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02/19/2026Thursday, February 19, 2026 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 - Final February 19, 2026City Council Meeting Agenda - Final 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 Youth Art Month Proclamation - Clearwater Arts Alliance; Beth Daniels, President CAA Board and Betsy Adler, Creative Projects Director. 5. Approval of Minutes 5.1 Approve the minutes of the February 5, 2026 City Council Meeting as submitted in written summation by the City Clerk. Page 2 City of Clearwater Printed on 2/18/2026 February 19, 2026City Council Meeting Agenda - Final 6. Consent Agenda The Consent Agenda contains normal, routine business items that are very likely to be approved by the City Council by a single motion. These items are not discussed, and may all be approved as recommended on the staff reports. Council questions on these items were answered prior to the meeting. The Mayor will provide an opportunity for a Councilmember or a member of the public to ask that an item be pulled from the Consent Agenda for discussion. Items pulled will receive separate action. All items not removed from the Consent Agenda will be approved by a single motion of the council. 6.1 Approve a Developer Agreement with JEN Tampa 14, LLC; approve an updated Developer Agreement template for future use; authorize the Gas System Executive Director to approve future Developer Agreements in substantially similar form, subject to City Attorney review; and authorize the appropriate officials to execute same. (consent) 6.2 Approve a purchase order to Rep Services, Inc., of Longwood, Florida for the purchase and installation of playground equipment at Montclair Park located at 1821 Montclair Road in the total amount of $192,509.44 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 an increase to existing purchase orders with Quality Sod and Landscape LLC, Sunbelt Sod & Grading Co. and Tom’s Sod Service, Inc. for citywide sod needs in the amount of $60,000.00 for Year 2 to address additional sod requirements resulting from Hurricanes Helene and Milton, bringing the total amount for this contract term to $360,000.00, pursuant to ITB 19-24, and authorize the appropriate officials to execute same. (consent) 6.4 Authorize a purchase order to Wise Hands, LLC. of St Petersburg, FL for citywide landscape plant material needs in the cumulative annual not-to-exceed amount of $300,000.00, for the initial term from March 5, 2026 through March 4, 2027, with up to three, one-year renewal options pursuant to Invitation to Bid 06-26 and authorize the appropriate officials to execute same. (consent) 6.5 Authorize a purchase order to Elxsi dba Cues of Orlando, FL for the purchase of a Ford F550 diesel cab with a 16’ cargo box equipped with Cues equipment in the amount of $514,399.74 pursuant to Clearwater Code of Ordinances Section 2.563(1)(c) - Piggyback; declare G4858 surplus and authorize disposal by auction or trade-in pursuant to code sections 2.623(6) and (7), whichever is deemed to be in the City’s best interest, and authorize the appropriate officials to execute same. (consent) Page 3 City of Clearwater Printed on 2/18/2026 February 19, 2026City Council Meeting Agenda - Final 6.6 Authorize a funding revision and contract extension to the purchase order with Enforcement One of Oldsmar, FL for citywide vehicle upfitting services, increasing annual funding from the originally assumed $250,000.00 to $950,000.00 for contract year two and $1,100,000.00 for contract year three, for a cumulative not-to-exceed contract total of $2,300,000.00; extend the final renewal option from April 30, 2027 to September 30, 2027 pursuant to Invitation to Bid (ITB) No. 18-24; and authorize the appropriate officials to execute same. (consent) 6.7 Authorize a purchase order with APG Electric Inc, dba APG Technology (APG) for audio and video equipment, wireless equipment, supplies, and related services, in an amount not to exceed $950,000.00, for the period March 1, 2026 through May 31, 2028, pursuant to Clearwater Code of Ordinances Section 2.563(1)(c), Piggyback or Cooperative Purchasing, and authorize the appropriate officials to execute same. (consent) 6.8 Approve a funding agreement between the City of Clearwater and the Pinellas Suncoast Transit Authority (PSTA) to provide enhanced Jolley Trolley service during Spring Break, March 1, 2026 through May 3, 2026, with the City contributing an amount not to exceed $154,325.00 and authorize the appropriate officials to execute same. (consent) 6.9 Approve a retainer agreement with Banker Lopez Gassler Law Firm P.A. for Claudia Baker vs. City of Clearwater and authorize the appropriate officials to execute same. (consent) 6.10 Approve a retainer agreement with Banker Lopez Gassler Law Firm P.A. for Bella Fayer vs. City of Clearwater and authorize the appropriate officials to execute same. (consent) 6.11 Approve a retainer agreement with Banker Lopez Gassler Law Firm P.A. for Eve Julian vs. City of Clearwater and authorize the appropriate officials to execute same. (consent) 6.12 Approve an agreement with Bush Graziano Rice and Hearing, P.A. in Nathaniel Brooks v. City of Clearwater and Joseph Roseto, Appeal Number 25-14524-D, and Nathaniel Brooks v. City of Clearwater, FMCS Case #250925-09977, and authorize the appropriate officials to execute same. (consent) 6.13 Request authority to initiate foreclosure actions on behalf of the City to recover amounts owed on municipal liens imposed against certain real property. (consent) Public Hearings - Not before 6:00 PM Page 4 City of Clearwater Printed on 2/18/2026 February 19, 2026City Council Meeting Agenda - Final 7. Administrative Public Hearings - Presentation of issues by City staff - Statement of case by applicant or representative (5 min.) - Council questions - Comments in support or opposition (3 min. per speaker or 10 min maximum as spokesperson for others that have waived their time) - Council questions - Final rebuttal by applicant or representative (5 min.) - Council disposition 7.1 Declare as surplus for the purpose of sale to Rosemary Cooper, certain unaddressed real property located at the southeast corner of Palm Bluff Street and North Myrtle Avenue; approve the agreement for transfer of real property; and authorize appropriate officials to execute same together with all other instruments required to affect closing. (APH) 7.2 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 1604 Bonair Street and pass Ordinances 9875-26, 9876-26, and 9877-26 on first reading. (ANX2025-12014) 7.3 Approve the annexation, initial Future Land Use Map designation of Residential Suburban (RS) and initial Zoning Atlas designation of Low Density Residential (LDR) District for 2941 Abbey Lake Road and pass Ordinances 9872-26, 9873-26, and 9874-26 on first reading. (ANX2025-12013) 7.4 Continue to March 30, 2026: Amend the Future Land Use Map to apply a new Planned Redevelopment District (PRD) overlay to the area encompassing the North Greenwood CRA boundary with the exception of the area comprising the Old Bay Character District of the Downtown which is designated as Central Business District (CBD), and any properties designated as Water, Preservation (P), or Recreation/Open Space (R/OS) on the city's Future Land Use Map and pass Ordinance 9861-26 on first reading. (LUP2025-11005) 7.5 Continue to March 30, 2026: Amend Clearwater 2045, the city’s Comprehensive Plan, to establish a new Planned Redevelopment District (PRD) Overlay future land use category, with associated bonuses, and incorporate policies for a new North Greenwood Community Overlay District and pass Ordinance 9860-26 on first reading. (CPA2025-10001) 7.6 Approve the Joint Participation Agreement (JPA) G3G00 between the City of Clearwater and the State of Florida Department of Transportation (FDOT), for a grant to repaint runway and taxiway markings, authorize the appropriate officials to execute same, and adopt Resolution 26-03. Page 5 City of Clearwater Printed on 2/18/2026 February 19, 2026City Council Meeting Agenda - Final 7.7 Oppose the inclusion of new offshore oil and gas leasing off the coast of Florida and adopt Resolution 26-05 7.8 Reaffirm that land known as the Old City Hall site is unnecessary for public purposes; that disposal of said land is in the best interest of the public; authorize conveyance of the land by Special Warranty Deed pursuant to the terms of the Purchase and Sale Agreement; authorize appropriate officials to execute said deed and other related closing documents; release any automatic reservation and right of entry in accordance with F. S. § 270.11; provide severability; provide for an effective date and adopt Resolution 26-06. 8. Citizens to be Heard on topics pertaining to city business but not on the agenda. Comments shall be limited to 30 minutes total, or ten individual speakers, whichever is greater. No speaker shall give or receive additional time or minutes to or from another member of the audience. 9. City Manager Reports 10. City Attorney Reports 11. Closing comments by Councilmembers (limited to 3 minutes) 12. Closing Comments by Mayor 13. Adjourn Page 6 City of Clearwater Printed on 2/18/2026 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#26-0190 Agenda Date: 2/19/2026 Status: Agenda ReadyVersion: 1 File Type: Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by government agencies or groups providing formal updates to Council will be limited to ten minutes.) In Control: Council Work Session Agenda Number: 4.1 SUBJECT/RECOMMENDATION: Youth Art Month Proclamation - Clearwater Arts Alliance; Beth Daniels, President CAA Board and Betsy Adler, Creative Projects Director. Page 1 City of Clearwater Printed on 2/18/2026 The Clearwater Arts Alliance Presents The 2025-2026 March is Youth Art Month Pinellas County K-8 Student Art Exhibition Clearwater Main Library 100 N Osceola Ave, Clearwater, FL Opening Reception for Students, Families, Friends, Teachers, Administrators & Guests! Tuesday, March 3, 2026 6:00 PM to 7:30 PM Awards Ceremony at 6:30 PM Student Artwork on Display from March 2 to March 27, 2026 The library is open Monday through Friday (check hours before going) CLEARWATER PUBLIC LIBRARY SYSTEM ARWATER CS° ARTSPINELLAS COUNTY SCHOOLS ALLIANCE Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#26-0147 Agenda Date: 2/19/2026 Status: Agenda ReadyVersion: 1 File Type: MinutesIn Control: City Council Agenda Number: 5.1 SUBJECT/RECOMMENDATION: Approve the minutes of the February 5, 2026 City Council Meeting as submitted in written summation by the City Clerk. Page 1 City of Clearwater Printed on 2/18/2026 City Council Meeting Minutes February 5, 2026 Page 1 City of Clearwater City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 Meeting Minutes Thursday, February 5, 2026 6:00 PM Main Library - Council Chambers City Council Draft City Council Meeting Minutes February 5, 2026 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, Rosemarie Call – City Clerk, and Nicole Sprague – Deputy City Clerk. To provide continuity for research, items are listed in agenda order although not necessarily discussed in that order. Unapproved 1. Call to Order – Mayor Rector The meeting was called to order at 6:00 p.m. 2. Invocation – Major Ted Morris from The Salvation Army 3. Pledge of Allegiance 4. Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by governmental agencies or groups providing formal updates to Council will be limited to ten minutes.) – Given. 4.1 National 211 Day Proclamation - Micki Thompson (CEO) and Sean Schrader (Board Member) First Contact Organization 5. Approval of Minutes 5.1 Approve the minutes of the January 15, 2026 City Council meeting as submitted in written summation by the City Clerk. Vice Mayor Teixeira moved to approve the minutes of the January 15, 2026 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 6.2, 6.3, 6.6, 6.8, 6.10, 6.12. 6.1 Approve the Fifth Amendment to Contract for Sale of City-Owned Vacant Land Draft City Council Meeting Minutes February 5, 2026 Page 3 City of Clearwater between the City of Clearwater, Habitat for Humanity of Pinellas County, Inc., and Clearwater Neighborhood Housing Services, Inc. for real property located at 1454 South Martin Luther King Jr. Avenue and authorize the appropriate officials to execute same and such requisite documents necessary to effectuate the sale. (consent) 6.2 Approve a Professional Services Agreement to the Instigo LLC dba Instigo Agency of St. Petersburg FL for sponsorship sales services for the City of Clearwater assets in the amount of $5,000.00 per month retainage fee plus an additional 12 percent of gross sponsorship sales that are negotiated and secured by Instigo for an initial one-year term with four one-year renewal options, pursuant to Request for Proposal (RFP) 54-25 and authorize the appropriate officials to execute same. (consent) See Below. 6.3 Authorize an increase and extension to the purchase order with Sentry Event Services of Tampa, FL, for citywide security and event services in the amount of $86,000.00 for Year Four, increasing the annual not-to-exceed amount from $200,000.00 to $286,000.00, and extending the contract for up to 120 calendar days, pursuant to Request for Proposal (RFP) 06-22, and authorize the appropriate officials to execute same. (consent) See Below. 6.4 Award a construction contract to TLC Diversified, Inc for the Lift Station Point Repairs and Improvements in the annual amount of $5,000,000.00 for an initial term with three, one-year renewal options pursuant to invitation to Bid (ITB) 25-0006-UT; and authorize the appropriate officials to execute same. (consent) 6.5 Approve a work order with McKim and Creed of Clearwater, FL, for design and construction phase services associated with the Coachman Station Disinfection System Update (25-0041-UT) in the not-to-exceed amount of $243,454.00 pursuant to the continuing contract awarded under RFQ 34-23 and authorize the appropriate officials to execute same. (consent) 6.6 Award construction contracts to TLC Diversified of Palmetto, FL, Murphy Pipeline Contractors of Jacksonville, FL and Applied Drilling Engineering of Tampa, FL for the Water, Reclaimed Water and Well Repair and Improvements project in the annual amount of $9,000,000.00 for a one year term with the option for three one-year renewals on a unit price basis pursuant to Invitation to Bid (ITB) 25-0027-UT and authorize the appropriate officials to execute same. (consent) See Below. 6.7 Authorize a purchase order to Ferguson Waterworks of Tampa, FL, for the procurement of Neptune water meter original equipment manufacturer (OEM) replacement parts in the one-time purchase amount of $45,679.30 pursuant to Draft City Council Meeting Minutes February 5, 2026 Page 4 City of Clearwater Clearwater Code of Ordinances Section 2.563(1)(d), impractical to bid, and authorize the appropriate officials to execute same. (consent) 6.8 Approve the Standard Grant Agreement between the State of Florida Department of Environmental Protection (FDEP) and the City of Clearwater for the design and construction of six stormwater pump stations and associated conveyance upgrades, Phase 1 of the North Beach Stormwater Improvements Project (24-0037-EN), in the amount of $3,000,000, providing State funding with no required match, and authorize the appropriate officials to execute same. (consent) See Below. 6.9 Approve a Roadway Transfer Agreement with the Town of Belleair for a certain portion of Watkins Road pursuant to Florida Statute 335.0415(3) and authorize the appropriate officials to execute same. (consent) 6.10 Approve a purchase order to Routeware, Inc of Austin, TX for solid waste and recycling service verification, including camera systems with back-office system integration in the not to exceed amount of $769,626.65 for a 36-month term pursuant to Clearwater Code of Ordinances Section 2.563 (1)(c), Piggyback, and authorize appropriate officials to execute same. (consent) See Below. 6.11 Appoint Chantala Davis to the North Greenwood Community Redevelopment Area Citizens Advisory Committee, as the Non Profit Representative, for a term expiring February 5, 2028. (consent) 6.12 Appoint Owen Kohler to serve as Interim City Attorney beginning February 10, 2026. (consent) See Below. Councilmember Allbritton moved to approve the Consent Agenda as submitted, less Items 6.2, 6.3, 6.6, 6.8, 6.10, and 6.12, and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. 6.2 Approve a Professional Services Agreement to the Instigo LLC dba Instigo Agency of St. Petersburg FL for sponsorship sales services for the City of Clearwater assets in the amount of $5,000.00 per month retainage fee plus an additional 12 percent of gross sponsorship sales that are negotiated and secured by Instigo for an initial one-year term with four one-year renewal options, pursuant to Request for Proposal (RFP) 54-25 and authorize the appropriate officials to execute same. Draft City Council Meeting Minutes February 5, 2026 Page 5 City of Clearwater In an effort to increase revenue opportunities for the City and support primarily Parks and Recreation programs, facilities, events and activities the city issued a Request for Proposal RFP 54-25 on August 5, 2025, for Sponsorship and Naming Rights services. Three responsive proposals were received by the due date of September 9, 2025. An evaluation team consisting of representatives from Finance, Arts & Cultural Affairs, and Parks and Recreation reviewed and ranked all proposals and recommended Instigo Agency to provide these services. A Notice of Intent to Award was issued on October 2, 2025. Since that time, Instigo has worked with City staff on developing an agreement that includes prospect identification, asset identification, and a sales campaign development and execution strategy. Instigo will serve as the exclusive sponsorship and naming rights representative of the City with respect to the sale of sponsorship, naming rights, presenting sponsor, official sponsor, category partnership, pouring rights, advertising, hospitality, and other related rights, as negotiated and approved by City of Clearwater staff. Included in this agreement are benchmarks that Instigo has agreed to in order to track and measure success. Instigo and the City have already been working closely in preparation for this agreement to maximize efficiency and effectiveness. Several City assets and major events have already been identified and Instigo and staff are ready to implement this agreement. APPROPRIATION CODE AND AMOUNT: A first quarter budget amendment will establish special program M2602, Sponsorship and Naming Rights Services, to account for the revenues and expenses of this contract. STRATEGIC PRIORITY: In approving this agreement, the City will support following City of Clearwater Strategic Plan Objectives: • 1.5: Embrace a culture of innovation that drives continuous improvement and successfully serves all our customers; • 2.1: Strengthen public-private initiatives that attract, develop, and retain diversified business sectors.; • 2.2: Cultivate a business climate that welcomes entrepreneurship, inspires local investment, supports Eco-friendly enterprises, and encourages high-quality job growth; • 2.3: Promote Clearwater as a premier destination for entertainment, cultural experiences, tourism, and national sporting events; and • 3.3: Promote marketing and outreach strategies that encourage stakeholder engagement, enhance community education, and build Draft City Council Meeting Minutes February 5, 2026 Page 6 City of Clearwater public trust. One individual spoke in opposition. Councilmember Mannino moved to approve a Professional Services Agreement to the Instigo LLC dba Instigo Agency of St. Petersburg FL for sponsorship sales services for the City of Clearwater assets in the amount of $5,000.00 per month retainage fee plus an additional 12 percent of gross sponsorship sales that are negotiated and secured by Instigo for an initial one-year term with four one-year renewal options, pursuant to Request for Proposal (RFP) 54-25 and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. 6.3 Authorize an increase and extension to the purchase order with Sentry Event Services of Tampa, FL, for citywide security and event services in the amount of $86,000.00 for Year Four, increasing the annual not-to-exceed amount from $200,000.00 to $286,000.00, and extending the contract for up to 120 calendar days, pursuant to Request for Proposal (RFP) 06-22, and authorize the appropriate officials to execute same. On February 17, 2022, City Council approved a purchase order with Sentry Event Services, Inc. in an annual not-to-exceed amount of $200,000.00, with three one-year renewal options, pursuant to RFP 06-22 for Security Services. Under the current contract, Sentry provides security services for the Municipal Services Building (MSB), City Hall, City Council meetings, garage patrol, and Athletic and Special Event activities. The City has issued RFP 01-26 to establish a new security services contract; however, the evaluation and contract negotiation process will not be completed prior to the expiration of the current contract. In the interim, the Athletics and Special Events divisions have several upcoming events, including NFCA and ESPN-related events, that require continued security services. Approval of this item will authorize an extension of up to 120-days of the existing contract, through May 31, 2026, or until a new contract is awarded, whichever occurs first, and will ensure there is no lapse in security coverage while the new procurement process is completed. APPROPRIATION CODE AND AMOUNT: Funds have been budgeted in Building and Maintenance contractual services cost code for the Municipal Services Building and Main Library which includes Work Sessions, Council Meetings, and designated advisory board meetings. Security services for special events will be charged to Parks & Recreation Draft City Council Meeting Minutes February 5, 2026 Page 7 City of Clearwater Special Events Programs which are funded by special events revenues. Security services for parking will be charged to Engineering’s Parking Fund which is funded by parking revenues. 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. • 1.3: 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. One individual spoke in opposition. Councilmember Cotton moved to Authorize an increase and extension to the purchase order with Sentry Event Services of Tampa, FL, for citywide security and event services in the amount of $86,000.00 for Year Four, increasing the annual not-to-exceed amount from $200,000.00 to $286,000.00, and extending the contract for up to 120 calendar days, pursuant to Request for Proposal (RFP) 06-22, and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. 6.6 Award construction contracts to TLC Diversified of Palmetto, FL, Murphy Pipeline Contractors of Jacksonville, FL and Applied Drilling Engineering of Tampa, FL for the Water, Reclaimed Water and Well Repair and Improvements project in the annual amount of $9,000,000.00 for a one year term with the option for three one-year renewals on a unit price basis pursuant to Invitation to Bid (ITB) 25-0027-UT and authorize the appropriate officials to execute same. This request seeks to establish a multi-year, unit-price contract for as-needed infrastructure improvements, specifically targeting water, reclaimed water, and well systems, along with associated asphalt and concrete repairs. This contract is a replacement of the contract from 21-0025-UT, which similarly established a multi-year contract for as needed services in water and reclaimed water infrastructure improvements. That contract expired on December 31, 2025 and Draft City Council Meeting Minutes February 5, 2026 Page 8 City of Clearwater a new contract has been initiated to continue this work. Following the ITB 25-0027-UT process, CHA Consulting, Inc. recommended awarding the lowest responsible bidders based on unit prices for five distinct groups as follows: TLC Diversified is recommended to perform in Group A - Water and Reclaimed Water Point Repair for an amount not to exceed $3,750,000.00 per one year term. Murphy Pipeline Contractors is recommended to perform in Group B - Water and Reclaimed Water Trenchless Pipe Installation for an amount not to exceed $3,750,000.00 per one year term. It was determined that TLC Diversified did not meet the qualifications for this group therefore is considered non-responsive for Group B. TLC Diversified is recommended to perform in Group C - Asphalt Milling and Resurfacing for an amount not to exceed $750,000.00 per one year term. TLC Diversified is recommended to perform in Group D - Concrete Aprons, Sidewalk and Curb for an amount not to exceed $250,000.00 per one year term. Applied Drilling Engineering is recommended to perform in Group E - Well Maintenance for an amount not to exceed $500,000.00 per one year term. The City of Clearwater will direct the contractors to those high priority areas as established in the Public Utilities Department Capital Improvement Plan, Water Master Plan and Reclaimed Water Master Plan. Construction duration is anticipated to be one year for each group with the option for three one-year renewals. APPROPRIATION CODE AND AMOUNT: 3217321-546900-96721 $6,800,000.00 3277327-546900-96784 $1,700,000.00 Public Utilities-operating supplies $500,000.00 Funding for these contracts are available in capital improvement projects 97621, Water System R&R Maintenance, and 96784, Reclaimed Water Distribution System R&R; and in various Public Utilities operating cost centers cost code 550400, operating supplies and materials. Future funding will be requested as part of the annual budget process. The operations of the Public Utilities Department, and capital projects which support, are funded by revenue from the Water & Sewer Utility Enterprise Fund. Draft City Council Meeting Minutes February 5, 2026 Page 9 City of Clearwater STRATEGIC PRIORITY: In furtherance of the Council’s Strategic Plan to achieve High Performing Government by maintaining public infrastructure through systematic management efforts, award of a Construction Contract is requested. The project also aligns with the City’s Strategic goals of Environmental Stewardship. One individual spoke in opposition. Vice Mayor Teixeira moved to award construction contracts to TLC Diversified of Palmetto, FL, Murphy Pipeline Contractors of Jacksonville, FL and Applied Drilling Engineering of Tampa, FL for the Water, Reclaimed Water and Well Repair and Improvements project in the annual amount of $9,000,000.00 for a one year term with the option for three one-year renewals on a unit price basis pursuant to Invitation to Bid (ITB) 25-0027-UT and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. 6.8 Approve the Standard Grant Agreement between the State of Florida Department of Environmental Protection (FDEP) and the City of Clearwater for the design and construction of six stormwater pump stations and associated conveyance upgrades, Phase 1 of the North Beach Stormwater Improvements Project (24-0037-EN), in the amount of $3,000,000, providing State funding with no required match, and authorize the appropriate officials to execute same. The North Beach Stormwater Improvement Project is a multi-phase effort to improve performance of stormwater infrastructure, reduce tidal flooding, and reduce disruption events in the North Beach neighborhood of Clearwater. The State of Florida Legislature appropriated $3,000,000 to the City of Clearwater to cover a portion of the cost for design and construction of approximately six stormwater pump stations and associated conveyance improvements in North Beach. The appropriations will be dispersed to the City through the Florida Department of Environmental Protection (FDEP) via a Standard Grant Agreement L0168, which provides State reimbursement up to $3,000,000 for eligible project costs. No local match is required under this agreement. The Agreement term begins July 1, 2025, and expires April 30, 2029, allowing for design, permitting, bidding, and phased construction activities. $500,000 of the award is earmarked as reimbursable for preconstruction activities and $2,500,000 reimbursable for construction costs under the agreement. Draft City Council Meeting Minutes February 5, 2026 Page 10 City of Clearwater In June of 2024, RFQ 50-24 was issued seeking an engineering firm to design a stormwater management system for the North Beach community. The RFQ selection committee, consisting of five representatives from the Public Works Department, reviewed three submitted qualifications. The committee selected Chen Moore and Associates to provide professional engineering services based on the team’s relevant experience designing and permitting projects of similar complexity in low-lying coastal communities. On July 10, 2025, Council approved the initial Work Order to Chen Moore and Associates in the amount of $891,127.05 to design and permit the first phase of permanent pump stations as well as further study the remaining drainage basins. Services include design, permitting, plans production, bidding assistance and post-design services as well as development of an initial funding strategy for this phase and future works pursuant of RFQ 50-24 and services needed to comply with grants. Project improvements funded by this Agreement will advance Clearwater’s long-term coastal resilience strategy, mitigate repetitive loss flooding conditions, reduce disruption events due to flooding in the North Beach neighborhood and provide water quality treatment to waters discharging into Clearwater Harbor and the neighboring waters surrounding Caladesi Island. On October 10, 2025, RFP 03-26 was issued seeking a Construction Manager at Risk for the North Beach Stormwater Improvement Project. The RFQ selection committee, consisting of five representatives from the Public Works Department, reviewed four submitted qualifications and on December 1, 2025, issued the Intent to Award to Kiewit Corporation. Negotiations with Kiewit are underway and the City anticipates initiating Phase 1’s construction activities in the coming months with construction activities completed prior to the Agreement expiration date. Public Works will bring the Kiewit contract and Pump Station GMP to Council for approval by mid-year 2026. Quarterly reports will be provided to FDPE throughout the term of the agreement. The agreement includes a provision that the City indemnify the Florida Department of Environmental Protection. Nothing in the agreement is deemed a waiver of the doctrine of sovereign immunity. APPROPRIATION CODE AND AMOUNT: ENST240001-DSGN-PROSVC Funds are available in capital improvement project ENST240001, North Beach Pump Station, to fund this contract. This is funded by Stormwater Revenue. STRATEGIC PRIORITY: 1.2 Maintain public infrastructure, mobility systems, natural lands, environmental resources, and historical features through systematic Draft City Council Meeting Minutes February 5, 2026 Page 11 City of Clearwater 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. 3.1 Support Neighborhood identity through services and programs that empower community pride and belonging. 3.2 Preserve community livability through responsible development standards, proactive code compliance, and targeted revitalization. 3.3 Promote marketing and outreach strategies that encourage stakeholder engagement, enhance community education and build public trust. 4.1 Support proactive climate resiliency strategies based in science to protect natural and built environments from impacts associated with sea level rise. 4.2 Adopt renewable resource usage and waste reduction practices to ensure a vibrant City for current and future generations. One individual spoke in opposition and suggested issuing a special assessment to North Beach residents. Councilmember Mannino moved to approve the Standard Grant Agreement between the State of Florida Department of Environmental Protection (FDEP) and the City of Clearwater for the design and construction of six stormwater pump stations and associated conveyance upgrades, Phase 1 of the North Beach Stormwater Improvements Project (24-0037-EN), in the amount of $3,000,000, providing State funding with no required match, and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. 6.10 Approve a purchase order to Routeware, Inc of Austin, TX for solid waste and recycling service verification, including camera systems with back-office system integration in the not to exceed amount of $769,626.65 for a 36-month term pursuant to Clearwater Code of Ordinances Section 2.563 (1)(c), Piggyback, and authorize appropriate officials to execute same. The Solid Waste and Recycling Department requests approval to implement the Routeware SmartCity technology platform to modernize collection operations. The SmartCity system integrates onboard cameras and driver tablets with real-time back-office portal, providing enhanced route oversight, service verification, and more efficient response to customer service issues. Key system features include turn-by-turn navigation, digital pre-trip and post-trip documentation, breadcrumb trail tracking, and live 360-degree camera views. Draft City Council Meeting Minutes February 5, 2026 Page 12 City of Clearwater Implementation of the SmartCity platform is expected to generate operational efficiencies and cost savings through optimized routing, improved equipment utilization, reduced redeployment, and avoidance of potential liability costs. Approval of this item will allow the Department to coordinate system implementation with the vendor, including equipment installation, and staff training. The SmartCity software will be deployed across 53 Solid Waste vehicles, as follows: • Automated Side Loader (ASL): 19 vehicles with 5 cameras per vehicle (95 cameras total) • Front End Loader (FEL): 16 vehicles with 4 cameras per vehicle (80 cameras total) • Rear End Loader (REL): 13 vehicles with 2 cameras per vehicle (26 cameras total) • JAWS/Grapple: 5 vehicles with 1 camera per vehicle (5 cameras total) • Total: 53 vehicles equipped and 206 cameras. The Routeware SmartCity contract will be for a 36-month term and includes: • $147,645.00 - One-time costs for hardware, installation and training • $23,251.25 - Travel and Expenses (T&E) not to exceed for implementation • $199,576.80 - Annual recurring subscriptions costs ($598,730.40 total over the 36-month term. Authorization is requested to piggyback Houston-Galveston Area Council GAC Cooperative Contract FL10-24 (Fleet Services Equipment), valid through April 30, 2029. APPROPRIATION CODE AND AMOUNT: A first quarter budget amendment will establish capital project 324-C2603, Routeware Implementation, and transfer $400,000 of Solid Waste revenues from project 324-C2302, Rebuild SW Admin Complex, to provide funding for all costs related implementation including the first year’s annual subscription. Funding of the subscription costs in future years (years 2 and 3) will be requested as part of the annual operating budget of the Solid Waste Department. The operations of and capital projects which support the Solid Waste Department are funded by revenues from the Solid Waste and Recycling Enterprise Fund. Draft City Council Meeting Minutes February 5, 2026 Page 13 City of Clearwater STRATEGIC PRIORITY: This item falls under objectives 1.1 (Provide evidence-based measurement tools to continually guide municipal performance and promote accountable governance.) and objective 1.3 (Adopt responsive levels of service for public facilities and amenities, and identify resources required to sustain that level of service) under High Performing Government and objective 4.2 (Adopt renewable resource usage and waste reduction practices to ensure a vibrant City for current and future generations.) under Environmental Stewardship. One individual spoke in opposition. Councilmember Mannino moved to approve a purchase order to Routeware, Inc of Austin, TX for solid waste and recycling service verification, including camera systems with back-office system integration in the not to exceed amount of $769,626.65 for a 36-month term pursuant to Clearwater Code of Ordinances Section 2.563 (1)(c), Piggyback, and authorize appropriate officials to execute same. The motion was duly seconded and carried unanimously. 6.12 Appoint Owen Kohler to serve as Interim City Attorney beginning February 10, 2026. On December 12, 2025, City Attorney David Margolis notified the City Council that he intends to resign. Mr. Margolis intends to continue serving as City Attorney through February 9, 2026. On January 5, 2026, the City Council accepted Mr. Margolis' resignation and expressed support for the formal appointment of an Interim City Attorney. Lead Assistant City Attorney Owen Kohler has been identified for that role and is willing to serve. Mr. Margolis has drafted an addendum to Mr. Kohler's existing employment agreement for Council's consideration. If this addendum is approved by a supermajority of the City Council, Mr. Kohler will begin serving as Interim City Attorney on February 10, 2026. His appointment will expire on August 7, 2026, or upon appointment of a permanent City Attorney, whichever occurs first. Other terms and conditions, including salary and possible future scenarios, are also discussed in the attached agreement. One individual spoke in opposition. Councilmember Cotton moved to appoint Owen Kohler to serve as Interim City Attorney beginning February 10, 2026. The motion was duly seconded and carried unanimously. Draft City Council Meeting Minutes February 5, 2026 Page 14 City of Clearwater Public Hearings - Not before 6:00 PM 7. Administrative Public Hearings 7.1 Amend Council Rule 6 to temporarily restore public comment regarding matters not on the agenda and adopt Resolution 26-02. At the January 12 work session, the City Council directed the City Attorney to update Council Rules. Resolution 26-02 revises Council Rule 6 to restore the portion of the meeting allowing citizens to speak at Council meetings regarding items not on the agenda. Council further requested the following rules relating exclusively to this portion of the meeting: • This portion of the meeting will occur near the end of the meeting. • The time period for citizens to comment on non-agenda items will be 30 minutes. • No time-sharing among or between individual speakers or groups will be allowed. The City Council agreed that this protocol will remain in effect for three months. After conferring with the City Clerk, the City Attorney drafted the Resolution 26-02. It is presented for council discussion and consideration. Two individuals spoke in support. Resolution 26-02 was presented and read by title only. Councilmember Cotton moved to amend Council Rule 6 to temporarily restore public comment regarding matters not on the agenda and adopt Resolution 26-02. 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 8. Second Readings - Public Hearing 8.1 Adopt Ordinance 9866-26 on second reading, annexing certain unaddressed real property in Clearwater, Florida 33759, together with abutting S. McMullen Booth Road right-of-way into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Ordinance 9866-26 was presented and read by title only. Councilmember Allbritton moved to adopt Ordinance 9866-26 on second reading, annexing certain unaddressed real property in Draft City Council Meeting Minutes February 5, 2026 Page 15 City of Clearwater Clearwater, Florida 33759, together with abutting S. McMullen Booth Road right-of-way into the corporate limits of the city and redefining the boundary lines of the city to include said addition. 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 8.2 Adopt Ordinance 9867-26 on second reading, amending the future land use element of the Comprehensive Plan of the city to designate the land use for certain unaddressed real property in Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Residential Medium (RM). Ordinance 9867-26 was presented and read by title only. Councilmember Cotton moved to adopt Ordinance 9867-26 on second reading, amending the future land use element of the Comprehensive Plan of the city to designate the land use for certain unaddressed real property in Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Residential Medium (RM). 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 8.3 Adopt Ordinance 9868-26 on second reading, amending the Zoning Atlas of the city by zoning certain unaddressed real property in Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Medium Density Residential (MDR). Ordinance 9868-26 was presented and read by title only. Councilmember Mannino moved to adopt Ordinance 9868-26 on second reading, amending the Zoning Atlas of the city by zoning certain unaddressed real property in Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Medium Density Residential (MDR). 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 8.4 Adopt Ordinance 9869-26 on second reading, annexing certain real property whose post office address is 2265 N. McMullen Booth Road, Clearwater, Florida 33759, into the corporate limits of the city and redefining the boundary lines of the city to include Draft City Council Meeting Minutes February 5, 2026 Page 16 City of Clearwater said addition. Ordinance 9869-26 was presented and read by title only. Vice Mayor Teixeira moved to adopt Ordinance 9869-26 on second reading, annexing certain real property whose post office address is 2265 N. McMullen Booth Road, Clearwater, Florida 33759, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. 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 8.5 Adopt Ordinance 9870-26 on second reading, amending the future land use element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 2265 N. McMullen Booth Road, Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Residential Suburban (RS). Ordinance 9870-26 was presented and read by title only. Councilmember Allbritton moved to adopt Ordinance 9870-26 on second reading, amending the future land use element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 2265 N. McMullen Booth Road, Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Residential Suburban (RS). 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 8.6 Adopt Ordinance 9871-26 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 2265 N. McMullen Booth Road, Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Low Density Residential (LDR). Ordinance 9871-26 was presented and read by title only. Councilmember Mannino moved to adopt Ordinance 9871-26 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 2265 N. McMullen Booth Road, Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Low Density Residential (LDR). The motion was duly seconded and upon roll call, the vote was: Draft City Council Meeting Minutes February 5, 2026 Page 17 City of Clearwater Ayes: 5 - Mayor Rector, Vice Mayor Teixeira, Councilmember Allbritton, Councilmember Cotton and Councilmember Mannino 9. City Manager Reports The City Manager thanked the Innovation Team and Bloomberg Harvard for their efforts in facilitating an interactive session focusing on customer service. She said Bloomberg Harvard will be hosting Council's strategic planning session next week. 10. City Attorney Reports The City Attorney thanked the Mayor and Council for their support during his service. The City Council thanked Mr. Margolis for his service and wished him the best of luck on his next endeavor. 11. Closing comments by Councilmembers (limited to 3 minutes) Vice Mayor Teixeira reviewed recent events and said she enjoyed the innovation session, which was very engaging. 12. Closing Comments by Mayor Mayor Rector reviewed recent and upcoming events. 13. Adjourn The meeting adjourned at 7:00 p.m. Mayor City of Clearwater Attest City Clerk Draft Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#26-0127 Agenda Date: 2/19/2026 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Gas System Agenda Number: 6.1 SUBJECT/RECOMMENDATION: Approve a Developer Agreement with JEN Tampa 14, LLC; approve an updated Developer Agreement template for future use; authorize the Gas System Executive Director to approve future Developer Agreements in substantially similar form, subject to City Attorney review; and authorize the appropriate officials to execute same. (consent) SUMMARY: CGS Energy requests approval of an amended Developer Agreement with JEN Tampa 14, LLC, along with approval of an updated Developer Agreement template for use in future residential developments. The Developer Agreement is the primary contractual tool used by CGS Energy to secure natural gas commitments within new residential subdivisions. It establishes developer requirements for gas adoption while formalizing CGS Energy’s obligation to design, construct, and provide the necessary natural gas infrastructure and utility services. The proposed updated template makes some operational/procedural corrections and includes three substantive changes: 1.Business Name Update: Update of the utility’s name from Clearwater Gas System to CGS Energy to reflect the approved rebranding. 2.Legal Remedies Clarification: Revised Remedies and Limitations provision (Section 11) that limits both parties on the recovery of incidental or punitive damages. 3.Updated insurance language and coverage amounts to align with Risk Department’s 2026 requirements. APPROPRIATION CODE AND AMOUNT: Funds are budgeted and available in 4232077-543211, Builder Reimbursements, and project 96386, Expanded Energy Conservation, to fund this agreement. The operations of CGS Energy and all projects which support it are funded by revenues from the Gas Utility Enterprise Fund. USE OF RESERVE FUNDS: STRATEGIC PRIORITY: This item aligns with Objective 1.5 of the Strategic plan by embracing a culture of innovation that drives continuous improvement and successfully serves all our customer as well as Objective 2.1 by strengthening public-private initiatives that attract, develop, and retain diversified business sectors. Page 1 City of Clearwater Printed on 2/18/2026 CITY OF CLEARWATER/CGS ENERGY DEVELOPER AGREEMENT FOR NATURAL GAS DISTRIBUTION SERVICE This Agreement is entered into this day of February, 2026 between the City of Clearwater, Florida, a municipal corporation organized and existing under the laws of the State of Florida, d/b/a CGS Energy, hereinafter called "CGS" and JEN Tampa 14, LLC a Florida Limited Liability company, hereinafter called the "DEVELOPER". RECITALS A. DEVELOPER is developing land for sale and plans to include, among other things, approximately one-hundred and thirty-nine (139) platted lots for single family homes (the “Project”) to be known as Soleta at Starkey Ranch located in Pasco County, Florida, as more particularly described in Exhibit “A” attached hereto and incorporated herein, and as will be recorded in the Official Records of the Clerk of the Circuit Court, Pasco County, Florida. B. DEVELOPER, for itself and on behalf of the future owners of residences in the Project, desires to have natural gas service available within the Project. C. CGS desires to install a natural gas distribution system within the Project, at its expense, upon completion of and final approval of CGS’S feasibility report and DEVELOPER has agreed to engage CGS to install such a system within the Project, pursuant to the terms and conditions hereinafter set forth. NOW, THEREFORE, in consideration of the mutual covenants set forth herein, and for other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, CGS and DEVELOPER hereby agree as follows. 1. Recitals. The foregoing Recitals are true and correct and are incorporated in and form a part of this Agreement. 2. Gas Distribution System. 2.1 Installation of Gas Distribution System. CGS agrees to design and install a natural gas distribution system within the Project, including all necessary distribution lines, meters and ancillary facilities (collectively, the "System") necessary to provide natural gas service up to the meter of each residence constructed during the term of this Agreement as a Gas Compliant Residence in conformity with Section 3. The design of the System shall be subject to DEVELOPER’s review and approval prior to CGS’s commencement of construction thereof, for purposes of integration of the System into the Project. CGS shall control design of the System for gas operations purposes. The System does not include any facilities past the meter and CGS has no obligation to install or maintain such "behind the meter" facilities. DEVELOPER and CGS agree to reasonably cooperate with respect to the design and construction of the Project infrastructure, including without limitation, the System. Such cooperation shall include, without limitation, providing responses to requests for information required for development permits, plat approvals, and similar authorizations within fourteen (14) days of either parties’ receipt of a request for any such information from the other party. The parties agree to use all commercially reasonable efforts to cause the System to be designed and constructed in coordination with the other Project infrastructure, so that (i) commencement of construction of the System can commence in concert with the commencement of construction of the other Project infrastructure; and (ii) each phase of System can be completed simultaneous with completion of the other infrastructure located within the same phase of the Project. 2.2 Preparation for Installation and Easements. DEVELOPER represents that it owns and has legal title to the real property on which the Project will be constructed and has the authority to develop the Project and to enter into this Agreement. DEVELOPER shall provide or cause to be provided to CGS, and its employees, agents and subcontractors, adequate physical and legal access including recorded, assignable non-exclusive easements and/or rights of way to all reasonably necessary areas of the Project in substantially the form attached hereto and incorporated herein as Exhibit “B”, and/or by recorded, platted easements, all as reasonably necessary for the installation, operation, maintenance, repair and replacement of the System. With respect to such easements, DEVELOPER shall secure the consent and joinder of all necessary parties. DEVELOPER reserves the right to relocate any easement made available hereunder if necessary for the development of the Project, provided that construction of the portion of the System subject to any such relocated easement has not yet been commenced, and suitable easements and access for the System to all portions of the Project are maintained and provided. In the event that DEVELOPER desires to modify any easement relating to any portion of the System after installation, then DEVELOPER must obtain CGS’S advance written consent to any easement modification, such consent not to be unreasonably withheld, and DEVELOPER shall reimburse CGS for design, materials, construction and other costs associated with any relocation of the System and shall provide reasonably acceptable substitute easements. 2.3 Installation Schedule. CGS agrees to cooperate with DEVELOPER with respect to the construction of the System and to use commercially reasonable efforts to minimize interference with DEVELOPER’S construction of the Project. If so requested, CGS shall furnish System plans, excepting any proprietary information, to DEVELOPER. DEVELOPER agrees to establish and reasonably manage a Project construction schedule that provides CGS with reasonably sufficient time and access to construct the System within the Project. 2.4 Ownership of Gas Distribution System. The components of the System located on the supply side of each gas meter (and including each such meter) shall remain the exclusive property of CGS at all times during and following the expiration or earlier termination of this Agreement. CGS’S operation of the System is not governed by the terms of this Agreement; rather, CGS shall operate the System in accordance with the City of Clearwater’s Code of Ordinances, City policy and the requirements of applicable regulations and law. In the event the Project is not completed and/or the gas facilities and service are for any reason abandoned by DEVELOPER or its successors, and the System, or any part thereof, is no longer required to serve the Project, CGS may at its election remove readily removable, non-essential components of the System, purge and cap any components to be left in place, and restore any disrupted surface areas of the Project. 3. Gas Appliance Requirements. In recognition of the substantial investment made by CGS in constructing the System, DEVELOPER agrees that eighty percent (80%) of the homes in the Project will be built with a gas water heater or gas home heating system, and a secondary gas appliance (“Gas Compliant Residences”). In consideration of DEVELOPER constructing the Gas Compliant Residences, DEVELOPER will be entitled to an Energy Conservation Allowance as defined and provided for in paragraph 4. DEVELOPER agrees that each "MODEL" residence in the Project will be a Gas Compliant Residence. These appliances must be connected or have the necessary gas piping to connect to the appliance at the time the Certificate of Occupancy is issued. Further, DEVELOPER agrees to make a reasonable effort to utilize natural gas and natural gas appliances and equipment in common areas of the Project such as community club houses, community fitness centers, community pools, street lamps, community laundries and central water heating systems. Additionally, DEVELOPER agrees to make a reasonable effort to require natural gas for any commercial portions of the Project where economically feasible and as applicable. 4. Energy Conservation Allowance. DEVELOPER may be entitled to Energy Conservation Allowance payments for each home constructed in the Project that meets the requirements of CGS Energy Conservation Allowance Program (the “Program”), as may be amended from time to time by the Clearwater City Council. A summary of the allowance payments presently allowed under the Program is attached hereto as Exhibit “C”. In the event the Clearwater City Council rules or otherwise determines that the energy conservation allowance payments referenced above, or any portion thereof, may not be recovered by CGS through the Energy Conservation Adjustment, or that the entitlements under the Program shall be changed, then CGS’S obligation to thereafter make said allowance payments will be bound by such City Council directive and, as such, said allowance payments shall be adjusted to conform to such Council directive or terminate, as applicable, upon completion of construction of any homes then under construction in the Project (which homes shall remain eligible for allowance payments without such adjustment). During the term of this Agreement, CGS shall have the right to inspect any residence for which a claim for an allowance has been made, at reasonable times and upon notice to DEVELOPER and the applicable landowner. DEVELOPER shall be entitled to the Energy Conservation Allowance upon verification that the requirements of each Gas Compliant Residence have been met and a Certificate of Occupancy has been issued for that Residence. 5. Insurance Requirements for City/CGS: The City/CGS shall, at its own cost and expense, acquire and maintain during the term with the Developer, through self-insurance, insurance, and/or excess insurance, sufficient insurance to adequately protect the respective interest of the parties. Purchased insurance coverage shall be obtained with a carrier having an AM Best Rating of A-VII or better. Specifically the City/CGS must carry the following minimum types and amounts of insurance on an occurrence basis or in the case of coverage that cannot be obtained on an occurrence basis, then coverage can be obtained on a claims-made basis with a minimum three (3) year tail following the termination or expiration of this Agreement: a. Commercial General Liability Insurance coverage, including products/completed operations, in the minimum amount of $1,000,000 (one million dollars) per occurrence and $2,000,000 (two million dollars) general aggregate. b. Commercial Automobile Liability Insurance coverage, including property damage liability and bodily injury liability, for any owned, non-owned, hired or borrowed automobile is required in the minimum amount of $1,000,000 (one million dollars) combined single limit. c. Unless waived by the State of Florida, 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) aggregate by disease with benefits afforded under the laws of the State of Florida. Coverage should include Voluntary Compensation, Jones Act, and U.S. Longshoremen’s and Harbor Worker’s Act coverage where applicable. Coverage must be applicable to employees and volunteers, if any. The above insurance limits may be achieved by a combination of primary and umbrella/excess liability policies. Other Insurance Provisions for City/CGS: Prior to the execution of this Agreement/Contract, and then annually upon the anniversary date(s) of the insurance policy’s renewal date(s) for as long as this Agreement/Contract remains in effect, the City/CGS will furnish the Developer with a Letter of Self-Insurance (SIGNED by the Risk Manager), Developer acknowleges that Developer will not be named as an “Additional Insured” on any of City/CGS coverages. JEN Tampa 14, LLC 1316 Swann Avenue, Tampa Florida 33606 a. City/CGS shall provide thirty (30) days written notice of any cancellation, non-renewal, termination, material change or reduction in coverage. b. City/CGS’s insurance as outlined above shall be primary and non-contributory coverage for City/CGS’s negligence. c. Developer agrees that nothing contained herein shall be construed as a waiver of any sovereign immunity from, or limitation of, liability the City/CGS may be entitled to under the doctrine of sovereign immunity, or §768.28, Florida Statutes. Furthermore, this provision is not intended to nor shall it be interpreted as limiting or in any way affecting any defenses the City/CGS may have under §768.28, Florida Statutes or as consent to be sued by third parties. d. City/CGS reserves the right to appoint legal counsel to provide for City/CGS’s defense of any and all claims that may arise related to this Agreement, work performed under this Agreement, or to city/CGS’s design, equipment, or service. City/CGS agrees that the Developer shall not be liable to reimburse City/CGS for any legal fees or costs as a result of City/CGS providing its defense as contemplated herein. Developer’s failure to request evidence of this insurance shall not be construed by the City/CGS as a waiver of City/CGS’s obligation to provide the insurance coverage specified. 6. Insurance Requirements for Developer: The Developer 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 Developer’s deductible or self- insured retention and to require that it be reduced or eliminated Specifically, the Developer must carry the following minimum types and amounts of insurance on an occurrence basis or in the case of coverage that cannot be obtained on an occurrence basis, then coverage can be obtained on a claims-made basis with a minimum three (3) year tail following the termination or expiration of this Agreement: a. Commercial General Liability Insurance coverage, including but not limited to, bodily injury, personal injury, death, property damage, advertising liability, premises operations, products/completed operations, severability of interest, and contractual liability in the minimum amount of $1,000,000 (one million dollars) per occurrence and $2,000,000 (two million dollars) general aggregate. b. Commercial Automobile Liability Insurance coverage for any owned, non-owned, hired or borrowed automobile for in state travel is required in the minimum amount of $1,000,000 (one million dollars) combined single limit. c. Unless waived by the State of Florida and proof of waiver is provided to the City, Worker's Compensation (WC) & Employer's Liability Insurance coverage for all employees engaged under the Agreement, Worker’s Compensation as required by Florida law and Employer’s Liability with minimum limits of (a) $500,000 bodily injury each employee and each accident, $500,000 bodily injury by disease each employee, and $500,000 bodily injury by disease policy limit for quotes or agreements valued at $50,000 and under or (b) $1million bodily injury each employee and each accident, $1million bodily injury by disease each employee, and $1million bodily injury by disease policy limit for formal solicitation and agreements exceeding $50,000. 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. WAIVER OF SUBROGATION – With regard to any policy of insurance that would pay third party losses, Developer hereby grants the City a waiver of any right to subrogation which any insurer of the Developer may acquire against the City by virtue of the payment of any loss under such insurance for liability and workers compensation coverages. Developer agrees to obtain any endorsement that may be necessary to affect such waiver, but this provision shall apply to such policies regardless of whether 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. Other Insurance Provisions for Developer: a. Prior to the execution of this Agreement, and then annually upon the anniversary date(s) of the insurance policy’s renewal date(s) for as long as this Agreement remains in effect, the Developer 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” with respect to general and auto liability coverages. b. In addition, when requested in writing from the City, Developer 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: CGS Energy P.O. Box 4748 Clearwater, FL 33758-4748 c. Developer shall provide thirty (30) days written notice of any cancellation, non-renewal, termination, material change or reduction in coverage. d. Developer’s insurance as outlined above shall be primary and non-contributory coverage for Developer’s negligence. e. Developer reserves the right to appoint legal counsel to provide for the Developer’s defense, for any and all claims that may arise related to Agreement, work performed under this Agreement, or to Developer’s equipment, or service. Developer agrees that the City shall not be liable to reimburse Developer for any legal fees or costs as a result of Developer providing its defense as contemplated herein. The stipulated limits of coverage above shall not be construed as a limitation of any potential liability to the City, and failure to request evidence of this insurance shall not be construed as a waiver of Developer’s obligation to provide the insurance coverage specified. INDEMNIFICATION/LIABILITY: a. To the fullest extent permitted by law, Developer 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 Developer personnel under this Agreement; (ii) any negligent acts, errors, mistakes or omissions by Developer or Developer personnel; and (iii) Developer or Developer personnel’s failure to comply with or fulfill the obligations established by this Agreement. b. Developer 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 Developer and will not indemnify or hold Developer or any third party harmless for claims based on this Agreement or use of Developer-provided supplies or services. 7. Force Majeure. Neither CGS nor DEVELOPER shall be liable to the other for any failure to perform pursuant to the terms and conditions of this Agreement to the extent such performance is prevented by an event of Force Majeure. The term “Force Majeure” shall mean causes not within the control of the party whose performance is affected, including without limitation, Acts of God, strikes, lockouts, acts of the public enemy, wars, insurrection, riots, epidemics, landslides, sinkholes, lightning, earthquakes, fires, storms, flood, washouts, explosions, breakage or non-foreseeable accidents to machinery or pipe lines, and which in each of the above cases, such party is unable to prevent or overcome by the exercise of due diligence utilizing commercially reasonable efforts, procedures and processes. The party whose performance is excused by an event of Force Majeure shall promptly notify the other party of such occurrence and its estimated duration, shall promptly remedy such event of Force Majeure, if and to the extent reasonably possible, and thereafter resume such performance as soon as possible. 8. Notices. Any and all notices sent pursuant to this Agreement shall be sent by either electronic mail, telecopy transmission (with receipt confirmation), U.S. mail, postage prepaid, return requested, or by receipted overnight national delivery service (e.g., Federal Express), and shall, if not sooner received, be deemed received three (3) business days after deposit in the United States Mail, or one business day after telecopy transmission or receipt by any national delivery service. All notices shall be addressed to each party at the address listed below unless and until such time as a party notifies the other in accordance with this Section of a change in address: “CGS” Director 777 Maple St Clearwater, FL 33755 “DEVELOPER” JEN Tampa 14, LLC 1316 Swann Avenue, Tampa Florida 33606 9. Duration. The term of this Agreement (the “Term”) shall commence upon the Effective Date and continue until the issuance of certificates of occupancy for the residences constructed upon all of the platted residential lots located within the Project. Notwithstanding any expiration or other termination of this Agreement, CGS shall remain obligated to make energy construction allowance payments, having properly accrued, to DEVELOPER as provided in Section 4 hereof. 10. Failure to Meet the Minimum. DEVELOPER acknowledges that CGS is making a substantial investment in installing the System as provided in this Agreement. In the event DEVELOPER fails to construct at least eighty percent (80%) of the residences (residences) of the Project as Gas Compliant Residences, CGS will suffer substantial damages that will be difficult to ascertain. DEVELOPER therefore agrees to pay to CGS liquidated damages as set forth below to partially compensate CGS for DEVELOPER'S failure to meet its obligation hereunder. Accordingly, if the DEVELOPER fails to complete the minimum percentage of the Gas Compliant Residences during the Term of this Agreement; then, DEVELOPER shall pay to CGS liquidated damages in the amount of three-thousand five-hundred and thirty-two dollars ($3,532.00) for each residence below the minimum eighty percent (80%) requirement. 11. Remedies and Limitations. In the event of a breach of this Agreement, the non- breaching party shall, except to the extent expressly limited by the terms of this Agreement, have all rights and remedies available at law and at equity against the breaching party. Notwithstanding the foregoing, neither party shall be entitled to recover against the other consequential, incidental or punitive damages. 12. Assignment. This Agreement shall bind and inure to the benefit of the parties and their respective successors and permitted assigns. Any assignment of this Agreement by either party shall require the prior written consent of the other party, which consent shall not be unreasonably withheld. 13. Miscellaneous. This Agreement shall be subject to all applicable laws, rules, orders, permits, and regulations of any federal, state, or local governmental authority having jurisdiction over the parties, their facilities, or the transactions contemplated. This Agreement shall be interpreted and construed in accordance with the laws of the State of Florida. In the event of litigation between the parties hereto arising out of or in connection with this Agreement, each party shall bear its own attorneys' fees and costs. This Agreement constitutes the entire understanding and agreement between the parties and supersedes any and all prior negotiations, understandings or agreements. Except as provided above, this Agreement shall be binding upon, and shall inure to the benefit of the parties hereto, and their respective successors and assigns. This Agreement may be amended, modified or extended only by a written instrument signed by both parties. No failure to exercise, delay in exercising, or single or partial exercise of any right, power or remedy by either party shall constitute a waiver of, or shall preclude any other or further exercise of, the same or any other right, power or remedy. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of this Agreement or the application thereof to any party hereto or circumstance is prohibited by or invalid under applicable law, that provision shall be effective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement or the application of the same. This Agreement may be executed in any number of counterparts, and all the counterparts taken together shall be deemed to constitute one (1) and the same instrument. The captions, headings, titles, and subtitles herein are inserted for convenience of reference only and are to be ignored in any construction of the provisions of this Agreement. Any exhibit attached to this Agreement is incorporated by reference herein. Nothing contained herein shall be construed as a joint venture, partnership or any other similar relationship between CGS and DEVELOPER. Nothing in this Agreement shall be construed as creating any rights, benefits or interests in a person or group that is not a party to this Agreement. [Signatures begin on following page] IN WITNESS WHEREOF, the parties hereto have caused this DEVELOPER Agreement (Natural Gas) to be signed by their respective duly authorized officers as of the date first above written. Countersigned: CITY OF CLEARWATER, FLORIDA ___________________________ By: _____________________________ Bruce Rector Jennifer Poirrier Mayor City Manager Approved as to form: Attest: ___________________________ _________________________________ David Margolis Rosemarie Call City Attorney City Clerk Agreed to and accepted by: JEN Tampa 14, LLC, a Florida Limited Liability company By: Name Printed: Title: EXHIBIT A THAT PORTION OF BLUEBERRY FARM PCL LYING IN SECS 19 & 30 DESC AS COM AT NW COR OF SEC 29 TH ALG WLY BDY OF SEC 29 S00DEG 11'05"W 528.99 FT FOR POB TH S74DEG 00'00"E 436.20 FT TO EAST BDY OF WEST 420.00 FT OF NORTH 1/2 OF NW1/4 OF SEC 29 TH S00DEG 12'20"W 680.0 FT TO SE COR OF SAID WEST 420.00 FT OF NORTH 1/2 OF NW1/4 OF SEC 29 TH N89DEG 08'07"W 419.47 FT TO SW COR THEREOF TH N89DEG 00'37"W 2618.75 FT TH N89DEG 00'59"W 797.24 FT TO ELY BDY OF 295 FT WIDE FLORIDA POWER CORP R/W TH N34DEG 08'40"E 1662.86 FT TH S55DEG 51'20"E 331.93 FT TH S89DEG 04' 06"E 1985.52 FT TH S28DEG 00' 00"E 478.69 FT TO PB OR 9013 PG 1308 LESS ALL PORTIONS DESC IN OR 11132 PG 1098 & LESS POR LYING NW OF OR 11132 PG 1098 & LESS POR LYING N OF THE W HALF OF OR 11132 PG 1098 & LESS POR DESC AS PARCEL 1 & PARCEL 2 IN OR 11229 PG 1463 Parcel # 30-26-17-0000-00200-0030 EXHIBIT B Easement Return to: CGS Energy 777 Maple St Clearwater, Fl. 33755 ________________ COUNTY Parcel I. D. No. FOR AND IN CONSIDERATION of the sum of Ten Dollars ($10.00) in hand paid, the receipt and sufficiency of which is hereby acknowledged, and the benefits to be derived therefrom, , whose post office address is (“Grantor”) does hereby grant and convey to the CITY OF CLEARWATER, FLORIDA, a Florida Municipal Corporation (“Grantee”), and its successors and assigns, a non- exclusive, limited purpose easement over, under and across the following described land lying and being situate in the County of Pasco, State of Florida, to wit: As more particularly described and depicted in EXHIBIT “A” appended hereto and by this reference made a part hereof (“Easement Premises”) This easement is for gas main and appurtenant utilities (“Service Facilities”) installation and maintenance only. Grantee shall have the right to enter upon the Easement Premises to construct, install, maintain and reconstruct the Service Facilities located therein, and to inspect and alter same from time to time. Grantee shall be solely responsible for obtaining all governmental and regulatory permits required to exercise the rights granted herein. Grantee covenants and agrees with Grantor that it shall maintain reasonable access to Grantor’s facilities at all times during the exercise of rights granted herein for Grantor, and Grantor’s guests and invitees, and that it shall promptly restore the Easement Premises and any affected areas surrounding the Easement Premises upon completion of any project undertaken in the exercise of these rights to at least the same quality of condition that existed as of the date Grantee first exercised any of its rights hereunder. Grantee further represents and warrants that it shall diligently pursue the completion of all work related to this project and complete all matter in a timely manner. Grantor warrants and covenants with Grantee that it is the owner of fee simple title in and to the herein described Easement Premises, and that Grantor has full right and lawful authority to grant and convey this easement to Grantee, and that Grantee shall have the non-exclusive, limited purpose quiet and peaceful possession, use and enjoyment of this easement. It is expressly understood that Grantor reserves all rights of ownership of the Easement Premises not inconsistent with the easement rights granted herein. In the event Grantor, its successors or assigns, should ever determine it necessary to relocate the Service Facilities constructed within the Easement Premises to facilitate further development or redevelopment of the property encumbered hereby; then Grantor, its successors or assigns, in consultation with and upon approval of Grantee (which consent shall not be unreasonably withheld), shall provide an alternate easement for Grantee’s Service Facilities, and shall at Grantor’s sole cost and expense reconstruct the Service Facilities within the alternate easement. Upon completion of the Service Facilities relocation Grantee shall cause this easement to be vacated and evidence of vacation duly recorded in the public records of Pasco County, Florida. This easement is binding upon the Grantor, the Grantee, their heirs, successors and assigns. The rights granted herein shall be perpetual and irrevocable and shall run with the land, except by the written mutual agreement of both parties, or by abandonment of the Easement Premises by Grantee. GAS MAIN & UTILITIES EASEMENT IN WITNESS WHEREOF, the undersigned grantor has caused these presents to be duly executed this _ day of , 20____. Signed, sealed and delivered In the presence of: By: WITNESS signature Print name Print Witness Name By: WITNESS signature Print Witness Name STATE OF : COUNTY OF : : ss Print name Before me, the undersigned authority, personally appeared , who executed the foregoing instrument, who acknowledged the execution thereof to be their free act and deed for the use and purposes herein set forth, and who [ ] are personally known to me, or who [ ] produced as identification. My commission expires: Notary Public - State of Florida Type/Print Name EXHIBIT B1 [Here insert descriptions of platted road rights of way] EXHIBIT C Energy Conservation Allowance Plan CGS agrees to pay to DEVELOPER an energy conservation allowance payment for each residence constructed within the Project and that has qualified for payment based on following installation schedule (“Energy Conservation Allowance Payment”): Gas Tankless Hot Water Heater $ 550.00 Gas Tank Water Heater $ 350.00 Gas Home Heating System $ 725.00 Piping to Gas Range $ 150.00 Piping to Gas Dryer $ 100.00 The total maximum energy conservation amount payable $1,525.00 DEVELOPER shall deliver a written request for payment of an Energy Conservation Allowance Payment to CGS within 90 days of issuance of a certificate of occupancy for each applicable qualified residence. DEVELOPER shall submit such written requests in the form and manner reasonably prescribed by CGS. Any request for an Energy Conservation Allowance Payment that is submitted after 90 days following the issuance of a certificate of occupancy for a particular residence may not be honored. CLEARWATER GAS SYSTEM/CITY OF CLEARWATER /CGS ENERGY DEVELOPER AGREEMENT FOR NATURAL GAS DISTRIBUTION SERVICE This Agreement is entered into this day of , 20 ,____, between the City of Clearwater, Florida, a municipal corporation organized and existing under the laws of the State of Florida, d/b/a Clearwater Gas System, CGS Energy, hereinafter called the "CGS" and ,_______________, a ___________ company, hereinafter called the "DEVELOPER". corporation, hereinafter called the "DEVELOPER". RECITALS A. DEVELOPER is developing land for sale and plans to include, among other things, approximately ( )______________ (___) platted lots for single family homes (the “Project”) to be known as ,______________ located in Section 8, Township 27S, Range 16, Pinellas________ County, Florida, as more particularly described in Exhibit “A” attached hereto and incorporated herein, and as will be recorded in the Official Records of the Clerk of the Circuit Court, Pinellas _____ County, Florida. B. DEVELOPER, for itself and on behalf of the future owners of residences in the Project, desires to have natural gas service available within the Project. C. CGS desires to install a natural gas distribution system within the Project, at its expense, upon completion of and final approval of CGS’S feasibility report and DEVELOPER has agreed to engage CGS to install such a system within the Project, pursuant to the terms and conditions hereinafter set forth. NOW, THEREFORE, in consideration of the mutual covenants set forth herein, and for other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, CGS and DEVELOPER hereby agree as follows. 1. Recitals. The foregoing Recitals are true and correct and are incorporated in and form a part of this Agreement. 2. Gas Distribution System. 2.1 Installation of Gas Distribution System. CGS agrees to design and install a natural gas distribution system within the Project, including all necessary distribution lines, meters and ancillary facilities (collectively, the "System") necessary to provide natural gas service up to the meter of each residence constructed during the term of this Agreement as a Gas Compliant Residence in conformity with Section 3. The design of the System shall be subject to DEVELOPER’s review and approval prior to CGS’s commencement of construction thereof, for purposes of integration of the System into the Project. CGS shall control design of the System for gas operations purposes. The System does not include any facilities past the meter and CGS has no obligation to install or maintain such "behind the meter" facilities. DEVELOPER and CGS agree to reasonably cooperate with respect to the design and construction of the Project infrastructure, including without limitation, the System. Such cooperation shall include, without limitation, providing responses to requests for information required for development permits, plat approvals, and similar authorizations within fourteen (14) days of either parties’ receipt of a request for any such information from the other party. The parties agree to use all commercially reasonable efforts to cause the System to be designed and constructed in coordination with the other Project infrastructure, so that (i) commencement of construction of the System can commence in concert with the commencement of construction of the other Project infrastructure; and (ii) each phase of System can be completed simultaneous with completion of the other infrastructure located within the same phase of the Project. 2.2 Preparation for Installation and Easements. DEVELOPER represents that it owns and has legal title to the real property on which the Project will be constructed and has the authority to develop the Project and to enter into this Agreement. DEVELOPER shall provide or cause to be provided to CGS, and its employees, agents and subcontractors, adequate physical and legal access including recorded, assignable non-exclusive easements and/or rights of way to all reasonably necessary areas of the Project in substantially the form attached hereto and incorporated herein as Exhibit “B”, and/or by recorded, platted easements, all as reasonably necessary for the installation, operation, maintenance, repair and replacement of the System. With respect to such easements, DEVELOPER shall secure the consent and joinder of all necessary parties. DEVELOPER reserves the right to relocate any easement made available hereunder if necessary for the development of the Project, provided that construction of the portion of the System subject to any such relocated easement has not yet been commenced, and suitable easements and access for the System to all portions of the Project are maintained and provided. In the event that DEVELOPER desires to modify any easement relating to any portion of the System after installation, then DEVELOPER must obtain CGS’S advance written consent to any easement modification, such consent not to be unreasonably withheld, and DEVELOPER shall reimburse CGS for design, materials, construction and other costs associated with any relocation of the System and shall provide reasonably acceptable substitute easements. 2.3 Installation Schedule. CGS agrees to cooperate with DEVELOPER with respect to the construction of the System and to use commercially reasonable efforts to minimize interference with DEVELOPER’S construction of the Project. If so requested, CGS shall furnish System plans, excepting any proprietary information, to DEVELOPER. DEVELOPER agrees to establish and reasonably manage a Project construction schedule that provides CGS with reasonably sufficient time and access to construct the System within the Project. 2.4 Ownership of Gas Distribution System. The components of the System located on the supply side of each gas meter (and including each such meter) shall remain the exclusive property of CGS at all times during and following the expiration or earlier termination of this Agreement. CGS’S operation of the System is not governed by the terms of this Agreement; rather, CGS shall operate the System in accordance with the City of Clearwater’s Code of Ordinances, City policy and the requirements of applicable regulations and law. In the event the Project is not completed and/or the gas facilities and service are for any reason abandoned by DEVELOPER or its successors, and the System, or any part thereof, is no longer required to serve the Project, CGS may at its election remove readily removable, non-essential components of the System, purge and cap any components to be left in place, and restore any disrupted surface areas of the Project. components of the System, purge and cap any components to be left in place, and restore any disrupted surface areas of the Project. 3. Gas Appliance Requirements. In recognition of the substantial investment made by CGS in constructing the System, DEVELOPER agrees that _____ percent ( %)(__%) of the homes in the Project will be built with an energy efficient gas furnace, an energy efficienta gas water heater or gas home heating system, and a secondary gas piping to the gas range and gas dryer locationsappliance (“Gas Compliant Residences”)”). In consideration of DEVELOPER constructing the Gas Compliant Residences, DEVELOPER will be entitled to an Energy Conservation Allowance as defined and provided for in paragraph 4. DEVELOPER agrees that each "MODEL" residence in the Project will be a Gas Compliant Residence. These appliances must be connected or have the necessary gas piping to connect to the appliance at the time the Certificate of Occupancy is issued. Further, DEVELOPER agrees to make a reasonable effort to utilize natural gas and natural gas appliances and equipment in common areas of the Project such as community club houses, community fitness centers, community pools, street lamps, community laundries and central water heating systems. Additionally, DEVELOPER agrees to make a reasonable effort to require natural gas for any commercial portions of the Project where economically feasible and as applicable. For purposes of this Agreement, a “Gas Compliant Residence” shall be defined as those homes constructed with an energy efficient, natural gas water heater and the necessary piping to permit the installation of an energy efficient, pilotless, natural gas range and natural gas clothes dryer. 4. Energy Conservation Allowance. DEVELOPER may be entitled to Energy Conservation Allowance payments for each home constructed in the Project that meets the requirements of CGS’SCGS Energy Conservation Allowance Program (the “Program”), as may be amended from time to time by the Clearwater City Council. A summary of the allowance payments presently allowed under the Program is attached hereto as Exhibit “C”. In the event the Clearwater City Council rules or otherwise determines that the energy conservation allowance payments referenced above, or any portion thereof, may not be recovered by CGS through the Energy Conservation Adjustment, or that the entitlements under the Program shall be changed, then CGS’S obligation to thereafter make said allowance payments will be bound by such City Council directive and, as such, said allowance payments shall be adjusted to conform to such Council directive or terminate, as applicable, upon completion of construction of any homes then under construction in the Project (which homes shall remain eligible for allowance payments without such adjustment). During the term of this Agreement, CGS shall have the right to inspect any residence for which a claim for an allowance has been made, at reasonable times and upon notice to DEVELOPER and the applicable landowner. DEVELOPER shall be entitled to the Energy Conservation Allowance upon verification that the requirements of each Gas Compliant Residence have been met and a Certificate of Occupancy has been issued for that Residence. 5. Insurance Requirements for City/CGS: The City/CGS shall, at its own cost and expense, acquire and maintain during the term with the Developer, through self-insurance, insurance, and/or excess insurance, sufficient insurance to adequately protect the respective interest of the parties. Purchased insurance coverage shall be obtained with a carrier having an AM Best Rating of A-VII or better. Specifically the City/CGS must carry the following minimum types and amounts of insurance on an occurrence basis or in the case of coverage that cannot be obtained on an occurrence basis, then coverage can be obtained on a claims-made basis with a minimum three (3) year tail following the termination or expiration of this Agreement: a. Commercial General Liability Insurance coverage, including products/completed operations, in the minimum amount of $1,000,000 (one million dollars) per occurrence and $2,000,000 (two million dollars) general aggregate. b. Commercial Automobile Liability Insurance coverage, including property damage liability and bodily injury liability, for any owned, non-owned, hired or borrowed automobile is required in the minimum amount of $1,000,000 (one million dollars) combined single limit. c. Unless waived by the State of Florida, 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 $1001,000,000 (one hundred thousandmillion dollars) each employee each accident, $1001,000,000 (one hundred thousandmillion dollars) each employee by disease and $5001,000 (five hundred thousand,000 (one million dollars) aggregate by disease with benefits afforded under the laws of the State of Florida. Coverage should include Voluntary Compensation, Jones Act, and U.S. Longshoremen’s and Harbor Worker’s Act coverage where applicable. Coverage must be applicable to employees and volunteers, if any. The above insurance limits may be achieved by a combination of primary and umbrella/excess liability policies. Other Insurance Provisions for City/CGS: a. Prior to the execution of this Agreement/Contract, and then annually upon the anniversary date(s) of the insurance policy’s renewal date(s) for as long as this Agreement/Contract remains in effect, the City/CGS will furnish the Developer with a Letter of Self-Insurance (SIGNED by the Risk Manager), and/or Certificate of Insurance(s) (using appropriate ACORD certificate, SIGNED by the Issuer) evidencing all of the coverage set forth. Developer understandsacknowleges that Developer will not be named as an “Additional Insured” on any of City/CGS coverages. When requested in writing from the Developer, City/CGS will provide the Developer with certified copies of all applicable policies. The address where such certificates and certified policies shall be sent or delivered is as follows: _________________ _________________ _________________ b.a. City/CGS shall provide thirty (30) days written notice of any cancellation, non-renewal, termination, material change or reduction in coverage. c.b. City/CGS’s insurance as outlined above shall be primary and non-contributory coverage for City/CGS’s negligence. d.c. Developer agrees that nothing contained herein shall be construed as a waiver of any sovereign immunity from, or limitation of, liability the City/CGS may be entitled to under the doctrine of sovereign immunity, or §768.28, Florida Statutes. Furthermore, this provision is not intended to nor shall it be interpreted as limiting or in any way affecting any defenses the City/CGS may have under §768.28, Florida Statutes or as consent to be sued by third parties. e. City/CGS reserves the right to appoint legal counsel to provide for City/CGS’s defense of any and all claims that may arise related to this Agreement, work performed under this Agreement, or to city/CGS’s design, equipment, or service. City/CGS agrees that the d. Developer shall not be liable to reimburse City/CGS for any legal fees or costs as a result of City/CGS providing its defense as contemplated herein. Developer’s failure to request evidence of this insurance shall not be construed by the City/CGS as a waiver of City/CGS’s obligation to provide the insurance coverage specified. 6. Insurance Requirements for Developer: The Developer shall, at its own cost and expense, acquire and maintain (and cause any sub-developers, contractors, subcontractors, sub- subcontractors, materialmen, 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 Developer’s deductible or self-insured retention and to require that it be reduced or eliminated. Specifically, the Developer must carry the following minimum types and amounts of insurance on an occurrence basis or in the case of coverage that cannot be obtained on an occurrence basis, then coverage can be obtained on a claims-made basis with a minimum three (3) year tail following the termination or expiration of this Agreement: a. Commercial General Liability Insurance coverage, including but not limited to, bodily injury, personal injury, death, property damage, advertising liability, premises operations, products/completed operations, severability of interest, and contractual liability in the minimum amount of $1,000,000 (one million dollars) per occurrence and a. $2,000,000 (two million dollars) general aggregate. b. Commercial Automobile Liability Insurance coverage, including property damage liability and bodily injury liability, for any owned, non-owned, hired or borrowed automobile for in state travel is required in the minimum amount of $1,000,000 (one million dollars) combined single limit. c. Unless waived by the State of Florida, statutory Workers’ and proof of waiver is provided to the City, Worker's Compensation (WC) & Employer's Liability Insurance coverage in accordance with the laws of the State of for all employees engaged under the Agreement, Worker’s Compensation as required by Florida, law and Employer’s Liability Insurance in the with minimum amountlimits of $100 (a) $500,000 (one hundred thousand dollars)bodily injury each employee and each accident, $100500,000 (one hundred thousand dollars) bodily injury by disease each employee by disease, and $500,000 (five hundred thousand dollars) aggregatebodily injury by disease with benefits afforded under the laws of the State of Florida. policy limit for quotes or agreements valued at $50,000 and under or (b) $1million bodily injury each employee and each accident, $1million bodily injury by disease each employee, and $1million bodily injury by disease policy limit for formal solicitation and agreements exceeding $50,000. c. 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. WAIVER OF SUBROGATION – With regard to any policy of insurance that would pay third party losses, Developer hereby grants the City a waiver of any right to subrogation which any insurer of the Developer may acquire against the City by virtue of the payment of any loss under such insurance for liability and workers compensation coverages. Developer agrees to obtain any endorsement that may be necessary to affect such waiver, but this provision shall apply to such policies regardless of whether 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. Other Insurance Provisions for Developer: a. Prior to the execution of this Agreement/Contract, and then annually upon the anniversary date(s) of the insurance policy’s renewal date(s) for as long as this Agreement/Contract remains in effect, the Developer 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 Liability Insurance policy. In addition when requested in writing from the City, Developer 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:with respect to general and auto liability coverages. b. In addition, when requested in writing from the City, Developer 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 Clearwater Gas System Attn: CGS Energy P.O. Box 4748 Clearwater, FL 33758-4748 b.c. Developer shall provide thirty (30) days written notice of any cancellation, non-renewal, termination, material change or reduction in coverage. c.d. Developer’s insurance as outlined above shall be primary and non-contributory coverage for Developer’s negligence. d.e. Developer reserves the right to appoint legal counsel to prvideprovide for the Developer’s defense, for any and all claims that may arise related to this Agreement/Contract or, work performed under this Agreement/Contract, or to Developer’s design, equipment, or service. Developer agrees that the City/CGS shall not be liable to reimburse Developer for any legal fees or costs as a result of Developer providing its defense as contemplated herein. e. Developer shall defend, indemnify, save and hold the City/CGS, its employees, officers, or directors harmless from any and all claims, suits, judgments and liability for death, personal injury, bodily injury, or property damage, arising directly or indirectly, including legal fees, court costs, or other legal expenses; except, for such claims of, or damages resulting from, gross negligence, or willful, wanton or intentional misconduct of the City/CGS or its employees, officers, or directors or for statutory violation or punitive damages, except and to the extent the statutory violation or punitive damages are caused by, or result from, the acts or omissions of the Developer or any of the Developer’s employees, sub-developers, contractors, subcontractors, sub-subcontractors, materialmen, representatives, or agents. The stipulated limits of coverage above shall not be construed by Developer, or any of the Developer’s employees, sub-developers, contractors, subcontractors, sub-subcontractors, materialmen, representatives, or agents as a limitation of any potential liability to the City/CGS, and failure to request evidence of this insurance shall not be construed as a waiver of Developer’s or any sub-developers’, contractors’, subcontractors’, sub- subcontractors’, materialmen’s, representatives’, or agents’ obligation to provide the insurance coverage specified. INDEMNIFICATION/LIABILITY: a. To the fullest extent permitted by law, Developer 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 Developer personnel under this Agreement; (ii) any negligent acts, errors, mistakes or omissions by Developer or Developer personnel; and (iii) Developer or Developer personnel’s failure to comply with or fulfill the obligations established by this Agreement. b. Developer 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 Developer and will not indemnify or hold Developer or any third party harmless for claims based on this Agreement or use of Developer-provided supplies or services. 7. Force Majeure. Neither CGS nor DEVELOPER shall be liable to the other for any failure to perform pursuant to the terms and conditions of this Agreement to the extent such performance is prevented by an event of Force Majeure. The term “Force Majeure” shall mean causes not within the control of the party whose performance is affected, including without limitation, Acts of God, strikes, lockouts, acts of the public enemy, wars, insurrection, riots, epidemics, landslides, sinkholes, lightning, earthquakes, fires, storms, flood, washouts, explosions, breakage or non-foreseeable accidents to machinery or pipe lines, and which in each of the above cases, such party is unable to prevent or overcome by the exercise of due diligence utilizing commercially reasonable efforts, procedures and processes. The party whose performance is excused by an event of Force Majeure shall promptly notify the other party of such occurrence and its estimated duration, shall promptly remedy such event of Force Majeure, if and to the extent reasonably possible, and thereafter resume such performance as soon as possible. 8. Notices. Any and all notices sent pursuant to this Agreement shall be sent by either electronic mail, telecopy transmission (with receipt confirmation), U.S. mail, postage prepaid, return requested, or by receipted overnight national delivery service (e.g., Federal Express), and shall, if not sooner received, be deemed received three (3) business days after 8. deposit in the United States Mail, or one business day after telecopy transmission or receipt by any national delivery service. All notices shall be addressed to each party at the address listed below unless and until such time as a party notifies the other in accordance with this Section of a change in address: “CGS” Clearwater Gas System Managing Director 400 N. Myrtle Ave 777 Maple St Clearwater, FL 33755 “DEVELOPER” ______ _____________ ___________________ ___________________ 9. Duration. The term of this Agreement (the “Term”) shall commence upon the Effective Date and continue until the issuance of certificates of occupancy for the residences constructed upon all of the platted residential lots located within the Project. Notwithstanding any expiration or other termination of this Agreement, CGS shall remain obligated to make energy construction allowance payments, having properly accrued, to DEVELOPER as provided in Section 4 hereof. 10. Failure to Meet the Minimum. DEVELOPER acknowledges that CGS is making a substantial investment in installing the System as provided in this Agreement. In the event DEVELOPER fails to construct at least _____ percent ( %)(__%) of the residences ( residences) of the Project as Gas Compliant Residences, CGS will suffer substantial damages that will be difficult to ascertain. DEVELOPER therefore agrees to pay to CGS liquidated damages as set forth below to partially compensate CGS for DEVELOPER'S failure to meet its obligation hereunder. Accordingly, if the DEVELOPER fails to complete the minimum percentage of the Gas Compliant Residences during the Term of this Agreement; then, DEVELOPER shall pay to CGS liquidated damages in the amount of Dollars ($ ._____________________ ($______.00) for each residence below the minimum _____ percent ( %)(__%) requirement. 11. Remedies and Limitations. In the event of a breach of this Agreement, the non- breaching party shall, except to the extent expressly limited by the terms of this Agreement, have all rights and remedies available at law and at equity against the breaching party. Notwithstanding the foregoing, neither party shall be entitled to recover against the other consequential, incidental or punitive damages. 12. Assignment. This Agreement shall bind and inure to the benefit of the parties and their respective successors and permitted assigns. Any assignment of this Agreement by either party shall require the prior written consent of the other party, which consent shall not be unreasonably withheld. 13. Miscellaneous. This Agreement shall be subject to all applicable laws, rules, orders, permits, and regulations of any federal, state, or local governmental authority having jurisdiction over the parties, their facilities, or the transactions contemplated. This Agreement shall be interpreted and construed in accordance with the laws of the State of Florida. In the event of litigation between the parties hereto arising out of or in connection with this Agreement, each party shall bear its own attorneys' fees and costs. This Agreement constitutes the entire understanding and agreement between the parties and supersedes any and all prior negotiations, 13. understandings or agreements. Except as provided above, this Agreement shall be binding upon, and shall inure to the benefit of the parties hereto, and their respective successors and assigns. This Agreement may be amended, modified or extended only by a written instrument signed by both parties. No failure to exercise, delay in exercising, or single or partial exercise of any right, power or remedy by either party shall constitute a waiver of, or shall preclude any other or further exercise of, the same or any other right, power or remedy. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of this Agreement or the application thereof to any party hereto or circumstance is prohibited by or invalid under applicable law, that provision shall be effective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement or the application of the same. This Agreement may be executed in any number of counterparts, and all the counterparts taken together shall be deemed to constitute one (1) and the same instrument. The captions, headings, titles, and subtitles herein are inserted for convenience of reference only and are to be ignored in any construction of the provisions of this Agreement. Any exhibit attached to this Agreement is incorporated by reference herein. Nothing contained herein shall be construed as a joint venture, partnership or any other similar relationship between CGS and DEVELOPER. Nothing in this Agreement shall be construed as creating any rights, benefits or interests in a person or group that is not a party to this Agreement. [Signatures begin on following page] IN WITNESS WHEREOF, the parties hereto have caused this DEVELOPER Agreement (Natural Gas) to be signed by their respective duly authorized officers as of the date first above written. Approved and accepted by: CITY OF CLEARWATER, FLORIDA By: _ Charles S. Warrington, Jr. By: Brian Langille Gas System ManagingExecutive Director Agreed to and accepted by: a corporation ___________________________, a,________ ___________________company By: Name Printed: Title: ________________________________ EXHIBIT A Legal Description of Project EXHIBIT B Easement Return to: Chuck Lane Engineering Department City of Clearwater P. O. Box 4748 CGS Energy 777 Maple St Clearwater, Fl. 33758- 474833755 PASCO________________ COUNTY Parcel I. D. No. FOR AND IN CONSIDERATION of the sum of Ten Dollars ($10.00) in hand paid, the receipt and sufficiency of which is hereby acknowledged, and the benefits to be derived therefrom, , whose post office address is (“Grantor”) does hereby grant and convey to the CITY OF CLEARWATER, FLORIDA, a Florida Municipal Corporation (“Grantee”), and its successors and assigns, a non-exclusive, limited purpose easement over, under and across the following described land lying and being situate in the County of Pasco, State of Florida, to wit: As more particularly described and depicted in EXHIBIT “A” appended hereto and by this reference made a part hereof (“Easement Premises”) This easement is for gas main and appurtenant utilities (“Service Facilities”) installation and maintenance only. Grantee shall have the right to enter upon the Easement Premises to construct, install, maintain and reconstruct the Service Facilities located therein, and to inspect and alter same from time to time. Grantee shall be solely responsible for obtaining all governmental and regulatory permits required to exercise the rights granted herein. Grantee covenants and agrees with Grantor that it shall maintain reasonable access to Grantor’s facilities at all times during the exercise of rights granted herein for Grantor, and Grantor’s guests and invitees, and that it shall promptly restore the Easement Premises and any affected areas surrounding the Easement Premises upon completion of any project undertaken in the exercise of these rights to at least the same quality of condition that existed as of the date Grantee first exercised any of its rights hereunder. Grantee further represents and warrants that it shall diligently pursue the completion of all work related to this project and complete all matter in a timely manner. Grantor warrants and covenants with Grantee that it is the owner of fee simple title in and to the herein described Easement Premises, and that Grantor has full right and lawful authority to grant and convey this easement to Grantee, and that Grantee shall have the non-exclusive, limited purpose quiet and peaceful possession, use and enjoyment of this easement. It is expressly understood that Grantor reserves all rights of ownership of the Easement Premises not inconsistent with the easement rights granted herein. In the event Grantor, its successors or assigns, should ever determine it necessary to relocate the Service Facilities constructed within the Easement Premises to facilitate further development or redevelopment of the property encumbered hereby; then Grantor, its successors or assigns, in consultation with and upon approval of Grantee (which consent shall not be unreasonably withheld), shall provide an alternate easement for Grantee’s Service Facilities, and shall at Grantor’s sole cost and expense reconstruct the Service Facilities within the alternate easement. Upon completion of the Service Facilities relocation Grantee shall cause this easement to be vacated and evidence of vacation duly recorded in the public records of Pasco County, Florida. GAS MAIN & UTILITIES EASEMENT This easement is binding upon the Grantor, the Grantee, their heirs, successors and assigns. The rights granted herein shall be perpetual and irrevocable and shall run with the land, except by the written mutual agreement of both parties, or by abandonment of the Easement Premises by Grantee. IN WITNESS WHEREOF, the undersigned grantor has caused these presents to be duly executed this _ day of , 2014.20____. Signed, sealed and delivered In the presence of: By: WITNESS signature Print name Print Witness Name By: WITNESS signature Print Witness Name STATE OF : COUNTY OF : : ss Print name Before me, the undersigned authority, personally appeared , who executed the foregoing instrument, who acknowledged the execution thereof to be their free act and deed for the use and purposes herein set forth, and who [ ] are personally known to me, or who [ ] produced as identification. My commission expires: Notary Public - State of Florida Type/Print Name EXHIBIT B1 [Here insert descriptions of platted road rights of way] EXHIBIT C Energy Conservation Allowance Plan CGS agrees to pay to DEVELOPER an energy conservation allowance payment for each residence constructed within the Project and that has qualified for payment based on following installation schedule (“Energy Conservation Allowance Payment”): Energy Efficient Gas Tankless Hot Water Heater $ .___.00 Energy Efficient Gas Tank Water Heater $ .___.00 Gas Home Heating System $ ___.00 Piping to Energy Efficient Pilotless Gas Range $ .___.00 Piping to Energy Efficient Gas Dryer $ .___.00 The total maximum energy conservation amount payable on each Home that conforms to the schedule above $ . $___.00 DEVELOPER shall deliver a written request for payment of an Energy Conservation Allowance Payment to CGS within 90 days of issuance of a certificate of occupancy for each applicable qualified residence. DEVELOPER shall submit such written requests in the form and manner reasonably prescribed by CGS. Any request for an Energy Conservation Allowance Payment that is submitted after 90 days following the issuance of a certificate of occupancy for a particular residence may not be honored. CITY OF CLEARWATER/CGS ENERGY DEVELOPER AGREEMENT FOR NATURAL GAS DISTRIBUTION SERVICE This Agreement is entered into this day of , 20____, between the City of Clearwater, Florida, a municipal corporation organized and existing under the laws of the State of Florida, d/b/a CGS Energy, hereinafter called "CGS" and _______________, a ___________ company, hereinafter called the "DEVELOPER". RECITALS A. DEVELOPER is developing land for sale and plans to include, among other things, approximately ______________ (___) platted lots for single family homes (the “Project”) to be known as ______________ located in ________ County, Florida, as more particularly described in Exhibit “A” attached hereto and incorporated herein, and as will be recorded in the Official Records of the Clerk of the Circuit Court, _____ County, Florida. B. DEVELOPER, for itself and on behalf of the future owners of residences in the Project, desires to have natural gas service available within the Project. C. CGS desires to install a natural gas distribution system within the Project, at its expense, upon completion of and final approval of CGS’S feasibility report and DEVELOPER has agreed to engage CGS to install such a system within the Project, pursuant to the terms and conditions hereinafter set forth. NOW, THEREFORE, in consideration of the mutual covenants set forth herein, and for other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, CGS and DEVELOPER hereby agree as follows. 1. Recitals. The foregoing Recitals are true and correct and are incorporated in and form a part of this Agreement. 2. Gas Distribution System. 2.1 Installation of Gas Distribution System. CGS agrees to design and install a natural gas distribution system within the Project, including all necessary distribution lines, meters and ancillary facilities (collectively, the "System") necessary to provide natural gas service up to the meter of each residence constructed during the term of this Agreement as a Gas Compliant Residence in conformity with Section 3. The design of the System shall be subject to DEVELOPER’s review and approval prior to CGS’s commencement of construction thereof, for purposes of integration of the System into the Project. CGS shall control design of the System for gas operations purposes. The System does not include any facilities past the meter and CGS has no obligation to install or maintain such "behind the meter" facilities. DEVELOPER and CGS agree to reasonably cooperate with respect to the design and construction of the Project infrastructure, including without limitation, the System. Such cooperation shall include, without limitation, providing responses to requests for information required for development permits, plat approvals, and similar authorizations within fourteen (14) days of either parties’ receipt of a request for any such information from the other party. The parties agree to use all commercially reasonable efforts to cause the System to be designed and constructed in coordination with the other Project infrastructure, so that (i) commencement of construction of the System can commence in concert with the commencement of construction of the other Project infrastructure; and (ii) each phase of System can be completed simultaneous with completion of the other infrastructure located within the same phase of the Project. 2.2 Preparation for Installation and Easements. DEVELOPER represents that it owns and has legal title to the real property on which the Project will be constructed and has the authority to develop the Project and to enter into this Agreement. DEVELOPER shall provide or cause to be provided to CGS, and its employees, agents and subcontractors, adequate physical and legal access including recorded, assignable non-exclusive easements and/or rights of way to all reasonably necessary areas of the Project in substantially the form attached hereto and incorporated herein as Exhibit “B”, and/or by recorded, platted easements, all as reasonably necessary for the installation, operation, maintenance, repair and replacement of the System. With respect to such easements, DEVELOPER shall secure the consent and joinder of all necessary parties. DEVELOPER reserves the right to relocate any easement made available hereunder if necessary for the development of the Project, provided that construction of the portion of the System subject to any such relocated easement has not yet been commenced, and suitable easements and access for the System to all portions of the Project are maintained and provided. In the event that DEVELOPER desires to modify any easement relating to any portion of the System after installation, then DEVELOPER must obtain CGS’S advance written consent to any easement modification, such consent not to be unreasonably withheld, and DEVELOPER shall reimburse CGS for design, materials, construction and other costs associated with any relocation of the System and shall provide reasonably acceptable substitute easements. 2.3 Installation Schedule. CGS agrees to cooperate with DEVELOPER with respect to the construction of the System and to use commercially reasonable efforts to minimize interference with DEVELOPER’S construction of the Project. If so requested, CGS shall furnish System plans, excepting any proprietary information, to DEVELOPER. DEVELOPER agrees to establish and reasonably manage a Project construction schedule that provides CGS with reasonably sufficient time and access to construct the System within the Project. 2.4 Ownership of Gas Distribution System. The components of the System located on the supply side of each gas meter (and including each such meter) shall remain the exclusive property of CGS at all times during and following the expiration or earlier termination of this Agreement. CGS’S operation of the System is not governed by the terms of this Agreement; rather, CGS shall operate the System in accordance with the City of Clearwater’s Code of Ordinances, City policy and the requirements of applicable regulations and law. In the event the Project is not completed and/or the gas facilities and service are for any reason abandoned by DEVELOPER or its successors, and the System, or any part thereof, is no longer required to serve the Project, CGS may at its election remove readily removable, non-essential components of the System, purge and cap any components to be left in place, and restore any disrupted surface areas of the Project. 3. Gas Appliance Requirements. In recognition of the substantial investment made by CGS in constructing the System, DEVELOPER agrees that _____ percent (__%) of the homes in the Project will be built with a gas water heater or gas home heating system, and a secondary gas appliance (“Gas Compliant Residences”). In consideration of DEVELOPER constructing the Gas Compliant Residences, DEVELOPER will be entitled to an Energy Conservation Allowance as defined and provided for in paragraph 4. DEVELOPER agrees that each "MODEL" residence in the Project will be a Gas Compliant Residence. These appliances must be connected or have the necessary gas piping to connect to the appliance at the time the Certificate of Occupancy is issued. Further, DEVELOPER agrees to make a reasonable effort to utilize natural gas and natural gas appliances and equipment in common areas of the Project such as community club houses, community fitness centers, community pools, street lamps, community laundries and central water heating systems. Additionally, DEVELOPER agrees to make a reasonable effort to require natural gas for any commercial portions of the Project where economically feasible and as applicable. 4. Energy Conservation Allowance. DEVELOPER may be entitled to Energy Conservation Allowance payments for each home constructed in the Project that meets the requirements of CGS Energy Conservation Allowance Program (the “Program”), as may be amended from time to time by the Clearwater City Council. A summary of the allowance payments presently allowed under the Program is attached hereto as Exhibit “C”. In the event the Clearwater City Council rules or otherwise determines that the energy conservation allowance payments referenced above, or any portion thereof, may not be recovered by CGS through the Energy Conservation Adjustment, or that the entitlements under the Program shall be changed, then CGS’S obligation to thereafter make said allowance payments will be bound by such City Council directive and, as such, said allowance payments shall be adjusted to conform to such Council directive or terminate, as applicable, upon completion of construction of any homes then under construction in the Project (which homes shall remain eligible for allowance payments without such adjustment). During the term of this Agreement, CGS shall have the right to inspect any residence for which a claim for an allowance has been made, at reasonable times and upon notice to DEVELOPER and the applicable landowner. DEVELOPER shall be entitled to the Energy Conservation Allowance upon verification that the requirements of each Gas Compliant Residence have been met and a Certificate of Occupancy has been issued for that Residence. 5. Insurance Requirements for City/CGS: The City/CGS shall, at its own cost and expense, acquire and maintain during the term with the Developer, through self-insurance, insurance, and/or excess insurance, sufficient insurance to adequately protect the respective interest of the parties. Purchased insurance coverage shall be obtained with a carrier having an AM Best Rating of A-VII or better. Specifically the City/CGS must carry the following minimum types and amounts of insurance on an occurrence basis or in the case of coverage that cannot be obtained on an occurrence basis, then coverage can be obtained on a claims-made basis with a minimum three (3) year tail following the termination or expiration of this Agreement: a. Commercial General Liability Insurance coverage, including products/completed operations, in the minimum amount of $1,000,000 (one million dollars) per occurrence and $2,000,000 (two million dollars) general aggregate. b. Commercial Automobile Liability Insurance coverage, including property damage liability and bodily injury liability, for any owned, non-owned, hired or borrowed automobile is required in the minimum amount of $1,000,000 (one million dollars) combined single limit. c. Unless waived by the State of Florida, 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) aggregate by disease with benefits afforded under the laws of the State of Florida. Coverage should include Voluntary Compensation, Jones Act, and U.S. Longshoremen’s and Harbor Worker’s Act coverage where applicable. Coverage must be applicable to employees and volunteers, if any. The above insurance limits may be achieved by a combination of primary and umbrella/excess liability policies. Other Insurance Provisions for City/CGS: Prior to the execution of this Agreement/Contract, and then annually upon the anniversary date(s) of the insurance policy’s renewal date(s) for as long as this Agreement/Contract remains in effect, the City/CGS will furnish the Developer with a Letter of Self-Insurance (SIGNED by the Risk Manager), Developer acknowleges that Developer will not be named as an “Additional Insured” on any of City/CGS coverages. _________________ _________________ _________________ a. City/CGS shall provide thirty (30) days written notice of any cancellation, non-renewal, termination, material change or reduction in coverage. b. City/CGS’s insurance as outlined above shall be primary and non-contributory coverage for City/CGS’s negligence. c. Developer agrees that nothing contained herein shall be construed as a waiver of any sovereign immunity from, or limitation of, liability the City/CGS may be entitled to under the doctrine of sovereign immunity, or §768.28, Florida Statutes. Furthermore, this provision is not intended to nor shall it be interpreted as limiting or in any way affecting any defenses the City/CGS may have under §768.28, Florida Statutes or as consent to be sued by third parties. d. City/CGS reserves the right to appoint legal counsel to provide for City/CGS’s defense of any and all claims that may arise related to this Agreement, work performed under this Agreement, or to city/CGS’s design, equipment, or service. City/CGS agrees that the Developer shall not be liable to reimburse City/CGS for any legal fees or costs as a result of City/CGS providing its defense as contemplated herein. Developer’s failure to request evidence of this insurance shall not be construed by the City/CGS as a waiver of City/CGS’s obligation to provide the insurance coverage specified. 6. Insurance Requirements for Developer: The Developer 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 Developer’s deductible or self- insured retention and to require that it be reduced or eliminated Specifically, the Developer must carry the following minimum types and amounts of insurance on an occurrence basis or in the case of coverage that cannot be obtained on an occurrence basis, then coverage can be obtained on a claims-made basis with a minimum three (3) year tail following the termination or expiration of this Agreement: a. Commercial General Liability Insurance coverage, including but not limited to, bodily injury, personal injury, death, property damage, advertising liability, premises operations, products/completed operations, severability of interest, and contractual liability in the minimum amount of $1,000,000 (one million dollars) per occurrence and $2,000,000 (two million dollars) general aggregate. b. Commercial Automobile Liability Insurance coverage for any owned, non-owned, hired or borrowed automobile for in state travel is required in the minimum amount of $1,000,000 (one million dollars) combined single limit. c. Unless waived by the State of Florida and proof of waiver is provided to the City, Worker's Compensation (WC) & Employer's Liability Insurance coverage for all employees engaged under the Agreement, Worker’s Compensation as required by Florida law and Employer’s Liability with minimum limits of (a) $500,000 bodily injury each employee and each accident, $500,000 bodily injury by disease each employee, and $500,000 bodily injury by disease policy limit for quotes or agreements valued at $50,000 and under or (b) $1million bodily injury each employee and each accident, $1million bodily injury by disease each employee, and $1million bodily injury by disease policy limit for formal solicitation and agreements exceeding $50,000. 