of Florida,” is to be named as an Additional Insured in respect to: Liability arising out of activities performed by or on behalf of the CONTRACTOR, his agents, representatives, and employees; products and completed operations of the CONTRACTOR; or automobiles owned, leased, hired or borrowed by the CONTRACTOR. The coverage shall contain no special limitation(s) on the scope of protection afforded to the COUNTY, its officials, employees or volunteers. In addition to furnishing a Certificate of Insurance, the CONTRACTOR shall provide the endorsement that evidences Manatee COUNTY being listed as an Additional Insured. This can be done in one of two ways: (1) an endorsement can be issued that specifically lists “Manatee County, a Political Subdivision of the State of Florida,” as Additional Insured; or, (2) an endorsement can be issued that states that all Certificate Holders are Additional Insured with respect to the policy. b. The CONTRACTOR'S insurance coverage shall be primary insurance with respect to the COUNTY, its officials, employees and volunteers. Any insurance or self-insurance maintained by the COUNTY, its officials, employees or volunteers shall be excess of CONTRACTOR's insurance and shall be non-contributory. c. The insurance policies must be on an occurrence form. Workers' Compensation and Employers' Liability Coverages The insurer shall agree to waive all rights of subrogation against the COUNTY, its officials, employees and volunteers for losses arising from work performed by the CONTRACTOR for the COUNTY. II. General Insurance Provisions Applicable To All Policies: a. Prior to the execution of contract, or issuance of a Purchase Order, and then annually upon the anniversary date(s) of the insurance policy’s renewal date(s) for as long as this contract remains in effect, CONTRACTOR shall furnish the COUNTY with a Certificate(s) of Insurance (using an industry accepted certificate form, signed by the Issuer, with applicable endorsements, and containing the solicitation or contract Manatee County BCC Agreement No. 24-R084063BB 34 number, and title or description) evidencing the coverage set forth above and naming “Manatee County, a Political Subdivision of the State of Florida” as an Additional Insured on the applicable coverage(s) set forth above. b. If the policy contains an aggregate limit, confirmation is needed in writing (letter, email, etc.) that the aggregate limit has not been eroded to procurement representative when supplying Certificate of Insurance. In addition, when requested in writing from the COUNTY, CONTRACTOR will provide the COUNTY with a certified copy of all applicable policies. The address where such certificates and certified policies shall be sent or delivered is as follows: Manatee County, a Political Subdivision of the State of Florida Attn: Risk Management Division 1112 Manatee Avenue West, Suite 969 Bradenton, FL 34205 c. The project’s solicitation number and title shall be listed on each certificate. d. CONTRACTOR shall provide thirty (30) days written notice to the Risk Manager of any cancellation, non-renewal, termination, material change, or reduction in coverage of any insurance policies to procurement representative including solicitation number and title with all notices. e. CONTRACTOR agrees that should at any time CONTRACTOR fail to meet or maintain the required insurance coverage(s) as set forth herein, the COUNTY may terminate this contract. f. The CONTRACTOR waives all subrogation rights against COUNTY, a Political Subdivision of the State of Florida, for all losses or damages which occur during the contract and for any events occurring during the contract period, whether the suit is brought during the contract period or not. g. The CONTRACTOR has sole responsibility for all insurance premiums and policy deductibles. h. It is the CONTRACTOR'S responsibility to ensure that his agents, representatives and subcontractors comply with the insurance requirements set forth herein. CONTRACTOR shall include his agents, representatives, and subcontractors working on the project or at the worksite as insured under its policies, or CONTRACTOR shall furnish separate certificates and endorsements for each agent, representative, and subcontractor working on the project or at the worksite. All coverages for agents, representatives, and subcontractors shall be subject to all of the requirements set forth to the procurement representative. Manatee County BCC Agreement No. 24-R084063BB 35 i. All required insurance policies must be written with a carrier having a minimum A.M. Best rating of A- FSC VII or better. In addition, the COUNTY has the right to review the CONTRACTOR’s deductible or self-insured retention and to require that it be reduced or eliminated. j. CONTRACTOR understands and agrees that the stipulated limits of coverage listed herein in this insurance section shall not be construed as a limitation of any potential liability to the COUNTY, or to others, and the COUNTY’S failure to request evidence of this insurance coverage shall not be construed as a waiver of CONTRACTOR’S obligation to provide and maintain the insurance coverage specified. k. CONTRACTOR understands and agrees that the COUNTY does not waive its immunity and nothing herein shall be interpreted as a waiver of the COUNTY’S rights, including the limitation of waiver of immunity, as set forth in Florida Statutes 768.28, or any other statutes, and the COUNTY expressly reserves these rights to the full extent allowed by law. l. No award shall be made until the Procurement Division has received the Certificate of Insurance in accordance with this section. III. BONDING REQUIREMENTS Bid Bond/Certified Check. By submitting a proposal, the CONTRACTOR agrees should its proposal be accepted, to execute the form of Agreement and present the same to COUNTY for approval within ten (10) calendar days after notice of intent to award. The CONTRACTOR further agrees that failure to execute and deliver said form of Agreement within ten (10) calendar days will result in damages to COUNTY and as guarantee of payment of same a bid bond/certified check shall be enclosed within the submitted sealed proposal in the amount of five (5%) percent of the total amount of the proposal. The CONTRACTOR further agrees that in case the CONTRACTOR fails to enter into an Agreement, as prescribed by COUNTY, the bid bond/certified check accompanying the proposal shall be forfeited to COUNTY as agreed liquidated damages. If COUNTY enters into an agreement with a CONTRACTOR, or if COUNTY rejects any and/or all proposals, accompanying bond will be promptly returned. Payment and Performance Bonds. Prior to commencing work, the CONTRACTOR shall obtain, for the benefit of and directed to COUNTY, a Payment and Performance Bond satisfying the requirements of Section 255.05, Florida Statutes, covering the faithful performance by the CONTRACTOR of its obligation under the Contract Documents, including but not limited to the construction of the project on the project site and the payment and obligations arising thereunder, including all payments to Subcontractors, laborers, and materialmen. The surety selected by the CONTRACTOR to provide the Payment and Performance Bond shall be approved by COUNTY prior to issuance of such Bond, which approval shall not be unreasonably withheld or delayed provided that surety is rated A- or better by Best’s Key Guide, latest edition. Failure to provide the required bonds on the prescribed form may result in CONTRACTOR being deemed nonresponsive. Bonds must be in the form prescribed in Section 255.05, Florida Statutes, Manatee County BCC Agreement No. 24-R084063BB 36 and must not contain notice, demand or other terms and conditions, including informal pre-claim meetings, not provided for in Section 255.05, Florida Statutes. Bonds shall be in an amount equal to 100% of the contract price issued by a duly authorized and nationally recognized surety company, authorized to do business in the State of Florida, satisfactory to COUNTY. Surety shall be rated as “A-” or better by Best’s Key Guide, latest edition. The attorney-in-fact who signs the bonds must file with the bonds, a certificate and effective dated copy of power-of-attorney. Payment and Performance Bonds shall be issued to “Manatee County, a political subdivision of the State of Florida”, within ten (10) calendar days after issuance of notice of intent to award. In addition, pursuant to Section 255.05(1)(b), Florida Statutes, prior to commencing work, the CONTRACTOR shall be responsible and bear all costs associated to record the Payment and Performance Bond with the Manatee County Clerk of the Circuit Court. A certified copy of said recording shall be furnished to the Procurement Division upon filing. Pursuant to Section 255.05(1)(b), Florida Statutes, COUNTY will make no payment to the CONTRACTOR until the CONTRACTOR has complied with this paragraph. Furnishing Payment and Performance Bonds shall be requisite to execution of an Agreement with COUNTY. Said Payment and Performance Bonds will remain in force for the duration of this Agreement with the premiums paid by the CONTRACTOR. Failure of the CONTRACTOR to execute such Agreement and to supply the required bonds shall be just cause for cancellation of the award. COUNTY may then contract with the next lowest, responsive and responsible CONTRACTOR or re-advertise this RFP. Failure of COUNTY at any time to require performance by the CONTRACTOR of any provisions set out in the resulting Agreement will in no way affect the right of COUNTY, thereafter, to enforce those provisions. [Remainder of page intentionally left blank] Manatee County BCC Agreement No. 24-R084063BB 37 EXHIBIT E, LIFT STATION LOCATIONS AND CAPACITY LIFT STATION NAME RTU ADDRESS CITY PUMP CAPACITY GPM (gallons per minute) Parrish Master 999 12110 Erie Road Parrish 4200 N7A 554 2889 16th Ave E Palmetto 315 West Memphis 557 2279 2nd Ave W Palmetto 100 Memphis Road 534 1721 17th Street E Palmetto 775 Plantation Bay 514 625 25th Drive E Ellenton 735 Tidevue 4 Master 533 1355 41st Ave E Ellenton 1629 Oak Creek 568 5910 37th Street E Ellenton 170 Colony Cove 6 522 162 Colony Drive N Ellenton 1100 Colony Cove 8 524 7100 Lakeshore Dr Ellenton 250 Twin Rivers 1 595 3825 Twin Rivers Trail Parrish 675 Chelsea Oaks 598 12495 30th Street E Parrish 315 River Woods 569 3202 Riverwoods Drive Parrish 264 River Wilderness 4 532 11721 Old Tampa Rd Parrish 500 River Plantation 806 12600 22nd Ct E Parrish 235 Oakleaf Hammock 2 841 4922 72 Terrace Ellenton 236 Thousand Oaks 516 8001 55th Street E Palmetto 373 N5A 537 619 45th Ave E Ellenton 124 N6B 553 755 33rd Street W Palmetto 430 N2B 548 326 47th Street W Palmetto 1000 N5B 552 8818 Bayshore Road Palmetto 600 NSK2 562 410 Terra Ceia Road Terra Ceia 210 N4B 550 1211 72nd Street E Palmetto 1080 N1C 546 3800 Erie Road Parrish 1460 N1H 513 11220 US41 North Palmetto 500 N1B Master 549 2888 69th Ct E Palmetto 1400 Manatee County Jail 565 14470 Harlee Road Palmetto 200 Waterford 593 5203 Lakehurst Ct Palmetto 113 Parc Imperial 577 6150 Bobby Jones Road Palmetto 150 Artisan Lakes MLS 838 9760 Gillet Road Palmetto 2042 Rye Road Master 892 156 Rye Road Bradenton 695 Pope Road Master 683 12405 44th Ave E Bradenton 5500 Southeast Master 677 14700 The Masters Ave Bradenton 1300 Lakewood Repump 603 8155 Lakewood Ranch Blvd. Bradenton 1224 Manatee County BCC Agreement No. 24-R084063BB 39 Lakewood Ranch Town Cntr 4 604 7540 Town Center Parkway Bradenton 381 Bridgewater 623 13408 Bridgeport Crossing Bradenton 225 Arnold Palmer Green 2 626 7533 Arnold Palmer Green Bradenton 390 University Common 639 3880 84th Ave Cir E Bradenton 220 Legacy 10 660 7955 Legacy Blvd Bradenton 974 Legacy 13 662 8425 Legacy Blvd Bradenton 418 Greenbrook 2 620 13324 Adventure Place Bradenton 300 Lakewood Ranch Riverwalk 602 7035 Honeysuckle Trail Bradenton 1427 Lakewood Ranch Master 362 11600 Clubhouse Drive Bradenton 1520 River Club 5 364 7515 River Club Blvd Bradenton 160 Linger Lodge 325 7030 85th Sreet CT E Bradenton 250 Braden Woods 326 6712 99th Street E Bradenton 750 University Park 483 6926 Langley Place Bradenton 500 Country Oaks 462 8202 Cypress Lake Drive Sarasota 309 41A 454 5195 Whitfield Ave Bradenton 2000 Tara 4 351 6311 Stone River Road Bradenton 90 Tara 5 354 6514 Turner Gap Road Bradenton 125 Tara 6 613 7406 Tara Preserve Lane Bradenton 400 Tara 20 Master 323 7211 Stone River Road Bradenton 2000 Mill Creek 4 374 811 137th Street NE Bradenton 467 Mill Creek 2 358 13407 2nd Ave NE Bradenton 95 Greyhawk Landings 1 618 1004 Brambling Ct Bradenton 249 Greyhawk Landings 3 637 12407 Daisy Place Bradenton 343 Missionary Village 329 1201 117th Street E Bradenton 930 Waterlefe 1 394 10335 Wwaterlefe Ave Bradenton 498 Upper Manatee River Road 330 1010 Upper Man. River Rd Bradenton 920 Gates Creek 335 11312 3RD ACE. E. Bradenton 400 Heritage Harbor 8 674 8804 River Preserve Drive Bradenton 242 Heritage Harbor 9 667 320 River Enclave Ct Bradenton 418 Heritage Harbor 6 647 9047 Stone Harbor Loop Bradenton 124 Heritage Harbor 12 609 6830 Grand Estuary Trail Bradenton 215 Heritage Harbor Master 640 7299 Montauk Point Crossing Bradenton 1654 Kay Road 328 900 Kary Road Bradenton 200 Riverdale 1 332 412 43rd Street Blvd E Bradenton 466 Rye Wilderness 1 634 3441 Brookridge Lane Parrish 200 Manatee Palms 1 313 115 Kay Road Bradenton 700 Palm Aire 3 443 7583 Whitfield Ave Bradenton 1000 Peridia 1 476 5050 Peridia Blvd E Bradenton 700 Sonoma 678 5329 Napa Drive Bradenton 138 Country Meadows 657 318 Country Meadows Way Bradenton 294 Manatee County BCC Agreement No. 24-R084063BB 40 38A 427 5519 24th Street E Bradenton 340 Henson Industrial Park 430 2821 62nd Ave E Bradenton 140 40A 429 3550 63rd Ave E Bradenton 750 301 Park of Commerce 311 2315 58th Ave E Bradenton 105 Sabal Cove 470 5340 33rd Street E Bradenton 935 Sabal Harbor 1 386 4503 Sabal Key Drive Bradenton 550 39A Master 428 5621 39th Sreet E Bradenton 2300 Braden River High School 649 5265 60th Street E Bradenton 420 Bayshore Yacht Basin 101 6805 26th Street West Bradenton 950 12A Master 139 2007 Bay Drive Bradenton 3000 El Conquistador 1 104 3790 El. Conquistador Pkwy Bradenton 800 Samoset 4 340 1919 15th St E Samoset 100 Samoset 5 341 2206 26th Ave E Samoset 450 Samoset 1 308 1801 34th Ave E Samoset 1150 30EE 333 3831 11th Street E Bradenton 125 42A 431 1560 60th Ave Dr E Bradenton 200 20A 433 5932 12th Street E Bradenton 651 13A Master 408 112 63rd Ave E Bradenton 3319 33A 238 3250 26th Street W Bradenton 400 34A 239 4006 24th Street W Bradenton 963 26A 418 800 Orlando Ave Bradenton 780 31A 126 1710 47th Ave Drive W Bradenton 1542 Wildwood Springs 2 115 3985 Oakview Drive Bradenton 190 23AA 411 1203 51st Avenue Dr W Bradenton 250 27A Master 138 2484 53rd Ave W Bradenton 2950 30AA 248 4602 34th St W Bradenton 1000 #12 65 501 Magnolia Ave Anna Maria 600 #11 64 8501 Gulf Dr Holmes Beach 1000 #7 62 6900 Holmes Blvd Holmes Beach 800 5 Master 71 4150 Gulf Drive Holmes Beach 1830 2C 57 2301 Ave C Bradenton 400 #1 54 111 6th Street S Bradenton Beach 300 1M Master 203 8720 44th Ave W Bradenton 3393 The Loop 147 9400 17th Ave NW Bradenton 210 9D 226 6504 5th Ave NW Bradenton 1000 Perico Island 207 407 107th Ct W Bradenton 165 Flamingo Cay 208 10301 Manatee Ave W Bradenton 320 1D Master 237 1806 51st Street W Bradenton 2609 Glenn Lakes 119 5005 47th Street W Bradenton 300 12D 221 7830 Desoto Memorial Dr Bradenton 500 Manatee County BCC Agreement No. 24-R084063BB 41 15D 218 1001 Palma Sola Blvd Bradenton 600 19D 217 2314 Palma Sola Blvd Bradenton 207 8D 225 6700 9th Ave NW Bradenton 750 37A 302 800 39th Ave W Bradenton 480 Manatee Woods 319 3600 3rd Street E Bradenton 133 9A 436 1160 Rome Ave Bradenton 225 6A 136 7678 West Moreland Dr Bradenton 453 17A 404 816 63rd Ave W Bradenton 195 32AA 334 509 28th Ave W Bradenton 200 #15 67 420 North Bay Blvd Anna Maria 250 END OF EXHIBIT E Manatee County BCC Agreement No. 24-R084063BB 42 EXHIBIT F, SERVICE AREA SCHEMATICS Please note that these charts do not geographically represent the wastewater system. It is only used to show a simple flow diagram and what products are used at each location. Manatee County BCC Agreement No. 24-R084063BB 43 Manatee County BCC Agreement No. 24-R084063BB 44 Manatee County BCC Agreement No. 24-R084063BB 45 Manatee County BCC Agreement No. 24-R084063BB 46 Manatee County BCC Agreement No. 24-R084063BB 47 Manatee County BCC Agreement No. 24-R084063BB 48 Manatee County BCC Agreement No. 24-R084063BB 49 END OF EXHIBIT F Manatee County BCC Agreement No. 24-R084063BB 50 2650 Tallevast Rd. Sarasota, FL 34243 USA Tel: +1 (800) 345-3982 Fax: +1 (941) 359-7895 Page 1 of 1 July 22, 2025 Ms. Michelle Mack City of Clearwater 1650 North Arcturas Avenue Clearwater, FL 32727-3777 Email: Michelle.Mack@myclearwater.com RE: PIGGYBACK OF MANATEE COUNTY, FLORIDA ODOR AND CORROSION CONTROL SERVICES AGREEMENT No. 24-R084063BB Dear Ms. Mack: First, let me thank you again for your continued interest in Evoqua Water Technologies and for your confidence in our ability to solve your hydrogen sulfide odor and corrosion control needs. Per our discussions, Evoqua Water Technologies was awarded a five-year contract with Manatee County, Florida on July 20, 2024 for Odor and Corrosion Control Services. (Manatee County Odor and Corrosion Control Agreement No. 24-R084063BB). Evoqua Water Technologies and Manatee County have agreed to the first year renewal option and we would like to offer the City of Clearwater the opportunity to continue piggybacking the Manatee County contract for your odor control program. Under the Manatee County contract agreement, the pricing for the products and services you are currently using are as follows and are listed in the Manatee County contract documents I provided. 50% Hydrogen Peroxide: $0.56/lbs Odophos: $1.78/Gallon All terms are per the existing Manatee County, FL contract and shall apply. The above prices do not include any applicable taxes. This Manatee County contract pricing is in effect from July 20, 2025, through July 19, 2026. Thank you again for the opportunity to be of service. We look forward to continuing to serve the City of Clearwater in the years to come. If you have any questions regarding this information or if I can be of assistance in any way, please do not hesitate to call me at (352) 804-5706. Sincerely, Evoqua Water Technologies LLC David McCalla David McCalla Sales Representative From:Stacia Branco To:Mack, Michelle Cc:Public Utilities Accounting Subject:RE: Permission to Piggyback #24-R084063BB (EWT Holdings III / Manatee County) Date:Friday, June 13, 2025 1:17:23 PM Attachments:image001.png image002.png 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 Michelle, Manatee County has no objection with Clearwater piggybacking Agreement No. 24-R084063BB Corrosion and Odor Control Services. Sincerely, Stacia Branco | Procurement Manager Non-ConstructionManatee County GovernmentFinancial Management Department | Procurement Division1112 Manatee Ave WestBradenton, FL 34205941-749-3041 Under Public Records Act, email communications sent to and from this address may be subject topublic disclosure. Please be advised that any correspondence may be retained as a public record andcould be disclosed upon request. From: Mack, Michelle <Michelle.Mack@MyClearwater.com> Sent: Friday, June 13, 2025 9:28 AM To: Stacia Branco <stacia.branco@mymanatee.org> Cc: Public Utilities Accounting <PUAccounting@MyClearwater.com> Subject: RE: Permission to Piggyback #24-R084063BB (EWT Holdings III / Manatee County) CAUTION:This email originated from an external source. Be suspicious of Attachments, Links and Request for Login Information and utilize the REPORT MESSAGE Button in Outlook if you feel this is a Phishing email. Hi Stacia Would you kindly provide us with your permission to piggyback on Agreement No. 24- R084063BB Corrosion and Oder Control Service for the next term? I need to attach the approval to our agenda item. Thanks! Kind regards, Michelle Mack Contracts & Procurement Specialist Clearwater Public Utilities Confidentiality Notice: The information contained in this email and any attachments is confidential and intended solely for the use of the named recipient(s). If you have received this email in error, please notify the sender immediately and delete this email from your system. Any unauthorized review, use, disclosure, or distribution of this email is strictly prohibited. From: Stacia Branco <stacia.branco@mymanatee.org> Sent: Thursday, June 12, 2025 2:43 PM To: Mack, Michelle <Michelle.Mack@MyClearwater.com> Cc: Public Utilities Accounting <PUAccounting@MyClearwater.com> Subject: RE: Permission to Piggyback #24-R084063BB (EWT Holdings III / Manatee County) 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. I just received confirmation that the department will be proceeding with an extension. Once Ireceive the request, an amendment will be prepared. Stacia Branco | Procurement Manager Non-ConstructionManatee County GovernmentFinancial Management Department | Procurement Division1112 Manatee Ave WestBradenton, FL 34205941-749-3041 Under Public Records Act, email communications sent to and from this address may be subject topublic disclosure. Please be advised that any correspondence may be retained as a public record andcould be disclosed upon request. Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#25-0793 Agenda Date: 9/4/2025 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Public Works Agenda Number: 6.11 SUBJECT/RECOMMENDATION: Approve a five-year Lease Agreement between the City of Clearwater Police Department and Intercultural Advocacy Institute for the police sub-station vacant space located at 1498 South Martin Luther King Jr Ave, Clearwater, FL and authorize the appropriate officials to execute same. SUMMARY: The City of Clearwater Police Department (CWPD), through its dedicated efforts to serve its residents, acknowledges and wishes to express sincere gratitude to the former tenant of the substation, the Community Dental Clinic, for its past public services, and much future success, having now relocated to a larger owned location where they will continue to serve the residents of Clearwater. The departing City tenant, Community Dental Clinic (CDC), in early June 2025, gave proper notice to terminate its Lease Agreement at the shared CWPD substation located at 1498 S Martin Luther King Jr Ave. The CDC on August 8, 2025, vacated the leased space without issue. The current City tenant at 612 Franklin St., Intercultural Advocacy Institute (HOC), has requested to vacate from its current location due to the mutual needs of the CWPD to repurpose its property, and HOC’s need for additional space, and relocate to the substation property previously leased by CDC. HOC has since properly terminated its current lease and has executed a new lease with CWPD. All necessary relocation maintenance has been completed. The base terms of this Lease Agreement: five-year term, $1.00 annual rent, utilities paid by HOC, insurances paid by HOC, and emergency CWPD approved use conditions. City Legal, CWPD, and PW/Eng departments have reviewed and approved this request. STRATEGIC PRIORITY: Page 1 City of Clearwater Printed on 9/2/2025 LEASE AGREEMENT THIS LEASE AGREEMENT is made and entered into this _____day of September, 2025, by and between the CITY OF CLEARWATER, a Florida Municipality, herein called the "Lessor," and the INTERCULTURAL ADVOCACY INSTITUTE, INC., a Florida Corporation non-profit, herein called the "Lessee." ARTICLE I. TITLE The title of this Lease is the Hispanic Outreach Center (“HOC”) lease. ARTICLE II. TERM The term of this Lease shall be (5) years to commence on September _______ 2025 and continuing through September _______ 2030 (the Termination Date), unless earlier terminated under the terms of this Agreement. ARTICLE III. LEASEHOLD The Lessor leases to the Lessee the following described property (“Premises”), a portion of property addressed at 1498 South Martin Luther King Jr. Avenue, Clearwater, Florida, described as follows under Parcel Number: 22-29-15-29247-000-0020 and Legal Description: Foundation Oaks Lot 2 & W 100ft of E 130ft of N 100ft S 130ft of NW 1/4 of SW 1/4: See Exhibits “A” “B” "C" Attached hereto and by this reference made a part hereof. ARTICLE IV. RIGHTS AND RESPONSIBILITIES Section 1. Use of Premises. a)Lessee shall use the Premises for implementation of a Hispanic Community Services Center,to be known as "Centro Apoyo Hispano" (or Hispanic Outreach Center (“HOC”)). However, ifLessor determines it to be an emergency, the Lessor shall have the exclusive right to utilize the kitchen facilities at the Premises. b)The Lessee is authorized and agrees to provide the following services and/or make thePremises available for the following listed activities: •Providing office space for the Lessor's Police Department's HOC officer. This policeofficer serves as the primary liaison between the Clearwater Police Department (CPD) andthe Hispanic community and is responsible for organizing and implementing the PoliceDepartment's Hispanic Outreach Program. •Providing interpreter and victim advocacy services at the HOC when requested by CPD; •Referring both victims and witnesses to CPD; •Moderating, planning, and organizing community meetings with CPD; •Hosting the Mexican Consulate with the HOC Officer as needed; •Referring individuals to civil court or other non-profits for assistance; •Acting as a liaison for Hispanic individuals who are less than trustful of law enforcementagencies; •Handling domestic injunctions and referrals; •Providing training and consultation on topics such as Human Trafficking, wage theft,refugee resettlement outreach, police-minority relations, and cultural integration; •Collaborating with community organizations such as the Mexican Council of Tampa Bay,Suncoast Center, Girl Scouts of West Central Florida, Gulf Coast Legal Services, and others,to provide on-site services for the Hispanic community; •Managing the Hispanic Leadership Council, of which the City of Clearwater and the CPDare members, to enhance services and access for the Hispanic community. •Providing other advocacy or intervention services. These services will respond to the needs of the Hispanic community and may include health matters, legal issues, and other concernsidentified by the Hispanic community, the Lessee, or CPD. •Coordinating ESOL classes. The Lessee will coordinate the provision of English For Speakers of Other Languages (ESOL) classes at the HOC. •Providing a multi-purpose training room. The Lessee will provide space to be jointly used by the Lessee and Lessor and other parties as coordinated by the Lessee. •Administering youth services. Lessee will administer various Youth Programs targetedtoward at-risk youth from Hispanic and other ethnic or language groups. These programswill focus on risk reduction and the development of individual and leadership skills needed in adulthood. c)The Lessee is further authorized to make a reasonable charge or charges to the approvedgroup(s) using the premises, said charges must be authorized by the City Manager, or designee, andused to defray the cost of maintaining the premises. d)Lessee covenants and agrees to make no unlawful, improper or offensive use of the leasedpremises. At the termination of this Lease, Lessee agrees to return the premises to the Lessor in asgood condition as at the effective date of this Agreement, subject only to normal wear and tear. Section 2. Designated Parking Area. Lessee understands and agrees to the designated primary parking area for its employees and guests. Section 3. Annual Report Required. The Lessee agrees to submit an annual report to the City Manager, not later than January 31st of each calendar year, summarizing the use and services rendered by the Lessee while occupying the Premises. Section 4. Maintenance of Premises. The Lessee shall properly maintain the leasehold in a clean and orderly condition. The Lessee shall be responsible for maintenance of the interior of the structures, including HVAC systems, interior electrical and plumbing systems, and playground located at the premises. The Lessor shall be responsible for maintenance of the exterior of the building and grounds at the premises such as lawn mowing, landscaping, painting, lighting, roof repairs, and other exterior maintenance caused by normal use and weather exposure. If any single item of maintenance or repair exceeds $5,000, the Lessee or Lessor may terminate this Lease on thirty (30) days written notice to the other party. Section 5. Repairs and Improvements. a)Lessee may make whatever repairs, alterations, and improvements to the Premises it deemsnecessary, provided that the Lessor first agrees in writing to any such actions to repair, alter orimprove the Premises. If the property's physical condition falls into a state of disrepair in the opinion of the City Building Official, the Lessor may terminate this Agreement upon fifteen (15) days written notice to Lessee. b)Repairs, alterations, or improvements attached to the Premises shall become the property ofLessor upon the termination or expiration of this lease or any extension hereof unless otherwise indicated by Lessor. Section 6. Utilities. Lessee shall pay all bills for electrical and utility services before such bills become delinquent. Section 7. Quiet Enjoyment. Upon payment of the rents herein required, and upon observing and performing the covenants, terms, and conditions required by the lease, the Lessee shall peaceably and quietly hold and enjoy the leased premises for the term of the lease without hindrance or interruption by the Lessor. ARTICLE V. LEASE RENTAL FEES AND PAYMENTS In consideration of the promises and covenants set forth herein, Lessor hereby grants to Lessee and Lessee accepts from Lessor, this nonexclusive lease, right and privilege to use the Premises for the sum of One Dollar ($1.00) per year, due immediately upon the effective date of this Lease. ARTICLE VI. TAXES Lessee agrees to pay any real property taxes that may be assessed and levied on the property or on the leasehold created by this document. ARTICLE VII. INSURANCE Lessee shall procure and maintain during the term of this Agreement insurance against claims for injuries to persons or damage to property which may arise from or in connection with this lease. Section 1. Minimum Scope of Insurance. The Lessee shall obtain and maintain minimum insurance coverages as detailed in Exhibit B attached hereto. The City's Risk Manager may modify these requirements based on customary policies and practices and shall notify the Lessee of the same who shall update coverages upon any renewal period. Lessee shall furnish the Lessor with Certificates of Insurance with all endorsements affecting coverage required by this Article. These forms shall be received and approved by the Lessor's Risk Manager upon execution of this Lease agreement by both parties to this Agreement. ARTICLE VIII. CASUALTY DAMAGE TO PREMISES Section 1. Reparable Damage. Any time the building or premises is damaged or destroyed to the extent that the Lessee cannot therefore conduct its activities and the Lessor determines that the demised premises can be restored by making appropriate repairs, Lessee and Lessor shall negotiate a shared responsibility to affect such repairs expeditiously and to the satisfaction of the City's Building Official. If a shared resolution is not successfully negotiated within 30 days of the damage or destruction, this Agreement shall be subject to termination by the Lessee with thirty (30) days written notice to Lessor. Section 2. Catastrophic Damage. In the event of total destruction of or catastrophic damage to the demised premises, the Lessee or Lessor may terminate this lease as of the date of such damage or upon thirty (30) days written notice to the other party to this lease. Section 3. Waiver of Recovery Rights. Both parties waive any and all rights of recovery against the other party for any direct or indirect loss occurring to the demised premises in the event of damage categorized in Sections 1 and 2 above which is covered by insurance. ARTICLE IX. LIABILITY AND INDEMNIFICATION Lessee agrees to assume all risks of the Premises and all liability therefore, and shall defend, indemnify, and hold harmless the Lessor, its officers, agents, and employees from and against any and all loss, liability and damages of whatever nature, to persons and property, including, without limiting the generality of the foregoing, death of any person and loss of the use of any property except arising from the negligence or willful misconduct of Lessor or Lessor's agents or employees. This includes, but is not limited to, matters arising out of or claimed to have been caused by or in any manner related to the Premises or Lessee's activities or those of any approved or unapproved invitee, contractor, subcontractor, or other person approved, authorized, or permitted by Lessee in or about the Premises whether or not based on negligence. Notwithstanding anything contained herein to the contrary, this indemnification provision shall not be construed as a waiver of any immunity to which Lessor is entitled or the extent of any limitation of liability pursuant to § 768.28, Florida Statutes. Furthermore, this provision is not intended to nor shall be interpreted as limiting or in any way affecting any defense Lessor may have under § 768.28, Florida Statutes or as consent to be sued by third parties. ARTICLE X. AMERICANS WITH DISABILITIES ACT Lessee hereby affirms its intention to take any and all such actions that are reasonable and prudent to comply with the Americans With Disabilities Act of 1990 (known as the "ADA"). These would include modifications to the structure, revisions in operations and supporting communications capabilities and procedures and changes in functional location and layout. ARTICLE XI. NON-DISCRIMINATION Section 1. No Exclusion From Use. Lessee agrees that no person shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination in the use of the premises on the grounds of race, color, religion, sex, handicap, age, or national origin. Section 2. No Exclusion From Hire. Lessee agrees that in the construction of any improvements on, over, or under the premises, and the furnishing of services therein or thereon, no person shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination on the grounds of race, color, religion, sex or national origin. Section 3. Observance of Various Laws. The Lessee shall observe the following laws: Section I of the 14th Amendment, The Equal Pay Act, The Civil Rights Acts of 1866 and 1870, the Vietnam Era Veterans Readjustment Act, the standards of Merit System Personnel Administration, Executive Order 12246 as amended, Revised Order 4, the Age Discrimination Act of 1967, the Rehabilitation Act of 1975, Executive Order 11914 and the Americans With Disabilities Act of 1990. Section 4. Breach of Nondiscrimination Covenants. In the event of breach of any of the above nondiscrimination covenants, which breach has been finally adjudicated by an appropriate agency or court of law, the Lessor shall have the right to terminate this Lease and to re-enter and repossess the premises and hold the same as if said Agreement had never been made or issued. This provision does not become effective until the procedures of 49 Code of Federal Regulations ("CFR") Part 21 have been followed and completed, including expiration of appeal rights. ARTICLE XII. DISCLAIMER OF WARRANTIES This Agreement constitutes the entire Agreement of the parties on the subject hereof and may not be changed, modified or discharged except by written Amendment duly executed by both parties. Lessee agrees that no representations or warranties shall be binding upon the Lessor unless expressed in writing herein or in a duly executed Amendment hereof. Further, Lessor does not warrant and hereby disclaims any and all liability and responsibility for or on account of the condition of the Premises, or any portions thereof, or for or on account of anything affecting such conditions. RADON GAS NOTIFICATION, AS REQUIRED BY FLORIDA STATUTE 404.056(8): Radon Gas: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida Additional information regarding radon and radon testing may be obtained from your county health unit. ARTICLE XIII. ASSIGNMENT OF LEASE This Lease, or any part thereof or interest therein, may not be assigned, transferred or subleased by Lessee. Any attempted assignment of the rights and obligations provided for herein shall be of no force or effect and shall upon such attempted assignment or transfer, render this Agreement null and void in its entirety. ARTICLE XIV. DEFAULT AND TERMINATION Section 1. Termination by Lessee. This Agreement shall be subject to termination by Lessee in the event of the following: Material default by the Lessor in the performance of any of the terms, covenants or conditions of this agreement, and in the failure of the Lessor to remedy, or undertake to remedy, to Lessee's satisfaction, such default for a period of thirty (30) days after receipt of notice from Lessee to remedy the same. Lessee shall in writing thirty (30) days prior to Termination give Lessor its Notice to renew said Lease agreement. Section 2. Termination by Lessor. This Agreement shall be subject to termination by the Lessor in the event of any one or more of the following events: a)Lessor determines at a duly constituted City Council meeting that the building or property (said premises) is needed for other municipal services and serves Lessee with sixty (60) days noticeof such intended use. b)Lessor determines that the premises are so extensively damaged by some casualty that it is impractical or inequitable to repair such leased premises. c)The material default by Lessee in the performance of any of the terms, covenants orconditions of this Lease Agreement, and in the failure of the Lessee to remedy, or undertake toremedy, to Lessor's satisfaction such default for a period of thirty (30) days after receipt of notice from Lessor to remedy same. d)The Lessor determines that a municipal need exists consistent with the City's charter andserves Lessee with sixty (60) days notice. e)Lessee's vacating or abandoning the premises. Section 3. Exercise. Exercise of the rights of termination set forth in Sections 1 and 2 above shall be by notice to the other party. Forbearance of timely notice shall not be deemed a waiver of any breach. Section 4. Removal of Property. 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. Lessor may effect such removal at Lessee's expense should Lessee fail to remove said installed property within thirty (30) days notice. Lessee agrees to pay Lessor promptly in the event of such circumstance upon presentation of a proper invoice. Section 5. Causes of Breach and Waiver. a)Neither party shall be held to be in breach of this Agreement because of any failure toperform any of its obligations hereunder if said failure is due to any cause for which it is notresponsible and over which it has no control; provided, however, that the foregoing provision shallnot apply to a failure of Lessee to provide the amounts of insurance contained in Article VII of this Agreement. 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 subsequent breach, violation, or default in or with respect to the same or any other covenant or condition hereof. Section 6. Attorney's Fees. In case suit is brought for recovery of the premises or because of any breach of the Lease, the prevailing party shall be entitled to a reasonable attorney's fee and costs. ARTICLE XV. NOTICE Any notice given by one party to the other in connection with the Lease shall be sent by certified mail, return receipt requested, with postage and fees prepaid: 1.If to the Lessor, addressed to: City Manager, City of Clearwater P. 0. Box 4748 Clearwater, Florida 33758-4748 2.If to the Lessee, addressed to: Intercultural Advocacy Institute, Inc. 612 Franklin Street Clearwater, FL 33755 {ARTICLE XVI. EFFECTIVE DATE TO FOLLOW} ARTICLE XVI. EFFECTIVE DATE The effective date of this Lease shall be the_______ day of September, 2025. IN WITNESS WHEREOF, the parties hereto set their hands and seals this _______ day of September _______, 2025. Countersigned: CITY OF CLEARWATER _________________________ _________________________ Jennifer Poirrier Bruce Rector City Manager Mayor, City of Clearwater Approved as to form: Attest: _________________________ _________________________ Jerrod D. Simpson Rosemarie Call Senior Assistant City Attorney City Clerk WITNESS as to Lessee: INTERCULTURAL ADVOCACY INSTITUTE, INC. _________________________ By:_______________________ Witness’s Signature Amanda Markiewicz Chief Executive Officer _________________________ Print Witness Name _________________________ Witness’s Signature _________________________ Print Witness Name EXHIBIT "A" LEGAL DESCRIPTION: The Leased Premises is described as that certain portion of the bullding located at 1498 South Martin Luther King Jr. Avenue, a depiction ofwhicl' 1s attached hereto, containing 3,354 square feet, more or less of interior floor area measured to the unfinished surfaces of its penmeter w11lls all together being a portion of· Lot 2, FOUNDATION OAKS, acoording to the Ptat thereof as recorded in Plat Book 118, Page 85. Public Records of Pinelias County. Florida, and the south 100 feet of the eas1100 feet of the following described tract of land· From the southeast comer of the NW¼ of the SW¼ of Section 22. Township 29 South, Range 15 East. P,nelias County. Florida; run thence N.00°22'56' west. along the east boundary thereof 30.00 feet: thence north 89°11'46" west, 30.00 feet to the pomt of beginrung, also being the norlh right-of-way line of Woodlawn Street and the west right-of-way hne of South Martin Luther King Jr. Avenue: thence continue north 89° 11'46" west 208.71 feet along said north right-of-way line of Woodlawn Street; thence north 00°22'56" west. 208. 71 feet: thence south 89° 11'46" east. 208.71 feet to the west right-of-way line of said South Martin Luther King Jr. Avenue, thence $0Uth 00"22'56" east. 208. 71 feet along said west right-of..w�y line to the point of beginning. --.---·- Ii t-C.-!!lf = = I c.• ;,1. ' :c:'-;;·�� 's;:;�-.;,, ' J l :,� .(' � ,,... ,.J L, ,ii =-�-,� .. _;--:f l. -�1, •II ·1.:i ., c: ] .., 1 ' -:� ... ,..= .. .::. :t �-,·1=· (!=. ::� " �,, � P'.._4,_Y�,l Ci ' -i.:'o' ;.Q<i¼f, �z: .. ·�!� �,.� ... -Mif"! ,:� . � ._L·•� ... I l •� r TI TT 'T 1-:1 11 l ::dlr , .I ... " Exhibit "C" WOODLAWN ST S MARTIN LUTHER KING, JR. AVEEWING AVE 01483 1487 1495 1499 1481 1485 1489 1491 11011500 1503 1484 10081504 1498 901²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com JB N.T.S.314A 22-29s-15eMap Gen By:Reviewed By: RK S-T-R:Grid #:Date: 07/15/2025 Scale: Proposed Lease LocationInterCultural Advocacy Institute (HOC) 1498 S Martin Luther King Jr Ave Document Path: C:\Users\James.Benwell\City of Clearwater\Engineering Geographic Technology - GIS\Engineering\Location Maps\1498MLKSurplusAerial.mxd AERIAL MAP Proposed HOC Location Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#25-0818 Agenda Date: 9/4/2025 Status: Public HearingVersion: 1 File Type: Action ItemIn Control: Public Utilities Agenda Number: 6.12 SUBJECT/RECOMMENDATION: Increase domestic water, lawn water, wastewater collection, and reclaimed water rates annually by 8.00% effective October 1, 2025 - October 1, 2029 and pass Ordinance 9841-25 on first reading. SUMMARY: This utility rate increase is needed to provide adequate funding to operate our water and wastewater systems and maintain compliance with debt service coverage requirements. Additionally, these rate increases will support continuation of the capital improvement projects needed to sustain the City's utility infrastructure. Public Utilities regularly evaluates the sufficiency of the revenues provided by the City’s water, sewer, and reclaimed water rates to meet both the current and future requirements of the Utility. In June of 2025, Stantec Consulting Services Inc. completed a Water and Sewer Revenue Sufficiency Analysis to cover five years of operations. The Consultant is recommending a rate increase to provide adequate revenue to fund utility cost requirements while recognizing the effects of demand growth, increased purchased water costs, increased cost of operations, and renewal and replacement requirements. The study covers the period FY2025 through FY2029 and recommends 8.00% increase annually for the entire period to be effective 10/1/25, 10/1/26, 10/1/27, 10/1/28 and 10/1/29. The increases are applicable to domestic water, lawn water, wastewater collection, and reclaimed water. STRATEGIC PRIORITY: In furtherance of the Council’s Strategic Plan to achieve High Performing Government - 1.2 properly maintaining City infrastructure. Page 1 City of Clearwater Printed on 9/2/2025 ORDINANCE NO. 9841-25 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; AMENDING SECTION 3(a)1. DOMESTIC WATER RATES; AMENDING SECTION 3(a)2. LAWN WATER METERS; AMENDING SECTION 3(b)1. WASTEWATER COLLECTION RATES; AMENDING SECTION 3(f) RECLAIMED WATER RATES; AMENDING SECTIONS (3)(a)7. AND (3)(b)6. TO REMOVE REFERENCES TO THE PUBLIC SERVICE COMMISSION’S RATE INDEX; 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 water, wastewater collection, and reclaimed water systems; WHEREAS, in July 2025, Stantec Consulting Services, Inc. completed a Water and Sewer Rate Study Analysis (“Study”), which evaluated the sufficiency of the revenues provided by existing water, wastewater collection, and reclaimed water rates; WHEREAS, the Study recommends increases to domestic water rates, lawn water rates, wastewater collection rates, and reclaimed water rates. WHEREAS, the Study noted that while the previously adopted 3% annual increase was sufficient for past fiscal years, recent increases in capital costs, borrowing levels, and operating costs necessitate an increase in these rates; WHEREAS, the Public Utilities Department conducted an internal review of the Study and recommends increases to these rates in order to sustainably fund the currently identified infrastructure needs and to maintain safe and reliable drinking water, reclaimed water, and wastewater services for the City’s customers; WHEREAS, after a properly noticed public hearing, the City Council determines that the adoption of this Ordinance is in the best interest of the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: SECTION 1: Appendix A, Article XXIV, Section (3)(a)1. of the City of Clearwater Code of Ordinances, is amended with the current table therein being deleted and replaced with a new one as described below. The following underlined language shall be added and the strikethrough language shall be deleted as follows: (3) Rates: (a) Water rates. Water rates for all water furnished by the city shall be as follows: 1. Domestic water rates shall be a monthly fee as provided in the table below based on the meter size and volume allowance, with an additional charge per 1,000 gallons of water consumed over the allowance per the table below. Such rates will take effect for bills issued on or after the dates shown in the following table, and shall remain in effect thereafter unless amended: Meter Size October 1, 2022 October 1, 2023 October 1, 2024 October 1, 2025 October 1, 2026 Under 1-inch: Base service charge with allowance up to 3,000 gallons $25.80 $26.58 $27.39 $28.20 $29.04 Plus, from 3,001 to 9,000 gallons, per 1,000 gallons 10.46 10.78 11.10 11.44 11.78 Plus, from 9,001 gallons up, per 1,000 gallons 13.18 13.58 13.99 14.41 14.84 1-inch: Base service charge with allowance up to 7,000 gallons $60.20 $62.02 $63.91 $65.80 $67.76 Plus, from 7,001 to 40,000 gallons, per 1,000 gallons 10.46 10.78 11.10 11.44 11.78 Plus, from 40,001 gallons up, per 1,000 gallons 13.18 13.58 13.99 14.41 14.84 1½-inch: Base service charge with allowance up to 100,000 gallons $860.00 $886.00 $913.00 $940.00 $968.00 Plus, from 100,001 to 140,000 gallons, per 1,000 gallons 10.46 10.78 11.10 11.44 11.78 Plus, from 140,001 gallons, per 1,000 gallons 13.18 13.58 13.99 14.41 14.84 2-inch: Base service charge with allowance up to 233,000 gallons $2,003.80 $2,064.38 $2,127.29 $2,190.20 $2,255.44 Plus, from 233,001 to 343,000 gallons, per 1,000 gallons 10.46 10.78 11.10 11.44 11.78 Plus, from 343,001 gallons, per 1,000 gallons 13.18 13.58 13.99 14.41 14.84 3-inch or 2-inch in manifold: Base service charge with allowance up to 359,000 gallons $3,087.40 $3,180.74 $3,277.67 $3,374.60 $3,475.12 Plus, from 359,001 to 474,000 gallons, per 1,000 gallons 10.46 10.78 11.10 11.44 11.78 Plus, from 474,001 gallons, per 1,000 gallons 13.18 13.58 13.99 14.41 14.84 4-inch: Base service charge with allowance up to 691,000 gallons $5,942.60 $6,122.26 $6,308.83 $6,495.40 $6,688.88 Plus, from 691,001 to 979,000 gallons, per 1,000 gallons 10.46 10.78 11.10 11.44 11.78 Plus, from 979,001 gallons, per 1,000 gallons 13.18 13.58 13.99 14.41 14.84 6-inch: Base service charge with allowance up to 1,775,000 gallons $15,265.00 $15,726.50 $16,205.75 $16,685.00 $17,182.00 Plus, from 1,775,001 to 2,025,000 gallons, per 1,000 gallons 10.46 10.78 11.10 11.44 11.78 Plus, from 2,025,001 gallons, per 1,000 gallons 13.18 13.58 13.99 14.41 14.84 8-inch: Base service charge with allowance up to 3,000,000 gallons $25,800.00 $26,580.00 $27,390.00 $28,200.00 $29,040.00 Plus, from 3,000,001 to 3,413,000 gallons, per 1,000 gallons 10.46 10.78 11.10 11.44 11.78 Plus, from 3,413,001 gallons, per 1,000 gallons 13.18 13.58 13.99 14.41 14.84 Meter Size October 1, 2025 October 1, 2026 October 1, 2027 October 1, 2028 October 1, 2029 Under 1-inch: Base service charge with allowance up to 3,000 gallons $29.58 $31.95 $34.50 $37.26 $40.23 Plus, from 3,001 to 9,000 gallons, per 1,000 gallons $11.99 $12.95 $13.99 $15.11 $16.32 Plus, from 9,001 gallons up, per 1,000 gallons $15.11 $16.32 $17.63 $19.04 $20.56 1-inch: Base service charge with allowance up to 7,000 gallons $69.02 $74.55 $80.50 $86.94 $93.97 Plus, from 7,001 to 40,000 gallons, per 1,000 gallons $11.99 $12.95 $13.99 $15.11 $16.32 Plus, from 40,001 gallons up, per 1,000 gallons $15.11 $16.32 $17.63 $19.04 $20.56 1½-inch: Base service charge with allowance up to 100,000 gallons $986.00 $1,065.00 $1,150.00 $1,242.00 $1,341.00 Plus, from 100,001 to 140,000 gallons, per 1,000 gallons $11.99 $12.95 $13.99 $15.11 $16.32 Plus, from 140,001 gallons, per 1,000 gallons $15.11 $16.32 $17.63 $19.04 $20.56 2-inch: Base service charge with allowance up to 233,000 gallons $2,297.38 $2,481.45 $2,679.50 $2,893.86 $3,124.53 Plus, from 233,001 to 343,000 gallons, per 1,000 gallons $11.99 $12.95 $13.99 $15.11 $16.32 Plus, from 343,001 gallons, per 1,000 gallons $15.11 $16.32 $17.63 $19.04 $20.56 3-inch or 2-inch in manifold: Base service charge with allowance up to 359,000 gallons $3,539.74 $3,823.35 $4,128.50 $4,458.78 $4,814.19 Plus, from 359,001 to 474,000 gallons, per 1,000 gallons $11.99 $12.95 $13.99 $15.11 $16.32 Plus, from 474,001 gallons, per 1,000 gallons $15.11 $16.32 $17.63 $19.04 $20.56 4-inch: Base service charge with allowance up to 691,000 gallons $6,813.26 $7,359.15 $7,946.50 $8,582.22 $9,266.31 Plus, from 691,001 to 979,000 gallons, per 1,000 gallons $11.99 $12.95 $13.99 $15.11 $16.32 Plus, from 979,001 gallons, per 1,000 gallons $15.11 $16.32 $17.63 $19.04 $20.56 6-inch: Base service charge with allowance up to 1,775,000 gallons $17,501.50 $18,903.75 $20,412.50 $22,045.50 $23,802.75 Plus, from 1,775,001 to 2,025,000 gallons, per 1,000 gallons $11.99 $12.95 $13.99 $15.11 $16.32 Plus, from 2,025,001 gallons, per 1,000 gallons $15.11 $16.32 $17.63 $19.04 $20.56 8-inch: Base service charge with allowance up to 3,000,000 gallons $29,580.00 $31,950.00 $34,500.00 $37,260.00 $40,230.00 Plus, from 3,000,001 to 3,413,000 gallons, per 1,000 gallons $11.99 $12.95 $13.99 $15.11 $16.32 Plus, from 3,413,001 gallons, per 1,000 gallons $15.11 $16.32 $17.63 $19.04 $20.56 SECTION 2: Appendix A, Article XXIV, Section (3)(a)2. of the City of Clearwater Code of Ordinances, is amended with the current table therein being deleted and replaced with a new one as described below. The following underlined language shall be added and the strikethrough language shall be deleted as follows: 2. Lawn water meters. Lawn water rates shall be as follows and will take effect for bills issued on or after the dates specified: Meter Size October 1, 2022 October 1, 2023 October 1, 2024 October 1, 2025 October 1, 2026 Under 1-inch: Base service, with no usage allowance $9.21 $9.48 $9.77 $10.06 $10.36 Plus, up to 2,000 gallons, per 1,000 gallons 11.21 11.54 11.89 12.25 12.61 Plus, from 2,001 gallons, per 1,000 gallons 15.44 15.90 16.38 16.87 17.38 1-inch: Base service charge, with no usage allowance $27.62 $28.45 $29.31 $30.19 $31.09 Plus, up to 7,000 gallons, per 1,000 gallons 11.21 11.54 11.89 12.25 12.61 Plus, from 7,001 gallons, per 1,000 gallons 15.44 15.90 16.38 16.87 17.38 1½-inch: Base service charge, with no usage allowance $138.23 $142.37 $146.64 $151.04 $155.57 Plus, up to 9,000 gallons, per 1,000 gallons 11.21 11.54 11.89 12.25 12.61 Plus, from 9,001 gallons, per 1,000 gallons 15.44 15.90 16.38 16.87 17.38 2-inch: Base service charge, with no usage allowance $387.05 $398.67 $410.62 $422.94 $435.63 Plus, up to 40,000 gallons, per 1,000 gallons 11.21 11.54 11.89 12.25 12.61 Plus, from 40,001 gallons, per 1,000 gallons 15.44 15.90 16.38 16.87 17.38 3-inch or two 2-inch in manifold: Base service charge, with no usage allowance $764.86 $787.80 $811.44 $835.78 $860.85 Plus, up to 100,000 gallons, per 1,000 gallons 11.21 11.54 11.89 12.25 12.61 Plus, from 100,001 gallons, per 1,000 gallons 15.44 15.90 16.38 16.87 17.38 4-inch: Base service charge, with no usage allowance $1,474.45 $1,518.68 $1,564.24 $1,611.17 $1,659.50 Plus, up to 233,000 gallons, per 1,000 gallons 11.21 11.54 11.89 12.25 12.61 Plus, from 233,001 gallons, per 1,000 gallons 15.44 15.90 16.38 16.87 17.38 6-inch: Base service charge, with no usage allowance $4,450.98 $4,584.51 $4,722.04 $4,863.71 $5,009.62 Plus, up to 359,000 gallons, per 1,000 gallons 11.21 11.54 11.89 12.25 12.61 Plus, from 359,001 gallons, per 1,000 gallons 15.44 15.90 16.38 16.87 17.38 Meter Size October 1, 2025 October 1, 2026 October 1, 2027 October 1, 2028 October 1, 2029 Under 1-inch: Base service, with no usage allowance $10.55 $11.39 $12.30 $13.28 $14.34 Plus, up to 2,000 gallons, per 1,000 gallons $12.84 $13.87 $14.98 $16.18 $17.47 Plus, from 2,001 gallons, per 1,000 gallons $17.69 $19.11 $20.64 $22.29 $24.07 1-inch: Base service charge, with no usage allowance $31.65 $34.18 $36.91 $39.86 $43.05 Plus, up to 7,000 gallons, per 1,000 gallons $12.84 $13.87 $14.98 $16.18 $17.47 Plus, from 7,001 gallons, per 1,000 gallons $17.69 $19.11 $20.64 $22.29 $24.07 1½-inch: Base service charge, with no usage allowance $158.37 $171.04 $184.72 $199.50 $215.46 Plus, up to 9,000 gallons, per 1,000 gallons $12.84 $13.87 $14.98 $16.18 $17.47 Plus, from 9,001 gallons, per 1,000 gallons $17.69 $19.11 $20.64 $22.29 $24.07 2-inch: Base service charge, with no usage allowance $443.47 $478.95 $517.27 $558.65 $603.34 Plus, up to 40,000 gallons, per 1,000 gallons $12.84 $13.87 $14.98 $16.18 $17.47 Plus, from 40,001 gallons, per 1,000 gallons $17.69 $19.11 $20.64 $22.29 $24.07 3-inch or two 2-inch in manifold: Base service charge, with no usage allowance $876.36 $946.47 $1022.19 $1103.97 $1192.29 Plus, up to 100,000 gallons, per 1,000 gallons $12.84 $13.87 $14.98 $16.18 $17.47 Plus, from 100,001 gallons, per 1,000 gallons $17.69 $19.11 $20.64 $22.29 $24.07 4-inch: Base service charge, with no usage allowance $1689.38 $1824.53 $1970.49 $2128.13 $2298.38 Plus, up to 233,000 gallons, per 1,000 gallons $12.84 $13.87 $14.98 $16.18 $17.47 Plus, from 233,001 gallons, per 1,000 gallons $17.69 $19.11 $20.64 $22.29 $24.07 6-inch: Base service charge, with no usage allowance $5099.80 $5507.78 $5948.40 $6424.27 $6938.21 Plus, up to 359,000 gallons, per 1,000 gallons $12.84 $13.87 $14.98 $16.18 $17.47 Plus, from 359,001 gallons, per 1,000 gallons $17.69 $19.11 $20.64 $22.29 $24.07 SECTION 3: Appendix A, Article XXIV, Section (3)(b)1. of the City of Clearwater Code of Ordinances, is amended with the current table therein being deleted and replaced with a new one as described below. The following underlined language shall be added and the strikethrough language shall be deleted as follows: (b) Wastewater collection utility rates. 