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. WAIVER OF SUBROGATION – With regard to any policy of insurance that would pay third party losses, Developer hereby grants the City a waiver of any right to subrogation which any insurer of the Developer may acquire against the City by virtue of the payment of any loss under such insurance for liability and workers compensation coverages. Developer agrees to obtain any endorsement that may be necessary to affect such waiver, but this provision shall apply to such policies regardless of whether 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. Other Insurance Provisions for Developer: a. Prior to the execution of this Agreement, and then annually upon the anniversary date(s) of the insurance policy’s renewal date(s) for as long as this Agreement remains in effect, the Developer 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” with respect to general and auto liability coverages. b. In addition, when requested in writing from the City, Developer 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: CGS Energy P.O. Box 4748 Clearwater, FL 33758-4748 c. Developer shall provide thirty (30) days written notice of any cancellation, non-renewal, termination, material change or reduction in coverage. d. Developer’s insurance as outlined above shall be primary and non-contributory coverage for Developer’s negligence. e. Developer reserves the right to appoint legal counsel to provide for the Developer’s defense, for any and all claims that may arise related to Agreement, work performed under this Agreement, or to Developer’s equipment, or service. Developer agrees that the City shall not be liable to reimburse Developer for any legal fees or costs as a result of Developer providing its defense as contemplated herein. The stipulated limits of coverage above shall not be construed as a limitation of any potential liability to the City, and failure to request evidence of this insurance shall not be construed as a waiver of Developer’s obligation to provide the insurance coverage specified. INDEMNIFICATION/LIABILITY: a. To the fullest extent permitted by law, Developer 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 Developer personnel under this Agreement; (ii) any negligent acts, errors, mistakes or omissions by Developer or Developer personnel; and (iii) Developer or Developer personnel’s failure to comply with or fulfill the obligations established by this Agreement. b. Developer 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 Developer and will not indemnify or hold Developer or any third party harmless for claims based on this Agreement or use of Developer-provided supplies or services. 7. Force Majeure. Neither CGS nor DEVELOPER shall be liable to the other for any failure to perform pursuant to the terms and conditions of this Agreement to the extent such performance is prevented by an event of Force Majeure. The term “Force Majeure” shall mean causes not within the control of the party whose performance is affected, including without limitation, Acts of God, strikes, lockouts, acts of the public enemy, wars, insurrection, riots, epidemics, landslides, sinkholes, lightning, earthquakes, fires, storms, flood, washouts, explosions, breakage or non-foreseeable accidents to machinery or pipe lines, and which in each of the above cases, such party is unable to prevent or overcome by the exercise of due diligence utilizing commercially reasonable efforts, procedures and processes. The party whose performance is excused by an event of Force Majeure shall promptly notify the other party of such occurrence and its estimated duration, shall promptly remedy such event of Force Majeure, if and to the extent reasonably possible, and thereafter resume such performance as soon as possible. 8. Notices. Any and all notices sent pursuant to this Agreement shall be sent by either electronic mail, telecopy transmission (with receipt confirmation), U.S. mail, postage prepaid, return requested, or by receipted overnight national delivery service (e.g., Federal Express), and shall, if not sooner received, be deemed received three (3) business days after deposit in the United States Mail, or one business day after telecopy transmission or receipt by any national delivery service. All notices shall be addressed to each party at the address listed below unless and until such time as a party notifies the other in accordance with this Section of a change in address: “CGS” Director 777 Maple St Clearwater, FL 33755 “DEVELOPER” ___________________ ___________________ ___________________ 9. Duration. The term of this Agreement (the “Term”) shall commence upon the Effective Date and continue until the issuance of certificates of occupancy for the residences constructed upon all of the platted residential lots located within the Project. Notwithstanding any expiration or other termination of this Agreement, CGS shall remain obligated to make energy construction allowance payments, having properly accrued, to DEVELOPER as provided in Section 4 hereof. 10. Failure to Meet the Minimum. DEVELOPER acknowledges that CGS is making a substantial investment in installing the System as provided in this Agreement. In the event DEVELOPER fails to construct at least _____ percent (__%) of the residences (residences) of the Project as Gas Compliant Residences, CGS will suffer substantial damages that will be difficult to ascertain. DEVELOPER therefore agrees to pay to CGS liquidated damages as set forth below to partially compensate CGS for DEVELOPER'S failure to meet its obligation hereunder. Accordingly, if the DEVELOPER fails to complete the minimum percentage of the Gas Compliant Residences during the Term of this Agreement; then, DEVELOPER shall pay to CGS liquidated damages in the amount of _____________________ ($______.00) for each residence below the minimum _____ percent (__%) requirement. 11. Remedies and Limitations. In the event of a breach of this Agreement, the non- breaching party shall, except to the extent expressly limited by the terms of this Agreement, have all rights and remedies available at law and at equity against the breaching party. Notwithstanding the foregoing, neither party shall be entitled to recover against the other consequential, incidental or punitive damages. 12. Assignment. This Agreement shall bind and inure to the benefit of the parties and their respective successors and permitted assigns. Any assignment of this Agreement by either party shall require the prior written consent of the other party, which consent shall not be unreasonably withheld. 13. Miscellaneous. This Agreement shall be subject to all applicable laws, rules, orders, permits, and regulations of any federal, state, or local governmental authority having jurisdiction over the parties, their facilities, or the transactions contemplated. This Agreement shall be interpreted and construed in accordance with the laws of the State of Florida. In the event of litigation between the parties hereto arising out of or in connection with this Agreement, each party shall bear its own attorneys' fees and costs. This Agreement constitutes the entire understanding and agreement between the parties and supersedes any and all prior negotiations, understandings or agreements. Except as provided above, this Agreement shall be binding upon, and shall inure to the benefit of the parties hereto, and their respective successors and assigns. This Agreement may be amended, modified or extended only by a written instrument signed by both parties. No failure to exercise, delay in exercising, or single or partial exercise of any right, power or remedy by either party shall constitute a waiver of, or shall preclude any other or further exercise of, the same or any other right, power or remedy. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of this Agreement or the application thereof to any party hereto or circumstance is prohibited by or invalid under applicable law, that provision shall be effective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement or the application of the same. This Agreement may be executed in any number of counterparts, and all the counterparts taken together shall be deemed to constitute one (1) and the same instrument. The captions, headings, titles, and subtitles herein are inserted for convenience of reference only and are to be ignored in any construction of the provisions of this Agreement. Any exhibit attached to this Agreement is incorporated by reference herein. Nothing contained herein shall be construed as a joint venture, partnership or any other similar relationship between CGS and DEVELOPER. Nothing in this Agreement shall be construed as creating any rights, benefits or interests in a person or group that is not a party to this Agreement. [Signatures begin on following page] IN WITNESS WHEREOF, the parties hereto have caused this DEVELOPER Agreement (Natural Gas) to be signed by their respective duly authorized officers as of the date first above written. Approved and accepted by: CITY OF CLEARWATER, FLORIDA By: Brian Langille Gas System Executive Director Agreed to and accepted by: ___________________________, a,________ ___________________company By: Name Printed: Title: ________________________________ EXHIBIT A Legal Description of Project EXHIBIT B Easement Return to: CGS Energy 777 Maple St Clearwater, Fl. 33755 ________________ COUNTY Parcel I. D. No. FOR AND IN CONSIDERATION of the sum of Ten Dollars ($10.00) in hand paid, the receipt and sufficiency of which is hereby acknowledged, and the benefits to be derived therefrom, , whose post office address is (“Grantor”) does hereby grant and convey to the CITY OF CLEARWATER, FLORIDA, a Florida Municipal Corporation (“Grantee”), and its successors and assigns, a non- exclusive, limited purpose easement over, under and across the following described land lying and being situate in the County of Pasco, State of Florida, to wit: As more particularly described and depicted in EXHIBIT “A” appended hereto and by this reference made a part hereof (“Easement Premises”) This easement is for gas main and appurtenant utilities (“Service Facilities”) installation and maintenance only. Grantee shall have the right to enter upon the Easement Premises to construct, install, maintain and reconstruct the Service Facilities located therein, and to inspect and alter same from time to time. Grantee shall be solely responsible for obtaining all governmental and regulatory permits required to exercise the rights granted herein. Grantee covenants and agrees with Grantor that it shall maintain reasonable access to Grantor’s facilities at all times during the exercise of rights granted herein for Grantor, and Grantor’s guests and invitees, and that it shall promptly restore the Easement Premises and any affected areas surrounding the Easement Premises upon completion of any project undertaken in the exercise of these rights to at least the same quality of condition that existed as of the date Grantee first exercised any of its rights hereunder. Grantee further represents and warrants that it shall diligently pursue the completion of all work related to this project and complete all matter in a timely manner. Grantor warrants and covenants with Grantee that it is the owner of fee simple title in and to the herein described Easement Premises, and that Grantor has full right and lawful authority to grant and convey this easement to Grantee, and that Grantee shall have the non-exclusive, limited purpose quiet and peaceful possession, use and enjoyment of this easement. It is expressly understood that Grantor reserves all rights of ownership of the Easement Premises not inconsistent with the easement rights granted herein. In the event Grantor, its successors or assigns, should ever determine it necessary to relocate the Service Facilities constructed within the Easement Premises to facilitate further development or redevelopment of the property encumbered hereby; then Grantor, its successors or assigns, in consultation with and upon approval of Grantee (which consent shall not be unreasonably withheld), shall provide an alternate easement for Grantee’s Service Facilities, and shall at Grantor’s sole cost and expense reconstruct the Service Facilities within the alternate easement. Upon completion of the Service Facilities relocation Grantee shall cause this easement to be vacated and evidence of vacation duly recorded in the public records of Pasco County, Florida. This easement is binding upon the Grantor, the Grantee, their heirs, successors and assigns. The rights granted herein shall be perpetual and irrevocable and shall run with the land, except by the written mutual agreement of both parties, or by abandonment of the Easement Premises by Grantee. GAS MAIN & UTILITIES EASEMENT IN WITNESS WHEREOF, the undersigned grantor has caused these presents to be duly executed this _ day of , 20____. Signed, sealed and delivered In the presence of: By: WITNESS signature Print name Print Witness Name By: WITNESS signature Print Witness Name STATE OF : COUNTY OF : : ss Print name Before me, the undersigned authority, personally appeared , who executed the foregoing instrument, who acknowledged the execution thereof to be their free act and deed for the use and purposes herein set forth, and who [ ] are personally known to me, or who [ ] produced as identification. My commission expires: Notary Public - State of Florida Type/Print Name EXHIBIT B1 [Here insert descriptions of platted road rights of way] EXHIBIT C Energy Conservation Allowance Plan CGS agrees to pay to DEVELOPER an energy conservation allowance payment for each residence constructed within the Project and that has qualified for payment based on following installation schedule (“Energy Conservation Allowance Payment”): Gas Tankless Hot Water Heater $ ___.00 Gas Tank Water Heater $ ___.00 Gas Home Heating System $ ___.00 Piping to Gas Range $ ___.00 Piping to Gas Dryer $ ___.00 The total maximum energy conservation amount payable $___.00 DEVELOPER shall deliver a written request for payment of an Energy Conservation Allowance Payment to CGS within 90 days of issuance of a certificate of occupancy for each applicable qualified residence. DEVELOPER shall submit such written requests in the form and manner reasonably prescribed by CGS. Any request for an Energy Conservation Allowance Payment that is submitted after 90 days following the issuance of a certificate of occupancy for a particular residence may not be honored. Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#26-0055 Agenda Date: 2/19/2026 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 6.2 SUBJECT/RECOMMENDATION: Approve a purchase order to Rep Services, Inc., of Longwood, Florida for the purchase and installation of playground equipment at Montclair Park located at 1821 Montclair Road in the total amount of $192,509.44 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) SUMMARY: The existing playground has served the local community and its visitors for the past 20 years but is now in need of replacement. The materials used in the existing playground are substandard when compared to current playground construction standards. Additionally, the existing playground provides limited ADA accessibility. The new playground will meet enhanced ADA standards by offering accessible elevated and ground-level play activities, including ground-level play structures. The proposed playground equipment features an innovative design that fosters an open format playscape with engaging challenges comparable to, and in some cases exceeding, traditional playgrounds. The materials used in the proposed playground structure consist of recycled plastic and coated galvanized steel, providing corrosion resistance and UV stability. All materials are manufactured in the United States. The amenities are attractive, easy to maintain, sustainable, and anticipated to have a life cycle exceeding 20 years, resulting in long-term savings to the City through reduced maintenance costs and extended service life compared to the existing playground. The playground will also include a rubberized play surface that meets all applicable safety standards and will further reduce maintenance requirements when compared to traditional wooden mulch surfacing. The proposed pricing from Rep Services, Inc. is based on its agreement with the School Board of Manatee County under Contract No. 26-0041-MR. Rep Services, Inc. was selected as one of the awarded vendors for the replacement of park and playground equipment under this contract, which was approved by the Manatee County School District on September 1, 2025, and expires on August 31, 2030. Rep Services, Inc. has offered the City of Clearwater an additional 2% discount on the playground equipment and a 5% discount on the rubberized surfacing, resulting in additional savings of $4,521.02. In accordance with Section 2.563(1)(c), staff is requesting authorization to piggyback the School Board of Manatee County’s Contract No. 26-0041-MR for playground equipment and installation in the amount of $173,043.94. This amount includes $58,524.75 for playground equipment, $62,489.41 for rubber poured-in-place surfacing, and $52,029.78 for installation. Additionally, pursuant to Section 2.563(1)(d), non-competitive purchase, a total amount of $19,465.50 under Proposal No. 22090.06 is considered impractical to bid. This amount includes $3,400.00 for engineering services, $10,327.50 for freight, and $5,738.00 for the required bond. Upon Council approval, the Parks and Recreation Department will proceed with submitting the purchase request to Rep Services, Inc. to secure the proposed pricing. Page 1 City of Clearwater Printed on 2/18/2026 File Number: ID#26-0055 APPROPRIATION CODE AND AMOUNT: Funding is available in capital improvement project M2206, Parks & Beautification R&R, for costs associated with the playground ($127,252.53) and project C2406, Pour-in-Place Playground Surfacing, for costs associated with installation of poured in place safety surfacing ($65,256.91). These Parks and Recreation capital projects are funded by revenues from the General Fund. USE OF RESERVE FUNDS: N/A STRATEGIC PRIORITY: Funding the purchase of the new playground equipment aligns with the following City of Clearwater Strategic Plan Objectives: ·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; and ·2.3: Promote Clearwater as a premier destination for entertainment, cultural experiences, tourism, and national sporting events. 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FAILURE TOPRESENT THE PROPER BADGE AT THE TIME OF SERVICE WILL RESULT INDENIALOFSERVICE Pitts,Johnny JohnnyPittsConstruction,Inc. Whitaker,Devon Bosgraaf,John Bosgraaf,Gerald AlBosgraaf&Sons,Inc. AlBosgraaf&Sons,Inc. AlBosgraaf&Sons,Inc. Goodnight,Danny AlBosgraaf&Sons,Inc. 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1vv;7bmbu;u; bmu;o_oub;7;ru;v;mb;; 15|Page REPSERVICESINC 165WJESSUPAVE,LONGWOOD,FL32750-4146 407-831-9658 NATHANALMON PRESIDENT SALES@REPSERVICES.COM 6-30-2025 &$$ s lm7oubmh1ol s s t DD ( &"$$-m-;;;m;);vu-7;momoub7- $&- $$o7-m $; ""u-ml-m-;;v1_oovm; $$& &$ &&$$ & hDdd s d s d E dD t EdWd &$$m ddD d h d Z Z//d oub7-bbvbomoourou-bomo1lml0uvm0bou] $$(& ""/ / / dE d $"$$, $ * l0;u l-b77u;vv Rep Services, Inc. 165 W Jessup Ave. Longwood, FL 32750-4146 407-831-9658 866-232-8532 59-2978507 sales@repservices.com Nathan Almon President 05/30/2025 L25288 709954 & &$"o &$$$ /s d o/ oWt oY oWW oY ot o o o o ossZ/z oZh o$&$&$$ & &$"o $ $_;rurov;o_bvvob1b-bombvo;v-0bv_-ru;t-bb;7bvoruob7;uvou_; vrr -m7 bmv--bom o -ubov r-uh -m7 r-]uom7 ;tbrl;m bm17bm]0 mo blb;7ovbm]v;vv_-7;vu1u;vr-uhvb;umbv_bm]vr-uh0;m1_;vo7oou u-v_u;1;r-1;vo7oourb1mb1-0;v;1-m7vu-1bm]l-;ub-v $_bv0b7-rrb;vol-;ub-vo;u;7--b;77bv1omuol_;l-m-1u;uv-m7ou 0b77;uv 1uu;m 1--o] rub1; bvv -m7 bmv--bom v;ub1;v 0-v;7 om - bul b;7 r;u1;m-];l-uhro_;;tbrl;m1ov)_b;rub1;bvvl-1_-m];_;7bv1om r;u1;m-];v_-u;l-bmm1_-m];7ou_;1omu-17u-bom bmouu;r-buvv_-0;bmob1;7--m_ouu;r-buu-;rv-b;7r;u1;m-];l-uhr oul-;ub-v omu-1(-omu-1(-o]-u-m;;bv]b;moublrb;7-vo_;o-7o-u -;o_bv0b7 "r;1bb1-bomv-m7_;t-bv-m7-u7vov;ub1;v;ou_bm_bv0b7 $$ dd W dD D Z D / D D/d /d sdD /d D Z /d sdD s / dD & &$"o t / //DD W / / / W / / d D E Z sDD Z sW W/ & &$"o $$ -uom7tbrlm-m7mv--bomtbulmv ;m;u-olrb-m1;r0b1v;r-]uom7;tbrl;mlv-7_;u;o_;-;vv-m7-u7v ;v-0bv_;7 0 "$ _; 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;r-bu$;1_mb1b-mmomv-m7-u7ouhbm]_ouvom7-_uo]_ub7-rubouo-l-m7-;url-m7"-u7--m7"m7-_ouu-; $olrom;m-uv;r-1;l;mu;r-bur-uv ;u1;m-];l-uhrou;r-bul-;ub-v)_;u;-rrb1-0;*&&ol-;ub-vb0;-o;7m7b1-; _bv r;u1;m-]; bm _;vr-1; o _; ub]_ o l-uhr o v-;v --o;71oro_;b;lb;7l-;ub-vbmob1;uol_;omu-1ouvvrrb;ulv0;bm17;7b_-0bbm]vo_;"o;bmob1;vv_-0;0b;7om-l-uhr0-vbv;1;r7ubm]-7;1-u;77bv-v;umol-uhrr;ulb;7 -bll-uhr ForeverLawn 2024 3% TotTurf 2022 3% No Fault Sports Group 2022 3% Safe4Play n/a 3% DuraPlay 2022 3% IMulch n/a 3% Johnny Pitts Construction 85% Al Bosgraaf and Sons, Inc. 85% NO BID NO BID NO BID D W Recreation Services Inc. 85% & &$"o $ &$ mo11-vbombbvu;1o]mb;7_-u;m-o;tbrl;ml-0;m;1;vv-u$_bv1-;]oubvouvr;1b-u;m-;tbrl;m_-bvv;7omo11-vbommobm_;u;]-u1ouv;v;ub1;v-m7omv;7b_ rubouub;m-rruo-uol_;"1_oobvub1o-m-;;omu;ru;v;m-b;;m-bvou -1b;v;o;tbrl;m-l;moubm-1b;v;bmo0;-o;7 ;m-o;tbrl;mr;u1;m-];l-uhro1ov$_bvbv;tbrl;m_-bvv;7 om o11-vbom mo bm _; u;]-u 1ouv; o ;;1ub1- v;ub1;v *&&o1ovou;m-;tbrl;mb0;-o;7 -bll-uhr -77bbom-vr-1;bvm;;7;71oroul-vm;;7;7$$"$&"&&"$,)"$""$$$&$ $"$";vo ub1;7fvl;mv$_;bvub1l-bmbvvo;7bv1u;boml-h;-m;tb-0;-7fvl;mbm_;1omu-1;ulv-m7ourub1bm]brub1bm]ou--b-0bbovrr-u;-;1;70;u;l;-m7mou;v;;mo-bbbm_;l-uh;r-1;_-bv 01bu1lv-m1;v_-v-bv-o_;oobm]1ub;ub--$_;o-bbbv7;o1-v;v_o0;om7_;;m7ouv1omuo0$_;o-bb-;1v_;l-uh;r-1;oubm7vumofv_;r-ub1-u;m7ouvvou1;ovrr1$_;;;1omrub1bm]ou--b-0bbovrrbvv0v-mb-7$_;o-bbvo-;1v_;;m7ou_-1ombm;7r;uoul-m1;o_;1omu-1o7u;vbm v0v-mb-ovvoubm-m1b-_-u7v_br$_;7;;ulbm-bom-vo_;_;u-vb-bomu;ru;v;mv;u;l;o-bbo_;l-uh;r-1;-m7ou_;_;u_;;;1omrub1bm]ou--b-0bbbvv0v-mb-v_-0;vo;-_;7bv1u;bomo_;bvub1EKdd NO BID X & &$"o )$"(("b77;ulvv-;bmvr-1;vruob7;70;o1olr;;7;v1ubrbomvo-m-uu-mb;v]b;m0l-m-1u;u-m77;-;u$_;"-;l;mv_-bm17;--b-0bbov;ub1;u;r-bur-uv-m7bl;moul-u;tbu;7o;;1u;r-buom;tbrl;m1om-bm;7bm_;0b7u_;u_;v-;l;mv_--vobm7b1-;_obvo0;u;vromvb0;ou-mu-mvrou-bom1_-u];v_-l-0;-11u;7bm;;1bm] ;tbrl;mu;r-bub_bm_;ruobvbomvo-rrb1-0;-uu-mb;v&$&")$ ")$ $"(" ($$" "$$$$$ "")$"($"$$ See Attached warranties for Landscape Structures, Inc., SkyWays Shades, Porter Corp, DuMor Site Furnishings, ForeverLawn, TotTurf, No Fault Sports Group, DuraPlay, and Safe4Play All materials and equipment provided by Rep Services, Inc. and work performed by Rep Services,Inc. are hereby warranted to be free from defect of manufacturing or installation for a period of one (1) year from date of completion. & &$"o $$$ d d dD d Z EKd DD d & &$"o dd dD d WD d d WZ / d d d D d d WDd d & &$"o d WD d d $$&$$ D d /EZZ Y WW Y t E/ E Z s s hW/W & &$"o /dEEE/ / E E ts d DdD /d E D /yzd :d: :d D d :E D/// & &$"o s s s sD t/ s Z Ds/ Dd D DZD / d D dd DZD & &$"o $($$ ($$ -b7mob1;;l-b;7oruovr;1b;0b77;uvb-(;m7oubmh0b77bm]7o1l;mvrov;7om_;(;m7oubmh;0vb; 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Nathan Almon 05/30/2025 & &$"o &$/z zz Z W Z EW ,☐z☐E , ☐z☐E , ☐z ☐E t ☐z☐E / ☐z☐E / ☐z☐E ZW 36 36 See attached Scott Brushwood 727-539-8457 813-294-7325 scott@repservices.com X X X X X X & &$"o Ed E tW WsW Ed E tW WsW Ed E tW WsW $_1_oobvub1o-m-ombv-_oub7o1_1hou1olr-mvrubovruoul-m1-m71om-1uum1v Z The City of Clearwater 973-753-3500 Provide and install playground equipment and surfacing Craig Wilson craig.wilson@myclearwater.com $270,000 Ordered Dec. 2024 to May 2025 Brevard County School District 321-633-1000 x620 Mark Langford LangdorfM@brevard.k12.fl.us Provide and install playground equipment and surfacing May 2024 - February 2025 $400,000 Complete The City of Orlando 407-246-2212 Beth Gruber beth.gruber@cityoforlando.net Provide and install playground equipment and surfacing $450,000 Complete 2023 & &$"o $$$& / E W d KW W KWW W W d & &$"o $$$ &$ d /z ,☐z☐E , ☐z☐E , ☐z☐E t ☐z☐E / ☐z☐E / ☐z☐E d E Ed X X X X X X None Rep Services, Inc. Nathan Almon 05/30/2025 Nathan Almon, 165 W Jessup Ave. Longwood, FL 32750 JT Almon, 165 W Jessup Ave. Longwood, FL 32750 LeDonna Almon, 165 W Jessup Ave. Longwood, FL 32750 & &$"o &)$$ _;u;0v;-uou-bul_-_bv1olr-m_-v;v-0bv_;7-7u]u;;ouhr-1;ruo]u-l01olr;bm]_;oobm]u;tbu;l;mv 0bv_;7-v-;l;mmobbm];lro;;v_-_;m-l-m-1u;7bvub0bom7bvr;mvbm]rovv;vvbomouv;o-1omuo;7v0v-m1;bvruo_b0b;7bm_;ouhr-1;-m7vr;1bbm]_;-1bomv_-b0;-h;m-]-bmv;lro;;voubo-bomvov1_ruo_b0bbommoul;7 ;lro;;v -0o _; 7-m];uv o 7u] -0v; bm _; ouhr-1; _;0vbm;vvv rob1 o l-bm-bmbm]-7u]u;;ouhr-1;-m--b-0;7u]1omv;bm]u;_-0bb-bom-m7;lro;;-vvbv-m1;ruo]u-lv-m7_;r;m-b;v_-l-0;blrov;7rom;lro;;vou7u]-0v;bo-bomvb;m;-1_;lro;;;m]-];7bmruob7bm]_;1ollo7bb;vou1omu-1-v;ub1;v_--u;m7;u0b7-1oro_;v-;l;mvr;1bb;7bmv0v;1bom m_;v-;l;mvr;1bb;7bmv0v;1bommobb;7_;;lro;;v_--v-1om7bbomoouhbm]om_;1ollo7bb;v ou1omu-1- v;ub1;v _- -u; m7;u 0b7 _; ;lro;; b -0b7; 0 _; ;ulv o _; v-;l;m-m7bmob_;;lro;uo-m1omb1bomoour;-o]boumoo1om;m7;u;o-mbo-bomo1_-r;uouo-m1omuo;7v0v-m1;-o_;&mb;7"-;vou-mv-;ou-bo-bomo11uubm]bm_;ouhr-1;mo-;u_-mb;7-v-;uv1_1omb1bomlrov;7 - v-m1bom om ou u;tbu;7 _; v-bv-1ou r-ub1br-bom bm - 7u] -0v; -vvbv-m1; ou u;_-0bb-bom ruo]u-l b v1_ bv --b-0; bm _; ;lro;;v 1ollmb 0 -m ;lro;; _o bv vo1omb1;7-h;-]oo7-b_;ouo1ombm;ol-bm-bm-7u]u;;ouhr-1;_uo]_blr;l;m-bomo_bvv;1bom v_ruvom-_oub7ovbm_v-lm1ub_-_bvbul1olrbvb__-0outbulmv olr-m-l bm-uoomu-1ouv_oub7b1b- -l-m7$bubm7 - Rep Services, Inc. Nathan Almon, President 05/30/2025 & &$"o $$$$$$&$(&$&)$($$ $_bv1;ubb1-bombvu;tbu;70_;u;]-bomvblr;l;mbm]1bu7u0ulmm7vrmvbomu1bomub1brmvuvromvb0bbbv$_;u;]-bomv;u;r0bv_;7-v-u(o--u7u-ur-*$_;ruovr;1b;o;ub;ur-ub1br-m1;ubb;v0v0lbvvbomo_bvruorov-_-m;b_;ubmoubvrubm1br-v-u;ru;v;m7;0-uu;7vvr;m7;7ruorov;7ou7;0-ul;m7;1-u;7 bm;b]b0;ouom-ub;17;7uolr-ub1br-bombm_bvu-mv-1bom0-m;7;u- 7;r-ul;mou-];m1)_;u;_;ruovr;1b;o;ub;ur-ub1br-mbvm-0;o1;ubo-mo_;v-;l;mvbm _bv 1;ubb1-bom v1_ ruovr;1b; r-ub1br-m v_- --1_ -m ;r-m-bom o _bv ruorov- olr-m-l bm-uoomu-1ouv_oub7b1b- -l-m7$boomu-1ouv_oub7b1b- - oul Rep Services, Inc. Nathan Almon President 05-28-2025 & &$"o $&$$$ vb]mbm] -m7 v0lbbm] _bv oul _; ruovr;1b; o;u b;u r-ub1br-m bv ruob7bm] _;1;ubb1-bomv;oom_;u;;uv;vb7;bm-11ou7-m1;b__;v;bmvu1bomv $_;1;ubb1-bombm_bv1-v;bv-l-;ub-u;ru;v;m-bomo-1rom_b1_u;b-m1;-vr-1;7_;m_bvu-mv-1bom-v;m;u;7bmobbv-;u7;;ulbm;7_-_;ruovr;1b;o;ub;ur-ub1br-mhmobm]u;m7;u;7-m;uuom;ov1;ubb1-bombm-77bbomoo_;uu;l;7b;v--b-0; o_;;7;u-o;uml;m_;7;r-ul;mou-];m1b__b1__bvu-mv-1bomoub]bm-;7l-ruv;--b-0;u;l;7b;vbm17bm]vvr;mvbom-m7ou7;0-ul;m $_;ruovr;1b;o;ub;ur-ub1br-mv_-ruob7;bll;7b-;ub;mmob1;o_;r;uvomo_ol_bv ruorov- bv v0lb;7 b - -m bl; _; ruovr;1b; o;u b;u r-ub1br-m ;-umv _- bv1;ubb1-bom -v ;uuom;ov _;m v0lb;7 ou _-v 0;1ol; ;uuom;ov 0 u;-vom o 1_-m];71bu1lv-m1;v$_; ;ulv 1o;u;7 u-mv-1bom 7;0-uu;7 vvr;m7;7 bm;b]b0; o;u b;u 1o;u;7u-mv-1bom r-ub1br-m r;uvom rubl-u 1o;u;7 u-mv-1bom rubm1br- ruorov- om-ub;17;7-vv;7bm_bv1-v;_-;_;l;-mbm]vv;obm_;;bmbbomv-m7o;u-];v;1bomvou;vblr;l;mbm];1b;u7;uol-1om-1_;r;uvomo_b1__bvruorov-bvv0lb;7ou-vvbv-m1;bmo0-bmbm]-1oro_ov;u;]-bomv$_;ruovr;1b;o;ub;ur-ub1br-m-]u;;v0v0lbbm]_bvoul_-v_o7_;ruorov;7 1o;u;7 u-mv-1bom 0; ;m;u;7bmo b v_- mohmobm] ;m;u bmo-m o;u b;u 1o;u;7u-mv-1bomb_-r;uvom_obv7;0-uu;7vvr;m7;77;1-u;7bm;b]b0;ouom-ub;17;7uolr-ub1br-bombm_bv1o;u;7u-mv-1bomm;vv-_oub;70_;7;r-ul;mou-];m1b_ _b1__bvu-mv-1bomoub]bm-;7 $_;ruovr;1b;o;ub;ur-ub1br-mu_;u-]u;;v0v0lbbm]_bvoul_-bbbm17;_bv1-v;b;7;ubb1-bom;]-u7bm];0-ul;m"vr;mvbomm;b]b0bb-m7(om-u1vbomo;u$b;uo;u;7$u-mv-1bomvb_olo7bb1-bombm-o;ub;u1o;u;7u-mv-1bomv-m7 bm-vob1b-bomvouo;ub;u1o;u;7u-mv-1bomvr-ub1br-mbm-1o;u;7u-mv-1boml-u;rom-1;ubb1-bomo-ruovr;1b;r-ub1br-mbm-o;ub;u1o;u;7u-mv-1bom_-bbvmo7;0-uu;7vvr;m7;7bm;b]b0;ouom-ub;17;7uol_;1o;u;7u-mv-1bomm;vvbhmov_-_;1;ubb1-bombv;uuom;ovr-ub1br-ml- 7;1b7; _;l;_o7-m7 u;t;m10 _b1_b 7;;ulbm;v _; ;b]b0bbo bvrubm1br-v-1_r-ub1br-ml-0bvmou;tbu;7o1_;1h_;omruo1u;l;mbv o_bm]1om-bm;7bm_;ou;]obm]v_-0;1omvu;7ou;tbu;;v-0bv_l;mo-vv;lou;1ou7vbmou7;uou;m7;ubm]oo7-b__;1;ubb1-bomu;tbu;70_bv1-v;$_;hmo;7];-m7 bmoul-bomo-r-ub1br-mbvmou;tbu;7o;1;;7_-_b1_bvmoul-rovv;vv;70-ru7;mr;uvombm_;ou7bm-u1ouv;o0vbm;vv7;-bm]v1;rouu-mv-1bomv-_oub;7m7;ur-u-]u-r_o_;v;bmvu1bomvb-r-ub1br-mbm-1o;u;7u-mv-1bomhmobm];m;uvbmo-o;ub;u1o;u;7u-mv-1bomb_-r;uvom_obvvvr;m7;77;0-uu;7bm;b]b0;ouom-ub;17;7uolr-ub1br-bombm_bvu-mv-1bombm-77bbomoo_;uu;l;7b;v--b-0;o_;;7;u-o;uml;m_;7;r-ul;mou-];m1b__b1_ _bv u-mv-1bom oub]bm-;7 l- ruv; --b-0; u;l;7b;v bm17bm] vvr;mvbom -m7ou 7;0-ul;moul & &$"o &$,$$ _;u;0v;-u-m7-bul_--vo_;7-;0;o_bv1olr-mbvmobv;7om-"1ubmb;7olr-mb;vbv1u;-;7ruv-moououb7-"-;vuv-mooub7-"-;vu_;u-bul_-$_bv1olr-mbvmor-ub1br-bm]bm-0o1oovu-;v1__-bvmou;vbm]o7;-;ulbm-bm]0vbm;vv-1bbb;vou-hbm]o_;u-1bomvoblb1oll;u1b-u;-bomvb_vu-;our;uvomvou ;mbb;v7obm]0vbm;vvbmvu-;oubmvu-;b1omuo;7;uuboub;vbm-7bv1ublbm-oul-mm;u $_bvolr-m7o;vmo-rr;-uom_;"1ubmb;7olr-mb;vb_1bbb;vbm"7-mbv_;u; _;"-;o-u7o7lbmbvu-bom_-v;v-0bv_;7_;oobm]1ub;ub- --;-l-;ub-0vbm;vvu;-bomv_brb__;]o;uml;mo"7-mou-]o;uml;m 1u;-;7ruof;1bmobm]obu;-;7lbm;u-;u-1bomouro;u];m;u-bom-1bbb;vou 0-;-l-;ub-0vbm;vvu;-bomv_brbmobm]_;vrrolbb-u;tbrl;mou 1lr-ulbmbl-0;m;bo7bv-7-m-];71bb;mv_--u;rb1-o1-;7bm_;];o]u-r_b1 r;ubr_;uo"7-mou 7-;0;;m1olrb1bbm_;];mo1b7-1-lr-b]mbm-uu $_bvolr-m7o;vmo-rr;-uom_;"1ubmb;7olr-mb;vb_1bbb;vbm_;u-m;uo;l m;u]";1oubv_;u;_;"-;o-u7o7lbmbvu-bom_-v;v-0bv_;7_;oobm]1ub;ub- --;-l-;ub-0vbm;vvu;-bomv_brb__;]o;uml;mou-mou-]o;uml;m1u;-;7 ruof;1bmobm]obu;-;7oulbm;u-;u-1bom-1bbb;vou 0-;l-7;l-;ub-bm;vl;mvb__;;;1ovb]mbb1-m;m_-m1bm]u-mvr;uo;l v;1ou $_bvolr-mbvmo;m]-];7bm0vbm;vvor;u-bomvbm0-ou"ub- olr-m-l bm-uoomu-1ouv_oub7b1b- -l-m7$boomu-1ouv_oub7b1b- - $_;v1ubmb;71olr-mbvbvl-bm-bm;70_;"-;o-u7o7lbmbvu-bom-m7--b-0;-_rv0--1ol Rep Services, Inc. Nathan Almon President 05-28-2025 & &$"o * $$&-v-lm77$$omu-1ouv_o-rrou0b7ou-m--u7ooulou;v_-b;_;u;tbu;71;ubb1-bom-1_b;u1;ubb;vo_;b;u-0o;_-bbmo-m7_-vmov;7;7;u--rruorub-;7m7vor--mr;uvomouou]-mb-bomoubm;m1bm]ou-;lrbm]obm;m1;-mob1;uou;lro;;o-m-];m1-l;l0;uoom]u;vvob1;uou;lro;;oom]u;vvou-m;lro;;o-l;l0;uoom]u;vvbm1omm;1bomb_o0-bmbm]-m;7;u-1omu-1]u-mou-mo_;u--u71o;u;70&"-1_b;uv_--vo7bv1ov;-mo00bm]b_mom;7;u-m7v_--h;vr-1;bm1omm;1bomb_o0-bmbm]-m;7;u- --u7"1_7bv1ovu;v-u;ou-u7;7uolb;uob;uro_;u;1brb;m*$$$;ubb1-bomouomu-1vu-mvo-mv-m7oor;u-b;]u;;l;mv$o0;v0lb;7b_;-1_0b7ouo;u;1;;7bm]$_;m7;uvb]m;7omu-1ou1;ubb;vo_;0;vo_bvou_;uhmo;7];_- o;7;u--rruorub-;7m7v_-;0;;mr-b7oub0;r-b70ouom0;_-o_;m7;uvb]m;7o-mr;uvom ou bm;m1bm]ou -;lrbm] obm;m1; -mob1;u ou;lro;; o -m -];m1 - ;l0;uoom]u;vv-mob1;uou;lro;;oom]u;vvou-m;lro;;o-;l0;uoom]u;vvbm1omm;1bomb__;--u7bm]o-m;7;u-1omu-1_;l-hbm]o-m;7;u-]u-m_;l-hbm]o-m;7;u-o-m_; ;m;ubm]bmoo-m1oor;u-b; -]u;;l;m-m7_;;;mvbom1ombm-bom u;m;--l;m7l;moulo7bb1-bomo-m;7;u-1omu-1]u-mo-mou1oor;u-b;-]u;;l;m -mm7vo_;u_-m;7;u--rruorub-;7m7v_-;0;;mr-b7oub0;r-b7o-mr;uvomoubm;m1bm]ou-;lrbm]obm;m1;-mob1;uou;lro;;o-m-];m1-;l0;uoom]u;vv-mob1;uou;lro;;oom]u;vvou-m;lro;;o-;l0;uoom]u;vvbm1omm;1bomb__bv;7;u-1omu-1]u-mo-mouuu;m-vo1oor;u-b;-]u;;l;m_;m7;uvb]m;7v_-1olr;;-m7v0lb"-m7-u7oulbv1ovu;oulo;rouo00bm]bm-11ou7-m1;b_bvbmvu1bomv $_;m7;uvb]m;7v_-u;tbu;_-_;-m]-];o_bv1;ubb1-bom0;bm17;7bm_;--u77o1l;mvou-v0--u7v--b;uvbm17bm]v01omu-1vv0]u-mv -m71omu-1vm7;u]u-mvo-mv-m71oor;u-b;-]u;;l;mv-m7_--v0u;1brb;mvv_-1;ub-m77bv1ov;-11ou7bm]$_bv1;ubb1-bombv-l-;ub-u;ru;v;m-bomo-1rom_b1_u;b-m1;-vr-1;7_;m_bvu-mv-1bom-vl-7;ou;m;u;7 bmo"0lbvvbomo_bv1;ubb1-bombv-ru;u;tbvb;oul-hbm]ou;m;ubm]bmo_bvu-mv-1bomblrov;70&"-v-l;m7;70_;o00bm]bv1ovu;1omr;uvom_o-bvob;_;u;tbu;71;ubb1-bomv_-0;v0f;1o-1bbr;m-omo;vv_-m-m7molou;_-mou;-1_v1_-bu;$_;omu-1ou1;ubb;vou-bulv_;u_m;vv-m7-11u-1o;-1_v-;l;mo bv 1;ubb1-bom -m7 7bv1ovu; b -m m -77bbom _; omu-1ou m7;uv-m7v -m7 -]u;;v_- _;ruobvbomvo&";v;t-rro_bv1;ubb1-bom-m77bv1ovu;b-m olr-m-l bm-uoomu-1ouv_oub7b1b- -l-m7$boomu-1ouv_oub7b1b- Rep Services, Inc. Nathan Almon President & &$"o lrolmbb0bb(ubb1-bom( ;m;ubm]bmo-1omu-1b__;"1_oobvub1o-m-;;om-r0b1;lro;ubmoub7-oruob7;]oo7vouv;ub1;vbm;1_-m];ouv--u-];vouo_;uu;ml;u-bom_bvv;1bom-rrb;vo;ub;lrol;m;b]b0bb$_;u;ou;ruv-mo";1bomoub7-"-;v-m70;]bmmbm]-m-u;;ur0b1;lro;uomu-1ou-m7"01omu-1ouv_-u;]bv;ub_-m7v;_;&mb;7"-;v;r-ul;mool;-m7";1ubv(;ubvv;lo1-;7-_rv;;ubv1bv]o;lro;ub_;ouh-_oub-bomv-vo-m;_bu;7;lro;;v$_;-ub;vl-mo;m;ubmo-1omu-1m;vv;-1_r-uu;]bv;uvb_-m7v;v_;;7;u-(;ubvv;l $_;omu-1ou;ubb;vbv1olrb-m1;b__;(;ub"v;l0bvbm]bv(;ub"v;ll0;uom_bv7o1l;m0vb]m-u;-m7v0lbvvbomo_bv1omu-1-vv;uvb7o;vmo_bu;-m;lro;;v-m7bbvmo-mm-_oub;7-b;m-v7;bm;70_bvv-; $_;omu-1oubu;tbu;-"01omu-1ouv_oouhom_bv1omu-1ov;_;(;ub"v;lou-mv01omu-1;7;lro;;v_bu;77ubm]_bv1omu-1$_;omu-1oub;ub"01omu-1ouv1olrb-m1;b_ -m -b7-b v-bm] _;_;u _; "01omu-1ou v;v _; (;ub "v;l -v ;b7;m1;7 0"01omu-1ouv(;ub"v;ll0;uou_-_;"01omu-1oubvmo-mm-_oub;7-b;m-m77o;vmo;lro1omu-1b_ouv01omu-1b_m-_oub;7-b;mv7;bm;70_bvv-;$_;omu-1ou bl-bm-bm-m7ruob7;_;"01omu-1ouv-b7-bvo_;"1_oobvub1omu;t;v7ubm]_bv1omu-1$;ulbm-bom)b_]oo7-b_0;b;_-_;omu-1ouhmobm]bo-;7_bvv;1bom_;"1_oobvub1 b;ulbm-;_;1omu-1u_;ub_]oo7-b_0;b;;_-_;"01omu-1ouhmobm]bo-;7_bvv;1bom _; "1_oo bvub1 b ruolr mob _; omu-1ou -m7 _; omu-1ou b bll;7b-;;ulbm-;_;omu-1ouv1omu-1b__;"01omu-1ou1omu-1;ulbm-;7oumom1olrb-m1;b_(;ubbvmo-0u;-1_o1omu-1-m7l-mo0;1omvb7;u;7-vv1_ $o_;;;mu;tbu;70-rrb1-0;-_;omu-1oubvb-0;ou-m-77bbom-1ovvbm1uu;70_;"1_oobvub1u;vbm]uol--bu;o1olrb_(;ub77bbom-1ovvl-bm17;0-u;moblb;7o_b]_;u1ovvou_;v-l;v;ub1;v-m7u;0b77bm]1ovvbm;1;vv-ubh;bv;_;omu-1oub0;0-uu;7uol-mo_;u1omu-1vb__;"1_ooo-u7ou-;-vom;;-u-;u_;7-;_;1omu-1-v;ulbm-;7 $$(& olr-m-l bm-uoomu-1ouv_oub7b1b- -l-m7$boomu-1ouv_oub7b1b-- 709954 Rep Services, Inc. Nathan Almon, President 05/30/2025 & &$"o omu-1oub7-b-u7bm_&voou1bomou-0ou-m7ub1v omu-1ou-l; 77u;vv _om;l0;u _oub;7;ru;v;m-b;v-l;_oub;7;ru;v;m-b;v$b; l-b77u;vv";1bom oub7- "-;v u;tbu;v - mom]o;uml;m- ;mbb;v v1_ -v (;m7ou;;1bm]u;m;bm]ou;;m7bm]-1omu-1b_-]o;uml;m-;mbv1_-v_;"1_ooo-u7o-m-;;omoub7-oruob7;-m-b7-bvb]m;70-mob1;uouu;ru;v;m-b;o(;m7oum7;ur;m-or;ufu_-(;m7ou7o;vmov;1o;u1bomou-0ououv;ub1;v-v7;bm;7bm_-v-;v_;r;uvom-_oub;7ovb]mom0;_-o(;m7ou1;ub_-_;1olr-mb7;mbb;7-0o;7o;vmo •&v;ou_u;-;mov;r_vb1-ou1;-]-bmv-mr;uvom •;vu-bmbvo-;ou1ombm;ou_u;-;mou;vu-bmbvo-;ou1ombm;-mr;uvomb_o- -_oub-m7-]-bmv_;uou_bvb •&v;;m7bm]ouo_;u1u;7bl;_o7vo;v-0bv_-7;00-mr;uvom_;m-0ououv;ub1;v-u;r;7];7-v-v;1ubou_;7;0b_;-;o_;-0ououv;ub1;v-vu;-vom-0-vv;vv;7bvmo -rrb;7o-u7_;btb7-bomo_;7;0_;;m]_-m7m-u;o_;-0ououv;ub1;v-u;mou;vr;1b;blb;7-m77;bm;7 •;vuo1om1;-u;lo;1ombv1-;b__o7ourovv;vv-m-1-oururou;7r-vvroubv-ou o_;u bllb]u-bom 7o1l;m ou -m o_;u -1- ou rurou;7 ]o;uml;m b7;mbb1-bom7o1l;mo-mr;uvom •-v;ou_u;-;mo1-v;bm-m1b-_-ulo-mr;uvom •mb1;ouu;-mr;uvom0u-7ou7;1;bou •uob7;-1omuo;7v0v-m1;-vobm;7bm"1_;7;ou"1_;7;ovo-mr;uvomou_;rurov;o;rob-bomo_-r;uvom &m7;ur;m-b;vor;ufu7;1-u;_-_-;u;-7_;ou;]obm]7o1l;m-m7_-_;-1vv-;7bmb-u;u; "b]m-u;o_oub;7;ru;v;m-b;-; Rep Services, Inc. 165 Jessup Ave, Longwood, FL 32750-4146 407-831-9658 Nathan Almon President nalmon@repservices.com 05/30/2025 & &$"o $$$ $_;uorov;u-]u;;vo1olrb__;ruobvbomvo_;bbb]_v1o$_; bbb]_v1o-m7$_;l;ub1-mvb_bv-0bbb;v1];bv1ublbm-bombm lrol;m1";1bomoub7-"-;v-m7$_;u;]m-m1bv1ublbm-bom1"-b7uorov;uu_;u-]u;;vmoo7bv1ublbm-;om_;0-vbvou-1;v;m-bom-oub]bmu;b]bom_-m7b1-r-];oul-ub-v-v&""" "" $"$$, $& *& "$&$$$$r;7 "" Rep Services, Inc. 165 W Jessup Ave. Longwood, FL 32750-4146 407-831-9658 866-232-8532 05/30/2025 Nathan Almon, President nalmon@repservices.com Confidential: Internal Landscape Structures Use Only Because of our commitment to safety, innovation and value, we reserve the right to change pricing at any time. Source: PlayCentral Pricing & Documentation 2026 Playground Equipment Price List Date Generated: September 22, 2025 2026 Playground Equipment Price List Pricing effective on September 22, 2025 1 Table of Contents  All entries in red are new products introduced within one year of price list generation.  “UPS” indicates product size/weight characteristics that allow it to ship via UPS. Description Page # PlayBooster® PlayBooster® Slides ......................................................................................................................................................... 3 PlayBooster® Climbers w/Permalene Handholds ............................................................................................................. 4 PlayBooster® Climbers w/SteelX Handholds .................................................................................................................. 11 PlayBooster® Climbers w/Vibe Handholds ..................................................................................................................... 12 PlayBooster® Climbers Nature-Inspired ......................................................................................................................... 14 PlayBooster® Climbers Other ......................................................................................................................................... 16 PlayBooster® Overhead Events ..................................................................................................................................... 18 PlayBooster® Bridges & Ramps ..................................................................................................................................... 18 PlayBooster® Tunnels .................................................................................................................................................... 20 PlayBooster® Enclosures ............................................................................................................................................... 20 PlayBooster® Motion & More Fun ................................................................................................................................... 23 PlayBooster® Roofs ........................................................................................................................................................ 25 PlayBooster® Mainstructures.......................................................................................................................................... 25 PlayBooster® Decks ....................................................................................................................................................... 27 PlayBooster® Posts ........................................................................................................................................................ 27 PlayShaper® PlayShaper® Slides ........................................................................................................................................................ 30 PlayShaper® Climbers .................................................................................................................................................... 30 PlayShaper® Overhead Events ...................................................................................................................................... 31 PlayShaper® Bridges & Ramps ...................................................................................................................................... 31 PlayShaper® Tunnels ..................................................................................................................................................... 31 PlayShaper® Enclosures ................................................................................................................................................ 31 PlayShaper® Motion & More Fun ................................................................................................................................... 32 PlayShaper® Roofs ........................................................................................................................................................ 33 PlayShaper® Decks ........................................................................................................................................................ 33 PlayShaper® Posts ......................................................................................................................................................... 33 Evos® Evos® Slides & Gliders ................................................................................................................................................... 36 Evos® Climbers .............................................................................................................................................................. 36 Evos® Overhead Events ................................................................................................................................................. 36 Evos® Bridges ................................................................................................................................................................ 36 Evos® Motion & More Fun .............................................................................................................................................. 36 Evos® Accessible Reach Panels .................................................................................................................................... 36 Evos® Mainstructures ..................................................................................................................................................... 37 2026 Playground Equipment Price List Pricing effective on September 22, 2025 2 Description Page # Weevos® Weevos® Motion & More Fun ......................................................................................................................................... 38 Weevos® Climbers ......................................................................................................................................................... 38 Weevos® Slides ............................................................................................................................................................. 38 Weevos® Bridges ........................................................................................................................................................... 38 Weevos® Tunnels .......................................................................................................................................................... 38 Weevos® Mainstructures ................................................................................................................................................ 38 Smart Play® Smart Play® Ages 6-23 Mths ......................................................................................................................................... 39 Smart Play® Ages 2-5 Yrs .............................................................................................................................................. 39 Smart Play® Ages 5-12 Yrs ............................................................................................................................................ 39 Hedra™ Hedra® Ages 2-5 Yrs...................................................................................................................................................... 41 Hedra® Ages 5-12 Yrs.................................................................................................................................................... 41 Quantis® Quantis® Ages 5-12 Yrs ................................................................................................................................................. 42 Forma™ Forma™ Slides ............................................................................................................................................................... 43 Forma™ Climbers ........................................................................................................................................................... 43 Forma™ Sensory Play .................................................................................................................................................... 43 Forma™ Motion & More Fun .......................................................................................................................................... 43 Freestanding Play Freestanding Play Climbers ............................................................................................................................................ 44 Freestanding Play Sensory Play ..................................................................................................................................... 46 Freestanding Play Motion & More Fun ........................................................................................................................... 47 Freestanding Play Structures ......................................................................................................................................... 53 Freestanding Play Slides & Gliders ................................................................................................................................ 54 Freestanding Play Swings .............................................................................................................................................. 54 Freestanding Play Sports & Fitness ................................................................................................................................ 56 Freestanding Play Site Furnishings ................................................................................................................................ 61 Freestanding Play Shade ............................................................................................................................................... 63 Freestanding Play Surfacing ........................................................................................................................................... 69 Freestanding Play Signs ................................................................................................................................................. 69 Freestanding Play Learning Wall .................................................................................................................................... 70 Freestanding Play Learning Wall Posts .......................................................................................................................... 71 2026 Playground Equipment Price List Pricing effective on September 22, 2025 Model # Description UPS Weight(lbs) Price($) NOTE: All products identified above are a Direct Bury type of installation unless otherwise noted. For Surface Mounting, contact the LSI Design Department for price quote. Confidential: Internal Landscape Structures Use Only Because of our commitment to safety, innovation and value, we reserve the right to change pricing at any time. 3 PlayBooster® Slides 271761A Alpine® Slide 72" Deck 268 5415 271761B Alpine® Slide 96" Deck DB Only 297 6475 144414A Cloudburst® Slide 64"-72" Deck 394 6325 123331A Double Slide 32" Deck 119 2565 123331B Double Slide 40"-48" Deck 137 2900 130798A Double Swirl Slide 48"-56" Deck 176 3175 130390A Double Swoosh Slide® 64"-96" Deck 174 3315 123336A Double Wave Slide 48"-56" Deck 175 3800 126368A El Slide 40" Deck 1 173 4165 126368B El Slide 48" Deck 1 188 4760 126368C El Slide 56" Deck 1 210 5070 126368D El Slide 64" Deck 1 235 5690 126368E El Slide 72" Deck 1 248 5980 126368F El Slide 96" Deck (DB Only), Use 182" Steel Posts Only, Order Separately 1 318 8015 148426A Firepole w/Permalene® Handholds 32"-48" Deck 56 1080 148426B Firepole w/Permalene® Handholds 56"-72" Deck 59 1105 169317A Firepole w/Recycled Wood-Grain Handholds 32"-48" Deck 85 2070 169317B Firepole w/Recycled Wood-Grain Handholds 56"-72" Deck 88 2100 148435A Firepole w/SteelX® Handholds 32"-48" Deck 77 1550 148435B Firepole w/SteelX® Handholds 56"-72" Deck 81 1600 180100A Firepole w/Vibe® Handholds 32"-48" Deck 82 1515 180100B Firepole w/Vibe® Handholds 56"-72" Deck 85 1545 205015A Gemini Slide Hood Extension Kit UPS 16 0 130800A Gemini SlideWinder2® 32" Deck 279 6060 130800B Gemini SlideWinder2® 40" Deck 296 7110 130800C Gemini SlideWinder2® 48" Deck 349 7710 130800D Gemini SlideWinder2® 56" Deck 374 8995 130800E Gemini SlideWinder2® 64" Deck 396 9245 130800F Gemini SlideWinder2® 72" Deck 458 10995 130800G Gemini SlideWinder2® 96" Deck (DB Only),Use 182" Steel Posts Only, Order Separately 562 12875 145838C Lava Run Slide 32" Deck 12" SM 109 2580 145838B Lava Run Slide 32" Deck 2" SM 105 2580 145838A Lava Run Slide 32" Deck DB 113 2370 120424A Ribbon Slide 40"-48" Deck 76 2285 123333A Rollerslide 40" Deck 364 10595 123333B Rollerslide 56" Deck 524 13330 183176A Rush™ Slide 255 6445 189313A Rushwinder 309 7060 123337A Single Slide 32"-48" Deck 94 2195 131437A Single Wave Slide 64"-72" Deck 135 3315 205013A Slidewinder Hood Extension Kit UPS 8 0 124863A SlideWinder2® 32" Deck 139 2900 124863B SlideWinder2® 40" Deck 152 3260 124863C SlideWinder2® 48" Deck 178 3660 124863D SlideWinder2® 56" Deck 192 4100 124863E SlideWinder2® 64" Deck 197 4270 124863F SlideWinder2® 72" Deck 234 4975 124863G SlideWinder2® 96" Deck (DB Only), Use 182" Steel Posts Only, Order Separately 284 5895 169316A SlideWinder2® w/Tree Branch Support 72" Deck (DB Only) 266 5955 122033C SpyroSlide™ 56" Deck 381 7900 122033D SpyroSlide™ 56" Slide w/Hanger Bracket for 48" Deck 402 8320 122033A SpyroSlide™ 72" Deck 413 8780 122033B SpyroSlide™ 72" Slide w/Hanger Bracket for 64" Deck 434 9245 190857A Stainless Steel Double Slide w/SteelX® 32"-40" Deck 157 7385 190857B Stainless Steel Double Slide w/SteelX® 48"-56" Deck 176 8000 190857C Stainless Steel Double Slide w/SteelX® 64"-72" Deck 211 8980 123340A Stainless Steel Slide w/Poly Hood 32"-40" Deck 90 3520 123340B Stainless Steel Slide w/Poly Hood 48"-56" Deck 100 3815 123340C Stainless Steel Slide w/Poly Hood 64"-72" Deck 117 4720 190855A Stainless Steel Slide w/SteelX® 32"-40" Deck 139 4110 190855B Stainless Steel Slide w/SteelX® 48"-56" Deck 149 4425 2026 Playground Equipment Price List Pricing effective on September 22, 2025 Model # Description UPS Weight(lbs) Price($) NOTE: All products identified above are a Direct Bury type of installation unless otherwise noted. For Surface Mounting, contact the LSI Design Department for price quote. Confidential: Internal Landscape Structures Use Only Because of our commitment to safety, innovation and value, we reserve the right to change pricing at any time. 4 190855C Stainless Steel Slide w/SteelX® 64"-72" Deck 168 5345 194699A Stainless Steel Spiral Slide (DB Only) 2 751 36435 185527A Stainless Steel Surf Slide 351 8110 190858A Stainless Steel Wave Slide 64"-72" Deck 164 5920 185526A Surf Slide 375 6730 126367A Tunnel Slide 32" Deck 1 160 3605 126367B Tunnel Slide 40" Deck 1 173 3880 126367C Tunnel Slide 48" Deck 1 197 4455 126367D Tunnel Slide 56" Deck 1 210 4720 126367E Tunnel Slide 64" Deck 1 235 5320 126367F Tunnel Slide 72" Deck 1 248 5490 126367G Tunnel Slide 96" Deck (DB Only), Use 182" Steel Posts Only, Order Separately 1 326 7260 123763A TurboTwister™ Tunnel Slide 96" Deck (DB Only), Use 182" Steel Posts Only, Order Separately 380 7585 222708A WhooshWinder® Slide 72" Deck 346 7100 222708B WhooshWinder® Slide 96" Deck 283 6800 226811A WhooshWinder® Slide EN 72" Deck 346 7100 226811B WhooshWinder® Slide EN 96" Deck 283 6800 1 NOTE: Additional weight and cost associated with each View Tube section. 2 NOTE: 12-week lead time required PlayBooster® Climbers w/Permalene Handholds 152431A ABC Climber 32"-48" Deck 130 2295 229830B Arcade Climber 72" Deck 124 2510 229830A Arcade Climber 96" Deck DB Only 138 2630 345325B Arcade Climber w/Permalene® Handholds, 72" Deck, DB 124 2510 345325B Arcade Climber w/Permalene® Handholds, 72" Deck, SM 115 2565 345325A Arcade Climber w/Permalene® Handholds, 96" Deck, DB 138 2630 135344A Block Climber w/Permalene® Handholds 32" Deck 154 3160 135344B Block Climber w/Permalene® Handholds 40" Deck 182 3755 150975A Cascade Climbers 4-Panel, 48"-56" Deck (DB Only) 215 3260 150975B Cascade Climbers 6-Panel, 64"-72" Deck (DB Only) 307 4345 128986A Catwalk Climber 24" Deck Height Difference 132 2520 153350A Chain Ladder w/Permalene® Handholds 32"-40" Deck DB UPS 56 1300 153350B Chain Ladder w/Permalene® Handholds 48"-56" Deck DB UPS 60 1380 153350C Chain Ladder w/Permalene® Handholds 64"-72" Deck DB UPS 65 1540 229828A Chimney Climb Across™ 72" to 48" Deck (DB Only) 158 6955 229828D Chimney Climb Across™ 96" to 72" Deck (DB Only) 170 7380 229829A Chimney Climber 56" Deck 139 4925 229829D Chimney Climber 64" Deck 144 5325 229829B Chimney Climber 72" Deck 145 5705 229829C Chimney Climber 96" Deck 169 6060 345316A Chimney Climber w/Permalene® Handholds, 56" Deck, 2" SM 128 4945 345316A Chimney Climber w/Permalene® Handholds, 56" Deck, DB 139 4925 345316D Chimney Climber w/Permalene® Handholds, 64" Deck, 2" SM 133 5330 345316D Chimney Climber w/Permalene® Handholds, 64" Deck, DB 144 5325 345316B Chimney Climber w/Permalene® Handholds, 72" Deck, 2" SM 134 5710 345316B Chimney Climber w/Permalene® Handholds, 72" Deck, DB 145 5705 345316C Chimney Climber w/Permalene® Handholds, 96" Deck, DB 169 6060 122570A Cliff Climber w/Permalene® Handholds 48" Deck 137 2485 122570B Cliff Climber w/Permalene® Handholds 56" Deck 137 2515 122570C Cliff Climber w/Permalene® Handholds 64" Deck 157 3000 122570D Cliff Climber w/Permalene® Handholds 72" Deck 158 3020 345311A Cliff Climber w/Permalene® Handholds, 48" Deck, 12" SM 136 2580 345311A Cliff Climber w/Permalene® Handholds, 48" Deck, 2" SM 129 2580 345311A Cliff Climber w/Permalene® Handholds, 48" Deck, DB 137 2485 345311B Cliff Climber w/Permalene® Handholds, 56" Deck, 12" SM 136 2595 345311B Cliff Climber w/Permalene® Handholds, 56" Deck, 2" SM 129 2595 345311B Cliff Climber w/Permalene® Handholds, 56" Deck, DB 137 2515 345311C Cliff Climber w/Permalene® Handholds, 64" Deck, 12" SM 154 3090 345311C Cliff Climber w/Permalene® Handholds, 64" Deck, 2" SM 150 3090 345311C Cliff Climber w/Permalene® Handholds, 64" Deck, DB 157 3000 2026 Playground Equipment Price List Pricing effective on September 22, 2025 Model # Description UPS Weight(lbs) Price($) NOTE: All products identified above are a Direct Bury type of installation unless otherwise noted. For Surface Mounting, contact the LSI Design Department for price quote. Confidential: Internal Landscape Structures Use Only Because of our commitment to safety, innovation and value, we reserve the right to change pricing at any time. 5 345311D Cliff Climber w/Permalene® Handholds, 72" Deck, 12" SM 155 3140 345311D Cliff Climber w/Permalene® Handholds, 72" Deck, 2" SM 151 3140 345311D Cliff Climber w/Permalene® Handholds, 72" Deck, DB 158 3020 158678A Climbing Wall Aluminum Posts 142 2440 158678B Climbing Wall Steel Posts 192 2390 143199B Conical Climber™ 40" Deck 118 4760 143199A Conical Climber™ 72" Deck 161 5920 148432A Corkscrew Climber w/Permalene® Handholds 32"-48" Deck 68 1575 148432B Corkscrew Climber w/Permalene® Handholds 56"-72" Deck 80 1810 143198A Corner Climber™ 64"-72" Deck 157 5645 123293A Cozy Climber™ w/Permalene® Handholds 32"-40" Deck 117 3420 123293B Cozy Climber™ w/Permalene® Handholds 48" Deck 126 3695 345320A Cozy Climber™ w/Permalene® Handholds, 32" Deck, DB 117 3420 345320A Cozy Climber™ w/Permalene® Handholds, 40" Deck, 12" SM 113 3605 345320A Cozy Climber™ w/Permalene® Handholds, 40" Deck, 2" SM 109 3605 345320A Cozy Climber™ w/Permalene® Handholds, 40" Deck, DB 117 3420 345320B Cozy Climber™ w/Permalene® Handholds, 48" Deck, 12" SM 122 3905 345320B Cozy Climber™ w/Permalene® Handholds, 48" Deck, 2" SM 118 3905 345320B Cozy Climber™ w/Permalene® Handholds, 48" Deck, DB 126 3695 202625A Crest Climber w/Permalene® Handholds 205 7815 345324A Crest Climber w/Permalene® Handholds, 72" Deck 205 7815 145839B Critter Canyon 32" Deck 2" Surface Mount 101 2485 145839A Critter Canyon 32" Deck Direct Bury 109 2285 176077A Croquet Climber 48"-56"Dk DB 65 2050 176077B Croquet Climber 64"-72"Dk DB 68 2070 345323A Croquet Climber w/Permalene® Handholds, 48" Deck, 2" SM 57 2155 345323A Croquet Climber w/Permalene® Handholds, 48" Deck, DB 61 2050 345323A Croquet Climber w/Permalene® Handholds, 56" Deck, 2" SM 58 2155 345323A Croquet Climber w/Permalene® Handholds, 56" Deck, DB 65 2050 345323B Croquet Climber w/Permalene® Handholds, 64" Deck, 2" SM 63 2180 345323B Croquet Climber w/Permalene® Handholds, 64" Deck, DB 68 2070 345323B Croquet Climber w/Permalene® Handholds, 72" Deck, 2" SM 64 2180 345323B Croquet Climber w/Permalene® Handholds, 72" Deck, DB 68 2070 152908A Deck Link w/Permalene® Panels 1 Step 95 1875 152908B Deck Link w/Permalene® Panels 2 Steps 129 2170 152908C Deck Link w/Permalene® Panels 3 Steps 165 2485 152908D Deck Link w/Permalene® Panels 4 Steps 201 2615 152907A Deck Link w/Steel Barriers 1 Step 130 1950 152907B Deck Link w/Steel Barriers 2 Steps 182 2880 152907C Deck Link w/Steel Barriers 3 Steps 236 3755 152907D Deck Link w/Steel Barriers 4 Steps 296 4645 229832A Dot-to-Dot Climber 204 3185 122916A Double Wave Climber w/Permalene® Handholds 48" to 48" Deck or 56" to 56" Deck 205 5410 122916C Double Wave Climber w/Permalene® Handholds 48" to 64" Deck or 56" to 72" Deck 219 5455 122916B Double Wave Climber w/Permalene® Handholds 64" to 64" Deck or 72" to 72" Deck 233 5560 237937A Facet® Stepper w/Permalene® Handholds 16" Deck (DB Only) 1 311 1820 237937B Facet® Stepper w/Permalene® Handholds 24" Deck (DB Only) 1 842 3450 237937C Facet® Stepper w/Permalene® Handholds 32" Deck (DB Only) 1 1523 4920 204176A Flex Climber w/Permalene® Handholds 393 11880 145251A Funnel Climber™ Handhold Panel 24 360 145249A Funnel Climber™ Long Brace 14 270 145109A Funnel Climber™ Net 112 5820 145248A Funnel Climber™ Short Brace 10 240 145250A Funnel Climber™ Vertical Ladder 52 1150 201887A JigJag Climber w/Permalene® Handhold 48" Deck 129 2245 201887B JigJag Climber w/Permalene® Handhold 56"-72" Deck 133 2515 223170B Labyrinth Climber 8" Deck Difference 480 16725 223170A Labyrinth Climber Equal Decks 64" Deck 480 16725 223170C Labyrinth Climber Equal Decks 72" Deck 480 16725 176080A Logo Climber 56"-64"Dk DB 93 2070 345317A Logo Climber w/Permalene® Handholds, 56" Deck, 2" SM 87 2180 345317A Logo Climber w/Permalene® Handholds, 56" Deck, DB 93 2070 2026 Playground Equipment Price List Pricing effective on September 22, 2025 Model # Description UPS Weight(lbs) Price($) NOTE: All products identified above are a Direct Bury type of installation unless otherwise noted. For Surface Mounting, contact the LSI Design Department for price quote. Confidential: Internal Landscape Structures Use Only Because of our commitment to safety, innovation and value, we reserve the right to change pricing at any time. 6 345317A Logo Climber w/Permalene® Handholds, 64" Deck, 2" SM 87 2180 345317A Logo Climber w/Permalene® Handholds, 64" Deck, DB 93 2070 176078A Lollipop Climber 48"-56"Dk DB 63 2050 176078B Lollipop Climber 64"-72"Dk DB 71 2070 345309A Lollipop Climber w/Permalene® Handholds, 48" Deck, 2" SM 56 2155 345309A Lollipop Climber w/Permalene® Handholds, 48" Deck, DB 63 2050 345309A Lollipop Climber w/Permalene® Handholds, 56" Deck, 2" SM 60 2155 345309A Lollipop Climber w/Permalene® Handholds, 56" Deck, DB 63 2050 345309B Lollipop Climber w/Permalene® Handholds, 64" Deck, 2" SM 66 2180 345309B Lollipop Climber w/Permalene® Handholds, 64" Deck, DB 60 2070 345309B Lollipop Climber w/Permalene® Handholds, 72" Deck, 2" SM 68 2180 345309B Lollipop Climber w/Permalene® Handholds, 72" Deck, DB 71 2070 122914A Loop Arch w/Permalene® Handholds 40"-48" Deck 76 1950 122914B Loop Arch w/Permalene® Handholds 56" Deck 80 2170 122914C Loop Arch w/Permalene® Handholds 64"-72" Deck 88 2425 128252A Loop Ladder w/Permalene® Handholds 40"-48" Deck 63 1305 345312A Loop Ladder w/Permalene® Handholds, 40" Deck, 2" SM 55 1535 345312A Loop Ladder w/Permalene® Handholds, 40" Deck, DB 63 1305 345312A Loop Ladder w/Permalene® Handholds, 48" Deck, 2" SM 55 1535 345312A Loop Ladder w/Permalene® Handholds, 48" Deck, DB 63 1305 148434A Loop Pole w/Permalene® Handholds 32"-48" Deck 57 1575 148434B Loop Pole w/Permalene® Handholds 56"-72" Deck 62 1715 185084A Manta Ray Climber® w/Permalene™ Handholds 126" Module w/3" Offset 48" Deck (DB Only), Steel Posts Required 221 7995 145108A Manta Ray Climber® w/Permalene® Handholds 48" Deck (DB Only), Steel Posts Required 221 7995 145108B Manta Ray Climber® w/Permalene® Handholds 56" Deck (DB Only), Steel Posts Required 221 7995 145108C Manta Ray Climber® w/Permalene® Handholds 64" Deck (DB Only), Steel Posts Required 221 7995 153076A Mini Summit Climber 40"-48" Deck 88 1720 345314A Mini Summit Climber w/Permalene® Handholds, 40" Deck, DB 88 1720 345314A Mini Summit Climber w/Permalene® Handholds, 48" Deck, 12" SM 86 1815 345314A Mini Summit Climber w/Permalene® Handholds, 48" Deck, 2" SM 86 1815 345314A Mini Summit Climber w/Permalene® Handholds, 48" Deck, DB 88 1720 302754A Mobius® Climber w/Permalene® Handholds (DB Only) 200 6725 345333A Mobius® Climber w/Permalene® Handholds, 72" Deck, DB 200 6725 171564A Mushroom Stepper 16" Deck w/Permalene® w/Permalene® Handhold 138 1570 171565A Mushroom Stepper 24" Deck w/Permalene® w/Permalene® Handhold 289 3330 171565B Mushroom Stepper 24" Deck w/Permalene® w/Permalene® Handhold, 1 Handloop 302 3520 171566A Mushroom Stepper 32"-40" Deck w/Permalene® w/2 Permalene® Handholds 478 5730 171566B Mushroom Stepper 32"-40" Deck w/Permalene® w/2 Permalene® Handholds, 1 Handloop 482 5890 171566D Mushroom Stepper 32"-40" Deck w/Permalene® w/2 Permalene® Handholds, 1 Handloop and 1 Handrail 498 6145 171566C Mushroom Stepper 32"-40" Deck w/Permalene® w/2 Permalene® Handholds, 1 Handrail 494 5995 184605B O-Zone® 3-Ring Climber 24" or 32" Deck w/Permalene Handholds 169 7595 184605C O-Zone® 3-Ring Climber 40" or 48" Deck w/Permalene Handholds 169 7595 184605A O-Zone® 3-Ring Climber Ground or 16" Deck w/Permalene Handholds 145 7160 345322A O-Zone® 3-Ring Climber w/Permalene® Handholds, 16" Deck Diff Attached to 16" Deck, DB 133 6960 345322B O-Zone® 3-Ring Climber w/Permalene® Handholds, 8" Deck Diff Attached to 32" Deck, DB 157 7385 345322C O-Zone® 3-Ring Climber w/Permalene® Handholds, 8" Deck Diff Attached to 48" Deck, DB 169 7595 345322A O-Zone® 3-Ring Climber w/Permalene® Handholds, Equal 16" Decks, DB 145 7160 345322B O-Zone® 3-Ring Climber w/Permalene® Handholds, Equal 32" Decks, DB 169 7595 2026 Playground Equipment Price List Pricing effective on September 22, 2025 Model # Description UPS Weight(lbs) Price($) NOTE: All products identified above are a Direct Bury type of installation unless otherwise noted. For Surface Mounting, contact the LSI Design Department for price quote. Confidential: Internal Landscape Structures Use Only Because of our commitment to safety, innovation and value, we reserve the right to change pricing at any time. 7 345322C O-Zone® 3-Ring Climber w/Permalene® Handholds, Equal 40" Decks, DB 169 7595 345322C O-Zone® 3-Ring Climber w/Permalene® Handholds, Equal 48" Decks, DB 169 7595 345322A O-Zone® 3-Ring Climber w/Permalene® Handholds, Ground to Ground, DB 121 6745 116247A Panel Vertical Ladder 24" Deck Difference, Deck-to-Deck or Deck-to- Ground UPS 44 1215 116247B Panel Vertical Ladder 32" Deck Difference, Deck-to-Deck or Deck-to- Ground UPS 51 1330 116247C Panel Vertical Ladder 40" Deck Difference, Deck-to-Deck or Deck-to- Ground UPS 57 1515 116247D Panel Vertical Ladder 48" Deck Difference, Deck-to-Deck or Deck-to- Ground UPS 67 1810 116247E Panel Vertical Ladder 56" Deck Difference, Deck-to-Deck or Deck-to- Ground UPS 73 2060 116247F Panel Vertical Ladder 64" Deck Difference, Deck-to-Deck or Deck-to- Ground UPS 79 2300 116247G Panel Vertical Ladder 72" Deck-to-Ground Only 86 2630 345307A Panel Vertical Ladder, 24" Deck Difference, Deck-to-Deck or Deck- to-Ground 44 1215 345307B Panel Vertical Ladder, 32" Deck Difference, Deck-to-Deck or Deck- to-Ground 51 1330 345307C Panel Vertical Ladder, 40" Deck Difference, Deck-to-Deck or Deck- to-Ground 57 1515 345307D Panel Vertical Ladder, 48" Deck Difference, Deck-to-Deck or Deck- to-Ground 67 1810 345307E Panel Vertical Ladder, 56" Deck Difference, Deck-to-Deck or Deck- to-Ground 73 2060 345307F Panel Vertical Ladder, 64" Deck Difference, Deck-to-Deck or Deck- to-Ground 79 2300 345307G Panel Vertical Ladder, 72" Deck Difference, Deck-to-Deck or Deck- to-Ground 89 2630 156915A Pod Climber® 16" Deck w/1 Handhold Panel 24 715 156916A Pod Climber® 24" Deck w/1 Handhold Panel 38 1150 156916B Pod Climber® 24" Deck w/1 Handhold Panel and 1 Handloop 42 1285 157427A Pod Climber® 32"-40" Deck w/2 Handhold Panels 65 1875 157427B Pod Climber® 32"-40" Deck w/2 Handhold Panels, 1 Handloop 69 2030 157427D Pod Climber® 32"-40" Deck w/2 Handhold Panels, 1 Handloop and 1 Handrail 85 2245 157427C Pod Climber® 32"-40" Deck w/2 Handhold Panels, 1 Handrail 81 2135 345313D Pod Climber® w/2 Handhold Panels and Left Handloop and Right Handrail, 32" Deck, 12" SM 93 2635 345313D Pod Climber® w/2 Handhold Panels and Left Handloop and Right Handrail, 32" Deck, 2" SM 89 2635 345313D Pod Climber® w/2 Handhold Panels and Left Handloop and Right Handrail, 32" Deck, DB 85 2245 345313D Pod Climber® w/2 Handhold Panels and Left Handloop and Right Handrail, 40" Deck, 12" SM 93 2635 345313D Pod Climber® w/2 Handhold Panels and Left Handloop and Right Handrail, 40" Deck, 2" SM 89 2635 345313D Pod Climber® w/2 Handhold Panels and Left Handloop and Right Handrail, 40" Deck, DB 85 2245 345313B Pod Climber® w/2 Handhold Panels and Left Handloop, 32" Deck, 12" SM 75 2300 345313B Pod Climber® w/2 Handhold Panels and Left Handloop, 32" Deck, 2" SM 72 2300 345313B Pod Climber® w/2 Handhold Panels and Left Handloop, 32" Deck, DB 69 2030 345313B Pod Climber® w/2 Handhold Panels and Left Handloop, 40" Deck, 12" SM 75 2300 345313B Pod Climber® w/2 Handhold Panels and Left Handloop, 40" Deck, 2" SM 72 2300 345313B Pod Climber® w/2 Handhold Panels and Left Handloop, 40" Deck, DB 69 2030 2026 Playground Equipment Price List Pricing effective on September 22, 2025 Model # Description UPS Weight(lbs) Price($) NOTE: All products identified above are a Direct Bury type of installation unless otherwise noted. For Surface Mounting, contact the LSI Design Department for price quote. Confidential: Internal Landscape Structures Use Only Because of our commitment to safety, innovation and value, we reserve the right to change pricing at any time. 8 345313D Pod Climber® w/2 Handhold Panels and Left Handrail and Right Handloop, 32" Deck, 12" SM 93 2635 345313D Pod Climber® w/2 Handhold Panels and Left Handrail and Right Handloop, 32" Deck, 2" SM 89 2635 345313D Pod Climber® w/2 Handhold Panels and Left Handrail and Right Handloop, 32" Deck, DB 85 2245 345313D Pod Climber® w/2 Handhold Panels and Left Handrail and Right Handloop, 40" Deck, 12" SM 93 2635 345313D Pod Climber® w/2 Handhold Panels and Left Handrail and Right Handloop, 40" Deck, 2" SM 89 2635 345313D Pod Climber® w/2 Handhold Panels and Left Handrail and Right Handloop, 40" Deck, DB 85 2245 345313C Pod Climber® w/2 Handhold Panels and Left Handrail, 32" Deck, 12" SM 89 2520 345313C Pod Climber® w/2 Handhold Panels and Left Handrail, 32" Deck, 2" SM 85 2520 345313C Pod Climber® w/2 Handhold Panels and Left Handrail, 32" Deck, DB 81 2135 345313C Pod Climber® w/2 Handhold Panels and Left Handrail, 40" Deck, 12" SM 89 2520 345313C Pod Climber® w/2 Handhold Panels and Left Handrail, 40" Deck, 2" SM 85 2520 345313C Pod Climber® w/2 Handhold Panels and Left Handrail, 40" Deck, DB 81 2135 345313B Pod Climber® w/2 Handhold Panels and Right Handloop, 32" Deck, 12"SM 75 2300 345313B Pod Climber® w/2 Handhold Panels and Right Handloop, 32" Deck, 2"SM 72 2300 345313B Pod Climber® w/2 Handhold Panels and Right Handloop, 32" Deck, DB 69 2030 345313B Pod Climber® w/2 Handhold Panels and Right Handloop, 40" Deck, 12" SM 75 2300 345313B Pod Climber® w/2 Handhold Panels and Right Handloop, 40" Deck, 2" SM 72 2300 345313B Pod Climber® w/2 Handhold Panels and Right Handloop, 40" Deck, DB 69 2030 345313C Pod Climber® w/2 Handhold Panels and Right Handrail, 32" Deck, 12" SM 89 2520 345313C Pod Climber® w/2 Handhold Panels and Right Handrail, 32" Deck, 2" SM 85 2520 345313C Pod Climber® w/2 Handhold Panels and Right Handrail, 32" Deck, DB 81 2135 345313C Pod Climber® w/2 Handhold Panels and Right Handrail, 40" Deck, 12" SM 89 2520 345313C Pod Climber® w/2 Handhold Panels and Right Handrail, 40" Deck, 2" SM 85 2520 345313C Pod Climber® w/2 Handhold Panels and Right Handrail, 40" Deck, DB 81 2135 345313A Pod Climber® w/2 Handhold Panels, 32" Deck, 12" SM 71 2170 345313A Pod Climber® w/2 Handhold Panels, 32" Deck, 2" SM 68 2170 345313A Pod Climber® w/2 Handhold Panels, 32" Deck, DB 65 1875 345313A Pod Climber® w/2 Handhold Panels, 40" Deck, 12" SM 71 2170 345313A Pod Climber® w/2 Handhold Panels, 40" Deck, 2" SM 68 2170 345313A Pod Climber® w/2 Handhold Panels, 40" Deck, DB 65 1875 345326B Pod Climber® w/Left Mounted Handhold and Handloop, 24" Deck, 12" SM 46 1475 345326B Pod Climber® w/Left Mounted Handhold and Handloop, 24" Deck, 2" SM 44 1475 345326B Pod Climber® w/Left Mounted Handhold and Handloop, 24" Deck, DB 42 1285 345328A Pod Climber® w/Left Mounted Handhold, 16" Deck, 2" SM 25 835 345328A Pod Climber® w/Left Mounted Handhold, 16" Deck, DB 24 715 345326A Pod Climber® w/Left Mounted Handhold, 24" Deck, 12" SM 42 1380 345326A Pod Climber® w/Left Mounted Handhold, 24" Deck, 2" SM 40 1380 345326A Pod Climber® w/Left Mounted Handhold, 24" Deck, DB 38 1150 345326B Pod Climber® w/Right Mounted Handhold and Handloop, 24" Deck, 12" SM 46 1475 2026 Playground Equipment Price List Pricing effective on September 22, 2025 Model # Description UPS Weight(lbs) Price($) NOTE: All products identified above are a Direct Bury type of installation unless otherwise noted. For Surface Mounting, contact the LSI Design Department for price quote. Confidential: Internal Landscape Structures Use Only Because of our commitment to safety, innovation and value, we reserve the right to change pricing at any time. 9 345326B Pod Climber® w/Right Mounted Handhold and Handloop, 24" Deck, 2" SM 44 1475 345326B Pod Climber® w/Right Mounted Handhold and Handloop, 24" Deck, DB 42 1285 345328A Pod Climber® w/Right Mounted Handhold, 16" Deck, 2" SM 25 835 345328A Pod Climber® w/Right Mounted Handhold, 16" Deck, DB 24 715 345326A Pod Climber® w/Right Mounted Handhold, 24" Deck, 12" SM 42 1380 345326A Pod Climber® w/Right Mounted Handhold, 24" Deck, 2" SM 40 1380 345326A Pod Climber® w/Right Mounted Handhold, 24" Deck, DB 38 1150 202594A Portal Climber w/Permalene® Handholds (DB Only) 184 7795 164078A Ring Tangle® Climber w/Handhold Panels 24"-48" Deck 162 3220 165445A Ring Tangle® Climber w/Handloop 16"-48" Deck 154 3655 345321A Ring Tangle® Climber w/Permalene® Handholds, 8" Difference Deck Heights 162 3220 345321A Ring Tangle® Climber w/Permalene® Handholds, Equal Deck Heights 162 3220 203845A Seeker Climber w/Permalene® Handholds 32" Deck Difference 238 9535 203845B Seeker Climber w/Permalene® Handholds Equal Decks, High to High 258 10870 203845C Seeker Climber w/Permalene® Handholds Equal Decks, Low to Low 218 8215 345327A Seeker Climber w/Permalene® Handholds, 32" Deck Difference, Attached to 48" Deck 224 8655 345327A Seeker Climber w/Permalene® Handholds, 32" Deck Difference, Attached to 56" Deck 231 9110 345327A Seeker Climber w/Permalene® Handholds, 32" Deck Difference, Attached to 64" Deck 238 9535 345327A Seeker Climber w/Permalene® Handholds, 32" Deck Difference, Attached to 72" Deck 238 9535 345327C Seeker Climber w/Permalene® Handholds, Equal Deck Heights, 16" Deck 218 8215 345327C Seeker Climber w/Permalene® Handholds, Equal Deck Heights, 24" Deck 218 8215 345327C Seeker Climber w/Permalene® Handholds, Equal Deck Heights, 32" Deck 218 8215 345327C Seeker Climber w/Permalene® Handholds, Equal Deck Heights, 40" Deck 218 8215 345327B Seeker Climber w/Permalene® Handholds, Equal Deck Heights, 48" Deck 230 9115 345327B Seeker Climber w/Permalene® Handholds, Equal Deck Heights, 56" Deck 244 9985 345327B Seeker Climber w/Permalene® Handholds, Equal Deck Heights, 64" Deck 258 10870 345327B Seeker Climber w/Permalene® Handholds, Equal Deck Heights, 72" Deck 258 10870 229831B Shockwave Climber 72" Deck 218 3765 229831A Shockwave Climber 96" Deck DB Only 314 4245 345329B Shockwave Climber w/Permalene® Handholds, 72" Deck, DB 218 3765 345329B Shockwave Climber w/Permalene® Handholds, 72" Deck, SM 203 3825 345329A Shockwave Climber w/Permalene® Handholds, 96" Deck, DB 314 4245 122915A Single Wave Climber w/Permalene® Handholds 48" Deck Difference 98 2715 122915B Single Wave Climber w/Permalene® Handholds 64" Deck Difference 112 2880 174449A Sling Shot Climber™ 48" Deck 118 4395 174449B Sling Shot Climber™ 56" Deck 118 4395 122913A Snake Climber w/Permalene® Handholds 48"-56" Deck 116 2580 122913B Snake Climber w/Permalene® Handholds 64"-72" Deck 130 2695 174448A SpaceLink Climber™ to 72" Deck Deck-to-Aeronet (Steel Posts and DB Only) 98 8380 145107A SpaceWalk Climber™ 32"-48" Deck, Deck-to-Deck 258 10820 122533A Spiral Climber 32" Deck 44 1285 122533B Spiral Climber 40"-48" Deck 59 1810 122533C Spiral Climber 56"-64" Deck 75 2310 122533D Spiral Climber 72" Deck 92 2880 271908A Square Loop Incline Climber w/Permalene® Handholds 72" Deck 110 1725 345332A Square Loop Incline Climber w/Permalene® Handholds, 72" Deck, DB 110 1725 2026 Playground Equipment Price List Pricing effective on September 22, 2025 Model # Description UPS Weight(lbs) Price($) NOTE: All products identified above are a Direct Bury type of installation unless otherwise noted. For Surface Mounting, contact the LSI Design Department for price quote. Confidential: Internal Landscape Structures Use Only Because of our commitment to safety, innovation and value, we reserve the right to change pricing at any time. 10 345332A Square Loop Incline Climber w/Permalene® Handholds, 72" Deck, SM 86 1810 148039A Star Seeker Climber 72" Deck (Square Deck, Steel Posts and DB Only) 133 5150 158425A Starburst™ Climber 64"-72" Deck (DB Only) 123 3220 111465A Step Deck 8"-32" Deck UPS 58 1285 116246E Step Ladder w/Permalene® Handholds 32" Deck 2" Surface Mount 92 2170 116246A Step Ladder w/Permalene® Handholds 32" Deck Direct Bury 101 2245 116246F Step Ladder w/Permalene® Handholds 40" Deck 2" Surface Mount 107 2320 116246B Step Ladder w/Permalene® Handholds 40" Deck Direct Bury 116 2425 116246C Step Ladder w/Permalene® Handholds 48"-56" Deck Direct Bury 153 2785 116246G Step Ladder w/Permalene® Handholds 56" Deck 2" Surface Mount 144 2695 116246D Step Ladder w/Permalene® Handholds 64"-72" Deck Direct Bury 196 3160 116246H Step Ladder w/Permalene® Handholds 72" Deck 2" Surface Mount 187 3075 130742A Stepping Block Climber 32" Deck Difference 247 5235 128608A Summit Climber™ 64" Deck (DB Only) and 72" Deck 101 1935 129453A Summit Climber™ for PlayOdyssey® 72" Deck 112 2030 345319A Summit Climber™ for PlayOdyssey® w/Permalene® Handholds, 1 side, 72" Deck, DB 112 2030 345319A Summit Climber™ for PlayOdyssey® w/Permalene® Handholds, 2 sides, 72" Deck, DB 224 4045 345319A Summit Climber™ for PlayOdyssey® w/Permalene® Handholds, 3 sides, 72" Deck, DB 336 6060 345318A Summit Climber™ w/Permalene® Handholds, 1 side, 64" Deck, DB 101 1935 345318A Summit Climber™ w/Permalene® Handholds, 1 side, 72" Deck, 2" SM 101 1950 345318A Summit Climber™ w/Permalene® Handholds, 1 side, 72" Deck, DB 101 1935 345318A Summit Climber™ w/Permalene® Handholds, 2 sides, 64" Deck, DB 202 3885 345318A Summit Climber™ w/Permalene® Handholds, 2 sides, 72" Deck, 2" SM 202 3890 345318A Summit Climber™ w/Permalene® Handholds, 2 sides, 72" Deck, DB 202 3885 345318A Summit Climber™ w/Permalene® Handholds, 3 sides, 64" Deck, DB 303 5820 345318A Summit Climber™ w/Permalene® Handholds, 3 sides, 72" Deck, 2" SM 303 5830 345318A Summit Climber™ w/Permalene® Handholds, 3 sides, 72" Deck, DB 303 5820 176079A Sunbeam Climber 118 2495 223167A Trailblazer Climber 72" Deck to Deck 470 12170 200609A Traveler Climber 309 11555 145624A Vertical Ascent® Climber 48" Deck UPS 82 1695 145624B Vertical Ascent® Climber 56" Deck 89 1695 145624C Vertical Ascent® Climber 64" Deck 95 1905 145624D Vertical Ascent® Climber 72" Deck 104 1905 116249A Vertical Ladder w/Permalene® Handholds 24"-32" Deck 40 1070 116249B Vertical Ladder w/Permalene® Handholds 40"-48" Deck 48 1185 116249C Vertical Ladder w/Permalene® Handholds 56" Deck 52 1235 116249D Vertical Ladder w/Permalene® Handholds 64"-72" Deck 57 1305 345305A Vertical Ladder w/Permalene® Handholds, 24" Deck, DB 40 1070 345305A Vertical Ladder w/Permalene® Handholds, 32" Deck, 12" SM 38 1190 345305A Vertical Ladder w/Permalene® Handholds, 32" Deck, 2" SM 36 1190 345305A Vertical Ladder w/Permalene® Handholds, 32" Deck, DB 40 1070 345305B Vertical Ladder w/Permalene® Handholds, 40" Deck, 12" SM 46 1270 345305B Vertical Ladder w/Permalene® Handholds, 40" Deck, 2" SM 44 1270 345305B Vertical Ladder w/Permalene® Handholds, 40" Deck, DB 48 1185 345305B Vertical Ladder w/Permalene® Handholds, 48" Deck, 12" SM 46 1270 345305B Vertical Ladder w/Permalene® Handholds, 48" Deck, 2" SM 44 1270 345305B Vertical Ladder w/Permalene® Handholds, 48" Deck, DB 48 1185 345305C Vertical Ladder w/Permalene® Handholds, 56" Deck, 12" SM 50 1320 345305C Vertical Ladder w/Permalene® Handholds, 56" Deck, 2" SM 48 1320 345305C Vertical Ladder w/Permalene® Handholds, 56" Deck, DB 52 1235 345305D Vertical Ladder w/Permalene® Handholds, 64" Deck, 12" SM 55 1420 345305D Vertical Ladder w/Permalene® Handholds, 64" Deck, 2" SM 53 1420 345305D Vertical Ladder w/Permalene® Handholds, 64" Deck, DB 57 1305 345305D Vertical Ladder w/Permalene® Handholds, 72" Deck, 12" SM 55 1420 345305D Vertical Ladder w/Permalene® Handholds, 72" Deck, 2" SM 53 1420 345305D Vertical Ladder w/Permalene® Handholds, 72" Deck, DB 57 1305 2026 Playground Equipment Price List Pricing effective on September 22, 2025 Model # Description UPS Weight(lbs) Price($) NOTE: All products identified above are a Direct Bury type of installation unless otherwise noted. For Surface Mounting, contact the LSI Design Department for price quote. Confidential: Internal Landscape Structures Use Only Because of our commitment to safety, innovation and value, we reserve the right to change pricing at any time. 11 123284A Wiggle Ladder w/Permalene® Handholds 32" Deck UPS 41 970 123284B Wiggle Ladder w/Permalene® Handholds 40" Deck UPS 48 1000 123284C Wiggle Ladder w/Permalene® Handholds 48" Deck UPS 52 1070 123284D Wiggle Ladder w/Permalene® Handholds 56" Deck UPS 53 1150 123284E Wiggle Ladder w/Permalene® Handholds 64" Deck UPS 58 1215 123284F Wiggle Ladder w/Permalene® Handholds 72" Deck UPS 65 1290 345315A Wiggle Ladder w/Permalene® Handholds, 32" Deck, 2" SM 33 1000 345315A Wiggle Ladder w/Permalene® Handholds, 32" Deck, DB 41 970 345315B Wiggle Ladder w/Permalene® Handholds, 40" Deck, 2" SM 40 1070 345315B Wiggle Ladder w/Permalene® Handholds, 40" Deck, DB 48 1000 345315C Wiggle Ladder w/Permalene® Handholds, 48" Deck, 2" SM 44 1115 345315C Wiggle Ladder w/Permalene® Handholds, 48" Deck, DB 52 1070 345315D Wiggle Ladder w/Permalene® Handholds, 56" Deck, 2" SM 45 1215 345315D Wiggle Ladder w/Permalene® Handholds, 56" Deck, DB 53 1150 345315E Wiggle Ladder w/Permalene® Handholds, 64" Deck, 2" SM 50 1270 345315E Wiggle Ladder w/Permalene® Handholds, 64" Deck, DB 58 1215 345315F Wiggle Ladder w/Permalene® Handholds, 72" Deck, 2" SM 57 1330 345315F Wiggle Ladder w/Permalene® Handholds, 72" Deck, DB 65 1290 272084A Wood Plank Ladder w/Permalene® Handholds 72" Deck 137 2180 272368C Zenith® Climber w/Permalene® Handholds Attached to Hex Deck 72" Deck Direct Bury 419 8800 272368F Zenith® Climber w/Permalene® Handholds Attached to Hex Deck 96" Deck Direct Bury 427 9110 272368A Zenith® Climber w/Permalene® Handholds Attached to Square Deck 72"Deck Direct Bury 378 8270 272368D Zenith® Climber w/Permalene® Handholds Attached to Square Deck 96" Deck Direct Bury 386 8575 345331C Zenith® Climber w/Permalene® Handholds, Attached to Hex Deck, 72" Deck, DB 419 8800 345331F Zenith® Climber w/Permalene® Handholds, Attached to Hex Deck, 96" Deck, DB 427 9110 345331A Zenith® Climber w/Permalene® Handholds, Attached to Square Deck, 72" Deck, DB 378 8270 345331D Zenith® Climber w/Permalene® Handholds, Attached to Square Deck, 96" Deck, DB 386 8575 1 NOTE: 4-week lead time required. PlayBooster® Climbers w/SteelX Handholds 139491A Block Climber w/SteelX® Handholds 32" Deck 177 3635 139491B Block Climber w/SteelX® Handholds 40" Deck 205 4240 153351A Chain Ladder w/SteelX® Handholds 32"-40" Deck DB 76 1745 153351D Chain Ladder w/SteelX® Handholds 40" Deck SM 68 1700 153351B Chain Ladder w/SteelX® Handholds 48"-56" Deck DB 80 1860 153351E Chain Ladder w/SteelX® Handholds 48"-56" Deck SM 72 1805 153351C Chain Ladder w/SteelX® Handholds 64"-72" Deck, DB 85 1970 153351F Chain Ladder w/SteelX® Handholds 64"-72" Deck, SM 77 1905 139501A Cliff Climber w/SteelX® Handholds 48" Deck 157 2925 139501B Cliff Climber w/SteelX® Handholds 56" Deck 157 2970 139501C Cliff Climber w/SteelX® Handholds 64" Deck 177 3505 139501D Cliff Climber w/SteelX® Handholds 72" Deck 178 3535 148437A Corkscrew Climber w/SteelX® Handholds 32"-48" Deck 89 2050 148437B Corkscrew Climber w/SteelX® Handholds 56"-72" Deck 101 2325 139500A Cozy Climber™ w/SteelX® Handholds 32"-40" Deck 140 3900 139500B Cozy Climber™ w/SteelX® Handholds 48" Deck 150 4195 152910A Deck Link w/SteelX® Panels 1 Step 112 2290 152910B Deck Link w/SteelX® Panels 2 Steps 143 2595 152910C Deck Link w/SteelX® Panels 3 Steps 176 2910 152910D Deck Link w/SteelX® Panels 4 Steps 209 3190 139488A Double Wave Climber w/SteelX® Handholds 48" to 48" Deck or 56" to 56" Deck 245 6340 139488C Double Wave Climber w/SteelX® Handholds 48" to 64" Deck or 56" to 72" Deck 259 6435 2026 Playground Equipment Price List Pricing effective on September 22, 2025 Model # Description UPS Weight(lbs) Price($) NOTE: All products identified above are a Direct Bury type of installation unless otherwise noted. For Surface Mounting, contact the LSI Design Department for price quote. Confidential: Internal Landscape Structures Use Only Because of our commitment to safety, innovation and value, we reserve the right to change pricing at any time. 12 139488B Double Wave Climber w/SteelX® Handholds 64" to 64" Deck or 72" to 72" Deck 272 6495 139493A Loop Arch w/SteelX® Handholds 32"-48" Deck 96 2430 139493B Loop Arch w/SteelX® Handholds 56" Deck 101 2635 139493C Loop Arch w/SteelX® Handholds 64"-72" Deck 108 2900 139495A Loop Ladder w/SteelX® Handholds 40"-48" Deck 86 1800 148438A Loop Pole w/SteelX® Handholds 32"-48" Deck 78 2050 148438B Loop Pole w/SteelX® Handholds 56"-72" Deck 98 2170 303837A Mobius® Climber w/SteelX® Handholds (DB Only) 234 7185 139487A Single Wave Climber w/SteelX® Handholds 48" Deck Difference 118 3220 139487B Single Wave Climber w/SteelX® Handholds 64" Deck Difference 132 3315 139490A Snake Climber w/SteelX® Handholds 48"-56" Deck 133 3040 139490B Snake Climber w/SteelX® Handholds 64"-72" Deck 146 3175 139492A Step Ladder w/SteelX® Handholds 32" Deck, DB 122 2700 139492E Step Ladder w/SteelX® Handholds 32" Deck, SM 113 2635 139492B Step Ladder w/SteelX® Handholds 40" Deck, DB 137 2900 139492F Step Ladder w/SteelX® Handholds 40" Deck, SM 128 2800 139492C Step Ladder w/SteelX® Handholds 48"-56" Deck, DB 174 3260 139492G Step Ladder w/SteelX® Handholds 56" Deck, SM 165 3175 139492D Step Ladder w/SteelX® Handholds 64"-72" Deck, DB 217 3635 139492H Step Ladder w/SteelX® Handholds 72" Deck, SM 208 3555 139494A Vertical Ladder w/SteelX® Handholds 24"-32" Deck 61 1540 139494B Vertical Ladder w/SteelX® Handholds 40"-48" Deck 69 1595 139494C Vertical Ladder w/SteelX® Handholds 56" Deck 73 1690 139494D Vertical Ladder w/SteelX® Handholds 64"-72" Deck 78 1800 139502A Wiggle Ladder w/SteelX® Handholds 32" Deck 62 1380 139502B Wiggle Ladder w/SteelX® Handholds 40" Deck 68 1475 139502C Wiggle Ladder w/SteelX® Handholds 48" Deck 74 1540 139502D Wiggle Ladder w/SteelX® Handholds 56" Deck 74 1590 139502E Wiggle Ladder w/SteelX® Handholds 64" Deck 80 1655 139502F Wiggle Ladder w/SteelX® Handholds 72" Deck 86 1725 PlayBooster® Climbers w/Vibe Handholds 179026A ABC Climber w/Vibe® Handholds 32"-48" Deck 160 2700 229836B Arcade Climber w/Vibe® Handholds 72" Deck 143 2925 229836A Arcade Climber w/Vibe® Handholds 96" Deck DB Only 157 3035 179025A Block Climber w/Vibe® Handholds 32" Deck 180 3580 179025B Block Climber w/Vibe® Handholds 40" Deck 209 4185 179010A Cascade Climber w/Vibe® Handhold 4-Panel, 48"-56" Deck (DB Only) 232 3550 179010B Cascade Climber w/Vibe® Handhold 6-Panel, 64"-72" Deck (DB Only) 323 4620 179027A Chain Ladder w/Vibe® Handholds 32"-40" Deck DB 82 1725 179027B Chain Ladder w/Vibe® Handholds 48"-56" Deck DB 87 1820 179027C Chain Ladder w/Vibe® Handholds 64"-72" Deck DB 91 1970 229834A Chimney Climber w/Vibe® Handholds 56" Deck 158 5340 229834D Chimney Climber w/Vibe® Handholds 64" Deck 163 5725 229834B Chimney Climber w/Vibe® Handholds 72" Deck 165 6125 229834C Chimney Climber w/Vibe® Handholds 96" Deck 188 6480 179024A Cliff Climber w/Vibe® Handholds 48" Deck 161 2920 179024B Cliff Climber w/Vibe® Handholds 56" Deck 161 2945 179024C Cliff Climber w/Vibe® Handholds 64" Deck 178 3435 179024D Cliff Climber w/Vibe® Handholds 72" Deck 178 3465 178961B Conical Climber™ w/Vibe® Handholds 40" Deck 143 5185 178961A Conical Climber™ w/Vibe® Handholds 72" Deck 186 6355 180101A Corkscrew w/Vibe® Handholds 32"-48" Deck 93 2025 180101B Corkscrew w/Vibe® Handholds 56"-72" Deck 106 2235 180092A Cozy Climber™ w/Vibe® Handholds 32"-40" Deck 146 3865 180092B Cozy Climber™ w/Vibe® Handholds 48" Deck 155 4135 200610A Crest Climber w/Vibe® Handholds 232 8300 179020A Croquet Climber w/Vibe® Handholds 48"-56"Dk DB 92 2460 179020B Croquet Climber w/Vibe® Handholds 64"-72"Dk DB 95 2515 229838A Dot-to-Dot Climber w/Vibe® Handholds 175 3495 178959A Double Wave Climber w/Vibe® Handholds 48" to 48" Deck or 56" to 56" Deck 238 6285 2026 Playground Equipment Price List Pricing effective on September 22, 2025 Model # Description UPS Weight(lbs) Price($) NOTE: All products identified above are a Direct Bury type of installation unless otherwise noted. For Surface Mounting, contact the LSI Design Department for price quote. Confidential: Internal Landscape Structures Use Only Because of our commitment to safety, innovation and value, we reserve the right to change pricing at any time. 13 178959C Double Wave Climber w/Vibe® Handholds 48" to 64" Deck or 56" to 72" Deck 242 6330 178959B Double Wave Climber w/Vibe® Handholds 64" to 64" Deck or 72" to 72" Deck 247 6430 200608A Flex Climber w/Vibe® Handholds 438 12455 179021A Funnel Climber™ Vibe® Handhold 51 875 201886A JigJag Climber w/Vibe® Handhold 48" Deck 152 2545 201886B JigJag Climber w/Vibe® Handhold 56"-72" Deck 156 2805 179018A Logo Climber w/Vibe® Handholds 56"-64"Dk DB 122 2515 179019A Lollipop Climber 48"-56"Dk DB 89 2460 179019B Lollipop Climber 64"-72"Dk DB 98 2515 178958A Loop Arch w/Vibe® Handholds 32"-48" Deck 103 2390 178958B Loop Arch w/Vibe® Handholds 56" Deck 108 2610 178958C Loop Arch w/Vibe® Handholds 64"-72" Deck 113 2860 178960A Loop Ladder w/Vibe® Handholds 40"-48" Deck 92 1735 180102A Loop Pole w/Vibe® Handholds 32"-48" Deck 83 2025 180102B Loop Pole w/Vibe® Handholds 56"-72" Deck 88 2160 185095A Manta Ray Climber® w/Vibe® Handholds 126" Module w/3" Offset 48" Deck (DB Only), Steel Posts Required 226 8860 178963A Manta Ray Climber® w/Vibe® Handholds 48" Deck (DB Only), Steel Posts Required 226 8860 178963B Manta Ray Climber® w/Vibe® Handholds 56" Deck (DB Only), Steel Posts Required 226 8860 178963C Manta Ray Climber® w/Vibe® Handholds 64" Deck (DB Only), Steel Posts Required 226 8860 179011A Mini Summit Climber w/Vibe® Handholds 40"-48" Deck 112 2165 303836A Mobius® Climber w/Vibe® Handholds (DB Only) 218 7160 184606B O-Zone® 3-Ring Climber 24" or 32" Deck w/Vibe® Handholds 223 8490 184606C O-Zone® 3-Ring Climber 40" or 48" Deck w/Vibe® Handholds 223 8490 184606A O-Zone® 3-Ring Climber Ground or 16" Deck w/Vibe® Handholds 121 6745 180087A Panel Vertical Ladder w/Vibe® Handholds 24" Deck Difference. Deck-to-Deck or Deck-to-Ground 71 1640 180087B Panel Vertical Ladder w/Vibe® Handholds 32" Deck Difference. Deck-to-Deck or Deck-to-Ground 79 1780 180087C Panel Vertical Ladder w/Vibe® Handholds 40" Deck Difference. Deck-to-Deck or Deck-to-Ground 85 1950 180087D Panel Vertical Ladder w/Vibe® Handholds 48" Deck Difference. Deck-to-Deck or Deck-to-Ground 95 2235 180087E Panel Vertical Ladder w/Vibe® Handholds 56" Deck Difference. Deck-to-Deck or Deck-to-Ground 100 2495 180087F Panel Vertical Ladder w/Vibe® Handholds 64" Deck Difference. Deck-to-Deck or Deck-to-Ground 107 2715 180087G Panel Vertical Ladder w/Vibe® Handholds 72" Deck Difference. Deck-to-Deck or Deck-to-Ground 113 3055 180098A Pod Climber® 32"-40" Deck w/Vibe® Handholds 91 2310 180098B Pod Climber® 32"-40" Deck w/Vibe® Handholds 1 Handloop 96 2450 180098D Pod Climber® 32"-40" Deck w/Vibe® Handholds 1 Handloop and 1 Handrail 112 2670 180098C Pod Climber® 32"-40" Deck w/Vibe® Handholds 1 Handrail 108 2560 179013A Pod Climber® w/Vibe® Handhold No Handloop 24" Deck 51 1575 179013B Pod Climber® w/Vibe® Handhold 1 Handloop 24" Deck 55 1715 179012A Pod Climber® w/Vibe® Handhold 16" Deck w/1 Handhold Panel 37 1180 200611A Portal Climber w/Vibe® Handholds (DB Only) 229 8385 179016A Ring Tangle® Climber w/Handholds 24"-48" Deck 215 4095 200607A Seeker Climber w/Vibe® Handholds 32" Deck Difference 287 10280 200607B Seeker Climber w/Vibe® Handholds Equal Decks, High to High 304 11450 200607C Seeker Climber w/Vibe® Handholds Equal Decks, Low to Low 271 9145 229837B Shockwave Climber w/Vibe® Handholds 72" Deck 237 4180 229837A Shockwave Climber w/Vibe® Handholds 96" Deck DB Only 333 4680 179005A Single Wave Climber w/Vibe® Handholds 48" Deck Difference 121 3170 179005B Single Wave Climber w/Vibe® Handholds 64" Deck Difference 125 3285 179028A Sling Shot Climber™ w/Vibe® Handholds 48" Deck 153 5235 179028B Sling Shot Climber™ w/Vibe® Handholds 56" Deck 153 5235 178957A Snake Climber w/Vibe® Handholds 48"-56" Deck 131 3005 178957B Snake Climber w/Vibe® Handholds 64"-72" Deck 136 3150 2026 Playground Equipment Price List Pricing effective on September 22, 2025 Model # Description UPS Weight(lbs) Price($) NOTE: All products identified above are a Direct Bury type of installation unless otherwise noted. For Surface Mounting, contact the LSI Design Department for price quote. Confidential: Internal Landscape Structures Use Only Because of our commitment to safety, innovation and value, we reserve the right to change pricing at any time. 14 179017A SpaceLink Climber™ w/Vibe® Handholds to 72" Deck Deck-to- Aeronet (Steel Posts and DB Only) 124 8820 178962A SpaceWalk Climber™ w/Vibe® Handholds 32"-48" Deck, Deck-to- Deck 245 11685 179004A Spiral Climber w/Vibe® Handhold 32" Deck 69 1570 179004B Spiral Climber w/Vibe® Handhold 40"-48" Deck 85 2095 179004C Spiral Climber w/Vibe® Handhold 56"-64" Deck 101 2595 179004D Spiral Climber w/Vibe® Handhold 72" Deck 118 3150 271909A Square Loop Incline Climber w/Vibe® Handholds 72" Deck 129 2165 179009A Star Seeker Climber w/Vibe® Handholds 72" Deck (Square Deck, Steel Posts and DB Only) 145 5445 179014A Starburst Climber w/Vibe® Handholds 153 3520 180084A Step Ladder w/Vibe® Handholds 32" Deck 2"SM 121 2610 180084A Step Ladder w/Vibe® Handholds 32" Deck DB 130 2670 180084B Step Ladder w/Vibe® Handholds 40" Deck 2"SM 136 2770 180084B Step Ladder w/Vibe® Handholds 40" Deck DB 145 2860 180084C Step Ladder w/Vibe® Handholds 48"-56" Deck DB 181 3220 180084C Step Ladder w/Vibe® Handholds 56" Deck 2"SM 172 3150 180084D Step Ladder w/Vibe® Handholds 64"-72" Deck DB 224 3580 180084D Step Ladder w/Vibe® Handholds 72" Deck 2"SM 215 3535 179007A Summit Climber™ w/Vibe® Handholds 64" Deck (DB Only) and 72" Deck 127 2370 179008A Summit Climber™ for PlayOdyssey® w/Vibe® Handholds 72" Deck 139 2450 179022A Sunbeam Climber w/Vibe® Handhold 126 2790 179023A Vertical Ladder w/Vibe® Handholds 24"-32" Deck 68 1510 179023B Vertical Ladder w/Vibe® Handholds 40"-48" Deck 75 1600 179023C Vertical Ladder w/Vibe® Handholds 56" Deck 80 1675 179023D Vertical Ladder w/Vibe® Handholds 64"-72" Deck 85 1735 180090A Wiggle Ladder w/Vibe® Handholds 32" Deck 70 1410 180090B Wiggle Ladder w/Vibe® Handholds 40" Deck 75 1465 180090C Wiggle Ladder w/Vibe® Handholds 48" Deck 81 1510 180090D Wiggle Ladder w/Vibe® Handholds 56" Deck 81 1575 180090E Wiggle Ladder w/Vibe® Handholds 64" Deck 87 1640 180090F Wiggle Ladder w/Vibe® Handholds 72" Deck 93 1720 272369C Zenith® Climber w/Vibe® Handholds Attached to Hex Deck 72" Deck Direct Bury 438 9230 272369F Zenith® Climber w/Vibe® Handholds Attached to Hex Deck 96" Deck Direct Bury 451 9530 272369A Zenith® Climber w/Vibe® Handholds Attached to Square Deck 72" Deck Direct Bury 397 8690 272369D Zenith® Climber w/Vibe® Handholds Attached to Square Deck 96" Deck Direct Bury 405 9005 PlayBooster® Climbers Nature-Inspired 174450A AdventureScapes® Design 1 40"Deck (DB Only) 1 2970 23860 174451A AdventureScapes® Design 2 40"Deck (DB Only) 1 5880 43040 174452A AdventureScapes® Design 3 40"Deck (DB Only) 1 4410 43355 174453A AdventureScapes® Design 4 40"Deck (DB Only) 1 7330 62870 174454A AdventureScapes® Design 5 40"Deck (DB Only) 1 10220 78080 174455A AdventureScapes® Design 6 40"Deck (DB Only) 1 8760 82025 174456A AdventureScapes® Design 7 40"Deck (DB Only) 1 11670 97880 174457A AdventureScapes® Design 8 40"Deck (DB Only) 1 11690 101520 174458A AdventureScapes® Design 9 40"Deck (DB Only) 1 16020 136570 207851A Canyon Corkscrew Net w/The Ascent® Rock 2,1 2949 10200 207851B Canyon Corkscrew Net w/The Bend® Rock 2,1 4738 12875 207851C Canyon Corkscrew Net w/The Chimney® Rock 2,1 4228 10715 207852A Canyon High Wire Net w/The Ascent® Rock 2,1 2930 9945 207852B Canyon High Wire Net w/The Bend® Rock 2,1 4721 12645 207852C Canyon High Wire Net w/The Chimney® Rock 2,1 4209 10470 172666A Corkscrew Climber w/Recycled Wood-Grain Handholds 32"- 48" Deck 97 2560 172666B Corkscrew Climber w/Recycled Wood-Grain Handholds 56"-72" Deck 109 2785 169322C Discovery Tree Climb™ Aluminum Post w/o Roof (DB Only) 1776 26830 169322A Discovery Tree Climb™ Aluminum Post w/Roof (DB Only) 1792 26995 169322D Discovery Tree Climb™ Steel Post w/o Roof (DB Only) 1830 26715 2026 Playground Equipment Price List Pricing effective on September 22, 2025 Model # Description UPS Weight(lbs) Price($) NOTE: All products identified above are a Direct Bury type of installation unless otherwise noted. For Surface Mounting, contact the LSI Design Department for price quote. Confidential: Internal Landscape Structures Use Only Because of our commitment to safety, innovation and value, we reserve the right to change pricing at any time. 15 169322B Discovery Tree Climb™ Steel Post w/Roof (DB Only) 1873 26895 237938A Facet® Stepper w/Recycled Wood-Grain Handholds 16" Deck (DB Only) 3 311 2745 237938B Facet® Stepper w/Recycled Wood-Grain Handholds 24" Deck (DB Only) 3 842 4375 237938C Facet® Stepper w/Recycled Wood-Grain Handholds 32" Deck (DB Only) 3 1523 5850 111812A Headform Set UPS 4 88 183193A Log Stack Climber 48"Deck w/Wood-Grain Handholds 1 3630 20775 183193B Log Stack Climber 72"Deck w/Wood-Grain Handholds 1 4070 23495 175572A Log Stepper 16" Deck w/1 Recycled Wood-Grain Handhold 192 1700 175573A Log Stepper 24" Deck w/1 Recycled Wood-Grain Handhold 436 3090 175573B Log Stepper 24" Deck w/1 Recycled Wood-Grain Handhold, 1 Handloop 440 3250 175574A Log Stepper 32" Deck w/2 Recycled Wood-Grain Handholds 885 5885 175574B Log Stepper 32" Deck w/2 Recycled Wood-Grain Handholds, 1 Handloop 889 6045 175574D Log Stepper 32" Deck w/2 Recycled Wood-Grain Handholds, 1 Handloop and 1 Handrail 901 6300 175574C Log Stepper 32" Deck w/2 Recycled Wood-Grain Handholds, 1 Handrail 897 6135 169320B Log Stepper 40"-48" Deck w/2 Recycled Wood-Grain Handholds, 1 Handloop (DB Only) 1707 8900 169320D Log Stepper 40"-48" Deck w/2 Recycled Wood-Grain Handholds, 1 Handloop and 1 Handrail 1720 9145 169320C Log Stepper 40"-48" Deck w/2 Recycled Wood-Grain Handholds, 1 Handrail (DB Only) 1716 8995 172665A Loop Pole w/Recycled Wood-Grain Handholds 32"-48" Deck 86 2560 172665B Loop Pole w/Recycled Wood-Grain Handholds 56"-72" Deck 91 2685 175179A Mushroom Stepper 16" Deck w/Recycled Wood-Grain w/Recycled Wood-Grain Handhold 154 2025 175180A Mushroom Stepper 24" Deck w/Recycled Wood-Grain w/Recycled Wood-Grain Handhold 304 3755 175180B Mushroom Stepper 24" Deck w/Recycled Wood-Grain w/Recycled Wood-Grain Handhold, 1 Handloop 308 3900 175181A Mushroom Stepper 32"-40" Deck w/Recycled Wood-Grain w/2 Recycled Wood-Grain Handholds 506 6570 175181B Mushroom Stepper 32"-40" Deck w/Recycled Wood-Grain w/2 Recycled Wood-Grain Handholds, 1 Handloop 510 6730 175181D Mushroom Stepper 32"-40" Deck w/Recycled Wood-Grain w/2 Recycled Wood-Grain Handholds, 1 Handloop and 1 Handrail 522 6975 175181C Mushroom Stepper 32"-40" Deck w/Recycled Wood-Grain w/2 Recycled Wood-Grain Handholds, 1 Handrail 518 6835 207581A The Ascent® Rock 2,1 2892 8560 207582A The Bend® Rock 1,2 4683 11225 207577A The Canyon Collection® Formation 1 w/Steel Direct Bury Posts 2,1 17500 44980 207578A The Canyon Collection® Formation 2 w/Steel Direct Bury Posts 2,1 16992 43515 207579A The Canyon Collection® Formation 3 w/Steel Direct Bury Posts 2,1 12493 36125 207580A The Canyon Collection® Formation 4 w/Steel Direct Bury Posts 2,1 12389 35980 207583A The Chimney® Rock 2,1 4170 9065 207585A The Chimney®/The Den® Rocks 2,1 8737 20305 207584A The Den® Rock 2,1 4558 11225 160420A The Peak™ Rock Climber 40" Deck 1 3081 9545 160421A The Peak™ Rock Climber Connects Between 32" Deck and 40" Deck 1 3117 10065 156070A The Pinnacle™ Extension Deck w/Handholds and Kick Panel, 1 Set Required Per Associated Deck 4 128 1475 156066A The Pinnacle™ Rock Climber 1 4000 29845 156068A The Pointe™ Rock Climber 1 2750 16695 160422A The Stepper™ Rock Climber 24" Deck 1296 5035 271906A Wood Plank Ladder w/Recycled Wood-Grain Handholds 72" Deck 155 3155 169318A Wood Plank Wiggle Ladder 32"Deck w/Recycled Wood-Grain Handholds 72 2020 169318B Wood Plank Wiggle Ladder 40"Deck w/Recycled Wood-Grain Handholds 79 2050 2026 Playground Equipment Price List Pricing effective on September 22, 2025 Model # Description UPS Weight(lbs) Price($) NOTE: All products identified above are a Direct Bury type of installation unless otherwise noted. For Surface Mounting, contact the LSI Design Department for price quote. Confidential: Internal Landscape Structures Use Only Because of our commitment to safety, innovation and value, we reserve the right to change pricing at any time. 16 169318C Wood Plank Wiggle Ladder 48"Deck w/Recycled Wood-Grain Handholds 79 2095 169318D Wood Plank Wiggle Ladder 56"Deck w/Recycled Wood-Grain Handholds 86 2170 169318E Wood Plank Wiggle Ladder 64"Deck w/Recycled Wood-Grain Handholds 92 2205 169318F Wood Plank Wiggle Ladder 72"Deck w/Recycled Wood-Grain Handholds 94 2315 170354A Wood Plank Wiggle Ladder EN 32"Deck w/Recycled Wood-Grain Handholds 72 2020 170354B Wood Plank Wiggle Ladder EN 40"Deck w/Recycled Wood-Grain Handholds 79 2050 170354C Wood Plank Wiggle Ladder EN 48"Deck w/Recycled Wood-Grain Handholds 79 2095 170354D Wood Plank Wiggle Ladder EN 56"Deck w/Recycled Wood-Grain Handholds 86 2170 170354E Wood Plank Wiggle Ladder EN 64"Deck w/Recycled Wood-Grain Handholds 92 2205 170354F Wood Plank Wiggle Ladder EN 72"Deck w/Recycled Wood-Grain Handholds 94 2315 1 NOTE: Due to weight of product, a forklift with appropriate capacity is needed for unloading at time of delivery. 2 NOTE: A logistics van with E-track is required to ship this model. 3 NOTE: 4-week lead time required. 4 NOTE: AdventureScapes® designs are able to connect to a 40" deck. PlayBooster® Climbers Other 271905A Arcade Climber 90° Tri-Deck 72" Deck 150 3100 178483A Barn Cliff Climber w/Permalene® Handholds, 48" Deck, 12" Surface Mount 147 3560 178483A Barn Cliff Climber w/Permalene® Handholds, 48" Deck, 2" Surface Mount 140 3560 178483A Barn Cliff Climber w/Permalene® Handholds, 48" Deck, Direct Bury 148 3500 178483B Barn Cliff Climber w/Permalene® Handholds, 56" Deck, 12" Surface Mount 147 3580 178483B Barn Cliff Climber w/Permalene® Handholds, 56" Deck, 2" Surface Mount 140 3580 178483B Barn Cliff Climber w/Permalene® Handholds, 56" Deck, Direct Bury 148 3520 178483C Barn Cliff Climber w/Permalene® Handholds, 64" Deck, 12" Surface Mount 166 4075 178483D Barn Cliff Climber w/Permalene® Handholds, 64" Deck, 12" Surface Mount 166 4100 178483C Barn Cliff Climber w/Permalene® Handholds, 64" Deck, 2" Surface Mount 162 4075 178483D Barn Cliff Climber w/Permalene® Handholds, 64" Deck, 2" Surface Mount 162 4100 178483C Barn Cliff Climber w/Permalene® Handholds, 64" Deck, Direct Bury 169 3970 178483D Barn Cliff Climber w/Permalene® Handholds, 72" Deck, Direct Bury 169 3985 176081A Canyon Climber 112 2070 153352A Chain Ladder 90° Tri-Deck 32"-40" 90° Tri-Deck w/TenderTuff™ Handholds 97 2245 153352B Chain Ladder 90° Tri-Deck 48"-56" 90° Tri-Deck w/TenderTuff™ Handholds 102 2370 153352C Chain Ladder 90° Tri-Deck 64"-72" 90° Tri-Deck w/TenderTuff™ Handholds 106 2485 230140A Chimney Climb Across™ 72" to 72" Deck (DB Only) 157 5705 126374A Cozy Climber™ 90° Tri-Deck 32"-40" 90° Tri-Deck w/TenderTuff™ Handholds 158 3900 126374B Cozy Climber™ 90° Tri-Deck 48" 90° Tri-Deck w/TenderTuff™ Handholds 167 4280 360412B Crux™ Climber, 48" Deck, Direct Bury 132 6250 360412B Crux™ Climber, 48" Deck, Surface Mount 129 6435 360412A Crux™ Climber, 72" Deck, Direct Bury 215 9295 360412A Crux™ Climber, 80" Deck, Direct Bury 215 9295 2026 Playground Equipment Price List Pricing effective on September 22, 2025 Model # Description UPS Weight(lbs) Price($) NOTE: All products identified above are a Direct Bury type of installation unless otherwise noted. For Surface Mounting, contact the LSI Design Department for price quote. Confidential: Internal Landscape Structures Use Only Because of our commitment to safety, innovation and value, we reserve the right to change pricing at any time. 17 235756A Fish Net Climber 8"-40" Deck 65 3675 220543A GeoPlex® 123" Deck-To-Deck Climber Aluminum Post 490 11685 220543B GeoPlex® 123" Deck-To-Deck Climber Steel Post 634 11480 220542A GeoPlex® 84" Deck-To-Deck Climber Aluminum Post 349 8395 220542B GeoPlex® 84" Deck-To-Deck Climber Steel Post 448 8265 219509A GeoPlex® Climber 40"-56" Deck 64 1345 219509B GeoPlex® Climber 72" Deck 101 2285 220539A GeoPlex® Double Panel Elevated 76 1850 220538A GeoPlex® Double Panel Ground Level 76 1850 220541A GeoPlex® Ground-To-Deck Double Climber Aluminum Posts 236 5575 220541B GeoPlex® Ground-To-Deck Double Climber Steel Posts 322 5450 220544A GeoPlex® Ground-To-Deck Triple Climber Aluminum Posts 336 7900 220544B GeoPlex® Ground-To-Deck Triple Climber Steel Posts 470 7720 220540A GeoPlex® Triple Panel 113 2775 202056A JigJag Climber, Double Aluminum Posts (DB Only) 307 5000 202056C JigJag Climber, Double Aluminum Posts (DB Only) 314 5030 202056E JigJag Climber, Double Aluminum Posts (DB Only) 315 5040 202056B JigJag Climber, Double Steel Posts (DB Only) 367 4950 202056D JigJag Climber, Double Steel Posts (DB Only) 374 4955 202056F JigJag Climber, Double Steel Posts (DB Only) 377 4975 201888A JigJag Climber, Single Aluminum Posts (DB Only) 176 2830 201888C JigJag Climber, Single Aluminum Posts (DB Only) 179 2850 201888E JigJag Climber, Single Aluminum Posts (DB Only) 180 2880 201888B JigJag Climber, Single Steel Posts (DB Only) 236 2775 201888D JigJag Climber, Single Steel Posts (DB Only) 239 2785 201888F JigJag Climber, Single Steel Posts (DB Only) 243 2800 125688A Loop Arch 90° Tri-Deck 32"-48" 90° Tri-Deck w/TenderTuff™ Handholds 116 2550 125688B Loop Arch 90° Tri-Deck 56" 90° Tri-Deck w/TenderTuff™ Handholds 121 2785 125688C Loop Arch 90° Tri-Deck 64"-72" 90° Tri-Deck w/TenderTuff™ Handholds 128 3000 185583A Ring Tangle® Climber Ground Level 114 2335 175953A Ship Bow Chain Climber, Direct Bury 31 1420 175953A Ship Bow Chain Climber, Direct Bury, Attached to 84" Bow 31 1420 176832A Ship Vertical Ladder, 40" Deck Difference 57 1675 176832B Ship Vertical Ladder, 48" Deck Difference 67 1955 146812A Sky Rail Climber 64" Deck (DB Only) and 72" Deck 88 2300 126375A Snake Climber 90° Tri-Deck 48"-56" 90° Tri-Deck w/TenderTuff™ Handholds 153 3575 126375B Snake Climber 90° Tri-Deck 64"-72" 90° Tri-Deck w/TenderTuff™ Handholds 166 3755 234095A Spider Web Climber 16"-32" Deck (DB Only) 136 3810 271910A Square Loop Incline Climber 90° Tri-Deck 72" Deck 139 2335 302740B Tidal Wave Climber 48"Dk DB 495 12695 302740A Tidal Wave Climber 56"Dk DB 498 12695 305730B Tidal Wave Climber EN 48"Dk DB 512 13965 305730A Tidal Wave Climber EN 56"Dk DB 515 13965 126372A Vertical Ladder 90° Tri-Deck 24"-32" 90° Tri-Deck w/TenderTuff™ Handholds 81 1800 126372B Vertical Ladder 90° Tri-Deck 40"-48" 90° Tri-Deck w/TenderTuff™ Handholds 88 1875 126372C Vertical Ladder 90° Tri-Deck 56" 90° Tri-Deck w/TenderTuff™ Handholds 93 1950 126372D Vertical Ladder 90° Tri-Deck 64"-72" 90° Tri-Deck w/TenderTuff™ Handholds 97 2050 302748A Vine Climber DB Only 296 10155 126371A Wiggle Ladder 90° Tri-Deck 32" 90° Tri-Deck w/TenderTuff™ Handholds 82 1715 126371B Wiggle Ladder 90° Tri-Deck 40" 90° Tri-Deck w/TenderTuff™ Handholds 88 1810 126371C Wiggle Ladder 90° Tri-Deck 48" 90° Tri-Deck w/TenderTuff™ Handholds 93 1875 126371D Wiggle Ladder 90° Tri-Deck 56" 90° Tri-Deck w/TenderTuff™ Handholds 94 1950 2026 Playground Equipment Price List Pricing effective on September 22, 2025 Model # Description UPS Weight(lbs) Price($) NOTE: All products identified above are a Direct Bury type of installation unless otherwise noted. For Surface Mounting, contact the LSI Design Department for price quote. Confidential: Internal Landscape Structures Use Only Because of our commitment to safety, innovation and value, we reserve the right to change pricing at any time. 18 126371E Wiggle Ladder 90° Tri-Deck 64" 90° Tri-Deck w/TenderTuff™ Handholds 99 2030 126371F Wiggle Ladder 90° Tri-Deck 72" 90° Tri-Deck w/TenderTuff™ Handholds 104 2095 271907A Wood Plank Ladder 90° Tri-Deck 72" Deck 165 2795 PlayBooster® Overhead Events 142890A 90° Horizontal Ladder 32" Deck Maximum 114 2660 141886A Access/Landing Assembly Rails 24" Deck UPS 34 960 141886B Access/Landing Assembly Rails 32" Deck UPS 46 1245 141887B Access/Landing Assembly Seat 16" Deck UPS 36 865 141887A Access/Landing Assembly Seat 8" Deck UPS 36 865 121952B Air Dancer™ 32" Deck Maximum 110 2660 142883A C-Horizontal Ladder 32" Deck Maximum 186 3880 142891A Circular Horizontal Ladder 32" Deck Maximum 229 4865 142887A Horizontal Ladder 32" Deck Maximum 98 1655 139782A Horizontal Ladder, Ages 4-5 84" Module, 16" Deck Maximum 74 1305 193170A LolliLadder™ w/2 E-Pods 81 3540 119430A Overhead Parallel Bars 32" Deck Maximum 121 1725 184489B Overhead Trekker™ Ladder Deck to Deck DB 91 2520 184489C Overhead Trekker™ Ladder Ground Level DB 115 3430 184489A Overhead Trekker™ Ladder Ground to Deck DB 103 2965 111467A Ring Bridge S-Shape, 32" Deck Maximum, Brown Rings Only 87 2440 111467B Ring Bridge Straight, 32" Deck Maximum, Brown Rings Only 80 2145 130873A Ring Pull Brown Rings Only, Intended for Wheelchair Users UPS 14 925 126203A Ring-a-Ling™ Overhead Event 32" Deck Maximum 143 3575 142884A S-Horizontal Ladder 32" Deck Maximum 186 3880 119806A Single Beam Loop Horizontal Ladder (123") 32" Deck Maximum 113 1910 119805A Single Beam Loop Horizontal Ladder (84") 32" Deck Maximum 75 1475 111353A Track Ride 10' Straight 16" Deck Maximum 125 3675 112465A Track Ride 18' Straight 16" Deck Maximum 174 4180 118093A Track Ride Curved 18' Module, 16" Deck to Ground 178 4865 111468A Trapeze Horizontal Ladder 18" Wide, 32" Deck Maximum 121 2550 123824A Triple Ring Fling™ 24" or 32" Deck-to-Ground 177 3755 111273A Vertical Ladder 116" Aluminum Posts 94 1850 111273B Vertical Ladder 116" Steel Posts 174 1725 116208A Vertical Ladder for Ring Bridge 132" Aluminum Posts 97 1950 116208B Vertical Ladder for Ring Bridge 132" Steel Posts 192 1860 119613A Wave Horizontal Ladder 32" Deck Maximum 108 1875 PlayBooster® Bridges & Ramps 168111A 12' Double-Wide Ramp w/Barriers 1004 14830 168110A 12' Double-Wide Ramp w/Guardrails and Curbs 916 12810 174817A 12' Ramp w/Barriers 768 11070 174815A 12' Ramp w/Guardrails and Curbs 638 9785 143677B Arch Bridge (123") w/Barriers, 72" Deck Maximum 494 8125 143677A Arch Bridge (123") w/Guardrails, 40" Deck Maximum 405 6235 114665A Arch Bridge (42") w/Permalene® Barriers 150 3255 139383A Arch Bridge (42") w/SteelX® Barriers 242 3465 120624A Belt Bridge (123") 24"-48" Decks 279 5465 114373A Belt Bridge (42") w/Permalene® Barriers 111 3255 120310A Belt Bridge (84") 24"-48" Decks 227 4685 156231A Bridge w/Barriers 526 6145 156230A Bridge w/Guardrails w/Curbs 404 5340 156230B Bridge w/Guardrails w/o Curbs 374 4740 111345A Bridge/Ramp Transition Bracket 21 415 147425A Clatterbridge (123") w/Barriers 24"-72" Deck 623 9465 143195A Clatterbridge (123") w/Guardrails 24"-48" Deck 476 6655 147424A Clatterbridge (84") w/Barriers 24"-72" Deck 434 7670 143194A Clatterbridge (84") w/Guardrails 24"-48" Deck 339 5215 362045A Crossbar Bridge, Direct Bury 171 7090 121416A Disc Challenge (123") 24" Deck Maximum, w/2 Handhold Panels 208 5715 165575A Disc Challenge (123") 24" Deck Maximum, w/2 Handloops 204 5915 121416B Disc Challenge (123") 40" Deck Maximum, w/3 Handhold Panels 220 5955 2026 Playground Equipment Price List Pricing effective on September 22, 2025 Model # Description UPS Weight(lbs) Price($) NOTE: All products identified above are a Direct Bury type of installation unless otherwise noted. For Surface Mounting, contact the LSI Design Department for price quote. Confidential: Internal Landscape Structures Use Only Because of our commitment to safety, innovation and value, we reserve the right to change pricing at any time. 19 165575B Disc Challenge (123") 40" Deck Maximum, w/3 Handloops 214 6250 121416C Disc Challenge (123") 40" Deck Maximum, w/4 Handhold Panels 232 6190 165575C Disc Challenge (123") 40" Deck Maximum, w/4 Handloops 224 6585 180089A Disc Challenge (123") w/Vibe® Handholds 24" Deck Maximum, w/2 Handhold Panels 236 6135 180089B Disc Challenge (123") w/Vibe® Handholds 40" Deck Maximum, w/3 Handhold Panels 261 6585 180089C Disc Challenge (123") w/Vibe® Handholds 40" Deck Maximum, w/4 Handhold Panels 286 7020 120873A Disc Challenge (84") 24" Deck Maximum, w/2 Handhold Panels 140 3970 165573A Disc Challenge (84") 24" Deck Maximum, w/2 Handloops 136 4165 120873B Disc Challenge (84") 40" Deck Maximum, w/3 Handhold Panels 152 4200 165573B Disc Challenge (84") 40" Deck Maximum, w/3 Handloops 146 4500 120873C Disc Challenge (84") 40" Deck Maximum, w/4 Handhold Panels 164 4435 165573C Disc Challenge (84") 40" Deck Maximum, w/4 Handloops 156 4835 180088A Disc Challenge (84") w/Vibe® Handholds 24" Deck Maximum, 2 Handholds 166 4415 180088B Disc Challenge (84") w/Vibe® Handholds 40" Deck Maximum, 3 Handholds 192 4830 180088C Disc Challenge (84") w/Vibe® Handholds 40" Deck Maximum, 4 Handholds 217 5275 168547A Double-Wide Ramp Berm Plate 103 1140 168546A Double-Wide Ramp Exit Plate 132 1540 171869A Double-Wide Ramp w/Barriers 815 10405 171870C Double-Wide Ramp w/Guardrails w/Curbs, 2 Handrails per Side (CSA) 685 8125 171870A Double-Wide Ramp w/Guardrails w/Curbs, 3 Handrails per Side (ASTM), 725 8965 152443A Grid Walk w/Barriers 16" Deck Difference 328 4870 152444A Grid Walk w/Guardrails 16" Deck Difference 196 3160 361509A Pentagon Bridge, Direct Bury 171 8350 120325A Ramp Berm Exit Plate UPS 30 580 171539A Ramp Deck Extension 12"-16" Deck 54 1020 111346B Ramp Exit Plate DB 44 725 111346A Ramp Exit Plate SM 30 590 156233A Ramp w/Barriers 554 7355 156232C Ramp w/Guardrails w/Curbs, 2 Handrails per Side (CSA) 397 5070 156232A Ramp w/Guardrails w/Curbs, 3 Handrails per Side (ASTM) 435 5915 136157A S-Disc Challenge w/Handhold Panels 24" Deck Maximum, w/2 Handhold Panels 213 5715 136157B S-Disc Challenge w/Handhold Panels 40" Deck Maximum, w/3 Handhold Panels 225 5955 136157C S-Disc Challenge w/Handhold Panels 40" Deck Maximum, w/4 Handhold Panels 237 6190 165576A S-Disc Challenge w/Handloops 24" Deck Maximum, w/2 Handloops 209 5915 165576B S-Disc Challenge w/Handloops 40" Deck Maximum, w/3 Handloops 219 6250 165576C S-Disc Challenge w/Handloops 40" Deck Maximum, w/4 Handloops 229 6585 180095A S-Disc Challenge w/Vibe® Handholds 24" Deck Maximum, w/2 Handholds 256 6135 180095B S-Disc Challenge w/Vibe® Handholds 40" Deck Maximum, w/3 Handholds 281 6585 180095C S-Disc Challenge w/Vibe® Handholds 40" Deck Maximum, w/4 Handholds 306 7020 184490B Swiggle Stix® Bridge Deck to Deck DB 176 9245 184490C Swiggle Stix® Bridge Ground Level DB 156 8610 184490A Swiggle Stix® Bridge Ground to Deck DB 166 8930 193171B SwiggleKnots™ Bridge Deck to Deck (DB Only) 151 9135 193171C SwiggleKnots™ Bridge Ground Level (DB Only) 141 8610 193171A SwiggleKnots™ Bridge Ground to Deck (DB Only) 146 8865 361785A SwiggleKnots™ Bridge Inclined, Direct Bury 168 9190 193173B TightRope™ Bridge Deck to Deck 67 2895 193173C TightRope™ Bridge Ground Level 57 2335 193173A TightRope™ Bridge Ground to Deck 62 2615 2026 Playground Equipment Price List Pricing effective on September 22, 2025 Model # Description UPS Weight(lbs) Price($) NOTE: All products identified above are a Direct Bury type of installation unless otherwise noted. For Surface Mounting, contact the LSI Design Department for price quote. Confidential: Internal Landscape Structures Use Only Because of our commitment to safety, innovation and value, we reserve the right to change pricing at any time. 20 PlayBooster® Tunnels 117088A C-Crawl Tunnel Inclined Ground-48" Deck, 16" Deck Difference 1 166 7650 117089A C-Crawl Tunnel Level Ground-48" Deck 1 166 7650 142892A Crawl Tunnel 90° Curve Ground-72" Deck Above Deck 1 102 4720 142892B Crawl Tunnel 90° Curve Ground-72" Deck Ground Level 1 114 5185 126204A Crawl Tunnel Straight 32" Straight, Ground-72" Deck 1,2 78 2945 126204B Crawl Tunnel Straight 64" Straight, Ground-72" Deck 1,2 110 3915 122589A Offset Crawl Tunnel 16" Offset Deck To Deck 1 96 4340 122589B Offset Crawl Tunnel 16" Offset Deck To Ground 1 104 4555 129042A Offset Crawl Tunnel 24" Offset Deck To Deck 1 105 4760 129042B Offset Crawl Tunnel 24" Offset Deck To Ground 1 113 5035 119930B Offset Crawl Tunnel 8" Offset 1 90 4165 117088B S-Crawl Tunnel Inclined Ground-48" Deck, 16" Deck Difference 1 166 7650 117089B S-Crawl Tunnel Level Ground-48" Deck 1 166 7650 119641A Wire Crawl Tunnel Ground-72" Deck 1 126 3315 1 NOTE: Additional cost associated with Deck-to-Grade and Grade-to-Grade. 2 NOTE: Additional weight and cost associated with each View Tube section. PlayBooster® Enclosures NOTE: Enclosures do not fit under decks that are 40" or below, unless noted. Some enclosures require an additional upcharge for ground level mounting. 179041A Alphamaze/Labyrinth Vibe Panel™ Above Deck 63 1600 179041B Alphamaze/Labyrinth Vibe Panel™ Ground Level 50 1600 111240A Balcony Deck 116 1805 111240B Balcony Deck w/Steering Wheel 122 2095 115236A Ball Maze Panel UPS 65 1725 178480A Barn Driver Panel, Above Deck 56 1905 178480B Barn Driver Panel, Ground Level 63 2145 178482A Barn Panel Ground Level, 44 1370 178475A Barn Panel w/Cow Head, Above Deck 79 1895 178475B Barn Panel w/Cow Head, Ground Level 85 2135 178474A Barn Panel w/Horse Head, Above Deck 98 2435 178474B Barn Panel w/Horse Head, Ground Level 104 2660 178476A Barn Panel, Above Deck 43 1380 178476B Barn Panel, Ground Level 49 1610 178481A Barn Periscope Panel, Above Deck 64 2585 178481B Barn Periscope Panel, Ground Level 70 2830 160694A Barrier w/Infill Panel UPS 32 865 164092A Bongo Panel® Above Deck UPS 53 1390 164092B Bongo Panel® Ground Level UPS 59 1655 345291A Bongo Panel®, Above Deck 53 1390 345291B Bongo Panel®, at Grade 59 1655 164094A Bongo Reach Panel Above Deck UPS 37 1255 164094B Bongo Reach Panel Ground Level UPS 37 1255 345296A Bongo Reach Panel, Above Deck 37 1255 345296B Bongo Reach Panel, At Grade 37 1255 179042A Bongo Vibe Panel™ Above Deck 78 1880 179042B Bongo Vibe Panel™ Ground Level 65 1880 129806B Bracket Retro Kit for Wheel w/Infill UPS 4 280 129806A Bracket Retro Kit for Wheel w/o Infill UPS 2 98 123844A Braille and Clock Panel UPS 52 2285 115223A Bubble Panel Above Deck UPS 38 1190 115223B Bubble Panel Ground Level UPS 46 1420 345282A Bubble Panel, Above Deck 38 1190 345282B Bubble Panel, At Grade 46 1420 179043A Bubble Vibe™ Panel Above Deck 55 1675 179043B Bubble Vibe™ Panel Ground Level 42 1675 115243A Chimes Panel 60 2080 345286A Chimes Panel, Above Deck 60 2080 345286B Chimes Panel, At Grade 68 2320 2026 Playground Equipment Price List Pricing effective on September 22, 2025 Model # Description UPS Weight(lbs) Price($) NOTE: All products identified above are a Direct Bury type of installation unless otherwise noted. For Surface Mounting, contact the LSI Design Department for price quote. Confidential: Internal Landscape Structures Use Only Because of our commitment to safety, innovation and value, we reserve the right to change pricing at any time. 21 135731A Chimes Reach Panel UPS 31 1805 345298A Chimes Reach Panel, Above Deck 31 1805 345298B Chimes Reach Panel, At Grade 31 1805 177712A Color Splash Panel™ Above Deck 83 4150 177712B Color Splash Panel™ Ground Level 89 4320 345283A Color Splash Panel™, Above Deck 83 4150 345283B Color Splash Panel™, At Grade 89 4320 179044A Color Splash Vibe Panel™ Above Deck 86 4525 179044B Color Splash Vibe Panel™ Ground Level 73 4525 191031A Curb UPS 5 150 217909A DigiFuse® Barrier Panel Above Deck 41 1820 217909B DigiFuse® Barrier Panel Ground Level 44 2080 218172A DigiFuse® Barrier Panel w/Medallions Above Deck 43 2685 218172B DigiFuse® Barrier Panel w/Medallions Ground Level 46 2950 217908A DigiFuse® Bubble Panel Above Deck 36 2065 217908B DigiFuse® Bubble Panel Ground Level 39 2325 217912A DigiFuse® Hole Panel 29 1590 217911A DigiFuse® Periscope Panel Above Deck 60 3270 217911B DigiFuse® Periscope Panel Ground Level 64 3535 115228A Driver Panel (Permalene®) Above Deck UPS 46 1220 115228B Driver Panel (Permalene®) Ground Level UPS 54 1465 345280A Driver Panel (Permalene®), Above Deck 46 1220 345280B Driver Panel (Permalene®), At Grade 54 1465 139382A Driver Panel (SteelX®) Above Deck 89 1305 139382B Driver Panel (SteelX®) Ground Level 91 1570 178479A Duck Accent Panel 9 370 115229A Finger Maze Panel UPS 44 1015 173563A Fun Mirror Panel® Ground Level 62 3440 179045A Fun Mirror Vibe Panel™ Ground Level 111 3825 117146A Gear Panel 122 2715 219076A GeoPlex® 3/4 Barrier UPS 33 900 219075A GeoPlex® Handhold Panels UPS 26 395 178477A Goat Accent Panel 14 605 127953B Handhold Panel 1 Panel UPS 12 235 127953A Handhold Panel 2 Panels UPS 24 390 345273B Handhold Panel, 1 Panel UPS 12 235 345273A Handhold Panel, 2 Panels UPS 24 390 345278A Hole Panel (Permalene®) 30 850 115253A Hole Panel (Permalene®) 1 UPS 30 850 139381A Hole Panel (SteelX®) 1 UPS 60 945 179046A Hole Vibe™ Panel Ground Level 39 1285 123319A Hourglass Panel 66 2080 115235A House Panel (Permalene®) Above Deck UPS 39 965 115235B House Panel (Permalene®) Ground Level UPS 47 1220 345288A House Panel (Permalene®), Above Deck 39 965 345288B House Panel (Permalene®), At Grade 47 1220 139380A House Panel (SteelX®) Above Deck 82 1185 139380B House Panel (SteelX®) Ground Level 86 1410 127681A Image Panel 176 Play Blocks UPS 73 1970 345294A Image Panel, Above Deck 73 1970 345294B Image Panel, At Grade 81 2200 129043A Image Reach Panel 75 Play Blocks UPS 53 1290 345300A Image Reach Panel, Above Deck 53 1290 345300B Image Reach Panel, At Grade 53 1290 173566A Kaleidospin Panel® Ground Level 83 4715 179049A Kaleidospin Vibe Panel™ Ground Level 111 5080 173567A Marble Panel® Above Deck 64 3290 173567B Marble Panel® Ground Level 70 3465 345281A Marble Panel®, Above Deck 64 3290 345281B Marble Panel®, At Grade 70 3465 179050A Marble Vibe Panel™ Above Deck 89 3675 179050B Marble Vibe Panel™ Ground Level 76 3675 135730A Match 3 Reach Panel UPS 24 1150 345301A Match 3 Reach Panel, Above Deck 24 1150 345301B Match 3 Reach Panel, At Grade 24 1150 2026 Playground Equipment Price List Pricing effective on September 22, 2025 Model # Description UPS Weight(lbs) Price($) NOTE: All products identified above are a Direct Bury type of installation unless otherwise noted. For Surface Mounting, contact the LSI Design Department for price quote. Confidential: Internal Landscape Structures Use Only Because of our commitment to safety, innovation and value, we reserve the right to change pricing at any time. 22 127678A Match 4 Panel Above Deck UPS 46 1365 127678B Match 4 Panel Ground Level UPS 54 1600 345293A Match 4 Panel, Above Deck 46 1365 345293B Match 4 Panel, At Grade 54 1600 115234A Mirror Panel UPS 61 1655 127439A Navigator Reach Panel UPS 28 970 345295A Navigator Reach Panel, Above Deck 28 970 345295B Navigator Reach Panel, At Grade 28 970 173564A Optigear Panel® Above Deck 59 4715 173564B Optigear Panel® Ground Level 65 4855 345284A Optigear Panel®, Above Deck 59 4715 345284B Optigear Panel®, At Grade 65 4855 179051A Optigear Vibe Panel™ Above Deck 110 5120 179051B Optigear Vibe Panel™ Ground Level 97 5120 117957A Periscope Panel (Permalene®) Above Deck UPS 63 2285 117957B Periscope Panel (Permalene®) Ground Level UPS 71 2520 345289A Periscope Panel (Permalene®), Above Deck 63 2285 345289B Periscope Panel (Permalene®), At Grade 71 2520 139379A Periscope Panel (SteelX®) Above Deck 100 2630 139379B Periscope Panel (SteelX®) Ground Level 103 2895 135729A Periscope Reach Panel UPS 46 2195 345302A Periscope Reach Panel, Above Deck 46 2195 345302B Periscope Reach Panel, At Grade 46 2195 178478A Pig Accent Panel 13 530 119514A Pilot Panel Above Deck 54 1575 119514B Pilot Panel Ground Level 62 1815 345290A Pilot Panel, Above Deck 54 1575 345290B Pilot Panel, At Grade 62 1815 140244B Pipe Barrier (ProShield®) Above Deck w/o Wheel UPS 51 960 140244A Pipe Barrier (ProShield®) Above Deck w/Wheel UPS 57 1255 140244D Pipe Barrier (ProShield®) Ground Level w/o Wheel UPS 57 1190 140244C Pipe Barrier (ProShield®) Ground Level w/Wheel UPS 63 1495 117680A Pipe Barrier 90° Tri-Deck w/o Wheel 74 925 117680B Pipe Barrier 90° Tri-Deck w/Wheel 80 1230 116244A Pipe Barrier Above Deck w/o Wheel UPS 51 875 116244B Pipe Barrier Above Deck w/Wheel UPS 57 1150 116244C Pipe Barrier Ground Level w/o Wheel UPS 57 1105 116244D Pipe Barrier Ground Level w/Wheel UPS 63 1380 117681A Pipe Guardrail 90° Tri-Deck 38 935 116245A Pipe Guardrail Above Deck UPS 28 715 116245B Pipe Guardrail Ground Level UPS 36 970 115225A Puppet Panel Above Deck UPS 39 850 115225B Puppet Panel Ground Level UPS 47 1080 115226A Puppet Panel w/Window Above Deck UPS 42 1055 115226B Puppet Panel w/Window Ground Level UPS 50 1300 177718A Rain Sound Wheel Panel™ Above Deck 78 3025 177718B Rain Sound Wheel Panel™ Ground Level 84 3215 345285A Rain Sound Wheel Panel™, Above Deck 78 3025 345285B Rain Sound Wheel Panel™, At Grade 84 3215 179052A Rain Sound Wheel Vibe Panel™ Above Deck 104 3430 179052B Rain Sound Wheel Vibe Panel™ Ground Level 91 3430 169319A Recycled Wood-Grain Lumber Panel 85 1735 159459A Ring-a-Bell™ Panel Above Deck UPS 54 2030 159459B Ring-a-Bell™ Panel Ground Level UPS 61 2285 345292A Ring-a-Bell™ Panel, Above Deck 54 2030 345292B Ring-a-Bell™ Panel, At Grade 61 2285 164148A Ring-a-Bell™ Reach Panel Above Deck UPS 31 1375 164148B Ring-a-Bell™ Reach Panel Ground Level UPS 31 1375 345297A Ring-a-Bell™ Reach Panel, Above Deck 31 1375 345297B Ring-a-Bell™ Reach Panel, At Grade 31 1375 164145A Rock-n-Ring® Panel 1 UPS 71 2880 115257A Sand and Water Panel Tan Dish Only 1 UPS 83 2290 176650A Ship Cannon Panel, Above Deck 103 3190 176650B Ship Cannon Panel, Ground Level 111 3430 176638A Ship Wheel Panel, Above Deck 80 2660 2026 Playground Equipment Price List Pricing effective on September 22, 2025 Model # Description UPS Weight(lbs) Price($) NOTE: All products identified above are a Direct Bury type of installation unless otherwise noted. For Surface Mounting, contact the LSI Design Department for price quote. Confidential: Internal Landscape Structures Use Only Because of our commitment to safety, innovation and value, we reserve the right to change pricing at any time. 23 176638B Ship Wheel Panel, Ground Level 88 2915 176805A Ship Window Panel, Above Deck 28 1065 176805B Ship Window Panel, Ground Level 36 1300 188835A Sign Language Panel Above Deck UPS 44 1220 188835B Sign Language Panel Ground Level UPS 52 1475 115242B Slant Entrance Panel 24" Diameter 2"SM 1 UPS 51 1860 115242A Slant Entrance Panel 24" Diameter DB 1 UPS 55 1605 115222A Slant Window Panel UPS 66 1810 123483A Space Travel Panel 59 1880 345276A Storefront Panel (Permalene®) 24 875 115254A Storefront Panel (Permalene®) 1 UPS 24 875 139378A Storefront Panel (SteelX®) 1 UPS 38 985 130565A Table Panel 1 UPS 55 1535 345279A Table Panel, Direct Bury 55 1535 345279A Table Panel, Surface Mount 51 1600 115231A Tic-Tac-Toe Panel (Permalene®) Above Deck, Tan Discs Only 55 2050 115231B Tic-Tac-Toe Panel (Permalene®) Ground Level, Tan Discs Only 63 2295 345287A Tic-Tac-Toe Panel (Permalene®), Above Deck, Gray Blocks Only 55 2050 345287B Tic-Tac-Toe Panel (Permalene®), At Grade, Gray Blocks Only 63 2295 139377A Tic-Tac-Toe Panel (SteelX®) Above Deck 2 111 3350 139377B Tic-Tac-Toe Panel (SteelX®) Ground Level 2 113 3585 115230A Tracing Panel Above Deck UPS 44 1015 115230B Tracing Panel Ground Level UPS 52 1285 127440A Trail Tracker® Reach Panel UPS 19 655 345299A Trail Tracker® Reach Panel, Above Deck 19 655 345299B Trail Tracker® Reach Panel, At Grade 19 655 125921A TurboTwister™ Barrier Pipe Barrier w/o Wheel UPS 52 935 125921B TurboTwister™ Barrier Pipe Barrier w/Wheel UPS 58 1235 125921C TurboTwister™ Barrier Wire Barrier w/o Wheel UPS 38 1055 125921D TurboTwister™ Barrier Wire Barrier w/Wheel UPS 44 1370 201512A Vibe® 3/4 Handhold Barrier Left UPS 53 1150 201512A Vibe® 3/4 Handhold Barrier Right UPS 53 1150 180094B Vibe® Handhold Panel 1 Panel 25 410 180094A Vibe® Handhold Panel 2 Panels 51 875 180465A Window Vibe™ Panel Above Deck 56 1570 180465B Window Vibe™ Panel Ground Level 43 1570 120315A Wire Barrier 90° Tri-Deck w/o Wheel 47 1195 120315B Wire Barrier 90° Tri-Deck w/Wheel 52 1510 120314A Wire Barrier Above Deck w/o Wheel UPS 38 960 120314B Wire Barrier Above Deck w/Wheel UPS 44 1255 120314C Wire Barrier Ground Level w/o Wheel UPS 46 1215 120314D Wire Barrier Ground Level w/Wheel UPS 52 1515 173565A Xylofun Panel® Above Deck 54 3530 173565B Xylofun Panel® Ground Level 60 3660 179053A Xylofun Vibe Panel™ Above Deck 79 3900 179053B Xylofun Vibe Panel™ Ground Level 65 3900 114649A Zoo Infill Panel UPS 31 1080 115227A Zoo Panel Above Deck UPS 36 865 115227B Zoo Panel Ground Level UPS 44 1085 345277A Zoo Panel, Above Deck 36 865 345277B Zoo Panel, At Grade 44 1085 1 NOTE: Ground-Level Panels can fit under 40" Decks. 