1. There is hereby established a uniform schedule of rates and charges for the availability of use of the wastewater collection system. The wastewater collection utility rate shall be a monthly fee, as provided in the table below, based on the meter size and volume allowance of domestic water, with an additional charge per 1,000 gallons of water consumed over the allowance per the table below. Such rates shall take effect for bills issued on or after the dates as shown in the following table, and shall remain in effect thereafter unless amended: Base Monthly Charge With or Without Consumption Size of Meter October 1, 2022 October 1, 2023 October 1, 2024 October 1, 2025 October 1, 2026 Allowance (gallons) Under 1-inch $35.55 $36.60 $37.71 $38.85 $39.99 3,000 orless 1-inch 82.95 85.40 87.99 90.65 93.31 7,000 orless 1½-inch 1,185.00 1,220.00 1,257.00 1,295.00 1,333.00 100,000 or less 2-inch 2,761.05 2,842.60 2,928.81 3,017.35 3,105.89 233,000 orless 3-inch or two 2-inch manifold 4,254.15 4,379.80 4,512.63 4,649.05 4,785.47 359,000 orless 4-inch 8,188.35 8,430.20 8,685.87 8,948.45 9,211.03 691,000 orless 6-inch 21,033.75 21,655.00 22,311.75 22,986.25 23,660.75 1,775,000 orless 8-inch 35,550.00 36,600.00 37,710.00 38,850.00 39,990.00 3,000,000 orless Charge per 1,000 gallons of water used over the allowance 11.85 12.20 12.57 12.95 13.33 Base Monthly Charge With or Without Consumption Size of Meter October 1, 2025 October 1, 2026 October 1, 2027 October 1, 2028 October 1, 2029 Allowance (gallons) Under 1- inch $34.73 $37.51 $40.51 $43.75 $47.25 3,000 or less 1-inch $95.03 $102.63 $110.84 $119.71 $129.29 7,000 or less 1½-inch $1,357.56 $1,466.16 $1,583.45 $1,710.13 $1,846.94 100,000 or less 2-inch $3,163.11 $3,416.16 $3,689.45 $3,984.61 $4,303.38 233,000 or less 3-inch or two 2-inch manifold $4,873.64 $5,263.53 $5,684.61 $6,139.38 $6,630.53 359,000 or less 4-inch $9,380.74 $10,131.20 $10,941.70 $11,817.04 $12,762.40 691,000 or less 6-inch $24,096.69 $26,024.43 $28,106.38 $30,354.89 $32,783.28 1,775,000 or less 8-inch $40,726.80 $43,984.94 $47,503.74 $51,304.04 $55,408.36 3,000,000 or less Charge per 1,000 gallons of water used over the allowance $13.58 $14.67 $15.84 $17.11 $18.48 SECTION 4: Appendix A, Article XXIV, Section 3(f) of the City of Clearwater Code of Ordinances, is amended with the current table therein being deleted and replaced with a new one as described below. The following underlined language shall be added and the strikethrough language shall be deleted as follows: (f) Reclaimed water rates. There is hereby established a uniform schedule of rates and charges for the use or availability of use of the reclaimed water system. The reclaimed water rate shall be a monthly fee consisting of an availability charge as the basic allowance in the following table, plus a charge per 1,000 gallons of reclaimed water consumed as indicated. Such rates shall take effect for bills issued on or after dates as shown in the following table, and shall remain in effect thereafter unless amended: October 1, 2022 October 1, 2023 October 1, 2024 October 1, 2025 October 1, 2026 Single-family, duplex or triplex (per domestic water account), commercial/industrial or multi-family dwelling and open space Availability charge $17.71 $18.24 $18.78 $19.35 $19.93 Usage—Metered per 1,000 gallons used 1.47 1.52 1.56 1.61 1.66 October 1, 2025 October 1, 2026 October 1, 2027 October 1, 2028 October 1, 2029 Single-family, duplex or triplex (per domestic water account), commercial/industrial or multi-family dwelling and open space Availability charge $20.28 $21.90 $23.65 $25.54 $27.58 Usage—Metered per 1,000 gallons used $1.68 $1.81 $1.95 $2.11 $2.28 SECTION 5: Appendix A, Article XXIV, Sections (3)(a)7. and (3)(b)6. of the City of Clearwater Code of Ordinances, are amended with the following underlined language to be added and the strikethrough language to be deleted as follows: (3) Rates: (a) Water rates. … 7. Annual indexing adjustment of water rates and lawn water rates. Water and lawn water rates may be adjusted annually in accordance with the tables herein. on October 1 based on the Price Index for Water and Wastewater Utilities established each year by the Florida Public Service Commission (FPSC). The maximum rate adjustment based on the Price Index for Water and Wastewater Utilities is 3.5 percent. Such rate adjustment Any other rate adjustment shall be recommended by the city manager for approval by the city council by ordinance. … (b) Wastewater collection utility rates. … 6. Annual indexing adjustment of wastewater collection utility rates. Wastewater collection utility rates may be adjusted annually in accordance with the tables herein. on October 1 based on the Price Index for Water and Wastewater Utilities established each year by the Florida Public Service Commission (FPSC). The maximum rate adjustment based on the Price Index for Water and Wastewater Utilities is 3.5 percent. Such rate adjustment Any other rate adjustment shall be recommended by the city manager for approval by the city council by ordinance. SECTION 6: 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 7: This Ordinance shall become effective immediately after the adoption by City Council. PASSED ON FIRST READING ____________________ PASSED ON SECOND AND FINAL ____________________ READING AND ADOPTED __________________________ Bruce Rector, Mayor Approved as to form: Attest: _______________________ __________________________ Jerrod Simpson Rosemarie Call Senior Assistant City Attorney City Clerk Clearwater Water & Sewer FY 2025 RSA Update September 4, 2025 FY 2022 RSA FY 2023 RSA FY 2024 RSA Established 3.0% annual rate increases thru FY 27 Confirmed adequacy of 3.0% increases thru FY 27, but showed increases in capital costs and borrowing levels Historical Studies & Rate Adjustments Confirmed adequacy of 3.0% for FY 25 BUT noted large increases in capital costs and borrowing levels O&M (Excluding Debt Service “DS”) $0.0 $20.0 $40.0 $60.0 $80.0 $100.0 $120.0 FY 25 FY 26 FY 27 FY 28 FY 29 FY 30 FY 31 FY 32 FY 33Millions2025 RSA 2022 RSA Since 2022 RSA, increases to purchased water costs, chemicals, electricity, insurance, salaries and benefits, contractual services and administrative charges have brought FY 25 operating costs higher. 2025 RSA average annual inflation in O&M ~ 4.5% Increase In Capital Needs 5 Top 15 Projects in Total CIP 6 Water Reclamation Facilities (WRF) Consolidation Low Medium High Total Project Cost Estimates*$307.4M $614.8M $1,229.6M 5-Yr Annual Spending Needs**$61.5M $123M $246M *Project cost estimates provided by Black & Veatch (B&V). **B&V also estimated completion of consolidation by 2030 and highlighted that SB 64 deadline is FY 2032. 7 Historical & Projected CIP Spending By Fiscal Year $14.57 $15.05 $34.81 $34.80 $42.11 $61.63 $96.63 $165.74 $194.82 $187.17 $211.75 $0.0 $50.0 $100.0 $150.0 $200.0 $250.0 FY20 FY21 FY22 FY23 FY24 FY 25 FY 26 FY 27 FY 28 FY 29 FY 30Millions * Includes SB 64 Effluent Disposal Program Completion. WRF Consolidation Estimated Completion of FY 30* 8 Historical & Recommended Rate Adjustments FY 212 FY 222 FY 23 FY 24 FY 25 FY 26 FY 27 FY 28 FY 29 FY 30 Water & Sewer 3 4.0%4.0%3.0%3.0%3.0%8.0%8.0%8.0%8.0%8.0% Monthly Impact $5.21 $5.62 $6.08 $6.56 $7.08 1 FY 2022 RSA identified the current five-year rate plan of 3.0% in FY 2023 thru FY 2027. 2 Identified by FY 2017 RSA and approved by Council thru FY 2022. 3 Applicable to water, sewer, irrigation and reclaimed water rates.. Adjustments previously approved by Council and in effect 1 9 Residential Monthly Bill Comparison @ 3,000 gallons Clearwater projected to remain below average of surrounding communities. *Reflects public information as available as well as projection of continuation of FY 25 rate plan thru FY 28 for entities for which future guidance was not provided or identified. $38.51 $53.28 $53.97 $55.31 $55.45 $59.55 $59.78 $59.86 $60.85 $67.87 $69.90 $76.25 $80.50 Tampa Largo Pinellas Park Pasco County Dunedin Clearwater Pinellas County Hillsborough County Average Tarpon Springs Gulfport St. Petersburg Safety Harbor FY 22 $49.97 $60.19 $60.72 $65.10 $65.14 $65.62 $66.04 $69.12 $70.50 $77.40 $80.50 $81.54 $86.76 Tampa Pasco County Pinellas Park Clearwater Largo Pinellas County Dunedin Average Hillsborough County Tarpon Springs Safety Harbor Gulfport St. Petersburg FY 25 $64.71 $66.83 $67.95 $73.14 $74.35 $80.50 $82.01 $82.93 $89.96 $91.03 $96.83 $101.29 $106.52 Tampa Pinellas Park Pasco County Pinellas County Largo Safety Harbor Clearwater Average Dunedin Hillsborough… Tarpon Springs Gulfport St. Petersburg FY 28 10 Adopt the updated 5-year rate plan to sustainably fund your identified infrastructure needs to maintain safe and reliable service. Continue to perform regular RSA updates to account for material changes in data and assumptions and adjust rate plans (up or down) as may be appropriate. Monthly Impact By Fiscal Year Current FY 26 FY 27 FY 28 FY 29 FY 30 Water & Sewer (3,000 gallons per month) $65.10 $70.31 $75.93 $82.01 $88.57 $95.65 $ Change $5.21 $5.62 $6.08 $6.56 $7.08 % Change 8.00%8.00%8.00%8.00%8.00% Recommendations 11 Putting the Cost and Value of Water in Perspective 1,000 gallons of Clearwater Water = $9.13* Shampoo & Conditioner = $6.88 Mocha Frappuccino = $5.75 1 gallon of orange juice = $10.99 1 Sub = $9.95 Large pizza = $8.99 * Reflects effective cost of first 3,000 gallons of a typical residential customer’s monthly bill. Questions? Leticia Doohaluk Senior Manager Leticia.Doohaluk@stantec.com Logan Standard Data Analyst Logan.Standard@stantec.com City of Clearwater, FL FY 2025 Water, Sewer, Irrigation and Reclaimed Water Revenue Sufficiency Analysis- Final Report August 22, 2025 August 22, 2025 Mr. Jay Ravins Finance Director City of Clearwater 100 S. Myrtle Avenue Clearwater, FL 33756 Re: Water, Sewer, Irrigation and Reclaimed Water Revenue Sufficiency Analysis Final Report Dear Mr. Ravins, Stantec Consulting Services Inc. is pleased to present this Final Report of the FY 2025 Water, Sewer, Irrigation and Reclaimed Water Revenue Sufficiency Analysis (Study) that we completed for the City of Clearwater, Florida (City) and its Water and Sewer Department. We appreciate the fine assistance provided by you and each of 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 email me 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 Blvd., Suite 600 Tampa, Florida 33602 (813) 269-6010 leticia.doohaluk@stantec.com Enclosure City of Clearwater | FY 2025 Water, Sewer, Irrigation and Reclaimed Water Revenue Sufficiency Analysis Stantec | 1 TABLE OF CONTENTS Introduction ........................................................................................................... 2 Background ................................................................................................................................. 2 Objectives ................................................................................................................................... 2 Revenue Sufficiency Analysis ............................................................................. 4 Source Data & Assumptions ....................................................................................................... 4 2.1.1 Beginning Fund Balances .................................................................................................... 4 2.1.2 Revenues ............................................................................................................................. 4 2.1.3 Operating Expenditure ......................................................................................................... 4 2.1.4 Payment in Lieu of Taxes (PILOT) ...................................................................................... 5 2.1.5 Renewal & Replacement (R&R) Contributions .................................................................... 5 2.1.6 Capital Improvement Program (CIP) ................................................................................... 5 2.1.7 Cost Escalation .................................................................................................................... 6 2.1.8 Interest Earnings (Interest Income) ..................................................................................... 6 2.1.9 Price Elasticity...................................................................................................................... 6 2.1.10 Total Demand and Purchased Water Expenses ............................................................... 7 2.1.11 Customer Growth & Volume Forecast ............................................................................... 7 2.1.12 Minimum Operating Reserve Policy .................................................................................. 8 2.1.13 Future Borrowing & Capital Funding .................................................................................. 9 2.1.14 Debt Service and Coverage ............................................................................................... 9 Conclusions and Recomendations ........................................................................................... 10 Water & Sewer Rate Survey ............................................................................... 14 Appendix: Supporting Financial Schedules ............................................................. 16 1. Introduction City of Clearwater | FY 2025 Water, Sewer, Irrigation and Reclaimed Water Revenue Sufficiency Analysis Stantec | 2 INTRODUCTION Stantec Consulting (Stantec) has conducted the Fiscal Year (FY) 2025 Water, Sewer, Irrigation and Reclaimed Water Revenue Sufficiency Analysis (RSA) for the City of Clearwater’s Water and Sewer 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 of Clearwater (City) regularly retains Stantec to evaluate the sufficiency of the revenues provided by the City’s water, sewer, irrigation and reclaimed water rates, to meet both the current and projected cost requirements of the Utility. Stantec has been working with the City of Clearwater since 2003, and, most recently, completed Revenue Sufficiency Analyses (RSAs) in FY 20231 and FY 20242. Historically, City Council has approved a 5-year plan of annual rate adjustments for its Water and Sewer Utility. The FY 2022 RSA identified the current 5-year plan (FY 2023 through FY 2027) of 3.00% annual rate adjustments starting on October 1, 2022. This 5-year plan was adopted by Council in August 2022. Since the COVID pandemic, the Utility has not been immune to the inflationary pressures present throughout the Country. Moreover, Pinellas County, the City of Clearwater’s wholesale water provider, has continued to increase its wholesale rates driving up the City’s operating costs. Furthermore, conservation awareness has caused many of the Utility’s customers to reduce the quantity of water they are using while aging infrastructure, resiliency needs as well as regulatory requirements continue to drive the Utility’s capital improvement plan higher. As such, the City has again retained Stantec to evaluate the adequacy of the revenues provided by its current Utility rates to meet its financial requirements over a ten-year projection period. OBJECTIVES The principal objectives of this Study were as follows: Revenue Sufficiency Analysis – To evaluate the sufficiency of current water, sewer, irrigation and reclaimed water rate revenues to satisfy the Utility’s projected operating cost requirements through FY 2035, including 1) operating expenses, 2) capital improvement program (CIP) costs, 3) adequate operating reserves, 4) sufficient debt service coverage levels; and, to develop a plan of future rate revenue adjustments that will satisfy these projected requirements during each year of the projection. 1 Final Report dated June 2, 2023 2 Final Report dated September 5, 2024 1. Introduction City of Clearwater | FY 2025 Water, Sewer, Irrigation and Reclaimed Water Revenue Sufficiency Analysis Stantec | 3 Conduct a Residential Water & Sewer Fee Survey – To compare the City’s typical monthly water and sewer bill for a typical single-family residential customer to those of other single-family customers in the City’s surrounding geographic area. 2. Revenue Sufficiency Analysis City of Clearwater | FY 2025 Water, Sewer, Irrigation and Reclaimed Water Revenue Sufficiency Analysis Stantec | 4 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 for the financial management plan. SOURCE DATA & ASSUMPTIONS The following presents the key source data and assumptions relied upon in conducting the RSA. 2.1.1 Beginning Fund Balances The FY 2024 trial balance schedules provided by City staff were used to establish FY 2025 beginning balances, as of October 1, 2024. 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 Revenues consist of rate revenue, other operating revenues (such as service taps, pre-treatment charges, late payments and other miscellaneous charges) impact fees and interest income. Rate revenues for each type of service (Water, Sewer, Irrigation and Reclaimed Water) are based upon FY 2024 actual results, adjusted for projected growth in FY 2025 and the 3.0% rate increase that went in effect October 1, 2024 (FY 2025). Beyond FY 2025, rate revenues are adjusted annually based upon assumed annual changes in accounts, changes in billed volumes, as well as recommended annual rate increases shown in the results section of this report. The FY 2025 Budget serves as the basis for all other revenues, except for interest income (which is calculated annually based upon projected average annual fund balances and assumed interest rates and is discussed in more detail in Section 2.1.8 of this report) and revenues from impact fees (which are calculated based upon assumed new accounts and the impact fees identified in City Ordinance). All details of projected revenues to the Utility are presented in Schedule 3 of the Appendix. 2.1.3 Operating Expenditure The Utility’s operating expenditure includes all personnel services costs, operations and maintenance (O&M) expenses, transfers (including payment in lieu of taxes and contributions to renewal and replacement), debt service requirements and minor capital outlay. The RSA based operating expenditure projections on the individual expense categories and expense amounts contained in the FY 2025 Budget. 2. Revenue Sufficiency Analysis City of Clearwater | FY 2025 Water, Sewer, Irrigation and Reclaimed Water Revenue Sufficiency Analysis Stantec | 5 Starting in FY 2026, each expense line item is annually adjusted based upon assumed cost escalation factors discussed in Section 2.1.7 of this report, which were validated with City staff. Furthermore, based on the evaluation of historical O&M budget execution and discussion with City staff, the analysis includes an assumption of 96% execution to personnel services expenses and of 98% execution to O&M expenses. Existing annual debt service expenses reflect schedules for each outstanding issuance of the Utility. Projected (model calculated) annual debt service costs are presented in Schedules 4 and 11 of the Appendix. The complete list of all future O&M costs is presented in Schedule 4 of the Appendix. 2.1.4 Payment in Lieu of Taxes (PILOT) The FY 2025 payment in lieu of taxes (PILOT) reflect the FY 2025 Budget amount as provided by City staff. Starting in FY 2026, the annual calculation of the PILOT to be transferred to the City’s General Fund is based upon 5.50% of the prior year’s audited total operating revenues in each year of the projection period. The total annual PILOT payments, allocated by department, are listed in Schedule 4 of the Appendix. 2.1.5 Renewal & Replacement (R&R) Contributions The Utility’s bond covenant requires annual transfers of 5.0% of the prior year’s operating revenues into a Renewal & Replacement Fund. Based on discussion with City staff, this RSA includes an additional R&R transfer to comply with updated rating agency criteria for funding capital projects with cash, rather than additional borrowing. This additional R&R transfer began in FY 2019 in the amount of $4,000,000 and increases by $1,000,000 in each year of the projection period, such that by FY 2026, the additional R&R transfer will equal $10,000,000 and will stay at the $10,000,000 amount through FY 2034. Once transferred into the R&R fund, these deposits become a source of capital restricted to the funding for renewal and replacement of the Utility’s infrastructure. Given the size of renewal & replacement projects included in the Utility’s CIP, these deposits are projected to be used in full in each fiscal year. Further details are provided in both Schedule 4 and Schedule 10 of the Appendix. 2.1.6 Capital Improvement Program (CIP) The Capital Improvement Program (CIP) was provided by City staff through FY 2035. It is also important to note that starting in FY 2026, the RSA includes an annual cost inflation factor of 3.0% based on the Engineering News Record’s Construction Cost Index 10-year average annual increase. The CIP is provided by City staff and reflects staff’s best estimate of annual spending based on current existing appropriations and City priorities. The total CIP is from FY 2025 through FY 2035 is approximately $1.74 billion in future year dollars. It is important to note that City staff will regularly re- evaluate and re-prioritize its appropriated capital improvement projects as well as the funding of future projects. Furthermore, actual spending can be impacted by inflationary pressures, labor supply, project management and other items, which is to say that actual spending can vary significantly from projections 2. Revenue Sufficiency Analysis City of Clearwater | FY 2025 Water, Sewer, Irrigation and Reclaimed Water Revenue Sufficiency Analysis Stantec | 6 herein. A list of projected annual spending by projects and by fiscal year is presented in Schedule 6 of the Appendix. Notably, since the 2022 RSA, which identified the current plan of annual rate increases, the City has gone through a Master Plan process which identified new capital needs of the Utility. Moreover, the current CIP includes approximately $730M of projected spending associated with the Water Reclamation Facilities (WRF) Consolidation and Senate Bill 64 discharge elimination regulatory requirements. Per Council approval, the Utility is planning on consolidating its East and Marshall Street Plants’ flows into its Northeast Plant, thereby moving plant operations farther away from coastal lines, in an effort to reduce the risk of wastewater overflows or plant interferences driven by storms, which are a constant risk in the gulf coast region of Florida, where the City of Clearwater is located. Lastly, the WRF plant consolidation is expected to generate operational savings for the City through reduced energy and utility costs and from higher efficiencies stemming from utilizing newer technologies. As such, the projection includes average annual operating costs savings of approximately $3.1 million starting in FY 2032, as presented in Schedule 4 of the Appendix. 2.1.7 Cost Escalation Annual cost escalation factors for the various types of O&M expenses were discussed with City staff and applied in each year of the projection period beginning in FY 2026. In general, operating expenses are projected to track with overall inflation patterns, and most other cost line items are projected to increase at annual rates of between 2.50% and 7.00%. Notably, employee pension plan expenditures are calculated as a percentage of salaries and wages and in every year of the projection. The weighted average annual increase in O&M expenses for the 10-year projection period is 4.5%. The specific escalation factors assumed for each type of expense are presented on Schedule 5 of Appendix. 2.1.8 Interest Earnings (Interest Income) The interest rate assumptions on invested funds (including funds dedicated for CIP projects) were provided by City staff and reflect a rate of 2.25% in FY 2025 and throughout the remainder of the projection. Projected interest earnings are calculated annually based upon projected average annual fund balances and assumed interest rates provided by City staff. Interest Income is presented in Schedule 3 of the Appendix. 2.1.9 Price Elasticity A price elasticity adjustment is incorporated into the analysis to reflect the reverse relationship between rates adjustments and discretionary use. Typically, as rates increase, discretionary water usage by customers will likely decline. As such, to generate sufficient revenue, projected rate increases will have to be adjusted upward to reflect a smaller usage base to which they will be applied, thus causing the projected rate increases to be larger. The price elasticity adjustment reduces all usage revenues by the 2. Revenue Sufficiency Analysis City of Clearwater | FY 2025 Water, Sewer, Irrigation and Reclaimed Water Revenue Sufficiency Analysis Stantec | 7 product of the annual rate increase and the annual assumed price elasticity coefficient. In each year of the projection period, the price elasticity coefficient is 0.30, meaning for every 10% increase in rates, there is a resulting 3% reduction in consumption. 2.1.10 Total Demand and Purchased Water Expenses The total projected demand including projected water loss is based upon the billed demand projections described in Section 2.1.11 of this report and is estimated to be approximately 11.73 million gallons per day (MGD) in FY 2025. This demand is projected to be met by the City’s water production of 7.12 MGD and purchases from Pinellas County of 4.60 MGD. Annual total billed demands, annual water purchases, and annual water produced are presented in Schedule 1 of the Appendix. The City’s CIP as provided by staff and discussed in Section 2.1.6 of this report reflects certain CIP projects designed to significantly reduce the amount of water purchases from Pinellas County throughout the projection period, consistent with City plans. As such, projected purchase water demands from the County are reduced by approximately 0.5 MGD in FY 2026, 2.0 MGD in FY 2031 and an additional 1.0 MGD in FY 2032, representing a total reduction of 3.5 MGD by 2032. This reduction represents cost savings of approximately $5.56 million by 2032. Furthermore, with increased City water production, it is assumed that the City will incur additional energy and chemical costs, estimated at approximately $990,000 a year by FY 2032. As such, the total savings from lower County purchases are partially offset by the added cost of increased production. It is the goal of the City to provide as much of the City’s average daily flow demand locally but maintain reliance upon the County and Regional System for maintenance, peaking demands, and emergency supply. The annual amount of water purchased is multiplied by the projected wholesale water rate in each year for Pinellas County, to determine the purchased water expense in each year of the RSA. Projections of purchased water expenses and increased production costs are presented in Schedules 1 and 4 of the Appendix. Consistent with Pinellas County’s most recent rate study, available at the time this RSA was being conducted, 5.00% annual rate increases are approved through FY 2027 and are projected to be maintained in each year thereafter through FY 2035. 2.1.11 Customer Growth & Volume Forecast Account Growth The analysis specifically reviewed changes in the number of active accounts by month during the past ten years. Based upon this review and discussion with City staff, the RSA developed annual projections of active accounts for each service type over the next ten years. Schedule 1 of the Appendix includes detailed projections of active accounts for water, irrigation, sewer, and reclaimed water service. 2. Revenue Sufficiency Analysis City of Clearwater | FY 2025 Water, Sewer, Irrigation and Reclaimed Water Revenue Sufficiency Analysis Stantec | 8 Projection of Billed Demands The analysis of historical billed demands was based upon a review of the Utility’s monthly billing consumption by service and customer class for the past ten years. The results of this analysis concluded that in recent years, despite a minor increase in accounts, the Utility has experienced a decrease in demand per account, most likely due to a combination of increased efficiency in use, conservation efforts, and variable weather patterns seen across the industry. Schedule 1 of the Appendix includes detailed projections of annual billed demands by water, sewer, and reclaimed water system. Reclaimed Water Use As reclaimed water is made available to more customers and reclaimed water usage increases, the analysis assumes a reduction in the Utility’s potable irrigation customers and demands, as well as a corresponding reduction in the amount of wholesale water that must be purchased. Furthermore, the analysis includes a reduction in lawn irrigation revenues, as potable irrigation use is replaced by lower priced reclaimed water use. The net effect of these reclaimed water impacts causes projected rate increases to be larger. The customer and demand projections for lawn irrigation and reclaimed water service are presented in Schedule 1 of the Appendix and include the impact of the continued expansion/growth of the reclaimed water system. 2.1.12 Minimum Operating Reserve Policy The operating reserve is a balance maintained to meet short-term cash flow requirements as well as minimize the risk associated with meeting the financial obligations and continued operational and capital needs under adverse conditions. The level of reserves maintained by a utility is an important component and consideration of developing a utility system’s multi-year financial management plan. Many utilities, rating agencies, and the investment community places a 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 ensure that a utility 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 to the system that can occur because of natural disasters or unanticipated system failures. Moreover, reserves are an important financial indicator considered by rating agencies in establishing credit ratings for municipal utility systems, thereby impacting the terms and costs of future borrowing requirements. Rating agency guidance as to the level of operating reserve for utility systems tends to be consistent with the level recommended by AWWA and our industry experience. Based upon Stantec’s industry experience, effective utilities 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 target minimum operating reserve equal to 6 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 period of time. 2. Revenue Sufficiency Analysis City of Clearwater | FY 2025 Water, Sewer, Irrigation and Reclaimed Water Revenue Sufficiency Analysis Stantec | 9 In this case, the City is projected to reduce its existing reserves down to the six months operating reserve target over time and projected operating fund balances are maintained at the six months target level in every year of the projection as presented in Figure 2-1. Figure 2-1 Projected Annual Operating Reserves 2.1.13 Future Borrowing & Capital Funding For projected new long-term debt as identified within the RSA during the projection period, a 30-year term is assumed at an interest rate of 5.00% and 1.5% cost of issuance. The City’s actual future financing and funding decisions will reflect actual future conditions and broader City-wide financing objectives, but the projections in the RSA reflect realistic overall conditions for planning purposes. 2.1.14 Debt Service and Coverage The Utility must maintain annual net revenue (gross revenue minus operating & maintenance expenses) that is at least 1.15 times greater than the annual debt service requirement (i.e. the annual principal and interest payments) on its outstanding debt. This coverage requirement is a minimum bond covenant requirement. To the extent a utility is unable to meet this requirement, it could be found in technical default, which could result in reductions in credit ratings, which would affect the interest rate and terms of future financing initiatives. As a policy decision, well-managed utilities almost always measure revenue sufficiency and set rates based upon higher coverage levels, to ensure compliance with these covenants, in the event future projections of revenue and expenses do not occur as predicted. This practice tends to enhance a utility’s effectiveness over time as it tends to provide funds which can be available to implement programs and capital projects, without the issuance of additional debt. The utility is projected to exceed its targeted coverage requirement of 1.50x in each year of the projection period. 2. Revenue Sufficiency Analysis City of Clearwater | FY 2025 Water, Sewer, Irrigation and Reclaimed Water Revenue Sufficiency Analysis Stantec | 10 CONCLUSIONS AND RECOMENDATIONS As discussed in the Background section of this report, the current 5-year plan of rate adjustments was approved and implemented based on results from the FY 2022 RSA (FY 2022 Study). Since the FY 2022 RSA, additional operating costs, and new capital costs driven by: 1) the 2023 Master Plan, 2) aging infrastructure, 3) resiliency (specifically the WRF consolidation) as well as 4) regulatory requirements continue to drive the Utility’s 10-year capital improvement plan (capital costs) much higher. The 10-year capital costs of the utility as discussed in this report represent an increase of approximately $900M since the FY 2022 RSA, mostly driven by projects such as the WRF Consolidation, Senate bill 64 discharge requirements, water pollution control and other renewal and replacement. Figure 2-2 below presents the 10-year capital needs for the FY 2022 and FY 2025 RSAs. Figure 2-2 10-Year Capital Costs Comparison The increase in capital costs resulted in a projected increase to future borrowing of $874M. Figure 2-3 below presents the 10-year capital funding sources for each of the FY 2022 and FY 2025 RSAs. Figure 2-3 10-Year CIP Funding Sources Comparison $1,743 $839 $0 $200 $400 $600 $800 $1,000 $1,200 $1,400 $1,600 $1,800 $2,000 MillionsFY 2025 RSA FY 2022 RSA $23 $1,078 $204 $194 $180 $471 $432 0 200 400 600 800 1,000 1,200 1,400 1,600 1,800 2,000 MillionsOperating R&R Debt Other Sources FY 2022 RSAFY 2025 RSA 2. Revenue Sufficiency Analysis City of Clearwater | FY 2025 Water, Sewer, Irrigation and Reclaimed Water Revenue Sufficiency Analysis Stantec | 11 Moreover, the City has not been immune to inflationary pressures present throughout the Country. Since the FY 2022 Study, operating expenditures are larger due to increased salary and benefit costs, chemicals costs, purchased water costs and minor capital outlays. As previously stated, the revenue sufficiency analysis’ objective is to evaluate the sufficiency of the current water, sewer, irrigation and reclaimed water rate revenues to generate the level of revenues necessary to satisfy the Utility’s projected 1) operating expenses, 2) capital improvement costs, 3) adequate operating reserves, and 4) adequate debt service coverage during the 10-year projection. Given the source data and assumptions as described within this report, Stantec concludes that the current plan of rate adjustments approved thru FY 27 will not be enough to meet projected needs of the Utility. This is a result of the sizeable increase to the Utility’s projected 10-year capital costs, which leads to additional future borrowing and its associated annual debt service costs. As such, for FY 26, Stantec recommends that a new 5-year plan of rate adjustments equal to 8.00% be implemented on October 1, 2025, and continue through FY 2030. This change is needed so that the Utility can maintain reliable service by executing its identified capital needs. Furthermore, the identified rate plan aims to maintain equilibrium between competing forces such as 1) appropriate level of total borrowing, 2) maintenance of suitable reserves, 3) funding of the Utility’s needs, 4) meeting bond covenants, and 5) limiting impact to Utility customers. Table 2.1 – Proposed Rate Water & Sewer Rate Adjustments effective October 1st *Annual rate adjustments also apply to irrigation, and reclaimed water rates. 2025 RSA Annual Rate Adjustments FY 2026 - FY 2030 FY 2031 – FY 2035 Water* 8.00% 8.00% Sewer 8.00% 8.00% 2. Revenue Sufficiency Analysis City of Clearwater | FY 2025 Water, Sewer, Irrigation and Reclaimed Water Revenue Sufficiency Analysis Stantec | 12 The results of the FY 2025 Water, Sewer, Irrigation and Reclaimed water revenue sufficiency analysis are summarized in Figure 2-4. Figure 2-4 FY 2025 RSA Results Stantec strongly recommends that the City continue to perform annual or bi-annual updates to the revenue sufficiency analysis to re-evaluate the adequacy of its water, sewer, irrigation and reclaimed water rates. Doing so will allow for the incorporation of updated revenue and expense information, as well as changes in economic conditions, customer accounts and usage levels, regulatory requirements, and other factors that can materially affect the results of this revenue sufficiency analysis. This will also ensure that the City’s Utility will continue 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 water, sewer, irrigation and reclaimed water utility systems, 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 Utility’s capital improvement program, that will have material impacts on the future financial condition of the City’s utility operations. Further, the projections in this Study rely upon data and guidance provided during 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. CLEARWATER, FL FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 FY 2032 FY 2033 FY 2034 FY 2035 FY 2029 FY 2035 Water 3.00%8.00%8.00%8.00%8.00%8.00%8.00%8.00%8.00%8.00%8.00%36.05%115.89% Sewer Rate Plan 3.00%8.00%8.00%8.00%8.00%8.00%8.00%8.00%8.00%8.00%8.00%36.05%115.89% Reclaimed Rate Plan 3.00%8.00%8.00%8.00%8.00%8.00%8.00%8.00%8.00%8.00%8.00% Senior-Lien DSC 6.51 7.12 7.60 4.04 3.85 2.40 2.43 1.97 1.97 1.77 1.77 Scenario Manager All-In DSC 6.51 7.12 7.60 4.04 3.85 2.40 2.43 1.97 1.97 1.77 1.77 Water & Sewer Bill @ 3 Kgals $65.10 $70.31 $75.93 $82.01 $88.57 $95.65 $103.31 $111.57 $120.49 $130.13 $140.55 Proceeds ($M)$1,077.9$ Change in Mo. Bill $5.21 $5.62 $6.08 $6.56 $7.08 $7.65 $8.26 $8.93 $9.64 $10.41 $0.0M $50.0M $100.0M $150.0M $200.0M $250.0M $300.0M 25 26 27 28 29 30 31 32 33 34 35 R&R -327 Operating - 421 Debt $0.0M $50.0M $100.0M $150.0M $200.0M $250.0M $300.0M 24 25 26 27 28 29 30 31 32 33 34 35 Current Plan Target $0.0M $50.0M $100.0M $150.0M $200.0M $250.0M $300.0M 25 26 27 28 29 30 31 32 33 34 35 Current Plan $0.0M $50.0M $100.0M $150.0M $200.0M $250.0M $300.0M 25 26 27 28 29 30 31 32 33 34 35 Cash Out Less CIP Cash In Cash Out $0.0M$50.0M$100.0M $150.0M$200.0M$250.0M $300.0M$350.0M 25 26 27 28 29 30 31 32 33 34 35 Current Plan Operating Fund -421 CIP Spending Revenues vs. Expenses CIP Funding Borrowing CALC SAVE CTRL LAST OVR $0.0M $50.0M $100.0M $150.0M $200.0M $250.0M $300.0M 25 26 27 28 29 30 31 32 33 34 35 Current Plan Interim Financing 2. Revenue Sufficiency Analysis City of Clearwater | FY 2025 Water, Sewer, Irrigation and Reclaimed Water Revenue Sufficiency Analysis Stantec | 13 As a result, there will usually be differences between forecast and actual results because events and circumstances frequently do not occur as expected, and those 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 utility 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 Utility. 3. Water & Sewer Residential Rate Survey City of Clearwater | FY 2025 Water, Sewer, Irrigation and Reclaimed Water Revenue Sufficiency Analysis Stantec | 14 WATER & SEWER RATE SURVEY As part of this RSA, Stantec prepared a comparative residential water and sewer rate survey of the City’s surrounding geographic area. The green and blue bars in Figure 3-1 reflect a monthly water and sewer bill for a single-family residential water and sewer customer using 3,000 gallons (this reflects the most commonly billed usage amount for City of Clearwater residential customers) per month, calculated with rates in effect as of October 1, 2024 (FY 2025). The rates used in the surveys were based upon information available on each utility’s website, provided by its billing department, and/or published in rate ordinances as available on Municode.com. The survey below shows the City’s water and sewer typical monthly bill is in a comparable position to those of surrounding communities and below the regional average. It is important to note that this survey reflects a snapshot in time for FY 2025. With the multitude of financial pressures each surveyed utility is currently facing, many of the other monthly bills shown in this survey are likely to change in FY 2026 and beyond. Figure 3-1 FY 2025 Monthly Water & Sewer Residential Bill Survey @ 3,000 Gallons / Month Disclaimer City of Clearwater | FY 2025 Water, Sewer, Irrigation and Reclaimed Water Revenue Sufficiency Analysis Stantec | 15 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 reliance 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 which 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 2025 Water, Sewer, Irrigation and Reclaimed Water Revenue Sufficiency Analysis Stantec | 16 APPENDIX: SUPPORTING FINANCIAL SCHEDULES Schedule 1 Projected Accounts, Billed Volumes and Other Assumptions Schedule 2 FY 2025 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 Forecast of Net Revenues & Debt Service Coverage Schedule 9 Capital Project Funding Summary Schedule 10 Funding Summary by Fund Schedule 11 Long-Term Borrowing Projections Appendix: Supporting Financial Schedules Projected Accounts, Billed Volumes and Other Assumptions Schedule 1 FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 FY 2032 FY 2033 FY 2034 FY 2035 Projected Rate Increase Adoption Dates 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 10/1/2034 Annual Account Growth & Billed Volume Projections Water Number of Accounts 34,358 34,423 34,488 34,553 34,618 34,683 34,748 34,813 34,878 34,943 35,008 Annual Growth in Accounts 65 65 65 65 65 65 65 65 65 65 65 Annual % Change in Accounts 0.19%0.19%0.19%0.19%0.19%0.19%0.19%0.19%0.19%0.19%0.19% % of New Accounts Projected to Pay Impact Fees 100%100%100%100%100%100%100%100%100%100%100% Monthly Usage per Account in each Fiscal Year (kgals)8.52 8.46 8.41 8.35 8.29 8.24 8.18 8.12 8.07 8.01 7.95 % Change in Monthly Usage Per Account -0.66%-0.67%-0.67%-0.68%-0.68%-0.69%-0.69%-0.70%-0.70%-0.71%-0.71% Total Billed Volume (kgals)3,513,489 3,496,621 3,479,664 3,462,618 3,445,483 3,428,260 3,410,948 3,393,547 3,376,057 3,358,478 3,340,811 % Change in Projected Total Billed Volume -0.48%-0.48%-0.48%-0.49%-0.49%-0.50%-0.50%-0.51%-0.52%-0.52%-0.53% Sewer Number of Accounts 34,868 34,948 35,028 35,108 35,188 35,268 35,348 35,428 35,508 35,588 35,668 Annual Growth in Accounts 80 80 80 80 80 80 80 80 80 80 80 Annual % Change in Accounts 0.23%0.23%0.23%0.23%0.23%0.23%0.23%0.23%0.23%0.23%0.22% % of New Accounts Projected to Pay Impact Fees 100%100%100%100%100%100%100%100%100%100%100% Monthly Usage per Account in each Fiscal Year (kgals)8.55 8.49 8.43 8.37 8.32 8.26 8.20 8.14 8.08 8.03 7.97 % Change in Monthly Usage Per Account -0.67%-0.67%-0.68%-0.68%-0.69%-0.69%-0.70%-0.70%-0.71%-0.71%-0.72% Total Billed Volume (kgals)3,575,721 3,559,760 3,543,688 3,527,506 3,511,212 3,494,809 3,478,295 3,461,670 3,444,934 3,428,088 3,411,131 % Change in Projected Total Billed Volume -0.44%-0.45%-0.45%-0.46%-0.46%-0.47%-0.47%-0.48%-0.48%-0.49%-0.49% Reclaimed Metered Number of Accounts 6,473 6,544 6,688 6,832 6,976 7,120 7,264 7,336 7,408 7,479 7,551 Annual Growth in Accounts 72 144 144 144 144 144 72 72 72 72 72 Annual % Change in Accounts 1.11%2.20%2.15%2.11%2.06%2.02%0.98%0.98%0.97%0.96%0.95% Monthly Usage per Account in each Fiscal Year (kgals)23.05 22.67 22.31 21.97 21.64 21.32 21.22 21.12 21.02 20.92 20.83 % Change in Monthly Usage Per Account -0.56%-1.63%-1.59%-1.55%-1.51%-1.48%-0.47%-0.47%-0.46%-0.46%-0.45% Total Billed Volume (kgals)1,810,116 1,819,836 1,829,502 1,839,116 1,848,678 1,858,189 1,867,649 1,877,061 1,886,424 1,895,738 1,905,006 % Change in Projected Total Billed Volume 0.54%0.54%0.53%0.53%0.52%0.51%0.51%0.50%0.50%0.49%0.49% Reclaimed Flat Number of Accounts 1,406 1,370 1,333 1,297 1,260 1,224 1,188 1,151 1,115 1,078 1,042 Annual Growth in Accounts (36) (36) (36) (36) (36) (36) (36) (36) (36) (36) (36) Annual % Change in Accounts -2.52%-2.59%-2.66%-2.73%-2.81%-2.89%-2.97%-3.07%-3.16%-3.27%-3.38% % of New Accounts Projected to Pay Impact Fees 100%100%100%100%100%100%100%100%100%100%100% Monthly Usage per Account in each Fiscal Year (kgals)- - - - - - - - - - - % Change in Monthly Usage Per Account 0.00%0.00%0.00%0.00%0.00%0.00%0.00%0.00%0.00%0.00%0.00% Total Billed Volume (kgals)- - - - - - - - - - - % Change in Projected Total Billed Volume 0.00%0.00%0.00%0.00%0.00%0.00%0.00%0.00%0.00%0.00%0.00% Reclaimed Combined (Metered & Flat) Number of Accounts 7,950 8,058 8,166 8,273 8,381 8,488 8,524 8,559 8,594 8,629 8,664 Annual Growth in Accounts 35 108 108 108 108 108 35 35 35 35 35 Annual % Change in Accounts 0.44%1.35%1.34%1.32%1.30%1.28%0.41%0.41%0.41%0.41%0.41% Monthly Usage per Account in each Fiscal Year (kgals)18.97 18.82 18.67 18.52 18.38 18.24 18.26 18.28 18.29 18.31 18.32 % Change in Monthly Usage Per Account -0.56%-1.63%-1.59%-1.55%-1.51%-1.48%-0.47%-0.47%-0.46%-0.46%-0.45% Total Billed Volume (kgals)1,810,116 1,819,836 1,829,502 1,839,116 1,848,678 1,858,189 1,867,649 1,877,061 1,886,424 1,895,738 1,905,006 % Change in Projected Total Billed Volume 0.54%0.54%0.53%0.53%0.52%0.51%0.51%0.50%0.50%0.49%0.49% City of Clearwater | FY 2025 Water, Sewer, Irrigation and Reclaimed Water Revenue Sufficiency Analysis Appendix: Supporting Financial Schedules Projected Accounts, Billed Volumes and Other Assumptions Schedule 1 FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 FY 2032 FY 2033 FY 2034 FY 2035 Irrigation Number of Accounts 1,995 1,990 1,985 1,980 1,975 1,970 1,965 1,959 1,954 1,949 1,944 Annual Growth in Accounts (5) (5) (5) (5) (5) (5) (5) (5) (5) (5) (5) Annual % Change in Accounts -0.25%-0.26%-0.26%-0.26%-0.26%-0.26%-0.26%-0.26%-0.26%-0.26%-0.26% % of New Accounts Projected to Pay Impact Fees 100%100%100%100%100%100%100%100%100%100%100% Monthly Usage per Account in each Fiscal Year (kgals)8.88 8.88 8.88 8.88 8.88 8.88 8.88 8.88 8.88 8.89 8.90 % Change in Monthly Usage Per Account 0.00%0.00%0.00%0.00%0.00%0.00%0.00%0.00%0.00%0.05%0.10% Total Billed Volume (kgals)212,693 212,150 211,607 211,064 210,521 209,978 209,435 208,891 208,348 207,912 207,582 % Change in Projected Total Billed Volume -0.25%-0.26%-0.26%-0.26%-0.26%-0.26%-0.26%-0.26%-0.26%-0.21%-0.16% Capital SpendingAnnual Capital Budget (Future Year Dollars)61,625,734$ 96,632,119 165,736,428 194,816,001 187,172,473 203,626,855 211,745,665 194,068,035 209,360,405 118,150,269 100,489,735 Annual CIP Redistribution -$ - - (60,000,000) (110,000,000) (110,000,000) (60,000,000) - 75,000,000 50,000,000 60,000,000 Impact Fees Water Impact Fees 600$ 660 720 720 720 720 720 720 720 720 720 Sewer Impact Fees 978$ 978 978 978 978 978 978 978 978 978 978 Lawn Impact Fees 88$ 96 105 105 105 105 105 105 105 105 105 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 1 Personnel Services 96%96%96%96%96%96%96%96%96%96%96% Purchased Water Cost 100%100%100%100%100%100%100%100%100%100%100% Operations & Maintenance 98%98%98%98%98%98%98%98%98%98%98% Capital Outlay (Equip & Lease Purchase Program)100%100%100%100%100%100%100%100%100%100%100% Purchased Water Projections Projected Total Billed Demand in MGD 10.21 10.16 10.11 10.06 10.02 9.97 9.92 9.87 9.82 9.77 9.72 Projected Total Billed Demand Adj. for Loss in MGD 2 1.52 1.51 1.50 1.50 1.49 1.48 1.47 1.47 1.46 1.45 1.45 Projected Total Water Produced in MGD 7.12 7.50 7.50 7.50 7.50 7.50 9.50 10.50 10.50 10.50 10.50 Projected Water Purchases in MGD 3 4.60 4.17 4.12 4.06 4.01 3.95 1.89 1.50 1.50 1.50 1.50 Pinellas County Rates Per Kgal 4.83$ 5.07 5.32 5.59 5.87 6.16 6.47 6.79 7.13 7.49 7.86 Projected Annual Rate Adjustments 5.0%5.0%5.0%5.0%5.0%5.0%5.0%5.0%5.0%5.0%5.0% Projected Annual Purchased Water Expense 8,111,706$ 7,717,281 7,996,170 8,283,084 8,578,101 8,881,283 4,470,633 3,718,611 3,904,541 4,099,768 4,304,757 1 Execution is based on discussion with City staff and reflects historical comparison of budget to actual spending. 2 Non-revenue water factor adjustment of 16% for the projection based on prior years' actuals. 3 Utility staff expects the completion of the WTP 2 expansion by the end of FY 20232, appearing in phases being an increase of 0.5 MGD in FY 2026, 2.0 MGD in 2031, and 1.0 MGD in 2032. As such FY 2033, reflects City staff's expectation to purchase the minimum contract amount of 1.5 MGD and produce about 10.5MGD, lowering overall projected water purchase costs. City of Clearwater | FY 2025 Water, Sewer, Irrigation and Reclaimed Water Revenue Sufficiency Analysis Appendix: Supporting Financial Schedules Schedule 2 Stantec Grouping of Funds in Model Revenue Fund (421)Restricted Reserves Water Impact Fees Sewer Impact Fees Renewal & Replacement (327) Current Unrestricted AssetsCash and Cash Equivalents 192,489,389$ - - - - Restricted Cash and Investments - 12,621,250 - - - Interest Receivable 659,763 - - - - Billed 4,724,163 - - - - Unbilled Charges Estimated 4,593,800 - - - - Less: Allowances for Uncollectible Accounts (40,922) - - - - Lease Receivables 26,181 - - - - Other receivables - - - - - Due From Other Governmental Entities 1,228,095 - - - - Inventories at Cost 1,684,010 - - - - Prepaid Expenses and Other Assets 552,956$ - - - - Total Assets 205,917,435$ 12,621,250 - - - Current LiabilitiesAccounts and Contract Payable (7,831,655)$ - - - - Accrued Payroll (476,067) - - - - Accrued Interest Payable (211,393) - - - - Compensated Absences (519,340) - - - - Other Postemployment Benefits (114,238) - - - - Lease Liabilities - - - - - Due to Other Funds (75,610) - - - - Claims Payable - - - - - Construction Contracts Payable - (2,763,001) - - - Accrued Interest Payable - (1,401,850) - - - Current Portion of Long-Term Liabilities, Bonds Payable)- (3,854,167) - - - Customer Deposits - (4,602,232) - - - Net Fund Balance 195,772,996$ - - - - Plus/(Less): Inventories at Cost (1,684,010)$ - - - - Plus/(Less): Renewal and Replacement (1,747,320) - - - 1,747,320 Plus/(Less): Water and Sewer Impact Fees (4,500,000) - 950,000 3,550,000 - Plus/(Less): Water And Sewer Impact Fees 187,841,666$ - 950,000 3,550,000 1,747,320 Available Fund Balance 187,841,666$ - 950,000 3,550,000 1,747,320 Fund Summary Revenue Fund (421)187,841,666$ Restricted Reserves - Water Impact Fees 950,000 Sewer Impact Fees 3,550,000 Renewal & Replacement (327)1,747,320 Available Fund Balance 194,088,986$ FY 2025 Beginning Balances as of 10/1/2024 City of Clearwater | FY 2025 Water, Sewer, Irrigation and Reclaimed Water Revenue Sufficiency Analysis Appendix: Supporting Financial Schedules Schedule 3 FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 FY 2032 FY 2033 FY 2034 FY 2035 1 Assumed Rate Revenue Increases 2 Water Rate Increase 3.00%8.00%8.00%8.00%8.00%8.00%8.00%8.00%8.00%8.00%8.00% 3 Sewer Rate Increase 3.00%8.00%8.00%8.00%8.00%8.00%8.00%8.00%8.00%8.00%8.00% 4 Reclaimed Rate Increase 3.00%8.00%8.00%8.00%8.00%8.00%8.00%8.00%8.00%8.00%8.00% 5 Water Rate Revenue 6 Base Rate Revenue 26,744,754$ 28,938,979 31,313,114 33,881,901 36,661,290 39,668,536 42,922,310 46,442,810 50,251,886 54,373,181 58,832,270 7 Usage Rate Revenue 18,489,493 19,431,166 20,419,803 21,457,680 22,547,182 23,690,803 24,891,153 26,150,964 27,473,093 28,860,527 30,316,393 8 Total Water Rate Revenue 45,234,247$ 48,370,146 51,732,917 55,339,581 59,208,471 63,359,339 67,813,464 72,593,774 77,724,979 83,233,708 89,148,663 9 Lawn Irrigation 10 Base Rate Revenue 3,238,915$ 3,489,097 3,758,580 4,048,849 4,361,506 4,698,276 5,061,016 5,451,724 5,872,556 6,325,830 6,814,043 11 Usage Rate Revenue 698,976 752,966 811,122 873,764 941,237 1,013,914 1,092,195 1,176,512 1,267,330 1,365,849 1,472,777 12 Total Irrigation Rate Revenue 3,937,891$ 4,242,064 4,569,702 4,922,613 5,302,743 5,712,190 6,153,211 6,628,236 7,139,886 7,691,679 8,286,820 13 Sewer Rate Revenue 14 Base Rate Revenue 36,466,142$ 39,473,793 42,729,284 46,253,021 50,067,089 54,195,389 58,663,787 63,500,278 68,735,160 74,401,221 80,533,947 15 Usage Rate Revenue 19,105,824 20,085,690 21,114,726 22,195,330 23,330,011 24,521,395 25,772,231 27,085,396 28,463,900 29,910,891 31,429,66316Total Sewer Rate Revenue 55,571,966$ 59,559,483 63,844,010 68,448,352 73,397,100 78,716,783 84,436,018 90,585,674 97,199,060 104,312,112 111,963,610 17 Reclaimed Rate Revenue 18 Base Rate Revenue 1,689,207$ 1,849,034 2,023,623 2,214,311 2,422,559 2,649,955 2,873,800 3,116,500 3,379,640 3,664,937 3,974,252 19 Usage Rate Revenue 2,369,400 2,461,363 2,557,934 2,659,325 2,765,760 2,877,476 3,024,302 3,178,757 3,341,241 3,512,177 3,692,009 20 Total Reclaimed Rate Revenue 4,058,607$ 4,310,397 4,581,557 4,873,637 5,188,320 5,527,432 5,898,102 6,295,257 6,720,881 7,177,114 7,666,260 21 Other Operating Revenue 22 Other Water Revenue 75,000$ 75,000 75,000 75,000 75,000 75,000 75,000 75,000 75,000 75,000 75,000 23 Water Service Charges 200,000 200,000 200,000 200,000 200,000 200,000 200,000 200,000 200,000 200,000 200,000 24 Water Taps 95,000 95,000 95,000 95,000 95,000 95,000 95,000 95,000 95,000 95,000 95,00025Material & Water Service 25,000 25,000 25,000 25,000 25,000 25,000 25,000 25,000 25,000 25,000 25,000 26 Fire Line Detect Install 50,000 50,000 50,000 50,000 50,000 50,000 50,000 50,000 50,000 50,000 50,00027WPC Fee Safety Harbor 1,626,090 1,678,938 1,729,306 1,781,185 1,834,621 1,889,659 1,946,349 2,004,740 2,064,882 2,126,828 2,190,633 28 Sewer Taps 270,000 270,000 270,000 270,000 270,000 270,000 270,000 270,000 270,000 270,000 270,000 29 Grease Ord Revenue 55,000 55,000 55,000 55,000 55,000 55,000 55,000 55,000 55,000 55,000 55,000 30 Industrial Pretreatment Rev 45,000 45,000 45,000 45,000 45,000 45,000 45,000 45,000 45,000 45,000 45,000 31 Late Payment Fee 271,000 271,000 271,000 271,000 271,000 271,000 271,000 271,000 271,000 271,000 271,000 32 Rents Commercial Property 4,200 4,200 4,200 4,200 4,200 4,200 4,200 4,200 4,200 4,200 4,200 33 Sale of Scrap 5,000 5,000 5,000 5,000 5,000 5,000 5,000 5,000 5,000 5,000 5,00034Total Other Operating Revenue 2,721,290$ 2,774,138 2,824,506 2,876,385 2,929,821 2,984,859 3,041,549 3,099,940 3,160,082 3,222,028 3,285,833 35 Non-Operating Revenue 36 Interfund Svc Chgs Fund 010 37,890$ 39,785 41,774 43,862 46,056 48,358 50,776 53,315 55,981 58,780 61,719 37 Interfund Svc Chgs Fund 419 6,310 6,626 6,957 7,305 7,670 8,053 8,456 8,879 9,323 9,789 10,278 38 Interfund Svc Chgs Fund 423 3,160 3,318 3,484 3,658 3,841 4,033 4,235 4,446 4,669 4,902 5,147 39 Interfund Svc Chgs Fund 424 3,160 3,318 3,484 3,658 3,841 4,033 4,235 4,446 4,669 4,902 5,14740Interfund Svc Chgs Fund 432 3,160 3,318 3,484 3,658 3,841 4,033 4,235 4,446 4,669 4,902 5,147 41 Interfund Svc Chgs Fund 433 3,160 3,318 3,484 3,658 3,841 4,033 4,235 4,446 4,669 4,902 5,14742Interfund Svc Chgs Fund 435 3,160 3,318 3,484 3,658 3,841 4,033 4,235 4,446 4,669 4,902 5,147 43 Total Non-Operating Revenue 60,000$ 63,000 66,150 69,458 72,930 76,577 80,406 84,426 88,647 93,080 97,734 44 Interest Income 45 Unrestricted 4,130,390 3,376,879 1,819,957 837,488 871,795 905,502 918,429 911,652 929,125 969,061 1,010,763 46 Total Interest Income 4,130,390$ 3,376,879 1,819,957 837,488 871,795 905,502 918,429 911,652 929,125 969,061 1,010,763 Projection of Cash Inflows City of Clearwater | FY 2025 Water, Sewer, Irrigation and Reclaimed Water Revenue Sufficiency Analysis Appendix: Supporting Financial Schedules Schedule 3 FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 FY 2032 FY 2033 FY 2034 FY 2035 Projection of Cash Inflows 47 Impact Fees1 48 Water Impact Fees 39,000$ 42,900 46,800 46,800 46,800 46,800 46,800 46,800 46,800 46,800 46,800 49 Sewer Impact Fees 78,240 78,240 78,240 78,240 78,240 78,240 78,240 78,240 78,240 78,240 78,24050Total Impact Fees 117,240$ 121,140 125,040 125,040 125,040 125,040 125,040 125,040 125,040 125,040 125,040 51 Total Cash Inflows 115,831,631$ 122,817,247 129,563,839 137,492,552 147,096,220 157,407,722 168,466,218 180,324,000 193,087,700 206,823,822 221,584,724 1 Although Impact Fee revenues are reflected in this schedule, these revenues are restricted for expansion related capital and as such are deposited into impact fee sub-funds. The revenues are used to fund expansionary capital projects as identified by staff. For further details see Schedules 6 (Capital improvement Program) and 10 (Funding Summary By Fund). City of Clearwater | FY 2025 Water, Sewer, Irrigation and Reclaimed Water Revenue Sufficiency Analysis Appendix: Supporting Financial Schedules Projection of Cash Outflows Schedule 4 Account Code Expense Line Item1 FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 FY 2032 FY 2033 FY 2034 FY 2035 Pub Util AdministrationPersonnel Services 1 PS 01345-510100 Full Time Salaries & Wages 1,203,124$ 1,263,280$ 1,326,444$ 1,392,766$ 1,462,405$ 1,535,525$ 1,612,301$ 1,692,916$ 1,777,562$ 1,866,440$ 1,959,762$ 2 PS 01345-510500 Overtime 27,000 28,350 29,768 31,256 32,819 34,460 36,183 37,992 39,891 41,886 43,980 3 PS 01345-520100 Life Ins $2500 Empl & Pens 99 106 114 123 132 142 152 164 176 189 203 4 PS 01345-520300 Samp Life Insurance 3,221 3,453 3,712 3,990 4,290 4,611 4,957 5,329 5,729 6,158 6,620 5 PS 01345-520400 Major Medical Ins-Emp 194,340 208,332 223,957 240,754 258,811 278,222 299,088 321,520 345,634 371,556 399,423 6 PS 01345-520600 Social Security-Employee 36,314 38,130 40,036 42,038 44,140 46,347 48,664 51,097 53,652 56,335 59,152 7 PS 01345-520700 Emp Pension Plan 58,215 57,478 70,116 102,245 88,966 89,803 97,755 102,643 107,775 113,164 118,822 8 PS 01345-520900 Workers Compensation 8,850 9,293 9,757 10,245 10,757 11,295 11,860 12,453 13,075 13,729 14,416 9 PS 01345-521000 Disability Insurance 1,054 1,130 1,215 1,306 1,404 1,509 1,622 1,744 1,875 2,015 2,166 10 PS 01345-522000 CWA Life 728 780 839 902 970 1,042 1,120 1,204 1,295 1,392 1,496 Operations and Maintenance11O&M 01345-530100 Professional Services 55,000 56,788 58,491 60,246 62,053 63,915 65,832 67,807 69,841 71,937 74,095 12 O&M 01345-530300 Other Contractual Serv 2,200 2,272 2,340 2,410 2,482 2,557 2,633 2,712 2,794 2,877 2,964 13 O&M 01345-540100 Garage Services 1,550 1,628 1,709 1,794 1,884 1,978 2,077 2,181 2,290 2,405 2,525 14 O&M 01345-540300 Telephone Service Variable 4,520 4,746 4,983 5,232 5,494 5,769 6,057 6,360 6,678 7,012 7,363 15 O&M 01345-540400 Messenger Service - - - - - - - - - - - 16 O&M 01345-540500 Radio Svc-Fixed 1,770 1,859 1,951 2,049 2,151 2,259 2,372 2,491 2,615 2,746 2,883 17 O&M 01345-540700 Postal Service 1,500 1,575 1,654 1,736 1,823 1,914 2,010 2,111 2,216 2,327 2,443 18 O&M 01345-540900 Risk Mgmt Service 4,427 4,648 4,881 5,125 5,381 5,650 5,933 6,229 6,541 6,868 7,211 19 O&M 01345-541000 Info Technology Charge 134,930 141,677 148,760 156,198 164,008 172,209 180,819 189,860 199,353 209,321 219,787 20 O&M 01345-541600 Bldg & Maint-Variable 1,000 1,050 1,103 1,158 1,216 1,276 1,340 1,407 1,477 1,551 1,629 21 O&M 01345-542000 Employee Benefits-Fixed 4,525 4,751 4,989 5,238 5,500 5,775 6,064 6,367 6,685 7,020 7,371 22 O&M 01345-542500 Postage 100 103 106 110 113 116 120 123 127 131 135 23 O&M 01345-542800 Interfd Other Serv Chgs 41,480 43,554 45,732 48,018 50,419 52,940 55,587 58,367 61,285 64,349 67,567 24 O&M 01345-542900 Interfd Admin Service Chg 313,100 328,755 345,193 362,452 380,575 399,604 419,584 440,563 462,591 485,721 510,007 25 O&M 01345-543100 Advertising 1,000 1,033 1,063 1,095 1,128 1,162 1,197 1,233 1,270 1,308 1,347 26 O&M 01345-543200 Other Promotion Activity 10,000 10,325 10,635 10,954 11,282 11,621 11,970 12,329 12,698 13,079 13,472 27 O&M 01345-543400 Printing & Binding 1,000 1,033 1,063 1,095 1,128 1,162 1,197 1,233 1,270 1,308 1,347 28 O&M 01345-544100 Equipt Rental 600 620 638 657 677 697 718 740 762 785 808 29 O&M 01345-544200 Rentals-Building 45,000 46,463 47,856 49,292 50,771 52,294 53,863 55,479 57,143 58,857 60,623 30 O&M 01345-544600 Uniform Rental 200 207 213 219 226 232 239 247 254 262 269 31 O&M 01345-545100 Insurance 6,580 6,794 6,998 7,208 7,424 7,647 7,876 8,112 8,356 8,606 8,864 32 O&M 01345-546100 Ofc Equip Svc & Repair 50 52 53 55 56 58 60 62 63 65 67 33 O&M 01345-546200 Other Equip Svc & Repair 1,000 1,033 1,063 1,095 1,128 1,162 1,197 1,233 1,270 1,308 1,347 34 O&M 01345-547100 Uniforms-Employee 1,500 1,549 1,595 1,643 1,692 1,743 1,795 1,849 1,905 1,962 2,021 35 O&M 01345-547200 Travel Expense-Emp 7,790 8,043 8,284 8,533 8,789 9,053 9,324 9,604 9,892 10,189 10,495 36 O&M 01345-547300 Mileage Reimbursement 1,000 1,033 1,063 1,095 1,128 1,162 1,197 1,233 1,270 1,308 1,347 37 O&M 01345-547400 Meals-Employee 300 310 319 329 338 349 359 370 381 392 404 38 O&M 01345-549300 Recruitment Expense 4,000 4,130 4,254 4,382 4,513 4,648 4,788 4,931 5,079 5,232 5,389 39 O&M 01345-550100 Office Supplies 5,000 5,163 5,317 5,477 5,641 5,810 5,985 6,164 6,349 6,540 6,736 40 O&M 01345-550400 Operating Supplies & Matls 30,000 30,975 31,904 32,861 33,847 34,863 35,909 36,986 38,095 39,238 40,415 41 O&M 01345-551500 Medical Supplies 500 516 532 548 564 581 598 616 635 654 674 42 O&M 01345-557100 Memberships/Subs/Lic Emp 37,355 38,569 39,726 40,918 42,145 43,410 44,712 46,053 47,435 48,858 50,324 43 O&M 01345-557200 Officl Recognition-Emp 10,100 10,428 10,741 11,063 11,395 11,737 12,089 12,452 12,825 13,210 13,607 44 O&M 01345-557300 Training & Ref Employee 20,000 20,650 21,270 21,908 22,565 23,242 23,939 24,657 25,397 26,159 26,944 45 Total Pub Util Administration 2,282,022$ 2,392,658$ 2,522,439$ 2,677,819$ 2,794,232$ 2,931,551$ 3,083,144$ 3,239,223$ 3,403,508$ 3,576,449$ 3,758,519$ Wastewater CollectionPersonnel Services46PS01346-510100 Full Time Salaries & Wages 1,433,292$ 1,504,957$ 1,580,204$ 1,659,215$ 1,742,175$ 1,829,284$ 1,920,748$ 2,016,786$ 2,117,625$ 2,223,506$ 2,334,682$ 47 PS 01346-510200 Part Time Salaries & Wages - - - - - - - - - - - 48 PS 01346-510400 Special Pay 61,980 65,079 68,333 71,750 75,337 79,104 83,059 87,212 91,573 96,151 100,959 49 PS 01346-510500 Overtime 65,000 68,250 71,663 75,246 79,008 82,958 87,106 91,462 96,035 100,836 105,878 50 PS 01346-520400 Major Medical Ins-Emp 334,046 358,097 384,955 413,826 444,863 478,228 514,095 552,652 594,101 638,659 686,558 51 PS 01346-520600 Social Security-Employee 21,587 22,666 23,800 24,990 26,239 27,551 28,929 30,375 31,894 33,489 35,163 52 PS 01346-520700 Emp Pension Plan 103,961 72,904 88,934 129,686 112,843 113,905 123,991 130,191 136,700 143,535 150,712 53 PS 01346-520900 Workers Compensation 26,700 28,035 29,437 30,909 32,454 34,077 35,781 37,570 39,448 41,420 43,491 54 PS 01346-522000 CWA Life 4,550 4,878 5,243 5,637 6,059 6,514 7,002 7,528 8,092 8,699 9,352 City of Clearwater | FY 2025 Water, Sewer, Irrigation and Reclaimed Water Revenue Sufficiency Analysis Appendix: Supporting Financial Schedules Projection of Cash Outflows Schedule 4 Account Code Expense Line Item1 FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 FY 2032 FY 2033 FY 2034 FY 2035 Operations and Maintenance 55 O&M 01346-530100 Professional Services 10,000 10,325 10,635 10,954 11,282 11,621 11,970 12,329 12,698 13,079 13,472 56 O&M 01346-530300 Other Contractual Serv 73,500 75,889 78,165 80,510 82,926 85,413 87,976 90,615 93,334 96,134 99,018 57 O&M 01346-542100 Telephone-Util Chgs 5,500 5,679 5,849 6,025 6,205 6,391 6,583 6,781 6,984 7,194 7,409 58 O&M 01346-542300 Gas,Water & Sanitation Utl 8,000 8,260 8,508 8,763 9,026 9,297 9,576 9,863 10,159 10,464 10,777 59 O&M 01346-542500 Postage 200 207 213 219 226 232 239 247 254 262 269 60 O&M 01346-542700 Interfd Svc Chg-Other Fund 50,450 52,973 55,621 58,402 61,322 64,388 67,608 70,988 74,538 78,265 82,178 61 O&M 01346-542800 Interfd Other Serv Chgs 193,970 203,669 213,852 224,545 235,772 247,560 259,938 272,935 286,582 300,911 315,957 62 O&M 01346-542900 Interfd Admin Service Chg 489,240 513,702 539,387 566,356 594,674 624,408 655,628 688,410 722,830 758,972 796,920 63 O&M 01346-543100 Advertising 200 207 213 219 226 232 239 247 254 262 269 64 O&M 01346-543200 Other Promotion Activity 1,000 1,033 1,063 1,095 1,128 1,162 1,197 1,233 1,270 1,308 1,347 65 O&M 01346-543400 Printing & Binding 500 516 532 548 564 581 598 616 635 654 674 66 O&M 01346-543500 Dump Fee 500 516 532 548 564 581 598 616 635 654 674 67 O&M 01346-544100 Equipt Rental 55,000 56,788 58,491 60,246 62,053 63,915 65,832 67,807 69,841 71,937 74,095 68 O&M 01346-544600 Uniform Rental 18,000 18,585 19,143 19,717 20,308 20,918 21,545 22,191 22,857 23,543 24,249 69 O&M 01346-545100 Insurance 1,082,060 1,117,227 1,150,744 1,185,266 1,220,824 1,257,449 1,295,172 1,334,027 1,374,048 1,415,270 1,457,728 70 O&M 01346-546100 Ofc Equip Svc & Repair - - - - - - - - - - - 71 O&M 01346-546200 Other Equip Svc & Repair 30,000 30,975 31,904 32,861 33,847 34,863 35,909 36,986 38,095 39,238 40,415 72 O&M 01346-547100 Uniforms-Employee 7,500 7,744 7,976 8,215 8,462 8,716 8,977 9,246 9,524 9,810 10,104 73 O&M 01346-547200 Travel Expense-Emp 7,200 7,434 7,657 7,887 8,123 8,367 8,618 8,877 9,143 9,417 9,700 74 O&M 01346-547300 Mileage Reimbursement 200 207 213 219 226 232 239 247 254 262 269 75 O&M 01346-547400 Meals-Employee 800 826 851 876 903 930 958 986 1,016 1,046 1,078 76 O&M 01346-550100 Office Supplies 2,000 2,065 2,127 2,191 2,256 2,324 2,394 2,466 2,540 2,616 2,694 77 O&M 01346-550400 Operating Supplies & Matls 180,000 185,850 191,426 197,168 203,083 209,176 215,451 221,915 228,572 235,429 242,492 78 O&M 01346-551300 Small Tools & Implements 20,000 20,650 21,270 21,908 22,565 23,242 23,939 24,657 25,397 26,159 26,944 79 O&M 01346-551500 Medical Supplies 500 516 532 548 564 581 598 616 635 654 674 80 O&M 01346-552500 $1,000-$4,999 Mach & Equip 9,000 9,293 9,571 9,858 10,154 10,459 10,773 11,096 11,429 11,771 12,125 81 O&M 01346-557100 Memberships/Subs/Lic Emp 1,120 1,156 1,191 1,227 1,264 1,302 1,341 1,381 1,422 1,465 1,509 82 O&M 01346-557300 Training & Ref Employee 30,000 30,975 31,904 32,861 33,847 34,863 35,909 36,986 38,095 39,238 40,415 83 O&M 01346-540100 Garage Services 537,890 564,785 593,024 622,675 653,809 686,499 720,824 756,865 794,709 834,444 876,166 84 O&M 01346-540300 Telephone Service Variable 33,900 35,595 37,375 39,243 41,206 43,266 45,429 47,701 50,086 52,590 55,220 85 O&M 01346-540500 Radio Svc-Fixed 12,350 12,968 13,616 14,297 15,012 15,762 16,550 17,378 18,247 19,159 20,117 86 O&M 01346-540900 Risk Mgmt Service 6,917 7,263 7,626 8,007 8,408 8,828 9,269 9,733 10,220 10,731 11,267 87 O&M 01346-541000 Info Technology Charge 191,980 201,579 211,658 222,241 233,353 245,021 257,272 270,135 283,642 297,824 312,715 88 O&M 01346-541500 Garage Variable 40,000 42,000 44,100 46,305 48,620 51,051 53,604 56,284 59,098 62,053 65,156 89 O&M 01346-541800 Administrative Charge 760,750 798,788 838,727 880,663 924,696 970,931 1,019,478 1,070,452 1,123,974 1,180,173 1,239,182 90 O&M 01346-542000 Employee Benefits-Fixed 7,071 7,425 7,796 8,186 8,595 9,025 9,476 9,950 10,447 10,969 11,518 Capital Outlay91CO01346-591000 Contrib To Garage Fund 11,000 11,550 12,128 12,734 13,371 14,039 14,741 15,478 16,252 17,065 17,918 92 CO 01346-571300 Principal-Leased Equipment 6,340 6,340 6,340 6,340 6,340 6,340 6,340 6,340 6,340 6,340 6,340 93 CO 01346-571500 Principal-Interfund Loans 61,360 61,360 61,360 61,360 61,360 61,360 61,360 61,360 61,360 61,360 61,360 94 CO 01346-572300 Interest-Leased Equipt 40 40 40 40 40 40 40 40 40 40 40 95 CO 01346-572500 Interest-Interfund Loans 5,300 5,300 5,300 5,300 5,300 5,300 5,300 5,300 5,300 5,300 5,300 96 Total Wastewater Collection 6,002,454$ 6,243,120$ 6,541,225$ 6,877,880$ 7,171,483$ 7,498,285$ 7,850,200$ 8,215,153$ 8,598,223$ 9,000,355$ 9,422,547$ Wastewater MaintenancePersonnel Services 97 PS 01347-510100 Full Time Salaries & Wages 2,008,623$ 2,109,054$ 2,214,507$ 2,325,232$ 2,441,494$ 2,563,569$ 2,691,747$ 2,826,334$ 2,967,651$ 3,116,034$ 3,271,835$ 98 PS 01347-510400 Special Pay 147,774 155,163 162,921 171,067 179,620 188,601 198,031 207,933 218,330 229,246 240,708 99 PS 01347-510500 Overtime 120,000 126,000 132,300 138,915 145,861 153,154 160,811 168,852 177,295 186,159 195,467 100 PS 01347-510900 Special Acting Pay 3,981 4,180 4,389 4,609 4,839 5,081 5,335 5,602 5,882 6,176 6,485 101 PS 01347-520100 Life Ins $2500 Empl & Pens 45 48 52 56 60 64 69 74 80 86 92 102 PS 01347-520300 Samp Life Insurance 1,506 1,614 1,736 1,866 2,006 2,156 2,318 2,492 2,678 2,879 3,095 103 PS 01347-520400 Major Medical Ins-Emp 370,004 396,644 426,393 458,372 492,750 529,706 569,434 612,142 658,052 707,406 760,462 104 PS 01347-520600 Social Security-Employee 31,196 32,756 34,394 36,113 37,919 39,815 41,806 43,896 46,091 48,395 50,815 105 PS 01347-520700 Emp Pension Plan 146,839 106,365 129,753 189,208 164,635 166,185 180,900 189,945 199,442 209,414 219,885 106 PS 01347-520900 Workers Compensation 30,870 32,414 34,034 35,736 37,523 39,399 41,369 43,437 45,609 47,890 50,284 107 PS 01347-521000 Disability Insurance 347 372 400 430 462 497 534 574 617 663 713 108 PS 01347-522000 CWA Life 4,550 4,878 5,243 5,637 6,059 6,514 7,002 7,528 8,092 8,699 9,352 City of Clearwater | FY 2025 Water, Sewer, Irrigation and Reclaimed Water Revenue Sufficiency Analysis Appendix: Supporting Financial Schedules Projection of Cash Outflows Schedule 4 Account Code Expense Line Item1 FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 FY 2032 FY 2033 FY 2034 FY 2035 Operations and Maintenance109O&M 01347-530300 Other Contractual Serv 5,500 5,679 5,849 6,025 6,205 6,391 6,583 6,781 6,984 7,194 7,409 110 O&M 01347-542500 Postage 100 103 106 110 113 116 120 123 127 131 135 111 O&M 01347-542800 Interfd Other Serv Chgs 77,790 81,680 85,763 90,052 94,554 99,282 104,246 109,458 114,931 120,678 126,712 112 O&M 01347-542900 Interfd Admin Service Chg 587,090 616,445 647,267 679,630 713,612 749,292 786,757 826,095 867,399 910,769 956,308 113 O&M 01347-543100 Advertising 500 516 532 548 564 581 598 616 635 654 674 114 O&M 01347-543400 Printing & Binding 30 31 32 33 34 35 36 37 38 39 40 115 O&M 01347-543700 Fees & Permits 25 26 27 27 28 29 30 31 32 33 34 116 O&M 01347-544100 Equipt Rental 5,000 5,163 5,317 5,477 5,641 5,810 5,985 6,164 6,349 6,540 6,736 117 O&M 01347-544600 Uniform Rental 25,000 25,813 26,587 27,384 28,206 29,052 29,924 30,821 31,746 32,699 33,679 118 O&M 01347-545100 Insurance 52,510 54,217 55,843 57,518 59,244 61,021 62,852 64,737 66,680 68,680 70,740 119 O&M 01347-546200 Other Equip Svc & Repair 16,000 16,520 17,016 17,526 18,052 18,593 19,151 19,726 20,318 20,927 21,555 120 O&M 01347-547100 Uniforms-Employee 9,000 9,293 9,571 9,858 10,154 10,459 10,773 11,096 11,429 11,771 12,125 121 O&M 01347-547200 Travel Expense-Emp 2,000 2,065 2,127 2,191 2,256 2,324 2,394 2,466 2,540 2,616 2,694 122 O&M 01347-547300 Mileage Reimbursement 200 207 213 219 226 232 239 247 254 262 269 123 O&M 01347-547400 Meals-Employee 1,250 1,291 1,329 1,369 1,410 1,453 1,496 1,541 1,587 1,635 1,684 124 O&M 01347-550100 Office Supplies 5,000 5,163 5,317 5,477 5,641 5,810 5,985 6,164 6,349 6,540 6,736 125 O&M 01347-550400 Operating Supplies & Matls 150,000 154,875 159,521 164,307 169,236 174,313 179,543 184,929 190,477 196,191 202,077 126 O&M 01347-551300 Small Tools & Implements 15,000 15,488 15,952 16,431 16,924 17,431 17,954 18,493 19,048 19,619 20,208 127 O&M 01347-551500 Medical Supplies 500 516 532 548 564 581 598 616 635 654 674 128 O&M 01347-552500 $1,000-$4,999 Mach & Equip 10,000 10,325 10,635 10,954 11,282 11,621 11,970 12,329 12,698 13,079 13,472 129 O&M 01347-557100 Memberships/Subs/Lic Emp 2,000 2,065 2,127 2,191 2,256 2,324 2,394 2,466 2,540 2,616 2,694 130 O&M 01347-557300 Training & Ref Employee 43,610 45,027 46,378 47,769 49,203 50,679 52,199 53,765 55,378 57,039 58,750 131 O&M 01347-540100 Garage Services 436,270 458,084 480,988 505,037 530,289 556,803 584,644 613,876 644,569 676,798 710,638 132 O&M 01347-540300 Telephone Service Variable 14,125 14,831 15,573 16,351 17,169 18,027 18,929 19,875 20,869 21,913 23,008 133 O&M 01347-540500 Radio Svc-Fixed 15,910 16,706 17,541 18,418 19,339 20,306 21,321 22,387 23,506 24,682 25,916 134 O&M 01347-540900 Risk Mgmt Service 7,194 7,554 7,931 8,328 8,744 9,182 9,641 10,123 10,629 11,160 11,718 135 O&M 01347-541000 Info Technology Charge 209,580 220,059 231,062 242,615 254,746 267,483 280,857 294,900 309,645 325,127 341,384 136 O&M 01347-541100 Bldg & Maint Dept Svc Fx 12,770 13,409 14,079 14,783 15,522 16,298 17,113 17,969 18,867 19,810 20,801 137 O&M 01347-541500 Garage Variable 14,000 14,700 15,435 16,207 17,017 17,868 18,761 19,699 20,684 21,719 22,805 138 O&M 01347-542000 Employee Benefits-Fixed 7,354 7,722 8,108 8,513 8,939 9,386 9,855 10,348 10,865 11,408 11,979 Capital Outlay 139 CO 01347-571300 Principal-Leased Equipment 138,970 138,970 138,970 138,970 138,970 138,970 138,970 138,970 138,970 138,970 138,970 140 CO 01347-572300 Interest-Leased Equipt 930 930 930 930 930 930 930 930 930 930 930 141 Total Wastewater Maintenance 4,730,943$ 4,914,954$ 5,174,778$ 5,483,036$ 5,720,298$ 5,997,425$ 6,302,203$ 6,616,586$ 6,947,528$ 7,295,930$ 7,662,747$ WPC Plant OperationsPersonnel Services 142 PS 01351-510100 Full Time Salaries & Wages 199,752 209,740 220,227 231,238 242,800 254,940 267,687 281,071 295,125 309,881 325,375 143 PS 01351-520100 Life Ins $2500 Empl & Pens 18 19 21 22 24 26 28 30 32 34 37 144 PS 01351-520300 Samp Life Insurance 642 688 740 795 855 919 988 1,062 1,142 1,227 1,319 145 PS 01351-520400 Major Medical Ins-Emp 12,192 13,070 14,050 15,104 16,237 17,454 18,763 20,171 21,683 23,310 25,058 146 PS 01351-520600 Social Security-Employee 8,693 9,128 9,584 10,063 10,566 11,095 11,649 12,232 12,844 13,486 14,160 147 PS 01351-520700 Emp Pension Plan 5,773 9,333 11,386 16,603 14,447 14,583 15,874 16,668 17,501 18,376 19,295 148 PS 01351-520900 Workers Compensation 1,570 1,649 1,731 1,817 1,908 2,004 2,104 2,209 2,320 2,436 2,557 149 PS 01351-521000 Disability Insurance 343 368 395 425 457 491 528 567 610 656 705 Operations and Maintenance150O&M 01351-530100 Professional Services 30,000 30,975 31,904 32,861 33,847 34,863 35,909 36,986 38,095 39,238 40,415 151 O&M 01351-530300 Other Contractual Serv 500 516 532 548 564 581 598 616 635 654 674 152 O&M 01351-540100 Garage Services 2,470 2,594 2,723 2,859 3,002 3,152 3,310 3,476 3,649 3,832 4,023 153 O&M 01351-540300 Telephone Service Variable 5,085 5,339 5,606 5,887 6,181 6,490 6,814 7,155 7,513 7,889 8,283 154 O&M 01351-540400 Messenger Service 1,636 1,718 1,804 1,894 1,989 2,088 2,192 2,302 2,417 2,538 2,665 155 O&M 01351-540500 Radio Svc-Fixed 1,770 1,859 1,951 2,049 2,151 2,259 2,372 2,491 2,615 2,746 2,883 156 O&M 01351-540700 Postal Service 50 53 55 58 61 64 67 70 74 78 81 157 O&M 01351-540900 Risk Mgmt Service 553 581 610 640 672 706 741 778 817 858 901 158 O&M 01351-541000 Info Technology Charge 55,820 58,611 61,542 64,619 67,850 71,242 74,804 78,544 82,472 86,595 90,925 159 O&M 01351-542000 Employee Benefits-Fixed 566 594 624 655 688 722 758 796 836 878 922 160 O&M 01351-542500 Postage 200 207 213 219 226 232 239 247 254 262 269 161 O&M 01351-542800 Interfd Other Serv Chgs 5,190 5,450 5,722 6,008 6,308 6,624 6,955 7,303 7,668 8,051 8,454 162 O&M 01351-542900 Interfd Admin Service Chg 39,140 41,097 43,152 45,309 47,575 49,954 52,451 55,074 57,828 60,719 63,755 City of Clearwater | FY 2025 Water, Sewer, Irrigation and Reclaimed Water Revenue Sufficiency Analysis Appendix: Supporting Financial Schedules Projection of Cash Outflows Schedule 4 Account Code Expense Line Item1 FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 FY 2032 FY 2033 FY 2034 FY 2035 163 O&M 01351-543100 Advertising 500 516 532 548 564 581 598 616 635 654 674 164 O&M 01351-543200 Other Promotion Activity 100 103 106 110 113 116 120 123 127 131 135 165 O&M 01351-543400 Printing & Binding 500 516 532 548 564 581 598 616 635 654 674 166 O&M 01351-543700 Fees & Permits 1,100 1,136 1,170 1,205 1,241 1,278 1,317 1,356 1,397 1,439 1,482 167 O&M 01351-544100 Equipt Rental 1,000 1,033 1,063 1,095 1,128 1,162 1,197 1,233 1,270 1,308 1,347 168 O&M 01351-544600 Uniform Rental 1,600 1,652 1,702 1,753 1,805 1,859 1,915 1,973 2,032 2,093 2,155 169 O&M 01351-545100 Insurance 1,020 1,053 1,085 1,117 1,151 1,185 1,221 1,258 1,295 1,334 1,374 170 O&M 01351-547100 Uniforms-Employee 600 620 638 657 677 697 718 740 762 785 808 171 O&M 01351-547200 Travel Expense-Emp 2,200 2,272 2,340 2,410 2,482 2,557 2,633 2,712 2,794 2,877 2,964 172 O&M 01351-547300 Mileage Reimbursement 200 207 213 219 226 232 239 247 254 262 269 173 O&M 01351-547400 Meals-Employee 200 207 213 219 226 232 239 247 254 262 269 174 O&M 01351-550100 Office Supplies 500 516 532 548 564 581 598 616 635 654 674 175 O&M 01351-550400 Operating Supplies & Matls 1,500 1,549 1,595 1,643 1,692 1,743 1,795 1,849 1,905 1,962 2,021 176 O&M 01351-557100 Memberships/Subs/Lic Emp 870 898 925 953 982 1,011 1,041 1,073 1,105 1,138 1,172 177 O&M 01351-557300 Training & Ref Employee 4,075 4,207 4,334 4,464 4,598 4,736 4,878 5,024 5,175 5,330 5,490 Capital Outlay 178 CO 01351-572200 Interest Other 30,000 30,000 30,000 30,000 30,000 30,000 30,000 30,000 30,000 30,000 30,000 179 Total WPC Plant Operations 417,928$ 440,070$ 461,549$ 487,162$ 506,420$ 529,041$ 553,943$ 579,530$ 606,402$ 634,624$ 664,265$ WPC Laboratory OperationsPersonnel Services 180 PS 01352-510100 Full Time Salaries & Wages 186,958 196,306 206,121 216,427 227,249 238,611 250,542 263,069 276,222 290,033 304,535 181 PS 01352-510500 Overtime 4,300 4,515 4,741 4,978 5,227 5,488 5,762 6,051 6,353 6,671 7,004 182 PS 01352-520100 Life Ins $2500 Empl & Pens 27 29 31 33 36 39 42 45 48 52 55 183 PS 01352-520300 Samp Life Insurance 649 696 748 804 864 929 999 1,074 1,154 1,241 1,334 184 PS 01352-520400 Major Medical Ins-Emp 36,576 39,209 42,150 45,311 48,710 52,363 56,290 60,512 65,050 69,929 75,174 185 PS 01352-520600 Social Security-Employee 2,717 2,853 2,995 3,145 3,303 3,468 3,641 3,823 4,014 4,215 4,426 186 PS 01352-520700 Emp Pension Plan 13,350 8,736 10,656 15,539 13,521 13,649 14,857 15,600 16,380 17,199 18,059 187 PS 01352-520900 Workers Compensation 1,350 1,418 1,488 1,563 1,641 1,723 1,809 1,900 1,995 2,094 2,199 Operations and Maintenance 188 O&M 01352-530100 Professional Services 5,000 5,163 5,317 5,477 5,641 5,810 5,985 6,164 6,349 6,540 6,736 189 O&M 01352-530300 Other Contractual Serv 33,370 34,455 35,488 36,553 37,649 38,779 39,942 41,141 42,375 43,646 44,955 190 O&M 01352-540100 Garage Services 6,570 6,899 7,243 7,606 7,986 8,385 8,804 9,245 9,707 10,192 10,702 191 O&M 01352-540300 Telephone Service Variable 1,695 1,780 1,869 1,962 2,060 2,163 2,271 2,385 2,504 2,630 2,761 192 O&M 01352-540900 Risk Mgmt Service 830 872 915 961 1,009 1,059 1,112 1,168 1,226 1,288 1,352 193 O&M 01352-541000 Info Technology Charge 60,030 63,032 66,183 69,492 72,967 76,615 80,446 84,468 88,692 93,126 97,783 194 O&M 01352-541100 Bldg & Maint Dept Svc Fx 72,530 76,157 79,964 83,963 88,161 92,569 97,197 102,057 107,160 112,518 118,144 195 O&M 01352-541200 Custodial Service 420 441 463 486 511 536 563 591 621 652 684 196 O&M 01352-541600 Bldg & Maint-Variable 80 84 88 93 97 102 107 113 118 124 130 197 O&M 01352-542000 Employee Benefits-Fixed 849 891 936 983 1,032 1,084 1,138 1,195 1,254 1,317 1,383 198 O&M 01352-542300 Gas,Water & Sanitation Utl 5,000 5,163 5,317 5,477 5,641 5,810 5,985 6,164 6,349 6,540 6,736 199 O&M 01352-542500 Postage 50 52 53 55 56 58 60 62 63 65 67 200 O&M 01352-542800 Interfd Other Serv Chgs 7,790 8,180 8,588 9,018 9,469 9,942 10,439 10,961 11,509 12,085 12,689 201 O&M 01352-542900 Interfd Admin Service Chg 58,710 61,646 64,728 67,964 71,362 74,930 78,677 82,611 86,741 91,078 95,632 202 O&M 01352-543400 Printing & Binding 100 103 106 110 113 116 120 123 127 131 135 203 O&M 01352-543700 Fees & Permits 500 516 532 548 564 581 598 616 635 654 674 204 O&M 01352-544100 Equipt Rental 500 516 532 548 564 581 598 616 635 654 674 205 O&M 01352-544600 Uniform Rental 3,000 3,098 3,190 3,286 3,385 3,486 3,591 3,699 3,810 3,924 4,042 206 O&M 01352-545100 Insurance 1,150 1,187 1,223 1,260 1,297 1,336 1,376 1,418 1,460 1,504 1,549 207 O&M 01352-546200 Other Equip Svc & Repair 5,000 5,163 5,317 5,477 5,641 5,810 5,985 6,164 6,349 6,540 6,736 208 O&M 01352-547100 Uniforms-Employee 1,000 1,033 1,063 1,095 1,128 1,162 1,197 1,233 1,270 1,308 1,347 209 O&M 01352-547200 Travel Expense-Emp 2,475 2,555 2,632 2,711 2,792 2,876 2,962 3,051 3,143 3,237 3,334 210 O&M 01352-547300 Mileage Reimbursement 200 207 213 219 226 232 239 247 254 262 269 211 O&M 01352-550100 Office Supplies 1,000 1,033 1,063 1,095 1,128 1,162 1,197 1,233 1,270 1,308 1,347 212 O&M 01352-550400 Operating Supplies & Matls 14,350 14,816 15,261 15,719 16,190 16,676 17,176 17,692 18,222 18,769 19,332 213 O&M 01352-551000 Lab Chem Supplies 10,000 10,325 10,635 10,954 11,282 11,621 11,970 12,329 12,698 13,079 13,472 214 O&M 01352-551300 Small Tools & Implements 1,000 1,033 1,063 1,095 1,128 1,162 1,197 1,233 1,270 1,308 1,347 215 O&M 01352-551500 Medical Supplies 500 516 532 548 564 581 598 616 635 654 674 216 O&M 01352-557100 Memberships/Subs/Lic Emp 150 155 160 164 169 174 180 185 190 196 202 217 O&M 01352-557300 Training & Ref Employee 1,500 1,549 1,595 1,643 1,692 1,743 1,795 1,849 1,905 1,962 2,021 218 Total WPC Laboratory Operations 541,276$ 562,375$ 591,204$ 624,361$ 652,057$ 683,415$ 717,450$ 752,700$ 789,759$ 828,723$ 869,695$ City of Clearwater | FY 2025 Water, Sewer, Irrigation and Reclaimed Water Revenue Sufficiency Analysis Appendix: Supporting Financial Schedules Projection of Cash Outflows Schedule 4 Account Code Expense Line Item1 FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 FY 2032 FY 2033 FY 2034 FY 2035 Industrial Pretreatment PlPersonnel Services219PS01353-510100 Full Time Salaries & Wages 460,108 483,113 507,269 532,633 559,264 587,227 616,589 647,418 679,789 713,779 749,467 220 PS 01353-510400 Special Pay 20,660 21,693 22,778 23,917 25,112 26,368 27,686 29,071 30,524 32,050 33,653 221 PS 01353-510500 Overtime 4,300 4,515 4,741 4,978 5,227 5,488 5,762 6,051 6,353 6,671 7,004 222 PS 01353-520100 Life Ins $2500 Empl & Pens 9 10 10 11 12 13 14 15 16 17 18 223 PS 01353-520300 Samp Life Insurance 288 309 332 357 384 412 443 476 512 551 592 224 PS 01353-520400 Major Medical Ins-Emp 73,152 78,419 84,300 90,623 97,420 104,726 112,581 121,024 130,101 139,858 150,348 225 PS 01353-520600 Social Security-Employee 6,664 6,997 7,347 7,714 8,100 8,505 8,930 9,377 9,846 10,338 10,855 226 PS 01353-520700 Emp Pension Plan 31,973 22,665 27,649 40,318 35,081 35,412 38,547 40,475 42,498 44,623 46,854 227 PS 01353-520900 Workers Compensation 2,980 3,129 3,285 3,450 3,622 3,803 3,993 4,193 4,403 4,623 4,854 228 PS 01353-522000 CWA Life 910 976 1,049 1,127 1,212 1,303 1,400 1,506 1,618 1,740 1,870 Operations and Maintenance 229 O&M 01353-530100 Professional Services 25,000 25,813 26,587 27,384 28,206 29,052 29,924 30,821 31,746 32,699 33,679 230 O&M 01353-530300 Other Contractual Serv 60,100 62,053 63,915 65,832 67,807 69,841 71,937 74,095 76,318 78,607 80,965 231 O&M 01353-542500 Postage 250 258 266 274 282 291 299 308 317 327 337 232 O&M 01353-542800 Interfd Other Serv Chgs 15,570 16,349 17,166 18,024 18,925 19,872 20,865 21,909 23,004 24,154 25,362 233 O&M 01353-542900 Interfd Admin Service Chg 117,420 123,291 129,456 135,928 142,725 149,861 157,354 165,222 173,483 182,157 191,265 234 O&M 01353-543100 Advertising 500 516 532 548 564 581 598 616 635 654 674 235 O&M 01353-543200 Other Promotion Activity 5,000 5,163 5,317 5,477 5,641 5,810 5,985 6,164 6,349 6,540 6,736 236 O&M 01353-543400 Printing & Binding 250 258 266 274 282 291 299 308 317 327 337 237 O&M 01353-544600 Uniform Rental 5,000 5,163 5,317 5,477 5,641 5,810 5,985 6,164 6,349 6,540 6,736 238 O&M 01353-545100 Insurance 13,950 14,403 14,835 15,281 15,739 16,211 16,697 17,198 17,714 18,246 18,793 239 O&M 01353-547100 Uniforms-Employee 1,000 1,033 1,063 1,095 1,128 1,162 1,197 1,233 1,270 1,308 1,347 240 O&M 01353-547200 Travel Expense-Emp 5,000 5,163 5,317 5,477 5,641 5,810 5,985 6,164 6,349 6,540 6,736 241 O&M 01353-547300 Mileage Reimbursement 200 207 213 219 226 232 239 247 254 262 269 242 O&M 01353-547400 Meals-Employee 200 207 213 219 226 232 239 247 254 262 269 243 O&M 01353-550100 Office Supplies 1,000 1,033 1,063 1,095 1,128 1,162 1,197 1,233 1,270 1,308 1,347 244 O&M 01353-550400 Operating Supplies & Matls 6,500 6,711 6,913 7,120 7,334 7,554 7,780 8,014 8,254 8,502 8,757 245 O&M 01353-551000 Lab Chem Supplies 800 826 851 876 903 930 958 986 1,016 1,046 1,078 246 O&M 01353-551300 Small Tools & Implements 1,000 1,033 1,063 1,095 1,128 1,162 1,197 1,233 1,270 1,308 1,347 247 O&M 01353-552500 $1,000-$4,999 Mach & Equip 8,000 8,260 8,508 8,763 9,026 9,297 9,576 9,863 10,159 10,464 10,777 248 O&M 01353-557100 Memberships/Subs/Lic Emp 915 945 973 1,002 1,032 1,063 1,095 1,128 1,162 1,197 1,233 249 O&M 01353-557300 Training & Ref Employee 5,320 5,493 5,658 5,827 6,002 6,182 6,368 6,559 6,756 6,958 7,167 250 O&M 01353-540100 Garage Services 14,100 14,805 15,545 16,323 17,139 17,996 18,895 19,840 20,832 21,874 22,967 251 O&M 01353-540300 Telephone Service Variable 3,955 4,153 4,360 4,578 4,807 5,048 5,300 5,565 5,843 6,136 6,442 252 O&M 01353-540500 Radio Svc-Fixed 1,180 1,239 1,301 1,366 1,434 1,506 1,581 1,660 1,743 1,831 1,922 253 O&M 01353-540700 Postal Service 150 158 165 174 182 191 201 211 222 233 244 254 O&M 01353-540900 Risk Mgmt Service 1,660 1,743 1,830 1,922 2,018 2,119 2,225 2,336 2,453 2,575 2,704 255 O&M 01353-541000 Info Technology Charge 79,260 83,223 87,384 91,753 96,341 101,158 106,216 111,527 117,103 122,958 129,106 256 O&M 01353-542000 Employee Benefits-Fixed 1,697 1,782 1,871 1,964 2,063 2,166 2,274 2,388 2,507 2,633 2,764 257 Total Industrial Pretreatment Pl 976,021$ 1,013,101$ 1,066,709$ 1,130,496$ 1,179,005$ 1,235,848$ 1,298,414$ 1,362,844$ 1,430,610$ 1,501,892$ 1,576,879$ WET Marshall Street PlantPersonnel Services258PS01354-510100 Full Time Salaries & Wages 891,545 936,122 982,928 1,032,075 1,083,679 1,137,862 1,194,756 1,254,493 1,317,218 1,383,079 1,452,233 259 PS 01354-510400 Special Pay 6,820 7,161 7,519 7,895 8,290 8,704 9,139 9,596 10,076 10,580 11,109 260 PS 01354-510500 Overtime 71,000 74,550 78,278 82,191 86,301 90,616 95,147 99,904 104,899 110,144 115,652 261 PS 01354-520400 Major Medical Ins-Emp 146,304 156,838 168,601 181,246 194,839 209,452 225,161 242,048 260,202 279,717 300,696 262 PS 01354-520600 Social Security-Employee 13,501 14,176 14,885 15,629 16,411 17,231 18,093 18,997 19,947 20,944 21,992 263 PS 01354-520700 Emp Pension Plan 64,581 45,294 55,253 80,571 70,107 70,767 77,033 80,885 84,929 89,176 93,634 264 PS 01354-520900 Workers Compensation 11,020 11,571 12,150 12,757 13,395 14,065 14,768 15,506 16,282 17,096 17,950 265 PS 01354-522000 CWA Life 2,366 2,536 2,727 2,931 3,151 3,387 3,641 3,914 4,208 4,524 4,863 Operations and Maintenance266O&M 01354-530100 Professional Services 50,000 51,625 53,174 54,769 56,412 58,104 59,848 61,643 63,492 65,397 67,359 267 O&M 01354-530300 Other Contractual Serv 774,700 799,878 823,874 848,590 874,048 900,269 927,278 955,096 983,749 1,013,261 1,043,659 268 O&M 01354-530400 Lot Mowing 35,960 37,129 38,243 39,390 40,572 41,789 43,042 44,334 45,664 47,034 48,445 269 O&M 01354-540100 Garage Services 59,760 62,748 65,885 69,180 72,639 76,271 80,084 84,088 88,293 92,707 97,343 270 O&M 01354-540500 Radio Svc-Fixed 1,770 1,859 1,951 2,049 2,151 2,259 2,372 2,491 2,615 2,746 2,883 271 O&M 01354-540700 Postal Service 100 105 110 116 122 128 134 141 148 155 163 272 O&M 01354-540900 Risk Mgmt Service 3,874 4,068 4,271 4,485 4,709 4,944 5,192 5,451 5,724 6,010 6,310 273 O&M 01354-541000 Info Technology Charge 89,590 94,070 98,773 103,712 108,897 114,342 120,059 126,062 132,365 138,983 145,933 274 O&M 01354-541100 Bldg & Maint Dept Svc Fx 246,240 258,552 271,480 285,054 299,306 314,272 329,985 346,484 363,809 381,999 401,099 275 O&M 01354-541200 Custodial Service 48,300 50,715 53,251 55,913 58,709 61,644 64,727 67,963 71,361 74,929 78,676 276 O&M 01354-541600 Bldg & Maint-Variable 2,000 2,100 2,205 2,315 2,431 2,553 2,680 2,814 2,955 3,103 3,258 277 O&M 01354-542000 Employee Benefits-Fixed 3,960 4,158 4,366 4,584 4,813 5,054 5,307 5,572 5,851 6,143 6,450 278 O&M 01354-542200 Elec-Util Charges 800,000 826,000 850,780 876,303 902,593 929,670 957,560 986,287 1,015,876 1,046,352 1,077,743 279 O&M 01354-542300 Gas,Water & Sanitation Utl 125,000 129,063 132,934 136,922 141,030 145,261 149,619 154,107 158,731 163,493 168,397 280 O&M 01354-542500 Postage 500 516 532 548 564 581 598 616 635 654 674 City of Clearwater | FY 2025 Water, Sewer, Irrigation and Reclaimed Water Revenue Sufficiency Analysis Appendix: Supporting Financial Schedules Projection of Cash Outflows Schedule 4 Account Code Expense Line Item1 FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 FY 2032 FY 2033 FY 2034 FY 2035 281 O&M 01354-542800 Interfd Other Serv Chgs 33,710 35,396 37,165 39,024 40,975 43,023 45,175 47,433 49,805 52,295 54,910 282 O&M 01354-542900 Interfd Admin Service Chg 254,410 267,131 280,487 294,511 309,237 324,699 340,934 357,980 375,879 394,673 414,407 283 O&M 01354-543100 Advertising 500 516 532 548 564 581 598 616 635 654 674 284 O&M 01354-543400 Printing & Binding 500 516 532 548 564 581 598 616 635 654 674 285 O&M 01354-543500 Dump Fee 500 516 532 548 564 581 598 616 635 654 674 286 O&M 01354-543700 Fees & Permits 7,800 8,054 8,295 8,544 8,800 9,064 9,336 9,616 9,905 10,202 10,508 287 O&M 01354-544100 Equipt Rental 65,000 67,113 69,126 71,200 73,336 75,536 77,802 80,136 82,540 85,016 87,567 288 O&M 01354-544600 Uniform Rental 10,000 10,325 10,635 10,954 11,282 11,621 11,970 12,329 12,698 13,079 13,472 289 O&M 01354-545100 Insurance 161,440 166,687 171,687 176,838 182,143 187,607 193,236 199,033 205,004 211,154 217,488 290 O&M 01354-546100 Ofc Equip Svc & Repair 250 258 266 274 282 291 299 308 317 327 337 291 O&M 01354-546200 Other Equip Svc & Repair 337,380 348,345 358,795 369,559 380,646 392,065 403,827 415,942 428,420 441,273 454,511 292 O&M 01354-547100 Uniforms-Employee 3,000 3,098 3,190 3,286 3,385 3,486 3,591 3,699 3,810 3,924 4,042 293 O&M 01354-547200 Travel Expense-Emp 4,000 4,130 4,254 4,382 4,513 4,648 4,788 4,931 5,079 5,232 5,389 294 O&M 01354-547300 Mileage Reimbursement 200 207 213 219 226 232 239 247 254 262 269 295 O&M 01354-547400 Meals-Employee 2,000 2,065 2,127 2,191 2,256 2,324 2,394 2,466 2,540 2,616 2,694 296 O&M 01354-550100 Office Supplies 2,000 2,065 2,127 2,191 2,256 2,324 2,394 2,466 2,540 2,616 2,694 297 O&M 01354-550400 Operating Supplies & Matls 803,500 829,614 854,502 880,137 906,541 933,738 961,750 990,602 1,020,320 1,050,930 1,082,458 298 O&M 01354-551000 Lab Chem Supplies 25,000 25,813 26,587 27,384 28,206 29,052 29,924 30,821 31,746 32,699 33,679 299 O&M 01354-551300 Small Tools & Implements 1,000 1,033 1,063 1,095 1,128 1,162 1,197 1,233 1,270 1,308 1,347 300 O&M 01354-551500 Medical Supplies 400 413 425 438 451 465 479 493 508 523 539 301 O&M 01354-551700 Bulk Chemicals 852,500 880,206 906,612 933,811 961,825 990,680 1,020,400 1,051,012 1,082,543 1,115,019 1,148,470 302 O&M 01354-557100 Memberships/Subs/Lic Emp 2,180 2,251 2,318 2,388 2,460 2,533 2,609 2,688 2,768 2,851 2,937 303 O&M 01354-557300 Training & Ref Employee 10,000 10,325 10,635 10,954 11,282 11,621 11,970 12,329 12,698 13,079 13,472 304 Total WET Marshall Street Plant 6,026,161$ 6,236,905$ 6,476,275$ 6,740,247$ 6,978,091$ 7,237,141$ 7,512,330$ 7,796,108$ 8,091,576$ 8,399,265$ 8,719,729$ WET Northeast PlantPersonnel Services 305 PS 01355-510100 Full Time Salaries & Wages 832,181 873,790 917,480 963,354 1,011,521 1,062,097 1,115,202 1,170,962 1,229,510 1,290,986 1,355,535 306 PS 01355-510400 Special Pay 6,820 7,161 7,519 7,895 8,290 8,704 9,139 9,596 10,076 10,580 11,109 307 PS 01355-510500 Overtime 76,000 79,800 83,790 87,980 92,378 96,997 101,847 106,940 112,287 117,901 123,796 308 PS 01355-510900 Special Acting Pay 2,840 2,982 3,131 3,288 3,452 3,625 3,806 3,996 4,196 4,406 4,626 309 PS 01355-520400 Major Medical Ins-Emp 169,236 181,421 195,028 209,655 225,379 242,282 260,453 279,987 300,986 323,560 347,827 310 PS 01355-520600 Social Security-Employee 12,504 13,129 13,786 14,475 15,199 15,959 16,757 17,594 18,474 19,398 20,368 311 PS 01355-520700 Emp Pension Plan 60,823 42,753 52,154 76,053 66,175 66,798 72,713 76,349 80,166 84,174 88,383 312 PS 01355-520900 Workers Compensation 9,440 9,912 10,408 10,928 11,474 12,048 12,651 13,283 13,947 14,645 15,377 313 PS 01355-522000 CWA Life 2,366 2,536 2,727 2,931 3,151 3,387 3,641 3,914 4,208 4,524 4,863 Operations and Maintenance 314 O&M 01355-530100 Professional Services 100,000 103,250 106,348 109,538 112,824 116,209 119,695 123,286 126,984 130,794 134,718 315 O&M 01355-530300 Other Contractual Serv 1,112,400 1,148,553 1,183,010 1,218,500 1,255,055 1,292,707 1,331,488 1,371,432 1,412,575 1,454,953 1,498,601 316 O&M 01355-530400 Lot Mowing 59,240 61,165 63,000 64,890 66,837 68,842 70,907 73,035 75,226 77,482 79,807 317 O&M 01355-540100 Garage Services 71,390 74,960 78,707 82,643 86,775 91,114 95,669 100,453 105,476 110,749 116,287 318 O&M 01355-540300 Telephone Service Variable 565 593 623 654 687 721 757 795 835 877 920 319 O&M 01355-540500 Radio Svc-Fixed 2,360 2,478 2,602 2,732 2,869 3,012 3,163 3,321 3,487 3,661 3,844 320 O&M 01355-540700 Postal Service 100 105 110 116 122 128 134 141 148 155 163 321 O&M 01355-540900 Risk Mgmt Service 3,320 3,486 3,660 3,843 4,035 4,237 4,449 4,672 4,905 5,150 5,408 322 O&M 01355-541000 Info Technology Charge 78,610 82,541 86,668 91,001 95,551 100,328 105,345 110,612 116,143 121,950 128,047 323 O&M 01355-541100 Bldg & Maint Dept Svc Fx 265,360 278,628 292,559 307,187 322,547 338,674 355,608 373,388 392,058 411,660 432,243 324 O&M 01355-541200 Custodial Service 16,380 17,199 18,059 18,962 19,910 20,905 21,951 23,048 24,201 25,411 26,681 325 O&M 01355-541600 Bldg & Maint-Variable 2,000 2,100 2,205 2,315 2,431 2,553 2,680 2,814 2,955 3,103 3,258 326 O&M 01355-542000 Employee Benefits-Fixed 3,394 3,564 3,742 3,929 4,125 4,332 4,548 4,776 5,014 5,265 5,528 327 O&M 01355-542200 Elec-Util Charges 1,000,000 1,032,500 1,063,475 1,095,379 1,128,241 1,162,088 1,196,950 1,232,859 1,269,845 1,307,940 1,347,178 328 O&M 01355-542300 Gas,Water & Sanitation Utl 150,000 154,875 159,521 164,307 169,236 174,313 179,543 184,929 190,477 196,191 202,077 329 O&M 01355-542500 Postage 700 723 744 767 790 813 838 863 889 916 943 330 O&M 01355-542800 Interfd Other Serv Chgs 34,000 35,700 37,485 39,359 41,327 43,394 45,563 47,841 50,233 52,745 55,382 331 O&M 01355-542900 Interfd Admin Service Chg 254,410 267,131 280,487 294,511 309,237 324,699 340,934 357,980 375,879 394,673 414,407 332 O&M 01355-543100 Advertising 500 516 532 548 564 581 598 616 635 654 674 333 O&M 01355-543400 Printing & Binding 500 516 532 548 564 581 598 616 635 654 674 334 O&M 01355-543500 Dump Fee 1,000 1,033 1,063 1,095 1,128 1,162 1,197 1,233 1,270 1,308 1,347 335 O&M 01355-543700 Fees & Permits 7,025 7,253 7,471 7,695 7,926 8,164 8,409 8,661 8,921 9,188 9,464 336 O&M 01355-544100 Equipt Rental 100,000 103,250 106,348 109,538 112,824 116,209 119,695 123,286 126,984 130,794 134,718 337 O&M 01355-544600 Uniform Rental 12,500 12,906 13,293 13,692 14,103 14,526 14,962 15,411 15,873 16,349 16,840 338 O&M 01355-545100 Insurance 195,660 202,019 208,080 214,322 220,752 227,374 234,195 241,221 248,458 255,912 263,589 339 O&M 01355-546100 Ofc Equip Svc & Repair 500 516 532 548 564 581 598 616 635 654 674 340 O&M 01355-546200 Other Equip Svc & Repair 455,000 469,788 483,881 498,398 513,349 528,750 544,612 560,951 577,779 595,113 612,966 341 O&M 01355-547100 Uniforms-Employee 3,000 3,098 3,190 3,286 3,385 3,486 3,591 3,699 3,810 3,924 4,042 342 