2 NOTE: 4-week lead time required. PlayBooster® Motion & More Fun 152603A Adventureship Puppet Panel Ground Level 39 865 118457A AdventureShip Ship Bow 223 4340 118458A AdventureShip Ship Front Panel 110 1950 118453A AdventureShip Ship Mast 324 8705 115224A Adventureship Window Panel Above Deck 40 880 115224B Adventureship Window Panel Ground Level 48 1115 201545A Blender™ Spinner 103 3505 193176A Boogie Board™ (DB Only) 110 3045 2026 Playground Equipment Price List Pricing effective on September 22, 2025 Model # Description UPS Weight(lbs) Price($) NOTE: All products identified above are a Direct Bury type of installation unless otherwise noted. For Surface Mounting, contact the LSI Design Department for price quote. Confidential: Internal Landscape Structures Use Only Because of our commitment to safety, innovation and value, we reserve the right to change pricing at any time. 24 111357A Chinning Bar, Aluminum Post 41 755 111357C Chinning Bar, Steel Post 80 720 166809A E-Pod® Step UPS 11 435 120901A Grab Bar UPS 5 270 201546A Gyro Twister® Spinner 106 2695 120902A Handhold Leg Lift Brown Only UPS 4 290 111275A Handloop Assembly UPS 10 335 362348A HomeBase™ Square Belt 31 2165 362354A HomeBase™ Tri Belt 16 1635 111356A Log Roll Aluminum Post, Tan Log Only UPS 87 1985 111356B Log Roll Steel Post, Tan Log Only UPS 120 1935 118089A Loop Seat 19 675 111361A Parallel Bars, Order Posts Separately 31 980 120818A Playstructure Seat UPS 26 535 111276A Rail Assembly UPS 12 330 176760A Ship Bow 126" Wide, Direct Bury 645 15615 176759A Ship Bow 84" Wide, Direct Bury 605 12785 176268A Ship Bow Spirit 90 2895 176758A Ship Flag 23 600 176758A Ship Flag, Not Attached to Crowsnest Mast 23 600 176757A Ship Mast 2-Sail w/Crowsnest, 32" Deck, Direct Bury 313 6085 176757A Ship Mast 2-Sail w/Crowsnest, 32"-40" Deck, Direct Bury 313 6085 176757B Ship Mast 2-Sail w/Crowsnest, 48" Deck, Direct Bury 317 6110 176757C Ship Mast 2-Sail w/Crowsnest, 56" Deck, Direct Bury 323 6125 176757D Ship Mast 2-Sail w/Crowsnest, 64" Deck, Direct Bury 327 6145 176757E Ship Mast 2-Sail w/Crowsnest, 72" Deck, Direct Bury 331 6180 176756A Ship Mast 2-Sail, 32" Deck, Direct Bury 257 4130 176756A Ship Mast 2-Sail, 32"-40" Deck, Direct Bury 257 4130 176756B Ship Mast 2-Sail, 48" Deck, Direct Bury 261 4140 176756C Ship Mast 2-Sail, 56" Deck, Direct Bury 267 4150 176756D Ship Mast 2-Sail, 64" Deck, Direct Bury 271 4165 176756E Ship Mast 2-Sail, 72" Deck, Direct Bury 275 4190 176972A Ship Mast Full Sail w/Crowsnest, 32" Deck, Direct Bury 403 9825 176972A Ship Mast Full Sail w/Crowsnest, 32"-40" Deck, Direct Bury 403 9825 176972B Ship Mast Full Sail w/Crowsnest, 48" Deck, Direct Bury 408 9830 176972C Ship Mast Full Sail w/Crowsnest, 56" Deck, Direct Bury 413 9845 176972D Ship Mast Full Sail w/Crowsnest, 64" Deck, Direct Bury 417 9855 176972E Ship Mast Full Sail w/Crowsnest, 72" Deck, Direct Bury 422 9865 176755A Ship Mast Full Sail, 32" Deck, Direct Bury 331 7325 176755A Ship Mast Full Sail, 32"-40" Deck, Direct Bury 331 7325 176755B Ship Mast Full Sail, 48" Deck, Direct Bury 335 7330 176755C Ship Mast Full Sail, 56" Deck, Direct Bury 340 7340 176755D Ship Mast Full Sail, 64" Deck, Direct Bury 345 7345 176755E Ship Mast Full Sail, 72" Deck, Direct Bury 349 7350 176731A Ship Wheel Post Mount UPS 15 1955 176731A Ship Wheel Post Mount, Ground Level UPS 15 1955 193174A Sol™ Spinner 128 3260 153165A Stationary Cycler Accessible Order Posts Separately UPS 22 690 160054D Stationary Cycler Accessible, Handles Only, Order Posts Separately UPS 17 1215 160054B Stationary Cycler Handles Only, Order Posts Separately UPS 17 1215 160054A Stationary Cycler Pedals and Grab Bar, Order Posts Separately UPS 26 1575 160054C Stationary Cycler Pedals and Handles, Order Posts Separately UPS 34 2245 170894A Sway Fun® Glider, 12" Height 1271 23425 138871A Sway Fun® Glider, 16" Height 1256 22900 111363B Talk Tube 16" Deck, Order Posts Separately 1 UPS 16 720 111363C Talk Tube 24" Deck, Order Posts Separately 1 UPS 17 725 111363D Talk Tube 32" Deck, Order Posts Separately 1 UPS 18 730 111363E Talk Tube 40" Deck, Order Posts Separately 1 UPS 19 770 111362A Talk Tube 40' Tubing Kit UPS 15 295 111363F Talk Tube 48" Deck, Order Posts Separately 1 UPS 20 790 111363G Talk Tube 56" Deck, Order Posts Separately 1 UPS 21 805 111363H Talk Tube 64" Deck, Order Posts Separately 1 UPS 23 835 111363I Talk Tube 72" Deck, Order Posts Separately 1 UPS 24 850 111363J Talk Tube 8" Deck, Order Posts Separately 1 UPS 15 715 129079A Talk Tube for PlayOdyssey® 48" Deck, Order Posts Separately 1 29 980 2026 Playground Equipment Price List Pricing effective on September 22, 2025 Model # Description UPS Weight(lbs) Price($) NOTE: All products identified above are a Direct Bury type of installation unless otherwise noted. For Surface Mounting, contact the LSI Design Department for price quote. Confidential: Internal Landscape Structures Use Only Because of our commitment to safety, innovation and value, we reserve the right to change pricing at any time. 25 129079B Talk Tube for PlayOdyssey® 72" Deck, Order Posts Separately 1 37 1020 111363A Talk Tube Ground Level, Order Posts Separately 1 UPS 14 715 111357B Turning Bar, Aluminum Post 35 715 111357D Turning Bar, Steel Post 68 690 111306B Wheel w/Infill UPS 8 395 111306A Wheel w/o Infill UPS 6 330 1 NOTE: Order one Talk Tube Tubing Kit with two Talk Tubes; combine any height listed. PlayBooster® Roofs 111256A Arch Roof, Order Arches Separately 35 1190 178471A Barn Roof 844 26700 136488A CoolToppers® Full Sail (DB Only) 691 16360 176761A CoolToppers® Full Sail For Hex Deck 919 19595 154884A CoolToppers® Single Post Pyramid Roof (DB Only) 145 4635 166081A CoolToppers® Wave (DB Only) 20 1675 217910A DigiFuse® Vibe® Roof 61 2545 212256A Flower Accent Topper 83 2285 139376A Hex Roof (SteelX®) w/o Flag 413 6790 139376B Hex Roof (SteelX®) w/Permalene® Flag 426 7215 130567A Hex Shingle Roof 193 3950 178469A Palm Tree Accent Topper 134 2285 178470A Pine Tree Accent Topper 108 1715 111408A Recycled Peak Roof 200 4790 211190C Recycled Tree House Roof w/o Stack and w/"Kids Only" sign 294 4520 211190D Recycled Tree House Roof w/o Stack and w/o "Kids Only" sign 294 4370 211190A Recycled Tree House Roof w/Stack and w/"Kids Only" sign 305 4870 211190B Recycled Tree House Roof w/Stack and w/o "Kids Only" sign 304 4720 178472A Silo Roof 355 8610 178473A Silo Roof w/Checkered Panels 464 11500 129816A Square Peak Tile Roof w/Logo Panels 1 105 2035 129816B Square Peak Tile Roof w/o Logo Panels 1 93 1865 118110A Square Poly Roof w/Logo Panels 1 112 1810 118110B Square Poly Roof w/o Logo Panels 1 99 1655 139375A Square Roof (SteelX®) w/o Flag 250 4240 139375B Square Roof (SteelX®) w/Permalene® Flag 263 4685 130102A Super Square Shingle Roof w/Permalene® Roof Cap 210 4495 130102B Super Square Shingle Roof w/Poly Roof Cap 219 5245 179594A Vibe® Roof 81 1880 1 NOTE: Free customized text on roof; limit approximately 15 characters including spaces. Validate customized text in design tools. PlayBooster® Mainstructures 185296A 10' PlayOdyssey® Tower 3375 38570 188689A 10' PlayOdyssey® Tower 3048 31835 185302A 10' PlayOdyssey® Tower EN 3442 41055 188692A 10' PlayOdyssey® Tower w/o Roof EN 3115 34350 185355A 10' Tower El Slide 120" Deck (DB Only) 516 11555 185355B 10' Tower El Slide 120" Deck w/1 View Tube (DB Only) 527 12290 185354A 10' Tower Gemini SlideWinder2® 120" Deck (DB Only) 638 15975 185346A 10' Tower SlideWinder2® 120" Deck (DB Only) 323 7795 185338A 10' Tower TurboTwister™ 120" Deck (DB Only) 410 9115 185338B 10' Tower TurboTwister™ 120" Deck w/1 View Tube (DB Only) 422 9875 222709A 10' Tower WhooshWinder™ Slide 120" Deck (DB Only) 344 8980 165596A 12' PlayOdyssey® Tower (DB Only) 72" Deck w/o Center Access, 144" Deck w/Roof, w/Center Access (Steel Posts and DB Only) 3600 40420 167191A 12' PlayOdyssey® Tower EN 3700 42985 165824A 12' Tower Bubble Panel 72 2190 165781B 12' Tower El Slide 144" Deck w/Pipe Barrier (DB Only) 560 13560 165781D 12' Tower El Slide 144" Deck w/Pipe Barrier and 1 View Tube (DB Only) 572 14300 165781A 12' Tower El Slide 144" Deck w/Zoo Panel (DB Only) 550 13135 2026 Playground Equipment Price List Pricing effective on September 22, 2025 Model # Description UPS Weight(lbs) Price($) NOTE: All products identified above are a Direct Bury type of installation unless otherwise noted. For Surface Mounting, contact the LSI Design Department for price quote. Confidential: Internal Landscape Structures Use Only Because of our commitment to safety, innovation and value, we reserve the right to change pricing at any time. 26 165781C 12' Tower El Slide 144" Deck w/Zoo Panel and 1 View Tube (DB Only) 562 13895 166533B 12' Tower Gemini SlideWinder2® 144" Deck w/Pipe Barrier (DB Only) 680 18430 166533A 12' Tower Gemini SlideWinder2® 144" Deck w/Zoo Panel (DB Only) 670 18015 165960A 12' Tower Pipe Barrier 82 1590 165780B 12' Tower SlideWinder2® 144" Deck w/Pipe Barrier (DB Only) 370 9705 165780A 12' Tower SlideWinder2® 144" Deck w/Zoo Panel (DB Only) 360 9300 165827B 12' Tower TurboTwister™ 144" Deck w/Pipe Barrier (DB Only) 535 11525 165827D 12' Tower TurboTwister™ 144" Deck w/Pipe Barrier and 1 View Tube (DB Only) 547 12285 165827A 12' Tower TurboTwister™ 144" Deck w/Zoo Panel (DB Only) 525 11105 165827C 12' Tower TurboTwister™ 144" Deck w/Zoo Panel and 1 View Tube (DB Only) 537 11855 222710B 12' Tower WhooshWinder® Slide 144" Deck w/Pipe Barrier (DB Only) 466 11175 222710A 12' Tower WhooshWinder® Slide 144" Deck w/Zoo Panel (DB Only) 437 10695 194659B Disc Net™ Climber for Netplex™ 14-Post 782 41815 194659A Disc Net™ Climber for Netplex™ 7-Post 527 31495 271911B Disc Net™ Climber w/Alpine® Slide for NetPlex™ 13-Post (DB Only) 1133 48795 271911A Disc Net™ Climber w/Alpine® Slide for NetPlex™ 7-Post (DB Only) 916 38475 224086B Disc Net™ Climber w/Double Swoosh Slide® for Netplex™ 13-Post 1107 46490 224086A Disc Net™ Climber w/Double Swoosh Slide® for Netplex™ 7-Post 887 36160 220545A GeoPlex® 3-Spoke Tower Aluminum Post 374 8435 220545B GeoPlex® 3-Spoke Tower Steel Post 559 8195 222231A GeoPlex® 3-Spoke Tower w/Cables 1020 15455 220546A GeoPlex® 5-Post Tower Aluminum Post 600 13725 220546B GeoPlex® 5-Post Tower Steel Post 842 13295 222232A GeoPlex® 5-Post Tower w/Cables 1610 26040 223169A GeoPlex® Labyrinth Climber 5-Post Tower to 5-Post Tower 2200 43495 223169B GeoPlex® Labyrinth Climber 64" Deck to 5-Post Tower 1350 30245 223169C GeoPlex® Labyrinth Climber 72" Deck to 5-Post Tower 1350 30245 223163C GeoPlex® Navigator Climber 3-Spoke Tower to 3-Spoke Tower 1550 24140 223163B GeoPlex® Navigator Climber 5-Post Tower to 3-Spoke Tower 1830 29220 223163A GeoPlex® Navigator Climber 5-Post Tower to 5-Post Tower 2120 34305 223166A GeoPlex® Trailblazer Climber 5-Post Tower to 5-Post Tower 2260 39200 223166B GeoPlex® Trailblazer Climber 72" Deck to 5-Post Tower 1370 25740 224091A Netplex® 13-Post No Roof (DB Only) 1667 16550 224091B Netplex® 13-Post w/ 3 Roofs (DB Only) 2060 22700 224091C Netplex® 13-Post w/ 5 Roofs (DB Only) 2358 26790 193169A Netplex® 14-Post No Roof (DB Only) 1756 17485 193169B Netplex® 14-Post w/ 3 Roofs (DB Only) 2221 23630 193169C Netplex® 14-Post w/ 5 Roofs (DB Only) 2447 27710 193169D Netplex® 14-Post w/ 7 Roofs (DB Only) 2757 31810 193168A Netplex® 7-Post No Roof (DB Only) 930 9320 193168B Netplex® 7-Post w/ 3 Roofs (DB Only) 1323 15465 128980B PlayOdyssey® Octagonal Deck (DB Only) 48" Deck w/o Roof, w/Center Access 1715 21645 128980C PlayOdyssey® Octagonal Deck (DB Only) 48" Deck w/o Roof, w/o Center Access 1565 20360 128980A PlayOdyssey® Octagonal Deck (DB Only) 48" Deck w/Roof, w/Center Access 2043 28340 128980E PlayOdyssey® Octagonal Deck (DB Only) 72" Deck w/o Roof, w/Center Access 1762 21820 128980F PlayOdyssey® Octagonal Deck (DB Only) 72" Deck w/o Roof, w/o Center Access 1620 20520 128980D PlayOdyssey® Octagonal Deck (DB Only) 72" Deck w/Roof, w/Center Access 2089 28530 193175B Skyport™ Climber for Netplex™ 14-Post (DB Only) 764 42320 193175A Skyport™ Climber for Netplex™ 7-Post (DB Only) 452 29285 271912B Skyport™ Climber w/Alpine® Slide for NetPlex™ 13-Post (DB Only) 1195 49300 271912A Skyport™ Climber w/Alpine® Slide for NetPlex™ 7-Post (DB Only) 923 36255 224088B Skyport™ Climber w/Double Swoosh Slide® for Netplex™ 13-Post (DB Only) 1087 46975 224088A Skyport™ Climber w/Double Swoosh Slide® for Netplex™ 7-Post (DB Only) 814 33940 2026 Playground Equipment Price List Pricing effective on September 22, 2025 Model # Description UPS Weight(lbs) Price($) NOTE: All products identified above are a Direct Bury type of installation unless otherwise noted. For Surface Mounting, contact the LSI Design Department for price quote. Confidential: Internal Landscape Structures Use Only Because of our commitment to safety, innovation and value, we reserve the right to change pricing at any time. 27 193172A Watermill™ Climber 193 6555 272371A Zenith® Climber for 7 Post Netplex® 272 8075 PlayBooster® Decks 188857A 3-sided Extension 143 2790 122197A 90° Triangular Tenderdeck 66 1215 191032A Curb UPS 7 220 152912A Curved Transfer Module (SteelX®) 32" Deck 198 3755 152912B Curved Transfer Module (SteelX®) 40" Deck 235 4240 152912C Curved Transfer Module (SteelX®) 48" Deck 269 4425 152911A Curved Transfer Module 32" Deck 195 3335 184354A Curved Transfer Module 32" Deck 210 3825 152911B Curved Transfer Module 40" Deck 240 3880 184354B Curved Transfer Module 40" Deck 284 4370 152911C Curved Transfer Module 48" Deck 279 4095 184354C Curved Transfer Module 48" Deck 344 4550 111607A Deck Clamp Lowering Kit 1 76 154752A Hex Deck w/Extension 472 6420 178710A Hexagon Tenderdeck 285 4120 111525A Kick Panel 24" Rise, 2-Color Permalene® UPS 25 620 111525B Kick Panel 32" Rise, 2-Color Permalene® UPS 32 790 121948B Kick Plate 16" Rise UPS 23 270 121948A Kick Plate 8" Rise UPS 13 160 121949B Kick Plate 90° Tri-Deck 16" Rise UPS 33 335 121949A Kick Plate 90° Tri-Deck 8" Rise UPS 13 235 111230A Square Corner 97 1330 111228A Square Deck 118 1445 111229A Square Extension 105 1375 112471A Transfer Step 57 730 185852A Transfer Step w/2 Handloops 77 1420 184418A Tree Stump Transfer Module 1 3026 10305 169321A Tree Stump Transfer Module 48" Deck (DB Only) 1 3700 10305 111231A Triangular Tenderdeck 62 1115 119646A Triangular Tenderdeck Extension 51 1080 1 NOTE: Due to weight of product, a forklift with appropriate capacity is needed for unloading at time of delivery. PlayBooster® Posts 111404G 100" Aluminum Post for 24" Deck 26 410 111404S 100" Steel Post for 24" Deck 60 380 111405A 106" Aluminum Flush Post for 72" Deck 27 705 111405J 106" Steel Flush Post for 72" Deck 63 615 111404F 108" Aluminum Post for 32" Deck 28 415 111404R 108" Steel Post for 32" Deck 65 390 111403J 110" Aluminum Roof Post for Ground Level 26 435 111403T 110" Steel Roof Post for Ground Level 63 435 111406E 113" Arch for Ground Level 77 1810 111404E 116" Aluminum Post for 40" Deck 29 435 111404Q 116" Steel Post for 40" Deck 70 395 111403I 118" Aluminum Roof Post for 8" Deck 27 440 176762I 118" Steel CoolToppers® Post for 8" Hex Deck (60" Bury) 69 435 111403S 118" Steel Roof Post for 8" Deck 69 440 111404D 124" Aluminum Post for 48" Deck 30 500 111404P 124" Steel Post for 48" Deck 74 410 111403H 126" Aluminum Roof Post for 16" Deck 29 505 176762H 126" Steel CoolToppers® Post for 16" Hex Deck (60" Bury) 73 500 111403R 126" Steel Roof Post for 16" Deck 73 505 111404C 132" Aluminum Post for 56" Deck 31 520 111404O 132" Steel Post for 56" Deck 78 415 179595X 132" Steel Vibe® Roof Post for Ground Level 78 415 111403G 134" Aluminum Roof Post for 24" Deck 30 525 176762G 134" Steel CoolToppers® Post for 24" Hex Deck (60" Bury) 77 520 111403Q 134" Steel Roof Post for 24" Deck 77 525 111404B 140" Aluminum Post for 64" Deck 34 525 2026 Playground Equipment Price List Pricing effective on September 22, 2025 Model # Description UPS Weight(lbs) Price($) NOTE: All products identified above are a Direct Bury type of installation unless otherwise noted. For Surface Mounting, contact the LSI Design Department for price quote. Confidential: Internal Landscape Structures Use Only Because of our commitment to safety, innovation and value, we reserve the right to change pricing at any time. 28 111406D 140" Arch for 32" Deck 86 1950 111404N 140" Steel Post for 64" Deck 83 435 179595W 140" Steel Vibe® Roof Post for 8" Deck 83 435 111403F 142" Aluminum Roof Post for 32" Deck 33 555 176762F 142" Steel CoolToppers® Post for 32" Hex Deck (60" Bury) 82 525 111403P 142" Steel Roof Post for 32" Deck 82 530 111404A 148" Aluminum Post for 72" Deck 36 555 111404M 148" Steel Post for 72" Deck 88 500 179595V 148" Steel Vibe® Roof Post for 16" Deck 88 500 111403E 150" Aluminum Roof Post for 40" Deck 34 560 176762E 150" Steel CoolToppers® Post for 40" Hex Deck (60" Bury) 87 535 111403O 150" Steel Roof Post for 40" Deck 87 555 111406C 154" Arch for 40"-48" Deck 91 1970 111404K 156" Aluminum Post for 80" Deck 37 620 111404W 156" Steel Post for 80" Deck 92 585 179595U 156" Steel Vibe® Roof Post for 24" Deck 93 585 111403D 158" Aluminum Roof Post for 48" Deck 36 585 176762D 158" Steel CoolToppers® Post for 48" Hex Deck (60" Bury) 91 560 111403N 158" Steel Roof Post for 48" Deck 91 560 111404L 164" Aluminum Post for 88" Deck 38 645 111404X 164" Steel Post for 88" Deck 96 605 179595T 164" Steel Vibe® Roof Post for 32" Deck 98 600 111403C 166" Aluminum Roof Post for 56" Deck 37 590 176762C 166" Steel CoolToppers® Post for 56" Hex Deck (60" Bury) 96 580 173880C 166" Steel CoolToppers® Wave Post 106 1245 111403M 166" Steel Roof Post for 56" Deck 96 580 111406B 170" Arch for 56"-64" Deck 97 2055 179595S 172" Steel Vibe® Roof Post for 40" Deck 103 615 111403B 174" Aluminum Roof Post for 64" Deck 39 615 176762B 174" Steel CoolToppers® Post for 64" Hex Deck (60" Bury) 100 585 111403L 174" Steel Roof Post for 64" Deck 100 585 111406A 178" Arch for 72" Deck 100 2135 179595R 180" Steel Vibe® Roof Post for 48" Deck 108 625 111403A 182" Aluminum Roof Post for 72" Deck 40 620 176762A 182" Steel CoolToppers® Post for 72" Hex Deck (60" Bury) 104 590 111404Z 182" Steel Post for 96" Deck (44" Bury) 105 650 111403K 182" Steel Roof Post for 72" Deck 104 590 179595Q 188" Steel Vibe® Roof Post for 56" Deck 113 640 111403U 190" Aluminum Roof Post for 80" Deck 42 640 173880B 190" Steel CoolToppers® Wave Post 119 1290 111403V 190" Steel Roof Post for 80" Deck 108 615 179595P 196" Steel Vibe® Roof Post for 64" Deck 118 650 154883E 201" Steel Post (60" Bury) For CoolToppers® Single Post Pyramid Roof (Ground-8" Deck) 1 172 1070 136689A 204" Steel CoolToppers® Full Sail Post for 48" Deck (60" Bury) 117 620 179595O 204" Steel Vibe® Roof Post for 72" Deck 123 675 136689B 212" Steel CoolToppers® Full Sail Post for 56" Deck (60" Bury) 120 625 179595N 212" Steel Vibe® Roof Post for 80" Deck 128 695 173880A 214" Steel CoolToppers® Wave Post 132 1330 136689C 220" Steel CoolToppers® Full Sail Post for 64"-72" Deck (60" Bury) 125 645 179595M 220" Steel Vibe® Roof Post for 88" Deck 133 710 154883D 221" Steel Post (60" Bury) For CoolToppers® Single Post Pyramid Roof (16"-24" Deck) 1 188 1105 154883C 233" Steel Post (60" Bury) For CoolToppers® Single Post Pyramid Roof (32"-40" Deck) 1 200 1290 154883B 249" Steel Post (60" Bury) For CoolToppers® Single Post Pyramid Roof (48"-56" Deck) 1 211 1320 154883A 265" Steel Post (60" Bury) For CoolToppers® Single Post Pyramid Roof (64"-72" Deck) 1 222 1380 154883F 301"Steel Post (72" Bury) For CoolTopper® Single Post Pyramid Roof (96" Deck) 1 253 1800 111405I 42" Aluminum Flush Post for 8" Deck 12 560 111405R 42" Steel Flush Post for 8" Deck 27 525 111405H 50" Aluminum Flush Post for 16"Deck 14 580 111405Q 50" Steel Flush Post for 16" Deck 31 530 2026 Playground Equipment Price List Pricing effective on September 22, 2025 Model # Description UPS Weight(lbs) Price($) NOTE: All products identified above are a Direct Bury type of installation unless otherwise noted. For Surface Mounting, contact the LSI Design Department for price quote. Confidential: Internal Landscape Structures Use Only Because of our commitment to safety, innovation and value, we reserve the right to change pricing at any time. 29 111405G 58" Aluminum Flush Post for 24"Deck 16 585 111405P 58" Steel Flush Post for 24" Deck 36 555 111405F 66" Aluminum Flush Post for 32"Deck 18 605 111405O 66" Steel Flush Post for 32" Deck 40 560 111405E 74" Aluminum Flush Post for 40"Deck 19 620 111405N 74" Steel Flush Post for 40" Deck 46 580 111404J 76" Aluminum Post for Ground Level 19 360 111404V 76" Steel Post for Ground Level 47 340 111405D 82" Aluminum Flush Post for 48"Deck 21 625 111405M 82" Steel Flush Post for 48" Deck 50 585 111404I 84" Aluminum Post for 8" Deck 21 380 111404U 84" Steel Post for 8" Deck 51 350 111405C 90" Aluminum Flush Post for 56"Deck 23 645 111405L 90" Steel Flush Post for 56" Deck 54 590 111404H 92" Aluminum Post for 16" Deck 23 390 111404T 92" Steel Post for 16" Deck 56 360 111405B 98" Aluminum Flush Post for 64"Deck 26 675 111405K 98" Steel Flush Post for 64" Deck 59 605 1 NOTE: The Post for CoolToppers® Single Post Pyramid Roof is constructed of steel and can be various heights to supply shade to your structure. 2026 Playground Equipment Price List Pricing effective on September 22, 2025 Model # Description UPS Weight(lbs) Price($) NOTE: All products identified above are a Direct Bury type of installation unless otherwise noted. For Surface Mounting, contact the LSI Design Department for price quote. Confidential: Internal Landscape Structures Use Only Because of our commitment to safety, innovation and value, we reserve the right to change pricing at any time. 30 PlayShaper® Slides 123339A Curved Slide 40" Deck 82 2295 132155A Double Slide 30"-32" Deck 114 2565 132155B Double Slide 36"-48" Deck 132 2900 178768A Double Swirl Slide 48" Deck 176 3175 178720A Double Wave Slide 48" Deck 175 3800 111323A El Slide 32" Deck 133 3270 205015A Gemini Slide Hood Extension Kit UPS 16 0 133426A Gemini SlideWinder2® 30"-32" Deck 247 6060 133426B Gemini SlideWinder2® 36"-40" Deck 273 7110 133426C Gemini SlideWinder2® 48" Deck 327 7710 166076A Infant Single Slide 62 1570 137967A Lava Run Slide 30"-32" Deck 99 2155 133668A Single Slide 36"-48" Deck 91 2195 205013A Slidewinder Hood Extension Kit UPS 8 0 132117A SlideWinder2® 30"-32" Deck 153 2900 132117B SlideWinder2® 36"-40" Deck 166 3260 132117C SlideWinder2® 48" Deck 193 3660 143480A SpyroSlide™ (56") 48" Deck 404 7955 190856A Stainless Steel Double Slide 32"-40" Deck 135 7095 190856B Stainless Steel Double Slide 48" Deck 154 7710 190854A Stainless Steel Slide 32"-40" Deck 89 3520 190854B Stainless Steel Slide 48" Deck 100 3815 128952A Tunnel Slide 40" Deck 1 159 3405 1 NOTE: Additional weight and cost associated with each View Tube section. PlayShaper® Climbers 152432A ABC Climber 32"-48" Deck 128 2295 135547A Block Climber 32" Deck 152 2925 135547B Block Climber 40" Deck 181 3520 143200A Conical Climber™ 40" Deck 120 4520 132023A Cozy Climber™ 32"-40" Deck 111 3420 132023B Cozy Climber™ 48" Deck 120 3695 137966A Critter Canyon 30"-32" Deck 102 2080 153021A Deck Link w/Permalene® Barriers, 1 Step 84 1550 153021B Deck Link w/Permalene® Barriers, 2 Steps 122 1860 237939A Facet® Stepper w/Perm Handholds 16" Deck (DB Only) 1 311 1820 237939B Facet® Stepper w/Perm Handholds 24" Deck (DB Only) 1 842 3450 237939C Facet® Stepper w/Perm Handholds 32" Deck (DB Only) 1 1523 4920 183195A Log Stack Climber 48"Deck w/Wood-Grain Handholds 3630 20775 185861A Log Stepper 16" Deck w/1 Recycled Wood-Grain Handhold 192 1700 185861B Log Stepper 24" Deck w/2 Recycled Wood-Grain Handholds, 1 Handloop 468 3945 185861C Log Stepper 32" Deck w/2 Recycled Wood-Grain Handholds, 1 Handloop and 1 Handrail 912 6300 185861D Log Stepper 40 "Deck w/2 Recycled Wood-Grain Handholds, 1 Handloop and 1 Handrail 1730 9145 139262A Loop Arch 32"-48" Deck 81 1860 111364A Loop Ladder 40"-48" Deck 59 1305 153077A Mini Summit Climber 40" (DB Only) and 48" Deck 88 1720 171567A Mushroom Stepper w/Permalene® 16"Deck w/Permalene® Handhold 148 1735 171567B Mushroom Stepper w/Permalene® 24"Deck w/Permalene® Handhold, 1 Handloop 279 3185 171567C Mushroom Stepper w/Permalene® 32"Deck w/Permalene® Handhold, 1 Handloop and 1 Handrail 445 5185 171567D Mushroom Stepper w/Permalene® 40"Deck w/Permalene® Handhold, 1 Handloop and 1 Handrail 622 7325 185863A Mushroom Stepper w/Recycled Wood-Grain 16" Deck w/Recycled Wood-Grain Handhold 174 2025 185863B Mushroom Stepper w/Recycled Wood-Grain 24" Deck w/2 Recycled Wood-Grain Handholds, 1 Handloop 317 4185 185863C Mushroom Stepper w/Recycled Wood-Grain 32" Deck w/2 Recycled Wood-Grain Handholds, 1 Handloop and 1 Handrail 482 6175 2026 Playground Equipment Price List Pricing effective on September 22, 2025 Model # Description UPS Weight(lbs) Price($) NOTE: All products identified above are a Direct Bury type of installation unless otherwise noted. For Surface Mounting, contact the LSI Design Department for price quote. Confidential: Internal Landscape Structures Use Only Because of our commitment to safety, innovation and value, we reserve the right to change pricing at any time. 31 185863D Mushroom Stepper w/Recycled Wood-Grain 40" Deck w/2 Recycled Wood-Grain Handholds, 1 Handloop and 1 Handrail 660 8310 135346A Pod Climber® 16" Deck 36 865 135346B Pod Climber® 24" Deck 54 1550 135346C Pod Climber® 32" Deck 83 2165 135346D Pod Climber® 40" Deck 99 2635 119981A Step Deck 16" Deck 69 1105 111327A Step Ladder 32" Deck 110 2540 111327B Step Ladder 40" Deck 128 2660 111327C Step Ladder 48" Deck 154 3880 160423A The Peak™ Rock Climber 32"-40" Deck (DB Only) 2 3068 9775 160424A The Stepper™ Rock Climber 24" Deck (DB Only) 1296 5035 181114A Wiggle Ladder 32" Deck UPS 41 970 181114B Wiggle Ladder 40" Deck UPS 48 1000 181114C Wiggle Ladder 48" Deck UPS 52 1070 185862A Wood Plank Wiggle Ladder 32"Deck 80 2020 185862B Wood Plank Wiggle Ladder 40"Deck 86 2050 185862C Wood Plank Wiggle Ladder 48"Deck 87 2095 185864A Wood Plank Wiggle Ladder EN 32"Deck 80 2020 185864B Wood Plank Wiggle Ladder EN 40"Deck 86 2050 185864C Wood Plank Wiggle Ladder EN 48"Deck 87 2095 1 NOTE: 4-week lead time required. 2 NOTE: Due to weight of product, a forklift with appropriate capacity is needed for unloading at time of delivery. PlayShaper® Overhead Events 129967A Horizontal Ladder 16" Deck 45 1330 129968A Horizontal Ladder End Panel Order Posts Separately 21 415 PlayShaper® Bridges & Ramps 111348A Arch Bridge 153 3005 131956A Belt Bridge w/Permalene® Barriers 114 2310 116098A Phase Kit UPS 6 355 132828A Ramp Deck to Deck w/Permalene® Barriers 426 6250 132844A Ramp Deck to Ground w/Permalene® Barriers 426 6250 138405A Ramp Exit Plate 16"-48" Deck-to-Ground UPS 75 775 111413A Ramp Exit Plate 8" Deck-to-Ground UPS 75 775 PlayShaper® Tunnels 115409C 90° Crawl Tunnel 104 3135 136443A Crawl Tunnel 6" Deck DB Only 83 1955 118098A Crawl Tunnel w/Incline C-Shape, 16" Deck Difference 151 5065 118098B Crawl Tunnel w/Incline S-Shape, 16" Deck Difference 151 5065 118097A Crawl Tunnel w/o Incline C-Shape, 16" Deck Difference 153 5065 118097B Crawl Tunnel w/o Incline S-Shape, 16" Deck Difference 153 5065 139268A Offset Crawl Tunnel 8" Deck Height Difference 89 2055 128953A Straight Crawl Tunnel 28" Long 1 74 2235 128953B Straight Crawl Tunnel 56" Long 1 103 2925 118099A Wire Crawl Tunnel 91 2835 1 NOTE: Additional weight and cost associated with each View Tube section. PlayShaper® Enclosures NOTE: No panels below 32" decks. 139260A Balcony Deck w/o Wheel 104 1720 139260B Balcony Deck w/Wheel 111 2050 111300A Ball Maze Panel UPS 55 1600 111370B Bead and Block Panel w/Handles UPS 64 1665 111370A Bead and Block Panel w/o Handles UPS 56 1365 138299A Bench w/1 End Panel Ground Level UPS 25 625 138185A Bench w/2 End Panels Ground Level UPS 30 690 2026 Playground Equipment Price List Pricing effective on September 22, 2025 Model # Description UPS Weight(lbs) Price($) NOTE: All products identified above are a Direct Bury type of installation unless otherwise noted. For Surface Mounting, contact the LSI Design Department for price quote. Confidential: Internal Landscape Structures Use Only Because of our commitment to safety, innovation and value, we reserve the right to change pricing at any time. 32 116120A Benches (2) w/1 End Panel Each Ground Level UPS 49 1270 111368A Block Panel UPS 34 1220 164093A Bongo Panel® UPS 43 1245 164147A Bongo Reach Panel UPS 27 1185 123845A Braille and Clock Panel UPS 41 2035 111282A Bubble Panel UPS 29 990 113211A Chimes Panel 47 1865 177713A Color Splash Panel™ 52 3995 191016A Curb 5 150 217913A DigiFuse® Barrier Panel 31 1540 111288A Driver Panel UPS 47 1055 111289A Finger Maze Panel UPS 40 870 173568A Fun Mirror Panel Ground Level UPS 53 3290 117147A Gear Panel 112 2560 112997A Geometric Panel w/Handles UPS 38 1105 112997B Geometric Panel w/o Handles UPS 34 865 111284A Hole Panel UPS 23 655 124333A Hourglass Panel UPS 51 2170 111299A House Panel UPS 30 770 127685A Image Panel 176 Play Blocks UPS 63 1800 173571A Kaleidospin Panel™ 74 4540 173572A Marble Panel® 54 3160 127684A Match 4 Panel UPS 35 1305 111298A Mirror Panel UPS 41 1390 139266A Navigator Reach Panel UPS 26 875 173569A Optigear Panel® 49 4540 118429A Periscope Panel UPS 55 2070 119515A Pilot Panel UPS 45 1390 111285A Puppet Panel UPS 27 655 111286A Puppet Panel w/Window UPS 32 925 177719A Rain Sound Wheel Panel™ 68 2905 173586A Recycled Wood-Grain Lumber Panel 65 1735 159460A Ring-a-Bell™ Panel UPS 41 1810 164149A Ring-a-Bell™ Reach Panel UPS 24 1285 164146A Rock-n-Ring® Panel UPS 52 2200 111297A Sand and Water Panel UPS 76 1800 188836A Sign Language Panel 33 1070 111387A Slant Entrance Panel UPS 52 1365 111281A Slant Window Panel UPS 49 1725 123484A Space Travel Panel 50 1810 144984A Storefront Panel UPS 20 590 111292A Table Panel UPS 62 1540 111293A Tic-Tac-Toe Panel UPS 45 1810 111290A Tracing Panel UPS 33 880 139264A Trail Tracker® Reach Panel UPS 14 615 111301A Tunnel Panel UPS 75 1955 117945A Wire Barrier 90° Tri-Deck w/o Wheel 44 970 117945B Wire Barrier 90° Tri-Deck w/Wheel 50 1285 117946A Wire Barrier w/o Wheel Above Deck UPS 34 690 117946C Wire Barrier w/o Wheel Ground Level UPS 34 690 117946B Wire Barrier w/Wheel Above Deck UPS 40 990 117946D Wire Barrier w/Wheel Ground Level UPS 40 990 173570A Xylofun Panel® 48 3350 111287A Zoo Panel UPS 25 655 PlayShaper® Motion & More Fun 139272A Chinning Bar UPS 7 140 119977A Handloop UPS 7 255 115198G Talk Tube 12" Deck, Order Posts Separately 1 13 675 115198B Talk Tube 16" Deck, Order Posts Separately 1 13 675 115198H Talk Tube 18" Deck, Order Posts Separately 1 14 675 115198C Talk Tube 24" Deck, Order Posts Separately 1 14 690 115198I Talk Tube 30" Deck, Order Posts Separately 1 15 705 115198D Talk Tube 32" Deck, Order Posts Separately 1 15 705 115198J Talk Tube 36" Deck, Order Posts Separately 1 16 705 2026 Playground Equipment Price List Pricing effective on September 22, 2025 Model # Description UPS Weight(lbs) Price($) NOTE: All products identified above are a Direct Bury type of installation unless otherwise noted. For Surface Mounting, contact the LSI Design Department for price quote. Confidential: Internal Landscape Structures Use Only Because of our commitment to safety, innovation and value, we reserve the right to change pricing at any time. 33 115198E Talk Tube 40" Deck, Order Posts Separately 1 16 715 111362A Talk Tube 40' Tubing Kit UPS 15 295 115198F Talk Tube 48" Deck, Order Posts Separately 1 17 725 115198K Talk Tube 8" Deck, Order Posts Separately 1 12 655 115198A Talk Tube, Ground Level 1 12 650 111306B Wheel w/Infill UPS 8 395 111306A Wheel w/o Infill UPS 6 330 1 NOTE: Order one Talk Tube Tubing Kit with two Talk Tubes; combine any height listed. PlayShaper® Roofs 111407A Arch Roof 52 970 211191C Recycled Tree House Roof w/o Stack and w/"Kids Only" sign 291 4520 211191D Recycled Tree House Roof w/o Stack and w/o "Kids Only" sign 291 4370 211191A Recycled Tree House Roof w/Stack and w/"Kids Only" sign 302 4870 211191B Recycled Tree House Roof w/Stack and w/o "Kids Only" sign 302 4720 179229A Square Peak Tile Roof w/Logo Panels 1 105 2035 179229B Square Peak Tile Roof w/o Logo Panels 1 93 1865 179225A Square Poly Roof w/Logo Panels 1 112 1810 179225B Square Poly Roof w/o Logo Panels 1 99 1655 179239A Super Square Shingle Roof w/Permalene® Roof Cap 204 4495 179239B Super Square Shingle Roof w/Poly Roof Cap 210 5245 1 NOTE: Free customized text on roof; limit approximately 15 characters including spaces. Validate customized text in design tools. PlayShaper® Decks 117495A 90° Triangular Deck 59 880 191017A Curb UPS 7 220 153020A Curved Transfer Module 32" Deck 189 3025 153020B Curved Transfer Module 40" Deck 234 3545 153020C Curved Transfer Module 48" Deck 272 3755 179349B Kick Plate 16" Rise UPS 23 270 179349A Kick Plate 8" Rise UPS 13 160 179362B Kick Plate 90° Tri-Deck 16" Rise UPS 33 335 179362A Kick Plate 90° Tri-Deck 8" Rise UPS 13 235 111238A Square Corner 92 1020 111237A Square Deck 102 1095 111239A Square Extension 97 1070 173585A Tree Stump Transfer Module 32"Deck (DB Only) 1 2875 8435 173585B Tree Stump Transfer Module 40"Deck (DB Only) 1 2932 8930 173585C Tree Stump Transfer Module 48"Deck (DB Only) 1 2981 9135 1 NOTE: Due to weight of product, a forklift with appropriate capacity is needed for unloading at time of delivery. PlayShaper® Posts 113888F 10" Flush Post for 8" Deck 2" SM 5 395 111396L 101" Roof Post for 12" Deck 22 410 111397N 102" Post for 36" Deck 21 410 113886B 105" Post For Roof for 48" Deck 2" SM 24 585 111396F 105" Roof Post for 16" Deck 20 390 111397C 106" Post for 40" Deck and SlideWinder2® off 32" Deck 21 410 111396K 107" Roof Post for 18" Deck 20 395 111397P 108" Post for 42" Deck 23 410 113886A 113" Post For Roof for 56" Deck 2" SM 25 600 111396E 113" Roof Post for 24" Deck 23 410 111397B 114" Post for 48" Deck and SlideWinder2® off 40" Deck 23 415 111396M 119" Roof Post for 30" Deck 24 415 111396D 121" Roof Post for 32" Deck 24 415 111396N 125" Roof Post for 36" Deck 25 435 111397A 128" Post for SpyroSlide and SlideWinder2® off 48" Deck 25 500 111396C 129" Roof Post for 40" Deck 25 435 2026 Playground Equipment Price List Pricing effective on September 22, 2025 Model # Description UPS Weight(lbs) Price($) NOTE: All products identified above are a Direct Bury type of installation unless otherwise noted. For Surface Mounting, contact the LSI Design Department for price quote. Confidential: Internal Landscape Structures Use Only Because of our commitment to safety, innovation and value, we reserve the right to change pricing at any time. 34 111396P 131" Roof Post for 42" Deck 26 440 111396B 137" Roof Post for 48" Deck 27 500 111396A 145" Roof Post for SpyroSlide off 48" Deck 28 520 113888E 18" Flush Post for 16" Deck 2" SM 6 410 113888D 26" Flush Post for 24" Deck 2" SM 8 415 113888C 34" Flush Post for 32" Deck 2" SM 9 435 113885H 37" Post for Ground Level 2" SM 11 415 111398G 40" Flush Post for 6" Deck 9 340 113885J 40" Post for 6" Deck 2" SM 13 435 113888B 42" Flush Post for 40" Deck 2" SM 10 500 111398F 42" Flush Post for 8" Deck 10 340 113885G 42" Post for 8" Deck 2" SM 11 435 111398H 46" Flush Post for 12" Deck 10 350 113885K 46" Post for 12" Deck 2" SM 14 500 111398E 50" Flush Post for 16" Deck 11 350 113888A 50" Flush Post for 48" Deck 2" SM 12 520 113885F 50" Post for 16" Deck 2" SM 14 500 111398I 52" Flush Post for 18" Deck 11 355 113885L 52" Post for 18" Deck 2" SM 15 520 113886H 57" Post For Roof for Ground Level Deck 2" SM 15 435 111398D 58" Flush Post for 24" Deck 13 355 113885E 58" Post for 24" Deck 2" SM 15 520 113886J 63" Post For Roof for 6" Deck 2" SM 16 500 111398J 64" Flush Post for 30" Deck 13 360 113885M 64" Post for 30" Deck 2" SM 17 525 113886G 65" Post For Roof for 8" Deck 2" SM 16 500 111398C 66" Flush Post for 32" Deck 14 360 113885D 66" Post for 32" Deck 2" SM 16 525 111397H 69" Post for Ground Level 14 355 113886L 69" Post For Roof for 12" Deck 2" SM 17 505 111398K 70" Flush Post for 36" Deck 14 380 113885N 70" Post for 36" Deck 2" SM 18 535 111397J 72" Post for 6" Deck 16 360 113886F 73" Post For Roof for 16" Deck 2" SM 18 520 111398B 74" Flush Post for 40" Deck 15 380 113885C 74" Post for 40" Deck 2" SM 18 535 111397G 74" Post for 8" Deck 15 360 113886K 75" Post For Roof for 18" Deck 2" SM 18 520 113885P 76" Post for 42" Deck 2" SM 20 535 111397K 78" Post for 12" Deck 17 380 113886E 81" Post For Roof for 24" Deck 2" SM 19 535 111398A 82" Flush Post for 48" Deck 17 390 111397F 82" Post for 16" Deck 15 380 113885B 82" Post for 48" Deck 2" SM 20 555 111397L 84" Post for 18" Deck 18 390 113886M 87" Post For Roof for 30" Deck 2" SM 21 555 113886D 89" Post For Roof for 32" Deck 2" SM 21 555 111396H 89" Roof Post for Ground Level 18 360 111397E 90" Post for 24" Deck 18 390 113886N 93" Post For Roof for 36" Deck 2" SM 22 565 111396J 95" Roof Post for 6" Deck 20 380 111397M 96" Post for 30" Deck 20 395 113885A 96" Post for 56" Deck 2" SM 22 585 113886C 97" Post For Roof for 40" Deck 2" SM 23 565 111396G 97" Roof Post for 8" Deck 19 380 111397D 98" Post for 32" Deck 19 395 113886P 99" Post For Roof for 42" Deck 2" SM 23 565 111399F Arch for 16" Deck 77 1865 111399E Arch for 24" Deck 80 1880 111399D Arch for 32" Deck 82 1910 111399C Arch for 40" Deck 86 1950 111399B Arch for 48" Deck 89 1970 111399A Arch for 56" Deck 91 2025 111399G Arch for 8" Deck 74 1850 111399H Arch for Ground Level 72 1815 2026 Playground Equipment Price List Pricing effective on September 22, 2025 Model # Description UPS Weight(lbs) Price($) NOTE: All products identified above are a Direct Bury type of installation unless otherwise noted. For Surface Mounting, contact the LSI Design Department for price quote. Confidential: Internal Landscape Structures Use Only Because of our commitment to safety, innovation and value, we reserve the right to change pricing at any time. 35 2026 Playground Equipment Price List Pricing effective on September 22, 2025 Model # Description UPS Weight(lbs) Price($) NOTE: All products identified above are a Direct Bury type of installation unless otherwise noted. For Surface Mounting, contact the LSI Design Department for price quote. Confidential: Internal Landscape Structures Use Only Because of our commitment to safety, innovation and value, we reserve the right to change pricing at any time. 36 Evos® Slides & Gliders 201035A Eclipse® Rush™ Slide (DB Only) 262 6445 201041A Eclipse® Rushwinder Left, DB 327 7060 201041A Eclipse® Rushwinder Right, DB 327 7060 201041A Eclipse® Rushwinder Straight, DB 327 7060 201038A Eclipse® Surf Slide (DB Only) 380 6730 201040A Eclipse® Surf Stainless Steel Slide (DB Only) 369 8110 156465A Hang Glider® (DB Only) 159 3675 182865A Rush™ Slide 264 6445 189312A Rushwinder Left, DB 313 7060 189312A Rushwinder Right, DB 313 7060 189312A Rushwinder Straight, DB 313 7060 182181A Stainless Steel Surf Slide 349 8110 182180A Surf Slide 371 6730 Evos® Climbers 179222A Belt-Zone™ Climber 191 13495 156449A Helix Net® Climber, between one arch and one post, DB 165 9225 156449A Helix Net® Climber, between two arches, DB 165 9225 156448A O-Zone® Climber 186 13495 156462A Ring Tangle® Climber (DB Only) 198 4620 Evos® Overhead Events 156457A ArcOver® Ladder (DB Only) 150 3895 156463A Bow Ladder® 143 4340 165533A Bow Ladder® Connector, 16" Deck 181 4720 165533A Bow Ladder® Connector, 24" Deck 181 4720 160254A Overhead Trekker™ Ladder (DB Only) 122 2965 Evos® Bridges 156450A Swiggle Stix® Bridge (DB Only) 151 8610 Evos® Motion & More Fun 160209A Accessible Power Lifter™ Chinning Bar (DB Only) 109 2635 202822A Blender™ Spinner w/Steel Posts (DB Only) 252 4340 156453A Chatter Noodle® Talk Tubes (DB Only) 52 3065 354651A ChitterChatter Noodle® Second Part 0 0 156467A Cycler w/1 E-Pod™ Step (DB Only) UPS 48 2085 156454A E-Pod® Step 11 435 202823A Gyro Twister® Spinner w/Steel Posts (DB Only) 253 3530 156959A Noodle Pod® Step 36" Noodle Post w/1 E-Pod® Step (DB Only) 28 1515 156959B Noodle Pod® Step 54" Noodle Post w/1 E-Pod® Step (DB Only) 32 1535 156959C Noodle Pod® Step 72" Noodle Post w/1 E-Pod® Step (DB Only) 36 1540 164156A Noodle Pod® Steps (2) 54" Noodle Post w/2 E-Pod® Steps (DB Only) 43 1995 164156B Noodle Pod® Steps (2) 72" Noodle Post w/2 E-Pod® Steps (DB Only) 47 2025 161774A Noodle Post 25 1055 160208A Power Lifter™ Chinning Bar (DB Only) 97 2050 202821A Power Lifter™ Chinning Bar w/o Post UPS 16 1085 202824A Sol™ Spinner w/Steel Posts (DB Only) 276 4095 111362A Talk Tube 40' Tubing Kit UPS 15 295 160210A TwirlWind™ Turning Bar (DB Only) 109 2635 156452A Wobble Pod® Bouncer (DB Only) 122 2155 Evos® Accessible Reach Panels 164095A Bongo Reach Panel 37 1255 161777A Chimes Reach Panel 31 1805 161780A Image Reach Panel 75 Play Blocks 53 1290 161776A Match 3 Reach Panel 24 1150 161779A Navigator Reach Panel 28 970 161775A Periscope Reach Panel 46 2195 2026 Playground Equipment Price List Pricing effective on September 22, 2025 Model # Description UPS Weight(lbs) Price($) NOTE: All products identified above are a Direct Bury type of installation unless otherwise noted. For Surface Mounting, contact the LSI Design Department for price quote. Confidential: Internal Landscape Structures Use Only Because of our commitment to safety, innovation and value, we reserve the right to change pricing at any time. 37 164150A Ring-a-Bell™ Reach Panel 31 1375 161778A Trail Tracker® Reach Panel 19 655 Evos® Mainstructures 171626A 1-Arch w/2 Attach Points (DB Only) 590 19505 171627A 1-Arch w/3 Attach Points (DB Only) 670 20635 171628A 1-Arch w/4 Attach Points, Direct Bury 750 21810 179182A 2-Arch (DB Only) 715 23800 179186A 2-Arch w/3 Attach Points (DB Only) 735 15095 179188A 2-Arch w/3-5 Attach Points (DB Only) 815 16250 179187A 2-Arch w/4 Attach Points (DB Only) 895 17400 179184A 3-Arch (DB Only) 1048 28585 179183A 3-Arch Small (DB Only) 986 27985 179185A 4-Arch (DB Only) 1318 32760 160359A Additional Arches #3 and #4 Only (DB Only) 560 8970 160358A Additional Large Arch #4 Only (DB Only) 312 4790 156545A Additional Small Arch #3 Only (DB Only) 248 4185 258228A Eclipse® Net Plus w/2-4 Attach Points (DB Only) 1082 37975 258230A Eclipse® Net Plus w/3-5 Attach Points (DB Only) 1084 39630 258231A Eclipse® Net Plus w/4-6 Attach Points (DB Only) 1215 41285 2026 Playground Equipment Price List Pricing effective on September 22, 2025 Model # Description UPS Weight(lbs) Price($) NOTE: All products identified above are a Direct Bury type of installation unless otherwise noted. For Surface Mounting, contact the LSI Design Department for price quote. Confidential: Internal Landscape Structures Use Only Because of our commitment to safety, innovation and value, we reserve the right to change pricing at any time. 38 Weevos® Motion & More Fun 173576B Alphamaze and Labyrinth Panel™ 2" Surface Mount 64 2315 173576A Alphamaze and Labyrinth Panel™ Direct Bury 64 2200 173715B Bongo and Alphamaze Panel™ 2" Surface Mount 90 3055 173715A Bongo and Alphamaze Panel™ Direct Bury 90 2950 173583B Bongo and Xylofun Panel™ 2" Surface Mount 108 5580 173583A Bongo and Xylofun Panel™ Direct Bury 108 5455 173584B Bongo Panel® 2" Surface Mount 79 2950 173584A Bongo Panel® Direct Bury 79 2880 771461A Chitter Chatter Noodle® Second Part 0 0 164177A Chitter Chatter Noodle® Talk Tube Kit 83 2755 177714B Color Splash Panel™ 2" Surface Mount 84 4865 177714A Color Splash Panel™ Direct Bury 84 4760 173577B Fun Mirror Panel® 2" Surface Mount 92 4785 173577A Fun Mirror Panel® Direct Bury 92 4685 173582B Imagination Table™ 2" Surface Mount 65 2580 173582A Imagination Table™ Direct Bury 64 2455 173580B Kaleidospin Panel® 2" Surface Mount 89 5805 173580A Kaleidospin Panel® Direct Bury 89 5695 173581B Marble Panel® 2" Surface Mount 82 4100 173581A Marble Panel® Direct Bury 82 3980 173578B Optigear Panel® 2" Surface Mount 90 5805 173578A Optigear Panel® Direct Bury 90 5695 177720B Rain Sound Wheel Panel™ 2" Surface Mount 102 4635 177720A Rain Sound Wheel Panel™ Direct Bury 102 4520 164173B Twirly Bar 2" Surface Mount 19 925 164173A Twirly Bar Direct Bury 23 830 173716B Xylofun and Alphamaze Panel™ 2"Surface Mount 93 4785 173716A Xylofun and Alphamaze Panel™ Direct Bury 93 4685 173579B Xylofun Panel® 2" Surface Mount 80 4645 173579A Xylofun Panel® Direct Bury 79 4540 Weevos® Climbers 164171B Giggle Jiggler® Climber 2" Surface Mount 124 5600 164171A Giggle Jiggler® Climber Direct Bury 140 5220 173573B Wee Planet™ Climber 2" Surface Mount 127 4130 173573A Wee Planet™ Climber Direct Bury 130 3815 164172B Wee Pod® Climber 2" Surface Mount 53 1905 164172A Wee Pod® Climber Direct Bury 57 1810 Weevos® Slides 164174B Cozy Coaster® Slide w/Handrail, 2" Surface Mount 349 9880 164174A Cozy Coaster® Slide w/Handrail, Direct Bury 373 9305 Weevos® Bridges 164178B Boppity Bridge® 2" Surface Mount 225 9340 164178A Boppity Bridge® Direct Bury 249 8755 173575B Swiggly Stix™ Bridge 2" Surface Mount 99 7325 173575A Swiggly Stix™ Bridge Direct Bury 126 6675 Weevos® Tunnels 173574B Wee Crawl® Tunnel 2" Surface Mount 120 5000 173574A Wee Crawl® Tunnel Direct Bury 134 4685 Weevos® Mainstructures 164343A 2-Arch (DB Only) 285 3025 164170A 3-Arch (DB Only) 448 4645 2026 Playground Equipment Price List Pricing effective on September 22, 2025 Model # Description UPS Weight(lbs) Price($) NOTE: All products identified above are a Direct Bury type of installation unless otherwise noted. For Surface Mounting, contact the LSI Design Department for price quote. Confidential: Internal Landscape Structures Use Only Because of our commitment to safety, innovation and value, we reserve the right to change pricing at any time. 39 Smart Play® Ages 6-23 Mths 223856B Nook 2" Surface Mount 746 10620 223856A Nook Direct Bury 817 10630 Smart Play® Ages 2-5 Yrs 233083B Centre 2" Surface Mount 4334 69370 233083A Centre Direct Bury 4511 67150 237305B Centre EN 2" Surface Mount 4306 69370 237305A Centre EN Direct Bury 4463 67150 205160B Cube 2" Surface Mount 1131 21775 205160A Cube Direct Bury 1185 21025 233081B Fire Station + Market Cafe 2" Surface Mount 2967 47295 233081A Fire Station + Market Cafe Direct Bury 3193 45825 237304B Fire Station + Market Cafe EN 2" Surface Mount 3012 47295 237304A Fire Station + Market Cafe EN Direct Bury 3150 45825 233073B Fire Station 2" Surface Mount 1876 25240 233073A Fire Station Direct Bury 1987 24505 238233B Fire Station EN 2" Surface Mount 1844 25240 238233A Fire Station EN Direct Bury 1943 24505 233077B Loft + Fire Station 2" Surface Mount 3132 47295 233077A Loft + Fire Station Direct Bury 3287 45825 237302B Loft + Fire Station EN 2" Surface Mount 3100 47295 237302A Loft + Fire Station EN Direct Bury 3244 45825 233079B Loft + Market Cafe 2" Surface Mount 2929 47295 233079A Loft + Market Cafe Direct Bury 3071 45825 237303B Loft + Market Cafe EN 2" Surface Mount 2926 47295 237303A Loft + Market Cafe EN Direct Bury 3067 45825 223857B Loft 2" Surface Mount 1888 25240 223857A Loft Direct Bury 1925 24505 233075B Market Cafe 2" Surface Mount 1708 25240 233075A Market Cafe Direct Bury 1821 24505 238356B Market Cafe EN 2" Surface Mount 1680 25240 238356A Market Cafe EN Direct Bury 1778 24505 197057D Motion w/Play Table 2" Surface Mount 950 25350 197057C Motion w/Play Table Direct Bury 1100 23970 197057B Motion w/Sand Table 2" Surface Mount 950 25350 197057A Motion w/Sand Table Direct Bury 1100 23970 Smart Play® Ages 5-12 Yrs 331159A Billows® 4890 73665 331172A Billows® EN 4690 73675 331173A Billows® Pre-Colored 4890 73665 331174A Billows® Pre-Colored EN 4690 73675 298814A Summit™ 7015 82555 298816A Summit™ EN 7055 84100 290658A Summit™ Pre-Colored 7015 82555 298815A Summit™ Pre-Colored EN 7055 84100 228068A Venti® HDG w/Steel Posts 1 4774 64620 210739A Venti® w/Aluminum Posts, 2" Surface Mount 3529 61500 210739A Venti® w/Aluminum Posts, Direct Bury 3770 57080 210739B Venti® w/Steel Posts, 2" Surface Mount 4082 60800 210739B Venti® w/Steel Posts, Direct Bury 4435 56180 354107C Volo Aire™ w/2 Tunnel Slides, Cloud Perf, DB 13900 294000 354107C Volo Aire™ w/2 Tunnel Slides, Cloud Perf, SM 13230 297150 354107D Volo Aire™ w/2 Tunnel Slides, Leaf Perf, DB 13900 294000 354107D Volo Aire™ w/2 Tunnel Slides, Leaf Perf, SM 13230 297150 354107E Volo Aire™ w/2 Tunnel Slides, Mountain Perf, DB 13900 294000 354107E Volo Aire™ w/2 Tunnel Slides, Mountain Perf, SM 13230 297150 354107B Volo Aire™ w/2 Tunnel Slides, Personalized Perf, DB 13900 299245 354107B Volo Aire™ w/2 Tunnel Slides, Personalized Perf, SM 13230 302395 354107A Volo Aire™ w/2 Tunnel Slides, Standard Perf, DB 13900 294000 354107A Volo Aire™ w/2 Tunnel Slides, Standard Perf, SM 13230 297150 354107F Volo Aire™ w/2 Tunnel Slides, Wave Perf, DB 13900 294000 354107F Volo Aire™ w/2 Tunnel Slides, Wave Perf, SM 13230 297150 2026 Playground Equipment Price List Pricing effective on September 22, 2025 Model # Description UPS Weight(lbs) Price($) NOTE: All products identified above are a Direct Bury type of installation unless otherwise noted. For Surface Mounting, contact the LSI Design Department for price quote. Confidential: Internal Landscape Structures Use Only Because of our commitment to safety, innovation and value, we reserve the right to change pricing at any time. 40 354111C Volo Aire™ w/3 Tunnel Slides, Cloud Perf, DB 14950 309750 354111C Volo Aire™ w/3 Tunnel Slides, Cloud Perf, SM 14250 313045 354111D Volo Aire™ w/3 Tunnel Slides, Leaf Perf, DB 14950 309750 354111D Volo Aire™ w/3 Tunnel Slides, Leaf Perf, SM 14250 313045 354111E Volo Aire™ w/3 Tunnel Slides, Mountain Perf, DB 14950 309750 354111E Volo Aire™ w/3 Tunnel Slides, Mountain Perf, SM 14250 313045 354111B Volo Aire™ w/3 Tunnel Slides, Personalized Perf, DB 14950 314995 354111B Volo Aire™ w/3 Tunnel Slides, Personalized Perf, SM 14250 318290 354111A Volo Aire™ w/3 Tunnel Slides, Standard Perf, DB 14950 309750 354111A Volo Aire™ w/3 Tunnel Slides, Standard Perf, SM 14250 313045 354111F Volo Aire™ w/3 Tunnel Slides, Wave Perf, DB 14950 309750 354111F Volo Aire™ w/3 Tunnel Slides, Wave Perf, SM 14250 313045 334951A Volo® EN, Direct Bury 5785 89240 334951A Volo® EN, Surface Mount 5365 91905 323661A Volo® w/Shade DB Only 1 6825 106700 334952A Volo® w/Shade EN DB Only 1 6900 108165 323659A Volo®, Direct Bury 5570 87775 323659A Volo®, Surface Mount 5305 90440 1 NOTE: 4-week lead time required. 2026 Playground Equipment Price List Pricing effective on September 22, 2025 Model # Description UPS Weight(lbs) Price($) NOTE: All products identified above are a Direct Bury type of installation unless otherwise noted. For Surface Mounting, contact the LSI Design Department for price quote. Confidential: Internal Landscape Structures Use Only Because of our commitment to safety, innovation and value, we reserve the right to change pricing at any time. 41 Hedra® Ages 2-5 Yrs 265929D Hedra® Scout with Perforated Panels, 3" SM 3300 77525 265929D Hedra® Scout with Perforated Panels, DB 3520 75275 265929B Hedra® Scout with Polycarbonate and Perforated Panels, 3" SM 3350 85060 265929B Hedra® Scout with Polycarbonate and Perforated Panels, DB 3570 82810 Hedra® Ages 5-12 Yrs 270239L Hedra® EN w/SlideWinder2® Right, Perforated Panels, 4-1/2" SM 5700 108395 270239L Hedra® EN w/SlideWinder2® Right, Perforated Panels, DB 6050 105390 270239J Hedra® EN w/SlideWinder2® Right, Polycarbonate & Perforated Panels, 4-1/2" SM 5770 115935 270239J Hedra® EN w/SlideWinder2® Right, Polycarbonate & Perforated Panels, DB 6125 112915 265928D Hedra® w/Alpine® Slide, Perforated Panels, 4-1/2" SM 5740 108395 265928D Hedra® w/Alpine® Slide, Perforated Panels, DB 6115 105390 265928B Hedra® w/Alpine® Slide, Polycarbonate & Perforated Panels, 4-1/2" SM 5820 115935 265928B Hedra® w/Alpine® Slide, Polycarbonate & Perforated Panels, DB 6185 112915 265928H Hedra® w/SlideWinder2® Left, Perforated Panels, 4-1/2" SM 5700 108395 265928H Hedra® w/SlideWinder2® Left, Perforated Panels, DB 6050 105390 265928F Hedra® w/SlideWinder2® Left, Polycarbonate & Perforated Panels, 4-1/2" SM 5770 115935 265928F Hedra® w/SlideWinder2® Left, Polycarbonate & Perforated Panels, DB 6125 112915 265928L Hedra® w/SlideWinder2® Right, Perforated Panels, 4-1/2" SM 5700 108395 265928L Hedra® w/SlideWinder2® Right, Perforated Panels, DB 6050 105390 265928J Hedra® w/SlideWinder2® Right, Polycarbonate & Perforated Panels, 4-1/2" SM 5770 115935 265928J Hedra® w/SlideWinder2® Right, Polycarbonate & Perforated Panels, DB 6125 112915 2026 Playground Equipment Price List Pricing effective on September 22, 2025 Model # Description UPS Weight(lbs) Price($) NOTE: All products identified above are a Direct Bury type of installation unless otherwise noted. For Surface Mounting, contact the LSI Design Department for price quote. Confidential: Internal Landscape Structures Use Only Because of our commitment to safety, innovation and value, we reserve the right to change pricing at any time. 42 Quantis® Ages 5-12 Yrs 322403B Quantis® A.2 3"SM 1195 38725 322403A Quantis® A.2 DB 1250 38720 322404B Quantis® A.3 3"SM 1115 38725 322404A Quantis® A.3 DB 1250 38720 2026 Playground Equipment Price List Pricing effective on September 22, 2025 Model # Description UPS Weight(lbs) Price($) NOTE: All products identified above are a Direct Bury type of installation unless otherwise noted. For Surface Mounting, contact the LSI Design Department for price quote. Confidential: Internal Landscape Structures Use Only Because of our commitment to safety, innovation and value, we reserve the right to change pricing at any time. 43 Forma™ Slides 307427A Forma™ Alpine® Slide, DB 1735 32035 307427A Forma™ Alpine® Slide, SM 1545 33795 307428A Forma™ SlideWinder2® Slide, DB 1722 32025 307428A Forma™ SlideWinder2® Slide, SM 1547 33785 Forma™ Climbers 307423A Folio® Balance Climber, DB 1186 31630 307423A Folio® Balance Climber, SM 1077 32220 307436A Footprint® Balance Beam, DB 47 615 307436A Footprint® Balance Beam, SM 41 825 307433A Footprint® Stepper 16", DB UPS 30 455 307433A Footprint® Stepper 16", SM UPS 27 560 307434A Footprint® Stepper 24", DB UPS 32 480 307434A Footprint® Stepper 24", SM UPS 30 585 307432A Footprint® Stepper 8", DB UPS 28 440 307432A Footprint® Stepper 8", SM UPS 25 540 307425A Forge® Climber DB Only 678 27375 307425B Forge® Climber EN DB Only 679 27380 307438A Forma™ Giggle Jiggler® Climber, DB 624 13475 307438A Forma™ Giggle Jiggler® Climber, SM 565 13720 307421B Fortress® Multi-Climber EN, DB 1830 54955 307421B Fortress® Multi-Climber EN, SM 1674 55750 307421A Fortress® Multi-Climber, DB 1827 54950 307421A Fortress® Multi-Climber, SM 1670 55745 307437A Foxtrot® Multi-Climber, DB 1500 34285 307437A Foxtrot® Multi-Climber, SM 1381 35280 Forma™ Sensory Play 307430A Focal® Sensory Wall, DB 589 19205 307430A Focal® Sensory Wall, SM 525 19440 307431A Fox Den® Hangouts DB Only 769 21825 Forma™ Motion & More Fun 307435A Footprint® Wobble Bouncer, DB 180 2530 307435A Footprint® Wobble Bouncer, SM 146 2735 307426A Forma™ Sol™ Spinner DB Only 474 9555 2026 Playground Equipment Price List Pricing effective on September 22, 2025 Model # Description UPS Weight(lbs) Price($) NOTE: All products identified above are a Direct Bury type of installation unless otherwise noted. For Surface Mounting, contact the LSI Design Department for price quote. Confidential: Internal Landscape Structures Use Only Because of our commitment to safety, innovation and value, we reserve the right to change pricing at any time. 44 Freestanding Play Climbers 168364A AdventureScapes® Design 1 (DB Only) 1,2 2970 23860 168365A AdventureScapes® Design 2 (DB Only) 1,2 5880 43040 168366A AdventureScapes® Design 3 (DB Only) 1,2 4410 43355 168367A AdventureScapes® Design 4 (DB Only) 1,2 7330 62870 168368A AdventureScapes® Design 5 (DB Only) 1,2 10220 78080 168369A AdventureScapes® Design 6 (DB Only) 2,1 8760 82025 168370A AdventureScapes® Design 7 (DB Only) 1,2 11670 97880 168371A AdventureScapes® Design 8 (DB Only) 1,2 11690 101520 169105A AdventureScapes® Design 9 (DB Only) 1,2 16020 136570 117966B Block Climber, 12 Blocks, 2" SM 177 4865 117966B Block Climber, 12 Blocks, DB 193 4465 117966C Block Climber, 16 Blocks, 2" SM 236 5920 117966C Block Climber, 16 Blocks, DB 251 5490 117966A Block Climber, 9 Blocks, 2" SM 135 4495 117966A Block Climber, 9 Blocks, DB 159 3895 150977A Cascade Climber 4-Panel (DB Only) 382 4855 150976A Cascade Climber 6-Panel (DB Only) 554 7325 153354A Climbing Wall, Aluminum Posts, 2" Surface Mount 166 3255 153354A Climbing Wall, Aluminum Posts, Direct Bury 172 3015 153354B Climbing Wall, Steel Posts, 2" Surface Mount 242 3175 153354B Climbing Wall, Steel Posts, Direct Bury 266 2835 254562A Eclipse Seat UPS 7 215 249010A Eclipse® Net Climber DB Only 950 32440 237103A Facet® Stepper 14" (DB Only) 3 311 1390 237104A Facet® Stepper 22" (DB Only) 3 842 3015 237105A Facet® Stepper 28" (DB Only) 3 1523 4485 144477C Funnel Climber™, w/1 Vertical Ladder, Aluminum Posts, 12" SM 326 10755 144477C Funnel Climber™, w/1 Vertical Ladder, Aluminum Posts, 2" SM 316 10755 144477C Funnel Climber™, w/1 Vertical Ladder, Aluminum Posts, DB 373 10240 144477H Funnel Climber™, w/1 Vertical Ladder, Steel Posts, 12" SM 526 10570 144477H Funnel Climber™, w/1 Vertical Ladder, Steel Posts, 2" SM 506 10570 144477H Funnel Climber™, w/1 Vertical Ladder, Steel Posts, DB 570 9720 144477A Funnel Climber™, w/2 Vertical Ladders, Aluminum Posts, 12" SM 402 12510 144477A Funnel Climber™, w/2 Vertical Ladders, Aluminum Posts, 2" SM 390 12510 144477A Funnel Climber™, w/2 Vertical Ladders, Aluminum Posts, DB 415 11880 144477F Funnel Climber™, w/2 Vertical Ladders, Steel Posts, 12" SM 642 12280 144477F Funnel Climber™, w/2 Vertical Ladders, Steel Posts, 2" SM 618 12280 144477F Funnel Climber™, w/2 Vertical Ladders, Steel Posts, DB 694 11255 144477D Funnel Climber™, w/3 Vertical Ladders, Aluminum Posts, 12" SM 478 14260 144477D Funnel Climber™, w/3 Vertical Ladders, Aluminum Posts, 2" SM 464 14260 144477D Funnel Climber™, w/3 Vertical Ladders, Aluminum Posts, DB 489 13530 144477I Funnel Climber™, w/3 Vertical Ladders, Steel Posts, 12" SM 758 13990 144477I Funnel Climber™, w/3 Vertical Ladders, Steel Posts, 2" SM 730 13990 144477I Funnel Climber™, w/3 Vertical Ladders, Steel Posts, DB 818 12800 144477E Funnel Climber™, w/4 Vertical Ladders, Aluminum Posts, 12" SM 554 16005 144477E Funnel Climber™, w/4 Vertical Ladders, Aluminum Posts, 2" SM 538 16005 144477E Funnel Climber™, w/4 Vertical Ladders, Aluminum Posts, DB 566 15175 144477J Funnel Climber™, w/4 Vertical Ladders, Steel Posts, 12" SM 874 15705 144477J Funnel Climber™, w/4 Vertical Ladders, Steel Posts, 2" SM 842 15705 144477J Funnel Climber™, w/4 Vertical Ladders, Steel Posts, DB 942 14345 144477B Funnel Climber™, w/o Vertical Ladders, Aluminum Posts, 12" SM 250 9010 144477B Funnel Climber™, w/o Vertical Ladders, Aluminum Posts, 2" SM 242 9010 144477B Funnel Climber™, w/o Vertical Ladders, Aluminum Posts, DB 258 8590 144477G Funnel Climber™, w/o Vertical Ladders, Steel Posts, 12" SM 410 8855 144477G Funnel Climber™, w/o Vertical Ladders, Steel Posts, 2" SM 394 8855 144477G Funnel Climber™, w/o Vertical Ladders, Steel Posts, DB 446 8175 219510A GeoPlex® Climbing Wall, Aluminum Posts, 2" Surface Mount 312 7990 219510A GeoPlex® Climbing Wall, Aluminum Posts, Direct Bury 325 7395 219510B GeoPlex® Climbing Wall, Steel Posts, 2" Surface Mount 458 7825 219510B GeoPlex® Climbing Wall, Steel Posts, Direct Bury 495 7210 156435A Hemisphere Climber® (DB Only) 432 17175 100037A Humpty Climber Double (DB Only) 308 4075 100037B Humpty Climber Single (DB Only) 154 2135 201993A JigJag Climber, Double Aluminum Posts (DB Only) 334 5070 2026 Playground Equipment Price List Pricing effective on September 22, 2025 Model # Description UPS Weight(lbs) Price($) NOTE: All products identified above are a Direct Bury type of installation unless otherwise noted. For Surface Mounting, contact the LSI Design Department for price quote. Confidential: Internal Landscape Structures Use Only Because of our commitment to safety, innovation and value, we reserve the right to change pricing at any time. 45 201993B JigJag Climber, Double Steel Posts (DB Only) 451 4925 201889A JigJag Climber, Single Aluminum Posts (DB Only) 187 2950 201889B JigJag Climber, Single Steel Posts (DB Only) 274 2860 173908A Log Stepper 18" (DB Only) 244 1370 173909A Log Stepper 28" (DB Only) 426 2080 173907A Log Stepper 8" (DB Only) 156 1000 249012A Lunar Blast® Net Climber (DB Only) 1400 36865 254560A Lunar Blast® Seat UPS 11 265 248945A Lunar Burst® Net Climber (DB Only) 1320 29340 254559A Lunar Burst®Seat UPS 7 240 150638A Mobius® Climber 12-Panel (DB Only) 1404 46115 150635A Mobius® Climber 3-Panel (DB Only) 290 10960 150636A Mobius® Climber 6-Panel (DB Only) 609 22050 150637A Mobius® Climber 7-Panel (DB Only) 667 24630 171569A Mushroom Stepper 10" (DB Only) 127 1320 171570A Mushroom Stepper 16" (DB Only) 127 1320 171571A Mushroom Stepper 20" (DB Only) 151 1735 171572A Mushroom Stepper 24" (DB Only) 151 1735 171573A Mushroom Stepper 30" (DB Only) 178 2155 171568A Mushroom Stepper 8" (DB Only) 127 1320 158108A Noodle Pod® Step 36" Noodle Post w/1 E-Pod® Step (DB Only) 28 1515 158108B Noodle Pod® Step 54" Noodle Post w/1 E-Pod® Step (DB Only) 32 1535 158108C Noodle Pod® Step 72" Noodle Post w/1 E-Pod® Step (DB Only) 36 1540 164157A Noodle Pod® Steps (2) 54" Noodle Post w/2 E-Pod® Steps (DB Only) 43 1995 164157B Noodle Pod® Steps (2) 72" Noodle Post w/2 E-Pod® Steps (DB Only) 47 2025 158997A Pod Climber™ 10", 2" Surface Mount UPS 9 525 158997A Pod Climber™ 10", Direct Bury UPS 13 390 158998A Pod Climber™ 20", 2" Surface Mount UPS 11 560 158998A Pod Climber™ 20", Direct Bury UPS 15 410 120711A Pod Climber® 16", 2" SM UPS 10 535 120711A Pod Climber® 16", DB UPS 14 395 120712A Pod Climber® 24", 2" SM UPS 11 560 120712A Pod Climber® 24", DB UPS 15 410 120713A Pod Climber® 30", 2" SM UPS 12 580 120713A Pod Climber® 30", DB UPS 16 415 120710A Pod Climber® 8", 2" SM UPS 8 525 120710A Pod Climber® 8", DB UPS 12 390 100038A Rainbow Climber 4' High (DB Only) 72 1545 100038B Rainbow Climber 6' High (DB Only) 109 1725 146813A Sky Rail Climber (DB Only) 221 5400 235755A Spider Web Climber (DB Only) 136 3810 148041A Star Seeker Climber (DB Only) 398 12880 158426B Starburst™ Climber Double (DB Only) 265 4740 158426D Starburst™ Climber Quadruple (DB Only) 442 9015 158426A Starburst™ Climber Single (DB Only) 179 2700 158426C Starburst™ Climber Triple (DB Only) 361 7240 160418A The Peak™ Rock Climber 2 3045 9005 156065A The Pinnacle™ Rock Climber, Inserted into Design from Highest Side 2 4000 29845 156065A The Pinnacle™ Rock Climber, Inserted into Design from Lowest Side 2 4000 29845 156065A The Pinnacle™ Rock Climber, Inserted into Design from Medium Side 2 4000 29845 156067A The Pointe™ Rock Climber, Inserted into Design from High Side 2 2750 16695 156067A The Pointe™ Rock Climber, Inserted into Design from Low Side 2 2750 16695 160419A The Stepper™ Rock Climber (DB Only) 1150 4500 100040A Vertical Pipe Climber 4' High (DB Only) 50 1105 100040B Vertical Pipe Climber 6' High (DB Only) 66 1230 200677B Wee Planet™ Climber 2" Surface Mount 124 3780 200677A Wee Planet™ Climber Direct Bury 127 3450 1 NOTE: AdventureScapes® designs are able to connect to a 40" deck. 2 NOTE: Due to weight of product, a forklift with appropriate capacity is needed for unloading at time of delivery. 2026 Playground Equipment Price List Pricing effective on September 22, 2025 Model # Description UPS Weight(lbs) Price($) NOTE: All products identified above are a Direct Bury type of installation unless otherwise noted. For Surface Mounting, contact the LSI Design Department for price quote. Confidential: Internal Landscape Structures Use Only Because of our commitment to safety, innovation and value, we reserve the right to change pricing at any time. 46 3 NOTE: 4-week lead time required. Freestanding Play Sensory Play 184874A 90° Crawl Tunnel (LW-1) 1 104 3135 168102A Alphamaze and Labyrinth Panel™ 2 18 770 168989A Bongo and Alphamaze Panel™ 2 44 1515 168666A Bongo and Xylofun Panel™ 2 55 4010 168107A Bongo Panel® 2 33 1390 158106A Chatter Noodle® Talk Tube (DB Only) 52 3065 112621A Clear Paint Panel 2" Surface Mount 68 1080 112621B Clear Paint Panel Direct Bury 76 875 177715A Color Splash Panel™ 2 38 3235 168099B Cozy Dome® 2" Surface Mount 197 6065 168099A Cozy Dome® Direct Bury 247 6215 100005C Crawl Tunnel 90 Curved, 2" SM 67 2785 100005D Crawl Tunnel 90 Curved, DB 92 3090 100005B Crawl Tunnel Straight, 2" SM 48 2055 100005A Crawl Tunnel Straight, DB 72 2345 184884A Crawl Tunnel, 28" Long w/1 View Tube (LW-1) 1,3 79 2715 184884A Crawl Tunnel, 28" Long w/o View Tube (LW-1) 1,3 74 2235 184884B Crawl Tunnel, 56" Long w/1 View Tube (LW-1) 1,3 108 3440 184884B Crawl Tunnel, 56" Long w/2 View Tubes (LW-1) 1,3 113 3945 184884B Crawl Tunnel, 56" Long w/o View Tube (LW-1) 1,3 103 2925 136233A Elevated Sand Table, PB Aluminum Posts 2" SM, Support Posts DB 150 4685 136233A Elevated Sand Table, PB Aluminum Posts, DB 175 4175 136233B Elevated Sand Table, PB Steel Posts 2" SM, Support Posts DB 207 4510 136233B Elevated Sand Table, PB Steel Posts, DB 259 4105 170793A Fossil Digs Dino Eggs 235 845 170792A Fossil Digs Sea Shells 235 930 170791A Fossil Digs T-Rex Bones 230 845 168103A Fun Mirror Panel® 2 46 3250 168105A Imagination Table™ 2 20 1005 175950B Infant Balance Bar 2"SM UPS 28 1540 175950A Infant Balance Bar DB UPS 42 1245 168108A Kaleidospin Panel® 2 53 4240 173594A Log Crawl Tunnel, Direct Bury 2010 8915 168662A Marble Panel® 2 36 2550 168104A Optigear Panel® 2 41 4240 177721A Rain Sound Wheel Panel™ 2 56 2970 214438A Rhapsody® Animato® Metallophone Direct Bury 251 6550 214438B Rhapsody® Animato® Metallophone Surface Mount 238 6730 250340A Rhapsody® Cascata® Bells Direct Bury 73 5600 250340B Rhapsody® Cascata® Bells Surface Mount 57 5275 228212A Rhapsody® Ditty® Metallophone Direct Bury 127 4470 228212B Rhapsody® Ditty® Metallophone Surface Mount 120 4270 214443A Rhapsody® Goblet Drum Direct Bury 59 2060 228215A Rhapsody® Goblet Drum Junior Direct Bury 55 1975 228215B Rhapsody® Goblet Drum Junior Surface Mount 49 2070 214443B Rhapsody® Goblet Drum Surface Mount 53 2160 214442A Rhapsody® Grandioso® Chimes Direct Bury 424 9665 214442B Rhapsody® Grandioso® Chimes Surface Mount 361 8995 228213A Rhapsody® Jingle® Metallophone Direct Bury 131 4585 228213B Rhapsody® Jingle® Metallophone Surface Mount 123 4395 214445A Rhapsody® Kettle Drum Direct Bury 65 2060 228217A Rhapsody® Kettle Drum Junior Direct Bury UPS 62 1975 228217B Rhapsody® Kettle Drum Junior Surface Mount UPS 56 2070 214445B Rhapsody® Kettle Drum Surface Mount 59 2160 214444A Rhapsody® Kundu Drum Direct Bury 54 2060 228218A Rhapsody® Kundu Drum Junior Direct Bury UPS 52 1975 228218B Rhapsody® Kundu Drum Junior Surface Mount UPS 46 2070 214444B Rhapsody® Kundu Drum Surface Mount 49 2160 253114A Rhapsody® Tongue Drum Direct Bury 41 3870 250341A Rhapsody® Tongue Drum Junior Direct Bury 36 3790 250341B Rhapsody® Tongue Drum Junior Surface Mount 46 3885 250341C Rhapsody® Tongue Drum Junior w/o Mallet 35 3170 2026 Playground Equipment Price List Pricing effective on September 22, 2025 Model # Description UPS Weight(lbs) Price($) NOTE: All products identified above are a Direct Bury type of installation unless otherwise noted. For Surface Mounting, contact the LSI Design Department for price quote. Confidential: Internal Landscape Structures Use Only Because of our commitment to safety, innovation and value, we reserve the right to change pricing at any time. 47 250341D Rhapsody® Tongue Drum Junior w/o Mallet 43 3260 253114B Rhapsody® Tongue Drum Surface Mount 48 3950 253114C Rhapsody® Tongue Drum w/o Mallet Direct Bury 38 3250 253114D Rhapsody® Tongue Drum w/o Mallet Surface Mount 46 3335 252557A Rhapsody® Vibra® Chime 1 Direct Bury 47 1465 252557B Rhapsody® Vibra® Chime 1 Surface Mount 59 1500 252556A Rhapsody® Vibra® Chime 2 Direct Bury 48 1465 252556B Rhapsody® Vibra® Chime 2 Surface Mount 60 1500 252555A Rhapsody® Vibra® Chime 3 Direct Bury 50 1465 252555B Rhapsody® Vibra® Chime 3 Surface Mount 62 1500 252554A Rhapsody® Vibra® Chime 4 Direct Bury 51 1465 252554B Rhapsody® Vibra® Chime 4 Surface Mount 63 1500 252553A Rhapsody® Vibra® Chime 5 Direct Bury 53 1465 252553B Rhapsody® Vibra® Chime 5 Surface Mount 65 1500 252552A Rhapsody® Vibra® Chime 6 Direct Bury 54 1465 252552B Rhapsody® Vibra® Chime 6 Surface Mount 66 1500 252551A Rhapsody® Vibra® Chime 7 Direct Bury 56 1465 252551B Rhapsody® Vibra® Chime 7 Surface Mount 68 1500 252550A Rhapsody® Vibra® Chime 8 Direct Bury 58 1465 252550B Rhapsody® Vibra® Chime 8 Surface Mount 70 1500 251573A Rhapsody® Vibra® Chimes - Full Set Direct Bury 415 11675 251573B Rhapsody® Vibra® Chimes - Full Set Surface Mount 511 12060 251575A Rhapsody® Vibra® Chimes - Major Chord Direct Bury 220 5850 251575B Rhapsody® Vibra® Chimes - Major Chord Surface Mount 257 6015 251574A Rhapsody® Vibra® Chimes - Pentatonic Scale Direct Bury 322 7310 251574B Rhapsody® Vibra® Chimes - Pentatonic Scale Surface Mount 340 7525 214441A Rhapsody® Vivo® Metallophone Direct Bury 235 6720 214441B Rhapsody® Vivo® Metallophone Surface Mount 222 6915 228214A Rhapsody® Warble® Chimes Direct Bury 229 6580 228214B Rhapsody® Warble® Chimes Surface Mount 171 5950 176457A Roller Table™, 2" Surface Mount 530 16935 176457A Roller Table™, Direct Bury 542 16525 120530A Sandbox Mesh Cover 4' Square UPS 3 82 120530B Sandbox Mesh Cover 8' Square UPS 9 350 120530C Sandbox Mesh Cover L-Shaped UPS 7 280 120894A Sandbox Play Table UPS 41 650 120458A Sandbox w/4' Timbers, 4' Square 50 360 120458B Sandbox w/4' Timbers, 8' Square, w/o Play Table 99 720 120458C Sandbox w/4' Timbers, 8' Square, w/Play Table 140 1380 120458D Sandbox w/4' Timbers, L-Shaped, w/o Play Table 99 720 120458E Sandbox w/4' Timbers, L-Shaped, w/Table 140 1380 168101B Sensory Play Center® End 2" Surface Mount 21 1070 168101A Sensory Play Center® End Direct Bury 38 1245 168100B Sensory Play Center® Wall 2" Surface Mount 54 1510 168100A Sensory Play Center® Wall Direct Bury 88 1875 126202B Splash Circuit™ Sand and Water Station, 2" SM 145 5750 126202A Splash Circuit™ Sand and Water Station, DB 154 5705 113931A Talk Tubes w/2 PlayShaper® Posts (DB Only) 70 2495 116568A Turtle Sand Table (DB Only) UPS 26 690 120418A Wiggle Worm Crawl Tunnel w/Head, 2" SM 185 5490 120418A Wiggle Worm Crawl Tunnel w/Head, DB 197 5215 120418B Wiggle Worm Crawl Tunnel w/o Head, 2" SM 125 3695 120418B Wiggle Worm Crawl Tunnel w/o Head, DB 129 3585 168990A Xylofun and Alphamaze Panel™ 2 40 3250 168106A Xylofun Panel® 2 29 3090 1 NOTE: Learning Wall Panels are mounted 1" above (LW-1) or 10" (LW-10) above the playing surface to accommodate the reach ranges of all children. 2 NOTE: Pricing does not include Sensory Play Center® Wall or Ends; must order walls and ends separately. 3 NOTE: Additional weight and cost associated with each View Tube section. Freestanding Play Motion & More Fun 201548A Blender™ Spinner (DB Only) 252 4340 201551A Blender™ Spinner Add-On (DB Only) 103 3505 2026 Playground Equipment Price List Pricing effective on September 22, 2025 Model # Description UPS Weight(lbs) Price($) NOTE: All products identified above are a Direct Bury type of installation unless otherwise noted. For Surface Mounting, contact the LSI Design Department for price quote. Confidential: Internal Landscape Structures Use Only Because of our commitment to safety, innovation and value, we reserve the right to change pricing at any time. 48 164075A Bobble Rider™, Double 2" Surface Mount 107 2660 164075B Bobble Rider™, Double Direct Bury 131 2905 164074A Bobble Rider™, Single 2" Surface Mount UPS 61 1380 164074B Bobble Rider™, Single Direct Bury UPS 77 1685 194704A Boogie Board™ (DB Only) 173 3435 249557B Chill® Spinner - Stainless Steel 2" Surface Mount 88 5465 249557A Chill® Spinner - Stainless Steel Direct Bury 94 5400 247189B Chill® Spinner 2" Surface Mount 87 2930 247189A Chill® Spinner Direct Bury 92 2875 247179A Curva® Spinner (DB Only) 117 2630 249553A Curva® Spinner - Stainless Steel (DB Only) 117 6180 158107A Cycler (DB Only) 48 2085 233059A DigiRider® Bear 2" Surface Mount 69 1615 233059B DigiRider® Bear Direct Bury 85 1920 233057A DigiRider® Butterfly 2" Surface Mount 94 1615 233057B DigiRider® Butterfly Direct Bury 110 1920 233061A DigiRider® Chicken 2" Surface Mount 73 1615 233061B DigiRider® Chicken Direct Bury 89 1920 233058A DigiRider® Dinosaur 2" Surface Mount 73 1615 233058B DigiRider® Dinosaur Direct Bury 89 1920 233054A DigiRider® Fire Engine 2" Surface Mount 121 2460 233054B DigiRider® Fire Engine Direct Bury 142 2755 233060A DigiRider® Horse 2" Surface Mount 76 1615 233060B DigiRider® Horse Direct Bury 92 1920 233053A DigiRider® Police Car 2" Surface Mount 67 1615 233053B DigiRider® Police Car Direct Bury 83 1920 233055A DigiRider® Rocket Ship 2" Surface Mount 84 1615 233055B DigiRider® Rocket Ship Direct Bury 100 1920 233056A DigiRider® Tractor 2" Surface Mount 78 1615 233056B DigiRider® Tractor Direct Bury 95 1920 185927A Flywheel® Spinner (DB Only) 125 4685 218915A Global Motion® (DB Only) 1555 39595 228071A Global Motion® HDG (DB Only) 1 1590 45525 201549A Gyro Twister® Spinner (DB Only) 253 3530 201552A Gyro Twister® Spinner Add-On (DB Only) 105 2695 111307A Leg Spring Rider w/Permalene® Base (DB Only) UPS 34 355 100027A Log Roll w/Aluminum Posts, 2" SM 104 2735 100027A Log Roll w/Aluminum Posts, DB 110 2365 100027B Log Roll w/Steel Posts, 2" SM 168 2640 100027B Log Roll w/Steel Posts, DB 192 2310 173591A OmniSpin® Spinner, Surface Mount 499 11480 295696A ReviRock® Bouncer 333 6090 295695A ReviWheel® Spinner 177 6985 295694A ReviWhirl® Spinner 162 6340 115381A Rider Direct Bury Leg UPS 19 290 152179C Saddle Spinner 12" Height, 12" SM UPS 38 1105 152179B Saddle Spinner 12" Height, 2" SM UPS 36 1105 152179A Saddle Spinner 12" Height, DB UPS 40 990 152179C Saddle Spinner 16" Height, 12" SM UPS 38 1105 152179B Saddle Spinner 16" Height, 2" SM UPS 36 1105 152179A Saddle Spinner 16" Height, DB UPS 40 990 148706A Seesaw Back Support w/Belt 2 UPS 11 415 148706B Seesaw Back Support w/o Belt 2 UPS 11 360 148636B Seesaw, 2-Seats 2" Surface Mount 104 3380 148636A Seesaw, 2-Seats Direct Bury 146 3945 148637B Seesaw, 4-Seats 2" Surface Mount 115 4270 148637A Seesaw, 4-Seats Direct Bury 157 4825 178484B Sheep Seesaw, 2" Surface Mount 168 5590 178484A Sheep Seesaw, Direct Bury 210 6145 201550A Sol™ Spinner (DB Only) 276 4095 201553A Sol™ Spinner Add-On (DB Only) 128 3260 125059A Spring Platform, w/Handhold, 2" SM 3 200 2550 125059A Spring Platform, w/Handhold, DB 3 288 3405 125059B Spring Platform, w/o Handhold, 2" SM 3 194 2320 125059B Spring Platform, w/o Handhold, DB 3 248 3190 2026 Playground Equipment Price List Pricing effective on September 22, 2025 Model # Description UPS Weight(lbs) Price($) NOTE: All products identified above are a Direct Bury type of installation unless otherwise noted. For Surface Mounting, contact the LSI Design Department for price quote. Confidential: Internal Landscape Structures Use Only Because of our commitment to safety, innovation and value, we reserve the right to change pricing at any time. 49 125059C Spring Platform, w/Post, 2" SM 3 225 3135 125059C Spring Platform, w/Post, DB 3 279 3980 120876A Spring Pod™ Bouncer, 2" SM UPS 16 690 120876A Spring Pod™ Bouncer, DB UPS 20 605 148638B Stand-Up Seesaw 2" Surface Mount 118 3020 148638A Stand-Up Seesaw Direct Bury 160 3550 155077A Stand-Up Spinner (DB Only) 60 2450 153167B Stationary Cycler, Accessible, Aluminum Posts, 2" Surface Mount 42 1255 153167B Stationary Cycler, Accessible, Aluminum Posts, Direct Bury 45 1105 153167A Stationary Cycler, Accessible, Steel Posts, 2" Surface Mount 66 1215 153167A Stationary Cycler, Accessible, Steel Posts, Direct Bury 78 1065 160055B Stationary Cycler, Handles Only, Aluminum Post, 2" Surface Mount 64 2425 160055D Stationary Cycler, Handles Only, Aluminum Post, 2" Surface Mount 64 2425 160055B Stationary Cycler, Handles Only, Aluminum Post, Direct Bury 70 2085 160055D Stationary Cycler, Handles Only, Aluminum Post, Direct Bury 70 2085 160055F Stationary Cycler, Handles Only, Steel Post, 2" Surface Mount 122 2370 160055H Stationary Cycler, Handles Only, Steel Post, 2" Surface Mount 122 2370 160055F Stationary Cycler, Handles Only, Steel Post, Direct Bury 146 2030 160055H Stationary Cycler, Handles Only, Steel Post, Direct Bury 146 2030 160055A Stationary Cycler, Pedals and Grab Bar, Aluminum Post, 2" Surface Mount 74 2795 160055A Stationary Cycler, Pedals and Grab Bar, Aluminum Post, Direct Bury 80 2450 160055E Stationary Cycler, Pedals and Grab Bar, Steel Post, 2" Surface Mount 131 2735 160055E Stationary Cycler, Pedals and Grab Bar, Steel Post, Direct Bury 155 2400 160055C Stationary Cycler, Pedals and Handles, Aluminum Post, 2" Surface Mount 82 3450 160055C Stationary Cycler, Pedals and Handles, Aluminum Post, Direct Bury 88 3115 160055G Stationary Cycler, Pedals and Handles, Steel Post, 2" Surface Mount 139 3395 160055G Stationary Cycler, Pedals and Handles, Steel Post, Direct Bury 163 3055 123831A SuperScoop (DB Only) UPS 52 1480 123832A SuperScoop, Accessible 2" Surface Mount UPS 36 1420 123832B SuperScoop, Accessible Direct Bury UPS 39 1365 258372B Sway Fun® Glider w/12' Ramp Assembly w/Berm Plate, Aluminum Post, 12" Surface Mount 2071 37090 258372B Sway Fun® Glider w/12' Ramp Assembly w/Berm Plate, Aluminum Post, 2" Surface Mount 2016 37090 258372B Sway Fun® Glider w/12' Ramp Assembly w/Berm Plate, Aluminum Post, Direct Bury 2077 36340 258372A Sway Fun® Glider w/12' Ramp Assembly w/Berm Plate, Steel Post, 12" Surface Mount 2165 36855 258372A Sway Fun® Glider w/12' Ramp Assembly w/Berm Plate, Steel Post, 2" Surface Mount 2147 36855 258372A Sway Fun® Glider w/12' Ramp Assembly w/Berm Plate, Steel Post, Direct Bury 2199 36205 177140B Sway Fun® Glider w/12' Ramp Assembly, Aluminum Post, 12" Surface Mount 2051 37120 177140B Sway Fun® Glider w/12' Ramp Assembly, Aluminum Post, 2" Surface Mount 2041 37120 177140B Sway Fun® Glider w/12' Ramp Assembly, Aluminum Post, Direct Bury 2071 36460 177140A Sway Fun® Glider w/12' Ramp Assembly, Steel Post, 12" Surface Mount 2145 36900 177140A Sway Fun® Glider w/12' Ramp Assembly, Steel Post, 2" Surface Mount 2127 36900 177140A Sway Fun® Glider w/12' Ramp Assembly, Steel Post, Direct Bury 2193 36360 170894A Sway Fun® Glider, 12" Height 1271 23425 138871A Sway Fun® Glider, 16" Height 1256 22900 205800A TopsyTurny® Spinner (42" DB Only) 397 6935 121648A Track Ride 10' Straight w/Aluminum Posts (DB Only) 243 5675 121648B Track Ride 10' Straight w/Steel Posts (DB Only) 416 5325 121875A Track Ride 18' Straight w/Aluminum Posts (DB Only) 293 6180 121875B Track Ride 18' Straight w/Steel Posts (DB Only) 467 5830 121874A Track Ride Curved w/Aluminum Posts (DB Only) 323 6910 121874B Track Ride Curved w/Steel Posts (DB Only) 509 6525 2026 Playground Equipment Price List Pricing effective on September 22, 2025 Model # Description UPS Weight(lbs) Price($) NOTE: All products identified above are a Direct Bury type of installation unless otherwise noted. For Surface Mounting, contact the LSI Design Department for price quote. Confidential: Internal Landscape Structures Use Only Because of our commitment to safety, innovation and value, we reserve the right to change pricing at any time. 50 251037A We-Go-Round® HDG with Abstract DigiFuse® Panels, 2 Seats, Direct Bury 1 2112 48630 251037B We-Go-Round® HDG with Abstract DigiFuse® Panels, 3 Seats, Direct Bury 1 2168 49280 251037A We-Go-Round® HDG with Custom DigiFuse® Panels (Requires CP), 2 Seats, Direct Bury 1 2112 48630 251037B We-Go-Round® HDG with Custom DigiFuse® Panels (Requires CP), 3 Seats, Direct Bury 1 2168 49280 251037A We-Go-Round® HDG with Farm DigiFuse® Panels, 2 Seats, Direct Bury 1 2112 48630 251037B We-Go-Round® HDG with Farm DigiFuse® Panels, 3 Seats, Direct Bury 1 2168 49280 251037A We-Go-Round® HDG with Kite DigiFuse® Panels, 2 Seats, Direct Bury 1 2112 48630 251037B We-Go-Round® HDG with Kite DigiFuse® Panels, 3 Seats, Direct Bury 1 2168 49280 251037A We-Go-Round® HDG with Music DigiFuse® Panels, 2 Seats, Direct Bury 1 2112 48630 251037B We-Go-Round® HDG with Music DigiFuse® Panels, 3 Seats, Direct Bury 1 2168 49280 251037A We-Go-Round® HDG with Nature DigiFuse® Panels, 2 Seats, Direct Bury 1 2112 48630 251037B We-Go-Round® HDG with Nature DigiFuse® Panels, 3 Seats, Direct Bury 1 2168 49280 251037A We-Go-Round® HDG with Ocean DigiFuse® Panels, 2 Seats, Direct Bury 1 2112 48630 251037B We-Go-Round® HDG with Ocean DigiFuse® Panels, 3 Seats, Direct Bury 1 2168 49280 251036A We-Go-Round® HDG with Perforated Panels 2 Seats 1 2103 47075 251036B We-Go-Round® HDG with Perforated Panels 3 Seats 1 2161 47745 251037A We-Go-Round® HDG with Seasons DigiFuse® Panels, 2 Seats, Direct Bury 1 2112 48630 251037B We-Go-Round® HDG with Seasons DigiFuse® Panels, 3 Seats, Direct Bury 1 2168 49280 251037A We-Go-Round® HDG with Space DigiFuse® Panels, 2 Seats, Direct Bury 1 2112 48630 251037B We-Go-Round® HDG with Space DigiFuse® Panels, 3 Seats, Direct Bury 1 2168 49280 251037A We-Go-Round® HDG with Transportation DigiFuse® Panels, 2 Seats, Direct Bury 1 2112 48630 251037B We-Go-Round® HDG with Transportation DigiFuse® Panels, 3 Seats, Direct Bury 1 2168 49280 249558A We-Go-Round® with Abstract DigiFuse® Panels, 2 Seats, Direct Bury 2107 42495 249558B We-Go-Round® with Abstract DigiFuse® Panels, 3 Seats, Direct Bury 2165 43060 249558A We-Go-Round® with Custom DigiFuse® Panels (Requires CP), 2 Seats, Direct Bury 2107 42495 249558B We-Go-Round® with Custom DigiFuse® Panels (Requires CP), 3 Seats, Direct Bury 2165 43060 249558A We-Go-Round® with Farm DigiFuse® Panels, 2 Seats, Direct Bury 2107 42495 249558B We-Go-Round® with Farm DigiFuse® Panels, 3 Seats, Direct Bury 2165 43060 249558A We-Go-Round® with Kite DigiFuse® Panels, 2 Seats, Direct Bury 2107 42495 249558B We-Go-Round® with Kite DigiFuse® Panels, 3 Seats, Direct Bury 2165 43060 249558A We-Go-Round® with Music DigiFuse® Panels, 2 Seats, Direct Bury 2107 42495 249558B We-Go-Round® with Music DigiFuse® Panels, 3 Seats, Direct Bury 2165 43060 249558A We-Go-Round® with Nature DigiFuse® Panels, 2 Seats, Direct Bury 2107 42495 249558B We-Go-Round® with Nature DigiFuse® Panels, 3 Seats, Direct Bury 2165 43060 249558A We-Go-Round® with Ocean DigiFuse® Panels, 2 Seats, Direct Bury 2107 42495 249558B We-Go-Round® with Ocean DigiFuse® Panels, 3 Seats, Direct Bury 2165 43060 248819A We-Go-Round® with Perforated Panels 2 Seats 2100 40940 248819B We-Go-Round® with Perforated Panels 3 Seats 2158 41520 249558A We-Go-Round® with Seasons DigiFuse® Panels, 2 Seats, Direct Bury 2107 42495 2026 Playground Equipment Price List Pricing effective on September 22, 2025 Model # Description UPS Weight(lbs) Price($) NOTE: All products identified above are a Direct Bury type of installation unless otherwise noted. For Surface Mounting, contact the LSI Design Department for price quote. Confidential: Internal Landscape Structures Use Only Because of our commitment to safety, innovation and value, we reserve the right to change pricing at any time. 51 249558B We-Go-Round® with Seasons DigiFuse® Panels, 3 Seats, Direct Bury 2165 43060 249558A We-Go-Round® with Space DigiFuse® Panels, 2 Seats, Direct Bury 2107 42495 249558B We-Go-Round® with Space DigiFuse® Panels, 3 Seats, Direct Bury 2165 43060 249558A We-Go-Round® with Transportation DigiFuse® Panels, 2 Seats, Direct Bury 2107 42495 249558B We-Go-Round® with Transportation DigiFuse® Panels, 3 Seats, Direct Bury 2165 43060 186490A We-saw™ (DB Only) 783 14895 135536A Whimsy Rider™ Dolphin w/Coil Spring, 2" SM 4 UPS 66 1640 135536B Whimsy Rider™ Dolphin w/Coil Spring, DB 4 UPS 82 1905 135535A Whimsy Rider™ Sea Horse w/Coil Spring, 2" SM 4 UPS 73 1720 135535B Whimsy Rider™ Sea Horse w/Coil Spring, DB 4 UPS 90 2025 135534A Whimsy Rider™ Zebra w/Coil Spring, 2" SM 4 UPS 66 1595 135534B Whimsy Rider™ Zebra w/Coil Spring, DB 4 UPS 84 1865 277369A WhirlyQ® Spinner (SM Only) 995 18535 158105A Wobble Pod® Bouncer (DB Only) 122 2155 195508A ZipKrooz® Additional Bay EN, 34' Long, Aluminum Posts, 12" Surface Mount 853 20050 195508A ZipKrooz® Additional Bay EN, 34' Long, Aluminum Posts, 2" Surface Mount 839 20050 195508A ZipKrooz® Additional Bay EN, 34' Long, Aluminum Posts, Direct Bury 872 18620 195508A ZipKrooz® Additional Bay EN, 34' Long, Steel Posts, 12" Surface Mount 1072 19335 195508A ZipKrooz® Additional Bay EN, 34' Long, Steel Posts, 2" Surface Mount 1044 19335 195508A ZipKrooz® Additional Bay EN, 34' Long, Steel Posts, Direct Bury 1176 18065 195508B ZipKrooz® Additional Bay EN, 50' Long, Aluminum Posts, 12" Surface Mount 1048 22900 195508B ZipKrooz® Additional Bay EN, 50' Long, Aluminum Posts, 2" Surface Mount 1032 22900 195508B ZipKrooz® Additional Bay EN, 50' Long, Aluminum Posts, Direct Bury 1068 21335 195508B ZipKrooz® Additional Bay EN, 50' Long, Steel Posts, 12" Surface Mount 1312 22125 195508B ZipKrooz® Additional Bay EN, 50' Long, Steel Posts, 2" Surface Mount 1280 22125 195508B ZipKrooz® Additional Bay EN, 50' Long, Steel Posts, Direct Bury 1424 20725 195508C ZipKrooz® Additional Bay EN, 66' Long, Aluminum Posts, 12" Surface Mount 1243 25760 195508C ZipKrooz® Additional Bay EN, 66' Long, Aluminum Posts, 2" Surface Mount 1225 25760 195508C ZipKrooz® Additional Bay EN, 66' Long, Aluminum Posts, Direct Bury 1264 24050 195508C ZipKrooz® Additional Bay EN, 66' Long, Steel Posts, 12" Surface Mount 1552 24895 195508C ZipKrooz® Additional Bay EN, 66' Long, Steel Posts, 2" Surface Mount 1516 24895 195508C ZipKrooz® Additional Bay EN, 66' Long, Steel Posts, Direct Bury 1672 23395 195507A ZipKrooz® Additional Bay, 34' Long, Aluminum Posts, 12" Surface Mount 777 17485 195507A ZipKrooz® Additional Bay, 34' Long, Aluminum Posts, 2" Surface Mount 159 17485 195507A ZipKrooz® Additional Bay, 34' Long, Aluminum Posts, Direct Bury 786 16255 195507A ZipKrooz® Additional Bay, 34' Long, Steel Posts, 12" Surface Mount 1031 16900 195507A ZipKrooz® Additional Bay, 34' Long, Steel Posts, 2" Surface Mount 995 16900 195507A ZipKrooz® Additional Bay, 34' Long, Steel Posts, Direct Bury 1103 15795 195507B ZipKrooz® Additional Bay, 50' Long, Aluminum Posts, 12" Surface Mount 944 20360 195507B ZipKrooz® Additional Bay, 50' Long, Aluminum Posts, 2" Surface Mount 924 20360 195507B ZipKrooz® Additional Bay, 50' Long, Aluminum Posts, Direct Bury 954 18975 195507B ZipKrooz® Additional Bay, 50' Long, Steel Posts, 12" Surface Mount 1232 19710 195507B ZipKrooz® Additional Bay, 50' Long, Steel Posts, 2" Surface Mount 1192 19710 195507B ZipKrooz® Additional Bay, 50' Long, Steel Posts, Direct Bury 1312 18465 195507C ZipKrooz® Additional Bay, 66' Long, Aluminum Posts, 12" Surface Mount 1112 23145 2026 Playground Equipment Price List Pricing effective on September 22, 2025 Model # Description UPS Weight(lbs) Price($) NOTE: All products identified above are a Direct Bury type of installation unless otherwise noted. For Surface Mounting, contact the LSI Design Department for price quote. Confidential: Internal Landscape Structures Use Only Because of our commitment to safety, innovation and value, we reserve the right to change pricing at any time. 52 195507C ZipKrooz® Additional Bay, 66' Long, Aluminum Posts, 2" Surface Mount 1090 23145 195507C ZipKrooz® Additional Bay, 66' Long, Aluminum Posts, Direct Bury 1123 21670 195507C ZipKrooz® Additional Bay, 66' Long, Steel Posts, 12" Surface Mount 1434 22535 195507C ZipKrooz® Additional Bay, 66' Long, Steel Posts, 2" Surface Mount 1390 22535 195507C ZipKrooz® Additional Bay, 66' Long, Steel Posts, Direct Bury 1522 21160 196213A ZipKrooz® Assisted Additional Bay, 34' Long, Aluminum Posts, 12" Surface Mount 514 15130 196213A ZipKrooz® Assisted Additional Bay, 34' Long, Aluminum Posts, 2" Surface Mount 504 15130 196213A ZipKrooz® Assisted Additional Bay, 34' Long, Aluminum Posts, Direct Bury 519 14440 196213A ZipKrooz® Assisted Additional Bay, 34' Long, Steel Posts, 12" Surface Mount 728 14795 196213A ZipKrooz® Assisted Additional Bay, 34' Long, Steel Posts, 2" Surface Mount 708 14795 196213A ZipKrooz® Assisted Additional Bay, 34' Long, Steel Posts, Direct Bury 768 14150 196213B ZipKrooz® Assisted Additional Bay, 50' Long, Aluminum Posts, 12" Surface Mount 682 18015 196213B ZipKrooz® Assisted Additional Bay, 50' Long, Aluminum Posts, 2" Surface Mount 670 18015 196213B ZipKrooz® Assisted Additional Bay, 50' Long, Aluminum Posts, Direct Bury 688 17150 196213B ZipKrooz® Assisted Additional Bay, 50' Long, Steel Posts, 12" Surface Mount 930 17630 196213B ZipKrooz® Assisted Additional Bay, 50' Long, Steel Posts, 2" Surface Mount 906 17630 196213B ZipKrooz® Assisted Additional Bay, 50' Long, Steel Posts, Direct Bury 978 16830 196213C ZipKrooz® Assisted Additional Bay, 66' Long, Aluminum Posts, 12" Surface Mount 850 20870 196213C ZipKrooz® Assisted Additional Bay, 66' Long, Aluminum Posts, 2" Surface Mount 836 20870 196213C ZipKrooz® Assisted Additional Bay, 66' Long, Aluminum Posts, Direct Bury 857 19835 196213C ZipKrooz® Assisted Additional Bay, 66' Long, Steel Posts, 12" Surface Mount 1132 20455 196213C ZipKrooz® Assisted Additional Bay, 66' Long, Steel Posts, 2" Surface Mount 1104 20455 196213C ZipKrooz® Assisted Additional Bay, 66' Long, Steel Posts, Direct Bury 1188 19510 196212A ZipKrooz® Assisted, 34' Long, Aluminum Posts, 12" Surface Mount 542 15740 196212A ZipKrooz® Assisted, 34' Long, Aluminum Posts, 2" Surface Mount 530 15740 196212A ZipKrooz® Assisted, 34' Long, Aluminum Posts, Direct Bury 548 14870 196212A ZipKrooz® Assisted, 34' Long, Steel Posts, 12" Surface Mount 790 15365 196212A ZipKrooz® Assisted, 34' Long, Steel Posts, 2" Surface Mount 766 15365 196212A ZipKrooz® Assisted, 34' Long, Steel Posts, Direct Bury 838 14560 196212B ZipKrooz® Assisted, 50' Long, Aluminum Posts, 12" Surface Mount 738 19235 196212B ZipKrooz® Assisted, 50' Long, Aluminum Posts, 2" Surface Mount 722 19235 196212B ZipKrooz® Assisted, 50' Long, Aluminum Posts, Direct Bury 746 18025 196212B ZipKrooz® Assisted, 50' Long, Steel Posts, 12" Surface Mount 1054 18750 196212B ZipKrooz® Assisted, 50' Long, Steel Posts, 2" Surface Mount 1022 18750 196212B ZipKrooz® Assisted, 50' Long, Steel Posts, Direct Bury 1118 17655 196212C ZipKrooz® Assisted, 66' Long, Aluminum Posts, 12" Surface Mount 934 22705 196212C ZipKrooz® Assisted, 66' Long, Aluminum Posts, 2" Surface Mount 914 22705 196212C ZipKrooz® Assisted, 66' Long, Aluminum Posts, Direct Bury 944 21175 196212C ZipKrooz® Assisted, 66' Long, Steel Posts, 12" Surface Mount 1318 22150 196212C ZipKrooz® Assisted, 66' Long, Steel Posts, 2" Surface Mount 1278 22150 196212C ZipKrooz® Assisted, 66' Long, Steel Posts, Direct Bury 1398 20750 194664A ZipKrooz® EN, 34' Long, Aluminum Posts, 12" Surface Mount 962 21200 194664A ZipKrooz® EN, 34' Long, Aluminum Posts, 2" Surface Mount 942 21200 194664A ZipKrooz® EN, 34' Long, Aluminum Posts, Direct Bury 984 19375 194664A ZipKrooz® EN, 34' Long, Steel Posts, 12" Surface Mount 1328 20300 194664A ZipKrooz® EN, 34' Long, Steel Posts, 2" Surface Mount 1288 20300 2026 Playground Equipment Price List Pricing effective on September 22, 2025 Model # Description UPS Weight(lbs) Price($) NOTE: All products identified above are a Direct Bury type of installation unless otherwise noted. For Surface Mounting, contact the LSI Design Department for price quote. Confidential: Internal Landscape Structures Use Only Because of our commitment to safety, innovation and value, we reserve the right to change pricing at any time. 53 194664A ZipKrooz® EN, 34' Long, Steel Posts, Direct Bury 1456 18660 194664B ZipKrooz® EN, 50' Long, Aluminum Posts, 12" Surface Mount 1192 24875 194664B ZipKrooz® EN, 50' Long, Aluminum Posts, 2" Surface Mount 1168 24875 194664B ZipKrooz® EN, 50' Long, Aluminum Posts, Direct Bury 1216 22765 194664B ZipKrooz® EN, 50' Long, Steel Posts, 12" Surface Mount 1648 23795 194664B ZipKrooz® EN, 50' Long, Steel Posts, 2" Surface Mount 1600 23795 194664B ZipKrooz® EN, 50' Long, Steel Posts, Direct Bury 1792 21920 194664C ZipKrooz® EN, 66' Long, Aluminum Posts, 12" Surface Mount 1422 28525 194664C ZipKrooz® EN, 66' Long, Aluminum Posts, 2" Surface Mount 1394 28525 194664C ZipKrooz® EN, 66' Long, Aluminum Posts, Direct Bury 1448 26140 194664C ZipKrooz® EN, 66' Long, Steel Posts, 12" Surface Mount 1968 27310 194664C ZipKrooz® EN, 66' Long, Steel Posts, 2" Surface Mount 1912 27310 194664C ZipKrooz® EN, 66' Long, Steel Posts, Direct Bury 2128 25165 194663A ZipKrooz®, 34' Long, Aluminum Posts, 12" Surface Mount 805 18105 194663A ZipKrooz®, 34' Long, Aluminum Posts, 2" Surface Mount 785 18105 194663A ZipKrooz®, 34' Long, Aluminum Posts, Direct Bury 820 16705 194663A ZipKrooz®, 34' Long, Steel Posts, 12" Surface Mount 1093 17455 194663A ZipKrooz®, 34' Long, Steel Posts, 2" Surface Mount 1053 17455 194663A ZipKrooz®, 34' Long, Steel Posts, Direct Bury 1173 16225 194663B ZipKrooz®, 50' Long, Aluminum Posts, 12" Surface Mount 1000 21565 194663B ZipKrooz®, 50' Long, Aluminum Posts, 2" Surface Mount 976 21565 194663B ZipKrooz®, 50' Long, Aluminum Posts, Direct Bury 1012 19865 194663B ZipKrooz®, 50' Long, Steel Posts, 12" Surface Mount 1356 20835 194663B ZipKrooz®, 50' Long, Steel Posts, 2" Surface Mount 1308 20835 194663B ZipKrooz®, 50' Long, Steel Posts, Direct Bury 1452 19300 194663C ZipKrooz®, 66' Long, Aluminum Posts, 12" Surface Mount 1196 25045 194663C ZipKrooz®, 66' Long, Aluminum Posts, 2" Surface Mount 1168 25045 194663C ZipKrooz®, 66' Long, Aluminum Posts, Direct Bury 1210 23010 194663C ZipKrooz®, 66' Long, Steel Posts, 12" Surface Mount 1620 24240 194663C ZipKrooz®, 66' Long, Steel Posts, 2" Surface Mount 1564 24240 194663C ZipKrooz®, 66' Long, Steel Posts, Direct Bury 1732 22425 1 NOTE: 4-week lead time required. 2 NOTE: The Seat Strap is intended for use in supervised play areas only. In public playground environments, we recommend a checkout system to reduce vandalism/theft and for safety reasons. 3 NOTE: Additional cost associated with Direct Bury. 4 NOTE: No color options are available. The Direct Bury version includes the Direct Bury leg for concrete. Freestanding Play Structures 234516A Alpha Link® Towers 9893 147220 242983A Alpha Link® Towers AUS 9875 138495 241203A Alpha Link® Towers EN 9995 151960 241397A Alpha Link® Towers TT 9962 147630 226231A Alpha® Tower 5790 81705 242982A Alpha® Tower AUS 5869 82605 239103A Alpha® Tower EN 5892 86470 241405A Alpha® Tower TT 5859 82135 100121B Clubhouse with Arch Roof, 2" SM 1 341 10255 100121A Clubhouse with Arch Roof, DB 1 365 9825 100121D Clubhouse with Square Poly Roof, Personalized Roof Logo, 2" SM 1 327 8235 100121C Clubhouse with Square Poly Roof, Personalized Roof Logo, DB 1 351 7680 100121D Clubhouse with Square Poly Roof, Standard Roof Logo, 2" SM 1 327 8235 100121C Clubhouse with Square Poly Roof, Standard Roof Logo, DB 1 351 7680 248479A Crab Trap® 3324 93865 251054A Crab Trap® HDG 2 3324 112810 100122B Dino Climber 2" Surface Mount 718 17245 100122A Dino Climber Direct Bury 783 16405 148640A Fire Engine (DB Only) 1270 24070 100120B Infant Maze, Personalized Roof Logo, 2"SM 339 9785 100120A Infant Maze, Personalized Roof Logo, DB 385 9380 100120B Infant Maze, Standard Roof Logo, 2" SM 339 9785 100120A Infant Maze, Standard Roof Logo, DB 385 9380 254629A Super Netplex® 12' & 12' Towers 8890 213030 254626A Super Netplex® 12' Tower 4640 107980 2026 Playground Equipment Price List Pricing effective on September 22, 2025 Model # Description UPS Weight(lbs) Price($) NOTE: All products identified above are a Direct Bury type of installation unless otherwise noted. For Surface Mounting, contact the LSI Design Department for price quote. Confidential: Internal Landscape Structures Use Only Because of our commitment to safety, innovation and value, we reserve the right to change pricing at any time. 54 254627A Super Netplex® 8' & 12' Towers 7470 188330 254625A Super Netplex® 8' Tower Direct Bury Only 2760 77085 152848B Toddlertown®, Customized Roof Logo, 2" Surface Mount 1304 26130 152848A Toddlertown®, Customized Roof Logo, Direct Bury 1380 24775 152848B Toddlertown®, Standard Roof Logo, 2" Surface Mount 1304 26130 152848A Toddlertown®, Standard Roof Logo, Direct Bury 1380 24775 1 NOTE: Free customized text on roof; limit approximately 15 characters including spaces. Validate customized text in design tools. 2 NOTE: 4-week lead time required. Freestanding Play Slides & Gliders 100046A Poly Slide, 40" Deck, 2" SM 372 7055 100046A Poly Slide, 40" Deck, DB 401 6615 100046C Poly Wave Slide, 72" Deck, 2" SM 526 8585 100046C Poly Wave Slide, 72" Deck, DB 559 8130 189314A Rushwinder Left, Direct Bury 439 7905 189314A Rushwinder Right, Direct Bury 439 7905 189314A Rushwinder Straight, Direct Bury 439 7905 203791B SpyroSlide™, 56" Deck, 2" Surface Mount 662 11020 203791B SpyroSlide™, 56" Deck, Direct Bury 711 10635 203791A SpyroSlide™, 72" Deck, 2" Surface Mount 755 12425 203791A SpyroSlide™, 72" Deck, Direct Bury 806 12055 Freestanding Play Swings 177340A 2" Arch Swing Frame 196 2445 177341A 2" Arch Swing Frame Additional Bay 123 1410 177343A 2" Arch Swing Frame Additional Bay Anti-Wrap Hangers 119 1635 177342A 2" Arch Swing Frame Anti-Wrap Hangers 192 2620 221292A 5" Arch Swing Frame 8' Beam Height Only 204 3850 221293A 5" Arch Swing Frame Additional Bay 8' Beam Height Only 124 2340 174011A 5000 Series Swing 8' Beam Height Galvanized Legs 250 1720 174011B 5000 Series Swing 8' Beam Height Painted Legs 253 1980 177328A 5000 Series Swing Frame 10' Beam Height Anti-Wrap Hangers Galvanized Legs 278 1980 177328B 5000 Series Swing Frame 10' Beam Height Anti-Wrap Hangers Painted Legs 281 2245 177325A 5000 Series Swing Frame 10' Height Additional Bay Galvanized Legs 126 895 177325B 5000 Series Swing Frame 10' Height Additional Bay Painted Legs 127 970 177324A 5000 Series Swing Frame 10' Height Galvanized Legs 281 1790 177324B 5000 Series Swing Frame 10' Height PaintedLegs 284 2050 177326A 5000 Series Swing Frame 8' Beam Height Anti-Wrap Hangers Galvanized Legs 247 1910 177326B 5000 Series Swing Frame 8' Beam Height Anti-Wrap Hangers Painted Legs 249 2160 177329A 5000 Series Swing Frame Additional Bay 10' Beam Height Anti-Wrap Hangers Galvanized Legs 123 1110 177329B 5000 Series Swing Frame Additional Bay 10' Beam Height Anti-Wrap Hangers Painted Legs 123 1185 177327A 5000 Series Swing Frame Additional Bay 8' Beam Height Anti-Wrap Hangers Galvanized Legs 114 1055 177327B 5000 Series Swing Frame Additional Bay 8' Beam Height Anti-Wrap Hangers Painted Legs 115 1140 177323A 5000 Series Swing Frame Additional Bay 8' Beam Height Galvanized Legs 117 870 177323B 5000 Series Swing Frame Additional Bay 8' Beam Height Painted Legs 118 945 139188A Arch Tire Swing Additional Bay TenderTuff™ Chain 230 4035 221294A Arch Tire Swing Additional To/Fro Bay 120 2190 120891A Arch Tire Swing TenderTuff™ Chain 299 5230 174018C Belt Seat w/Chains ProGuard Chains for 10' Beam Height UPS 10 210 174018E Belt Seat w/Chains ProGuard Chains for 7' Beam Height UPS 8 175 174018A Belt Seat w/Chains ProGuard Chains for 8' Beam Height UPS 8 175 174018D Belt Seat w/Chains TenderTuff Chains for 10' Beam Height UPS 11 295 2026 Playground Equipment Price List Pricing effective on September 22, 2025 Model # Description UPS Weight(lbs) Price($) NOTE: All products identified above are a Direct Bury type of installation unless otherwise noted. For Surface Mounting, contact the LSI Design Department for price quote. Confidential: Internal Landscape Structures Use Only Because of our commitment to safety, innovation and value, we reserve the right to change pricing at any time. 55 174018F Belt Seat w/Chains TenderTuff Chains for 7' Beam Height UPS 9 245 174018B Belt Seat w/Chains TenderTuff Chains for 8' Beam Height UPS 9 245 177348C Flat Molded Seat w/Chains ProGuard Chains for 10' Beam Height UPS 17 385 177348A Flat Molded Seat w/Chains ProGuard Chains for 8' Beam Height UPS 15 375 177348D Flat Molded Seat w/Chains TenderTuff Chains for 10' Beam Height UPS 18 525 177348B Flat Molded Seat w/Chains TenderTuff Chains for 8' Beam Height UPS 16 460 352215A Flexx™ Swing w/5" Arch Swing Frame 278 9340 352216A Flexx™ Swing w/5" Arch Swing Frame Additional Bay 218 7680 352218A Flexx™ Swing w/5" Arch Tire Swing Frame Additional Bay 208 7425 352222A Flexx™ Swing w/Forma™ Swing Frame 592 12285 352223A Flexx™ Swing w/Forma™ Swing Frame Additional Bay 569 12220 352221A Flexx™ Swing w/Hedra® Swing Frame 487 9795 352220A Flexx™ Swing w/Single Post Swing Frame Additional Bay 52" Bury 256 6575 307429A Forma™ Swing Frame DB Only 441 6795 316601A Forma™ Swing Frame DB Only Additional Bay 437 6730 237294A Friendship® Swing w/5" Arch Swing Frame Additional Bay ProGuard Chains 214 5050 237294B Friendship® Swing w/5" Arch Swing Frame Additional Bay TenderTuff Chains 218 5245 237293A Friendship® Swing w/5" Arch Swing Frame ProGuard Chains 276 6705 237293B Friendship® Swing w/5" Arch Swing Frame TenderTuff Chains 279 6905 237295A Friendship® Swing w/5" Arch Tire Swing Frame Additional Bay ProGuard Chains 208 4795 237295B Friendship® Swing w/5" Arch Tire Swing Frame Additional Bay TenderTuff Chains 211 4990 278857A Friendship® Swing w/Hedra® Frame ProGuard Chains DB Only 455 7160 278857B Friendship® Swing w/Hedra® Frame TenderTuff Chains DB Only 459 7360 237296A Friendship® Swing w/Single Post Swing Frame 52" Bury ProGuard Chains 351 4535 237296B Friendship® Swing w/Single Post Swing Frame 52" Bury TenderTuff Chains 354 4735 237297A Friendship® Swing w/Single Post Swing Frame Additional Bay 52" Bury ProGuard Chains 252 3940 237297B Friendship® Swing w/Single Post Swing Frame Additional Bay 52" Bury TenderTuff Chains 255 4135 177352A Full Bucket Infant Seat w/Chains ProGuard Chains for 2"Arch Swing UPS 14 355 177352C Full Bucket Infant Seat w/Chains ProGuard Chains for Toddler Swing UPS 13 355 177352B Full Bucket Infant Seat w/Chains TenderTuff Chains for 2"Arch Swing UPS 15 415 177352D Full Bucket Infant Seat w/Chains TenderTuff Chains for Toddler Swing UPS 14 410 176038C Full Bucket Seat w/Chains ProGuard Chains for 10' Beam Height UPS 16 520 176038E Full Bucket Seat w/Chains ProGuard Chains for 2"Arch Swing UPS 12 485 176038I Full Bucket Seat w/Chains ProGuard Chains for 7' Beam Height UPS 13 485 176038A Full Bucket Seat w/Chains ProGuard Chains for 8' Beam Height UPS 14 490 176038G Full Bucket Seat w/Chains ProGuard Chains for Toddler Swing UPS 11 485 176038D Full Bucket Seat w/Chains TenderTuff Chains for 10' Beam Height UPS 17 610 176038F Full Bucket Seat w/Chains TenderTuff Chains for 2"Arch Swing UPS 12 555 176038J Full Bucket Seat w/Chains TenderTuff Chains for 7' Beam Height UPS 14 555 176038B Full Bucket Seat w/Chains TenderTuff Chains for 8' Beam Height UPS 14 580 176038H Full Bucket Seat w/Chains TenderTuff Chains for Toddler Swing UPS 11 535 177349C Half Bucket Seat w/Chains ProGuard Chains for 10' Beam Height UPS 13 440 177349E Half Bucket Seat w/Chains ProGuard Chains for 2"Arch Swing UPS 11 390 177349A Half Bucket Seat w/Chains ProGuard Chains for 8' Beam Height UPS 12 395 177349G Half Bucket Seat w/Chains ProGuard Chains for Toddler Swing UPS 10 390 177349D Half Bucket Seat w/Chains TenderTuff Chains for 10' Beam Height UPS 15 555 177349F Half Bucket Seat w/Chains TenderTuff Chains for 2"Arch Swing UPS 12 490 177349B Half Bucket Seat w/Chains TenderTuff Chains for 8' Beam Height UPS 13 500 177349H Half Bucket Seat w/Chains TenderTuff Chains for Toddler Swing UPS 11 485 278557A Hedra® Swing Frame DB Only 346 4440 218671A Molded Bucket Seat (2-5 yrs) w/Harness & Chains ProGuard Chains for 7' Beam Height UPS 50 1185 218671C Molded Bucket Seat (2-5 yrs) w/Harness & Chains ProGuard Chains for 8' Beam Height UPS 50 1195 218671B Molded Bucket Seat (2-5 yrs) w/Harness & Chains TenderTuff Chains for 7' Beam Height UPS 53 1375 2026 Playground Equipment Price List Pricing effective on September 22, 2025 Model # Description UPS Weight(lbs) Price($) NOTE: All products identified above are a Direct Bury type of installation unless otherwise noted. For Surface Mounting, contact the LSI Design Department for price quote. Confidential: Internal Landscape Structures Use Only Because of our commitment to safety, innovation and value, we reserve the right to change pricing at any time. 56 218671D Molded Bucket Seat (2-5 yrs) w/Harness & Chains TenderTuff Chains for 8' Beam Height UPS 53 1410 177351C Molded Bucket Seat (5-12 yrs) w/Harness & Chains ProGuard Chains for 10' Beam Height UPS 51 1245 177351E Molded Bucket Seat (5-12 yrs) w/Harness & Chains ProGuard Chains for 7' Beam Height UPS 48 1185 177351A Molded Bucket Seat (5-12 yrs) w/Harness & Chains ProGuard Chains for 8' Beam Height UPS 48 1195 177351D Molded Bucket Seat (5-12 yrs) w/Harness & Chains TenderTuff Chains for 10' Beam Height UPS 55 1500 177351F Molded Bucket Seat (5-12 yrs) w/Harness & Chains TenderTuff Chains for 7' Beam Height UPS 51 1375 177351B Molded Bucket Seat (5-12 yrs) w/Harness & Chains TenderTuff Chains for 8' Beam Height UPS 51 1410 177350C Molded Bucket Seat w/Chains ProGuard Chains for 10' Beam Height UPS 33 875 177350A Molded Bucket Seat w/Chains ProGuard Chains for 8' Beam Height UPS 29 845 177350B Molded Bucket Seat w/Chains TenderTuff Chains for 8' Beam Height UPS 32 1120 228069A Oodle® Swing HDG (DB Only) 1 400 8860 173592A Oodle® Swing, Direct Bury 395 7695 210117A Oodle® Swing, Double 845 15885 111416A Seat Strap for Molded Bucket Seats 2 UPS 2 105 177344A Single Post Swing Frame 52" Bury 8' Beam Height Only 251 1900 177345A Single Post Swing Frame 52" Bury Additional Bay 8' Beam Height Only 148 1355 177332A Single Post Swing Frame 8' Beam Height Only 213 1710 177333A Single Post Swing Frame Additional Bay 8' Beam Height Only 129 1270 141458B Tire Swing w/4 Posts Additional Bay Steel Beam and Posts, TenderTuff™ Chain 331 3310 141458A Tire Swing w/4 Posts Additional Bay Steel Beam, Aluminum Posts, TenderTuff™ Chain 237 3520 120892B Tire Swing w/4 Posts Steel Beam and Posts, TenderTuff™ Chain 514 4875 120892A Tire Swing w/4 Posts Steel Beam, Aluminum Posts, TenderTuff™ Chain 325 5290 177337A Toddler Swing Add-On Beam UPS 31 705 177336A Toddler Swing Frame 136 1545 277778A We-Go-Swing® w/1 Accessible Bay DB Only 2357 43020 277778B We-Go-Swing® w/2 Accessible Bays DB Only 2312 42715 1 NOTE: 4-week lead time required. 2 NOTE: The Seat Strap is intended for use in supervised play areas only. In public playground environments, we recommend a checkout system to reduce vandalism/theft and for safety reasons. Freestanding Play Sports & Fitness 137958A Chin-Up w/Aluminum Posts 111 1695 137958B Chin-Up w/Steel Posts 235 1545 100041A Curved Balance Beam, 2" SM 63 1365 100041A Curved Balance Beam, DB 71 1150 100042A Drop Shot (DB Only) 91 1995 237934B Facet® Balance Beam Double (DB Only) 1 1232 3055 237934A Facet® Balance Beam Single (DB Only) 1 616 1535 237934C Facet® Balance Beam Triple (DB Only) 1 1848 4590 243016B FitCore™ Extreme A-Frame Cargo Net (13+), 2" Surface Mount 425 14560 243016A FitCore™ Extreme A-Frame Cargo Net (13+), Direct Bury 459 13925 244191B FitCore™ Extreme A-Frame Cargo Net (5-12), 2" Surface Mount 426 14485 244191A FitCore™ Extreme A-Frame Cargo Net (5-12), Direct Bury 459 13845 243016B FitCore™ Extreme A-Frame Cargo Net (EN), 2" Surface Mount 426 14560 243016A FitCore™ Extreme A-Frame Cargo Net (EN), Direct Bury 459 13925 243908B FitCore™ Extreme Angled Balance Beam (13+), Double, 2" Surface Mount 118 2545 243908A FitCore™ Extreme Angled Balance Beam (13+), Double, Direct Bury 123 2280 243908B FitCore™ Extreme Angled Balance Beam (13+), Single, 2" Surface Mount 72 1550 243908A FitCore™ Extreme Angled Balance Beam (13+), Single, Direct Bury 73 1375 2026 Playground Equipment Price List Pricing effective on September 22, 2025 Model # Description UPS Weight(lbs) Price($) NOTE: All products identified above are a Direct Bury type of installation unless otherwise noted. For Surface Mounting, contact the LSI Design Department for price quote. Confidential: Internal Landscape Structures Use Only Because of our commitment to safety, innovation and value, we reserve the right to change pricing at any time. 57 243908B FitCore™ Extreme Angled Balance Beam (13+), Triple, 2" Surface Mount 164 3530 243908A FitCore™ Extreme Angled Balance Beam (13+), Triple, Direct Bury 172 3150 244196B FitCore™ Extreme Angled Balance Beam (5-12), Double, 2" Surface Mount 110 2520 244196A FitCore™ Extreme Angled Balance Beam (5-12), Double, Direct Bury 114 2245 244196B FitCore™ Extreme Angled Balance Beam (5-12), Single, 2" Surface Mount 68 1540 244196A FitCore™ Extreme Angled Balance Beam (5-12), Single, Direct Bury 69 1365 244196B FitCore™ Extreme Angled Balance Beam (5-12), Triple, 2" Surface Mount 152 3465 244196A FitCore™ Extreme Angled Balance Beam (5-12), Triple, Direct Bury 160 3085 243908B FitCore™ Extreme Angled Balance Beam (EN), Double, 2" Surface Mount 118 2545 243908A FitCore™ Extreme Angled Balance Beam (EN), Double, Direct Bury 123 2280 243908B FitCore™ Extreme Angled Balance Beam (EN), Single, 2" Surface Mount 72 1550 243908A FitCore™ Extreme Angled Balance Beam (EN), Single, Direct Bury 73 1375 243908B FitCore™ Extreme Angled Balance Beam (EN), Triple, 2" Surface Mount 164 3530 243908A FitCore™ Extreme Angled Balance Beam (EN), Triple, Direct Bury 172 3150 243907B FitCore™ Extreme Angled Overhead Ladder (13+), 2" Surface Mount 779 9030 243907A FitCore™ Extreme Angled Overhead Ladder (13+), Direct Bury 759 8480 244194B FitCore™ Extreme Angled Overhead Ladder (5-12), 2" Surface Mount 707 9005 244194A FitCore™ Extreme Angled Overhead Ladder (5-12), Direct Bury 682 8425 243907B FitCore™ Extreme Angled Overhead Ladder (EN), 2" Surface Mount 779 9030 243907A FitCore™ Extreme Angled Overhead Ladder (EN), Direct Bury 759 8480 243870B FitCore™ Extreme Globe Grasp (13+), 2" Surface Mount 501 7030 243870A FitCore™ Extreme Globe Grasp (13+), Direct Bury 487 6605 243870B FitCore™ Extreme Globe Grasp (EN), 2" Surface Mount 501 7030 243870A FitCore™ Extreme Globe Grasp (EN), Direct Bury 487 6605 244064B FitCore™ Extreme High Step (13+), 2" Surface Mount 377 6555 244064A FitCore™ Extreme High Step (13+), Direct Bury 359 5980 244201B FitCore™ Extreme High Step (5-12), 2" Surface Mount 377 6525 244201A FitCore™ Extreme High Step (5-12), Direct Bury 359 5955 244064B FitCore™ Extreme High Step (EN), 2" Surface Mount 377 6555 244064A FitCore™ Extreme High Step (EN), Direct Bury 359 5980 243190B FitCore™ Extreme Jump Hang (13+), 2" Surface Mount 642 10295 243190A FitCore™ Extreme Jump Hang (13+), Direct Bury 636 9685 244193B FitCore™ Extreme Jump Hang (5-12), 2" Surface Mount 507 8495 244193A FitCore™ Extreme Jump Hang (5-12), Direct Bury 491 7885 243190B FitCore™ Extreme Jump Hang (EN), 2" Surface Mount 642 10295 243190A FitCore™ Extreme Jump Hang (EN), Direct Bury 636 9685 243778B FitCore™ Extreme Ledge Hanger (13+), 2" Surface Mount 1372 20090 243778A FitCore™ Extreme Ledge Hanger (13+), Direct Bury 1550 19500 243778B FitCore™ Extreme Ledge Hanger (EN), 2" Surface Mount 1372 20090 243778A FitCore™ Extreme Ledge Hanger (EN), Direct Bury 1550 19500 243909B FitCore™ Extreme Over Under Bars (13+), One Pair, 2" Surface Mount 84 1390 243909A FitCore™ Extreme Over Under Bars (13+), One Pair, Direct Bury 73 980 243909B FitCore™ Extreme Over Under Bars (13+), Three Pair, 2" Surface Mount 199 3025 243909A FitCore™ Extreme Over Under Bars (13+), Three Pair, Direct Bury 171 1970 243909B FitCore™ Extreme Over Under Bars (13+), Two Pair, 2" Surface Mount 141 2195 243909A FitCore™ Extreme Over Under Bars (13+), Two Pair, Direct Bury 122 1475 244198B FitCore™ Extreme Over Under Bars (5-12), One Pair, 2" Surface Mount 77 1375 244198A FitCore™ Extreme Over Under Bars (5-12), One Pair, Direct Bury 66 965 244198B FitCore™ Extreme Over Under Bars (5-12), Three Pair, 2" Surface Mount 177 2975 244198A FitCore™ Extreme Over Under Bars (5-12), Three Pair, Direct Bury 150 1915 244198B FitCore™ Extreme Over Under Bars (5-12), Two Pair, 2" Surface Mount 127 2175 2026 Playground Equipment Price List Pricing effective on September 22, 2025 Model # Description UPS Weight(lbs) Price($) NOTE: All products identified above are a Direct Bury type of installation unless otherwise noted. For Surface Mounting, contact the LSI Design Department for price quote. Confidential: Internal Landscape Structures Use Only Because of our commitment to safety, innovation and value, we reserve the right to change pricing at any time. 58 244198A FitCore™ Extreme Over Under Bars (5-12), Two Pair, Direct Bury 108 1450 243909B FitCore™ Extreme Over Under Bars (EN), One Pair, 2" Surface Mount 84 1390 243909A FitCore™ Extreme Over Under Bars (EN), One Pair, Direct Bury 73 980 243909B FitCore™ Extreme Over Under Bars (EN), Three Pair, 2" Surface Mount 199 3025 243909A FitCore™ Extreme Over Under Bars (EN), Three Pair, Direct Bury 171 1970 243909B FitCore™ Extreme Over Under Bars (EN), Two Pair, 2" Surface Mount 141 2195 243909A FitCore™ Extreme Over Under Bars (EN), Two Pair, Direct Bury 122 1475 243862B FitCore™ Extreme Peg Bridge (13+), 2" Surface Mount 328 5135 243862A FitCore™ Extreme Peg Bridge (13+), Direct Bury 336 4905 244195B FitCore™ Extreme Peg Bridge (5-12), 2" Surface Mount 306 5120 244195A FitCore™ Extreme Peg Bridge (5-12), Direct Bury 311 4870 243862B FitCore™ Extreme Peg Bridge (EN), 2" Surface Mount 328 5135 243862A FitCore™ Extreme Peg Bridge (EN), Direct Bury 336 4905 244062B FitCore™ Extreme Quintuple Steps (13+), 2" Surface Mount 698 12715 244062A FitCore™ Extreme Quintuple Steps (13+), Direct Bury 738 11655 244062B FitCore™ Extreme Quintuple Steps (EN), 2" Surface Mount 698 12715 244062A FitCore™ Extreme Quintuple Steps (EN), Direct Bury 738 11655 243910B FitCore™ Extreme Rope Climb (13+), 2" Surface Mount 195 4405 243910A FitCore™ Extreme Rope Climb (13+), Direct Bury 215 4100 244199B FitCore™ Extreme Rope Climb (5-12), 2" Surface Mount 195 4235 244199A FitCore™ Extreme Rope Climb (5-12), Direct Bury 215 3920 243910B FitCore™ Extreme Rope Climb (EN), 2" Surface Mount 195 4405 243910A FitCore™ Extreme Rope Climb (EN), Direct Bury 215 4100 244061B FitCore™ Extreme Spiderwalk (13+), 2" Surface Mount 1562 20030 244061A FitCore™ Extreme Spiderwalk (13+), Direct Bury 1670 19150 244200B FitCore™ Extreme Spiderwalk (5-12), 2" Surface Mount 1562 19905 244200A FitCore™ Extreme Spiderwalk (5-12), Direct Bury 1669 19020 244061B FitCore™ Extreme Spiderwalk (EN), 2" Surface Mount 1562 20030 244061A FitCore™ Extreme Spiderwalk (EN), Direct Bury 1670 19150 244063B FitCore™ Extreme Unstable Bridge (13+), 2" Surface Mount 644 8310 244063A FitCore™ Extreme Unstable Bridge (13+), Direct Bury 628 7905 244063B FitCore™ Extreme Unstable Bridge (EN), 2" Surface Mount 644 8310 244063A FitCore™ Extreme Unstable Bridge (EN), Direct Bury 628 7905 243019B FitCore™ Extreme Vertical Cargo Net (13+), 2" Surface Mount 358 8615 243019A FitCore™ Extreme Vertical Cargo Net (13+), Direct Bury 363 8175 244192B FitCore™ Extreme Vertical Cargo Net (5-12), 2" Surface Mount 358 8535 244192A FitCore™ Extreme Vertical Cargo Net (5-12), Direct Bury 363 8080 243019B FitCore™ Extreme Vertical Cargo Net (EN), 2" Surface Mount 358 8615 243019A FitCore™ Extreme Vertical Cargo Net (EN), Direct Bury 363 8175 246315B FitCore™ Extreme Welcome Sign (13+), 2" Surface Mount 79 1285 246315A FitCore™ Extreme Welcome Sign (13+), Direct Bury 80 1195 246315B FitCore™ Extreme Welcome Sign (EN), 2" Surface Mount 79 1285 246315A FitCore™ Extreme Welcome Sign (EN), Direct Bury 80 1195 246587A FitCore™ Extreme Welcome Sign 5-12 Direct Bury 80 1195 246587B FitCore™ Extreme Welcome Sign 5-12 Surface Mount 79 1285 243899B FitCore™ Extreme Wheel Bridge (13+), 2" Surface Mount 412 5795 243899A FitCore™ Extreme Wheel Bridge (13+), Direct Bury 402 5555 243899B FitCore™ Extreme Wheel Bridge (EN), 2" Surface Mount 412 5795 243899A FitCore™ Extreme Wheel Bridge (EN), Direct Bury 402 5555 137961A Handhold/Leg Lift w/Aluminum Posts 35 880 137961B Handhold/Leg Lift w/Steel Posts 72 835 207607A HealthBeat Blank Sign Set UPS 4 130 281789A HealthBeat Circuit® for use with SkyWays® Shade 1 1680 69595 192451B HealthBeat® Ab Crunch/Leg Lift for EN Standard, 2" Surface Mount, Order Post Separately 2 45 2390 192451A HealthBeat® Ab Crunch/Leg Lift for EN Standard, Direct Bury, Order Post Separately 2 53 2325 192451B HealthBeat® Ab Crunch/Leg Lift, 2" Surface Mount, Order Post Separately 2 45 2390 192451A HealthBeat® Ab Crunch/Leg Lift, Direct Bury, Order Post Separately 2 53 2325 2026 Playground Equipment Price List Pricing effective on September 22, 2025 Model # Description UPS Weight(lbs) Price($) NOTE: All products identified above are a Direct Bury type of installation unless otherwise noted. For Surface Mounting, contact the LSI Design Department for price quote. Confidential: Internal Landscape Structures Use Only Because of our commitment to safety, innovation and value, we reserve the right to change pricing at any time. 59 192452B HealthBeat® Assisted Row/Push-Up for EN Standard, 2" Surface Mount, Order Post Separately 2 62 2285 192452A HealthBeat® Assisted Row/Push-Up for EN Standard, Direct Bury, Order Post Separately 2 55 2100 192452B HealthBeat® Assisted Row/Push-Up, 2" Surface Mount, Order Post Separately 2 62 2285 192452A HealthBeat® Assisted Row/Push-Up, Direct Bury, Order Post Separately 2 55 2100 192454B HealthBeat® Balance Steps for EN Standard, 2" Surface Mount, Order Post Separately 2 116 3245 192454A HealthBeat® Balance Steps for EN Standard, Direct Bury, Order Post Separately 2 98 3070 192454B HealthBeat® Balance Steps, 2" Surface Mount, Order Post Separately 2 116 3245 192454A HealthBeat® Balance Steps, Direct Bury, Order Post Separately 2 98 3070 192455B HealthBeat® Cardio Stepper for EN Standard, 2" Surface Mount, Order Post Separately 2 218 9530 192455A HealthBeat® Cardio Stepper for EN Standard, Direct Bury, Order Post Separately 2 280 9480 192455B HealthBeat® Cardio Stepper, 2" Surface Mount, Order Post Separately 2 218 9530 192455A HealthBeat® Cardio Stepper, Direct Bury, Order Post Separately 2 280 9480 192456B HealthBeat® Chest/Back Press for EN Standard, 2" Surface Mount, Order Post Separately 2 196 7405 192456A HealthBeat® Chest/Back Press for EN Standard, Direct Bury, Order Post Separately 2 258 7350 192456B HealthBeat® Chest/Back Press, 2" Surface Mount, Order Post Separately 2 196 7405 192456A HealthBeat® Chest/Back Press, Direct Bury, Order Post Separately 2 258 7350 192457B HealthBeat® Elliptical for EN Standard, 2" Surface Mount, Order Post Separately 2 305 10895 192457A HealthBeat® Elliptical for EN Standard, Direct Bury, Order Post Separately 2 366 10840 192457B HealthBeat® Elliptical, 2" Surface Mount, Order Post Separately 2 305 10895 192457A HealthBeat® Elliptical, Direct Bury, Order Post Separately 2 366 10840 206894A HealthBeat® Epoxy 2 115 205938A HealthBeat® Hand Cycler for EN Standard, Order Post Separately 2 38 3465 205938A HealthBeat® Hand Cycler, Order Post Separately 2 38 3465 192458B HealthBeat® Mobility for EN Standard, 2" Surface Mount, Order Post Separately 2 289 4190 192458A HealthBeat® Mobility for EN Standard, Direct Bury, Order Post Separately 2 310 3985 192458B HealthBeat® Mobility, 2" Surface Mount, Order Post Separately 2 289 4190 192458A HealthBeat® Mobility, Direct Bury, Order Post Separately 2 310 3985 192453B HealthBeat® Parallel Bars for EN Standard, 2" Surface Mount, Order Post Separately 2 139 2435 192453A HealthBeat® Parallel Bars for EN Standard, Direct Bury, Order Post Separately 2 159 2115 192453B HealthBeat® Parallel Bars, 2" Surface Mount, Order Post Separately 2 139 2435 192453A HealthBeat® Parallel Bars, Direct Bury, Order Post Separately 2 159 2115 192459B HealthBeat® Plyometrics for EN Standard, 2" Surface Mount, Order Post Separately 2 126 3285 192459A HealthBeat® Plyometrics for EN Standard, Direct Bury, Order Post Separately 2 154 3070 192459B HealthBeat® Plyometrics, 2" Surface Mount, Order Post Separately 2 126 3285 192459A HealthBeat® Plyometrics, Direct Bury, Order Post Separately 2 154 3070 192460B HealthBeat® Pull-Up/Dip for EN Standard, 2" Surface Mount, Order Post Separately 2 66 2460 192460A HealthBeat® Pull-Up/Dip for EN Standard, Direct Bury, Order Post Separately 2 64 2430 192460B HealthBeat® Pull-Up/Dip, 2" Surface Mount, Order Post Separately 2 66 2460 192460A HealthBeat® Pull-Up/Dip, Direct Bury, Order Post Separately 2 64 2430 192461B HealthBeat® Squat Press for EN Standard, 2" Surface Mount, Order Post Separately 2 160 7405 2026 Playground Equipment Price List Pricing effective on September 22, 2025 Model # Description UPS Weight(lbs) Price($) NOTE: All products identified above are a Direct Bury type of installation unless otherwise noted. For Surface Mounting, contact the LSI Design Department for price quote. Confidential: Internal Landscape Structures Use Only Because of our commitment to safety, innovation and value, we reserve the right to change pricing at any time. 60 192461A HealthBeat® Squat Press for EN Standard, Direct Bury, Order Post Separately 2 162 7350 192461B HealthBeat® Squat Press, 2" Surface Mount, Order Post Separately 2 160 7405 192461A HealthBeat® Squat Press, Direct Bury, Order Post Separately 2 162 7350 192462B HealthBeat® Stretch for EN Standard, 2" Surface Mount, Order Post Separately 2 75 3985 192462A HealthBeat® Stretch for EN Standard, Direct Bury, Order Post Separately 2 74 3885 192462B HealthBeat® Stretch, 2" Surface Mount, Order Post Separately 2 107 3985 192462A HealthBeat® Stretch, Direct Bury, Order Post Separately 2 115 3885 192463A HealthBeat® Tai Chi Wheels for EN Standard, Order Post Separately 2 UPS 42 2890 192463A HealthBeat® Tai Chi Wheels, Order Post Separately 2 UPS 42 2890 192464B HealthBeat® Welcome Sign for EN Standard, 2" Surface Mount 3 76 1375 192464A HealthBeat® Welcome Sign for EN Standard, Direct Bury 3 77 1195 192464B HealthBeat® Welcome Sign, 2" Surface Mount 3 76 1375 192464A HealthBeat® Welcome Sign, Direct Bury 3 77 1195 137962A Horizontal Ladder Station w/Aluminum Posts 223 3505 137962B Horizontal Ladder Station w/Steel Posts 397 3295 100057A Jump Touch (DB Only) 55 1015 173596A Log Balance Beam, 2" Surface Mount 435 5370 173596A Log Balance Beam, Direct Bury 455 4970 137960A Parallel Bar w/Aluminum Posts 114 2440 137960B Parallel Bar w/Steel Posts 232 2290 205943A Post w/1 Top and 1 Top Attachments Direct Bury 69 1195 205943B Post w/1 Top and 1 Top Attachments Surface Mount 62 1375 205942A Post w/1 Top Attachment Direct Bury 72 1195 205942B Post w/1 Top Attachment Surface Mount 64 1375 205944A Post w/2 and 0 Attachments Direct Bury 73 1195 205944B Post w/2 and 0 Attachments Surface Mount 65 1375 205945A Post w/2 and 1 Top Attachments Direct Bury 70 1195 205945B Post w/2 and 1 Top Attachments Surface Mount 63 1375 205946A Post w/2 and 2 Attachments Direct Bury 71 1195 205946B Post w/2 and 2 Attachments Surface Mount 64 1375 205947A Post w/3 Attachments Direct Bury 70 1195 205947B Post w/3 Attachments Surface Mount 63 1375 205941A Post w/No Attachment Direct Bury 70 1195 205941B Post w/No Attachment Surface Mount 63 1375 160213A Power Lifter™ Double Bay, Power Lifter™ - Accessible Power Lifter™, Direct Bury 292 5835 160213A Power Lifter™ Double Bay, Power Lifter™ - Twirlwind™, Direct Bury 292 5835 160219A Power Lifter™ Quadruple Bay, Power Lifter™ - Accessible Power Lifter™ - Power Lifter™ - Accessible Power Lifter™, Direct Bury 510 11095 160219A Power Lifter™ Quadruple Bay, Power Lifter™ - TwirlWind™ - Power Lifter™ - Accessible Power Lifter™, Direct Bury 510 11095 160219A Power Lifter™ Quadruple Bay, Power Lifter™ - TwirlWind™ - Power Lifter™ - TwirlWind™, Direct Bury 510 11095 160212A Power Lifter™ Single Bay, Power Lifter™, Direct Bury 183 3190 160212A Power Lifter™ Single Bay, Twirlwind™, Direct Bury 183 3190 160216A Power Lifter™ Triple Bay, Power Lifter™ - Accessible Power Lifter™ - Power Lifter™, Direct Bury 401 8460 160216A Power Lifter™ Triple Bay, Power Lifter™ - Twirlwind™ - Power Lifter™, Direct Bury 401 8460 160216A Power Lifter™ Triple Bay, Twirlwind™ - Power Lifter™ - Accessible Power Lifter™, Direct Bury 401 8460 160212A Power Lifter™, Accessible Power Lifter™, Direct Bury 183 3190 100058A Sit-Up/Push-Up Bench (DB Only) 101 1535 281790A Skyways® Shade for use with HealthBeat Circuit® 4,1 2300 30045 137959A Spring-Up w/Aluminum Posts 89 1535 137959B Spring-Up w/Steel Posts 182 1380 137965A Step-Up 64 1850 1 NOTE: 4-week lead time required. 2 NOTE: Pricing does not include HealthBeat Post. A quote through Presale/PlayCAD is needed to determine posts per station. 2026 Playground Equipment Price List Pricing effective on September 22, 2025 Model # Description UPS Weight(lbs) Price($) NOTE: All products identified above are a Direct Bury type of installation unless otherwise noted. For Surface Mounting, contact the LSI Design Department for price quote. Confidential: Internal Landscape Structures Use Only Because of our commitment to safety, innovation and value, we reserve the right to change pricing at any time. 61 3 NOTE: Free Welcome Sign with purchase of nine or more HealthBeat stations must be requested by the Rep. 4 NOTE: Product ships from Dallas Skyways facility, a custom freight quote is required. Please request a freight quote from transportation_quotes@playlsi.com Freestanding Play Site Furnishings 186579A Acorn Seat Direct Bury 126 710 186579B Acorn Seat Surface Mount 125 810 185654A Arches Bike Rack - Single Direct Bury 23 235 185654B Arches Bike Rack - Single Surface Mount 22 335 185653A Arches Bike Rack - Triple Direct Bury 71 645 185653B Arches Bike Rack - Triple Surface Mount 66 985 114767A Arm Rest for Recycled Contour Series Bench w/Back UPS 7 165 114767A Arm Rest for TenderTuff™ Bench w/Back UPS 7 165 114767A Arm Rest for Wood-Grain Bench w/Back UPS 7 165 235526B Facet® Bench, Double, C-Shaped, Direct Bury 1 1263 4980 235526B Facet® Bench, Double, C-Shaped, Surface Mount 1 1192 4860 235526C Facet® Bench, Double, S-Shaped, Direct Bury 1 1263 4980 235526C Facet® Bench, Double, S-Shaped, Surface Mount 1 1192 4860 235526A Facet® Bench, Single, Direct Bury 1 816 2930 235526A Facet® Bench, Single, Surface Mount 1 768 2875 186588A Kaleidoscope Bench, w/Back, w/Handles, Direct Bury 175 1865 186588A Kaleidoscope Bench, w/Back, w/Handles, Surface Mount 161 1575 186588B Kaleidoscope Bench, w/Back, w/o Handles, Direct Bury 174 1790 186588B Kaleidoscope Bench, w/Back, w/o Handles, Surface Mount 159 1485 186588C Kaleidoscope Bench, w/o Back, w/Handles, Direct Bury 134 1270 186588C Kaleidoscope Bench, w/o Back, w/Handles, Surface Mount 120 980 186588D Kaleidoscope Bench, w/o Back, w/o Handles, Direct Bury 132 1195 186588D Kaleidoscope Bench, w/o Back, w/o Handles, Surface Mount 118 925 186589A Kaleidoscope Litter Receptacle Direct Bury 126 1815 186589B Kaleidoscope Litter Receptacle Surface Mount 122 1895 186590A Kaleidoscope Recycling Receptacle Direct Bury 126 1815 186590B Kaleidoscope Recycling Receptacle Surface Mount 122 1895 185671A Leaf Bike Rack Direct Bury 66 935 185671B Leaf Bike Rack Surface Mount 56 720 141686A Litter Receptacle (TenderTuff™) Cover UPS 16 165 141685A Litter Receptacle (TenderTuff™) Direct Bury 87 850 141682A Litter Receptacle (TenderTuff™) Liner 7 78 141685B Litter Receptacle (TenderTuff™) Surface Mount 87 900 173595A Log Bench, 2" Surface Mount 780 3400 173595A Log Bench, Direct Bury 810 3140 100102C Loop Rack ProShield™, 2" SM 65 690 100102A Loop Rack ProShield™, DB 73 440 100102D Loop Rack TenderTuff™, 2" SM 76 980 100102B Loop Rack TenderTuff™, DB 83 730 276577B Play Healthy® Hand Sanitizer Station w/Custom Sign (Requires CP), Direct Bury UPS 47 590 276577B Play Healthy® Hand Sanitizer Station w/Custom Sign (Requires CP), Surface Mount UPS 42 600 276577A Play Healthy® Hand Sanitizer Station w/Standard Sign, Direct Bury UPS 47 590 276577A Play Healthy® Hand Sanitizer Station w/Standard Sign, Surface Mount UPS 42 600 277223A Play Healthy® Hand Sanitizer Station, Metallic Silver, Direct Bury UPS 47 590 277223A Play Healthy® Hand Sanitizer Station, Metallic Silver, Surface Mount UPS 42 600 113139H Poly Picnic Table 60" Table, (1) 60" Seat, (2) 14" Seats, Direct Bury 305 2290 113139B Poly Picnic Table 60" Table, (1) 60" Seat, (2) 14" Seats, Moveable 260 2170 113139G Poly Picnic Table 60" Table, (2) 60" Seats, Direct Bury 331 2430 113139A Poly Picnic Table 60" Table, (2) 60" Seats, Moveable 286 2290 113139I Poly Picnic Table 60" Table, (4) 14" Seats, Direct Bury 280 2135 113139C Poly Picnic Table 60" Table, (4) 14" Seats, Moveable 235 2030 113139K Poly Picnic Table 84" Table, (1) 60" Seat, (2) 14" Seats, Direct Bury 377 2975 113139E Poly Picnic Table 84" Table, (1) 60" Seat, (2) 14" Seats, Moveable 332 2900 113139J Poly Picnic Table 84" Table, (2) 60" Seats, Direct Bury 404 3140 113139D Poly Picnic Table 84" Table, (2) 60" Seats, Moveable 359 2975 113139L Poly Picnic Table 84" Table, (4) 14" Seats, Direct Bury 352 2835 113139F Poly Picnic Table 84" Table, (4) 14" Seats, Moveable 307 2695 2026 Playground Equipment Price List Pricing effective on September 22, 2025 Model # Description UPS Weight(lbs) Price($) NOTE: All products identified above are a Direct Bury type of installation unless otherwise noted. For Surface Mounting, contact the LSI Design Department for price quote. Confidential: Internal Landscape Structures Use Only Because of our commitment to safety, innovation and value, we reserve the right to change pricing at any time. 62 111640J Recycled Contour Series Bench 60" w/Back, w/1 Armrest, 2" SM 173 1795 111640I Recycled Contour Series Bench 60" w/Back, w/1 Armrest, DB 170 1550 111640L Recycled Contour Series Bench 60" w/Back, w/2 Armrests, 2" SM 180 1970 111640K Recycled Contour Series Bench 60" w/Back, w/2 Armrests, DB 177 1725 111640N Recycled Contour Series Bench 60" w/Back, w/3 Armrests, 2" SM 187 2135 111640M Recycled Contour Series Bench 60" w/Back, w/3 Armrests, DB 184 1895 111640A Recycled Contour Series Bench 60" w/Back, w/o Armrests, 2" SM 166 1605 111640C Recycled Contour Series Bench 60" w/Back, w/o Armrests, DB 163 1380 111640B Recycled Contour Series Bench 60" w/o Back, w/o Armrests, 2" SM 71 730 111640D Recycled Contour Series Bench 60" w/o Back, w/o Armrests, DB 79 720 111640P Recycled Contour Series Bench 96" w/Back, w/1 Armrest, 2" SM 266 2610 111640O Recycled Contour Series Bench 96" w/Back, w/1 Armrest, DB 262 2245 111640R Recycled Contour Series Bench 96" w/Back, w/2 Armrests, 2" SM 273 2770 111640Q Recycled Contour Series Bench 96" w/Back, w/2 Armrests, DB 269 2420 111640T Recycled Contour Series Bench 96" w/Back, w/3 Armrests, 2" SM 280 2950 111640S Recycled Contour Series Bench 96" w/Back, w/3 Armrests, DB 276 2585 111640E Recycled Contour Series Bench 96" w/Back, w/o Armrests, 2" SM 259 2430 111640G Recycled Contour Series Bench 96" w/Back, w/o Armrests, DB 255 2070 111640F Recycled Contour Series Bench 96" w/o Back, w/o Armrests, 2" SM 110 1020 111640H Recycled Contour Series Bench 96" w/o Back, w/o Armrests, DB 122 1000 154345C Square Picnic Table w/2 Seats, TenderTuff™, Moveable 211 1700 154345B Square Picnic Table w/3 Seats, TenderTuff™, Moveable 242 1880 154345A Square Picnic Table w/4 Seats, TenderTuff™, Moveable 273 2080 141683J TenderTuff™ Bench 72" w/Back, w/1 Armrest, 2" SM 126 1055 141683I TenderTuff™ Bench 72" w/Back, w/1 Armrest, DB 128 1015 141683L TenderTuff™ Bench 72" w/Back, w/2 Armrests, 2" SM 133 1215 141683K TenderTuff™ Bench 72" w/Back, w/2 Armrests, DB 135 1190 141683N TenderTuff™ Bench 72" w/Back, w/3 Armrests, 2" SM 140 1390 141683M TenderTuff™ Bench 72" w/Back, w/3 Armrests, DB 142 1375 141683B TenderTuff™ Bench 72" w/Back, w/o Armrests, 2" SM 119 875 141683A TenderTuff™ Bench 72" w/Back, w/o Armrests, DB 121 865 141683D TenderTuff™ Bench 72" w/o Back, w/o Armrests, 2" SM 69 560 141683C TenderTuff™ Bench 72" w/o Back, w/o Armrests, DB 75 520 141683P TenderTuff™ Bench 92" w/Back, w/1 Armrest, 2" SM 143 1095 141683O TenderTuff™ Bench 92" w/Back, w/1 Armrest, DB 145 1055 141683R TenderTuff™ Bench 92" w/Back, w/2 Armrests, 2" SM 150 1255 141683Q TenderTuff™ Bench 92" w/Back, w/2 Armrests, DB 152 1215 141683T TenderTuff™ Bench 92" w/Back, w/3 Armrests, 2" SM 157 1445 141683S TenderTuff™ Bench 92" w/Back, w/3 Armrests, DB 159 1390 141683F TenderTuff™ Bench 92" w/Back, w/o Armrests, 2" SM 136 925 141683E TenderTuff™ Bench 92" w/Back, w/o Armrests, DB 138 875 141683H TenderTuff™ Bench 92" w/o Back, w/o Armrests, 2" SM 78 590 141683G TenderTuff™ Bench 92" w/o Back, w/o Armrests, DB 84 560 141684B TenderTuff™ Picnic Table 72" Table, (2) 72" Seats, Direct Bury 280 1875 141684A TenderTuff™ Picnic Table 72" Table, (2) 72" Seats, Movable 246 1745 141684F TenderTuff™ Picnic Table 92" Table, (2) 72" Seats, Direct Bury 302 1955 141684E TenderTuff™ Picnic Table 92" Table, (2) 72" Seats, Movable 268 1825 141684D TenderTuff™ Picnic Table 92" Table, (2) 92" Seats, Direct Bury 321 2050 141684C TenderTuff™ Picnic Table 92" Table, (2) 92" Seats, Movable 288 1880 175949A Toddler Picnic Table UPS 75 640 186583A Wood-Grain Bench, 70" long, w/Back, 1 Armrest, Cedar, Direct Bury 165 1335 186583A Wood-Grain Bench, 70" long, w/Back, 1 Armrest, Cedar, Surface Mount 163 1440 186583C Wood-Grain Bench, 70" long, w/Back, 1 Armrest, Cedar/Mink, Direct Bury 165 1335 186583C Wood-Grain Bench, 70" long, w/Back, 1 Armrest, Cedar/Mink, Surface Mount 163 1440 186583A Wood-Grain Bench, 70" long, w/Back, 2 Armrests, Cedar, Direct Bury 171 1495 186583A Wood-Grain Bench, 70" long, w/Back, 2 Armrests, Cedar, Surface Mount 168 1600 186583C Wood-Grain Bench, 70" long, w/Back, 2 Armrests, Cedar/Mink, Direct Bury 171 1495 186583C Wood-Grain Bench, 70" long, w/Back, 2 Armrests, Cedar/Mink, Surface Mount 168 1600 186583A Wood-Grain Bench, 70" long, w/Back, 3 Armrests, Cedar, Direct Bury 176 1665 2026 Playground Equipment Price List Pricing effective on September 22, 2025 Model # Description UPS Weight(lbs) Price($) NOTE: All products identified above are a Direct Bury type of installation unless otherwise noted. For Surface Mounting, contact the LSI Design Department for price quote. Confidential: Internal Landscape Structures Use Only Because of our commitment to safety, innovation and value, we reserve the right to change pricing at any time. 63 186583A Wood-Grain Bench, 70" long, w/Back, 3 Armrests, Cedar, Surface Mount 174 1765 186583C Wood-Grain Bench, 70" long, w/Back, 3 Armrests, Cedar/Mink, Direct Bury 176 1665 186583C Wood-Grain Bench, 70" long, w/Back, 3 Armrests, Cedar/Mink, Surface Mount 174 1765 186583A Wood-Grain Bench, 70" long, w/Back, w/o Armrests, Cedar, Direct Bury 159 1170 186583A Wood-Grain Bench, 70" long, w/Back, w/o Armrests, Cedar, Surface Mount 157 1270 186583C Wood-Grain Bench, 70" long, w/Back, w/o Armrests, Cedar/Mink, Direct Bury 159 1170 186583C Wood-Grain Bench, 70" long, w/Back, w/o Armrests, Cedar/Mink, Surface Mount 157 1270 186583B Wood-Grain Bench, 70" long, w/o Back, Cedar, Direct Bury 108 805 186583B Wood-Grain Bench, 70" long, w/o Back, Cedar, Surface Mount 98 900 186583D Wood-Grain Bench, 70" long, w/o Back, Cedar/Mink, Direct Bury 108 805 186583D Wood-Grain Bench, 70" long, w/o Back, Cedar/Mink, Surface Mount 98 900 186583E Wood-Grain Bench, 94" long, w/Back, 1 Armrest, Cedar, Direct Bury 190 1455 186583E Wood-Grain Bench, 94" long, w/Back, 1 Armrest, Cedar, Surface Mount 188 1545 186583G Wood-Grain Bench, 94" long, w/Back, 1 Armrest, Cedar/Mink, Direct Bury 190 1455 186583G Wood-Grain Bench, 94" long, w/Back, 1 Armrest, Cedar/Mink, Surface Mount 188 1545 186583E Wood-Grain Bench, 94" long, w/Back, 2 Armrests, Cedar, Direct Bury 196 1615 186583E Wood-Grain Bench, 94" long, w/Back, 2 Armrests, Cedar, Surface Mount 193 1705 186583G Wood-Grain Bench, 94" long, w/Back, 2 Armrests, Cedar/Mink, Direct Bury 196 1615 186583G Wood-Grain Bench, 94" long, w/Back, 2 Armrests, Cedar/Mink, Surface Mount 193 1705 186583E Wood-Grain Bench, 94" long, w/Back, 3 Armrests, Cedar, Direct Bury 201 1785 186583E Wood-Grain Bench, 94" long, w/Back, 3 Armrests, Cedar, Surface Mount 199 1870 186583G Wood-Grain Bench, 94" long, w/Back, 3 Armrests, Cedar/Mink, Direct Bury 201 1785 186583G Wood-Grain Bench, 94" long, w/Back, 3 Armrests, Cedar/Mink, Surface Mount 199 1870 186583E Wood-Grain Bench, 94" long, w/Back, w/o Armrests, Cedar, Direct Bury 185 1290 186583E Wood-Grain Bench, 94" long, w/Back, w/o Armrests, Cedar, Surface Mount 182 1375 186583G Wood-Grain Bench, 94" long, w/Back, w/o Armrests, Cedar/Mink, Direct Bury 185 1290 186583G Wood-Grain Bench, 94" long, w/Back, w/o Armrests, Cedar/Mink, Surface Mount 182 1375 186583F Wood-Grain Bench, 94" long, w/o Back, Cedar, Direct Bury 124 900 186583F Wood-Grain Bench, 94" long, w/o Back, Cedar, Surface Mount 115 980 186583H Wood-Grain Bench, 94" long, w/o Back, Cedar/Mink, Direct Bury 124 900 186583H Wood-Grain Bench, 94" long, w/o Back, Cedar/Mink, Surface Mount 115 980 186584A Wood-Grain Litter Receptacle Direct Bury 216 2790 186584B Wood-Grain Litter Receptacle Surface Mount 208 2860 186585A Wood-Grain Recycling Receptacle Direct Bury 216 2790 186585B Wood-Grain Recycling Receptacle Surface Mount 208 2860 1 NOTE: 4-week lead time required. Freestanding Play Shade 155071A Cool Mister Single Post (DB Only) 102 7790 136759A CoolToppers® Full Sail (DB Only) 1049 17995 159881B CoolToppers® Pyramid (18'x18') 10' Entrance Height (60" Bury) 722 9665 159881C CoolToppers® Pyramid (18'x18') 12' Entrance Height (60" Bury) 777 9825 159881A CoolToppers® Pyramid (18'x18') 8' Entrance Height (60" Bury) 670 9440 2026 Playground Equipment Price List Pricing effective on September 22, 2025 Model # Description UPS Weight(lbs) Price($) NOTE: All products identified above are a Direct Bury type of installation unless otherwise noted. For Surface Mounting, contact the LSI Design Department for price quote. Confidential: Internal Landscape Structures Use Only Because of our commitment to safety, innovation and value, we reserve the right to change pricing at any time. 64 159882B CoolToppers® Pyramid (24'x24') 10' Entrance Height (60" Bury) 830 12055 159882C CoolToppers® Pyramid (24'x24') 12' Entrance Height (60" Bury) 886 12625 159882A CoolToppers® Pyramid (24'x24') 8' Entrance Height (60" Bury) 779 11855 159883B CoolToppers® Pyramid (28'x28') 10' Entrance Height (60" Bury) 901 15400 159883C CoolToppers® Pyramid (28'x28') 12' Entrance Height (60" Bury) 1172 15715 159883A CoolToppers® Pyramid (28'x28') 8' Entrance Height (60" Bury) 846 14815 154397A CoolToppers® Single Post Pyramid (12'x12' DB Only) 266 5540 155072A CoolToppers® Single Post w/Cool Mister (DB Only) 284 12185 216042B SkyWays® Cantilever 20'x36' Shade 10' Entrance Height 1 3836 20720 216042F SkyWays® Cantilever 20'x36' Shade 10' Entrance Height w/Rapid Release® 1 3876 21770 216042C SkyWays® Cantilever 20'x36' Shade 12' Entrance Height 1 3986 21630 216042G SkyWays® Cantilever 20'x36' Shade 12' Entrance Height w/Rapid Release® 1 4026 22680 216042D SkyWays® Cantilever 20'x36' Shade 14' Entrance Height 1 4136 22555 216042H SkyWays® Cantilever 20'x36' Shade 14' Entrance Height w/Rapid Release® 1 4176 23605 216042A SkyWays® Cantilever 20'x36' Shade 8' Entrance Height 1 3686 19815 216042E SkyWays® Cantilever 20'x36' Shade 8' Entrance Height w/Rapid Release® 1 3726 20865 216044B SkyWays® Cantilever 20'x72' Shade 10' Entrance Height 1 6243 40040 216044F SkyWays® Cantilever 20'x72' Shade 10' Entrance Height w/Rapid Release® 1 6283 44140 216044C SkyWays® Cantilever 20'x72' Shade 12' Entrance Height 1 6468 42855 216044G SkyWays® Cantilever 20'x72' Shade 12' Entrance Height w/Rapid Release® 1 6508 44975 216044D SkyWays® Cantilever 20'x72' Shade 14' Entrance Height 1 6693 44340 216044H SkyWays® Cantilever 20'x72' Shade 14' Entrance Height w/Rapid Release® 1 6733 46585 216044A SkyWays® Cantilever 20'x72' Shade 8' Entrance Height 1 6018 39775 216044E SkyWays® Cantilever 20'x72' Shade 8' Entrance Height w/Rapid Release® 1 6058 40260 216043B SkyWays® Cantilever Back-to-Back 40'x36' Shade 10' Entrance Height 1 6272 34705 216043F SkyWays® Cantilever Back-to-Back 40'x36' Shade 10' Entrance Height w/Rapid Release® 1 6312 36805 216043C SkyWays® Cantilever Back-to-Back 40'x36' Shade 12' Entrance Height 1 6422 35610 216043G SkyWays® Cantilever Back-to-Back 40'x36' Shade 12' Entrance Height w/Rapid Release® 1 6462 37710 216043D SkyWays® Cantilever Back-to-Back 40'x36' Shade 14' Entrance Height 1 6572 36525 216043H SkyWays® Cantilever Back-to-Back 40'x36' Shade 14' Entrance Height w/Rapid Release® 1 6612 38625 216043A SkyWays® Cantilever Back-to-Back 40'x36' Shade 8' Entrance Height 1 6122 33780 216043E SkyWays® Cantilever Back-to-Back 40'x36' Shade 8' Entrance Height w/Rapid Release® 1 6162 35880 216045B SkyWays® Cantilever Back-to-Back 40'x72' Shade 10' Entrance Height 1 10386 57235 216045F SkyWays® Cantilever Back-to-Back 40'x72' Shade 10' Entrance Height w/Rapid Release® 1 10426 61435 216045C SkyWays® Cantilever Back-to-Back 40'x72' Shade 12' Entrance Height 1 10611 58615 216045G SkyWays® Cantilever Back-to-Back 40'x72' Shade 12' Entrance Height w/Rapid Release® 1 10651 62815 216045D SkyWays® Cantilever Back-to-Back 40'x72' Shade 14' Entrance Height 1 10837 59995 216045H SkyWays® Cantilever Back-to-Back 40'x72' Shade 14' Entrance Height w/Rapid Release® 1 10877 64195 216045A SkyWays® Cantilever Back-to-Back 40'x72' Shade 8' Entrance Height 1 10161 55855 216045E SkyWays® Cantilever Back-to-Back 40'x72' Shade 8' Entrance Height w/Rapid Release® 1 10201 60055 2026 Playground Equipment Price List Pricing effective on September 22, 2025 Model # Description UPS Weight(lbs) Price($) NOTE: All products identified above are a Direct Bury type of installation unless otherwise noted. For Surface Mounting, contact the LSI Design Department for price quote. Confidential: Internal Landscape Structures Use Only Because of our commitment to safety, innovation and value, we reserve the right to change pricing at any time. 65 237672B SkyWays® Cantilever Single Post Pyramid (10'x10') Shade 10' Entrance Height 1 305 5595 237672C SkyWays® Cantilever Single Post Pyramid (10'x10') Shade 12' Entrance Height 1 315 5620 237672D SkyWays® Cantilever Single Post Pyramid (10'x10') Shade 14' Entrance Height 1 325 6085 237672A SkyWays® Cantilever Single Post Pyramid (10'x10') Shade 8' Entrance Height 1 295 5370 237673B SkyWays® Cantilever Single Post Pyramid (12'x12') Shade 10' Entrance Height 1 345 6030 237673F SkyWays® Cantilever Single Post Pyramid (12'x12') Shade 10' Entrance Height w/Rapid Release® 1 420 8175 237673C SkyWays® Cantilever Single Post Pyramid (12'x12') Shade 12' Entrance Height 1 355 6060 237673G SkyWays® Cantilever Single Post Pyramid (12'x12') Shade 12' Entrance Height w/Rapid Release® 1 430 8400 237673D SkyWays® Cantilever Single Post Pyramid (12'x12') Shade 14' Entrance Height 1 365 6515 237673H SkyWays® Cantilever Single Post Pyramid (12'x12') Shade 14' Entrance Height w/Rapid Release® 1 440 8570 237673A SkyWays® Cantilever Single Post Pyramid (12'x12') Shade 8' Entrance Height 1 335 5840 237673E SkyWays® Cantilever Single Post Pyramid (12'x12') Shade 8' Entrance Height w/Rapid Release® 1 410 7710 237674B SkyWays® Cantilever Single Post Pyramid (14'x14') Shade 10' Entrance Height 1 781 9490 237674F SkyWays® Cantilever Single Post Pyramid (14'x14') Shade 10' Entrance Height w/Rapid Release® 1 856 11050 237674C SkyWays® Cantilever Single Post Pyramid (14'x14') Shade 12' Entrance Height 1 803 9705 237674G SkyWays® Cantilever Single Post Pyramid (14'x14') Shade 12' Entrance Height w/Rapid Release® 1 878 11395 237674D SkyWays® Cantilever Single Post Pyramid (14'x14') Shade 14' Entrance Height 1 825 10045 237674H SkyWays® Cantilever Single Post Pyramid (14'x14') Shade 14' Entrance Height w/Rapid Release® 1 900 11750 237674A SkyWays® Cantilever Single Post Pyramid (14'x14') Shade 8' Entrance Height 1 759 9120 237674E SkyWays® Cantilever Single Post Pyramid (14'x14') Shade 8' Entrance Height w/Rapid Release® 1 834 10385 237675B SkyWays® Cantilever Single Post Pyramid (16'x16') Shade 10' Entrance Height 1 871 11420 237675F SkyWays® Cantilever Single Post Pyramid (16'x16') Shade 10' Entrance Height w/Rapid Release® 1 946 12685 237675C SkyWays® Cantilever Single Post Pyramid (16'x16') Shade 12' Entrance Height 1 893 11450 237675G SkyWays® Cantilever Single Post Pyramid (16'x16') Shade 12' Entrance Height w/Rapid Release® 1 968 12745 237675D SkyWays® Cantilever Single Post Pyramid (16'x16') Shade 14' Entrance Height 1 915 12420 237675H SkyWays® Cantilever Single Post Pyramid (16'x16') Shade 14' Entrance Height w/Rapid Release® 1 990 13540 237675A SkyWays® Cantilever Single Post Pyramid (16'x16') Shade 8' Entrance Height 1 849 10780 237675E SkyWays® Cantilever Single Post Pyramid (16'x16') Shade 8' Entrance Height w/Rapid Release® 1 924 12365 216038B SkyWays® Hexagon, Double Layer (35') Shade 10' Entrance Height 1 3093 26950 216038C SkyWays® Hexagon, Double Layer (35') Shade 12' Entrance Height 1 3309 28280 216038D SkyWays® Hexagon, Double Layer (35') Shade 14' Entrance Height 1 3524 30550 216038A SkyWays® Hexagon, Double Layer (35') Shade 8' Entrance Height 1 2878 23835 216039B SkyWays® Hexagon, Double Layer (40') Shade 10' Entrance Height 1 3248 27225 216039C SkyWays® Hexagon, Double Layer (40') Shade 12' Entrance Height 1 3464 29550 216039D SkyWays® Hexagon, Double Layer (40') Shade 14' Entrance Height 1 3679 31350 216039A SkyWays® Hexagon, Double Layer (40') Shade 8' Entrance Height 1 3033 27075 216040B SkyWays® Hexagon, Double Layer (45') Shade 10' Entrance Height 1 10439 38705 2026 Playground Equipment Price List Pricing effective on September 22, 2025 Model # Description UPS Weight(lbs) Price($) NOTE: All products identified above are a Direct Bury type of installation unless otherwise noted. For Surface Mounting, contact the LSI Design Department for price quote. Confidential: Internal Landscape Structures Use Only Because of our commitment to safety, innovation and value, we reserve the right to change pricing at any time. 66 216040C SkyWays® Hexagon, Double Layer (45') Shade 12' Entrance Height 1 10889 40090 216040D SkyWays® Hexagon, Double Layer (45') Shade 14' Entrance Height 1 11340 41475 216040A SkyWays® Hexagon, Double Layer (45') Shade 8' Entrance Height 1 9989 37315 216041B SkyWays® Hexagon, Double Layer (50') Shade 10' Entrance Height 1 10900 51305 216041C SkyWays® Hexagon, Double Layer (50') Shade 12' Entrance Height 1 11351 52690 216041D SkyWays® Hexagon, Double Layer (50') Shade 14' Entrance Height 1 11801 54075 216041A SkyWays® Hexagon, Double Layer (50') Shade 8' Entrance Height 1 10450 49915 216034B SkyWays® Hexagon, Single Layer (35') Shade 10' Entrance Height 1 2730 22305 216034F SkyWays® Hexagon, Single Layer (35') Shade 10' Entrance Height w/Rapid Release® 1 2770 26640 216034C SkyWays® Hexagon, Single Layer (35') Shade 12' Entrance Height 1 2945 24270 216034G SkyWays® Hexagon, Single Layer (35') Shade 12' Entrance Height w/Rapid Release® 1 2985 28915 216034D SkyWays® Hexagon, Single Layer (35') Shade 14' Entrance Height 1 3161 25610 216034H SkyWays® Hexagon, Single Layer (35') Shade 14' Entrance Height w/Rapid Release® 1 3201 29425 216034A SkyWays® Hexagon, Single Layer (35') Shade 8' Entrance Height 1 2514 20645 216034E SkyWays® Hexagon, Single Layer (35') Shade 8' Entrance Height w/Rapid Release® 1 2554 24130 216035B SkyWays® Hexagon, Single Layer (40') Shade 10' Entrance Height 1 2884 24005 216035F SkyWays® Hexagon, Single Layer (40') Shade 10' Entrance Height w/Rapid Release® 1 2924 25265 216035C SkyWays® Hexagon, Single Layer (40') Shade 12' Entrance Height 1 3100 25450 216035G SkyWays® Hexagon, Single Layer (40') Shade 12' Entrance Height w/Rapid Release® 1 3140 26710 216035D SkyWays® Hexagon, Single Layer (40') Shade 14' Entrance Height 1 3315 26900 216035H SkyWays® Hexagon, Single Layer (40') Shade 14' Entrance Height w/Rapid Release® 1 3355 28160 216035A SkyWays® Hexagon, Single Layer (40') Shade 8' Entrance Height 1 2669 22555 216035E SkyWays® Hexagon, Single Layer (40') Shade 8' Entrance Height w/Rapid Release® 1 2709 23815 216036B SkyWays® Hexagon, Single Layer (45') Shade 10' Entrance Height 1 9619 34505 216036C SkyWays® Hexagon, Single Layer (45') Shade 12' Entrance Height 1 10069 35890 216036D SkyWays® Hexagon, Single Layer (45') Shade 14' Entrance Height 1 10520 37275 216036A SkyWays® Hexagon, Single Layer (45') Shade 8' Entrance Height 1 9169 33115 216037B SkyWays® Hexagon, Single Layer (50') Shade 10' Entrance Height 1 10080 47105 216037C SkyWays® Hexagon, Single Layer (50') Shade 12' Entrance Height 1 10530 48490 216037D SkyWays® Hexagon, Single Layer (50') Shade 14' Entrance Height 1 10981 49875 216037A SkyWays® Hexagon, Single Layer (50') Shade 8' Entrance Height 1 9630 45715 227368B SkyWays® Hip (18'x18') Shade 10' Entrance Height 1 480 7410 227368F SkyWays® Hip (18'x18') Shade 10' Entrance Height w/Rapid Release® 1 520 9125 227368C SkyWays® Hip (18'x18') Shade 12' Entrance Height 1 500 7955 227368G SkyWays® Hip (18'x18') Shade 12' Entrance Height w/Rapid Release® 1 540 9515 227368D SkyWays® Hip (18'x18') Shade 14' Entrance Height 1 600 8460 227368H SkyWays® Hip (18'x18') Shade 14' Entrance Height w/Rapid Release® 1 640 9585 227368A SkyWays® Hip (18'x18') Shade 8' Entrance Height 1 360 6945 227368E SkyWays® Hip (18'x18') Shade 8' Entrance Height w/Rapid Release® 1 400 8490 237666B SkyWays® Hip (20'x20') Shade 10' Entrance Height 1 500 8235 237666F SkyWays® Hip (20'x20') Shade 10' Entrance Height w/Rapid Release® 1 540 9825 237666C SkyWays® Hip (20'x20') Shade 12' Entrance Height 1 600 8910 237666G SkyWays® Hip (20'x20') Shade 12' Entrance Height w/Rapid Release® 1 640 10030 237666D SkyWays® Hip (20'x20') Shade 14' Entrance Height 1 700 9155 237666H SkyWays® Hip (20'x20') Shade 14' Entrance Height w/Rapid Release® 1 740 10925 237666A SkyWays® Hip (20'x20') Shade 8' Entrance Height 1 480 7905 237666E SkyWays® Hip (20'x20') Shade 8' Entrance Height w/Rapid Release® 1 520 9125 227369B SkyWays® Hip (24'x24') Shade 10' Entrance Height 1 650 9215 2026 Playground Equipment Price List Pricing effective on September 22, 2025 Model # Description UPS Weight(lbs) Price($) NOTE: All products identified above are a Direct Bury type of installation unless otherwise noted. For Surface Mounting, contact the LSI Design Department for price quote. Confidential: Internal Landscape Structures Use Only Because of our commitment to safety, innovation and value, we reserve the right to change pricing at any time. 67 227369F SkyWays® Hip (24'x24') Shade 10' Entrance Height w/Rapid Release® 1 690 10770 227369C SkyWays® Hip (24'x24') Shade 12' Entrance Height 1 720 10175 227369G SkyWays® Hip (24'x24') Shade 12' Entrance Height w/Rapid Release® 1 760 10885 227369D SkyWays® Hip (24'x24') Shade 14' Entrance Height 1 840 10845 227369H SkyWays® Hip (24'x24') Shade 14' Entrance Height w/Rapid Release® 1 880 12145 227369A SkyWays® Hip (24'x24') Shade 8' Entrance Height 1 600 9130 227369E SkyWays® Hip (24'x24') Shade 8' Entrance Height w/Rapid Release® 1 640 10210 227370B SkyWays® Hip (28'x28') Shade 10' Entrance Height 1 960 10750 227370F SkyWays® Hip (28'x28') Shade 10' Entrance Height w/Rapid Release® 1 1000 11955 227370C SkyWays® Hip (28'x28') Shade 12' Entrance Height 1 1080 12145 227370G SkyWays® Hip (28'x28') Shade 12' Entrance Height w/Rapid Release® 1 1120 13335 227370D SkyWays® Hip (28'x28') Shade 14' Entrance Height 1 1200 12240 227370H SkyWays® Hip (28'x28') Shade 14' Entrance Height w/Rapid Release® 1 1240 13415 227370A SkyWays® Hip (28'x28') Shade 8' Entrance Height 1 840 10150 227370E SkyWays® Hip (28'x28') Shade 8' Entrance Height w/Rapid Release® 1 880 11875 227371B SkyWays® Hip (30'x30') Shade 10' Entrance Height 1 1200 13960 227371F SkyWays® Hip (30'x30') Shade 10' Entrance Height w/Rapid Release® 1 1240 15980 227371C SkyWays® Hip (30'x30') Shade 12' Entrance Height 1 1275 15125 227371G SkyWays® Hip (30'x30') Shade 12' Entrance Height w/Rapid Release® 1 1315 16485 227371D SkyWays® Hip (30'x30') Shade 14' Entrance Height 1 1320 15250 227371H SkyWays® Hip (30'x30') Shade 14' Entrance Height w/Rapid Release® 1 1360 17400 227371A SkyWays® Hip (30'x30') Shade 8' Entrance Height 1 1080 13225 227371E SkyWays® Hip (30'x30') Shade 8' Entrance Height w/Rapid Release® 1 1120 14860 215186B SkyWays® Hip (35'x35') Shade 10' Entrance Height 2,3 2106 18170 215186F SkyWays® Hip (35'x35') Shade 10' Entrance Height w/Rapid Release® 2,3 2146 19360 215186C SkyWays® Hip (35'x35') Shade 12' Entrance Height 2,3 2250 19335 215186G SkyWays® Hip (35'x35') Shade 12' Entrance Height w/Rapid Release® 2,3 2290 20990 215186D SkyWays® Hip (35'x35') Shade 14' Entrance Height 2,3 2393 21090 215186H SkyWays® Hip (35'x35') Shade 14' Entrance Height w/Rapid Release® 2,3 2433 21500 215186A SkyWays® Hip (35'x35') Shade 8' Entrance Height 2,3 1962 16670 215186E SkyWays® Hip (35'x35') Shade 8' Entrance Height w/Rapid Release® 2,3 2002 17845 215187B SkyWays® Hip (40'x40') Shade 10' Entrance Height 1 2263 19635 215187F SkyWays® Hip (40'x40') Shade 10' Entrance Height w/Rapid Release® 1 2303 21370 215187C SkyWays® Hip (40'x40') Shade 12' Entrance Height 1 2407 21830 215187G SkyWays® Hip (40'x40') Shade 12' Entrance Height w/Rapid Release® 1 2447 22275 215187D SkyWays® Hip (40'x40') Shade 14' Entrance Height 1 2550 21980 215187H SkyWays® Hip (40'x40') Shade 14' Entrance Height w/Rapid Release® 1 2590 22790 215187A SkyWays® Hip (40'x40') Shade 8' Entrance Height 1 2119 19485 215187E SkyWays® Hip (40'x40') Shade 8' Entrance Height w/Rapid Release® 1 2159 20435 267723B SkyWays® Single Post Hypar 10'x10' Shade 10' Entrance Height 1 250 4950 267723C SkyWays® Single Post Hypar 10'x10' Shade 12' Entrance Height 1 270 5130 267723D SkyWays® Single Post Hypar 10'x10' Shade 14' Entrance Height 1 290 5375 267723A SkyWays® Single Post Hypar 10'x10' Shade 8' Entrance Height 1 230 4765 267724B SkyWays® Single Post Hypar 12'x12' Shade 10' Entrance Height 1 295 5580 2026 Playground Equipment Price List Pricing effective on September 22, 2025 Model # Description UPS Weight(lbs) Price($) NOTE: All products identified above are a Direct Bury type of installation unless otherwise noted. For Surface Mounting, contact the LSI Design Department for price quote. Confidential: Internal Landscape Structures Use Only Because of our commitment to safety, innovation and value, we reserve the right to change pricing at any time. 68 267724F SkyWays® Single Post Hypar 12'x12' Shade 10' Entrance Height w/Rapid Release 1 370 7390 267724C SkyWays® Single Post Hypar 12'x12' Shade 12' Entrance Height 1 305 5595 267724G SkyWays® Single Post Hypar 12'x12' Shade 12' Entrance Height w/Rapid Release 1 380 7685 267724D SkyWays® Single Post Hypar 12'x12' Shade 14' Entrance Height 1 315 5905 267724H SkyWays® Single Post Hypar 12'x12' Shade 14' Entrance Height w/Rapid Release 1 390 7815 267724A SkyWays® Single Post Hypar 12'x12' Shade 8' Entrance Height 1 285 5400 267724E SkyWays® Single Post Hypar 12'x12' Shade 8' Entrance Height w/Rapid Release 1 360 7355 267725B SkyWays® Single Post Hypar 14'x14' Shade 10' Entrance Height 1 491 6165 267725F SkyWays® Single Post Hypar 14'x14' Shade 10' Entrance Height w/Rapid Release 1 566 8170 267725C SkyWays® Single Post Hypar 14'x14' Shade 12' Entrance Height 1 503 6265 267725G SkyWays® Single Post Hypar 14'x14' Shade 12' Entrance Height w/Rapid Release 1 578 8445 267725D SkyWays® Single Post Hypar 14'x14' Shade 14' Entrance Height 1 515 6545 267725H SkyWays® Single Post Hypar 14'x14' Shade 14' Entrance Height w/Rapid Release 1 590 8175 267725A SkyWays® Single Post Hypar 14'x14' Shade 8' Entrance Height 1 479 6065 267725E SkyWays® Single Post Hypar 14'x14' Shade 8' Entrance Height w/Rapid Release 1 554 7920 267726B SkyWays® Single Post Hypar 16'x16' Shade 10' Entrance Height 1 571 6805 267726F SkyWays® Single Post Hypar 16'x16' Shade 10' Entrance Height w/Rapid Release 1 646 9010 267726C SkyWays® Single Post Hypar 16'x16' Shade 12' Entrance Height 1 583 7200 267726G SkyWays® Single Post Hypar 16'x16' Shade 12' Entrance Height w/Rapid Release 1 658 8855 267726D SkyWays® Single Post Hypar 16'x16' Shade 14' Entrance Height 1 595 7250 267726H SkyWays® Single Post Hypar 16'x16' Shade 14' Entrance Height w/Rapid Release 1 670 9325 267726A SkyWays® Single Post Hypar 16'x16' Shade 8' Entrance Height 1 559 6650 267726E SkyWays® Single Post Hypar 16'x16' Shade 8' Entrance Height w/Rapid Release 1 634 8980 237668B SkyWays® Single Post Pyramid (10'x10') Shade 10' Entrance Height 1 250 4875 237668C SkyWays® Single Post Pyramid (10'x10') Shade 12' Entrance Height 1 270 4980 237668D SkyWays® Single Post Pyramid (10'x10') Shade 14' Entrance Height 1 290 5415 237668A SkyWays® Single Post Pyramid (10'x10') Shade 8' Entrance Height 1 230 4695 237669B SkyWays® Single Post Pyramid (12'x12') Shade 10' Entrance Height 1 295 5370 237669F SkyWays® Single Post Pyramid (12'x12') Shade 10' Entrance Height w/Rapid Release® 1 370 7245 237669C SkyWays® Single Post Pyramid (12'x12') Shade 12' Entrance Height 1 305 5515 237669G SkyWays® Single Post Pyramid (12'x12') Shade 12' Entrance Height w/Rapid Release® 1 380 7690 237669D SkyWays® Single Post Pyramid (12'x12') Shade 14' Entrance Height 1 315 5835 237669H SkyWays® Single Post Pyramid (12'x12') Shade 14' Entrance Height w/Rapid Release® 1 390 7680 237669A SkyWays® Single Post Pyramid (12'x12') Shade 8' Entrance Height 1 285 5495 237669E SkyWays® Single Post Pyramid (12'x12') Shade 8' Entrance Height w/Rapid Release® 1 360 7010 237670B SkyWays® Single Post Pyramid (14'x14') Shade 10' Entrance Height 1 491 6280 237670F SkyWays® Single Post Pyramid (14'x14') Shade 10' Entrance Height w/Rapid Release® 1 566 8275 237670C SkyWays® Single Post Pyramid (14'x14') Shade 12' Entrance Height 1 503 6635 237670G SkyWays® Single Post Pyramid (14'x14') Shade 12' Entrance Height w/Rapid Release® 1 578 8375 2026 Playground Equipment Price List Pricing effective on September 22, 2025 Model # Description UPS Weight(lbs) Price($) NOTE: All products identified above are a Direct Bury type of installation unless otherwise noted. For Surface Mounting, contact the LSI Design Department for price quote. Confidential: Internal Landscape Structures Use Only Because of our commitment to safety, innovation and value, we reserve the right to change pricing at any time. 69 237670D SkyWays® Single Post Pyramid (14'x14') Shade 14' Entrance Height 1 515 6625 237670H SkyWays® Single Post Pyramid (14'x14') Shade 14' Entrance Height w/Rapid Release® 1 590 8565 237670A SkyWays® Single Post Pyramid (14'x14') Shade 8' Entrance Height 1 479 5880 237670E SkyWays® Single Post Pyramid (14'x14') Shade 8' Entrance Height w/Rapid Release® 1 554 7935 237671B SkyWays® Single Post Pyramid (16'x16') Shade 10' Entrance Height 1 571 6930 237671F SkyWays® Single Post Pyramid (16'x16') Shade 10' Entrance Height w/Rapid Release® 1 646 9055 237671C SkyWays® Single Post Pyramid (16'x16') Shade 12' Entrance Height 1 583 7465 237671G SkyWays® Single Post Pyramid (16'x16') Shade 12' Entrance Height w/Rapid Release® 1 658 9180 237671D SkyWays® Single Post Pyramid (16'x16') Shade 14' Entrance Height 1 595 7550 237671H SkyWays® Single Post Pyramid (16'x16') Shade 14' Entrance Height w/Rapid Release® 1 670 9285 237671A SkyWays® Single Post Pyramid (16'x16') Shade 8' Entrance Height 1 559 7005 237671E SkyWays® Single Post Pyramid (16'x16') Shade 8' Entrance Height w/Rapid Release® 1 634 8990 237677A SkyWays® Triangle Sail (20'x20'x20') Shade 8'/10'/12' Entry Height 1 898 14925 237676B SkyWays® Two-Post Hip (14'x22') Shade 10' Entrance Height 1 795 8205 237676F SkyWays® Two-Post Hip (14'x22') Shade 10' Entrance Height w/Rapid Release® 1 870 9060 237676C SkyWays® Two-Post Hip (14'x22') Shade 12' Entrance Height 1 810 8505 237676G SkyWays® Two-Post Hip (14'x22') Shade 12' Entrance Height w/Rapid Release® 1 885 9820 237676D SkyWays® Two-Post Hip (14'x22') Shade 14' Entrance Height 1 825 8620 237676H SkyWays® Two-Post Hip (14'x22') Shade 14' Entrance Height w/Rapid Release® 1 900 10055 237676A SkyWays® Two-Post Hip (14'x22') Shade 8' Entrance Height 1 780 7780 237676E SkyWays® Two-Post Hip (14'x22') Shade 8' Entrance Height w/Rapid Release® 1 855 9050 159873A Super CoolToppers® Pyramid (30'x30') 13'-9" Entrance Height (45" Bury) 1402 17935 1 NOTE: Product ships from Dallas Skyways facility, a custom freight quote is required. Please request a freight quote from transportation_quotes@playlsi.com 2 NOTE: A separate freight quote from Dallas Skyways facility is required for this model. 3 NOTE: 3-4 week lead time after engineering sign-off. Freestanding Play Surfacing 114513A Adhesive Tube 10.6 oz., Approximate Coverage: 3 Tiles per Tube UPS 2 15.30 100626A Galvanized Stake (30") UPS 4 19.60 109694A Geotextile Fabric UPS 1 7.75 126205A Transfer Station, w/2 Handholds, 2" SM 73 1715 126205A Transfer Station, w/2 Handholds, DB 83 1510 119214A TuffTimbers™ 4' Length, Black Only UPS 9 74 130799A TuffTimbers™ Access Wedge Black Only 90 1220 Freestanding Play Signs 217914A DigiFuse® Arched Sign Panel w/PS Posts, 2" Surface Mount 34 1795 217914A DigiFuse® Arched Sign Panel w/PS Posts, Direct Bury 42 1570 298208A Symbol Communication Sign w/2 Posts 2"SM 54 2540 298208A Symbol Communication Sign w/2 Posts DB 63 2300 355992A Symbol Communication Sign w/2 Posts, English/English, 2" SM 67 2540 355992A Symbol Communication Sign w/2 Posts, English/English, DB 77 2300 355992B Symbol Communication Sign w/2 Posts, English/Spanish, 2" SM 67 2540 355992B Symbol Communication Sign w/2 Posts, English/Spanish, DB 77 2300 182504F Welcome Sign, Ages 18 m-12 yrs, 12" Surface Mount (CSA only) 1 UPS 29 580 182504F Welcome Sign, Ages 18 m-12 yrs, 2" Surface Mount (CSA only) 1 UPS 27 580 182504F Welcome Sign, Ages 18 m-12 yrs, Direct Bury (CSA only) 1 UPS 24 500 2026 Playground Equipment Price List Pricing effective on September 22, 2025 Model # Description UPS Weight(lbs) Price($) NOTE: All products identified above are a Direct Bury type of installation unless otherwise noted. For Surface Mounting, contact the LSI Design Department for price quote. Confidential: Internal Landscape Structures Use Only Because of our commitment to safety, innovation and value, we reserve the right to change pricing at any time. 70 182504E Welcome Sign, Ages 18 m-5 yrs, 12" Surface Mount (CSA only) 1 UPS 29 580 182504E Welcome Sign, Ages 18 m-5 yrs, 2" Surface Mount (CSA only) 1 UPS 27 580 182504E Welcome Sign, Ages 18 m-5 yrs, Direct Bury (CSA only) 1 UPS 24 500 182504B Welcome Sign, Ages 2-12 years, 12" Surface Mount 1 UPS 29 580 182504B Welcome Sign, Ages 2-12 years, 2" Surface Mount 1 UPS 27 580 182504B Welcome Sign, Ages 2-12 years, Direct Bury 1 UPS 24 500 182504A Welcome Sign, Ages 2-5 years, 12" Surface Mount 1 UPS 29 580 182504A Welcome Sign, Ages 2-5 years, 2" Surface Mount 1 UPS 27 580 182504A Welcome Sign, Ages 2-5 years, Direct Bury 1 UPS 24 500 182504C Welcome Sign, Ages 5-12 years, 12" Surface Mount 1 UPS 29 580 182504C Welcome Sign, Ages 5-12 years, 2" Surface Mount 1 UPS 27 580 182504C Welcome Sign, Ages 5-12 years, Direct Bury 1 UPS 24 500 182504D Welcome Sign, Ages 6-23 months, 12" Surface Mount 1 UPS 29 580 182504D Welcome Sign, Ages 6-23 months, 2" Surface Mount 1 UPS 27 580 182504D Welcome Sign, Ages 6-23 months, Direct Bury 1 UPS 24 500 1 NOTE: Playsystem orders may be eligible for a free welcome sign. Restrictions apply. Additional signs may be purchased (models shown here). Freestanding Play Learning Wall 184868A Ball Maze Panel (LW-10) 1 UPS 55 1600 184870B Bead and Block Panel w/Handles (LW-1) 1 UPS 64 1665 184870A Bead and Block Panel w/o Handles (LW-1) 1 UPS 56 1365 184875A Benches (2) w/1 End Panel Each (LW-1) 1 UPS 49 1270 184869A Block Panel (LW-1) 1 UPS 35 1220 184889A Bongo Panel® (LW-1) 1 UPS 43 1245 184891A Bongo Reach Panel (LW) 1 UPS 27 1185 184880A Braille and Clock Panel (LW-10) 1 UPS 41 2035 184853A Bubble Panel (LW-10) 1 UPS 29 990 184873A Chimes Panel (LW-10) 1 47 1865 184898A Color Splash Panel™ (LW-10) 1 52 3995 184858A Driver Panel (LW-1) 1 UPS 47 1055 184859A Finger Maze Panel (LW-10) 1 UPS 40 870 184893A Fun Mirror Panel® (LW-10) 1 53 3290 184876A Gear Panel (LW-10) 1 112 2560 184872A Geometric Panel w/Handles (LW-10) 1 UPS 38 1105 184872B Geometric Panel w/o Handles (LW-10) 1 UPS 34 865 184854A Hole Panel (LW-1) 1 UPS 23 655 184881A Hourglass Panel (LW-10) 1 51 2170 184867A House Panel (LW-1) 1 UPS 30 770 184883A Image Panel, 176 Play Blocks (LW-10) 1 UPS 63 1800 184896A Kaleidospin Panel® (LW-10) 1 74 4540 184897A Marble Panel® (LW-10) 1 54 3160 184882A Match 4 Panel (LW-10) 1 UPS 35 1305 184866A Mirror Panel (LW-10) 1 UPS 41 1390 184886A Navigator Reach Panel (LW) 1 UPS 26 875 184894A Optigear Panel® (LW-10) 1 49 4540 184877A Periscope Panel (LW-10) 1 UPS 55 2070 184878A Pilot Panel (LW-1) 1 UPS 45 1390 184855A Puppet Panel (LW-1) 1 UPS 27 655 184856A Puppet Panel w/Window (LW-1) 1 UPS 32 925 184899A Rain Sound Wheel Panel™ (LW-10) 1 68 2905 184888A Ring-a-Bell™ Panel (LW-10) 1 UPS 41 1810 184892A Ring-a-Bell™ Reach Panel (LW) 1 UPS 24 1285 184890A Rock-n-Ring® Panel (LW-1) 1 UPS 52 2200 184865A Sand and Water Panel, 2" Surface Mount (LW-1) 1 UPS 72 1865 184865A Sand and Water Panel, Direct Bury (LW-1) 1 UPS 76 1800 188837A Sign Language Panel (LW-10) 1 33 1070 184871A Slant Entrance Panel, 2" Surface Mount (LW-1) 1 UPS 48 1470 184871A Slant Entrance Panel, Direct Bury (LW-1) 1 UPS 52 1365 184852A Slant Window Panel (LW-10) 1 UPS 49 1725 184879A Space Travel Panel (LW-10) 1 50 1810 179230A Square Peak Tile Roof w/Custom Logo Panel (LW) 2 105 2035 179230B Square Peak Tile Roof w/o Logo Panels (LW) 2 93 1865 2026 Playground Equipment Price List Pricing effective on September 22, 2025 Model # Description UPS Weight(lbs) Price($) NOTE: All products identified above are a Direct Bury type of installation unless otherwise noted. For Surface Mounting, contact the LSI Design Department for price quote. Confidential: Internal Landscape Structures Use Only Because of our commitment to safety, innovation and value, we reserve the right to change pricing at any time. 71 179230A Square Peak Tile Roof w/Standard Logo Panel (LW) 2 105 2035 179226A Square Poly Roof w/Custom Logo Panels (LW) 2 112 1810 179226B Square Poly Roof w/o Logo Panels (LW) 2 99 1655 179226A Square Poly Roof w/Standard Logo Panels (LW) 2 112 1810 184887A Storefront Panel (LW-1) 1 UPS 21 590 184861A Table Panel, 2" Surface Mount (LW-1) 1 UPS 58 1605 184861A Table Panel, Direct Bury (LW-1) 1 UPS 62 1540 184862A Tic-Tac-Toe Panel (LW-10) 1 UPS 45 1810 184860A Tracing Panel (LW-10) 1 UPS 33 880 184885A Trail Tracker® Reach Panel (LW) 1 UPS 14 615 184901A Tunnel Panel, 2" Surface Mount (LW-1) 1 UPS 64 1815 184901A Tunnel Panel, Direct Bury (LW-1) 1 UPS 77 1955 184895A Xylofun Panel® (LW-10) 1 48 3350 184857A Zoo Panel (LW-1) 1 UPS 25 655 1 NOTE: Learning Wall Panels are mounted 1" above (LW-1) or 10" (LW-10) above the playing surface to accommodate the reach ranges of all children. 2 NOTE: Free customized text on roof; limit approximately 15 characters including spaces. Validate customized text in design tools. Freestanding Play Learning Wall Posts 115206B Learning Wall Arch Post, 1" Panel Height, 12" Surface Mount 11 0 115206B Learning Wall Arch Post, 1" Panel Height, 2" Surface Mount 9 0 115205B Learning Wall Arch Post, 1" Panel Height, Direct Bury 16 0 115206A Learning Wall Arch Post, 10" Panel Height, 12" Surface Mount 13 0 115206A Learning Wall Arch Post, 10" Panel Height, 2" Surface Mount 11 0 115205A Learning Wall Arch Post, 10" Panel Height, Direct Bury 16 0 115204B Learning Wall Post for Roof, 1" Panel Height, 12" Surface Mount 14 500 115204B Learning Wall Post for Roof, 1" Panel Height, 2" Surface Mount 12 500 115203B Learning Wall Post for Roof, 1" Panel Height, Direct Bury 17 380 115204A Learning Wall Post for Roof, 10" Panel Height, 12" Surface Mount 15 525 115204A Learning Wall Post for Roof, 10" Panel Height, 2" Surface Mount 10 525 115203A Learning Wall Post for Roof, 10" Panel Height, Direct Bury 18 390 115202B Learning Wall Post, 1" Panel Height, 12" Surface Mount 11 415 115202B Learning Wall Post, 1" Panel Height, 2" Surface Mount 9 415 115201B Learning Wall Post, 1" Panel Height, Direct Bury 13 355 115202A Learning Wall Post, 10" Panel Height, 12" Surface Mount 13 435 115202A Learning Wall Post, 10" Panel Height, 2" Surface Mount 11 435 115201A Learning Wall Post, 10" Panel Height, Direct Bury 14 360 165W.JessupAvenueLongwood,FL32750-4146PH:407-831-9658FAX:866-232-8532info@repservices.comwww.repservices.com ProjectName:MontclairParkProjectAddresses:1821MontclairRdScope:SeeExhibitA Approvedastoform:                                          Attest: ____________________________                    By:_______________________________ MelissaIsabel                                                     RosemarieCallSeniorAssistantCityAttorney                                    CityClerk Countersigned:                                                     ____________________________                    ___________________________________BruceRector                             JenniferPoirrierMayor                                              CityManager ____________________________                    ___________________________________Date                                                       Date Theattached isRSI’sproposalfora newplaygroundatMontclairPark Thetotalpriceforthisplaygroundis$192,509.44 CITYOFCLEARWATER,FLORIDA Attn: ProposedTo:CityofClearwater Attn:CraigWilson Page1of3 ShipTo:TBDatalaterdate BillTo:CityofClearwater Attn:CraigWilson E-mailPOsandcontractsto: 165W.JessupAve. Longwood,FL32750-4146 RepServices,Inc. Pleasemailchecksto: ProposalNo:22090.06 ProposalDate:1/12/2026 Opt/Rev:C/2 ProposalName:MontclairParkPlayground ProjectLocation:1821MontclairRdClearwater,FL33763ProjectCounty:Pinellas ProjectContact:CraigWilson Consultant:ScottBrushwood 727-539-8457 ProposalExpires:2/11/2026 ForQuestionsContact:JasonSmith 407-853-3595 1/12/26-JS ProjectName:CityofClearwater-MontclairParkProjectNo:22090 scott@repservices.com jason@repservices.com( ( * * 100SMyrtleAveClearwater,FL33756-5520 100SMyrtleAveClearwater,FL33756-5520 CGC1508223 FEIN59-2978507 contracts@repservices.com QtyPartNo Description UnitPrice NetPrice ExtPriceClass LandscapeStructures 608063 Disc ProjDrawings:22090-3-22026.1Vendor: FreestandingPlay2-5 SaddleSpinnerDB12"height 940.50-5.0%KidsInMotion 940.50990.00IP152179A-002 1EA DoubleBobbleRiderDB 2,759.75-5.0% 2,759.752,905.00IP164075B-001 1EA CozyDomeDB 5,904.25-5.0%SensoryPlay 5,904.256,215.00IP168099A-001 1EA BeltSeat- ProguardChainsFor8'BeamHeight 332.50-5.0%Swings 166.25175.00IP174018A-001 2EA FullBucketSeat- ProguardChainsForToddlerSwing 921.50-5.0% 460.75485.00IP176038G-001 2EA SinglePostSwingFrame- 8'BeamHeightOnlyDBOnly 1,624.50-5.0% 1,624.501,710.00IP177332A-001 1EA ToddlerSwingAdd-onBeam 1,339.50-5.0% 669.75705.00IP177337A-001 2EA PlayBooster5-12 DeckLinkW/barriers- SteelEndPanels3Steps 3,567.25-5.0%Climbers 3,567.253,755.00PB152907C-001 1EA GeoplexClimber40"dk 1,277.75-5.0% 1,277.751,345.00PB219509A-001 1EA FishNetDB 3,491.25-5.0% 3,491.253,675.00PB235756A-001 1EA ChimneyClimber72"dkDB 5,419.75-5.0% 5,419.755,705.00PB345316B-001 1EA SquareTenderdeck 2,745.50-5.0%Decks 1,372.751,445.00PB111228A-001 2EA CurvedTransferModule- Left40"dkDB 3,686.00-5.0% 3,686.003,880.00PB152911B-004 1EA Geoplex3/4Barrier 855.00-5.0%Enclosures 855.00900.00PB219076A-001 1EA WobblePodDBOnly 4,094.50-5.0%KidsInMotion 2,047.252,155.00IP158105A-001 2EA LolliladderW/2E-pods 3,363.00-5.0%OverheadItems 3,363.003,540.00PB193170A-001 1EA 148"alumPostDB 2,109.00-5.0%Posts 527.25555.00PB111404A-001 4EA 124"alumPostDB 950.00-5.0% 475.00500.00PB111404D-001 2EA 116"alumPostDB 1,653.00-5.0% 413.25435.00PB111404E-001 4EA WelcomeSign(lsiProvided)- Ages5-12YearsDirectBury 0.00-5.0%Signs 0.000.00IP182503C-001 1EA Spyroslide- 72"dkDB 8,341.00-5.0%Slides&Gliders 8,341.008,780.00PB122033A-001 1EA DoubleSwooshSlide- 72"dkDB 3,149.25-5.0% 3,149.253,315.00PB130390A-003 1EA $69,484.75 $58,524.75 ElectronicofSigned&SealedEngineering:$3,400.00 DiscountpertheSchoolDistrictofManateeCo.#26-0041-MR:$3,080.25 LandscapeStructuresTotal: ProductSubtotal: Freight:PrepaidShipMethod:BestWayFOB:DestinationWeight:3,006lbsFreightCharge:$7,560.00 QtyPartNo Description UnitPrice NetPrice ExtPriceClass DuraPlay,Inc 608064 Disc ProjDrawings:22090-3-22026.1Vendor: EPDMPouredinPlaceSafetySurfacing.SingleColorBlend50%Black/50%StandardColor,3.75”thickat8'CFH3,025sf 62,489.41-5.0%Surfacing 62,489.4165,778.33PouredInPlaceSafetySurfacing 1LT $65,256.91 $62,489.41 AdditionalCityofClearwaterDiscountApplied:$1,315.57 RSISurfacingVendorTotal: ProductSubtotal: Freight:PrepaidShipMethod:BestWayFOB:DestinationFreightCharge:$2,767.50 AdditionalCityofClearwaterDiscount:$1,232.10 Discount per SDMC Contract #26-0041-MR: $1,973.35 ProposalDate:1/12/2026 Page2of3ProposalNo:22090.06 ProjectName:CityofClearwater-MontclairPark 608065 Item Qty Description InstallationByRSIInstaller:Thescopeincludesthefollowing,asrequired: INS-LSI 1LT INS-SURFACINGSUBBASE 3,025SF Installsubbaseforsurfacing TRASHREMOVAL 1LT Trashremovalfromjobsite PERMITFILING 1EA Chargefordocumentpreparationforbuildingpermit. PERMITFEE 1EA PermitFeeschargedbyBuildingDepartmentforthebuildingpermitandbytheClerkofCircuitCourtfortheNoticeofCommencement. $52,029.78RSIInstallerTotal: QtyPartNo Description UnitPrice NetPrice ExtPriceClass Surety 608854ProjDrawings:Vendor: PaymentandPerformanceBonds 5,738.00Miscellaneous5,738.005,738.00BOND1EA $5,738.00SuretyTotal: Net30 BasisofProposal:OurofferisbaseduponRepServicesdesign22090-3-22026.1Ifaownercontrolledinsuranceprogram(OCIP)isrequired,add2%totheproposaltotal. Also,pleasebeawarethatwegenerateseparateinvoicesforproductatthetimeofdelivery,thenweinvoiceforinstallationuponcompletion.Thisisthecustomaryapproachinconstructionandeliminatessalestaxoninstallationservices.Ifyourprojectshouldincludeproducts frommultiplemanufacturers,beadvisedthattheproductswillbeinvoicedseparately. Estimatedprojectcompletionschedule(Thisschedulestartswhenallneededinformationtodirectengineeringhasbeengathered.)4Weeks:Engineering6Weeks:Permitting/SubmittalApproval12WeeksLongest manufacturingleadtime.(Typicalforscheduling.)1WeekShipping3WeeksInstallation26WeeksTOTAL Generalnotes:ItisRepServices’understandingthataGeotechreporthasnotbeenperformed.RepServices,Inc.assumesthatthesoilbearingcapacityis2,000psf.Owner,Generalcontractorand/orsitecontractortoverifysoilconditionsmeetorexceeddesignassumptionspriortoinstallationoffoundations. Ownertoprovideallsurveyinformation.Signedandsealedsurveymayberequiredforpermitting.Exactpermittingrequirementsrequiredforauthorityhavingjurisdictionwillbeconfirmedafterapurchaseorderisissuedandduringengineeringservices.RepServices,Inc.willrequestAutoCADdrawingsofsurveyfilefromowner'ssurveycompany. Structuralcalculationsnotprovidedaspartofbasicservicesandtypicallynotrequiredforplaygroundpermitting.Ifcalculationsarerequired,achangeorderforadditionalwillberequired. Allrezoningandvarianceapplicationsareexcludedaspartofourbasescopeofwork.Ifrezoningoravarianceisrequiredfortheproject,achangeorderforadditionalserviceswillberequired. Oncecontractor(RSI)hasreceivedaNoticetoProceedandtheagreed-uponscheduleischanged,storageandremobilizationfeesmaybeassessed. Iftheprojectiscancelledpriortocompletion,theprojectwillbebilledperthepercentofcompletion.RepServices,Inc.willprovidethepercentofcompletion. NotethatRSIiscommittedtodoallitcantomeettheneedsofyourproject. LandscapeStructures:Colorselectiontobemadeattimeofcolorsubmittalapproval $130,152.16 Freight:$10,327.50 Product: ProposalTotal:$192,509.44 Installation:$52,029.78 GeneralTermsofSaleandProposalSummary Notes ProposalDate:1/12/2026 Page3of3ProposalNo:22090.06 ProjectName:CityofClearwater-MontclairPark DuraPlayPouredinPlaceSurfacing:Thisquotationisformaterial,freight,andinstallation.⦁RoughGrade:tobeestablishedbyothers⦁Product:DuraPlayPouredinPlaceSafetySurfacingvaryingthicknessesandcolors⦁Installation:OwnerorOwner'scontractorisresponsiblefor:⦁Allsitework,sitepreparationandbasepreparation.⦁Accuracyofprojectdimensionsandproductquantitiespriortoordering.⦁Colorselectiontobemadeattimeofcolorsubmittalapproval.⦁Securityofthesiteduringcuretime(typically48hours).⦁NOTE:InstallationscopesdonotincludefallheighttestingOurscopedoesnotinclude:⦁DavisBaconWageRates⦁CertifiedPayroll⦁EnrollmentofOwnerControlledInsurancePlan⦁Sod&LandscapeRestoration⦁Dumpsteratthesitefortrashandwastematerial⦁Soilstesting⦁Sitesecurity⦁Water Installation:Unlessotherwisenoted,thefollowingitemsaretobePROVIDEDBYCUSTOMER priortoinstallation:⦁Signed&sealedsiteplanorsurvey⦁Accessformachinesandlaborcrewtoequipmentinstallationlocation⦁Stagingarea⦁GeotechnicalReport⦁Treesurveyandbarriers⦁Privateundergroundutilitieslocatedandmarked⦁Demolitionofequipmentincludingfooters⦁Removalofexistingsafetysurfacing⦁ExcavationtopropersitedepthforPIP Ourscopedoesnotinclude:⦁DavisBaconWageRates⦁CertifiedPayrollRates⦁EnrollmentofOwnerControlledInsurancePlan⦁Sod&LandscapeRestoration⦁Dumpsteratthesitefortrashandwastematerial⦁Soilstesting⦁Sitesecurity⦁Water⦁Dewateringanddrainageconsiderations⦁Concretetesting InstallationChargesonthisproposalarebasedonNOUNFORESEENconditionsinthearea,aboveorbelowthesurface.Ifunforeseenconditionsarise,theinstallationchargeswillchangetoreflectadditionalcostsassociatedwithdealingwiththosecircumstances.Examplesofthisincludebutarenotlimitedto:sitenotreadyuponinstaller'sarrival,undergroundutilities,ordifficultieswithfootersduetocoralrockorgroundwaterintheholes. TimeLimitationsHoldingPricesFirm:Ordersareshippedwithinourmanufacturer'sstandardleadtimes.Requestsfordelayedshippingmayresultinadditionalcostsduetoincreasesinfreight,materialcostsorotherfactors.Tosecurethepricesonthisproposal,theoffermustbeacceptedpriortotheexpirationdatenoted. If,duringtheperformanceofthiscontract,thepriceofaproductincreases3%ormoreasdocumentedbyfactoryquotes,invoicesorreceiptstocontractor(RepServices,Inc.)fromthedateofthecontractsigningthepriceofshallbeequitablyadjustedbyanamountreasonablynecessarytocoversuchpriceincreases.Wherethedeliveryofaproduct isdelayed,throughnofaultofcontractor(RSI)asaresultoftheshortageorunavailabilityofaproduct,contractor(RSI)shallnotbeliableforanyadditionalcostsordamagesassociatedwithsuchdelay(s). DateAuthorizedByCompanyName CityofClearwater AsIts: PrintedName AcceptedBy: (Title) Theundersignedwarrantsthathe/sheisanauthorizedrepresentativeoftheCityofClearwaternotedandhastherequisiteauthoritytobindtheCityofClearwaterand/orprincipal. 65'-2"61'-3"ΔWARNINGINSTALLATIONOVERAHARDSURFACESUCHASCONCRETE,ASPHALT,ORPACKEDEARTHMAYRESULTINSERIOUSINJURYORDEATHFROMFALLS.ΔWARNINGSURFACINGANDPLAYSURFACESMAYBECOMEHOTANDCAUSEBURNS.CHECKFORHOTSURFACESPRIORTOPLAYINGONTHEPLAYGROUND.GENERALNOTES:1.EQUIPMENTLOCATIONTOBEFIELDVERIFIEDPRIORTOCONSTRUCTION2.ACCESSIBLEROUTEOFTRAVELTOTHEPLAYGROUNDTOBEPROVIDEDBYOTHERS,UNLESSOTHERWISENOTED3.BASEMUSTEXHIBITPOSITIVEDRAINAGEINALLAREASWELCOMESIGNTOBELOCATEDINCONSULTATIONWITHOWNER2-5yearsold5-12yearsold0REPSERVICES,INC.CityofClearwater-MontclairParkClearwater,FL22090-3-22026.1SCALE:1/8"=1'4.0816FBC240.2.1.2TOTALPLAYACTIVITIES2-5:TOTALPLAYACTIVITIES5-12:ACCESSIBLEELEVATEDACTIVITIESACCESSIBLEGROUND-LEVELACTIVITIESACCESSIBLEGROUND-LEVELPLAYTYPESADASCHEDULEREQPROVTOTALAREA:REQPROV2-55-12FALLHEIGHT:USERCAPACITY:BORDER:SURFACING:DRAWNBY:SUBGRADEELEV.:PG-1PLAYEQUIPMENTPLANDNF3,025SF8'EXISTING403,025SFPIP-7.75"BFF511000544362533SURFACINGNOTES:1.ALLUNITARYSURFACINGSHOWN,ISBASEDONSINGLECOLORTURFORPIP50%STDCOLOR/50%BLACKBLENDS.2.ANYADDITIONALCOLORS,DESIGN/ARTWORK,ORPIPBLENDS,SUBJECTTOPROPOSALADJUSTMENTSORCHANGEORDER;DUETOINCREASEDCOSTS.3.SURFACINGTHICKNESSBASEDONROBERTSONRECREATIONSURFACINGPIP,&FOREVERLAWNTURFFALLHEIGHTCHARTS. 3,025SFPIP3.75"PIP,4"STONE8'FALLHEIGHTSUBBASECUT-7.75"BFF65'-2"61'-3"ΔWARNINGINSTALLATIONOVERAHARDSURFACESUCHASCONCRETE,ASPHALT,ORPACKEDEARTHMAYRESULTINSERIOUSINJURYORDEATHFROMFALLS.ΔWARNINGSURFACINGANDPLAYSURFACESMAYBECOMEHOTANDCAUSEBURNS.CHECKFORHOTSURFACESPRIORTOPLAYINGONTHEPLAYGROUND.GENERALNOTES:1.EQUIPMENTLOCATIONTOBEFIELDVERIFIEDPRIORTOCONSTRUCTION2.ACCESSIBLEROUTEOFTRAVELTOTHEPLAYGROUNDTOBEPROVIDEDBYOTHERS,UNLESSOTHERWISENOTED3.BASEMUSTEXHIBITPOSITIVEDRAINAGEINALLAREASWELCOMESIGNTOBELOCATEDINCONSULTATIONWITHOWNER0REPSERVICES,INC.CityofClearwater-MontclairParkClearwater,FL22090-3-22026.1SCALE:1/8"=1'4.0816TOTALAREA:FALLHEIGHT:USERCAPACITY:BORDER:SURFACING:DRAWNBY:SUBGRADEELEV.:PG-2INSTALLPLANDNF3,025SF8'EXISTING403,025SFPIP-7.75"BFFSURFACINGNOTES:1.ALLUNITARYSURFACINGSHOWN,ISBASEDONSINGLECOLORTURFORPIP50%STDCOLOR/50%BLACKBLENDS.2.ANYADDITIONALCOLORS,DESIGN/ARTWORK,ORPIPBLENDS,SUBJECTTOPROPOSALADJUSTMENTSORCHANGEORDER;DUETOINCREASEDCOSTS.3.SURFACINGTHICKNESSBASEDONROBERTSONRECREATIONSURFACINGPIP,&FOREVERLAWNTURFFALLHEIGHTCHARTS. Existingsidewalkatperimeter3.75"Poured-in-placesurfaceExistingsubgrade,mustexhibitpositivedrainageinalllocations4"compacted#57stone,3/4"minusandfinesPoured-in-PlaceSurfacingwithSidewalkPerimeterREPSERVICES,INC.CityofClearwater-MontclairParkClearwater,FL22090-3-22026.1TOTALAREA:FALLHEIGHT:USERCAPACITY:BORDER:SURFACING:DRAWNBY:SUBGRADEELEV.:PG-3DETAILSDNF3,025SF8'EXISTING403,025SFPIP-7.75"BFF Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#26-0093 Agenda Date: 2/19/2026 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 6.3 SUBJECT/RECOMMENDATION: Approve an increase to existing purchase orders with Quality Sod and Landscape LLC, Sunbelt Sod & Grading Co. and Tom’s Sod Service, Inc. for citywide sod needs in the amount of $60,000.00 for Year 2 to address additional sod requirements resulting from Hurricanes Helene and Milton, bringing the total amount for this contract term to $360,000.00, pursuant to ITB 19-24, and authorize the appropriate officials to execute same. (consent) SUMMARY: The city currently has existing purchase orders with Quality Sod & Landscape LLC, Sunbelt Sod & Grading Co. and Tom’s Sod Service, Inc pursuant to ITB# 19-24, Sod Material and Installation Services, which was approved by Council and awarded on April 18, 2024, for an initial one-year term with two, one-year renewal options. In the aftermath of Hurricanes Helene and Milton, the City experienced extensive landscape damage requiring significant additional sod replacement beyond that as otherwise normally used. These conditions were not anticipated in the original Invitation to Bid. As a result, staff is requesting an increase of $60,000.00 to address the additional sod requirements needed during the current contract year (Year 2) bringing Year 2 to $360,000.00. This contract includes one remaining renewal option, which will remain at the $300,000.00 cumulative annual amount. APPROPRIATION CODE AND AMOUNT: Funding will come from a variety of general fund cost centers; primarily from projects, parks and athletic codes, as well as various Parks & Rec capital improvement projects, all of which are funded by revenues from the General Fund. Costs related to hurricane damage from hurricanes were expensed to storm codes for tracking purposes (181-D2402, Hurricane Helene and 181-D2501, Hurricane Milton) but will ultimately be the funded by General Fund revenue. 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. ·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. ·3.2: Preserve community livability through responsible development standards, proactive code compliance, and targeted revitalization. Page 1 City of Clearwater Printed on 2/18/2026 1) Quality Sod & Landscape LLc 2) Sunbelt Sod & Grading Co. 18402 US Hwy 41 819 9th St. NE Spring Hill, FL 34610 Ruskin, FL 33570352-593-5830 813-641-9855 Certified: SBE, MBE, DBE 3) Tom's Sod Service Inc. 11413 49th St N Clearwater, FL 33762 727-571-1119 ADVERTISED: TAMPA BAY TIMES 1/17/2024 POSTED:myclearwater.com 01/12/24 - 2/13/24 FOR THE CITY OF CLEARWATER Due/Opening: February 13, 2024; 10:00 a.m. INVITATION TO BID No. 19-24 Sod Material and Installation Services Solicitation Response Listing v. 11.2018 Procurement Division 100 S Myrtle Ave 33756-5520 PO Box 4748 33758-4748 Clearwater FL 727-562-4633 INVITATION TO BID #19-24 Sod Material and Installation Services January 12, 2024 NOTICE IS HEREBY GIVEN that sealed bids will be received by the City of Clearwater (City) until 10:00 A.M., Local Time, February 13, 2024, to provide Sod Material and Installation Services. Brief Description: The City of Clearwater seeks to establish an as-needed term contract for sod material and installation services. Specific requirements include, but are not limited to sod material, installation, delivery, fertilizer, watering coordination, labor, and warranty. Bids must be in accordance with the provisions, specifications and instructions set forth herein and will be received by the Procurement Division until the above noted time, when they will be publicly acknowledged and accepted. Bid packets, any attachments and addenda are available for download at: https://www.myclearwater.com/business/rfp Please read the entire solicitation package and submit the bid in accordance with the instructions. This document (less this invitation and the instructions) and any required response documents, attachments, and submissions will constitute the bid. General, Process or Technical Questions concerning this solicitation should be directed, IN WRITING, to the following Procurement Analyst: Krissie Cook Procurement Analyst Kristina.Cook@myclearwater.com This Invitation to Bid is issued by: Lori Vogel, CPPB Procurement Manager lori.vogel@myclearwater.com INSTRUCTIONS Sod Material and Installation Services 2 ITB #19-24 i.1 VENDOR QUESTIONS: All questions regarding the contents of this solicitation, and solicitation process (including requests for ADA accommodations), shall be directed solely to the contact listed on page 1. Questions should be submitted in writing via letter, fax or email. Questions received less than ten (10) calendar days prior to the due date and time may be answered at the discretion of the City. i.2 ADDENDA/CLARIFICATIONS: Any changes to the specifications will be in the form of an addendum. Addenda are posted on the City website no less than seven (7) days prior to the Due Date. Vendors are cautioned to check the Purchasing Website for addenda and clarifications prior to submitting their bid. The City cannot be held responsible if a vendor fails to receive any addenda issued. The City shall not be responsible for any oral changes to these specifications made by any employees or officer of the City. Failure to acknowledge receipt of an addendum may result in disqualification of a bid. i.3 VENDOR CONFERENCE / SITE VISIT: Yes No Mandatory Attendance: Yes No If so designated above, attendance is mandatory as a condition of submitting a bid. The conference/site visit provides interested parties an opportunity to discuss the City's needs, inspect the site and ask questions. During any site visit you must fully acquaint yourself with the conditions as they exist and the character of the operations to be conducted under the resulting contract. i.4 DUE DATE & TIME FOR SUBMISSION AND OPENING: Date: February 13, 2024 Time: 10:00 A.M. (Local Time) The City will open all bids properly and timely submitted and will record the names and other information specified by law and rule. All bids become the property of the City and will not be returned except in the case of a late submission. Respondent names, as read at the bid opening, will be posted on the City website. Once a notice of intent to award is posted or 30 days from day of opening elapses, whichever occurs earlier, bids are available for inspection by contacting the Procurement Division. i.5 BID FIRM TIME: 90 days from Opening Bid shall remain firm and unaltered after opening for the number of days shown above. The City may accept the bid, subject to successful contract negotiations, at any time during this time. i.6 BID SECURITY: Yes No If so designated above, a bid security in the amount specified must be submitted with the bid. The security may be submitted in any one of the following forms: an executed surety bond issued by a firm licensed and registered to transact such business with the State of Florida; cash; certified check, or cashier's check payable to the City of Clearwater (personal or company checks are not acceptable); certificate of deposit or any other form of deposit issued by a financial institution and acceptable to the City. Such bid security shall be forfeited to the City of Clearwater should the bidder selected fail to execute a contract when requested. PERFORMANCE SECURITY: Yes No If required herein, the Contractor, simultaneously with the execution of the Contract, will be required to furnish a performance security. The security may be submitted in one-year increments and in any one of the following forms: an executed surety bond issued by a firm licensed and registered to transact such business with the State of Florida; cash; certified check, cashier's check or money order payable to the City of Clearwater (personal and company checks are not acceptable); certificate of deposit or any other form of deposit issued by a financial institution and acceptable to INSTRUCTIONS Sod Material and Installation Services 3 ITB #19-24 the City. If the Contractor fails or refuses to fully comply with the terms and conditions of the contract, the City shall have the right to use all or such part of said security as may be necessary to reimburse the City for loss sustained by reason of such breach. The balance of said security, if any, will be returned to Contractor upon the expiration or termination of the contract. i.7 BID SUBMITTAL TO: It is recommended that bids be submitted electronically through our bids website at https://www.myclearwater.com/business/rfp Bidders may mail or hand-deliver bids to the address below. E-mail or fax submissions will not be accepted. Use label at the end of this solicitation package. City of Clearwater Attn: Procurement Division 100 S Myrtle Ave, 3rd Fl, Clearwater FL 33756-5520 or PO Box 4748, Clearwater FL 33758-4748 No responsibility will attach to the City of Clearwater, its employees or agents for premature opening of a bid that is not properly addressed and identified. i.8 LATE BIDS. The bidder assumes responsibility for having the bid delivered on time at the place specified. All bids received after the date and time specified shall not be considered and will be returned unopened to the bidder. The bidder assumes the risk of any delay in the mail or in handling of the mail by employees of the City of Clearwater, or any private courier, regardless whether sent by mail or by means of personal delivery. You must allow adequate time to accommodate all registration and security screenings at the delivery site. A valid photo I.D. may be required. It shall not be sufficient to show that you mailed or commenced delivery before the due date and time. All times are Clearwater, Florida local times. The bidder agrees to accept the time stamp in the City Procurement Office as the official time. i.9 LOBBYING; LOBBYING NO-CONTACT PERIOD; QUESTIONS REGARDING SOLICITATION. From the time a competitive solicitation is posted until such time as the contract is awarded by the city or the solicitation is cancelled, all bidders, offerors, respondents, including their employees, representatives, and other individuals acting on their behalf, shall be prohibited from lobbying city officers, city employees, and evaluation committee members. Violation of this section may result in rejection/disqualification from award of the contract arising out of the competitive solicitation. All questions regarding the competitive solicitation must be directed to the procurement manager or designee, who will respond in writing and post such response to ensure that all respondents receive the same information during the No-Contact Period. The penalty for violating the No-Contact Period may include suspension or debarment. i.10 COMMENCEMENT OF WORK. If bidder begins any billable work prior to the City’s final approval and execution of the contract, bidder does so at its own risk. i.11 RESPONSIBILITY TO READ AND UNDERSTAND. Failure to read, examine and understand the solicitation will not excuse any failure to comply with the requirements of the solicitation or any resulting contract, nor shall such failure be a basis for claiming additional compensation. If a vendor suspects an error, omission or discrepancy in this solicitation, the vendor must immediately and in any case not later than seven (7) business days in advance of the due date notify the contact on page one (1). The City is not responsible for and will not pay any costs associated with the preparation and submission of the bid. Bidders are cautioned to verify their bids before submission, INSTRUCTIONS Sod Material and Installation Services 4 ITB #19-24 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. i.12 FORM AND CONTENT OF BIDS. Unless otherwise instructed or allowed, bids shall be submitted on the forms provided. An original and the designated number of copies of each bid are required. Bids, including modifications, must be submitted in ink, typed, or printed form and signed by an authorized representative. Please line through and initial rather than erase changes. If the bid is not properly signed or if any changes are not initialed, it may be considered non-responsive. In the event of a disparity between the unit price and the extended price, the unit price shall prevail unless obviously in error, as determined by the City. The City may require that an electronic copy of the bid be submitted. The bid must provide all information requested and must address all points. The City does not encourage exceptions. The City is not required to grant exceptions and depending on the exception, the City may reject the bid. i.13 SPECIFICATIONS. Technical specifications define the minimum acceptable standard. When the specification calls for “Brand Name or Equal,” the brand name product is acceptable. Alternates will be considered upon demonstrating the other product meets stated specifications and is equivalent to the brand product in terms of quality, performance and desired characteristics. Minor differences that do not affect the suitability of the supply or service for the City’s needs may be accepted. Burden of proof that the product meets the minimum standards or is equal to the brand name, product, is on the bidder. The City reserves the right to reject bids that the City deems unacceptable. i.14 MODIFICATION / WITHDRAWAL OF BID. Written requests to modify or withdraw the bid received by the City prior to the scheduled opening time will be accepted and will be corrected after opening. No oral requests will be allowed. Requests must be addressed and labeled in the same manner as the bid and marked as a MODIFICATION or WITHDRAWAL of the bid. Requests for withdrawal after the bid opening will only be granted upon proof of undue hardship and may result in the forfeiture of any bid security. Any withdrawal after the bid opening shall be allowed solely at the City’s discretion. i.15 DEBARMENT DISCLOSURE. If the vendor submitting this bid has been debarred, suspended, or otherwise lawfully precluded from participating in any public procurement activity, including being disapproved as a subcontractor with any federal, state, or local government, or if any such preclusion from participation from any public procurement activity is currently pending, the bidder shall include a letter with its bid identifying the name and address of the governmental unit, the effective date of this suspension or debarment, the duration of the suspension or debarment, and the relevant circumstances relating the suspension or debarment. i.16 RESERVATIONS. The City reserves the right to reject any or all bids or any part thereof; to rebid the solicitation; to reject non-responsive or non-responsible bids; to reject unbalanced bids; to reject bids where the terms, prices, and/or awards are conditioned upon another event; to reject individual bids for failure to meet any requirement; to award by item, part or portion of an item, group of items, or total; to make multiple awards; to waive minor irregularities, defects, omissions, technicalities or form errors in any bid. The City may seek clarification of the bid from bidder at any time, and failure to respond is cause for rejection. Submission of a bid confers on bidder no right to an award or to a subsequent contract. The City is charged by its Charter to make an award that is in the best interest of the City. All decisions on compliance, evaluation, terms and conditions shall be made solely at the City’s discretion and made to favor the City. No binding contract will exist between the bidder and the City until the City executes a written contract or purchase order. i.17 OFFICIAL SOLICITATION DOCUMENT. Changes to the solicitation document made by a bidder may not be acknowledged or accepted by the City. Award or execution of a contract does not constitute acceptance of a changed term, condition or specification unless specifically acknowledged and agreed to by the City. The copy maintained and published by the City shall be the official solicitation document. INSTRUCTIONS Sod Material and Installation Services 5 ITB #19-24 i.18 COPYING OF BIDS. Bidder hereby grants the City permission to copy all parts of its bid, including without limitation any documents and/or materials copyrighted by the bidder. The City’s right to copy shall be for internal use in evaluating the proposal. i.19 CONTRACTOR ETHICS. It is the policy of the City to promote courtesy, fairness, impartiality, integrity, service, professionalism, economy, and government by law in the Procurement process. The responsibility for implementing this policy rests with each individual who participates in the Procurement process, including Respondents and Contractors. To achieve the purpose of this Article, it is essential that Respondents and Contractors doing business with the City also observe the ethical standards prescribed herein. It shall be a breach of ethical standards to: a. Exert any effort to influence any City employee or agent to breach the standards of ethical conduct. b. Intentionally invoice any amount greater than provided in Contract or to invoice for Materials or Services not provided. c. Intentionally offer or provide sub-standard Materials or Services or to intentionally not comply with any term, condition, specification or other requirement of a City Contract. i.20 GIFTS. The City will accept no gifts, gratuities or advertising products from bidders or prospective bidders and affiliates. The City may request product samples from vendors for product evaluation. i.21 RIGHT TO PROTEST. Pursuant to Section 2.562(3), Clearwater Code of Ordinances, a bidder who submitted a response to a competitive solicitation and was not selected may appeal the decision through the bid protest procedures, a copy of which shall be available in the Procurement Division. A protesting bidder must include a fee of one percent of the amount of the bid or proposed contract to offset the City’s additional expenses related to the protest. This fee shall not exceed $5,000.00 nor be less than $50.00. Full refund will be provided should the protest be upheld. No partial refunds will be made. ADDRESS PROTESTS TO: City of Clearwater – Procurement Division 100 S Myrtle Ave, 3rd Fl Clearwater FL 33756-5520 or PO Box 4748 Clearwater FL 33758-4748 INSTRUCTIONS – EVALUATION Sod Material and Installation Services 6 ITB #19-24 i.22 EVALUATION PROCESS. Bids will be reviewed by the Procurement Division and representative(s) of the respective department(s). The City staff may or may not initiate discussions with bidders for clarification purposes. Clarification is not an opportunity to change the bid. Bidders shall not initiate discussions with any City employee or official. 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. i.23 PRESENTATIONS/INTERVIEWS. The bidder must provide a formal presentation/interview upon request. i.24 CRITERIA FOR EVALUATION AND AWARD. The City evaluates three (3) categories of information: responsiveness, responsibility, and price. All bids must meet the following responsiveness and responsibility criteria to be considered further. a) Responsiveness. The City will determine whether the bid complies with the instructions for submitting bids including completeness of bid which encompasses the inclusion of all required attachments and submissions. The City must reject any bids that are submitted late. Failure to meet other requirements may result in rejection. b) Responsibility. The City will determine whether the bidder is one with whom it can or should do business. Factors that the City may evaluate to determine "responsibility" include, but are not limited to: excessively high or low priced bids, past performance, references (including those found outside the bid), compliance with applicable laws-including tax laws, bidder's record of performance and integrity - e.g. has the bidder been delinquent or unfaithful to any contract with the City, whether the bidder is qualified legally to contract with the City, financial stability and the perceived ability to perform completely as specified. A bidder must at all times have financial resources sufficient, in the opinion of the City, to ensure performance of the contract and must provide proof upon request. City staff may also use Dun & Bradstreet and/or any generally available industry information. The City reserves the right to inspect and review bidder’s facilities, equipment and personnel and those of any identified subcontractors. The City will determine whether any failure to supply information, or the quality of the information, will result in rejection. c) Price. We will then evaluate the bids that have met the requirements above. i.25 COST JUSTIFICATION. In the event only one response is received, the City may require that the bidder submit a cost proposal in sufficient detail for the City to perform a cost/price analysis to determine if the bid price is fair and reasonable. i.26 CONTRACT NEGOTIATIONS AND ACCEPTANCE. Bidder must be prepared for the City to accept the bid as submitted. If bidder fails to sign all documents necessary to successfully execute the final contract within a reasonable time as specified, or negotiations do not result in an acceptable agreement, the City may reject bid or revoke the award, and may begin negotiations with another bidder. Final contract terms must be approved or signed by the appropriately authorized City official(s). No binding contract will exist between the bidder and the City until the City executes a written contract or purchase order. i.27 NOTICE OF INTENT TO AWARD. Notices of the City’s intent to award a Contract are posted to Purchasing’s website. It is the bidder’s responsibility to check the City of Clearwater’s website at https://www.myclearwater.com/business/rfp to view relevant bid information and notices. i.28 BID TIMELINE. Dates are tentative and subject to change. Release ITB: January 12, 2024 Advertise Tampa Bay Times: January 17, 2024 Bids due: February 13, 2024 Review bids: February 13 – 20, 2024 Award recommendation: February 20, 2024 Council authorization: March 2024 Contract begins: March 2024 STANDARD TERMS AND CONDITIONS Sod Material and Installation Services 7 ITB #19-24 S.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”. S.2 INDEPENDENT CONTRACTOR. It is expressly understood that the relationship of Contractor to the City will be that of an independent contractor. Contractor and all persons employed by Contractor, either directly or indirectly, are Contractor’s employees, not City employees. Accordingly, Contractor and Contractor’s employees are not entitled to any benefits provided to City employees including, but not limited to, health benefits, enrollment in a retirement system, paid time off or other rights afforded City employees. Contractor employees will not be regarded as City employees or agents for any purpose, including the payment of unemployment or workers’ compensation. If any Contractor employees or subcontractors assert a claim for wages or other employment benefits against the City, Contractor will defend, indemnify and hold harmless the City from all such claims. S.3 SUBCONTRACTING. Contractor may not subcontract work under this Agreement without the express written permission of the City. If Contractor has received authorization to subcontract work, it is agreed that all subcontractors performing work under the Agreement must comply with its provisions. Further, all agreements between Contractor and its subcontractors must provide that the terms and conditions of this Agreement be incorporated therein. S.4 ASSIGNMENT. This Agreement may not be assigned either in whole or in part without first receiving the City’s written consent. Any attempted assignment, either in whole or in part, without such consent will be null and void and in such event the City will have the right at its option to terminate the Agreement. No granting of consent to any assignment will relieve Contractor from any of its obligations and liabilities under the Agreement. S.5 SUCCESSORS AND ASSIGNS, BINDING EFFECT. This Agreement will be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns. S.6 NO THIRD PARTY BENEFICIARIES. This Agreement is intended for the exclusive benefit of the parties. Nothing set forth in this Agreement is intended to create, or will create, any benefits, rights, or responsibilities in any third parties. S.7 NON- EXCLUSIVITY. The City, in its sole discretion, reserves the right to request the materials or services set forth herein from other sources when deemed necessary and appropriate. No exclusive rights are encompassed through this Agreement. S.8 AMENDMENTS. There will be no oral changes to this Agreement. This Agreement can only be modified in a writing signed by both parties. No charge for extra work or material will be allowed unless approved in writing, in advance, by the City and Contractor. S.9 TIME OF THE ESSENCE. Time is of the essence to the performance of the parties’ obligations under this Agreement. S.10 COMPLIANCE WITH APPLICABLE LAWS. a. General. Contractor must procure all permits and licenses, and pay all charges and fees necessary and incidental to the lawful conduct of business. Contractor must stay fully informed of existing and future federal, state, and local laws, ordinances, 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 STANDARD TERMS AND CONDITIONS Sod Material and Installation Services 8 ITB #19-24 in writing by Contractor that they are prohibited from the manufacture, distribution, dispensation, possession, or unlawful use of a controlled substance in the workplace. Contractor agrees to prohibit the use of intoxicating substances by all Contractor personnel and will ensure that Contractor personnel do not use or possess illegal drugs while in the course of performing their duties. c. Federal and State Immigration Laws. Contractor agrees to comply with the Immigration Reform and Control Act of 1986 (IRCA) in performance under this Agreement and to permit the City and its agents to inspect applicable personnel records to verify such compliance as permitted by law. Contractor will ensure and keep appropriate records to demonstrate that all Contractor personnel have a legal right to live and work in the United States. (i) As applicable to Contractor, under this provision, Contractor hereby warrants to the City that Contractor and each of its subcontractors will comply with, and are contractually obligated to comply with, all federal immigration laws and regulations that relate to their employees (hereinafter “Contractor Immigration Warranty”). (ii) A breach of the Contractor Immigration Warranty will constitute as a material breach of this Agreement and will subject Contractor to penalties up to and including termination of this Agreement at the sole discretion of the City. (iii) The City retains the legal right to inspect the papers of all Contractor personnel who provide services under this Agreement to ensure that Contractor or its subcontractors are complying with the Contractor Immigration Warranty. Contractor agrees to assist the City in regard to any such inspections. (iv) The City may, at its sole discretion, conduct random verification of the employment records of Contractor and any subcontractor to ensure compliance with the Contractor Immigration Warranty. Contractor agrees to assist the City in regard to any random verification performed. (v) Neither Contractor nor any subcontractor will be deemed to have materially breached the Contractor Immigration Warranty if Contractor or subcontractor establishes that it has complied with the employment verification provisions prescribed by Sections 274A and 274B of the Federal Immigration and Nationality Act. d. Nondiscrimination. Contractor represents and warrants that it does not discriminate against any employee or applicant for employment or person to whom it provides services because of race, color, religion, sex, national origin, or disability, and represents and warrants that it complies with all applicable federal, state, and local laws and executive orders regarding employment. Contractor and Contractor’s personnel will comply with applicable provisions of Title VII of the U.S. Civil Rights Act of 1964, as amended, Section 504 of the Federal Rehabilitation Act, the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.), and applicable rules in performance under this Agreement. S.11 SALES/USE TAX, OTHER TAXES. Contractor is responsible for the payment of all taxes including federal, state, and local taxes related to or arising out of Contractor’s services under this Agreement, including by way of illustration but not limitation, federal and state income tax, Social Security tax, unemployment insurance taxes, and any other taxes or business license fees as required. If any taxing authority should deem Contractor or Contractor employees an employee of the City or should otherwise claim the City is liable for the payment of taxes that are Contractor’s responsibility under this Agreement, Contractor will indemnify the City for any tax liability, interest, and penalties imposed upon the City. The City is exempt from paying state and local sales/use taxes and certain federal excise taxes and will furnish an exemption certificate upon request. S.12 AMOUNTS DUE THE CITY. Contractor must be current and remain current in all obligations due to the City during the performance of services under the Agreement. Payments to Contractor may be offset by any delinquent amounts due the City or fees and charges owed to the City. STANDARD TERMS AND CONDITIONS Sod Material and Installation Services 9 ITB #19-24 S.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: 727-562-4092 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. 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 STANDARD TERMS AND CONDITIONS Sod Material and Installation Services 10 ITB #19-24 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. S.14 AUDITS AND RECORDS. Contractor must preserve the records related to this Agreement for five (5) years after completion of the Agreement. The City or its authorized agent reserves the right to inspect any records related to the performance of work specified herein. In addition, the City may inspect any and all payroll, billing or other relevant records kept by Contractor in relation to the Agreement. Contractor will permit such inspections and audits during normal business hours and upon reasonable notice by the City. The audit of records may occur at Contractor’s place of business or at City offices, as determined by the City. S.15 BACKGROUND CHECK. The City may conduct criminal, driver history, and all other requested background checks of Contractor personnel who would perform services under the Agreement or who will have access to the City’s information, data, or facilities in accordance with the City’s current background check policies. Any officer, employee, or agent that fails the background check must be replaced immediately for any reasonable cause not prohibited by law. S.16 SECURITY CLEARANCE AND REMOVAL OF CONTRACTOR PERSONNEL. The City will have final authority, based on security reasons: (i) to determine when security clearance of Contractor personnel is required; (ii) to determine the nature of the security clearance, up to and including fingerprinting Contractor personnel; and (iii) to determine whether or not any individual or entity may provide services under this Agreement. If the City objects to any Contractor personnel for any reasonable cause not prohibited by law, then Contractor will, upon notice from the City, remove any such individual from performance of services under this Agreement. S.17 DEFAULT. a. A party will be in default if that party: (i) is or becomes insolvent or is a party to any voluntary bankruptcy or receivership proceeding, makes an assignment for a creditor, or there is any similar action that affects Contractor’s capability to perform under the Agreement; (ii) is the subject of a petition for involuntary bankruptcy not removed within sixty (60) calendar days; (iii) conducts business in an unethical manner or in an illegal manner; or (iv) fails to carry out any term, promise, or condition of the Agreement. b. Contractor will be in default of this Agreement if Contractor is debarred 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 STANDARD TERMS AND CONDITIONS Sod Material and Installation Services 11 ITB #19-24 assurance of its intent and ability to perform. In the event that the demand is made and no written assurance is given within five (5) calendar days, the City may treat this failure as an anticipatory repudiation of the Agreement. S.18 REMEDIES. The remedies set forth in this Agreement are not exclusive. Election of one remedy will not preclude the use of other remedies. In the event of default: a. The non-defaulting party may terminate the Agreement, and the termination will be effective immediately or at such other date as specified by the terminating party. b. The City may purchase the services required under the Agreement from the open market, complete required work itself, or have it completed at the expense of Contractor. If the cost of obtaining substitute services exceeds the contract price, the City may recover the excess cost by: (i) requiring immediate reimbursement to the City; (ii) deduction from an unpaid balance due to Contractor; (iii) collection against the proposal and/or performance security, if any; (iv) collection against liquidated damages (if applicable); or (v) a combination of the aforementioned remedies or other remedies as provided by law. Costs includes any and all, fees, and expenses incurred in obtaining substitute services and expended in obtaining reimbursement, including, but not limited to, administrative expenses, attorneys’ fees, and costs. c. The non-defaulting party will have all other rights granted under this Agreement and all rights at law or in equity that may be available to it. d. Neither party will be liable for incidental, special, or consequential damages. S.19 CONTINUATION DURING DISPUTES. Contractor agrees that during any dispute between the parties, Contractor will continue to perform its obligations until the dispute is settled, instructed to cease performance by the City, enjoined or prohibited by judicial action, or otherwise required or obligated to cease performance by other provisions in this Agreement. S.20 TERMINATION FOR CONVENIENCE. The City reserves the right to terminate this Agreement at its convenience, in part or in whole, upon thirty (30) calendar days’ written notice. S.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. S.22 TERMINATION FOR NON-APPROPRIATION AND MODIFICATION FOR BUDGETARY CONSTRAINT. The City is a governmental agency which relies upon the appropriation of funds by its governing body to satisfy its obligations. If the City reasonably determines, 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. S.23 PAYMENT TO CONTRACTOR UPON TERMINATION. Upon termination of this Agreement, Contractor will be entitled only to payment for those services performed up to the date of termination, and any authorized expenses already incurred up to such date of termination. The City will make final payment within thirty (30) calendar days after the City has both completed its appraisal of the materials and services provided and received Contractor’s properly prepared final invoice. S.24 NON-WAIVER OF RIGHTS. There will be no waiver of any provision of this Agreement unless approved in writing and signed by the waiving party. Failure or delay to exercise any rights or remedies provided herein or by law or in equity, or the acceptance of, or payment for, any services hereunder, will not release the other party of any of the warranties or other obligations of the Agreement and will not be deemed a waiver of any such rights or remedies. S.25 INDEMNIFICATION/LIABILITY. STANDARD TERMS AND CONDITIONS Sod Material and Installation Services 12 ITB #19-24 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. S.26 WARRANTY. Contractor warrants that the services and materials will conform to the requirements of the Agreement. Additionally, Contractor warrants that all services will be performed in a good, workman-like, and professional manner. The City’s acceptance of service or materials provided by Contractor will not relieve Contractor from its obligations under this warranty. If any materials or services are of a substandard or unsatisfactory manner as determined by the City, Contractor, at no additional charge to the City, will provide materials or redo such services until in accordance with this Agreement and to the City’s reasonable satisfaction. Unless otherwise agreed, Contractor warrants that materials will be new, unused, of most current manufacture and not discontinued, will be free of defects in materials and workmanship, will be provided in accordance with manufacturer's standard warranty for at least one (1) year unless otherwise specified, and will perform in accordance with manufacturer's published specifications. If applicable, this paragraph shall be construed in harmony with F. S. § 725.06. S.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. S.28 NO GUARANTEE OF WORK. Contractor acknowledges and agrees that it is not entitled to deliver any specific amount of materials or services or any materials or services at all under this Agreement and acknowledges and agrees that the materials or services will be requested by the City on an as needed basis at the sole discretion of the City. Any document referencing quantities or performance frequencies represent the City's best estimate of current requirements, but will not bind the City to purchase, accept, or pay for materials or services which exceed its actual needs. S.29 OWNERSHIP. All deliverables, services, and information provided by Contractor or the City pursuant to this Agreement (whether electronically or manually generated) including without limitation, reports, test plans, and survey results, graphics, and technical tables, originally prepared in the performance of this Agreement, are the property of the City and will not be used or released by Contractor or any other person except with prior written permission by the City. S.30 USE OF NAME. Contractor will not use the name of the City of Clearwater in any advertising or publicity without obtaining the prior written consent of the City. S.31 FOB DESTINATION FREIGHT PREPAID AND ALLOWED. All deliveries will be FOB destination freight prepaid and allowed unless otherwise agreed. STANDARD TERMS AND CONDITIONS Sod Material and Installation Services 13 ITB #19-24 S.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. S.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. S.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. S.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. S.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). S.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. S.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. STANDARD TERMS AND CONDITIONS Sod Material and Installation Services 14 ITB #19-24 S.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. S.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. S.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. S.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. S.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. S.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. S.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 Sod Material and Installation Services 15 ITB #19-24 1. INTRODUCTION. The City of Clearwater (City) is a coastal community on the West Coast of Florida and the third largest city in the Tampa Bay region with an estimated 118,904 residents. Clearwater Beach is an international tourist destination that brings millions of tourists to Pinellas County annually and was selected as the “Number One Beach in America” in the 2018 and 2019 TripAdvisor Travelers’ Choice Awards and regularly ranks as a top vacation destination in both domestic and international publications. An ideal year-round destination for travelers of all ages and interests, Clearwater boasts miles of pristine “sugar sand” beaches, provides a wide variety of casual and fine dining options, and is home to Philadelphia Phillies Spring Training and Clearwater Threshers Minor League Baseball. Clearwater Marine Aquarium remains a consistent draw for visitors and is nationally recognized for its groundbreaking work in marine rescue, rehabilitation, and release. The City of Clearwater is committed to ensuring that we have a sustainable city through green measures focusing on our economy, environment, and community. 2. SCOPE OF WORK. The City seeks to establish as-needed term contract(s) for sod materials and services. Specific requirements include, but are not limited to: sod material, installation, fertilization, watering coordination, labor, delivery, and warranty. Athletic fields are excluded from this contract. Sod types shall include but are not limited to:  (Cynodon dactylon x C. transvaalensis germplasma) - Tifway 419 Bermuda Sod  (Cynodon dactylon (L.) Pers. xc. transvaalensis Burtt-Davy) - Latitude 36™ Bermuda Sod  (Cynodon dactylon ‘Celebration’) - Celebration Bermuda® Sod  Cynodon dactylon - TifTuf™ Bermuda Sod  (Paspalum notatum ‘Pensacola’) - Bahia Sod  (Paspalum vaginatum) - Seashore Paspalum Sod  (Stenotaphrum secundatum ‘CitraBlue’) - St. Augustine Citra Blue Sod  (Stenotaphrum secundatum ‘floratam’) - St. Augustine Floratam Sod  (Stenotaphrum secundatum ‘Floratine’) - St. Augustine Floratine Sod  (Stenotaphrum secundatum ‘Palmetto’) - St. Augustine Palmetto Sod  (Stenotaphrum secundatum ‘Seville’) –St. Augustine Seville Sod  (Stenotaphrum secundatum ‘ProVista’) –St. Augustine Scott’s ProVista Sod  (Zoysia japonica x Zoysia pacifica ’Emerald’) – Emerald Zoysiagrass  (Zoysia japonica x Zoysia matrella ’Empire’) – Empire Zoysiagrass  (Zoysia matrella x Zoysia japonica ‘CitraZoy’) – CitraZoy Zoysiagrass The estimated project sizes for installation and delivery, measured by square feet (ft²), are indicated on Exhibit A - Bid Pricing Sheet. Unique or unforeseen circumstances that require the use of other sod types will be at the City’s sole discretion and shall be quoted by the awarded Vendor(s) on a case-by-case basis. 2.1 GENERAL REQUIREMENTS. • Vendor shall supply all services required (material, equipment, labor, transportation) for each sod order placed by the City. • The City shall have the ability to conduct field observations to assure quality meets City expectations. • Upon request by the City, specific varieties of sod shall come with a letter of certification from the grower authenticating the sod being bought is what was requested. • All sod materials and services shall conform to the Florida Department of Transportation (FDOT) Standard Specifications for Road and Bridge Construction, latest edition, Sections 570, 981 and 982 (restricted). Section 983 shall apply for any optional watering operations. DETAILED SPECIFICATIONS Sod Material and Installation Services 16 ITB #19-24 • Sod shall be free of insects and weeds. Sod shall be free of noxious weeds, exotic pest plants, plant parts or seeds as listed in the most current Category I “List of Invasive Species” from the Florida Exotic Pest Plant Council (FLEPPC). Website: http://www.fleppc.org. • Certification from the Florida Department of Agriculture and Consumer Services for the types of sod purchased through this contract shall be provided upon request. • Sod shall be mowed forty-eight hours (48 hrs.) prior to cutting for delivery or installation. • Sod shall be cut for delivery or installation no more than twenty-four hours (24 hrs.) in advance, unless otherwise approved by the City. • It is the Vendor’s responsibility to contact 811 "Call Before You Dig" forty-eight hours (48 hrs.) prior to the start of any excavations within the designated work area to ascertain the location of underground utilities. • The Vendor shall be responsible for maintaining sod material during the installation process, including weed control, to provide a successful end product. • Project debris shall be removed from site and taken to the appropriate disposal facilities, unless otherwise indicated by the City. • City of Clearwater roll-off containers shall be used when it is determined that projects require disposal on-site. The City will provide or pay for the roll-off container, if required. Telephone contact information for the Solid Waste Department is 727-562-4920. • Any seasonal unavailability or quality issues affecting sod purchases shall be communicated to the City as soon as possible. • Unprofessional conduct by the Vendor or its employees will not be tolerated and may be grounds for contract termination. Any issues shall be brought to the attention of the City’s representative for resolution. 2.2 DELIVERY OF SOD MATERIAL. • Sod shall be delivered and off-loaded by the vendor at the site location specified by the City, unless otherwise directed by the City representative. 2.3 SOD MATERIAL SERVICE OPTIONS. • The City requires three (3) service options. These options may be requested for any sod types purchased under the resulting contract(s): Option 1: The Vendor shall provide a finish grade to match the existing field grade and provide minimal hand raking of any delivery equipment tire tracks. The Vendor shall provide, install, and roll new sod to a grade compatible with existing grass and structures. All required watering during the preparation and install phases shall be coordinated with the City as stated herein. Option 2: The Vendor shall remove all existing grass, weeds and vegetation. Upon removal completion, Vendor shall provide a rough and finish grade within plus or minus (+/-) four inches (4”) of the existing sub grade and provide minimal hand raking of any delivery equipment tire tracks. The Vendor shall provide, install and roll new sod to a grade compatible with existing grass and other structures. All required watering during the preparation and install phases shall be coordinated with the City as stated herein. Option 3: Deliver and/or pick-up ONLY. Sod shall be delivered on pallets and off-loaded by the vendor at the site location specified by the City. City staff shall also have the ability to pick-up sod DETAILED SPECIFICATIONS Sod Material and Installation Services 17 ITB #19-24 from vendor’s facility as needed. • The “finish grade” for options 1 and 2 is not required to be laser graded, however, if awarded vendor wishes to laser grade, that would be at the vendor’s discretion and no additional cost to the City. • The Vendor shall be required to install the sod as shown on the landscape drawings, or as directed by the City for each project. Sod installation projects may require a preconstruction conference to provide a work schedule and may be used to establish milestone payments for the work completed by the Vendor. The Vendor shall assess the scope of service for the project, determine square footage of the work to be completed, and provide a written estimate to the City. There shall be no additional charge to the City for job site inspections, preconstruction meeting attendance, assessments and/or written estimates. • The Vendor shall coordinate work with other contractors during sod installation projects, as required. • The Vendor shall inspect the installation surface prior to delivery and installation of sod. • The Vendor will be responsible for providing any rollers that may be required to prepare, install, and complete sod services. All new sod shall be rolled with a ride-on roller to ensure soil to sod root contact eliminating air pockets and creating a smooth level surface. • Services shall comply with all local and county government ordinances and laws concerning fertilizer nutrients. • Rolls and pallet sod shall be placed in a manner that ensures the edges remain in close contact and that gaps are not present between sod pieces. • The City will provide all required watering using existing irrigation systems. In the event that an irrigation system is unavailable, the watering will be completed using the City’s water truck. • The Vendor shall be responsible for communicating expected delivery and installation times with the City to ensure the following watering requirements can be coordinated:  Sufficient watering of graded surface before sod installation  Thorough watering of sod immediately after installation  A continued watering schedule, as dictated by sun exposure, soil, heat and rain conditions, to encourage the growth of newly installed sod. • The Vendor shall be required to confirm the location of irrigation heads with the appropriate contractor prior to beginning sod installation projects and shall cut sod in a manner that allows irrigation heads to pop up and operate freely. • After initial watering, Vendor shall compact installed sod to a uniform finished grade using a riding roller weighing a minimum of one thousand pounds (1,000 lbs.). The Vendor shall roll the sod once from each perpendicular direction. Sod rolling shall be rolled in two directions, upon completion of first roll the sod areas shall be rolled again (second roll) at different direction ninety degrees (90º) from first rolling. • In sloped areas, the sod must be placed to prohibit the erosion and undermining of the foundation of adjacent sidewalks. The Vendor will be required to pin each piece of sod in alternating rows using two (2) eight-inch (8”) wire staples. DETAILED SPECIFICATIONS Sod Material and Installation Services 18 ITB #19-24 • Staking will be required on slopes greater than two-to-one (2:1), or in any other areas as requested by the City, in order to prevent sod movement. Vendor shall request approval from the City prior to initiating any sod material installation that requires staking. 2.4 ACCEPTANCE. • Sod shall be inspected by the City prior to installation at the site or acceptance of delivery. • Sod shall be removed from the site immediately upon rejection and replaced by the Vendor at no additional cost to the City. Reasons for rejection may include, but are not limited to:  Sod containing more than one percent (1%) of weeds  Sod containing insects  Dead sod  Incorrect type of sod • Near the completion of a sod installation project, the City and Vendor will conduct a walkthrough inspection and develop a punch list of any outstanding items. The Vendor must complete the items noted on the punch list within three (3) calendar days of receipt. The Vendor will be required to schedule and conduct a follow-up inspection with the City after any outstanding issues have been resolved. • Thirty (30) days after installation, representatives of both the City and the Vendor shall visit the site(s) to assess the completed work. A determination of any replacement needs, and additional watering requirements will be made at that time. • Healthy turf establishment shall be defined as green turf with observed growth and evidence of a developed root structure into the underlying soil. • The Vendor shall replace any sod that has declined, dried out, and/or failed to develop a root structure into the soil. Sod replacement shall occur within fourteen (14) days of the site assessment. All replacement materials and services shall be subject to the requirements set forth in this solicitation and must be guaranteed for thirty (30) days from the replacement date. Replacement sod shall be marked with flags for watering and guarantee purposes. Sod replacement material and associated labor and delivery shall be at no additional cost to the City. 2.5 PAYMENT. • The all-inclusive square foot (ft²) cost for Option 1 & 2 shall include all sod, fertilization, watering, installation, labor, delivery, equipment, rolling, and materials required for this work and shall be paid on the basis of each square foot (ft²) delivered, installed, and accepted. • Delivery tickets shall be provided to the City at the time of material delivery or upon installation. Tickets shall include, at a minimum; the type of sod, quantity order, name of who placed the order and delivery location. • The Vendor shall submit an invoice to the City upon completion of the project. The invoice shall properly reference the purchase contract number, invoice number, itemized costs for the project, the total value of the project and the amount of payment due. No payment will be made in excess of the actual work completed by the Vendor. Large projects involving multiple contractors may require that sod installation be completed incrementally, with invoices being issued as such. • The terms of payment shall be by electronic funds transfer (EFT) / automated clearing house (ACH) or Net thirty (30) days and will be subject to acceptance of services. There will be no hand delivery of payment to the Vendor. DETAILED SPECIFICATIONS Sod Material and Installation Services 19 ITB #19-24 • Payment for sod shall not be made until a healthy stand of turf has been established, as outlined in this solicitation. 2.6 WARRANTY. • Sod purchases and installations shall be warranted to meet specifications for a minimum of sixty (60) days after installation of all new and/or replaced sod. • The Vendor shall not be held responsible for unexpected incidences, such as traffic damage, storm damage, or other acts of nature. 3. MINIMUM QUALIFICATIONS. • Vendors shall have a minimum of five (5) years’ experience in work of the same or similar nature as outlined in this solicitation. Bidders shall provide a minimum of three (3) project references with their response, see REFERENCES, page 30 of this solicitation. • Prior to contract award, the selected Vendor will be required to show that they have the necessary facilities, equipment, and ability to perform the specified work in a satisfactory and efficient manner. Such facilities shall be available for inspection by the City prior to award of the contract, and at any time during the contract term. • It shall be the responsibility of the Vendor to obtain, at no additional cost to the City, any and all licenses and permits required to complete all contractual requirements. These licenses and permits shall be readily available for review by the City prior to and at any time during the contract term. Copies of such shall be submitted with bid submittal. 4. ORDER INFORMATION / DELIVERY. Upon contacting the awarded vendor for ordering, it is expected that a return call be received by the designated City representative within twenty-four hours (24 hrs.). Delivery shall be made to the location(s) as specified on the order request no later than three (3) business days after receipt of an order, or as mutually negotiated between the City and the Vendor. 5. INTENTION FOR AWARD. Due to the annual weather patterns in Florida, it is the intent of the City to select multiple Vendors with sod farms in different areas to ensure the availability of various sods year-round. In addition, to ensure a continuity of supply, flexibility to order product from an awarded vendor as a secondary source, and tertiary from the open market may be used if needed. 6. INSURANCE REQUIREMENTS. The Vendor shall, at its own cost and expense, acquire and maintain (and cause any subcontractors, representatives or agents to acquire and maintain) during the term with the City, sufficient insurance to adequately protect the respective interest of the parties. Coverage shall be obtained with a carrier having an AM Best Rating of A-VII or better. In addition, the City has the right to review the Contractor’s deductible or self-insured retention and to require that it be reduced or eliminated. Specifically, the Vendor must carry the following minimum types and amounts of insurance on an occurrence basis or in the case of coverage that cannot be obtained on an occurrence basis, then coverage can be obtained on a claims-made basis with a minimum three (3) year tail following the termination or expiration of this Agreement: a. Commercial General Liability Insurance coverage, including but not limited to, premises operations, products/completed operations, products liability, contractual liability, advertising injury, personal injury, death, and property damage in the minimum amount of $1,000,000 (one million dollars) per occurrence and $2,000,000 (two million dollars) general aggregate. b. Commercial Automobile Liability Insurance coverage for any owned, non-owned, hired or borrowed automobile is required in the minimum amount of $1,000,000 (one million dollars) DETAILED SPECIFICATIONS Sod Material and Installation Services 20 ITB #19-24 combined single limit. c. Unless waived by the State of Florida and proof of waiver is provided to the City, statutory Workers’ Compensation Insurance coverage in accordance with the laws of the State of Florida, and Employer’s Liability Insurance in the minimum amount of $1,000,000 (one million dollars) each employee each accident, $1,000,000 (one million dollars) each employee by disease, and $1,000,000 (one million dollars) disease policy limit. Coverage should include Voluntary Compensation, Jones Act, and U.S. Longshoremen’s and Harbor Worker’s Act coverage where applicable. Coverage must be applicable to employees, contractors, subcontractors, and volunteers, if any. The above insurance limits may be achieved by a combination of primary and umbrella/excess liability policies. Other Insurance Provisions. a. Prior to the execution of this Agreement, and then annually upon the anniversary date(s) of the insurance policy’s renewal date(s) for as long as this Agreement remains in effect, the Vendor will furnish the City with a Certificate of Insurance(s) (using appropriate ACORD certificate, SIGNED by the Issuer, and with applicable endorsements) evidencing all of the coverage set forth above and naming the City as an “Additional Insured” on the Commercial General Liability Insurance and the Commercial Automobile Liability Insurance. In addition when requested in writing from the City, Vendor will provide the City with certified copies of all applicable policies. The address where such certificates and certified policies shall be sent or delivered is as follows: City of Clearwater Attn: Procurement Division, ITB #19-24 P.O. Box 4748 Clearwater, FL 33758-4748 b. Vendor shall provide thirty (30) days written notice of any cancellation, non-renewal, termination, material change or reduction in coverage. c. Vendor’s insurance as outlined above shall be primary and non-contributory coverage for Vendor’s negligence. d. Vendor reserves the right to appoint legal counsel to provide for the Vendor’s defense, for any and all claims that may arise related to Agreement, work performed under this Agreement, or to Vendor’s design, equipment, or service. Vendor agrees that the City shall not be liable to reimburse Vendor for any legal fees or costs as a result of Vendor providing its defense as contemplated herein. The stipulated limits of coverage above shall not be construed as a limitation of any potential liability to the City, and City’s failure to request evidence of this insurance shall not be construed as a waiver of Vendor’s (or any contractors’, subcontractors’, representatives’ or agents’) obligation to provide the insurance coverage specified. BID SUBMISSION Sod Material and Installation Services 21 ITB #19-24 1. BEGINNING AND END DATE OF INITIAL TERM. March 2024 through February 2025. If the commencement of performance is delayed because the City does not execute the contract on the start date, the City may adjust the start date, end date and milestones to reflect the delayed execution. 2. EXTENSION. The City reserves the right to extend the term of this contract, provided however, that the City shall give written notice of its intentions to extend this contract no later than thirty (30) days prior to the expiration date of the contract. 3. RENEWAL. At the end of the initial term of this contract, the City may initiate renewal(s) as provided. The decision to renew a contract rest solely with the City. The City will give written notice of its intention to renew the contract no later than thirty (30) days prior to the expiration. Two (2), one (1), year renewals are possible at the City’s option. 4. PRICES. All pricing shall be firm for the initial term of one (1) year, except where otherwise provided by the specifications, and include all transportation, insurance and warranty costs. The City shall not be invoiced at prices higher than those stated in any contract resulting from this bid. The Contractor certifies that the prices offered are no higher than the lowest price the Contractor charges other buyers for similar quantities under similar conditions. The Contractor further agrees that any reductions in the price of the goods or services covered by this bid and occurring after award will apply to the undelivered balance. The Contractor shall promptly notify the City of such price reductions. During the sixty (60) day period prior to each annual anniversary of the contract effective date, the Contractor may submit a written request that the City increase the prices and such adjustment will be considered and approval for such will not exceed the percentage change in the US Department of Labor Consumer Price Index (CPI-U) for All Urban Consumers, All Items, 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. At the end of the initial term, pricing may be adjusted for amounts other than inflation based on mutual agreement of the parties after review of appropriate documentation. Renewal prices shall be firm for at least one year and may be adjusted thereafter as outlined in the previous paragraph. No fuel surcharges will be accepted. BID SUBMISSION Sod Material and Installation Services 22 ITB #19-24 a. BID SUBMISSION. It is recommended that bids be submitted electronically through our bids website at https://www.myclearwater.com/business/rfp For bids mailed and/or hand-delivered, bidder must submit one (1) signed original bid and one (1) electronic format on a CD or Thumb Drive, in a sealed container using label provided at the end of this solicitation. b. BIDDER RESPONSE CHECKLIST. This checklist is provided for your convenience. It is not necessary to return a copy of this solicitation’s Instructions, Terms and Conditions, or Detailed Specifications with your bid response. Only submit the requested forms and any other requested or descriptive literature. Original and proper number of copies with electronic format (if requested) Bid container properly labeled Bid pricing form Completed Exhibit A – Bid Pricing submitted in Excel format Exceptions/Additional Materials/Addenda form Vendor Information form Scrutinized Companies form(s) as required E-Verify Eligibility form as required Offer Certification form References form; minimum of three (3) project references Copies of applicable licenses (i.e. Florida Agricultural Product Dealer License) Warranty information, if applicable W-9 Form to be provided by Bidder (http://www.irs.gov/pub/irs-pdf/fw9.pdf) BID PRICING Sod Material and Installation Services 23 ITB #19-24 Pursuant to all the contract specifications enumerated and described in this solicitation, we agree to furnish Sod Material and Installation Services to the City of Clearwater at the price(s) stated in the Exhibit A – Bid Pricing sheet. Exhibit A – Bid Pricing must be completed by Group and all items within a Group must be bid on in order to be considered; Exhibit A – Bid Pricing shall be submitted in Excel format. The successful bidder(s) will provide these items on an as needed basis. The quantities indicated in Exhibit A - Bid Pricing is given only as estimated project sizes and should not be construed as representing the actual amount to be purchased under this contract. DELIVERY REQUIREMENTS FOB: Destination, Freight Prepaid and Allowed Freight Costs: Unit prices should include all freight and transportation charges Delivery and installation requirements, as stated in Detailed Specifications, can be met? (installation shall commence immediately following delivery) _______ Yes No Is there a minimum order quantity on Option 3: Delivery and/or pick-up Only on Exhibit A – Bid Pricing? ________Yes No If yes, please specify PAYMENT TERMS: • City of Clearwater’s standard payment terms are NET30 • Electronic Funds Transfer (EFT) / Automated Clearing House (ACH) Vendor: _________________________________________ Date: _______________________________ EXCEPTIONS/ADDITIONAL MATERIALS/ADDENDA Sod Material and Installation Services 24 ITB #19-24 Bidders shall indicate any and all exceptions taken to the provisions or specifications in this solicitation document. Exceptions that surface elsewhere and that do not also appear under this section shall be considered invalid and void and of no contractual significance. Exceptions (mark one): Note – Any material exceptions taken to the City’s Standard Terms and Conditions will render a Bid Non-responsive. No exceptions Exceptions taken (describe--attach additional pages if needed) Additional Materials submitted (mark one): No additional materials have been included with this bid Additional Materials attached (describe--attach additional pages if needed) Addenda Bidders are responsible for verifying receipt of any addenda issued by checking the City’s website at http://www.myclearwater.com/business/bid-information/ prior to the bid opening. Failure to acknowledge any addenda issued may result in a response being deemed non-responsive. Acknowledgement of Receipt of Addenda (initial for each addenda received, if applicable): Addenda Number Initial to acknowledge receipt Vendor Name ____ Date: ____ VENDOR INFORMATION Sod Material and Installation Services 25 ITB #19-24 Company Legal/Corporate Name: Doing Business As (if different than above): Address: City: State: Zip: - Phone: Fax: E-Mail Address: Website: DUNS # Remit to Address (if different than above): Order from Address (if different from above): Address: Address: City: State: Zip: City: State: Zip: Contact for Questions about this bid: Name: Fax: Phone: E-Mail Address: Day-to-Day Project Contact (if awarded): Name: Fax: Phone: E-Mail Address: Certified Small Business Certifying Agency: Certified Minority, Woman or Disadvantaged Business Enterprise Certifying Agency: Provide supporting documentation for your certification, if applicable. SCRUTINIZED COMPANIES FORM Sod Material and Installation Services 26 ITB #19-24 SCRUTINIZED COMPANIES THAT BOYCOTT ISRAEL LIST CERTIFICATION FORM THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE BID/PROPOSAL. FAILURE TO SUBMIT THIS FORM AS REQUIRED MAY DEEM YOUR SUBMITTAL NONRESPONSIVE. The affiant, by virtue of the signature below, certifies that: 1. The vendor, company, individual, principal, subsidiary, affiliate, or owner is aware of the requirements of section 287.135, Florida Statutes, regarding companies on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel; and 2. The vendor, company, individual, principal, subsidiary, affiliate, or owner is eligible to participate in this solicitation and is not listed on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel; and 3. “Boycott Israel” or “boycott of Israel” means refusing to deal, terminating business activities, or taking other actions to limit commercial relations with Israel, or persons or entities doing business in Israel or in Israeli-controlled territories, in a discriminatory manner. A statement by a company that it is participating in a boycott of Israel, or that it has initiated a boycott in response to a request for a boycott of Israel or in compliance with, or in furtherance of, calls for a boycott of Israel, may be considered as evidence that a company is participating in a boycott of Israel; and 4. If awarded the Contract (or Agreement), the vendor, company, individual, principal, subsidiary, affiliate, or owner will immediately notify the City of Clearwater in writing, no later than five (5) calendar days after any of its principals are placed on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel. __________________________________________ Authorized Signature __________________________________________ Printed Name __________________________________________ Title __________________________________________ Name of Entity/Corporation STATE OF _____________________ COUNTY OF ___________________ The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization on, this _____ day of _________________, 20____, by ______________________________ (name of person whose signature is being notarized) as the ________________________ (title) of ______________________________________(name of corporation/entity), personally known ______, or produced _________________________ (type of identification) as identification, and who did/did not take an oath. ______________________________________ Notary Public ____________________________________ Printed Name My Commission Expires: __________________ NOTARY SEAL ABOVE SCRUTINIZED COMPANIES FORM Sod Material and Installation Services 27 ITB #19-24 SCRUTINIZED COMPANIES AND BUSINESS OPERATIONS WITH CUBA AND SYRIA CERTIFICATION FORM IF YOUR BID/PROPOSAL IS $1,000,000 OR MORE, THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE BID/PROPOSAL. FAILURE TO SUBMIT THIS FORM AS REQUIRED MAY DEEM YOUR SUBMITTAL NONRESPONSIVE. The affiant, by virtue of the signature below, certifies that: 1. The vendor, company, individual, principal, subsidiary, affiliate, or owner is aware of the requirements of section 287.135, Florida Statutes, regarding companies on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaging in business operations in Cuba and Syria; and 2. The vendor, company, individual, principal, subsidiary, affiliate, or owner is eligible to participate in this solicitation and is not listed on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Sector List, or engaged in business operations in Cuba and Syria; and 3. Business Operations means, for purposes specifically related to Cuba or Syria, engaging in commerce in any form in Cuba or Syria, including, but not limited to, acquiring, developing, maintaining, owning, selling, possessing, leasing or operating equipment, facilities, personnel, products, services, personal property, real property, military equipment, or any other apparatus of business or commerce; and 4. If awarded the Contract (or Agreement), the vendor, company, individual, principal, subsidiary, affiliate, or owner will immediately notify the City of Clearwater in writing, no later than five (5) calendar days after any of its principals are placed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Sector List, or engaged in business operations in Cuba and Syria. __________________________________________ Authorized Signature __________________________________________ Printed Name __________________________________________ Title __________________________________________ Name of Entity/Corporation STATE OF _____________________ COUNTY OF ___________________ The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization on, this _____ day of _________________, 20____, by _______________________________ (name of person whose signature is being notarized) as the ________________________ (title) of ______________________________________(name of corporation/entity), personally known ______, or produced _________________________ (type of identification) as identification, and who did/did not take an oath. ______________________________________ _ Notary Public ____________________________________ Printed Name My Commission Expires: __________________ NOTARY SEAL ABOVE E-VERIFY ELIGIBILITY FORM Sod Material and Installation Services 28 ITB #19-24 VERIFICATION OF EMPLOYMENT ELIGIBILITY FORM PER FLORIDA STATUTE 448.095, CONTRACTORS AND SUBCONTRACTORS MUST REGISTER WITH AND USE THE E-VERIFY SYSTEM TO VERIFY THE WORK AUTHORIZATION STATUS OF ALL NEWLY HIRED EMPLOYEES. THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE BID/PROPOSAL. FAILURE TO SUBMIT THIS FORM AS REQUIRED MAY DEEM YOUR SUBMITTAL NONRESPONSIVE. The affiant, by virtue of the signature below, certifies that: 1. The Contractor and its Subcontractors are aware of the requirements of Florida Statute 448.095. 