O&M 01355-547200 Travel Expense-Emp 3,600 3,717 3,829 3,943 4,062 4,184 4,309 4,438 4,571 4,709 4,850 343 O&M 01355-547300 Mileage Reimbursement 200 207 213 219 226 232 239 247 254 262 269 344 O&M 01355-547400 Meals-Employee 2,000 2,065 2,127 2,191 2,256 2,324 2,394 2,466 2,540 2,616 2,694 345 O&M 01355-550100 Office Supplies 3,000 3,098 3,190 3,286 3,385 3,486 3,591 3,699 3,810 3,924 4,042 346 O&M 01355-550400 Operating Supplies & Matls 500,000 516,250 531,738 547,690 564,120 581,044 598,475 616,429 634,922 653,970 673,589 347 O&M 01355-551000 Lab Chem Supplies 31,000 32,008 32,968 33,957 34,975 36,025 37,105 38,219 39,365 40,546 41,763 City of Clearwater | FY 2025 Water, Sewer, Irrigation and Reclaimed Water Revenue Sufficiency Analysis Appendix: Supporting Financial Schedules Projection of Cash Outflows Schedule 4 Account Code Expense Line Item1 FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 FY 2032 FY 2033 FY 2034 FY 2035 348 O&M 01355-551300 Small Tools & Implements 1,500 1,549 1,595 1,643 1,692 1,743 1,795 1,849 1,905 1,962 2,021 349 O&M 01355-551500 Medical Supplies 500 516 532 548 564 581 598 616 635 654 674 350 O&M 01355-551700 Bulk Chemicals 976,250 1,007,978 1,038,217 1,069,364 1,101,445 1,134,488 1,168,523 1,203,579 1,239,686 1,276,877 1,315,183 351 O&M 01355-557100 Memberships/Subs/Lic Emp 1,500 1,549 1,595 1,643 1,692 1,743 1,795 1,849 1,905 1,962 2,021 352 O&M 01355-557300 Training & Ref Employee 10,000 10,325 10,635 10,954 11,282 11,621 11,970 12,329 12,698 13,079 13,472 353 Total WET Northeast Plant 6,631,674$ 6,863,190$ 7,120,587$ 7,402,297$ 7,660,477$ 7,939,852$ 8,235,684$ 8,540,897$ 8,858,471$ 9,188,958$ 9,532,941$ WET East PlantPersonnel Services 354 PS 01356-510100 Full Time Salaries & Wages 767,874 806,268 846,581 888,910 933,356 980,023 1,029,025 1,080,476 1,134,500 1,191,225 1,250,786 355 PS 01356-510400 Special Pay 6,820 7,161 7,519 7,895 8,290 8,704 9,139 9,596 10,076 10,580 11,109 356 PS 01356-510500 Overtime 130,000 136,500 143,325 150,491 158,016 165,917 174,212 182,923 192,069 201,673 211,756 357 PS 01356-520400 Major Medical Ins-Emp 129,080 138,374 148,752 159,908 171,901 184,794 198,653 213,552 229,569 246,787 265,296 358 PS 01356-520600 Social Security-Employee 12,551 13,179 13,837 14,529 15,256 16,019 16,820 17,661 18,544 19,471 20,444 359 PS 01356-520700 Emp Pension Plan 60,236 42,272 51,567 75,196 65,430 66,046 71,894 75,489 79,263 83,226 87,388 360 PS 01356-520900 Workers Compensation 7,870 8,264 8,677 9,111 9,566 10,044 10,547 11,074 11,628 12,209 12,819 361 PS 01356-522000 CWA Life 1,820 1,951 2,097 2,255 2,424 2,606 2,801 3,011 3,237 3,480 3,741 Operations and Maintenance362O&M 01356-530100 Professional Services 15,000 15,488 15,952 16,431 16,924 17,431 17,954 18,493 19,048 19,619 20,208 363 O&M 01356-530300 Other Contractual Serv 261,860 270,370 278,482 286,836 295,441 304,304 313,433 322,836 332,522 342,497 352,772 364 O&M 01356-530400 Lot Mowing 15,560 16,066 16,548 17,044 17,555 18,082 18,625 19,183 19,759 20,352 20,962 365 O&M 01356-540100 Garage Services 26,840 28,182 29,591 31,071 32,624 34,255 35,968 37,767 39,655 41,638 43,720 366 O&M 01356-540500 Radio Svc-Fixed 590 620 650 683 717 753 791 830 872 915 961 367 O&M 01356-540700 Postal Service 100 105 110 116 122 128 134 141 148 155 163 368 O&M 01356-540900 Risk Mgmt Service 2,767 2,905 3,051 3,203 3,363 3,531 3,708 3,893 4,088 4,293 4,507 369 O&M 01356-541000 Info Technology Charge 58,230 61,142 64,199 67,409 70,779 74,318 78,034 81,935 86,032 90,334 94,851 370 O&M 01356-541100 Bldg & Maint Dept Svc Fx 92,590 97,220 102,080 107,184 112,544 118,171 124,079 130,283 136,798 143,637 150,819 371 O&M 01356-541200 Custodial Service 7,410 7,781 8,170 8,578 9,007 9,457 9,930 10,427 10,948 11,495 12,070 372 O&M 01356-541600 Bldg & Maint-Variable 2,000 2,100 2,205 2,315 2,431 2,553 2,680 2,814 2,955 3,103 3,258 373 O&M 01356-542000 Employee Benefits-Fixed 2,828 2,969 3,118 3,274 3,437 3,609 3,790 3,979 4,178 4,387 4,607 374 O&M 01356-542200 Elec-Util Charges 425,000 438,813 451,977 465,536 479,502 493,887 508,704 523,965 539,684 555,875 572,551 375 O&M 01356-542300 Gas,Water & Sanitation Utl 35,000 36,138 37,222 38,338 39,488 40,673 41,893 43,150 44,445 45,778 47,151 376 O&M 01356-542500 Postage 500 516 532 548 564 581 598 616 635 654 674 377 O&M 01356-542800 Interfd Other Serv Chgs 25,920 27,216 28,577 30,006 31,506 33,081 34,735 36,472 38,296 40,210 42,221 378 O&M 01356-542900 Interfd Admin Service Chg 195,700 205,485 215,759 226,547 237,875 249,768 262,257 275,370 289,138 303,595 318,775 379 O&M 01356-543100 Advertising 500 516 532 548 564 581 598 616 635 654 674 380 O&M 01356-543400 Printing & Binding 500 516 532 548 564 581 598 616 635 654 674 381 O&M 01356-543500 Dump Fee 500 516 532 548 564 581 598 616 635 654 674 382 O&M 01356-543700 Fees & Permits 6,500 6,711 6,913 7,120 7,334 7,554 7,780 8,014 8,254 8,502 8,757 383 O&M 01356-544100 Equipt Rental 30,000 30,975 31,904 32,861 33,847 34,863 35,909 36,986 38,095 39,238 40,415 384 O&M 01356-544600 Uniform Rental 6,000 6,195 6,381 6,572 6,769 6,973 7,182 7,397 7,619 7,848 8,083 385 O&M 01356-545100 Insurance 67,200 69,384 71,466 73,609 75,818 78,092 80,435 82,848 85,334 87,894 90,530 386 O&M 01356-546100 Ofc Equip Svc & Repair 250 258 266 274 282 291 299 308 317 327 337 387 O&M 01356-546200 Other Equip Svc & Repair 160,000 165,200 170,156 175,261 180,519 185,934 191,512 197,257 203,175 209,270 215,549 388 O&M 01356-547100 Uniforms-Employee 2,000 2,065 2,127 2,191 2,256 2,324 2,394 2,466 2,540 2,616 2,694 389 O&M 01356-547200 Travel Expense-Emp 1,600 1,652 1,702 1,753 1,805 1,859 1,915 1,973 2,032 2,093 2,155 390 O&M 01356-547300 Mileage Reimbursement 250 258 266 274 282 291 299 308 317 327 337 391 O&M 01356-547400 Meals-Employee 4,000 4,130 4,254 4,382 4,513 4,648 4,788 4,931 5,079 5,232 5,389 392 O&M 01356-550100 Office Supplies 1,500 1,549 1,595 1,643 1,692 1,743 1,795 1,849 1,905 1,962 2,021 393 O&M 01356-550400 Operating Supplies & Matls 300,000 309,750 319,043 328,614 338,472 348,626 359,085 369,858 380,953 392,382 404,153 394 O&M 01356-551000 Lab Chem Supplies 50,000 51,625 53,174 54,769 56,412 58,104 59,848 61,643 63,492 65,397 67,359 395 O&M 01356-551300 Small Tools & Implements 1,500 1,549 1,595 1,643 1,692 1,743 1,795 1,849 1,905 1,962 2,021 396 O&M 01356-551500 Medical Supplies 500 516 532 548 564 581 598 616 635 654 674 397 O&M 01356-551700 Bulk Chemicals 320,000 330,400 340,312 350,521 361,037 371,868 383,024 394,515 406,350 418,541 431,097 398 O&M 01356-557100 Memberships/Subs/Lic Emp 1,500 1,549 1,595 1,643 1,692 1,743 1,795 1,849 1,905 1,962 2,021 399 O&M 01356-557300 Training & Ref Employee 6,000 6,195 6,381 6,572 6,769 6,973 7,182 7,397 7,619 7,848 8,083 400 Total WET East Plant 3,244,446$ 3,358,591$ 3,501,832$ 3,665,306$ 3,801,567$ 3,954,689$ 4,119,837$ 4,289,852$ 4,467,516$ 4,653,201$ 4,847,302$ Water DistributionPersonnel Services401PS02051-510100 Full Time Salaries & Wages 2,354,767 2,472,505 2,596,131 2,725,937 2,862,234 3,005,346 3,155,613 3,313,394 3,479,063 3,653,016 3,835,667 402 PS 02051-510400 Special Pay 41,320 43,386 45,555 47,833 50,225 52,736 55,373 58,141 61,048 64,101 67,306 403 PS 02051-510500 Overtime 142,000 149,100 156,555 164,383 172,602 181,232 190,294 199,808 209,799 220,289 231,303 404 PS 02051-520100 Life Ins $2500 Empl & Pens 18 19 21 22 24 26 28 30 32 34 37 405 PS 02051-520300 Samp Life Insurance 674 723 777 835 898 965 1,037 1,115 1,199 1,289 1,385 406 PS 02051-520400 Major Medical Ins-Emp 484,759 519,662 558,636 600,534 645,574 693,992 746,042 801,995 862,144 926,805 996,315 407 PS 02051-520600 Social Security-Employee 40,072 42,076 44,179 46,388 48,708 51,143 53,700 56,385 59,205 62,165 65,273 408 PS 02051-520700 Emp Pension Plan 167,187 118,592 144,669 210,959 183,561 185,289 201,696 211,781 222,370 233,488 245,163 409 PS 02051-520900 Workers Compensation 20,400 21,420 22,491 23,616 24,796 26,036 27,338 28,705 30,140 31,647 33,229 410 PS 02051-521000 Disability Insurance 347 372 400 430 462 497 534 574 617 663 713 411 PS 02051-522000 CWA Life 6,552 7,024 7,551 8,117 8,726 9,380 10,083 10,840 11,653 12,527 13,466 City of Clearwater | FY 2025 Water, Sewer, Irrigation and Reclaimed Water Revenue Sufficiency Analysis Appendix: Supporting Financial Schedules Projection of Cash Outflows Schedule 4 Account Code Expense Line Item1 FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 FY 2032 FY 2033 FY 2034 FY 2035 Operations and Maintenance412O&M 02051-530100 Professional Services 45,000 46,463 47,856 49,292 50,771 52,294 53,863 55,479 57,143 58,857 60,623 413 O&M 02051-530300 Other Contractual Serv 25,400 26,226 27,012 27,823 28,657 29,517 30,403 31,315 32,254 33,222 34,218 414 O&M 02051-540100 Garage Services 483,070 507,224 532,585 559,214 587,175 616,533 647,360 679,728 713,714 749,400 786,870 415 O&M 02051-540300 Telephone Service Variable 9,605 10,085 10,590 11,119 11,675 12,259 12,872 13,515 14,191 14,901 15,646 416 O&M 02051-540400 Messenger Service 1,636 1,718 1,804 1,894 1,989 2,088 2,192 2,302 2,417 2,538 2,665 417 O&M 02051-540500 Radio Svc-Fixed 26,190 27,500 28,874 30,318 31,834 33,426 35,097 36,852 38,695 40,629 42,661 418 O&M 02051-540900 Risk Mgmt Service 10,237 10,749 11,286 11,851 12,443 13,065 13,719 14,404 15,125 15,881 16,675 419 O&M 02051-541000 Info Technology Charge 268,220 281,631 295,713 310,498 326,023 342,324 359,440 377,412 396,283 416,097 436,902 420 O&M 02051-541500 Garage Variable 50,000 52,500 55,125 57,881 60,775 63,814 67,005 70,355 73,873 77,566 81,445 421 O&M 02051-541600 Bldg & Maint-Variable 1,000 1,050 1,103 1,158 1,216 1,276 1,340 1,407 1,477 1,551 1,629 422 O&M 02051-541800 Administrative Charge 1,185,850 1,245,143 1,307,400 1,372,770 1,441,408 1,513,478 1,589,152 1,668,610 1,752,041 1,839,643 1,931,625 423 O&M 02051-542000 Employee Benefits-Fixed 10,465 10,988 11,538 12,115 12,720 13,356 14,024 14,725 15,462 16,235 17,046 424 O&M 02051-542100 Telephone-Util Chgs 4,500 4,646 4,786 4,929 5,077 5,229 5,386 5,548 5,714 5,886 6,062 425 O&M 02051-542500 Postage 100 103 106 110 113 116 120 123 127 131 135 426 O&M 02051-542700 Interfd Svc Chg-Other Fund 112,160 117,768 123,656 129,839 136,331 143,148 150,305 157,820 165,711 173,997 182,697 427 O&M 02051-542800 Interfd Other Serv Chgs 272,410 286,031 300,332 315,349 331,116 347,672 365,055 383,308 402,474 422,597 443,727 428 O&M 02051-542900 Interfd Admin Service Chg 743,650 780,833 819,874 860,868 903,911 949,107 996,562 1,046,390 1,098,710 1,153,645 1,211,327 429 O&M 02051-543100 Advertising 1,000 1,033 1,063 1,095 1,128 1,162 1,197 1,233 1,270 1,308 1,347 430 O&M 02051-543200 Other Promotion Activity 45,000 46,463 47,856 49,292 50,771 52,294 53,863 55,479 57,143 58,857 60,623 431 O&M 02051-543400 Printing & Binding 4,000 4,130 4,254 4,382 4,513 4,648 4,788 4,931 5,079 5,232 5,389 432 O&M 02051-543700 Fees & Permits 2,200 2,272 2,340 2,410 2,482 2,557 2,633 2,712 2,794 2,877 2,964 433 O&M 02051-544100 Equipt Rental 4,000 4,130 4,254 4,382 4,513 4,648 4,788 4,931 5,079 5,232 5,389 434 O&M 02051-544600 Uniform Rental 25,000 25,813 26,587 27,384 28,206 29,052 29,924 30,821 31,746 32,699 33,679 435 O&M 02051-545100 Insurance 382,700 395,138 406,992 419,202 431,778 444,731 458,073 471,815 485,970 500,549 515,565 436 O&M 02051-546200 Other Equip Svc & Repair 10,000 10,325 10,635 10,954 11,282 11,621 11,970 12,329 12,698 13,079 13,472 437 O&M 02051-546900 R & R Infrastructure 120,000 123,900 127,617 131,446 135,389 139,451 143,634 147,943 152,381 156,953 161,661 438 O&M 02051-547100 Uniforms-Employee 10,000 10,325 10,635 10,954 11,282 11,621 11,970 12,329 12,698 13,079 13,472 439 O&M 02051-547200 Travel Expense-Emp 7,500 7,744 7,976 8,215 8,462 8,716 8,977 9,246 9,524 9,810 10,104 440 O&M 02051-547300 Mileage Reimbursement 250 258 266 274 282 291 299 308 317 327 337 441 O&M 02051-547400 Meals-Employee 1,000 1,033 1,063 1,095 1,128 1,162 1,197 1,233 1,270 1,308 1,347 442 O&M 02051-550100 Office Supplies 3,000 3,098 3,190 3,286 3,385 3,486 3,591 3,699 3,810 3,924 4,042 443 O&M 02051-550400 Operating Supplies & Matls 558,000 576,135 593,419 611,222 629,558 648,445 667,898 687,935 708,573 729,831 751,725 444 O&M 02051-551000 Lab Chem Supplies 1,000 1,033 1,063 1,095 1,128 1,162 1,197 1,233 1,270 1,308 1,347 445 O&M 02051-551300 Small Tools & Implements 25,000 25,813 26,587 27,384 28,206 29,052 29,924 30,821 31,746 32,699 33,679 446 O&M 02051-551500 Medical Supplies 500 516 532 548 564 581 598 616 635 654 674 447 O&M 02051-557100 Memberships/Subs/Lic Emp 10,320 10,655 10,975 11,304 11,643 11,993 12,353 12,723 13,105 13,498 13,903 448 O&M 02051-557300 Training & Ref Employee 31,405 32,426 33,398 34,400 35,432 36,495 37,590 38,718 39,879 41,076 42,308 Capital Outlay 449 CO 02051-591000 Contrib To Garage Fund 20,000 21,000 22,050 23,153 24,310 25,526 26,802 28,142 29,549 31,027 32,578 450 CO 02051-571500 Principal-Interfund Loans 25,290 25,290 25,290 25,290 25,290 25,290 25,290 25,290 25,290 25,290 25,290 451 CO 02051-572200 Interest Other 30,000 30,000 30,000 30,000 30,000 30,000 30,000 30,000 30,000 30,000 30,000 452 CO 02051-572500 Interest-Interfund Loans 1,800 1,800 1,800 1,800 1,800 1,800 1,800 1,800 1,800 1,800 1,800 453 Total Water Distribution 7,826,554$ 8,145,859$ 8,556,447$ 9,026,647$ 9,423,577$ 9,871,128$ 10,355,988$ 10,858,351$ 11,386,308$ 11,941,215$ 12,524,506$ Water SupplyPersonnel Services454PS02053-510100 Full Time Salaries & Wages 353,258 370,921 389,467 408,940 429,387 450,857 473,400 497,069 521,923 548,019 575,420 455 PS 02053-510400 Special Pay 2,600 2,730 2,867 3,010 3,160 3,318 3,484 3,658 3,841 4,033 4,235 456 PS 02053-510500 Overtime 5,000 5,250 5,513 5,788 6,078 6,381 6,700 7,036 7,387 7,757 8,144 457 PS 02053-520100 Life Ins $2500 Empl & Pens 18 19 21 22 24 26 28 30 32 34 37 458 PS 02053-520300 Samp Life Insurance 726 778 837 899 967 1,039 1,117 1,201 1,291 1,388 1,492 459 PS 02053-520400 Major Medical Ins-Emp 60,228 64,564 69,407 74,612 80,208 86,224 92,691 99,642 107,116 115,149 123,785 460 PS 02053-520600 Social Security-Employee 4,790 5,030 5,281 5,545 5,822 6,113 6,419 6,740 7,077 7,431 7,802 461 PS 02053-520700 Emp Pension Plan 24,599 16,861 20,569 29,994 26,098 26,344 28,677 30,110 31,616 33,197 34,857 462 PS 02053-520900 Workers Compensation 1,830 1,922 2,018 2,118 2,224 2,336 2,452 2,575 2,704 2,839 2,981 463 PS 02053-521000 Disability Insurance 324 347 373 401 431 464 499 536 576 619 666 464 PS 02053-522000 CWA Life 364 390 419 451 485 521 560 602 647 696 748 Operations and Maintenance465O&M 02053-530100 Professional Services 25,000 25,813 26,587 27,384 28,206 29,052 29,924 30,821 31,746 32,699 33,679 466 O&M 02053-530300 Other Contractual Serv 80,000 82,600 85,078 87,630 90,259 92,967 95,756 98,629 101,588 104,635 107,774 467 O&M 02053-530400 Lot Mowing 14,320 14,785 15,229 15,686 16,156 16,641 17,140 17,655 18,184 18,730 19,292 468 PWC 02053-531100 Inv Purchase-Resale 8,111,706 7,717,281 7,996,170 8,283,084 8,578,101 8,881,283 4,470,633 3,718,611 3,904,541 4,099,768 4,304,757 469 O&M 02053-540100 Garage Services 18,530 19,457 20,429 21,451 22,523 23,649 24,832 26,074 27,377 28,746 30,183 470 O&M 02053-540300 Telephone Service Variable 5,085 5,339 5,606 5,887 6,181 6,490 6,814 7,155 7,513 7,889 8,283 471 O&M 02053-540500 Radio Svc-Fixed 590 620 650 683 717 753 791 830 872 915 961 472 O&M 02053-540900 Risk Mgmt Service 1,107 1,162 1,220 1,281 1,346 1,413 1,483 1,558 1,636 1,717 1,803 473 O&M 02053-541000 Info Technology Charge 108,980 114,429 120,150 126,158 132,466 139,089 146,044 153,346 161,013 169,064 177,517 474 O&M 02053-541100 Bldg & Maint Dept Svc Fx 4,690 4,925 5,171 5,429 5,701 5,986 6,285 6,599 6,929 7,276 7,640 475 O&M 02053-541500 Garage Variable 20,000 21,000 22,050 23,153 24,310 25,526 26,802 28,142 29,549 31,027 32,578 City of Clearwater | FY 2025 Water, Sewer, Irrigation and Reclaimed Water Revenue Sufficiency Analysis Appendix: Supporting Financial Schedules Projection of Cash Outflows Schedule 4 Account Code Expense Line Item1 FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 FY 2032 FY 2033 FY 2034 FY 2035 476 O&M 02053-542000 Employee Benefits-Fixed 1,131 1,188 1,247 1,309 1,375 1,443 1,516 1,591 1,671 1,755 1,842 477 O&M 02053-542200 Elec-Util Charges 4,000 4,130 4,254 4,382 4,513 4,648 4,788 4,931 5,079 5,232 5,389 478 O&M 02053-542700 Interfd Svc Chg-Other Fund 22,520 23,646 24,828 26,070 27,373 28,742 30,179 31,688 33,272 34,936 36,683 479 O&M 02053-542800 Interfd Other Serv Chgs 10,380 10,899 11,444 12,016 12,617 13,248 13,910 14,606 15,336 16,103 16,908 480 O&M 02053-542900 Interfd Admin Service Chg 78,280 82,194 86,304 90,619 95,150 99,907 104,903 110,148 115,655 121,438 127,510 481 O&M 02053-543100 Advertising 1,000 1,033 1,063 1,095 1,128 1,162 1,197 1,233 1,270 1,308 1,347 482 O&M 02053-543200 Other Promotion Activity 2,000 2,065 2,127 2,191 2,256 2,324 2,394 2,466 2,540 2,616 2,694 483 O&M 02053-543400 Printing & Binding 500 516 532 548 564 581 598 616 635 654 674 484 O&M 02053-543700 Fees & Permits 6,075 6,272 6,461 6,654 6,854 7,060 7,271 7,490 7,714 7,946 8,184 485 O&M 02053-544100 Equipt Rental 1,500 1,549 1,595 1,643 1,692 1,743 1,795 1,849 1,905 1,962 2,021 486 O&M 02053-544600 Uniform Rental 2,000 2,065 2,127 2,191 2,256 2,324 2,394 2,466 2,540 2,616 2,694 487 O&M 02053-545100 Insurance 138,800 143,311 147,610 152,039 156,600 161,298 166,137 171,121 176,254 181,542 186,988 488 O&M 02053-547100 Uniforms-Employee 900 929 957 986 1,015 1,046 1,077 1,110 1,143 1,177 1,212 489 O&M 02053-547200 Travel Expense-Emp 2,000 2,065 2,127 2,191 2,256 2,324 2,394 2,466 2,540 2,616 2,694 490 O&M 02053-547300 Mileage Reimbursement 100 103 106 110 113 116 120 123 127 131 135 491 O&M 02053-547400 Meals-Employee 100 103 106 110 113 116 120 123 127 131 135 492 O&M 02053-550100 Office Supplies 1,000 1,033 1,063 1,095 1,128 1,162 1,197 1,233 1,270 1,308 1,347 493 O&M 02053-550400 Operating Supplies & Matls 25,000 25,813 26,587 27,384 28,206 29,052 29,924 30,821 31,746 32,699 33,679 494 O&M 02053-551000 Lab Chem Supplies 2,500 2,581 2,659 2,738 2,821 2,905 2,992 3,082 3,175 3,270 3,368 495 O&M 02053-551300 Small Tools & Implements 1,000 1,033 1,063 1,095 1,128 1,162 1,197 1,233 1,270 1,308 1,347 496 O&M 02053-551500 Medical Supplies 500 516 532 548 564 581 598 616 635 654 674 497 O&M 02053-557100 Memberships/Subs/Lic Emp 2,250 2,323 2,393 2,465 2,539 2,615 2,693 2,774 2,857 2,943 3,031 498 O&M 02053-557300 Training & Ref Employee 2,350 2,426 2,499 2,574 2,651 2,731 2,813 2,897 2,984 3,074 3,166 499 Total Water Supply 9,149,631$ 8,794,016$ 9,124,797$ 9,471,660$ 9,815,765$ 10,174,764$ 5,824,738$ 5,135,303$ 5,386,903$ 5,651,044$ 5,928,358$ City of Clearwater | FY 2025 Water, Sewer, Irrigation and Reclaimed Water Revenue Sufficiency Analysis Appendix: Supporting Financial Schedules Projection of Cash Outflows Schedule 4 Account Code Expense Line Item1 FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 FY 2032 FY 2033 FY 2034 FY 2035 Reclaimed WaterPersonnel Services 500 PS 02054-510100 Full Time Salaries & Wages 926,295 972,610 1,021,240 1,072,302 1,125,917 1,182,213 1,241,324 1,303,390 1,368,560 1,436,988 1,508,837 501 PS 02054-510400 Special Pay 20,660 21,693 22,778 23,917 25,112 26,368 27,686 29,071 30,524 32,050 33,653 502 PS 02054-510500 Overtime 49,000 51,450 54,023 56,724 59,560 62,538 65,665 68,948 72,395 76,015 79,816 503 PS 02054-520100 Life Ins $2500 Empl & Pens 9 10 10 11 12 13 14 15 16 17 18 504 PS 02054-520300 Samp Life Insurance 350 375 403 434 466 501 539 579 622 669 719 505 PS 02054-520400 Major Medical Ins-Emp 194,340 208,332 223,957 240,754 258,811 278,222 299,088 321,520 345,634 371,556 399,423 506 PS 02054-520600 Social Security-Employee 13,777 14,466 15,189 15,949 16,746 17,583 18,462 19,386 20,355 21,373 22,441 507 PS 02054-520700 Emp Pension Plan 67,419 46,536 56,769 82,781 72,030 72,708 79,146 83,104 87,259 91,622 96,203 508 PS 02054-520900 Workers Compensation 15,800 16,590 17,420 18,290 19,205 20,165 21,174 22,232 23,344 24,511 25,737 509 PS 02054-522000 CWA Life 2,548 2,731 2,936 3,157 3,393 3,648 3,921 4,215 4,532 4,871 5,237 Operations and Maintenance510O&M 02054-530100 Professional Services 20,000 20,650 21,270 21,908 22,565 23,242 23,939 24,657 25,397 26,159 26,944 511 O&M 02054-530300 Other Contractual Serv 5,560 5,741 5,913 6,090 6,273 6,461 6,655 6,855 7,060 7,272 7,490 512 O&M 02054-540100 Garage Services 95,000 99,750 104,738 109,974 115,473 121,247 127,309 133,675 140,358 147,376 154,745 513 O&M 02054-540300 Telephone Service Variable 5,650 5,933 6,229 6,541 6,868 7,211 7,572 7,950 8,348 8,765 9,203 514 O&M 02054-540500 Radio Svc-Fixed 10,020 10,521 11,047 11,599 12,179 12,788 13,428 14,099 14,804 15,544 16,322 515 O&M 02054-540900 Risk Mgmt Service 4,150 4,358 4,575 4,804 5,044 5,297 5,561 5,839 6,131 6,438 6,760 516 O&M 02054-541000 Info Technology Charge 121,250 127,313 133,678 140,362 147,380 154,749 162,487 170,611 179,141 188,099 197,503 517 O&M 02054-541500 Garage Variable 20,000 21,000 22,050 23,153 24,310 25,526 26,802 28,142 29,549 31,027 32,578 518 O&M 02054-541800 Administrative Charge 290,870 305,414 320,684 336,718 353,554 371,232 389,794 409,283 429,747 451,235 473,797 519 O&M 02054-542000 Employee Benefits-Fixed 4,243 4,455 4,678 4,912 5,157 5,415 5,686 5,970 6,269 6,582 6,911 520 O&M 02054-542500 Postage 100 103 106 110 113 116 120 123 127 131 135 521 O&M 02054-542800 Interfd Other Serv Chgs 38,890 40,835 42,876 45,020 47,271 49,635 52,116 54,722 57,458 60,331 63,348 522 O&M 02054-542900 Interfd Admin Service Chg 293,550 308,228 323,639 339,821 356,812 374,652 393,385 413,054 433,707 455,392 478,162 523 O&M 02054-543100 Advertising 500 516 532 548 564 581 598 616 635 654 674 524 O&M 02054-543400 Printing & Binding 2,000 2,065 2,127 2,191 2,256 2,324 2,394 2,466 2,540 2,616 2,694 525 O&M 02054-543900 Other Refunds 1,000 1,033 1,063 1,095 1,128 1,162 1,197 1,233 1,270 1,308 1,347 526 O&M 02054-544600 Uniform Rentals 13,000 13,423 13,825 14,240 14,667 15,107 15,560 16,027 16,508 17,003 17,513 527 O&M 02054-545100 Insurance 311,140 321,252 330,890 340,816 351,041 361,572 372,419 383,592 395,100 406,952 419,161 528 O&M 02054-546200 Other Equip Svc & Repair 2,400 2,478 2,552 2,629 2,708 2,789 2,873 2,959 3,048 3,139 3,233 529 O&M 02054-547100 Uniforms-Employee 6,000 6,195 6,381 6,572 6,769 6,973 7,182 7,397 7,619 7,848 8,083 530 O&M 02054-547200 Travel Expense-Emp 4,150 4,285 4,413 4,546 4,682 4,823 4,967 5,116 5,270 5,428 5,591 531 O&M 02054-547300 Mileage Reimbursement 300 310 319 329 338 349 359 370 381 392 404 532 O&M 02054-547400 Meals-Employee 550 568 585 602 621 639 658 678 698 719 741 533 O&M 02054-550100 Office Supplies 1,000 1,033 1,063 1,095 1,128 1,162 1,197 1,233 1,270 1,308 1,347 534 O&M 02054-550400 Operating Supplies & Matls 150,000 154,875 159,521 164,307 169,236 174,313 179,543 184,929 190,477 196,191 202,077 535 O&M 02054-551300 Small Tools & Implements 12,000 12,390 12,762 13,145 13,539 13,945 14,363 14,794 15,238 15,695 16,166 536 O&M 02054-551500 Medical Supplies 800 826 851 876 903 930 958 986 1,016 1,046 1,078 537 O&M 02054-557100 Memberships/Subs/Lic Emp 1,090 1,125 1,159 1,194 1,230 1,267 1,305 1,344 1,384 1,426 1,468 538 O&M 02054-557300 Training & Ref Employee 15,000 15,488 15,952 16,431 16,924 17,431 17,954 18,493 19,048 19,619 20,208 Capital Outlay539CO02054-572200 Interest Other 500 500 500 500 500 500 500 500 500 500 500 540 Total Reclaimed Water 2,720,911$ 2,827,452$ 2,970,704$ 3,136,446$ 3,272,487$ 3,427,396$ 3,595,900$ 3,770,174$ 3,953,339$ 4,145,869$ 4,348,267$ Water Supply RO 1Personnel Services541PS02056-510100 Full Time Salaries & Wages 501,584 526,663 552,996 580,646 609,678 640,162 672,171 705,779 741,068 778,121 817,027 542 PS 02056-510400 Special Pay 30,990 32,540 34,166 35,875 37,669 39,552 41,530 43,606 45,786 48,076 50,479 543 PS 02056-510500 Overtime 48,000 50,400 52,920 55,566 58,344 61,262 64,325 67,541 70,918 74,464 78,187 544 PS 02056-520400 Major Medical Ins-Emp 92,504 99,164 106,602 114,597 123,191 132,431 142,363 153,040 164,518 176,857 190,122 545 PS 02056-520600 Social Security-Employee 7,889 8,283 8,698 9,133 9,589 10,069 10,572 11,101 11,656 12,238 12,850 546 PS 02056-520700 Emp Pension Plan 37,590 27,127 33,092 48,256 41,989 42,384 46,137 48,444 50,866 53,409 56,080 547 PS 02056-520900 Workers Compensation 3,670 3,854 4,046 4,248 4,461 4,684 4,918 5,164 5,422 5,693 5,978 548 PS 02056-522000 CWA Life 1,274 1,366 1,468 1,578 1,697 1,824 1,961 2,108 2,266 2,436 2,618 Operations and Maintenance 549 O&M 02056-530100 Professional Services 10,000 10,325 10,635 10,954 11,282 11,621 11,970 12,329 12,698 13,079 13,472 550 O&M 02056-530300 Other Contractual Serv 198,600 205,055 211,206 217,542 224,069 230,791 237,714 244,846 252,191 259,757 267,550 551 O&M 02056-530400 Lot Mowing 13,960 14,414 14,846 15,291 15,750 16,223 16,709 17,211 17,727 18,259 18,807 552 O&M 02056-540100 Garage Services 19,330 20,297 21,311 22,377 23,496 24,671 25,904 27,199 28,559 29,987 31,487 553 O&M 02056-540300 Telephone Service Variable 1,130 1,187 1,246 1,308 1,374 1,442 1,514 1,590 1,670 1,753 1,841 554 O&M 02056-540500 Radio Svc-Fixed 1,770 1,859 1,951 2,049 2,151 2,259 2,372 2,491 2,615 2,746 2,883 555 O&M 02056-540900 Risk Mgmt Service 2,214 2,325 2,441 2,563 2,691 2,826 2,967 3,115 3,271 3,435 3,606 556 O&M 02056-541000 Info Technology Charge 59,740 62,727 65,863 69,157 72,614 76,245 80,057 84,060 88,263 92,676 97,310 557 O&M 02056-541100 Bldg & Maint Dept Svc Fx 72,720 76,356 80,174 84,182 88,392 92,811 97,452 102,324 107,441 112,813 118,453 558 O&M 02056-541200 Custodial Service 7,870 8,264 8,677 9,111 9,566 10,044 10,547 11,074 11,628 12,209 12,819 559 O&M 02056-541600 Bldg & Maint-Variable 80 84 88 93 97 102 107 113 118 124 130 560 O&M 02056-542000 Employee Benefits-Fixed 2,263 2,376 2,495 2,620 2,751 2,888 3,033 3,184 3,343 3,511 3,686 561 O&M 02056-542200 Elec-Util Charges 700,000 722,750 744,433 766,765 789,768 813,461 837,865 863,001 888,891 915,558 943,025 562 O&M 02056-542300 Gas,Water & Sanitation Utl 5,500 5,679 5,849 6,025 6,205 6,391 6,583 6,781 6,984 7,194 7,409 City of Clearwater | FY 2025 Water, Sewer, Irrigation and Reclaimed Water Revenue Sufficiency Analysis Appendix: Supporting Financial Schedules Projection of Cash Outflows Schedule 4 Account Code Expense Line Item1 FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 FY 2032 FY 2033 FY 2034 FY 2035 563 O&M 02056-542500 Postage 200 207 213 219 226 232 239 247 254 262 269 564 O&M 02056-542800 Interfd Other Serv Chgs 18,150 19,058 20,010 21,011 22,061 23,165 24,323 25,539 26,816 28,157 29,564 565 O&M 02056-542900 Interfd Admin Service Chg 136,990 143,840 151,031 158,583 166,512 174,838 183,580 192,759 202,397 212,516 223,142 566 O&M 02056-543100 Advertising 500 516 532 548 564 581 598 616 635 654 674 567 O&M 02056-543200 Other Promotion Activity 3,000 3,098 3,190 3,286 3,385 3,486 3,591 3,699 3,810 3,924 4,042 568 O&M 02056-543400 Printing & Binding 500 516 532 548 564 581 598 616 635 654 674 569 O&M 02056-543500 Dump Fee 10,000 10,325 10,635 10,954 11,282 11,621 11,970 12,329 12,698 13,079 13,472 570 O&M 02056-544100 Equipt Rental 7,500 7,744 7,976 8,215 8,462 8,716 8,977 9,246 9,524 9,810 10,104 571 O&M 02056-544600 Uniform Rental 6,000 6,195 6,381 6,572 6,769 6,973 7,182 7,397 7,619 7,848 8,083 572 O&M 02056-545100 Insurance 4,000 4,130 4,254 4,382 4,513 4,648 4,788 4,931 5,079 5,232 5,389 573 O&M 02056-546200 Other Equip Svc & Repair 60,000 61,950 63,809 65,723 67,694 69,725 71,817 73,972 76,191 78,476 80,831 574 O&M 02056-547100 Uniforms-Employee 1,500 1,549 1,595 1,643 1,692 1,743 1,795 1,849 1,905 1,962 2,021 575 O&M 02056-547200 Travel Expense-Emp 2,000 2,065 2,127 2,191 2,256 2,324 2,394 2,466 2,540 2,616 2,694 576 O&M 02056-547300 Mileage Reimbursement 200 207 213 219 226 232 239 247 254 262 269 577 O&M 02056-547400 Meals-Employee 200 207 213 219 226 232 239 247 254 262 269 578 O&M 02056-550100 Office Supplies 1,500 1,549 1,595 1,643 1,692 1,743 1,795 1,849 1,905 1,962 2,021 579 O&M 02056-550400 Operating Supplies & Matls 485,000 500,763 515,785 531,259 547,197 563,613 580,521 597,937 615,875 634,351 653,381 580 O&M 02056-551000 Lab Chem Supplies 25,000 25,813 26,587 27,384 28,206 29,052 29,924 30,821 31,746 32,699 33,679 581 O&M 02056-551300 Small Tools & Implements 3,000 3,098 3,190 3,286 3,385 3,486 3,591 3,699 3,810 3,924 4,042 582 O&M 02056-551500 Medical Supplies 200 207 213 219 226 232 239 247 254 262 269 583 O&M 02056-551700 Bulk Chemicals 485,000 500,763 515,785 531,259 547,197 563,613 580,521 597,937 615,875 634,351 653,381 584 O&M 02056-557100 Memberships/Subs/Lic Emp 750 774 798 822 846 872 898 925 952 981 1,010 585 O&M 02056-557300 Training & Ref Employee 6,025 6,221 6,407 6,600 6,798 7,002 7,212 7,428 7,651 7,880 8,117 586 Total Water Supply RO 1 3,075,893$ 3,183,881$ 3,308,275$ 3,446,719$ 3,568,804$ 3,702,853$ 3,845,802$ 3,993,101$ 4,146,577$ 4,306,516$ 4,473,218$ Water Supply RO 2Personnel Services 587 PS 02057-510100 Full Time Salaries & Wages 576,765 605,603 635,883 667,678 701,061 736,115 772,920 811,566 852,145 894,752 939,489 588 PS 02057-510400 Special Pay 30,990 32,540 34,166 35,875 37,669 39,552 41,530 43,606 45,786 48,076 50,479 589 PS 02057-510500 Overtime 48,000 50,400 52,920 55,566 58,344 61,262 64,325 67,541 70,918 74,464 78,187 590 PS 02057-520400 Major Medical Ins-Emp 108,996 116,844 125,607 135,028 145,155 156,041 167,744 180,325 193,849 208,388 224,017 591 PS 02057-520600 Social Security-Employee 9,007 9,457 9,930 10,427 10,948 11,495 12,070 12,674 13,307 13,973 14,671 592 PS 02057-520700 Emp Pension Plan 42,774 30,640 37,378 54,505 47,426 47,872 52,111 54,717 57,453 60,325 63,342 593 PS 02057-520900 Workers Compensation 3,670 3,854 4,046 4,248 4,461 4,684 4,918 5,164 5,422 5,693 5,978 594 PS 02057-522000 CWA Life 1,456 1,561 1,678 1,804 1,939 2,084 2,241 2,409 2,589 2,784 2,992 Operations and Maintenance595O&M 02057-530100 Professional Services 26,000 26,845 27,650 28,480 29,334 30,214 31,121 32,054 33,016 34,006 35,027 596 O&M 02057-530300 Other Contractual Serv 199,800 206,294 212,482 218,857 225,422 232,185 239,151 246,325 253,715 261,326 269,166 597 O&M 02057-530400 Lot Mowing 11,560 11,936 12,294 12,663 13,042 13,434 13,837 14,252 14,679 15,120 15,573 598 O&M 02057-540100 Garage Services 32,240 33,852 35,545 37,322 39,188 41,147 43,205 45,365 47,633 50,015 52,516 599 O&M 02057-540300 Telephone Service Variable 565 593 623 654 687 721 757 795 835 877 920 600 O&M 02057-540500 Radio Svc-Fixed 1,770 1,859 1,951 2,049 2,151 2,259 2,372 2,491 2,615 2,746 2,883 601 O&M 02057-540700 Postal Service 100 105 110 116 122 128 134 141 148 155 163 602 O&M 02057-540900 Risk Mgmt Service 2,214 2,325 2,441 2,563 2,691 2,826 2,967 3,115 3,271 3,435 3,606 603 O&M 02057-541000 Info Technology Charge 46,360 48,678 51,112 53,667 56,351 59,168 62,127 65,233 68,495 71,920 75,516 604 O&M 02057-541100 Bldg & Maint Dept Svc Fx 93,360 98,028 102,929 108,076 113,480 119,154 125,111 131,367 137,935 144,832 152,074 605 O&M 02057-541200 Custodial Service 7,870 8,264 8,677 9,111 9,566 10,044 10,547 11,074 11,628 12,209 12,819 606 O&M 02057-541600 Bldg & Maint-Variable 1,000 1,050 1,103 1,158 1,216 1,276 1,340 1,407 1,477 1,551 1,629 607 O&M 02057-542000 Employee Benefits-Fixed 2,263 2,376 2,495 2,620 2,751 2,888 3,033 3,184 3,343 3,511 3,686 608 O&M 02057-542200 Elec-Util Charges 500,000 516,250 531,738 547,690 564,120 581,044 598,475 616,429 634,922 653,970 673,589 609 O&M 02057-542300 Gas,Water & Sanitation Utl 50,000 51,625 53,174 54,769 56,412 58,104 59,848 61,643 63,492 65,397 67,359 610 O&M 02057-542500 Postage 400 413 425 438 451 465 479 493 508 523 539 611 O&M 02057-542800 Interfd Other Serv Chgs 20,730 21,767 22,855 23,998 25,197 26,457 27,780 29,169 30,628 32,159 33,767 612 O&M 02057-542900 Interfd Admin Service Chg 156,560 164,388 172,607 181,238 190,300 199,815 209,805 220,296 231,310 242,876 255,020 613 O&M 02057-543100 Advertising 200 207 213 219 226 232 239 247 254 262 269 614 O&M 02057-543200 Other Promotion Activity 3,000 3,098 3,190 3,286 3,385 3,486 3,591 3,699 3,810 3,924 4,042 615 O&M 02057-543400 Printing & Binding 500 516 532 548 564 581 598 616 635 654 674 616 O&M 02057-543700 Fees & Permits 2,000 2,065 2,127 2,191 2,256 2,324 2,394 2,466 2,540 2,616 2,694 617 O&M 02057-544100 Equipt Rental 10,000 10,325 10,635 10,954 11,282 11,621 11,970 12,329 12,698 13,079 13,472 618 O&M 02057-544600 Uniform Rental 7,000 7,228 7,444 7,668 7,898 8,135 8,379 8,630 8,889 9,156 9,430 619 O&M 02057-545100 Insurance 5,640 5,823 5,998 6,178 6,363 6,554 6,751 6,953 7,162 7,377 7,598 620 O&M 02057-546200 Other Equip Svc & Repair 50,000 51,625 53,174 54,769 56,412 58,104 59,848 61,643 63,492 65,397 67,359 621 O&M 02057-547100 Uniforms-Employee 2,000 2,065 2,127 2,191 2,256 2,324 2,394 2,466 2,540 2,616 2,694 622 O&M 02057-547200 Travel Expense-Emp 1,800 1,859 1,914 1,972 2,031 2,092 2,155 2,219 2,286 2,354 2,425 623 O&M 02057-547300 Mileage Reimbursement 200 207 213 219 226 232 239 247 254 262 269 624 O&M 02057-547400 Meals-Employee 300 310 319 329 338 349 359 370 381 392 404 625 O&M 02057-550100 Office Supplies 2,000 2,065 2,127 2,191 2,256 2,324 2,394 2,466 2,540 2,616 2,694 626 O&M 02057-550400 Operating Supplies & Matls 330,000 340,725 350,947 361,475 372,319 383,489 394,994 406,843 419,049 431,620 444,569 627 O&M 02057-551000 Lab Chem Supplies 25,000 25,813 26,587 27,384 28,206 29,052 29,924 30,821 31,746 32,699 33,679 628 O&M 02057-551300 Small Tools & Implements 3,000 3,098 3,190 3,286 3,385 3,486 3,591 3,699 3,810 3,924 4,042 629 O&M 02057-551500 Medical Supplies 200 207 213 219 226 232 239 247 254 262 269 City of Clearwater | FY 2025 Water, Sewer, Irrigation and Reclaimed Water Revenue Sufficiency Analysis Appendix: Supporting Financial Schedules Projection of Cash Outflows Schedule 4 Account Code Expense Line Item1 FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 FY 2032 FY 2033 FY 2034 FY 2035 630 O&M 02057-551700 Bulk Chemicals 450,000 464,625 478,564 492,921 507,708 522,940 538,628 554,787 571,430 588,573 606,230 631 O&M 02057-557100 Memberships/Subs/Lic Emp 1,620 1,673 1,723 1,775 1,828 1,883 1,939 1,997 2,057 2,119 2,182 632 O&M 02057-557300 Training & Ref Employee 6,250 6,453 6,647 6,846 7,052 7,263 7,481 7,705 7,937 8,175 8,420 Capital Outlay 633 Total Water Supply RO 2 2,875,160$ 2,977,527$ 3,099,702$ 3,237,215$ 3,355,702$ 3,487,139$ 3,628,052$ 3,773,284$ 3,924,883$ 4,083,157$ 4,248,426$ Water Supply RO 3Personnel Services634PS02058-510100 Salaries & Wages-Full Time 73,389 77,058 80,911 84,957 89,205 93,665 98,348 103,266 108,429 113,850 119,543 635 PS 02058-510400 Special Pay 3,900 4,095 4,300 4,515 4,740 4,977 5,226 5,488 5,762 6,050 6,353 636 PS 02058-520400 Major Medical Insurance 12,192 13,070 14,050 15,104 16,237 17,454 18,763 20,171 21,683 23,310 25,058 637 PS 02058-520600 Social Security 1,023 1,074 1,128 1,184 1,243 1,306 1,371 1,439 1,511 1,587 1,666 638 PS 02058-520700 Pension Plan Contribution 5,093 5,320 5,595 5,996 6,353 6,717 7,115 7,537 7,984 8,457 8,959 639 PS 02058-522000 Life Ins CWA 182 195 210 225 242 261 280 301 324 348 374 640 O&M 02058-530100 Professional Services 10,000 10,325 10,635 10,954 11,282 11,621 11,970 12,329 12,698 13,079 13,472 641 O&M 02058-530300 Other Contractual Serv 20,000 20,650 21,270 21,908 22,565 23,242 23,939 24,657 25,397 26,159 26,944 642 O&M 02058-530400 Lot Mowing 6,360 6,567 6,764 6,967 7,176 7,391 7,613 7,841 8,076 8,318 8,568 643 O&M 02058-540100 Garage Services 2,990 3,140 3,296 3,461 3,634 3,816 4,007 4,207 4,418 4,638 4,870 644 O&M 02058-540300 Telephone Service Variable 565 593 623 654 687 721 757 795 835 877 920 645 O&M 02058-541000 Info Technology Charge 16,000 16,800 17,640 18,522 19,448 20,421 21,442 22,514 23,639 24,821 26,062 646 O&M 02058-541100 Bldg & Maint Dept Svc Fx 71,200 74,760 78,498 82,423 86,544 90,871 95,415 100,186 105,195 110,455 115,977 647 O&M 02058-541600 Bldg & Maint-Variable 300 315 331 347 365 383 402 422 443 465 489 648 O&M 02058-542200 Elec-Util Charges 180,000 185,850 191,426 197,168 203,083 209,176 215,451 221,915 228,572 235,429 242,492 649 O&M 02058-542300 Gas,Water & Sanitation Utl 5,500 5,679 5,849 6,025 6,205 6,391 6,583 6,781 6,984 7,194 7,409 650 O&M 02058-542500 Postage 200 207 213 219 226 232 239 247 254 262 269 651 O&M 02058-542800 Interfd Other Serv Chgs 4,280 4,494 4,719 4,955 5,202 5,462 5,736 6,022 6,324 6,640 6,972 652 O&M 02058-542900 Interfd Admin Service Chg 19,570 20,549 21,576 22,655 23,787 24,977 26,226 27,537 28,914 30,359 31,877 653 O&M 02058-543100 Advertising 200 207 213 219 226 232 239 247 254 262 269 654 O&M 02058-543400 Printing & Binding 200 207 213 219 226 232 239 247 254 262 269 655 O&M 02058-544100 Equipt Rental 5,000 5,163 5,317 5,477 5,641 5,810 5,985 6,164 6,349 6,540 6,736 656 O&M 02058-545100 Insurance 440 454 468 482 496 511 527 542 559 575 593 657 O&M 02058-546200 Other Equip Svc & Repair 22,000 22,715 23,396 24,098 24,821 25,566 26,333 27,123 27,937 28,775 29,638 658 O&M 02058-550100 Office Supplies 150 155 160 164 169 174 180 185 190 196 202 659 O&M 02058-550400 Operating Supplies & Matls 60,000 61,950 63,809 65,723 67,694 69,725 71,817 73,972 76,191 78,476 80,831 660 O&M 02058-551000 Lab Chem Supplies 15,000 15,488 15,952 16,431 16,924 17,431 17,954 18,493 19,048 19,619 20,208 661 O&M 02058-551300 Small Tools & Implements 2,000 2,065 2,127 2,191 2,256 2,324 2,394 2,466 2,540 2,616 2,694 662 O&M 02058-551500 Medical Supplies 150 155 160 164 169 174 180 185 190 196 202 663 O&M 02058-551700 Bulk Chemicals 70,000 72,275 74,443 76,677 78,977 81,346 83,787 86,300 88,889 91,556 94,302 664 Total Water Supply RO 3 607,884$ 631,571$ 655,288$ 680,083$ 705,826$ 732,612$ 760,516$ 789,576$ 819,843$ 851,372$ 884,220$ Lift Stations MaintenancePersonnel Services 665 PS 01348-510100 Salaries & Wages-Full Time 306,151 321,459 337,531 354,408 372,128 390,735 410,272 430,785 452,324 474,941 498,688 666 PS 01348-510400 Special Pay 35,500 37,275 39,139 41,096 43,150 45,308 47,573 49,952 52,450 55,072 57,826 667 PS 01348-510500 Salaries & Wages-Overtime 17,000 17,850 18,743 19,680 20,664 21,697 22,782 23,921 25,117 26,373 27,691 668 PS 01348-520400 Major Medical Insurance 76,000 81,472 87,582 94,151 101,212 108,803 116,964 125,736 135,166 145,304 156,201 669 PS 01348-520600 Social Security 4,677 4,911 5,156 5,414 5,685 5,969 6,268 6,581 6,910 7,256 7,618 670 PS 01348-520700 Emp Pension Plan 22,427 16,758 20,443 29,810 25,939 26,183 28,501 29,926 31,423 32,994 34,643 671 PS 01348-520900 Workers Compensation 2,690 2,825 2,966 3,114 3,270 3,433 3,605 3,785 3,974 4,173 4,382 672 PS 01348-522000 Life Insurance-CWA 910 976 1,049 1,127 1,212 1,303 1,400 1,506 1,618 1,740 1,870 673 PS 01348-542000 Emp Benefits Fixed Chgs 1,697 1,782 1,871 1,964 2,063 2,166 2,274 2,388 2,507 2,633 2,764 Operations and Maintenance 674 O&M 01348-530100 Professional Services 5,000 5,163 5,317 5,477 5,641 5,810 5,985 6,164 6,349 6,540 6,736 675 O&M 01348-530300 Other Contractual Serv 5,000 5,163 5,317 5,477 5,641 5,810 5,985 6,164 6,349 6,540 6,736 676 O&M 01348-540100 Garage Services-Fixed 30,680 32,214 33,825 35,516 37,292 39,156 41,114 43,170 45,328 47,595 49,974 677 O&M 01348-541600 Bldg & Maint Chgs-Variable 500 525 551 579 608 638 670 704 739 776 814 678 O&M 01348-542200 Utilities-Electric 280,000 289,100 297,773 306,706 315,907 325,385 335,146 345,201 355,557 366,223 377,210 679 O&M 01348-542300 Utilities-Gas Water Sanitation 17,000 17,553 18,079 18,621 19,180 19,755 20,348 20,959 21,587 22,235 22,902 680 O&M 01348-542500 Postage 500 516 532 548 564 581 598 616 635 654 674 681 O&M 01348-542700 Interfund Svc Chgs-Enterprise 16,650 17,483 18,357 19,274 20,238 21,250 22,313 23,428 24,600 25,830 27,121 682 O&M 01348-542800 Interfund Svc Chgs-Gen Fd Ops 36,600 38,430 40,352 42,369 44,488 46,712 49,048 51,500 54,075 56,779 59,618 683 O&M 01348-542900 Interfund Svc Chgs-Gen Fd Adm 97,850 102,743 107,880 113,274 118,937 124,884 131,128 137,685 144,569 151,797 159,387 684 O&M 01348-543100 Advertising 250 258 266 274 282 291 299 308 317 327 337 685 O&M 01348-543400 Printing Services 50 52 53 55 56 58 60 62 63 65 67 686 O&M 01348-544100 Rentals-Equipment 7,500 7,744 7,976 8,215 8,462 8,716 8,977 9,246 9,524 9,810 10,104 687 O&M 01348-544600 Rentals-Uniforms 7,500 7,744 7,976 8,215 8,462 8,716 8,977 9,246 9,524 9,810 10,104 688 O&M 01348-545100 Ins Premiums 3,280 3,387 3,488 3,593 3,701 3,812 3,926 4,044 4,165 4,290 4,419 689 O&M 01348-546200 Repairs & Svc-Other Equip 370,000 382,025 393,486 405,290 417,449 429,973 442,872 456,158 469,843 483,938 498,456 690 O&M 01348-547100 Uniforms-Employee 1,200 1,239 1,276 1,314 1,354 1,395 1,436 1,479 1,524 1,570 1,617 691 O&M 01348-547200 Travel Expense-Employee 1,120 1,156 1,191 1,227 1,264 1,302 1,341 1,381 1,422 1,465 1,509 692 O&M 01348-547300 Mileage Reimb-Employee 200 207 213 219 226 232 239 247 254 262 269 City of Clearwater | FY 2025 Water, Sewer, Irrigation and Reclaimed Water Revenue Sufficiency Analysis Appendix: Supporting Financial Schedules Projection of Cash Outflows Schedule 4 Account Code Expense Line Item1 FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 FY 2032 FY 2033 FY 2034 FY 2035 693 O&M 01348-547400 Meals-Employee 200 207 213 219 226 232 239 247 254 262 269 694 O&M 01348-550100 Office Supplies 500 516 532 548 564 581 598 616 635 654 674 695 O&M 01348-550400 Operating Supplies 281,500 290,649 299,368 308,349 317,600 327,128 336,942 347,050 357,461 368,185 379,231 696 O&M 01348-557100 Memberships Subs Lic Emp 500 516 532 548 564 581 598 616 635 654 674 697 O&M 01348-557300 Training & Ref Emp 5,650 5,834 6,009 6,189 6,375 6,566 6,763 6,966 7,175 7,390 7,612 698 O&M 01348-541000 Info Tech Chgs-Fixed 49,830 52,322 54,938 57,684 60,569 63,597 66,777 70,116 73,622 77,303 81,168 699 O&M 01348-540300 Telephone Service Chgs-Var 565 583 601 619 637 657 676 697 717 739 761 700 O&M 01348-540900 Risk Mgt Fixed Chgs 1,660 1,714 1,765 1,818 1,873 1,929 1,987 2,047 2,108 2,171 2,236 Capital Outlay 701 O&M 01348-543700 Fees & Permits 30 31 32 33 34 35 36 37 38 39 40 702 O&M 01348-551300 Small Tools & Implements 4,500 4,646 4,786 4,929 5,077 5,229 5,386 5,548 5,714 5,886 6,062 703 Total Lift Stations Maintenance 1,692,867$ 1,755,022$ 1,827,161$ 1,907,945$ 1,978,592$ 2,056,607$ 2,140,104$ 2,226,280$ 2,316,273$ 2,410,269$ 2,508,464$ PU EngineeringPersonnel Services704PS01344-510100 Salaries & Wages-Full Time 562,580 590,709 620,244 651,257 683,820 718,010 753,911 791,607 831,187 872,746 916,384 705 PS 01344-520100 Life Ins $2500 Empl & Pens 54 57 60 63 66 69 72 76 80 84 88 706 PS 01344-520300 Life Ins SAMP 1,718 1,842 1,980 2,128 2,288 2,460 2,644 2,842 3,055 3,285 3,531 707 PS 01344-520400 Major Medical Insurance 85,344 91,489 98,350 105,727 113,656 122,180 131,344 141,195 151,784 163,168 175,406 708 PS 01344-520600 Social Security 8,021 8,422 8,843 9,285 9,750 10,237 10,749 11,286 11,851 12,443 13,065 709 PS 01344-520700 Pension Plan Contribution 37,930 39,618 41,666 44,658 47,315 50,021 52,988 56,130 59,458 62,984 66,719 710 PS 01344-520900 Workers Compensation 2,690 2,825 2,966 3,114 3,270 3,433 3,605 3,785 3,974 4,173 4,382 711 PS 01344-522000 Life Ins CWA 182 195 210 225 242 261 280 301 324 348 374 Operations and Maintenance 712 O&M 01344-530100 Professional Services 775,000 800,188 824,193 848,919 874,386 900,618 927,637 955,466 984,130 1,013,654 1,044,063 713 O&M 01344-540300 Telephone Service Chgs-Var 5,650 5,933 6,229 6,541 6,868 7,211 7,572 7,950 8,348 8,765 9,203 714 O&M 01344-540900 Risk Mgt Fixed Chgs 1,660 1,743 1,830 1,922 2,018 2,119 2,225 2,336 2,453 2,575 2,704 715 O&M 01344-541000 Info Tech Chgs-Fixed 61,140 64,197 67,407 70,777 74,316 78,032 81,933 86,030 90,332 94,848 99,591 716 O&M 01344-542000 Emp Benefits Fixed Chgs 1,697 1,782 1,871 1,964 2,063 2,166 2,274 2,388 2,507 2,633 2,764 717 O&M 01344-542500 Postage 50 52 53 55 56 58 60 62 63 65 67 718 O&M 01344-542900 Interfund Svc Chgs-Gen Fd Adm 117,420 123,291 129,456 135,928 142,725 149,861 157,354 165,222 173,483 182,157 191,265 719 O&M 01344-543100 Advertising 1,500 1,549 1,595 1,643 1,692 1,743 1,795 1,849 1,905 1,962 2,021 719 O&M 01344-543400 Printing Services 100 103 106 110 113 116 120 123 127 131 135 720 O&M 01344-545100 Ins Premiums 2,210 2,282 2,350 2,421 2,493 2,568 2,645 2,725 2,806 2,891 2,977 721 O&M 01344-547100 Uniforms-Employee 750 774 798 822 846 872 898 925 952 981 1,010 722 O&M 01344-547200 Travel Expense-Employee 3,300 3,407 3,509 3,615 3,723 3,835 3,950 4,068 4,190 4,316 4,446 723 O&M 01344-547300 Mileage Reimb-Employee 100 103 106 110 113 116 120 123 127 131 135 724 O&M 01344-550100 Office Supplies 1,000 1,033 1,063 1,095 1,128 1,162 1,197 1,233 1,270 1,308 1,347 725 O&M 01344-550400 Operating Supplies 1,400 1,446 1,489 1,534 1,580 1,627 1,676 1,726 1,778 1,831 1,886 726 O&M 01344-557100 Memberships Subs Lic Emp 3,430 3,541 3,648 3,757 3,870 3,986 4,106 4,229 4,356 4,486 4,621 727 O&M 01344-557300 Training & Ref Emp 6,230 6,432 6,625 6,824 7,029 7,240 7,457 7,681 7,911 8,148 8,393 728 O&M 01344-542800 Interfund Svc Chgs-Gen Fd Ops 15,550 16,328 17,144 18,001 18,901 19,846 20,838 21,880 22,974 24,123 25,329 729 Total PU Engineering 1,696,706 1,769,338 1,843,793 1,922,493 2,004,326 2,089,847 2,179,448 2,273,237 2,371,425 2,474,236 2,581,906 Incremental O&M 730 PWC Incremental Cost of Increased Water Production 2 - 127,514 131,339 135,279 139,337 143,518 687,629 986,933 1,016,541 1,047,038 1,078,449 731 O&M Projected O&M Savings From Wastewater Plants Consolidation 3 - - - - - - - (3,097,786) (3,097,786) (3,097,786) (3,097,786) 732 Total Incremental O&M - 127,514 131,339 135,279 139,337 143,518 687,629 (2,110,853) (2,081,245) (2,050,748) (2,019,337) Total Expenses by Category733PSPersonnel Services 18,829,888$ 19,540,019 20,700,238 22,142,650 23,118,922 24,320,832 25,671,272 27,056,294 28,518,168 30,061,306 31,690,383 734 PWC Purchased Water Cost 8,111,706 7,844,795 8,127,509 8,418,363 8,717,438 9,024,801 5,158,263 4,705,544 4,921,083 5,146,806 5,383,205 735 O&M Operations & Maintenance 33,225,407 34,519,251 35,811,649 37,155,661 38,553,477 40,007,384 41,519,773 39,995,357 41,632,316 43,335,593 45,108,036 736 CO Capital Outlay (Equip & Lease Purchase Program)331,530 333,080 334,708 336,416 338,211 340,095 342,073 344,150 346,331 348,621 351,026 737 Total Expenses 60,498,531$ 62,237,145 64,974,104 68,053,091 70,728,048 73,693,111 72,691,381 72,101,345 75,417,898 78,892,326 82,532,651 Expense Execution Factors 4 738 Personnel Services 96%96%96%96%96%96%96%96%96%96%96% 739 Purchased Water Cost 100%100%100%100%100%100%100%100%100%100%100%740 Operations & Maintenance 98%98%98%98%98%98%98%98%98%98%98%741 Capital Outlay (Equip & Lease Purchase Program)100%100%100%100%100%100%100%100%100%100%100% Total Expenses at Execution 742 Personnel Services 18,076,692$ 18,758,418 19,872,228 21,256,944 22,194,165 23,347,999 24,644,421 25,974,043 27,377,442 28,858,854 30,422,768 743 Purchased Water Cost 8,111,706 7,844,795 8,127,509 8,418,363 8,717,438 9,024,801 5,158,263 4,705,544 4,921,083 5,146,806 5,383,205 744 Operations & Maintenance 32,560,899 33,828,865 35,095,416 36,412,548 37,782,407 39,207,236 40,689,378 39,195,450 40,799,670 42,468,881 44,205,875 745 Capital Outlay (Equip & Lease Purchase Program)331,530 333,080 334,708 336,416 338,211 340,095 342,073 344,150 346,331 348,621 351,026 746 Total Expenses at Execution 59,080,827$ 60,765,159 63,429,861 66,424,272 69,032,222 71,920,130 70,834,134 70,219,186 73,444,525 76,823,162 80,362,874 Transfers Out City of Clearwater | FY 2025 Water, Sewer, Irrigation and Reclaimed Water Revenue Sufficiency Analysis Appendix: Supporting Financial Schedules Projection of Cash Outflows Schedule 4 Account Code Expense Line Item1 FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 FY 2032 FY 2033 FY 2034 FY 2035 Renewal & Replacement Transfers by Department 5 747 Wastewater Collection 10,045,880$ 4,016,444 4,258,779 4,492,818 4,768,023 5,101,367 5,459,279 5,843,119 6,254,702 6,697,730 7,174,510 748 WET Northeast Plant 172,060 68,791 72,942 76,950 81,664 87,373 93,503 100,078 107,127 114,715 122,881 749 Water Distribution 1,196,010 478,177 507,028 534,891 567,656 607,342 649,953 695,651 744,652 797,397 854,160 750 Reclaimed Water 3,057,220 1,222,307 1,296,056 1,367,280 1,451,032 1,552,477 1,661,399 1,778,211 1,903,467 2,038,292 2,183,388 751 Water Supply RO 3 - - - - - - - - - - - 752 Additional R&R - 10,000,000 10,000,000 10,000,000 10,000,000 10,000,000 10,000,000 10,000,000 10,000,000 10,000,000 10,000,000 Payment in Lieu of Taxes By Department 6 753 Pub Util Administration 462,360$ 500,989 535,718 572,982 612,991 655,955 702,100 751,693 804,962 862,190 923,683 754 Wastewater Collection 722,440 782,797 837,062 895,287 957,802 1,024,934 1,097,036 1,174,524 1,257,757 1,347,176 1,443,259 755 Wastewater Maintenance 866,925 939,353 1,004,471 1,074,340 1,149,358 1,229,916 1,316,438 1,409,424 1,509,304 1,616,606 1,731,905 756 WPC Plant Operations 57,795 62,624 66,965 71,623 76,624 81,994 87,763 93,962 100,620 107,774 115,460 757 WPC Laboratory Operations 86,690 93,933 100,444 107,431 114,932 122,988 131,640 140,938 150,926 161,656 173,186 758 Industrial Pretreatment Pl 173,385 187,871 200,894 214,868 229,872 245,983 263,288 281,885 301,861 323,321 346,381 759 WET Marshall Street Plant 375,670 407,056 435,274 465,551 498,058 532,967 570,460 610,754 654,036 700,534 750,497 760 WET Northeast Plant 375,670 407,056 435,274 465,551 498,058 532,967 570,460 610,754 654,036 700,534 750,497 761 WET East Plant 288,975 313,118 334,824 358,113 383,119 409,972 438,813 469,808 503,101 538,869 577,302 762 Water Distribution 1,098,110 1,189,853 1,272,336 1,360,837 1,455,860 1,557,901 1,667,496 1,785,278 1,911,793 2,047,710 2,193,757 763 Water Supply 115,590 125,247 133,930 143,245 153,248 163,989 175,525 187,923 201,240 215,547 230,921 764 Reclaimed Water 433,460 469,674 502,233 537,167 574,676 614,955 658,215 704,708 754,648 808,298 865,948 765 Water Supply RO 1 202,280 219,180 234,374 250,676 268,180 286,977 307,165 328,861 352,167 377,203 404,106 766 Water Supply RO 2 231,180 250,494 267,859 286,491 306,495 327,978 351,050 375,846 402,481 431,095 461,841 767 Water Supply RO 3 28,900 31,314 33,485 35,814 38,315 41,001 43,885 46,985 50,314 53,892 57,735 767 Lift Stations Maintenance 144,490 156,562 167,415 179,060 191,563 204,990 219,410 234,908 251,555 269,439 288,656 768 Total Transfers Out 20,135,090$ 21,922,840 22,697,363 23,490,976 24,377,527 25,384,025 26,464,879 27,625,310 28,870,750 30,209,977 31,650,074 City of Clearwater | FY 2025 Water, Sewer, Irrigation and Reclaimed Water Revenue Sufficiency Analysis Appendix: Supporting Financial Schedules Projection of Cash Outflows Schedule 4 Account Code Expense Line Item1 FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 FY 2032 FY 2033 FY 2034 FY 2035 Debt Service 769 Series 2017 Principal 805,000 850,000 885,000 930,000 975,000 1,020,000 1,070,000 1,125,000 1,180,000 7,220,000 7,530,000 770 Series 2017 Interest 2,837,425 2,796,050 2,752,675 2,707,300 2,659,675 2,609,800 2,557,550 2,502,675 2,445,050 2,235,050 1,922,775 771 Series 2017B Principal 2,395,000 2,455,000 2,510,000 2,575,000 2,635,000 2,695,000 2,760,000 2,830,000 2,895,000 - - 772 Series 2017B Interest 541,260 483,060 423,480 362,460 299,940 235,980 170,520 103,440 34,740 - - 773 Series 2020 Principal 1,425,000 1,490,000 1,565,000 1,640,000 1,715,000 1,805,000 1,885,000 1,975,000 2,060,000 - - 774 Series 2020 Interest 742,375 669,500 593,125 513,000 429,125 341,125 248,875 152,375 51,500 - - Interim Financing Interest Payments - - - - - - - - - - - 775 Cumulative New Debt Service for CIP - - - 8,933,583 11,622,848 26,941,290 31,552,580 47,369,103 52,130,330 64,120,775 70,385,844 776 Total Debt Service 8,746,060$ 8,743,610 8,729,280 17,661,343 20,336,588 35,648,195 40,244,525 56,057,593 60,796,620 73,575,825 79,838,619 777 Total Cash Outflows 87,961,977$ 91,431,608 94,856,504 107,576,591 113,746,336 132,952,350 137,543,539 153,902,089 163,111,895 180,608,964 191,851,567 1 FY 2025 values reflect City's 2025 Budget. Starting in FY 2026, costs are escalated using annual cost escalation factors presented in Schedule 5 of this report. 