2. The Contractor and its Subcontractors are registered with and using the E-Verify system to verify the work authorization status of newly hired employees. 3. The Contractor will not enter into a contract with any Subcontractor unless each party to the contract registers with and uses the E-Verify system. 4. The Subcontractor will provide the Contractor with an affidavit stating that the Subcontractor does not employ, contract with, or subcontract with unauthorized alien. 5. The Contractor must maintain a copy of such affidavit. 6. The City may terminate this Contract on the good faith belief that the Contractor or its Subcontractors knowingly violated Florida Statutes 448.09(1) or 448.095(2)(c). 7. If this Contract is terminated pursuant to Florida Statute 448.095(2)(c), the Contractor may not be awarded a public contract for at least 1 year after the date on which this Contract was terminated. 8. The Contractor is liable for any additional cost incurred by the City as a result of the termination of this Contract. __________________________________________ Authorized Signature __________________________________________ Printed Name __________________________________________ Title __________________________________________ Name of Entity/Corporation STATE OF _____________________ COUNTY OF ___________________ The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization on, this _____ day of _________________, 20____, by _______________________________ (name of person whose signature is being notarized) as the ________________________ (title) of ______________________________________(name of corporation/entity), personally known ______, or produced _________________________ (type of identification) as identification, and who did/did not take an oath. ____________________________________ Notary Public ____________________________________ Printed Name My Commission Expires: __________________ NOTARY SEAL ABOVE OFFER CERTIFICATION By signing and submitting this Bid/Proposal/Qualification/Response, the Vendor certifies that: a) It is under no legal prohibition on contracting with the City of Clearwater. b) It has read, understands, and is in compliance with the specifications, terms and conditions stated herein, as well as its attachments, and any referenced documents. c) It has no known, undisclosed conflicts of interest. d) The prices offered were independently developed without consultation or collusion with any of the other 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. ACCEPTED AND AGREED TO: Company Name: Signature: Printed Name: Title: Date: REFERENCES Sod Material and Installation Services 30 ITB #19-24 Instructions: Vendors must have at least five (5) years of experience in work of the same or similar nature as outlined in this solicitation. Bidders shall provide a minimum of three (3) project references. Complete and return with bid submittal. Reference letters are highly encouraged and should accompany this form. Reference # 1 Name: Contract Value: Date Began: Date Completed: Address City / State / Zip Contact Person: Email: Phone: Fax: Notes: Reference # 2 Name: Contract Value: Date Began: Date Completed: Address City / State / Zip Contact Person: Email: Phone: Fax: Notes: Reference # 3 Name: Contract Value: Date Began: Date Completed: Address City / State / Zip Contact Person: Email: Phone: Fax: Notes: Vendor Name Date: MAILING LABEL CUT ALONG THE LINE AND AFFIX TO THE FRONT OF YOUR BID CONTAINER Sod Material and Installation Services 31 ITB #19-24 --------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------ SEALED BID Submitted by: Company Name: Address: City, State, Zip: ITB #19-24, Sod Material and Installation Services Due Date: February 13, 2024, at 10:00 A.M. City of Clearwater Attn: Procurement PO Box 4748 Clearwater FL 33758-4748 --------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------ ---------------------------------------------- For Hand Deliveries, FEDEX, UPS or Other Courier Services ------------------------------------------------ SEALED BID Submitted by: Company Name: Address: City, State, Zip: ITB #19-24, Sod Material and Installation Services Due Date: February 13, 2024, at 10:00 A.M. ---------------------------------------------- For Hand Deliveries, FEDEX, UPS or Other Courier Services ------------------------------------------------ City of Clearwater Attn: Procurement 100 S Myrtle Ave 3rd Fl Clearwater FL 33756-5520 March 11, 2024 NOTICE OF INTENT TO AWARD Parks & Recreation and Procurement recommend award of ITB No. 19-24, Sod Material and Services, the lowest most responsible bidders, in accordance with the bid specifications in the estimated annual amount of $300,000.00 for a period of one (1) year, with two (2), one (1) year renewal options. Quality Sod & Landscape LLC Primary for Option 1 & Option 2: Types: Tifway 419 Bermuda (pieces), Latitude 36™ Bermuda (pieces), Celebration Bermuda® (pieces), TifTuf™ Bermuda (pieces), Bahia, Seashore Paspatum, St. Augustine Citra Blue, St Augustine Floratam, St Augustine Palmetto, St Augustine Seville, St Augustine Scott’s ProVista, Emerald Zoysia, Empire Zoysia & CitraZoy Zoysia Primary for Option 3: Delivery Only: Types: Tifway 419 Bermuda, Latitude 36™ Bermuda, Seashore Paspatum, St. Augustine Floratam, St. Augustine Seville, St. Augustine Scott's ProVista, Emerald Zoysia, Empire Zoysia, CitraZoy Zoysia Sunbelt Sod & Grading Co. Primary for Option 1 & Option 2: Types: Celebration Bermuda (Option 1 only, Rolled), TifTuf™ Bermuda (Rolled) Primary for Option 3: Delivery Only: Types: Celebration Bermuda®, TifTuf™ Bermuda Toms Sod Service, Inc. Primary for Option 1 & Option 2: Types: Tifway 419 Bermuda and Latitude 36™ Bermuda (rolled), Celebration Bermuda® (Option 2 only, rolled) Primary for Option 3: Delivery Only: Types: Bahia, St. Augustine Citra Blue, St. Augustine Floratam This award is being made to multiple vendors to ensure a continuity of supply. Flexibility to order product or services from the awarded vendors listed above as a secondary source, or tertiarily from the open market may be used if needed. This Award recommendation will be considered by the City Council at the April 15,2024 Work Session (1:30 p.m.) and voted on at the April 18, 2024, 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 Kristina Cook, the City’s Procurement Analyst at (727) 444-8510, or mailed to City of Clearwater, Attn: Procurement Division, PO Box 4748, Clearwater, FL 33758-4748. Posted on this date by: Kristina Cook Kristina Cook Procurement Analyst CITY OF CLEARWATER ITB # 19-24, Sod Material and Services DUE DATE: February 13, 2024; 10:00 AM BID TABULATION Item #Sod Type Sod Cut Estimated Project Size (Square Feet) Installation Option Quality Sod & Landscape LLC Sunbelt Sod & Grading Co. Tom's Sod 1 Tifway 419 Bermuda Roll 8,000 – 16,000 1 $ - $ - $ 1.15 2 Tifway 419 Bermuda Roll 16,001 – 50,000 1 $ - $ - $ 1.15 3 Tifway 419 Bermuda Roll 50,001 – 100,000 1 $ - $ - $ 1.15 4 Tifway 419 Bermuda Roll 100,001 – 200,000 1 $ - $ - $ 1.10 5 Tifway 419 Bermuda Roll 200,001 – 300,000 1 $ - $ - $ 1.10 6 Tifway 419 Bermuda Roll Over 300,001 1 $ - $ - $ 1.10 $ - $ - $ 1.13 7 Tifway 419 Bermuda Roll 8,000 – 16,000 2 $ - $ - $ 1.45 8 Tifway 419 Bermuda Roll 16,001 – 50,000 2 $ - $ - $ 1.45 9 Tifway 419 Bermuda Roll 50,001 – 100,000 2 $ - $ - $ 1.45 10 Tifway 419 Bermuda Roll 100,001 – 200,000 2 $ - $ - $ 1.40 11 Tifway 419 Bermuda Roll 200,001 – 300,000 2 $ - $ - $ 1.40 12 Tifway 419 Bermuda Roll Over 300,001 2 $ - $ - $ 1.40 $ - $ - $ 1.43 Low Bid NO BID Option 2: The Vendor shall remove all existing grass, weeds and vegetation. Upon removal completion, Vendor shall provide a rough and finish grade within plus or minus (+/-) four inches (4”) of the existing sub grade and provide minimal hand raking of any delivery equipment tire tracks. The Vendor shall provide, install and roll new sod to a grade compatible with existing grass and other structures. All required watering during the preparation and install phases shall be coordinated with the City. (see page 16, Section 2.3, of the solicitation document). Option 1: The Vendor shall provide a finish grade to match the existing field grade and provide minimal hand raking of any delivery equipment tire tracks. The Vendor shall provide, install, and roll new sod to a grade compatible with existing grass and structures. All required watering during the preparation and install phases shall be coordinated with the City. (see page 16, Section 2.3, of the solicitation document). SOD MATERIAL SERVICE OPTONS Total average bid amount for items 1 - 6 - Rolled: Total average bid amount for items 7 - 12 - Rolled: Item #Sod Type Sod Cut Estimated Project Size (Square Feet) Installation Option Quality Sod & Landscape LLC Sunbelt Sod & Grading Co. Tom's Sod 13 Latitude 36™ Bermuda Roll 8,000 – 16,000 1 $ - $ - $ 1.20 14 Latitude 36™ Bermuda Roll 16,001 – 50,000 1 $ - $ - $ 1.20 15 Latitude 36™ Bermuda Roll 50,001 – 100,000 1 $ - $ - $ 1.20 16 Latitude 36™ Bermuda Roll 100,001 – 200,000 1 $ - $ - $ 1.15 17 Latitude 36™ Bermuda Roll 200,001 – 300,000 1 $ - $ - $ 1.15 18 Latitude 36™ Bermuda Roll Over 300,001 1 $ - $ - $ 1.15 $ - -$ 1.18$ 19 Latitude 36™ Bermuda Roll 8,000 – 16,000 2 $ - $ - $ 1.50 20 Latitude 36™ Bermuda Roll 16,001 – 50,000 2 $ - $ - $ 1.50 21 Latitude 36™ Bermuda Roll 50,001 – 100,000 2 $ - $ - $ 1.50 22 Latitude 36™ Bermuda Roll 100,001 – 200,000 2 $ - $ - $ 1.45 23 Latitude 36™ Bermuda Roll 200,001 – 300,000 2 $ - $ - $ 1.45 24 Latitude 36™ Bermuda Roll Over 300,001 2 $ - $ - $ 1.45 $ - -$ 1.48$ 25 Celebration Bermuda®Roll 8,000 – 16,000 1 $ - $ 1.05 $ 1.15 26 Celebration Bermuda®Roll 16,001 – 50,000 1 $ - $ 1.05 $ 1.15 27 Celebration Bermuda®Roll 50,001 – 100,000 1 $ - $ 1.05 $ 1.15 28 Celebration Bermuda®Roll 100,001 – 200,000 1 $ - $ 0.96 $ 1.10 29 Celebration Bermuda®Roll 200,001 – 300,000 1 $ - $ 0.94 $ 1.10 30 Celebration Bermuda®Roll Over 300,001 1 $ - $ 0.80 $ 1.10 $ - $ 0.98 $ 1.13 31 Celebration Bermuda®Roll 8,000 – 16,000 2 $ - $ 1.55 $ 1.45 32 Celebration Bermuda®Roll 16,001 – 50,000 2 $ - $ 1.55 $ 1.45 33 Celebration Bermuda®Roll 50,001 – 100,000 2 $ - $ 1.46 $ 1.45 34 Celebration Bermuda®Roll 100,001 – 200,000 2 $ - $ 1.44 $ 1.40 35 Celebration Bermuda®Roll 200,001 – 300,000 2 $ - $ 1.42 $ 1.40 36 Celebration Bermuda®Roll Over 300,001 2 $ - $ 1.30 $ 1.40 $ - $ 1.45 $ 1.43 37 TifTuf™ Bermuda Roll 8,000 – 16,000 1 $ - $ 1.04 $ 1.20 38 TifTuf™ Bermuda Roll 16,001 – 50,000 1 $ - $ 1.04 $ 1.20 39 TifTuf™ Bermuda Roll 50,001 – 100,000 1 $ - $ 1.04 $ 1.20 40 TifTuf™ Bermuda Roll 100,001 – 200,000 1 $ - $ 0.95 $ 1.15 41 TifTuf™ Bermuda Roll 200,001 – 300,000 1 $ - $ 0.93 $ 1.15 42 TifTuf™ Bermuda Roll Over 300,001 1 $ - $ 0.79 $ 1.15 $ - $ 0.97 $ 1.18 Total average bid amount for items 25 - 30 - Rolled: Total average bid amount for items 37 - 42 - Rolled: Total average bid amount for items 13 - 18 - Rolled: Total average bid amount for items 18 - 24 - Rolled: Total average bid amount for items 31 - 36 - Rolled: Item #Sod Type Sod Cut Estimated Project Size (Square Feet) Installation Option Quality Sod & Landscape LLC Sunbelt Sod & Grading Co. Tom's Sod 43 TifTuf™ Bermuda Roll 8,000 – 16,000 2 $ - $ 1.50 $ 1.50 44 TifTuf™ Bermuda Roll 16,001 – 50,000 2 $ - $ 1.50 $ 1.50 45 TifTuf™ Bermuda Roll 50,001 – 100,000 2 $ - $ 1.45 $ 1.50 46 TifTuf™ Bermuda Roll 100,001 – 200,000 2 $ - $ 1.43 $ 1.45 47 TifTuf™ Bermuda Roll 200,001 – 300,000 2 $ - $ 1.41 $ 1.45 48 TifTuf™ Bermuda Roll Over 300,001 2 $ - $ 1.29 $ 1.45 $ - $ 1.43 $ 1.48 1 Tifway 419 Bermuda Pieces 8,000 – 16,000 1 $ 1.20 $ - 2 Tifway 419 Bermuda Pieces 16,001 – 50,000 1 $ 1.10 $ - 3 Tifway 419 Bermuda Pieces 50,001 – 100,000 1 $ 1.00 $ - 4 Tifway 419 Bermuda Pieces 100,001 – 200,000 1 $ 0.90 $ - 5 Tifway 419 Bermuda Pieces 200,001 – 300,000 1 $ 0.65 $ - 6 Tifway 419 Bermuda Pieces Over 300,001 1 $ 0.60 $ - $ 0.91 $ - $ - 7 Tifway 419 Bermuda Pieces 8,000 – 16,000 2 $ 1.50 $ - 8 Tifway 419 Bermuda Pieces 16,001 – 50,000 2 $ 1.30 $ - 9 Tifway 419 Bermuda Pieces 50,001 – 100,000 2 $ 1.20 $ - 10 Tifway 419 Bermuda Pieces 100,001 – 200,000 2 $ 1.00 $ - 11 Tifway 419 Bermuda Pieces 200,001 – 300,000 2 $ 0.90 $ - 12 Tifway 419 Bermuda Pieces Over 300,001 2 $ 0.85 $ - $ 1.13 $ - $ - 13 Latitude 36™ Bermuda Pieces 8,000 – 16,000 1 $ 1.20 $ 1.15 14 Latitude 36™ Bermuda Pieces 16,001 – 50,000 1 $ 1.10 $ 1.15 15 Latitude 36™ Bermuda Pieces 50,001 – 100,000 1 $ 1.00 $ 1.08 16 Latitude 36™ Bermuda Pieces 100,001 – 200,000 1 $ 0.90 $ 1.00 17 Latitude 36™ Bermuda Pieces 200,001 – 300,000 1 $ 0.65 $ 0.98 18 Latitude 36™ Bermuda Pieces Over 300,001 1 $ 0.60 $ 0.88 $ 0.91 1.04$ -$ 19 Latitude 36™ Bermuda Pieces 8,000 – 16,000 2 $ 1.50 $ 1.65 20 Latitude 36™ Bermuda Pieces 16,001 – 50,000 2 $ 1.30 $ 1.65 21 Latitude 36™ Bermuda Pieces 50,001 – 100,000 2 $ 1.20 $ 1.58 22 Latitude 36™ Bermuda Pieces 100,001 – 200,000 2 $ 1.00 $ 1.50 23 Latitude 36™ Bermuda Pieces 200,001 – 300,000 2 $ 0.90 $ 1.48 24 Latitude 36™ Bermuda Pieces Over 300,001 2 $ 0.75 $ 1.38 $ 1.11 1.54$ -$ Total average bid amount for items 43 - 48 - Rolled: Total average bid amount for items 1 - 6 - Pieces: Total average bid amount for items 7 - 12 - Pieces: Total average bid amount for items 13 - 18 - Pieces: Total average bid amount for items 18 - 24 - Pieces: Item #Sod Type Sod Cut Estimated Project Size (Square Feet) Installation Option Quality Sod & Landscape LLC Sunbelt Sod & Grading Co. Tom's Sod 25 Celebration Bermuda®Pieces 8,000 – 16,000 1 $ 1.05 $ 1.05 26 Celebration Bermuda®Pieces 16,001 – 50,000 1 $ 0.90 $ 1.05 27 Celebration Bermuda®Pieces 50,001 – 100,000 1 $ 0.75 $ 1.05 28 Celebration Bermuda®Pieces 100,001 – 200,000 1 $ 0.65 $ 0.96 29 Celebration Bermuda®Pieces 200,001 – 300,000 1 $ 0.60 $ 0.94 30 Celebration Bermuda®Pieces Over 300,001 1 $ 0.60 $ 0.80 $ 0.76 $ 0.98 $ - 31 Celebration Bermuda®Pieces 8,000 – 16,000 2 $ 1.30 $ 1.55 32 Celebration Bermuda®Pieces 16,001 – 50,000 2 $ 1.15 $ 1.55 33 Celebration Bermuda®Pieces 50,001 – 100,000 2 $ 1.00 $ 1.46 34 Celebration Bermuda®Pieces 100,001 – 200,000 2 $ 0.90 $ 1.44 35 Celebration Bermuda®Pieces 200,001 – 300,000 2 $ 0.90 $ 1.42 36 Celebration Bermuda®Pieces Over 300,001 2 $ 0.80 $ 1.30 $ 1.01 $ 1.45 $ - 37 TifTuf™ Bermuda Pieces 8,000 – 16,000 1 $ 1.20 $ 0.99 38 TifTuf™ Bermuda Pieces 16,001 – 50,000 1 $ 1.10 $ 0.99 39 TifTuf™ Bermuda Pieces 50,001 – 100,000 1 $ 1.00 $ 0.94 40 TifTuf™ Bermuda Pieces 100,001 – 200,000 1 $ 0.90 $ 0.94 41 TifTuf™ Bermuda Pieces 200,001 – 300,000 1 $ 0.65 $ 0.92 42 TifTuf™ Bermuda Pieces Over 300,001 1 $ 0.60 $ 0.80 $ 0.91 $ 0.93 $ - 43 TifTuf™ Bermuda Pieces 8,000 – 16,000 2 $ 1.50 $ 1.49 44 TifTuf™ Bermuda Pieces 16,001 – 50,000 2 $ 1.30 $ 1.49 45 TifTuf™ Bermuda Pieces 50,001 – 100,000 2 $ 1.20 $ 1.44 46 TifTuf™ Bermuda Pieces 100,001 – 200,000 2 $ 1.00 $ 1.44 47 TifTuf™ Bermuda Pieces 200,001 – 300,000 2 $ 0.90 $ 1.42 48 TifTuf™ Bermuda Pieces Over 300,001 2 $ 0.75 $ 1.30 $ 1.11 $ 1.43 $ - 49 Bahia Pieces 500-1,500 1 $ 1.05 $ 0.90 $ 0.95 50 Bahia Pieces 1,501 – 2.500 1 $ 0.90 $ 0.90 $ 0.95 51 Bahia Pieces 2,501 –3,500 1 $ 0.75 $ 0.85 $ 0.95 52 Bahia Pieces 3,501 – 8,000 1 $ 0.65 $ 0.85 $ 0.70 53 Bahia Pieces 8,001– 16,000 1 $ 0.60 $ 0.65 $ 0.70 54 Bahia Pieces 16,001 – 50,000 1 $ 0.50 $ 0.50 $ 0.70 55 Bahia Pieces 50,001 – 100,000 1 $ 0.45 $ 0.50 $ 0.70 56 Bahia Pieces 100,001 – 200,000 1 $ 0.40 $ 0.45 $ 0.65 57 Bahia Pieces 200,001 – 300,000 1 $ 0.35 $ 0.45 $ 0.65 58 Bahia Pieces Over 300,001 1 $ 0.30 $ 0.45 $ 0.65 $ 0.60 $ 0.65 $ 0.76 Total average bid amount for items 49 - 68- Pieces: Total average bid amount for items 25 - 30 - Pieces: Total average bid amount for items 31 - 36 - Pieces: Total average bid amount for items 37 - 42 - Pieces: Total average bid amount for items 43 - 48 - Pieces: Item #Sod Type Sod Cut Estimated Project Size (Square Feet) Installation Option Quality Sod & Landscape LLC Sunbelt Sod & Grading Co. Tom's Sod 59 Bahia Pieces 500 -1,500 2 $ 1.35 $ 1.30 $ 1.25 60 Bahia Pieces 1,501 – 2.500 2 $ 1.20 $ 1.30 $ 1.25 61 Bahia Pieces 2,501 –3,500 2 $ 1.05 $ 1.30 $ 1.25 62 Bahia Pieces 3,501 – 8,000 2 $ 0.90 $ 1.20 $ 1.00 63 Bahia Pieces 8,001 – 16,000 2 $ 0.85 $ 1.20 $ 1.00 64 Bahia Pieces 16,001 – 50,000 2 $ 0.75 $ 1.15 $ 1.00 65 Bahia Pieces 50,001 – 100,000 2 $ 0.70 $ 1.15 $ 1.00 66 Bahia Pieces 100,001 – 200,000 2 $ 0.50 $ 1.10 $ 0.95 67 Bahia Pieces 200,001 – 300,000 2 $ 0.45 $ 1.10 $ 0.95 68 Bahia Pieces Over 300,001 2 $ 0.40 $ 1.10 $ 0.95 $ 0.82 $ 1.19 $ 1.06 69 Seashore Paspatum Pieces 500-1,500 1 $ 3.00 $ - $ - 70 Seashore Paspatum Pieces 1,501 – 2.500 1 $ 1.95 $ - $ - 71 Seashore Paspatum Pieces 2,501 –3,500 1 $ 1.75 $ - $ - 72 Seashore Paspatum Pieces 3,501 – 8,000 1 $ 1.65 $ - $ - 73 Seashore Paspatum Pieces 8,001– 16,000 1 $ 1.55 $ - $ - 74 Seashore Paspatum Pieces 16,001 – 50,000 1 $ 1.50 $ - $ - 75 Seashore Paspatum Pieces 50,001 – 100,000 1 $ 1.25 $ - $ - 76 Seashore Paspatum Pieces 100,001 – 200,000 1 $ 1.00 $ - $ - 77 Seashore Paspatum Pieces 200,001 – 300,000 1 $ 0.75 $ - $ - 78 Seashore Paspatum Pieces Over 300,001 1 $ 0.50 $ - $ - $ 1.49 -$ $ - 79 Seashore Paspatum Pieces 500 -1,500 2 $ 2.25 $ - $ - 80 Seashore Paspatum Pieces 1,501 – 2.500 2 $ 2.20 $ - $ - 81 Seashore Paspatum Pieces 2,501 –3,500 2 $ 2.00 $ - $ - 82 Seashore Paspatum Pieces 3,501 – 8,000 2 $ 1.90 $ - $ - 83 Seashore Paspatum Pieces 8,001 – 16,000 2 $ 1.85 $ - $ - 84 Seashore Paspatum Pieces 16,001 – 50,000 2 $ 1.75 $ - $ - 85 Seashore Paspatum Pieces 50,001 – 100,000 2 $ 1.50 $ - $ - 86 Seashore Paspatum Pieces 100,001 – 200,000 2 $ 1.25 $ - $ - 87 Seashore Paspatum Pieces 200,001 – 300,000 2 $ 1.00 $ - $ - 88 Seashore Paspatum Pieces Over 300,001 2 $ 0.75 $ - $ - $ 1.65 -$ $ - Total average bid amount for items 69-78- Pieces: Total average bid amount for items 59 - 68- Pieces: Total average bid amount for items 79-88- Pieces: Item #Sod Type Sod Cut Estimated Project Size (Square Feet) Installation Option Quality Sod & Landscape LLC Sunbelt Sod & Grading Co. Tom's Sod 89 St. Augustine Citra Blue Pieces 500-1,500 1 $ 1.45 $ 1.45 $ 1.15 90 St. Augustine Citra Blue Pieces 1,501 – 2.500 1 $ 1.15 $ 1.45 $ 1.15 91 St. Augustine Citra Blue Pieces 2,501 –3,500 1 $ 1.06 $ 1.45 $ 1.15 92 St. Augustine Citra Blue Pieces 3,501 – 8,000 1 $ 0.95 $ 1.40 $ 0.90 93 St. Augustine Citra Blue Pieces 8,001– 16,000 1 $ 0.80 $ 1.40 $ 0.90 94 St. Augustine Citra Blue Pieces 16,001 – 50,000 1 $ 0.70 $ 1.30 $ 0.90 95 St. Augustine Citra Blue Pieces 50,001 – 100,000 1 $ 0.60 $ 1.20 $ 0.90 96 St. Augustine Citra Blue Pieces 100,001 – 200,000 1 $ 0.55 $ 1.20 $ 0.85 97 St. Augustine Citra Blue Pieces 200,001 – 300,000 1 $ 0.50 $ 1.20 $ 0.85 98 St. Augustine Citra Blue Pieces Over 300,001 1 $ 0.55 $ 1.20 $ 0.85 $ 0.83 $ 1.33 $ 0.96 99 St. Augustine Citra Blue Pieces 500-1,500 2 $ 1.65 $ 1.85 $ 1.45 100 St. Augustine Citra Blue Pieces 1,501 – 2.500 2 $ 1.35 $ 1.85 $ 1.45 101 St. Augustine Citra Blue Pieces 2,501 –3,500 2 $ 1.15 $ 1.85 $ 1.45 102 St. Augustine Citra Blue Pieces 3,501 – 8,000 2 $ 1.10 $ 1.85 $ 1.20 103 St. Augustine Citra Blue Pieces 8,001 – 16,000 2 $ 1.10 $ 1.75 $ 1.20 104 St. Augustine Citra Blue Pieces 16,001 – 50,000 2 $ 1.00 $ 1.75 $ 1.20 105 St. Augustine Citra Blue Pieces 50,001 – 100,000 2 $ 0.85 $ 1.75 $ 1.20 106 St. Augustine Citra Blue Pieces 100,001 – 200,000 2 $ 0.80 $ 1.50 $ 1.15 107 St. Augustine Citra Blue Pieces 200,001 – 300,000 2 $ 0.70 $ 1.50 $ 1.15 108 St. Augustine Citra Blue Pieces Over 300,001 2 $ 0.65 $ 1.50 $ 1.15 $ 1.04 $ 1.72 $ 1.26 109 St. Augustine Floratam Pieces 500-1,500 1 $ 1.30 $ 1.25 $ 1.10 110 St. Augustine Floratam Pieces 1,501 – 2.500 1 $ 1.00 $ 1.25 $ 1.10 111 St. Augustine Floratam Pieces 2,501 –3,500 1 $ 0.90 $ 1.15 $ 1.10 112 St. Augustine Floratam Pieces 3,501 – 8,000 1 $ 0.80 $ 1.15 $ 0.85 113 St. Augustine Floratam Pieces 8,001– 16,000 1 $ 0.70 $ 1.00 $ 0.85 114 St. Augustine Floratam Pieces 16,001 – 50,000 1 $ 0.55 $ 1.00 $ 0.85 115 St. Augustine Floratam Pieces 50,001 – 100,000 1 $ 0.50 $ 1.00 $ 0.85 116 St. Augustine Floratam Pieces 100,001 – 200,000 1 $ 0.45 $ 1.00 $ 0.80 117 St. Augustine Floratam Pieces 200,001 – 300,000 1 $ 0.45 $ 1.00 $ 0.80 118 St. Augustine Floratam Pieces Over 300,001 1 $ 0.45 $ 1.00 $ 0.80 $ 0.71 $ 1.08 $ 0.91 Total average bid amount for items 99-108- Pieces: Total average bid amount for items 89-98- Pieces: Total average bid amount for items 109 - 118- Pieces: Item #Sod Type Sod Cut Estimated Project Size (Square Feet) Installation Option Quality Sod & Landscape LLC Sunbelt Sod & Grading Co. Tom's Sod 119 St. Augustine Floratam Pieces 500-1,500 2 $ 1.50 $ 1.65 $ 1.50 120 St. Augustine Floratam Pieces 1,501 – 2.500 2 $ 1.20 $ 1.65 $ 1.50 121 St. Augustine Floratam Pieces 2,501 –3,500 2 $ 1.00 $ 1.65 $ 1.50 122 St. Augustine Floratam Pieces 3,501 – 8,000 2 $ 0.95 $ 1.45 $ 1.25 123 St. Augustine Floratam Pieces 8,001 – 16,000 2 $ 0.95 $ 1.30 $ 1.25 124 St. Augustine Floratam Pieces 16,001 – 50,000 2 $ 0.85 $ 1.30 $ 1.25 125 St. Augustine Floratam Pieces 50,001 – 100,000 2 $ 0.70 $ 1.20 $ 1.25 126 St. Augustine Floratam Pieces 100,001 – 200,000 2 $ 0.60 $ 1.00 $ 1.20 127 St. Augustine Floratam Pieces 200,001 – 300,000 2 $ 0.55 $ 1.00 $ 1.20 128 St. Augustine Floratam Pieces Over 300,001 2 $ 0.55 $ 1.00 $ 1.20 $ 0.89 $ 1.32 $ 1.31 129 St. Augustine Floratine Pieces 500-1,500 1 $ - $ - $ - 130 St. Augustine Floratine Pieces 1,501 – 2.500 1 $ - $ - $ - 131 St. Augustine Floratine Pieces 2,501 –3,500 1 $ - $ - $ - 132 St. Augustine Floratine Pieces 3,501 – 8,000 1 $ - $ - $ - 133 St. Augustine Floratine Pieces 8,001– 16,000 1 $ - $ - $ - 134 St. Augustine Floratine Pieces 16,001 – 50,000 1 $ - $ - $ - 135 St. Augustine Floratine Pieces 50,001 – 100,000 1 $ - $ - $ - 136 St. Augustine Floratine Pieces 100,001 – 200,000 1 $ - $ - $ - 137 St. Augustine Floratine Pieces 200,001 – 300,000 1 $ - $ - $ - 138 St. Augustine Floratine Pieces Over 300,001 1 $ - $ - $ - $ - -$ $ - 139 St. Augustine Floratine Pieces 500-1,500 2 $ - $ - $ - 140 St. Augustine Floratine Pieces 1,501 – 2.500 2 $ - $ - $ - 141 St. Augustine Floratine Pieces 2,501 –3,500 2 $ - $ - $ - 142 St. Augustine Floratine Pieces 3,501 – 8,000 2 $ - $ - $ - 143 St. Augustine Floratine Pieces 8,001 – 16,000 2 $ - $ - $ - 144 St. Augustine Floratine Pieces 16,001 – 50,000 2 $ - $ - $ - 145 St. Augustine Floratine Pieces 50,001 – 100,000 2 $ - $ - $ - 146 St. Augustine Floratine Pieces 100,001 – 200,000 2 $ - $ - $ - 147 St. Augustine Floratine Pieces 200,001 – 300,000 2 $ - $ - $ - 148 St. Augustine Floratine Pieces Over 300,001 2 $ - $ - $ - $ - -$ $ - Total average bid amount for items 129 - 138- Pieces: Total average bid amount for items 139 - 148- Pieces: Total average bid amount for items 119 - 128- Pieces: Item #Sod Type Sod Cut Estimated Project Size (Square Feet) Installation Option Quality Sod & Landscape LLC Sunbelt Sod & Grading Co. Tom's Sod 149 St. Augustine Palmetto Pieces 500-1,500 1 $ 1.35 $ - $ 1.15 150 St. Augustine Palmetto Pieces 1,501 – 2.500 1 $ 1.05 $ - $ 1.15 151 St. Augustine Palmetto Pieces 2,501 –3,500 1 $ 0.95 $ - $ 1.15 152 St. Augustine Palmetto Pieces 3,501 – 8,000 1 $ 0.85 $ - $ 0.90 153 St. Augustine Palmetto Pieces 8,001– 16,000 1 $ 0.75 $ - $ 0.90 154 St. Augustine Palmetto Pieces 16,001 – 50,000 1 $ 0.60 $ - $ 0.90 155 St. Augustine Palmetto Pieces 50,001 – 100,000 1 $ 0.55 $ - $ 0.90 156 St. Augustine Palmetto Pieces 100,001 – 200,000 1 $ 0.50 $ - $ 0.85 157 St. Augustine Palmetto Pieces 200,001 – 300,000 1 $ 0.50 $ - $ 0.85 158 St. Augustine Palmetto Pieces Over 300,001 1 $ 0.45 $ - $ 0.85 $0.76 -$ $ 0.96 159 St. Augustine Palmetto Pieces 500-1,500 2 $ 1.55 $ - $ 1.45 160 St. Augustine Palmetto Pieces 1,501 – 2.500 2 $ 1.25 $ - $ 1.45 161 St. Augustine Palmetto Pieces 2,501 –3,500 2 $ 1.05 $ - $ 1.45 162 St. Augustine Palmetto Pieces 3,501 – 8,000 2 $ 1.00 $ - $ 1.20 163 St. Augustine Palmetto Pieces 8,001 – 16,000 2 $ 1.00 $ - $ 1.20 164 St. Augustine Palmetto Pieces 16,001 – 50,000 2 $ 0.90 $ - $ 1.20 165 St. Augustine Palmetto Pieces 50,001 – 100,000 2 $ 0.75 $ - $ 1.20 166 St. Augustine Palmetto Pieces 100,001 – 200,000 2 $ 0.65 $ - $ 1.15 167 St. Augustine Palmetto Pieces 200,001 – 300,000 2 $ 0.60 $ - $ 1.15 168 St. Augustine Palmetto Pieces Over 300,001 2 $ 0.60 $ - $ 1.15 $ 0.94 -$ $ 1.26 169 St. Augustine Seville Pieces 500 - 1,500 1 $ 1.35 $ 1.25 $ - 170 St. Augustine Seville Pieces 1,501 – 2.500 1 $ 1.05 $ 1.25 $ - 171 St. Augustine Seville Pieces 2,501 –3,500 1 $ 0.95 $ 1.25 $ - 172 St. Augustine Seville Pieces 3,501 – 8,000 1 $ 0.85 $ 1.25 $ - 173 St. Augustine Seville Pieces 8,001– 16,000 1 $ 0.75 $ 1.15 $ - 174 St. Augustine Seville Pieces 16,001 – 50,000 1 $ 0.60 $ 1.15 $ - 175 St. Augustine Seville Pieces 50,001 – 100,000 1 $ 0.55 $ 1.10 $ - 176 St. Augustine Seville Pieces 100,001 – 200,000 1 $ 0.50 $ 1.10 $ - 177 St. Augustine Seville Pieces 200,001 – 300,000 1 $ 0.50 $ 1.00 $ - 178 St. Augustine Seville Pieces Over 300,001 1 $ 0.45 $ 1.00 $ - $ 0.76 $ 1.15 $ - Total average bid amount for items 169 - 178- Pieces: Total average bid amount for items 159 - 168- Pieces: Total average bid amount for items 149 - 158- Pieces: Item #Sod Type Sod Cut Estimated Project Size (Square Feet) Installation Option Quality Sod & Landscape LLC Sunbelt Sod & Grading Co. Tom's Sod 179 St. Augustine Seville Pieces 500 -1,500 2 $ 1.55 $ 1.65 $ - 180 St. Augustine Seville Pieces 1,501 – 2.500 2 $ 1.20 $ 1.65 $ - 181 St. Augustine Seville Pieces 2,501 –3,500 2 $ 1.00 $ 1.65 $ - 182 St. Augustine Seville Pieces 3,501 – 8,000 2 $ 1.00 $ 1.65 $ - 183 St. Augustine Seville Pieces 8,001 – 16,000 2 $ 1.00 $ 1.55 $ - 184 St. Augustine Seville Pieces 16,001 – 50,000 2 $ 0.90 $ 1.55 $ - 185 St. Augustine Seville Pieces 50,001 – 100,000 2 $ 0.70 $ 1.40 $ - 186 St. Augustine Seville Pieces 100,001 – 200,000 2 $ 0.60 $ 1.40 $ - 187 St. Augustine Seville Pieces 200,001 – 300,000 2 $ 0.55 $ 1.40 $ - 188 St. Augustine Seville Pieces Over 300,001 2 $ 0.50 $ 1.40 $ - $ 0.90 $ 1.53 $ - 189 St. Augustine Scott's ProVista Pieces 500 - 1,500 1 $ 1.40 $ 1.25 $ - 190 St. Augustine Scott's ProVista Pieces 1,501 – 2.500 1 $ 1.10 $ 1.25 $ - 191 St. Augustine Scott's ProVista Pieces 2,501 –3,500 1 $ 1.00 $ 1.25 $ - 192 St. Augustine Scott's ProVista Pieces 3,501 – 8,000 1 $ 0.90 $ 1.25 $ - 193 St. Augustine Scott's ProVista Pieces 8,001– 16,000 1 $ 0.80 $ 1.15 $ - 194 St. Augustine Scott's ProVista Pieces 16,001 – 50,000 1 $ 0.65 $ 1.15 $ - 195 St. Augustine Scott's ProVista Pieces 50,001 – 100,000 1 $ 0.60 $ 1.00 $ - 196 St. Augustine Scott's ProVista Pieces 100,001 – 200,000 1 $ 0.55 $ 1.00 $ - 197 St. Augustine Scott's ProVista Pieces 200,001 – 300,000 1 $ 0.50 $ 1.00 $ - 198 St. Augustine Scott's ProVista Pieces Over 300,001 1 $ 0.50 $ 1.00 $ - $ 0.80 $ 1.13 $ - 199 St. Augustine Scott's ProVista Pieces 500 -1,500 2 $ 1.60 $ 1.65 $ - 200 St. Augustine Scott's ProVista Pieces 1,501 – 2.500 2 $ 1.30 $ 1.65 $ - 201 St. Augustine Scott's ProVista Pieces 2,501 –3,500 2 $ 1.10 $ 1.65 $ - 202 St. Augustine Scott's ProVista Pieces 3,501 – 8,000 2 $ 1.05 $ 1.65 $ - 203 St. Augustine Scott's ProVista Pieces 8,001 – 16,000 2 $ 1.05 $ 1.55 $ - 204 St. Augustine Scott's ProVista Pieces 16,001 – 50,000 2 $ 0.95 $ 1.55 $ - 205 St. Augustine Scott's ProVista Pieces 50,001 – 100,000 2 $ 0.75 $ 1.40 $ - 206 St. Augustine Scott's ProVista Pieces 100,001 – 200,000 2 $ 0.65 $ 1.40 $ - 207 St. Augustine Scott's ProVista Pieces 200,001 – 300,000 2 $ 0.55 $ 1.40 $ - 208 St. Augustine Scott's ProVista Pieces Over 300,001 2 $ 0.55 $ 1.40 $ - $ 0.96 $ 1.53 $ - Total average bid amount for items 189 - 198- Pieces: Total average bid amount for items 179 - 188- Pieces: Total average bid amount for items 199 - 208- Pieces: Item #Sod Type Sod Cut Estimated Project Size (Square Feet) Installation Option Quality Sod & Landscape LLC Sunbelt Sod & Grading Co. Tom's Sod 209 Emerald Zoysia Pieces 500 -1,500 1 $ 1.60 $ - $ - 210 Emerald Zoysia Pieces 1,501 – 2.500 1 $ 1.30 $ - $ - 211 Emerald Zoysia Pieces 2,501 –3,500 1 $ 1.20 $ - $ - 212 Emerald Zoysia Pieces 3,501 – 8,000 1 $ 1.10 $ - $ - 213 Emerald Zoysia Pieces 8,001– 16,000 1 $ 1.00 $ - $ - 214 Emerald Zoysia Pieces 16,001 – 50,000 1 $ 0.85 $ - $ - 215 Emerald Zoysia Pieces 50,001 – 100,000 1 $ 0.80 $ - $ - 216 Emerald Zoysia Pieces 100,001 – 200,000 1 $ 0.75 $ - $ - 217 Emerald Zoysia Pieces 200,001 – 300,000 1 $ 0.70 $ - $ - 218 Emerald Zoysia Pieces Over 300,001 1 $ 0.60 $ - $ - 0.99$ -$ $ - 219 Emerald Zoysia Pieces 500 -1,500 2 $ 1.80 $ - $ - 220 Emerald Zoysia Pieces 1,501 – 2.500 2 $ 1.50 $ - $ - 221 Emerald Zoysia Pieces 2,501 –3,500 2 $ 1.30 $ - $ - 222 Emerald Zoysia Pieces 3,501 – 8,000 2 $ 1.25 $ - $ - 223 Emerald Zoysia Pieces 8,001 – 16,000 2 $ 1.25 $ - $ - 224 Emerald Zoysia Pieces 16,001 – 50,000 2 $ 1.15 $ - $ - 225 Emerald Zoysia Pieces 50,001 – 100,000 2 $ 0.95 $ - $ - 226 Emerald Zoysia Pieces 100,001 – 200,000 2 $ 0.85 $ - $ - 227 Emerald Zoysia Pieces 200,001 – 300,000 2 $ 0.75 $ - $ - 228 Emerald Zoysia Pieces Over 300,001 2 $ 0.65 $ - $ - 1.15$ -$ $ - 229 Empire Zoysia Pieces 500 -1,500 1 $ 1.40 $ 1.00 $ 1.40 230 Empire Zoysia Pieces 1,501 – 2.500 1 $ 1.10 $ 1.00 $ 1.40 231 Empire Zoysia Pieces 2,501 –3,500 1 $ 1.00 $ 0.95 $ 1.40 232 Empire Zoysia Pieces 3,501 – 8,000 1 $ 0.90 $ 0.95 $ 1.15 233 Empire Zoysia Pieces 8,001– 16,000 1 $ 0.80 $ 0.95 $ 1.15 234 Empire Zoysia Pieces 16,001 – 50,000 1 $ 0.70 $ 0.90 $ 1.15 235 Empire Zoysia Pieces 50,001 – 100,000 1 $ 0.60 $ 0.90 $ 1.15 236 Empire Zoysia Pieces 100,001 – 200,000 1 $ 0.55 $ 0.90 $ 1.10 237 Empire Zoysia Pieces 200,001 – 300,000 1 $ 0.50 $ 0.90 $ 1.10 238 Empire Zoysia Pieces Over 300,001 1 $ 0.50 $ 0.90 $ 1.10 0.81$ 0.94$ $ 1.21 Total average bid amount for items 209- 218- Pieces: Total average bid amount for items 229 - 238- Pieces: Total average bid amount for items 219- 228- Pieces: Item #Sod Type Sod Cut Estimated Project Size (Square Feet) Installation Option Quality Sod & Landscape LLC Sunbelt Sod & Grading Co. Tom's Sod 239 Empire Zoysia Pieces 500 -1,500 2 $ 1.60 $ 1.40 $ 1.70 240 Empire Zoysia Pieces 1,501 – 2.500 2 $ 1.30 $ 1.30 $ 1.70 241 Empire Zoysia Pieces 2,501 –3,500 2 $ 1.10 $ 1.30 $ 1.70 242 Empire Zoysia Pieces 3,501 – 8,000 2 $ 1.05 $ 1.20 $ 1.45 243 Empire Zoysia Pieces 8,001 – 16,000 2 $ 1.05 $ 1.15 $ 1.45 244 Empire Zoysia Pieces 16,001 – 50,000 2 $ 0.95 $ 1.15 $ 1.45 245 Empire Zoysia Pieces 50,001 – 100,000 2 $ 0.75 $ 1.15 $ 1.45 246 Empire Zoysia Pieces 100,001 – 200,000 2 $ 0.65 $ 1.15 $ 1.40 247 Empire Zoysia Pieces 200,001 – 300,000 2 $ 0.55 $ 1.15 $ 1.40 248 Empire Zoysia Pieces Over 300,001 2 $ 0.55 $ 1.15 $ 1.40 0.96$ 1.21$ $ 1.51 249 CitraZoy Zoysia Pieces 500 -1,500 1 $ 1.50 $ - $ 1.65 250 CitraZoy Zoysia Pieces 1,501 – 2.500 1 $ 1.20 $ - $ 1.65 251 CitraZoy Zoysia Pieces 2,501 –3,500 1 $ 1.10 $ - $ 1.65 252 CitraZoy Zoysia Pieces 3,501 – 8,000 1 $ 1.00 $ - $ 1.40 253 CitraZoy Zoysia Pieces 8,001– 16,000 1 $ 0.90 $ - $ 1.40 254 CitraZoy Zoysia Pieces 16,001 – 50,000 1 $ 0.75 $ - $ 1.40 255 CitraZoy Zoysia Pieces 50,001 – 100,000 1 $ 0.70 $ - $ 1.40 256 CitraZoy Zoysia Pieces 100,001 – 200,000 1 $ 0.65 $ - $ 1.35 257 CitraZoy Zoysia Pieces 200,001 – 300,000 1 $ 0.60 $ - $ 1.35 258 CitraZoy Zoysia Pieces Over 300,001 1 $ 0.60 $ - $ 1.35 0.90$ $ - $ 1.46 259 CitraZoy Zoysia Pieces 500 -1,500 2 $ 1.70 $ - $ 1.95 260 CitraZoy Zoysia Pieces 1,501 – 2.500 2 $ 1.40 $ - $ 1.95 261 CitraZoy Zoysia Pieces 2,501 –3,500 2 $ 1.20 $ - $ 1.95 262 CitraZoy Zoysia Pieces 3,501 – 8,000 2 $ 1.15 $ - $ 1.70 263 CitraZoy Zoysia Pieces 8,001 – 16,000 2 $ 1.15 $ - $ 1.70 264 CitraZoy Zoysia Pieces 16,001 – 50,000 2 $ 1.05 $ - $ 1.70 265 CitraZoy Zoysia Pieces 50,001 – 100,000 2 $ 0.85 $ - $ 1.70 266 CitraZoy Zoysia Pieces 100,001 – 200,000 2 $ 0.75 $ - $ 1.65 267 CitraZoy Zoysia Pieces 200,001 – 300,000 2 $ 0.65 $ - $ 1.65 268 CitraZoy Zoysia Pieces Over 300,001 2 $ 0.65 $ - $ 1.65 1.06$ -$ $ 1.76 Total average bid amount for items 249 - 258- Pieces: Total average bid amount for items 259 - 268- Pieces: Total average bid amount for items 239 - 248- Pieces: OPTION 3: DELIVERY AND/OR PICK-UP ONLY OF SOD MATERIAL (palletized) Item #Sod Type Sod Cut Estimated Project Size (Square Feet) Quality Sod & Landscape LLC Sunbelt Sod & Grading Co. Tom's Sod 269 Tifway 419 Bermuda Pieces 1,000 - 8,000 $ 0.75 $ - $ 0.85 270 Tifway 419 Bermuda Pieces 8,001 - 16,000 $ 0.75 $ - $ 0.85 Average $ 0.75 $ - $ 0.85 271 Latitude 36™ Bermuda Pieces 1,000 - 8,000 $ 0.80 $ - $ 0.90 272 Latitude 36™ Bermuda Pieces 8,001 - 16,000 $ 0.80 $ - $ 0.90 Average $ 0.80 $ - $ 0.90 273 Celebration Bermuda®Pieces 1,000 - 8,000 $ 0.65 $ 0.60 $ 0.85 274 Celebration Bermuda®Pieces 8,001 - 16,000 $ 0.60 $ 0.50 $ 0.85 Average $ 0.63 $ 0.55 $ 0.85 275 TifTuf™ Bermuda Pieces 1,000 - 8,000 $ 1.00 $ 0.59 $ 0.90 276 TifTuf™ Bermuda Pieces 8,001 - 16,000 $ 1.00 $ 0.49 $ 0.90 Average $ 1.00 $ 0.54 $ 0.90 277 Bahia Pieces 400 - 800 $ 0.45 $ 0.50 $ 0.40 278 Bahia Pieces 801 - 8,000 $ 0.45 $ 0.45 $ 0.40 279 Bahia Pieces 8,001 - 16,000 $ 0.35 $ 0.45 $ 0.40 Average $ 0.42 $ 0.47 $ 0.40 280 Seashore Paspatum Pieces 1,000 - 8,000 $ 1.25 $ - $ - 281 Seashore Paspatum Pieces 8,001 - 16,000 $ 1.25 $ - $ - Average $ 1.25 $ - $ - 282 St. Augustine Citra Blue Pieces 500 - 1,000 $ 0.65 $ 0.75 $ 0.60 283 St. Augustine Citra Blue Pieces 1,000 - 8,000 $ 0.60 $ 0.65 $ 0.60 284 St. Augustine Citra Blue Pieces 8,001 - 16,000 $ 0.60 $ 0.60 $ 0.60 Average $ 0.62 $ 0.67 $ 0.60 285 St. Augustine Floratam Pieces 500 - 1,000 $ 0.55 $ 0.75 $ 0.55 286 St. Augustine Floratam Pieces 1,000 - 8,000 $ 0.50 $ 0.75 $ 0.55 287 St. Augustine Floratam Pieces 8,001 - 16,000 $ 0.50 $ 0.70 $ 0.55 Average $ 0.52 $ 0.73 $ 0.55 288 St. Augustine Floratine Pieces 500 - 1,000 $ - $ - $ - 289 St. Augustine Floratine Pieces 1,000 - 8,000 $ - $ - $ - 290 St. Augustine Floratine Pieces 8,001 - 16,000 $ - $ - $ - Average $ - $ - $ - 291 St. Augustine Seville Pieces 500 - 1,000 $ 0.60 $ 0.85 $ - 292 St. Augustine Seville Pieces 1,000 - 8,000 $ 0.55 $ 0.85 $ - 293 St. Augustine Seville Pieces 8,001 - 16,000 $ 0.50 $ 0.80 $ - Sod is to be delivered on pallets and off-loaded as directed by the City. City staff shall have the availibilty to pick-up on an as-needed basis. (see page 16, Section 2.3, of the solicitation). Option 3: Low Bid Items Average $ 0.55 $ 0.83 $ - 294 St. Augustine Scott's ProVista Pieces 500 - 1,000 $ 0.65 $ 0.90 $ - 295 St. Augustine Scott's ProVista Pieces 1,000 - 8,000 $ 0.60 $ 0.90 $ - 296 St. Augustine Scott's ProVista Pieces 8,001 - 16,000 $ 0.55 $ 0.85 $ - Average $ 0.60 $ 0.88 $ - 297 Emerald Zoysia Pieces 1,000-8,000 $ 1.00 $ - $ - 298 Emerald Zoysia Pieces 8.000-16,000 $ 1.00 $ - $ - Average $ 1.00 $ - $ - 299 Empire Zoysia Pieces 1,000-8,000 $ 0.85 $ 0.85 $ 0.85 300 Empire Zoysia Pieces 8.000-16,000 $ 0.70 $ 0.85 $ 0.85 Average $ 0.78 $ 0.85 $ 0.85 301 CitraZoy Zoysia Pieces 1,000-8,000 $ 1.10 $ - $ 1.10 302 CitraZoy Zoysia Pieces 8.000-16,000 $ 0.90 $ - $ 1.10 Average $ 1.00 $ - $ 1.10 ADDITIONAL SERVICES Item # Estimated Project Size (Square Feet) Estimated Annual Quantity (Square Feet) Quality Sod & Landscape LLC Sunbelt Sod & Grading Co. Tom's Sod 303 8,000 - 16,000 $ 0.25 304 16,001 - 50,000 $ 0.20 305 50,001 - 100,000 $ 0.15 Items with a star ( ) indicates intent to award. NOTE: Sunbelt Sod & Grading a Small, Minority, Disadvataged Business Enterprise $0.12 $0.35Staking of Sod $0.12 Total bid for items 303 - 305: Staking will be required on slopes greater than 2:1, or in any other areas as requested by the City, in order to prevent sod Staking of Sod Description Staking of Sod $0.35 $0.12 $0.35 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#26-0094 Agenda Date: 2/19/2026 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 6.4 SUBJECT/RECOMMENDATION: Authorize a purchase order to Wise Hands, LLC. of St Petersburg, FL for citywide landscape plant material needs in the cumulative annual not-to-exceed amount of $300,000.00, for the initial term from March 5, 2026 through March 4, 2027, with up to three, one-year renewal options pursuant to Invitation to Bid 06-26 and authorize the appropriate officials to execute same. (consent) SUMMARY: Invitation to Bid #06-26, Citywide Landscape Plant Materials, was issued on November 19, 2025, and two submissions were received by the December 23, 2025, deadline. The Parks & Recreation Department evaluated each submission and determined that Wise Hands LLC. was the most responsive, responsible bidder in accordance with the bid specifications and was able to provide all requested plant material. The Parks & Recreation Department is recommending award of the contract to Wise Hands LLC. This contract will be used to support Parks & Recreation facilities as well as other city projects, as needed. The estimated annual expenditure under this contract is $300,000.00, with up to three, one-year renewal options in the amount of $300,000.00 annually. The Parks & Recreation Department will ensure compliance with all contractual requirements, including applicable insurance provisions. APPROPRIATION CODE AND AMOUNT: Funding will come from a variety Parks and Recreation cost centers and capital projects. The Parks and Recreation department and capital projects which support are funded by revenues from the General Fund. 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; ·3.2: Preserve community livability through responsible development standards, proactive code compliance, and targeted revitalization; and ·4.3: Protect the conservation of urban forests and public green spaces to promote biodiversity and reduce our carbon footprint. Page 1 City of Clearwater Printed on 2/18/2026 Line Item Description 1 Quercus virginiana – Southern Live Oak (No Cultivars) 8'-10' O.A., 30-65 Gallon 2 Pinus taeda – Loblolly Pine 8'-10' O.A. , 30-65 Gallon, Field Grown 3 Pinus elliottii – Slash Pine var 'Densa' 8'-10' O.A., 30- 65 Gallon, Field Grown 4 Pinus elliottii – Slash Pine 8'-10' O.A., 30-65 Gallon, Field Grown 5 Pinus palustris – Longleaf Pine 8'-10' O.A., 30-65 Gallon, Field Grown 6 Acer rubrum – Red Maple 8'-10' O.A., 30-65 Gallon, Field Grown 7 Fraxinus pennsylvanica - Green Ash 8'-10' O.A., 30- 65 Gallon, Field Grown 8 Platanus occidentalis - Sycamore 8'-10' O.A., 30-65 Gallon, Field Grown 9 Carya glabra – Pignut Hickory 8'-10' O.A., 30-65 Gallon, Field Grown 10 Delonix Regia - Royal Poinciana 8'-10' O.A., 30-65 Gallon, Field Grown 11 Magnolia Grandiflora - Brackens Brown Beauty 8'- 10' O.A., 30-65 Gallon, Field Grown 12 Magnolia virginiana – Sweet Bay Magnolia 8'-10' O.A., 30-65 Gallon, Field Grown 13 Taxodium ascendens – Pond Cypress 8'-10' O.A., 30- 65 Gallon, Field Grown 14 Taxodium disticum – Bald Cypress 8'-10' O.A., 30-65 Gallon, Field Grown Category 1: Containerized Shade Trees: MINIMUM PERCENTAGE OFFERED Hibernia Enterprises LLC Wise Hands LLC Amount Minimum % off MSRP Minimum % off MSRP 1 1.%3.% 1 1.%3.% 1 1.%3.% 1 1.%3.% 1 1.%3.% 1 1.%3.% 1 1.%3.% 1 1.%3.% 1 1.%3.% 1 1.%3.% 1 1.%3.% 1 1.%3.% 1 1.%3.% 1 1.%3.% Category 1: Containerized Shade Trees: MINIMUM PERCENTAGE OFFERED Line Item Description 1 Quercus virginiana – Southern Live Oak (No Cultivars) 8'-10' O.A., 30-65 Gallon 2 Pinus taeda – Loblolly Pine 8'-10' O.A. Field Grown, 30-65 Gallon, Field Grown 3 Pinus elliottii – Slash Pine var 'Densa' 8'-10' O.A., 30- 65 Gallon, Field Grown 4 Pinus elliottii – Slash Pine 8'-10' O.A., 30-65 Gallon, Field Grown 5 Pinus palustris – Longleaf Pine 8'-10' O.A., 30-65 Gallon, Field Grown 6 Acer rubrum – Red Maple 8'-10' O.A., 30-65 Gallon, Field Grown 7 Fraxinus pennsylvanica - Green Ash 8'-10' O.A., 30- 65 Gallon, Field Grown 8 Platanus occidentalis - Sycamore 8'-10' O.A., 30-65 Gallon, Field Grown 9 Carya glabra – Pignut Hickory 8'-10' O.A., 30-65 Gallon, Field Grown 10 Delonix Regia - Royal Poinciana 8'-10' O.A., 30-65 Gallon, Field Grown 11 Magnolia Grandiflora - Brackens Brown Beauty 8'- 10' O.A., 30-65 Gallon, Field Grown 12 Magnolia virginiana – Sweet Bay Magnolia 8'-10' O.A., 30-65 Gallon, Field Grown 13 Taxodium ascendens – Pond Cypress 8'-10' O.A., 30- 65 Gallon, Field Grown 14 Taxodium disticum – Bald Cypress 8'-10' O.A., 30-65 Gallon, Field Grown Category 1: Containerized Shade Trees: MAXIMUM PERCENTAGE OFFERED Hibernia Enterprises LLC Wise Hands LLC Amount Maximum % off MSRP Maximum % off MSRP 1 3.%10.% 1 3.%10.% 1 3.%10.% 1 3.%10.% 1 3.%10.% 1 3.%10.% 1 3.%10.% 1 3.%10.% 1 3.%10.% 1 3.%10.% 1 3.%10.% 1 3.%10.% 1 3.%10.% 1 3.%10.% Category 1: Containerized Shade Trees: MAXIMUM PERCENTAGE OFFERED Line Item Description 1 Wodyetia bifurcata – Foxtail Palm (Single) 12-14' O.A. 30-45 Gallon, Field Grown 2 Wodyetia bifurcata – Foxtail Palm (Single) 14'-18' O.A. 30-45 Gallon, Field Grown 3 Wodyetia bifurcata – Foxtail Palm (Single) 20'-24' O.A. Field Grown 4 Wodyetia bifurcata – Foxtail Palm (Double) 12-14' O.A. 30-45 Gallon, Field Grown 5 Wodyetia bifurcata – Foxtail Palm (Triple) 12'-14' O.A. 30-45 Gallon, Field Grown 6 Phoenix roebelenii - Pygmy date (Single) 4'-6' O.A. 25-45 Gallon, Field Grown 7 Phoenix roebelenii - Pygmy date (Double) 4'-6' O.A. 25-45 Gallon, Field Grown 8 Phoenix roebelenii - Pygmy date (Triple) 4'-6' O.A 25- 45 Gallon, Field Grown 9 Adonidia merrillii - Adonidia palm (Single) 10'-12' O.A., 25-45 Gallon, Field Grown 10 Adonidia merrillii - Adonidia palm (Double)10'-12' O.A., 25-45 Gallon, Field Grown 11 Adonidia merrillii - Adonidia palm (Triple) 10'-12' O.A., 25-45 Gallon, Field Grown 12 Copernicia alba – Caranday palm 10'-12' O.A., Field Grown 13 Roystonia regia - Royal Palm 12-18' O.A., Field 14 Bismarckia nobilis - Bismarck Palm 18'-22' O.A., 100 Gallon, Field Grown 15 Sabal palmetto – Cabbage Palm REGENERATED 10'- 20' CT, Field Grown Category 2: Palms: MINIMUM PERCENTAGE OFFERED Hibernia Enterprises LLC Wise Hands LLC Amount Minimum % off MSRP Minimum % off MSRP 1 1.%3.% 1 1.%3.% 1 1.%3.% 1 1.%3.% 1 1.%3.% 1 1.%3.% 1 1.%3.% 1 1.%3.% 1 1.%3.% 1 1.%3.% 1 1.%3.% 1 1.%3.% 1 1.%3.% 1 1.%3.% 1 1.%3.% Line Item Description 1 Wodyetia bifurcata – Foxtail Palm (Single) 12-14' O.A., 30-45 Gallon, Field Grown 2 Wodyetia bifurcata – Foxtail Palm (Single) 14'-18' O.A., 30-45 Gallon, Field Grown 3 Wodyetia bifurcata – Foxtail Palm (Single) 20'-24' O.A., Field Grown 4 Wodyetia bifurcata – Foxtail Palm (Double) 12-14' O.A., 30-45 Gallon, Field Grown 5 Wodyetia bifurcata – Foxtail Palm (Triple) 12'-14' O.A., 30-45 Gallon, Field Grown 6 Phoenix roebelenii - Pygmy date (Single) 4'-6' O.A., 25-45 Gallon, Field Grown 7 Phoenix roebelenii - Pygmy date (Double) 4'-6' O.A., 25-45 Gallon, Field Grown 8 Phoenix roebelenii - Pygmy date (Triple) 4'-6' O.A., 25-45 Gallon, Field Grown 9 Adonidia merrillii - Adonidia palm (Single) 10'-12' O.A., 25-45 Gallon, Field Grown 10 Adonidia merrillii - Adonidia palm (Double)10'-12' O.A., 25-45 Gallon, Field Grown 11 Adonidia merrillii - Adonidia palm (Triple) 10'-12' O.A., 25-45 Gallon, Field Grown 12 Copernicia alba – Caranday palm 10'-12' O.A., Field Grown 13 Roystonia regia - Royal Palm 12-18' O.A., Field 14 Bismarckia nobilis - Bismarck Palm 18'-22' O.A., 100 Gallon, Field Grown 15 Sabal palmetto – Cabbage Palm REGENERATED 10'- 20' CT, Field Grown Category 2: Palms: MAXIMUM PERCENTAGE OFFERED Hibernia Enterprises LLC Wise Hands LLC Amount Maximum % off MSRP Maximum % off MSRP 1 3.%10.% 1 3.%10.% 1 3.%10.% 1 3.%10.% 1 3.%10.% 1 3.%10.% 1 3.%10.% 1 3.%10.% 1 3.%10.% 1 3.%10.% 1 3.%10.% 1 3.%10.% 1 3.%10.% 1 3.%10.% 1 3.%10.% Line Item Description 1 Lagerstroemia Indica ‘Spec Variety’ - Crape Myrtle - Standard, 12' - 18' O.A., 25-45 Gallon, Field Grown 2 Lagerstroemia Indica ‘Spec Variety’ - Crape Myrtle - Multi Stem 12' - 18' O.A., 25-45 Gallon, Field Grown 3 Lagerstroemia speciosa - Queens Crape Myrtle - Standard 10'-12' O.A., 25-45 Gallon, Field Grown 4 Handroanthus impetiginosus - Pink Tabebouia 10'- 12' O.A., 25-45 Gallon, Field Grown 5 Bucida buceras ‘Shady Lady’ Black Olive 10'-13' O.A., 25-45 Gallon, Field Grown 6 Ilex vomitoria ‘Pendula’ – Weeping Yaupon Holly 6'- 10' O.A., 30-65 Gallon, Field Grown 7 Plumeria rubra – Frangipani or Lei plant 6'-10' O.A., 15-30 Gallon, Field Grown 8 Tibouchina urvilleana 'Compacta' – Princess Flower - Standard 6'- 8' O.A., 7-25 Gallon, Field Grown 9 Vitex agnus-castus 'Shoal Creek' - Chaste Tree 4'- 6' O.A., 15-30 Gallon, Field Grown 10 Vitex trifolia 'Purpurea'- Simple leaf Chaste Tree (Arabian Lilac) 5'-8' O.A., 15-30 Gallon, Field Grown 11 Cordia sebestena - Orange Geiger Tree 6'-10' O.A., 30-45 Gallon, Field Grown 12 Canocarpus erectus – Green Buttonwood - Standard 10'-12' O.A., 25-45 Gallon, Field Grown 13 Conocarpus erectus var. sericeus – Silver Buttonwood - Standard 10'-12' O.A., 25-45 Gallon, 14 Callistemon citrinus - Crimson Bottlebrush - Standard 8'-12' O.A., 25-45 Gallon, Field Grown 15 Podocarpus henkelii - Henkels Yellowwood 7'-10' O.A., 25-45 Gallon, Field Grwon 16 (IIlex x attenuata 'Eagleston' - Eagleston Holly 8'-10' O.A., 25-45 Gallon, Field Grown 17 Caesalpinia granadillo - Bridalveil Tree 14'-16', 25-45 Gallon, Field Grown Category 3: Accent Trees: MINIMUM PERCENTAGE OFFERED 18 Cercis canadensis 'Forest Pansy' - 'Forest Pansy' Eastern Redbud, 25-45 Gallon, Field grown Hibernia Enterprises LLC Wise Hands LLC Amount Minimum % off MSRP Minimum % off MSRP 1 1.%3.% 1 1.%3.% 1 No Bid 3.% 1 1.%3.% 1 No Bid 3.% 1 1.%3.% 1 No Bid 3.% 1 No Bid 3.% 1 1.%3.% 1 1.%3.% 1 No Bid 3.% 1 No Bid 3.% 1 No Bid 3.% 1 No Bid 3.% 1 No Bid 3.% 1 1.%3.% 1 No Bid 3.% 1 1.%3.% Line Item Description 1 Lagerstroemia Indica ‘Spec Variety’ - Crape Myrtle - Standard, 12' - 18' O.A., 25-45 Gallon, Field Grown 2 Lagerstroemia Indica ‘Spec Variety’ - Crape Myrtle - Multi Stem 12' - 18' O.A., 25-45 Gallon, Field Grown 3 Lagerstroemia speciosa - Queens Crape Myrtle - Standard 10'-12' O.A., 25-45 Gallon, Field Grown 4 Handroanthus impetiginosus - Pink Tabebouia 10'- 12' O.A., 25-45 Gallon, Field Grown 5 Bucida buceras ‘Shady Lady’ Black Olive 10'-13' O.A., 25-45 Gallon, Field Grown 6 Ilex vomitoria ‘Pendula’ – Weeping Yaupon Holly 6'- 10' O.A., 30-65 Gallon, Field Grown 7 Plumeria rubra – Frangipani or Lei plant 6'-10' O.A., 15-30 Gallon, Field Grown 8 Tibouchina urvilleana 'Compacta' – Princess Flower - Standard 6'- 8' O.A., 7-25 Gallon, Field Grwon 9 Vitex agnus-castus 'Shoal Creek' - Chaste Tree 4'- 6' O.A., 15-30 Gallon, Field Grown 10 Vitex trifolia 'Purpurea'- Simple leaf Chaste Tree (Arabian Lilac) 5'-8' O.A., 15-30 Gallon, Field Grown 11 Cordia sebestena - Orange Geiger Tree 6'-10' O.A., 30-45 Gallon, Field Grown 12 Canocarpus erectus – Green Buttonwood - Standard 10'-12' O.A., 25-45 Gallon, Field Grown 13 Conocarpus erectus var. sericeus – Silver Buttonwood - Standard 10'-12' O.A., 25-45 Gallon, 14 Callistemon citrinus - Crimson Bottlebrush - Standard 8'-12' O.A., 25-45 Gallon, Field Grown 15 Podocarpus henkelii - Henkels Yellowwood 7'-10' O.A., 25-45 Gallon, Field Grown 16 (IIlex x attenuata 'Eagleston' - Eagleston Holly 8'-10' O.A., 25-45 Gallon, Field Grown 17 Caesalpinia granadillo - Bridalveil Tree 14'-16'. 25-45 Gallon, Field Grown Category 3: Accent Trees: MAXIMUM PERCENTAGE OFFERED 18 Cercis canadensis 'Forest Pansy' - 'Forest Pansy' Eastern Redbud, 25-45 Gallon, Field Grown Hibernia Enterprises LLC Wise Hands LLC Amount Maximum % off MSRP Maximum % off MSRP 1 3.%10.% 1 3.%10.% 1 No Bid 10.% 1 3.%10.% 1 No Bid 10.% 1 3.%10.% 1 No Bid 10.% 1 No Bid 10.% 1 3.%10.% 1 3.%10.% 1 No Bid 10.% 1 No Bid 10.% 1 No Bid 10.% 1 No Bid 10.% 1 No Bid 10.% 1 3.%10.% 1 No Bid 10.% 1 3.%10.% Line Item Description 1 Clusia guttifera – Paddle plant 18"-36" O.A., 3 Gallon 2 Clusia guttifera – Paddle plant 4-5' O.A., 7 Gallon 3 Acalypha wilkesiana - Copper plant – varigated, 3 Gallon 4 Acalypha wilkesiana - Copper plant – red, 3 Gallon 5 Schefflera arbicola – Variegated or Green, 3 Gallon 6 Rapheolepis indica - Indian Hawthorne, 3 Gallon 7 Cocoloba uvifera - Sea grape, 3 Gallon 8 Canocarpus erectus – Green Buttonwood, 3 Gallon 9 Conocarpus erectus var. ericeus – Silver Buttonwood, 3 Gallon 10 Ficus microtcarpa ‘Green Island’ – Green Island Dwarf Ficus, 3 Gallon 11 Codiaeum variegatum ‘Sp Var.’– Croton RED MAMMY, 3 Gallon 12 Ilex vomitoria ‘Schillings Dwarf’ – Dwarf Yaupon Holly, 3 Gallon 13 Leucophyllum frutescens - Texas sage, 3 Gallon 14 Michelia figo – Banana Shrub, 3 Gallon 15 Chrysoblanus icaco ‘Red Tip’ – Red Tip Cocoplum, 3 Gallon 16 Chrysoblanus icaco ‘Horizontal’ – Dwarf Cocoplum, 3 Gallon 17 Ixora coccinea – Large Leaf Ixora, 3 Gallon 18 Ixora taiwanensis – Dwarf Ixora (Red, Yellow), 3 Gallon 19 Strelitzia reginae – Orange Bird of Paradise, 3 Gallon 20 Clusia rosea ‘Nana’ – Dwarf Paddle plant, 3 Gallon 21 Podocarpus macrophyllus ‘Pringles Dwarf’ – Dwarf Podocarpus, 3 Gallon 22 Viburnum obovatum – Walters Viburnum, 3 Gallon 23 Illicium spp. – Star Anise, 3 Gallon 24 Jatropha integerrima – Jatropha, 3 Gallon 25 Acca sellowiana - Pineapple Guava, 3 Gallon 26 Aloysia Virgata – Sweet Almond Bush, 3 Gallon Category 4: Plants: MINIMUM PERCENTAGE OFFERED 27 Callicarpa americana – Beautyberry, 3 Gallon 28 Hibiscus spp. – Hibiscus, Flower color and species vary, 3 Gallon 29 Hamelia patens - Dwarf firebush, 3 Gallon 30 Jasminum multiflorum – Downy Jasmine, 3 Gallon 31 Clerodedrum paniculatum – Pagoda Flower, 3 Gallon 32 Jasminum nitidum – Star Jasmine, 3 Gallon 33 Zamia floridana - Coontie, 3 Gallon 34 Vitex agnus-castus - Chaste Tree, 3 Gallon 35 Cordyline fruticosa - Ti Plant, 3 Gallon 36 Equisetum hyemale - Scouring-rush horsetail, 3 Gallon Hibernia Enterprises LLC Wise Hands LLC Amount Minimum % off MSRP Minimum % off MSRP 1 1.%3.% 1 1.%3.% 1 1.%3.% 1 1.%3.% 1 1.%3.% 1 1.%3.% 1 1.%3.% 1 1.%3.% 1 1.%3.% 1 1.%3.% 1 1.%3.% 1 1.%3.% 1 1.%3.% 1 1.%3.% 1 1.%3.% 1 1.%3.% 1 1.%3.% 1 1.%3.% 1 1.%3.% 1 1.%3.% 1 1.%3.% 1 1.%3.% 1 1.%3.% 1 1.%3.% 1 1.%3.% 1 1.%3.% 1 1.%3.% 1 1.%3.% 1 1.%3.% 1 1.%3.% 1 1.%3.% 1 1.%3.% 1 1.%3.% 1 1.%3.% 1 1.%3.% 1 1.%3.% Line Item Description 1 Clusia guttifera – Paddle plant 18"-36" O.A., 3 Gallon 2 Clusia guttifera – Paddle plant 4-5' O.A., 7 Gallon 3 Acalypha wilkesiana - Copper plant – varigated, 3 Gallon 4 Acalypha wilkesiana - Copper plant – red, 3 Gallon 5 Schefflera arbicola – Variegated or Green, 3 Gallon 6 Rapheolepis indica - Indian Hawthorne, 3 Gallon 7 Cocoloba uvifera - Sea grape, 3 Gallon 8 Canocarpus erectus – Green Buttonwood, 3 Gallon 9 Conocarpus erectus var. ericeus – Silver Buttonwood, 3 Gallon 10 Ficus microtcarpa ‘Green Island’ – Green Island Dwarf Ficus, 3 Gallon 11 Codiaeum variegatum ‘Sp Var.’– Croton RED MAMMY, 3 Gallon 12 Ilex vomitoria ‘Schillings Dwarf’ – Dwarf Yaupon Holly, 3 Gallon 13 Leucophyllum frutescens - Texas sage, 3 Gallon 14 Michelia figo – Banana Shrub, 3 Gallon 15 Chrysoblanus icaco ‘Red Tip’ – Red Tip Cocoplum, 3 Gallon 16 Chrysoblanus icaco ‘Horizontal’ – Dwarf Cocoplum, 3 Gallon 17 Ixora coccinea – Large Leaf Ixora, 3 Gallon 18 Ixora taiwanensis – Dwarf Ixora (Red, Yellow), 3 Gallon 19 Strelitzia reginae – Orange Bird of Paradise, 3 Gallon 20 Clusia rosea ‘Nana’ – Dwarf Paddle plant, 3 Gallon 21 Podocarpus macrophyllus ‘Pringles Dwarf’ – Dwarf Podocarpus, 3 Gallon 22 Viburnum obovatum – Walters Viburnum, 3 Gallon 23 Illicium spp. – Star Anise, 3 Gallon 24 Jatropha integerrima – Jatropha, 3 Gallon 25 Acca sellowiana - Pineapple Guava, 3 Gallon 26 Aloysia Virgata – Sweet Almond Bush, 3 Gallon Category 4: Plants: MAXIMUM PERCENTAGE OFFERED 27 Callicarpa americana – Beautyberry, 3 Gallon 28 Hibiscus spp. – Hibiscus, Flower color and species vary, 3 Gallon 29 Hamelia patens - Dwarf firebush, 3 Gallon 30 Jasminum multiflorum – Downy Jasmine, 3 Gallon 31 Clerodedrum paniculatum – Pagoda Flower, 3 Gallon 32 Jasminum nitidum – Star Jasmine, 3 Gallon 33 Zamia floridana - Coontie 34 Vitex agnus-castus - Chaste Tree 35 Cordyline fruticosa - Ti Plant 36 Equisetum hyemale - Scouring-rush horsetail Hibernia Enterprises LLC Wise Hands LLC Amount Maximum % off MSRP Maximum % off MSRP 1 3.%10.% 1 3.%10.% 1 3.%10.% 1 3.%10.% 1 3.%10.% 1 3.%10.% 1 3.%10.% 1 3.%10.% 1 3.%10.% 1 3.%10.% 1 3.%10.% 1 3.%10.% 1 3.%10.% 1 3.%10.% 1 3.%10.% 1 3.%10.% 1 3.%10.% 1 3.%10.% 1 3.%10.% 1 2.%10.% 1 3.%10.% 1 3.%10.% 1 3.%10.% 1 3.%10.% 1 3.%10.% 1 3.%10.% 1 3.%10.% 1 3.%10.% 1 3.%10.% 1 3.%10.% 1 3.%10.% 1 3.%10.% 1 3.%10.% 1 3.%10.% 1 3.%10.% 1 3.%10.% Line Item Description 1 Trachelospermum asiaticum – Green Asiatic Jasmine, 1 Gallon 2 Trachelospermum asiaticum Variegatum – Variegated Asiatic Jasmine, 1 Gallon 3 Arachis glabrata ‘Eco Turf’ – Perennial peanut, 1 Gallon 4 Arachis glabrata ‘Eco Turf’ – Perennial peanut, Palletized Sod Pieces 5 Carissa macrocarpa – Dwarf Natal Plum, 3 Gallon 6 Dianella tasmanica ‘Variegata’ – Variegated Flax Lily, 3 Gallon 7 Chrysoblanus icaco ‘Horizontal’ – Dwarf Cocoplum, 3 Gallon 8 Helianthus debilis – Dune Sunflower, 3 Gallon 9 Clusia guttifera 'Nana' - Dwarf Clusia, 3 Gallon 10 Liriope muscari ‘Evergreen Giant’, 1 Gallon 11 Ipomea pes-caprae - Railroad Vine, 1 Gallon 12 Borrichia frutescens - Sea ox-eye, 1 Gallon 13 Junonia coenia – Twin flower, 1 Gallon 14 Evolvulus glomeratus var. ‘Blue My Mind’ - Blue Daze, 1 Gallon Category 5: Groundcovers: MINIMUM PERCENTAGE OFFERED Hibernia Enterprises LLC Wise Hands LLC Amount Minimum % off MSRP Minimum % off MSRP 1 1.%3.% 1 1.%3.% 1 1.%3.% 1 No Bid 3.% 1 1.%3.% 1 1.%3.% 1 1.%3.% 1 No Bid 3.% 1 1.%3.% 1 1.%3.% 1 1.%3.% 1 1.%3.% 1 1.%3.% 1 1.%3.% Line Item Description 1 Trachelospermum asiaticum – Green Asiatic Jasmine, 1 Gallon 2 Trachelospermum asiaticum Variegatum – Variegated Asiatic Jasmine, 1 Gallon 3 Arachis glabrata ‘Eco Turf’ – Perennial peanut, 1 Gallon 4 Arachis glabrata ‘Eco Turf’ – Perennial peanut, Palletized Sod Pieces 5 Carissa macrocarpa – Dwarf Natal Plum, 3 Gallon 6 Dianella tasmanica ‘Variegata’ – Variegated Flax Lily, 3 Gallon 7 Chrysoblanus icaco ‘Horizontal’ – Dwarf Cocoplum, 3 Gallon 8 Helianthus debilis – Dune Sunflower, 3 Gallon 9 Clusia guttifera 'Nana' - Dwarf Clusia, 3 Gallon 10 Liriope muscari ‘Evergreen Giant’, 1 Gallon 11 Ipomea pes-caprae - Railroad Vine, 1 Gallon 12 Borrichia frutescens - Sea ox-eye, 1 Gallon 13 Junonia coenia – Twin flower, 1 Gallon 14 Evolvulus glomeratus var. ‘Blue My Mind’ - Blue Daze, 1 Gallon Category 5: Groundcovers: MAXIMUM PERCENTAGE OFFERED Hibernia Enterprises LLC Wise Hands LLC Amount Maximum % off MSRP Maximum % off MSRP 1 3.%10.% 1 3.%10.% 1 3.%10.% 1 No Bid 10.% 1 3.%10.% 1 3.%10.% 1 3.%10.% 1 No Bid 10.% 1 3.%10.% 1 3.%10.% 1 3.%10.% 1 3.%10.% 1 3.%10.% 1 3.%10.% Line Item Description 1 Gaillardia pulchella - Blanket flower, 1 Gallon 2 Solidago - Golden rod, 1 Gallon 3 Buddlea - Butterfly bush, 3 Gallon 4 Stachytarpheta jamaicensis - Blue porterweed, 1 Gallon 5 Salvia azurea - Blue salvia, 1 Gallon 6 Salvia coccinea - Red salvia, 1 Gallon 7 Pentas lanceolata - Pentas, 1 Gallon 8 Spartina bakeri - Sand cord grass, 3 Gallon 9 Tripsacum floridanum - Farahatchee grass, 3 Gallon 10 Crinum asiaticum - Crinum lily, 3 Gallon 11 Coreopsis - common tickseed, 1 Gallon 12 Tradescantia virginiana - Spiderwort, 3 Gallon 13 Rubeckia – black eyed susan, 1 Gallon 14 Lantana Camara - Lantana, 1 Gallon Category 6: Miscellaneous Plant Material: MINIMUM PERCENTAGE OFFERED Hibernia Enterprises LLC Wise Hands LLC Amount Minimum % off MSRP Minimum % off MSRP 1 1.%3.% 1 1.%3.% 1 1.%3.% 1 1.%3.% 1 1.%3.% 1 1.%3.% 1 1.%3.% 1 1.%3.% 1 1.%3.% 1 1.%3.% 1 1.%3.% 1 No Bid 3.% 1 1.%3.% 1 1.%3.% Category 6: Miscellaneous Plant Material: MINIMUM PERCENTAGE OFFERED Line Item Description 1 Gaillardia pulchella - Blanket flower, 1 Gallon 2 Solidago - Golden rod, 1 Gallon 3 Buddlea - Butterfly bush, 3 Gallon 4 Stachytarpheta jamaicensis - Blue porterweed, 1 Gallon 5 Salvia azurea - Blue salvia, 1 Gallon 6 Salvia coccinea - Red salvia, 1 Gallon 7 Pentas lanceolata - Pentas, 1 Gallon 8 Spartina bakeri - Sand cord grass, 3 Gallon 9 Tripsacum floridanum - Farahatchee grass, 3 Gallon 10 Crinum asiaticum - Crinum lily, 3 Gallon 11 Coreopsis - common tickseed, 1 Gallon 12 Tradescantia virginiana - Spiderwort, 3 Gallon 13 Rubeckia – black eyed susan, 1 Gallon 14 Lantana Camara - Lantana, 1 Gallon Category 6: Miscellaneous Plant Material: MAXIMUM PERCENTAGE OFFERED Hibernia Enterprises LLC Wise Hands LLC Amount Maximum % off MSRP Maximum % off MSRP 1 3.%10.% 1 3.%10.% 1 3.%10.% 1 3.%10.% 1 3.%10.% 1 3.%10.% 1 3.%10.% 1 3.%10.% 1 3.%10.% 1 3.%10.% 1 3.%10.% 1 No Bid 10.% 1 3.%10.% 1 3.%10.% Category 6: Miscellaneous Plant Material: MAXIMUM PERCENTAGE OFFERED Line Item Description 1 Delivery Fee Category 7: Delivery (Shall include loading and unloading of landscape materials) Hibernia Enterprises LLC Wise Hands LLC Unit of Measure Unit Cost Unit Cost 1 $500.00 $250.00 Category 7: Delivery (Shall include loading and unloading of landscape materials) v. 7.2024 Procurement Division PO Box 4748 33758-4748 Clearwater FL 727-562-4630 INVITATION TO BID 06-26 CITYWIDE LANDSCAPE PLANT MATERIALS NOTICE Wednesday, November 19, 2025 NOTICE IS HEREBY GIVEN that sealed bids will be received by the City of Clearwater (City) until 10:00 am, Local Time, on Tuesday, December 23, 2025 to provide: The City of Clearwater is seeking qualified Vendors to provide landscape plant materials for citywide beautification efforts, park enhancements, and general landscaping improvements. 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/215924. 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/215924. 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 Vendor Conference/Site Visit There is a Vendor Conference/Site Visit at 11:00 am on Monday, December 8, 2025 at Municipal Services Building, 100 S. Myrtle Ave., Clearwater, FL. 33756, 3rd Floor, Room 368. Attendance highly encouraged, but is not required as a condition of submitting a bid The conference/site visit provides interested parties an opportunity to discuss the City's needs, inspect the site and ask questions. During any site visit you must fully acquaint yourself with the conditions as they exist and the character of the operations to be conducted under the resulting contract. 2.4 Due Date & Time for Submission and Opening Date: Tuesday, December 23, 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. 2.5 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. 2.6 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. v. 7.2024 3 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. 2.7 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 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. 2.8 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. 2.9 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. 2.10 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. 2.11 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. 2.12 Specifications v. 7.2024 4 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. 2.13 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. 2.14 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. 2.15 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. 2.16 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. v. 7.2024 5 2.17 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. 2.18 Contractor Ethics It is the intention of the City to promote courtesy, fairness, impartiality, integrity, service, professionalism, economy, and government by law in the Procurement process. The responsibility for implementing this policy rests with each individual who participates in the Procurement process, including Respondents and Contractors. To achieve this purpose, it is essential that Respondents and Contractors doing business with the City also observe the ethical standards prescribed herein. It shall be a breach of ethical standards to: A. Exert any effort to influence any City employee or agent to breach the standards of ethical conduct. B. Intentionally invoice any amount greater than provided in Contract or to invoice for Materials or Services not provided. C. Intentionally offer or provide sub-standard Materials or Services or to intentionally not comply with any term, condition, specification or other requirement of a City Contract. 2.19 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. 2.20 Right to Protest Pursuant to Section 2.562(3), Clearwater Code of Ordinances, a bidder who submitted a response to a competitive solicitation and was not selected may appeal the decision through the bid protest procedures, a copy of which shall be available in the Procurement Division. A protesting bidder must include a fee of one percent of the amount of the bid or proposed contract to offset the City’s additional expenses related to the protest. This fee shall not exceed $5,000.00 nor be less than $50.00. Full refund will be provided should the protest be upheld. No partial refunds will be made. ADDRESS PROTESTS TO: City of Clearwater - Procurement Division 100 S Myrtle Ave, 3rd Floor - Purchasing Clearwater FL 33756 or PO Box 4748 Clearwater FL 33758-4748 2.21 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. v. 7.2024 6 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. 2.22 Criteria for Evaluation and Award The City evaluates three (3) categories of information: responsiveness, responsibility, and price. All bids must meet the following responsiveness and responsibility criteria to be considered further. A. Responsiveness. The City will determine whether the bid complies with the instructions for submitting bids including completeness of bid which encompasses the inclusion of all required attachments and submissions. The City must reject any bids that are submitted late. Failure to meet other requirements may result in rejection. B. Responsibility. The City will determine whether the bidder is one with whom it can or should do business. Factors that the City may evaluate to determine "responsibility" include, but are not limited to: excessively high or low priced bids, past performance, references (including those found outside the bid), compliance with applicable laws-including tax laws, bidder's record of performance and integrity - e.g. has the bidder been delinquent or unfaithful to any contract with the City, whether the bidder is qualified legally to contract with the City, financial stability and the perceived ability to perform completely as specified. A bidder must at all times have financial resources sufficient, in the opinion of the City, to ensure performance of the contract and must provide proof upon request. City staff may also use Dun & Bradstreet and/or any generally available industry information. The City reserves the right to inspect and review bidder’s facilities, equipment and personnel and those of any identified subcontractors. The City will determine whether any failure to supply information, or the quality of the information, will result in rejection. C. Price. We will then evaluate the bids that have met the requirements above 2.23 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. 2.24 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. 2.25 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/215924 to view the Procurement Division's Intent to Award postings. 2.26 ITB Timeline Dates are tentative and subject to change. v. 7.2024 7 Release ITB: November 19, 2025 Advertise Tampa Bay Times: November 19, 2025 Vendor Conference/Site Visit (Non-Mandatory): December 8, 2025, 11:00am Municipal Services Building, 100 S. Myrtle Ave., Clearwater, FL. 33756, 3rd Floor, Room 368 Question Submission Deadline: December 13, 2025, 10:00am Due Date & Time for Submissions and Opening: December 23, 2025, 10:00am Review Bids: December 23, 2025-January 6, 2026 Council Authorization: February 2026 Contract Begins: February 2026 STANDARD TERMS AND CONDITIONS In the event of a conflict between the Standard Terms & Conditions and the Professional Services Agreement, the terms of the Professional Services Agreement shall prevail. 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 v. 7.2024 8 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. 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 v. 7.2024 9 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. 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 v. 7.2024 10 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 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. v. 7.2024 11 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 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. v. 7.2024 12 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 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. The City will not be liable for incidental, special, or consequential damages. 3.19 Breach of contract during emergency recovery periods for natural emergencies Pursuant to F. S. § 252.505, any vendor who breaches a contract for commodities or services related to an emergency response for a natural emergency during an emergency recovery period shall pay a $5,000 penalty and damages, which may be either actual and consequential damages or liquidated damages. As used in this section, the term “emergency recovery period” means a 1-year period that begins on the date that the Governor initially declared a state of emergency for a natural emergency. 3.20 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 13 by judicial action, or otherwise required or obligated to cease performance by other provisions in this Agreement. 3.21 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. 3.22 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. 3.23 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 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. 3.24 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. 3.25 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. 3.26 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 14 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. 3.27 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. 3.28 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. 3.29 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. 3.30 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. 3.31 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. 3.32 FOB Destination Freight Prepaid and Allowed All deliveries will be FOB destination freight prepaid and allowed unless otherwise agreed. 3.33 Risk of Loss v. 7.2024 15 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. 3.34 Safeguarding City Property Contractor will be responsible for any damage to City real property or damage or loss of City personal property when such property is the responsibility of or in the custody of Contractor or its employees. 3.35 Warranty of Rights Contractor warrants it has title to, or the right to allow the City to use, the materials and services being provided and that the City may use same without suit, trouble, or hindrance from Contractor or third parties. 3.36 Proprietary Rights Indemnification Without limiting the foregoing, Contractor will without limitation, at its expense defend the City against all claims asserted by any person that anything provided by Contractor infringes a patent, copyright, trade secret, or other intellectual property right and must, without limitation, pay the costs, damages and attorneys' fees awarded against the City in any such action, or pay any settlement of such action or claim. Each party agrees to notify the other promptly of any matters to which this provision may apply and to cooperate with each other in connection with such defense or settlement. If a preliminary or final judgment is obtained against the City’s use or operation of the items provided by Contractor hereunder or any part thereof by reason of any alleged infringement, Contractor will, at its expense and without limitation, either: (a) modify the item so that it becomes non-infringing; (b) procure for the City the right to continue to use the item; (c) substitute for the infringing item other item(s) having at least equivalent capability; or (d) refund to the City an amount equal to the price paid, less reasonable usage, from the time of installation acceptance through cessation of use, which amount will be calculated on a useful life not less than five (5) years, plus any additional costs the City may incur to acquire substitute supplies or services. 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. 3.37 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). 3.38 Force Majeure Failure by either party to perform its duties and obligations will be excused by unforeseeable circumstances beyond its reasonable control, including acts of nature, acts of the public enemy, riots, fire, explosion, legislation, and governmental regulation. The party whose performance is so affected will within five (5) calendar days of the unforeseeable circumstance notify the other party of all pertinent facts and identify the force majeure event. The party whose performance is so affected must also take all reasonable steps, promptly and diligently, to prevent such causes if it is feasible to do so, or to minimize or eliminate the effect thereof. The delivery or performance date will be extended for a period equal to the time lost by reason of delay, plus such additional time as may be reasonably necessary to overcome the effect of the delay, provided however, under no circumstances will delays caused by a force majeure extend beyond one hundred-twenty (120) calendar days from the scheduled delivery or completion date of a task unless agreed upon by the parties. 3.39 Cooperative Use of Contract v. 7.2024 16 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. 3.40 Fuel Charges and Price Increases No fuel surcharges will be accepted. No price increases will be accepted without proper request by Contractor and response by the City’s Procurement Division. 3.41 Notices All notices to be given pursuant to this Agreement must be delivered to the parties at their respective addresses. Notices may be (i) personally delivered; (ii) sent via certified or registered mail, postage prepaid; (iii) sent via 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. 3.42 Governing Law, Venue This Agreement is governed by the laws of the State of Florida. The exclusive venue selected for any proceeding or suit in law or equity arising from or incident to this Agreement will be Pinellas County, Florida. 3.43 Integration Clause This Agreement, including all attachments and exhibits hereto, supersede all prior oral or written agreements, if any, between the parties and constitutes the entire agreement between the parties with respect to the work to be performed. 3.44 Provisions Required by Law Any provision required by law to be in this Agreement is a part of this Agreement as if fully stated in it. 3.45 Severability If any provision of this Agreement is declared void or unenforceable, such provision will be severed from this Agreement, which will otherwise remain in full force and effect. The parties will negotiate diligently in good faith for such amendment(s) of this Agreement as may be necessary to achieve the original intent of this Agreement, notwithstanding such invalidity or unenforceability. 3.46 Surviving Provisions Notwithstanding any completion, termination, or other expiration of this Agreement, all provisions which, by the terms of reasonable interpretation thereof, set forth rights and obligations that extend beyond completion, termination, or other expiration of this Agreement, will survive and remain in full force and effect. Except as specifically provided in this Agreement, completion, termination, or other expiration of this Agreement will not release any party from any liability or obligation arising prior to the date of termination. DETAILED SPECIFICATIONS The awarded companies are expected to perform the following work as tasked by the City. Estimated Annual requirements for each task element is indicated in the PRICING SHEET: 4.1 Introduction v. 7.2024 17 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 118,327 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 Work The City of Clearwater, FL, is seeking qualified vendors to furnish and deliver landscape plant materials in support of citywide beautification efforts, park enhancements, and general landscaping improvements. The City intends to award contracts to multiple vendors to supply and deliver high-quality landscape plant materials on an as-needed basis. No installation is required. Materials shall meet the specifications detailed in the Price Sheet and comply with applicable Florida Grades and Standards. Vendors shall guarantee pricing for all specified trees, palms, shrubs, ground covers, and miscellaneous plants. The City will not accept any plants that are listed on the Florida Invasive Species Council invasive plant list. Selected vendors will be responsible for delivering healthy, viable, and professionally grown materials that meet all specifications outlined herein. Tree Specifications • Species: Shall be selected from the pricing sheet and include a mix of native and adaptive species suitable for local climate. • Size: Minimum 2-inch caliper; trees shall be balled and burlapped or containerized. • Condition: Trees shall be healthy, vigorous, and free from pests and disease. • Standards: Shall meet American Association of Nurserymen (AAN) Standards for Nursery Stock and be classified as Florida #1 Grade or better under the 2022 Florida Grades and Standards for Nursery Plants. Palm Specifications • Species: Shall be selected from the pricing sheet and include a mix of native and adaptive species suitable for local climate. • Size: As indicated in the pricing sheet, Wodyetia bifurcata (Foxtail Palms) and Roystonea regia (Royal Palms) shall have 10–12 ft. clear trunk height. All palms shall be balled and burlapped unless otherwise specified. • Condition: Healthy, vigorous, and free from pests and disease. v. 7.2024 18 • Standards: Shall meet AAN Standards for Nursery Stock and Florida #1 Grade or better under the 2022 Florida Grades and Standards for Nursery Plants. Shrub Specifications • Species: Shall be selected from the pricing sheet and include a mix of native and adaptive species suitable for local climate. • Size: Minimum 1-gallon container unless otherwise specified. • Condition: Free of weeds, pests, and diseases; shall exhibit robust growth. • Standards: Shall conform to Florida Department of Agriculture and Consumer Services (FDACS) nursery standards and American National Standards Institute (ANSI) A300 standards for tree care operations. Ground Cover Specifications • Species: Shall be selected from the pricing sheet and include a mix of native and adaptive species suitable for local climate. • Size: Minimum 1-gallon container unless otherwise specified. • Condition: Healthy and free from pests, disease, and weeds; shall exhibit robust growth. • Special Note: Arachis glabrata (Perennial Peanut) shall be Certified ‘Eco Turf’, rhizomal type only (not stoloniferous). May be requested in sod or 1-gallon containers. • Standards: Shall meet FDACS nursery standards and ANSI A300 standards. Miscellaneous Plant Material Specifications • Species: Shall be selected from the pricing sheet and include a mix of native and adaptive species suitable for local climate. • Size: Minimum 1-gallon container unless otherwise noted. • Condition: Healthy, pest- and disease-free, with vigorous growth; shall exhibit robust growth. • Standards: Shall meet FDACS nursery standards and ANSI A300 standards. 4.3 Service Requirements Quality Assurance • Vendors shall inspect and verify all plant materials prior to and upon delivery to ensure compliance. • Documentation confirming plant health and viability is required for all deliveries. • Any plant material not meeting specifications will be rejected and shall be replaced at no cost to the City. v. 7.2024 19 4.4 Delivery Requirements Delivery Schedule • Deliveries shall be coordinated with designated City staff and occur Monday through Friday between 8:00 a.m. and 2:00 p.m., excluding City holidays. • Vendors shall provide a detailed delivery schedule, including lead times, prior to each delivery phase. • Communication shall be conducted via text, email, or phone. • Vendors shall notify City staff promptly of any weather-related or unforeseen delivery delays. Delivery Coordination • Drivers shall be briefed on site-specific access, restrictions, and unloading procedures. • City staff will provide contact details for the designated site representative to assist with delivery. Packaging and Handling • All plant materials shall be protected and secured during transit to prevent damage. • Trees and palms shall be tarped; if laid flat, trunks shall be padded. • Shrubs and ground covers shall be delivered in enclosed vehicles. • All unloading shall prevent damage to root balls, trunks, and plant containers. • If using machinery, vendors shall utilize padding and straps to avoid damage. • Containerized plants shall be handled by the container, not by the trunk or foliage. • Vendors are responsible for removing all packaging and debris upon delivery. • Damaged or improperly handled materials may be rejected and shall be replaced at no cost to the City or excluded from billing at the City’s discretion. 4.5 Pricing • All pricing provided on the Pricing Sheet must reflect a percentage discount off the Manufacturer’s Suggested Retail Price (MSRP). Vendors are required to list both a fixed minimum and maximum percentage discount off MSRP for all items offered. If an item is not available, the vendor shall indicate this by marking the “No Bid” column on the Pricing Sheet. A zero percent discount will not be accepted. A minimum discount of 3% is strongly preferred. • Delivery fees shall be inclusive of loading and unloading of landscape materials. No additional fees or surcharges will be accepted. • The City reserves the right to add plant material not listed on Pricing Sheet. Vendors are encouraged to include additional available plant materials with respected percentage discounts under Section 9. Bid Submittal. v. 7.2024 20 4.6 Minimum Qualifications • Vendors shall have experience in supplying plant material and will be required to have an ISA Certified Arborist on staff. All licenses and certifications (e.g., ISA Certified Arborist, FNGLA Certified Horticulture Professional, FDACS certifications) under Section 9. Bid Submittal. • A minimum of three (3) references, preferably from other public entities within the State of Florida for which similar services have been provided, are required under Section 9. Bid Submittal. 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 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. v. 7.2024 21 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, 06-26 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 6.1 Anticipated Beginning and End of Initial Term The initial term is estimated to be from February 2026 through January 2027. If the commencement of performance is delayed because the City does not execute the contract on the start date, the City may adjust the start date, end date and milestones to reflect the delayed execution. 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. v. 7.2024 22 6.4 Prices All pricing shall be firm for the initial term and any renewals, except where otherwise provided by the specifications, and include all transportation, insurance and warranty costs. The City shall not be invoiced at prices higher than those stated in any contract resulting from this bid. In addition, the City of Clearwater will not honor any tariff related surcharge without documented evidence the actual tariff increase was incurred by the vendor. The Contractor certifies that the prices offered are no higher than the lowest price the Contractor charges other buyers for similar quantities under similar conditions. The Contractor further agrees that any reductions in the price of the goods or services covered by this bid and occurring after award will apply to the undelivered balance. The Contractor shall promptly notify the City of such price reductions. 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. Submittal Requirements can be found under Section 9. of this solicitation. PRICING SHEET: Pursuant to the contract specifications enumerated and described in this solicitation, we agree to furnish landscape plant materials to the City of Clearwater at the price(s) stated below. Vendors are required to list both a fixed minimum and maximum percentage discount off MSRP for all items offered. If an item is not available, the vendor shall indicate this by marking the “No Bid” column on the Pricing Sheet. A zero percent discount will not be accepted. A minimum discount of 3% is strongly preferred. DELIVERY REQUIREMENTS FOB: Destination, Freight Prepaid and Allowed Freight Costs: Unit prices should include all freight and transportation charges PAYMENT TERMS: • City of Clearwater’s standard payment terms are NET30 • Electronic Funds Transfer (EFT) / Automated Clearing House (ACH CATEGORY 1: CONTAINERIZED SHADE TREES: MINIMUM PERCENTAGE OFFERED v. 7.2024 23 Line Item Description Amount Minimum % off MSRP No Bid 1 Quercus virginiana – Southern Live Oak (No Cultivars) 8'-10' O.A., 30- 65 Gallon 1 2 Pinus taeda – Loblolly Pine 8'-10' O.A. , 30-65 Gallon, Field Grown 1 3 Pinus elliottii – Slash Pine var 'Densa' 8'-10' O.A., 30-65 Gallon, Field Grown 1 4 Pinus elliottii – Slash Pine 8'-10' O.A., 30-65 Gallon, Field Grown 1 5 Pinus palustris – Longleaf Pine 8'- 10' O.A., 30-65 Gallon, Field Grown 1 6 Acer rubrum – Red Maple 8'-10' O.A., 30-65 Gallon, Field Grown 1 7 Fraxinus pennsylvanica - Green Ash 8'-10' O.A., 30-65 Gallon, Field Grown 1 8 Platanus occidentalis - Sycamore 8'-10' O.A., 30-65 Gallon, Field Grown 1 9 Carya glabra – Pignut Hickory 8'- 10' O.A., 30-65 Gallon, Field Grown 1 10 Delonix Regia - Royal Poinciana 8'-10' O.A., 30-65 Gallon, Field Grown 1 11 Magnolia Grandiflora - Brackens Brown Beauty 8'-10' O.A., 30-65 Gallon, Field Grown 1 12 Magnolia virginiana – Sweet Bay Magnolia 8'-10' O.A., 30-65 Gallon, Field Grown 1 v. 7.2024 24 Line Item Description Amount Minimum % off MSRP No Bid 13 Taxodium ascendens – Pond Cypress 8'-10' O.A., 30-65 Gallon, Field Grown 1 14 Taxodium disticum – Bald Cypress 8'-10' O.A., 30-65 Gallon, Field Grown 1 CATEGORY 1: CONTAINERIZED SHADE TREES: MAXIMUM PERCENTAGE OFFERED Line Item Description Amount Maximum % off MSRP No Bid 1 Quercus virginiana – Southern Live Oak (No Cultivars) 8'-10' O.A., 30- 65 Gallon 1 2 Pinus taeda – Loblolly Pine 8'-10' O.A. Field Grown, 30-65 Gallon, Field Grown 1 3 Pinus elliottii – Slash Pine var 'Densa' 8'-10' O.A., 30-65 Gallon, Field Grown 1 4 Pinus elliottii – Slash Pine 8'-10' O.A., 30-65 Gallon, Field Grown 1 5 Pinus palustris – Longleaf Pine 8'- 10' O.A., 30-65 Gallon, Field Grown 1 6 Acer rubrum – Red Maple 8'-10' O.A., 30-65 Gallon, Field Grown 1 7 Fraxinus pennsylvanica - Green Ash 8'-10' O.A., 30-65 Gallon, Field Grown 1 8 Platanus occidentalis - Sycamore 8'-10' O.A., 30-65 Gallon, Field Grown 1 v. 7.2024 25 Line Item Description Amount Maximum % off MSRP No Bid 9 Carya glabra – Pignut Hickory 8'- 10' O.A., 30-65 Gallon, Field Grown 1 10 Delonix Regia - Royal Poinciana 8'-10' O.A., 30-65 Gallon, Field Grown 1 11 Magnolia Grandiflora - Brackens Brown Beauty 8'-10' O.A., 30-65 Gallon, Field Grown 1 12 Magnolia virginiana – Sweet Bay Magnolia 8'-10' O.A., 30-65 Gallon, Field Grown 1 13 Taxodium ascendens – Pond Cypress 8'-10' O.A., 30-65 Gallon, Field Grown 1 14 Taxodium disticum – Bald Cypress 8'-10' O.A., 30-65 Gallon, Field Grown 1 CATEGORY 2: PALMS: MINIMUM PERCENTAGE OFFERED Line Item Description Amount Minimum % off MSRP No Bid 1 Wodyetia bifurcata – Foxtail Palm (Single) 12-14' O.A. 30-45 Gallon, Field Grown 1 2 Wodyetia bifurcata – Foxtail Palm (Single) 14'-18' O.A. 30-45 Gallon, Field Grown 1 3 Wodyetia bifurcata – Foxtail Palm (Single) 20'-24' O.A. Field Grown 1 4 Wodyetia bifurcata – Foxtail Palm (Double) 12-14' O.A. 30-45 Gallon, Field Grown 1 v. 7.2024 26 Line Item Description Amount Minimum % off MSRP No Bid 5 Wodyetia bifurcata – Foxtail Palm (Triple) 12'-14' O.A. 30-45 Gallon, Field Grown 1 6 Phoenix roebelenii - Pygmy date (Single) 4'-6' O.A. 25-45 Gallon, Field Grown 1 7 Phoenix roebelenii - Pygmy date (Double) 4'-6' O.A. 25-45 Gallon, Field Grown 1 8 Phoenix roebelenii - Pygmy date (Triple) 4'-6' O.A 25-45 Gallon, Field Grown 1 9 Adonidia merrillii - Adonidia palm (Single) 10'-12' O.A., 25-45 Gallon, Field Grown 1 10 Adonidia merrillii - Adonidia palm (Double)10'-12' O.A., 25-45 Gallon, Field Grown 1 11 Adonidia merrillii - Adonidia palm (Triple) 10'-12' O.A., 25-45 Gallon, Field Grown 1 12 Copernicia alba – Caranday palm 10'-12' O.A., Field Grown 1 13 Roystonia regia - Royal Palm 12- 18' O.A., Field Grown 1 14 Bismarckia nobilis - Bismarck Palm 18'-22' O.A., 100 Gallon, Field Grown 1 15 Sabal palmetto – Cabbage Palm REGENERATED 10'-20' CT, Field Grown 1 CATEGORY 2: PALMS: MAXIMUM PERCENTAGE OFFERED v. 7.2024 27 Line Item Description Amount Maximum % off MSRP No Bid 1 Wodyetia bifurcata – Foxtail Palm (Single) 12-14' O.A., 30-45 Gallon, Field Grown 1 2 Wodyetia bifurcata – Foxtail Palm (Single) 14'-18' O.A., 30-45 Gallon, Field Grown 1 3 Wodyetia bifurcata – Foxtail Palm (Single) 20'-24' O.A., Field Grown 1 4 Wodyetia bifurcata – Foxtail Palm (Double) 12-14' O.A., 30-45 Gallon, Field Grown 1 5 Wodyetia bifurcata – Foxtail Palm (Triple) 12'-14' O.A., 30-45 Gallon, Field Grown 1 6 Phoenix roebelenii - Pygmy date (Single) 4'-6' O.A., 25-45 Gallon, Field Grown 1 7 Phoenix roebelenii - Pygmy date (Double) 4'-6' O.A., 25-45 Gallon, Field Grown 1 8 Phoenix roebelenii - Pygmy date (Triple) 4'-6' O.A., 25-45 Gallon, Field Grown 1 9 Adonidia merrillii - Adonidia palm (Single) 10'-12' O.A., 25-45 Gallon, Field Grown 1 10 Adonidia merrillii - Adonidia palm (Double)10'-12' O.A., 25-45 Gallon, Field Grown 1 11 Adonidia merrillii - Adonidia palm (Triple) 10'-12' O.A., 25-45 Gallon, Field Grown 1 12 Copernicia alba – Caranday palm 10'-12' O.A., Field Grown 1 v. 7.2024 28 Line Item Description Amount Maximum % off MSRP No Bid 13 Roystonia regia - Royal Palm 12- 18' O.A., Field Grown 1 14 Bismarckia nobilis - Bismarck Palm 18'-22' O.A., 100 Gallon, Field Grown 1 15 Sabal palmetto – Cabbage Palm REGENERATED 10'-20' CT, Field Grown 1 CATEGORY 3: ACCENT TREES: MINIMUM PERCENTAGE OFFERED Line Item Description Amount Minimum % off MSRP No Bid 1 Lagerstroemia Indica ‘Spec Variety’ - Crape Myrtle - Standard, 12' - 18' O.A., 25-45 Gallon, Field Grown 1 2 Lagerstroemia Indica ‘Spec Variety’ - Crape Myrtle - Multi Stem 12' - 18' O.A., 25-45 Gallon, Field Grown 1 3 Lagerstroemia speciosa - Queens Crape Myrtle - Standard 10'-12' O.A., 25-45 Gallon, Field Grown 1 4 Handroanthus impetiginosus - Pink Tabebouia 10'-12' O.A., 25-45 Gallon, Field Grown 1 5 Bucida buceras ‘Shady Lady’ Black Olive 10'-13' O.A., 25-45 Gallon, Field Grown 1 6 Ilex vomitoria ‘Pendula’ – Weeping Yaupon Holly 6'-10' O.A., 30-65 Gallon, Field Grown 1 7 Plumeria rubra – Frangipani or Lei plant 6'-10' O.A., 15-30 Gallon, Field Grown 1 v. 7.2024 29 Line Item Description Amount Minimum % off MSRP No Bid 8 Tibouchina urvilleana 'Compacta' – Princess Flower - Standard 6'- 8' O.A., 7-25 Gallon, Field Grown 1 9 Vitex agnus-castus 'Shoal Creek' - Chaste Tree 4'- 6' O.A., 15-30 Gallon, Field Grown 1 10 Vitex trifolia 'Purpurea'- Simple leaf Chaste Tree (Arabian Lilac) 5'-8' O.A., 15-30 Gallon, Field Grown 1 11 Cordia sebestena - Orange Geiger Tree 6'-10' O.A., 30-45 Gallon, Field Grown 1 12 Canocarpus erectus – Green Buttonwood - Standard 10'-12' O.A., 25-45 Gallon, Field Grown 1 13 Conocarpus erectus var. sericeus – Silver Buttonwood - Standard 10'-12' O.A., 25-45 Gallon, Field Grown 1 14 Callistemon citrinus - Crimson Bottlebrush - Standard 8'-12' O.A., 25-45 Gallon, Field Grown 1 15 Podocarpus henkelii - Henkels Yellowwood 7'-10' O.A., 25-45 Gallon, Field Grwon 1 16 (IIlex x attenuata 'Eagleston' - Eagleston Holly 8'-10' O.A., 25-45 Gallon, Field Grown 1 17 Caesalpinia granadillo - Bridalveil Tree 14'-16', 25-45 Gallon, Field Grown 1 18 Cercis canadensis 'Forest Pansy' - 'Forest Pansy' Eastern Redbud, 25-45 Gallon, Field grown 1 CATEGORY 3: ACCENT TREES: MAXIMUM PERCENTAGE OFFERED v. 7.2024 30 Line Item Description Amount Maximum % off MSRP No Bid 1 Lagerstroemia Indica ‘Spec Variety’ - Crape Myrtle - Standard, 12' - 18' O.A., 25-45 Gallon, Field Grown 1 2 Lagerstroemia Indica ‘Spec Variety’ - Crape Myrtle - Multi Stem 12' - 18' O.A., 25-45 Gallon, Field Grown 1 3 Lagerstroemia speciosa - Queens Crape Myrtle - Standard 10'-12' O.A., 25-45 Gallon, Field Grown 1 4 Handroanthus impetiginosus - Pink Tabebouia 10'-12' O.A., 25-45 Gallon, Field Grown 1 5 Bucida buceras ‘Shady Lady’ Black Olive 10'-13' O.A., 25-45 Gallon, Field Grown 1 6 Ilex vomitoria ‘Pendula’ – Weeping Yaupon Holly 6'-10' O.A., 30-65 Gallon, Field Grown 1 7 Plumeria rubra – Frangipani or Lei plant 6'-10' O.A., 15-30 Gallon, Field Grown 1 8 Tibouchina urvilleana 'Compacta' – Princess Flower - Standard 6'- 8' O.A., 7-25 Gallon, Field Grwon 1 9 Vitex agnus-castus 'Shoal Creek' - Chaste Tree 4'- 6' O.A., 15-30 Gallon, Field Grown 1 10 Vitex trifolia 'Purpurea'- Simple leaf Chaste Tree (Arabian Lilac) 5'-8' O.A., 15-30 Gallon, Field Grown 1 11 Cordia sebestena - Orange Geiger Tree 6'-10' O.A., 30-45 Gallon, Field Grown 1 v. 7.2024 31 Line Item Description Amount Maximum % off MSRP No Bid 12 Canocarpus erectus – Green Buttonwood - Standard 10'-12' O.A., 25-45 Gallon, Field Grown 1 13 Conocarpus erectus var. sericeus – Silver Buttonwood - Standard 10'-12' O.A., 25-45 Gallon, Field Grown 1 14 Callistemon citrinus - Crimson Bottlebrush - Standard 8'-12' O.A., 25-45 Gallon, Field Grown 1 15 Podocarpus henkelii - Henkels Yellowwood 7'-10' O.A., 25-45 Gallon, Field Grown 1 16 (IIlex x attenuata 'Eagleston' - Eagleston Holly 8'-10' O.A., 25-45 Gallon, Field Grown 1 17 Caesalpinia granadillo - Bridalveil Tree 14'-16'. 25-45 Gallon, Field Grown 1 18 Cercis canadensis 'Forest Pansy' - 'Forest Pansy' Eastern Redbud, 25-45 Gallon, Field Grown 1 CATEGORY 4: PLANTS: MINIMUM PERCENTAGE OFFERED Line Item Description Amount Minimum % off MSRP No Bid 1 Clusia guttifera – Paddle plant 18"- 36" O.A., 3 Gallon 1 2 Clusia guttifera – Paddle plant 4-5' O.A., 7 Gallon 1 3 Acalypha wilkesiana - Copper plant – varigated, 3 Gallon 1 4 Acalypha wilkesiana - Copper plant – red, 3 Gallon 1 v. 7.2024 32 Line Item Description Amount Minimum % off MSRP No Bid 5 Schefflera arbicola – Variegated or Green, 3 Gallon 1 6 Rapheolepis indica - Indian Hawthorne, 3 Gallon 1 7 Cocoloba uvifera - Sea grape, 3 Gallon 1 8 Canocarpus erectus – Green Buttonwood, 3 Gallon 1 9 Conocarpus erectus var. ericeus – Silver Buttonwood, 3 Gallon 1 10 Ficus microtcarpa ‘Green Island’ – Green Island Dwarf Ficus, 3 Gallon 1 11 Codiaeum variegatum ‘Sp Var.’– Croton RED MAMMY, 3 Gallon 1 12 Ilex vomitoria ‘Schillings Dwarf’ – Dwarf Yaupon Holly, 3 Gallon 1 13 Leucophyllum frutescens - Texas sage, 3 Gallon 1 14 Michelia figo – Banana Shrub, 3 Gallon 1 15 Chrysoblanus icaco ‘Red Tip’ – Red Tip Cocoplum, 3 Gallon 1 16 Chrysoblanus icaco ‘Horizontal’ – Dwarf Cocoplum, 3 Gallon 1 17 Ixora coccinea – Large Leaf Ixora, 3 Gallon 1 18 Ixora taiwanensis – Dwarf Ixora (Red, Yellow), 3 Gallon 1 19 Strelitzia reginae – Orange Bird of Paradise, 3 Gallon 1 v. 7.2024 33 Line Item Description Amount Minimum % off MSRP No Bid 20 Clusia rosea ‘Nana’ – Dwarf Paddle plant, 3 Gallon 1 21 Podocarpus macrophyllus ‘Pringles Dwarf’ – Dwarf Podocarpus, 3 Gallon 1 22 Viburnum obovatum – Walters Viburnum, 3 Gallon 1 23 Illicium spp. – Star Anise, 3 Gallon 1 24 Jatropha integerrima – Jatropha, 3 Gallon 1 25 Acca sellowiana - Pineapple Guava, 3 Gallon 1 26 Aloysia Virgata – Sweet Almond Bush, 3 Gallon 1 27 Callicarpa americana – Beautyberry, 3 Gallon 1 28 Hibiscus spp. – Hibiscus, Flower color and species vary, 3 Gallon 1 29 Hamelia patens - Dwarf firebush, 3 Gallon 1 30 Jasminum multiflorum – Downy Jasmine, 3 Gallon 1 31 Clerodedrum paniculatum – Pagoda Flower, 3 Gallon 1 32 Jasminum nitidum – Star Jasmine, 3 Gallon 1 33 Zamia floridana - Coontie, 3 Gallon 1 34 Vitex agnus-castus - Chaste Tree, 3 Gallon 1 35 Cordyline fruticosa - Ti Plant, 3 Gallon 1 v. 7.2024 34 Line Item Description Amount Minimum % off MSRP No Bid 36 Equisetum hyemale - Scouring- rush horsetail, 3 Gallon 1 CATEGORY 4: PLANTS: MAXIMUM PERCENTAGE OFFERED Line Item Description Amount Maximum % off MSRP No Bid 1 Clusia guttifera – Paddle plant 18"- 36" O.A., 3 Gallon 1 2 Clusia guttifera – Paddle plant 4-5' O.A., 7 Gallon 1 3 Acalypha wilkesiana - Copper plant – varigated, 3 Gallon 1 4 Acalypha wilkesiana - Copper plant – red, 3 Gallon 1 5 Schefflera arbicola – Variegated or Green, 3 Gallon 1 6 Rapheolepis indica - Indian Hawthorne, 3 Gallon 1 7 Cocoloba uvifera - Sea grape, 3 Gallon 1 8 Canocarpus erectus – Green Buttonwood, 3 Gallon 1 9 Conocarpus erectus var. ericeus – Silver Buttonwood, 3 Gallon 1 10 Ficus microtcarpa ‘Green Island’ – Green Island Dwarf Ficus, 3 Gallon 1 11 Codiaeum variegatum ‘Sp Var.’– Croton RED MAMMY, 3 Gallon 1 12 Ilex vomitoria ‘Schillings Dwarf’ – Dwarf Yaupon Holly, 3 Gallon 1 v. 7.2024 35 Line Item Description Amount Maximum % off MSRP No Bid 13 Leucophyllum frutescens - Texas sage, 3 Gallon 1 14 Michelia figo – Banana Shrub, 3 Gallon 1 15 Chrysoblanus icaco ‘Red Tip’ – Red Tip Cocoplum, 3 Gallon 1 16 Chrysoblanus icaco ‘Horizontal’ – Dwarf Cocoplum, 3 Gallon 1 17 Ixora coccinea – Large Leaf Ixora, 3 Gallon 1 18 Ixora taiwanensis – Dwarf Ixora (Red, Yellow), 3 Gallon 1 19 Strelitzia reginae – Orange Bird of Paradise, 3 Gallon 1 20 Clusia rosea ‘Nana’ – Dwarf Paddle plant, 3 Gallon 1 21 Podocarpus macrophyllus ‘Pringles Dwarf’ – Dwarf Podocarpus, 3 Gallon 1 22 Viburnum obovatum – Walters Viburnum, 3 Gallon 1 23 Illicium spp. – Star Anise, 3 Gallon 1 24 Jatropha integerrima – Jatropha, 3 Gallon 1 25 Acca sellowiana - Pineapple Guava, 3 Gallon 1 26 Aloysia Virgata – Sweet Almond Bush, 3 Gallon 1 27 Callicarpa americana – Beautyberry, 3 Gallon 1 v. 7.2024 36 Line Item Description Amount Maximum % off MSRP No Bid 28 Hibiscus spp. – Hibiscus, Flower color and species vary, 3 Gallon 1 29 Hamelia patens - Dwarf firebush, 3 Gallon 1 30 Jasminum multiflorum – Downy Jasmine, 3 Gallon 1 31 Clerodedrum paniculatum – Pagoda Flower, 3 Gallon 1 32 Jasminum nitidum – Star Jasmine, 3 Gallon 1 33 Zamia floridana - Coontie 1 34 Vitex agnus-castus - Chaste Tree 1 35 Cordyline fruticosa - Ti Plant 1 36 Equisetum hyemale - Scouring- rush horsetail 1 CATEGORY 5: GROUNDCOVERS: MINIMUM PERCENTAGE OFFERED Line Item Description Amount Minimum % off MSRP No Bid 1 Trachelospermum asiaticum – Green Asiatic Jasmine, 1 Gallon 1 2 Trachelospermum asiaticum Variegatum – Variegated Asiatic Jasmine, 1 Gallon 1 3 Arachis glabrata ‘Eco Turf’ – Perennial peanut, 1 Gallon 1 4 Arachis glabrata ‘Eco Turf’ – Perennial peanut, Palletized Sod Pieces 1 5 Carissa macrocarpa – Dwarf Natal Plum, 3 Gallon 1 v. 7.2024 37 Line Item Description Amount Minimum % off MSRP No Bid 6 Dianella tasmanica ‘Variegata’ – Variegated Flax Lily, 3 Gallon 1 7 Chrysoblanus icaco ‘Horizontal’ – Dwarf Cocoplum, 3 Gallon 1 8 Helianthus debilis – Dune Sunflower, 3 Gallon 1 9 Clusia guttifera 'Nana' - Dwarf Clusia, 3 Gallon 1 10 Liriope muscari ‘Evergreen Giant’, 1 Gallon 1 11 Ipomea pes-caprae - Railroad Vine, 1 Gallon 1 12 Borrichia frutescens - Sea ox-eye, 1 Gallon 1 13 Junonia coenia – Twin flower, 1 Gallon 1 14 Evolvulus glomeratus var. ‘Blue My Mind’ - Blue Daze, 1 Gallon 1 CATEGORY 5: GROUNDCOVERS: MAXIMUM PERCENTAGE OFFERED Line Item Description Amount Maximum % off MSRP No Bid 1 Trachelospermum asiaticum – Green Asiatic Jasmine, 1 Gallon 1 2 Trachelospermum asiaticum Variegatum – Variegated Asiatic Jasmine, 1 Gallon 1 3 Arachis glabrata ‘Eco Turf’ – Perennial peanut, 1 Gallon 1 4 Arachis glabrata ‘Eco Turf’ – Perennial peanut, Palletized Sod Pieces 1 v. 7.2024 38 Line Item Description Amount Maximum % off MSRP No Bid 5 Carissa macrocarpa – Dwarf Natal Plum, 3 Gallon 1 6 Dianella tasmanica ‘Variegata’ – Variegated Flax Lily, 3 Gallon 1 7 Chrysoblanus icaco ‘Horizontal’ – Dwarf Cocoplum, 3 Gallon 1 8 Helianthus debilis – Dune Sunflower, 3 Gallon 1 9 Clusia guttifera 'Nana' - Dwarf Clusia, 3 Gallon 1 10 Liriope muscari ‘Evergreen Giant’, 1 Gallon 1 11 Ipomea pes-caprae - Railroad Vine, 1 Gallon 1 12 Borrichia frutescens - Sea ox-eye, 1 Gallon 1 13 Junonia coenia – Twin flower, 1 Gallon 1 14 Evolvulus glomeratus var. ‘Blue My Mind’ - Blue Daze, 1 Gallon 1 CATEGORY 6: MISCELLANEOUS PLANT MATERIAL: MINIMUM PERCENTAGE OFFERED Line Item Description Amount Minimum % off MSRP No Bid 1 Gaillardia pulchella - Blanket flower, 1 Gallon 1 2 Solidago - Golden rod, 1 Gallon 1 3 Buddlea - Butterfly bush, 3 Gallon 1 4 Stachytarpheta jamaicensis - Blue porterweed, 1 Gallon 1 v. 7.2024 39 Line Item Description Amount Minimum % off MSRP No Bid 5 Salvia azurea - Blue salvia, 1 Gallon 1 6 Salvia coccinea - Red salvia, 1 Gallon 1 7 Pentas lanceolata - Pentas, 1 Gallon 1 8 Spartina bakeri - Sand cord grass, 3 Gallon 1 9 Tripsacum floridanum - Farahatchee grass, 3 Gallon 1 10 Crinum asiaticum - Crinum lily, 3 Gallon 1 11 Coreopsis - common tickseed, 1 Gallon 1 12 Tradescantia virginiana - Spiderwort, 3 Gallon 1 13 Rubeckia – black eyed susan, 1 Gallon 1 14 Lantana Camara - Lantana, 1 Gallon 1 CATEGORY 6: MISCELLANEOUS PLANT MATERIAL: MAXIMUM PERCENTAGE OFFERED Line Item Description Amount Maximum % off MSRP No Bid 1 Gaillardia pulchella - Blanket flower, 1 Gallon 1 2 Solidago - Golden rod, 1 Gallon 1 3 Buddlea - Butterfly bush, 3 Gallon 1 4 Stachytarpheta jamaicensis - Blue porterweed, 1 Gallon 1 v. 7.2024 40 Line Item Description Amount Maximum % off MSRP No Bid 5 Salvia azurea - Blue salvia, 1 Gallon 1 6 Salvia coccinea - Red salvia, 1 Gallon 1 7 Pentas lanceolata - Pentas, 1 Gallon 1 8 Spartina bakeri - Sand cord grass, 3 Gallon 1 9 Tripsacum floridanum - Farahatchee grass, 3 Gallon 1 10 Crinum asiaticum - Crinum lily, 3 Gallon 1 11 Coreopsis - common tickseed, 1 Gallon 1 12 Tradescantia virginiana - Spiderwort, 3 Gallon 1 13 Rubeckia – black eyed susan, 1 Gallon 1 14 Lantana Camara - Lantana, 1 Gallon 1 CATEGORY 7: DELIVERY (SHALL INCLUDE LOADING AND UNLOADING OF LANDSCAPE MATERIALS) Line Item Description Unit of Measure Unit Cost 1 Delivery Fee 1 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? v. 7.2024 41 ☐ 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" Certifying Agency* List the Agency that provided your certification. *Response required When equals "Yes" v. 7.2024 42 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. ☐ Please confirm *Response required 5 E-Verify System Certification* v. 7.2024 43 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 Delivery and Fulfillment Capabilities* Describe delivery and fulfillment capabilities including process for replacing rejected plant materials. Reference Detailed Specifications, 4.4. Delivery Requirements *Response required 7 Do you have additional plant materials available?* Reference Detailed Specifications, 4.5. Pricing ☐ Yes ☐ No *Response required When equals "Yes" Upload Additional plant materials * Include additional available plant materials with respected percentage discounts both minimum and maximum. *Response required 8 Provide Licenses and Certifications* Reference Detailed Specifications, 4.6. Minimum Qualifications *Response required v. 7.2024 44 9 References* Please download the below documents, complete, and upload. • REFERENCES.pdf *Response required 10 Scrutinized Company Certification* Please download the below documents, complete, notarize, and upload. • SCRUTINIZED_COMPANIES_AND_B... *Response required 11 Compliance with Anti-Human Trafficking Laws* Please download the below documents, complete, and upload. • Compliance_with_787.06_form... *Response required 12 W-9* Upload your current W-9 form. (available at https://www.irs.gov/pub/irs-pdf/fw9.pdf) *Response required v. 7.2024 45 Citywide Landscape Material RFP Price Sheet Category 1: Containerized Shade Trees Quercus virginiana – Southern Live Oak (No Cultivars) Quercus virginiana – Southern Live Oak (No Cultivars) Pinus taeda – Loblolly Pine Pinus elliottii – Slash Pine Pinus palustris – Longleaf Pine Acer rubrum – Red Maple Fraxinus pennsylvanica - Green Ash Platanus occidentalis - Sycamore Carya glabra – Pignut Hickory Delonix Regia - Royal Poinciana Magnolia Grandiflora - Brackens Brown Beauty Magnolia virginiana – Sweet Bay Magnolia Taxodium ascendens – Pond Cypress Taxodium disticum – Bald Cypress Category 2: Palms Wodyetia bifurcata – Foxtail Palm (Single) Wodyetia bifurcata – Foxtail Palm (Single) Wodyetia bifurcata – Foxtail Palm (Single) Wodyetia bifurcata – Foxtail Palm (Double) Wodyetia bifurcata – Foxtail Palm (Triple) Phoenix roebelenii - Pygmy date (Single Phoenix roebelenii - Pygmy date (Double) Phoenix roebelenii - Pygmy date (Triple) Adonidia merrillii - Adonidia palm (Single) Adonidia merrillii - Adonidia palm (Double) Adonidia merrillii - Adonidia palm (Triple) Copernicia alba – Caranday palm Roystonia regia - Royal Palm Bismarckia nobilis - Bismarck Palm Sabal palmetto – Cabbage Palm REGENERATED Category 3: Accent Trees Lagerstroemia Indica ‘Spec Variety’ - Crape Myrtle - Standard Lagerstroemia Indica ‘Spec Variety’ - Crape Myrtle - Multi Stem Handroanthus impetiginosus - Pink Tabebouia Bucida buceras ‘Shady Lady’ Black Olive ‘Shady Lady’ Ilex vomitoria ‘Pendula’ – Weeping Yaupon Holly Plumeria rubra – Frangipani or Lei plant Tibouchina urvilleana – Princess Flower Vitex Agnus - Chaste Tree Cordia sebestena - Orange Geiger Tree Canocarpus erectus – Green Buttonwood Conocarpus erectus var. sericeus – Silver Buttonwood Callistemon Myrtaceae - Crimson Bottlebrush (IIlex x attenuata 'Eagleston' - Eagleston Holly Cercis Canadensis - Eastern Redbud Category 4: Plants Clusia guttifera – Paddle plant Clusia guttifera – Paddle plant Acalypha wilkesiana - Copper plant – varigated Acalypha wilkesiana - Copper plant – red Schefflera arbicola – Variegated or Green Rapheolepis indica - Indian Hawthorne Cocoloba uvifera - Sea grape Canocarpus erectus – Green Buttonwood Conocarpus erectus var. ericeus – Silver Buttonwood Ficus microtcarpa ‘Green Island’ – Green Island Dwarf Ficus Codiaeum variegatum ‘Sp Var.’– Croton RED MAMMY Ilex vomitoria ‘Schillings Dwarf’ – Dwarf Yaupon Holly Leucophyllum frutescens - Texas sage Michelia figo – Banana Shrub Chrysoblanus icaco ‘Red Tip’ – Red Tip Cocoplum Chrysoblanus icaco ‘Horizontal’ – Dwarf Cocoplum Ixora coccinea – Large Leaf Ixora Ixora taiwanensis – Dwarf Ixora (Red, Yellow) Strelitzia reginae – Orange Bird of Paradise Clusia rosea ‘Nana’ – Dwarf Paddle plant Podocarpus macrophyllus ‘Pringles Dwarf’ – Dwarf Podocarpus Viburnum obovatum – Walters Viburnum Illicium spp. – Star Anise Jatropha integerrima – Jatropha Acca sellowiana - Pineapple Guava Aloysia Virgata – Sweet Almond Bush Callicarpa americana – Beautyberry Hibiscus spp . – Hibiscus, Flower color and species vary Hamelia patens - Dwarf firebush Jasminum multiflorum – Downy Jasmine Clerodedrum paniculatum – Pagoda Flower Jasminum nitidum – Star Jasmine Zamia floridana - Coontie Cordyline fruticosa - Ti Plant Equisetum hyemale - Scouring-rush horsetail Category 5: Groundcovers Trachelospermum asiaticum – Green Asiatic Jasmine Trachelospermum asiaticum Variegatum – Variegated Asiatic Jasmine Arachis glabrata ‘Eco Turf’ – Perennial peanut Carissa macrocarpa – Dwarf Natal Plum Dianella tasmanica ‘Variegata’ – Variegated Flax Lily Chrysoblanus icaco ‘Horizontal’ – Dwarf Cocoplum Helianthus debilis – Dune Sunflower Liriope muscari ‘Evergreen Giant’ Junonia coenia – Twin flower Evolvulus glomeratus var. ‘Blue My Mind’ - Blue Daze Category 6: Miscellaneous Plant Material Gaillardia pulchella - Blanket flower Solidago - Golden rod Buddlea - Butterfly bush Stachytarpheta jamaicensis - Blue porterweed Salvia azurea - Blue salvia Salvia coccinea - Red salvia Pentas lanceolata - Pentas Spartina bakeri - Sand cord grass, Tripsacum floridanum - Farahatchee grass Crinum asiaticum - Crinum lily Coreopsis - common tickseed Tradescantia virginiana - Spiderwort Rubeckia – black eyed susan Lantana Camara - Lantana Size Amount Unit Cost Total 30 Gallon 1 -$ 45 Gallon 1 -$ 30 Gallon 1 -$ 30 Gallon 1 -$ 30 Gallon 1 -$ 30 Gallon 1 -$ 30 Gallon 1 -$ 30 Gallon 1 -$ 30 Gallon 1 -$ 30 Gallon 1 -$ 30 Gallon 1 -$ 30 Gallon 1 -$ 30 Gallon 1 -$ 30 Gallon 1 -$ TOTAL -$ Size Amount Unit Cost Total 45 Gallon 1 $0.00 FG 10'CT 1 $0.00 FG 12'CT 1 $0.00 FG 10'CT 1 $0.00 FG 10'CT 1 $0.00 45 Gallon 1 $0.00 45 Gallon 1 $0.00 45 Gallon 1 $0.00 45 Gallon 1 $0.00 45 Gallon 1 $0.00 45 Gallon 1 $0.00 FG 10'CT 1 $0.00 FG 10'CT 1 $0.00 FG 10'CT 1 $0.00 FG 10'CT 1 $0.00 TOTAL $0.00 Size Amount Unit Cost Total 30 Gallon 1 $0.00 30 Gallon 1 $0.00 30 Gallon 1 $0.00 30 Gallon 1 $0.00 30 Gallon 1 $0.00 15 Gallon 1 $0.00 30 Gallon 1 $0.00 30 Gallon 1 $0.00 30 Gallon 1 $0.00 30 Gallon 1 $0.00 30 Gallon 1 $0.00 30 Gallon 1 $0.00 30 Gallon 1 $0.00 30 Gallon 1 $0.00 TOTAL $0.00 Size Amount Unit Cost Total 15 Gallon 1 $0.00 3 Gallon 1 $0.00 3 Gallon 1 $0.00 3 Gallon 1 $0.00 3 Gallon 1 $0.00 3 Gallon 1 $0.00 15 Gallon 1 $0.00 3 Gallon 1 $0.00 3 Gallon 1 $0.00 3 Gallon 1 $0.00 3 Gallon 1 $0.00 3 Gallon 1 $0.00 3 Gallon 1 $0.00 3 Gallon 1 $0.00 3 Gallon 1 $0.00 3 Gallon 1 $0.00 3 Gallon 1 $0.00 3 Gallon 1 $0.00 3 Gallon 1 $0.00 3 Gallon 1 $0.00 3 Gallon 1 $0.00 3 Gallon 1 $0.00 3 Gallon 1 $0.00 7 Gallon 1 $0.00 3 Gallon 1 $0.00 3 Gallon 1 $0.00 3 Gallon 1 $0.00 3 Gallon 1 $0.00 3 Gallon 1 $0.00 3 Gallon 1 $0.00 3 Gallon 1 $0.00 3 Gallon 1 $0.00 3 Gallon 1 $0.00 3 Gallon 1 $0.00 3 Gallon 1 $0.00 TOTAL $0.00 Size Amount Unit Cost Total 1 Gallon 1 $0.00 1 Gallon 1 $0.00 1 Gallon 1 $0.00 3 Gallon 1 $0.00 3 Gallon 1 $0.00 3 Gallon 1 $0.00 1 Gallon 1 $0.00 3 Gallon 1 $0.00 1 Gallon 1 $0.00 1 Gallon 1 $0.00 TOTAL $0.00 Size Amount Unit Cost Total 1 Gallon 1 $0.00 1 Gallon 1 $0.00 1 Gallon 1 $0.00 1 Gallon 1 $0.00 1 Gallon 1 $0.00 1 Gallon 1 $0.00 1 Gallon 1 $0.00 1 Gallon 1 $0.00 1 Gallon 1 $0.00 1 Gallon 1 $0.00 1 Gallon 1 $0.00 1 Gallon 1 $0.00 1 Gallon 1 $0.00 1 Gallon 1 $0.00 TOTAL $0.00 1) Hibernia Enterprises LLC 2) Wise Hands LLC 1176 C 478A 4747 18th Avenue South Webster, FL 33597 St. Petersburg, FL 33711352-267-5149 727-275-0521 ADVERTISED: TAMPA BAY TIMES 11/19/2025 POSTED:myclearwater.com 11/19/2025-1/15/2026 FOR THE CITY OF CLEARWATER Due/Opening: Thursday, January 15, 2026; 10:00 a.m. INVITATION TO BID No. 06-26 Citywide Landscape Plant Materials Solicitation Response Listing January 28, 2026 NOTICE OF INTENT TO AWARD-REVISED The Parks and Recreation Department and the Procurement Division recommend award of ITB No. 06-26, Citywide Landscape Plant Materials, to Wise Hands LLC of St. Petersburg, Florida, the most responsive, responsible bidder, in accordance with the bid specifications, in the estimated annual amount of $300,000.00, for the initial term anticipated to begin on March 5, 2026 through March 4, 2027, with three (3), one (1) year renewal options. This Award recommendation will be considered by the City Council at the March 2, 2026, Work Session (1:30 p.m.) and voted on March 5, 2026, 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, Leslie Greve 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 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#26-0051 Agenda Date: 2/19/2026 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: General Services Agenda Number: 6.5 SUBJECT/RECOMMENDATION: Authorize a purchase order to Elxsi dba Cues of Orlando, FL for the purchase of a Ford F550 diesel cab with a 16’ cargo box equipped with Cues equipment in the amount of $514,399.74 pursuant to Clearwater Code of Ordinances Section 2.563(1)(c) - Piggyback; declare G4858 surplus and authorize disposal by auction or trade-in pursuant to code sections 2.623(6) and (7), whichever is deemed to be in the City’s best interest, and authorize the appropriate officials to execute same. (consent) SUMMARY: The Public Utilities Department uses camera trucks, also referred to as closed-circuit television (CCTV) trucks, to inspect and assess the City’s wastewater collection system. Vehicle G4858, a 2020 Ford F550 Cues Truck, is listed on the Vehicle Replacement List (VRL) for Fiscal Year 2027. On March 5, 2024, the vehicle sustained roof damage that resulted in water intrusion. Multiple repair attempts did not resolve the leaks. Continued moisture penetration led to mold intrusion and deterioration of interior structural components. On December 10, 2025, the Risk Management Division classified the vehicle as a total loss. The General Services Department, in coordination with the Public Utilities Department, requests authorization for an expenditure not to exceed $514,399.74 for the purchase of a 2026 Ford F550 cargo box truck equipped with Cues technology. The estimated build lead time for the replacement unit is approximately nine months. The pricing is based on a competitively awarded contract through the Houston-Galveston Area Council, Contract SC06-24, which is valid through May 31, 2028. Authorization is requested to piggyback this contract pursuant to Clearwater Code of Ordinances Section 2.563(1)(c). If it is determined that surplusing the vehicle is in the City’s best interest, the asset will be declared surplus and sent to Royal Auction Group, which was competitively solicited by Pinellas County under Contract No. 190-537-R, valid through November 16, 2027. APPROPRIATION CODE AND AMOUNT: 3667366-564100-L1910. Budget is available in General Services-Garage capital project L1910, Garage Motorized Equipment Replacement, to be funded via short-term internal financing. The Garage Division of General Services is an internal service fund of the city responsible for city-wide fleet procurement and maintenance. STRATEGIC PRIORITY: This purchase will support all the objectives of a High-Performance Government (1.2) and continue to provide Superior Public Service. Page 1 City of Clearwater Printed on 2/18/2026 Prepared for: CLEARWATER, CITY OF (MAIN) Attention: Deborah Moore CUES Document Number: Q-06290 HGAC Document Number: SC06-24 Quote Date: 1/13/2026 Quote Expiration Date: 2/28/2026 Prepared by: Jake McLean Regional Sales Manager CUES,INC. | 3600 Rio Vista Avenue | Orlando,FL 32805 | 800.327.7791 | cuesinc.com Dear Justin Fletcher Thank you for your interest in CUES products and for allowing us the opportunity to provide this proposal. We understand the task of choosing a vendor can be daunting, and we respect how difficult it is to weigh the differences between manufacturers and system designs. Since 1964, CUES has been the pipe inspection industry leader, offering the most reliable and durable equipment in the world, while bringing the best availabletechnologies to the market. Based on our discussion of your business needs I have listed what you indicated was important to you in choosing a CCTV equipment provider: • We are always attempting to reduce downtime due to parts and shortages. • Downtime costs us money, so we need reliable equipment• Parts availability/repairs Based on your needs above we have listed below how CUES will help provide solutions for these: • CUES Customer Support Centers and field service technicians are locatedthroughout North America. Each center stocks parts and loaners, as well as servicing your equipment. We offer world-class technical support to your team, with the most collective industry knowledge of any manufacturer. CUES is the only industry company to offer a 100%full-circle solution for all your pipeline inspection needs. We take pride in providing long-term pipeline and manhole inspection solutions. Thank you again for the opportunity to provide this proposed solution. Sincerely, Steven JaykoCUES, INC. Regional Sales Representative Cell:407-883-1654 sjayko@cuesinc.com CUES,INC. | 3600 Rio Vista Avenue | Orlando,FL 32805 | 800.327.7791 | cuesinc.com CUES Equipment Quote DESCRIPTION QTY CUES TV/LAMP SYSTEM TO INCLUDE: 1 FORD F-550 DIESEL CAB CHASSIS 205" WB 2X4 CHASSIS WITH 16' CARGO BOX 7500 WATT DIESEL ONAN GENERATOR WITH UNDER MOUNT COMPARTMENT 1 1 STORAGE DRAWER/POWER BOOM CRANE DEPLOYMENT SYSTEM 1 SAFE ENTRY/EXIT BUMPER FOR F-550 1 TRANSPORTER STORAGE DRAWER EXTENDED 1 KICKPLATE 2 DRAWER STACK ALUMINUM STORAGE 1 BACK-UP COLOR CAMERA SYSTEM [CHASSIS] 1 EXTERIOR CHASSIS LIGHTING - STANDARD 1 EVOLUTION 3.0 INTERIOR 1 RHINO LINING FLOORING IN VIEWING ROOM AND EQUIPMENT ROOM 1 INTERIOR CABINET HARDWARE KIT, F550 1 BLANK PANEL KIT FOR HIGH CUBE/TRAILER TV/LAMP OR TV/LAMP/ SEALWITH STANDARD COMPUTER 1 LOW PROFILE, ROOF MOUNTED AIR CONDITIONER 1 WALL MOUNTED ELECTRIC HEATER WITH HOUSING 1 CURBSIDE DOOR WITH 3 STEPS 1 BENCH SEAT WITH CUSHION 1 CLOSET IN VIEWING ROOM 1 STANDARD INTERIOR LIGHTING FOR HIGH CUBE & TRAILER 1 FIRE EXTINGUISHER & MOUNTING BRACKET 1 OPERATORS CHAIR, SWIVEL WITH CASTERS 1 WINDOW TRIM KIT 1 MULTI-OUTLET WORKSTATION WITH LIGHTS AND USB PORTS 1 20-GALLON WASHDOWN SYSTEM WITH SINK 1 5 DRAWER TOOL CHEST WITH DRAWER LINERS 1 STORAGE DRAWER UNIT FOR EQUIPMENT ROOM LOWER CABINET 1 VISE, BENCH MOUNT 1 FIRST AID KIT 1 PAPER TOWEL HOLDER 1 ETHERNET PORT 1 CUES,INC. | 3600 Rio Vista Avenue | Orlando,FL 32805 | 800.327.7791 | cuesinc.com DESCRIPTION QTY PORTABLE AIR COMPRESSOR 1 ENCLOSED LAVATORY 1 22" MONITOR (QTY: 2) WITH SHORTENED MOUNT FOR DESK TOP (QTY:2) 1 32" REAR LED MONITOR IN EQUIPMENT ROOM WITH MOUNT 1 1500' TV CABLE ASSEMBLY, M/C 12 PIN 1 TV REEL ASSEMBLY WITH CENTER SLIPRING FOR UP TO 1500' OF TV CABLE 1 BASE INTERIOR WIRING 1 PCU ASSEMBLY 1 CCU ASSEMBLY 1 WIRELESS CONTROLLER 1 WIRED CONTROLLER, USB 1 SELF PROPELLED LATERAL INSPECTION SYSTEM READY KIT 1 15" LCD MONITOR FOR LAMP WITH WALL MOUNT, SWIVEL BRACKET 1 LATERAL LAUNCHER WITH FIXED VIEW LATERAL CAMERA AND REAR VIEW CAMERA 1 MICRO PAN & TILT CAMERA 1 6" STEEL WHEEL KIT FOR CPR / LAMP 1 6" STEEL SPIKE WHEEL 6 8" STEEL WHEEL KIT FOR CPR / LAMP/ WTR 1 8" STEEL SPIKE WHEEL 6 10" - 15" STEEL WHEEL KIT FOR CPR / LAMP / WTR 1 10" - 15" STEEL SPIKE WHEEL 6 150' PUSH CABLE FOR LATERAL INSPECTION SYSTEM 2 OZ3s P&T ZOOM M/C LED CAMERA WITH BUILT-IN SONDE 1 BRASS STEERABLE COMPACT PIPE RANGER, WHEELED 1 8" RUBBER WHEEL KIT 1 10-15" RUBBER WHEEL KIT 1 6"-15"PIPE SPACER KIT - BRASS 1 6" STEEL 10/12 GR WHEEL KIT 1 8" STEEL 10/12 GRIT WHEEL KIT 1 12"-15" PNEUMATIC TIRE KIT 1 6" STEEL SPIKE WHEEL 6 8" STEEL SPIKE WHEEL 6 10" - 15" STEEL SPIKE WHEEL 6 NUC COMPUTER [NO GRANITENET SOFTWARE] 1 CUES,INC. | 3600 Rio Vista Avenue | Orlando,FL 32805 | 800.327.7791 | cuesinc.com DESCRIPTION QTY USB 3.0 FLASH DRIVE 1 USB DOCKING STATION 1 HAUPPAGE VIDEO CAPTURE CARD 1 PANEL BLANK KIT FOR NUC 1 KEYBOARD AND MOUSE COMBO, WIRED 1 COLOR PRINTER AND CABLE 1 INTERCONNECT CABLING FOR RACK MOUNT COMPUTER 1 ROOFTOP ANTENNA 1 CUSTOMER TRANSFERING EXISTING LICENSE 1 TV DOWNHOLE KIT 1 TIGER TAIL WITH ROPE 1 MULTI CONDUCTOR TV ONLY TOOL KIT 1 5 DAYS FIELD TRAINING FOR ID SYSTEM 1 TRUCK DELIVERY-FLORIDA 1 List Total: $618,859.76 Discounted Total $514,399.74 CUES,INC. | 3600 Rio Vista Avenue | Orlando,FL 32805 | 800.327.7791 | cuesinc.com Payment and Purchase Terms & Conditions Delivery: 90 – 120 days ARO. Delivery is an ESTIMATE ONLY based on the current production schedule as of the date of quotation and is subject to change. For accurate delivery, please contact your CUES Regional Sales Manager at the time of order. Payment: Net 30 FOB: Destination Taxes & Pricing: Unless otherwise noted, pricing above does not include any applicable sales tax. The final invoice will reflect all taxes unless there is a tax-exempt certificate on file with CUES, Inc. accounting. This Quote and the goods and services quoted thereunder are subject to Cues, Inc.Terms and Conditions of Sale found at: CUES Terms and Conditions of Sale. By accepting this Quote, Buyer agrees to be bound by these terms. Detailed Specifications & Contract Purchases Detailed technical specifications are available upon request to help your team define language for any upcoming competitive bid requirement. Additionally, CUES equipment is available through competitively bid cooperative contracts, such as HGACBuy. References Extensive lists of product specific references or general company references are available upon request. CUES,INC. | 3600 Rio Vista Avenue | Orlando,FL 32805 | 800.327.7791 | cuesinc.com Attachment A CUES, Inc. Sewer/Storm Water, Hydro-Excavating Equipment and Related Services Contract No.: SC06-24 Aug-24 Manufacturer Model Item Description Offered List Price HGACBuy Discount Category D - Sewer/Storm Water/Pipeline Inspection System - portable CUES, Inc.D1 - Mark 3 System Mark3 - Portable Mainline TV Inspection System”, including: Pan and Tilt Zoom camera, Ultra Shorty self propelled tractor for 6"-15" lines, LCD Display with built in Power Control Unit, keypad and mounted on reinforced RAM assembly, built in DVR, compact reel with 1000' multi-conductor TV cable, auto payout retrieve and footage head, downhole equipment and one day training. 107,160.00$ 6% CUES, Inc.D2 - QZIII Pole Camera QZ III Zoom Pole Camera system, including: wireless high definition camera, distance to defect, M.A.P. lighting, extendable telescoping pole, rechargeable battery and wireless control via GNET software(software sold separately). 20,478.00$ 6% CUES, Inc. D3 - MP+ Portable Pipeline Inspection System MP+ - Portable Pipeline Inspection System : Portable lateral & mini-mainline push system. This modularly designed system stands out by integrating all of the most sought after features including video titling, video inspection coding, digital recording and portability into an easy to use and intuitive package. System includes a miniature self leveling camera with built in sonde, stainless steel durable wheeled coiler with 200’ of push cable and large 8.4 industrial grade monitor with built in titling and digital recording in a weather/water resistant enclosure for 2” – 12” pipelines. 19,900.00$ 6% CUES, Inc. D4 - C541 Flexiprobe Plumbers Portable Inspection System C541 Flexiprobe® Plumbers including Command Center, Mini reel with 100' push rod, 1" color camera, universal flexispring, skid set. 8,533.00$ 6% CUES, Inc. D5 - C541 Flexiprobe Mini Portable Inspection System C541 Flexiprobe® Mini including Command Center, Mini reel with 115' push rod, 1" color camera, universal flexispring, skid set. 9,842.00$ 6% CUES, Inc. D6 - C542 Flexiprobe Standard Portable Inspection System C542 Flexiprobe® Standard including Command Center, Standard reel with 200' push rod, 1" self-levelling color camera, universal flexispring, skid set. 10,695.00$ 6% CUES, Inc. D7 - C543 Flexiprobe Standard Portable Inspection System C543 Flexiprobe® Standard including Command Center, Standard reel with 500' push rod, 1" self-levelling color camera, universal flexispring, skid set. 19,054.00$ 6% CUES, Inc. D8 - C550 Flexitrax Small Standard Portable Inspection Package C550 Flexitrax Small Standard Package - Portable Inspection System, Motorized Drum with up to 1000' cable, 6" crawler with lift, Pan & Tilt Camera for Pipe Inspection of 6-18" diameter pipes. Comes complete with Downhole System and Command Module with built in joysticks. 62,623.00$ 6% CUES, Inc. D9 - C550 Flexitrax Large Standard Portable Inspection Package C550 Flexitrax Large Standard Package - Portable Inspection System, Motorized Drum with up to 1000' cable, 8" crawler with lift, Pan & Tilt Camera for Pipe Inspection of 8" - 36" diameter pipes. Comes complete with Downhole System and Command Module with built in joysticks. 79,398.00$ 6% CUES, Inc.VX390LH/800 Truck Mounted Hydro-Excavator: 3 Stage Centrifugal Compressor with Cyclone, Hydrostatic Drive, 10' Aluminum Telescoping Boom, 9 CY Debris Tank, 800 Gal H2O, Single Engine 345,690.00$ 2% CUES, Inc.IEXPD6112/1500 Truck Mounted Hydro-Excavator: Personnel Enclosure, 6176 CFM / 28 HG Positive Displacement Trinado Blower with Dual Cyclones, Transfer Case Driven, Requires 8' x 8" Rear Boom only, 12 CY Debris Tank, Extended Frame, 6x4. Cannot be used with High Dump. Has only One Deck Mounted Tool Box on Curb Side to Make Room for Blower. Note: Rear Boom Only. Duralift "Self-steer" suspension axle: 13,500lb./Air Ride, Air Lift w/295/75R22.5 tires 613,700.00$ 2% CUES, Inc.MXT390SH/800 Truck Mounted Hydro-Excavataor: 3 Stage Vac-Con Blower, Hydrostatic Drive, 9 CY Debris Tank, 800 Gal H2O, 6' Aluminum Telescoping Boom, Single Engine 334,180.00$ 2% CUES, Inc.MS800 Trailer Mounted Hydro-Excavator, 800 Gal. Debris, 325 Gal. water, no boom, 49 HP Kubota Diesel, 909 CFM/16" HG with Chassis Mounting Option 142,798.00$ 2% Category E - Sewer/Storm Water/Pipeline Inspection System Vans and Trailers CUES, Inc. E1 - Hi-Cube Van Installation (Vehicle Provided by Customer) Hi-Cube Van Installation (vehicle provided by customer) which includes: 14' aluminum hi- cube body with full height walk thru to viewing room from cab; Evolution Hi-Cube interior carpentry and outfitting; 7 KW on-board generator; Pan and Tilt Zoom camera; rack-mounted Power Control Unit (PCU); Data display system with 22” LCD rack-mounted monitor; rack- mounted DVR, TV cable reel with drop-down cable guide, footage head, and 1000’ of multi- conductor cable; Ultra Shorty self propelled tractor for 6"-15" lines; maintenance kit, downhole equipment and two (2) days training. 205,050.00$ 6% CUES, Inc.E2 - Hi-Cube Van TV Inspection Vehicle Hi-Cube Van TV Inspection Vehicle - Ford E450 Cutaway Van, 158" wheelbase, gas engine, automatic transmission, cab air conditioning, AM/FM Radio, 14,050 GVW which includes: 14' aluminum hi-cube body with full height walk thru to viewing room from cab; Evolution Hi Cube interior carpentry and outfitting; 7 KW on-board generator; Pan and Tilt Zoom camera; rack-mounted Power Control Unit (PCU); Data display system with 22” LCD rack-mounted monitor; rack-mounted DVR; TV cable reel with drop-down cable guide, footage head, and 1000’ of multi-conductor cable; Ultra Shorty self propelled tractor for 6"-15" lines; maintenance kit, downhole equipment and two (2) days training. 254,250.00$ 6% CUES, Inc. E3 - Step Van Installation (Vehicle Provided by Customer) Step Van Installation (vehicle provided by customer) which includes: 16' Step Van body with Evolution interior carpentry and outfitting; 7 KW on-board generator; Pan and Tilt Zoom camera; rack-mounted Power Control Unit (PCU); Data display system with 22” LCD rack- mounted monitor; rack-mounted DVR, TV cable reel with drop-down cable guide, footage head, and 1000’ of multi-conductor cable; Ultra Shorty self propelled tractor for 6"-15" lines; maintenance kit, downhole equipment and two (2) days training. 235,522.00$ 6% CUES, Inc.E4 - Step Van TV Inspection Vehicle Step Van TV Inspection Vehicle - Ford F59 Step Van chassis, 178" wheelbase, gas engine, automatic transmission, cab air conditioning, AM/FM Radio, 19,500 GVW which includes: 16' Step Van body with Evolution interior carpentry and outfitting; 7 KW on-board generator; Pan and Tilt Zoom camera; rack-mounted Power Control Unit (PCU); Data display system with 22” LCD rack-mounted monitor; rack-mounted DVR-SD; TV cable reel with drop-down cable guide, footage head, and 1000’ of multi-conductor cable; Ultra Shorty self propelled tractor for 6"-15" lines; maintenance kit, downhole equipment and two (2) days training. 288,628.00$ 6% CUES, Inc. E5 - Sprinter Installation (Vehicle Provided by Customer) Sprinter Van Installation (vehicle provided by customer) which includes: Evolution Sprinter interior carpentry and outfitting; 7.5 KW Diesel on-board generator, Pan and Tilt Zoom camera; rack-mounted Power Control Unit (PCU); Data display system; 22” LCD rack- mounted monitor; rack-mounted DVR, TV cable reel with drop-down cable guide, footage head, and 1000’ of multi-conductor cable; Ultra Shorty self propelled tractor for 6"-15" lines; maintenance kit, downhole equipment and two (2) days training. 186,863.00$ 6% CUES, Inc.E6 - Sprinter TV Inspection Vehicle Sprinter TV Inspection Vehicle - Mercedes-Benz Sprinter 170" wheelbase, diesel engine, automatic transmission, cab air conditioning, AM/FM Radio, 11,030 GVW which includes: 14' body, Evolution Sprinter interior carpentry and outfitting; 7.5 KW Diesel on-board generator; Pan and Tilt Zoom camera; rack-mounted Power Control Unit (PCU); Data display system; 22” LCD rack-mounted monitor; rack-mounted DVR, TV cable reel with drop-down cable guide, footage head, and 1000’ of multi-conductor cable; Ultra Shorty self propelled tractor for 6"-15" lines; maintenance kit, downhole equipment and two (2) days training. 261,636.00$ 6% CUES, Inc. E7 - Ford Transit Installation (Vehicle Provided by Customer) Ford Transit Van Installation (vehicle provided by customer) which includes: Evolution interior carpentry and outfitting; 7 KW on-board generator, Pan and Tilt Zoom camera; rack- mounted Power Control Unit (PCU); Data display system; 22” LCD rack-mounted monitor; rack-mounted DVR, TV cable reel with drop-down cable guide, footage head, and 1000’ of multi-conductor cable; Ultra Shorty self propelled tractor for 6"-15" lines; maintenance kit, downhole equipment and two (2) days training. 182,548.00$ 6% CUES, Inc.E8 - Ford Transit TV Inspection Vehicle Ford Transit TV Inspection Vehicle - Ford Transit, 148" wheelbase, 3.7 L gas engine, automatic transmission, cab air conditioning, AM/FM Radio, 10,360 GVW which includes: Evolution interior carpentry and outfitting; 7 KW on-board generator; Pan and Tilt Zoom camera; rack-mounted Power Control Unit (PCU); Data display system; 22” LCD rack- mounted monitor; rack-mounted DVR, TV cable reel with drop-down cable guide, footage head, and 1000’ of multi-conductor cable; Ultra Shorty self propelled tractor for 6"-15" lines; maintenance kit, downhole equipment and two (2) days training. 245,526.00$ 6% Appraisers of Central Florida PO Box 1599 Belleview, FL 34421 Phone (407) 757-2376 Fax (407) 720-4482 Email AOCF18@outlook.com APPRAISAL REPORT - FILE # 3788739 COMPANY VEHICLE OWNER Company City of Clearwater Name john stone City of Clearwater Adjuster John Stone Address 1900 grand ave Claim Number XXXXX City Clearwater Policy Number State FL Deductible Zip 33765 Insured Name CITY OF CLEARWATER Mobile Phone 7272247564 Date of Loss April 16, 2025 Home Phone Date Contacted December 9, 2025 Work Number Date Inspected December 10, 2025 Email johnp.stone@myclearwater.com Loss Type Other Claim For Insured Assignment Type Total_loss Appraiser James Hamlin VEHICLE INFO VEHICLE LOCATION Year 2020 Location Repair Shop Make Ford Location Name CUES TRUCK MANUFACTURER Model F-550 Cues Sewer Came...Address 3019 MERCY DRIVE VIN 1FDUF5GT8LEC51249 City Orlando License Plate XH7335 State FL Color White Zip 32808 Mileage 32287 Phone Driveable No Fax TIRE INFORMATION Tire Make Size Tread Depth Left Front Right Front Left Rear Right Rear TOWING & SALVAGE TOTAL LOSS Towing Charges $ 0.00 Total Loss Yes Lien Fee $ 0.00 Driveable No Admin Fee $ 0.00 Total Loss Valuation Other Other Charges $ 0.00 Request # Storage Fee (per day)$ 0.00 Valuation Amount / TL %$247852.26 / 89.34% Storage Since NADA Value / TL %$0.00 / ESTIMATE SALVAGE BIDS Appraisal Amount $ 221443.30 Salvage Yard / Contact Phone Amount UPD Amount $ 0.00 / 0.00 Betterment Amount $ 0.00 / 0.00 Deductible $ / 0.00 Net Total $ 221,443.30 Agreed Price Claim Leader LLC, All Rights Reserved. www.claimleader.com Agreed By REPAIR SHOP INFO Days to Repair Location Name Estimate Released No Address Supplement #1 0.00 City State Zip Supplement #2 0.00 Phone Supplement #3 0.00 Fax Supplement #4 0.00 Email Supplement #5 0.00 TIN Appraiser Comments Sewer camera truck has damage to the body assembly. Appears water has entered the vehicle from the roof and a/c unit assembly. Inside, we found almost the complete interior of the body assembly to have water, mold and mildew damage. Interior ceiling, walls, and flooring damage. Computer equipment, interior seats, desks, TVs,, wiring, storage compartment and cabinets are damaged. The complete body assembly needs to be replaced. Along with most interior contents. Possible additional interior content items will be damaged after a complete tear down. Due to these damages. We feel this vehicle is a total loss. Completed A.C.V. enclosed. To determined the A.C.V. for this vehicle. The were no dealer comparable available. Used National Deprecation Calculator to determined the value of the vehicle. Claim Leader LLC, All Rights Reserved. www.claimleader.comClaim Leader LLC, All Rights Reserved. www.claimleader.com Appraisers of Central Florida PO Box 1599 Belleview, FL 34421 Phone (407) 757-2376 Fax (407) 720-4482 Email AOCF18@outlook.com Total Loss Summary File # 3788739 Year: 2020 Make: FORD Model: F550 VIN #: 1FDUF5GT8LEC51249 License plate #: XH7335 Color: WHITE Dealer Quotes #Name Contact Phone Amount($) 1 No Comparable Available $0.00 2 $0.00 3 $0.00 Salvage Bids #Name Contact Phone Amount($) 1 $0.00 2 $0.00 3 $0.00 ACV Summary NADA Value $247,852.26 Avg Dealer Quotes $0.00 Avg Nada & Dealer Quotes $247,852.26 Tax Amount (0%)$0.00 Adjustments (+)$0.00 UPD (-)$0.00 Suggested ACV $247,852.26 Comments National Depreciation Calendar 8% 1st year, 7% each additional year. ACFACF P.O. Box 622492, Orlando, FL 32862 Office:(407) 757-2376 aocf18@outlook.com TOTAL LOSS Estimate ID 25974764 Original Claim Number XXXXX Description 2020 Ford F550 Cues Sewer Camera Truck Parts Profile ACF Florida Parts Profile Version 20.0 *Not An Authorization For repair* All supplement requests should be sent via email to AOCF18@outlook.com, including supporting documents. No Supplemental repairs are authorized without approval from the Insurance Company. Owner City of Clearwater 1900 Grand Ave Clearwater, FL 33765 (727) 444-8024 (Work) Appraiser James Hamlin Classification Field City of Clearwater Loss Type Other Claim Number XXXXX Adjuster John Stone johnp.stone@myclearwater.co m Deductible Unknown Loss Date 04/16/2025 Inspection Site Cues Truck Manufacturer 3019 Mercy Drive Orlando, FL 32808 Inspection Date 12/10/2025 2020 Ford F-550 Super Duty Chassis Cab XLT 2 Door Regular Cab 193" WB 6.7L 8 Cyl Diesel Injected Turbocharged Base RWD Exterior Color White License FL-XH7335 VIN 1FDUF5GT8LEC51249 Condition Good Drivable Yes Odometer 32287 Mitchell Service Code 912337 Primary Point of Impact Non-Collision (16) City of ClearwaterCity of Clearwater 2020 Ford F-550 Super Duty Chassis Cab XLT2020 Ford F-550 Super Duty Chassis Cab XLT LABOR PART Line #Description Operation Type Total Units Type Number Qty Total Price Tax Dry Van Chassis Committed On Version Mitchell Estimating 25.4 OEM DEC_25_V Mitchell Cloud EstimatingTM Copyright 1994-2025 Mitchell International, Inc. All Rights Reserved Printed On 12/22/2025 02:40 PM Profile (Modified) Heavy Truck-Trailer Profile Version 4.0 Page 1 of 4 1 900500 Body Assy Remove / Replace Mechanical*25.0*New 1 $17,500.00*Yes 2 900500 EVOLUTION 3.0 INTERIOR Remove / Replace Mechanical*99.5*New 1 $57,600.00*Yes 3 900500 RHINO LINING FLOORING IN VIEWING ROOM AND EQUIPMEN Remove / Replace Mechanical*INC*New 1 $2,500.00*Yes 4 900500 INTERIOR CABINET HARDWARE KIT Remove / Replace Mechanical*INC*New 1 $3,004.50*Yes 5 900500 BLANK PANEL KIT FOR HIGH CUBE/TRAILER TV/LAMP OR T Remove / Replace Mechanical*INC*New 1 $1,626.81*Yes 6 900500 LOW PROFILE, ROOF MOUNTED AIR CONDITIONER Remove / Replace Mechanical*INC*New 1 $3,530.96*Yes 7 900500 WALL MOUNTED ELECTRIC HEATER WITH HOUSING Remove / Replace Mechanical*INC*New 1 $2,390.16*Yes 8 900500 BENCH SEAT WITH CUSHION Remove / Replace Mechanical*INC*New 1 $936.92*Yes 9 900500 CLOSET IN VIEWING ROOM Remove / Replace Mechanical*INC*New 1 $1,432.71*Yes 10 900500 STANDARD INTERIOR LIGHTING FOR HIGH CUBE Remove / Replace Mechanical*INC*New 1 $3,409.68*Yes 11 900500 OPERATORS CHAIR, SWIVEL WITH CASTERS Remove / Replace Mechanical*INC*New 1 $791.29*Yes 12 900500 WINDOW TRIM KIT Remove / Replace Mechanical*INC*New 1 $402.45*Yes 13 900500 MULTI-OUTLET WORKSTATION WITH LIGHTS AND USB PORTS Remove / Replace Mechanical*INC*New 1 $5,788.98*Yes 14 900500 5 DRAWER TOOL CHEST WITH DRAWER LINERS Remove / Replace Mechanical*INC*New 1 $987.35*Yes 15 900500 STORAGE DRAWER UNIT FOR EQUIPMENT ROOM LOWER CABIN Remove / Replace Mechanical*INC*New 1 $826.66*Yes 16 900500 ETHERNET PORT Remove / Replace Mechanical*INC*New 1 $273.18*Yes 17 900500 ENCLOSED LAVATORY Remove / Replace Mechanical*INC*New 1 $3,506.77*Yes 18 900500 22" MONITOR (2 @ $682.61) Remove / Replace Mechanical*INC*New 2 $1,365.22*Yes 19 900500 32" REAR LED MONITOR IN EQUIPMENT ROOM WITH MOUNT Remove / Replace Mechanical*INC*New 1 $914.62*Yes 20 900500 BASE INTERIOR WIRING Remove / Replace Mechanical*INC*New 1 $4,561.09*Yes 21 900500 PCU ASSEMBLY Remove / Replace Mechanical*INC*New 1 $6,400.15*Yes 22 900500 CCU ASSEMBLY Remove / Replace Mechanical*INC*New 1 $3,955.38*Yes 23 900500 15" LCD MONITOR FOR LAMP WITH WALL MOUNT, SWIVEL B Remove / Replace Mechanical*INC*New 1 $587.88*Yes 24 900500 NUC COMPUTER Remove / Replace Mechanical*INC*New 1 $13,455.10*Yes 25 900500 KEYBOARD AND MOUSE COMBO, WIRED Remove / Replace Mechanical*INC*New 1 $803.91*Yes LABOR PART Line #Description Operation Type Total Units Type Number Qty Total Price Tax Committed On Version Mitchell Estimating 25.4 OEM DEC_25_V Mitchell Cloud EstimatingTM Copyright 1994-2025 Mitchell International, Inc. All Rights Reserved Printed On 12/22/2025 02:40 PM Profile (Modified) Heavy Truck-Trailer Profile Version 4.0 Page 2 of 4 26 900500 INTERCONNECT CABLING FOR RACK MOUNT COMPUTER Remove / Replace Mechanical*INC*New 1 $2,376.03*Yes 27 900500 INTERIOR WIRING HARNESSES Remove / Replace Mechanical*98.5*New 1 $5,730.50*Yes 28 900500 SALVAGEABLE EQUIPMENT Remove / Install Mechanical*75.0*Existing 29 900500 OPERATIONS TESTING Additional Labor Mechanical*25.0*Existing 30 900500 MODIFY EXISTING VEHICLE FOR NEW BODY/EQUIPMENT Additional Labor Mechanical*40.0*Existing Additional Costs & Materials 31 936001 Towing Additional Cost $4,000.00*Yes LABOR PART Line #Description Operation Type Total Units Type Number Qty Total Price Tax ** Judgment Item CC Included in Clear Coat Calculation TT Included in Two Tone Calculation AA Included in Clear Coat and Two Tone Calculation ## Labor Note Applies rr CEG R&R Time Used for this Labor Operation dd Discontinued by Manufacturer [ ][ ] Verify the part number and price before ordering Estimate Tota lsEstimate Totals Labor UnitsUnits RateRate SubletSublet Add'l AmountAdd'l Amount TotalsTotals Mechanical Labor 363.0363.0 $195.00$195.00 $70,785.00$70,785.00 Total LaborTotal Labor 363.0363.0 $70,785.00$70,785.00 Taxable $70,785.00$70,785.00 Tax 0.0000%$0.00$0.00 Non-Taxable $0.00$0.00 Pre-Tax Discount 0.00%$0.00$0.00 Labor TotalLabor Total $70,785.00$70,785.00 Parts AmountAmount Taxable Parts $146,658.30$146,658.30 $146,658.30$146,658.30 Parts Adjustments $0.00$0.00 Tax 0.0000%$0.00$0.00 Non-Taxable $0.00$0.00 Pre-Tax Discount 0.00%$0.00$0.00 Parts TotalParts Total $146,658.30$146,658.30 Costs AmountAmount Paint Materials $0.00$0.00 $0.00$0.00 Shop Materials $0.00$0.00 $0.00$0.00 Other Additional Costs $4,000.00$4,000.00 $4,000.00$4,000.00 Taxable $4,000.00$4,000.00 Tax 0.0000%$0.00$0.00 Non-Taxable $0.00$0.00 Pre-Tax Discount 0.00%$0.00$0.00 Costs TotalCosts Total $4,000.00$4,000.00 Gross Totals AmountAmount Gross Total $221,443.30$221,443.30 $221,443.30$221,443.30 Committed On Version Mitchell Estimating 25.4 OEM DEC_25_V Mitchell Cloud EstimatingTM Copyright 1994-2025 Mitchell International, Inc. All Rights Reserved Printed On 12/22/2025 02:40 PM Profile (Modified) Heavy Truck-Trailer Profile Version 4.0 Page 3 of 4 Taxable $221,443.30$221,443.30 Tax $0.00$0.00 Non-Taxable $0.00$0.00 Pre-Tax Discount 0.00%$0.00$0.00 Gross TotalGross Total $221,443.30$221,443.30 Adjustments AmountAmount Total CustomerTotal Customer ResponsibilityResponsibility $0.00$0.00 Net Estimate TotalNet Estimate Total $221,443.30$221,443.30 Estimate Tota lsEstimate Totals ********************************Notice******************************** This appraisal is subject to the complete review and approval by the assigning insurance company to assure accuracy, cost effectiveness, and that accepted industry repair standards are met. The insurance company listed has the right to accept or reject any part or all of this appraisal or make any changes they feel necessary. "Failure to use the insurance proceeds in accordance with the securityagreement, if any, could be a violation of � 812.014, Florida Statutes. If you have any questions, contact your lending institution." "Any person who knowingly and with intent to injure, defraud, or deceive any insurer files a statement of claim or an application containing any false, incomplete, or misleading information is guilty of a felony of the third degree." "This paragraph shall not apply to reinsurance contracts, reinsurance agreements, or reinsurance claims transactions. Disclaimer: Any person who knowingly and with intent to injure, defraud, or deceive any insurer files a statement of claim or an application containing any false, incomplete, or misleading information is guilty of a felony of the third degree. Committed On Version Mitchell Estimating 25.4 OEM DEC_25_V Mitchell Cloud EstimatingTM Copyright 1994-2025 Mitchell International, Inc. All Rights Reserved Printed On 12/22/2025 02:40 PM Profile (Modified) Heavy Truck-Trailer Profile Version 4.0 Page 4 of 4 Assignment Info File # : 3788739 Claim # : XXXXX-G4858 Date : 12/23/2025 Appraisers of Central Florida PO Box 1599 Belleview, FL 34421 Phone (407) 757-2376 Fax (407) 720-4482 Email AOCF18@outlook.com File Name / Description: DAMAGE_LEFT_WALL_INTERIOR File Name / Description: AC_UNIT File Name / Description: IMG_6942 File Name / Description: FRONT Assignment Info File # : 3788739 Claim # : XXXXX-G4858 Date : 12/23/2025 Appraisers of Central Florida PO Box 1599 Belleview, FL 34421 Phone (407) 757-2376 Fax (407) 720-4482 Email AOCF18@outlook.com File Name / Description: IMG_6940 File Name / Description: UPD_DENT_RIGHT_REAR_ROOF File Name / Description: IMG_6938 File Name / Description: UPD_RIGHT_BACK_DOOR_LOCK_BROKE N Assignment Info File # : 3788739 Claim # : XXXXX-G4858 Date : 12/23/2025 Appraisers of Central Florida PO Box 1599 Belleview, FL 34421 Phone (407) 757-2376 Fax (407) 720-4482 Email AOCF18@outlook.com File Name / Description: REAR File Name / Description: LEFT_REAR File Name / Description: TAG_BOX File Name / Description: VIN_DOOR Assignment Info File # : 3788739 Claim # : XXXXX-G4858 Date : 12/23/2025 Appraisers of Central Florida PO Box 1599 Belleview, FL 34421 Phone (407) 757-2376 Fax (407) 720-4482 Email AOCF18@outlook.com File Name / Description: ODOMETER File Name / Description: INTERIOR File Name / Description: VIN_DASH File Name / Description: LEFT_FRONT Assignment Info File # : 3788739 Claim # : XXXXX-G4858 Date : 12/23/2025 Appraisers of Central Florida PO Box 1599 Belleview, FL 34421 Phone (407) 757-2376 Fax (407) 720-4482 Email AOCF18@outlook.com File Name / Description: RIGHT_FRONT File Name / Description: LOGO File Name / Description: UPD_DENTS_RIGHT_SIDE_AND_SIDE_ DOOR File Name / Description: RIGHT_REAR Assignment Info File # : 3788739 Claim # : XXXXX-G4858 Date : 12/23/2025 Appraisers of Central Florida PO Box 1599 Belleview, FL 34421 Phone (407) 757-2376 Fax (407) 720-4482 Email AOCF18@outlook.com File Name / Description: DAMAGE_LEFT_WALL_MOLDING_AND_S TAINED File Name / Description: DAMAGE_VENT_BATHROOM_LEAKING File Name / Description: DAMAGE_WATER_STAINS_BATHROOM_D OOR File Name / Description: DAMAGE_LEFT_BATHROOM_OUTER_WAL L_STAINED_AND_MOLDING Assignment Info File # : 3788739 Claim # : XXXXX-G4858 Date : 12/23/2025 Appraisers of Central Florida PO Box 1599 Belleview, FL 34421 Phone (407) 757-2376 Fax (407) 720-4482 Email AOCF18@outlook.com File Name / Description: IMG_6918 File Name / Description: DAMAGE_AC_UNIT_LEAKING File Name / Description: DAMAGE_INTERIOR_RIGHT_SIDE_WAL L_STAINED_AND_MOLDING File Name / Description: DAMAGE_RIGHT_INTERIOR_WALL_AND _DOOR_STAINED_AND_MOLDING Assignment Info File # : 3788739 Claim # : XXXXX-G4858 Date : 12/23/2025 Appraisers of Central Florida PO Box 1599 Belleview, FL 34421 Phone (407) 757-2376 Fax (407) 720-4482 Email AOCF18@outlook.com File Name / Description: BOX_INTERIOR File Name / Description: LICENSE H-GAC Houston-Galveston Area Council P.O. Box 22777 · 3555 Timmons · Houston, Texas 77227-2777 Cooperative Agreement - Contract - CUES, Inc. - Public Services - ID: 12571 - SC06-24 Page 1 of 13 MASTER GENERAL PROVISIONS This Master Agreement is made and entered into, by and between the Houston-Galveston Area Council hereinafter referred to as H-GAC having its principal place of business at 3555 Timmons Lane, Suite 120, Houston, Texas 77027 and CUES, Inc., hereinafter referred to as the Contractor, having its principal place of business at 3600 Rio Vista Avenue, Orlando, FL 32805. WITNESSETH: WHEREAS, H-GAC hereby engages the Contractor to perform certain services in accordance with the specifications of the Master Agreement; and WHEREAS, the Contractor has agreed to perform such services in accordance with the specifications of the Master Agreement; NOW, THEREFORE, H-GAC and the Contractor do hereby agree as follows: ARTICLE 1: LEGAL AUTHORITY The Contractor warrants and assures H-GAC that it possesses adequate legal authority to enter into this Master Agreement. The Contractor's governing body, where applicable, has authorized the signatory official(s) to enter into this Master Agreement and bind the Contractor to the terms of this Master Agreement and any subsequent amendments hereto. ARTICLE 2: APPLICABLE LAWS The Contractor agrees to conduct all activities under this Master Agreement in accordance with all federal laws, executive orders, policies, procedures, applicable rules, regulations, directives, standards, ordinances, and laws, in effect or promulgated during the term of this Master Agreement, including without limitation, workers’ compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations. When required, the Contractor shall furnish H-GAC with satisfactory proof of its compliance therewith. ARTICLE 3: PUBLIC INFORMATION Except as stated below, all materials submitted to H-GAC, including any attachments, appendices, or other information submitted as a part of a submission or Master Agreement, are considered public information, and become the property of H-GAC upon submission and may be reprinted, published, or distributed in any manner by H-GAC according to open records laws, requirements of the US Department of Labor and the State of Texas, and H-GAC policies and procedures. In the event the Contractor wishes to claim portions of the response are not subject to the Texas Public Information Act, it shall so; however, the determination of the Texas Attorney General as to whether such information must be disclosed upon a public request shall be binding on the Contractor. H-GAC will request such a determination only if Contractor bears all costs for preparation of the submission. H-GAC is not responsible for the return of creative examples of work submitted. H-GAC will not be held accountable if material from submissions is obtained without the written consent of the contractor by parties other than H-GAC, at any time during the evaluation process. ARTICLE 4: INDEPENDENT CONTRACTOR The execution of this Master Agreement and the rendering of services prescribed by this Master Agreement do not change the independent status of H-GAC or the Contractor. No provision of this Master Agreement or act of H- GAC in performance of the Master Agreement shall be construed as making the Contractor the agent, servant, or employee of H-GAC, the State of Texas, or the United States Government. Employees of the Contractor are DocuSign Envelope ID: E5D0AE3A-44CD-4EE0-B8A6-50DCCE4C286F Page 2 of 13 subject to the exclusive control and supervision of the Contractor. The Contractor is solely responsible for employee related disputes and discrepancies, including employee payrolls and any claims arising therefrom. ARTICLE 5: ANTI-COMPETITIVE BEHAVIOR Contractor will not collude, in any manner, or engage in any practice which may restrict or eliminate competition or otherwise restrain trade. ARTICLE 6: SUSPENSION AND DEBARMENT Debarment and Suspension (Executive Orders 12549 and 12689) – A contract award (2 CFR 180.220) must not be made to parties listed on the government-wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR Part 1966 Comp. p. 189) and 12689 (3 CFR Part 1989 Comp. p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Pursuant to the Federal Rule above, Respondent certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency or by the State of Texas and at all times during the term of the Contract neither it nor its principals will be debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency or by the State of Texas Respondent shall immediately provide the written notice to H-GAC if at any time the Respondent learns that this certification was erroneous when submitted or has become erroneous by reason of changed circumstances. H-GAC may rely upon a certification of the Respondent that the Respondent is not debarred, suspended, ineligible, or voluntarily excluded from the covered contract, unless the H-GAC knows the certification is erroneous. ARTICLE 7: GOAL FOR CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN’S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS (if subcontracts are to be let) H-GAC’s goal is to assure that small and minority businesses, women's business enterprises, and labor surplus area firms are used when possible in providing services under a contract. In accordance with federal procurements requirements of 2 CFR §200.321, if subcontracts are to be let, the prime contractor must take the affirmative steps listed below: 1. Placing qualified small and minority businesses and women’s business enterprises on solicitation lists; 2. Assuring that small and minority businesses and women’s business enterprises are solicited whenever they are potential sources; 3. Dividing total requirements, when economically feasible, into smaller task or quantities to permit maximum participation by small and minority businesses, and women’s business enterprises; 4. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women’s business enterprises; 5. Using the services and assistance as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. 6. Nothing in this provision will be construed to require the utilization of any firm that is either unqualified or unavailable. The Small Business Administration (SBA) is the primary reference and database for information on requirements related to Federal Subcontracting https://www.sba.gov/federal-contracting/contracting-guide/prime- subcontracting NOTE: The term DBE as used in this solicitation is understood to encompass all programs/business enterprises such as: Small Disadvantaged Business (SDB), Historically Underutilized Business (HUB), Minority Owned Business Enterprise (MBE), Women Owned Business Enterprise (WBE) and Disabled Veteran Business Enterprise (DVBE) or other designation as issued by a certifying agency. Contractor agrees to work with and assist HGACBuy customer in meeting any DBE targets and goals, as may be required by any rules, processes, or programs they might have in place. Assistance may include compliance with reporting requirements, provision of documentation, consideration of Certified/Listed subcontractors, provision of documented evidence that an active participatory role for a DBE entity was DocuSign Envelope ID: E5D0AE3A-44CD-4EE0-B8A6-50DCCE4C286F Page 3 of 13 considered in a procurement transaction, etc. ARTICLE 8: SCOPE OF SERVICES The services to be performed by the Contractor are outlined in an Attachment to this Master Agreement. ARTICLE 9: PERFORMANCE PERIOD This Master Agreement shall be performed during the period which begins Jun 01 2024 and ends May 31 2028. All services under this Master Agreement must be rendered within this performance period, unless directly specified under a written change or extension provisioned under Article 21, which shall be fully executed by both parties to this Master Agreement. ARTICLE 10: PAYMENT OR FUNDING Payment provisions under this Master Agreement are outlined in the Special Provisions. H-GAC will not pay for any expenses incurred prior to the execution date of a contract, or any expenses incurred after the termination date of the contract. ARTICLE 11: PAYMENT FOR WORK The H-GAC Customer is responsible for making payment to the Contractor upon delivery and acceptance of the goods or completion of the services and submission of the subsequent invoice. ARTICLE 12: PAYMENT TERMS/PRE-PAYMENT/QUANTITY DISCOUNTS If discounts for accelerated payment, pre-payment, progress payment, or quantity discounts are offered, they must be clearly indicated in the Contractor’s submission prior to contract award. The applicability or acceptance of these terms is at the discretion of the Customer. ARTICLE 13: REPORTING REQUIREMENTS If the Contractor fails to submit to H-GAC in a timely and satisfactory manner any report required by this Master Agreement, or otherwise fails to satisfactorily render performances hereunder, H-GAC may terminate this Master Agreement with notice as identified in Article 29 of these General Provisions. H-GAC has final determination of the adequacy of performance and reporting by Contractor. Termination of this Master Agreement for failure to perform may affect Contractor’s ability to participate in future opportunities with H-GAC. The Contractor's failure to timely submit any report may also be considered cause for termination of this Master Agreement. Any additional reporting requirements shall be set forth in the Special Provisions of this Master Agreement. ARTICLE 14: INSURANCE Contractor shall maintain insurance coverage for work performed or services rendered under this Master Agreement as outlined and defined in the attached Special Provisions. ARTICLE 15: SUBCONTRACTS AND ASSIGNMENTS Except as may be set forth in the Special Provisions, the Contractor agrees not to assign, transfer, convey, sublet, or otherwise dispose of this Master Agreement or any right, title, obligation, or interest it may have therein to any third party without prior written approval of H-GAC. The Contractor acknowledges that H-GAC is not liable to any subcontractor or assignee of the Contractor. The Contractor shall ensure that the performance rendered under all subcontracts shall result in compliance with all the terms and provisions of this Master Agreement as if the performance rendered was rendered by the Contractor. Contractor shall give all required notices, and comply with all laws and regulations applicable to furnishing and performance of the work. Except where otherwise expressly required by applicable law or regulation, H-GAC shall not be responsible for monitoring Contractor's compliance, or that of Contractor’s subcontractors, with any laws or regulations. ARTICLE 16: AUDIT Notwithstanding any other audit requirement, H-GAC reserves the right to conduct or cause to be conducted an independent audit of any transaction under this Master Agreement, such audit may be performed by the H-GAC local government audit staff, a certified public accountant firm, or other auditors designated by H-GAC and will be conducted in accordance with applicable professional standards and practices. The Contractor understands and DocuSign Envelope ID: E5D0AE3A-44CD-4EE0-B8A6-50DCCE4C286F Page 4 of 13 agrees that the Contractor shall be liable to the H-GAC for any findings that result in monetary obligations to H- GAC. ARTICLE 17: TAX EXEMPT STATUS H-GAC and Customer members are either units of government or qualified non-profit agencies, and are generally exempt from Federal and State sales, excise or use taxes. Respondent must not include taxes in its Response. It is the responsibility of Contractor to determine the applicability of any taxes to an order and act accordingly. Exemption certificates will be provided upon request. ARTICLE 18: EXAMINATION OF RECORDS The Contractor shall maintain during the course of the work complete and accurate records of all of the Contractor's costs and documentation of items which are chargeable to H-GAC under this Master Agreement. H- GAC, through its staff or designated public accounting firm, the State of Texas, and United States Government, shall have the right at any reasonable time to inspect, copy and audit those records on or off the premises by authorized representatives of its own or any public accounting firm selected by H-GAC. The right of access to records is not limited to the required retention period, but shall last as long as the records are retained. Failure to provide access to records may be cause for termination of the Master Agreement. The records to be thus maintained and retained by the Contractor shall include (without limitation): (1) personnel and payroll records, including social security numbers and labor classifications, accounting for total time distribution of the Contractor's employees working full or part time on the work, as well as cancelled payroll checks, signed receipts for payroll payments in cash, or other evidence of disbursement of payroll payments; (2) invoices for purchases, receiving and issuing documents, and all other unit inventory records for the Contractor's stocks or capital items; and (3) paid invoices and cancelled checks for materials purchased and for subcontractors' and any other third parties' charges. Contractor agrees that H-GAC will have the right, with reasonable notice, to inspect its records pertaining to purchase orders processed and the accuracy of the fees payable to H-GAC. The Contractor further agrees that the examination of records outlined in this article shall be included in all subcontractor or third-party Master Agreements. ARTICLE 19: RETENTION OF RECORDS The Contractor and its subcontractors shall maintain all records pertinent to this Master Agreement, and all other financial, statistical, property, participant records, and supporting documentation for a period of no less than seven (7) years from the later of the date of acceptance of the final payment or until all audit findings have been resolved. If any litigation, claim, negotiation, audit or other action involving the records has been started before the expiration of the retention period, the records shall be retained until completion of the action and resolution of all issues which arise from it, or until the end of the seven (7) years, whichever is later, and until any outstanding litigation, audit, or claim has been fully resolved. ARTICLE 20: DISTRIBUTORS, VENDORS, RESELLERS Contractor agrees and acknowledges that any such designations of distributors, vendors, resellers or the like are for the convenience of the Contractor only and the awarded Contractor will remain responsible and liable for all obligations under the Contract and the performance of any designated distributor, vendor, reseller, etc. Contractor is also responsible for receiving and processing any Customer purchase order in accordance with the Contract and forwarding of the Purchase Order to the designated distributor, vendor, reseller, etc. to complete the sale or service. H-GAC reserves the right to reject any entity acting on the Contractor’s behalf or refuse to add entities after a contract is awarded. ARTICLE 21: CHANGE ORDERS AND AMENDMENTS A. Any alterations, additions, or deletions to the terms of this Master Agreement, which are required by changes in federal or state law or by regulations, are automatically incorporated without written amendment hereto, and shall become effective on the date designated by such law or by regulation. B. To ensure the legal and effective performance of this Master Agreement, both parties agree that any amendment that affects the performance under this Master Agreement must be mutually agreed upon and DocuSign Envelope ID: E5D0AE3A-44CD-4EE0-B8A6-50DCCE4C286F Page 5 of 13 that all such amendments must be in writing. After a period of no less than 30 days subsequent to written notice, unless sooner implementation is required by law, such amendments shall have the effect of qualifying the terms of this Master Agreement and shall be binding upon the parties as if written herein. C. Customers have the right to issue a change order to any purchase orders issued to the Contractor for the purposes of clarification or inclusion of additional specifications, qualifications, conditions, etc. The change order must be in writing and agreed upon by Contractor and the Customer agency prior to issuance of any Change Order. A copy of the Change Order must be provided by the Contractor to, and acknowledged by, H-GAC. ARTICLE 22: CONTRACT ITEM CHANGES A. If a manufacturer discontinues a contracted item, that item will automatically be considered deleted from the contract with no penalty to Contractor. However, H-GAC may at its sole discretion elect to make a contract award to the next lowest Respondent for the item, or take any other action deemed by H-GAC, at its sole discretion, to be in the best interests of its Customers. B. If a manufacturer makes any kind of change in a contracted item which affects the contract price, Contractor must advise H-GAC of the details. H-GAC may allow or reject the change at its sole discretion. If the change is rejected, H-GAC will remove the item from its program and there will be no penalty to Contractor. However, H- GAC may at its sole discretion elect to make a contract award to the next lowest Respondent for the item, or take any other action deemed by H-GAC, at its sole discretion, to be in the best interests of its Customers. C. If a manufacturer makes any change in a contracted item which does not affect the contract price, Contractor shall advise H-GAC of the details. If the 'new' item is equal to or better than the originally contracted item, the 'new' item shall be approved as a replacement. If the change is rejected H-GAC will remove the item from its program and there will be no penalty to Contractor. However, H-GAC may at its sole discretion elect to make a contract award to the next lowest Respondent for the item or may take any other action deemed by H-GAC at its sole discretion, to be in the best interests of its Customers. D. In the case of specifically identified catalogs or price sheets which have been contracted as base bid items or as published options, routine published changes to products and pricing will be automatically incorporated into the contract. However, Contractor must still provide written notice and an explanation of the changes to products and pricing. H-GAC will respond with written approval. ARTICLE 23: CONTRACT PRICE ADJUSTMENTS Price Decreases If Contractor’s Direct Cost decreases at any time during the full term of this award, Contractor must immediately pass the decrease on to H-GAC and lower its prices by the amount of the decrease in Direct Cost. (Direct Cost means Contractor’s cost from the manufacturer of any item or if Contractor is the manufacturer, the cost of raw materials required to manufacture the item, plus costs of transportation from manufacturer to Contractor and Contractor to H-GAC. Contractor must notify H-GAC of price decreases in the same way as for price increases set out below. The price decrease shall become effective upon H-GAC’s receipt of Contractor’s notice. If Contractor routinely offers discounted contract pricing, H-GAC may request Contractor accept amended contract pricing equivalent to the routinely discounted pricing. Price Increase Contractors may request a price increase for items priced as Base Bid items and Published Options. The amount of any increase will not exceed actual documented increase in Contractor’s Direct Cost and will not exceed 10% of the previous bid price. Considerations on the percentage limit will be given if the price increase is the result of increased tariff charges or other governmental actions, or other economic factors. Manufacturer price/contract changes involving the sale of motor vehicles will be considered and may be allowed during the entire contract DocuSign Envelope ID: E5D0AE3A-44CD-4EE0-B8A6-50DCCE4C286F Page 6 of 13 period subject to submission and verification of the proper documentation required for a contract change as referenced in this section. Price Changes Any permanent increase or decrease in offered pricing for a base contract item or published option is considered a price change. Temporary increases in pricing by whatever name (e.g., ‘surcharge’, ‘adjustment’, ‘equalization charge’, ‘compliance charge’, ‘recovery charge’, etc.), are also considered to be price changes. For published catalogs and price sheets as part of an H-GAC contract, requests to amend the contract to reflect any new published catalog or price sheet must be submitted whenever the manufacturer publishes a new document. The request must include the new catalog or price sheet. All Products shall, at time of sale, be equipped as required under any then current applicable local, state, and federal government requirements. If, during any contract, changes are made to any government requirements which cause a manufacturer's costs of production to increase, Contractor may increase pricing to the extent of Contractor’s actual cost increase. The increase must be substantiated with support documentation acceptable to H-GAC prior to taking effect. Modifications to a Product required to comply with such requirements which become effective after the date of any sale are the responsibility of the Customer. Requesting Price Increase/Required Documentation Contractor must submit a written overview of changes requested and reasons for the request, stating the amount of the increase, along with an itemized list of any increased prices, showing the Contractor’s current price, revised price, the actual dollar difference and the percentage of the price increase by line item. Price change requests must be supported with substantive documentation (e.g., notices from suppliers and manufacturers of pricing changes in products, components, transportation, raw materials or commodities, and/or product availability, copies of invoices from suppliers, etc.) clearly showing that Contractor's actual costs have increased per the applicable line-item bid. The Producer Price Index (PPI) may be used as partial justification, subject to approval by H-GAC, but no price increase based solely on an increase in the PPI will be allowed. This documentation should be submitted in Excel format to facilitate analysis and updating of the website. The letter and documentation must be sent to Lead Program Coordinator, james.glover@h-gac.com. Review/Approval of Requests If H-GAC approves the price increase, Contractor will be notified in writing; no price increase will be effective until Contractor receives this notice. If H-GAC does not approve Contractor’s price increase, Contractor may terminate its performance upon sixty (60) days advance written notice to H-GAC, however Contractor must fulfill any outstanding Purchase Orders. Termination of performance is Contractor’s only remedy if H-GAC does not approve the price increase. H-GAC reserves the right to accept or reject any price change request. ARTICLE 24: DELIVERIES AND SHIPPING TERMS The Contractor agrees to make deliveries only upon receipt of authorized Customer Purchase Order acknowledged by H-GAC. Delivery made without such Purchase Order will be at Contractor’s risk and will leave H-GAC the option of canceling any contract awarded to the Contractor. The Contractor must secure and deliver any item within five (5) working days, or as agreed to on any corresponding customer Purchase Order. Shipping must be Freight On Board Destination to the delivery location designated on the Customer purchase order. The Contractor will retain title and control of all goods until delivery is completed and the Customer has accepted the delivery. All risk of transportation and all related charges are the responsibility of the Contractor. The Customer will notify the Contractor and H-GAC promptly of any damaged goods and will assist the Contractor in arranging for inspection. The Contractor must file all claims for visible or concealed damage. Unless otherwise stated in the Master Agreement, deliveries must consist only of new and unused merchandise. ARTICLE 25: RESTOCKING (EXCHANGES AND RETURNS) There will be no restocking charge to the Customer for return or exchange of any item purchased under the terms of any award. If the Customer wishes to return items purchased under an awarded contract, the Contractor agrees to exchange, these items for other items, with no additional charge incurred. Items must be returned to Contractor within thirty (30) days from date of delivery. If there is a difference in price in the items exchanged, the Contractor must notify H-GAC and invoice Customer for increase price or provide the Customer with a credit or refund for DocuSign Envelope ID: E5D0AE3A-44CD-4EE0-B8A6-50DCCE4C286F Page 7 of 13 any decrease in price per Customer’s preference. On items returned, a credit or cash refund will be issued by the Contractor to Customer. This return and exchange option will extend for thirty (30) days following the expiration of the term of the Contract. All items returned by the Customer must be unused and in the same merchantable condition as when received. Items that are special ordered may be returned only upon approval of the Contractor. ARTICLE 26: MANUALS Each product delivered under contract to any Customer must be delivered with at least one (1) copy of a safety and operating manual and any other technical or maintenance manual. The cost of the manual(s) must be included in the price for the Product offered. ARTICLE 27: OUT OF STOCK, PRODUCT RECALLS, AND DISCONTINUED PRODUCTS H-GAC does NOT purchase the products sold pursuant to a Solicitation or Master Agreement. Contractor is responsible for ensuring that notices and mailings, such as Out of Stock or Discontinued Notices, Safety Alerts, Safety Recall Notices, and customer surveys, are sent directly to the Customer with a copy sent to H-GAC. Customer will have the option of accepting any equivalent product or canceling the item from Customer’s Purchase Order. Contractor is not authorized to make substitutions without prior approval. ARTICLE 28: WARRANTIES, SALES, AND SERVICE Warranties must be the manufacturer's standard and inclusive of any other warranty requirements stated in the Master Agreement; any warranties offered by a dealer will be in addition to the manufacturer’s standard warranty and will not be a substitute for such. Pricing for any product must be inclusive of the standard warranty. Contractor is responsible for the execution and effectiveness of all product warranty requests and any claims, Contractor agrees to respond directly to correct warranty claims and to ensure reconciliation of warranty claims that have been assigned to a third party. ARTICLE 29: TERMINATION PROCEDURES The Contractor acknowledges that this Master Agreement may be terminated for Convenience or Default. H-GAC will not pay for any expenses incurred after the termination date of the contract. A. Convenience H-GAC may terminate this Master Agreement at any time, in whole or in part, with or without cause, whenever H-GAC determines that for any reason such termination is in the best interest of H-GAC, by providing written notice by certified mail to the Contractor. Upon receipt of notice of termination, all services hereunder of the Contractor and its employees and subcontractors shall cease to the extent specified in the notice of termination. The Contractor may cancel or terminate this Master Agreement upon submission of thirty (30) days written notice, presented to H-GAC via certified mail. The Contractor may not give notice of cancellation after it has received notice of default from H-GAC. B. Default H-GAC may, by written notice of default to the Contractor, terminate the whole or any part of the Master Agreement, in any one of the following circumstances: (1) If the Contractor fails to perform the services herein specified within the time specified herein or any extension thereof; or (2) If the Contractor fails to perform any of the other provisions of this Master Agreement for any reason whatsoever, or so fails to make progress or otherwise violates the Master Agreements that completion of services herein specified within the Master Agreement term is significantly endangered, and in either of these two instances does not cure such failure within a period of ten (10) days (or such longer period of time as may be authorized by H-GAC in writing) after receiving written notice by certified mail of default from H-GAC. (3) In the event of such termination, Contractor will notify H-GAC of any outstanding Purchase Orders and H-GAC will consult with the End User and notify the Contractor to what extent the End User wishes the DocuSign Envelope ID: E5D0AE3A-44CD-4EE0-B8A6-50DCCE4C286F Page 8 of 13 Contractor to complete the Purchase Order. If Contractor is unable to do so, Contractor may be subject to a claim for damages from H-GAC and/or the End User. ARTICLE 30: SEVERABILITY H-GAC and Contractor agree that should any provision of this Master Agreement be determined to be invalid or unenforceable, such determination shall not affect any other term of this Master Agreement, which shall continue in full force and effect. ARTICLE 31: FORCE MAJEURE To the extent that either party to this Master Agreement shall be wholly or partially prevented from the performance of any obligation or duty placed on such party by reason of or through strikes, stoppage of labor, riot, fire, flood, acts of war, insurrection, accident, order of any court, act of God, or specific cause reasonably beyond the party's control and not attributable to its neglect or nonfeasance, in such event, the time for the performance of such obligation or duty shall be suspended until such disability to perform is removed. Determination of force majeure shall rest solely with H-GAC. ARTICLE 32: CONFLICT OF INTEREST No officer, member or employee of the Contractor or Contractors subcontractor, no member of the governing body of the Contractor, and no other public officials of the Contractor who exercise any functions or responsibilities in the review or Contractor approval of this Master Agreement, shall participate in any decision relating to this Master Agreement which affects his or her personal interest, or shall have any personal or pecuniary interest, direct or indirect, in this Master Agreement. A. Conflict of Interest Questionnaire: Chapter 176 of the Texas Local Government Code requires contractors contracting or seeking to contract with H-GAC to file a conflict-of-interest questionnaire (CIQ) if they have an employment or other business relationship with an H-GAC officer or an officer’s close family member. The required questionnaire and instructions are located on the H-GAC website or at the Texas Ethics Commission website https://www.ethics.state.tx.us/forms/CIQ.pdf. H-GAC officers include its Board of Directors and Executive Director, who are listed on this website. Respondent must complete and file a CIQ with the Texas Ethics Commission if an employment or business relationship with H-GAC office or an officer’s close family member as defined in the law exists. B. Certificate of Interested Parties Form – Form 1295: As required by Section 2252.908 of the Texas Government Code. H-GAC will not enter a Contract with Contractor unless (i) the Contractor submits a disclosure of interested parties form to H-GAC at the time the Contractor submits the contract H-GAC, or (ii) the Contractor is exempt from such requirement. The required form and instructions are located at the Texas Ethics Commission website https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm. Respondents who are awarded a Contract must submit their Form 1295 with the signed Contract to H-GAC. ARTICLE 33: FEDERAL COMPLIANCE Contractor agrees to comply with all federal statutes relating to nondiscrimination, labor standards, and environmental compliance. With regards to “Rights to Inventions Made Under a Contract or Master Agreement,” If the Federal award meets the definition of “funding Master Agreement” under 37 CFR § 401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding Master Agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Master Agreements,” and any implementing regulations issued by the awarding agency. Contractor agrees to be wholly compliant with the provisions of 2 CFR 200, Appendix II. Additionally, for work to be performed under the Master Agreement or subcontract thereof, including procurement of materials or leases of equipment, Contractor shall notify each potential subcontractor or supplier of the Contractor's federal compliance obligations. These may include, but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) the Fair Labor Standards Act of 1938 (29 USC 676 et. seq.), (d) DocuSign Envelope ID: E5D0AE3A-44CD-4EE0-B8A6-50DCCE4C286F Page 9 of 13 Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of handicaps and the Americans with Disabilities Act of 1990; (e) the Age Discrimination in Employment Act of 1967 (29 USC 621 et. seq.) and the Age Discrimination Act of 1974, as amended (42 U.S.C. §§ 6101-6107), which prohibits discrimination on the basis of age; (f) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92- 255), as amended, relating to nondiscrimination on the basis of drug abuse; (g) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to the nondiscrimination on the basis of alcohol abuse or alcoholism; (h) §§ 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (i) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (j) any other nondiscrimination provisions in any specific statute(s) applicable to any Federal funding for this Master Agreement; (k) the requirements of any other nondiscrimination statute(s) which may apply to this Master Agreement; (l) applicable provisions of the Clean Air Act (42 U.S.C. §7401 et seq.), the Federal Water Pollution Control Act, as amended (33 U.S.C. §1251 et seq.), Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and the Environmental Protection Agency regulations at 40 CPR Part 15; (m) applicable provisions of the Davis- Bacon Act (40 U.S.C. 276a - 276a- 7), the Copeland Act (40 U.S.C. 276c), and the Contract Work Hours and Safety Standards Act (40 U.S.C. 327- 332), as set forth in Department of Labor Regulations at 20 CPR 5.5a; (n) the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (P.L. 94-163). ARTICLE 34: PROHIBITION ON CONTRACTING WITH ENTITIES USING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE EQUIPMENT (EFFECTIVE AUG. 13, 2020 AND AS AMENDED OCTOBER 26, 2020) Pursuant to 2 CFR 200.216, Contractor shall not offer equipment, services, or system that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Covered telecommunications equipment or services means 1) telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities); 2) for the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities); 3) telecommunications or video surveillance services provided by such entities or using such equipment; or 4) telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. Respondent must comply with requirements for certifications. The provision at 48 C.F.R Section 52.204-26 requires that offerors review SAM prior to completing their required representations. This rule applies to all acquisitions, including acquisitions at or below the simplified acquisition threshold and to acquisitions of commercial items, including commercially available off the-shelf items. ARTICLE 35: DOMESTIC PREFERENCE In accordance with 2 CFR 200.322, as appropriate and to the extent consistent with law, when using federal grant award funds H-GAC should, to the greatest extent practicable, 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). H-GAC must include this requirement in all subawards including all contracts and purchase orders for work or products under the federal grant award. If Contractor intends to qualify for Purchase Orders using federal grant money, then it shall work with H-GAC to provide all required certifications and other documentation needed to show compliance. ARTICLE 36: CRIMINAL PROVISIONS AND SANCTIONS The Contractor agrees to perform the Master Agreement in conformance with safeguards against fraud and abuse as set forth by the H-GAC, the State of Texas, and the acts and regulations of any related state or federal agency. The Contractor agrees to promptly notify H-GAC of any actual or suspected fraud, abuse, or other criminal activity through the filing of a written report within twenty-four (24) hours of knowledge thereof. Contractor shall notify H-GAC of any accident or incident requiring medical attention arising from its activities under this Master DocuSign Envelope ID: E5D0AE3A-44CD-4EE0-B8A6-50DCCE4C286F Page 10 of 13 Agreement within twenty-four (24) hours of such occurrence. Theft or willful damage to property on loan to the Contractor from H-GAC, if any, shall be reported to local law enforcement agencies and H-GAC within two (2) hours of discovery of any such act. The Contractor further agrees to cooperate fully with H-GAC, local law enforcement agencies, the State of Texas, the Federal Bureau of Investigation, and any other duly authorized investigative unit, in carrying out a full investigation of all such incidents. The Contractor shall notify H-GAC of the threat of lawsuit or of any actual suit filed against the Contractor pertaining to this Master Agreement or which would adversely affect the Contractor’s ability to perform services under this Master Agreement. ARTICLE 37: INDEMNIFICATION AND RECOVERY H-GAC’s liability under this Master Agreement, whether for breach of contract, warranty, negligence, strict liability, in tort or otherwise, is limited to its order processing charge. In no event will H-GAC be liable for any loss of use, loss of time, inconvenience, commercial loss, lost profits, or savings or other incidental, special or consequential damages to the full extent such use may be disclaimed by law. Contractor agrees, to the extent permitted by law, to defend and hold harmless H-GAC, its board members, officers, agents, officials, employees, and indemnities from any and all claims, costs, expenses (including reasonable attorney fees), actions, causes of action, judgements, and liens arising as a result of Contractor’s negligent act or omission under this Master Agreement. Contractor shall notify H-GAC of the threat of lawsuit or of any actual suit filed against Contractor relating to this Master Agreement. ARTICLE 38: LIMITATION OF CONTRACTOR’S LIABILITY Except as specified in any separate writing between the Contractor and an END USER, Contractor’s total liability under this Master Agreement, whether for breach of contract, warranty, negligence, strict liability, in tort or otherwise, but excluding its obligation to indemnify H-GAC, is limited to the price of the particular products/services sold hereunder, and Contractor agrees either to refund the purchase price or to repair or replace product(s) that are not as warranted. In no event will Contractor be liable for any loss of use, loss of time, inconvenience, commercial loss, loss of profits or savings or other incidental, special or consequential damages to the full extent such use may be disclaimed by law. Contractor understands and agrees that it shall be liable to repay and shall repay upon demand to END USER any amounts determined by H-GAC, its independent auditors, or any agency of State or Federal government to have been paid in violation of the terms of this Master Agreement. ARTICLE 39: TITLES NOT RESTRICTIVE The titles assigned to the various Articles of this Master Agreement are for convenience only. Titles shall not be considered restrictive of the subject matter of any Article, or part of this Master Agreement. ARTICLE 40: JOINT WORK PRODUCT This Master Agreement is the joint work product of H-GAC and the Contractor. This Master Agreement has been negotiated by H-GAC and the Contractor and their respective counsel and shall be fairly interpreted in accordance with its terms and, in the event of any ambiguities, no inferences shall be drawn against any party. ARTICLE 41: PROCUREMENT OF RECOVERED MATERIAL H-GAC and the Respondent must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include: (1) procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; (2) procuring solid waste management services in a manner that maximizes energy and resource recovery; and (3) establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. Pursuant to the Federal Rule above, as required by the Resource Conservation and Recovery Act of 1976 (42 U.S.C. § 6962(c)(3)(A)(i)), Respondent certifies that the percentage of recovered materials content for EPA-designated items to be delivered or used in the DocuSign Envelope ID: E5D0AE3A-44CD-4EE0-B8A6-50DCCE4C286F Page 11 of 13 performance of the Contract will be at least the amount required by the applicable contract specifications or other contractual requirements. ARTICLE 42: COPELAND “ANTI-KICKBACK” ACT 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 the contract. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as appropriate agency 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. 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. ARTICLE 43: DISCRIMINATION Respondent and any potential subcontractors shall comply with all Federal statutes relating to nondiscrimination. These include, but are not limited to: a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352), which prohibits discrimination on the basis of race, color, or national origin; b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of handicaps; d) The Age Discrimination Act of 1975, as amended (42 U.S.C. §§6101- 6107), which prohibits discrimination on the basis of age; e) The Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; f) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; g) Sections 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as amended, relating to nondiscrimination in the sale, rental, or financing of housing; i) Any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and j) The requirements of any other nondiscrimination statute(s) that may apply to the application. ARTICLE 44: DRUG FREE WORKPLACE Contractor must provide a drug-free workplace in accordance with the Drug-Free Workplace Act, as applicable. For the purposes of this Section, “drug-free” means a worksite at which employees are prohibited from engaging in the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance. H-GAC may request a copy of this policy. ARTICLE 45: APPLICABILITY TO SUBCONTRACTORS Respondent agrees that all contracts it awards pursuant to the contract awarded as a result of this Master Agreement will be bound by the foregoing terms and conditions. ARTICLE 46: WARRANTY AND COPYRIGHT Submissions must include all warranty information, including items covered, items excluded, duration, and renewability. Submissions must include proof of licensing if using third party code for programming. ARTICLE 47: DATA HANDLING AND SECURITY It will always be the responsibility of the selected Contractor to manage data transfer and to secure all data appropriately during the project to prevent unauthorized access to all data, products, and deliverables. DocuSign Envelope ID: E5D0AE3A-44CD-4EE0-B8A6-50DCCE4C286F Page 12 of 13 ARTICLE 48: DISPUTES All disputes concerning questions of fact or of law arising under this Master Agreement, which are not addressed within the Whole Master Agreement as defined pursuant to Article 4 hereof, shall be decided by the Executive Director of H-GAC or his designee, who shall reduce his decision to writing and provide notice thereof to the Contractor. The decision of the Executive Director or his designee shall be final and conclusive unless, within thirty (30) days from the date of receipt of such notice, the Contractor requests a rehearing from the Executive Director of H-GAC. In connection with any rehearing under this Article, the Contractor shall be afforded an opportunity to be heard and offer evidence in support of its position. The decision of the Executive Director after any such rehearing shall be final and conclusive. The Contractor may, if it elects to do so, appeal the final and conclusive decision of the Executive Director to a court of competent jurisdiction. Pending final decision of a dispute hereunder, the Contractor shall proceed diligently with the performance of the Master Agreement and in accordance with H-GAC's final decision. ARTICLE 49: CHOICE OF LAW: VENUE This Master Agreement shall be governed by the laws of the State of Texas. Venue and jurisdiction of any suit or cause of action arising under or in connection with the Master Agreement shall lie exclusively in Harris County, Texas. Disputes between END USER and Contractor are to be resolved in accordance with the law and venue rules of the state of purchase. Contractor shall immediately notify H-GAC of such disputes. ARTICLE 50: ORDER OF PRIORITY In the case of any conflict between or within this Master Agreement, the following order of priority shall be utilized: 1) General Provisions, 2) Special Provisions, 3) Scope of Work, and 4) Other Attachments. ARTICLE 51: WHOLE MASTER AGREEMENT Please note, this is an H-GAC Master Agreement template and is used for all products and services offered in H-GAC Cooperative Purchasing. Any redlines to this Master Agreement may not be reviewed. If this Master Agreement has not been signed by the Contractor within 30 calendar days, this Master Agreement will be automatically voided. The Master General Provisions, Master Special Provisions, and Attachments, as provided herein, constitute the complete Master Agreement between the parties hereto, and supersede any and all oral and written Master Agreements between the parties relating to matters herein. Except as otherwise provided herein, this Master Agreement cannot be modified without written consent of the parties. ARTICLE 52: UNIVERSAL IDENTIFIER AND SYSTEM FOR AWARD MANAGEMENT (SAM) In accordance with 2 CFR Title 2, Subtitle A, Chapter I, Part 25 as it applies to a Federal awarding agency's grants, cooperative agreements, loans, and other types of Federal financial assistance as defined in 2 CFR 25.406. Contractor understands and as it relates to 2 CFR 25.205(a), a Federal awarding agency may not make a Federal award or financial modification to an existing Federal award to an applicant or recipient until the entity has complied with the requirements described in 2 CFR 25.200 to provide a valid unique entity identifier and maintain an active SAM registration (www.SAM.gov) with current information (other than any requirement that is not applicable because the entity is exempted under § 25.110). 2 CFR 25.200(b) requires that registration in the SAM prior to submitting an application or plan; and maintain an active SAM registration with current information, including information on a recipient's immediate and highest level owner and subsidiaries, as well as on all predecessors that have been awarded a Federal contract or grant within the last three years, if applicable, at all times during which it has an active Federal award or an application or plan under consideration by a Federal awarding agency; and provide its unique entity identifier in each application or plan it submits to the Federal awarding agency. To remain registered in the SAM database after the initial registration, the applicant is required to review and update its information in the SAM database on an annual basis from the date of initial registration or subsequent updates to ensure it is current, accurate and complete. At the time a Federal awarding agency is ready to make a Federal award, if the intended recipient has not complied with an applicable requirement to provide a unique entity identifier or maintain an active SAM registration with current information, the Federal awarding agency: (1) May determine that the applicant is not qualified to receive a Federal award; and (2) May use that determination as a basis for making a Federal award to another applicant. ARTICLE 53: PROCUREMENT OF RECOVERED MATERIALS In accordance with 2 CFR 200.323, the Houston-Galveston Area Council and the Contractor or Subrecipient must DocuSign Envelope ID: E5D0AE3A-44CD-4EE0-B8A6-50DCCE4C286F Page 13 of 13 comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include: (1) procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; (2) procuring solid waste management services in a manner that maximizes energy and resource recovery; and (3) establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. Pursuant to the Federal Rule above, as required by the Resource Conservation and Recovery Act of 1976 (42 U.S.C. § 6962(c)(3)(A)(i)), the Contractor or Subrecipient certifies that the percentage of recovered materials content for EPA-designated items to be delivered or used in the performance of the Agreement will be at least the amount required by the applicable contract specifications or other contractual requirements. SIGNATURES: H-GAC and the Contractor have read, agreed, and executed the whole Master Agreement as of the date first written above, as accepted by: CUES, Inc. Signature $docusign:SignHere::Customer1 Name Thomas Moye Title Chief Fiancial Officer Date $docusign:DateSigned::Customer1 H-GAC Signature $docusign:SignHere::InternalSigner Name Chuck Wemple Title Executive Director Date $docusign:DateSigned::InternalSigner DocuSign Envelope ID: E5D0AE3A-44CD-4EE0-B8A6-50DCCE4C286F 5/23/2024 5/23/2024 H-GAC Houston-Galveston Area Council P.O. Box 22777 · 3555 Timmons · Houston, Texas 77227-2777 Cooperative Agreement - Contract - CUES, Inc. - Public Services - ID: 12571 Page 1 of 8 MASTER SPECIAL PROVISIONS Please note, this is an H-GAC Master Agreement template and is used for all products and services offered in H-GAC Cooperative Purchasing. Any redlines to this Master Agreement may not be reviewed. Incorporated by attachment, as part of the whole Master Agreement, H-GAC and the Contractor do, hereby agree to the Master Special Provisions as follows: ARTICLE 1: BIDS/PROPOSALS INCORPORATED In addition to the whole Master Agreement, the following documents listed in order of priority are incorporated into the Master Agreement by reference: Bid/Proposal Specifications and Contractor’s Response to the Bid/Proposal. ARTICLE 2: END USER MASTER AGREEMENTS (“EUA”) H-GAC acknowledges that the END USER, which is the HGACBuy customer utilizing the contract (CUSTOMER and END USER may be used interchangeably) may choose to enter into an End User Master Agreement (EUA) with the Contractor through this Master Agreement. A CUSTOMER/END USER is a state agency, county, municipality, special district, or other political subdivision of a state, or a qualifying non-profit corporation (providing one or more governmental function or service that possess legal authority to enter into the Contract. The term of the EUA may exceed the term of the current H-GAC Master Agreement. H-GAC’s acknowledgement is not an endorsement or approval of the End User Master Agreement’s terms and conditions. Contractor agrees not to offer, agree to or accept from the CUSTOMER/END USER, any terms or conditions that conflict with those in Contractor’s Master Agreement with H-GAC. Contractor affirms that termination of its Master Agreement with H-GAC for any reason shall not result in the termination of any underlying EUA, which shall in each instance, continue pursuant to the EUA’s stated terms and duration. Pursuant to the terms of this Master Agreement, termination of this Master Agreement will disallow the Contractor from entering into any new EUA with CUSTOMER/END USER. Applicable H-GAC order processing charges will be due and payable to H-GAC on any EUAs, surviving termination of this Master Agreement between H-GAC and Contractor. ARTICLE 3: MOST FAVORED CUSTOMER CLAUSE Contractor shall provide its most favorable pricing and terms to H-GAC. If at any time during this Master Agreement, Contractor develops a regularly followed standard procedure of entering into Master Agreements with other governmental customers within the State of Texas, and offers the same or substantially the same products/services offered to H-GAC on a basis that provides prices, warranties, benefits, and or terms more favorable than those provided to H-GAC, Contractor shall notify H-GAC within ten (10) business days thereafter, and this Master Agreement shall be deemed to be automatically retroactively amended, to the effective date of Contractor’s most favorable past Master Agreement with another entity. Contractor shall provide the same prices, warranties, benefits, or terms to H-GAC and its CUSTOMER/END USER as provided in its most favorable past Master Agreement. H-GAC shall have the right and option at any time to decline to accept any such change, in which case the amendment shall be deemed null and void. If Contractor claims that a more favorable price, warranty, benefit, or term that was charged or offered to another entity during the term of this Master Agreement, does not constitute more favorable treatment, than Contractor shall, within ten (10) business days, notify H-GAC in writing, setting forth the detailed reasons Contractor believes the aforesaid DocuSign Envelope ID: E5D0AE3A-44CD-4EE0-B8A6-50DCCE4C286F Page 2 of 8 offer is not in fact most favored treatment. H-GAC, after due consideration of Contractor’s written explanation, may decline to accept such explanation and thereupon this Master Agreement between H-GAC and Contractor shall be automatically amended, effective retroactively, to the effective date of the most favored Master Agreement, to provide the same prices, warranties, benefits, or terms to H-GAC and the CUSTOMER/END USER. EXCEPTION: This clause shall not be applicable to prices and price adjustments offered by a bidder, proposer, or contractor, which are not within bidder's/proposer’s control [example; a manufacturer's bid concession], or to any prices offered to the Federal Government and its agencies. ARTICLE 4: PARTY LIABILITY Contractor’s total liability under this Master Agreement, whether for breach of contract, warranty, negligence, strict liability, in tort or otherwise, is limited to the price of the particular products/services sold hereunder. Contractor agrees either to refund the purchase price or to repair or replace product(s) that are not as warranted. Contractor accepts liability to repay, and shall repay upon demand to CUSTOMER/END USER, any amounts determined by H-GAC, its independent auditors, or any state or federal agency, to have been paid in violation of the terms of this Master Agreement. ARTICLE 5: GOVERNING LAW & VENUE Contractor and H-GAC agree that Contractor will make every reasonable effort to resolve disputes with the CUSTOMER/END USER in accord with the law and venue rules of the state of purchase. Contractor shall immediately notify H-GAC of such disputes. ARTICLE 6: SALES AND ORDER PROCESSING CHARGE Contractor shall sell its products to CUSTOMER/END USER based on the pricing and terms of this Master Agreement. H-GAC will invoice Contractor for the applicable order processing charge when H-GAC receives notification of a CUSTOMER/END USER order. Contractor shall remit to H-GAC the full amount of the applicable order processing charge, after delivery of any product or service and subsequent CUSTOMER/END USER acceptance. Payment of the Order Processing Charge shall be remitted from Contractor to H-GAC, within thirty (30) calendar days or ten (10) business days after receipt of a CUSTOMER/END USER’s payment, whichever comes first, notwithstanding Contractor’s receipt of invoice. For sales made by Contractor based on this Master Agreement, including sales to entities without Interlocal Master Agreements, Contractor shall pay the applicable order processing charges to H-GAC. Further, Contractor agrees to encourage entities who are not members of H-GAC’s Cooperative Purchasing Program to execute an H-GAC Interlocal Master Agreement. H-GAC reserves the right to take appropriate actions including, but not limited to, Master Agreement termination if Contractor fails to promptly remit the appropriate order processing charge to H-GAC. In no event shall H-GAC have any liability to Contractor for any goods or services a CUSTOMER/END USER procures from Contractor. At all times, Contractor shall remain liable to pay to H-GAC any order processing charges on any portion of the Master Agreement actually performed, and for which compensation was received by Contractor. ARTICLE 7: LIQUIDATED DAMAGES Contractor and H-GAC agree that Contractor shall cooperate with the CUSTOMER/END USER at the time a CUSTOMER/END USER purchase order is placed, to determine terms for any liquidated damages. ARTICLE 8: INSURANCE Unless otherwise stipulated in Section B of the Bid/Proposal Specifications, Contractor must have the following insurance and coverage minimums: DocuSign Envelope ID: E5D0AE3A-44CD-4EE0-B8A6-50DCCE4C286F Page 3 of 8 a. General liability insurance with a Single Occurrence limit of at least $1,000,000.00, and a General Aggregate limit of at least two times the Single Occurrence limit. b. Product liability insurance with a Single Occurrence limit of at least $1,000,000.00, and a General Aggregate limit of at least two times the Single Occurrence limit for all Products except Automotive Fire Apparatus. For Automotive Fire Apparatus, see Section B of the Bid/Proposal Specifications. c. Property Damage or Destruction insurance is required for coverage of End User owned equipment while in Contractor's possession, custody, or control. The minimum Single Occurrence limit is $500,000.00 and the General Aggregate limit must be at least two times the Single Occurrence limit. This insurance may be carried in several ways, e.g. under an Inland Marine policy, as art of Automobile coverage, or under a Garage Keepers policy. In any event, this coverage must be specifically and clearly listed on insurance certificate(s) submitted to H-GAC. d. Insurance coverage shall be in effect for the length of any contract made pursuant to the Bid/Proposal, and for any extensions thereof, plus the number of days/months required to deliver any outstanding order after the close of the contract period. e. Original Insurance Certificates must be furnished to H-GAC on request, showing Contractor as the insured and showing coverage and limits for the insurances listed above. f. If any Product(s) or Service(s) will be provided by parties other than Contractor, all such parties are required to carry the minimum insurance coverages specified herein, and if requested by H-GAC, a separate insurance certificate must be submitted for each such party. g. H-GAC reserves the right to contact insurance underwriters to confirm policy and certificate issuance and document accuracy. ARTICLE 9: PERFORMANCE AND PAYMENT BONDS FOR INDIVIDUAL ORDERS H-GAC’s contractual requirements DO NOT include a Performance & Payment Bond (PPB); therefore, Contractor shall offer pricing that reflects this cost savings. Contractor shall remain prepared to offer a PPB to cover any order if so requested by the CUSTOMER/END USER. Contractor shall quote a price to CUSTOMER/END USER for provision of any requested PPB, and agrees to furnish the PPB within ten business (10) days of receipt of CUSTOMER/END USER's purchase order. ARTICLE 10: ORDER PROCESSING CHARGE H-GAC will apply an Order Processing Charge for each sale done through the H-GAC contract, with the exception of orders for motor vehicles. Any pricing submitted must include this charge amount per the most current H-GAC schedule. For motor vehicle orders, the Processing Charge is paid by the CUSTOMER/END USER. Contractor will need to refer to the solicitation for the Order Processing Charge. ARTICLE 11: CHANGE OF STATUS Contractor shall immediately notify H-GAC, in writing, of ANY change in ownership, control, dealership/franchisee status, Motor Vehicle license status, or name. Contractor shall offer written guidance to advise H-GAC if this Master Agreement shall be affected in any way by such change. H-GAC shall have the right to determine whether or not such change is acceptable, and to determine what action shall be warranted, up to and including cancellation of Master Agreement. ARTICLE 12: REQUIREMENTS TO APPLICABLE PHYSICAL GOODS In the case of physical goods (e.g. equipment, material, supplies, as opposed to services), all Products offered must comply with any applicable provisions of the Texas Business and Commerce Code, Title 1, Chapter 2 and with at least the following: DocuSign Envelope ID: E5D0AE3A-44CD-4EE0-B8A6-50DCCE4C286F Page 4 of 8 a. Be new, unused, and not refurbished. b. Not be a prototype as the general design, operation, and performance. This requirement is NOT meant to preclude the Contractor from offering new models or configurations which incorporate improvements in a current design or add functionality, but in which new model or configuration may be new to the marketplace. c. Include all accessories which may or may not be specifically mentioned in the Master Agreement, but which are normally furnished or necessary to make the Product ready for its intended use upon delivery. Such accessories shall be assembled, installed, and adjusted to allow continuous operation of Product at time of delivery. d. Have assemblies, sub-assemblies and component parts that are standard and interchangeable throughout the entire quantity of a Product as may be purchased simultaneously by any END USER/CUSTOMER. e. Be designed and constructed using current industry accepted engineering and safety practices, and materials. f. Be available for inspection at any time prior to or after procurement. ARTICLE 13: TEXAS MOTOR VEHICLE BOARD LICENSING All Contractors that deal in motor vehicles shall maintain current licenses that are required by the Texas Motor Vehicle Commission Code. If at any time during this Master Agreement term, any required Contractor license is denied, revoked, or not renewed, Contractor shall be in default of this Master Agreement, unless the Texas Motor Vehicle Board issues a stay or waiver. Contractor shall promptly provide copies of all current applicable Texas Motor Vehicle Board documentation to H-GAC upon request. ARTICLE 14: INSPECTION/TESTING All Products sold pursuant to this Master Agreement will be subject to inspection/testing by or at the direction of H-GAC and/or the ordering CUSTOMER/END USER, either at the delivery destination or the place of manufacture. In the event a Product fails to meet or exceed all requirements of this Master Agreement, and unless otherwise agreed in advance, the cost of any inspection and/or testing, will be the responsibility of the Contractor. ARTICLE 15: ADDITIONAL REPORTING REQUIREMENTS Contractor agrees to submit written quarterly reports to H-GAC detailing all transactions during the previous three (3) month period. Reports must include, but are not limited, to the following information: a. CUSTOMER/END USER Name b. Product/Service purchased, including Product Code if applicable c. Customer Purchase Order Number d. Purchase Order Date e. Product/Service dollar amount f. HGACBuy Order Processing Charge amount ARTICLE 16: BACKGROUND CHECKS Cooperative customers may request background checks on any awarded contractor’s employees who will have direct contact with students, or for any other reason they so choose, any may require contractor to pay the cost of obtaining any background information requested by the CUSTOMER/END USER. ARTICLE 17: PROHIBITION ON CONTRACTS WITH COMPANIES BOYCOTTING ISRAEL CERTIFICATION As required by Chapter 2271 of the Texas Local Government Code the Contractor must verify that it 1) does not boycott Israel; and 2) will not boycott Israel during the term of the Contract. Pursuant to Section 2271.001, Texas Government Code: DocuSign Envelope ID: E5D0AE3A-44CD-4EE0-B8A6-50DCCE4C286F Page 5 of 8 1. “Boycott Israel” means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes; and 2. “Company” means a for-profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or any limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit. ARTICLE 18: NO EXCLUDED NATION OR TERRORIST ORGANIZATION CERTIFICATION As required by Chapter 2252 of the Texas Government Code the Contractor must certify that it is not a company engaged in active business operations with Sudan, Iran, or a foreign terrorist organization – specifically, any company identified on a list prepared and maintained by the Texas Comptroller under Texas Government Code §§806.051, 807.051, or 2252.153. (A company that the U.S. Government affirmatively declares to be excluded from its federal sanctions regime relating to Sudan, Iran, or any federal sanctions regime relating to a foreign terrorist organization is not subject to the contract prohibition.) ARTICLE 19: PROHIBITION ON CONTRACTING WITH ENTITIES USING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE EQUIPMENT (Effective Aug. 13, 2020 and as amended October 26, 2020) Pursuant to 2 CFR 200.216, Contractor shall not offer equipment, services, or system that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. ‘‘Covered telecommunications equipment or services means 1) telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities); 2) for the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities); 3) telecommunications or video surveillance services provided by such entities or using such equipment; or 4) telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. Contractor must comply with requirements for certifications. The provision at 48 C.F.R Section 52.204-26 requires that Contractors review SAM prior to completing their required representations. This rule applies to all acquisitions, including acquisitions at or below the simplified acquisition threshold and to acquisitions of commercial items, including commercially available off the-shelf items. ARTICLE 20: BUY AMERICA ACT (National School Lunch Program and Breakfast Program) With respect to products purchased by CUSTOMER/END USER for use in the National School Lunch Program and/or National School Breakfast Program, Contractor shall comply with all federal procurement laws and regulations with respect to such programs, including the Buy American provisions set forth in 7 C.F.R. Part 210.21(d), to the extent applicable. Contractor agrees to provide all certifications required by CUSTOMER/END USER regarding such programs. In the event Contractor or Contractor’s supplier(s) are unable or unwilling to certify compliance with the Buy American Provision, or the applicability of an exception to the Buy American provision, H-GAC CUSTOMER/END USER may decide not to purchase from Contractor. Additionally, H-GAC DocuSign Envelope ID: E5D0AE3A-44CD-4EE0-B8A6-50DCCE4C286F Page 6 of 8 CUSTOMER/END USER may require country of origin on all products and invoices submitted for payment by Contractor, and Contractor agrees to comply with any such requirement. ARTICLE 21: BUY AMERICA REQUIREMENT (Applies only to Federally Funded Highway and Transit Projects) With respect to products purchased by CUSTOMER/END USER for use in federally funded highway projects, Contractor shall comply with all federal procurement laws and regulations with respect to such projects, including the Buy American provisions set forth in 23 U.S.C. Section 313, 23 C.F.R. Section 635.410, as amended, and the Steel and Iron Preference provisions of Texas Transportation Code Section 223.045, to the extent applicable. Contractor agrees to provide all certifications required by CUSTOMER/END USER regarding such programs. With respect to products purchased by CUSTOMER/END USER for use in federally funded transit projects, Contractor shall comply with all federal procurement laws and regulations with respect to such projects, including the Buy American provisions set forth in 49 U.S.C. Section 5323(j)(1), 49 C.F.R. Sections 661.6 or 661.12, to the extent applicable. Contractor agrees to provide all certifications required by CUSTOMER/END USER regarding such programs. ARTICLE 22: DOMESTIC PREFERENCE In accordance with 2 CFR 200.322, as appropriate and to the extent consistent with law, a CUSTOMER/END USER using federal grant award funds should, to the greatest extent practicable, 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). The CUSTOMER/END USER must include this requirement in all subawards including all contracts and purchase orders for work or products under the federal grant award. If Contractor intends to qualify for Purchase Orders using federal grant money, they shall work with the CUSTOMER/END USER to provide all required certifications and other documentation needed to show compliance. ARTICLE 23: TITLE VI REQUIREMENTS H-GAC in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any disadvantaged business enterprises will be afforded full and fair opportunity to submit in response to this Master Agreement and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. ARTICLE 24: EQUAL EMPLOYMENT OPPORTUNITY Except as otherwise provided under 41 CFR Part 60, all Contracts and CUSTOMER/END USER Purchase Orders that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 shall be deemed to include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., pg.339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41CFR Part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” The equal opportunity clause provided under 41 CFR 60-1.4(b) is hereby incorporated by reference. Contractor agrees that such provision applies to any contract that meets the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 and agrees that it will comply with such provision. ARTICLE 25: CLEAN AIR AND WATER POLLUTION CONTROL ACT CUSTOMER/END USER Purchase Orders using federal funds must contain a provision that requires the Contractor to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean DocuSign Envelope ID: E5D0AE3A-44CD-4EE0-B8A6-50DCCE4C286F Page 7 of 8 Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). Pursuant to the Federal Rule above, Contractor certifies that it is in compliance with all applicable provisions of the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387) and will remain in compliance during the term of the Contract. ARTICLE 26: PREVAILING WAGE Contractor and any potential subcontractors have a duty to and shall pay the prevailing wage rate under the Davis-Bacon Act, 40 U.S.C. 276a – 276a-5, as amended, and the regulations adopted thereunder contained in 29 C.F.R. pt. 1 and 5. ARTICLE 27: CONTRACT WORK HOURS AND SAFETY STANDARDS As per the Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708), where applicable, all CUSTOMER/END USER Purchase Orders in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer, on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. ARTICLE 28: PROFIT AS A SEPARATE ELEMENT OF PRICE For purchases using federal funds more than the current Simplified Acquisition Threshold of $250,000, requires negotiation of profit as a separate element of the price. See, 2 CFR 200.324(b). Contractor agrees to provide information and negotiate regarding profit as a separate element of the price for the purchase. Contractor also agrees that the total price, including profit, charged by Contractor will not exceed the awarded pricing, including any applicable discount, under any awarded contract. ARTICLE 29: BYRD ANTI-LOBBYING AMENDMENT Byrd Anti-Lobbying Amendment (31U.S.C. 1352) – Contractors that apply or bid for an award exceeding $100,000 must file the required anti-lobbying certification. Each tier must certify to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier, up to the CUSTOMER/END USER. As applicable, Contractor agrees to file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 USC 1352). Contractor certifies that it is currently in compliance with all applicable provisions of the Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) and will continue to be in compliance throughout the term of the Contract and further certifies that: 1. No Federal appropriated funds have been paid or will be paid by or on behalf of the Contractor, 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 DocuSign Envelope ID: E5D0AE3A-44CD-4EE0-B8A6-50DCCE4C286F Page 8 of 8 with the awarding of a Federal contract, the making of a Federal Grant, the making of a Federal Loan, the entering into a cooperative Master Agreement, and the extension, continuation, renewal, amendment, or modification of a Federal contract, grant, loan, or cooperative Master 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 a Member of Congress in connection with a Federal contract, grant, loan, or cooperative Master Agreement, Contractor shall complete and submit Standard Form – LLL, “Disclosure Form to Report Lobbying”, in accordance with its instructions. 3. Contractor 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 Master Agreements) and that all subcontractors 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 certificate 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. ARTICLE 30: COMPLIANCE WITH EPA REGULATIONS APPLICABLE TO GRANTS, SUBGRANTS, COOPERATIVE MASTER AGREEMENTS, AND CONTRACTS Contractor certifies compliance with all applicable standards, orders, regulations, and/or requirements issued pursuant to the Clean Air Act of 1970, as amended (42 U.S.C. 1857(h)), Section 508 of the Clean Water Act, as amended (13 U.S.C. 1368), Executive Order 117389 and Environmental Protection Agency Regulation, 40 CFR Part 15. ARTICLE 31: COMPLIANCE WITH ENERGY POLICY AND CONSERVATION ACT Contractor certifies that Contractor will be in compliance with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871). DocuSign Envelope ID: E5D0AE3A-44CD-4EE0-B8A6-50DCCE4C286F Request For Proposal #SC06-24 Title: Sewer/Storm Water, Hydro-Excavating Equipment and Related Services 12 4. Specifications/Categories/Scope of Work This is an indefinite quantity/indefinite delivery offerings contract – The HGACBuy Customer is responsible to ensure adequate competition is performed between the various contractors or contractors outside of HGACBuy to determine price reasonableness that might be required per any funding agency. Customer will need to ensure compliance with any funding agency requirements before proceeding with a purchase order under this contract. Please consult legal counsel regarding questions concerning compliance as a contractor under this solicitation. 4.1. Categories This Solicitation is divided into ten (10) separate but related product categories (A-J). When submitting a response, Respondent may choose to submit a response to any of the categories or all of them. No additional weighted value will be assigned to a response that addresses more than one or all categories listed. All equipment must be the manufacturer’s new and current model and must be fully operational upon delivery to the Customer. Please note: awarded contracts for SC06-24 allow contractors to update their manufacturer pricing and product offerings at any time during the course of the four-year contract term. Alternative Fuel Vehicles: All responses that include electric, hybrid, or other alternative fuel vehicles or equipment must list these vehicles in Category H. If that specific product is also available with an internal combustion engine (ICE), please list the ICE vehicle separately in the appropriate vehicle category. Category H should only include the alternative fuel vehicles, regardless of vehicle function or type. Product categories are as follows: A. Sewer/Storm Water/Pipeline Cleaners - Truck and Trailer mounted B. Jet Rodders - Truck and Trailer mounted C. Hydro-Excavators - Truck and Trailer mounted D. Sewer/Storm Water/Pipeline Inspection System - portable E. Sewer/Storm Water/Pipeline Inspection System Vans and Trailers F. Miscellaneous Sewer/Storm Water Cleaning Vehicles/Equipment G. Miscellaneous Sewer/Storm Water Cleaning Services H. Electric/Alternative Fuel Sewer/Storm Water Cleaning, Hydro-Excavator, Inspection, or related vehicles Response listings/descriptions must be organized by major sub-categories including Manufacturer, model, chassis, vehicle type, fuel/propulsion type, and function. I. Sewer/Storm Water Cleaning and related vehicle Service/Maintenance Plans Response listings/descriptions must include plan details, including details about which fees are included in costs, and items such as labor rates, and fee structures. DocuSign Envelope ID: E5D0AE3A-44CD-4EE0-B8A6-50DCCE4C286F Request For Proposal #SC06-24 Title: Sewer/Storm Water, Hydro-Excavating Equipment and Related Services 13 J. Sewer/Storm Water Cleaning and related vehicle Parts and Supplies Response listing need only to include catalog name and percentage discount. Please include in your response a complete listing or catalog of vehicle option packages, dealer options, and accessories separately. Please clearly indicate if the options are model or vehicle specific, or only available for specific models or vehicles. Options must be clearly identified as upgrades or downgrades and clearly show the net effect to the price of the base model. Please upload in Section 10.1.6 - no zip files can be accepted. This solicitation does not include the following types of vehicles, which are included in other HGACBuy contracts: Earth Moving and Construction Equipment (EM06-19), Street Sweeping Equipment (SW04-20), Grounds and Turf Equipment (GR01-20), or Medium and Heavy Duty Trucks and Truck Bodies (HT06-21). 4.2. Manuals and Base Model Specs A. Contractor must supply at the time of delivery, at least one complete owner's manual or complete operations and service documentation covering the completed vehicles as delivered and accepted. B. Respondent must supply the following information with their response: Technical Specifications, Product Brochures, Tear Sheets, Cut Sheets, Strippers, etc. which clearly show all the standard features and capabilities of each base model on the response listing. Please upload in Section 10.1.5 - no zip files can be accepted. 4.3. Service / Maintenance Plans and Parts All service/maintenance plan listings must clearly indicate the cost structure for such plans, including which costs and fees are included (ex: hourly labor rates, shop fees, supply fees, environmental fees). 4.4. Final Contract Deliverables Contractor agrees to submit written quarterly reports to H-GAC detailing all transactions during the previous three (3) month period. Reports must include, but are not limited, to the following information: • Customer Name and address • HGACBuy confirmation number • Product/Service purchased • Customer Purchase Order Number • Purchase Order Date DocuSign Envelope ID: E5D0AE3A-44CD-4EE0-B8A6-50DCCE4C286F Request For Proposal #SC06-24 Title: Sewer/Storm Water, Hydro-Excavating Equipment and Related Services 14 • Product/Service dollar amount • HGACBuy Order Processing Charge amount Reports must be provided to H-GAC in Excel or other acceptable electronic format by the 30th day of the month following the quarter being reported. If Contractor defaults in providing Products or Services reporting as required by the contract, recourse may be exercised through cancellation of the contract and other legal remedies as appropriate. DocuSign Envelope ID: E5D0AE3A-44CD-4EE0-B8A6-50DCCE4C286F Attachment A CUES, Inc. Sewer/Storm Water, Hydro-Excavating Equipment and Related Services Contract No.: SC06-24 Manufacturer Model Item Description Offered List Price HGACBuy Discount Category D – Sewer/Storm Water/Pipeline Inspection System-Portable Cues, Inc.D1 - Mark 3 System Mark3 - Portable Mainline TV Inspection System”, including: Pan and Tilt Zoom camera, Ultra Shorty self propelled tractor for 6"-15" lines, LCD Display with built in Power Control Unit, keypad and mounted on reinforced RAM assembly, built in DVR, compact reel with 1000' multi-conductor TV cable, auto payout retrieve and footage head, downhole equipment and one day training. 107,160.00$ 6% Cues, Inc.D2 - QZIII Pole Camera QZ III Zoom Pole Camera system, including: wireless high definition camera, distance to defect, M.A.P. lighting, extendable telescoping pole, rechargeable battery and wireless control via GNET software(software sold separately).20,478.00$ 6% Cues, Inc.D3 - MP+ Portable Pipeline Inspection System MP+ - Portable Pipeline Inspection System : Portable lateral & mini-mainline push system. This modularly designed system stands out by integrating all of the most sought after features including video titling, video inspection coding, digital recording and portability into an easy to use and intuitive package. System includes a miniature self leveling camera with built in sonde, stainless steel durable wheeled coiler with 200’ of push cable and large 8.4 industrial grade monitor with built in titling and digital recording in a weather/water resistant enclosure for 2” – 12” pipelines. 19,900.00$ 6% Cues, Inc.D4 - C541 Flexiprobe Plumbers Portable Inspection System C541 Flexiprobe® Plumbers including Command Center, Mini reel with 100' push rod, 1" color camera, universal flexispring, skid set.8,533.00$ 6% Cues, Inc.D5 - C541 Flexiprobe Mini Portable Inspection System C541 Flexiprobe® Mini including Command Center, Mini reel with 115' push rod, 1" color camera, universal flexispring, skid set.9,842.00$ 6% Cues, Inc.D6 - C542 Flexiprobe Standard Portable Inspection System C542 Flexiprobe® Standard including Command Center, Standard reel with 200' push rod, 1" self-levelling color camera, universal flexispring, skid set.10,695.00$ 6% Cues, Inc.D7 - C543 Flexiprobe Standard Portable Inspection System C543 Flexiprobe® Standard including Command Center, Standard reel with 500' push rod, 1" self-levelling color camera, universal flexispring, skid set.19,054.00$ 6% Cues, Inc. D8 - C550 Flexitrax Small Standard Portable Inspection Package C550 Flexitrax Small Standard Package - Portable Inspection System, Motorized Drum with up to 1000' cable, 6" crawler with lift, Pan & Tilt Camera for Pipe Inspection of 6-18" diameter pipes. Comes complete with Downhole System and Command Module with built in joysticks.62,623.00$ 6% Cues, Inc. D9 - C550 Flexitrax Large Standard Portable Inspection Package C550 Flexitrax Large Standard Package - Portable Inspection System, Motorized Drum with up to 1000' cable, 8" crawler with lift, Pan & Tilt Camera for Pipe Inspection of 8" - 36" diameter pipes. Comes complete with Downhole System and Command Module with built in joysticks.79,398.00$ 6% Category E – Sewer/Storm Water/Pipeline Inspection System Vans & Trailers Cues, Inc.E1 - Hi-Cube Van Installation (Vehicle Provided by Customer) Hi-Cube Van Installation (vehicle provided by customer) which includes: 14' aluminum hi-cube body with full height walk thru to viewing room from cab; Evolution Hi-Cube interior carpentry and outfitting; 7 KW on-board generator; Pan and Tilt Zoom camera; rack-mounted Power Control Unit (PCU); Data display system with 22” LCD rack-mounted monitor; rack- mounted DVR, TV cable reel with drop-down cable guide, footage head, and 1000’ of multi- conductor cable; Ultra Shorty self propelled tractor for 6"-15" lines; maintenance kit, downhole equipment and two (2) days training. 205,050.00$ 6% Cues, Inc.E2 - Hi-Cube Van TV Inspection Vehicle Hi-Cube Van TV Inspection Vehicle - Ford E450 Cutaway Van, 158" wheelbase, gas engine, automatic transmission, cab air conditioning, AM/FM Radio, 14,050 GVW which includes: 14' aluminum hi-cube body with full height walk thru to viewing room from cab; Evolution Hi- Cube interior carpentry and outfitting; 7 KW on-board generator; Pan and Tilt Zoom camera; rack-mounted Power Control Unit (PCU); Data display system with 22” LCD rack-mounted monitor; rack-mounted DVR; TV cable reel with drop-down cable guide, footage head, and 1000’ of multi-conductor cable; Ultra Shorty self propelled tractor for 6"-15" lines; maintenance kit, downhole equipment and two (2) days training. 254,250.00$ 6% Cues, Inc.E3 - Step Van Installation (Vehicle Provided by Customer) Step Van Installation (vehicle provided by customer) which includes: 16' Step Van body with Evolution interior carpentry and outfitting; 7 KW on-board generator; Pan and Tilt Zoom camera; rack-mounted Power Control Unit (PCU); Data display system with 22” LCD rack- mounted monitor; rack-mounted DVR, TV cable reel with drop-down cable guide, footage head, and 1000’ of multi-conductor cable; Ultra Shorty self propelled tractor for 6"-15" lines; maintenance kit, downhole equipment and two (2) days training. 235,522.00$ 6% DocuSign Envelope ID: E5D0AE3A-44CD-4EE0-B8A6-50DCCE4C286F Cues, Inc.E4 - Step Van TV Inspection Vehicle Step Van TV Inspection Vehicle - Ford F59 Step Van chassis, 178" wheelbase, gas engine, automatic transmission, cab air conditioning, AM/FM Radio, 19,500 GVW which includes: 16' Step Van body with Evolution interior carpentry and outfitting; 7 KW on-board generator; Pan and Tilt Zoom camera; rack-mounted Power Control Unit (PCU); Data display system with 22” LCD rack-mounted monitor; rack-mounted DVR-SD; TV cable reel with drop-down cable guide, footage head, and 1000’ of multi-conductor cable; Ultra Shorty self propelled tractor for 6"-15" lines; maintenance kit, downhole equipment and two (2) days training. 288,628.00$ 6% Cues, Inc.E5 - Sprinter Installation (Vehicle Provided by Customer) Sprinter Van Installation (vehicle provided by customer) which includes: Evolution Sprinter interior carpentry and outfitting; 7.5 KW Diesel on-board generator, Pan and Tilt Zoom camera; rack-mounted Power Control Unit (PCU); Data display system; 22” LCD rack- mounted monitor; rack-mounted DVR, TV cable reel with drop-down cable guide, footage head, and 1000’ of multi-conductor cable; Ultra Shorty self propelled tractor for 6"-15" lines; maintenance kit, downhole equipment and two (2) days training. 186,863.00$ 6% Cues, Inc.E6 - Sprinter TV Inspection Vehicle Sprinter TV Inspection Vehicle - Mercedes-Benz Sprinter 170" wheelbase, diesel engine, automatic transmission, cab air conditioning, AM/FM Radio, 11,030 GVW which includes: 14' body, Evolution Sprinter interior carpentry and outfitting; 7.5 KW Diesel on-board generator; Pan and Tilt Zoom camera; rack-mounted Power Control Unit (PCU); Data display system; 22” LCD rack-mounted monitor; rack-mounted DVR, TV cable reel with drop-down cable guide, footage head, and 1000’ of multi-conductor cable; Ultra Shorty self propelled tractor for 6"-15" lines; maintenance kit, downhole equipment and two (2) days training. 261,636.00$ 6% Cues, Inc.E7 - Ford Transit Installation (Vehicle Provided by Customer) Ford Transit Van Installation (vehicle provided by customer) which includes: Evolution interior carpentry and outfitting; 7 KW on-board generator, Pan and Tilt Zoom camera; rack- mounted Power Control Unit (PCU); Data display system; 22” LCD rack-mounted monitor; rack-mounted DVR, TV cable reel with drop-down cable guide, footage head, and 1000’ of multi-conductor cable; Ultra Shorty self propelled tractor for 6"-15" lines; maintenance kit, downhole equipment and two (2) days training. 182,548.00$ 6% Cues, Inc.E8 - Ford Transit TV Inspection Vehicle Ford Transit TV Inspection Vehicle - Ford Transit, 148" wheelbase, 3.7 L gas engine, automatic transmission, cab air conditioning, AM/FM Radio, 10,360 GVW which includes: Evolution interior carpentry and outfitting; 7 KW on-board generator; Pan and Tilt Zoom camera; rack-mounted Power Control Unit (PCU); Data display system; 22” LCD rack- mounted monitor; rack-mounted DVR, TV cable reel with drop-down cable guide, footage head, and 1000’ of multi-conductor cable; Ultra Shorty self propelled tractor for 6"-15" lines; maintenance kit, downhole equipment and two (2) days training. 245,526.00$ 6% DocuSign Envelope ID: E5D0AE3A-44CD-4EE0-B8A6-50DCCE4C286F Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#26-0052 Agenda Date: 2/19/2026 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: General Services Agenda Number: 6.6 SUBJECT/RECOMMENDATION: Authorize a funding revision and contract extension to the purchase order with Enforcement One of Oldsmar, FL for citywide vehicle upfitting services, increasing annual funding from the originally assumed $250,000.00 to $950,000.00 for contract year two and $1,100,000.00 for contract year three, for a cumulative not-to-exceed contract total of $2,300,000.00; extend the final renewal option from April 30, 2027 to September 30, 2027 pursuant to Invitation to Bid (ITB) No. 18-24; and authorize the appropriate officials to execute same. (consent) SUMMARY: In April 2024, City Council awarded ITB 18-24 to Enforcement One. ITB 18-24 was issued for Vehicle Upfitting Services consisting of fabrication and/or installation of various equipment and accessories in city vehicles. These items include, but are not limited to: lighting, consoles, controllers, brackets, outlets, tool holders, pipe racks, pipe tie-down systems, water cooler holders, and vise grips. Enforcement One was the only bidder to respond to ITB 18-24. The primary use of this contract is for new vehicle upfits, with the occasional existing fleet vehicles requiring modifications. The contract is utilized citywide on an as-needed basis by all departments except the Police Department which has a separate upfitting contract (also with Enforcement One), awarded in ITB 46-22. The original award in April 2024 established a one-year term with two one-year renewal options and assumed an annual spend of $250,000.00 for citywide vehicle upfitting services for a total contract amount not-to-exceed $750,000.00. The Vehicle Replacement List (VRL) is now developed using data-driven criteria, resulting in a more robust and accurate replacement schedule than in prior years. To support the FY26 and FY27 VRLs, General Services requests a funding revision as follows: Year Funding Level Contract Year One (1)$250,000.00 Contract Year Two (2)$950,000.00 Contract Year Three (3) $1,100,000.00 Cumulative Contract Total $2,300,000.00 The pricing structure under the terms and conditions in ITB 18-24 will remain the same. General Services further requests an extension of the final contract term from April 30, 2027, through September 30, 2027, to align citywide and Clearwater Police vehicle upfitting under a single solicitation. This approach may result in more competitive pricing for the City and would reduce the need to manage multiple contracts. APPROPRIATION CODE AND AMOUNT: Departments with authorized vehicle purchases have funds budgeted for upfitting services for the current fiscal year (2025/26). Funding for future years will be requested as part of the annual budget process. STRATEGIC PRIORITY: This purchase supports the objectives of a High-Performing Government (1.2) and Superior Public Service by ensuring reliable, well-equipped operational fleets. Page 1 City of Clearwater Printed on 2/18/2026 v. 11.2018 Procurement Division 100 S Myrtle Ave 33756-5520 PO Box 4748 33758-4748 Clearwater FL 727-562-4633 INVITATION TO BID #18-24 Citywide Vehicle Upfitting Services January 24, 2024 NOTICE IS HEREBY GIVEN that sealed bids will be received by the City of Clearwater (City) until 10:00 A.M., Local Time, February 27, 2024, to provide Citywide Vehicle Upfitting Services. Brief Description: The City of Clearwater is seeking sealed bids for Citywide Vehicle Upfitting Services consisting of the procurement, installation and/or fabrication of various equipment and accessories in City vehicles. Bids must be in accordance with the provisions, specifications and instructions set forth herein and will be received by the Procurement Division until the above noted time, when they will be publicly acknowledged and accepted. Bid packets, any attachments and addenda are available for download at: https://www.myclearwater.com/business/rfp Please read the entire solicitation package and submit the bid in accordance with the instructions. This document (less this invitation and the instructions) and any required response documents, attachments, and submissions will constitute the bid. General, Process or Technical Questions concerning this solicitation should be directed, IN WRITING, to the following Procurement Analyst: Krissie Cook Procurement Analyst Kristina.cook@myclearwater.com This Invitation to Bid is issued by: Lori Vogel, CPPB Procurement Manager lori.vogel@myclearwater.com INSTRUCTIONS Citywide Vehicle Upfitting Services 2 ITB #18-24 i.1 VENDOR QUESTIONS: All questions regarding the contents of this solicitation, and solicitation process (including requests for ADA accommodations), shall be directed solely to the contact listed on page 1. Questions should be submitted in writing via letter, fax or email. Questions received less than ten (10) calendar days prior to the due date and time may be answered at the discretion of the City. i.2 ADDENDA/CLARIFICATIONS: Any changes to the specifications will be in the form of an addendum. Addenda are posted on the City website no less than seven (7) days prior to the Due Date. Vendors are cautioned to check the Purchasing Website for addenda and clarifications prior to submitting their bid. The City cannot be held responsible if a vendor fails to receive any addenda issued. The City shall not be responsible for any oral changes to these specifications made by any employees or officer of the City. Failure to acknowledge receipt of an addendum may result in disqualification of a bid. i.3 VENDOR CONFERENCE / SITE VISIT: Yes No Mandatory Attendance: Yes No If so designated above, attendance is mandatory as a condition of submitting a bid. The conference/site visit provides interested parties an opportunity to discuss the City's needs, inspect the site and ask questions. During any site visit you must fully acquaint yourself with the conditions as they exist and the character of the operations to be conducted under the resulting contract. i.4 DUE DATE & TIME FOR SUBMISSION AND OPENING: Date: February 27, 2024 Time: 10:00 A.M. (Local Time) The City will open all bids properly and timely submitted and will record the names and other information specified by law and rule. All bids become the property of the City and will not be returned except in the case of a late submission. Respondent names, as read at the bid opening, will be posted on the City website. Once a notice of intent to award is posted or 30 days from day of opening elapses, whichever occurs earlier, bids are available for inspection by contacting the Procurement Division. i.5 BID FIRM TIME: 90 days from Opening Bid shall remain firm and unaltered after opening for the number of days shown above. The City may accept the bid, subject to successful contract negotiations, at any time during this time. i.6 BID SECURITY: Yes No If so designated above, a bid security in the amount specified must be submitted with the bid. The security may be submitted in any one of the following forms: an executed surety bond issued by a firm licensed and registered to transact such business with the State of Florida; cash; certified check, or cashier's check payable to the City of Clearwater (personal or company checks are not acceptable); certificate of deposit or any other form of deposit issued by a financial institution and acceptable to the City. Such bid security shall be forfeited to the City of Clearwater should the bidder selected fail to execute a contract when requested. PERFORMANCE SECURITY: Yes No If required herein, the Contractor, simultaneously with the execution of the Contract, will be required to furnish a performance security. The security may be submitted in one-year increments and in any one of the following forms: an executed surety bond issued by a firm licensed and registered to transact such business with the State of Florida; cash; certified check, cashier's check or money order payable to the City of Clearwater (personal and company checks are not acceptable); INSTRUCTIONS Citywide Vehicle Upfitting Services 3 ITB #18-24 certificate of deposit or any other form of deposit issued by a financial institution and acceptable to the City. If the Contractor fails or refuses to fully comply with the terms and conditions of the contract, the City shall have the right to use all or such part of said security as may be necessary to reimburse the City for loss sustained by reason of such breach. The balance of said security, if any, will be returned to Contractor upon the expiration or termination of the contract. i.7 BID SUBMITTAL TO: It is recommended that bids be submitted electronically through our bids website at https://www.myclearwater.com/business/rfp Bidders may mail or hand-deliver bids to the address below. E-mail or fax submissions will not be accepted. Use label at the end of this solicitation package. City of Clearwater Attn: Procurement Division 100 S Myrtle Ave, 3rd Fl, Clearwater FL 33756-5520 or PO Box 4748, Clearwater FL 33758-4748 No responsibility will attach to the City of Clearwater, its employees or agents for premature opening of a bid that is not properly addressed and identified. i.8 LATE BIDS. The bidder assumes responsibility for having the bid delivered on time at the place specified. All bids received after the date and time specified shall not be considered and will be returned unopened to the bidder. The bidder assumes the risk of any delay in the mail or in handling of the mail by employees of the City of Clearwater, or any private courier, regardless whether sent by mail or by means of personal delivery. You must allow adequate time to accommodate all registration and security screenings at the delivery site. A valid photo I.D. may be required. It shall not be sufficient to show that you mailed or commenced delivery before the due date and time. All times are Clearwater, Florida local times. The bidder agrees to accept the time stamp in the City Procurement Office as the official time. i.9 LOBBYING; LOBBYING NO-CONTACT PERIOD; QUESTIONS REGARDING SOLICITATION. From the time a competitive solicitation is posted until such time as the contract is awarded by the city or the solicitation is cancelled, all bidders, offerors, respondents, including their employees, representatives, and other individuals acting on their behalf, shall be prohibited from lobbying city officers, city employees, and evaluation committee members. Violation of this section may result in rejection/disqualification from award of the contract arising out of the competitive solicitation. All questions regarding the competitive solicitation must be directed to the procurement manager or designee, who will respond in writing and post such response to ensure that all respondents receive the same information during the No-Contact Period. The penalty for violating the No-Contact Period may include suspension or debarment. i.10 COMMENCEMENT OF WORK. If bidder begins any billable work prior to the City’s final approval and execution of the contract, bidder does so at its own risk. i.11 RESPONSIBILITY TO READ AND UNDERSTAND. Failure to read, examine and understand the solicitation will not excuse any failure to comply with the requirements of the solicitation or any resulting contract, nor shall such failure be a basis for claiming additional compensation. If a vendor suspects an error, omission or discrepancy in this solicitation, the vendor must immediately and in INSTRUCTIONS Citywide Vehicle Upfitting Services 4 ITB #18-24 any case not later than seven (7) business days in advance of the due date notify the contact on page one (1). The City is not responsible for and will not pay any costs associated with the preparation and submission of the bid. Bidders are cautioned to verify their bids before submission, as amendments to or withdrawal of bids submitted after time specified for opening of bids may not be considered. The City will not be responsible for any bidder errors or omissions. i.12 FORM AND CONTENT OF BIDS. Unless otherwise instructed or allowed, bids shall be submitted on the forms provided. An original and the designated number of copies of each bid are required. Bids, including modifications, must be submitted in ink, typed, or printed form and signed by an authorized representative. Please line through and initial rather than erase changes. If the bid is not properly signed or if any changes are not initialed, it may be considered non-responsive. In the event of a disparity between the unit price and the extended price, the unit price shall prevail unless obviously in error, as determined by the City. The City may require that an electronic copy of the bid be submitted. The bid must provide all information requested and must address all points. The City does not encourage exceptions. The City is not required to grant exceptions and depending on the exception, the City may reject the bid. i.13 SPECIFICATIONS. Technical specifications define the minimum acceptable standard. When the specification calls for “Brand Name or Equal,” the brand name product is acceptable. Alternates will be considered upon demonstrating the other product meets stated specifications and is equivalent to the brand product in terms of quality, performance and desired characteristics. Minor differences that do not affect the suitability of the supply or service for the City’s needs may be accepted. Burden of proof that the product meets the minimum standards or is equal to the brand name, product, is on the bidder. The City reserves the right to reject bids that the City deems unacceptable. i.14 MODIFICATION / WITHDRAWAL OF BID. Written requests to modify or withdraw the bid received by the City prior to the scheduled opening time will be accepted and will be corrected after opening. No oral requests will be allowed. Requests must be addressed and labeled in the same manner as the bid and marked as a MODIFICATION or WITHDRAWAL of the bid. Requests for withdrawal after the bid opening will only be granted upon proof of undue hardship and may result in the forfeiture of any bid security. Any withdrawal after the bid opening shall be allowed solely at the City’s discretion. i.15 DEBARMENT DISCLOSURE. If the vendor submitting this bid has been debarred, suspended, or otherwise lawfully precluded from participating in any public procurement activity, including being disapproved as a subcontractor with any federal, state, or local government, or if any such preclusion from participation from any public procurement activity is currently pending, the bidder shall include a letter with its bid identifying the name and address of the governmental unit, the effective date of this suspension or debarment, the duration of the suspension or debarment, and the relevant circumstances relating the suspension or debarment. i.16 RESERVATIONS. The City reserves the right to reject any or all bids or any part thereof; to rebid the solicitation; to reject non-responsive or non-responsible bids; to reject unbalanced bids; to reject bids where the terms, prices, and/or awards are conditioned upon another event; to reject individual bids for failure to meet any requirement; to award by item, part or portion of an item, group of items, or total; to make multiple awards; to waive minor irregularities, defects, omissions, technicalities or form errors in any bid. The City may seek clarification of the bid from bidder at any time, and failure to respond is cause for rejection. Submission of a bid confers on bidder no right to an award or to a subsequent contract. The City is charged by its Charter to make an award that is in the best interest of the City. All decisions on compliance, evaluation, terms and conditions shall be made solely at the City’s discretion and made to favor the City. No binding contract will exist between the bidder and the City until the City executes a written contract or purchase order. INSTRUCTIONS Citywide Vehicle Upfitting Services 5 ITB #18-24 i.17 OFFICIAL SOLICITATION DOCUMENT. Changes to the solicitation document made by a bidder may not be acknowledged or accepted by the City. Award or execution of a contract does not constitute acceptance of a changed term, condition or specification unless specifically acknowledged and agreed to by the City. The copy maintained and published by the City shall be the official solicitation document. i.18 COPYING OF BIDS. Bidder hereby grants the City permission to copy all parts of its bid, including without limitation any documents and/or materials copyrighted by the bidder. The City’s right to copy shall be for internal use in evaluating the proposal. i.19 CONTRACTOR ETHICS. It is the policy of the City to promote courtesy, fairness, impartiality, integrity, service, professionalism, economy, and government by law in the Procurement process. The responsibility for implementing this policy rests with each individual who participates in the Procurement process, including Respondents and Contractors. To achieve the purpose of this Article, it is essential that Respondents and Contractors doing business with the City also observe the ethical standards prescribed herein. It shall be a breach of ethical standards to: a. Exert any effort to influence any City employee or agent to breach the standards of ethical conduct. b. Intentionally invoice any amount greater than provided in Contract or to invoice for Materials or Services not provided. c. Intentionally offer or provide sub-standard Materials or Services or to intentionally not comply with any term, condition, specification or other requirement of a City Contract. i.20 GIFTS. The City will accept no gifts, gratuities or advertising products from bidders or prospective bidders and affiliates. The City may request product samples from vendors for product evaluation. i.21 RIGHT TO PROTEST. Pursuant to Section 2.562(3), Clearwater Code of Ordinances, a bidder who submitted a response to a competitive solicitation and was not selected may appeal the decision through the bid protest procedures, a copy of which shall be available in the Procurement Division. A protesting bidder must include a fee of one percent of the amount of the bid or proposed contract to offset the City’s additional expenses related to the protest. This fee shall not exceed $5,000.00 nor be less than $50.00. Full refund will be provided should the protest be upheld. No partial refunds will be made. ADDRESS PROTESTS TO: City of Clearwater – Procurement Division 100 S Myrtle Ave, 3rd Fl Clearwater FL 33756-5520 or PO Box 4748 Clearwater FL 33758-4748 INSTRUCTIONS – EVALUATION Citywide Vehicle Upfitting Services 6 ITB #18-24 i.22 EVALUATION PROCESS. Bids will be reviewed by the Procurement Division and representative(s) of the respective department(s). The City staff may or may not initiate discussions with bidders for clarification purposes. Clarification is not an opportunity to change the bid. Bidders shall not initiate discussions with any City employee or official. 