2 The City anticipates water production of 10.5 MGD by Fiscal Year 2032, reflected as a 0.5 MGD increase in FY 2026, a 2.0 MGD increase in FY 2031, and a 1.0 MGD increase in FY 2032. As such, these annual costs reflect projected added costs of chemicals and electricity. 3 Reflects operating cost savings identified by Black & Veatch for the consolidation both Marshal Street and East water reclamation facilities into the North East water reclamation facility 4 Execution is based on discussion with City staff and reflects historical comparison of budget to actual spending. 6 Reflects 5.5% of operating revenues as established by City Council. 5 The analysis includes an additional annual transfer for $1.0M a year, capping at $10M by FY 2026 in order to comply with bond covenants and maintain a reasonable balance between cash versus bond funded capital projects. Furthermore, transfers are distributed proportionally by department and are based upon 5.00% of the prior year's operating revenue. City of Clearwater | FY 2025 Water, Sewer, Irrigation and Reclaimed Water Revenue Sufficiency Analysis Appendix: Supporting Financial Schedules Cost Escalation Factors Schedule 5 Description Escalation Factor FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 FY 2032 FY 2033 FY 2034 FY 2035 Full Time Salaries & Wages Pay 5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00% Overtime Pay 5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00% Life Ins $2500 Empl & Pens Health Insurance 7.20%7.50%7.50%7.50%7.50%7.50%7.50%7.50%7.50%7.50% 1% Life Insurance-Employee Health Insurance 7.20%7.50%7.50%7.50%7.50%7.50%7.50%7.50%7.50%7.50% Samp Life Insurance Health Insurance 7.20%7.50%7.50%7.50%7.50%7.50%7.50%7.50%7.50%7.50% Major Medical Ins-Emp Health Insurance 7.20%7.50%7.50%7.50%7.50%7.50%7.50%7.50%7.50%7.50% Social Security-Employee Pay 5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00% Emp Pension Plan1 Pension Contribution 4.45%5.17%7.18%5.95%5.72%5.93%5.93%5.93%5.93%5.93%Workers Compensation Pay 5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%Disability Insurance Health Insurance 7.20%7.50%7.50%7.50%7.50%7.50%7.50%7.50%7.50%7.50%CWA Life Insurance Health Insurance 7.20%7.50%7.50%7.50%7.50%7.50%7.50%7.50%7.50%7.50%Professional Services Inflation 3.25%3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00%Other Contractual Serv Inflation 3.25%3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00% Inv Purchase-Resale Inflation 3.25%3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00% Garage Services Internal Service Charges 5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00% Telephone Service Variable Internal Service Charges 5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00% Messenger Service Internal Service Charges 5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00% Radio Svc-Fixed Internal Service Charges 5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00% Telephone Svc Fixed Internal Service Charges 5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00% Postal Service Internal Service Charges 5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00% Risk Mgmt Service Internal Service Charges 5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00% Info Technology Charge Internal Service Charges 5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00% Bldg & Maint Dept Svc Fx Internal Service Charges 5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00% Custodial Service Internal Service Charges 5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00% Garage Variable Internal Service Charges 5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00% Bldg & Maint-Variable Internal Service Charges 5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00% Administrative Charge Internal Service Charges 5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00% Employee Benefits-Fixed Internal Service Charges 5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%Telephone-Util Chgs Inflation 3.25%3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00%Elec-Util Charges Inflation 3.25%3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00%Gas,Water & Sanitation Utl Inflation 3.25%3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00%Postage Inflation 3.25%3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00%Interfd Svc Chg-Other Fund Internal Service Charges 5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%Interfd Other Serv Chgs Internal Service Charges 5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%Interfd Admin Service Chg Internal Service Charges 5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%Advertising Inflation 3.25%3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00%Other Promotion Activity Inflation 3.25%3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00%Freight Inflation 3.25%3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00% Printing & Binding Inflation 3.25%3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00% Dump Fee Inflation 3.25%3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00% Taxes Inflation 3.25%3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00% Equipt Rental Inflation 3.25%3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00% Uniform Rental Inflation 3.25%3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00% Insurance Inflation 3.25%3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00% Ofc Equip Svc & Repair Inflation 3.25%3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00% Other Equip Svc & Repair Inflation 3.25%3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00% City of Clearwater | FY 2025 Water, Sewer, Irrigation and Reclaimed Water Revenue Sufficiency Analysis Appendix: Supporting Financial Schedules Cost Escalation Factors Schedule 5 Description Escalation Factor FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 FY 2032 FY 2033 FY 2034 FY 2035 Uniforms-Employee Inflation 3.25%3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00% Travel Expense-Emp Inflation 3.25%3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00% Mileage Reimbursement Inflation 3.25%3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00% Meals-Employee Inflation 3.25%3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00% Other Services Or Charges Inflation 3.25%3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00% Bad Debt Expense Inflation 3.25%3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00% Obsolete Inventory Loss Inflation 3.25%3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00% Loss-Disposal of Assets Inflation 3.25%3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00% Recruitment Expense Inflation 3.25%3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00% P-Card Disputes Inflation 3.25%3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00% Office Supplies Inflation 3.25%3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00%Operating Supplies & Matls Inflation 3.25%3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00%Construction Materials Inflation 3.25%3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00%Lab Chem Supplies Inflation 3.25%3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00%Medical Supplies Inflation 3.25%3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00%$750-5000 Computer Softwar Inflation 3.25%3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00%$750-5000 Mach & Equip Inflation 3.25%3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00%Memberships/Subs/Lic Emp Inflation 3.25%3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00%Officl Recognition-Emp Inflation 3.25%3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00%Training & Ref Employee Inflation 3.25%3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00%>$5,000 Machinery & Equip Inflation 3.25%3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00% >$5,000 Computer Software Inflation 3.25%3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00% Cost Matl & Services Inflation 3.25%3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00% Contrib To Garage Fund Internal Service Charges 5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00% OPEB Expense Pay 5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00% 1345 - Administration Pay 5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00% 1346 - Sanitary Sewer Pay 5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00% 1347 - Sanitary Sewer Maintenance Pay 5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00% 1351 - WPC Operations Pay 5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00% 1352 - WPC Lab Pay 5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00% 1353 - Industrial Pretreatment Pay 5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00% 2051 - Water Distribution Pay 5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00% 2053 - Water Supply Pay 5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00% 2054 - Reclaimed Water Pay 5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00% CWA Life Health Insurance 7.20%7.50%7.50%7.50%7.50%7.50%7.50%7.50%7.50%7.50%$1,000-$4,999 Mach & Equip Inflation 3.25%3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00%Interest-Leased Equipt No Escalation 0.00%0.00%0.00%0.00%0.00%0.00%0.00%0.00%0.00%0.00%Interest Other No Escalation 0.00%0.00%0.00%0.00%0.00%0.00%0.00%0.00%0.00%0.00%Uniform Rentals Inflation 3.25%3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00%Salaries & Wages-Full Time Pay 5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%Salaries & Wages-Overtime Pay 5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%Major Medical Insurance Health Insurance 7.20%7.50%7.50%7.50%7.50%7.50%7.50%7.50%7.50%7.50%Social Security Pay 5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%Pension Plan Contribution Pension Contribution 4.45%5.17%7.18%5.95%5.72%5.93%5.93%5.93%5.93%5.93%Life Insurance-CWA Health Insurance 7.20%7.50%7.50%7.50%7.50%7.50%7.50%7.50%7.50%7.50%Utilities-Electric Inflation 3.25%3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00% City of Clearwater | FY 2025 Water, Sewer, Irrigation and Reclaimed Water Revenue Sufficiency Analysis Appendix: Supporting Financial Schedules Cost Escalation Factors Schedule 5 Description Escalation Factor FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 FY 2032 FY 2033 FY 2034 FY 2035 Utilities-Gas Water Sanitation Inflation 3.25%3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00% Interfund Svc Chgs-Gen Fd Ops Internal Service Charges 5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00% Interfund Svc Chgs-Gen Fd Adm Internal Service Charges 5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00% Printing Services Inflation 3.25%3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00% Rentals-Equipment Inflation 3.25%3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00% Rentals-Uniforms Inflation 3.25%3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00% Ins Premiums Inflation 3.25%3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00% Repairs & Svc-Other Equip Inflation 3.25%3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00% Travel Expense-Employee Inflation 3.25%3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00% Mileage Reimb-Employee Inflation 3.25%3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00% Other Charges Inflation 3.25%3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00%Operating Supplies Inflation 3.25%3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00%Memberships Subs Lic Emp Inflation 3.25%3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00%Training & Ref Emp Inflation 3.25%3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00%Info Tech Chgs-Fixed Internal Service Charges 5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00% Default Inflation Factor 3.25%3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00% Weighted Average Increase2 2.86%4.41%4.74%3.94%4.20%-1.52%-0.88%4.61%4.62%4.63% 1 Reflects the percentage of Salaries & Wages as provided by staff. 2 The Weighted Average cost escalation in O&M Expenses is reflective of the cost escalation factors presented on this Schedule and execution percentages presented in Schedules 1 and 4. FY 26 is impacted by projected reduction in purchased water costs from lower purchases, recurring again in FY 31 and FY 32. FY 32 is impacted by projected annual savings in O&M from the consolidation of Marshal Street and East water reclamation facilities into the North East plant. City of Clearwater | FY 2025 Water, Sewer, Irrigation and Reclaimed Water Revenue Sufficiency Analysis Appendix: Supporting Financial Schedules Capital Improvement Program Schedule 6 FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 FY 2032 FY 2033 FY 2034 FY 2035 Total CIP Spending From Water & Sewer Revenue 1 2023 Sewer Point Repair and Improvements $ 32,000,000 $ 32,000,000 $ 32,000,000 $ 32,000,000 $ 32,000,000 $ 32,000,000 $ - $ - $ - $ - $ - 192,000,000 2 SB 64 Program - 7,142,857 32,142,857 32,142,857 32,142,857 47,142,857 40,000,000 - - - - 190,714,286 3 Annual Water and RCW Repair - 4,500,000 9,000,000 9,000,000 9,000,000 9,000,000 9,000,000 - - - - 49,500,000 4 WWCS Improvements Program - 2,100,000 2,100,000 2,100,000 2,100,000 2,100,000 2,100,000 2,500,000 - - - 15,100,000 5 NE WRF Sand Filters Rehab 2,000,000 2,000,000 - - - - - - - - - 4,000,000 6 ONHOLD WF Interconnect 42,000 2,000,000 - - - - - - - - - 2,042,000 7 Lift Station Program (Tetra Tech) 1,942,734 1,942,734 1,942,734 1,942,734 1,942,734 1,942,734 1,942,734 - - - - 13,599,138 8 Water-RCW Program 1,500,000 1,800,000 1,800,000 1,800,000 1,800,000 1,800,000 1,800,000 - - - - 12,300,000 9 Water CIP30 Elevated Storage Tanks Demolition and Remov 1,150,000 1,150,000 - - - - - - - - - 2,300,000 10 East WRF Sand Filter Bldg - Feed Pump Station Improveme 1,000,000 1,000,000 - - - - - - - - - 2,000,000 11 Water CIP28 Fire Flow - Hydraulic Improvements Phase 1 - 1,000,000 1,331,947 2,404,238 2,478,769 2,555,611 - - - - - 9,770,565 12 Load Bank Testing 500,000 700,000 - - - - - - - - - 1,200,000 13 Lightning Protection Plan and Standards 225,000 500,000 1,500,000 1,000,000 - - - - - - - 3,225,000 14 NE WRF Digester Repairs 500,000 500,000 - - - - - - - - - 1,000,000 15 Subaqueous Pipeline Master Plan 300,000 - - - - - - - - - - 300,000 16 Sewer Relocation at Allen's Creek Crossing 50,000 - 400,000 - - - - - - - - 450,000 17 NE WRF Clarifier Gates 51,000 - - - - - - - - - - 51,000 18 Lift Station 16 Pierce St Rehab - - - - - - - - - - - - 19 NE WRF MCC-1, DC-1 & DC-2 Replacement 1,000,000 - - - - - - - - - - 1,000,000 20 Water CIP17 Island Estates - Windward Passage Water Mai 1,000,000 - - - - - - - - - - 1,000,000 21 Water CIP19 Island Estates - Cast Iron Water Main Replacem 550,000 - - - - - - - - - - 550,000 22 RO1 Dual Media Filters 1,400,000 - - - - - - - - - - 1,400,000 23 Hach WIMs Support Services 15,000 - - - - - - - - - - 15,000 24 FDEP UIC Class I and V Renewal (NE WRF) - - - 50,000 - - - - - - - 50,000 25 Energy Efficiency Study - Public Utilities (Siemen's) 200,000 - - - - - - - - - - 200,000 26 JPA Lakeview at Keene Drainage and Road Imp 250,000 - - - - - - - - - - 250,000 27 Permanent Generator/ ATS Evaluation - 1,500,000 2,000,000 2,000,000 2,000,000 3,000,000 3,000,000 - - - - 13,500,000 28 Automated Meter Reading (AMR) Evaluation 2,000,000 2,000,000 4,231,690 4,231,690 4,231,690 4,231,690 4,231,690 - - - - 25,158,450 29 SLR LS Improvements - 1,000,000 2,000,000 1,000,000 - - - - - - - 4,000,000 30 SCADA MP Implementation 500,000 - 2,500,000 2,500,000 2,500,000 2,500,000 2,500,000 - - - - 13,000,000 31 Water CIP29 Fire Flow - Hydraulic Improvements Phase 2 - - - - 1,000,000 1,634,835 2,716,515 2,800,727 2,887,549 - - 11,039,625 32 Subaqueous Crossing MP Implementation - - - 500,000 1,500,000 6,000,000 6,000,000 6,000,000 - - - 20,000,000 33 RotoMix Drum Screen (KSA) 250,000 - - - - - - - - - - 250,000 34 Replace Court St. Line 1,000,000 - - - - - - - - - - 1,000,000 35 WRF Maintenance and Repair Program 1,000,000 5,759,000 6,000,000 7,000,000 8,000,000 9,000,000 10,000,000 - - - - 46,759,000 36 Rerouting Collection System 1,000,000 1,000,000 6,000,000 12,000,000 12,000,000 12,000,000 12,000,000 11,000,000 - - - 67,000,000 37 NE WRF Upgrades 1,000,000 1,000,000 10,000,000 35,000,000 35,000,000 35,000,000 35,000,000 29,000,000 - - - 181,000,000 38 Primary Lift Stations/ Force Mains - - 1,000,000 20,600,000 45,600,000 45,600,000 45,600,000 45,600,000 39,600,000 - - 243,600,000 39 MS/NE Replacement of sludge conveyor system - - 250,000 - - - - - - - - 250,000 40 WWCS R&R Force Mains 5,000,000 5,000,000 5,000,000 5,000,000 5,000,000 5,000,000 5,000,000 5,000,000 - - - 40,000,000 41 WWCS R&R Lift Stations 3,000,000 4,000,000 12,000,000 12,000,000 12,000,000 12,000,000 12,000,000 - - - - 67,000,000 42 GTB Interconnect Relocation - 500,000 2,500,000 1,500,000 - - - - - - - 4,500,000 43 WWCS R&R Gravity Mains - - 1,000,000 3,000,000 6,000,000 10,000,000 10,000,000 11,110,000 11,110,000 11,110,000 11,110,000 74,440,000 44 WWCS R&R Manholes - - 1,000,000 2,000,000 3,000,000 4,000,000 5,000,000 3,663,800 3,663,800 3,663,800 3,663,800 29,655,200 45 LS H2S control feasibity study - - - - 400,000 500,000 1,000,000 - - - - 1,900,000 46 ON HOLD Water CIP07 RO1 - Residuals Management Syste - - 1,175,905 - - - - - - - - 1,175,905 47 Upgrade SCADA Software at all facilities - 654,000 - - - - - - - - - 654,000 48 MS/NE/E Entrance Upgrades - - - 60,000 540,000 - - - - - - 600,000 49 WWCS Master Plan Update - - 300,000 300,000 - - - - - - - 600,000 50 Water Master Plan Update - - - - 250,000 250,000 - - - - - 500,000 51 Replace MW 19-60 - 150,000 150,000 - - - - - - - - 300,000 52 MS/E/NE WRF - Upgrade Sludge Thickening 1,000,000 1,000,000 1,000,000 - - - - - - - - 3,000,000 53 Water CIP06 RO1 - High Service Pump Station and Building - - - - 504,112 6,234,156 5,891,563 - - - - 12,629,831 54 2025 ERP RRA Update - 150,000 - - - - - - - - - 150,000 55 Water CIP02 Wellfield #2 Improvements - - 1,234,500 10,606,069 9,622,632 9,920,933 - - - - - 31,384,134 City of Clearwater | FY 2025 Water, Sewer, Irrigation and Reclaimed Water Revenue Sufficiency Analysis Appendix: Supporting Financial Schedules Capital Improvement Program Schedule 6 FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 FY 2032 FY 2033 FY 2034 FY 2035 Total 56 Water CIP10 RO2 - Process Improvements for 2-Skid Opera - - - 6,413,851 6,061,535 - - - - - - 12,475,386 57 Water CIP11 RO2 - Blending and Process Improvements - - - 536,449 6,634,691 6,270,142 - - - - - 13,441,282 58 Water CIP15 WTP#3 - Convert to RO Treatment Process - - - - - - 1,201,753 19,411,114 20,012,858 20,633,257 - 61,258,982 59 Develop a comprehensive library of SCADA standards and p - - - 144,000 - - - - - - - 144,000 60 Water CIP03 Wellfield #3 Improvements - - - - - - 762,956 9,437,539 8,919,111 - - 19,119,606 61 ON HOLD Water CIP04 Wellfield #1 to Wellfield #2 Interconn - - - - - - - - 277,719 3,145,286 - 3,423,005 62 Water CIP09 RO1 - New Brackish Water RO System - - - - - 427,356 5,287,250 4,996,892 - - - 10,711,498 63 Mitigate PLC and RTU panels risk of flooding - - - - 6,960,000 - - - - - - 6,960,000 64 Distribution South Side Interconnect - 100,000 1,000,000 - - - - - - - - 1,100,000 65 Imagine Station and Distribution Control Improvements (FH) - 285,000 - - - - - - - - - 285,000 66 Water CIP01 Wellfield #1 Improvements - - 904,846 11,192,351 10,577,498 - - - - - - 22,674,695 67 WRF Master Plan Update - - - - - 540,000 - - - - - 540,000 68 NE - Biosolid Treatment - Secondary Anaerobic Digester Mod - 440,000 2,200,000 - - - - - - - - 2,640,000 69 Master Reuse Permit Renewal - - - - - - - 75,000 - - - 75,000 70 Performance Benchmarking Study - - 100,000 - - - - - - - - 100,000 71 RO1 IPP Sewer Re-alignment (FH) - - 50,000 560,000 - - - - - - - 610,000 72 LS Maintenance Point Repair - 5,000,000 5,000,000 5,000,000 5,000,000 5,000,000 5,000,000 5,000,000 - - - 35,000,000 73 WWCS CIP MAR-02 - 5,556,000 - - - - - - - - - 5,556,000 74 WWCS CIP NRE-01 and NRE 02 - - - 500,000 2,324,800 8,000,000 8,299,200 - - - - 19,124,000 75 WWCS CIP EAS-03 - - - 200,000 1,536,000 - - - - - - 1,736,000 76 WWCS CIP NRE-03 - - - 350,000 2,630,000 - - - - - - 2,980,000 77 WWCS CIP EAS-01 - - - 200,000 1,288,000 - - - - - - 1,488,000 78 Rehab or replace Quad odor control unit at Marshall Street B - - 200,000 800,000 - - - - - - - 1,000,000 79 Upgrade PLC's at the Remote Stations - - 784,800 - - - - - - - - 784,800 80 Update the Facilities PLC Hardware - - 1,874,000 - - - - - - - - 1,874,000 81 Add redundant fiber optic loops to facility networks - - - 6,960,000 - - - - - - - 6,960,000 82 Water Facilities Program (Consultant) - - 500,000 2,000,000 2,000,000 2,000,000 2,000,000 2,000,000 2,000,000 2,000,000 - 14,500,000 83 Chemical system updates RO1, RO2, WTP3 (FH) - - 100,000 790,000 - - - - - - - 890,000 84 WTP3 Wellhead Rehab (FH) - - - 510,000 - - - - - - - 510,000 85 RO1 Control System Updates (FH) - - - 50,000 425,000 - - - - - - 475,000 86 NE - Fuel Tank Addition - New Convault Armorcast 6000 gal - - - 90,000 - - - - - - - 90,000 87 Manual Controls tied to SCADA for the Sand Filters at Marsh - - 140,000 - - - - - - - - 140,000 88 Utilities Finance & Land Development Code Updates - 50,000 - - - - - - - - - 50,000 89 MS/NE/E - Storage (Operations) - General Storage - - - - - - - 200,000 1,800,000 - - 2,000,000 90 Well 45 Assessment & Modifications - - 150,000 - - - - - - - - 150,000 91 Solid Waste Truck Wash 200,000 - - - - - - - - - - 200,000 92 NE Parking Lot Resurfacing & Striping - 80,000 800,000 - - - - - - - - 880,000 93 Hydropower and Solar Initiatives Facility-Wide (CG) - - - 250,000 250,000 - - - - - - 500,000 94 Develop Tagging Strategy for all Devices - 114,000 - - - - - - - - - 114,000 95 Develop a comprehensive library of PLC standards and polici - - 784,800 - - - - - - - - 784,800 96 Train SCADA Team and Technicians on new PLC standards - - 50,400 - - - - - - - - 50,400 97 Develop change management procedures - 144,000 - - - - - - - - - 144,000 98 Develop contractor qualifications standards - - 24,000 - - - - - - - - 24,000 99 Total CIP Budget (in current dollars) $ 61,625,734 93,817,591 156,222,479 238,284,239 276,300,318 285,650,314 237,333,661 157,795,072 90,271,037 40,552,343 14,773,800 1,652,626,587 100 Cumulative Projected Cost Escalation 1 0.00%3.00%6.09%9.27%12.55%15.93%19.41%22.99%26.68%30.48%34.39% 101 Total CIP Budget (future year dollars) $ 61,625,734 96,632,119 165,736,428 260,379,621 310,978,442 331,147,003 283,388,803 194,068,035 114,352,649 52,911,610 19,854,752 1,891,075,195 102 Annual CIP Execution Percentage 100.00%100.00%100.00%74.82%60.19%61.49%74.72%100.00%183.08%223.30%506.12% 103 CIP Redistribution 2 - - - (65,563,620) (123,805,969) (127,520,148) (71,643,138) - 95,007,756 65,238,659 80,634,983 (147,651,477) 104 Final CIP Funding Level $ 61,625,734 $ 96,632,119 $ 165,736,428 $ 194,816,001 $ 187,172,473 $ 203,626,855 $ 211,745,665 $ 194,068,035 $ 209,360,405 $ 118,150,269 $ 100,489,735 1,743,423,718 1 CIP Escalation factors applied reflect the Engineering News Record Construction Cost Index. 2 Per discussion with City staff, the Utility anticipates to spend approximately $75M in R&R and approximately $125M a year in other projects for total annual spending of $200M a year. As such, the analysis uses this redistribution assumption in order to match the Utility's projected annual City of Clearwater | FY 2025 Water, Sewer, Irrigation and Reclaimed Water Revenue Sufficiency Analysis Appendix: Supporting Financial Schedules FAMS - Control Panel Schedule 7 City of Clearwater | FY 2025 Water, Sewer, Irrigation and Reclaimed Water Revenue Sufficiency Analysis Appendix: Supporting Financial Schedules Forecast of Net Revenues & Debt Service Coverage Schedule 8 FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 FY 2032 FY 2033 FY 2034 FY 2035 1 Operating Revenue 2 Water, Sewer And Reclaimed Rate Revenue 104,864,820$ 104,864,820$ 112,240,026$ 120,158,484$ 128,661,569$ 137,793,891$ 147,603,554$ 158,147,583$ 169,474,705$ 181,644,920$ 194,722,934$ 3 Change in Revenue From Growth - (55,490) (54,299) (52,816) (51,002) (48,814) (40,815) (39,373) (37,527) (35,225) (32,413) 4 Subtotal 104,864,820$ 104,809,330$ 112,185,727$ 120,105,668$ 128,610,567$ 137,745,077$ 147,562,739$ 158,108,210$ 169,437,178$ 181,609,695$ 194,690,521$ 5 Weighted Average Rate Increase 8.00%8.00%8.00%8.00%8.00%8.00%8.00%8.00%8.00%8.00% 6 Additional Rate Revenue From Rate Increase - 8,384,746 8,974,858 9,608,453 10,288,845 11,019,606 11,805,019 12,648,657 13,554,974 14,528,776 15,575,242 7 Price Elasticity Adjustment - (954,050) (1,002,101) (1,052,553) (1,105,522) (1,161,129) (1,220,175) (1,282,162) (1,347,233) (1,415,536) (1,487,229) 8 Total Rate Revenue 104,864,820$ 112,240,026$ 120,158,484$ 128,661,569$ 137,793,891$ 147,603,554$ 158,147,583$ 169,474,705$ 181,644,920$ 194,722,934$ 208,778,534$ 9 Plus: Other Operating Revenue 6,719,181 7,079,202 7,460,358 7,868,455 8,305,494 8,773,626 9,275,165 9,812,602 10,388,615 11,006,787 11,670,387 10 Equals: Total Operating Revenue 111,584,001$ 119,319,228$ 127,618,842$ 136,530,024$ 146,099,385$ 156,377,180$ 167,422,749$ 179,287,307$ 192,033,535$ 205,729,721$ 220,448,921$ 11 Less: Operating Expenses 12 Personal Services (18,076,692)$ (18,758,418)$ (19,872,228)$ (21,256,944)$ (22,194,165)$ (23,347,999)$ (24,644,421)$ (25,974,043)$ (27,377,442)$ (28,858,854)$ (30,422,768)$ 13 Purchased Water Costs (8,111,706) (7,844,795) (8,127,509) (8,418,363) (8,717,438) (9,024,801) (5,158,263) (4,705,544) (4,921,083) (5,146,806) (5,383,205) 14 Operations & Maintenance Costs (32,560,899) (33,828,865) (35,095,416) (36,412,548) (37,782,407) (39,207,236) (40,689,378) (39,195,450) (40,799,670) (42,468,881) (44,205,875) 15 Equals: Net Operating Income 52,834,704$ 58,887,149$ 64,523,688$ 70,442,169$ 77,405,374$ 84,797,145$ 96,930,687$ 109,412,271$ 118,935,341$ 129,255,180$ 140,437,072$ 16 Plus: Non-Operating Income/(Expense) 17 Interest Income 4,130,390$ 3,376,879$ 1,819,957$ 837,488$ 871,795$ 905,502$ 918,429$ 911,652$ 929,125$ 969,061$ 1,010,763$ 18 Water Impact Fees 39,000 42,900 46,800 46,800 46,800 46,800 46,800 46,800 46,800 46,800 46,800 19 Sewer Impact Fees 78,240 78,240 78,240 78,240 78,240 78,240 78,240 78,240 78,240 78,240 78,240 20 Equals: Net Income 57,082,334$ 62,385,168$ 66,468,685$ 71,404,697$ 78,402,209$ 85,827,687$ 97,974,157$ 110,448,963$ 119,989,506$ 130,349,281$ 141,572,875$ 21 Less: Revenues Excluded From Coverage Test 22 Impact Fees (117,240)$ (121,140)$ (125,040)$ (125,040)$ (125,040)$ (125,040)$ (125,040)$ (125,040)$ (125,040)$ (125,040)$ (125,040)$ 23 Equals: Net Income Available For Debt Service 56,965,094$ 62,264,028$ 66,343,645$ 71,279,657$ 78,277,169$ 85,702,647$ 97,849,117$ 110,323,923$ 119,864,466$ 130,224,241$ 141,447,835$ 24 Senior Lien Debt Service Coverage Test 25 Net Income Available for Senior-Lien Debt Service 56,965,094$ 62,264,028$ 66,343,645$ 71,279,657$ 78,277,169$ 85,702,647$ 97,849,117$ 110,323,923$ 119,864,466$ 130,224,241$ 141,447,835$ 26 Existing Senior-Lien Debt 8,746,060 8,743,610 8,729,280 8,727,760 8,713,740 8,706,905 8,691,945 8,688,490 8,666,290 9,455,050 9,452,775 27 Cumulative New Senior Lien Debt Service (calculated) 1 - - - 8,933,583 11,622,848 26,941,290 31,552,580 47,369,103 52,130,330 64,120,775 70,385,844 28 Total Annual Senior-Lien Debt Service Req.8,746,060$ 8,743,610$ 8,729,280$ 17,661,343$ 20,336,588$ 35,648,195$ 40,244,525$ 56,057,593$ 60,796,620$ 73,575,825$ 79,838,619$ 29 Calculated Senior-Lien Debt Service Coverage 1.50 6.51 7.12 7.60 4.04 3.85 2.40 2.43 1.97 1.97 1.77 1.77 30 Cash Flow Test31Net Income Available For Debt Service 56,965,094$ 62,264,028$ 66,343,645$ 71,279,657$ 78,277,169$ 85,702,647$ 97,849,117$ 110,323,923$ 119,864,466$ 130,224,241$ 141,447,835$ 32 Less: Non-Operating Expenditures 33 Net Interfund Transfers (In - Out)(20,135,090) (21,922,840) (22,697,363) (23,490,976) (24,377,527) (25,384,025) (26,464,879) (27,625,310) (28,870,750) (30,209,977) (31,650,074) 34 Net Debt Service Payment (8,746,060) (8,743,610) (8,729,280) (17,661,343) (20,336,588) (35,648,195) (40,244,525) (56,057,593) (60,796,620) (73,575,825) (79,838,619) 35 Capital Outlay (331,530) (333,080) (334,708) (336,416) (338,211) (340,095) (342,073) (344,150) (346,331) (348,621) (351,026) 36 Net Cash Flow 27,752,414$ 31,264,498$ 34,582,295$ 29,790,921$ 33,224,844$ 24,330,332$ 30,797,640$ 26,296,870$ 29,850,765$ 26,089,817$ 29,608,117$ City of Clearwater | FY 2025 Water, Sewer, Irrigation and Reclaimed Water Revenue Sufficiency Analysis Appendix: Supporting Financial Schedules Forecast of Net Revenues & Debt Service Coverage Schedule 8 FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 FY 2032 FY 2033 FY 2034 FY 2035 37 Unrestricted Reserve Fund Test 38 Balance At Beginning Of Fiscal Year 187,841,666$ 170,186,836$ 120,624,592$ 31,547,577$ 33,043,928$ 34,347,005$ 35,790,018$ 35,246,031$ 34,937,518$ 36,549,097$ 38,237,270$ 39 Cash Flow Surplus/(Deficit)27,752,414 31,264,498 34,582,295 29,790,921 33,224,844 24,330,332 30,797,640 26,296,870 29,850,765 26,089,817 29,608,117 41 Projects Paid With Non Specified Funds (45,407,244) (80,826,742) (123,659,310) (28,294,570) (31,921,767) (22,887,320) (31,341,627) (26,605,383) (28,239,186) (24,401,644) (27,839,463) 42 Balance At End Of Fiscal Year 170,186,836$ 120,624,592$ 31,547,577$ 33,043,928$ 34,347,005$ 35,790,018$ 35,246,031$ 34,937,518$ 36,549,097$ 38,237,270$ 40,005,924$ 43 Minimum Working Capital Reserve Target 29,374,648 30,216,039 31,547,577 33,043,928 34,347,005 35,790,018 35,246,031 34,937,518 36,549,097 38,237,270 40,005,924 44 Excess/(Deficiency) Of Working Capital To Target 140,812,187$ 90,408,553$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 1 For additional information regarding model calculated debt service, see Schedule 11 of this report. City of Clearwater | FY 2025 Water, Sewer, Irrigation and Reclaimed Water Revenue Sufficiency Analysis Appendix: Supporting Financial Schedules Capital Project Funding Summary Schedule 9 Final Capital Projects Funding Sources FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 FY 2032 FY 2033 FY 2034 FY 2035 Renewal & Replacement (327)16,218,490$ 15,805,377 16,135,026 16,471,942 16,868,376 17,348,559 17,864,134 18,417,059 19,009,948 19,648,133 20,334,939 Revenue Fund (421)45,407,244$ 80,826,742 123,659,310 28,294,570 31,921,767 22,887,320 31,341,627 26,605,383 28,239,186 24,401,644 27,839,463 Senior-Lien Debt Proceeds - - 25,942,091 150,049,489 138,382,331 163,390,976 162,539,904 149,045,593 162,111,271 74,100,492 52,315,333 Total Projects Paid 61,625,734$ 96,632,119 165,736,428 194,816,001 187,172,473 203,626,855 211,745,665 194,068,035 209,360,405 118,150,269 100,489,735 City of Clearwater | FY 2025 Water, Sewer, Irrigation and Reclaimed Water Revenue Sufficiency Analysis Appendix: Supporting Financial Schedules Funding Summary by Fund Schedule 10 FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 FY 2032 FY 2033 FY 2034 FY 2035 Water Impact Fees Balance At Beginning Of Fiscal Year 950,000$ 989,000 1,031,900 1,078,700 1,125,500 1,172,300 1,219,100 1,265,900 1,312,700 1,359,500 1,406,300 Annual Revenues 39,000 42,900 46,800 46,800 46,800 46,800 46,800 46,800 46,800 46,800 46,800 Less: Annual Expenses - - - - - - - - - - - Less: Payment Of Debt Service - - - - - - - - - - - Subtotal 989,000 1,031,900 1,078,700 1,125,500 1,172,300 1,219,100 1,265,900 1,312,700 1,359,500 1,406,300 1,453,100 Less: Restricted Funds - - - - - - - - - - - Total Amount Available For Projects 989,000 1,031,900 1,078,700 1,125,500 1,172,300 1,219,100 1,265,900 1,312,700 1,359,500 1,406,300 1,453,100 Amount Paid For Projects - - - - - - - - - - - Subtotal 989,000 1,031,900 1,078,700 1,125,500 1,172,300 1,219,100 1,265,900 1,312,700 1,359,500 1,406,300 1,453,100 Add Back: Restricted Funds - - - - - - - - - - - Plus: Interest Earnings 21,814 22,735 23,744 24,797 25,850 26,903 27,956 29,009 30,062 31,115 32,168 Less: Interest Allocated To Cash Flow (21,814) (22,735) (23,744) (24,797) (25,850) (26,903) (27,956) (29,009) (30,062) (31,115) (32,168) Balance At End Of Fiscal Year 989,000$ 1,031,900 1,078,700 1,125,500 1,172,300 1,219,100 1,265,900 1,312,700 1,359,500 1,406,300 1,453,100 Sewer Impact Fees Balance At Beginning Of Fiscal Year 3,550,000$ 3,628,240 3,706,480 3,784,720 3,862,960 3,941,200 4,019,440 4,097,680 4,175,920 4,254,160 4,332,400 Annual Revenues 78,240 78,240 78,240 78,240 78,240 78,240 78,240 78,240 78,240 78,240 78,240 Less: Annual Expenses - - - - - - - - - - - Less: Payment Of Debt Service - - - - - - - - - - - Subtotal 3,628,240 3,706,480 3,784,720 3,862,960 3,941,200 4,019,440 4,097,680 4,175,920 4,254,160 4,332,400 4,410,640 Less: Restricted Funds - - - - - - - - - - - Total Amount Available For Projects 3,628,240 3,706,480 3,784,720 3,862,960 3,941,200 4,019,440 4,097,680 4,175,920 4,254,160 4,332,400 4,410,640 Amount Paid For Projects - - - - - - - - - - - Subtotal 3,628,240 3,706,480 3,784,720 3,862,960 3,941,200 4,019,440 4,097,680 4,175,920 4,254,160 4,332,400 4,410,640 Add Back: Restricted Funds - - - - - - - - - - - Plus: Interest Earnings 80,755 82,516 84,276 86,036 87,797 89,557 91,318 93,078 94,838 96,599 98,359 Less: Interest Allocated To Cash Flow (80,755) (82,516) (84,276) (86,036) (87,797) (89,557) (91,318) (93,078) (94,838) (96,599) (98,359) Balance At End Of Fiscal Year 3,628,240$ 3,706,480 3,784,720 3,862,960 3,941,200 4,019,440 4,097,680 4,175,920 4,254,160 4,332,400 4,410,640 City of Clearwater | FY 2025 Water, Sewer, Irrigation and Reclaimed Water Revenue Sufficiency Analysis Appendix: Supporting Financial Schedules Funding Summary by Fund Schedule 10 FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 FY 2032 FY 2033 FY 2034 FY 2035 Renewal & Replacement (327) Balance At Beginning Of Fiscal Year 1,747,320$ 19,657 221 2 0 0 0 0 0 0 0 Annual Revenues 14,471,170 15,785,720 16,134,805 16,471,940 16,868,376 17,348,559 17,864,134 18,417,059 19,009,948 19,648,133 20,334,939 Less: Annual Expenses - - - - - - - - - - - Less: Payment Of Debt Service - - - - - - - - - - - Subtotal 16,218,490 15,805,377 16,135,026 16,471,942 16,868,376 17,348,559 17,864,134 18,417,059 19,009,948 19,648,133 20,334,939 Less: Restricted Funds - - - - - - - - - - - Total Amount Available For Projects 16,218,490 15,805,377 16,135,026 16,471,942 16,868,376 17,348,559 17,864,134 18,417,059 19,009,948 19,648,133 20,334,939 Amount Paid For Projects (16,218,490) (15,805,377) (16,135,026) (16,471,942) (16,868,376) (17,348,559) (17,864,134) (18,417,059) (19,009,948) (19,648,133) (20,334,939) Subtotal - - - - - - - - - - - Add Back: Restricted Funds - - - - - - - - - - - Plus: Interest Earnings 19,657 221 2 0 0 0 0 0 0 0 0 Less: Interest Allocated To Cash Flow - - - - - - - - - - - Balance At End Of Fiscal Year 19,657$ 221 2 0 0 0 0 0 0 0 0 Revenue Fund (421) Balance At Beginning Of Fiscal Year 187,841,666$ 170,186,836 120,624,592 31,547,577 33,043,928 34,347,005 35,790,018 35,246,031 34,937,518 36,549,097 38,237,270 Net Cash Flow 27,752,414 31,264,498 34,582,295 29,790,921 33,224,844 24,330,332 30,797,640 26,296,870 29,850,765 26,089,817 29,608,117 Less: Cash-Funded Capital Projects - - - - - - - - - - - Less: Payment Of Debt Service - - - - - - - - - - - Subtotal 215,594,080 201,451,334 155,206,887 61,338,498 66,268,772 58,677,338 66,587,657 61,542,901 64,788,283 62,638,915 67,845,387 Less: Restricted Funds (29,374,648) (30,216,039) (31,547,577) (33,043,928) (34,347,005) (35,790,018) (35,246,031) (34,937,518) (36,549,097) (38,237,270) (40,005,924) Total Amount Available For Projects 186,219,432 171,235,295 123,659,310 28,294,570 31,921,767 22,887,320 31,341,627 26,605,383 28,239,186 24,401,644 27,839,463 Amount Paid For Projects (45,407,244) (80,826,742) (123,659,310) (28,294,570) (31,921,767) (22,887,320) (31,341,627) (26,605,383) (28,239,186) (24,401,644) (27,839,463) Subtotal 140,812,187 90,408,553 - - - - - - - - - Add Back: Restricted Funds 29,374,648 30,216,039 31,547,577 33,043,928 34,347,005 35,790,018 35,246,031 34,937,518 36,549,097 38,237,270 40,005,924 Plus: Interest Earnings 4,027,821 3,271,629 1,711,937 726,654 758,148 789,042 799,156 789,565 804,224 841,347 880,236 Less: Interest Allocated To Cash Flow (4,027,821) (3,271,629) (1,711,937) (726,654) (758,148) (789,042) (799,156) (789,565) (804,224) (841,347) (880,236) Balance At End Of Fiscal Year 170,186,836$ 120,624,592 31,547,577 33,043,928 34,347,005 35,790,018 35,246,031 34,937,518 36,549,097 38,237,270 40,005,924 City of Clearwater | FY 2025 Water, Sewer, Irrigation and Reclaimed Water Revenue Sufficiency Analysis Appendix: Supporting Financial Schedules Schedule 11 FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 FY 2032 FY 2033 FY 2034 FY 2035 Term (Years)30 30 30 30 30 30 30 30 30 30 30 Interest Rate 5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00% Sources of Funds Par Amount -$ - - 178,671,655 - 306,368,839 - 316,330,454 - 239,808,896 53,112,013 Uses of Funds Proceeds -$ - - 175,991,580 - 301,773,306 - 311,585,497 - 236,211,763 52,315,333 Cost of Issuance 1.50%of Par -$ - - 2,680,075 - 4,595,533 - 4,744,957 - 3,597,133 796,680 Underwriter's Discount - per $1,000 -$ - - - - - - - - - - Bond Insurance 0 times total Debt Service -$ - - - - - - - - - - Capitalized Interest 0 Years Interest -$ - - - - - - - - - - Debt Service Surety 0.00%of Debt Service -$ - - - - - - - - - - Debt Service Reserve 0 Year(s) of Debt Service -$ - - - - - - - - - - Other Costs -$ - - - - - - - - - - Total Uses -$ - - 178,671,655 - 306,368,839 - 316,330,454 - 239,808,896 53,112,013 1 Year Interest -$ - - 8,933,583 - 15,318,442 - 15,816,523 - 11,990,445 2,655,601 Annual Debt Service -$ - - 11,622,848 - 19,929,733 - 20,577,750 - 15,599,913 3,455,013 Total Debt Service -$ - - 348,685,427 - 597,891,979 - 617,332,500 - 467,997,385 103,650,380 Required Proceeds for Capital Funding -$ - 25,942,091 150,049,489 138,382,331 163,390,976 162,539,904 149,045,593 162,111,271 74,100,492 52,315,333 Cumulative New Annual Senior Lien Debt Service1 -$ - - 8,933,583 11,622,848 26,941,290 31,552,580 47,369,103 52,130,330 64,120,775 70,385,844 1Reflects interest-only payment due in year of issuance. Interim Financing Interim Financing being Utilized?Y Y N N N N N N N N N Interim Financing Proceeds -$ - - - - - - - - - - Interest Payments -$ - - - - - - - - - - EOY Balance -$ - - - - - - - - - - Proceeds to be Bond-Funded -$ - - 175,991,580 - 301,773,306 - 311,585,497 - 236,211,763 52,315,333 Long-Term Borrowing Projections City of Clearwater | FY 2025 Water, Sewer, Irrigation and Reclaimed Water Revenue Sufficiency Analysis Clearwater Water & Sewer FY 2025 RSA Update September 4, 2025 FY 2022 RSA FY 2023 RSA FY 2024 RSA Established 3.0% annual rate increases thru FY 27 Confirmed adequacy of 3.0% increases thru FY 27, but showed increases in capital costs and borrowing levels Historical Studies & Rate Adjustments Confirmed adequacy of 3.0% for FY 25 BUT noted large increases in capital costs and borrowing levels O&M (Excluding Debt Service “DS”) $0.0 $20.0 $40.0 $60.0 $80.0 $100.0 $120.0 FY 25 FY 26 FY 27 FY 28 FY 29 FY 30 FY 31 FY 32 FY 33Millions2025 RSA 2022 RSA Since 2022 RSA, increases to purchased water costs, chemicals, electricity, insurance, salaries and benefits, contractual services and administrative charges have brought FY 25 operating costs higher. 2025 RSA average annual inflation in O&M ~ 4.5% Increase In Capital Needs $1,743 $839 $0 $200 $400 $600 $800 $1,000 $1,200 $1,400 $1,600 $1,800 $2,000 MillionsTotal Capital Costs Comparison FY 2025 RSA FY 2022 RSA 5 Top 15 Projects in Total CIP 6 Water Reclamation Facilities (WRF) Consolidation Low Medium High Total Project Cost Estimates*$307.4M $614.8M $1,229.6M 5-Yr Annual Spending Needs**$61.5M $123M $246M *Project cost estimates provided by Black & Veatch (B&V). **B&V also estimated completion of consolidation by 2030 and highlighted that SB 64 deadline is FY 2032. 7 Historical & Projected CIP Spending By Fiscal Year $14.57 $15.05 $34.81 $34.80 $42.11 $61.63 $96.63 $165.74 $194.82 $187.17 $211.75 $0.0 $50.0 $100.0 $150.0 $200.0 $250.0 FY20 FY21 FY22 FY23 FY24 FY 25 FY 26 FY 27 FY 28 FY 29 FY 30Millions * Includes SB 64 Effluent Disposal Program Completion. WRF Consolidation Estimated Completion of FY 30* 8 Historical & Recommended Rate Adjustments FY 212 FY 222 FY 23 FY 24 FY 25 FY 26 FY 27 FY 28 FY 29 FY 30 Water & Sewer 3 4.0%4.0%3.0%3.0%3.0%8.0%8.0%8.0%8.0%8.0% Monthly Impact $5.21 $5.62 $6.08 $6.56 $7.08 1 FY 2022 RSA identified the current five-year rate plan of 3.0% in FY 2023 thru FY 2027. 2 Identified by FY 2017 RSA and approved by Council thru FY 2022. 3 Applicable to water, sewer, irrigation and reclaimed water rates.. Adjustments previously approved by Council and in effect 1 9 Residential Monthly Bill Comparison @ 3,000 gallons Clearwater projected to remain below average of surrounding communities. *Reflects public information as available as well as projection of continuation of FY 25 rate plan thru FY 28 for entities for which future guidance was not provided or identified. $38.51 $53.28 $53.97 $55.31 $55.45 $59.55 $59.78 $59.86 $60.85 $67.87 $69.90 $76.25 $80.50 Tampa Largo Pinellas Park Pasco County Dunedin Clearwater Pinellas County Hillsborough County Average Tarpon Springs Gulfport St. Petersburg Safety Harbor FY 22 $49.97 $60.19 $60.72 $65.10 $65.14 $65.62 $66.04 $69.12 $70.50 $77.40 $80.50 $81.54 $86.76 Tampa Pasco County Pinellas Park Clearwater Largo Pinellas County Dunedin Average Hillsborough County Tarpon Springs Safety Harbor Gulfport St. Petersburg FY 25 $64.71 $66.83 $67.95 $73.14 $74.35 $80.50 $82.01 $82.93 $89.96 $91.03 $96.83 $101.29 $106.52 Tampa Pinellas Park Pasco County Pinellas County Largo Safety Harbor Clearwater Average Dunedin Hillsborough… Tarpon Springs Gulfport St. Petersburg FY 28 10 Adopt the updated 5-year rate plan to sustainably fund your identified infrastructure needs to maintain safe and reliable service. Continue to perform regular RSA updates to account for material changes in data and assumptions and adjust rate plans (up or down) as may be appropriate. Monthly Impact By Fiscal Year Current FY 26 FY 27 FY 28 FY 29 FY 30 Water & Sewer (3,000 gallons per month) $65.10 $70.31 $75.93 $82.01 $88.57 $95.65 $ Change $5.21 $5.62 $6.08 $6.56 $7.08 % Change 8.00%8.00%8.00%8.00%8.00% Recommendations 11 Putting the Cost and Value of Water in Perspective 1,000 gallons of Clearwater Water = $9.13*Shampoo & Conditioner = $6.88 Mocha Frappuccino = $5.75 1 gallon of orange juice = $10.99 1 Sub = $9.95 Large pizza = $8.99 * Reflects effective cost of first 3,000 gallons of a typical residential customer’s monthly bill. Questions? Leticia Doohaluk Senior Manager Leticia.Doohaluk@stantec.com Logan Standard Data Analyst Logan.Standard@stantec.com Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#25-0732 Agenda Date: 9/4/2025 Status: Public HearingVersion: 1 File Type: Action ItemIn Control: Marine & Aviation Agenda Number: 6.13 SUBJECT/RECOMMENDATION: Approve the Joint Participation Agreement (JPA) G3F99 between the City of Clearwater and the State of Florida Department of Transportation (FDOT), Construction of Corporate Hangars at the Clearwater Airpark, authorize the appropriate officials to execute same, and adopt Resolution 25-10. SUMMARY: On February 15, 2024, Council approved a Public Transportation Grant Agreement with the Florida Department of Transportation for the Design of Corporate Hangars at Clearwater Airpark. FDOT JPA Agreement G3F99 provides for an 50% grant for the Construction of new corporate hangars, with 50% cash match. The project cost is estimated to be $2,400,000 and will be established through 2 separate Public Transportation Agreements for State Fiscal Year 2026 and 2027. This grant agreement is the first of the two agreements and is for a total of $1,200,000, with a 50% match of $600,000 to the city with FlyUSA to reimburse the city of the cash match portion in accordance with their lease and operating agreement. APPROPRIATION CODE AND AMOUNT: Funding is available in capital improvement project 302-G2401, Airpark Hangars - New, to cover this grant funded with 50% reimbursement from FDOT and 50% reimbursement 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. Page 1 City of Clearwater Printed on 9/2/2025 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 03/25 Financial Project Number(s): (item-segment-phase-sequence) Fund(s): DPTO FLAIR Category: 088719 455949-1-94-01 Work Activity Code/Function: 215 Object Code: 751000 Federal Award Identification Number (FAIN) – Transit only: N/A Org. Code: 55072020728 Vendor Number: VF596000800011 Contract Number: G3F99 Federal Award Date: N/A CFDA Number: N/A Agency 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 Commercial Hangar(s), 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 E1: Prohibition Based on Health Care Choices Exhibit E2: Exterior Vehicle Wrap, Tinting, Paint, Marketing and Advertising (Transit) X Exhibit F: Contract Payment Requirements Page 1 of 39 Docusign Envelope ID: DACAED4A-DA05-4DC6-A461-C3A406FB18E8 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 03/25 X *Exhibit G: Audit Requirements for Awards of State Financial Assistance *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, 2029. 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. Page 2 of 39 Docusign Envelope ID: DACAED4A-DA05-4DC6-A461-C3A406FB18E8 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 03/25 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. 9. Project Cost: a. The estimated total cost of the Project is $1,200,000. 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 $600,000 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 Page 3 of 39 Docusign Envelope ID: DACAED4A-DA05-4DC6-A461-C3A406FB18E8 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 03/25 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. 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. Page 4 of 39 Docusign Envelope ID: DACAED4A-DA05-4DC6-A461-C3A406FB18E8 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 03/25 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. 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 Page 5 of 39 Docusign Envelope ID: DACAED4A-DA05-4DC6-A461-C3A406FB18E8 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 03/25 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 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 15% 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 Page 6 of 39 Docusign Envelope ID: DACAED4A-DA05-4DC6-A461-C3A406FB18E8 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 03/25 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 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 Page 7 of 39 Docusign Envelope ID: DACAED4A-DA05-4DC6-A461-C3A406FB18E8 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 03/25 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: 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 Page 8 of 39 Docusign Envelope ID: DACAED4A-DA05-4DC6-A461-C3A406FB18E8 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 03/25 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 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. Page 9 of 39 Docusign Envelope ID: DACAED4A-DA05-4DC6-A461-C3A406FB18E8 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 03/25 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 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: Page 10 of 39 Docusign Envelope ID: DACAED4A-DA05-4DC6-A461-C3A406FB18E8 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 03/25 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 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 Page 11 of 39 Docusign Envelope ID: DACAED4A-DA05-4DC6-A461-C3A406FB18E8 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 03/25 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. 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. Page 12 of 39 Docusign Envelope ID: DACAED4A-DA05-4DC6-A461-C3A406FB18E8 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 03/25 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. 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. Projects with Non-profit Organizations. Pursuant to Section 216.1366. Florida Statutes, if the Agency is a nonprofit organization as defined in Section 215.97(2)(m), Florida Statutes, the Agency shall provide documentation to indicate the amount of state funds: i. Allocated to be used during the full term of this Agreement for remuneration to any member of the board of directors or an officer of the Agency ii. Allocated under each payment by the Department to be used for remuneration of any member of the board of directors or an officer of the Agency. The documentation must indicate the amounts and recipients of the remuneration. Such information will be posted by the Department to the Florida Accountability Contract Tracking System maintained pursuant to Section 215.985, F.S., and must additionally be posted to the Agency’s website, if the Agency is a non-profit organization and maintains a website. The Agency shall utilize the Department’s Form 350-090-19, Compensation to Non- Profits Using State Funds, for purposes of documenting the compensation. The subject Form is required for every contract for services executed, amended, or extended on or after July 1, 2023, with non-profit organizations. Pursuant to Section 216.1366, F.S., the term: i. “Officer” means a chief executive officer, chief financial officer, chief operating officer, or any other position performing and equivalent function. Page 13 of 39 Docusign Envelope ID: DACAED4A-DA05-4DC6-A461-C3A406FB18E8 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 03/25 ii. “Remuneration” means all compensation earned by or awarded to personnel, whether paid or accrued, regardless of contingency, including bonuses, accrued paid time off, severance payments, incentive payments, contributions to a retirement plan or in-kind payments, reimbursements, or allowances for moving expenses, vehicles and other transportation, telephone services, medical services, housing and meals. iii. “State Funds” means funds paid from the General Revenue Fund or any state trust fund, funds allocated by the Federal Government and distributed by the state, or funds appropriated by the Federal Government and distributed by the state, or funds appropriated by the state for distribution through any grant program. The term does not include funds used for the Medicaid program. 