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. i.23 PRESENTATIONS/INTERVIEWS. The bidder must provide a formal presentation/interview upon request. i.24 CRITERIA FOR EVALUATION AND AWARD. The City evaluates three (3) categories of information: responsiveness, responsibility, and price. All bids must meet the following responsiveness and responsibility criteria to be considered further. a) Responsiveness. The City will determine whether the bid complies with the instructions for submitting bids including completeness of bid which encompasses the inclusion of all required attachments and submissions. The City must reject any bids that are submitted late. Failure to meet other requirements may result in rejection. b) Responsibility. The City will determine whether the bidder is one with whom it can or should do business. Factors that the City may evaluate to determine "responsibility" include, but are not limited to: excessively high or low priced bids, past performance, references (including those found outside the bid), compliance with applicable laws-including tax laws, bidder's record of performance and integrity - e.g. has the bidder been delinquent or unfaithful to any contract with the City, whether the bidder is qualified legally to contract with the City, financial stability and the perceived ability to perform completely as specified. A bidder must at all times have financial resources sufficient, in the opinion of the City, to ensure performance of the contract and must provide proof upon request. City staff may also use Dun & Bradstreet and/or any generally available industry information. The City reserves the right to inspect and review bidder’s facilities, equipment and personnel and those of any identified subcontractors. The City will determine whether any failure to supply information, or the quality of the information, will result in rejection. c) Price. We will then evaluate the bids that have met the requirements above. i.25 COST JUSTIFICATION. In the event only one response is received, the City may require that the bidder submit a cost proposal in sufficient detail for the City to perform a cost/price analysis to determine if the bid price is fair and reasonable. i.26 CONTRACT NEGOTIATIONS AND ACCEPTANCE. Bidder must be prepared for the City to accept the bid as submitted. If bidder fails to sign all documents necessary to successfully execute the final contract within a reasonable time as specified, or negotiations do not result in an acceptable agreement, the City may reject bid or revoke the award, and may begin negotiations with another bidder. Final contract terms must be approved or signed by the appropriately authorized City official(s). No binding contract will exist between the bidder and the City until the City executes a written contract or purchase order. i.27 NOTICE OF INTENT TO AWARD. Notices of the City’s intent to award a Contract are posted to Purchasing’s website. It is the bidder’s responsibility to check the City of Clearwater’s website at https://www.myclearwater.com/business/rfp to view relevant bid information and notices. i.28 BID TIMELINE. Dates are tentative and subject to change. Release ITB: January 24, 2024 Advertise Tampa Bay Times: January 24, 2024 Bids due: February 27, 2024 Review bids: February 27, 2024 – March 15, 2024 Award recommendation: March 15, 2024 Council authorization: April 2024 Contract begins: April 2024 STANDARD TERMS AND CONDITIONS Citywide Vehicle Upfitting Services 7 ITB #18-24 S.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”. S.2 INDEPENDENT CONTRACTOR. It is expressly understood that the relationship of Contractor to the City will be that of an independent contractor. Contractor and all persons employed by Contractor, either directly or indirectly, are Contractor’s employees, not City employees. Accordingly, Contractor and Contractor’s employees are not entitled to any benefits provided to City employees including, but not limited to, health benefits, enrollment in a retirement system, paid time off or other rights afforded City employees. Contractor employees will not be regarded as City employees or agents for any purpose, including the payment of unemployment or workers’ compensation. If any Contractor employees or subcontractors assert a claim for wages or other employment benefits against the City, Contractor will defend, indemnify and hold harmless the City from all such claims. S.3 SUBCONTRACTING. Contractor may not subcontract work under this Agreement without the express written permission of the City. If Contractor has received authorization to subcontract work, it is agreed that all subcontractors performing work under the Agreement must comply with its provisions. Further, all agreements between Contractor and its subcontractors must provide that the terms and conditions of this Agreement be incorporated therein. S.4 ASSIGNMENT. This Agreement may not be assigned either in whole or in part without first receiving the City’s written consent. Any attempted assignment, either in whole or in part, without such consent will be null and void and in such event the City will have the right at its option to terminate the Agreement. No granting of consent to any assignment will relieve Contractor from any of its obligations and liabilities under the Agreement. S.5 SUCCESSORS AND ASSIGNS, BINDING EFFECT. This Agreement will be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns. S.6 NO THIRD PARTY BENEFICIARIES. This Agreement is intended for the exclusive benefit of the parties. Nothing set forth in this Agreement is intended to create, or will create, any benefits, rights, or responsibilities in any third parties. S.7 NON- EXCLUSIVITY. The City, in its sole discretion, reserves the right to request the materials or services set forth herein from other sources when deemed necessary and appropriate. No exclusive rights are encompassed through this Agreement. S.8 AMENDMENTS. There will be no oral changes to this Agreement. This Agreement can only be modified in a writing signed by both parties. No charge for extra work or material will be allowed unless approved in writing, in advance, by the City and Contractor. S.9 TIME OF THE ESSENCE. Time is of the essence to the performance of the parties’ obligations under this Agreement. S.10 COMPLIANCE WITH APPLICABLE LAWS. a. General. Contractor must procure all permits and licenses, and pay all charges and fees necessary and incidental to the lawful conduct of business. Contractor must stay fully informed of existing and future federal, state, and local laws, ordinances, 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. STANDARD TERMS AND CONDITIONS Citywide Vehicle Upfitting Services 8 ITB #18-24 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. (i) As applicable to Contractor, under this provision, Contractor hereby warrants to the City that Contractor and each of its subcontractors will comply with, and are contractually obligated to comply with, all federal immigration laws and regulations that relate to their employees (hereinafter “Contractor Immigration Warranty”). (ii) A breach of the Contractor Immigration Warranty will constitute as a material breach of this Agreement and will subject Contractor to penalties up to and including termination of this Agreement at the sole discretion of the City. (iii) The City retains the legal right to inspect the papers of all Contractor personnel who provide services under this Agreement to ensure that Contractor or its subcontractors are complying with the Contractor Immigration Warranty. Contractor agrees to assist the City in regard to any such inspections. (iv) The City may, at its sole discretion, conduct random verification of the employment records of Contractor and any subcontractor to ensure compliance with the Contractor Immigration Warranty. Contractor agrees to assist the City in regard to any random verification performed. (v) Neither Contractor nor any subcontractor will be deemed to have materially breached the Contractor Immigration Warranty if Contractor or subcontractor establishes that it has complied with the employment verification provisions prescribed by Sections 274A and 274B of the Federal Immigration and Nationality Act. d. Nondiscrimination. Contractor represents and warrants that it does not discriminate against any employee or applicant for employment or person to whom it provides services because of race, color, religion, sex, national origin, or disability, and represents and warrants that it complies with all applicable federal, state, and local laws and executive orders regarding employment. Contractor and Contractor’s personnel will comply with applicable provisions of Title VII of the U.S. Civil Rights Act of 1964, as amended, Section 504 of the Federal Rehabilitation Act, the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.), and applicable rules in performance under this Agreement. S.11 SALES/USE TAX, OTHER TAXES. Contractor is responsible for the payment of all taxes including federal, state, and local taxes related to or arising out of Contractor’s services under this Agreement, including by way of illustration but not limitation, federal and state income tax, Social Security tax, unemployment insurance taxes, and any other taxes or business license fees as required. If any taxing authority should deem Contractor or Contractor employees an employee of the City or should otherwise claim the City is liable for the payment of taxes that are Contractor’s responsibility under this Agreement, Contractor will indemnify the City for any tax liability, interest, and penalties imposed upon the City. The City is exempt from paying state and local sales/use taxes and certain federal excise taxes and will furnish an exemption certificate upon request. STANDARD TERMS AND CONDITIONS Citywide Vehicle Upfitting Services 9 ITB #18-24 S.12 AMOUNTS DUE THE CITY. Contractor must be current and remain current in all obligations due to the City during the performance of services under the Agreement. Payments to Contractor may be offset by any delinquent amounts due the City or fees and charges owed to the City. S.13 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: 727-562-4092 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. 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: STANDARD TERMS AND CONDITIONS Citywide Vehicle Upfitting Services 10 ITB #18-24 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. S.14 AUDITS AND RECORDS. Contractor must preserve the records related to this Agreement for five (5) years after completion of the Agreement. The City or its authorized agent reserves the right to inspect any records related to the performance of work specified herein. In addition, the City may inspect any and all payroll, billing or other relevant records kept by Contractor in relation to the Agreement. Contractor will permit such inspections and audits during normal business hours and upon reasonable notice by the City. The audit of records may occur at Contractor’s place of business or at City offices, as determined by the City. S.15 BACKGROUND CHECK. The City may conduct criminal, driver history, and all other requested background checks of Contractor personnel who would perform services under the Agreement or who will have access to the City’s information, data, or facilities in accordance with the City’s current background check policies. Any officer, employee, or agent that fails the background check must be replaced immediately for any reasonable cause not prohibited by law. S.16 SECURITY CLEARANCE AND REMOVAL OF CONTRACTOR PERSONNEL. The City will have final authority, based on security reasons: (i) to determine when security clearance of Contractor personnel is required; (ii) to determine the nature of the security clearance, up to and including fingerprinting Contractor personnel; and (iii) to determine whether or not any individual or entity may provide services under this Agreement. If the City objects to any Contractor personnel for any reasonable cause not prohibited by law, then Contractor will, upon notice from the City, remove any such individual from performance of services under this Agreement. S.17 DEFAULT. a. A party will be in default if that party: (i) is or becomes insolvent or is a party to any voluntary bankruptcy or receivership proceeding, makes an assignment for a creditor, or there is any similar action that affects Contractor’s capability to perform under the Agreement; (ii) is the subject of a petition for involuntary bankruptcy not removed within sixty (60) calendar days; (iii) conducts business in an unethical manner or in an illegal manner; or (iv) fails to carry out any term, promise, or condition of the Agreement. b. Contractor will be in default of this Agreement if Contractor is debarred 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 STANDARD TERMS AND CONDITIONS Citywide Vehicle Upfitting Services 11 ITB #18-24 calculated to provide notice of the nature and extent of such default. Failure of the non- defaulting party to provide notice of the default does not waive any rights under the Agreement. d. Anticipatory Repudiation. Whenever the City in good faith has reason to question Contractor’s intent or ability to perform, the City may demand that Contractor give a written assurance of its intent and ability to perform. In the event that the demand is made and no written assurance is given within five (5) calendar days, the City may treat this failure as an anticipatory repudiation of the Agreement. S.18 REMEDIES. The remedies set forth in this Agreement are not exclusive. Election of one remedy will not preclude the use of other remedies. In the event of default: a. The non-defaulting party may terminate the Agreement, and the termination will be effective immediately or at such other date as specified by the terminating party. b. The City may purchase the services required under the Agreement from the open market, complete required work itself, or have it completed at the expense of Contractor. If the cost of obtaining substitute services exceeds the contract price, the City may recover the excess cost by: (i) requiring immediate reimbursement to the City; (ii) deduction from an unpaid balance due to Contractor; (iii) collection against the proposal and/or performance security, if any; (iv) collection against liquidated damages (if applicable); or (v) a combination of the aforementioned remedies or other remedies as provided by law. Costs includes any and all, fees, and expenses incurred in obtaining substitute services and expended in obtaining reimbursement, including, but not limited to, administrative expenses, attorneys’ fees, and costs. c. The non-defaulting party will have all other rights granted under this Agreement and all rights at law or in equity that may be available to it. d. Neither party will be liable for incidental, special, or consequential damages. S.19 CONTINUATION DURING DISPUTES. Contractor agrees that during any dispute between the parties, Contractor will continue to perform its obligations until the dispute is settled, instructed to cease performance by the City, enjoined or prohibited by judicial action, or otherwise required or obligated to cease performance by other provisions in this Agreement. S.20 TERMINATION FOR CONVENIENCE. The City reserves the right to terminate this Agreement at its convenience, in part or in whole, upon thirty (30) calendar days’ written notice. S.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. S.22 TERMINATION FOR NON-APPROPRIATION AND MODIFICATION FOR BUDGETARY CONSTRAINT. The City is a governmental agency which relies upon the appropriation of funds by its governing body to satisfy its obligations. If the City reasonably determines, 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. S.23 PAYMENT TO CONTRACTOR UPON TERMINATION. Upon termination of this Agreement, Contractor will be entitled only to payment for those services performed up to the date of termination, and any authorized expenses already incurred up to such date of termination. The City will make final payment within thirty (30) calendar days after the City has both completed its appraisal of the materials and services provided and received Contractor’s properly prepared final invoice. STANDARD TERMS AND CONDITIONS Citywide Vehicle Upfitting Services 12 ITB #18-24 S.24 NON-WAIVER OF RIGHTS. There will be no waiver of any provision of this Agreement unless approved in writing and signed by the waiving party. Failure or delay to exercise any rights or remedies provided herein or by law or in equity, or the acceptance of, or payment for, any services hereunder, will not release the other party of any of the warranties or other obligations of the Agreement and will not be deemed a waiver of any such rights or remedies. S.25 INDEMNIFICATION/LIABILITY. a. To the fullest extent permitted by law, Contractor agrees to defend, indemnify, and hold the City, its officers, agents, and employees, harmless from and against any and all liabilities, demands, claims, suits, losses, damages, causes of action, fines or judgments, including costs, attorneys’, witnesses’, and expert witnesses’ fees, and expenses incident thereto, relating to, arising out of, or resulting from: (i) the services provided by Contractor personnel under this Agreement; (ii) any negligent acts, errors, mistakes or omissions by Contractor or Contractor personnel; and (iii) Contractor or Contractor personnel’s failure to comply with or fulfill the obligations established by this Agreement. 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. S.26 WARRANTY. Contractor warrants that the services and materials will conform to the requirements of the Agreement. Additionally, Contractor warrants that all services will be performed in a good, workman-like, and professional manner. The City’s acceptance of service or materials provided by Contractor will not relieve Contractor from its obligations under this warranty. If any materials or services are of a substandard or unsatisfactory manner as determined by the City, Contractor, at no additional charge to the City, will provide materials or redo such services until in accordance with this Agreement and to the City’s reasonable satisfaction. Unless otherwise agreed, Contractor warrants that materials will be new, unused, of most current manufacture and not discontinued, will be free of defects in materials and workmanship, will be provided in accordance with manufacturer's standard warranty for at least one (1) year unless otherwise specified, and will perform in accordance with manufacturer's published specifications. If applicable, this paragraph shall be construed in harmony with F. S. § 725.06. S.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. S.28 NO GUARANTEE OF WORK. Contractor acknowledges and agrees that it is not entitled to deliver any specific amount of materials or services or any materials or services at all under this Agreement and acknowledges and agrees that the materials or services will be requested by the City on an as needed basis at the sole discretion of the City. Any document referencing quantities or performance frequencies represent the City's best estimate of current requirements, but will not bind the City to purchase, accept, or pay for materials or services which exceed its actual needs. S.29 OWNERSHIP. All deliverables, services, and information provided by Contractor or the City pursuant to this Agreement (whether electronically or manually generated) including without limitation, reports, test plans, and survey results, graphics, and technical tables, originally prepared STANDARD TERMS AND CONDITIONS Citywide Vehicle Upfitting Services 13 ITB #18-24 in the performance of this Agreement, are the property of the City and will not be used or released by Contractor or any other person except with prior written permission by the City. S.30 USE OF NAME. Contractor will not use the name of the City of Clearwater in any advertising or publicity without obtaining the prior written consent of the City. S.31 FOB DESTINATION FREIGHT PREPAID AND ALLOWED. All deliveries will be FOB destination freight prepaid and allowed unless otherwise agreed. S.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. S.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. S.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. S.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. S.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). S.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. STANDARD TERMS AND CONDITIONS Citywide Vehicle Upfitting Services 14 ITB #18-24 S.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. S.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. S.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. S.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. S.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. S.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. S.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. S.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 Citywide Vehicle Upfitting Services 15 ITB #18-24 1. INTRODUCTION. The City of Clearwater (City) is a coastal community on the West Coast of Florida and the third largest city in the Tampa Bay region with an estimated 118,904 residents. Clearwater Beach is an international tourist destination that brings millions of tourists to Pinellas County annually and was selected as the “Number One Beach in America” in the 2018 and 2019 TripAdvisor Travelers’ Choice Awards and regularly ranks as a top vacation destination in both domestic and international publications. An ideal year-round destination for travelers of all ages and interests, Clearwater boasts miles of pristine “sugar sand” beaches, provides a wide variety of casual and fine dining options, and is home to Philadelphia Phillies Spring Training and Clearwater Threshers Minor League Baseball. Clearwater Marine Aquarium remains a consistent draw for visitors and is nationally recognized for its groundbreaking work in marine rescue, rehabilitation, and release. The City of Clearwater is committed to ensuring that we have a sustainable city through green measures focusing on our economy, environment, and community. 2. SCOPE OF WORK. The successful Vendor shall be responsible for the procurement, installation and/or fabrication of various equipment and accessories on City vehicles. These items include, but are not limited to lighting, consoles, controllers, brackets, outlets, tool holders, pipe racks, pipe tie- down systems, water cooler holders, toolboxes, and vise grips. The Vendor shall be able to perform the required work in a professional, efficient, and consistent manner. 3. GENERAL REQUIREMENTS. • Vendor shall have the proper facilities to provide required services, and such facilities must be secure, preferably fenced including security features, including 24/7 camera monitoring while City vehicles are on premises. • Vendor shall have a full-service shop located in Pinellas County, Florida. • The Vendor shall have the ability to complete vehicles on an as needed basis, within a maximum of three (3) weeks turnaround time or as mutually agreed upon. • The Vendor shall coordinate an initial consult with City representative(s) for the purpose of planning the layout/location of equipment and the organization of wiring, switches, mountings, etc. • The Vendor shall facilitate the review and approval of the vehicles completed, as requested by the City. • Vendor shall be an authorized Whelen distributor and repair center and provide documentation with bid submittal as such. 3.1 Invoicing and Payment • Vendor’s quoted pricing and invoicing must match. All invoices shall contain an invoice number, City’s vehicle number (G#), vehicle description, purchase order/contract number and location of work. Payment may be delayed if information is insufficient. All invoices shall be itemized, to include but not limited to, parts, fabrication, installation and shipping/freight, in adequate detail to allow the City representative to understand all tasks that have been performed. No payment will be made in excess of the actual work completed by the Vendor. DETAILED SPECIFICATIONS Citywide Vehicle Upfitting Services 16 ITB #18-24 3.2 Warranty and Guarantee • Vendor is required to have the ability to procure and install the specified equipment so that applicable warranties are not voided or made ineligible. • The successful vendor warrants the materials, labor, and the work performed under this contract to conform to warranty materials and workmanship provided for a period of one (1) year from date of invoicing. • Standard Whelen products shall be covered by their direct warranty for up to a maximum of two (2) years. Whelen LED Lightheads and Flashers shall be covered by their five (5) year warranty. • It shall be the responsibility of the Vendor to verify all factory warranties. • Vendor shall complete warranty repair work within twenty-four (24) hours of vehicle drop-off. • At a minimum, the successful vendor shall upon receipt of notification of product or installation issues, have the vehicle inspected within forty-eight (48) hours at Vendor’s facility and repaired within forty-eight (48) hours at no additional cost to the City. • All work shall be guaranteed against any defect due to faulty material and/or workmanship. Replacement of defective parts and performance of additional labor shall be done by the Vendor at no additional cost to the City. • Vendor shall submit a warranty statement for all workmanship and equipment with their bid submittal. 3.3 City’s Responsibility • A City representative shall contact the Vendor on an as-needed basis to receive a quote on required products/services. Once a quote has been approved by City representative, work may commence by the Vendor. • A City representative shall make arrangements for vehicle drop-off and pick-up at the Vendor’s facility. 4. MINIMUM QUALIFICATIONS. References. Three (3) references are required for whom the Vendor has performed similar work, preferably for a public agency of similar size, preferably in the Tampa Bay region in the last five (5) years. Equipment Manufacturer Qualifications. The Vendor shall submit with their bid submittal any equipment manufacturer qualifications (i.e. certified installer, distributor, etc.). 5. INSURANCE REQUIREMENTS. The Vendor shall, at its own cost and expense, acquire and maintain (and cause any subcontractors, representatives or agents to acquire and maintain) during the term with the City, sufficient insurance to adequately protect the respective interest of the parties. Coverage shall be obtained with a carrier having an AM Best Rating of A-VII or better. In addition, the City has the right to review the Contractor’s deductible or self-insured retention and to require that it be reduced or eliminated. Specifically the Vendor must carry the following minimum types and amounts of insurance on an occurrence basis or in the case of coverage that cannot be obtained on an occurrence basis, then coverage can be obtained on a claims-made basis with a minimum three (3) year tail following the termination or expiration of this Agreement: DETAILED SPECIFICATIONS Citywide Vehicle Upfitting Services 17 ITB #18-24 a. Commercial General Liability Insurance coverage, including but not limited to, premises operations, products/completed operations, products liability, contractual liability, advertising injury, personal injury, death, and property damage in the minimum amount of $1,000,000 (one million dollars) per occurrence and $2,000,000 (two million dollars) general aggregate. b. Commercial Automobile Liability Insurance coverage for any owned, non-owned, hired or borrowed automobile is required in the minimum amount of $1,000,000 (one million dollars) combined single limit. c. Garage Keeper’s Liability Insurance coverage, including but not limited to, damages such as bodily injury, property damage, and pollution costs and expenses in the minimum amount of $1,000,000 (one million dollars) per occurrence. d. Unless waived by the State of Florida and proof of waiver is provided to the City, statutory Workers’ Compensation Insurance coverage in accordance with the laws of the State of Florida, and Employer’s Liability Insurance in the minimum amount of $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. The above insurance limits may be achieved by a combination of primary and umbrella/excess liability policies. Other Insurance Provisions. a. Prior to the execution of this Agreement, and then annually upon the anniversary date(s) of the insurance policy’s renewal date(s) for as long as this Agreement remains in effect, the Vendor will furnish the City with a Certificate of Insurance(s) (using appropriate ACORD certificate, SIGNED by the Issuer, and with applicable endorsements) evidencing all of the coverage set forth above and naming the City as an “Additional Insured” on the Commercial General Liability Insurance and the Commercial Automobile Liability Insurance. In addition when requested in writing from the City, Vendor will provide the City with certified copies of all applicable policies. The address where such certificates and certified policies shall be sent or delivered is as follows: City of Clearwater Attn: Procurement Division, ITB #18-24 P.O. Box 4748 Clearwater, FL 33758-4748 b. Vendor shall provide thirty (30) days written notice of any cancellation, non-renewal, termination, material change or reduction in coverage. c. Vendor’s insurance as outlined above shall be primary and non-contributory coverage for Vendor’s negligence. d. Vendor reserves the right to appoint legal counsel to provide for the Vendor’s defense, for any and all claims that may arise related to Agreement, work performed under this Agreement, or to Vendor’s design, equipment, or service. Vendor agrees that the City shall not be liable to reimburse Vendor for any legal fees or costs as a result of Vendor providing its defense as contemplated herein. DETAILED SPECIFICATIONS Citywide Vehicle Upfitting Services 18 ITB #18-24 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. BID SUBMISSIONS Citywide Vehicle Upfitting Services 19 ITB #18-24 1. BEGINNING AND END DATE OF INITIAL TERM. April 2024 through March 2025. If the commencement of performance is delayed because the City does not execute the contract on the start date, the City may adjust the start date, end date and milestones to reflect the delayed execution. 2. EXTENSION. The City reserves the right to extend the term of this contract, provided however, that the City shall give written notice of its intentions to extend this contract no later than thirty (30) days prior to the expiration date of the contract. 3. RENEWAL. At the end of the initial term of this contract, the City may initiate renewal(s) as provided. The decision to renew a contract rest solely with the City. The City will give written notice of its intention to renew the contract no later than thirty (30) days prior to the expiration. Two (2), one (1) year renewals is possible at the City’s option. 4. PRICES. All pricing shall be firm for the initial term of one (1) year, except where otherwise provided by the specifications, and include all transportation, insurance and warranty costs. The City shall not be invoiced at prices higher than those stated in any contract resulting from this bid. The Contractor certifies that the prices offered are no higher than the lowest price the Contractor charges other buyers for similar quantities under similar conditions. The Contractor further agrees that any reductions in the price of the goods or services covered by this bid and occurring after award will apply to the undelivered balance. The Contractor shall promptly notify the City of such price reductions. During the sixty (60) day period prior to each annual anniversary of the contract effective date, the Contractor may submit a written request that the City increase the prices and such adjustment will be considered and approval for such will not exceed the percentage change in the US Department of Labor Consumer Price Index (CPI-U) for All Urban Consumers, All Items, 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. At the end of the initial term, pricing may be adjusted for amounts other than inflation based on mutual agreement of the parties after review of appropriate documentation. Renewal prices shall be firm for at least one year and may be adjusted thereafter as outlined in the previous paragraph. No fuel surcharges will be accepted. BID SUBMISSIONS Citywide Vehicle Upfitting Services 20 ITB #18-24 1. BID SUBMISSION. It is recommended that bids be submitted electronically through our bids website at https://www.myclearwater.com/business/rfp For bids mailed and/or hand-delivered, bidder must submit one (1) signed original bid and one (1) electronic format on a CD or Thumb Drive, in a sealed container using label provided at the end of this solicitation. 2. BIDDER RESPONSE CHECKLIST. This checklist is provided for your convenience. It is not necessary to return a copy of this solicitation’s Instructions, Terms and Conditions, or Detailed Specifications with your bid response. Only submit the requested forms and any other requested or descriptive literature. Original and proper number of copies with electronic format (if requested) Bid container properly labeled Bid pricing form Completed Exhibit A – Schedule of Prices Exceptions/Additional Materials/Addenda form Vendor Information form Scrutinized Companies form(s) as required E-Verify Eligibility form as required Offer Certification form Minimum of three customer (3) references Warranty Statement on all workmanship and equipment Verification of authorized Whelen distributor Any equipment manufacturer qualifications (i.e. certified installer, distributor, etc.) W-9 Form to be provided by Bidder (http://www.irs.gov/pub/irs-pdf/fw9.pdf) BID PRICING Citywide Vehicle Upfitting Services 21 ITB #18-24 Pursuant to all the contract specifications enumerated and described in this solicitation, we agree to furnish Vehicle Upfitting Services to the City of Clearwater at the price(s) stated on Exhibit A - Bid Pricing Form. Pricing shall include all parts, labor, fabrication/installation, insurance, and warranty costs, as stated in the solicitation document. Shipping charges shall be billed separately. DELIVERY REQUIREMENTS FOB: Destination, Freight Prepaid and Allowed Freight Costs: Unit prices should include all freight and transportation charges PAYMENT TERMS: • City of Clearwater’s standard payment terms are NET30 • Electronic Funds Transfer (EFT) / Automated Clearing House (ACH Vendor: _________________________________________ Date: _______________________________ EXCEPTIONS/ADDITIONAL MATERIALS/ADDENDA Citywide Vehicle Upfitting Services 22 ITB #18-24 Bidders shall indicate any and all exceptions taken to the provisions or specifications in this solicitation document. Exceptions that surface elsewhere and that do not also appear under this section shall be considered invalid and void and of no contractual significance. Exceptions (mark one): Note – Any material exceptions taken to the City’s Standard Terms and Conditions will render a Bid Non-responsive. No exceptions Exceptions taken (describe--attach additional pages if needed) Additional Materials submitted (mark one): No additional materials have been included with this bid Additional Materials attached (describe--attach additional pages if needed) Addenda Bidders are responsible for verifying receipt of any addenda issued by checking the City’s website at http://www.myclearwater.com/business/bid-information/ prior to the bid opening. Failure to acknowledge any addenda issued may result in a response being deemed non-responsive. Acknowledgement of Receipt of Addenda (initial for each addenda received, if applicable): Addenda Number Initial to acknowledge receipt Vendor Name ____ Date: ____ VENDOR INFORMATION Citywide Vehicle Upfitting Services 23 ITB #18-24 Company Legal/Corporate Name: Doing Business As (if different than above): Address: City: State: Zip: - Phone: Fax: E-Mail Address: Website: DUNS # Remit to Address (if different than above): Order from Address (if different from above): Address: Address: City: State: Zip: City: State: Zip: Contact for Questions about this bid: Name: Fax: Phone: E-Mail Address: Day-to-Day Project Contact (if awarded): Name: Fax: Phone: E-Mail Address: Certified Small Business Certifying Agency: Certified Minority, Woman or Disadvantaged Business Enterprise Certifying Agency: Provide supporting documentation for your certification, if applicable. SCRUTINIZED COMPANIES FORM Citywide Vehicle Upfitting Services 24 ITB #18-24 SCRUTINIZED COMPANIES THAT BOYCOTT ISRAEL LIST CERTIFICATION FORM THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE BID/PROPOSAL. FAILURE TO SUBMIT THIS FORM AS REQUIRED MAY DEEM YOUR SUBMITTAL NONRESPONSIVE. The affiant, by virtue of the signature below, certifies that: 1. The vendor, company, individual, principal, subsidiary, affiliate, or owner is aware of the requirements of section 287.135, Florida Statutes, regarding companies on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel; and 2. The vendor, company, individual, principal, subsidiary, affiliate, or owner is eligible to participate in this solicitation and is not listed on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel; and 3. “Boycott Israel” or “boycott of Israel” means refusing to deal, terminating business activities, or taking other actions to limit commercial relations with Israel, or persons or entities doing business in Israel or in Israeli-controlled territories, in a discriminatory manner. A statement by a company that it is participating in a boycott of Israel, or that it has initiated a boycott in response to a request for a boycott of Israel or in compliance with, or in furtherance of, calls for a boycott of Israel, may be considered as evidence that a company is participating in a boycott of Israel; and 4. If awarded the Contract (or Agreement), the vendor, company, individual, principal, subsidiary, affiliate, or owner will immediately notify the City of Clearwater in writing, no later than five (5) calendar days after any of its principals are placed on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel. __________________________________________ Authorized Signature __________________________________________ Printed Name __________________________________________ Title __________________________________________ Name of Entity/Corporation STATE OF _____________________ COUNTY OF ___________________ The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization on, this _____ day of _________________, 20____, by ______________________________ (name of person whose signature is being notarized) as the ________________________ (title) of ______________________________________(name of corporation/entity), personally known ______, or produced _________________________ (type of identification) as identification, and who did/did not take an oath. ______________________________________ Notary Public ____________________________________ Printed Name My Commission Expires: __________________ NOTARY SEAL ABOVE SCRUTINIZED COMPANIES FORM Citywide Vehicle Upfitting Services 25 ITB #18-24 SCRUTINIZED COMPANIES AND BUSINESS OPERATIONS WITH CUBA AND SYRIA CERTIFICATION FORM IF YOUR BID/PROPOSAL IS $1,000,000 OR MORE, THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE BID/PROPOSAL. FAILURE TO SUBMIT THIS FORM AS REQUIRED MAY DEEM YOUR SUBMITTAL NONRESPONSIVE. The affiant, by virtue of the signature below, certifies that: 1. The vendor, company, individual, principal, subsidiary, affiliate, or owner is aware of the requirements of section 287.135, Florida Statutes, regarding companies on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaging in business operations in Cuba and Syria; and 2. The vendor, company, individual, principal, subsidiary, affiliate, or owner is eligible to participate in this solicitation and is not listed on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Sector List, or engaged in business operations in Cuba and Syria; and 3. Business Operations means, for purposes specifically related to Cuba or Syria, engaging in commerce in any form in Cuba or Syria, including, but not limited to, acquiring, developing, maintaining, owning, selling, possessing, leasing or operating equipment, facilities, personnel, products, services, personal property, real property, military equipment, or any other apparatus of business or commerce; and 4. If awarded the Contract (or Agreement), the vendor, company, individual, principal, subsidiary, affiliate, or owner will immediately notify the City of Clearwater in writing, no later than five (5) calendar days after any of its principals are placed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Sector List, or engaged in business operations in Cuba and Syria. __________________________________________ Authorized Signature __________________________________________ Printed Name __________________________________________ Title __________________________________________ Name of Entity/Corporation STATE OF _____________________ COUNTY OF ___________________ The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization on, this _____ day of _________________, 20____, by _______________________________ (name of person whose signature is being notarized) as the ________________________ (title) of ______________________________________(name of corporation/entity), personally known ______, or produced _________________________ (type of identification) as identification, and who did/did not take an oath. ______________________________________ _ Notary Public ____________________________________ Printed Name My Commission Expires: __________________ NOTARY SEAL ABOVE E-VERIFY ELIGIBILITY FORM Citywide Vehicle Upfitting Services 26 ITB #18-24 VERIFICATION OF EMPLOYMENT ELIGIBILITY FORM PER FLORIDA STATUTE 448.095, CONTRACTORS AND SUBCONTRACTORS MUST REGISTER WITH AND USE THE E-VERIFY SYSTEM TO VERIFY THE WORK AUTHORIZATION STATUS OF ALL NEWLY HIRED EMPLOYEES. THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE BID/PROPOSAL. FAILURE TO SUBMIT THIS FORM AS REQUIRED MAY DEEM YOUR SUBMITTAL NONRESPONSIVE. The affiant, by virtue of the signature below, certifies that: 1. The Contractor and its Subcontractors are aware of the requirements of Florida Statute 448.095. 2. The Contractor and its Subcontractors are registered with and using the E-Verify system to verify the work authorization status of newly hired employees. 3. The Contractor will not enter into a contract with any Subcontractor unless each party to the contract registers with and uses the E-Verify system. 4. The Subcontractor will provide the Contractor with an affidavit stating that the Subcontractor does not employ, contract with, or subcontract with unauthorized alien. 5. The Contractor must maintain a copy of such affidavit. 6. The City may terminate this Contract on the good faith belief that the Contractor or its Subcontractors knowingly violated Florida Statutes 448.09(1) or 448.095(2)(c). 7. If this Contract is terminated pursuant to Florida Statute 448.095(2)(c), the Contractor may not be awarded a public contract for at least 1 year after the date on which this Contract was terminated. 8. The Contractor is liable for any additional cost incurred by the City as a result of the termination of this Contract. __________________________________________ Authorized Signature __________________________________________ Printed Name __________________________________________ Title __________________________________________ Name of Entity/Corporation STATE OF _____________________ COUNTY OF ___________________ The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization on, this _____ day of _________________, 20____, by _______________________________ (name of person whose signature is being notarized) as the ________________________ (title) of ______________________________________(name of corporation/entity), personally known ______, or produced _________________________ (type of identification) as identification, and who did/did not take an oath. ____________________________________ Notary Public ____________________________________ Printed Name My Commission Expires: __________________ NOTARY SEAL ABOVE OFFER CERTIFICATION By signing and submitting this Bid/Proposal/Qualification/Response, the Vendor certifies that: a) It is under no legal prohibition on contracting with the City of Clearwater. b) It has read, understands, and is in compliance with the specifications, terms and conditions stated herein, as well as its attachments, and any referenced documents. c) It has no known, undisclosed conflicts of interest. d) The prices offered were independently developed without consultation or collusion with any of the other 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. ACCEPTED AND AGREED TO: Company Name: Signature: Printed Name: Title: Date: REFERENCES Citywide Vehicle Upfitting Services 28 ITB #18-24 Instructions: Vendor shall provide with bid a minimum of three (3) customer references for which the vendor has recently performed similar services in the last five (5) years. Additional pages may be added, if needed. Complete and return with bid submittal. Reference # 1 Name: Contract Value: Date Began: Date Completed: Address City / State / Zip Contact Person: Email: Phone: Fax: Notes: Reference # 2 Name: Contract Value: Date Began: Date Completed: Address City / State / Zip Contact Person: Email: Phone: Fax: Notes: Reference # 3 Name: Contract Value: Date Began: Date Completed: Address City / State / Zip Contact Person: Email: Phone: Fax: Notes: Vendor Name Date: MAILING LABEL CUT ALONG THE LINE AND AFFIX TO THE FRONT OF YOUR BID CONTAINER Citywide Vehicle Upfitting Services 29 ITB #18-24 --------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------ SEALED BID Submitted by: Company Name: Address: City, State, Zip: ITB #18-24, Citywide Vehicle Upfitting Services Due Date: February 27, 2024, at 10:00 A.M. City of Clearwater Attn: Procurement PO Box 4748 Clearwater FL 33758-4748 --------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------ ---------------------------------------------- For Hand Deliveries, FEDEX, UPS or Other Courier Services ------------------------------------------------ SEALED BID Submitted by: Company Name: Address: City, State, Zip: ITB #18-24, Citywide Vehicle Upfitting Services Due Date: February 27, 2024, at 10:00 A.M. ---------------------------------------------- For Hand Deliveries, FEDEX, UPS or Other Courier Services ------------------------------------------------ City of Clearwater Attn: Procurement 100 S Myrtle Ave 3rd Fl Clearwater FL 33756-5520 ITB #18-24, VEHCILE UPFITTING SERVICES EXHIBIT A - BID PRICING SUMMARY VENDOR: Enforcement One Inc A. Public Utilities Ford F-350 B. Public Utilities Ford F-450 C. Public Utilities Ford Transit Vans D. Public Utilities Ford Ranger Trucks E. Public Utilities Ford Explorer F. Clearwater Gas System Ford F-150/F-250 Trucks G. Clearwater Gas System Ford F-350/F-450 Trucks H. Clearwater Gas Distribution F-450 Trucks I. Clearwater Gas Propane F-550 Trucks J. Parks & Recreation Ford F-350 Trucks K. Parks & Recreation Ford F-150 Trucks L. Parks & Recreation Big Tex Trailer M. Parks & Recreation Ford F250 Trucks N. Building & Maintenance Ford Transit Vans O. Traffic Engineering Ford Transit Vans P. Traffic Engineering Ford F-350 Trucks Q. Stormwater Ford F150 Trucks R. Stormwater Ford F250 Truck S. Fire Polaris Ranger T. Fire Ford Maverick U. Miscellaneous Install V. Miscellaneous Parts 25.00% 2,930.40$ 15,418.04$ 11,701.18$ 7,049.11$ 15,892.20$ 5,340.63$ 2,574.11$ 12,018.89$ 14,495.10$ 22,940.77$ 12,129.12$ 10,044.56$ 933.92$ 1,664.43$ 75.00$ 25.00% 10,044.56$ 10,833.68$ 22,451.60$ 7,716.63$ 4,266.90$ 4,266.88$ 1) Enforcement One Inc. 381 Roberts Rd Oldsmar, FL 34677 727-816-9833 ADVERTISED: TAMPA BAY TIMES 1/24/2024 POSTED:myclearwater.com 1/24/24-2/27/24 FOR THE CITY OF CLEARWATER Due/Opening: February 27, 2024; 10:00 a.m. INVITATION TO BID No. 18-24 Citywide Vehicle Upfitting Services Solicitation Response Listing March 6, 2024 NOTICE OF INTENT TO AWARD General Services and the Procurement Division recommend award of ITB No. 18-24, Citywide Vehicle Upfitting Services, to Enforcement One of Oldsmar, FL, the lowest most responsible bidder, in accordance with the bid specifications, in the estimated annual amount $250,000.00, for the term of one (1) year, with two (2), one (1) year renewal options. This Award recommendation will be considered by the City Council at the April 1, 2024, Work Session (1:30 p.m.) and voted on at the April 4, 2024, Council Meeting (6:00 p.m.). These meetings are held at Clearwater Main Library, at 100 N. Osceola Ave., Clearwater, FL 33755. Inquiries regarding this Intent to Award can be directed to the City’s Procurement Analyst at Kristina.Cook@myclearwater.com or mailed to City of Clearwater, Attn: Procurement Division, PO Box 4748, Clearwater, FL 33758-4748. Posted on this date by: Krissie Cook Krissie Cook Procurement Analyst Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#26-0070 Agenda Date: 2/19/2026 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Information Technology Agenda Number: 6.7 SUBJECT/RECOMMENDATION: Authorize a purchase order with APG Electric Inc, dba APG Technology (APG) for audio and video equipment, wireless equipment, supplies, and related services, in an amount not to exceed $950,000.00, for the period March 1, 2026 through May 31, 2028, pursuant to Clearwater Code of Ordinances Section 2.563(1)(c), Piggyback or Cooperative Purchasing, and authorize the appropriate officials to execute same. (consent) SUMMARY: APG services provide audio and video (AV) infrastructure and support for City presentations and training solutions across 62 city facilities. This infrastructure includes monitors, televisions, video walls, access points, switches, control systems, wiring and mounting equipment necessary for installations of AV and wireless solutions in support of departmental operations, as well as public wireless services at libraries and other public spaces. Projects anticipated during this contract period includes upgrades of aging video walls at the City’s Emergency Operations Center at Fire Station 48 and in the Police Department’s Real-Time Crime Center. Both systems are out of warranty and are more than six years old. Additional improvements are planned for Fire Station 45 and the District 3 Police Substation (Countryside). Wiring services are also anticipated to support the remodel of the Police Main Station located at 645 Pierce Street. APG Technology services and products are available through the Tips-USA Interlocal Purchasing System Contract 230105, Technology Solutions, Products, and Services (Department of Texas Region 8 Education Service Center) valid through May 31, 2028. Authorization to utilize this contract is requested. APPROPRIATION CODE AND AMOUNT: Funds are available in various departmental cost centers in object codes 550100 (Office Supplies), 550400 (Operating Supplies) and 550800 (Computer Parts), as well as various Capital Improvement Projects to fund these purchases. STRATEGIC PRIORITY: These purchases help achieve strategic objectives 1.2, 1.3, and 1.4 for High Performing Government. The Information Technology Department maintains critical public infrastructure to deliver sustain a high level of service to support a safe and healthy community. Page 1 City of Clearwater Printed on 2/18/2026 TIPS Vendor Agreement Page 1 TIPS VENDOR AGREEMENT TIPS RFP 230105 Technology Solutions, Products, and Services The following Vendor Agreement (“Agreement”) creates a legal agreement between The Interlocal Purchasing System (“TIPS”), a government purchasing cooperative and Department of Texas Region 8 Education Service Center and (INSERT ENTITY NAME): __________________________________________________________________________________________________ (ENTER ENTITY NAME] its owners, agents, subsidiaries, and affiliates (together, “Vendor”) (individually, “Party”, and collectively the “Parties”) and this agreement shall exclusively govern the contractual relationship (“Agreement”) between the Parties. TIPS, a governmental entity and a national purchasing cooperative seeks to provide a valuable and necessary solution to public entities and qualifying non-profits by performing the public procurement solicitation process and awarding compliant contracts to qualified vendors. Then, where the law of a customer’s jurisdiction allows, instead of public entities and qualifying non-profits expending time, money, and resources on the extensive public procurement process, the use of TIPS allows public entities to quickly select and purchase their preferred products or services from qualified, competitively evaluated vendors through cooperative purchasing. 1. Purpose. The purpose of this Agreement is to identify the terms and conditions of the relationship between TIPS and Vendor. Public entities and qualifying non-profits that properly join or utilize TIPS “(TIPS Members”) may elect to “piggyback” off of TIPS’ procurements and agreements where the laws of their jurisdiction allow. TIPS Members are not contractual parties to this Agreement although terms and conditions of this Agreement may ensure benefits to TIPS Members. 2. Authority. The Parties agree that the signatories below are individual authorized to enter into this Agreement on behalf of their entity and that they are acting under due and proper authority under applicable law. 3. Definitions. a. TIPS Pricing: The specific pricing, discounts, and other pricing terms and incentives which Vendor submitted and TIPS approved for each respective TIPS Contract awarded to Vendor and all permissible, subsequent pricing updates submitted by Vendor and accepted by TIPS, if any. b. Authorized Reseller: A reseller or dealer authorized and added by a Vendor through their online TIPS Vendor Portal to make TIPS sales according to the terms and conditions herein. 4. Entire Agreement. This Agreement resulted from TIPS posting a “TIPS Solicitation” (RFP, RCSP, RFQ, or other) and Vendor submitting a proposal in response to that posted TIPS Solicitation for evaluation and award. The Parties agree that this Agreement consists of the provisions set forth herein and: (1) The TIPS solicitation document resulting in this Agreement; (2) Any addenda or clarifications issued in relation to the TIPS solicitation; (3) All solicitation information provided to Vendor by TIPS through the TIPS eBid System; (3) Vendor’s entire proposal response to the TIPS solicitation including all accepted required attachments, acknowledged notices and certifications, accepted negotiated terms, pricing, accepted responses to questions, and accepted written clarifications of Vendor’s proposal, and; any properly included attachments to this Agreement. All documentation and information listed is hereby incorporated by reference as if set forth herein verbatim. In the event of conflict between the terms herein and one of the incorporated documents the terms and conditions herein shall control. 5. Vendor’s Specific Warranties, Terms, and License Agreements. Because TIPS serves public entities and non-profits throughout the nation all of which are subject to specific laws and policies of their jurisdiction, as a matter of standard practice, TIPS does not typically accept a Vendor’s specific “Sale Terms” (warranties, license agreements, master agreements, terms and conditions, etc.) on behalf of all TIPS Members. TIPS may permit Vendor to attach those to this Agreement to display to interested customers what terms may apply to their Supplemental Agreement with Vendor (if submitted by Vendor for that purpose). However, unless this term of the Agreement is negotiated and modified to state otherwise, those specific Sale Terms are not accepted by TIPS on behalf of all TIPS Members and each Member may choose whether to accept, negotiate, or reject those specific Sale Terms, which must be reflected in a separate agreement between Vendor and the Member in order to be effective. TIPS Vendor Agreement Page 2 6. Vendor Identity and Contact Information. It is Vendor’s sole responsibility to ensure that all identifying vendor information (name, EIN, d/b/a’s, etc.) and contact information is updated and current at all times within the TIPS eBid System and the TIPS Vendor Portal. It is Vendor’s sole responsibility to confirm that all e-correspondence issued from tips-usa.com, ionwave.net, and tipsconstruction.com to Vendor’s contacts are received and are not blocked by firewall or other technology security. Failure to permit receipt of correspondence from these domains and failure to keep vendor identity and contact information current at all times during the life of the contract may cause loss of TIPS Sales, accumulating TIPS fees, missed rebid opportunities, lapse of TIPS Contract(s), and unnecessary collection or legal actions against Vendor. It is no defense to any of the foregoing or any breach of this Agreement that Vendor was not receiving TIPS’ electronic communications issued by TIPS to Vendor’s listed contacts. 7. Initiation of TIPS Sales. When a public entity initiates a purchase with Vendor, if the Member inquires verbally or in writing whether Vendor holds a TIPS Contract, it is the duty of the Vendor to verify whether the Member is seeking a TIPS purchase. Once verified, Vendor must include the TIPS Contract Number on all purchase communications and sales documents exchanged with the TIPS Member. 8. TIPS Sales and Supplemental Agreements. The terms of the specific TIPS order, including but not limited to: shipping, freight, insurance, delivery, fees, bonding, cost, delivery expectations and location, returns, refunds, terms, conditions, cancellations, order assistance, etc., shall be controlled by the purchase agreement (Purchase Order, Contract, Invoice, etc.) (hereinafter “Supplemental Agreement”) entered into between the TIPS Member Customer and Vendor only. TIPS is not a party to any Supplemental Agreement. All Supplemental Agreements shall include Vendor’s Name, as known to TIPS, and TIPS Contract Name and Number. Vendor accepts and understands that TIPS is not a legal party to TIPS Sales and Vendor is solely responsible for identifying fraud, mistakes, unacceptable terms, or misrepresentations for the specific order prior to accepting. Vendor agrees that any order issued from a customer to Vendor, even when processed through TIPS, constitutes a legal contract between the customer and Vendor only. When Vendor accepts or fulfills an order, even when processed through TIPS, Vendor is representing that Vendor has carefully reviewed the order for legality, authenticity, and accuracy and TIPS shall not be liable or responsible for the same. In the event of a conflict between the terms of this TIPS Vendor Agreement and those contained in any Supplemental Agreement, the provisions set forth herein shall control unless otherwise agreed to and authorized by the Parties in writing within the Supplemental Agreement. 9. Right of Refusal. Vendor has the right not to sell to a TIPS Member under the awarded agreement at Vendor’s discretion unless otherwise required by law. 10. Reporting TIPS Sales. Vendor must report all TIPS Sales to TIPS. If a TIPS sale is initiated by Vendor receiving a TIPS Member’s purchase order from TIPS directly, Vendor may consider that specific TIPS Sale reported. Otherwise, with the exception of TIPS Automated Vendors, who have signed an exclusive agreement with TIPS regarding reporting, all TIPS Sales must be reported to TIPS by either: (1) Emailing the purchase order or similar purchase document (with Vendor’s Name, as known to TIPS, and the TIPS Contract Name and Number included) to TIPS at tipspo@tips-usa.com with “Confirmation Only” in the subject line of the email within three business days of Vendor’s acceptance of the order, or; (2) Within 3 business days of the order being accepted by Vendor, Vendor must login to the TIPS Vendor Portal and successfully self-report all necessary sale information within the Vendor Portal and confirm that it shows up accurately on your current Vendor Portal statement. No other method of reporting is acceptable unless agreed to by the Parties in writing. Failure to report all sales pursuant to this provision may result in immediate cancellation of Vendor’s TIPS Contract(s) for cause at TIPS’ sole discretion. Please refer to the TIPS Accounting FAQ’s for more information about reporting sales and if you have further questions, contact the Accounting Team at accounting@tips-usa.com. 11. TIPS Administration Fees. The collection of administrative fees by TIPS, a government entity, for performance of these procurement services is required pursuant to Texas Government Code Section 791.011 et. seq. The administration fee (“TIPS Administration Fee”) is the amount legally owed by Vendor to TIPS for TIPS Sales made by Vendor. The TIPS Administration Fee amount is typically a set percentage of the amount paid by the TIPS Member for each TIPS Sale, less shipping cost, bond cost, and taxes if applicable and identifiable, which is legally due to TIPS, but the exact TIPS Administration Fee for this Contract is published in the corresponding solicitation and is incorporated herein by reference. TIPS Administration Fees are due to TIPS immediately upon Vendor’s receipt of payment, including partial payment, for a TIPS Sale. The TIPS Administration Fee is assessed on the amount paid by the TIPS Member, not on the Vendor’s cost or on the amount for which the Vendor sold the item to a dealer or Authorized Reseller. Upon receipt of payment for a TIPS Sale, including partial payment (which renders TIPS Administration Fees immediately due), Vendor shall issue to TIPS the corresponding TIPS Administration Fee payment as soon as possible but not later than thirty-one calendar days following Vendor’s receipt of payment. Vendor shall pay TIPS via check unless otherwise agreed to by the Parties in writing. Vendor shall include clear documentation with the issued payment dictating to which sale(s) the amount should be applied. Vendor may create a payment report within their TIPS Vendor Portal which is the preferred documentation dictating to which TIPS Sale(s) the amount should be applied. Failure to pay all TIPS Administration Fees pursuant to this provision may result in immediate cancellation of Vendor’s TIPS Contract(s) for cause at TIPS’ sole discretion as well as the initiation of collection and legal actions by TIPS against Vendor to the extent permitted by law. Any overpayment of participation fees to TIPS by Vendor will be refunded to the Vendor TIPS Vendor Agreement Page 3 within ninety (90) days of receipt of notification if TIPS receives written notification of the overpayment not later than the expiration of six (6) months from the date of overpayment and TIPS determines that the amount was not legally due to TIPS pursuant to this agreement and applicable law. Any notification of overpayment received by TIPS after the expiration of six (6) months from the date that TIPS received the payment will render the overpayment non-refundable. Region 8 ESC and TIPS reserve the right to extend the six (6) month deadline if approved by the Region 8 ESC Board of Directors. TIPS reserves all rights under the law to collect TIPS Administration Fees due to TIPS pursuant to this Agreement. 12. Term of the Agreement. This Agreement with TIPS is for approximately five years with a one-year, consecutive option for renewal as described herein. Renewal options are not automatic and shall only be effective if offered by TIPS at its sole discretion. If TIPS offers a renewal option, the Vendor will be notified via email issued to Vendor’s then-listed Primary Contact. The renewal option shall be deemed accepted by Vendor unless Vendor notifies TIPS of its objection to the renewal option in writing and confirms receipt by TIPS. Actual Effective Date: Agreement is effective upon signature by authorized representatives of both Parties. The Effective Date does not affect the “Term Calculation Start Date.” Term Calculation Start Date: To keep the contract term consistent for all vendors awarded under a single TIPS contract, Vendor shall calculate the foregoing term as starting on the last day of the month that “Award Notifications” are anticipated as published in the Solicitation, regardless of the actual Effective Date. Example of Term Calculation Start Date: If the anticipated “Award Date” published in the Solicitation is May 22, 2023, but extended negotiations delay award until June 27, 2023 (Actual Effective Date), the Term Calculation Start Date shall be May 31, 2023 in this example. Contract Expiration Date: To keep the contract term consistent for all vendors awarded under a single TIPS contract, the term expiration date shall be five-years from the Term Calculation Start Date. Example of Contract Expiration Date: If the anticipated “Award Date” published in the Solicitation is May 22, 2023, but extended negotiations delay award until June 27, 2023 (Actual Effective Date), the Term Calculation Start Date shall be May 31, 2023 and the Contract Expiration Date of the resulting initial “five-year” term, (which is subject to an extension(s)) will be May 31, 2028 in this example. Option(s) for Renewal: Any option(s) for renewal shall begin on the Contract Expiration Date, or the date of the expiration of the prior renewal term where applicable, and continue for the duration specified for the renewal option herein. Example of Option(s) for Renewal: In this example, if TIPS offers a one-year renewal and the Contract Expiration Date is May 31, 2028, then the one-year renewal is effective from May 31, 2028 to May 31, 2029. TIPS may offer to extend Vendor Agreements to the fullest extent the TIPS Solicitation resulting in this Agreement permits. 13. TIPS Pricing. Vendor agrees and understands that for each TIPS Contract that it holds, Vendor submitted, agreed to, and received TIPS’ approval for specific pricing, discounts, and other pricing terms and incentives which make up Vendor’s TIPS Pricing for that TIPS Contract (“TIPS Pricing”). Vendor confirms that Vendor will not add the TIPS Administration Fee as a charge or line-item in a TIPS Sale. Vendor hereby certifies that Vendor shall only offer goods and services through this TIPS Contract if those goods and services are included in or added to Vendor’s TIPS Pricing and approved by TIPS. TIPS reserves the right to review Vendor’s pricing update requests as specifically as line-item by line-item to determine compliance. However, Vendor contractually agrees that all submitted pricing updates shall be within the original terms of the Vendor’s TIPS Pricing (scope, proposed discounts, price increase limitations, and other pricing terms and incentives originally proposed by Vendor) such that TIPS may accept Vendors price increase requests as submitted without additional vetting at TIPS discretion. Any pricing quoted by Vendor to a TIPS Member or on a TIPS Quote shall never exceed Vendor’s TIPS Pricing for any good or service offered through TIPS. Vendor certifies by signing this agreement that Vendor’s TIPS Pricing for all goods and services included in Vendor’s TIPS Pricing shall either be equal to or less than Vendor’s current pricing for that good or service for any other customer. TIPS Pricing price increases and modifications, if permitted, will be honored according to the terms of the solicitation and Vendor’s proposal, incorporated herein by reference. 14. Indemnification of TIPS. VENDOR AGREES TO INDEMNIFY, HOLD HARMLESS, AND DEFEND TIPS, TIPS MEMBERS, TIPS OFFICERS, TIPS EMPLOYEES, TIPS DIRECTORS, AND TIPS TRUSTEES (THE “TIPS INDEMNITEES”) FROM AND AGAINST ALL CLAIMS AND SUITS BY THIRD-PARTIES FOR DAMAGES, INJURIES TO PERSONS (INCLUDING DEATH), PROPERTY DAMAGES, LOSSES, EXPENSES, FEES, INCLUDING COURT COSTS, ATTORNEY’S FEES, AND EXPERT FEES, ARISING OUT OF OR RELATING TO VENDOR’S PERFORMANCE UNDER THIS AGREEMENT (INCLUDING THE PERFORMANCE OF VENDOR’S OFFICERS, EMPLOYEES, AGENTS, AUTHORIZED RESELLERS, SUBCONTRACTORS, LICENSEES, OR INVITEES), REGARDLESS OF THE NATURE OF THE CAUSE OF ACTION, TIPS Vendor Agreement Page 4 INCLUDING WITHOUT LIMITATION CAUSES OF ACTION BASED UPON COMMON, CONSTITUTIONAL, OR STATUTORY LAW OR BASED IN WHOLE OR IN PART UPON ALLEGATIONS OF NEGLIGENT OR INTENTIONAL ACTS OR OMISSIONS ON THE PART OF VENDOR, ITS OFFICERS, EMPLOYEES, AGENTS, AUTHORIZED RESELLERS, SUBCONTRACTORS, LICENSEES, OR INVITEES. NO LIMITATION OF LIABILITY FOR DAMAGES FOR PERSONAL INJURY OR PROPERTY DAMAGE ARE PERMITTED OR AGREED TO BY TIPS. APART FROM THIS INDEMNIFICATION PROVISION REQUIRING INDEMNIFICATION OF THE TIPS INDEMNITEES’ ATTORNEY’S FEES AS SET FORTH ABOVE, RECOVERY OF ATTORNEYS’ FEES BY THE PREVAILING PARTY IS AUTHORIZED ONLY IF AUTHORIZED BY TEX. EDUC. CODE § 44.032(F). 15. Indemnification and Assumption of Risk – Vendor Data. VENDOR AGREES THAT IT IS VOLUNTARILY PROVIDING DATA (INCLUDING BUT NOT LIMITED TO: VENDOR INFORMATION, VENDOR DOCUMENTATION, VENDOR’S PROPOSALS, VENDOR PRICING SUBMITTED OR PROVIDED TO TIPS, TIPS CONTRACT DOCUMENTS, TIPS CORRESPONDENCE, VENDOR LOGOS AND IMAGES, VENDOR’S CONTACT INFORMATION, VENDOR’S BROCHURES AND COMMERCIAL INFORMATION, VENDOR’S FINANCIAL INFORMATION, VENDOR’S CERTIFICATIONS, AND ANY OTHER VENDOR INFORMATION OR DOCUMENTATION, INCLUDING WITHOUT LIMITATION SOFTWARE AND SOURCE CODE UTILIZED BY VENDOR, SUBMITTED TO TIPS BY VENDOR AND ITS AGENTS) (“VENDOR DATA”) TO TIPS. FOR THE SAKE OF CLARITY, AND WITHOUT LIMITING THE BREADTH OF THE INDEMNITY OBLIGATIONS IN SECTION 13 ABOVE, VENDOR AGREES TO PROTECT, INDEMNIFY, AND HOLD THE TIPS INDEMNITEES HARMLESS FROM AND AGAINST ANY AND ALL LOSSES, CLAIMS, ACTIONS, DEMANDS, ALLEGATIONS, SUITS, JUDGMENTS, COSTS, EXPENSES, FEES, INCLUDING COURT COSTS, ATTORNEY’S FEES, AND EXPERT FEES AND ALL OTHER LIABILITY OF ANY NATURE WHATSOEVER ARISING OUT OF OR RELATING TO: (I) ANY UNAUTHORIZED, NEGLIGENT OR WRONGFUL USE OF, OR CYBER DATA BREACH INCIDENT AND VIRUSES OR OTHER CORRUPTING AGENTS INVOLVING, VENDOR’S DATA, PRICING, AND INFORMATION, COMPUTERS, OR OTHER HARDWARE OR SOFTWARE SYSTEMS, AND; (II) ALLEGATIONS OR CLAIMS THAT ANY VENDOR DATA INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF A THIRD-PARTY OR VENDOR. 16. Procedures Related to Indemnification. In the event that an indemnity obligation arises, Vendor shall pay all amounts set forth in Section 13 and 14 above (including any settlements) and – if it has accepted its indemnity obligation without qualification – control the legal defense to such claim or cause of action, including without limitation attorney selection, strategy, discovery, trial, appeal, and settlement, and TIPS shall, at Vendor’s cost and expense (with respect to reasonable out of pocket costs and expenses incurred by TIPS which shall be reimbursed to TIPS by Vendor), provide all commercially reasonable assistance requested by Vendor. In controlling any defense, Vendor shall ensure that all assertions of governmental immunity and all applicable pleas and defenses shall be promptly asserted. 17. Indemnity for Underlying Sales and Supplemental Agreements. Vendor shall be solely responsible for any customer claims or any disputes arising out of TIPS Sales or any Supplemental Agreement as if sold in the open-market. The Parties agree that TIPS shall not be liable for any claims arising out of Vendor’s TIPS Sales or Supplemental Agreements, including but not limited to: allegations of product defect or insufficiency, allegations of service defect or insufficiency, allegations regarding delivery defect or insufficiency, allegations of fraud or misrepresentation, allegations regarding pricing or amounts owed for TIPS sales, and/or allegations regarding payment, over-payment, under-payment, or non-payment for TIPS Sales. Payment/Drafting, overpayment/over-drafting, under- payment/under-drafting, or non-payment for TIPS Sales between customer and Vendor and inspections, rejections, or acceptance of such purchases shall be the exclusive respective obligations of Vendor/Customer, and disputes shall be handled in accordance with the terms of the underlying Supplemental Agreement(s) entered into between Vendor and Customer. Vendor acknowledges that TIPS is not a dealer, subcontractor, agent, or reseller of Vendor’s goods and services and shall not be responsible for any claims arising out of alleged insufficiencies or defects in Vendor’s goods and services, should any arise. 18. Confidentiality of Vendor Data. Vendor understands and agrees that by signing this Agreement, all Vendor Data is hereby released to TIPS, TIPS Members, and TIPS third-party administrators to effectuate Vendor’s TIPS Contract except as provided for herein. The Parties agree that Vendor Data is accessible by all TIPS Members as if submitted directly to that TIPS Member Customer for purchase consideration. If Vendor otherwise considers any portion of Vendor’s Data to be confidential and not subject to public disclosure pursuant to Chapter 552 Texas Gov’t Code (the “Public Information Act”) or other law(s) and orders, Vendor must have identified the claimed confidential materials through proper execution of the Confidentiality Claim Form which is required to be submitted as part of Vendor’s proposal resulting in this Agreement and incorporated by reference. The Confidentiality Claim Form included in Vendor’s proposal and incorporated herein by reference is the sole indicator of whether Vendor considers any Vendor Data confidential in the event TIPS receives a Public Information Request. If TIPS receives a request, any responsive documentation not deemed confidential by you in this manner will be automatically released. For Vendor Data deemed confidential by you in this manner, TIPS will follow procedures of controlling statute(s) regarding any claim of confidentiality and shall not be liable for any release of information required by law, including Attorney General determination and opinion. In the event that TIPS receives a written request for information pursuant to the Public Information Act that affects Vendor’s interest in any information or data furnished to TIPS by Vendor, and TIPS requests an opinion from the Attorney General, Vendor may, at its own option and expense, prepare comments and submit information directly to the Attorney General stating why the requested information is exempt from disclosure pursuant to the requirements of the TIPS Vendor Agreement Page 5 Public Information Act. Vendor is solely responsible for submitting the memorandum brief and information to the Attorney General within the time period prescribed by the Public Information Act. Notwithstanding any other information provided in this solicitation or Vendor designation of certain Vendor Data as confidential or proprietary, Vendor’s acceptance of this TIPS Vendor Agreement constitutes Vendor’s consent to the disclosure of Vendor’s Data, including any information deemed confidential or proprietary, to TIPS Members or as ordered by a Court or government agency, including without limitation the Texas Attorney General. Vendor agrees that TIPS shall not be responsible or liable for any use or distribution of information or documentation by TIPS Members or as required by law. 19. Vendor’s Authorized Resellers. TIPS recognizes that many vendors operate in the open market through the use of resellers or dealers. For that reason, TIPS permits Vendor to authorize Authorized Resellers within its Vendor Portal and make TIPS Sales through the Authorized Reseller(s). Once authorized by Vendor in the Vendor Portal, the Authorized Reseller(s) may make TIPS sales to TIPS Members. However, all purchase documents must include: (1) Authorized Reseller’s Name; (2) Vendor’s Name, as known to TIPS, and; (3) Vendor’s TIPS Contract Name and Number under which it is making the TIPS Sale. Either Vendor or Reseller may report the sale pursuant to the terms herein. However, Vendor agrees that it is legally responsible for all reporting and fee payment as described herein for TIPS Sales made by Authorized Resellers. The TIPS Administration Fee is assessed on the amount paid by the TIPS Member, not on the Vendor’s cost or on the amount for which the Vendor sold the item to a dealer or Authorized Reseller. The Parties intend that Vendor shall be responsible and liable for TIPS Sales made by Vendor’s Authorized Resellers. Vendor agrees that it is voluntarily authorizing this Authorized Reseller and in doing so, Vendor agrees that it is doing so at its own risk and agrees to protect, indemnify, and hold TIPS harmless in accordance with Sections 14-17 above related to Authorized Reseller TIPS Sales made pursuant to this Agreement or purporting to be made pursuant to this Agreement that may be asserted against Vendor whether rightfully brought or otherwise. The Parties further agree that it is no defense to Vendor’s breach of this Agreement that an Authorized Reseller caused Vendor of breach this Agreement. 20. Circumvention of TIPS Sales. When a public entity initiates a purchase with Vendor, if the Member inquires verbally or in writing whether Vendor holds a TIPS Contract, it is the duty of the Vendor to verify whether the Member is seeking a TIPS purchase. Any request for quote, customer communication, or customer purchase initiated through or referencing a TIPS Contract shall be completed through TIPS pursuant to this Agreement. Any encouragement or participation by Vendor in circumventing a TIPS sale being completed may result in immediate termination of Vendor’s TIPS Contract(s) for cause as well as preclusion from future TIPS opportunities at TIPS sole discretion. 21. State of Texas Franchise Tax. By signature hereon, Vendor hereby certifies that Vendor is not currently delinquent in the payment of any franchise taxes owed to the State of Texas under Chapter 171 of the Texas Tax Code. 22. Termination. A) Termination for Convenience. TIPS may, by written notice to Vendor, terminate this Agreement for convenience, in whole or in part, at any time by giving thirty (30) days’ written notice to Vendor of such termination, and specifying the effective date thereof. B) Termination for Cause. If Vendor fails to materially perform pursuant to the terms of this Agreement, TIPS shall provide written notice to Vendor specifying the default. If Vendor does not cure such default within thirty (30) days, TIPS may terminate this Agreement, in whole or in part, for cause. If TIPS terminates this Agreement for cause, and it is later determined that the termination for cause was wrongful, the termination shall automatically be converted to and treated as a termination for convenience. C) Vendor’s Termination. If TIPS fails to materially perform pursuant to the terms of this Agreement, Vendor shall provide written notice to TIPS specifying the default (“Notice of Default”). If TIPS does not cure such default within thirty (30) days, Vendor may terminate this Agreement, in whole or in part, for cause. If TIPS terminates this Agreement for cause, and it is later determined that the termination for cause was wrongful, the termination shall automatically be converted to and treated as a termination for convenience. D) Upon termination, all TIPS Sale orders previously accepted by Vendor shall be fulfilled and Vendor shall be paid for all TIPS Sales executed pursuant to the applicable terms. All TIPS Sale orders presented to Vendor but not fulfilled by Vendor, prior to the actual termination of this agreement shall be honored at the option of the TIPS Member. TIPS shall submit to Vendor an invoice for any outstanding TIPS Administration Fees and approved expenses and Vendor shall pay such fees and expenses within 30 calendar days of receipt of such valid TIPS invoice. Vendor acknowledges and agrees that continued participation in TIPS is subject to TIPS’ sole TIPS Vendor Agreement Page 6 discretion and that any Vendor may be removed from the TIPS program at any time with or without cause. This termination clause does not affect TIPS Sales Supplemental Agreements pursuant to this term regarding termination and the Survival Clause term E) Vendor hereby waives any and all claims for damages, including, but not limited, to consequential damages or lost profits, that might arise from TIPS’ act of terminating this Agreement. 23. Survival Clause. It is the intent of the Parties that this Agreement and procurement method applies to any TIPS Sale made during the life of this Agreement even if made on or near the Contract Expiration Date as defined herein. Thus, all TIPS Sales, including but not limited to: leases, service agreements, license agreements, open purchase orders, warranties, and contracts, even if they extend months or years past the TIPS Contract Expiration Date, shall survive the expiration or termination of this Agreement subject to the terms and conditions of the Supplemental Agreement between Customer and Vendor or unless otherwise specified herein. 24. Audit Rights. Due to transparency statutes and public accountability requirements of TIPS and TIPS Members, Vendor shall at their sole expense, maintain documentation of all TIPS Sales for a period of three years from the time of the TIPS Sale. In order to ensure and confirm compliance with this agreement, TIPS shall have authority to conduct audits of Vendor’s TIPS Pricing or TIPS Sales with thirty-days’ notice unless the audit is ordered by a Court Order or by a Government Agency with authority to do so without said notice. Notwithstanding the foregoing, in the event that TIPS is made aware of any pricing being offered to eligible entities that is materially inconsistent with Vendor’s TIPS Pricing, TIPS shall have the ability to conduct the audit internally or may engage a third‐ party auditing firm to investigate any possible non‐compliant conduct or may terminate the Agreement according to the terms of this Agreement. In the event of an audit, the requested materials shall be reasonably provided in the time, format, and at the location acceptable to TIPS. TIPS agrees not to perform a random audit the TIPS transaction documentation more than once per calendar year, but reserves the right to audit for just cause or as required by any governmental agency or court with regulatory authority over TIPS or the TIPS Member. These audit rights shall survive termination of this Agreement for a period of one (1) year from the effective date of termination. 25. Conflicts of Interest. The Parties confirm that they have not offered, given, or accepted, nor intend to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, service to the other in connection with this Agreement. Vendor affirms that, to the best of Vendor’s knowledge, this Agreement has been arrived at independently, and is awarded without collusion with anyone to obtain information or gain any favoritism that would in any way limit competition or give an unfair advantage over other vendors in the award of this Agreement. Vendor agrees that it has disclosed any necessary affiliations with Region 8 Education Service Center and the TIPS Department, if any, through the Conflict of Interest attachment provided in the solicitation resulting in this Agreement. 26. Volume of TIPS Sales. Nothing in this Agreement or any TIPS communication may be construed as a guarantee that TIPS or TIPS Members will submit any TIPS orders to Vendor at any time. 27. Compliance with the Law. The Parties agree to comply fully with all applicable federal, state, and local statutes, ordinances, rules, and regulations applicable to their entity in connection with the programs contemplated under this Agreement. 28. Severability. If any term(s) or provision(s) of this Agreement are held by a court of competent jurisdiction to be invalid, void, or unenforceable, then such term(s) or provision(s) shall be deemed restated to reflect the original intention of the Parties as nearly as possible in accordance with applicable law and the remainder of this Agreement, and the remainder of the provisions of this Agreement shall remain in full force and effect and shall in no way be affected, impaired or invalidated, unless such holding causes the obligations of the Parties hereto to be impossible to perform or shall render the terms of this Agreement to be inconsistent with the intent of the Parties hereto. 29. Force Majeure. If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement through no fault of its own then such party shall give notice and full particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon. Upon delivering such notice, the obligation of the affected party, so far as it is affected by such Force Majeure as described, shall be suspended during the continuance of the inability then claimed but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch. In the event that Vendor’s obligations are suspended by reason of Force Majeure, all TIPS Sales accepted prior to the Force Majeure event shall be the legal responsibility of Vendor and the terms of the TIPS Sale Supplemental Agreement shall control Vendor’s failure to fulfill for a Force Majeure event. 30. Immunity. Vendor agrees that nothing in this Agreement shall be construed as a waiver of sovereign or government immunity; nor constitute or be construed as a waiver of any of the privileges, rights, defenses, remedies, or immunities available to Region 8 Education TIPS Vendor Agreement Page 7 Service Center or its TIPS Department. The failure to enforce, or any delay in the enforcement of, any privileges, rights, defenses, remedies, or immunities available to Region 8 Education Service Center or its TIPS Department under this Agreement or under applicable law shall not constitute a waiver of such privileges, rights, defenses, remedies, or immunities or be considered as a basis for estoppel. 31. Insurance Requirements. Vendor agrees to maintain the following minimum insurance requirements for the duration of this Agreement. All policies held by Vendor to adhere to this term shall be written by a carrier with a financial size category of VII and at least a rating of “A‐” by A.M. Best Key Rating Guide. The coverages and limits are to be considered minimum requirements and in no way limit the liability of the Vendor(s). Any immunity available to TIPS or TIPS Members shall not be used as a defense by the contractor's insurance policy. Only deductibles applicable to property damage are acceptable, unless proof of retention funds to cover said deductibles is provided. "Claims made" policies will not be accepted. Vendor’s required minimum coverage shall not be suspended, voided, cancelled, non‐renewed or reduced in coverage or in limits unless replaced by a policy that provides the minimum required coverage except after thirty (30) days prior written notice by certified mail, return receipt requested has been given to TIPS or the TIPS Member if a project or pending delivery of an order is ongoing. Upon request, certified copies of all insurance policies shall be furnished to the TIPS or the TIPS Member. Vendor agrees that when Vendor or its subcontractors are liable for any damages or claims, Vendor’s policy, shall be primary over any other valid and collectible insurance carried by the Member or TIPS. General Liability: $1,000,000 each Occurrence/Aggregate Automobile Liability: $300,000 Includes owned, hired & non‐owned Workers' Compensation: Statutory limits for the jurisdiction in which the Vendor performs under this Agreement. If Vendor performs in multiple jurisdictions, Vendor shall maintain the statutory limits for the jurisdiction with the greatest dollar policy limit requirement. Umbrella Liability: $1,000,000 each Occurrence/Aggregate 32. Waiver. No waiver of any single breach or multiple breaches of any provision of this Agreement shall be construed to be a waiver of any breach of any other provision. No delay in acting regarding any breach of any provision shall be construed to be a waiver of such breach. 33. Binding Agreement. This Agreement shall be binding and inure to the benefit of the Parties hereto and their respective heirs, legal successors, and assigns. 34. Headings. The paragraph headings contained in this Agreement are included solely for convenience of reference and shall not in any way affect the meaning or interpretation of any of the provisions of this Agreement. 35. Choice of Law and Venue. This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Texas. Any proceeding, claim, action, or alternative dispute resolution arising out of or relating to this Agreement or involving TIPS shall be brought in a State Court of competent jurisdiction in Camp County, Texas, or if Federal Court is legally required, a Federal Court of competent jurisdiction in the Eastern District of Texas, and each of the Parties irrevocably submits to the exclusive jurisdiction of said court in any such proceeding, waives any objection it may now or hereafter have to venue or to convenience of forum, agrees that all claims in respect of the proceeding shall be heard and determined only in any such court, and agrees not to bring any proceeding arising out of or relating to this procurement process or any contract resulting from or and contemplated transaction in any other court. The Parties agree that either or both of them may file a copy of this paragraph with any court as written evidence of the knowing, voluntary and freely bargained for agreement between the Parties irrevocably to waive any objections to venue or to convenience of forum. 36. Relationship of the Parties. Nothing contained in this Agreement shall be construed to make one Party an agent of the other Party nor shall either party have any authority to bind the other in any respect, unless expressly authorized by the other party in writing. The Parties are independent contractors and nothing in this Agreement creates a relationship of employment, trust, agency or partnership between them. 37. Assignment. No assignment of this Agreement or of any duty or obligation of performance hereunder, shall be made in whole or in part by a Party hereto without the prior written consent of the other Party. Written consent of TIPS shall not be unreasonably withheld. 38. Minimum Condition and Warranty Requirements for TIPS Sales. All goods quoted or sold through a TIPS Sale shall be new unless clearly stated otherwise in writing. All new goods and services shall include the applicable manufacturers minimum standard warranty unless otherwise agreed to in the Supplemental Agreement. TIPS Vendor Agreement Page 8 39. Minimum Customer Support Requirements for TIPS Sales. Vendor shall provide timely and commercially reasonable support for TIPS Sales or as agreed to in the applicable Supplemental Agreement. 40. Minimum Shipping Requirements for TIPS Sales. Vendor shall ship, deliver, or provide ordered goods and services within a commercially reasonable time after acceptance of the order. If a delay in delivery is anticipated, Vendor shall notify the TIPS Member as to why delivery is delayed and provide an updated estimated time for completion. The TIPS Member may cancel the order if the delay is not commercially acceptable or not consistent with the Supplemental Agreement applicable to the order. 41. Minimum Vendor License Requirements. Vendor shall maintain, in current status, all federal, state, and local licenses, bonds and permits required for the operation of the business conducted by Vendor. Vendor shall remain fully informed of and in compliance with all ordinances and regulations pertaining to the lawful provision of goods or services under the TIPS Agreement. TIPS and TIPS Members reserve the right to stop work and/or cancel a TIPS Sale or terminate this or any TIPS Sale Supplemental Agreement involving Vendor if Vendor’s license(s) required to perform under this Agreement or under the specific TIPS Sale have expired, lapsed, are suspended or terminated subject to a 30‐day cure period unless prohibited by applicable statue or regulation. 42. Minimum Vendor Legal Requirements. Vendor shall remain aware of and comply with this Agreement and all local, state, and federal laws governing the sale of products/services offered by Vendor under this contract. Such applicable laws, ordinances, and policies must be complied with even if not specified herein. 43. Minimum Site Requirements for TIPS Sales (when applicable to TIPS Sale). Cleanup: When performing work on site at a TIPS Member’s property, Vendor shall clean up and remove all debris and rubbish resulting from their work as required or directed by the TIPS Member or as agreed by the parties. Upon completion of work, the premises shall be left in good repair and an orderly, neat, clean and unobstructed condition. Preparation: Vendor shall not begin a project for which a TIPS Member has not prepared the site, unless Vendor does the preparation work at no cost, or until TIPS Member includes the cost of site preparation in the TIPS Sale Site preparation includes, but is not limited to: moving furniture, installing wiring for networks or power, and similar pre‐installation requirements. Registered Sex Offender Restrictions: For work to be performed at schools, Vendor agrees that no employee of Vendor or a subcontractor who has been adjudicated to be a registered sex offender will perform work at any time when students are, or reasonably expected to be, present unless otherwise agreed by the TIPS Member. Vendor agrees that a violation of this condition shall be considered a material breach and may result in the cancellation of the TIPS Sale at the TIPS Member’s discretion. Vendor must identify any additional costs associated with compliance of this term. If no costs are specified, compliance with this term will be provided at no additional charge. Safety Measures: Vendor shall take all reasonable precautions for the safety of employees on the worksite, and shall erect and properly maintain all necessary safeguards for protection of workers and the public. Vendor shall post warning signs against all hazards created by the operation and work in progress. Proper precautions shall be taken pursuant to state law and standard practices to protect workers, general public and existing structures from injury or damage. Smoking: Persons working under Agreement shall adhere to the TIPS Member’s or local smoking statutes, codes, ordinances, and policies. 44. Payment for TIPS Sales. TIPS Members may make payments for TIPS Sales directly to Vendor, Vendor’s Authorized Reseller, or as otherwise agreed to in the applicable Supplemental Agreement after receipt of the invoice and in compliance with applicable payment statutes. Regardless of how payment is issued or received for a TIPS Sale, Vendor is responsible for all reporting and TIPS Administration Fee payment requirements as stated herein. 45. Marketing. Vendor agrees to allow TIPS to use their name and logo within the TIPS website, database, marketing materials, and advertisements unless Vendor negotiates this term to include a specific acceptable-use directive. Any use of TIPS’ name and logo or any form of publicity, inclusive of press release, regarding this Agreement by Vendor must have prior approval from TIPS which will not be unreasonably withheld. Request may be made by email to tips@tips-usa.com. For marketing efforts directed to TIPS Members, Vendor must request and execute a separate Joint Marketing Disclaimer, at marketing@tips-usa.com, before TIPS can release contact information for TIPS Member entities for the purpose of marketing your TIPS contract(s). Vendor must adhere to strict Marketing Requirements once a disclaimer is executed. The Joint Marketing Disclaimer is a supplemental agreement specific to joint marketing efforts and has no effect on the terms of the TIPS Vendor Agreement. Vendor agrees that any images, photos, writing, audio, clip art, TIPS Vendor Agreement Page 9 music, or any other intellectual property (“Property”) or Vendor Data utilized, provided, or approved by Vendor during the course of the joint marketing efforts are either the exclusive property of Vendor, or Vendor has all necessary rights, license, and permissions to utilize said Property in the joint marketing efforts. Vendor agrees that they shall indemnify and hold harmless TIPS and its employees, officers, agents, representatives, contractors, assignees, designees, and TIPS Members from any and all claims, damages, and judgments involving infringement of patent, copyright, trade secrets, trade or services marks, and any other intellectual or intangible property rights and/or claims arising from the Vendor’s (including Vendor’s officers’, employees’, agents’, Authorized Resellers’, subcontractors’, licensees’, or invitees’) unauthorized use or distribution of Vendor Data and Property. 46. Tax Exempt Status of TIPS Members. Most TIPS Members are tax exempt entities and the laws and regulations applicable to the specific TIPS Member customer shall control. 47. Automatic Renewal Limitation for TIPS Sales. No TIPS Sale may incorporate an automatic renewal clause that exceeds month to month terms with which the TIPS Member must comply. All renewal terms incorporated into a TIPS Sale Supplemental Agreement shall only be valid and enforceable when Vendor received written confirmation of acceptance of the renewal term from the TIPS Member for the specific renewal term. The purpose of this clause is to avoid a TIPS Member inadvertently renewing an Agreement during a period in which the governing body of the TIPS Member has not properly appropriated and budgeted the funds to satisfy the Agreement renewal. Any TIPS Sale Supplemental Agreement containing an “Automatic Renewal” clause that conflicts with these terms is rendered void and unenforceable. 48. Choice of Law Limitation for TIPS Sales. Vendor agrees that if any "Choice of Law" provision is included in any TIPS Sale agreement/contract between Vendor and a TIPS Member, that clause must provide that the "Choice of Law" applicable to the TIPS Sale agreement/contract between Vendor and TIPS Member shall be the state where the TIPS Member operates unless the TIPS Member expressly agrees otherwise. Any TIPS Sale Supplemental Agreement containing a “Choice of Law” clause that conflicts with these terms is rendered void and unenforceable. 49. Venue Limitation for TIPS Sales. Vendor agrees that if any "Venue" provision is included in any TIPS Sale Agreement/contract between Vendor and a TIPS Member, that clause must provide that the "Venue" for any litigation or alternative dispute resolution shall be in the state and county where the TIPS Member operates unless the TIPS Member expressly agrees otherwise. Any TIPS Sale Supplemental Agreement containing a “Venue” clause that conflicts with these terms is rendered void and unenforceable. 50. Indemnity Limitation for TIPS Sales. Texas and other jurisdictions restrict the ability of governmental entities to indemnify others. Vendor agrees that if any "Indemnity" provision which requires the TIPS Member to indemnify Vendor is included in any TIPS sales agreement/contract between Vendor and a TIPS Member, that clause must either be stricken or qualified by including that such indemnity is only permitted, "to the extent permitted by the laws and constitution of [TIPS Member's State]” unless the TIPS Member expressly agrees otherwise. Any TIPS Sale Supplemental Agreement containing an "Indemnity" clause that conflicts with these terms is rendered void and unenforceable. 51. Arbitration Limitation for TIPS Sales. Vendor agrees that if any "Arbitration" provision is included in any TIPS Sale agreement/contract between Vendor and a TIPS Member, that clause may not require that the arbitration is mandatory or binding. Vendor agrees that if any "Arbitration" provision is included in any TIPS Sale agreement/contract between Vendor and a TIPS Member, that clause provides for only voluntary and non-binding arbitration unless the TIPS Member expressly agrees otherwise. Any TIPS Sale Supplemental Agreement containing a “Arbitration” clause that conflicts with these terms is rendered void and unenforceable. In Witness Whereof, the parties hereto, each acting under due and proper authority, have signed this Agreement. TIPS Vendor Agreement Signature Form Page 1 7,369(1'25$*5((0(17 6,*1$785()250 7,365)37HFKQRORJ\6ROXWLRQV3URGXFWVDQG6HUYLFHV Vendor Name: _____________________________________________________________________________ Vendor Address: ___________________________________________________________________________ City: _____________________________________________ State: ____________ Zip Code: _____________ Vendor Authorized Signatory Name: ___________________________________________________________ Vendor Authorized Signatory Title: ____________________________________________________________ Vendor Authorized Signatory Phone: ___________________________________________________________ Vendor Authorized Signatory Email: ___________________________________________________________ Vendor Authorized Signature: ________________________________________ Date: ___________________ (The following is for TIPS completion only) TIPS Authorized Signatory Name: _____________________________________________________________ TIPS Authorized Signatory Title: ______________________________________________________________ TIPS Authorized Signature: ________________________________________ Date: ___________________ _________________________ APG Technology 4825 140th Avenue North Clearwater FL 32762 Heather Callaway Vice President Technology 727.530.0077 heather.callaway@apg.company 02/17/2023 Dr. David Fitts Executive Director 5/5/2023 230105 APG Technology APG Electric, Inc Supplier Response Event Information Number:230105 Title:Technology Solutions, Products, and Services Type:Request for Proposal Issue Date:1/5/2023 Deadline:2/17/2023 03:00 PM (CT) Notes:This is a solicitation issued by The Interlocal Purchasing System (TIPS), a department of Texas Region 8 Education Service Center. It is an Indefinite Delivery, Indefinite Quantity ("IDIQ") solicitation. It will result in contracts that provide, through adoption/"piggyback" an indefinite quantity of supplies/services, during a fixed period of time, to TIPS public entity and qualifying non-profit "TIPS Members" throughout the nation. Thus, there is no specific project or scope of work to review. Rather this solicitation is issued as a prospective award for utilization when any TIPS Member needs the goods or services offered during the life of the agreement. IF YOU CURRENTLY HOLDS TIPS CONTRACT 200105 TECHNOLOGY SOLUTIONS, PRODUCTS, AND SERVICES ("200105"), YOU MUST RESPOND TO THIS SOLICITATION TO PREVENT LAPSE OF CONTRACT UNLESS YOU HOLD ANOTHER CURRENT TIPS CONTRACT THAT COVERS ALL OF YOUR TECHNOLOGY OFFERINGS. THIS AWARDED CONTRACT WILL REPLACE YOUR EXPIRING TIPS CONTRACT 200105. IF YOU HOLD A TIPS "TECHNOLOGY SOLUTIONS, PRODUCTS, Vendor: APG Technology 230105Page 1 of 34 pages AND SERVICES" CONTRACT OTHER THAN 200105 AND YOU CHOOSE TO RESPOND HEREIN, YOUR EXISTING TIPS "TECHNOLOGY SOLUTIONS, PRODUCTS, AND SERVICES" CONTRACT WILL BE TERMINATED AND REPLACED BY THIS CONTRACT. IF YOU HOLD ANOTHER TIPS CONTRACT OTHER THAN 200105 WHICH COVERS ALL OF YOUR TECHNOLOGY OFFERINGS AND YOU ARE SATISFIED WITH IT, THERE IS NO NEED TO RESPOND TO THIS SOLICITATION UNLESS YOU PREFER TO HOLD BOTH CONTRACTS OR REPLACE YOUR EXISTING TIPS "TECHNOLOGY SOLUTIONS, PRODUCTS, AND SERVICES" CONTRACT. Contact Information Address:Region 8 Education Service Center 4845 US Highway 271 North Pittsburg, TX 75686 Phone:+1 (866) 839-8477 Email:bids@tips-usa.com Vendor: APG Technology 230105Page 2 of 34 pages APG Technology Information Contact:Jessica Abrante Address:4825 140th Avenue North Clearwater, FL 33762 Phone:(727) 530-0077 x339 Fax:(727) 530-0045 Email:Jessica.Abrante@apg.company Web Address:www.apg.company By submitting your response, you certify that you are authorized to represent and bind your company. Jessica Abrante jessica.abrante@apg.company Signature Email Submitted at 2/16/2023 10:35:07 AM (CT) Requested Attachments Pricing Form 1 (1) 230105 Pricing Form 1.xlsx Pricing Form 1 must be downloaded from the “Attachments” section of the IonWave eBid System, reviewed, properly completed as instructed, and uploaded to this location. Pricing Form 2 (2) 230105 Pricing Form 2.xlsx Pricing Form 2 must be downloaded from the “Attachments” section of the IonWave eBid System, reviewed, properly completed as instructed, and uploaded to this location. Alternate or Supplemental Pricing Documents No response Optional. If when completing Pricing Form 1 & Pricing Form 2 you direct TIPS to view additional, alternate, or supplemental pricing documentation, you may upload that documentation. Vendor Agreement (3) 230105 Vendor Agreement.pdf The Vendor Agreement must be downloaded from the “Attachments” section of the IonWave eBid System, reviewed, Vendor Name placed in the line provided at the top, and uploaded to this location. If Vendor has proposed deviations to the Vendor Agreement, Vendor may assert so in the Attribute Questions and those shall be addressed during evaluation. Vendor Agreement Signature Form (4) 230105 Vendor Agreement Signature Form.pdf The Vendor Agreement Signature Form must be downloaded from the “Attachments” section of the IonWave eBid System, reviewed, properly completed, and uploaded to this location. If Vendor has proposed deviations to the Vendor Agreement, Vendor may leave the signature line of this page blank and assert so in the Attribute Questions and those shall be addressed during evaluation. Reference Form (5) 230105 Reference Form.xls The Reference Form must be downloaded from the “Attachments” section of the IonWave eBid System, reviewed, properly completed, and uploaded to this location. The Reference Form must be uploaded in Excel format. Required Confidentiality Claim Form (6) 230105 Required Confidentiality Claim Form.pdf The Required Confidentiality Claim Form must be downloaded from the “Attachments” section of the IonWave eBid System, reviewed, properly completed, and uploaded to this location. This is the only way for Vendor to assert confidentiality of any information submitted. Vendor: APG Technology 230105Page 3 of 34 pages Conflict of Interest Questionnaire - Form CIQ No response Do not upload this form unless you have a reportable conflict with TIPS. There is an Attribute entitled “Conflict of Interest Questionnaire Requirement” immediately followed by an Attribute entitled “Conflict of Interest Questionnaire Requirement – Form CIQ – Continued.” Properly respond to those Attributes and only upload this form if applicable/instructed. If upload is required based on your response to those Attributes, the Conflict of Interest Questionnaire – Form CIQ must be downloaded from the “Attachments” section of the IonWave eBid System, reviewed, properly completed, and uploaded at this location. Disclosure of Lobbying Activities - Standard Form - LLL No response Do not upload this form unless Vendor has reportable lobbying activities. There are Attributes entitled, “2 CFR Part 200 or Federal Provision - Byrd Anti-Lobbying Amendment – Continued.” Properly respond to those Attributes and only upload this form if applicable/instructed. If upload is required based on your response to those Attributes, the Disclosure of Lobbying Activities – Standard Form - LLL must be downloaded from the “Attachments” section of the IonWave eBid System, reviewed, properly completed, and uploaded to this location. Current Form W-9 (7) APG W-9 Form.pdf Vendor must upload their current IRS Tax Form W-9. The legal name, EIN, and d/b/a's listed should match the information provided herein exactly. This form will be utilized by TIPS to properly identify your entity. Certificates & Licenses (Supplemental Vendor Information Only)No response Optional. If Vendor would like to display any applicable certificates or licenses (including HUB certificates) for TIPS and TIPS Member Customer consideration, Vendor may upload those at this location. These supplemental documents shall not be considered part of the TIPS Contract. Rather, they are Vendor Supplemental Information for marketing and informational purposes only. Vendor’s Warranties, Terms, and Conditions (Supplemental Vendor Information Only)No response Optional. If Vendor would like to display any standard warranties, terms, or conditions which are often applicable to their offerings for TIPS and TIPS Member Customer consideration, Vendor may upload those at this location. These supplemental documents shall not be considered part of the TIPS Contract. Rather, they are Vendor Supplemental Information for marketing and informational purposes only. Supplemental Vendor Information (Supplemental Vendor Information Only)No response Optional. If Vendor would like to display or include any brochures, promotional documents, marketing materials, or other Vendor Information for TIPS and TIPS Member Customer consideration, Vendor may upload those at this location. These supplemental documents shall not be considered part of the TIPS Contract. Rather, they are Vendor Supplemental Information for marketing and informational purposes only. Vendor Logo (Supplemental Vendor Information Only)No response Optional. If Vendor desires that their logo be displayed on their public TIPS profile for TIPS and TIPS Member viewing, Vendor may upload that logo at this location. These supplemental documents shall not be considered part of the TIPS Contract. Rather, they are Vendor Supplemental Information for marketing and informational purposes only. Bid Attributes 1 Disadvantaged/Minority/Women Business & Federal HUBZone Some participating public entities are required to seek Disadvantaged/Minority/Women Business & Federal HUBZone ("D/M/WBE/Federal HUBZone") vendors. Does Vendor certify that their entity is a D/M/WBE/Federal HUBZone vendor? If you respond "Yes," you must upload current certification proof in the appropriate "Response Attachments" location. NO Vendor: APG Technology 230105Page 4 of 34 pages 2 Historically Underutilized Business (HUB) Some participating public entities are required to seek Historically Underutilized Business (HUB) vendors as defined by the Texas Comptroller of Public Accounts Statewide HUB Program. Does Vendor certify that their entity is a HUB vendor? If you respond "Yes," you must upload current certification proof in the appropriate "Response Attachments" location. No 3 National Coverage Can the Vendor provide its proposed goods and services to all 50 US States? No 4 States Served If Vendor answered "No" to the question entitled "National Coverage," please list all states where vendor can provide the goods and services proposed directly below. Your response may dictate which potential TIPS Member customers consider purchasing your offerings. Florida 5 Description of Vendor Entity and Vendor's Goods & Services If awarded, this description of Vendor and Vendor's goods and services will appear on the TIPS website for customer/public viewing. As a full-service Audio Visual Systems Integrator and Structured Cabling Contractor, APG Technology can help you from conceptual design and implementation through the life of the system. Our professionally trained team is efficient, friendly, and delivers cost-effective solutions to meet the quickly evolving technology demands of the connected facility. 6 Primary Contact Name Please identify the individual who will be primarily responsible for all TIPS matters and inquiries for the duration of the contract. Jessica Abrante 7 Primary Contact Title Primary Contact Title Business Development - Account Manager 8 Primary Contact Email Please enter a valid email address that will definitely reach the Primary Contact. jessica.abrante@apg.company 9 Primary Contact Phone Numbers only, no symbols or spaces (Ex. 8668398477). The system will auto-populate your entry with commas once submitted which is appropriate and expected (Ex. 8,668,398,477). Please provide the accurate and current phone number where the individual who will be primarily responsible for all TIPS matters and inquiries for the duration of the contract can be reached directly. 7275300077 Vendor: APG Technology 230105Page 5 of 34 pages 1 0 Primary Contact Fax Numbers only, no symbols or spaces (Ex. 8668398477). The system will auto-populate your entry with commas once submitted which is appropriate and expected (Ex. 8,668,398,477). 7275300045 1 1 Primary Contact Mobile Numbers only, no symbols or spaces (Ex. 8668398477). The system will auto-populate your entry with commas once submitted which is appropriate and expected (Ex. 8,668,398,477). 7273651248 1 2 Secondary Contact Name Please identify the individual who will be secondarily responsible for all TIPS matters and inquiries for the duration of the contract. Heather Callaway 1 3 Secondary Contact Title Secondary Contact Title Vice President Technology 1 4 Secondary Contact Email Please enter a valid email address that will definitely reach the Secondary Contact. Heather. Callaway@apg.company 1 5 Secondary Contact Phone Numbers only, no symbols or spaces (Ex. 8668398477). The system will auto-populate your entry with commas once submitted which is appropriate and expected (Ex. 8,668,398,477). Please provide the accurate and current phone number where the individual who will be secondarily responsible for all TIPS matters and inquiries for the duration of the contract can be reached directly. 7275300077 1 6 Secondary Contact Fax Numbers only, no symbols or spaces (Ex. 8668398477). The system will auto-populate your entry with commas once submitted which is appropriate and expected (Ex. 8,668,398,477). 7275300045 1 7 Secondary Contact Mobile Numbers only, no symbols or spaces (Ex. 8668398477). The system will auto-populate your entry with commas once submitted which is appropriate and expected (Ex. 8,668,398,477). 7276419026 Vendor: APG Technology 230105Page 6 of 34 pages 1 8 Administration Fee Contact Name Please identify the individual who will be responsible for all payment, accounting, and other matters related to Vendor's TIPS Administration Fee due to TIPS for the duration of the contract. Autumn Esker 1 9 Administration Fee Contact Email Please enter a valid email address that will definitely reach the Administration Fee Contact. autumn.esker@apg.company 2 0 Administration Fee Contact Phone Numbers only, no symbols or spaces (Ex. 8668398477). The system will auto-populate your entry with commas once submitted which is appropriate and expected (Ex. 8,668,398,477). 7275300077 2 1 Purchase Order and Sales Contact Name Please identify the individual who will be responsible for receiving and processing purchase orders and sales under the TIPS Contract. Jessica J Abrante 2 2 Purchase Order and Sales Contact Email Please enter a valid email address that will definitely reach the Purchase Order and Sales Contact. jessica.abrante@apg.company 2 3 Purchase Order and Sales Contact Phone Numbers only, no symbols or spaces (Ex. 8668398477). The system will auto-populate your entry with commas once submitted which is appropriate and expected (Ex. 8,668,398,477). 7275300077 2 4 Company Website Company Website (Format - www.company.com) www.apg.company 2 5 Entity D/B/A's and Assumed Names You must confirm that you are responding to this solicitation under your legal entity name. Go now to your Supplier Profile in this eBid System and confirm that your profile reflects your "Legal Name" as it is listed on your W9. In this question, please identify all of your entity's assumed names and D/B/A's. Please note that you will be identified publicly by the Legal Name under which you respond to this solicitation unless you organize otherwise with TIPS after award. APG Electric,Inc: APG, APG Electric, APG Engineering, APG Technology, APG Life Safety, APG Security 2 6 Primary Address Primary Address 4825 140th Ave North Vendor: APG Technology 230105Page 7 of 34 pages 2 7 Primary Address City Primary Address City Clearwater 2 8 Primary Address State Primary Address State (2 Digit Abbreviation) FL 2 9 Primary Address Zip Primary Address Zip 33762 3 0 Search Words Identifying Vendor Please list all search words and phrases to be included in the TIPS database related to your entity. Do not list words which are not associated with the bid category/scope (See bid title for general scope). This will help users find you through the TIPS website search function. You may include product names, manufacturers, specialized services, and other words associated with the scope of this solicitation. Crestron, Extron, AMX, APC, Jabra, Poly, Jupiter, Tripp Lite, Zoom, Microsoft Teams, Webex, collaboration, networking, wireless, data center, switcher, router, server, gateway, consulting, design, deployment, field services, unified communications, video, software, maintenance, integration, implementation, installation, e-sports , Audiovisual Integration, Audio, DSP, Control, UC Engines, audiovisual, audio systems, government, projector, displays, screen, video wall, interactive displays, video distribution, audio distribution, patch panels, structured cabling monitors, telemedicine, emergency operation center, court, higher education, conference room, hybrid learning, PTZ 3 1 Certification of Vendor Residency (Required by the State of Texas) Does Vendor's parent company or majority owner: (A) have its principal place of business in Texas; or (B) employ at least 500 persons in Texas? Texas Education Code Section 44.031 requires that this information be considered in evaluation for certain contracts. However, Vendor response does not affect points, scoring, or potential award. No 3 2 Vendor's Principal Place of Business (City) In what city is Vendor's principal place of business located? Clearwater 3 3 Vendor's Principal Place of Business (State) In what state is Vendor's principal place of business located? FL 3 4 Vendor's Years in Business How many years has the business submitting this proposal been operating in its current capacity and field of work? 39 Vendor: APG Technology 230105Page 8 of 34 pages 3 5 Certification Regarding Entire TIPS Agreement Vendor agrees that, if awarded, Vendor's final TIPS Contract will consist of the provisions set forth in the finalized TIPS Vendor Agreement, Vendor's responses to these attribute questions, and: (1) The TIPS solicitation document resulting in this Agreement; (2) Any addenda or clarifications issued in relation to the TIPS solicitation; (3) All solicitation information provided to Vendor by TIPS through the TIPS eBid System; (3) Vendor’s entire proposal response to the TIPS solicitation including all accepted required attachments, acknowledged notices and certifications, accepted negotiated terms, accepted pricing, accepted responses to questions, and accepted written clarifications of Vendor’s proposal, and; any properly included attachments to the TIPS Contract. Does Vendor agree? Yes 3 6 Minimum Percentage Discount Offered to TIPS Members on all Goods and Services (READ CAREFULLY) Please read thoroughly and carefully as an error on your response can render your contract award unusable. TIPS Members often turn to TIPS Contracts for ease of use and to receive discounted pricing. What is the minimum percentage discount that you can offer TIPS Members off of all goods and service pricing that you offer? Vendor must respond with a percentage from 0%-100%. The percentage discount that you input below will be applied to your "Catalog Pricing", as defined in the solicitation, for all TIPS Sales made during the life of the contract. You cannot alter this percentage discount once the solicitation legally closes. You will always be required to discount every TIPS Sale by the percentage included below. If you add goods or services to your "Catalog Pricing" during the life of the contract, you will be required to sell those new items with this discount applied. Example: In this example, you enter a 10% minimum percentage discount below. In year-one of your TIPS Contract, your published "Catalog Pricing" (website/store/published pricing) for "Tablet A" is $100 and for "Tablet Set-Up Service" is $100. In this example, you must sell those items under the TIPS Contract at the proposed 10% discounted price of: "Tablet A" - $90, "Tablet Set-Up Service" - $90. In year two of your TIPS Contract, you update your "Catalog Pricing" with the market. You add "Tablet B" to your "Catalog Pricing" for $200 and have increased the price of "Tablet A" to $110 and the price of "Tablet Set-Up Service" to $110. In this example, after the "Catalog Pricing" update, you must still sell those items under the TIPS Contract at the proposed 10% discounted price of: "Tablet A" - $99, "Tablet Set-Up Service" - $99, and "Tablet B" - $180.00. If you cannot honor the discount on all goods and items now included or which may be added in the future with certainty, then you should offer a lesser discount percentage below. What is the minimum percentage discount that you can offer TIPS Members off of all goods and service pricing that you offer? 