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 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 Page 14 of 39 Docusign Envelope ID: DACAED4A-DA05-4DC6-A461-C3A406FB18E8 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 03/25 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, 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. Page 15 of 39 Docusign Envelope ID: DACAED4A-DA05-4DC6-A461-C3A406FB18E8 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 03/25 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 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 Page 16 of 39 Docusign Envelope ID: DACAED4A-DA05-4DC6-A461-C3A406FB18E8 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 03/25 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: Kelli Bradley, P.E. Title: Director of Transportation Development STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION Legal Review: Martin Hernandez Page 17 of 39 Docusign Envelope ID: DACAED4A-DA05-4DC6-A461-C3A406FB18E8 07/30/2025 | 10:55 AM EDT STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 03/25 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 Commercial Hangar(s) 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 18 of 39 Docusign Envelope ID: DACAED4A-DA05-4DC6-A461-C3A406FB18E8 Page 19 of 39 Docusign Envelope ID: DACAED4A-DA05-4DC6-A461-C3A406FB18E8 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 03/25 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 455949-1-94-01 455949-1-94-01 DPTO LF 088719 088719 2026 2026 751000 751000 55.004 55.004 Aviation Grant Program Aviation Grant Program $600,000.00 $600,000.00 Total Financial Assistance $1,200,000.00 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 $600,000.00 $600,000.00 $0.00 $1,200,000.00 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 $600,000.00 $600,000.00 $0.00 $1,200,000.00 *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) Common Name/UZA Name (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 20 of 39 Docusign Envelope ID: DACAED4A-DA05-4DC6-A461-C3A406FB18E8 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 03/25 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 21 of 39 Docusign Envelope ID: DACAED4A-DA05-4DC6-A461-C3A406FB18E8 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 03/25 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 22 of 39 Docusign Envelope ID: DACAED4A-DA05-4DC6-A461-C3A406FB18E8 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 03/25 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 23 of 39 Docusign Envelope ID: DACAED4A-DA05-4DC6-A461-C3A406FB18E8 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 03/25 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 24 of 39 Docusign Envelope ID: DACAED4A-DA05-4DC6-A461-C3A406FB18E8 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 03/25 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 25 of 39 Docusign Envelope ID: DACAED4A-DA05-4DC6-A461-C3A406FB18E8 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 03/25 EXHIBIT D AGENCY RESOLUTION PLEASE SEE ATTACHED Page 26 of 39 Docusign Envelope ID: DACAED4A-DA05-4DC6-A461-C3A406FB18E8 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 03/25 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 27 of 39 Docusign Envelope ID: DACAED4A-DA05-4DC6-A461-C3A406FB18E8 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 03/25 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 28 of 39 Docusign Envelope ID: DACAED4A-DA05-4DC6-A461-C3A406FB18E8 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 03/25 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 29 of 39 Docusign Envelope ID: DACAED4A-DA05-4DC6-A461-C3A406FB18E8 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 03/25 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 30 of 39 Docusign Envelope ID: DACAED4A-DA05-4DC6-A461-C3A406FB18E8 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 03/25 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 31 of 39 Docusign Envelope ID: DACAED4A-DA05-4DC6-A461-C3A406FB18E8 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 03/25 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 32 of 39 Docusign Envelope ID: DACAED4A-DA05-4DC6-A461-C3A406FB18E8 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 03/25 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 33 of 39 Docusign Envelope ID: DACAED4A-DA05-4DC6-A461-C3A406FB18E8 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 03/25 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 34 of 39 Docusign Envelope ID: DACAED4A-DA05-4DC6-A461-C3A406FB18E8 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 03/25 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 35 of 39 Docusign Envelope ID: DACAED4A-DA05-4DC6-A461-C3A406FB18E8 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 03/25 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 36 of 39 Docusign Envelope ID: DACAED4A-DA05-4DC6-A461-C3A406FB18E8 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 03/25 Exhibit E1 PROGRAM SPECIFIC TERMS AND CONDITIONS (Prohibition on Discrimination Based on Health Care Choices) This exhibit forms an integral part of the Agreement between the Department and the Agency. 1. Statutory Reference. Section 339.08, F.S. and Section 381.00316, F.S. 2. Statutory Compliance. Pursuant to Section 339.08, F.S., the Department may not expend state funds to support a project or program of certain entities if the entity is found to be in violation of Section 381.00316, F.S. The Department shall withhold state funds until the entity is found to be in compliance with Section 381.00316, F.S. This shall apply to any of the following entities: a. A public transit provider as defined in s. 341.031(1), F.S.; b. An authority created pursuant to chapter 343, F.S., chapter 348, F.S., or chapter 349, F.S.; c. A public-use airport as defined in s. 332.004, F.S.; or d. A port listed in s. 311.09(1), F.S. – End of Exhibit E1 – Page 37 of 39 Docusign Envelope ID: DACAED4A-DA05-4DC6-A461-C3A406FB18E8 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 03/25 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://myfloridacfo.com/docs-sf/accounting-and-auditing- libraries/manuals/agencies/reference-guide-for-state-expenditures.pdf?sfvrsn=b4cc3337_6 Page 38 of 39 Docusign Envelope ID: DACAED4A-DA05-4DC6-A461-C3A406FB18E8 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 03/25 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: $600,000 *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 39 of 39 Docusign Envelope ID: DACAED4A-DA05-4DC6-A461-C3A406FB18E8 FLORIDA DEPARTMENT OF TRANSPORTATION FUNDS APPROVAL G3F99 7/30/2025 CONTRACT INFORMATION FUNDS APPROVAL INFORMATION FUNDS APPROVED/REVIEWED FOR JASON ADANK, CPA, COMPTROLLER ON 7/30/2025 Action:Original Reviewed or Approved:APPROVED Organization Code:55072020728 Expansion Option:A6 Object Code:751000 Amount:$600,000.00 Financial Project:45594919401 Work Activity (FCT):215 CFDA: Fiscal Year:2026 Budget Entity:55100100 Category/Category Year:088719/26 Amendment ID:O001 Sequence:00 User Assigned ID: Enc Line (6s)/Status:0001/04 Total Amount:$600,000.00 Contract:G3F99 Contract Type:GD - GRANT DISBURSEMENT (GRANT) Vendor Name:CITY OF CLEARWATER Vendor ID:F596000289005 Beginning Date of This Agreement:07/29/2025 Ending Date of This Agreement:06/30/2029 Contract Total/Budgetary Ceiling:ct = $600,000.00 Method of Procurement:G - GOVERMENTAL AGENCY (287.057,F.S.) Description:Construct Commerical Hangars Page1 of 1 To: Raymond.Clark@dot.state.fl.us Docusign Envelope ID: DACAED4A-DA05-4DC6-A461-C3A406FB18E8 RESOLUTION NO 25-10 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 CORPORATE HANGARS 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 Corporate Hangars at the Clearwater Airpark under Joint Participation Agreement Financial Project No.: 455949-1-94-01, Contract No.: G3F99 (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 _____________, 2025. ____________________________ 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#25-0769 Agenda Date: 9/4/2025 Status: Public HearingVersion: 1 File Type: Action ItemIn Control: City Council Agenda Number: 6.14 SUBJECT/RECOMMENDATION: Approve Slip Rate Increases for Marina Transient, Recreational and Commercial Tenants. SUMMARY: At the August 6, 2025 special work session, Council gave direction to adjust the slip rental rates based on the Market Rate Study conducted by Walter Duke and Partners. Following the results of the comprehensive slip rental market rate study conducted in Spring 2025, staff recommends adjusting marina slip rental rates to align with current market conditions. The study revealed that Clearwater’s rates were significantly below market averages across all marina facilities. To mitigate the impact on tenants and provide a smooth transition, the rate adjustment will be phased in over a six-month period as recommended by the Marine Advisory Board as follows: Effective October 1, 2025: Harbor Marina and Beach Marina Tenants - Clearwater Resident: $17.46 per foot per month - Non-Resident: $19.61 per foot per month Island Estates - Clearwater Resident: $16.16 per foot per month - Non-Resident: $18.47 per foot per month Transient Dockage -Daily per foot per day: $3.50 -Weekly per foot per Week: $17.50 ($2.50 per day) -Monthly per foot per Month: $53.27 ($1.78 per day) Effective April 1, 2026: Harbor Marina and Beach Marina Tenants - Clearwater Resident: $23.00 per foot per month - Non-Resident: $25.30 per foot per month Island Estates - Clearwater Resident: $20.00 per foot per month - Non-Resident: $22.00 per foot per month Effective After Phase 1 of Beach Marina Construction (Est. November 1, 2025) Beach Marina Commercial Tenants -Commercial: $23.65 per foot per month Effective 6 Months After Phase 1 of Beach Marina Construction (Est. May 1, 2026) Page 1 City of Clearwater Printed on 9/2/2025 File Number: ID#25-0769 Beach Marina Commercial Tenants -Commercial: $31.05 per foot per month This phased approach ensures fairness and transparency while maintaining financial sustainability for marina operations and aligning with market expectations. The goal is to be net neutral providing the enterprise fund with the ability to cover all costs for operations, major repairs, and eventual replacement of all marina facilities. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A 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 9/2/2025 BEACH PRIVATE TENANTS Resident (per ft, per mo) Non-Resident (per ft, per mo) HARBOR PRIVATE TENANTS Resident (per ft, per mo) Non-Resident (per ft, per mo) ISLAND ESTATES Resident (per ft, per mo) Non-Resident (per ft, per mo) COMMERCIAL TENANTS Base Total w/ tax 4 Passengers $487.44 $502.06 6 Passengers $573.48 $590.68 7 to 19 Passengers $684.85 $705.40 20 to 39 Passengers $744.38 $766.71 40 to 69 Passengers $1,022.71 $1,053.39 70 to 89 Passengers $1,245.06 $1,282.41 90 to 100 Passengers $1,422.93 $1,465.62 101 to 160 Passengers $1,565.19 $1,612.15 161 and over $2,561.27 $2,638.11 Yacht repairs - Island Estates Marine Aquarium OFFICE/STORAGE RENT Per square foot monthly charge TRANSIENT DOCKAGE DAILY Per foot, per day WEEKLY Per foot, per week MONTHLY Per foot, per month DOCKWA Daily equivalent of weekly rate DOCKWA Daily equivalent of monthly rate Current Rates $10.77 $13.06 $11.92 $13.92 $12.32 $14.94 $8.45 $13.74 $41.22 Under Agreement $7.65 $1.96 $1.38 $2.75 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#25-0828 Agenda Date: 9/4/2025 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: City Manager's Office Agenda Number: 6.15 SUBJECT/RECOMMENDATION: Approve a Capital Project Funding Agreement grant for the construction of the Clearwater Beach Marina in the amount of $7,850,000, between Pinellas County and the City of Clearwater and authorize the appropriate officials to execute same. SUMMARY: The city has been awarded a grant from Pinellas County in the amount of $7,850,000 for construction of the Clearwater Beach Marina. The Clearwater Beach Marina has not undergone any major replacement or renovations since 1965. On June 20, 2024, City Council approved a construction agreement with Kokolakis Contracting, Inc to reconstruct the Clearwater Beach Marina at a cost of $43,469,475. Construction began in November 2024 and is currently in progress. An economic impact study reported the Clearwater Beach Marina commercial operations hosted 1 million visitors, contributed 175,400 room nights, and $126 million in direct spending. Therefore, the City applied for a capital funding grant through the Tourist Development Council (TDC) and was awarded a grant in the amount of $7,850,000. The grant requires a cash match in the same amount, which is already budgeted in the current project. As part of the agreement, the City will have to provide various marketing and sponsorship benefits to Visit St. Pete-Clearwater for a period of ten years. Additionally, the City will have to insure replacement cost at a level of at least 90%. APPROPRIATION CODE AND AMOUNT: Grant revenues will be credited upon receipt in capital project C1905, Beach Marina Upgrade. USE OF RESERVE FUNDS: N/A STRATEGIC PRIORITY: Approval of the purchase order supports several Strategic Plan Objectives, including:   · 1.2: Maintain public infrastructure, mobility systems, natural lands, environmental resources, and historic features through systematic management efforts.    · 2.3: Promote Clearwater as a premier destination for entertainment, cultural experiences, tourism, and national sporting events. Page 1 City of Clearwater Printed on 9/2/2025 1 CAPITAL PROJECT FUNDING AGREEMENT Clearwater Beach Municipal Marina THIS AGREEMENT (“Agreement”) is made and entered into as of the ____ day of , 20 (“Effective Date”), by and between Pinellas County, a political subdivision of the State of Florida (“County” or “VisitSPC”) and the City of Clearwater, a municipality (“Organization”) (collectively, the “Parties” or individually a “Party”). WHEREAS, in accordance with Section 118-32 Pinellas County Code and Florida Statutes § 125.0104, the County is authorized to utilize tourist development tax revenues to fund statutorily eligible capital projects; and WHEREAS, in order to equitably and consistently evaluate capital project funding requests, the County adopted Capital Project Funding Guidelines, which established both the requisite criteria, documents, studies and related financial information to be submitted by a capital funding applicant, as well as the capital project funding application and review process; and WHEREAS, as part of the review and evaluation process, the County hired a consultant to review capital project funding applications and to provide a report of same to both the County and the Tourist Development Council for their consideration when evaluating capital project funding applications; and WHEREAS, after due consideration of the capital project funding applications, the Consultant’s report and the recommendations of its Tourist Development Council, the County has approved the funding of certain capital projects determined to best promote tourism in Pinellas County; and WHEREAS, the County, through its Board of County Commissioners agrees to provide Organization with funding for the Capital Project, as defined herein, in the amount and in accordance with the terms and conditions described herein; and WHEREAS, this agreement sets forth the rights and obligations of the Parties related to the capital project, funding, and related matters. NOW, THEREFORE, in consideration of the foregoing recitals, the mutual promises contained herein and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the Parties agree as follows: 1. RECITALS. The above recitals are true and correct and are adopted as an integral part of this Agreement. 2. DEFINITIONS. In addition to other capitalized terms or phrases that may be defined elsewhere in this Agreement, the following capitalized terms have the meaning set forth as follows: 2 A. “Capital Project” or “Project” means that certain statutorily eligible project/facility as described in Exhibit A. B. “Commencement Date” means the date that Organization commences construction of the Capital Project improvements on the project site after completion of the project design and the issuance of all permits and approvals necessary to construct the Capital Project. C. “Repayment Amount” means the specific amount repayable to the County by the Organization under the circumstances of paragraph 6(F) herein, which will be calculated as follows: REPAYMENT AMOUNT=A x (B/C) where: A - is the final aggregate amount of funds actually disbursed to the Organization by the County per the agreement; B - is the number of complete calendar months remaining per the term of the Tourism Promotion Benefits as stated in Exhibit B, if the circumstances of 6(F) occur; and C - is the total number of months under the term of the Tourism Promotion Benefits as stated in Exhibit B. D. “Tourist Promotion Benefits” means any and all tourism, sponsorship and/or marketing benefits provided by Organization to promote the destination, including but not limited to such Tourism Promotion Benefits as may be negotiated by County staff as part of the consideration for the County funding of the Project, as further described in Exhibit B. E. “Tourist Tax Revenues” means any legally available tourist tax revenues levied and collected by the County pursuant to Section 125.0104, Florida Statutes, for capital funding of the Project in accordance with the County's Tourist Development Plan. 3. TERM. The term of this Agreement will commence on the date executed by the County, below (“effective date”) and continue in full force and effect for three (3) years ("Term"), unless otherwise terminated as provided herein. 4. CONDITIONS PRECEDENT TO CAPITAL PROJECT FUNDING. The disbursement of, and any continued funding for the Capital Project herein, is subject to the following conditions precedent during the Term: A. Organization continues to own and operate Capital Project improvements. B. Organization provides the Tourism Promotion Benefits to the County as described in Exhibit B. C. Florida law and The Plan authorize tourist tax revenues to be expended for such capital improvements. D. The Commencement Date occurs no later than October 1, 2025, and the Capital Project is completed no later than three years from the Effective Date of this agreement. 3 E. Any and all match requirements, as applicable, have been met. F. For projects requiring matching funds, match funds must be maintained and County must be notified immediately if those match funds are lost or become unavailable. G. Any and all private funds utilized in a capital project funded herein, must be expended first before County funds are expended on the Capital Project. 5. COUNTY'S RESPONSIBILITIES. Upon the Organization providing any documentation establishing satisfaction of the conditions precedent as required in Section 4, the County agrees to pay the Capital Project Funds in the sum of not to exceed Seven Million Eight Hundred and Fifty Thousand Dollars ($7,850,000.00) (“Capital Project Funds”), from legally available Tourist Tax Revenues and from no other revenue source of the County, payable as follows: A. Reimbursement Payment will be made in a lump sum upon completion of the Capital Project. To request a Reimbursement Payment, the Organization must submit a written payment request to the VisitSPC at the address set out in Section 12.A., with such documentation as reasonably required herein or subsequently requested by the VisitSPC Director. At a minimum, the payment request must include documentation detailing: i. the work completed that the Organization is seeking reimbursement for; ii. Proof of payment for the work to any contractor/vendors used by the Organization; iii. Certification from either the contractor, design professional, or the Organization certifying the work has been completed and paid for before submittal of the payment request. B. The County’s contributions of Capital Project Funds will in no event exceed any amount agreed to herein and any and all excess Project costs are the sole responsibility of the Organization. 6. ORGANIZATION RESPONSIBILITIES. During the Term of this Agreement, the Organization will: A. Manage, supervise, oversee, pay all costs and expenses related to, and be solely responsible for completing the Project including, but not limited to securing all permits and approvals required for the Project, contracting and/or subcontracting with all third parties necessary to complete the Project, and operate the project/facility. B. Utilize all commercially reasonable efforts to complete Project by the date set out in Section 4.D., but in any event, no later than the term of this agreement. C. Notify County of any project cost savings or changes in scope of work that reduces Project costs as described in Exhibit A, which will result in a reduction of the County’s contribution on a pro rata basis. Organization may elect to increase the Project budget set out in Exhibit A or any component or part thereof with notice to the County, and Organization will 4 be solely responsible for such additional costs and expenses, including any cost overruns on the Project. D. Provide the Tourism Promotion Benefits to the County as described in Exhibit B. E. Cooperate with VisitSPC as requested to market Pinellas County Tourism. F. Secure property insurance on the Capital Project, during the construction phase of the Capital Project as well as upon completion of same, on a replacement cost basis, with limits of at least ninety percent (90%) of the replacement cost value to cover perils including, but not limited to, fire, explosion, windstorm and flood. The County will be listed as a loss payee as the County's interest may appear. In the event of an insurable loss to the Capital Project for which the Organization uses insurance funds to rebuild the Capital Project, the County will surrender any insurance proceeds and/or loss payee rights to the Organization. Should the Organization not rebuild the Capital Project, the County will be afforded the benefits of the insurance proceeds as the County's interests may appear, but in no event less than the Repayment Amount. A certificate of evidence of property insurance will be sent to Pinellas County Risk Management Department, 400 S. Ft. Harrison Ave., Clearwater, FL 33756 prior to disbursement of funds hereunder and annually thereafter. This subsection will survive the expiry or early termination of this Agreement. G. In the event the Capital Project herein is not completed the Organization will be responsible to pay the County the Repayment Amount. This subsection will survive the expiry or early termination of this Agreement. H. Upon completion of the Capital Project herein, secure and maintain property insurance on a replacement cost basis, with limits of at least ninety percent (90%) of the replacement cost value to cover perils including, but not limited to, fire, explosion, windstorm and flood. The County will be listed as a loss payee as the County’s interest may appear. In the event of an insurable loss to the Capital Project for which the Organization uses insurance funds to rebuild the Capital Project, the County will surrender any insurance proceeds and/or loss payee rights to the Organization. Should the Organization not rebuild the Capital Project, the County will be afforded the benefits of the insurance proceeds as the County’s interests may appear, but in no event less than the Repayment Amount. A certificate of evidence of property insurance will be sent to Pinellas County Risk Management Department, 400 S. Ft. Harrison Ave., Clearwater, FL 33756 prior to disbursement of funds hereunder and annually thereafter. This subsection will survive the expiry or early termination of this Agreement. 7. DEFAULTS AND REMEDIES. A. Events of Default. Each of the following constitutes an event of default (each, an "Event of Default") hereunder: 1. A breach by the Organization of any material term, covenant, obligation or agreement under this Agreement, and the continuance of such breach for a period of thirty (30) days after written notice thereof has been given to Organization except for a breach of 5 those provisions described in subsection 4, 5 or 6 below, which will entitle the County to immediately exercise the available remedies; 2. Organization voluntary filing of or consent to a petition under any bankruptcy, insolvency, or reorganization law, failure to secure the dismissal of an involuntary bankruptcy petition within 60 days of filing, or a determination by a court of competent jurisdiction that is insolvent and unable to pay its debts when due; 3. A payment request containing a material misrepresentation; 4. Organization having ceased operations of the Capital Project/ tourism facility during the Term; 5. The tourist tax revenues are no longer legally available to pay this obligation, as a result of circumstances including but not limited to repeal or expiration of the tourist tax as provided by law, change in the law or Plan, or if the tourist tax is no longer available for whatever reason. 6. Organization fails to provide the Tourism Promotion Benefits for the term as described in Exhibit B. 7. Organization fails to pay taxes and/or assessments, if any. B. Remedies. Upon or at any time after the occurrence of an Event of Default which has not been cured if authorized herein: 1. The County may withhold, temporarily or permanently, any or all unpaid portion of the Capital Project Funds and/or may terminate this Agreement by giving fifteen (15) calendar days’ notice to the Organization. If permanently terminated, the County will then have no further funding obligation under this Agreement; 2. If the County has paid any Capital Project Funds, the Organization will repay to the County all Capital Project Funds received by it for the Project prior to the non-cured default; 3. Additionally the County may exercise any right, power, or remedy as provided in law or equity. C. No consent or waiver, express or implied, by the County to or of any breach or default by the Organization in the performance of its obligations under this Agreement will constitute a consent to or waiver of any similar breach or default by the Organization. The failure of the County to complain of any act or omission to act by the Organization or to declare the Organization in default, irrespective of how long such failure continues, will not constitute a waiver by the County of its rights under this Agreement. 6 8. COMPLIANCE WITH LAWS. The Parties will comply with all applicable federal, state, and local laws, ordinances, rules and regulations, the federal and state constitutions, and the orders and decrees of any lawful authorities having jurisdiction over the matter at issue including but not limited to applicable public records laws. 9. INDEMNIFICATION. Organization will, to the extent permitted by law, protect, defend, indemnify, pay the cost of defense, and hold harmless the County, its agents, officers and employees from all damages, suits, actions or claims of any character brought on account of any injuries or damages received or sustained by any person, persons, or property, or in any way relating to or arising from the construction or operation of the Project herein or its performance under the Agreement; or on account of any act or omission, neglect or misconduct of the Organization, its agents, officers, employees, contractors, subcontractors; or arising from or by reason of any actual or claimed trademark, patent or copyright infringement or litigation based thereon; or by, or on account of, any claim or amounts received under the Workers' Compensation Law or of any other laws, by-laws, ordinance, order or decree. 10. DUE AUTHORITY. Each party to this Agreement represents and warrants to the other party that: (i) it has the full right and authority and has obtained all necessary approvals to enter into this Agreement; (ii) each person executing this Agreement on behalf of the party is authorized to do so; and (iii) this Agreement constitutes a valid and legally binding obligation of the party, enforceable in accordance with its terms. 11. ASSIGNMENT. No party to this Agreement may assign any rights or delegate any duties under this Agreement without the prior written consent of the other party. 12. NOTICES. A. Unless and to the extent otherwise provided in this Agreement, all notices, demands, requests for approvals and other communications which are required to be given by either party will be in writing and will be deemed given and delivered on the date delivered in person to the authorized representative of the recipient provided below, upon the expiration of five (5) days following the date mailed by registered or certified mail, postage prepaid, return receipt requested, to the authorized representative of the recipient provided below, or upon the date delivered by overnight courier (signature required) or emailed to the authorized representative of the recipient provided below: TO THE COUNTY: TO THE ORGANIZATION: Brian Lowack, President & CEO Visit St. Pete-Clearwater 8200 Bryan Dairy Rd., Suite 200 Largo, FL 33777 BLowack@VisitSPC.com Daniel Slaughter, Assistant City Manager City of Clearwater 600 Cleveland St., Suite 600 Clearwater, FL 33755 Daniel.Slaughter@MyClearwater.com B. Either party may change its authorized representative or address for receipt of notices by providing the other party with written notice of such change. The change will become effective upon receipt by the non-changing party of the written notice of change. 7 13. WAIVER. No act of omission or commission of either party, including without limitation, any failure to exercise any right, remedy, or recourse, will be deemed to be a waiver, release, or modification of the same. Such a waiver, release, or modification is to be effected only through a duly executed written modification to this Agreement. 14. GOVERNING LAW. This Agreement will be construed in accordance with the Laws of the State of Florida. 15. JURISDICTION AND VENUE. Venue for any action brought in state court will be in Pinellas County, Clearwater Division. Venue for any action brought in federal court will be in the Middle District of Florida, Tampa Division, unless a division will be created in Pinellas County, in which case the action will be brought in that division. Each party waives any defense, whether asserted by motion or pleading, that the aforementioned courts are an improper or inconvenient venue. Moreover, the Parties consent to the personal jurisdiction of the aforementioned courts and irrevocably waive any objections to said jurisdiction. 16. BINDING EFFECT. This Agreement will inure to the benefit of and be binding upon the Parties' respective successors and assigns. 17. NO THIRD-PARTY BENEFICIARY. Persons not a party to this Agreement may not claim any benefit hereunder or as third-party beneficiaries hereto. 18. HEADINGS. The paragraph headings are inserted herein for convenience and reference only and in no way define, limit, or otherwise describe the scope or intent of any provisions hereof. 19. NO CONSTRUCTION AGAINST PREPARER OF AGREEMENT. This Agreement has been prepared by County and reviewed by the Organization and its professional advisors. The Parties and their professional advisors believe that this Agreement expresses their understanding and that it should not be interpreted in favor of, or against either Party merely because of their efforts in preparing it. 20. DOCUMENTS COMPRISING AGREEMENT & ENTIRE AGREEMENT. This Agreement consists of this Capital Funding Project Agreement and the following exhibits, which are attached hereto and incorporated herein by reference: Exhibit A: Capital Project Scope of Work Exhibit B: Tourism Promotion Benefits In the event of a conflict between this Capital Funding Project Agreement and the referenced exhibits, the Capital Funding Project Agreement will supersede over the exhibits, and the exhibits in their listed order will supersede over the succeeding exhibits. This Agreement constitutes the entire agreement between the Parties and no change will be valid unless made by supplemental written agreement executed by the Parties. 8 21. SEVERABILITY. Should any paragraph or portion of any paragraph of this Agreement be rendered void, invalid or unenforceable by any court of law for any reason, such determination will not render void, invalid or unenforceable any other paragraph or portion of this Agreement. 22. FUNDING OBLIGATION. This Capital Project Funding Agreement is not a general obligation of the County. It is understood by Organization that neither this Agreement nor any representation by any County employee or official creates any obligation to appropriate or make funds available for the purposes of this Agreement beyond the fiscal year in which this Agreement is executed. No liability will be incurred by the County, or any department thereof, beyond the funding budgeted and available for the purposes of this Agreement in the County’s fiscal year. If funds are not appropriated by the County for any reason for any or all of this Agreement, the County will notify Organization in writing and upon transmission of this notice, this Agreement, and all rights and obligations contained therein will terminate without liability or penalty to the County. Notwithstanding the foregoing, the County will not be prohibited from pledging any legally available Tourist Development Taxes for any obligations incurred before or after the effective date of Agreement, which pledge will be prior and superior to any obligation of the County pursuant to this Agreement. 23. INDEPENDENT CAPACITY. A. The Parties agree that the Organization, its officers, agents, and employees, in performance of this Agreement, will act in the capacity of an independent contractor and not as an officer, employee, or agent of the County. Organization agrees to take such steps as may be necessary to ensure that any third-party Organization contracts with will be deemed to be an independent contractor and will not be considered or permitted to be an agent of the County. B. Organization has no authority to pledge, and will not attempt to pledge, the County's credit or make the County a guarantor of payment or surety for any contract, debt, obligation, judgment lien, or any form of indebtedness. 24. DAMAGES. In no event will either Party be liable to the other (nor to any person claiming any right, title, or interest derived from, or as a successor to the agreement) for incidental, consequential, or special damages of any kind, including without limitation, lost profits, or loss of business arising out of this funding agreement irrespective of whether the parties have advance notice of the possibility of such damage; provided however, the foregoing limitation does not apply to the indemnification obligations described in Section 9 herein. 25. PUBLIC RECORDS. Organization acknowledges that information and data relating to its services may be public records in accordance with Chapter 119, Florida Statutes. Organization agrees that prior to providing services it will implement policies and procedures to maintain, produce, secure, retain, and transfer public records in accordance with applicable laws and regulations. Notwithstanding any other provision of this Agreement relating to compensation, Organization agrees to charge the County, and/or any third parties requesting public records only such fees allowed by Section 119.07, Florida Statutes for locating and producing public records associated with this Agreement. 9 26. RIGHT TO AUDIT. A. All of the Organization records related to this Agreement will be open to inspection and subject to reproduction by the County during normal working hours to the extent necessary to permit adequate evaluation and verification of any invoices for payment, or claims, submitted by the Organization pursuant to the execution of the Agreement. Such records will include, but not be limited to, accounting records, written policies and procedures, subcontractor files, original estimates, estimating worksheets, correspondence, Change Order files (including the documentation of negotiated settlements), any supporting evidence necessary to substantiate charges related to this Agreement, and any records necessary to evaluate and verify costs as they may apply to costs associated with this Agreement. B. For the purpose of such audits, inspections, examinations and evaluations, the County will have access to the said records from the effective date of this Agreement, for the duration of the Work, and until thirty-six (36) months after the date of final payment by the County to the Organization for performance under this Agreement. The Organization hereby agrees to maintain said records in safe and dry storage until the end of this time period. C. The County will have access to the Organization’s facilities and all necessary records in order to conduct audits in compliance with this Paragraph. 27. TIME IS OF THE ESSENCE. Time is of the essence with respect to all provisions of this Agreement and attachments hereto that specify a time for performance; provided, however, that the foregoing will not be construed to limit a Party’s grace period allowed herein. 28. SURVIVAL. The terms and obligations of Sections 6, 7, 9, 22, 24, 25, and 26 of this Agreement will survive the termination of this Agreement. <Remainder intentionally left blank> 10 IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their duly authorized representatives on the date first above written. PINELLAS COUNTY, FLORIDA, CITY OF CLEARWATER by and through its Board of County Commissioners By: By: Chair Jennifer Poirrier, City Manager ATTEST: ATTEST: KEN BURKE ROSEMARIE CALL By: __________________________ By: ___________________________ Deputy Clerk City Clerk Approved as to Form: By:___________________________ Melissa Isabel Assistant City Attorney 1 EXHIBIT A Capital Project Scope of Work Clearwater Beach Municipal Marina The Clearwater Beach Municipal Marina Replacement Project will replace the existing, deteriorating timber docks and associated utilities with a reconfigured and expanded footprint. This new design will make the marine fully ADA accessible and provide easy access to other attractions on Clearwater Beach. It will improve pedestrian flow and make the Clearwater Beach Municipal Marina a walkable destination and attraction for our visitors that more cleanly ties into Clearwater Beachwalk. The following improvements are some of the major improvements that are part of this Project: • Replacement of the existing fixed dock marina with a combination of fixed docks for the commercial slips and floating docks for the recreational, transient, fuel, and ferry slips. • Replacement of the overwater marina utilities (water, sewer, fire water, electrical, fuel) with code-compliant utilities serving the needs of modern recreational vessels. • Seawall replacement along the west and north sides of marina basin and raising the seawall to be above the City’s minimum seawall elevation of +5.12’ NAVD (+6.0’ NGVD, MSL). • 5,300 cubic yards of maintenance dredging. • Sidewalk replacement and improvements along the northern and eastern edge of the marina property with landscaping, hardscaping, and lighting to activate “Marina Walk” – a pedestrian-friendly waterfront promenade that extends the full length of the marina’s northern and western shoreline, connecting Beach Walk to the restaurants and retail along the marina property, the commercial boating operations, and the Memorial Causeway Bike Trail and bridge underpass at Mandalay Channel. • Relocation of the existing overwater kiosks for the commercial fleet to the uplands in a plaza-type setting. • The creation of a plaza to support the kiosk operations and to reduce sidewalk congestion requires the reduction of 38 parking spaces within the existing marina parking lot. • In a separate project, the City of Clearwater intends to build a parking garage to support the commercial operations parking needs and upland support needs at an estimated expense of $36mm. • Replacement of the existing over-water fuel office building with a floating building of equivalent size. • ADA compliant docks in accordance with the Florida Building Code for Accessibility and the ADA Guidelines for Recreational boating facilities. 2 Project Timeline The Clearwater Beach Municipal Marina Replacement Project began construction in October 2024. The project has an agreed upon guaranteed maximum price (GMP) from the selected Construction Manager at Risk (CMAR) in the amount of $43.5mm which was approved by the Clearwater City Council approval in July 2024. The construction is divided into two phases to ensure the commercial operations can remain operational during construction. Phase One, which involves the construction of the East Promenade begin in November 2024 and is anticipated to be completed in December 2025 or no later than October 2025. Phase Two will involve the construction of the West Promenade and is anticipated to begin December 2025 and expected to be complete by August 2026. A current (April 10, 2025) critical path construction schedule is provided below: 3 1 EXHIBIT B Tourism Promotion Benefits The Clearwater Beach Municipal Marina, City of Clearwater (CITY) shall provide, at a minimum, the following Marketing and/or Sponsorship benefits to Visit St. Pete-Clearwater (VisitSPC) as part of the Capital Project Funding Agreement for a period of 10 years from the Effective Date of this agreement: 1) Marketing & Advertising Benefits: a. VisitSPC will place prominent signage while under construction with “From Visitors with Love” Message. b. VisitSPC will be given space to place a kiosk promoting visitor activities. c. VisitSPC will be given a mutually agreed upon area for our team to hold activations when needed. 2) PR & Event Benefits: a. CITY to collaborate with VisitSPC on media tours and influencer opportunities by hosting press/influencers. b. CITY to collaborate with VisitSPC on both in-market and out-of-market brand activations and media tours, as mutually determined by the parties. c. CITY to include VisitSPC, in a mutually agreed upon manner, on all CITY press releases related to the new facility and in media kits. 3) Digital Communications Benefits: a. Branding & Content: CITY to include VisitSPC branding, content and links on CITY website and/or other digital platforms as appropriate, in a manner to be mutually agreed upon. This may include, but not be limited to, an “about our area” section across CITY digital platforms and a “where to stay” section, backlink or embedded widget to VisitSPC booking software/places to stay section. b. Data Sharing: (i) VisitSPC to provide an Adara Software Development Kit (“SDK”) for facility to implement onto its website to understand the customer/visitor journey. Data can be shared with facility to provide insights. (ii) If Applicable CITY to upload annually a customer record file to Adara Consortium Catalog. Customer records will not be 2 accessible to VisitSPC or Adara and personal identifiable data should never be emailed. VisitSPC will provide a file upload link and data will be anonymized and encrypted. Customer records will be matched across the data consortium to profiles to gain holistic view of customer journey. 4) Onsite (at CITY) Benefits: a. Permanent signage at/near guest-entrance of CITY acknowledging VisitSPC capital funding contribution. b. Monthly one-day access to CITY for VisitSPC's onsite survey team to collect tourism related data. VisitSPC responsible for questionnaire & related resources. 5) Additional Benefits: a. CITY must advertise The FunShine Savings Passport (or similar) within the facility on signage or collateral at agreed upon location. The FunShine Savings Passport is a promotional community event coordinated or sponsored by VisitSPC, which event has been explained to CITY. b. CITY will make its best efforts to encourage tenants to promote the destination with collateral provided by VisitSPC. 6) Other: a. CITY to provide annual reporting to VisitSPC on the marketing and/or sponsorship benefits provided. b. CITY and VisitSPC to meet annually to review effectiveness of marketing and/or sponsorship benefits and, if VisitSPC or CITY is of the reasonable opinion that a particular marketing and/or sponsorship benefit is outdated and/or not performing as expected and/or is no longer of equivalent value for the purposes of promoting Pinellas County as a tourist destination, VisitSPC and CITY shall mutually agree on modifications to that specific benefit. c. VisitSPC has the ability to install Visitor tracking devices to measure foot traffic and/or visitor analytics. d. A parking permit/dedicated parking spaces, or equivalent parking access for parking up to five (5) when needed for VisitSPC purposes. Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#25-0768 Agenda Date: 9/15/2025 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Public Works Agenda Number: 6.16 SUBJECT/RECOMMENDATION: Award a construction contract to Creative Contractors Inc, of Clearwater Florida, for the construction of a downtown parking garage in the not exceed amount of $19,328,118.96 pursuant to Invitation to Bid (ITB) 22-0011-EN and authorize the appropriate officials to execute same. SUMMARY: Pursuant to City Council’s award of design services to Harvard Jolly (now PBK) on November 7, 2022, construction documents were finalized for a downtown parking garage at 155 S. Osceola Ave. Invitation to Bid (ITB) # 22-0011-EN was advertised on May 28, 2025. The bid opening was August 5, 2025, with Creative Contractors Inc, of Clearwater Florida as the lowest responsible bidder at $19,043,118.96, the lowest among the 5 bids received. The five bids are within 6.6% of each other indicating a well-defined scope, high quality plans and specifications with minimal ambiguity, and clear understanding of the project by the contractors. The tight spread demonstrates a competitive market resulting in fair and reliable bids. The City and Creative Contractors are obtaining builder’s risk insurance quotes, and the lowest option will be used. The estimated cost of the required insurance not originally included in the bid is ~1.5% or $285,000.00. Early geological testing identified an anomaly under the site that will require an unknown quantity of grout to address as well as the possible need to grout abandoned pipe. To address these unknowns, minimize risk and avoid overpaying for material not needed, the contract includes unit prices for this work (linear feet of pipe grout and cubic yards of flowable fill), locking in the unit prices for an unknown quantity with no total value. Actual amounts will be determined in project development. Lastly, there will be significant construction downtown at very close proximity to and occurring simultaneously with the garage project, creating challenges with logistics, staging, and right-of-way (ROW) access for work included in adjacent projects (i.e. Osceola Corridor Improvements). Pursuant to City Ordinance 2.554(6)(b) the Council authorizes the City Manager to approve change orders and appropriate funds -- if needed - in an amount up to 10% of the agenda item. It is anticipated that change orders may be necessary to address these issues. Staff is requesting award of the contract to Creative Contractors, Inc. for a not to exceed contract total of $19,043,118.96 and an amount not to exceed $285,000.00 for the purchase of builders risk insurance, for a total not to exceed amount of $19,328,118.96. Construction will start in mid-October 2025 with a 14-month duration and completion in Page 1 City of Clearwater Printed on 9/2/2025 File Number: ID#25-0768 December 2026. APPROPRIATION CODE AND AMOUNT: Funds are available in capital improvement project ENPK230001 Downtown Parking Garage 3357335-500000, to fund this contract, funded by revenues from the Parking Enterprise Fund. STRATEGIC PRIORITY: 1.2- Maintain public infrastructure, mobility systems… through systematic maagemnet efforts. 1.3- Adopt responsive levels of service for public facilities and amenities, and ID resources required to sustain that level of service. 3.2- Preserve community livibility through responsible development standards… Page 2 City of Clearwater Printed on 9/2/2025 South Osceola Parking Garage Project # 22-0011-EN Bid Opening August 5, 2025 @ 2pm If remove the unit prices Low Bidder - Creative Contractors, Inc. $19,043,417.96 $19,043,119.96 Roy Anderson -$19,103,737.00 $19,103,410.00 JE Dunn - $19,395,431.65 $19,395,059.65 Kokolakis Contracting - $19,875,030.55 $19,874,681.89 Manhatten -$20,299,627.83 $20,299,298.83 20,299,277.68 Creative Contractors, Inc.JE Dunn Construction Company Kokolakis Contracting MANHATTAN CONSTRUCTION COMPANY LLCRoy Anderson Corp SelectedLine Item Description Unit of Measure LUMP SUM LUMP SUM LUMP SUM LUMP SUM LUMP SUM X 1 Division 01-General Requirements LUMP SUM $1,707,817.00 $1,435,624.00 $1,408,413.79 $1,454,061.88 $1,285,877.00X2 Division 02-Existing Conditions LUMP SUM $170,402.00 $0.00 $71,811.82 $0.00 $0.00 X 3 Division 03-Concrete LUMP SUM $6,297,464.00 $1,367,180.00 $6,381,856.68 $6,965,723.76 $6,900,616.00 X 4 Division 04-Masonry LUMP SUM $338,854.00 $355,707.00 $240,829.54 $319,385.32 $243,089.00 X 5 Division 05-Metal LUMP SUM $620,277.00 $379,422.00 $619,031.91 $870,939.13 $569,359.00 X 6 Division 06-Wood and Plastics LUMP SUM $5,432.00 $0.00 $181,159.72 $0.00 $1,425.00 X 7 Division 07-Thermal and Moisture Protection LUMP SUM $813,645.00 $720,939.00 $1,075,579.14 $1,162,608.00 $865,945.00 X 8 Division 08-Doors and Windows LUMP SUM $664,316.00 $674,679.00 $678,349.09 $674,027.61 $656,729.00 X 9 Division 09-Finishes LUMP SUM $494,894.00 $668,194.00 $277,878.59 $377,120.78 $778,692.00 X 10 Division 10-Specialties LUMP SUM $363,153.00 $183,693.00 $455,786.04 $536,169.30 $398,139.00 X 11 Division 11-Equipment LUMP SUM $243,601.00 $269,405.00 $352,970.94 $345,260.11 $330,532.00 X 12 Division 12-Furnishings LUMP SUM $32,781.00 $0.00 $34,909.53 $35,221.44 $53,256.00 X 13 Division 13-Special Construction LUMP SUM $0.00 $5,745,137.00 $0.00 $0.00 $0.00 X 14 Division 14-Conveying Systems LUMP SUM $393,793.00 $369,210.00 $374,145.90 $343,959.42 $330,991.00 X 15 Division 21-Fire Suppression LUMP SUM $631,868.00 $501,058.00 $574,432.22 $681,393.70 $369,372.00 X 16 Division 22-Plumbing LUMP SUM $682,448.00 $634,813.00 $645,169.91 $704,425.86 $694,533.00 X 17 Division 23-Heating, Ventilating and Air Conditioning LUMP SUM $444,897.00 $492,273.00 $445,212.11 $298,861.76 $460,978.00 X 18 Division 26-Electrical LUMP SUM $1,551,719.00 $1,570,861.00 $1,547,215.85 $1,607,729.60 $1,561,729.00 X 19 Division 28-Electronic Safety and Security LUMP SUM $0.00 $0.00 $0.00 $0.00 $0.00 X 20 Division 31-Earthwork LUMP SUM $2,240,948.00 $3,363,439.00 $3,638,748.93 $3,250,530.01 $2,948,804.00 X 21 Division 32-Exterior Improvements LUMP SUM $285,887.00 $98,521.00 $78,354.70 $80,618.90 $96,934.00 X 22 Division 33-Utilities LUMP SUM $504,270.00 $0.00 $213,951.25 $0.00 $0.00 Total $18,488,466.00 $18,830,155.00 $19,295,807.66 $19,708,036.58 $18,547,000.00 SelectedLine Item Description Quantity Unit of Measure Unit Cost Total Unit Cost Total Unit Cost Total 1 Grout Pipe 1 LF $18.00 $18.00 $30.00 $30.00 $21.06 $21.06 2 Injection Grout 1 CY $280.00 $280.00 $342.00 $342.00 $327.60 $327.60 Total $298.00 $0.00 $372.00 $348.66 Creative Contractors, Inc.JE Dunn Construction Company Kokolakis Contracting MANHATTAN CONSTRUCTION COMPANY LLCRoy Anderson Corp Selected Line Item Description Unit of Measure LUMP SUM LUMP SUM LUMP SUM LUMP SUM LUMP SUM 1 Base Bid: Single- Prime (All Trades)LUMP SUM $18,488,465.00 $18,830,155.00 $19,295,807.65 $19,708,036.58 $18,547,000.00 X 2 Owners Contingency Allowance (3% of Base Bid)LUMP SUM $554,653.96 $564,904.65 $578,874.23 $591,241.10 $556,410.00 Total $19,043,118.96 $19,395,059.65 $19,874,681.88 $20,299,277.68 $19,103,410.00 Creative Contractors, Inc.JE Dunn Construction Company Kokolakis Contracting MANHATTAN CONSTRUCTION COMPANY LLCRoy Anderson Corp Base Bid $18,488,466.00 $18,830,155.00 $19,295,807.65 $19,708,036.58 $18,547,000.00 Unit Prices $298.00 $372.00 $348.66 $350.15 $327.00 Contingency $554,653.96 $564,904.65 $578,874.23 $591,241.10 $556,410.00 Grand Total $19,043,417.96 $19,395,431.65 $19,875,030.54 $20,299,627.83 $19,103,737.00 Base Bid Pricing Base Bid and Contingency Unit Prices Creative Contractors, Inc.JE Dunn Construction Company Kokolakis Contracting Unit Cost Total Unit Cost Total $21.15 $21.15 $20.00 $20.00 $329.00 $329.00 $307.00 $307.00 $350.15 $327.00 MANHATTAN CONSTRUCTION COMPANY LLCRoy Anderson Corp August 11, 2025 NOTICE OF INTENT TO AWARD Public Works and the Procurement Division recommend award of ITB No. 2022-0011-EN, South Osceola Ave. Parking Garage, to Creative Contractors, Inc. of Clearwater, FL, the lowest most responsible bidder, in accordance with the bid specifications, in the amount $19,043,118.96. This Award recommendation will be considered by the City Council at the No Work Session and voted on at the September 4, 2025 Council Meeting (6:00 p.m.). These meetings are held at Clearwater Main Library, at 100 N. Osceola Ave., Clearwater, FL 33755. Inquiries regarding this Intent to Award can be directed to the City’s Administrative Assistant at (727) 444-8244, or mailed to City of Clearwater, Attn: Parking Division, PO Box 4748, Clearwater, FL 33758-4748. Posted on this date by: Lisa Bayly Administrative Assistant Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#25-0774 Agenda Date: 9/4/2025 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: City Council Agenda Number: 6.17 SUBJECT/RECOMMENDATION: Approve a purchase order to E.J. Ward, Inc. of San Antonio, TX, for the renewal of the License, Hardware, Maintenance, and Services Agreement related to fuel management software and hardware, GPS equipment and services, and associated professional services in an amount not to exceed $406,097.67, of which $158,497.16 is a ratify and confirm, for the term October 1, 2024 through September 14, 2026, pursuant to Clearwater Code of Ordinances Section 2.563 (1)(c) (Piggyback) and authorize the appropriate officials to execute same. SUMMARY: In October 2019 the City entered a five-year contract with E.J. Ward, Inc. as the preferred provider for integrated GPS, fuel management, and pump access control solutions. The system includes fuel pump management software and hardware, as well as GPS tracking software to support the City’s vehicle fleet. These tools enhance vehicle maintenance operations and asset accountability, contributing to greater maintenance efficiency, extended vehicle lifespan, improved fuel distribution, and reduced administrative burdens related to processing and reporting. The proposed renewal covers a 13-month term, with expenses outlined as follows: Year 1 - (9/15/2025 - 9/14/2026) - $247,600.51 There is also a charge for the period of October 1, 2024 - August 31, 2025, for services provided but invoices were not yet paid. (10/1/2024 - 9/14/2025) - $158,497.16 - Ratify and Confirm Total: $406,097.67 GPS services are expected to be installed in approximately 240 police vehicles until the County-wide police dispatch system becomes fully operational. Should the Police Department require continued use of EJ Ward’s services beyond this period, a separate item will be brought forward for Council’s authorization. Pricing has been provided under Sourcewell Contract No. 092920-EJW, valid through December 7, 2025, and Contract No. 081524-EJW, valid through November 18, 2028. APPROPRIATION CODE AND AMOUNT: This project will be funded from the General Services/Fleet Management operating budget, cost code 5666611-530300, contractual services; and the Information Technology/Enterprise Systems operating budget, cost code 5559864-530300, contractual services. The operations of Fleet Management are funded by revenues from the Garage Fund, an internal service fund of the City established for city-wide vehicle/equipment maintenance. The Page 1 City of Clearwater Printed on 9/2/2025 File Number: ID#25-0774 Information Technology Department is funded by revenues from the Administrative Services Fund, an internal service fund of the City established to manage city-wide information technology services. STRATEGIC PRIORITY: This purchase will support all the objectives of a High-Performance Government, as well as Superior Public Service. Page 2 City of Clearwater Printed on 9/2/2025 Clearwater Open Invoices Date Invoice Number Description Balance 10/31/2024 3000746 Geotab Subscription October 2024 $12,053.70 11/27/2024 3000744 Geotab Subscription November 2024 $12,053.70 12/31/2024 158 Geotab Subscription December 2024 $12,053.70 1/30/2025 398 Geotab Subscription January 2025 $12,449.85 2/28/2025 691 Geotab Subscription February 2025 $12,449.85 2/28/2025 918 Geotab Subscription March 2025 $12,449.85 4/7/2025 989 Fuel View SaaS Subscription April 2025-March 31, 2026 $15,977.04 4/30/2025 1238 Geotab Subscription April 2025 $12,449.85 5/30/2025 1524 Geotab Subscription May 2025 $12,449.85 6/23/2025 1688 WGFI Kits ordered by Matt Simpson $408.17 6/30/2025 1855 Geotab Subscription June 2025 $12,449.85 7/31/2025 2094 Geotab Subscription July 2025 $12,500.70 8/31/2025 Geotab Subscription August 2025 $12,500.70 9/14/2025 Geotab Subscription September 2025 $6,250.35 081524-EJW v052824 1 MASTER AGREEMENT #081524 CATEGORY: ďŽǀĞŐƌŽƵŶĚ&ƵĞůĂŶĚ&ůƵŝĚ^ƚŽƌĂŐĞǁŝƚŚZĞůĂƚĞĚ,ĂƌĚǁĂƌĞ͕^ŽŌǁĂƌĞ͕ĂŶĚ^ĞƌǀŝĐĞƐ SUPPLIER: E.J. Ward This Master Agreement (Agreement) is between Sourcewell, ĂDŝŶŶĞƐŽƚĂƐĞƌǀŝĐĞĐŽŽƉĞƌĂƟǀĞlocated at 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and E.J. Ward, 12621 Silicon Drive, Suite 113, San Antonio, TX 78249 (Supplier). Sourcewell is a ůŽĐĂůŐŽǀĞƌŶŵĞŶƚĂŶĚƐĞƌǀŝĐĞĐŽŽƉĞƌĂƟǀĞĐƌĞĂƚĞĚƵŶĚĞƌƚŚĞůĂǁƐŽĨƚŚĞ^ƚĂƚĞŽĨ DŝŶŶĞƐŽƚĂ;DŝŶŶĞƐŽƚĂ^ƚĂƚƵƚĞƐ^ĞĐƟŽŶϭϮϯ͘ϮϭͿŽīĞƌŝŶŐ a CŽŽƉĞƌĂƟǀĞPurchasing Program to eligible ƉĂƌƟĐŝƉĂƟŶŐŐŽǀĞƌŶŵĞŶƚĞŶƟƟĞƐ. Under this Master Agreement entered with Sourcewell, Supplier will provide /ŶĐůƵĚĞĚ^ŽůƵƟŽŶƐ to WĂƌƟĐŝƉĂƟŶŐŶƟƟĞƐƚŚƌŽƵŐŚ^ŽƵƌĐĞǁĞůů͛ƐCŽŽƉĞƌĂƟǀĞPurchasing Program. ƌƟĐůĞϭ͗ 'ĞŶĞƌĂůdĞƌŵƐ dŚĞ'ĞŶĞƌĂůdĞƌŵƐŝŶƚŚŝƐƌƟĐůĞϭĐŽŶƚƌŽůƚŚĞŽƉĞƌĂƟŽŶŽĨƚŚŝƐDĂƐƚĞƌŐƌĞĞŵĞŶƚďĞƚǁĞĞŶ^ŽƵƌĐĞǁĞůů ĂŶĚ^ƵƉƉůŝĞƌĂŶĚĂƉƉůǇƚŽĂůůƚƌĂŶƐĂĐƟŽŶƐĞŶƚĞƌĞĚďǇ^ƵƉƉůŝĞƌĂŶĚWĂƌƟĐŝƉĂƟŶŐŶƟƟĞƐ͘^ƵďƐĞƋƵĞŶƚ ƌƟĐůĞƐƚŽƚŚŝƐDĂƐƚĞƌŐƌĞĞŵĞŶƚĐŽŶƚƌŽůƚŚĞƌŝŐŚƚƐ ĂŶĚŽďůŝŐĂƟŽŶƐĚŝƌĞĐƚůǇďĞƚǁĞĞŶ^ŽƵƌĐĞǁĞůůĂŶĚ ^ƵƉƉůŝĞƌ;ƌƟĐůĞϮͿ͕ĂŶĚďĞƚǁĞĞŶ^ƵƉƉůŝĞƌĂŶĚWĂƌƟĐŝƉĂƟŶŐŶƟƚǇ;ƌƟĐůĞϯͿ͕ƌĞƐƉĞĐƟǀĞůǇ͘dŚĞƐĞƌƟĐůĞϭ 'ĞŶĞƌĂůdĞƌŵƐĐŽŶƚƌŽůŽǀĞƌĂŶǇĐŽŶŇŝĐƟŶŐƚĞƌŵƐ͘tŚĞƌĞƚŚŝƐDĂƐƚĞƌŐƌĞĞŵĞŶƚŝƐƐŝůĞŶƚŽŶĂŶǇƐubject, WĂƌƟĐŝƉĂƟŶŐŶƟƚǇĂŶĚ^ƵƉƉůŝĞƌƌĞƚĂŝŶƚŚĞĂďŝůŝƚǇƚŽŶĞŐŽƟĂƚĞŵƵƚƵĂůůǇĂĐĐĞƉƚĂďůĞƚĞƌŵƐ. 1) WƵƌƉŽƐĞ͘ Pursuant to Minnesota law, tŚĞ^ŽƵƌĐĞǁĞůůŽĂƌĚŽĨŝƌĞĐƚŽƌƐŚĂƐĂƵƚŚŽƌŝǌĞĚ ĂŽŽƉĞƌĂƟǀĞ Purchasing Program designed to provide PĂƌƟĐŝƉĂƟŶŐEŶƟƟĞƐǁŝƚŚĂĐĐĞƐƐƚŽĐŽŵƉĞƟƟǀĞůǇĂǁĂƌĚĞĚ ĐŽŽƉĞƌĂƟǀĞƉƵƌĐŚĂƐŝŶŐagreements͘dŽĨĂĐŝůŝƚĂƚĞƚŚĞWƌŽŐƌĂŵ͕^ŽƵƌĐĞǁĞůůhas awarded Supplier this ĐŽŽƉĞƌĂƟǀĞƉƵƌĐŚĂƐŝŶŐDĂƐƚĞƌŐƌĞĞŵĞŶƚĨŽůůŽǁŝŶŐĂĐŽŵƉĞƟƟǀĞƉƌŽĐƵƌĞŵĞŶƚƉƌŽĐĞƐƐŝŶƚĞŶĚĞĚƚŽ ŵĞĞƚĐŽŵƉůŝĂŶĐĞƐƚĂŶĚĂƌĚƐŝŶĂĐĐŽƌĚĂŶĐĞǁŝƚŚDŝŶŶĞƐŽƚĂůĂǁĂŶĚƚŚĞƌĞƋƵŝƌĞŵĞŶƚƐĐŽŶƚĂŝŶĞĚ herein. 2) Intent. dŚĞŝŶƚĞŶƚŽĨƚŚŝƐDĂƐƚĞƌŐƌĞĞŵĞŶƚŝƐƚŽĚĞĮŶĞƚŚĞƌŽůĞƐŽĨ^ŽƵƌĐĞǁĞůů͕^ƵƉƉůŝĞƌ͕ĂŶĚ WĂƌƟĐŝƉĂƟŶŐŶƟƚǇĂƐŝƚƌĞůĂƚĞƐƚŽ^ŽƵƌĐĞǁĞůů͛ƐŽŽƉĞƌĂƟǀĞWƵƌĐŚĂƐŝŶŐWƌŽŐƌĂŵ͘ 3) WĂƌƟĐŝƉĂƟŶŐŶƟƚǇĐĐĞƐƐ͘ ^ŽƵƌĐĞǁĞůů͛ƐCŽŽƉĞƌĂƟǀĞPurchasing Program Master Agreements are ĂǀĂŝůĂďůĞƚŽĞůŝŐŝďůĞƉƵďůŝĐĂŐĞŶĐŝĞƐ;WĂƌƟĐŝƉĂƟŶŐŶƟƟĞƐͿ. WĂƌƟĐŝƉĂƟŶŐŶƟƚǇ͛ƐĂƵƚŚŽƌŝƚǇƚŽĂĐĐĞƐƐ ^ŽƵƌĐĞǁĞůů͛ƐCŽŽƉĞƌĂƟǀĞPurchasing PƌŽŐƌĂŵŝƐĚĞƚĞƌŵŝŶĞĚƚŚƌŽƵŐŚƚŚĞůĂǁƐŽĨŝƚƐƌĞƐƉĞĐƟǀĞ ũƵƌŝƐĚŝĐƟŽŶ͘ 4) ^ƵƉƉůŝĞƌĐĐĞƐƐ͘ dŚĞ/ŶĐůƵĚĞĚ^ŽůƵƟŽŶƐŽīĞƌĞĚƵŶĚĞƌƚŚŝƐŐƌĞĞŵĞŶƚŵĂǇďĞŵĂĚĞĂǀĂŝůĂďůĞƚŽĂŶǇ WĂƌƟĐŝƉĂƟŶŐŶƟƚǇ͘^ƵƉƉůŝĞƌƵŶĚĞƌƐƚĂŶĚƐƚŚĂƚĂWĂƌƟĐŝƉĂƟŶŐŶƟƚǇ͛ƐƵƐĞŽĨƚŚŝƐŐƌĞĞŵĞŶƚŝƐĂƚƚŚĞ WĂƌƟĐŝƉĂƟŶŐŶƟƚǇ͛ƐƐŽůĞĐŽŶǀĞŶŝĞŶĐĞ͘^ƵƉƉůŝĞƌǁŝůůĞĚƵĐĂƚĞŝƚƐƐĂůĞƐĂŶĚƐĞƌǀŝĐĞĨŽƌĐĞƐĂďŽƵƚ 081524-EJW v052824 2 ^ŽƵƌĐĞǁĞůůĞůŝŐŝďŝůŝƚǇƌĞƋƵŝƌĞŵĞŶƚƐĂŶĚƌĞƋƵŝƌĞĚĚŽĐƵŵĞŶƚĂƟŽŶ͘^ƵƉƉůŝĞƌǁŝůůďĞƌĞƐƉŽŶƐŝďůĞĨŽƌ ĞŶƐƵƌŝŶŐƐĂůĞƐĂƌĞǁŝƚŚWĂƌƟĐŝƉĂƟŶŐŶƟƟĞƐ. 5) Term. dŚŝƐŐƌĞĞŵĞŶƚŝƐĞīĞĐƟǀĞƵƉŽŶƚŚĞĚĂƚĞŽĨƚŚĞĮŶĂůƐŝŐŶĂƚƵƌĞďĞůŽǁ͘dŚĞƚĞƌŵŽĨƚŚŝƐ ŐƌĞĞŵĞŶƚŝƐĨŽƵƌ;ϰͿǇĞĂƌƐĨƌŽŵƚŚĞĞīĞĐƟǀĞĚĂƚĞ͘dŚĞŐƌĞĞŵĞŶƚĞǆƉŝƌĞƐĂƚϭϭ͗ϱϵW͘D͘ĞŶƚƌĂů Time on November 18, 2028͕ƵŶůĞƐƐŝƚŝƐĐĂŶĐĞůůĞĚŽƌĞǆƚĞŶĚĞĚĂƐĚĞĮŶĞĚŝŶƚŚŝƐŐƌĞĞŵĞŶƚ͘ a) ǆƚĞŶƐŝŽŶƐ͘ Sourcewell and Supplier may agree to up to three (3) ĂĚĚŝƟŽŶĂůŽŶĞ-year extensions ďĞǇŽŶĚƚŚĞŽƌŝŐŝŶĂůĨŽƵƌ-ǇĞĂƌƚĞƌŵ͘dŚĞƚŽƚĂůƉŽƐƐŝďůĞůĞŶŐƚŚŽĨƚŚŝƐŐƌĞĞŵĞŶƚǁŝůůďĞƐĞǀĞŶ(7) ǇĞĂƌƐĨƌŽŵƚŚĞĞīĞĐƟǀĞĚĂƚĞ͘ b) ǆĐĞƉƟŽŶĂůŝƌĐƵŵƐƚĂŶĐĞƐ͘ ^ŽƵƌĐĞǁĞůůƌĞƚĂŝŶƐƚŚĞƌŝŐŚƚƚŽĐŽŶƐŝĚĞƌĂĚĚŝƟŽŶĂůĞǆƚĞŶƐŝŽŶƐĂƐ ƌĞƋƵŝƌĞĚƵŶĚĞƌĞǆĐĞƉƟŽŶĂůĐŝƌĐƵŵƐƚĂŶĐĞƐ͘ 6) ^ƵƌǀŝǀĂůŽĨdĞƌŵƐ͘ EŽƚǁŝƚŚƐƚĂŶĚŝŶŐƚŚĞƚĞƌŵŝŶĂƟŽŶŽĨƚŚŝƐŐƌĞĞŵĞŶƚ͕ƚŚĞŽďůŝŐĂƟŽŶƐŽĨƚŚŝƐ ŐƌĞĞŵĞŶƚǁŝůůĐŽŶƟŶƵĞƚŚƌŽƵŐŚƚŚĞƉĞƌĨŽƌŵĂŶĐĞƉĞƌŝŽĚŽĨĂŶǇƚƌĂŶƐĂĐƟŽŶĞŶƚĞƌĞĚbetween ^ƵƉƉůŝĞƌĂŶĚĂŶǇWĂƌƟĐŝƉĂƟŶŐŶƟƚǇďĞĨŽƌĞƚŚĞƚĞƌŵŝŶĂƟŽŶĚĂƚĞ͘ 7) ^ĐŽƉĞ͘^ƵƉƉůŝĞƌŝƐĂǁĂƌĚĞĚĂDĂƐƚĞƌŐƌĞĞŵĞŶƚƚŽƉƌŽǀŝĚĞƚŚĞƐŽůƵƟŽŶƐŝĚĞŶƟĮĞĚŝŶRFP 081524 to WĂƌƟĐŝƉĂƟŶŐŶƟƟĞƐ͘/Ŷ^ĐŽƉĞƐŽůƵƟŽŶƐŝŶĐůƵĚĞ͗ Aboveground Fuel and Fluid Storage with Related ,ĂƌĚǁĂƌĞ͕^ŽŌǁĂƌĞ͕ĂŶĚ^ĞƌǀŝĐĞƐŝŶĐůƵĚŝŶŐ͕ďƵƚŶŽƚůŝŵŝƚĞĚƚŽ͗ A. ďŽǀĞŐƌŽƵŶĚ^ƚŽƌĂŐĞdĂŶŬƐ;^d͛ƐͿĨŽƌĨƵĞůƐ͕ŇƵŝĚƐ͕ĂŶĚŐĂƐĞƐ͕ŝŶĐůƵĚŝŶŐŐĂƐŽůŝŶĞ͕ĚŝĞƐĞů͕s'^͕ :ĞƚĨƵĞů͕ŝĞƐĞůǆŚĂƵƐƚ&ůƵŝĚ;&Ϳ͕ďƵůŬůƵďƌŝĐĂŶƚƐ͕ƉƌŽƉĂŶĞ͕ŶĂƚƵƌĂůŐĂƐ͕ĂŶĚƵƐĞĚŇƵŝĚƐ͖ B. DŽďŝůĞĨƵĞů͕ĨůƵŝĚ͕ĂŶĚŐĂƐƐƚŽƌĂŐĞƐŽůƵƚŝŽŶƐ͖ C. Hardware related to the aboveground storage tanks and mobile storage solutions described in subsections 1. a. and b. above, including pedestals, gauges, access or security hardware, ŵŽŶŝƚŽƌŝŶŐĞƋƵŝƉŵĞŶƚĂŶĚĚĞǀŝĐĞƐ͕Z&/ƐŽůƵƚŝŽŶƐ͕ĚŝƐƉĞŶƐĞƌƐ͕ĂŶĚĂĐĐĞƐƐŽƌŝĞƐ͖ D. &ƵĞůĂŶĚĨůƵŝĚŵĂŶĂŐĞŵĞŶƚƐŽĨƚǁĂƌĞƌĞůĂƚĞĚƚŽƚŚĞĂďŽǀĞŐƌŽƵŶĚƐƚŽƌĂŐĞƚĂŶŬƐĂŶĚŵŽďŝůĞ storage solutions described in subsections 1. a. - c. above. However, this solicitation should NOT ďĞĐŽŶƐƚƌƵĞĚƚŽŝŶĐůƵĚĞ͞ƐŽĨƚǁĂƌĞͲŽŶůǇ͟ƐŽůƵƚŝŽŶƐ͘WƌŽƉŽƐĞƌƐŵĂǇŝŶĐůƵĚĞƌĞůĂƚĞĚĨƵĞůĂŶĚĨůƵŝĚ ŵĂŶĂŐĞŵĞŶƚƐŽĨƚǁĂƌĞƚŽƚŚĞĞǆƚĞŶƚƚŚĂƚƚŚĞƐŽůƵƚŝŽŶƐĂƌĞĐŽŵƉůĞŵĞŶƚĂƌǇƚŽƚŚĞŽĨĨĞƌŝŶŐŽĨƚŚĞ ĞƋƵŝƉŵĞŶƚĂŶĚƉƌŽĚƵĐƚƐďĞŝŶŐƉƌŽƉŽƐĞĚ͖ĂŶĚ͕ E. Services related to the solutions described in subsections 1.a. – d. above, including design, site assessment, site preparation, installation, monitoring or testing, maintenance or repair, and warranty programs. However, this solicitation should NOT be construed to include “service- ŽŶůǇ͟ƐŽůƵƚŝŽŶƐ͘WƌŽƉŽƐĞƌƐŵĂǇŝŶĐůƵĚĞƌĞůĂƚĞĚƐĞƌǀŝĐĞƐƚŽƚŚĞĞǆƚĞŶƚƚŚĂƚƚŚĞƐĞƐŽůƵƚŝŽŶƐĂƌĞ ĐŽŵƉůĞŵĞŶƚĂƌǇƚŽƚŚĞŽĨĨĞƌŝŶŐŽĨƚŚĞĞƋƵŝƉŵĞŶƚĂŶĚƉƌŽĚƵĐƚƐďĞŝŶŐƉƌŽƉŽƐĞĚ͘ 8) /ŶĐůƵĚĞĚ^ŽůƵƟŽŶƐ͘ ^ƵƉƉůŝĞƌ͛ƐWƌŽƉŽƐĂůƚŽƚŚĞĂďŽǀĞƌĞĨĞƌĞŶĐĞĚZ&Wis incorporated into this Master ŐƌĞĞŵĞŶƚ͘KŶůǇƚŚŽƐĞ^ŽůƵƟŽŶƐŝŶĐůƵĚĞĚǁŝƚŚŝŶ^ƵƉƉůŝĞƌ͛ƐWƌŽƉŽƐĂůĂŶĚǁŝƚŚŝŶ^ĐŽƉĞ;/ŶĐůƵĚĞĚ ^ŽůƵƟŽŶƐͿĂƌĞŝŶĐůƵĚĞĚǁŝƚŚŝŶƚŚĞŐƌĞĞŵĞŶƚĂŶĚŵĂǇďĞŽīĞƌĞĚƚŽWĂƌƟĐŝƉĂƟŶŐŶƟƟĞƐ. 081524-EJW v052824 3 9) /ŶĚĞĮŶŝƚĞYƵĂŶƟƚǇ͘ dŚŝƐDĂƐƚĞƌŐƌĞĞŵĞŶƚĚĞĮŶĞƐĂŶŝŶĚĞĮŶŝƚĞƋƵĂŶƟƚǇŽĨƐĂůĞƐƚŽĞůŝŐŝďůĞ WĂƌƟĐŝƉĂƟŶŐŶƟƟĞƐ. 10) WƌŝĐŝŶŐ͘ WƌŝĐŝŶŐŝŶĨŽƌŵĂƟŽŶ;ŝŶĐůƵĚŝŶŐWƌŝĐŝŶŐĂŶĚĞůŝǀĞƌǇĂŶĚWƌŝĐŝŶŐKīĞƌĞĚtĂďůĞƐͿĨŽƌĂůů/ŶĐůƵĚĞĚ ^ŽůƵƟŽŶƐǁŝƚŚŝŶ^ƵƉƉůŝĞƌ͛ƐWƌŽƉŽƐĂůŝƐŝŶĐŽƌƉŽƌĂƚĞĚŝŶƚŽƚŚŝƐDĂƐƚĞƌŐƌĞĞŵĞŶƚ͘ 11) EŽƚƚŽǆĐĞĞĚWƌŝĐŝŶŐ͘ Suppliers may not exceed the prices listed in the current Pricing List ŽŶĮůĞ with Sourcewell ǁŚĞŶŽīĞƌŝŶŐ/ŶĐůƵĚĞĚ^ŽůƵƟŽŶƐƚŽWĂƌƟĐŝƉĂƟŶŐŶƟƟĞƐ͘WĂƌƟĐŝƉĂƟŶŐŶƟƟĞƐŵĂǇ ƌĞƋƵĞƐƚĂĚũƵƐƚŵĞŶƚƐƚŽƉƌŝĐŝŶŐĚŝƌĞĐƚůǇĨŽƌŵ^ƵƉƉůŝĞƌĚƵƌŝŶŐƚŚĞŶĞŐŽƟĂƟŽŶĂŶĚĞǆĞĐƵƟŽŶŽĨĂŶǇ ƚƌĂŶƐĂĐƟŽŶ. 12) Open Market. ^ƵƉƉůŝĞƌ͛ƐŽƉĞŶŵĂƌŬĞƚƉƌŝĐŝŶŐprocess is included within its Proposal. 13) ^ƵƉƉůŝĞƌZĞƉƌĞƐĞŶƚĂƟŽŶƐ͗ i) ŽŵƉůŝĂŶĐĞ͘ Supplier represents and warrants it will provide all Included ^ŽůƵƟŽŶƐ ƵŶĚĞƌƚŚŝƐŐƌĞĞŵĞŶƚŝŶĨƵůůĐŽŵƉůŝĂŶĐĞǁŝƚŚĂƉƉůŝĐĂďůĞĨĞĚĞƌĂů͕ƐƚĂƚĞ͕ĂŶĚůŽĐĂůůĂǁƐĂŶĚ ƌĞŐƵůĂƟŽŶƐ͘ ii) >ŝĐĞŶƐĞƐ͘ ƐĂƉƉůŝĐĂďůĞ͕^ƵƉƉůŝĞƌǁŝůůŵĂŝŶƚĂŝŶĂǀĂůŝĚƐƚĂƚƵƐŽŶĂůůƌĞƋƵŝƌĞĚĨĞĚĞƌĂů͕ƐƚĂƚĞ͕ ĂŶĚůŽĐĂůůŝĐĞŶƐĞƐ͕ďŽŶĚƐ͕ĂŶĚƉĞƌŵŝƚƐƌĞƋƵŝƌĞĚĨŽƌƚŚĞŽƉĞƌĂƟŽŶŽĨ^ƵƉƉůŝĞƌ͛ƐďƵƐŝŶĞƐƐǁŝƚŚ WĂƌƟĐŝƉĂƟŶŐŶƟƟĞƐ͘WĂƌƟĐŝƉĂƟŶŐŶƟƟĞƐŵĂǇƌĞƋƵĞƐƚĂůůƌĞůĞǀĂŶƚĚŽĐƵŵĞŶƚĂƟŽŶĚŝƌĞĐƚůǇĨƌŽŵ Supplier. iii) ^ƵƉƉůŝĞƌtĂƌƌĂŶƚƐ͘ Supplier warrants that all Included ^ŽůƵƟŽŶƐĨƵƌŶŝƐŚĞĚƵŶĚĞƌƚŚŝƐ ŐƌĞĞŵĞŶƚĂƌĞĨƌĞĞĨƌŽŵůŝĞŶƐĂŶĚĞŶĐƵŵďƌĂŶĐĞƐ͕ĂŶĚĂƌĞĨƌĞĞĨƌŽŵĚĞĨĞĐƚƐŝŶĚĞƐŝŐŶ͕ŵĂƚĞƌŝĂůƐ͕ ĂŶĚǁŽƌŬŵĂŶƐŚŝƉ͘/ŶĂĚĚŝƟŽŶ͕^ƵƉƉůŝĞƌǁĂƌƌĂŶƚƐƚŚĞ^ŽůƵƟŽŶƐĂƌĞƐƵŝƚĂďůĞĨŽƌĂŶĚǁŝůůƉĞƌĨŽƌŵ in accordance with the ordinary uƐĞĨŽƌǁŚŝĐŚƚŚĞǇĂƌĞŝŶƚĞŶĚĞĚ͘ 14) ĂŶŬƌƵƉƚĐǇEŽƟĐĞƐ͘ ^ƵƉƉůŝĞƌĐĞƌƟĮĞƐĂŶĚǁĂƌƌĂŶƚƐŝƚŝƐŶŽƚĐƵƌƌĞŶƚůǇŝŶĂďĂŶŬƌƵƉƚĐǇƉƌŽĐĞĞĚŝŶŐ͘ Supplier has disclosed all current and completed bankruptcy proceedings within the past seven years ǁŝƚŚŝŶŝƚƐWƌŽƉŽƐĂů͘^ƵƉƉůŝĞƌŵƵƐƚƉƌŽǀŝĚĞŶŽƟĐĞŝŶǁƌŝƟŶŐƚŽ^ŽƵƌĐĞǁĞůůŝĨŝƚĞŶƚĞƌƐĂďĂŶŬƌƵƉƚĐǇ ƉƌŽĐĞĞĚŝŶŐĂƚĂŶǇƟŵĞĚƵƌŝŶŐƚŚĞƚĞƌŵŽĨƚŚŝƐŐƌĞĞŵĞŶƚ͘ 15) ĞďĂƌŵĞŶƚĂŶĚ^ƵƐƉĞŶƐŝŽŶ͘ ^ƵƉƉůŝĞƌĐĞƌƟĮĞƐĂŶĚǁĂƌƌĂŶƚƐƚŚĂƚŶĞŝƚŚĞƌŝƚŶŽƌŝƚƐƉƌŝŶĐŝƉĂůƐĂƌĞ ƉƌĞƐĞŶƚůǇĚĞďĂƌƌĞĚ͕ƐƵƐƉĞŶĚĞĚ͕ƉƌŽƉŽƐĞĚĨŽƌĚĞďĂƌŵĞŶƚ͕ĚĞĐůĂƌĞĚŝŶĞůŝŐŝďůĞ͕ŽƌǀŽůƵŶƚĂƌŝůǇĞǆĐůƵĚĞĚ ĨƌŽŵƉƌŽŐƌĂŵƐŽƉĞƌĂƚĞĚďǇƚŚĞ^ƚĂƚĞŽĨDŝŶŶĞƐŽƚĂ͕ƚŚĞhŶŝƚĞĚ^ƚĂƚĞƐĨĞĚĞƌĂůŐŽǀĞƌŶŵĞnt, or any WĂƌƟĐŝƉĂƟŶŐŶƟƚǇ͘^ƵƉƉůŝĞƌĐĞƌƟĮĞƐĂŶĚǁĂƌƌĂŶƚƐƚŚĂƚŶĞŝƚŚĞƌŝƚŶŽƌŝƚƐƉƌŝŶĐŝƉĂůƐŚĂǀĞďĞĞŶ ĐŽŶǀŝĐƚĞĚŽĨĂĐƌŝŵŝŶĂůŽīĞŶƐĞƌĞůĂƚĞĚƚŽƚŚĞƐƵďũĞĐƚŵĂƩĞƌŽĨƚŚŝƐŐƌĞĞŵĞŶƚ͘^ƵƉƉůŝĞƌĨƵƌƚŚĞƌ warrants that it will pƌŽǀŝĚĞŝŵŵĞĚŝĂƚĞǁƌŝƩĞŶŶŽƟĐĞƚŽ^ŽƵƌĐĞǁĞůůŝĨƚŚŝƐĐĞƌƟĮĐĂƟŽŶĐŚĂŶŐĞƐĂƚ ĂŶǇƟŵĞĚƵƌŝŶŐƚŚĞƚĞƌŵŽĨƚŚŝƐŐƌĞĞŵĞŶƚ͘ 16) WƌŽǀŝƐŝŽŶƐĨŽƌŶŽŶ-hŶŝƚĞĚ^ƚĂƚĞƐĨĞĚĞƌĂůĞŶƟƚǇƉƌŽĐƵƌĞŵĞŶƚƐƵŶĚĞƌhŶŝƚĞĚ^ƚĂƚĞƐĨĞĚĞƌĂůĂǁĂƌĚƐ ŽƌŽƚŚĞƌĂǁĂƌĚƐ;ƉƉĞŶĚŝǆII to 2 C.F.R § 200). WĂƌƟĐŝƉĂƟŶŐŶƟƟĞƐƚŚĂƚƵƐĞhŶŝƚĞĚ^ƚĂƚĞƐĨĞĚĞƌĂů ŐƌĂŶƚŽƌŽƚŚĞƌĨĞĚĞƌĂůĨƵŶĚŝŶŐƚŽƉƵƌĐŚĂƐĞƐŽůƵƟŽŶƐĨƌŽŵƚŚŝƐŐƌĞĞŵĞŶƚŵĂǇďĞƐƵďũĞĐƚƚŽ ĂĚĚŝƟŽŶĂůƌĞƋƵŝƌĞŵĞŶƚƐŝŶĐůƵĚŝŶŐƚŚĞƉƌŽĐƵƌĞŵĞŶƚƐƚĂŶĚĂƌĚƐŽĨƚŚĞhŶŝĨŽƌŵĚŵŝŶŝƐƚƌĂƟǀĞ ZĞƋƵŝƌĞŵĞŶƚƐ͕ŽƐƚWƌŝŶĐŝƉůĞƐĂŶĚƵĚŝƚZĞƋƵŝƌĞŵĞŶƚƐĨŽƌ&ĞĚĞƌĂůǁĂƌĚƐ͕Ϯ͘&͘Z͘ΑϮϬϬ͘ WĂƌƟĐŝƉĂƟŶŐŶƟƟĞƐŵĂǇŚĂǀĞĂĚĚŝƟŽŶĂůƌĞƋƵŝƌĞŵĞŶƚƐďĂƐĞĚŽŶƐƉĞĐŝĮĐĨƵŶĚŝŶŐƐŽƵƌĐĞƚĞƌŵƐŽƌ 081524-EJW v052824 4 ĐŽŶĚŝƟŽŶƐ͘tŝƚŚŝŶƚŚŝƐ^ĞĐƟŽŶ͕ĂůůƌĞĨĞƌĞŶĐĞƐƚŽ͞ĨĞĚĞƌĂů͟ƐŚŽƵůĚďĞŝŶƚĞƌƉƌĞƚĞĚƚŽŵĞĂŶƚŚĞhŶŝƚĞĚ ^ƚĂƚĞƐĨĞĚĞƌĂůŐŽǀĞƌŶŵĞŶƚ͘dŚĞĨŽůůŽǁŝŶŐůŝƐƚĂƉƉůŝĞƐǁŚĞŶĂWĂƌƟĐŝƉĂƟŶŐŶƟƚǇĂĐĐĞƐƐĞƐ^ƵƉƉůŝĞƌ͛Ɛ Included ^ŽůƵƟŽŶƐǁŝƚŚhŶŝƚĞĚ^ƚĂƚĞƐĨĞĚĞƌĂůĨƵŶĚƐ͘ i) Yh>DW>KzDEdKWWKZdhE/dz͘ ǆĐĞƉƚĂƐŽƚŚĞƌǁŝƐĞƉƌŽǀŝĚĞĚƵŶĚĞƌϰϭ͘&͘Z͘Α 60, all agreements ƚŚĂƚŵĞĞƚƚŚĞĚĞĮŶŝƟŽŶŽĨ͞ĨĞĚĞƌĂůůǇĂƐƐŝƐƚĞĚĐŽŶƐƚƌƵĐƟŽŶĐŽŶƚƌĂĐƚ͟ŝŶϰϭ ͘&͘Z͘ΑϲϬ-ϭ͘ϯŵƵƐƚŝŶĐůƵĚĞƚŚĞĞƋƵĂůŽƉƉŽƌƚƵŶŝƚǇĐůĂƵƐĞƉƌŽǀŝĚĞĚƵŶĚĞƌϰϭ͘&͘Z͘ΑϲϬ-1.4(b), in ĂĐĐŽƌĚĂŶĐĞǁŝƚŚǆĞĐƵƟǀĞKƌĚĞƌϭϭϮϰϲ͕͞ƋƵĂůŵƉůŽǇŵĞŶƚKƉƉŽƌƚƵŶŝƚǇ͟;ϯϬ&ZϭϮ319, 12935, ϯ͘&͘Z͘Α͕ϭϵϲϰ-ϭϵϲϱŽŵƉ͕͘Ɖ͘ϯϯϵͿ͕ĂƐĂŵĞŶĚĞĚďǇǆĞĐƵƟǀĞKƌĚĞƌϭϭϯϳϱ͕͞ŵĞŶĚŝŶŐ ǆĞĐƵƟǀĞKƌĚĞƌϭϭϮϰϲZĞůĂƟŶŐƚŽƋƵĂůŵƉůŽǇŵĞŶƚKƉƉŽƌƚƵŶŝƚǇ͕͟ ĂŶĚŝŵƉůĞŵĞŶƟŶŐ ƌĞŐƵůĂƟŽŶƐĂƚϰϭ͘&͘Z͘ΑϲϬ͕͞KĸĐĞŽĨ&ĞĚĞƌĂůŽŶƚƌĂĐƚŽŵƉůŝĂŶĐĞWƌŽŐƌĂŵƐ͕ƋƵĂů ŵƉůŽǇŵĞŶƚKƉƉŽƌƚƵŶŝƚǇ͕ĞƉĂƌƚŵĞŶƚŽĨ>ĂďŽƌ͘͟dŚĞĞƋƵĂůŽƉƉŽƌƚƵŶŝƚǇĐůĂƵƐĞŝƐŝŶĐŽƌƉŽƌĂƚĞĚ ŚĞƌĞŝŶďǇƌĞĨĞƌĞŶĐĞ͘ ii) DAVIS-KEd͕^DE;ϰϬh͘^͘͘Αϯϭϰϭ-3148). tŚĞŶƌĞƋƵŝƌĞĚďǇĨĞĚĞƌĂů ƉƌŽŐƌĂŵůĞŐŝƐůĂƟŽŶ͕ĂůůƉƌŝŵĞĐŽŶƐƚƌƵĐƟŽŶĐŽŶƚƌĂĐƚƐŝŶĞǆĐĞƐƐŽĨΨϮ͕ϬϬϬĂǁĂƌĚĞĚďǇŶŽŶ-ĨĞĚĞƌĂů ĞŶƟƟĞƐŵƵƐƚŝŶĐůƵĚĞĂƉƌŽǀŝƐŝŽŶĨŽƌĐŽŵƉůŝĂŶĐĞǁŝƚŚƚŚĞĂǀŝƐ-ĂĐŽŶĐƚ;ϰϬh͘^͘͘Αϯϭϰϭ- 3144, and 3146-3148) as supplemented by DĞƉĂƌƚŵĞŶƚŽĨ>ĂďŽƌƌĞŐƵůĂƟŽŶƐ;Ϯϵ͘&͘Z͘Αϱ͕ “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted ŽŶƐƚƌƵĐƟŽŶ͟Ϳ͘/ŶĂĐĐŽƌĚĂŶĐĞǁŝƚŚƚŚĞƐƚĂƚƵƚĞ͕ĐŽŶƚƌĂĐƚŽƌƐŵƵƐƚ ďĞƌĞƋƵŝƌĞĚƚŽƉĂǇǁĂŐĞƐƚŽ ůĂďŽƌĞƌƐĂŶĚŵĞĐŚĂŶŝĐƐĂƚĂƌĂƚĞŶŽƚůĞƐƐƚŚĂŶƚŚĞƉƌĞǀĂŝůŝŶŐǁĂŐĞƐƐƉĞĐŝĮĞĚŝŶĂǁĂŐĞ ĚĞƚĞƌŵŝŶĂƟŽŶŵĂĚĞďǇƚŚĞ^ĞĐƌĞƚĂƌǇŽĨ>ĂďŽƌ͘/ŶĂĚĚŝƟŽŶ͕ĐŽŶƚƌĂĐƚŽƌƐŵƵƐƚďĞƌĞƋƵŝƌĞĚƚŽƉĂǇ wages not less than once a week. The non-ĨĞĚĞƌĂůĞŶƟƚǇŵƵƐƚƉůĂĐĞĂĐŽƉǇŽĨƚŚĞĐƵƌƌĞŶƚ ƉƌĞǀĂŝůŝŶŐǁĂŐĞĚĞƚĞƌŵŝŶĂƟŽŶŝƐƐƵĞĚďǇƚŚĞĞƉĂƌƚŵĞŶƚŽĨ>ĂďŽƌŝŶĞĂĐŚƐŽůŝĐŝƚĂƟŽŶ͘dŚĞ ĚĞĐŝƐŝŽŶƚŽĂǁĂƌĚĂĐŽŶƚƌĂĐƚŽƌƐƵďĐŽŶƚƌĂĐƚŵƵƐƚďĞĐŽŶĚŝƟŽŶĞĚƵƉŽŶƚŚĞĂĐĐĞƉƚĂŶĐĞŽĨƚŚĞ ǁĂŐĞĚĞƚĞƌŵŝŶĂƟŽŶ͘dŚĞŶŽŶ-ĨĞĚĞƌĂůĞŶƟƚǇŵƵƐƚƌĞƉŽƌƚĂůůƐƵƐƉĞĐƚĞĚŽƌƌĞƉŽƌƚĞĚǀŝŽůĂƟŽŶƐƚŽ ƚŚĞĨĞĚĞƌĂůĂǁĂƌĚŝŶŐĂŐĞŶĐǇ͘dŚĞĐŽŶƚƌĂĐƚƐŵƵƐƚĂůƐŽŝŶĐůƵĚĞĂƉƌŽǀŝƐŝŽŶĨŽƌĐŽŵƉůŝĂŶĐĞǁŝƚŚƚŚĞ ŽƉĞůĂŶĚ͞ŶƟ-<ŝĐŬďĂĐŬ͟Đƚ;ϰϬh͘^͘͘ΑϯϭϰϱͿ͕ĂƐƐƵƉƉůĞŵĞŶƚĞĚďǇĞƉĂƌƚŵĞŶƚŽĨ>ĂďŽƌ regulaƟŽŶƐ;Ϯϵ͘&͘Z͘Αϯ͕͞ŽŶƚƌĂĐƚŽƌƐĂŶĚ^ƵďĐŽŶƚƌĂĐƚŽƌƐŽŶWƵďůŝĐƵŝůĚŝŶŐŽƌWƵďůŝĐtŽƌŬ &ŝŶĂŶĐĞĚŝŶtŚŽůĞŽƌŝŶWĂƌƚďǇ>ŽĂŶƐŽƌ'ƌĂŶƚƐĨƌŽŵƚŚĞhŶŝƚĞĚ^ƚĂƚĞƐ͟Ϳ͘dŚĞĐƚƉƌŽǀŝĚĞƐƚŚĂƚ ĞĂĐŚĐŽŶƚƌĂĐƚŽƌŽƌƐƵďƌĞĐŝƉŝĞŶƚŵƵƐƚďĞƉƌŽŚŝďŝƚĞĚĨƌŽŵŝŶĚƵĐŝŶŐ͕ďǇĂŶǇ means, any person ĞŵƉůŽǇĞĚŝŶƚŚĞĐŽŶƐƚƌƵĐƟŽŶ͕ĐŽŵƉůĞƟŽŶ͕ŽƌƌĞƉĂŝƌŽĨƉƵďůŝĐǁŽƌŬ͕ƚŽŐŝǀĞƵƉĂŶǇƉĂƌƚŽĨƚŚĞ ĐŽŵƉĞŶƐĂƟŽŶƚŽǁŚŝĐŚŚĞŽƌƐŚĞŝƐŽƚŚĞƌǁŝƐĞĞŶƟƚůĞĚ͘dŚĞŶŽŶ-ĨĞĚĞƌĂůĞŶƟƚǇŵƵƐƚƌĞƉŽƌƚĂůů ƐƵƐƉĞĐƚĞĚŽƌƌĞƉŽƌƚĞĚǀŝŽůĂƟŽŶƐƚŽƚŚĞĨĞĚĞƌĂůawarding agency. Supplier must comply with all applicable Davis-Bacon Act provisions. iii) KEdZdtKZ<,KhZ^E^&dz^dEZ^d;ϰϬU.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-ĨĞĚĞƌĂůĞŶƟƚǇŝŶĞǆĐĞƐƐŽĨΨϭϬϬ͕ϬϬϬƚŚĂƚ ŝŶǀŽůǀĞƚŚĞĞŵƉůŽǇŵĞŶƚŽĨŵĞĐŚĂŶŝĐƐŽƌůĂďŽƌĞƌƐŵƵƐƚŝŶĐůƵĚĞĂƉƌŽǀŝƐŝŽŶĨŽƌĐŽŵƉůŝĂŶĐĞǁŝƚŚ ϰϬh͘^͘͘ΑΑϯϳϬϮĂŶĚϯϳϬϰ͕ĂƐƐƵƉƉůĞŵĞŶƚĞĚďǇĞƉĂƌƚŵĞŶƚŽĨ>ĂďŽƌƌĞŐƵůĂƟŽŶƐ;Ϯϵ͘&͘Z͘ΑϱͿ͘ hŶĚĞƌϰϬh͘^͘͘ΑϯϳϬϮŽĨƚŚĞĐƚ͕ĞĂĐŚĐŽŶƚƌĂĐƚŽƌŵƵƐƚďĞƌĞƋƵŝƌĞĚƚŽĐŽŵƉƵƚĞƚŚĞǁĂŐĞƐŽĨ ĞǀĞƌǇŵĞĐŚĂŶŝĐĂŶĚůĂďŽƌĞƌŽŶƚŚĞďĂƐŝƐŽĨĂƐƚĂŶĚĂƌĚǁŽƌŬǁĞĞŬŽĨϰϬŚŽƵƌƐ͘tŽƌŬŝŶĞǆĐĞƐƐŽĨ the standard work week ŝƐƉĞƌŵŝƐƐŝďůĞƉƌŽǀŝĚĞĚƚŚĂƚƚŚĞǁŽƌŬĞƌŝƐĐŽŵƉĞŶƐĂƚĞĚĂƚĂƌĂƚĞŽĨŶŽƚ ůĞƐƐƚŚĂŶŽŶĞĂŶĚĂŚĂůĨƟŵĞƐƚŚĞďĂƐŝĐƌĂƚĞŽĨƉĂǇĨŽƌĂůůŚŽƵƌƐǁŽƌŬĞĚŝŶĞǆĐĞƐƐŽĨϰϬŚŽƵƌƐŝŶ ƚŚĞǁŽƌŬǁĞĞŬ͘dŚĞƌĞƋƵŝƌĞŵĞŶƚƐŽĨϰϬh͘^͘͘ΑϯϳϬϰĂƌĞĂƉƉůŝĐĂďůĞƚŽĐŽŶƐƚƌƵĐƟŽŶǁork and ƉƌŽǀŝĚĞƚŚĂƚŶŽůĂďŽƌĞƌŽƌŵĞĐŚĂŶŝĐŵƵƐƚďĞƌĞƋƵŝƌĞĚƚŽǁŽƌŬŝŶƐƵƌƌŽƵŶĚŝŶŐƐŽƌƵŶĚĞƌǁŽƌŬŝŶŐ ĐŽŶĚŝƟŽŶƐǁŚŝĐŚĂƌĞƵŶƐĂŶŝƚĂƌǇ͕ŚĂǌĂƌĚŽƵƐŽƌĚĂŶŐĞƌŽƵƐ͘dŚĞƐĞƌĞƋƵŝƌĞŵĞŶƚƐĚŽŶŽƚĂƉƉůǇƚŽ ƚŚĞƉƵƌĐŚĂƐĞƐŽĨƐƵƉƉůŝĞƐ͕ŵĂƚĞƌŝĂůƐ͕ŽƌĂƌƟĐůĞƐŽƌĚŝŶĂƌŝůǇĂvailable on the open market, or 081524-EJW v052824 5 ĐŽŶƚƌĂĐƚƐĨŽƌƚƌĂŶƐƉŽƌƚĂƟŽŶŽƌƚƌĂŶƐŵŝƐƐŝŽŶŽĨŝŶƚĞůůŝŐĞŶĐĞ͘dŚŝƐƉƌŽǀŝƐŝŽŶŝƐŚĞƌĞďǇŝŶĐŽƌƉŽƌĂƚĞĚ ďǇƌĞĨĞƌĞŶĐĞŝŶƚŽƚŚŝƐŐƌĞĞŵĞŶƚ͘^ƵƉƉůŝĞƌĐĞƌƟĮĞƐƚŚĂƚĚƵƌŝŶŐƚŚĞƚĞƌŵŽĨĂŶĂǁĂƌĚĨŽƌĂůů ŐƌĞĞŵĞŶƚƐďǇ^ŽƵƌĐĞǁĞůůƌĞƐƵůƟŶŐĨƌŽŵƚŚŝƐƉƌŽĐƵƌĞŵĞŶƚƉƌŽĐĞss, Supplier must comply with ĂƉƉůŝĐĂďůĞƌĞƋƵŝƌĞŵĞŶƚƐĂƐƌĞĨĞƌĞŶĐĞĚĂďŽǀĞ͘ iv) RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. /ĨƚŚĞĨĞĚĞƌĂů ĂǁĂƌĚŵĞĞƚƐƚŚĞĚĞĮŶŝƟŽŶŽĨ͞ĨƵŶĚŝŶŐĂŐƌĞĞŵĞŶƚ͟ƵŶĚĞƌϯϳ͘&͘Z͘ΑϰϬϭ͘Ϯ;ĂͿĂŶĚƚŚĞƌĞĐŝƉŝĞŶƚ ŽƌƐƵďƌĞĐŝƉŝĞŶƚǁŝƐŚĞƐƚŽĞŶƚĞƌŝŶƚŽĂĐŽŶƚƌĂĐƚǁŝƚŚĂƐŵĂůůďƵƐŝŶĞƐƐĮƌŵŽƌŶŽŶƉƌŽĮƚ ŽƌŐĂŶŝǌĂƟŽŶƌĞŐĂƌĚŝŶŐƚŚĞƐƵďƐƟƚƵƟŽŶŽĨƉĂƌƟĞƐ͕ĂƐƐŝŐŶŵĞŶƚŽƌƉĞƌĨŽƌŵĂŶĐĞŽĨĞǆƉĞƌŝŵĞŶƚĂů͕ ĚĞǀĞůŽƉŵĞŶƚĂů͕ŽƌƌĞƐĞĂƌĐŚǁŽƌŬƵŶĚĞƌƚŚĂƚ͞ĨƵŶĚŝŶŐĂŐƌĞĞŵĞŶƚ͕͟ƚŚĞƌĞĐŝƉŝĞŶƚŽƌƐƵďƌĞĐŝƉŝĞŶƚ ŵƵƐƚĐŽŵƉůǇǁŝƚŚƚŚĞƌĞƋƵŝƌĞŵĞŶƚƐŽĨϯϳ͘&͘Z͘ΑϰϬϭ͕͞ZŝŐŚƚƐƚŽ/ŶǀĞŶƟŽŶƐDĂĚĞďǇEŽŶƉƌŽĮƚ KƌŐĂŶŝǌĂƟŽŶƐĂŶĚ^ŵĂůůƵƐŝŶĞƐƐ&ŝƌŵƐhŶĚĞƌ'ŽǀĞƌŶŵĞŶƚ'ƌĂŶƚƐ͕ŽŶƚƌĂĐƚƐĂŶĚŽŽƉĞƌĂƟǀĞ ŐƌĞĞŵĞŶƚƐ͕͟ĂŶĚĂŶǇŝŵƉůĞŵĞŶƟŶŐƌĞŐƵůĂƟŽŶƐŝƐƐƵĞĚďǇƚŚĞĂǁĂƌĚŝŶŐĂŐĞŶĐǇ͘^ƵƉƉůŝĞƌ ĐĞƌƟĮĞƐƚŚĂƚĚƵƌŝŶŐƚŚĞƚĞƌŵŽĨĂŶĂǁĂƌĚĨŽƌĂůůŐƌĞĞŵĞŶƚƐďǇ^ŽƵƌĐĞǁĞůůƌĞƐƵůƟŶŐĨƌŽŵƚŚŝƐ ƉƌŽĐƵƌĞŵĞŶƚƉƌŽĐĞƐƐ͕^ƵƉƉůŝĞƌŵƵƐƚĐŽŵƉůǇǁŝƚŚĂƉƉůŝĐĂďůĞƌĞƋƵŝƌĞŵĞŶƚƐĂƐƌĞĨĞƌĞŶĐĞĚĂďŽǀĞ͘ v) >E/Zd;ϰϮh͘^͘͘ΑϳϰϬϭ-ϳϲϳϭY͘ͿEd,&Z>tdZWK>>hd/KE KEdZK>d;ϯϯh͘^͘͘ΑϭϮϱϭ-1387). ŽŶƚƌĂĐƚƐĂŶĚƐƵďŐƌĂŶƚƐŽĨĂŵŽƵŶƚƐŝŶĞǆĐĞƐƐŽĨ ΨϭϱϬ͕ϬϬϬƌĞƋƵŝƌĞƚŚĞŶŽŶ-ĨĞĚĞƌĂůĂǁĂƌĚƚŽĂŐƌĞĞƚŽĐŽŵƉůǇǁŝƚŚĂůůĂƉƉůŝĐĂďůĞƐƚĂŶĚĂƌĚƐ͕ŽƌĚĞƌƐ ŽƌƌĞŐƵůĂƟŽŶƐŝƐƐƵĞĚƉƵƌƐƵĂŶƚƚŽƚŚĞůĞĂŶŝƌĐƚ;ϰϮh͘^͘͘ΑϳϰϬϭ- ϳϲϳϭƋͿĂŶĚƚŚĞ&ĞĚĞƌĂů tĂƚĞƌWŽůůƵƟŽŶŽŶƚƌŽůĐƚĂƐĂŵĞŶĚĞĚ;ϯϯh͘^͘͘ΑϭϮϱϭ- ϭϯϴϳͿ͘sŝŽůĂƟŽŶƐŵƵƐƚďĞƌĞƉŽƌƚĞĚƚŽ ƚŚĞ&ĞĚĞƌĂůĂǁĂƌĚŝŶŐĂŐĞŶĐǇĂŶĚƚŚĞZĞŐŝŽŶĂůKĸĐĞŽĨƚŚĞŶǀŝƌŽŶŵĞŶƚĂůWƌŽƚĞĐƟŽŶŐĞŶĐǇ ;WͿ͘^ƵƉƉůŝĞƌĐĞƌƟĮĞƐƚŚĂƚĚƵƌŝŶŐƚŚĞƚĞƌŵŽĨƚŚŝƐŐƌĞĞŵĞŶƚŝƚǁŝůůĐŽŵƉůǇǁŝƚŚĂƉƉůŝĐĂďůĞ ƌĞƋƵŝƌĞŵĞŶƚƐĂƐƌĞĨĞƌĞŶĐĞĚĂďŽǀĞ͘ vi) ZDEdE^h^WE^/KE;yhd/sKZZ^ϭϮϱϰϵEϭϮϲϴϵͿ͘ A contract ĂǁĂƌĚ;ƐĞĞϮ͘&͘Z͘ΑϭϴϬ͘ϮϮϬͿŵƵƐƚŶŽƚďĞŵĂĚĞƚŽƉĂƌƟĞƐůŝƐƚĞĚŽŶƚŚĞŐŽǀĞƌŶŵĞŶƚǁŝĚĞ ĞǆĐůƵƐŝŽŶƐŝŶƚŚĞ^ǇƐƚĞŵĨŽƌǁĂƌĚDĂŶĂŐĞŵĞŶƚ;^DͿ͕ŝŶĂĐĐŽƌĚĂŶĐĞǁŝƚŚƚŚĞKDŐƵŝĚĞůŝŶĞƐ ĂƚϮ͘&͘Z͘ΑϭϴϬƚŚĂƚŝŵƉůĞŵĞŶƚǆĞĐƵƟǀĞKƌĚĞƌƐϭϮϱϰϵ;ϯ͘&͘Z͘ΑϭϵϴϲŽŵƉ͕͘Ɖ͘ϭϴϵͿĂŶĚ ϭϮϲϴϵ;ϯ͘&͘Z͘ΑϭϵϴϵŽŵƉ͕͘Ɖ͘ϮϯϱͿ͕͞ĞďĂƌŵĞŶƚĂŶĚ^ƵƐƉĞŶƐŝŽŶ͘͟^DǆĐůƵƐŝŽŶƐĐŽŶƚĂŝŶƐ ƚŚĞŶĂŵĞƐŽĨƉĂƌƟĞƐĚĞďĂƌƌĞĚ͕ƐƵƐƉĞŶĚĞĚ͕ŽƌŽƚŚĞƌǁŝƐĞĞǆĐůƵĚĞĚďǇĂŐĞŶĐŝĞƐ͕ĂƐǁĞůůĂƐƉĂƌƟĞƐ ĚĞĐůĂƌĞĚŝŶĞůŝŐŝďůĞƵŶĚĞƌƐƚĂƚƵƚŽƌǇŽƌƌĞŐƵůĂƚŽƌǇĂƵƚŚŽƌŝƚǇŽƚŚĞƌƚŚĂŶǆĞĐƵƟǀĞKƌĚĞƌϭϮϱϰϵ͘ ^ƵƉƉůŝĞƌĐĞƌƟĮĞƐƚŚĂƚŶĞŝƚŚĞƌŝƚŶŽƌŝƚƐƉƌŝŶĐŝƉĂůƐĂƌĞƉƌĞƐĞŶƚůǇĚĞďĂƌƌĞĚ͕ƐƵƐƉĞŶĚĞĚ͕ƉƌŽƉŽƐĞĚ ĨŽƌĚĞďĂƌŵĞŶƚ͕ĚĞĐůĂƌĞĚŝŶĞůŝŐŝďůĞ͕ŽƌǀŽůƵŶƚĂƌŝůǇĞǆĐůƵĚĞĚĨƌŽŵƉĂƌƟĐŝƉĂƟŽŶďǇĂŶǇĨĞĚĞƌĂů department or agency. vii) BYRD ANTI->Kz/E'DEDEd͕^DE;ϯϭh͘^͘͘ΑϭϯϱϮͿ͘ Suppliers must ĮůĞĂŶǇƌĞƋƵŝƌĞĚĐĞƌƟĮĐĂƟŽŶƐ͘^ƵƉƉůŝĞƌƐŵƵƐƚŶŽƚŚĂǀĞƵƐĞĚĨĞĚĞƌĂůĂƉƉƌŽƉƌŝĂƚĞĚĨƵŶĚƐƚŽƉĂǇ ĂŶǇƉĞƌƐŽŶŽƌŽƌŐĂŶŝǌĂƟŽŶĨŽƌŝŶŇƵĞŶĐŝŶŐŽƌĂƩĞŵƉƟŶŐƚŽŝŶŇƵĞŶĐĞĂŶŽĸĐĞƌŽƌĞŵƉůŽǇĞĞŽĨ ĂŶǇĂŐĞŶĐǇ͕ĂŵĞŵďĞƌŽĨŽŶŐƌĞƐƐ͕ŽĸĐĞƌŽƌĞŵƉůŽǇĞĞŽĨŽŶŐƌĞƐƐ͕ŽƌĂŶĞŵƉůŽǇĞĞŽĨĂ ŵĞŵďĞƌŽĨŽŶŐƌĞƐƐŝŶĐŽŶŶĞĐƟŽŶǁŝƚŚŽďƚĂŝŶŝŶŐĂŶǇĨĞĚĞƌĂůĐŽŶƚƌĂĐƚ͕ŐƌĂŶƚ͕ŽƌĂŶǇŽƚŚĞƌ ĂǁĂƌĚĐŽǀĞƌĞĚďǇϯϭh͘^͘͘ΑϭϯϱϮ͘^ƵƉƉůŝĞƌƐŵƵƐƚĚŝƐĐůŽƐĞĂŶǇůŽďbying with non-ĨĞĚĞƌĂůĨƵŶĚƐ ƚŚĂƚƚĂŬĞƐƉůĂĐĞŝŶĐŽŶŶĞĐƟŽŶǁŝƚŚŽďƚĂŝŶŝŶŐĂŶǇĨĞĚĞƌĂůĂǁĂƌĚ͘^ƵĐŚĚŝƐĐůŽƐƵƌĞƐĂƌĞĨŽƌǁĂƌĚĞĚ ĨƌŽŵƟĞƌƚŽƟĞƌƵƉƚŽƚŚĞŶŽŶ-ĨĞĚĞƌĂůĂǁĂƌĚ͘^ƵƉƉůŝĞƌƐŵƵƐƚĮůĞĂůůĐĞƌƟĮĐĂƟŽŶƐĂŶĚĚŝƐĐůŽƐƵƌĞƐ ƌĞƋƵŝƌĞĚďǇ͕ĂŶĚŽƚŚĞƌǁŝƐĞĐŽŵƉůǇǁŝƚŚ͕ƚŚĞǇƌĚŶƟ->ŽďďǇŝŶŐŵĞŶĚŵĞŶƚ;ϯϭh͘^͘͘ΑϭϯϱϮͿ͘ viii) ZKZZdEd/KEZYh/ZDEd^͘To the extent applicable, Supplier must comply ǁŝƚŚƚŚĞƌĞĐŽƌĚƌĞƚĞŶƟŽŶƌĞƋƵŝƌĞŵĞŶƚƐĚĞƚĂŝůĞĚŝŶϮ͘&͘Z͘ΑϮϬϬ͘ϯϯϯ͘dŚĞ^ƵƉƉůŝĞƌĨƵƌƚŚĞƌ 081524-EJW v052824 6 ĐĞƌƟĮĞƐƚŚĂƚŝƚǁŝůůƌĞƚĂŝŶĂůůƌĞĐŽƌĚƐĂƐƌĞƋƵŝƌĞĚďǇϮ͘&͘Z͘ΑϮϬϬ͘ϯϯϯĨŽƌĂƉĞƌŝŽĚŽĨϯǇĞĂƌƐĂŌĞƌ ŐƌĂŶƚĞĞƐŽƌƐƵďŐƌĂŶƚĞĞƐƐƵďŵŝƚĮŶĂůĞǆƉĞŶĚŝƚƵƌĞƌĞƉŽƌƚƐŽƌƋƵĂƌƚĞƌůǇŽƌĂŶŶƵĂůĮŶĂŶĐŝĂů ƌĞƉŽƌƚƐ͕ĂƐĂƉƉůŝĐĂďůĞ͕ĂŶĚĂůůŽƚŚĞƌƉĞŶĚŝŶŐŵĂƩĞƌƐĂƌĞĐůosed. ix) ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, ^ƵƉƉůŝĞƌŵƵƐƚĐŽŵƉůǇǁŝƚŚƚŚĞŵĂŶĚĂƚŽƌǇƐƚĂŶĚĂƌĚƐĂŶĚƉŽůŝĐŝĞƐƌĞůĂƟŶŐƚŽĞŶĞƌŐǇĞĸĐŝĞŶĐǇ ǁŚŝĐŚĂƌĞĐŽŶƚĂŝŶĞĚŝŶƚŚĞƐƚĂƚĞĞŶĞƌŐǇĐŽŶƐĞƌǀĂƟŽŶƉůĂŶŝƐƐƵĞĚŝŶĐŽŵƉůŝĂŶĐĞǁŝƚŚƚŚĞŶĞƌŐǇ WŽůŝĐǇĂŶĚŽŶƐĞƌǀĂƟŽŶĐƚ͘ x) BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Supplier must ĐŽŵƉůǇǁŝƚŚĂůůĂƉƉůŝĐĂďůĞƉƌŽǀŝƐŝŽŶƐŽĨƚŚĞƵǇŵĞƌŝĐĂŶĐƚ͘WƵƌĐŚĂƐĞƐŵĂĚĞŝŶĂĐĐŽƌĚĂŶĐĞ ǁŝƚŚƚŚĞƵǇŵĞƌŝĐĂŶĐƚŵƵƐƚĨŽůůŽǁƚŚĞĂƉƉůŝĐĂďůĞƉƌŽĐƵƌĞŵĞŶƚƌƵůĞƐĐĂůůŝŶŐĨŽƌĨƌĞĞĂŶĚ ŽƉĞŶĐŽŵƉĞƟƟŽŶ͘ xi) ^^dKZKZ^;Ϯ͘&͘Z͘ΑϮϬϬ͘ϯϯϲͿ͘ ^ƵƉƉůŝĞƌĂŐƌĞĞƐƚŚĂƚĚƵůǇĂƵƚŚŽƌŝǌĞĚ ƌĞƉƌĞƐĞŶƚĂƟǀĞƐŽĨĂĨĞĚĞƌĂůĂŐĞŶĐǇŵƵƐƚŚĂǀĞĂĐĐĞƐƐƚŽĂŶǇďŽŽŬƐ͕ĚŽĐƵŵĞŶƚƐ͕ƉĂƉĞƌƐĂŶĚ ƌĞĐŽƌĚƐŽĨ^ƵƉƉůŝĞƌƚŚĂƚĂƌĞĚŝƌĞĐƚůǇƉĞƌƟŶĞŶƚƚŽ^ƵƉƉůŝĞƌ͛ƐĚŝƐĐŚĂƌŐĞŽĨŝƚƐŽďůŝŐĂƟŽŶƐƵŶĚĞƌƚŚŝƐ ŐƌĞĞŵĞŶƚĨŽƌƚŚĞƉƵƌƉŽƐĞŽĨŵĂŬŝŶŐĂƵĚŝƚƐ͕ĞǆĂŵŝŶĂƟŽŶƐ͕ĞǆĐĞƌƉƚƐ͕ĂŶĚƚƌĂŶƐĐƌŝƉƟŽŶƐ͘dŚĞ ƌŝŐŚƚĂůƐŽŝŶĐůƵĚĞƐƟŵĞůǇĂŶĚƌĞĂƐŽŶĂďůĞĂĐĐĞƐƐƚŽ^ƵƉƉůŝĞƌ͛ƐƉĞƌƐŽŶŶĞůĨŽƌƚŚĞƉƵƌƉŽƐĞŽĨ ŝŶƚĞƌǀŝĞǁĂŶĚĚŝƐĐƵƐƐŝŽŶƌĞůĂƟŶŐƚŽƐƵĐŚĚŽĐƵŵĞŶƚƐ͘ xii) WZKhZDEdK&ZKsZDdZ/>^;Ϯ͘&͘Z͘ΑϮϬϬ͘ϯϮϮͿ͘A non-ĨĞĚĞƌĂůĞŶƟƚǇ ƚŚĂƚŝƐĂƐƚĂƚĞĂŐĞŶĐǇŽƌĂŐĞŶĐǇŽĨĂƉŽůŝƟĐĂůƐƵďĚŝǀŝƐŝŽŶŽĨĂƐƚĂƚĞĂŶĚŝƚƐĐŽŶƚƌĂĐƚŽƌƐŵƵƐƚ ĐŽŵƉůǇǁŝƚŚ^ĞĐƟŽŶϲϬϬϮŽĨƚŚĞ^ŽůŝĚtĂƐƚĞŝƐƉŽƐĂůĐƚ͕ĂƐĂŵĞŶĚĞĚďǇƚŚĞZĞƐŽƵƌĐĞ ŽŶƐĞƌǀĂƟŽŶĂŶĚZĞĐŽǀĞƌǇĐƚ͘dŚĞƌĞƋƵŝƌĞŵĞŶƚƐŽĨ^ĞĐƟŽŶϲϬϬϮŝŶĐůƵĚĞƉƌŽĐƵƌŝŶŐŽŶůǇŝƚĞŵƐ ĚĞƐŝŐŶĂƚĞĚŝŶŐƵŝĚĞůŝŶĞƐŽĨƚŚĞŶǀŝƌŽŶŵĞŶƚĂůWƌŽƚĞĐƟŽŶŐĞŶĐǇ;WͿĂƚϰϬ͘&͘Z͘ΑϮϰϳƚŚĂƚ ĐŽŶƚĂŝŶƚŚĞŚŝŐŚĞƐƚƉĞƌĐĞŶƚĂŐĞŽĨƌĞĐŽǀĞƌĞĚŵĂƚĞƌŝĂůƐƉƌĂĐƟĐĂďůĞ͕ consistent with maintaining a ƐĂƟƐĨĂĐƚŽƌǇůĞǀĞůŽĨĐŽŵƉĞƟƟŽŶ͕ǁŚĞƌĞƚŚĞƉƵƌĐŚĂƐĞƉƌŝĐĞŽĨƚŚĞŝƚĞŵĞǆĐĞĞĚƐΨϭϬ͕ϬϬϬŽƌƚŚĞ ǀĂůƵĞŽĨƚŚĞƋƵĂŶƟƚǇĂĐƋƵŝƌĞĚĚƵƌŝŶŐƚŚĞƉƌĞĐĞĚŝŶŐĮƐĐĂůǇĞĂƌĞǆĐĞĞĚĞĚΨϭϬ͕ϬϬϬ͖ƉƌŽĐƵƌŝŶŐ solid waste management services in a mĂŶŶĞƌƚŚĂƚŵĂǆŝŵŝǌĞƐĞŶĞƌŐǇĂŶĚƌĞƐŽƵƌĐĞƌĞĐŽǀĞƌǇ͖ ĂŶĚĞƐƚĂďůŝƐŚŝŶŐĂŶĂĸƌŵĂƟǀĞƉƌŽĐƵƌĞŵĞŶƚƉƌŽŐƌĂŵĨŽƌƉƌŽĐƵƌĞŵĞŶƚŽĨƌĞĐŽǀĞƌĞĚŵĂƚĞƌŝĂůƐ ŝĚĞŶƟĮĞĚŝŶƚŚĞWŐƵŝĚĞůŝŶĞƐ͘ xiii) &Z>^>;^Ϳ͕>K'K^͕E&>'^͘ The Supplier cannot use the seal(s), logos, crests, ŽƌƌĞƉƌŽĚƵĐƟŽŶƐŽĨŇĂŐƐŽƌůŝŬĞŶĞƐƐĞƐŽĨ&ĞĚĞƌĂůĂŐĞŶĐǇŽĸĐŝĂůƐǁŝƚŚŽƵƚƐƉĞĐŝĮĐƉƌĞ-approval. xiv) NO OBLIGATION BY FEDERAL GOVERNMENT. dŚĞh͘^͘ĨĞĚĞƌĂůŐŽǀĞƌŶŵĞŶƚŝƐŶŽƚĂƉĂƌƚǇ ƚŽƚŚŝƐŐƌĞĞŵĞŶƚŽƌĂŶǇƉƵƌĐŚĂƐĞďǇĂWĂƌƟĐŝƉĂƟŶŐŶƟƚǇĂŶĚŝƐŶŽƚƐƵďũĞĐƚƚŽĂŶǇŽďůŝŐĂƟŽŶƐ ŽƌůŝĂďŝůŝƟĞƐƚŽƚŚĞWĂƌƟĐŝƉĂƟŶŐŶƟƚǇ͕^ƵƉƉůŝĞƌ͕ŽƌĂŶǇŽƚŚĞƌƉĂƌƚǇƉĞƌƚĂŝŶŝŶŐƚŽĂŶǇŵĂƩĞƌ ƌĞƐƵůƟŶŐĨƌŽŵƚŚĞŐƌĞĞŵĞŶƚŽƌĂŶǇƉƵƌĐŚĂƐĞďǇĂŶĂƵƚŚŽƌŝǌĞĚƵƐĞƌ͘ xv) PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS. The ŽŶƚƌĂĐƚŽƌĂĐŬŶŽǁůĞĚŐĞƐƚŚĂƚϯϭh͘^͘͘Αϯϴ;ĚŵŝŶŝƐƚƌĂƟǀĞZĞŵĞĚŝĞƐĨŽƌ&ĂůƐĞůĂŝŵƐĂŶĚ ^ƚĂƚĞŵĞŶƚƐͿĂƉƉůŝĞƐƚŽƚŚĞ^ƵƉƉůŝĞƌ͛ƐĂĐƟŽŶƐƉĞƌƚĂŝŶŝŶŐƚŽƚŚŝƐŐƌĞĞŵĞŶƚŽƌĂŶǇƉƵƌĐŚĂƐĞďǇĂ WĂƌƟĐŝƉĂƟŶŐŶƟƚǇ͘ 081524-EJW v052824 7 xvi) FEDERAL DEBT. dŚĞ^ƵƉƉůŝĞƌĐĞƌƟĮĞƐƚŚĂƚŝƚŝƐŶŽŶ-ĚĞůŝŶƋƵĞŶƚŝŶŝƚƐƌĞƉĂǇŵĞŶƚŽĨĂŶǇ ĨĞĚĞƌĂůĚĞďƚ͘ǆĂŵƉůĞƐŽĨƌĞůĞǀĂŶƚĚĞďƚŝŶĐůƵĚĞĚĞůŝŶƋƵĞŶƚƉĂǇƌŽůůĂŶĚŽƚŚĞƌƚĂǆĞƐ͕ĂƵĚŝƚ ĚŝƐĂůůŽǁĂŶĐĞ͕ĂŶĚďĞŶĞĮƚŽǀĞƌƉĂǇŵĞŶƚƐ͘ xvii) CONFLICTS OF INTEREST. dŚĞ^ƵƉƉůŝĞƌŵƵƐƚŶŽƟĨǇƚŚĞh͘^͘KĸĐĞŽĨ'ĞŶĞƌĂů^ĞƌǀŝĐĞƐ͕ ^ŽƵƌĐĞǁĞůů͕ĂŶĚWĂƌƟĐŝƉĂƟŶŐŶƟƚǇĂƐƐŽŽŶĂƐƉŽƐƐŝďůĞŝĨƚŚŝƐŐƌĞĞŵĞŶƚŽƌĂŶǇĂƐƉĞĐƚƌĞůĂƚĞĚ ƚŽƚŚĞĂŶƟĐŝƉĂƚĞĚǁŽƌŬƵŶĚĞƌƚŚŝƐŐƌĞĞŵĞŶƚƌĂŝƐĞƐĂŶĂĐƚƵĂůŽƌƉŽƚĞŶƟĂůĐŽŶŇŝĐƚŽĨŝŶƚĞƌĞƐƚ(as ĚĞƐĐƌŝďĞĚŝŶϮ͘&͘Z͘WĂƌƚϮϬϬͿ͘dŚĞ^ƵƉƉůŝĞƌŵƵƐƚĞǆƉůĂŝŶƚŚĞĂĐƚƵĂůŽƌƉŽƚĞŶƟĂůĐŽŶŇŝĐƚŝŶ ǁƌŝƟŶŐŝŶƐƵĸĐŝĞŶƚĚĞƚĂŝůƐŽƚŚĂƚƚŚĞh͘^͘KĸĐĞŽĨ'ĞŶĞƌĂů^ĞƌǀŝĐĞƐ͕^ŽƵƌĐĞǁĞůů͕ĂŶĚ WĂƌƟĐŝƉĂƟŶŐŶƟƚǇĂƌĞĂďůĞƚŽĂƐƐĞƐƐƚŚĞĂĐƚƵĂůŽƌƉŽƚĞŶƟĂůĐŽŶŇŝĐƚ͖ĂŶĚƉƌŽǀŝĚĞĂŶǇĂĚĚŝƟŽŶĂů ŝŶĨŽƌŵĂƟŽŶĂƐŶĞĐĞƐƐĂƌǇŽƌƌĞƋƵĞƐƚĞĚ͘ xviii) h͘^͘yhd/sKZZϭϯϮϮϰ͘ The Supplier, and its subcontractors, must comply with h͘^͘ǆĞĐƵƟǀĞKƌĚĞƌϭϯϮϮϰĂŶĚh͘^͘>ĂǁƐƚŚĂƚƉƌŽŚŝďŝƚƚƌĂŶƐĂĐƟŽŶƐǁŝƚŚĂŶĚƉƌŽǀŝƐŝŽŶŽĨ ƌĞƐŽƵƌĐĞƐĂŶĚƐƵƉƉŽƌƚƚŽŝŶĚŝǀŝĚƵĂůƐĂŶĚŽƌŐĂŶŝǌĂƟŽŶƐĂƐƐŽĐŝĂƚĞĚǁŝƚŚƚĞƌƌŽƌŝƐŵ͘ xix) PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE ^Zs/^KZYh/WDEd͘ dŽƚŚĞĞǆƚĞŶƚĂƉƉůŝĐĂďůĞ͕^ƵƉƉůŝĞƌĐĞƌƟĮĞƐƚŚĂƚĚƵƌŝŶŐƚŚĞƚĞƌŵŽĨ ƚŚŝƐŐƌĞĞŵĞŶƚŝƚǁŝůůĐŽŵƉůǇǁŝƚŚĂƉƉůŝĐĂďůĞƌĞƋƵŝƌĞŵĞŶƚƐŽĨϮ͘&͘Z͘ΑϮϬϬ͘Ϯϭϲ͘ xx) DOMESTIC PREFERENCES FOR PROCUREMENTS. To the extent applicable, Supplier ĐĞƌƟĮĞƐƚŚĂƚĚƵƌŝŶŐƚŚĞƚĞƌŵŽĨƚŚŝƐŐƌĞĞŵĞŶƚ͕^ƵƉƉůŝĞƌǁŝůůĐŽŵƉůǇǁŝƚŚĂƉƉůŝĐĂďůĞ ƌĞƋƵŝƌĞŵĞŶƚƐŽĨϮ͘&͘Z͘ΑϮϬϬ͘ϯϮϮ͘ ƌƟĐůĞϮ͗ ^ŽƵƌĐĞǁĞůůĂŶĚ^ƵƉƉůŝĞƌKďůŝŐĂƟŽŶƐ dŚĞdĞƌŵƐŝŶƚŚŝƐƌƟĐůĞϮƌĞůĂƚĞƐƉĞĐŝĮĐĂůůǇƚŽ^ŽƵƌĐĞǁĞůůĂŶĚŝƚƐĂĚŵŝŶŝƐƚƌĂƟŽŶŽĨƚŚŝƐDĂƐƚĞƌ ŐƌĞĞŵĞŶƚǁŝƚŚ^ƵƉƉůŝĞƌĂŶĚ^ƵƉƉůŝĞƌ͛ƐŽďůŝŐĂƟŽŶƐƚŚĞƌĞƵŶĚĞƌ͘ 1) ƵƚŚŽƌŝǌĞĚ^ĞůůĞƌƐ͘^ƵƉƉůŝĞƌŵƵƐƚƉƌŽǀŝĚĞ^ŽƵƌĐĞǁĞůůĂĐƵƌƌĞŶƚŵĞĂŶƐƚŽǀĂůŝĚĂƚĞŽƌĂƵƚŚĞŶƟĐĂƚĞ ^ƵƉƉůŝĞƌ͛ƐĂƵƚŚŽƌŝǌĞĚĚĞĂůĞƌƐ͕ĚŝƐƚƌŝďƵƚŽƌƐ͕ŽƌƌĞƐĞůůĞƌƐǁŚŝĐŚŵĂǇĐŽŵƉůĞƚĞƚƌĂŶƐĂĐƟŽŶƐŽĨ/ŶĐůƵĚĞĚ ^ŽůƵƟŽŶƐŽīĞƌĞĚƵŶĚĞƌƚŚŝƐŐƌĞĞŵĞŶƚ͘^ŽƵƌĐĞǁĞůůŵĂǇƌĞƋƵĞƐƚƵƉĚĂƚĞĚŝŶĨŽƌŵĂƟŽŶŝŶŝƚƐ ĚŝƐĐƌĞƟŽŶ͕ĂŶĚ^ƵƉƉůŝĞƌĂŐƌĞĞƐƚŽƉƌŽǀŝĚĞƌĞƋƵĞƐƚĞĚŝŶĨŽƌŵĂƟŽŶǁŝƚŚŝŶĂƌĞĂƐŽŶĂďůĞƟŵĞ͘ 2) WƌŽĚƵĐƚĂŶĚWƌŝĐĞŚĂŶŐĞƐZĞƋƵŝƌĞŵĞŶƚƐ͘ ^ƵƉƉůŝĞƌŵĂǇƌĞƋƵĞƐƚ/ŶĐůƵĚĞĚ^ŽůƵƟŽŶƐchanges, ĂĚĚŝƟŽŶƐ͕ŽƌĚĞůĞƟŽŶƐĂƚĂŶǇƟŵĞ͘ůůƌĞƋƵĞƐƚƐŵƵƐƚďĞŵĂĚĞŝŶǁƌŝƟŶŐďǇƐƵďŵŝƫŶŐĂ^ŽƵƌĐĞǁĞůů WƌŝĐĞĂŶĚWƌŽĚƵĐƚŚĂŶŐĞZĞƋƵĞƐƚ&ŽƌŵƚŽ^ŽƵƌĐĞǁĞůů͘ƚĂŵŝŶŝŵƵŵ͕ƚŚĞƌĞƋƵĞƐƚŵƵƐƚ͗ x /ĚĞŶƟĨǇƚŚĞĂƉƉůŝĐĂďůĞ^ŽƵƌĐĞǁĞůůŐƌĞĞŵĞŶƚŶƵŵďĞƌ͖ x ůĞĂƌůǇƐƉĞĐŝĨǇƚŚĞƌĞƋƵĞƐƚĞĚĐŚĂŶŐĞ͖ x WƌŽǀŝĚĞƐƵĸĐŝĞŶƚĚĞƚĂŝůƚŽũƵƐƟĨǇƚŚĞƌĞƋƵĞƐƚĞĚĐŚĂŶŐĞ͖ x Individually list all /ŶĐůƵĚĞĚ^ŽůƵƟŽŶƐĂīĞĐƚĞĚďǇƚŚĞƌĞƋƵĞƐƚĞĚĐŚĂŶŐĞ͕ĂůŽŶŐǁŝƚŚƚŚĞ ƌĞƋƵĞƐƚĞĚĐŚĂŶŐĞ;Ğ͘Ő͕͘ĂĚĚŝƟŽŶ͕ĚĞůĞƟŽŶ͕ƉƌŝĐĞĐŚĂŶŐĞͿ͖ĂŶĚ x /ŶĐůƵĚĞĂĐŽŵƉůĞƚĞƌĞƐƚĂƚĞŵĞŶƚŽĨWƌŝĐŝŶŐ>ŝƐƚǁŝƚŚƚŚĞĞīĞĐƟǀĞĚĂƚĞŽĨƚŚĞŵŽĚŝĮĞĚƉƌŝĐŝŶŐ͕ ŽƌƉƌŽĚƵĐƚĂĚĚŝƟŽŶŽƌĚĞůĞƟŽŶ͘dŚĞŶĞǁƉƌŝĐŝŶŐƌĞƐƚĂƚĞŵĞŶƚŵƵƐƚŝŶĐůƵĚĞĂůů/ŶĐůƵĚĞĚ ^ŽůƵƟŽŶƐŽīĞƌĞĚ͕ĞǀĞŶĨŽƌƚŚŽƐĞŝƚĞŵƐǁŚĞƌĞƉƌŝĐŝŶŐƌĞŵĂŝŶƐƵŶĐŚĂŶŐĞĚ͘ 081524-EJW v052824 8 ĨƵůůǇĞǆĞĐƵƚĞĚ^ŽƵƌĐĞǁĞůůWƌŝĐĞĂŶĚWƌŽĚƵĐƚŚĂŶŐĞZĞƋƵĞƐƚ&ŽƌŵǁŝůůďĞĐŽŵĞĂŶĂŵĞŶĚŵĞŶƚƚŽ ƚŚŝƐŐƌĞĞŵĞŶƚĂŶĚǁŝůůďĞŝŶĐŽƌƉŽƌĂƚĞĚďǇƌĞĨĞƌĞŶĐĞ͘ 3) ƵƚŚŽƌŝǌĞĚZĞƉƌĞƐĞŶƚĂƟǀĞ͘ ^ƵƉƉůŝĞƌǁŝůůĂƐƐŝŐŶĂŶƵƚŚŽƌŝǌĞĚZĞƉƌĞƐĞŶƚĂƟǀĞƚŽ^ŽƵƌĐĞǁĞůůĨŽƌƚŚŝƐ ŐƌĞĞŵĞŶƚĂŶĚŵƵƐƚƉƌŽǀŝĚĞƉƌŽŵƉƚŶŽƟĐĞƚŽ^ŽƵƌĐĞǁĞůůŝĨƚŚĂƚƉĞƌƐŽŶŝƐĐŚĂŶŐĞĚ͘dŚĞƵƚŚŽƌŝǌĞĚ ZĞƉƌĞƐĞŶƚĂƟǀĞǁŝůůďĞƌĞƐƉŽŶƐŝďůĞĨŽƌ͗ x DĂŝŶƚĞŶĂŶĐĞĂŶĚŵĂŶĂŐĞŵĞŶƚŽĨƚŚŝƐŐƌĞĞŵĞŶƚ͖ x dŝŵĞůǇƌĞƐƉŽŶƐĞƚŽĂůů^ŽƵƌĐĞǁĞůůĂŶĚWĂƌƟĐŝƉĂƟŶŐŶƟƚǇŝŶƋƵŝƌŝĞƐ͖ĂŶĚ x WĂƌƟĐŝƉĂƟŽŶŝŶƌĞǀŝĞǁƐǁŝƚŚ^ŽƵƌĐĞǁĞůů͘ ^ŽƵƌĐĞǁĞůůΖƐƵƚŚŽƌŝǌĞĚZĞƉƌĞƐĞŶƚĂƟǀĞŝƐŝƚƐŚŝĞĨWƌŽĐƵƌĞŵĞŶƚKĸĐĞƌ. 4) WĞƌĨŽƌŵĂŶĐĞZĞǀŝĞǁƐ͘ Supplier will ƉĞƌĨŽƌŵĂŵŝŶŝŵƵŵŽĨŽŶĞƌĞǀŝĞǁǁŝƚŚ^ŽƵƌĐĞǁĞůůƉĞƌ ĂŐƌĞĞŵĞŶƚǇĞĂƌ͘dŚĞƌĞǀŝĞǁǁŝůůĐŽǀĞƌƚƌĂŶƐĂĐƟŽŶƐƚŽWĂƌƟĐŝƉĂƟŶŐŶƟƟĞƐ͕ƉƌŝĐŝŶŐĂŶĚƚĞƌŵƐ͕ ĂĚŵŝŶŝƐƚƌĂƟǀĞĨĞĞƐ͕ƐĂůĞƐĚĂƚĂƌĞƉŽƌƚƐ͕ƉĞƌĨŽƌŵĂŶĐĞŝƐƐƵĞƐ͕ƐƵƉƉůǇ chain issues, customer issues, and ĂŶǇŽƚŚĞƌŶĞĐĞƐƐĂƌǇŝŶĨŽƌŵĂƟŽŶ͘ 5) ^ĂůĞƐZĞƉŽƌƟŶŐZĞƋƵŝƌĞĚ͘ ^ƵƉƉůŝĞƌŝƐƌĞƋƵŝƌĞĚĂƐĂŵĂƚĞƌŝĂůĞůĞŵĞŶƚƚŽƚŚŝƐDĂƐƚĞƌŐƌĞĞŵĞŶƚƚŽ ƌĞƉŽƌƚĂůůĐŽŵƉůĞƚĞĚƚƌĂŶƐĂĐƟŽŶƐǁŝƚŚWĂƌƟĐŝƉĂƟŶŐŶƟƟĞƐƵƟůŝǌŝŶŐƚŚŝƐŐƌĞĞŵĞŶƚ͘&ĂŝůƵƌĞƚŽ provide complete and accurate ƌĞƉŽƌƚƐĂƐĚĞĮŶĞĚŚĞƌĞŝŶǁŝůůďĞĂŵĂƚĞƌŝĂůďƌĞĂĐŚŽĨƚŚĞŐƌĞĞŵĞŶƚ ĂŶĚ^ŽƵƌĐĞǁĞůůƌĞƐĞƌǀĞƐƚŚĞƌŝŐŚƚƚŽƉƵƌƐƵĞĂůůƌĞŵĞĚŝĞƐĂǀĂŝůĂďůĞĂƚůĂǁŝŶĐůƵĚŝŶŐĐĂŶĐĞůůĂƟŽŶŽĨ this Agreement. 6) ZĞƉŽƌƟŶŐZĞƋƵŝƌĞŵĞŶƚƐ͘ ^ƵƉƉůŝĞƌŵƵƐƚƉƌŽǀŝĚĞ^ŽƵƌĐĞǁĞůůĂŶĂĐƟǀŝƚǇƌĞƉŽƌƚŽĨĂůůƚƌĂŶƐĂĐƟŽŶƐ ĐŽŵƉůĞƚĞĚƵƟůŝǌŝŶŐƚŚŝƐŐƌĞĞŵĞŶƚ͘ZĞƉŽƌƚƐĂƌĞĚƵĞĂƚůĞĂƐƚŽŶĐĞĞĂĐŚĐĂůĞŶĚĂƌƋƵĂƌƚĞƌ;ZĞƉŽƌƟŶŐ WĞƌŝŽĚͿ͘ZĞƉŽƌƚƐŵƵƐƚďĞƌĞĐĞŝǀĞĚŶŽůĂƚĞƌƚŚĂŶϰϱĐĂůĞŶĚĂƌĚĂǇƐĂŌĞƌƚŚĞĞŶĚŽĨĞĂch calendar ƋƵĂƌƚĞƌ͘^ƵƉƉůŝĞƌŵĂǇƌĞƉŽƌƚŽŶĂŵŽƌĞĨƌĞƋƵĞŶƚďĂƐŝƐŝŶŝƚƐĚŝƐĐƌĞƟŽŶ͘ZĞƉŽƌƚƐŵƵƐƚďĞƉƌŽǀŝĚĞĚ ƌĞŐĂƌĚůĞƐƐŽĨƚŚĞĂŵŽƵŶƚŽĨĐŽŵƉůĞƚĞĚƚƌĂŶƐĂĐƟŽŶƐĚƵƌŝŶŐƚŚĂƚƋƵĂƌƚĞƌ;ŝ͘Ğ͕͘ŝĨƚŚĞƌĞĂƌĞŶŽƐĂůĞƐ͕ Supplier must submit a ƌĞƉŽƌƚŝŶĚŝĐĂƟŶŐŶŽƐĂůĞƐǁĞƌĞŵĂĚĞͿ͘ dŚĞZĞƉŽƌƚŵƵƐƚĐŽŶƚĂŝŶƚŚĞĨŽůůŽǁŝŶŐĮĞůĚƐ͗ x WĂƌƟĐŝƉĂƟŶŐŶƟƚǇEĂŵĞ;Ğ͘Ő͕͘ŝƚǇŽĨ^ƚĂƉůĞƐ,ŝŐŚǁĂǇĞƉĂƌƚŵĞŶƚͿ͖ x WĂƌƟĐŝƉĂƟŶŐŶƟƚǇWŚǇƐŝĐĂů^ƚƌĞĞƚĚĚƌĞƐƐ͖ x WĂƌƟĐŝƉĂƟŶŐŶƟƚǇŝƚǇ͖ x WĂƌƟĐŝƉĂƟŶŐŶƟƚǇ^ƚĂƚĞͬWƌŽǀŝŶĐĞ͖ x WĂƌƟĐŝƉĂƟŶŐŶƟƚǇŝƉͬWŽƐƚĂůŽĚĞ͖ x ^ŽƵƌĐĞǁĞůůWĂƌƟĐŝƉĂƟŶŐŶƟƚǇAccount EƵŵďĞƌ͖ x dƌĂŶƐĂĐƟŽŶĞƐĐƌŝƉƟŽŶ͖ x dƌĂŶƐĂĐƟŽŶWƵƌĐŚĂƐĞĚWƌŝĐĞ͖ x ^ŽƵƌĐĞǁĞůůĚŵŝŶŝƐƚƌĂƟǀĞ&ĞĞƉƉůŝĞĚ͖ĂŶĚ x ĂƚĞdƌĂŶƐĂĐƟŽŶǁĂƐŝŶǀŽŝĐĞĚͬƐĂůĞǁĂƐƌĞĐŽŐŶŝǌĞĚĂƐƌĞǀĞŶƵĞďǇ^ƵƉƉůŝĞƌ͘ /Ĩcollected by Supplier, ƚŚĞZĞƉŽƌƚŵĂǇŝŶĐůƵĚĞƚŚĞĨŽůůŽǁŝŶŐĮĞůĚƐĂƐĂǀĂŝůĂďůĞ͗ x WĂƌƟĐŝƉĂƟŶŐŶƟƚǇŽŶƚĂĐƚEĂŵĞ͖ x WĂƌƟĐŝƉĂƟŶŐŶƟƚǇŽŶƚĂĐƚŵĂŝůĚĚƌĞƐƐ͖ x WĂƌƟĐŝƉĂƟŶŐŶƟƚǇŽŶƚĂĐƚdĞůĞƉŚŽŶĞEƵŵďĞƌ͖ 081524-EJW v052824 9 7) ĚŵŝŶŝƐƚƌĂƟǀĞ&ĞĞ͘ /ŶĐŽŶƐŝĚĞƌĂƟŽŶĨŽƌƚŚĞƐƵƉƉŽƌƚĂŶĚƐĞƌǀŝĐĞƐƉƌŽǀŝĚĞĚďǇ^ŽƵƌĐĞǁĞůů͕^ƵƉƉůŝĞƌ ǁŝůůƉĂǇĂŶĚŵŝŶŝƐƚƌĂƟǀĞ&ĞĞƚŽ^ŽƵƌĐĞǁĞůůŽŶĂůůĐŽŵƉůĞƚĞĚƚƌĂŶƐĂĐƟŽŶƐƚŽWĂƌƟĐŝƉĂƟŶŐŶƟƟĞƐ ƵƟůŝǌŝŶŐƚŚŝƐŐƌĞĞŵĞŶƚ͘^ƵƉƉůŝĞƌǁŝůůŝŶĐůƵĚĞŝƚƐĚŵŝŶŝƐƚƌĂƟǀĞ&ĞĞǁŝƚŚin its proposed pricing. ^ƵƉƉůŝĞƌŵĂǇŶŽƚĚŝƌĞĐƚůǇĐŚĂƌŐĞWĂƌƟĐŝƉĂƟŶŐŶƟƟĞƐƚŽŽīƐĞƚƚŚĞĚŵŝŶŝƐƚƌĂƟǀĞ&ĞĞ͘ 8) &ĞĞĂůĐƵůĂƟŽŶ͘ ^ƵƉƉůŝĞƌ͛ƐĚŵŝŶŝƐƚƌĂƟǀĞ&ĞĞƉĂǇĂďůĞƚŽ^ŽƵƌĐĞǁĞůůǁŝůůďĞĐĂůĐƵůĂƚĞĚĂƐĂƐƚĂƚĞĚ ƉĞƌĐĞŶƚĂŐĞ;ůŝƐƚĞĚŝŶ^ƵƉƉůŝĞƌ͛ƐWƌŽƉŽƐĂůͿŽĨĂůůĐŽŵƉůĞƚĞĚƚƌĂŶƐĂĐƟŽŶƐƵƟůŝǌŝŶŐƚŚŝƐDĂƐƚĞƌ ŐƌĞĞŵĞŶƚǁŝƚŚŝŶƚŚĞƉƌĞĐĞĚŝŶŐZĞƉŽƌƟŶŐWĞƌŝŽĚ͘ For certain categories, a ŇĂƚĨĞĞ may be proposed. dŚĞĚŵŝŶŝƐƚƌĂƟǀĞ&ĞĞǁŝůůďĞƐƚĂƚĞĚŝŶ^ƵƉƉůŝĞƌ͛ƐWƌŽƉŽƐĂů. 9) &ĞĞZĞŵŝƩĂŶĐĞ͘ ^ƵƉƉůŝĞƌǁŝůůƌĞŵŝƚĨĞĞƚŽ^ŽƵƌĐĞǁĞůůŶŽůĂƚĞƌƚŚĂŶϰϱĐĂůĞŶĚĂƌĚĂǇƐĂŌĞƌƚŚĞĐůŽƐĞ ŽĨƚŚĞƉƌĞĐĞĚŝŶŐĐĂůĞŶĚĂƌƋƵĂƌƚĞƌŝŶĐŽŶũƵŶĐƟŽŶǁŝƚŚ^ƵƉƉůŝĞƌ͛ƐZĞƉŽƌƟŶŐWĞƌŝŽĚŽďůŝŐĂƟŽŶƐ ĚĞĮŶĞĚŚĞƌĞŝŶ͘WĂǇŵĞŶƚƐƐŚŽƵůĚŶŽƚĞƚŚĞ^ƵƉƉůŝĞƌ͛ƐŶĂŵĞĂŶĚ^ŽƵƌĐĞǁĞůů-assigned Agreement ŶƵŵďĞƌŝŶƚŚĞŵĞŵŽ͖ĂŶĚŵƵƐƚďĞĞŝƚŚĞƌŵĂŝůĞĚto Sourcewell ĂďŽǀĞ͞ƩŶ͗ĐĐŽƵŶƚƐZĞĐĞŝǀĂďůĞ͟Žƌ ƌĞŵŝƩĞĚĞůĞĐƚƌŽŶŝĐĂůůǇƚŽ^ŽƵƌĐĞǁĞůů͛ƐďĂŶŬŝŶŐŝŶƐƟƚƵƟŽŶƉĞƌ^ŽƵƌĐĞǁĞůů͛Ɛ&ŝŶĂŶĐĞĚĞƉĂƌƚŵĞŶƚ ŝŶƐƚƌƵĐƟŽŶƐ͘ 10) EŽŶĐŽŵƉůŝĂŶĐĞ͘ Sourcewell reserves the right to seek all remedies available ĂƚůĂǁĨŽƌƵŶƉĂŝĚŽƌ ƵŶĚĞƌƉĂŝĚĚŵŝŶŝƐƚƌĂƟǀĞ&ĞĞƐĚƵĞƵŶĚĞƌƚŚŝƐŐƌĞĞŵĞŶƚ͘&ĂŝůƵƌĞƚŽƌĞŵŝƚƉĂǇŵĞŶƚ͕ĚĞůŝŶƋƵĞŶƚ payments͕ƵŶĚĞƌƉĂǇŵĞŶƚƐ͕ŽƌŽƚŚĞƌĚĞǀŝĂƟŽŶƐĨƌŽŵƚŚĞƌĞƋƵŝƌĞŵĞŶƚƐŽĨƚŚŝƐŐƌĞĞŵĞŶƚŵĂǇďĞ ĚĞĞŵĞĚĂŵĂƚĞƌŝĂůďƌĞĂĐŚĂŶĚŵĂǇƌĞƐƵůƚŝŶĐĂŶĐĞůůĂƟŽŶŽĨƚŚŝƐŐƌĞĞŵĞŶƚĂŶĚĚŝƐďĂƌŵĞŶƚĨƌŽŵ ĨƵƚƵƌĞŐƌĞĞŵĞŶƚƐ͘ 11) ƵĚŝƚZĞƋƵŝƌĞŵĞŶƚƐ͘ Pursuant to Minn. Stat. Α 16C.05, subdivision 5, the books, records, ĚŽĐƵŵĞŶƚƐ͕ĂŶĚĂĐĐŽƵŶƟŶŐƉƌŽĐĞĚƵƌĞƐĂŶĚƉƌĂĐƟĐĞƐƌĞůĞǀĂŶƚƚŽƚŚŝƐŐƌĞĞŵĞŶƚĂƌĞƐƵďũĞĐƚƚŽ ĞǆĂŵŝŶĂƟŽŶďǇ^ŽƵƌĐĞǁĞůůand ƚŚĞDŝŶŶĞƐŽƚĂ^ƚĂƚĞƵĚŝƚŽƌĨŽƌĂŵŝŶŝŵƵŵŽĨƐŝǆǇĞĂƌƐĨƌŽŵƚŚĞĞŶĚ ŽĨƚŚŝƐŐƌĞĞŵĞŶƚ͘^ƵƉƉůŝĞƌĂŐƌĞĞƐƚŽĨƵůůǇĐŽŽƉĞƌĂƚĞǁŝƚŚ^ŽƵƌĐĞǁĞůůŝŶĂƵĚŝƟŶŐƚƌĂŶƐĂĐƟŽŶƐƵŶĚĞƌ ƚŚŝƐŐƌĞĞŵĞŶƚƚŽĞŶƐƵƌĞĐŽŵƉůŝĂŶĐĞǁŝƚŚƉƌŝĐŝŶŐƚĞƌŵƐ͕ĐŽƌƌĞĐƚĐĂůĐƵůĂƟŽŶĂŶĚƌĞŵŝƩĂŶĐĞŽĨ ĚŵŝŶŝƐƚƌĂƟǀĞ&ĞĞƐ͕ĂŶĚǀĞƌŝĮĐĂƟŽŶŽĨƚƌĂŶƐĂĐƟŽŶƐĂƐŵĂǇďĞƌĞƋƵĞƐƚĞĚďǇĂWĂƌƟĐŝƉĂƟŶŐŶƟƚǇŽƌ Sourcewell. 12) ƐƐŝŐŶŵĞŶƚ͕dƌĂŶƐĨĞƌ͕and ĚŵŝŶŝƐƚƌĂƟǀĞŚĂŶŐĞƐ͘^ƵƉƉůŝĞƌŵĂǇŶŽƚĂƐƐŝŐŶŽƌŽƚŚĞƌǁŝƐĞƚƌĂŶƐĨĞƌŝƚƐ ƌŝŐŚƚƐŽƌŽďůŝŐĂƟŽŶƐƵŶĚĞƌƚŚŝƐŐƌĞĞŵĞŶƚǁŝƚŚŽƵƚƚŚĞƉƌŝŽƌǁƌŝƩĞŶĐŽŶƐĞŶƚŽĨ^ŽƵƌĐĞǁĞůů͘^ƵĐŚ consent will not be unreasonably withheld. Sourcewell reserves the right to unilaterally assign all or ƉŽƌƟŽŶƐŽĨƚŚŝƐŐƌĞĞŵĞŶƚǁŝƚŚŝŶŝƚƐƐŽůĞĚŝƐĐƌĞƟŽŶƚŽĂĚĚƌĞƐƐĐŽƌƉŽƌĂƚĞƌĞƐƚƌƵĐƚƵƌŝŶŐƐ͕ŵĞƌŐĞƌƐ͕ ĂĐƋƵŝƐŝƟŽŶƐ͕ŽƌŽƚŚĞƌĐŚĂŶŐĞƐƚŽƚŚĞResponsible Party and named in the Agreement. Any prohibited assignment is ŝŶǀĂůŝĚ͘hƉŽŶƌĞƋƵĞƐƚ ^ŽƵƌĐĞǁĞůůŵĂǇŵĂŬĞĂĚŵŝŶŝƐƚƌĂƟǀĞĐŚĂŶŐĞƐƚŽĂŐƌĞĞŵĞŶƚ ĚŽĐƵŵĞŶƚĂƟŽŶƐƵĐŚĂƐŶĂŵĞĐŚĂŶŐĞƐ͕ĂĚĚƌĞƐƐĐŚĂŶŐĞƐ͕ĂŶĚŽƚŚĞƌŶŽŶ-material updates as determined ǁŝƚŚŝŶŝƚƐƐŽůĞĚŝƐĐƌĞƟŽŶ͘ 13) ŵĞŶĚŵĞŶƚƐ͘ ŶǇŵĂƚĞƌŝĂůĐŚĂŶŐĞƚŽƚŚŝƐŐƌĞĞŵĞŶƚŵƵƐƚďĞĞǆĞĐƵƚĞĚŝŶǁƌŝƟŶŐƚŚƌŽƵŐŚĂŶ ĂŵĞŶĚŵĞŶƚĂŶĚǁŝůůŶŽƚďĞĞīĞĐƟǀĞƵŶƟůŝƚŚĂƐďĞĞŶĚƵůǇĞǆĞĐƵƚĞĚďǇƚŚĞƉĂƌƟĞƐ. 14) Waiver. Failure by Sourcewell to ĞŶĨŽƌĐĞany right under this Agreement will not be deemed a waiver ŽĨƐƵĐŚƌŝŐŚƚŝŶƚŚĞĞǀĞŶƚŽĨƚŚĞĐŽŶƟŶƵĂƟŽŶŽƌƌĞƉĞƟƟŽŶŽĨƚŚĞĐŝƌĐƵŵƐƚĂŶĐĞƐŐŝǀŝŶŐƌŝƐĞƚŽƐƵĐŚ right. 081524-EJW v052824 10 15) Complete Agreement. dŚŝƐŐƌĞĞŵĞŶƚƌĞƉƌĞƐĞŶƚƐƚŚĞĐŽŵƉůĞƚĞĂŐƌĞĞŵĞŶƚďĞƚǁĞĞŶƚŚĞƉĂƌƟĞƐ ĨŽƌ ƚŚĞƐĐŽƉĞĂƐĚĞĮŶĞĚŚĞƌĞŝŶ͘^ƵƉƉůŝĞƌĂŶĚ^ŽƵƌĐĞǁĞůůŵĂǇĞŶƚĞƌŝŶƚŽƐĞƉĂƌĂƚĞǁƌŝƩĞŶĂŐƌĞĞŵĞŶƚƐ ƌĞůĂƟŶŐƐƉĞĐŝĮĐĂůůǇƚŽƚƌĂŶƐĂĐƟŽŶƐŽƵƚƐŝĚĞŽĨƚŚĞƐĐŽƉĞŽĨƚŚŝƐŐƌĞĞŵĞŶƚ͘ 16) ZĞůĂƟŽŶƐŚŝƉŽĨ^ŽƵƌĐĞǁĞůůĂŶĚ^ƵƉƉůŝĞƌ͘ This Agreement does not create a partnership, joint ǀĞŶƚƵƌĞ͕ŽƌĂŶǇŽƚŚĞƌƌĞůĂƟŽŶƐŚŝƉƐƵĐŚĂƐĞŵƉůŽǇĞĞ͕ŝŶĚĞƉĞŶĚĞŶƚĐŽŶƚƌĂĐƚŽƌ͕ŵĂƐƚĞƌ-servant, or principal-agent. 17) /ŶĚĞŵŶŝĮĐĂƟŽŶ͘ ^ƵƉƉůŝĞƌŵƵƐƚŝŶĚĞŵŶŝĨǇ͕ĚĞĨĞŶĚ͕ƐĂǀĞ͕ĂŶĚŚŽůĚ^ŽƵƌĐĞǁĞůů͕ŝŶĐůƵĚŝŶŐƚŚĞŝƌĂŐĞŶƚƐ ĂŶĚĞŵƉůŽǇĞĞƐ͕ŚĂƌŵůĞƐƐĨƌŽŵĂŶǇĐůĂŝŵƐŽƌĐĂƵƐĞƐŽĨĂĐƟŽŶ͕ŝŶĐůƵĚŝŶŐĂƩŽƌŶĞǇƐ͛ĨĞĞƐŝŶĐƵƌƌĞĚďǇ ^ŽƵƌĐĞǁĞůů͕ĂƌŝƐŝŶŐŽƵƚŽĨĂŶǇĂĐƚŽƌŽŵŝƐƐŝŽŶŝŶƚŚĞƉĞƌĨŽƌŵĂŶĐĞŽĨƚŚŝƐ Agreement by the Supplier ŽƌŝƚƐĂŐĞŶƚƐŽƌĞŵƉůŽǇĞĞƐ͖ƚŚŝƐŝŶĚĞŵŶŝĮĐĂƟŽŶŝŶĐůƵĚĞƐŝŶũƵƌǇŽƌĚĞĂƚŚƚŽƉĞƌƐŽŶ;ƐͿŽƌƉƌŽƉĞƌƚǇ ĂůůĞŐĞĚƚŽŚĂǀĞďĞĞŶĐĂƵƐĞĚďǇƐŽŵĞĚĞĨĞĐƚŝŶĚĞƐŝŐŶ͕ĐŽŶĚŝƟŽŶ͕ŽƌƉĞƌĨŽƌŵĂŶĐĞŽĨ/ŶĐůƵĚĞĚ ^ŽůƵƟŽŶƐƵŶĚĞƌƚŚŝƐŐƌĞĞŵĞŶƚ͘^ŽƵƌĐĞǁĞůů͛ƐƌĞƐƉŽŶƐŝďŝůŝƚǇǁŝůůďĞŐŽǀĞƌŶĞĚďǇƚŚĞ^ƚĂƚĞŽĨ DŝŶŶĞƐŽƚĂ͛ƐdŽƌƚ>ŝĂďŝůŝƚǇĐƚ;DŝŶŶĞƐŽƚĂ^ƚĂƚƵƚĞƐŚĂƉƚĞƌϰϲϲͿĂŶĚŽƚŚĞƌĂƉƉůŝĐĂďůĞůĂǁ͘ 18) ĂƚĂWƌĂĐƟĐĞƐ͘ Supplier and Sourcewell acknowledge Sourcewell is subject to the Minnesota 'ŽǀĞƌŶŵĞŶƚĂƚĂWƌĂĐƟĐĞƐĐƚ͕DŝŶŶĞƐŽƚĂ^ƚĂƚƵƚĞƐŚĂƉƚĞƌϭϯ͘ƐŝƚĂƉƉůŝĞƐƚŽĂůůĚĂƚĂĐƌĞĂƚĞĚĂŶĚ ŵĂŝŶƚĂŝŶĞĚŝŶƉĞƌĨŽƌŵĂŶĐĞŽĨƚŚŝƐŐƌĞĞŵĞŶƚ͕^ƵƉƉůŝĞƌŵĂǇďĞƐƵďũĞĐƚƚŽƚŚĞƌĞƋƵŝƌĞŵĞŶƚƐŽĨƚŚŝƐ chapter. 19) 'ƌĂŶƚŽĨ>ŝĐĞŶƐĞ͘ a) ƵƌŝŶŐƚŚĞƚĞƌŵŽĨƚŚŝƐŐƌĞĞŵĞŶƚ͗ i) ^ƵƉƉůŝĞƌWƌŽŵŽƟŽŶ͘ Sourcewell grants to Supplier a royalty-ĨƌĞĞ͕ǁŽƌůĚǁŝĚĞ͕ŶŽŶ-exclusive ƌŝŐŚƚĂŶĚůŝĐĞŶƐĞƚŽƵƐĞƚŚĞƚƌĂĚĞŵĂƌŬ;ƐͿƉƌŽǀŝĚĞĚƚŽ^ƵƉƉůŝĞƌďǇ^ŽƵƌĐĞǁĞůůŝŶĂĚǀĞƌƟƐŝŶŐ͕ ƉƌŽŵŽƟŽŶĂůŵĂƚĞƌŝĂůƐ͕ĂŶĚŝŶĨŽƌŵĂƟŽŶĂůƐŝƚĞƐĨŽƌƚŚĞƉƵƌƉŽƐĞŽĨŵĂƌŬĞƟŶŐ^ŽƵƌĐĞǁĞůů͛Ɛ Agreement with Supplier. ii) ^ŽƵƌĐĞǁĞůůWƌŽŵŽƟŽŶ͘ Supplier grants to Sourcewell a royalty-ĨƌĞĞ͕ǁŽƌůĚǁŝĚĞ͕ŶŽŶ- ĞǆĐůƵƐŝǀĞƌŝŐŚƚĂŶĚůŝĐĞŶƐĞƚŽƵƐĞ^ƵƉƉůŝĞƌ͛ƐƚƌĂĚĞŵĂƌŬƐŝŶĂĚǀĞƌƟƐŝŶŐ͕ƉƌŽŵŽƟŽŶĂů ŵĂƚĞƌŝĂůƐ͕ĂŶĚŝŶĨŽƌŵĂƟŽŶĂůƐŝƚĞƐĨŽƌƚŚĞƉƵƌƉŽƐĞŽĨŵĂƌŬĞƟŶŐ^ƵƉƉůŝĞƌ͛ƐŐƌĞĞŵĞŶƚǁŝƚŚ Sourcewell. b) >ŝŵŝƚĞĚZŝŐŚƚŽĨ^ƵďůŝĐĞŶƐĞ͘ dŚĞƌŝŐŚƚĂŶĚůŝĐĞŶƐĞŐƌĂŶƚĞĚŚĞƌĞŝŶŝŶĐůƵĚĞƐĂůŝŵŝƚĞĚƌŝŐŚƚŽĨĞĂĐŚ ƉĂƌƚǇƚŽŐƌĂŶƚƐƵďůŝĐĞŶƐĞƐƚŽƚŚĞŝƌƌĞƐƉĞĐƟǀĞƐƵďƐŝĚŝĂƌŝĞƐ͕ĚŝƐƚƌŝďƵƚŽƌƐ͕ĚĞĂůĞƌƐ͕ƌĞƐĞůůĞƌƐ͕ ŵĂƌŬĞƟŶŐƌĞƉƌĞƐĞŶƚĂƟǀĞƐ͕ƉĂƌƚŶĞƌƐ͕ŽƌĂŐĞŶƚƐ;ĐŽůůĞĐƟǀĞůǇ͞WĞƌŵŝƩĞĚ^ƵďůŝĐĞŶƐĞĞƐ͟ͿŝŶ ĂĚǀĞƌƟƐŝŶŐ͕ƉƌŽŵŽƟŽŶĂů͕ŽƌŝŶĨŽƌŵĂƟŽŶĂůŵĂƚĞƌŝĂůƐĨŽƌƚŚĞƉƵƌƉŽƐĞŽĨŵĂƌŬĞƟŶŐƚŚĞWĂƌƟĞƐ͛ ƌĞůĂƟŽŶƐŚŝƉ͘ŶǇƐƵďůŝĐĞŶƐĞŐƌĂŶƚĞĚǁŝůůďĞƐƵďũĞĐƚƚŽƚŚĞƚĞƌŵƐĂŶĚĐŽŶĚŝƟŽŶƐŽĨƚŚŝƐƌƟĐůĞ͘ ĂĐŚƉĂƌƚǇǁŝůůďĞƌĞƐƉŽŶƐŝďůĞĨŽƌĂŶǇďƌĞĂĐŚŽĨƚŚŝƐƐĞĐƟŽŶ ďǇĂŶǇŽĨƚŚĞŝƌƌĞƐƉĞĐƟǀĞ sublicensees. c) hƐĞ͖YƵĂůŝƚǇŽŶƚƌŽů͘ i) EĞŝƚŚĞƌƉĂƌƚǇŵĂǇĂůƚĞƌƚŚĞŽƚŚĞƌƉĂƌƚǇ͛ƐƚƌĂĚĞŵĂƌŬƐĨƌŽŵƚŚĞĨŽƌŵƉƌŽǀŝĚĞĚĂŶĚŵƵƐƚ ĐŽŵƉůǇǁŝƚŚƌĞŵŽǀĂůƌĞƋƵĞƐƚƐĂƐƚŽƐƉĞĐŝĮĐƵƐĞƐŽĨŝƚƐƚƌĂĚĞŵĂƌŬƐŽƌůŽŐŽƐ. 081524-EJW v052824 11 ii) ĂĐŚƉĂƌƚǇĂŐƌĞĞƐƚŽƵƐĞ͕ĂŶĚƚŽĐĂƵƐĞŝƚƐWĞƌŵŝƩĞĚ^ƵďůŝĐĞŶƐĞĞƐƚŽƵƐĞ͕ƚŚĞŽƚŚĞƌƉĂƌƚǇ͛Ɛ ƚƌĂĚĞŵĂƌŬƐŽŶůǇŝŶŐŽŽĚĨĂŝƚŚĂŶĚŝŶĂĚŝŐŶŝĮĞĚŵĂŶŶĞƌĐŽŶƐŝƐƚĞŶƚǁŝƚŚƐƵĐŚƉĂƌƚǇ͛ƐƵƐĞŽĨ ƚŚĞƚƌĂĚĞŵĂƌŬƐ͘ĂĐŚƉĂƌƚǇŵĂǇŵĂŬĞǁƌŝƩĞŶŶŽƟĐĞƚŽƚŚĞŽƚŚĞƌƌĞŐĂƌĚŝŶg misuse under ƚŚŝƐƐĞĐƟŽŶ͘dŚĞŽīĞŶĚŝŶŐƉĂƌƚǇǁŝůůŚĂǀĞϯϬĚĂǇƐŽĨƚŚĞĚĂƚĞŽĨƚŚĞǁƌŝƩĞŶŶŽƟĐĞƚŽĐƵƌĞ ƚŚĞŝƐƐƵĞŽƌƚŚĞůŝĐĞŶƐĞͬƐƵďůŝĐĞŶƐĞǁŝůůďĞƚĞƌŵŝŶĂƚĞĚ͘ d) dĞƌŵŝŶĂƟŽŶ͘ hƉŽŶƚŚĞƚĞƌŵŝŶĂƟŽŶŽĨƚŚŝƐŐƌĞĞŵĞŶƚĨŽƌĂŶǇƌĞĂƐŽŶ͕ĞĂĐŚƉĂƌƚǇ͕ŝŶĐůƵĚŝŶŐ WĞƌŵŝƩĞĚ^ƵďůŝĐĞŶƐĞĞƐ͕ǁŝůůŚĂǀĞϯϬĚĂǇƐƚŽƌĞŵŽǀĞĂůůdƌĂĚĞŵĂƌŬƐĨƌŽŵƐŝŐŶĂŐĞ͕ǁĞďƐŝƚĞƐ͕ĂŶĚ ƚŚĞůŝŬĞďĞĂƌŝŶŐƚŚĞŽƚŚĞƌƉĂƌƚǇ͛ƐŶĂŵĞŽƌůŽŐŽ;ĞǆĐĞƉƟŶŐ^ŽƵƌĐĞǁĞůů͛ƐƉƌĞ-printed ĐĂƚĂůŽŐŽĨ ƐƵƉƉůŝĞƌƐǁŚŝĐŚŵĂǇďĞƵƐĞĚƵŶƟůƚŚĞŶĞǆƚƉƌŝŶƟŶŐͿ͘^ƵƉƉůŝĞƌŵƵƐƚƌĞƚƵƌŶĂůůŵĂƌŬĞƟŶŐĂŶĚ ƉƌŽŵŽƟŽŶĂůŵĂƚĞƌŝĂůƐ͕ŝŶĐůƵĚŝŶŐƐŝŐŶĂŐĞ͕ƉƌŽǀŝĚĞĚďǇ^ŽƵƌĐĞǁĞůů͕ŽƌĚŝƐƉŽƐĞŽĨŝƚĂĐĐŽƌĚŝŶŐƚŽ ^ŽƵƌĐĞǁĞůů͛ƐǁƌŝƩĞŶĚŝƌĞĐƟŽŶƐ͘ 20) sĞŶƵĞĂŶĚ'ŽǀĞƌŶŝŶŐůĂǁďĞƚǁĞĞŶ^ŽƵƌĐĞǁĞůůĂŶĚ^ƵƉƉůŝĞƌKŶůǇ͘ dŚĞƐƵďƐƚĂŶƟǀĞĂŶĚƉƌŽĐĞĚƵƌĂů ůĂǁƐŽĨƚŚĞ^ƚĂƚĞŽĨDŝŶŶĞƐŽƚĂǁŝůůŐŽǀĞƌŶƚŚŝƐŐƌĞĞŵĞŶƚďĞƚǁĞĞŶ^ŽƵƌĐĞǁĞůůĂŶĚ^ƵƉƉůŝĞƌ͘sĞŶƵĞ ĨŽƌĂůůůĞŐĂůƉƌŽĐĞĞĚŝŶŐƐĂƌŝƐŝŶŐŽƵƚŽĨƚŚŝƐŐƌĞĞŵĞŶƚďĞƚǁĞĞŶ^ŽƵƌĐĞǁĞůůĂŶĚ^ƵƉƉůŝĞƌǁŝůůďĞŝŶ ĐŽƵƌƚŽĨĐŽŵƉĞƚĞŶƚũƵƌŝƐĚŝĐƟŽŶǁŝƚŚŝŶƚŚĞ^ƚĂƚĞŽĨDŝŶŶĞƐŽƚĂ͘dŚŝƐƐĞĐƟŽŶĚŽĞƐŶŽƚĂƉƉůǇƚŽĂŶǇ ĚŝƐƉƵƚĞďĞƚǁĞĞŶ^ƵƉƉůŝĞƌĂŶĚWĂƌƟĐŝƉĂƟŶŐŶƟƚǇ͘dŚŝƐŐƌĞĞŵĞŶƚƌĞƐĞƌǀĞƐƚŚĞƌŝŐŚƚĨŽƌ^ƵƉƉůŝĞƌĂŶĚ WĂƌƟĐŝƉĂƟŶŐŶƟƚǇƚŽŶĞŐŽƟĂƚĞƚŚŝƐƚĞƌŵƚŽǁŝƚŚŝŶĂŶǇƚƌĂŶƐĂĐƟŽŶĚŽĐƵŵĞŶƚƐ. 21) ^ĞǀĞƌĂďŝůŝƚǇ͘ /ĨĂŶǇƉƌŽǀŝƐŝŽŶŽĨƚŚŝƐŐƌĞĞŵĞŶƚŝƐĨŽƵŶĚďǇĂĐŽƵƌƚŽĨĐŽŵƉĞƚĞŶƚũƵƌŝƐĚŝĐƟŽŶƚŽďĞ ŝůůĞŐĂů͕ƵŶĞŶĨŽƌĐĞĂďůĞ͕ŽƌǀŽŝĚƚŚĞŶďŽƚŚƉĂƌƟĞƐǁŝůůďĞƌĞůŝĞǀĞĚĨƌŽŵĂůůŽďůŝŐĂƟŽŶƐĂƌŝƐŝŶŐĨƌŽŵƚŚĂƚ ƉƌŽǀŝƐŝŽŶ͘/ĨƚŚĞƌĞŵĂŝŶĚĞƌŽĨƚŚŝƐŐƌĞĞŵĞŶƚŝƐĐĂƉĂďůĞŽĨďĞŝŶŐƉĞƌĨŽƌŵĞĚ͕ŝƚǁŝůůŶŽƚďĞĂīĞĐƚĞĚ ďǇƐƵĐŚĚĞƚĞƌŵŝŶĂƟŽŶŽƌĮŶĚŝŶŐĂŶĚŵƵƐƚďĞĨƵůůǇƉĞƌĨŽƌŵĞĚ͘ 22) /ŶƐƵƌĂŶĐĞŽǀĞƌĂŐĞ͘ At its own expense, Supplier must maintain valid insurance policy(ies) during ƚŚĞƉĞƌĨŽƌŵĂŶĐĞŽĨƚŚŝƐŐƌĞĞŵĞŶƚǁŝƚŚŝŶƐƵƌĂŶĐĞĐŽŵƉĂŶǇ;ŝĞƐͿůŝĐĞŶƐĞĚŽƌĂƵƚŚŽƌŝǌĞĚƚŽĚŽ ďƵƐŝŶĞƐƐŝŶƚŚĞ^ƚĂƚĞŽĨDŝŶŶĞƐŽƚĂŚĂǀŝŶŐĂŶ͞D^d͟ƌĂƟŶŐŽĨ- ŽƌďĞƩĞƌ͕ǁŝƚŚĐŽverage and ůŝŵŝƚƐŽĨŝŶƐƵƌĂŶĐĞŶŽƚůĞƐƐƚŚĂŶƚŚĞĨŽůůŽǁŝŶŐ͗ a) ŽŵŵĞƌĐŝĂů'ĞŶĞƌĂů>ŝĂďŝůŝƚǇ/ŶƐƵƌĂŶĐĞ͘ ^ƵƉƉůŝĞƌǁŝůůŵĂŝŶƚĂŝŶŝŶƐƵƌĂŶĐĞĐŽǀĞƌŝŶŐŝƚƐŽƉĞƌĂƟŽŶƐ͕ with coverage on an occurrence basis, and must be subject to terms no less broad than the /ŶƐƵƌĂŶĐĞ^ĞƌǀŝĐĞƐKĸĐĞ;͞/^K͟ͿŽŵŵĞƌĐŝĂů'ĞŶĞƌĂů>ŝĂďŝůŝƚǇ&Žƌŵ'ϬϬϬϭ;ϮϬϬϭŽƌŶĞǁĞƌ ĞĚŝƟŽŶͿ͕ŽƌĞƋƵŝǀĂůĞŶƚ͘ƚĂŵŝŶŝŵƵŵ͕ĐŽǀĞƌĂŐĞŵƵƐƚŝŶĐůƵĚĞůŝĂďŝůŝƚǇĂƌŝƐŝŶŐĨƌŽŵƉƌĞŵŝƐĞƐ͕ ŽƉĞƌĂƟŽŶƐ͕ďŽĚŝůǇŝŶũƵƌǇĂŶĚƉƌŽƉĞƌƚǇĚĂŵĂŐĞ͕ŝŶĚĞƉĞŶĚĞŶƚĐŽŶƚƌĂĐƚŽƌƐ͕ƉƌŽĚƵĐƚƐ-completed ŽƉĞƌĂƟŽŶƐŝŶĐůƵĚŝŶŐĐŽŶƐƚƌƵĐƟŽŶĚĞĨĞĐƚ͕ĐŽŶƚƌĂĐƚƵĂůůŝĂďŝůŝƚǇ͕ďůĂŶŬĞƚĐŽŶƚƌĂĐƚƵĂůůŝĂbility, and ƉĞƌƐŽŶĂůŝŶũƵƌǇĂŶĚĂĚǀĞƌƟƐŝŶŐŝŶũƵƌǇ͘ůůƌĞƋƵŝƌĞĚůŝŵŝƚƐ͕ƚĞƌŵƐĂŶĚĐŽŶĚŝƟŽŶƐŽĨĐŽǀĞƌĂŐĞŵƵƐƚ ďĞŵĂŝŶƚĂŝŶĞĚĚƵƌŝŶŐƚŚĞƚĞƌŵŽĨƚŚŝƐAgreement. x Ψϭ͕ϱϬϬ͕ϬϬϬĞĂĐŚŽĐĐƵƌƌĞŶĐĞŽĚŝůǇ/ŶũƵƌǇĂŶĚWƌŽƉĞƌƚǇĂŵĂŐĞ x Ψϭ͕ϱϬϬ͕ϬϬϬWĞƌƐŽŶĂůĂŶĚĚǀĞƌƟƐŝŶŐ/ŶũƵƌǇ x ΨϮ͕ϬϬϬ͕ϬϬϬĂŐŐƌĞŐĂƚĞĨŽƌƉƌŽĚƵĐƚƐůŝĂďŝůŝƚǇ-ĐŽŵƉůĞƚĞĚŽƉĞƌĂƟŽŶƐ x ΨϮ͕ϬϬϬ͕ϬϬϬŐĞŶĞƌĂůĂŐŐƌĞŐĂƚĞ b) ĞƌƟĮĐĂƚĞƐŽĨ/ŶƐƵƌĂŶĐĞ͘ WƌŝŽƌƚŽĞǆĞĐƵƟŽŶŽĨƚŚŝƐŐƌĞĞŵĞŶƚ͕^ƵƉƉůŝĞƌŵƵƐƚĨƵƌŶŝƐŚƚŽ ^ŽƵƌĐĞǁĞůůĂĐĞƌƟĮĐĂƚĞŽĨŝŶƐƵƌĂŶĐĞ͕ĂƐĞǀŝĚĞŶĐĞŽĨƚŚĞŝŶƐƵƌĂŶĐĞƌĞƋƵŝƌĞĚƵŶĚĞƌƚŚŝƐ ŐƌĞĞŵĞŶƚ͘WƌŝŽƌƚŽĞǆƉŝƌĂƟŽŶŽĨƚŚĞƉŽůŝĐǇ;ŝĞƐͿ͕ƌĞŶĞǁĂůĐĞƌƟĮĐĂƚĞƐŵƵƐƚďĞŵĂŝůĞĚƚŽ Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or provided to in an ĂůƚĞƌŶĂƟǀĞŵĂŶŶĞƌĂƐĚŝƌĞĐƚĞĚďǇ^ŽƵƌĐĞǁĞůů͘dŚĞĐĞƌƟĮĐĂƚĞƐŵƵƐƚďĞƐŝŐŶĞĚďǇĂƉĞƌƐŽŶ 081524-EJW v052824 12 ĂƵƚŚŽƌŝǌĞĚďǇƚŚĞŝŶƐƵƌĞƌ;ƐͿƚŽďŝŶĚĐŽǀĞƌĂŐĞŽŶƚŚĞŝƌďĞŚĂůĨ͘&ĂŝůƵƌĞŽĨ^ƵƉƉůŝĞƌƚŽŵĂŝŶƚĂŝŶƚŚĞ ƌĞƋƵŝƌĞĚŝŶƐƵƌĂŶĐĞĂŶĚĚŽĐƵŵĞŶƚĂƟŽŶŵĂǇĐŽŶƐƟƚƵƚĞĂŵĂƚĞƌŝĂůďƌĞĂĐŚ͘ c) ĚĚŝƟŽŶĂů/ŶƐƵƌĞĚŶĚŽƌƐĞŵĞŶƚĂŶĚWƌŝŵĂƌǇĂŶĚEŽŶ-ĐŽŶƚƌŝďƵƚŽƌǇ/ŶƐƵƌĂŶĐĞůĂƵƐĞ͘ Supplier ĂŐƌĞĞƐƚŽůŝƐƚ^ŽƵƌĐĞǁĞůů͕ŝŶĐůƵĚŝŶŐŝƚƐŽĸĐĞƌƐ͕ĂŐĞŶƚƐ͕ĂŶĚĞŵƉůŽǇĞĞƐ͕ĂƐĂŶĂĚĚŝƟŽŶĂůŝŶƐƵƌĞĚ ƵŶĚĞƌƚŚĞ^ƵƉƉůŝĞƌ͛ƐĐŽŵŵĞƌĐŝĂůŐĞŶĞƌĂůůŝĂďŝůŝƚǇŝŶƐƵƌĂŶĐĞƉŽůŝĐǇǁŝƚŚƌĞƐƉĞĐƚƚŽůŝĂďŝůŝƚǇĂƌŝƐŝŶŐ ŽƵƚŽĨĂĐƟǀŝƟĞƐ͕͞ŽƉĞƌĂƟŽŶƐ͕͟Žƌ͞ǁŽƌŬ͟ƉĞƌĨŽƌŵĞĚďǇŽƌŽŶďĞŚĂůĨŽĨ^ƵƉƉůŝĞƌ͕ĂŶĚƉƌŽĚƵĐƚƐ ĂŶĚĐŽŵƉůĞƚĞĚŽƉĞƌĂƟŽŶƐŽĨ^ƵƉƉůŝĞƌ͘dŚĞƉŽůŝĐǇƉƌŽǀŝƐŝŽŶ;ƐͿŽƌĞŶĚŽƌƐĞŵĞŶƚ;ƐͿŵƵƐƚĨƵƌƚŚĞƌ provide that coverage is primary and not excess over or contributory with any other valid, ĂƉƉůŝĐĂďůĞ͕ĂŶĚĐŽůůĞĐƟďůĞŝŶƐƵƌĂŶĐĞŽƌƐĞůĨ-ŝŶƐƵƌĂŶĐĞŝŶĨŽƌĐĞĨŽƌƚŚĞĂĚĚŝƟŽŶĂůŝŶƐƵƌĞĚƐ͘ d) tĂŝǀĞƌŽĨ^ƵďƌŽŐĂƟŽŶ͘ ^ƵƉƉůŝĞƌǁĂŝǀĞƐĂŶĚŵƵƐƚƌĞƋƵŝƌĞ;ďǇĞŶĚŽƌƐĞŵĞŶƚŽƌŽƚŚĞƌǁŝƐĞͿĂůůŝƚƐ ŝŶƐƵƌĞƌƐƚŽǁĂŝǀĞƐƵďƌŽŐĂƟŽŶƌŝŐŚƚƐĂŐĂŝŶƐƚ^ŽƵƌĐĞǁĞůůĂŶĚŽƚŚĞƌĂĚĚŝƟŽŶĂůŝŶƐƵƌĞĚƐĨŽƌůŽƐƐĞƐ ƉĂŝĚƵŶĚĞƌƚŚĞŝŶƐƵƌĂŶĐĞƉŽůŝĐŝĞƐƌĞƋƵŝƌĞĚďǇƚŚŝƐŐƌĞĞŵĞŶƚŽƌŽƚŚĞƌŝŶƐƵƌĂŶĐĞĂƉƉůŝĐĂble to ƚŚĞ^ƵƉƉůŝĞƌŽƌŝƚƐƐƵďĐŽŶƚƌĂĐƚŽƌƐ͘dŚĞǁĂŝǀĞƌŵƵƐƚĂƉƉůǇƚŽĂůůĚĞĚƵĐƟďůĞƐĂŶĚͬŽƌƐĞůĨ-insured ƌĞƚĞŶƟŽŶƐĂƉƉůŝĐĂďůĞƚŽƚŚĞƌĞƋƵŝƌĞĚŽƌĂŶǇŽƚŚĞƌŝŶƐƵƌĂŶĐĞŵĂŝŶƚĂŝŶĞĚďǇƚŚĞ^ƵƉƉůŝĞƌŽƌŝƚƐ ƐƵďĐŽŶƚƌĂĐƚŽƌƐ͘tŚĞƌĞƉĞƌŵŝƩĞĚďǇůĂǁ͕^ƵƉƉůŝĞƌŵƵƐƚƌĞƋƵŝƌĞƐŝŵŝůĂƌǁƌŝƩĞŶĞǆƉƌĞƐƐǁĂŝǀĞƌƐ ŽĨƐƵďƌŽŐĂƟŽŶĂŶĚŝŶƐƵƌĂŶĐĞĐůĂƵƐĞƐĨƌŽŵĞĂĐŚŽĨŝƚƐƐƵďĐŽŶƚƌĂĐƚŽƌƐ͘ e) hŵďƌĞůůĂͬǆĐĞƐƐ>ŝĂďŝůŝƚǇͬ^>&-INSURED RETENTION. dŚĞůŝŵŝƚƐƌĞƋƵŝƌĞĚďǇƚŚŝƐAgreement can ďĞŵĞƚďǇĞŝƚŚĞƌƉƌŽǀŝĚŝŶŐĂƉƌŝŵĂƌǇƉŽůŝĐǇŽƌŝŶĐŽŵďŝŶĂƟŽŶǁŝƚŚƵŵďƌĞůůĂͬĞǆĐĞƐƐůŝĂďŝůŝƚǇ ƉŽůŝĐǇ;ŝĞƐͿ͕ŽƌƐĞůĨ-ŝŶƐƵƌĞĚƌĞƚĞŶƟŽŶ͘ 23) dĞƌŵŝŶĂƟŽŶĨŽƌŽŶǀĞŶŝĞŶĐĞ͘ Sourcewell or Supplier may terminate this Agreement upon 60 ĐĂůĞŶĚĂƌĚĂǇƐΖǁƌŝƩĞŶŶŽƟĐĞƚŽƚŚĞŽƚŚĞƌWĂƌƚǇ͘dĞƌŵŝŶĂƟŽŶƉƵƌƐƵĂŶƚƚŽƚŚŝƐƐĞĐƟŽŶǁŝůůŶŽƚƌĞůŝĞǀĞ ƚŚĞ^ƵƉƉůŝĞƌ͛ƐŽďůŝŐĂƟŽŶƐƵŶĚĞƌƚŚŝƐŐƌĞĞŵĞŶƚĨŽƌany ƚƌĂŶƐĂĐƟŽŶƐĞŶƚĞƌĞĚǁŝƚŚWĂƌƟĐŝƉĂƟŶŐ ŶƟƟĞƐƚŚƌŽƵŐŚƚŚĞĚĂƚĞŽĨƚĞƌŵŝŶĂƟŽŶ͕ŝŶĐůƵĚŝŶŐƌĞƉŽƌƟŶŐĂŶĚƉĂǇŵĞŶƚŽĨĂƉƉůŝĐĂďůĞ ĚŵŝŶŝƐƚƌĂƟǀĞ&ĞĞƐ͘ 24) dĞƌŵŝŶĂƟŽŶĨŽƌĂƵƐĞ͘ ^ŽƵƌĐĞǁĞůůŵĂǇƚĞƌŵŝŶĂƚĞƚŚŝƐŐƌĞĞŵĞŶƚƵƉŽŶƉƌŽǀŝĚŝŶŐǁƌŝƩĞŶŶŽƟĐĞŽĨ ŵĂƚĞƌŝĂůďƌĞĂĐŚƚŽ^ƵƉƉůŝĞƌ͘EŽƟĐĞŵƵƐƚĚĞƐĐƌŝďĞƚŚĞďƌĞĂĐŚŝŶƌĞĂƐŽŶĂďůĞĚĞƚĂŝůĂŶĚƐƚĂƚĞƚŚĞ ŝŶƚĞŶƚƚŽƚĞƌŵŝŶĂƚĞƚŚĞŐƌĞĞŵĞŶƚ͘hƉŽŶƌĞĐĞŝƉƚŽĨEŽƟĐĞ͕ƚŚĞ^ƵƉƉůŝĞƌǁŝůůŚĂǀĞϯϬĐalendar days ŝŶǁŚŝĐŚŝƚŵƵƐƚĐƵƌĞƚŚĞďƌĞĂĐŚ͘dĞƌŵŝŶĂƟŽŶƉƵƌƐƵĂŶƚƚŽƚŚŝƐƐĞĐƟŽŶǁŝůůŶŽƚƌĞůŝĞǀĞƚŚĞ^ƵƉƉůŝĞƌ͛Ɛ ŽďůŝŐĂƟŽŶƐƵŶĚĞƌƚŚŝƐŐƌĞĞŵĞŶƚĨŽƌany ƚƌĂŶƐĂĐƟŽŶƐĞŶƚĞƌĞĚǁŝƚŚWĂƌƟĐŝƉĂƟŶŐŶƟƟĞƐƚŚƌŽƵŐŚƚŚĞ ĚĂƚĞŽĨƚĞƌŵŝŶĂƟŽŶ͕ŝŶĐůƵĚŝŶŐƌĞƉŽƌƟŶŐĂŶĚƉĂǇŵĞŶƚŽĨĂƉƉůŝĐĂďůĞĚŵŝŶŝƐƚƌĂƟǀĞ&ĞĞƐ͘ ƌƟĐůĞϯ͗ ^ƵƉƉůŝĞƌKďůŝŐĂƟŽŶƐƚŽWĂƌƟĐŝƉĂƟŶŐŶƟƟĞƐ The Terms in this ƌƟĐůĞϯƌĞůĂƚĞƐƉĞĐŝĮĐĂůůǇƚŽ^ƵƉƉůŝĞƌĂŶĚĂWĂƌƟĐŝƉĂƟŶŐŶƟƚǇǁŚĞŶĞŶƚĞƌŝŶŐ ƚƌĂŶƐĂĐƟŽŶƐƵƟůŝǌŝŶŐƚŚĞ'ĞŶĞƌĂůdĞƌŵƐĞƐƚĂďůŝƐŚĞĚŝŶƚŚŝƐDĂƐƚĞƌŐƌĞĞŵĞŶƚ͘ƌƟĐůĞϭ'ĞŶĞƌĂůdĞƌŵƐ ĐŽŶƚƌŽůŽǀĞƌĂŶǇĐŽŶŇŝĐƚǁŝƚŚƚŚŝƐƌƟĐůĞ 3. 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Ward 7KH3URSRVHUGHFODUHVWKDWWKHUHLVDQDFWXDORUSRWHQWLDO&RQIOLFWRI,QWHUHVWUHODWLQJWRWKHSUHSDUDWLRQRILWVVXEPLVVLRQDQGRUWKH 3URSRVHUIRUHVHHVDQDFWXDORUSRWHQWLDO&RQIOLFWRI,QWHUHVWLQSHUIRUPLQJWKHREOLJDWLRQVFRQWHPSODWHGLQWKHVROLFLWDWLRQSURSRVDO <HV1R 7KH%LGGHUDFNQRZOHGJHVDQGDJUHHVWKDWWKHDGGHQGXPDGGHQGDEHORZIRUPSDUWRIWKH%LG'RFXPHQW &KHFNWKHER[LQWKHFROXPQ,KDYHUHYLHZHGWKLVDGGHQGXPEHORZWRDFNQRZOHGJHHDFKRIWKHDGGHQGD )LOH1DPH ,KDYHUHYLHZHGWKH EHORZDGGHQGXPDQGDWWDFKPHQWVLIDSSOLFDEOH 3DJHV $GGHQGXP)XHO)OXLG6WRUDJH5)3 7KX$XJXVW$0 Bid Number: RFP 081524 Vendor Name: E.J. Ward EJ Ward #081524-EJW Pricing for contract #081524-EJW offers Sourcewell participating agencies: • 20% off MSRP list price Rev. 7/2022 1 CONTRACT EXTENSION Contract Number: Sourcewell and 202 12th Street Northeast P.O. Box 219 Staples, MN 56479 (Sourcewell) (Vendor) have entered into Contract Number: 110719- for the procurement of: The Contract has an expiration date of Decemb r, but the parties may extend the Contract by mutual consent. Sourcewell and Vendor acknowledge that extending the Contract benefits the Vendor, Sourcewell and Sourcewell’s Members. Vendor and Sourcewell agree to extend the Contract listed above for an additional period, with a new Contract expiration date of Dece mber , . All other terms and conditions of the Contract remain in full force and effect. Sourcewell ________________________________ Authorized Signature ________________________________ Name ________________________________ Title ________________________________ Date ________________________________ Authorized Signature ________________________________ Name ________________________________ Title ________________________________ Date DocuSign Envelope ID: 1C33F3C4-F574-420A-9D92-74EC5231C998 2025-12-07 2024-12-07 092920-EJW 6/12/2024 | 8:32 PM CDT 78217-6114 E.J. Ward 8801 Tradeway St 092920-EJW Jeremy Schwartz Chief Operating and Procurement Officer Aboveground Fuel and Fluid Storage with Related Hardware, Software, and Services San Antonio, Texas 6/13/2024 | 2:14 PM CDT Vice President, Sales and Marketing Mike Wade Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9821-25 2nd Rdg Agenda Date: 9/4/2025 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: City Attorney Agenda Number: 7.1 SUBJECT/RECOMMENDATION: Adopt Ordinance 9821-25 on second reading to vacate the westerly 5' foot utility easement as platted by request of landowners Sandra & Joseph Capper located at 1086 Eldorado Ave, Clearwater, FL 33767 as further defined a portion of Lot 10, Block 70, along with a portion of the South ½ of Lot 11, Block 70, Mandalay, a subdivision according to the Plat thereof recorded in Plat Book 14, Page 32, Pubic Records of Pinellas County, Florida. SUMMARY: Said platted utility easement now encumbers the parcel without purpose. There are no Public or Private utilities within this easement. City staff have reviewed and approved this request. STRATEGIC PRIORITY: Embrace a culture of innovation that drives continuous improvement and successfully serves all our customers. Page 1 City of Clearwater Printed on 9/2/2025 ORDINANCE NO. 9821-25 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING A PLATTED UTILITY EASEMENT PORTION THEREIN LOT 10, BLOCK 70, ALONG WITH A PORTION OF THE SOUTH 1/2 OF LOT 11, BLOCK 70, MANDALAY, A SUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 14, PAGES 32, AS RECORDED IN THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, PROVIDING AN EFFECTIVE DATE. WHEREAS, Joseph Capper and Sandra Capper are the owners in fee simple title of real property located at 1086 Eldorado Ave, Clearwater, FL 33767, to which have requested the City to vacate said encumbering platted utility easement portion located therein; and WHEREAS, the City Council of the City of Clearwater, Florida finds this specific platted easement portion unnecessary for municipal use. Therefore, it is deemed to be in the best interest of the City and the general public that the defined easement portion be vacated; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following: This easement portion is further described as follows: See Exhibits "A" & “B” Is hereby vacated, closed, and released, and the City of Clearwater releases all rights, title, and interest thereto. Section 2. The City Clerk shall record this ordinance in the Public Records of Pinellas County, Florida, following adoption. Section 3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL __________________________________ READING AND ADOPTED 1 Ordinance No. 9821-25 (Signature Page Follows) Bruce Rector Mayor Approved as to form: ______________________ Jerrod Simpson Senior Assistant City Attorney Attest: ___________________________________ Rosemarie Call City Clerk 2 THIS IS NQI A SURVEY. lHERE MAY BE ADDITIONAL RESTRICTIONS AFFECTING lHIS PROPERTY lHAT MAY BE FOUND IN lHE PUBLIC RECORDS OF lHIS COUNlY. N SEC. 05, TWP. 29 S., RNG. 15 E. \ \ NW CORNER SOUTH 1/2 LOT 11,BLOCK 70 \ \ \ .--�� 0 .-- co. co co o·NORTH 1/2 LOT 11 BLOCK 70 ---20' 20' N81 °46'53"E 5.00' - - -- SCALE: 1• = ---Of ii-IE soUil-l 1/2'-NORil-lERLY LINE co co � ---- SOUTH 1/2 LOT 11 BLOCK 70 ----- LOT 10 BLOCK 70 - -- -- PINEll.AS COUNlY, FLORIDA LEGEND (L) LB No. OR (P) (P1) PB PG POB POC PSM R/W RNG. SEC. TWP. LEGAL DESCRIPTION LICENSED BUSINESS NUMBER OFACIAL RECORD BOOK PLAT BOOK XX, PAGE XX PLAT BOOK XXX, PAGE XX PLAT BOOK PAGE/PAGES POINT OF BEGINNING POINT OF COMMENCEMENT PROFESSIONAL SURVEYOR & MAPPER RIGI-IT-OF-WAY RANGE SECTION TOWNSHIP --- � ffi vi w 3-LINE OF LOi 10 soUil-l'ERL'< NOTES; SW CORNER LOT 10, BLOCK 70 sa2°21 '25"w 5.00' LOT 9 BLOCK 70 POC SE CORNER LOT 10, BLOCK 70 \ \ \ C: -z. f1"\ 1. BEARINGS FOR THIS SKETCH OF DESCRIPTION ARE ASSUMED AND ROTATED TO THE E'ASTERLY BOUNDARY LINE OF LOT 10, BLOCK 70, MANDALAY, A SUBDMSION ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 14, PAGE 32, IN THE PUBIC RECORDS OF PINEUAS COUNTY, FLORIDA, Al.SO BEING THE WESTERLY RIGI-IT-OF-WAY LINE OF ELDORADO AVENUE. SAID ASSUMED BEARING IS SOS-48'309[. 2. ADDffiONS OR DELETIONS TO SURVEY MAPS OR REPORTS BY OTHER THAN THE SIGNING PAR1Y OR PARTIES IS PROHIBrm>. 3. THIS SKETCH OF DESCRIPTION IS BASED ON U.S. SURVEY FEET. 4. "THIS SKEJCH OF DESCRIPTION W� PREPARED WITHOlIT "THE BENEFIT OF AN ,BSlRACT OF 1TT1..E AND MAY BE SUBJECT TO EASEMENTS, RESTRICTIONS, RIGKTS-OF-WAY AND OTHER MATTERS OF RECORD. THE GEOMETRY � DESCRIBED ON THE RECORDED DOCUMENlS � NOTED HEREIN AND IS SUBJECT TO AN ACCURATE FIELD BOUNDARY SURVEY. I, FREDERJCI< S. BACHMANN, THE SURVEYOR IN RESPONSIBLE CHARGE, CERTIFY lHAT lHE SKETCH REPRESENTED HEREON, WAS MADE UNDER MY SUPERVISION AND MEETS 11iE Sf� Of PRHmCE SEf roRn\ B'f 'l'HE NlRIDI. BC».RO OF I.Nm SURVEYORS AND MAPPERS, PURSUANT TO SECTION 472.027 OF lHE FlDRIM STATUT£5 AS PRESCRIBED IN CHAPTER 5.J-17.052(6) DEPARTMENT Of' AGRICULTURE AND CONSUMER SERVICES. THIS DOCUMENT IS NOT VAi.JD Wl1HOUT lHE ORIGINAL SIGNATURE AND S£AL OF A FlDRIM LICENSED SURVEYOR AND MAPPER EXCEPT THOSE WITH El.£CTRONIC SIGNATURE AND EI.ECTRONIC SE'AI.. 565 SOUTH HERCULES AVENUE CLEARWATER, FL 33764 PHONE 727 .822.4 1 51 WWW.TRANSYSTEMS.COM l.lCENSED BUSINESS NUMBER B 103 THIS DOCUMENT IS NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OR THE DIGITAL SIGNATURE OF "THE FLORIDA LICENSED SURVEYOR AND MAPPER SHOWN HEREON. UTIIJTY EASEMENT 1086 ELDORADO A VENUE CLEARWATER, FL PRo.£CT NO. 14225700 DATE: 12/2/2024 DRAWN: YV SCALE: 1 • = 20 PINEUAS COUNTY FLORIDA SHEET NO. 2 OF 2 Exhibit "A" Exhibit "B" ! ! ! ! ! ! 1088 1091 1076 1078 1086 ELDORADO AVEDocument Path: C:\Users\kevin.flynn\City of Clearwater\Engineering Geographic Technology - Documents\GIS\Engineering\Location Maps\1086 Eldorado Easement VAC\1086 Eldorado Easement VAC.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 2024 Utility Easement Vacation 1086 Eldorado Ave ² N.T.S.Scale:KFMap Gen By:TKReviewed By:7/30/2025Date: AERIAL MAP EASMENT VACATION Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9834-25 2nd Rdg Agenda Date: 9/4/2025 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: City Attorney Agenda Number: 7.2 SUBJECT/RECOMMENDATION: Adopt Ordinance 9834-25 on second reading, annexing certain real property whose post office address is 2201 Main Street, Dunedin, Florida into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Page 1 City of Clearwater Printed on 9/2/2025 Ordinance No. 9834-25 ORDINANCE NO. 9834-25 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE SOUTHEAST CORNER OF MAIN STREET AND BELCHER ROAD, WHOSE POST OFFICE ADDRESS IS 2201 MAIN STREET, DUNEDIN, FLORIDA 34698 INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit “B” has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: See attached Exhibit “A” for legal description. (ANX2025-05006) The map attached as Exhibit “B” is hereby incorporated by reference. Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Community Development Coordinator are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. Ordinance No. 9834-25 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Bruce Rector Mayor Approved as to form: Matthew J. Mytych, Esq Senior Assistant City Attorney Attest: Rosemarie Call, MPA, MMC City Clerk PROPOSED FUTURE LAND USE MAP Owner(s): Largo Medical Center Case: ANX2025-05006 Site: 2201 Main Street Property Size(Acres): .70 Acres Land Use Zoning PIN: 30-28-16-00000-320-0200 From: undesignated (Pinellas County) undesignated (Pinellas County) To: Insitutional (I) Insitutional (I) Atlas Page: 221A LOCATION MAP Owner(s): Largo Medical Center Case: ANX2025-05006 Site: 2201 Main Street Property Size(Acres): .70 Acres Land Use Zoning PIN: 30-28-16-00000-320-0200 From: undesignated (Pinellas County) undesignated (Pinellas County) Atlas Page: 221A To: Insitutional (I) Insitutional (I) AERIAL PHOTOGRAPH Owner(s): Largo Medical Center Case: ANX2025-05006 Site: 2201 Main Street Property Size(Acres): .70 Acres Land Use Zoning PIN: 30-28-16-00000-320-0200 From: undesignated (Pinellas County) undesignated (Pinellas County) Atlas Page: 221A To: Insitutional (I) Insitutional (I) EXISTING SURROUNDING USES MAP Owner(s): Largo Medical Center Case: ANX2025-05006 Site: 2201 Main Street Property Size(Acres): .70 Acres Land Use Zoning PIN: 30-28-16-00000-320-0200 From: undesignated (Pinellas County) undesignated (Pinellas County) Atlas Page: 221A To: Insitutional (I) Insitutional (I) ANX2025-05006 Largo Medical Center, Inc. Agent: Katie Cole 2201 Main Street Facing south at the subject property, 2201 Main Street Facing west of the subject property along Main/Belcher Facing north of the subject property along Main Street Facing east of the subject property along Belcher Facing west along Belcher Facing west along Main Street Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9835-25 2nd Rdg Agenda Date: 9/4/2025 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: City Attorney Agenda Number: 7.3 SUBJECT/RECOMMENDATION: Adopt Ordinance 9835-25 on second reading, to change future the land use designation for certain real property located on the southeast corner of Main Street and Belcher Road, whose post office address is 2201 Main Street, Dunedin, Florida from undesignated (Pinellas County) to Institutional (I). Page 1 City of Clearwater Printed on 9/2/2025 Ordinance No. 9835-25 ORDINANCE NO. 9835-25 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE SOUTHEAST CORNER OF MAIN STREET AND BELCHER ROAD, WHOSE POST OFFICE ADDRESS IS 2201 MAIN STREET, DUNEDIN, FLORIDA 34698 FROM UNDESIGNATED (PINELLAS COUNTY), TO INSTITUTIONAL (I) UPON ANNEXATION INTO THE CITY OF CLEARWATER; PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the Future Land Use Element of the Comprehensive Plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City’s Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The Future Land Use Element of the Comprehensive Plan of the City of Clearwater is changed by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Land Use Category “See attached Exhibit “A” for Legal Description” From: undesignated (Pinellas County) (LUP2025-05001) To: Institutional (I) The map attached as Exhibit “B” is hereby incorporated by reference. Section 2. The City Council does hereby certify that this ordinance is consistent with the City’s Comprehensive Plan. Section 3. This ordinance shall take effect contingent upon and subject to the adoption of Ordinance No. 9834-25 (annexation ordinance), approval of the land use designation by the Pinellas County Board of Commissioners, where applicable, and thirty-one (31) days post-adoption. If this ordinance is appealed within thirty (30) days after adoption, then this ordinance will take effect only after approval of the land use designation by the Pinellas County Board of Commissioners and upon issuance of a final order determining this amendment to be in compliance either by the Department of Commerce or the Administration Commission, where applicable, pursuant to section 163.3187, Florida Statutes. The Community Development Coordinator is authorized to transmit to Forward Pinellas, in its role as the Pinellas Planning Council, an application to amend the Countywide Plan in order to achieve consistency with the Future Land Use Element of the City’s Comprehensive Plan as amended by this ordinance. Ordinance No. 9835-25 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Bruce Rector Mayor Approved as to form: Matthew J. Mytych, Esq Senior Assistant City Attorney Attest: Rosemarie Call, MPA, MMC City Clerk PROPOSED FUTURE LAND USE MAP Owner(s): Largo Medical Center Case: LUP2025-05001 Site: 2201 Main Street Property Size(Acres): .70 Acres Land Use Zoning PIN: 30-28-16-00000-320-0200 From: undesignated (Pinellas County) undesignated (Pinellas County) To: Insitutional (I) Insitutional (I) Atlas Page: 221A BACKGROUND & PROPOSAL This Future Land Use Map Amendment involves one parcel of land totaling 0.70-acres located on the southeast corner of Main Street and Belcher Road. The property is currently undesignated in Pinellas County and the applicant, Largo Medical Center Inc., is requesting to amend the future land use to Institutional (I). A Zoning Atlas Amendment application (see REZ2025-05001) is being processed concurrently with this case upon annexation. In previous years, this parcel was occupied by an auto and truck dealership. The Largo Medical Center will install a parking area for a new medical emergency facility at the corner of Main Street and Belcher Road. This parcel has already been contracted out of the City of Dunedin planning area, temporarily returning to unincorporated Pinellas County, and now is proposed to be annexed into the City of Clearwater to create uniformity between jurisdiction, future land use and zoning. It has been determined that the City of Clearwater is able to provide services to the site. The prior Retail & Services (R&S) category in Dunedin has a maximum density of 24.0 dwelling units per acre and a maximum floor area ratio (FAR) of 0.55. The proposed Institutional (I) category has a maximum density of 12.5 dwelling units per acre and a maximum floor area ratio (FAR) of 0.65. The proposed amendment would allow the property to have a consistent future land use category of Institutional (I) with the remaining block and surrounding area and allow for the development of the property with uses consistent in the area. PLANNING & DEVELOPMENT DEPARTMENT COMMUNITY DEVELOPMENT BOARD STAFF REPORT MEETING DATE: July 15, 2025 AGENDA ITEM: ID#25-0604 CASE: LUP2025-05001 REQUEST: Amendment to the city’s Future Land Use Map for the property located at 2201 Main Street, Dunedin, from undesignated (Pinellas County) to the Institutional (I) category. GENERAL DATA: Agent(s)........................... Owner(s).......................... Katherine E. Cole, Esq. Largo Medical Center Inc. Location .......................... 2201 Main Street, located on the southeast corner of Main Street and Belcher Road Property Size ................... 0.70 – acres Community Development Board – July 15, 2025 Revised for City Council Meeting – September 4, 2025 LUP2025-05001- Page 2 of 13 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION The requested amendment to the Institutional (I) is consistent with the surrounding parcels and would allow for future development that is compatible with its surrounding uses and is appropriate to be located along Main Street/SR 580. An amendment to the Countywide Plan Map will also be required to bring consistency between the City’s Future Land Use Map and the Countywide Plan Map. The applicant understands all necessary approval and permits must be obtained before the completion of development on the subject site. VICINITY CHARACTERISTICS Maps 1 and 2 show the general location of the property and an aerial view of the amendment area and its surroundings. Map 1 Community Development Board – July 15, 2025 Revised for City Council Meeting – September 4, 2025 LUP2025-05001- Page 3 of 13 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Map 2 Community Development Board – July 15, 2025 Revised for City Council Meeting – September 4, 2025 LUP2025-05001- Page 4 of 13 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Map 3 shows the existing surrounding uses which are a mix of residential, commercial and institutional uses as is typical along this corridor. The properties to the north across Main Street consist of retail sales and services. These uses include a convenience or strip center, and other medical service clinics. Furthermore, properties across Main Street consist of commercial uses. West, across Belcher Road, are a mix of commercial, office space and detached dwellings units. Directly to the south of the subject parcel and containing the area behind and directly east of the subject parcel, are properties owned by the St. Michael the Archangel Catholic Church. Map 3 Community Development Board – July 15, 2025 Revised for City Council Meeting – September 4, 2025 LUP2025-05001- Page 5 of 13 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION As shown on Map 4, the future land use category just south of the amendment is the Residential Urban (RU) category. Parcels to the north across Main Steet/SR 580 are in unincorporated Pinellas County and designated Commercial General (CG). To the west across Belcher Road, parcels are within the Dunedin planning area and are designated Retail Services (R+S) and Office (O). As previously stated, this parcel will be utilized as a parking lot for the new medical center. Upon annexation the subject parcel will be combined with 2209 SR 580, thus continuing the Institutional (I) use along the entirety of the medical center and the church. Map 4 Community Development Board – July 15, 2025 Revised for City Council Meeting – September 4, 2025 LUP2025-05001- Page 6 of 13 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION A comparison between the uses, densities, and intensities allowed by the existing and proposed Future Land Use Map (FLUM) designations appears in Table 1, along with the consistent zoning districts. Table 1. Uses, Densities and Intensities Allowed by Existing and Proposed Future Land Use Map Designations Prior FLUM Designation Retail & Services (R&S)(Dunedin) Proposed FLUM Designation Institutional (I) Primary Uses: Primary- Retail Commercial; Office; Personal Service; Commercial/ Business Service; Transient Accommodation; Restaurant; Financial Institution Secondary- Residential; Residential Equivalent; Institutional. Public/Private Schools; Churches; Public Offices; Hospitals; Residential Equivalent Maximum Density: 24.0 Dwelling Units per Acre 12.5 Dwelling Units per Acre Maximum Intensity: FAR 0.55; ISR 0.90 FAR 0.65; ISR 0.85 Consistent Zoning Districts: General Business (GB)(Dunedin) Institutional (I) REVIEW CRITERIA Consistency with the Clearwater Comprehensive Plan [Sections 4-603.F.1 and 4-603.F.2] Recommended Findings of Fact: Applicable goals, objectives and policies of Clearwater 2045, the Clearwater Comprehensive Plan, that support the proposed amendment include: Objective QP 5.1 Use Table QP 1. Future Land Use Categories and Map QP 3. Future Land Use to guide development in the city consistent with the Countywide Plan Map and implemented through the CDC. Policy QP 5.1.1 Recognize the consistency between the countywide future land use categories, the city’s future land use categories, and the city’s zoning district as shown in Table QP 1. Future Land Use Categories. Objective QP 5.2 Continue to review and evaluate amendments to the Future Land Use Map to ensure proposed uses and density or intensity are compatible with surrounding areas and consistent with the Countywide Rules. Policy QP 5.2.5 Direct amendments of higher density and intensity future land use categories to Multimodal Corridors or Future Transit Corridors as delineated by the Land Use Strategy Map in the Countywide Rules. Policy QP 5.2.6 Evaluate proposed amendments to ensure there are appropriate density and intensity transitions within neighborhoods. Community Development Board – July 15, 2025 Revised for City Council Meeting – September 4, 2025 LUP2025-05001- Page 7 of 13 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Policy QP 5.2.7 Ensure proposed amendments will not create uses, densities, or intensities that are incompatible with the surrounding neighborhood or any applicable special area or redevelopment plans. Policy QP 5.2.8 Continue to evaluate that sufficient public facilities are available to support proposed increases to density or intensity and require mitigation strategies if sufficient public facilities will not be available. Objective SS 1.1 Continue to maintain an adequate level of service (LOS) for existing and future populations. Goal PI 9 Coordinate the delivery of urban services and annexation of property in the Clearwater Planning Area to provide for coordination of land use and utility service demands and encourage an orderly pattern of urban growth and services. Recommended Conclusions of Law: The request is consistent with the goals, objectives, and policies of Clearwater 2045, the Clearwater Comprehensive Plan. The proposed Institutional (I) future land use category is compatible with the Institutional (I) future land use category that exists abutting to the east, encompassing the property owned and used by the St. Michaels the Archangel Catholic Church. The Institutional (I) category permits a higher density and FAR than the city’s Residential Urban (RU) to the south, which is appropriate at this major intersection while still compatible with those residential uses. Any future trips generated would be reviewed at the time of the site plan review in accordance with the Mobility Management System. In addition, the proposal does not degrade the level of service for public facilities below the adopted standards (a detailed public facilities analysis follows in this report). Consistency with the Countywide Rules Recommended Findings of Fact: The underlying Countywide Plan Map category on the proposed amendment area is Retail & Services (R&S). Section 2.3.3.11 of the Countywide Rules states that the current Retail & Services (R&S) category is intended to depict areas developed with, or appropriate to be developed with, a mix of businesses that provide for the shopping and personal service needs of the community or region, provide for employment opportunities and accommodate target employment uses, and may include residential uses as part of the mix of uses. The proposed City of Clearwater future land use designation of Institutional (I) will still necessitate a Countywide Plan Map amendment from Retail and Sales (R&S) category to the Public/ Semi Public (P/SP) category, in order to maintain consistency between the City’s Future Land Use Map and the Countywide Plan Map. The Public/Semi-Public (P/SP) category is intended to recognize institutional and transportation/utility uses that serve the community or region, especially larger facilities having acreage exceeding the thresholds established in other plan categories, which are consistent with the need, character, and scale of such uses Community Development Board – July 15, 2025 Revised for City Council Meeting – September 4, 2025 LUP2025-05001- Page 8 of 13 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION relative to the surrounding uses, transportation facilities, and natural resource features, and may include residential as part of the mix of uses. The Retail & Services (R&S) category currently exists on the properties across Main Street to the north of the subject property, as well as to the west across Belcher Road. Adjacent to the property to the south and west is the Public/ Semi Public (P/SP) category. Belcher Road is delineated as a “Primary” Scenic/Noncommercial Corridor with a Residential Classification according to Section 6.5.4.1.3.A of the Countywide Rules and as a Supporting Corridor on the Land Use Strategy Map. This Residential Classification extends approximately 500 feet to the west and east of the centerline of Belcher Road. The intersection of SR 580 (Main Street) and Belcher Road has a Mixed-Use Classification, which generally includes parcels fronting SR 580 and those that have a Countywide Plan Map category of Retail & Services (R&S). The subject property falls within the Mixed Use Classification corridor area. As detailed in Table 6-4 of the Countywide Rules, the proposed Public/Semi-Public (P/SP) category is consistent with the Mixed Use Classification. All Countywide Plan Map categories are consistent with the Mixed Use Classification, with the exception of the Retail & Services (R&S), Employment (E), and Industrial (I) categories. The Retail & Services (R&S) and Employment (E) categories are potentially consistent with the Mixed Use Classification subject to the following specific use restrictions: Manufacturing-Medium and Incinerator Facility uses are not permitted within the Mixed Use Classification. As the subject property fronts both SR 580 and Belcher Road and meets locational criteria for the Public/Semi-Public (P/SP) category in the Countywide Rules, no amendment to the Land Use Strategy Map is needed. Community Development Board – July 15, 2025 Revised for City Council Meeting – September 4, 2025 LUP2025-05001- Page 9 of 13 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Recommended Conclusions of Law: The proposed Future Land Use Map Amendment will require an amendment to the Countywide Plan Map. The proposed amendments are consistent with the purpose of the proposed Institutional (I) category in the Countywide Rules and with the criteria for Countywide Plan Map and Scenic/Noncommercial Corridor consistency. Compatibility with Surrounding Properties/Character of the City & Neighborhood [Section 4-603.F.3 and Section 4-603.F.6] Recommended Findings of Fact: The proposed amendment area is currently being redeveloped as a parking lot for the Largo Medical Center and is currently undesignated in Pinellas County; the subject parcel was previously designated as Retail Services (R&) in the city of Dunedin. Adjacent directly to the east, is property owned by St. Michael the Archangel Catholic Church, continuing the Institutional (I) designation along Main Street. The proposed Institutional (I) future land use category primarily permits nonresidential development at a floor area ratio (FAR) of 0.65. Sufficiency of Public Facilities [Section 4-603.F.4] Recommended Findings of Fact: To assess the sufficiency of public facilities needed to support potential development on the proposed amendment area, the maximum development potential of the property under the existing and proposed city Future Land Use Map designations were analyzed. Prior FLUM Designation “R&S” Proposed FLUM Designation “I” Net Change Site Area 0.70 AC (30,492 SF) 0.70 AC (30,492 SF) Maximum Development Potential 16,770 SF 0.55 FAR 19,819 SF 0.65 FAR +3,049 SF +0.10 FAR Notes: The Commercial General (CG) designation was used to calculate the values of this table. (CG) was used in this section as an equivalent to the Retail & Services designation that is found in Pinellas County. Abbreviations: FLUM – Future Land Use Map DUs – Dwelling Units SF – Square feet FAR – Floor Area Ratio Table 2. Development Potential for Existing & Proposed FLUM Designations Community Development Board – July 15, 2025 Revised for City Council Meeting – September 4, 2025 LUP2025-05001- Page 10 of 13 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION As seen in the table above, there is an increase in both nonresidential development potential and the Floor Area Ratio. With the future development of a parking lot on this parcel there are expected increases. Potable Water The change in development potential from this amendment could result in an increase in potable water use of up to 304.9 gallons per day. Nonresidential uses utilize a percentage of the total square footage for potable water calculations, so the utilization would be the same for the parking lot to be used for the overall medical center site. Due to the proposed parking improvements having to meet zoning code requirements, it is very likely that the actual development would be less than the maximum development potential, meaning the increase in potable water would be less than the maximum potential. The city’s current potable water demand is 11.209 million gallons per day (MGD). The city’s adopted level of service (LOS) standard for potable water service is 100 gallons per capita per day, while the actual usage is estimated at 76.24 gallons per capita per day (2023 Public Supply Annual Report). The city’s 10-year Water Supply Facilities Work Plan (2022-2023 Planning Period), completed July 2022, indicates that based on the updated water demand projections and other factors, the city has adequate water supply and potable water capacity for the 10-year planning horizon. Wastewater (Sanitary Sewer) The change in development potential from this amendment could result in an increase in wastewater use of up to 244 gallons per day. Nonresidential uses utilize a percentage of the total square footage for wastewater calculations, so the utilization would be the same for the parking lot. Due to future development having to meet zoning code requirements, it’s likely that the actual development would be less than the maximum development potential, meaning the increase in wastewater would also be less than the maximum potential. The amendment area is served by the East Water Reclamation Facility, which presently operates around 2 million gallons per day. The city’s adopted LOS standard for wastewater service is 100 gallons per capita per day, and the current operational capacity is well within its permitted capacity of 5 million gallons per day. Therefore, there is excess wastewater capacity to serve the amendment area. Solid Waste The change in development potential from this amendment could result in a decrease of 36.4 tons per year of solid waste generated. As stated, due to future development having to meet zoning code requirements, it’s likely that the actual development would be less than the maximum development potential, meaning the increase in solid waste would be less than the maximum potential of 36.4 tons per year as shown. The city’s adopted LOS standard for solid waste service is 1.3 tons per year, or 7.12 pounds per person per day; however, Pinellas County handles all solid waste disposal at the Pinellas County Waste-to-Energy Plant and the Bridgeway Acres Sanitary Landfill, which has significant capacity. Additionally, the city provides a full- Community Development Board – July 15, 2025 Revised for City Council Meeting – September 4, 2025 LUP2025-05001- Page 11 of 13 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION service citywide recycling program which diverts waste from the landfill, helping to extend the lifespan of Bridgeway Acres. There is excess solid waste capacity to serve the amendment area. Parkland No parklands have been located within the amendment area. The city’s Community Development Code requires that development is compliant with the city’s tree preservation, landscaping, and stormwater management requirements. Under both the existing and proposed future land use, the LOS citywide for parkland will remain the same. There are no park lands in association with this amendment. Amending a property’s future land use or zoning designation does not have an immediate impact on the city’s parks and recreation system and parkland requirements. Impacts are felt when development occurs. In this case, the proposed improvements and the Future Land Use Map Amendment will have no additional impact on parkland. Stormwater Site plan approval will assess stormwater before the amendment area can be redeveloped. At that time, the stormwater management system for the site will be required to meet all city and Southwest Florida Water Management District stormwater management criteria. Streets The amendment area is located South of State Road 580, approximately 31 feet east of North Belcher Road. To evaluate potential impacts to streets, the typical traffic impacts figures (trips per day per acre) in the Countywide Rules for the corresponding Countywide Plan Map categories (existing and proposed) are compared. The current number of trips per day (67 trips) is calculated based on the traffic generation numbers for the Retail & Services (R&S) category (433 trips per day per acre), and the proposed number of trips under the Institutional (I) category would be 216 trips (89) trips per day per acre). This could result in a decrease of trips from the amendment area. The amendment property fronts Main Street, but access will be provided through multiple ingress and egress points along Main Street and Belcher Road. Main Street is a six-lane, divided principal arterial roadway and Belcher Road both two-lane undivided roadways. Since the numbers provided within the Countywide Rules for this review are aggregate trips per acre based on multiple commercial uses, the Public Works Department’s Traffic Engineering Division will review any future redevelopment and provide traffic-related comments as part of that review. The review would address code requirements, including but not limited to, parking and loading, vehicle stacking, ingress and egress, and the implementation of the city’s Mobility Management System. The Mobility Management System applies to both deficient and nondeficient roadways which are determined by operating LOS. Based on the number of net new trips created, either the multimodal impact fee would be paid or, depending on the traffic impacts identified by the city’s Traffic Engineering Division, a traffic impact study or transportation management plan could be required. Recommended Conclusions of Law: Community Development Board – July 15, 2025 Revised for City Council Meeting – September 4, 2025 LUP2025-05001- Page 12 of 13 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Based upon the findings of fact, the proposed amendment would increase the demand on several of the public facilities; however, it is determined that the proposed change will not result in the degradation of the existing levels of service for potable water, wastewater, solid waste, parkland, stormwater management, and streets. Impact on Natural Resources [Section 4-603.F.5] Recommended Findings of Fact: No wetlands have been located within the amendment area. The city’s Community Development Code requires that development is compliant with the city’s tree preservation, landscaping, and stormwater management requirements. Recommended Conclusions of Law: Amending any property’s future land use designation does not have an immediate impact on natural resources. Impacts on natural resources are felt when redevelopment occurs. Any future development would be required to meet the city’s Community Development Code, which includes protections for natural resources. Therefore, this proposed Future Land Use Map Amendment will not impact natural resources within the amendment area. SUMMARY & RECOMMENDATION No amendment to the Comprehensive Plan or Future Land Use Map shall be recommended for approval or receive a final action of approval unless it complies with the standards contained in Section 4-603.F, Community Development Code. Table 3 below depicts the consistency of the proposed amendment with the standards under to Section 4-603.F: CDC Section 4-603 Standard Consistent Inconsistent F.1 The amendment will further implementation of the Comprehensive Plan consistent with the goals, policies and objectives contained in the Plan. X F.2 The amendment is not inconsistent with other provisions of the Comprehensive Plan. X F.3 The available uses, if applicable, to which the properties may be put are appropriate to the properties in question and compatible with existing and planned uses in the area. X F.4 Sufficient public facilities are available to serve the properties. X F.5 The amendment will not adversely affect the natural environment. X F.6 The amendment will not adversely impact the use of properties in the immediate area. X Table 3. Consistency with Community Development Code Standards for Review Community Development Board – July 15, 2025 Revised for City Council Meeting – September 4, 2025 LUP2025-05001- Page 13 of 13 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Based on findings of facts and conclusions of law stated above, the Planning and Development Department recommends the following action: Recommend APPROVAL of the Future Land Use Map Amendment from undesignated (Pinellas County) to Institutional (I). Prepared by Planning and Development Department Staff: ___ Adrian D. Young Planner I ATTACHMENTS: Resume, Photographs LOCATION MAP Owner(s): Largo Medical Center Case: LUP2025-05001 Site: 2201 Main Street Property Size(Acres): .70 Acres Land Use Zoning PIN: 30-28-16-00000-320-0200 From: undesignated (Pinellas County) undesignated (Pinellas County) Atlas Page: 221A To: Insitutional (I) Insitutional (I) AERIAL PHOTOGRAPH Owner(s): Largo Medical Center Case: LUP2025-05001 Site: 2201 Main Street Property Size(Acres): .70 Acres Land Use Zoning PIN: 30-28-16-00000-320-0200 From: undesignated (Pinellas County) undesignated (Pinellas County) Atlas Page: 221A To: Insitutional (I) Insitutional (I) EXISTING SURROUNDING USES MAP Owner(s): Largo Medical Center Case: LUP2025-05001 Site: 2201 Main Street Property Size(Acres): .70 Acres Land Use Zoning PIN: 30-28-16-00000-320-0200 From: undesignated (Pinellas County) undesignated (Pinellas County) Atlas Page: 221A To: Insitutional (I) Insitutional (I) LUP2025-05001 Largo Medical Center, Inc. Agent: Katie Cole 2201 Main Street Facing south at the subject property, 2201 Main Street Facing west of the subject property along Main/Belcher Facing north of the subject property along Main Street Facing east of the subject property along Belcher Facing west along Belcher Facing west along Main Street Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9836-25 2nd Rdg Agenda Date: 9/4/2025 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: City Attorney Agenda Number: 7.4 SUBJECT/RECOMMENDATION: Adopt Ordinance 9836-25 on second reading, amending the Zoning Atlas of the city by rezoning certain real property located on the southeast corner of Main Street and Belcher Road, whose post office address is 2201 Main Street, Dunedin, Florida from undesignated (Pinellas County) to Institutional (I). Page 1 City of Clearwater Printed on 9/2/2025 Ordinance No. 9836-25 ORDINANCE NO. 9836-25 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY REZONING CERTAIN REAL PROPERTY LOCATED ON THE SOUTHEAST CORNER OF MAIN STREET AND BELCHER ROAD, WHOSE POST OFFICE ADDRESS IS 2201 MAIN STREET, DUNEDIN, FLORIDA 34698 FROM UNDESIGNATED (PINELLAS COUNTY) TO INSITUTIONAL (I) UPON ANNEXATION INTO THE CITY OF CLEARWATER; PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the Zoning Atlas of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property in Clearwater, Florida, is hereby rezoned, and the Zoning Atlas of the City is amended as follows: Property Zoning District See attached Exhibit “A” for Legal Description From: undesignated (Pinellas County) (REZ2025-05001) To: Institutional (I) The map attached as Exhibit “B” is hereby incorporated by reference. Section 2. The City Engineer is directed to revise the Zoning Atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect contingent upon and subject to the adoption of ordinance 9834-25 (annexation ordinance), subject to the approval of the land use designation set forth in Ordinance No.9835-25 by the Pinellas County Board of County Commissioners. Ordinance No. 9836-25 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Bruce Rector Mayor Approved as to form: Matthew Mytych Senior Assistant City Attorney Attest: Rosemarie Call, MPA, MMC City Clerk Exhibit B PROPOSED ZONING MAP Owner(s): Largo Medical Center Case: REZ2025-05001 Site: 2201 Main Street Property Size(Acres): .70 Acres Land Use Zoning PIN: 30-28-16-00000-320-0200 From: undesignated (Pinellas County) undesignated (Pinellas County) Atlas Page: 221A To: Insitutional (I) Insitutional (I) BACKGROUND & PROPOSAL This Zoning Atlas Amendment involves one parcel of land totaling 0.70-acres located on the southeast corner of Main Street/ SR 580 and Belcher Road. The property is currently undesignated in Pinellas County and the applicant, the applicant, Largo Medical Center Inc., is requesting to amend the zoning designation of the property from General Business to Institutional (I). A Future Land Use Map Amendment application (see LUP2025-05001) is being processed concurrently with this case upon annexation. In previous years, this parcel was occupied by an auto and truck dealership. The Largo Medical Center will install a parking area for the new medical emergency facility at the corner of Main Street and Belcher Road. This parcel has already been contracted out of the City of Dunedin planning area, temporarily returning to unincorporated Pinellas County, and now is proposed to be annexed into the City of Clearwater to create uniformity between jurisdiction, future land use and zoning. It has been determined that the City of Clearwater is able to provide services to the site. The prior Dunedin General Business (GB) District in Dunedin has a maximum density of 15.0 dwelling units per acre and a maximum floor area ration (FAR) of 0.65. The prior General Business (GB) District provides the opportunity for large-scale retail sales facilities, relatively intensive commercial uses and light business uses of the type allowed in less intensive commercial districts. High traffic generation is associated with commercial uses of this type, and the district should be served by an arterial road. PLANNING & DEVELOPMENT DEPARTMENT COMMUNITY DEVELOPMENT BOARD STAFF REPORT MEETING DATE: July 15, 2025 AGENDA ITEM: ID#25-0605 CASE: REZ2025-05001 REQUEST: Amendment to the city’s Zoning Atlas for the property located at 2201 Main Street, Dunedin, from undesignated (Pinellas County) to the Institutional (I) District. GENERAL DATA: Agent(s)........................... Owner(s).......................... Katherine E. Cole, Esq. Largo Medical Center Inc. Location .......................... 2201 Main Street, located on the southeast corner of Main Street and Belcher Road. Property Size ................... 0.70 – acres Community Development Board – July 15, 2025 Revised for City Council Meeting – September 4, 2025 REZ2025-05001- Page 2 of 10 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION The requested amendment to the Institutional (I) is consistent with the surrounding parcels and would allow for future development that is compatible with its surrounding uses and is appropriate to be located along Main Street/ SR 580. The applicant understands all necessary approval and permits must be obtained before the completion of development on the subject site. VICINITY CHARACTERISTICS Maps 1 and 2 show the general location of the property and an aerial view of the amendment area and its surroundings. Map 1 Community Development Board – July 15, 2025 Revised for City Council Meeting – September 4, 2025 REZ2025-05001- Page 3 of 10 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Map 2 Community Development Board – July 15, 2025 Revised for City Council Meeting – September 4, 2025 REZ2025-05001- Page 4 of 10 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Map 3 shows the existing surrounding uses which are a mix of residential, commercial and institutional uses as is typical along this corridor. The properties to the north across Main Street consist of retail sales and services. These uses include a convenience or strip center, and other medical service clinics. Furthermore, properties across Main Street consist of commercial uses. West, across Belcher Road, are a mix of commercial, office space and detached dwellings units. Directly to the south of the subject parcel and containing the area behind and directly east of the subject parcel, are properties owned by the St. Michael the Archangel Catholic Church. Map 3 Community Development Board – July 15, 2025 Revised for City Council Meeting – September 4, 2025 REZ2025-05001- Page 5 of 10 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION As shown on Map 4, the zoning atlas designation just south of the amendment area is the Medium Density Residential (MDR) designation. Parcels to the north across Main Steet/ SR 580 are in unincorporated Pinellas County and are designated General Commercial and Services (C-2) and to the west across Belcher Road, those parcels are within the Dunedin planning area designated General Business (GB and General Office (GO). As previously stated, this parcel will be utilized as a parking lot for the new medical center. Upon annexation the subject parcel will be combined with 2209 SR 580, thus continuing the Institutional (I) use along the entirety of the medical center and the church. Map 4 Community Development Board – July 15, 2025 Revised for City Council Meeting – September 4, 2025 REZ2025-05001- Page 6 of 10 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION REVIEW CRITERIA Consistency with the Clearwater Comprehensive Plan and Community Development Code and Regulations [Section 4-602.F.1] Recommended Findings of Fact: Applicable objectives and policies of Clearwater 2045, the Clearwater Comprehensive Plan, that support the proposed amendment include: Policy QP 5.1.1 Recognize the consistency between the Countywide Future Land Use categories, the city’s Future Land Use categories, and the city’s zoning district as shown in Table QP 1. Future Land Use Categories. Policy QP 5.2.7 Ensure proposed amendments will not create uses, densities, or intensities that are incompatible with the surrounding neighborhood or any applicable special area or redevelopment plans. Policy M 1.1.5 Continue implementation of the current Mobility Management System, including the multimodal impact fee, through the Community Development Code (CDC) to generate funding for multimodal mobility improvements. Applicable section of the Community Development Code which is applicable to the proposed amendment: Division 12. Institutional (I) District, Section 2-1201. Intent and Purpose. The intent and purpose of the Institutional "I" District is to establish areas where public and private organizations can establish and operate institutions with a public interest in support of the quality of life of the citizens of the City of Clearwater without adversely impacting the integrity of adjacent residential neighborhoods, diminishing the scenic quality of the City of Clearwater or negatively impacting the safe and efficient movement of people and things within the City of Clearwater. Recommended Conclusions of Law: The request is consistent with the goals, objectives, and policies of Clearwater 2045, the Clearwater Comprehensive Plan and furthers said plan and the Community Development Code. The proposed Institutional (I) District is compatible with the existing Institutional (I) District to the east along Main Steet/ SR 580 and along Belcher Road to the south. As previously discussed, the properties located to the north and west are outside the Clearwater planning area. Any future trips generated would be reviewed at the time of site plan review in accordance with the Mobility Management System. In addition, the proposal does not degrade the level of service for public facilities below the adopted standards (a detailed public facilities analysis follows in this report). Compatibility with Surrounding Properties/Character of the City & Neighborhood [Section 4-603.F.3 and Section 4-603.F.6] Recommended Findings of Fact: Community Development Board – July 15, 2025 Revised for City Council Meeting – September 4, 2025 REZ2025-05001- Page 7 of 10 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION The proposed amendment area currently in development to be utilized as parking for the Largo Medical Center and has a zoning designation of Institutional (I). Adjacent directly to the east, is property owned by St. Michael the Archangel Catholic Church, continuing the Institutional (I) designation along Main Street. To the west, across Belcher Road, and to the north, across Main Street, are retail shops and standalone retail sales and services. Recommended Conclusions of Law: The proposed Institutional (I) Zoning District, which primarily permits public and private development which operate institutions with a public interest, is consistent with the surrounding properties and character of the neighborhood. The existing multi-family dwelling units to the south provide a transition from the higher intensity uses to institutional uses along Main Street. Sufficiency of Public Facilities [Section 4-602.F.5] Recommended Findings of Fact: Even though this is a Zoning Atlas Amendment application, maximum development potential is based on the underlying future land use, so to assess the sufficiency of public facilities needed to support potential development on the amendment area, the maximum development potential under the existing County and proposed city Future Land Use Map designations were analyzed. Table 2. Development Potential for Existing & Proposed FLUM Designations Existing FLUM Designation “R&S” Proposed FLUM Designation “I” Net Change Site Area 0.70 AC (30,492 SF) 0.70 AC (30,492 SF) Maximum Development Potential 16,770 SF 0.55 FAR 19,819 SF 0.65 FAR +3,049 SF +0.10 FAR Note: Commercial General (CG) is comparable to Retail & Services used for calculation. Abbreviations: FLUM – Future Land Use Map DUs – Dwelling Units SF – Square feet FAR – Floor Area Ratio Table 1 As shown in the table, there is a slight increase in both nonresidential development potential, and the Floor Area Ratio. With the future development of a parking lot on this parcel the expected increases would likely be less than what is shown. Potable Water The change in development potential from this amendment could result in an increase in potable water use of up to 304.9 gallons per day. Nonresidential uses utilize a percentage of the total square footage for potable water calculations, so the utilization would be the same for the parking lot to be used for the overall medical center site. Community Development Board – July 15, 2025 Revised for City Council Meeting – September 4, 2025 REZ2025-05001- Page 8 of 10 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Due to the proposed parking improvements having to meet zoning code requirements, it is very likely that the actual development would be less than the maximum development potential, meaning the increase in potable water would be less than the maximum potential. The city’s current potable water demand is 11.209 million gallons per day (MGD). The city’s adopted level of service (LOS) standard for potable water service is 100 gallons per capita per day, while the actual usage is estimated at 76.24 gallons per capita per day (2023 Public Supply Annual Report). The city’s 10-year Water Supply Facilities Work Plan (2022-2023 Planning Period), completed July 2022, indicates that based on the updated water demand projections and other factors, the city has adequate water supply and potable water capacity for the 10-year planning horizon. Wastewater (Sanitary Sewer) The change in development potential from this amendment could result in an increase in wastewater use of up to 244 gallons per day. Nonresidential uses utilize a percentage of the total square footage for wastewater calculations, so the utilization would likely be far less for the parking lot. Due to future development having to meet zoning code requirements, it’s likely that the actual development would be less than the maximum development potential, meaning the increase in wastewater would also be less than the maximum potential. The amendment area is served by the East Water Reclamation Facility, which presently operates around 2 million gallons per day. The city’s adopted LOS standard for wastewater service is 100 gallons per capita per day, and the current operational capacity is well within its permitted capacity of 5 million gallons per day. Therefore, there is excess wastewater capacity to serve the amendment area. Solid Waste The change in development potential from this amendment could result in a decrease of 36.4 tons per year of solid waste generated. As stated, due to future development having to meet zoning code requirements, it’s likely that the actual development would be less than the maximum development potential, meaning the increase in solid waste would be less than the maximum potential of 36.4 tons per year as shown. The city’s adopted LOS standard for solid waste service is 1.3 tons per year, or 7.12 pounds per person per day; however, Pinellas County handles all solid waste disposal at the Pinellas County Waste-to-Energy Plant and the Bridgeway Acres Sanitary Landfill, which has significant capacity. Additionally, the city provides a full- service citywide recycling program which diverts waste from the landfill, helping to extend the lifespan of Bridgeway Acres. There is excess solid waste capacity to serve the amendment area. Parkland No parklands have been located within the amendment area. The city’s Community Development Code requires that development is compliant with the city’s tree preservation, landscaping, and stormwater management requirements. Under both the existing and proposed future land use, the LOS citywide for parkland will remain the same. There are no park lands in association with this amendment. Amending a property’s future land use or zoning designation does not have an immediate impact on the city’s parks and Community Development Board – July 15, 2025 Revised for City Council Meeting – September 4, 2025 REZ2025-05001- Page 9 of 10 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION recreation system and parkland requirements. Impacts are felt when development occurs. In this case, the proposed improvements and the Zoning Atlas Amendment will have no additional impact on parkland. Stormwater Any future new site plan approval will assess stormwater before the amendment area can be redeveloped. At that time, the stormwater management system for the site will be required to meet all city and Southwest Florida Water Management District stormwater management criteria. Streets The amendment area is located South of State Road 580, approximately 31 feet east of Belcher Road. To evaluate potential impacts to streets, the typical traffic impacts figures (trips per day per acre) in the Countywide Rules for the corresponding Countywide Plan Map categories (existing and proposed) are compared. For the purpose of this section, the Retail & Services (R&S) category was used as a comparable category with similar traffic pattens and requirements as a Commercial General (CG) category. The current number of trips per day (67 trips) is calculated based on the traffic generation numbers for the Retail & Services (R&S) category (433 trips per day per acre), and the proposed number of trips under the Institutional (I) category would be 216 trips (89) trips per day per acre). This could result in a decrease of trips from the amendment area. The amendment property fronts Main Street, but access will be provided through multiple ingress and egress points along Main Street and Belcher Road. Main Street is a six-lane, divided principal arterial roadway and Belcher Road both two-lane undivided roadways. Since the numbers provided within the Countywide Rules for this review are aggregate trips per acre based on multiple commercial uses, the Public Works Department’s Traffic Engineering Division will review any future redevelopment and provide traffic-related comments as part of that review. The review would address code requirements, including but not limited to, parking and loading, vehicle stacking, ingress and egress, and implementation of the city’s Mobility Management System. The Mobility Management System applies to both deficient and non-deficient roadways which are determined by operating LOS. Based on the number of net new trips created, either the multimodal impact fee would be paid or, depending on the traffic impacts identified by the city’s Traffic Engineering Division, a traffic impact study or transportation management plan could be required. Recommended Conclusions of Law: Based upon the findings of fact, the proposed amendment would increase the demand on several of the public facilities; however, it is determined that the proposed change will not result in the degradation of the existing levels of service for potable water, wastewater, solid waste, parkland, stormwater management, and streets. Location of District Boundaries [Section 4-602.F.6] Recommended Findings of Fact: Community Development Board – July 15, 2025 Revised for City Council Meeting – September 4, 2025 REZ2025-05001- Page 10 of 10 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION The location of the proposed Institutional (I) District boundaries are consistent with the legal descriptions provided and with the boundaries on the amendment area. Recommended Conclusions of Law: The Institutional (I) District boundaries are appropriately drawn in regard to location and classifications of streets, ownership lines, existing improvements, and the natural environment. SUMMARY & RECOMMENDATION No amendment to the Zoning Atlas shall be recommended for approval or receive a final action of approval unless it complies with the standards contained in Section 4-602.F, Community Development Code. Table 2 below depicts the consistency of the proposed amendment with the standards under to Section 4-603.F: CDC Section 4-603 Standard Consistent Inconsistent F.1 The amendment will further implementation of the Comprehensive Plan consistent with the goals, policies and objectives contained in the Plan. X F.2 The amendment is not inconsistent with other provisions of the Comprehensive Plan. X F.3 The available uses, if applicable, to which the properties may be put are appropriate to the properties in question and compatible with existing and planned uses in the area. X F.4 Sufficient public facilities are available to serve the properties. X F.5 The amendment will not adversely affect the natural environment. X F.6 The amendment will not adversely impact the use of properties in the immediate area. X Table 2. Consistency with Community Development Code Standards for Review Based on findings of facts and conclusions of law stated above, the Planning and Development Department recommends the following action: Recommend APPROVAL of the Zoning Atlas Amendment from Undesignated (Pinellas County) to Institutional (I). Prepared by Planning and Development Department Staff: Adrian D. Young Planner I ATTACHMENTS: Resume, Photographs LOCATION MAP Owner(s): Largo Medical Center Case: REZ2025-05001 Site: 2201 Main Street Property Size(Acres): .70 Acres Land Use Zoning PIN: 30-28-16-00000-320-0200 From: undesignated (Pinellas County) undesignated (Pinelleas County) Atlas Page: 221A To: Insitutional (I) Insitutional (I) AERIAL PHOTOGRAPH Owner(s): Largo Medical Center Case: REZ2025-05001 Site: 2201 Main Street Property Size(Acres): .70 Acres Land Use Zoning PIN: 30-28-16-00000-320-0200 From: undesignated (Pinellas County) undesignated (Pinellas County) Atlas Page: 221A To: Insitutional (I) Insitutional (I) EXISTING SURROUNDING USES MAP Owner(s): Largo Medical Center Case: REZ2025-05001 Site: 2201 Main Street Property Size(Acres): .70 Acres Land Use Zoning PIN: 30-28-16-00000-320-0200 From: undesignated (Pinellas County) undesignated (Pinellas County) Atlas Page: 221A To: Insitutional (I) Insitutional (I) REZ2025-05001 Largo Medical Center, Inc. Agent: Katie Cole 2201 Main Street Facing south at the subject property, 2201 Main Street Facing west of the subject property along Main/Belcher Facing north of the subject property along Main Street Facing east of the subject property along Belcher Facing west along Belcher Facing west along Main Street Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#25-0825 Agenda Date: 9/4/2025 Status: Agenda ReadyVersion: 1 File Type: City Manager Verbal Report In Control: City Council Agenda Number: 8.1 SUBJECT/RECOMMENDATION: Alligator Creek Flood Insurance Rate Map (FIRM) Changes. SUMMARY: Page 1 City of Clearwater Printed on 9/2/2025