10% Vendor: APG Technology 230105Page 9 of 34 pages 3 7 Honoring Vendor's Minimum Percentage Discount Vendor is asked in these Attribute Questions to provide a Minimum Percentage Discount offered to TIPS Members on all goods and services sold under the TIPS Contract. Points will be assigned for your response and scoring of your proposal will be affected. A "YES" answer will be awarded the maximum 10 points and a "NO" answer will be awarded 0 points. Does Vendor agree to honor the Minimum Percentage Discount off of their TIPS "Catalog Pricing" that Vendor proposed for all TIPS Sales made for the duration of the TIPS Contract? Yes 3 8 Volume and Additional Discounts In addition to the Minimum Percentage Discount proposed herein, does Vendor ever expect and intend to offer additional, greater, or volume discounts to TIPS Members? Point(s) may be assigned for your response in the category of "Pricing" during scoring and evaluation. Yes 3 9 "Catalog Pricing" and Pricing Requirements This is a requirement of the TIPS Contract and is non-negotiable. In this solicitation and resulting contract, "Catalog Pricing" shall be defined as: "The then available list of goods or services, in the most current listing regardless of date, that takes the form of a catalog, price list, price schedule, shelf-price or other viewable format that: A. is regularly maintained by the manufacturer or Vendor of an item; and B. is either published or otherwise available for review by TIPS or a customer during the purchase process; C. to which the Minimum Percentage Discount proposed by the proposing Vendor may be applied. If awarded on this TIPS Contract, for the duration of the contract, Vendor agrees to provide, upon request, their then current "Catalog Pricing." Or, in limited circumstances where Vendor has proposed the Percentage Mark-Up method of pricing in this proposal, proof of Vendor's "cost" may be accepted by TIPS in place of catalog pricing. YES Vendor: APG Technology 230105Page 10 of 34 pages 4 0 EXCEPTIONS & DEVIATIONS TO TIPS STANDARD TERMS AND CONDITIONS Vendor agrees that, if awarded, Vendor's final TIPS Contract will consist of the provisions set forth in the finalized TIPS Vendor Agreement, Vendor's responses to these attribute questions, and: (1) The TIPS solicitation document resulting in this Agreement; (2) Any addenda or clarifications issued in relation to the TIPS solicitation; (3) All solicitation information provided to Vendor by TIPS through the TIPS eBid System; (3) Vendor’s entire proposal response to the TIPS solicitation including all accepted required attachments, acknowledged notices and certifications, accepted negotiated terms, accepted pricing, accepted responses to questions, and accepted written clarifications of Vendor’s proposal, and; any properly included attachments to the TIPS Contract. In the event of conflict between the terms of the finalized Vendor Agreement and one of the incorporated documents the terms and conditions which are in the best interest of governmental/qualifying non-profit TIPS Members shall control at TIPS sole discretion. If Vendor responds, "No, Vendor does not agree" to this Attribute, after this solicitation legally closes and TIPS begins evaluating Vendor's file, TIPS will provide Vendor with a draft Word Document version of the Vendor Agreement and will be instructed to include all requested negotiations as redline edits for TIPS consideration. This is the only proper way to submit proposed deviations for TIPS consideration. TIPS reserves the right to accept, decline, or modify Vendor's requested negotiated terms. For this reason, answering "No, Vendor does not agree" may ultimately delay or prevent award. Does Vendor agree with TIPS standard terms and conditions as presented in the TIPS solicitation document (RFP, RCSP, RFQ, or other) and the TIPS Vendor Agreement document? Yes 4 1 TIPS Sales Reporting Requirements This is a requirement of the TIPS Contract and is non-negotiable. By submitting this proposal, Vendor certifies that Vendor will properly report all TIPS sales. With the exception of TIPS Automated Vendors, who have signed an exclusive agreement with TIPS regarding reporting, all TIPS Sales must be reported to TIPS by either: (1) Emailing the purchase order or similar purchase document (with Vendor’s Name, as known to TIPS, and the TIPS Contract Name and Number included) to TIPS at tipspo@tips-usa.com with “Confirmation Only” in the subject line of the email within three business days of Vendor’s acceptance of the order, or; (2) Within 3 business days of the order being accepted by Vendor, Vendor must login to the TIPS Vendor Portal and successfully self-report all necessary sale information within the Vendor Portal and confirm that it shows up accurately on your current Vendor Portal statement. No other method of reporting is acceptable unless agreed to by the Parties in writing. Failure to report all sales pursuant to this provision may result in immediate cancellation of Vendor’s TIPS Contract(s) for cause at TIPS’ sole discretion. Vendor: APG Technology 230105Page 11 of 34 pages 4 2 TIPS Administration Fee Requirement and Acknowledgment This is a requirement of the TIPS Contract and is non-negotiable. The collection of fees by TIPS, a government entity, for performance of these procurement services is required pursuant to Texas Government Code Section 791.011 et. seq. The TIPS Administration Fee is the amount legally owed by Vendor to TIPS for TIPS Sales made by Vendor. The TIPS Administration Fee amount is typically a set percentage of each TIPS Sale legally due to TIPS, but the exact TIPS Administration Fee for this Contract is published in the corresponding RFP or RCSP document. TIPS Administration Fees are due to TIPS immediately upon Vendor’s receipt of payment, including partial payment, for a TIPS Sale. By submitting a proposal, Vendor agrees that it has read, understands, and agrees to the published TIPS Administration Fee amount, calculation, and payment requirements. By submitting a proposal Vendor further confirms that all TIPS Pricing includes the TIPS Administration Fee and Vendor will not show adding the TIPS Administration Fee as a charge or line-item in any TIPS Sale. 4 3 TIPS Member Access to Vendor Proposal & Documentation This is a requirement of the TIPS Contract and is non-negotiable. Notwithstanding any other information provided in this solicitation or Vendor designation of certain documentation as confidential or proprietary, Vendor’s submission of this proposal constitutes Vendor’s express consent to the disclosure of Vendor’s comprehensive proposal, including any information deemed confidential or proprietary, to TIPS Members. The proposing Vendor agrees that TIPS shall not be responsible or liable for any use or distribution of information or documentation to TIPS Members or by TIPS Members. By submitting this proposal, Vendor certifies the foregoing. 4 4 Non-Collusive Bidding Certificate This is a requirement of the TIPS Contract and is non-negotiable. By submission of this proposal, the Vendor certifies that: 1) This proposal has been independently arrived at without collusion with any other entity, bidder, or with any competitor; 2) This proposal has not been knowingly disclosed and will not be knowingly disclosed, prior to the opening of bids, or proposals for this project, to any other bidder, competitor or potential competitor: 3) No attempt has been or will be made to induce any other person, partnership or corporation to modify, submit, or not to submit a bid or proposal; and 4) The person signing this bid or proposal certifies that they are duly authorized to execute this proposal/contract on behalf of Vendor and they have fully informed themselves regarding the accuracy of the statements contained in this certification, and under the penalties being applicable to the bidder as well as to the person signing in its behalf; Vendor: APG Technology 230105Page 12 of 34 pages 4 5 Antitrust Certification Statements (Tex. Government Code § 2155.005) This is a requirement of the TIPS Contract and is non-negotiable. By submission of this bid or proposal, Vendor certifies under penalty of perjury of the laws of the State of Texas that: (1) I am duly authorized to execute this proposal/contract on my own behalf or on behalf of the company, corporation, firm, partnership or individual (Vendor) identified herein; (2) In connection with this proposal, neither I nor any representative of Vendor has violated any provision of the Texas Free Enterprise and Antitrust Act, Tex. Bus. & Comm. Code Chapter 15; (3) In connection with this proposal, neither I nor any representative of the Vendor has violated any federal antitrust law; (4) Neither I nor any representative of Vendor has directly or indirectly communicated any of the contents of this bid to a competitor of the Company or any other company, corporation, firm, partnership or individual engaged in the same line of business as the Company. 4 6 Limitation on Out-of-State Litigation - Texas Business and Commerce Code § 272 This is a requirement of the TIPS Contract and is non-negotiable. Texas Business and Commerce Code § 272 prohibits a construction contract, or an agreement collateral to or affecting the construction contract, from containing a provision making the contract or agreement, or any conflict arising under the contract or agreement, subject to another state’s law, litigation in the courts of another state, or arbitration in another state. If included in Texas construction contracts, such provisions are voidable by a party obligated by the contract or agreement to perform the work. By submission of this proposal, Vendor acknowledges this law and if Vendor enters into a construction contract with a Texas TIPS Member under this procurement, Vendor certifies compliance. 4 7 Required Confidentiality Claim Form This is a requirement of the TIPS Contract and is non-negotiable. TIPS provides the required TIPS Confidentiality Claim Form in the "Attachments" section of this solicitation. Vendor must execute this form by either signing and waiving any confidentiality claim, or designating portions of Vendor's proposal confidential. If Vendor considers any portion of Vendor's proposal to be confidential and not subject to public disclosure pursuant to Chapter 552 Texas Gov’t Code or other law(s) and orders, Vendor must have identified the claimed confidential materials through proper execution of the Confidentiality Claim Form. If TIPS receives a public information act or similar request, any responsive documentation not deemed confidential by you in this manner will be automatically released. For Vendor documents deemed confidential by you in this manner, TIPS will follow procedures of controlling statute(s) regarding any claim of confidentiality and shall not be liable for any release of information required by law, including Attorney General determination and opinion. Notwithstanding any other Vendor designation of Vendor's proposal as confidential or proprietary, Vendor’s submission of this proposal constitutes Vendor’s agreement that proper execution of the required TIPS Confidentiality Claim Form is the only way to assert any portion of Vendor's proposal as confidential. Vendor: APG Technology 230105Page 13 of 34 pages 4 8 Non-Discrimination Statement and Certification This is a requirement of the TIPS Contract and is non-negotiable. In accordance with Federal civil rights law, all U.S. Departments, including but not limited to the USDA, USDE, FEMA, are prohibited from discriminating based on race, color, national origin, religion, sex, gender identity (including gender expression), sexual orientation, disability, age, marital status, family/parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for prior civil rights activity, in any program or activity conducted or funded by federal funds (not all bases apply to all programs). Vendor certifies that Vendor will comply with applicable Non-Discrimination and Equal Opportunity provisions set forth in TIPS Member Customers’ policies and other regulations at the local, state, and federal levels of governments. Yes, I certify (Yes) 4 9 Limitation of Vendor Indemnification and Similar Clauses This is a requirement of the TIPS Contract and is non-negotiable. TIPS, a department of Region 8 Education Service Center, a political subdivision, and local government entity of the State of Texas, is prohibited from indemnifying third-parties (pursuant to the Article 3, Section 52 of the Texas Constitution) except as otherwise specifically provided for by law or as ordered by a court of competent jurisdiction. Article 3, Section 52 of the Texas Constitution states that "no debt shall be created by or on behalf of the State … " and the Texas Attorney General has opined that a contractually imposed obligation of indemnity creates a "debt" in the constitutional sense. Tex. Att'y Gen. Op. No. MW-475 (1982). Thus, contract clauses which require TIPS to indemnify Vendor, pay liquidated damages, pay attorney's fees, waive Vendor's liability, or waive any applicable statute of limitations must be deleted or qualified with ''to the extent permitted by the Constitution and Laws of the State of Texas." Does Vendor agree? Yes, I Agree (Yes) 5 0 Alternative Dispute Resolution Limitations This is a requirement of the TIPS Contract and is non-negotiable. TIPS, a department of Region 8 Education Service Center, a political subdivision, and local government entity of the State of Texas, does not agree to binding arbitration as a remedy to dispute and no such provision shall be permitted in this Agreement with TIPS. Vendor agrees that any claim arising out of or related to this Agreement, except those specifically and expressly waived or negotiated within this Agreement, may be subject to non-binding mediation at the request of either party to be conducted by a mutually agreed upon mediator as prerequisite to the filing of any lawsuit arising out of or related to this Agreement. Mediation shall be held in either Camp or Titus County, Texas. Agreements reached in mediation will be subject to the approval by the Region 8 ESC's Board of Directors, authorized signature of the Parties if approved by the Board of Directors, and, once approved by the Board of Directors and properly signed, shall thereafter be enforceable as provided by the laws of the State of Texas. Does Vendor agree? Yes Vendor: APG Technology 230105Page 14 of 34 pages 5 1 No Waiver of TIPS Immunity This is a requirement of the TIPS Contract and is non-negotiable. Vendor agrees that nothing in this Agreement shall be construed as a waiver of sovereign or government immunity; nor constitute or be construed as a waiver of any of the privileges, rights, defenses, remedies, or immunities available to Region 8 Education Service Center or its TIPS Department. The failure to enforce, or any delay in the enforcement, of any privileges, rights, defenses, remedies, or immunities available to Region 8 Education Service Center or its TIPS Department under this Agreement or under applicable law shall not constitute a waiver of such privileges, rights, defenses, remedies, or immunities or be considered as a basis for estoppel. Does Vendor agree? Yes, Vendor agrees (Yes) 5 2 Payment Terms and Funding Out Clause This is a requirement of the TIPS Contract and is non-negotiable. Vendor agrees that TIPS and TIPS Members shall not be liable for interest or late-payment fees on past-due balances at a rate higher than permitted by the laws or regulations of the jurisdiction of the TIPS Member. Funding-Out Clause: Vendor agrees to abide by the applicable laws and regulations, including but not limited to Texas Local Government Code § 271.903, or any other statutory or regulatory limitation of the jurisdiction of any TIPS Member, which requires that contracts approved by TIPS or a TIPS Member are subject to the budgeting and appropriation of currently available funds by the entity or its governing body. Does Vendor agree? Yes, Vendor agrees (Yes) 5 3 Certification Regarding Prohibition of Certain Terrorist Organizations (Tex. Gov. Code 2270) Vendor certifies that Vendor is not a company identified on the Texas Comptroller’s list of companies known to have contracts with, or provide supplies or services to, a foreign organization designated as a Foreign Terrorist Organization by the U.S. Secretary of State. Does Vendor certify? Yes 5 4 Certification Regarding Prohibition of Boycotting Israel (Tex. Gov. Code 2271) If (a) Vendor is not a sole proprietorship; (b) Vendor has ten (10) or more full-time employees; and (c) this Agreement or any agreement with a TIPS Member under this procurement has value of $100,000 or more, the following certification shall apply; otherwise, this certification is not required. Vendor certifies, where applicable, that neither the Vendor, nor any affiliate, subsidiary, or parent company of Vendor, if any, boycotts Israel, and Vendor agrees that Vendor and Vendor Companies will not boycott Israel during the term of this Agreement. For purposes of this Agreement, the term “boycott” shall mean and include refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory but does not include an action made for ordinary business purposes. When applicable, does Vendor certify? Yes Vendor: APG Technology 230105Page 15 of 34 pages 5 5 Certification Regarding Prohibition of Contracts with Certain Foreign-Owned Companies (Tex. Gov. Code 2274) Certain public entities are prohibited from entering into a contract or other agreement relating to critical infrastructure that would grant Vendor direct or remote access to or control of critical infrastructure in this state, excluding access specifically allowed by a customer for product warranty and support purposes. Vendor certifies that neither it nor its parent company nor any affiliate of Vendor or its parent company, is (1) owned by or the majority of stock or other ownership interest of the company is held or controlled by individuals who are citizens of China, Iran, North Korea, Russia, or a designated country; (2) a company or other entity, including governmental entity, that is owned or controlled by citizens of or is directly controlled by the government of China, Iran, North Korea, Russia, or a designated country; or (3) headquartered in China, Iran, North Korea, Russia, or a designated country. For purposes of this certification, “critical infrastructure” means “a communication infrastructure system, cybersecurity system, electric grid, hazardous waste treatment system, or water treatment facility.” Vendor certifies that Vendor will not grant direct or remote access to or control of critical infrastructure, except for product warranty and support purposes, to prohibited individuals, companies, or entities, including governmental entities, owned, controlled, or headquartered in China, Iran, North Korea, Russia, or a designated country, as determined by the Governor. When applicable, does Vendor certify? Yes Vendor: APG Technology 230105Page 16 of 34 pages 5 6 Certification Regarding Prohibition of Discrimination Against Firearm and Ammunition Industries (Tex. Gov. Code 2274) If (a) Vendor is not a sole proprietorship; (b) Vendor has at least ten (10) full-time employees; and (c) this Agreement or any Supplemental Agreement with certain public entities have a value of at least $100,000 that is paid wholly or partly from public funds; (d) the Agreement is not excepted under Tex. Gov. Code 2274 and (e) the purchasing public entity has determined that Vendor is not a sole-source provider or the purchasing public entity has not received any bids from a company that is able to provide this written verification, the following certification shall apply; otherwise, this certification is not required. Vendor certifies that Vendor, or association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or limited liability company, including a wholly owned subsidiary, majority-owned subsidiary parent company, or affiliate of these entities or associations, that exists to make a profit, does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association and will not discriminate during the term of this contract against a firearm entity or firearm trade association. For purposes of this Agreement, “discriminate against a firearm entity or firearm trade association” shall mean, with respect to the entity or association, to: “(1) refuse to engage in the trade of any goods or services with the entity or association based solely on its status as a firearm entity or firearm trade association; (2) refrain from continuing an existing business relationship with the entity or association based solely on its status as a firearm entity or firearm trade association; or (3) terminate an existing business relationship with the entity or association based solely on its status as a firearm entity or firearm trade association.” “Discrimination against a firearm entity or firearm trade association” does not include: “(1) the established policies of a merchant, retail seller, or platform that restrict or prohibit the listing or selling of ammunition, firearms, or firearm accessories; and (2) a company’s refusal to engage in the trade of any goods or services, decision to refrain from continuing an existing business relationship, or decision to terminate an existing business relationship to comply with federal, state, or local law, policy, or regulations or a directive by a regulatory agency, or for any traditional business reason that is specific to the customer or potential customer and not based solely on an entity’s or association’s status as a firearm entity or firearm trade association.” When applicable, does Vendor certify? Yes Vendor: APG Technology 230105Page 17 of 34 pages 5 7 Certification Regarding Termination of Contract for Non-Compliance (Tex. Gov. Code 552.374) If Vendor is not a governmental body and (a) this Agreement or any Supplemental Agreement with a public entity has a stated expenditure of at least $1 million in public funds for the purchase of goods or services by certain public entities; or (b) this Agreement or any Supplemental Agreement results in the expenditure of at least $1 million in public funds for the purchase of goods or services by certain public entities in their fiscal year, the following certification shall apply; otherwise, this certification is not required. As required by Tex. Gov. Code 552.374, the following statement is included in the RFP and the Agreement (unless the Agreement is (1) related to the purchase or underwriting of a public security; (2) is or may be used as collateral on a loan; or (3) proceeds from which are used to pay debt service of a public security of loan): “The requirements of Subchapter J, Chapter 552, Government Code, may apply to this solicitation and Agreement and the Vendor agrees that this Agreement and any applicable Supplemental Agreement can be terminated if Vendor knowingly or intentionally fails to comply with a requirement of that subchapter.” Pursuant to Chapter 552 of the Texas Government Code, Vendor certifies that Vendor shall: (1) preserve all contracting information related to this Agreement as provided by the records retention requirements applicable to TIPS or the purchasing TIPS Member for the duration of the Agreement; (2) promptly provide to TIPS or the purchasing TIPS Member any contracting information related to the Agreement that is in the custody or possession of Vendor on request of TIPS or the purchasing TIPS Member; and (3) on completion of the Agreement, either (a) provide at no cost to TIPS or the purchasing TIPS Member all contracting information related to the Agreement that is in the custody or possession of Vendor, or (b) preserve the contracting information related to the Agreement as provided by the records retention requirements applicable to TIPS or the purchasing TIPS Member. When applicable, does Vendor certify? Yes Vendor: APG Technology 230105Page 18 of 34 pages 5 8 Certification Regarding Prohibition of Boycotting Certain Energy Companies (Tex. Gov. Code 2274) If (a) Vendor is not a sole proprietorship; (b) Vendor has ten (10) or more full-time employees; and (c) this Agreement or any Supplemental Agreement with certain public entities has a value of $100,000 or more that is to be paid wholly or partly from public funds, the following certification shall apply; otherwise, this certification is not required. Vendor certifies that Vendor, or any wholly owned subsidiary, majority-owned subsidiary, parent company, or affiliate of these entities or business associations, if any, do not boycott energy companies and will not boycott energy companies during the term of the Agreement or any applicable Supplemental Agreement. For purposes of this certification the term “company” shall mean an organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or limited liability company, that exists to make a profit. The term “boycott energy company” shall mean “without an ordinary business purpose, refusing to deal with, terminating business activities with, or otherwise taking any action intended to penalize, inflict economic harm on, or limit commercial relations with a company because the company (a) engages in the exploration, production, utilization, transportation, sale, or manufacturing of fossil fuel-based energy and does not commit or pledge to meet environmental standards beyond applicable federal and state law, or (b) does business with a company described by paragraph (a).” (See Tex. Gov. Code 809.001). When applicable, does Vendor certify? Yes 5 9 Felony Conviction Notice - Texas Education Code 44.034 Texas Education Code, Section 44.034, Notification of Criminal History, Subsection (a), states, "a person or business entity that enters into a contract with a school district must give advance notice to the district if the person or an owner or operator of the business entity has been convicted of a felony. The notice must include a general description of the conduct resulting in the conviction of a felony.” Subsection (b) states, "a school district may terminate a contract with a person or business entity if the district determines that the person or business entity failed to give notice as required by Subsection (a) or misrepresented the conduct resulting in the conviction. The district must compensate the person or business entity for services performed before the termination of the contract.” Subsection (c) states, "This section does not apply to a publicly held corporation. Vendor certifies one of the following: A. My firm is a publicly held corporation; therefore, this reporting requirement is not applicable, or; B. My firm is not owned nor operated by anyone who has been convicted of a felony, or; C. My firm is owned or operated by the following individual(s) who has/have been convicted of a felony. If Vendor responds with Option (C), Vendor is required to provide information in the next attribute. B. My firm is not owned nor operated by felon. Vendor: APG Technology 230105Page 19 of 34 pages 6 0 Felony Conviction Notice - Texas Education Code 44.034 - Continued If Vendor selected Option (C) in the previous attribute, Vendor must provide the following information herein: 1. Name of Felon(s) 2. The Felon(s) title/role in Vendor's entity, and 3. Details of Felon(s) Conviction(s). No response 6 1 Conflict of Interest Questionnaire Requirement Vendor agrees that it has looked up, read, and understood the current version of Texas Local Government Code Chapter 176 which generally requires disclosures of conflicts of interests by Vendor hereunder if Vendor: (1) has an employment or other business relationship with a local government officer of our local governmental entity, or a family member of the officer, described by Section 176.003(a)(2)(A); (2) has given a local government officer of our local governmental entity, or a family member of the officer, one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B), excluding any gift described by Section 176.003(a-1); or (3) has a family relationship with a local government officer of our local governmental entity. (4) Any other financial, commercial, or familial relationship with our local government that may warrant reporting under this statute. Does Vendor certify that it has NO reportable conflict of interest? Yes 6 2 Conflict of Interest Questionnaire Requirement - Form CIQ - Continued If you responded "No, Vendor does not certify - VENDOR HAS CONFLICT" to the Conflict of Interest Questionnaire question above, you are required by law to fully execute and upload the form attachment entitled "Conflict of Interest Questionnaire - Form CIQ." If you accurately claimed no conflict above, you may disregard the form attachment entitled "Conflict of Interest Questionnaire - Form CIQ." Have you uploaded this form if applicable? Not Applicable 6 3 Upload of Current W-9 Required Vendors are required by TIPS to upload a current, accurate W-9 Internal Revenue Service (IRS) Tax Form for your entity. This form will be utilized by TIPS to properly identify your entity. You must confirm that you are responding to this solicitation under your legal entity name. Go now to your Supplier Profile in this eBid System and confirm that your profile reflects your "Legal Name" as it is listed on your W9. 6 4 Regulatory Good Standing Certification Does Vendor certify that its entity is in good standing will all government entities and agencies, whether local, state, or federal, that regulate any aspect of Vendor's field of work or business operations? If Vendor selects "No", Vendor must provide explanation on the following attribute question. Yes Vendor: APG Technology 230105Page 20 of 34 pages 6 5 Regulatory Good Standing Certification - Explanation - Continued If Vendor responded to the prior attribute that "No", Vendor is not in good standing, Vendor must provide an explanation of that lack of good standing here for TIPS consideration. No response 6 6 Instructions Only - Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Instructions for Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion 1. By answering yes to the next Attribute question below, the vendor and prospective lower tier participant is providing the certification set out herein in accordance with these instructions. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification in addition to other remedies available to the federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension and / or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms “covered transaction,” “debarred,” “suspended,” “ineligible,” “lower tier covered transaction,” “participants,” “person,” “primary covered transaction,” “principal,” “proposal” and “voluntarily excluded,” as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this form that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this form that it will include this clause titled “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction” without modification in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible or voluntarily excluded from participation in this transaction, in addition to other remedies available to the federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension and / or debarment. Vendor: APG Technology 230105Page 21 of 34 pages 6 7 Suspension or Debarment Certification Read the instructions in the attribute above and then answer the following accurately. Vendor certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. Does Vendor certify? Yes 6 8 Vendor Certification of Criminal History - Texas Education Code Chapter 22 Texas Education Code Chapter 22 requires entities that contract with school districts to provide services to obtain criminal history record information regarding covered employees. Contractors must certify to the district that they have complied. Covered employees with disqualifying criminal histories are prohibited from serving at a school district pursuant to this law. DEFINITIONS Covered employees: Employees of a contractor or subcontractor who have or will have continuing duties related to the service to be performed at the District and have or will have direct contact with students. The District will be the final arbiter of what constitutes direct contact with students. Disqualifying criminal history: Any conviction or other criminal history information designated by the District, or one of the following offenses, if at the time of the offense, the victim was under 18 or enrolled in a public school: (a) a felony offense under Title 5, Texas Penal Code; (b) an offense for which a defendant is required to register as a sex offender under Chapter 62, Texas Code of Criminal Procedure; or (c) an equivalent offense under federal law or the laws of another state. Vendor certifies: NONE (Section A): None of the employees of Vendor and any subcontractors are covered employees, as defined above. If this box is checked, I further certify that Contractor has taken precautions or imposed conditions to ensure that the employees of Vendor and any subcontractor will not become covered employees. Contractor will maintain these precautions or conditions throughout the time the contracted services are provided under this procurement. OR SOME (Section B): Some or all of the employees of Vendor and any subcontractor are covered employees. If this box is checked, I further certify that: (1) Vendor has obtained all required criminal history record information regarding its covered employees. None of the covered employees has a disqualifying criminal history; (2) If Vendor receives information that a covered employee subsequently has a reported criminal history, Vendor will immediately remove the covered employee from contract duties and notify the purchasing entity in writing within 3 business days; (3) Upon request, Vendor will provide the purchasing entity with the name and any other requested information of covered employees so that the purchasing entity may obtain criminal history record information on the covered employees; (4) If the purchasing entity objects to the assignment of a covered employee on the basis of the covered employee's criminal history record information, Vendor agrees to discontinue using that covered employee to provide services at the purchasing entity. Which option does Vendor certify? None Vendor: APG Technology 230105Page 22 of 34 pages 6 9 Certification Regarding "Choice of Law" Terms with TIPS Members Vendor agrees that if any "Choice of Law" provision is included in any sales agreement/contract between Vendor and a TIPS Member, that clause must provide that the "Choice of Law" applicable to the sales agreement/contract between Vendor and TIPS Member shall be the state where the TIPS Member operates unless the TIPS Member expressly agrees otherwise. Any TIPS Sale Supplemental Agreement containing a "Choice of Law" clause that conflicts with these terms is rendered void and unenforceable. If Vendor disagrees, after this solicitation legally closes and TIPS begins evaluating Vendor's file, TIPS will provide Vendor with a draft Word Document version of the Vendor Agreement and will be instructed to include all requested negotiations as redline edits for TIPS consideration. Does Vendor agree? Yes 7 0 Certification Regarding "Venue" Terms with TIPS Members Vendor agrees that if any "Venue" provision is included in any sales agreement/contract between Vendor and a TIPS Member, that clause must provide that the "Venue" for any litigation or alternative dispute resolution is shall be in the state and county where the TIPS Member operates unless the TIPS Member expressly agrees otherwise. Any TIPS Sale Supplemental Agreement containing a "Venue" clause that conflicts with these terms is rendered void and unenforceable. If Vendor disagrees, after this solicitation legally closes and TIPS begins evaluating Vendor's file, TIPS will provide Vendor with a draft Word Document version of the Vendor Agreement and will be instructed to include all requested negotiations as redline edits for TIPS consideration. Does Vendor agree? Yes 7 1 Certification Regarding "Automatic Renewal" Terms with TIPS Members Vendor agrees that no TIPS Sale may incorporate an "Automatic Renewal" clause that exceeds month to month terms with which the TIPS Member must comply. All renewal terms incorporated into a TIPS Sale Supplemental Agreement shall only be valid and enforceable when Vendor received written confirmation of acceptance of the renewal term from the TIPS Member for the specific renewal term. The purpose of this clause is to avoid a TIPS Member inadvertently renewing a Supplemental Agreement during a period in which the governing body of the TIPS Member has not properly appropriated and budgeted the funds to satisfy the Agreement renewal. Any TIPS Sale Supplemental Agreement containing an "Automatic Renewal" clause that conflicts with these terms is rendered void and unenforceable. If Vendor disagrees, after this solicitation legally closes and TIPS begins evaluating Vendor's file, TIPS will provide Vendor with a draft Word Document version of the Vendor Agreement and will be instructed to include all requested negotiations as redline edits for TIPS consideration. Does Vendor agree? Yes Vendor: APG Technology 230105Page 23 of 34 pages 7 2 Certification Regarding "Indemnity" Terms with TIPS Members Texas and other jurisdictions restrict the ability of governmental entities to indemnify others. Vendor agrees that if any "Indemnity" provision which requires the TIPS Member to indemnify Vendor is included in any sales agreement/contract between Vendor and a TIPS Member, that clause must either be stricken or qualified by including that such indemnity is only permitted, "to the extent permitted by the laws and constitution of [TIPS Member's State]" unless the TIPS Member expressly agrees otherwise. Any TIPS Sale Supplemental Agreement containing an "Indemnity" clause that conflicts with these terms is rendered void and unenforceable. If Vendor disagrees, after this solicitation legally closes and TIPS begins evaluating Vendor's file, TIPS will provide Vendor with a draft Word Document version of the Vendor Agreement and will be instructed to include all requested negotiations as redline edits for TIPS consideration. Does Vendor agree? Yes 7 3 Certification Regarding "Arbitration" Terms with TIPS Members Vendor agrees that if any "Arbitration" provision is included in any TIPS Sale agreement/contract between Vendor and a TIPS Member, that clause may not require that the arbitration is mandatory or binding. Vendor agrees that if any "Arbitration" provision is included in any TIPS Sale agreement/contract between Vendor and a TIPS Member, that clause provides for only voluntary and non-binding arbitration unless the TIPS Member expressly agrees otherwise. Any TIPS Sale Supplemental Agreement containing a “Arbitration” clause that conflicts with these terms is rendered void and unenforceable. If Vendor disagrees, after this solicitation legally closes and TIPS begins evaluating Vendor's file, TIPS will provide Vendor with a draft Word Document version of the Vendor Agreement and will be instructed to include all requested negotiations as redline edits for TIPS consideration. Does Vendor agree? Yes 7 4 2 CFR PART 200 AND FEDERAL CONTRACT PROVISIONS EXPLANATION TIPS and TIPS Members will sometimes seek to make purchases with federal funds. In accordance with 2 C.F.R. Part 200 of the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (sometimes referred to as “EDGAR”),Vendor's response to the following questions labeled "2 CFR Part 200 or Federal Provision" will indicate Vendor's willingness and ability to comply with certain requirements which may be applicable to TIPS purchases paid for with federal funds, if accepted by Vendor. Your responses to the following questions labeled "2 CFR Part 200 or Federal Provision" will dictate whether TIPS can list this awarded contract as viable to be considered for a federal fund purchase. Failure to certify all requirements labeled "2 CFR Part 200 or Federal Provision" will mean that your contract is listed as not viable for the receipt of federal funds. However, it will not prevent award. If you do enter into a TIPS Sale when you are accepting federal funds, the contract between you and the TIPS Member will likely require these same certifications. Vendor: APG Technology 230105Page 24 of 34 pages 7 5 2 CFR Part 200 or Federal Provision - Vendor Willingness to Accept Federal Funds This certification is not required by federal law. However, TIPS Members are public entities and qualifying non- profits which often receive federal funding and grants (ESSER, CARES Act, EDGAR, etc.) Accepting such funds often requires additional required certifications and responsibilities for Vendor. The following attribute questions include these required certifications. Your response to this questions, the following certifications, and other factors will determine whether your contract award will be deemed as eligible for federal fund expenditures by TIPS Members. If awarded, is Vendor willing to accept payment for goods and services offered under this contract paid for by a TIPS Member with federal funds? Yes 7 6 2 CFR Part 200 or Federal Provision - Contracts Contracts for more than the simplified acquisition threshold currently set at $250,000 (2 CFR § 200.320), which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. Notice: Pursuant to the above, when federal funds are expended by ESC Region 8 and TIPS Members, ESC Region 8 and TIPS Members reserve all rights and privileges under the applicable laws and regulations with respect to this procurement in the event of breach of contract by either party. Does vendor agree? Yes 7 7 2 CFR Part 200 or Federal Provision - Termination Termination for cause and for convenience by the grantee or subgrantee including the manner by which it will be effected and the basis for settlement. (All contracts in excess of $10,000) Pursuant to the above, when federal funds are expended by ESC Region 8 and TIPS Members, ESC Region 8 and TIPS Members reserve the right to terminate any agreement in excess of $10,000 resulting from this procurement process for cause after giving the vendor an appropriate opportunity and up to 30 days, to cure the causal breach of terms and conditions. ESC Region 8 and TIPS Members reserve the right to terminate any agreement in excess of $10,000 resulting from this procurement process for convenience with 30 days notice in writing to the awarded vendor. The Vendor would be compensated for work performed and goods procured as of the termination date if for convenience of the ESC Region 8 and TIPS Members. Any award under this procurement process is not exclusive and the ESC Region 8 and TIPS reserves the right to purchase goods and services from other vendors when it is in the best interest of the ESC Region 8 and TIPS. Does vendor agree? Yes Vendor: APG Technology 230105Page 25 of 34 pages 7 8 2 CFR Part 200 or Federal Provision - Clean Air Act Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended—Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). Pursuant to the Clean Air Act, et al above, when federal funds are expended by ESC Region 8 and TIPS Members, ESC Region 8 and TIPS Members require that the proposer certify that during the term of an award by the ESC Region 8 and TIPS Members resulting from this procurement process the vendor agrees to comply with all of the above regulations, including all of the terms listed and referenced therein. Does vendor agree? Yes 7 9 2 CFR Part 200 or Federal Provision - Byrd Anti-Lobbying Amendment Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. Pursuant to the above, when federal funds are expended by ESC Region 8 and TIPS Members, ESC Region 8 and TIPS Members require the proposer certify that during the term and during the life of any contract with ESC Region 8 and TIPS Members resulting from this procurement process the vendor certifies that it is in compliance with all applicable provisions of the Byrd Anti-Lobbying Amendment (31 U.S.C. 1352). Does Vendor agree? Yes Vendor: APG Technology 230105Page 26 of 34 pages 8 0 2 CFR Part 200 or Federal Provision - Byrd Anti-Lobbying Amendment - Continued Applicable to Grants, Subgrants, Cooperative Agreements, and Contracts Exceeding $100,000 in Federal Funds Submission of this certification is a prerequisite for making or entering into this transaction and is imposed by the Byrd Anti-Lobbying Amendment (31 U.S.C. 1352). This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. 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 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 any agency, a Member of Congress, an officer or employee of congress, or an employee of a Member of Congress in connection with the awarding of a Federal contract, the making of a Federal grant, the making of a Federal loan, the entering into a cooperative agreement, and the extension, continuation, renewal, amendment, or modification of a Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “disclosure Form to Report Lobbying,” in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all covered subawards exceeding $100,000 in Federal funds at all appropriate tiers and that all subrecipients shall certify and disclose accordingly. Does Vendor certify that it has NOT lobbied as described herein? Yes 8 1 2 CFR Part 200 or Federal Provision - Byrd Anti-Lobbying Amendment - Continued If you answered "No, Vendor does not certify - Lobbying to Report" to the above attribute question, you must download, read, execute, and upload the attachment entitled "Disclosure of Lobbying Activities - Standard Form - LLL", as instructed, to report the lobbying activities you performed or paid others to perform. 8 2 2 CFR Part 200 or Federal Provision - Federal Rule Compliance with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C. 1857(h)), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15). (Contracts, subcontracts, and subgrants of amounts in excess of $100,000) Pursuant to the above, when federal funds are expended by ESC Region 8 and TIPS Members, ESC Region 8 and TIPS Members requires the proposer certify that in performance of the contracts, subcontracts, and subgrants of amounts in excess of $250,000, the vendor will be in compliance with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C. 1857(h)), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15). Does vendor certify compliance? Yes Vendor: APG Technology 230105Page 27 of 34 pages 8 3 2 CFR Part 200 or Federal Provision - Procurement of Recovered Materials A non-Federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include: (1) procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; (2) procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. Does vendor certify that it is in compliance with these provisions? Yes 8 4 2 CFR Part 200 or Federal Provision - Rights to Inventions If the Federal award meets the definition of “funding agreement” under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. Pursuant to the above, when the foregoing applies to ESC Region 8 and TIPS Members, Vendor certifies that during the term of an award resulting from this procurement process, Vendor agrees to comply with all applicable requirements as referenced in the Federal rule above. Does vendor certify? Yes Vendor: APG Technology 230105Page 28 of 34 pages 8 5 2 CFR Part 200 or Federal Provision - Domestic Preferences for Procurements and Compliance with Buy America Provisions As appropriate and to the extent consistent with law, TIPS Member Customers, to the greatest extent practicable under a Federal award, may 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). Vendor agrees that the requirements of this section will be included in all subawards including all contracts and purchase orders for work or products under this award, to the greatest extent practicable under a Federal award. For purposes of 2 CFR Part 200.322, “Produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stag through the application of coatings, occurred in the United States. Moreover, for purposes of 2 CFR Part 200.322, “Manufactured products” means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum, plastics and polymer-based products such as polyvinyl chloride pipe, aggregates such as concrete, glass, including optical fiber, and lumber. Vendor certifies that it is in compliance with all applicable provisions of the Buy America Act. Purchases made in accordance with the Buy America Act must still follow the applicable procurement rules calling for free and open competition. For purposes of 2 CFR Part 200.322, “Produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. “Manufactured products” means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. Pursuant to the above, when federal funds are expended by ESC Region 8 and TIPS Members, Vendor certifies that to the greatest extent practicable Vendor will 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). Does Vendor Certify? Yes Vendor: APG Technology 230105Page 29 of 34 pages 8 6 2 CFR Part 200 or Federal Provision - Ban on Foreign Telecommunications ESC 8 and TIPS Members are prohibited from obligating or expending Federal financial assistance, to include loan or grant funds, to: (1) procure or obtain, (2) extend or renew a contract to procure or obtain, or (3) enter into a contract (or extend or renew a contract) to procure or obtain, equipment, services, or systems that use “covered telecommunications” equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. “Covered telecommunications” equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities), and physical security surveillance of critical infrastructure and other national security purposes, and video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities) for the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes detailed in 2 CFR § 200.216. Pursuant to the above, when federal funds are expended by ESC Region 8 and TIPS Members, Vendor certifies that Vendor will not purchase equipment, services, or systems that use “covered telecommunications”, as defined by 2 CFR §200.216 equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Does vendor certify? Yes 8 7 2 CFR Part 200 or Federal Provision - Contract Cost & Price For contracts more than the simplified acquisition threshold currently set at $250,000, a TIPS Member may, in very rare circumstances, be required to negotiate profit as a separate element of the price pursuant to 2 C.F.R. 200.324(b). Under those circumstances, Vendor agrees to provide information and negotiate with the TIPS Member regarding profit as a separate element of the price. However, Vendor certifies that the total price charged by the Vendor shall not exceed the Vendor’s TIPS pricing and pricing terms proposed. Does Vendor certify? Yes 8 8 2 CFR Part 200 or Federal Provision - Equal Employment Opportunity Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” Pursuant to the above, when federal funds are expended by ESC Region 8 and TIPS Members on any federally assisted construction contract, the equal opportunity clause is incorporated by reference here. Does Vendor Certify? Yes Vendor: APG Technology 230105Page 30 of 34 pages 8 9 2 CFR Part 200 or Federal Provision - Davis Bacon Act Compliance Texas Statute requires compliance with Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146- 3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non- Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. Pursuant to state and federal requirements, Vendor certifies that it will be in compliance with all applicable Davis-Bacon Act provisions if/when applicable. Does Vendor certify? Yes 9 0 2 CFR Part 200 or Federal Provision - Contract Work Hours and Safety Standards Where applicable, all contracts awarded by ESC 8 and TIPS Members in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. Pursuant to the above, when federal funds are expended by ESC Region 8 and TIPS Members, Vendor certifies that during the term of an award for all contracts resulting from this procurement process, Vendor will be in compliance with all applicable provisions of the Contract Work Hours and Safety Standards Act. Does Vendor certify? Yes Vendor: APG Technology 230105Page 31 of 34 pages 9 1 2 CFR Part 200 or Federal Provision - FEMA Fund Certification & Certification of Access to Records If and when Vendor accepts a TIPS purchase paid for in full or part with FEMA funds, Vendor certifies that: (1) Vendor agrees to provide the TIPS Member, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to and rights to reproduce any books, documents, papers, and records of the Contractor which are directly pertinent to this contract, or any contract resulting from this procurement, for the purposes of making audits, examinations, excerpts, and transcriptions. This right also includes timely and reasonable access to Vendor's personnel for the purpose of interview and discussion relating to such documents. Vendor agrees to provide the FEMA Administrator or an authorized representatives access to construction or other work sites pertaining to the work being completed under the contract. Vendor acknowledges and agrees that no language in this contract or the contract with the TIPS Member is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States. (2) The Vendor shall not use the Department of Homeland Security’s seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre-approval. (3) The Vendor will comply with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives. (4) The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non-Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. (5) The Vendor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the Vendor’s actions pertaining to this contract. Does Vendor certify? Yes, Vendor certifies 9 2 2 CFR Part 200 or Federal Provision - Certification of Compliance with the Energy Policy and Conservation Act When appropriate and to the extent consistent with the law, Vendor certifies that it will comply with the Energy Policy and Conservation Act (42 U.S.C. 6321 et seq; 49 C.F.R. Part 18) and any state mandatory standards and policies relating to energy efficiency which are contained in applicable state energy conservation plans issued in compliance with the Act. Does Vendor certify? Yes Vendor: APG Technology 230105Page 32 of 34 pages 9 3 2 CFR Part 200 or Federal Provision - Certification of Compliance with Never Contract with the Enemy Where applicable, all contracts awarded by ESC 8 and TIPS Members in excess of $50,000.00, within the period of performance, and which are performed outside of the United States, including U.S. territories, are subject to the regulations implementing Never Contract with the Enemy in 2 CFR part 183. Per 2 CFR part 183, in the situation specified, ESC 8 and TIPS Members shall terminate any contract or agreement resulting from this procurement which violates the Never Contract with the Enemy regulation in 2 CFR part 183, including if Vendor is actively opposing the United States or coalition forces involved in a contingency operation in which members of the the Armed Forces are actively engaged in hostilities. Vendor certifies that it is neither an excluded entity under the System for Award Management (SAM) nor Federal Awardee Performance and Integrity Information System (FAPIIS) for any contract terminated due to Never Contract with the Enemy as a Termination for Material Failure to Comply. Does Vendor certify? Yes 9 4 2 CFR Part 200 or Federal Provision - Certification of Compliance with EPA Regulations For contracts resulting from this procurement, in excess of $100,000.00 and paid for with federal funds, Vendor certifies that Vendor will comply with all applicable standards, orders, regulations, and/or requirements issued pursuant to the Clean Air Act of 1970, as amended (42 U.S.C. 1857(h)), Section 508 of the Clean Water Act, as amended (33 U.S.C. 1368), Executive Order 117389 and Environmental Protection Agency Regulation, 40 CFR Part 15. Does Vendor certify? Yes 9 5 2 CFR Part 200 or Federal Provision - Record Retention Requirements For contracts resulting from this procurement, paid for by ESC 8 or TIPS Members with federal funds, Vendor certifies that Vendor will comply with the record retention requirements detailed in 2 CFR § 200.334. Vendor certifies that Vendor will retain all records as required by 2 CFR § 200.334 for a period of three years after final expenditure or financial reports, as applicable, and all other pending matters are closed. Does Vendor certify? Yes 9 6 2 CFR Part 200 or Federal Provision - Subcontracting and Affirmative Steps for Small and Minority Businesses, Women's Business Enterprises, and Labor Surplus Area Firms. Do you ever anticipate the possibility of subcontracting any of your work under this award if you are successful? If you respond "Yes", you must respond to the following attribute question accurately. If you respond "No", you may skip the following attribute question. Yes Vendor: APG Technology 230105Page 33 of 34 pages 9 7 2 CFR Part 200 or Federal Provision - If "Yes" Response to Above Attribute - Continued - Subcontracting and Affirmative Steps for Small and Minority Businesses, Women's Business Enterprises, and Labor Surplus Area Firms. Only respond to this question if you responded "Yes" to the attribute question directly above. Skip this question if you responded "No" to the attribute question directly above. Does Vendor certify that it will follow the following affirmative steps? Federal Regulation 2 CFR §200.321 Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms. (a)The non-Federal entity must take all necessary affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used when possible. (b) Affirmative steps must include: (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; (4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; (5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce ; and (6) Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs(1) through (5) of this section. Does Vendor certify? Yes 9 8 ACKNOWLEDGMENT & BINDING CORPORATE AUTHORITY By submitting this proposal, the individual(s) submitting on behalf of the Vendor certify that they are authorized by Vendor to complete and submit this proposal on behalf of Vendor and that this proposal was duly submitted on behalf of Vendor by authority of its governing body, if any, and within the scope of its corporate powers. Vendor further certifies that it has read, examined, and understands all portions of this solicitation including but not limited to all attribute questions, attachments, solicitation documents, bid notes, and the Vendor Agreement(s). Vendor certifies that, if necessary, Vendor has consulted with counsel in understanding all portions of this solicitation. Vendor: APG Technology 230105Page 34 of 34 pages TIPS 230105 Technology Solutions, Products, and Services APG Technology Customer Entity Name Customer Contact Name Valid Contact Email Valid Contact Phone Example: ABC University Director John Doe jdoe@abcuniverisity.edu 800-111- 2222 St. Petersburg Police Department Mary Watkins, Division Manager, ITS Mary.Watkins@stpete.org (727) 892-5534 Polk County Sheriff Department Chris Calabro, Network Communications Supervisor CCalabro@polksheriff.org (863) 298-3825 University of Central Florida. OIR Michael Ferry, Assistant Director, Instructional Technology Michael.Ferry@ucf.edu (407) 823-2571 Pasco Hernando State College Jeff Pruett, Assistant Director of Digital Communications pruettj@phsc.edu (727) 816-3393 TIPS REFERENCE FORM All requested information must be typed and uploaded in Excel format. Do not handwrite or upload in any format other than Excel. Emails provided must be current and active. Do not include TIPS/Region 8 employees as a reference. The entities that you provide must be paying customers, not affiliates/partners/manufacturers/resellers, etc. You must provide below at least three (3) references from three different entity customers, preferably government or non-profit entities, who have purchased goods or services from your vendor entity within the last three years. 7,36&2175$&7BBBBBBBBBBBBBBBBBBBB 5(48,5('&21),'(17,$/,7<&/$,0)250 (VENDOR MUST COMPLETE THE FOLLOWING VENDOR INFORMATION) Vendor Entity Name: _________________________________________________________________________________________ Vendor Authorized Signatory Name: _____________________________________________________________________________ Vendor Authorized Signatory Title: ______________________________________________________________________________ Vendor Authorized Signatory Email: _____________________________________________________________________________ Vendor Address: _____________________________________________________________________________________________ City: _______________________________________________________________ State: ____________ Zip Code: _____________ Vendor agrees that it is voluntarily providing its data (including but not limited to: Vendor information, Vendor documentation, Vendor’s proposal, Vendor pricing submitted or provided to TIPS, TIPS contract documents, TIPS correspondence, Vendor logos and images, Vendor’s contact information, Vendor’s brochures and commercial information, Vendor’s financial information, Vendor’s certifications, and any other Vendor information or documentation submitted to TIPS by Vendor and its agents) (Hereinafter, “Vendor Data”) to TIPS. Vendor understands and agrees that TIPS is a government entity subject to public information laws including but not limited to Texas Government Code (TGC) Chapter 552. Vendor agrees that regardless of confidentiality designations herein, Vendor’s submission of a proposal constitutes Vendor’s consent to the disclosure and release of Vendor’s Data and comprehensive proposal, including any information deemed confidential or proprietary herein, to and by TIPS Members. Notwithstanding the foregoing permissible release to TIPS Members, if Vendor considers any portion of Vendor’s proposal to be otherwise confidential and not subject to public disclosure pursuant to public information laws,including but not limited to TGC Chapter 552, Vendor must properly execute Option 1 only below, attach to this PDF all documents and information that Vendor deems confidential, and upload the consolidated documentation. Regardless of the Option selected below, this form must be completed and uploaded to the “Response Attachments” section of the eBid System entitled “Required Confidentiality Claim Form.” Execution and submission of this form is the sole indicator of whether Vendor considers any Vendor Data confidential in the event TIPS receives a request, a Public Information Request, or subpoena. If TIPS receives a request, any responsive documentation not deemed confidential by you through proper execution of Option 1 of this form will be automatically released. For information deemed confidential by you through proper execution of Option 1 of this form, TIPS will follow procedures of controlling statute(s) regarding withholding that documentation and shall not be liable for any release of information required by law, including Attorney General opinion or court order. (VENDOR MUST COMPLETE ONE OF THE TWO OPTIONS AND UPLOAD IN THE EBID SYSTEM) 237,21±'(6,*1$7,1*&21),'(17,$/ 0$7(5,$/6±<(69(1'25+$6 $77$&+(' &21),'(17,$/0$7(5,$/6 (Confirm each bullet point and sign below) ƒVendor claims some Vendor Data confidential to the extent permitted by TGC Chapter 552 and other applicable law. ƒVendor attached to this PDF all potentially confidential Vendor Data and listed the number of attached pages below. ƒVendor’s authorized signatory has signed below and shall upload this document in the proper location in the eBid System. ƒVendor agrees that TIPS shall not be liable for any release of confidential information required by law. Number of pages attached deemed confidential: ____________ Authorized Signature: ________________________________ 237,21±:$,9(52)&21),'(17,$/,7<±12 9(1'25+$6127$77$&+(' &21),'(17,$/ 0$7(5,$/6 (Confirm each bullet point and sign below) By signing for Option 2 below, Vendor expressly waives any confidentiality claim for all Vendor Data submitted in relation to this proposal and resulting contract. Vendor confirms that TIPS may freely release Vendor Data submitted in relation to this proposal or resulting contract to any requestor. Vendor agrees that TIPS shall not be responsible or liable for any use or distribution of Vendor Data by TIPS or TIPS Members. ƒVendor’s authorized signatory has signed below and shall upload this document in the proper location in the eBid System. ƒVendor agrees that TIPS shall not be liable for any release of confidential information required by law. Authorized Signature: _____________________________________________________ 230105 APG Technology Heather Callaway Vice President Technology heather.callaway@apg.company 4825 140th Avenue North Clearwater FL 32762 TIPS 230105 Technology Solutions, Products, and Services APG Technology Product Name Product #Description Units description - (each, dozen, hour, day, etc)MSRP or Catalog Pricing % Discount TIPS Price Example 1: Widget A 12345AB gadget part each $100.00 15.00%$85.00 Example 2: All Acme Product Line see Acme catalog located at www.Acme.com All Acme products available from our company see Acme catalog located at www.Acme.com 10.00% Example 3: All Acme Product Line Catalog pricing to be provided upon request All Acme products available from our company Catalog pricing to be provided upon request 10.00% Product Name Product #Description Units description - (each, dozen, hour, day, etc) MSRP or Catalog Pricing % Discount TIPS Price 3M Catalog pricing to be provided upon request All products available from our company $100.00 10.00%$90.00 Absen Catalog pricing to be provided upon request Billboard. Large Led Display. Digital Display. Led Billboards All products available from our company $100.00 10.00%$90.00 AKG Catalog pricing to be provided upon request Microphones, headphones, wireless audio systems, and other audio products All products available from our company $100.00 10.00%$90.00 AMX Catalog pricing to be provided upon request Networked AV, Presentation Switchers, Digital Media Switchers, Digital Switchers / Matrix, Workspace & Collaboration, User Interfaces, Device Control, AV Management Software All products available from our company $100.00 10.00%$90.00 If Vendor desires to list the "catalog pricing" of goods/items that you sell by line-item, you are welcome to do so here in Section “A” of Pricing Form 1. You are welcome to modify the columns and column titles as long as TIPS can identify the item’s name and “catalog price.” Please note that if you are awarded with this type of pricing submission, you will be able to update the pricing and add/remove items within the catagory as long as you honor any applicable discounts originally proposed. Specific discounts offered for any brand or item must be honored for the life of the contract. SECTION "A" - Providing “Catalog Pricing” through Line-Item Pricing TIPS PRICING FORM 1 - GOODS/ITEMS PRICING Option 1 - Discount-Off Catalog Method TIPS permits Vendors to utilize either or both of the two goods/items pricing proposal options (and sub-options) identified below with the “Discount-Off Catalog” option being much more optimal, usable, and preferred to the "Cost-Plus Markup Option." Vendor is welcome to propose either or both options, and with either option Vendor is able to update their pricing and add/remove items during the life of the contract. It is Vendor’s responsibility to ensure that all items listed, whether by description, product number, SKU, UPC or other, fall within the scope of this solicitation category. Please read the "Vendor Pricing Submission" portion of the solicitation document before submitting questions about this form to TIPS. This goods/items pricing proposal method is highly preferred over the “Cost-Plus Markup Method” because it is versatile and allows Vendor to efficiently add and update its goods/items pricing and does not automatically prohibit federal fund purchases. Vendor is asked in the attribute questions within the eBid System to propose a minimum discount off of their catalog pricing. Any discount from 0% to 100% is an appropriate response. Then, under this pricing proposal method, Vendor is permitted to provide its “Catalog Pricing” to TIPS in a number of ways, described in Section "A" and Section "B" below. Vendor's minimum discount will always be applied to TIPS "Catalog Pricing" provided herein. Insert Line-items below this line. You may add cells as needed. Analog Way Catalog pricing to be provided upon request Image processing solutions All products available from our company $100.00 10.00%$90.00 Anchor Audio Catalog pricing to be provided upon request Best Portable PA System. Audio Solutions For Any Type Of Events, Schools, Universities. All products available from our company $100.00 10.00%$90.00 APC Catalog pricing to be provided upon request Power Equipment & Accessories All products available from our company $100.00 10.00%$90.00 Atlas Sound Catalog pricing to be provided upon request Audio solutions All products available from our company $100.00 10.00%$90.00 AtteroTech Catalog pricing to be provided upon request Networked Audio All products available from our company $100.00 10.00%$90.00 Audio Technica Catalog pricing to be provided upon request High quality headphones and microphones All products available from our company $100.00 10.00%$90.00 Audio Visual Furniture (AVFI)Catalog pricing to be provided upon request AV furniture including podiums, lecterns, conference room tables, AV stands All products available from our company $100.00 10.00%$90.00 Aurora Multimedia Catalog pricing to be provided upon request AV processors with scaling, multi- image rotation and more. All products available from our company $100.00 10.00%$90.00 Barco Catalog pricing to be provided upon request High Performance, Professional Display Technology All products available from our company $100.00 10.00%$90.00 Belden Catalog pricing to be provided upon request Wire and Cable Solutions All products available from our company $100.00 10.00%$90.00 Berk-Tek Catalog pricing to be provided upon request Wire and Cable Solutions All products available from our company $100.00 10.00%$90.00 BeyerDynamic Catalog pricing to be provided upon request Headphones, microphones & conference technology All products available from our company $100.00 10.00%$90.00 Biamp Catalog pricing to be provided upon request Professional AV equipment. including conferencing, paging, and video. All products available from our company $100.00 10.00%$90.00 Blackmagic Design Catalog pricing to be provided upon request AV, broadcast and cinema hardware All products available from our company $100.00 10.00%$90.00 Blonder Tongue Catalog pricing to be provided upon request Media distribution All products available from our company $100.00 10.00%$90.00 C2G Catalog pricing to be provided upon request Wire and Cable Solutions All products available from our company $100.00 10.00%$90.00 Canon Catalog pricing to be provided upon request Projectors & Displays All products available from our company $100.00 10.00%$90.00 Casio Catalog pricing to be provided upon request Projectors All products available from our company $100.00 10.00%$90.00 Chatsworth Product Inc (CPI)Catalog pricing to be provided upon request IT products and solutions All products available from our company $100.00 10.00%$90.00 Chief Catalog pricing to be provided upon request Mounts & Accessories All products available from our company $100.00 10.00%$90.00 Christie Catalog pricing to be provided upon request Visual, audio and collaboration solutions All products available from our company $100.00 10.00%$90.00 Circa Catalog pricing to be provided upon request All products available from our company $100.00 10.00%$90.00 Cisco Catalog pricing to be provided upon request IT, networking, and cybersecurity solutions All products available from our company $100.00 10.00%$90.00 ClearOne Catalog pricing to be provided upon request Conferencing, collaboration, and networked streaming solutions. All products available from our company $100.00 10.00%$90.00 Community Catalog pricing to be provided upon request Pro & Commercial Audio Products All products available from our company $100.00 10.00%$90.00 Commscope Catalog pricing to be provided upon request Design, manufacture, install and support hardware infrastructure and software intelligence that enable our digital society to interact and thrive. Advance broadband, enterprise and wireless networks. All products available from our company $100.00 10.00%$90.00 Comprehensive Catalog pricing to be provided upon request Pro AV/IT connectivity products All products available from our company $100.00 10.00%$90.00 Contemporary Research Catalog pricing to be provided upon request Professional HD over Coax encoder QAM Modulators All products available from our company $100.00 10.00%$90.00 Corning Altos Catalog pricing to be provided upon request Wire and Cable Solutions All products available from our company $100.00 10.00%$90.00 Crestron Catalog pricing to be provided upon request Audiovisual automation and integration All products available from our company $100.00 10.00%$90.00 Crown Catalog pricing to be provided upon request Professional audio products All products available from our company $100.00 10.00%$90.00 D&B Audiotechnik Catalog pricing to be provided upon request PA speakers and audio systems All products available from our company $100.00 10.00%$90.00 Da-Lite Catalog pricing to be provided upon request Projection screens, tripod & mounting screens All products available from our company $100.00 10.00%$90.00 Dell Catalog pricing to be provided upon request Computers, Monitors & Technology Solutions All products available from our company $100.00 10.00%$90.00 Denon Catalog pricing to be provided upon request Consumer electronics All products available from our company $100.00 10.00%$90.00 Digital Projection Catalog pricing to be provided upon request Projectors, lamps, LED Displays All products available from our company $100.00 10.00%$90.00 Draper Catalog pricing to be provided upon request Projection screens, solar control, window shades, custom AV structures All products available from our company $100.00 10.00%$90.00 EAW Catalog pricing to be provided upon request Loudspeakers All products available from our company $100.00 10.00%$90.00 Elmo Catalog pricing to be provided upon request Classroom technology solutions: Document Cameras, Collaboration Devices, Audio Systems, Wireless Solution All products available from our company $100.00 10.00%$90.00 Epson Catalog pricing to be provided upon request Projectors, screens, accessories All products available from our company $100.00 10.00%$90.00 Ergotron Catalog pricing to be provided upon request Monitor Mounts & Arms, Computer Carts, Sit to Stand Desks All products available from our company $100.00 10.00%$90.00 Erico Caddy Catalog pricing to be provided upon request Fixing, fastening and support products, Grounding, bonding, lightning protection and electrical rail connection solutions All products available from our company $100.00 10.00%$90.00 Extron Catalog pricing to be provided upon request Professional AV All products available from our company $100.00 10.00%$90.00 Fluke Networks Catalog pricing to be provided upon request Network Testing And Monitoring Solutions All products available from our company $100.00 10.00%$90.00 FSR Catalog pricing to be provided upon request Cable Management, Cables,Ceiling Solutions, Charging Solutions, Distribution Amplifiers, Fire Rated Solutions All products available from our company $100.00 10.00%$90.00 General Cable Catalog pricing to be provided upon request Wire and Cable Solutions All products available from our company $100.00 10.00%$90.00 Harman Catalog pricing to be provided upon request Audio innovations, design and analytics, cloud services and IoT solutions All products available from our company $100.00 10.00%$90.00 Hitachi/Maxwell Catalog pricing to be provided upon request Projectors All products available from our company $100.00 10.00%$90.00 Hubbell Premise Wiring Catalog pricing to be provided upon request Wire and Cable Solutions All products available from our company $100.00 10.00%$90.00 InFocus Catalog pricing to be provided upon request Projectors, interactive displays, display wall processors, videoconferencing All products available from our company $100.00 10.00%$90.00 JBL Catalog pricing to be provided upon request Speakers & audio Solutions All products available from our company $100.00 10.00%$90.00 Jupiter Catalog pricing to be provided upon request Collaborative visualization technology All products available from our company $100.00 10.00%$90.00 Kramer Catalog pricing to be provided upon request Professional AV All products available from our company $100.00 10.00%$90.00 KSI Catalog pricing to be provided upon request Lecterns, AV Furniture, 2x2 Ceiling Speakers, Conference Tables, Credenzas, Carts and Custom Presentation Furniture All products available from our company $100.00 10.00%$90.00 Legrand Catalog pricing to be provided upon request Legrand offers innovative products and solutions for work and living spaces delivering and managing power, light and data. All products available from our company $100.00 10.00%$90.00 Leviton Catalog pricing to be provided upon request Wire and Cable Solutions All products available from our company $100.00 10.00%$90.00 LG Catalog pricing to be provided upon request Displays All products available from our company $100.00 10.00%$90.00 Liberty Catalog pricing to be provided upon request Wire and Cable Solutions All products available from our company $100.00 10.00%$90.00 Lifesize Catalog pricing to be provided upon request Video conferencing solutions All products available from our company $100.00 10.00%$90.00 Lightware Catalog pricing to be provided upon request DVI, HDMI and DisplayPort matrix switchers, signal extenders and accessories All products available from our company $100.00 10.00%$90.00 Listen Technology Catalog pricing to be provided upon request ADA compliant audio systems All products available from our company $100.00 10.00%$90.00 Logitech Catalog pricing to be provided upon request Webcams, Headsets, Software, Video Conferencing All products available from our company $100.00 10.00%$90.00 Lutron Catalog pricing to be provided upon request Energy saving dimmers and lighting control solutions All products available from our company $100.00 10.00%$90.00 Mackie Catalog pricing to be provided upon request Professional Microphones. Headphones & Amplifiers. Audio Tools. 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Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#26-0118 Agenda Date: 2/19/2026 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Public Works Agenda Number: 6.8 SUBJECT/RECOMMENDATION: Approve a funding agreement between the City of Clearwater and the Pinellas Suncoast Transit Authority (PSTA) to provide enhanced Jolley Trolley service during Spring Break, March 1, 2026 through May 3, 2026, with the City contributing an amount not to exceed $154,325.00 and authorize the appropriate officials to execute same. (consent) SUMMARY: Alternatives for traveling to Clearwater Beach during the Spring Break season are critical to the economic vitality of Clearwater and our tourism industry. The City and PSTA propose utilizing the temporary parking lot at Martin Luther King Jr. Avenue South and Gould Street as a Park and Ride lot for the period commencing March 1, 2026, through May 3, 2026. Instead of driving, users will have the option of taking the free Trolley services to and from the Beach. The Trolley service will be free for people who board the trolley at the Martin Luther King Jr., Avenue and Gould Street lot, locations throughout downtown and at the beach designated pick-up locations. PSTA currently provides regular service on several routes between Downtown and Clearwater Beach, as well as north and south along the Beach. PSTA operates the Suncoast Beach Trolley which runs from Downtown Clearwater south to St. Pete Beach and has an agreement with the Jolley Trolley to operate a Beach circulator (North and South Beach routes), as well as the Coastal route connecting to Tarpon Springs. As part of this additional agreement, PSTA developed a service plan that will increase the number of vehicles serving the Beach during the Spring Break season. The proposed agreement sets forth the City’s commitment to contribute an amount not to exceed $154,325.00 towards PSTA’s additional financial obligations, including PSTA’s agreement with Jolley Trolley to provide enhanced service on its Beach circulator routes during the Spring Break season. This amount is 50% of the total cost; PSTA will provide the other 50%. The MLK Park-and-Ride lot will be serviced Friday through Sunday only, except during the Sugar Sand Festival. During the festival, service will operate every 30 minutes Monday through Thursday and every 15 minutes Friday through Sunday. Service at all other locations will operate from 10:00 a.m. until the end of service, approximately 10:00 p.m. Sunday through Thursday and 12:00 a.m. on Friday and Saturday. APPROPRIATION CODE AND AMOUNT: 4351333-581000 - $154,325.00 A first quarter budget amendment will increase Public Works - Parking Operations cost code 4351333-581000, Payment to Agencies, by $38,712.10 to provide additional funding needed for this contract. Budgeted parking revenues are sufficient to cover this expenditure increase. The operations of Public Works - Parking Division are funded by revenues from the Parking Enterprise Fund. STRATEGIC PRIORITY: 4.4 Develop accessible and active transportation networks that enhance pedestrian safety and reduce citywide greenhouse gas emissions. Page 1 City of Clearwater Printed on 2/18/2026 Page 1 of 5 33 CLEARWATER BEACH SPRING BREAK 2026 SERVICE FUNDING AGREEMENT THIS FUNDING AGREEMENT (Agreement) is entered into on this day of , 2026, by and between the PINELLAS SUNCOAST TRANSIT AUTHORITY, an independent special district (“PSTA”), with its principal place of business located at 3201 Scherer Drive North, St. Petersburg, FL 33716, and the CITY OF CLEARWATER, FLORIDA, a municipal corporation of the State of Florida with its principal place of business located at 100 S. Myrtle Avenue, Clearwater, Florida 33756 (the “City of Clearwater”) (collectively referred to as the “Parties”). WHEREAS, the Spring Break seasonal enhanced service promotion began as a partnership between PSTA and the City of Clearwater in 2017; and WHEREAS, both parties agree that the Spring Break seasonal pilot in 2017 was a valuable method that encouraged residents, visitors and employees to use alternative transportation options to access all that Clearwater Beach has to offer and the Parties executed other increasingly successful service partnerships in 2018, 2019, 2022, 2023, 2024, and 2025; and WHEREAS, PSTA and the City of Clearwater chose to cancel the planned 2020 and 2021 Spring Break service promotion due to COVID-19 precautions, and successfully continued the service in 2022 and thereafter; and WHEREAS, PSTA provides fixed route services on Clearwater Beach as part of the Beach Routes (the “Clearwater Beach Route”) and other routes serving Clearwater Beach by and through its current agreement with Jolley Trolley Transportation of Clearwater, Inc., (“Jolley Trolley”) effective October 1, 2022 through September 30, 2032, as may be amended from time to time (the “Jolley Trolley Agreement”); and WHEREAS, the Jolley Trolley Agreement provides that PSTA will make certain funding contributions to Jolley Trolley in exchange for the Clearwater Beach Route services; and WHEREAS, PSTA and the City of Clearwater have entered into a Clearwater Beach Route Funding Agreement wherein the City will provide funding to PSTA for FY2026 for the services provided pursuant to the Jolley Trolley Agreement; and WHEREAS, PSTA regularly operates bus service from downtown Clearwater and beach communities along Gulf Boulevard on the Suncoast Beach Trolley; and WHEREAS, both the City of Clearwater and PSTA understand the significant auto congestion on Clearwater Beach and need for expanded alternative ways for residents, visitors, and employees to access the beach; and WHEREAS, the Parties desire to provide enhanced downtown to beach service on the Suncoast Beach Trolley and Jolley Trolley South Beach Route during the period of March 01, 2026 through May 03, 2026 (the “2026 Spring Break”) from the S MLK Jr Lot at 290 Dr. MLK Jr. Street S, the Pinellas County parking garage at 310 Court Street, the Garden Avenue Parking Garage at 28 N Garden Avenue (both Pinellas County and Garden Avenue garages restricted to Page 2 of 5 33 evenings and weekends only) to Pier 60, the Clearwater Beach Transit Center and Marina Stops on Clearwater Beach; and WHEREAS, PSTA would not extend existing bus services to these parking locations without the shared contribution of the City of Clearwater, as contemplated by this Agreement. NOW, THEREFORE, the Parties for and in receipt of the mutual promises and consideration described herein, hereby mutually agree that: 1. RECITALS. The above recitals are true and correct and, together with all exhibits, are incorporated herein by reference. 2. SERVICE DESCRIPTION. Enhanced, fare‑free park‑and‑ride and beach circulation service shall be provided for riders boarding at designated locations, including the South Martin Luther King Jr. Avenue Park‑and‑Ride Lot, the Pinellas County Garage, the Garden Street Garage, the Clearwater Beach Transit Center (CBTC), Pier 60, and the Clearwater Marina. Fare‑free service shall operate from 10:00 a.m. through the end of the service day, defined as 10:00 p.m. Sunday through Thursday and 12:00 a.m. on Friday and Saturday. Weekend service (Friday, Saturday, and Sunday) shall include enhanced park‑and‑ride operations with service as frequent as every fifteen (15) minutes from the South Martin Luther King Jr. Avenue Park‑and‑Ride location. Weekday enhanced service (Monday through Thursday) shall operate during the Sugar Sand Festival period, with park‑and‑ride shuttle service operating every fifteen (15) minutes. 3. BASE SERVICE COSTS. City of Clearwater will contribute one half of PSTA’s costs of enhanced service on the Suncoast Beach Trolley and Jolley Trolley South Beach Route during the 2026 Spring Break at a cost to City of Clearwater not to exceed one hundred fifty-four thousand, three hundred and twenty-five dollars ($154,325). 4. PAYMENT. PSTA will send an invoice to City of Clearwater no later than the fifteenth (15th) day of the month immediately following each month during the 2026 Spring Break. Each invoice shall be based on actual revenue hours provided and shall include a copy of Jolley Trolley’s invoice to PSTA plus documentation of service hours provided by PSTA. City of Clearwater shall remit payment on the fifteenth (15th) day of the month following receipt of such invoice. The City shall reimburse PSTA for 50-percent of the cost of the services added to the base beach fixed route service during the 2026 Spring Break. 5. FAILURE TO MAKE PAYMENT. In the event City of Clearwater fails to make the payment provided in Section 3 above, PSTA may cancel this Agreement, which may result in the termination of the enhanced services. Page 3 of 5 33 6. JOINT MARKETING. The Parties agree to coordinate a joint marketing effort to advertise this enhanced service and other transportation services to and from the beach that encourage the use of non-automotive mass transportation. Additionally, PSTA will provide and the City will assist with the installation, maintenance and removal of temporary directional signage, including sidewalk decals, for the promotional service as produced by PSTA. 7. TERM; EFFECTIVE DATE. This Agreement shall take effect on the first date above written and shall terminate at the end of the service day on May 03, 2026. 8. REPRESENTATIONS AND WARRANTIES. The Parties represent and warrant that they are authorized to enter into this Agreement without the consent or joinder of any other person or entity and that the individuals executing this Agreement have full power and authority to bind their respective parties hereto. Nothing contained herein shall be construed to limit or waive any of PSTA’s rights under the Jolley Trolley Agreement. 9. INDEMNIFICATION. Each party agrees to be fully responsible for its own acts of negligence or its respective employees’ acts of negligence when such employees are acting within the scope of their employment, and each party agrees to be liable for any damages proximately caused thereby consistent with and pursuant to section 768.29(19), Florida Statutes; provided, however, that each party’s liability is subject to the monetary limitations and defenses set forth in Florida Statutes 768.28. Nothing herein is intended to serve or be construed as a waiver of sovereign immunity or any other immunity from or limitation of liability to which either party is entitled, nor shall anything herein be construed as consent by either party to be sued by any third party for any cause or matter arising out of or related to this Agreement except to the extent provided by Florida Statute 768.28. 10. ELECTRONIC SIGNATURES; COUNTERPARTS. This Agreement may be executed by electronic signature technology and such electronic signature shall act as the Parties’ legal signatures on this Agreement and shall be treated in all respects as an original handwritten signature. This Agreement may be executed in one or more counterparts, any one of which need not contain the signatures of more than one party, but all such counterparts taken together will constitute one and the same instrument. Page 4 of 5 33 IN WITNESS WHERE OF, the Parties have caused this Agreement to be executed as of the date first above written. PINELLAS SUNCOAST TRANSIT AUTHORITY By: __________________________________ Brad Miller, Chief Executive Officer Attest: _____________________________________ Executive Assistant Approved as to Form: ____________________________________ PSTA General Counsel CITY OF CLEARWATER, FLORIDA Countersigned: By: Bruce Rector, Mayor Jennifer Poirrier, City Manager Attest: Approved as to Form: Rosemarie Call Jerrod Simpson City Clerk Assistant City Attorney Page 5 of 5 33 EXHIBIT A Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#26-0100 Agenda Date: 2/19/2026 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: City Attorney Agenda Number: 6.9 SUBJECT/RECOMMENDATION: Approve a retainer agreement with Banker Lopez Gassler Law Firm P.A. for Claudia Baker vs. City of Clearwater and authorize the appropriate officials to execute same. (consent) SUMMARY: Senior Assistant City Attorney Michael Fuino resigned from the City on November 20, 2025, and has been appointed as City Attorney for the City of North Port. To ensure the successful defense of the City, the City Attorney recommends retaining Banker Lopez to represent the City in this matter. The City has collaborated with Banker Lopez for nearly 17 years, and they have agreed to undertake this representation pursuant to the attached agreement. The City Council authorizes the City Attorney to approve legal fee invoices in this matter up to the not -to-exceed amount of $100,000. This agreement is exempt from bidding pursuant to Section 2.563(1)(g), Clearwater Code of Ordinances. APPROPRIATION CODE AND AMOUNT: A budget amendment may be needed in cost code 0109600-530100, Professional Services, to fund this contract. The operating budget of the City Attorney ’s Office is funded by General Fund revenue. Page 1 City of Clearwater Printed on 2/18/2026 AGREEMENT BETWEEN THE CITY OF CLEARWATER AND BANKER LOPEZ GASSLER LAW FIRM P.A. THIS AGREEMENT is entered into at Clearwater,Florida,effective the day of February,2026,by and between the City of Clearwater,a municipal corporation of the State of Florida,hereinafter referred to as the “City”,the address of which is City of Clearwater Offices, One Clearwater Tower,6th Floor,600 Cleveland St.,Clearwater,FL 33756,and Banker Lopez Gassler P.A.hereinafter referred to as the “Firm”,the address of which is 360 Central Avenue, Suite 700 St.Petersburg,Florida 33701. WHEREAS,it is the desire of the City toenter into an Agreement with the Firm toprovide legal services pertaining to civil liability against the City,and other such legal services as may be required by the City Attorney. NOW,THEREFORE,in consideration of the mutual covenants,promises,and representations herein contained,the City and the Firm agree as follows: ARTICLE I.SCOPE OF SERVICES. The Firm shall provide legal services to the City involving the defense of the City and, provided that there is no substantial risk of or actual conflict ofinterest exists,its employees in the litigation styled as Claudia Baker vs.City of Clearwater (Case No.26-000285-CI).If,in the sole discretion of the Firm,a conflict ofinterest exists or arises,such that the representation ofthe City will be directly adverse to one or more of its employees,or there is a substantial risk that the representation,a former client or a third person or by a personal interest ofthe lawyer,the Firm may terminate its representation of as set forth in Article VIII.The Firm’s compensation for the defense ofthe litigation styled as Claudia Baker vs.City ofClearwater (Case No.26-000285-Cl) shall be limited to $100,000.00 unless an authorized agent of the City approves an increased amount. ARTICLE II.PERIOD OF AGREEMENT. This Agreement shall commence on the Effective Date,and shall terminate at the conclusion ofthe services provided hereunder,unless earlier cancelled as hereinafter provided. ARTICLE III.COMPENSATION AND COMPENSABLE EXPENSES. A.The City shall pay the Firm as consideration for legal services rendered pursuant to this Agreement an hourly rate of Two Hundred Dollars ($225.00)for partners,One Hundred Ninety- Five Dollars ($195.00)for associates and One Hundred Twenty-Five Dollars ($125.00)per hour for all paralegal services on behalf ofthe City.There will be no compensation paid for the servicesofclericalassistance. B.Reimbursement shall be made by the City to the Firm for reasonable out-of-pocket expenses,without mark-up,including,but not limited to,long distance calls,copying or reproducing documents,not to exceed ten cents per page,postage,court costs,appeal expenses, parking costs,witness fees,discovery costs and travel (local travel excluded),incurred by the Firm in the performance of its duties hereunder.Travel and per diem costs,as well as auto travel expenses,shall not exceed that which is available and paid to City of Clearwater employees. C.Reasonable charges for computer legal research shall be paid,however,such legal research work must be approved by the City Attorney,and this provision shall be reviewed quarterly by the parties. D.No outside experts or other services may be incurred for payment by the City without written authorization by the City Attorney or his designee. ARTICLE IV.PAYMENTS. The Firm shall submit invoices to the City on a monthly basis.Each invoice shall provide a detailed description of the services performed and the date thereof.Original receipts for non-in- house expenses must be submitted with each invoice and a reasonable amount of detail must be provided for each non-in-house expense as agreed to by the Firm and the City Attorney.Upon receipt and verification of such statements the City shall pay the Firm within reasonable time after receiving same. ARTICLE V.FIRM’S REPRESENTATION OF OTHER CLIENTS. The Firm will not represent clients against the City of Clearwater in personal injury claims or in any other claim arising out of its representation of the City or its representation of an individual employed by the City.In all other matters,the Firm may represent clients with an interest adverse tothe City of Clearwater and said representation shall not be deemed to constitute a conflict of interest,provided the Firm first discloses to the City,in writing,said representation and the nature of the adverse interest.Moreover,except as herein provided,the Firm’s representation of the City shall not be deemed to constitute a conflict affecting the Firm’s general ability to represent clients before the City. ARTICLE VI.NONASSIGNABILITY. The Firm may not assign this Agreement. ARTICLE VI.MODIFICATION,AMENDMENT OR EXTENSION. This Agreement may not be modified,amended or extended verbally or by conduct but only by writing duly executed by the parties in accordance with the Charter of the City. ARTICLE VI.TERMINATION. City may discharge Firm and terminate this Agreement at any time,with or without cause. In such event,however,City shall remain obligated to compensate Firm for all services rendered and authorized expenses incurred through the date oftermination.Firm may terminate services to the City and this Agreement,with or without cause,upon reasonable notice,not less than thirty (30)days.In the event Firm’s statements are not paid within a reasonable time,or inthe event the City/Firm relationship develops to the point where Firm,in its sole discretion,believes it cannot conscientiously provide representation in City’s best interest,Firm may terminate as aforesaid. ARTICLE IX,PUBLIC RECORDS. The firm must comply with public records laws,including the following provisions of Section 119.0701,Florida Statutes: 1.Keep and maintain public records required by the City toperform the services; 2.Upon request by the City,provide the City with copies of the requested records, having redacted records in total on in part that are exempt from disclosure by law or allow the records tobe inspected or copied within a reasonable time (with provision of a copy ofsuch records tothe City)on the same terms and conditions that the City would provide the records and at a cost that does not exceed that provided in Chapter 119,Florida Statutes,or as otherwise provided by law. 3.Ensure that records,in part or in total,that are exempt or that are confidential and exempt from disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion (or earlier termination)of the contract if the Firm does not transfer the records to the City. 4.Upon completion (or earlier termination)of the agreement,the Firm shall within 30 days after such event either transfer to the City,at no cost,all public records in possession of the Firm or keep and maintain the public records in compliance with Chapter 119,Florida Statutes.If the Firm transfers all public records to the City upon completion (or earlier termination)of the contract,Firm shall destroy any duplicate records that are exempt or confidential and exempt from public records disclosure requirements.If the Firm keeps and maintains public records upon completion (or earlier termination)ofthe contract,the Firm shall meet all applicable requirements for retaining public records.All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the City. 5,The failure of the Firm tocomply with Chapter 119,Florida Statutes,and/or the provisions set forth above shall be grounds for immediate unilateral termination ofthe agreement by the City;the City shall also have the option to withhold compensation the Firm until records are received as provided herein. ARTICLE X.COMPLIANCE WITH LAWS. The Firm shal!comply with all applicable federal,state and local laws and all codes and ordinances ofthe City as amended from time totime,and specifically with the City ofClearwater’s Code of Ethics,as it may be amended from time to time. ARTICLE XI.HEADINGS. All articles and descriptive headings of paragraphs in this Agreement are inserted for convenience only and shall not affect the construction or interpretation hereof. IN WITNESS WHEREOPF,the parties hereto have executed this Agreement on the day and year first above written. COUNTERSIGNED:CITY OF CLEARWATER,FLORIDA By: BRUCE RECTOR JENNIFER POIRRIER MAYOR CITY MANAGER APPROVED AS TO FORM:ATTEST: OWEN KOHLER ROSEMARIE CALL INTERIM CITY ATTORNEY CITY CLERK BANKER LOPEZ GASSLE4 J /J 7 LE PARKER,ESQ.~~ V/A ye f go Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#26-0126 Agenda Date: 2/19/2026 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: City Attorney Agenda Number: 6.10 SUBJECT/RECOMMENDATION: Approve a retainer agreement with Banker Lopez Gassler Law Firm P.A. for Bella Fayer vs. City of Clearwater and authorize the appropriate officials to execute same. (consent) SUMMARY: Senior Assistant City Attorney Michael Fuino resigned from the City on November 20, 2025, and has been appointed as City Attorney for the City of North Port. To ensure the successful defense of the City, the City Attorney recommends retaining Banker Lopez to represent the City in this matter. The City has collaborated with Banker Lopez for nearly 17 years, and they have agreed to undertake this representation pursuant to the attached agreement. The City Council authorizes the City Attorney to approve legal fee invoices in this matter up to the not -to-exceed amount of $100,000. This agreement is exempt from bidding pursuant to Section 2.563(1)(g), Clearwater Code of Ordinances. APPROPRIATION CODE AND AMOUNT: A budget amendment may be needed in cost code 0109600-530100, Professional Services, to fund this contract. The operating budget of the City Attorney ’s Office is funded by General Fund revenue. Page 1 City of Clearwater Printed on 2/18/2026 AGREEMENT BETWEEN THE CITY OF CLEARWATER AND BANKER LOPEZ GASSLER LAW FIRM P.A. THIS AGREEMENT is entered into at Clearwater,Florida,effective the day of February,2026,by and between the City of Clearwater,a municipal corporation of the State of Florida,hereinafter referred to as the “City”,the address of which is City of Clearwater Offices, One Clearwater Tower,6th Floor,600 Cleveland St.,Clearwater,FL 33756,and Banker Lopez Gassler P.A.hereinafter referred to as the “Firm”,the address of which is 360 Central Avenue, Suite 700 St.Petersburg,Florida 33701. WHEREAS,it is the desire ofthe City to enter into an Agreement with the Firm to provide legal services pertaining to civil liability against the City,and other such legal services as may be required by the City Attorney. NOW,THEREFORE,in consideration of the mutual covenants,promises,and representations herein contained,the City and the Firm agree as follows: ARTICLE L SCOPE OF SERVICES. The Firm shall provide legal services to the City involving the defense of the City and, provided that there is no substantial risk ofor actual conflict ofinterest exists,its employees in the litigation styled as Bella Fayer vs City of Clearwater (Case No.24-005014-Cl),If,in the sole discretion ofthe Firm,a conflict ofinterest exists or arises,such that the representation ofthe City will be directly adverse to one or more of its employees,or there is a substantial risk that the representation,a former client or athird person or by a personal interest of the lawyer,the Firm may terminate its representation ofas set forth in Article VII.The Firm’s compensation for the defense of the litigation styled as Bella Fayer vs.City ofClearwater (Case No.24-005014-Cl) shall be limited to $100,000.00 unless an authorized agent of the City approves an increased amount. ARTICLE II.PERIOD OF AGREEMENT. This Agreement shall commence on the Effective Date,and shall terminate at the conclusion ofthe services provided hereunder,unless earlier cancelled as hereinafter provided. ARTICLE II.COMPENSATION AND COMPENSABLE EXPENSES. A.The City shall pay the Firm as consideration for legal services rendered pursuant to this Agreement an hourly rate ofTwo Hundred Dollars ($225.00)for partners,One Hundred Ninety- Five Dollars ($195.00)for associates and One Hundred Twenty-Five Dollars ($125.00)per hour for all paralegal services on behalf ofthe City.There will be no compensation paid for the services ofclerical assistance. B.Reimbursement shall be made by the City to the Firm for reasonable out-of-pocket expenses,without mark-up,including,but not limited to,Jong distance calls,copying or reproducing documents,not to exceed ten cents per page,postage,court costs,appeal expenses, parking costs,witness fees,discovery costs and travel (Jocal travel excluded),incurred by the Firm in the performance of its duties hereunder.Travel and per diem costs,as well as auto travel expenses,shall not exceed that which is available and paid to City ofClearwater employees. C,Reasonable charges for computer legal research shall be paid,however,such legal research work must be approved by the City Attorney,and this provision shall be reviewed quarterly by the parties. D.No outside experts or other services may be incurred for payment by the City without written authorization by the City Attorney or his designee. ARTICLE IV.PAYMENTS. The Firm shall submit invoices to the City on a monthly basis.Each invoice shall provide adetailed description ofthe services performed and the date thereof.Original receipts for non-in- house expenses must be submitted with each invoice and a reasonable amount of detail must be provided for each non-in-house expense as agreed to by the Firm and the City Attorney.Upon receipt andverification ofsuch statements the City shall pay the Firm within reasonable time after receiving same. ARTICLE V.FIRM’S REPRESENTATION OF OTHER CLIENTS. The Firm will not represent clients against the City of Clearwater in personal injury claims or in any other claim arising out of its representation of the City or its representation of an individual employed by the City.In all other matters,the Firm may represent clients with an interest adverse to the City of Clearwater and said representation shall not be deemed to constitute a conflict of interest,provided the Firm first discloses to the City,in writing,said representation and the nature of the adverse interest.Moreover,except as herein provided,the Firm’s representation ofthe City shall not be deemed to constitute a conflict affecting the Firm’s general ability to represent clients before the City. ARTICLE VI.NONASSIGNABILITY. The Firm may not assign this Agreement. ARTICLE VIL MODIFICATION,AMENDMENT OR EXTENSION. This Agreement may not be modified,amended or extended verbally or by conduct but only by writing duly executed by the parties in accordance with the Charter ofthe City. ARTICLE VILL TERMINATION. City may discharge Firm andterminate this Agreement at any time,with or without cause. In such event,however,City shall remain obligated to compensate Firm for all services rendered and authorized expenses incurred through the date oftermination.Firm may terminate services to the City and this Agreement,with or without cause,upon reasonable notice,not less than thirty G0)days.In the event Firm’s statements are not paid within areasonable time,or in the event the City/F irm.relationship develops to the point where Firm,in its sole discretion,believes it cannot conscientiously provide representation inCity’s best interest,Firm may terminate as aforesaid. ARTICLE IX.PUBLIC RECORDS. The firm must comply with public records laws,including the following provisions of Section 119.0701,Florida Statutes: 1.Keep and maintain public records required by the City toperform the services; 2.Upon request by the City,provide the City with copies ofthe requested records, having redacted records in total on in part that are exempt from disclosure by law or allow the records to be inspected or copied within areasonable time (with provision of a copy ofsuch records tothe City)on the same terms and conditions that the City would provide the records and at a cost that does not exceed that provided in Chapter 119,Florida Statutes,or as otherwise provided by law. 3.Ensure that records,in part or in total,that are exempt or that are confidential and exempt from disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion (or earlier termination)ofthe contract if the Firm does not transfer the records tothe City. 4,Upon completion (or earlier termination)ofthe agreement,the Firm shall within 30 days after such event either transfer tothe City,at no cost,all public records in possession of the Firm or keep and maintain the public records in compliance with Chapter }19,Florida Statutes.ifthe Firm transfers all public records to the City upon completion (or earlier termination)of the contract,Firm shall destroy any duplicate records that are exempt or confidential and exempt from public records disclosure requirements.If the Firm keeps and maintains public records upon completion (or earlier termination)of the contract,the Firm shall meet all applicable requirements for retaining public records.All records stored electronically must be provided to the City in a format that is compatible with the information technology systems ofthe City. 5.The failure ofthe Firm to comply with Chapter 119,Florida Statutes,and/or the provisions set forth above shall be grounds for immediate unilateral termination ofthe agreement by the City;the City shall also have the option to withhold compensation the Firm until records are received as provided herein. ARTICLE X.COMPLIANCE WITH LAWS. The Firm shall comply with all applicable federal,state and local laws and all codes and ordinances ofthe City as amended from time to time,and specifically with the City ofClearwater’s Code ofEthics,as it may be amended from time to time. ARTICLE XI.HEADINGS. All articles and descriptive headings of paragraphs in this Agreement are inserted for convenience only and shall not affect the construction or interpretation hereof. IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the day and year first above written. COUNTERSIGNED:CITY OF CLEARWATER,FLORIDA a By: BRUCE RECTOR JENNIFER POIRRIER MAYOR CITY MANAGER APPROVED AS TO FORM:ATTEST: OWEN KOHLER ROSEMARIE CALL INTERIM CITY ATTORNEY CITY CLERK f BANKER Loree ase / By:DALEPARKER,ESQ. -. Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#26-0128 Agenda Date: 2/19/2026 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: City Attorney Agenda Number: 6.11 SUBJECT/RECOMMENDATION: Approve a retainer agreement with Banker Lopez Gassler Law Firm P.A. for Eve Julian vs. City of Clearwater and authorize the appropriate officials to execute same. (consent) SUMMARY: Senior Assistant City Attorney Michael Fuino resigned from the City on November 20, 2025, and has been appointed as City Attorney for the City of North Port. To ensure the successful defense of the City, the City Attorney recommends retaining Banker Lopez to represent the City in this matter. The City has collaborated with Banker Lopez for nearly 17 years, and they have agreed to undertake this representation pursuant to the attached agreement. The City Council authorizes the City Attorney to approve legal fee invoices in this matter up to the not -to-exceed amount of $100,000. This agreement is exempt from bidding pursuant to Section 2.563(1)(g), Clearwater Code of Ordinances. APPROPRIATION CODE AND AMOUNT: A budget amendment may be needed in cost code 0109600-530100, Professional Services, to fund this contract. The operating budget of the City Attorney ’s Office is funded by General Fund revenue. Page 1 City of Clearwater Printed on 2/18/2026 AGREEMENT BETWEEN THE CITY OF CLEARWATER AND BANKER LOPEZ GASSLER LAW FIRM P.A. THIS AGREEMENT is entered into at Clearwater,Florida,effective the day of February,2026,by and between the City of Clearwater,a municipal corporation of the State of Florida,hereinafter referred to as the “City”,the address of which is City of Clearwater Offices, One Clearwater Tower,6th Floor,600 Cleveland St.,Clearwater,FL 33756,and Banker Lopez Gassler P.A.hereinafter referred to as the “Firm”,the address of which is 360 Central Avenue, Suite 700 St.Petersburg,Florida 33701. WHEREAS,it is the desire ofthe City to enter into an Agreement with the Firm to provide legal services pertaining to civil liability against the City,and other such legal services as may be required by the City Attorney. NOW,THEREFORE,in consideration of the mutual covenants,promises,and representations herein contained,the City andthe Firm agree as follows: ARTICLE I.SCOPE OF SERVICES. The Firm shall provide legal services to the City involving the defense of the City and, provided that there is no substantial risk of or actual conflict ofinterest exists,its employees in the litigation styled as Eve Juilan vs.City of Clearwater (Case No.26-000342-C)).If,in the sole discretion ofthe Firm,a conflict of interest exists or arises,such that the representation ofthe City will be directly adverse to one or more of its employees,or there is a substantial risk that the representation,a former client or a third person or by a personal interest of the lawyer,the Firm may terminate its representation ofas set forth in Article VII.The Firm’s compensation for the defense ofthe litigation styled as Eve Julian vs City ofClearwater (Case No.26-000342-Cl)shall be limited to $100,000.00 unless anauthorized agent ofthe City approves an increased amount. ARTICLE Il.PERIOD OF AGREEMENT. This Agreement shall commence on the Effective Date,and shall terminate at the conclusion of the services provided hereunder,unless earlier cancelled as hereinafter provided. ARTICLE I.COMPENSATION AND COMPENSABLE EXPENSES. A.The City shall pay the Firm as consideration for legal services rendered pursuant to this Agreement an hourly rate ofTwo Hundred Dollars ($225.00)for partners,One Hundred Ninety- Five Dollars ($195.00)for associates and One Hundred Twenty-Five Dollars ($125.00)per hour for all paralegal services on behalf ofthe City.There will be no compensation paid for the services ofclerical assistance. B.Reimbursement shall be made by the City to the Firm for reasonable out-of-pocket expenses,without mark-up,including,but not limited to,long distance calls,copying or reproducing documents,not to exceed ten cents per page,postage,court costs,appeal expenses, parking costs,witness fees,discovery costs and travel (local travel excluded),incurred by the Firm in the performance of its duties hereunder.Travel and per diem costs,as well as auto travel expenses,shall not exceed that which is available and paid to City ofClearwater employees. C.Reasonable charges for computer legal research shal!be paid,however,such legal research work must be approved by the City Attorney,and this provision shall be reviewed quarterly by the parties. D.No outside experts or other services may be incurred for payment by the City without written authorization by the City Attorney or his designee. ARTICLE IV.PAYMENTS. The Firm shall submit invoices to the City on a monthly basis.Each invoice shall provide a detailed description ofthe services performed and the date thereof.Original receipts for non-in- house expenses must be submitted with each invoice and a reasonable amount ofdetail must be provided for each non-in-house expense as agreed to by the Firm and the City Attorney.Upon receipt and verification ofsuch statements the City shall pay the Firm within reasonable time after receiving same. ARTICLE V.FIRM’S REPRESENTATION OF OTHER CLIENTS. The Firm will not represent clients against the City ofClearwater inpersonal injury claims or in any other claim arising out of its representation of the City or its representation of an individual employed by the City.In all other matters,the Firm may represent clients with an interest adverse to the City of Clearwater and said representation shall not be deemed to constitute a conflict of interest,provided the Firm first discloses to the City,in writing,said representation and the nature of the adverse interest.Moreover,except as herein provided,the Firm’s representation ofthe City shall not be deemed to constitute a conflict affecting the Firm’s general ability to represent clients before the City. ARTICLE VI NONASSIGNABILITY. The Firm may not assign this Agreement, ARTICLE VIL MODIFICATION,AMENDMENT OR EXTENSION. This Agreement may not be modified,amended or extended verbally or by conduct but only by writing duly executed by the parties in accordance with the Charter ofthe City. ARTICLE VIM.TERMINATION. City may discharge Firm and terminate this Agreement at any time,with or without cause. In such event,however,City shall remain obligated to compensate Firm for all services rendered and authorized expenses incurred through the date oftermination.Firm may terminate services to the City and this Agreement,with or without cause,upon reasonable notice,not less than thirty (30)days.In the event Firm’s statements are not paid within areasonable time,or in the event the City/Firm relationship develops tothe point where Firm,in its sole discretion,believes it cannot conscientiously provide representation in City’s best interest,Firm may terminate as aforesaid. ARTICLE EX.PUBLIC RECORDS. The firm must comply with public records laws,including the following provisions of Section 119.0701,Florida Statutes: 1.Keep and maintain public records required by the City to perform the services, 2.Upon request by the City,provide the City with copies ofthe requested records, having redacted records in total on in part that are exempt from disclosure by law or allow the records to be inspected or copied within a reasonable time (with provision ofacopy ofsuch records to the City)on the same terms and conditions that the City would provide the records and at a cost that does not exceed that provided in Chapter 119,Florida Statutes,or as otherwise provided by law. 3.Ensure that records,in part or in total,that are exempt or that are confidential and exempt from disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion (or earlier termination)of the contract if the Firm does not transfer the records to the City. 4,Upon completion (or earlier termination)ofthe agreement,the Firm shall within 30 days after such event either transfer to the City,at no cost,all public records in possession of the Firm or keep andmaintain the public records in compliance with Chapter 119,Florida Statutes.If the Firm transfers all public records to the City upon completion (or earlier termination)of the contract,Firm shall destroy any duplicate records that are exempt or confidential and exempt from public records disclosure requirements.If the Firm keeps and maintains public records upon completion (or earlier termination)ofthe contract,the Firm shall meet all applicable requirements for retaining public records.All records stored electronically must be provided to the City ina format that is compatible with the information technology systems of the City. 5.The failure ofthe Firm to comply with Chapter 119,Florida Statutes,and/or the provisions set forth above shall be grounds for immediate unilateral termination ofthe agreement by the City;the City shall also have the option to withhold compensation the Firm until records are received as provided herein. ARTICLE X.COMPLIANCE WITH LAWS. The Firm shall comply with all applicable federal,state and local laws and all codes and ordinances oftheCity as amended from time to time,and specifically with the City ofClearwater’s Code ofEthics,as it may be amended from time to time. ARTICLE XI.HEADINGS. All articles and descriptive headings of paragraphs in this Agreement are inserted for convenience only and shall not affect the construction or interpretation hereof. IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the day and year first above written. COUNTERSIGNED:CITY OF CLEARWATER,FLORIDA eee By:BRUCE RECTOR JENNIFER POIRRIER MAYOR CITY MANAGER APPROVED AS TO FORM:ATTEST: OWEN KOHLER ROSEMARIE CALL INTERIM CITY ATTORNEY CITY CLERK Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#26-0136 Agenda Date: 2/19/2026 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: City Attorney Agenda Number: 6.12 SUBJECT/RECOMMENDATION: Approve an agreement with Bush Graziano Rice and Hearing, P.A. in Nathaniel Brooks v. City of Clearwater and Joseph Roseto, Appeal Number 25-14524-D, and Nathaniel Brooks v. City of Clearwater, FMCS Case #250925-09977, and authorize the appropriate officials to execute same. (consent) SUMMARY: In December 2021, Mr. Brooks filed a lawsuit against the City of Clearwater and Mr. Roseto and alleged employment discrimination and retaliation for events that occurred between 2014 and 2018. The City and Mr. Roseto prevailed at the trial court level and were awarded attorney’s fees and costs. Mr. Brooks has appealed the trial court’s decisions to the 11th Circuit Court of Appeals. In addition, Mr. Brooks has alleged other claims against the City in an employment arbitration. The Code of Ordinances requires the City to protect and defend both current and former employees in any civil action or proceeding in any state or federal court arising out of any alleged act or omission which occurred or is alleged in the complaint to have occurred while the employee was acting within the scope of their public employment or duties. The City Attorney has assigned defense of these legal matters to Gregory Hearing and Sacha Dyson of the law firm of Bush Graziano Rice & Hearing, P.A. The City Council authorizes the City Attorney to approve legal lee invoices in the not-to-exceed amount of $100,000 for these cases. This agreement is exempt from bidding pursuant to Section 2.563(1)(g), Clearwater Code of Ordinances. APPROPRIATION CODE AND AMOUNT: A budget amendment may be needed in cost code 01009600-530100, Professional Services , to fund this contract. The operating budget of the City Attorney’s Office is funded by General Fund revenue. Page 1 City of Clearwater Printed on 2/18/2026 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#26-0130 Agenda Date: 2/19/2026 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: City Attorney Agenda Number: 6.13 SUBJECT/RECOMMENDATION: Request authority to initiate foreclosure actions on behalf of the City to recover amounts owed on municipal liens imposed against certain real property. (consent) SUMMARY: On July 19, 2018, the City retained Weidner Law, P.A. for representation in municipal lien foreclosure matters, and that agreement was recently amended and renewed. Weidner Law has filed several foreclosure lawsuits against blighted properties to ensure that code compliance is attained. Filing a lawsuit does not preclude the City from settling such a matter, if compliance is achieved during the process or an agreement is made with a prospective buyer to bring the property into compliance. Any settlement of such a claim must comply with City Code Sec. 2.527 and would be brought back to Council for approval if required. City staff has identified several properties as viable candidates for foreclosure based on such variables as: 1) the length of time that the property has been in violation; 2) whether the property is currently in compliance with city codes; 3) whether the property is homestead or currently occupied by someone; and 3) whether there are any superior liens identified on the property from a basic search. The following properties have been identified as viable foreclosure candidates because they appear to be unoccupied or abandoned and in a continuous state of disrepair: 1915 Macomber - Case 41-23, Case 48-24 1115 La Salle - Case 203-19 1113 La Salle - Case 39-24 2387 Nash St - Case 15-23, Case 144-23 1234 Eldridge - Case 60-22, Case 128-23 The properties identified for foreclosure have progressed through the City’s code enforcement process and have been determined to be in ongoing violation of the City’s municipal codes. These properties present a continued fiscal burden to the City, can pose public safety concerns, and continue to contribute to neighborhood blight. The subject properties are vacant parcels or unoccupied structures that have remained Page 1 City of Clearwater Printed on 2/18/2026 File Number: ID#26-0130 unmaintained and noncompliant despite repeated enforcement efforts. Over the past several years, the Planning and Development Department’s Code Compliance Division has spent significant staff time and resources responding to citizen complaints, monitoring nuisance activities or neglect and addressing blight through abatement activities at these locations. The City has made extensive efforts to achieve voluntary compliance, including the issuance of Notices of Violation, posting the properties, administrative enforcement actions (MCEB), mailing of cleanup cost recovery invoices, and annual follow-up notifications through the City Clerk’s Office. Despite these efforts, property owners have failed to respond or bring the properties into compliance. As of the date of this agenda item, the subject properties collectively carry an estimated $575,400.00 in outstanding daily accruing fines and have required 48 separate city-funded cleanup and abatement actions over the past two to five years. These costs remain unpaid and continue to accrue. Without further intervention, the City will continue to incur additional expenses to address safety issues and maintain minimum standards. Two of the parcels are vacant lots that are unmaintained by the owners, and the city has abated numerous times. The inspectors have not been able to contact with the owner to gain voluntary compliance. The other three parcels are single family homes that are all vacant, have no active utilities, and have outstanding fines accruing for abandoned building and other items in addition to what has now become routine property abatements each year. Initiating foreclosure proceedings represents the most effective and fiscally responsible method to recover public funds, eliminate persistent blight, and return these properties to productive use. This action is being pursued as a last resort following the exhaustion of voluntary compliance and administrative enforcement options and is intended to protect neighborhood stability, public safety, and taxpayer resources. The liens that the City seeks to foreclose also attach to any other non-exempt real property that the violator owns. As a result, additional properties may be included in the foreclosure action if they are cross-encumbered by the subject liens, and other remedies such as money judgments may be sought in order to obtain compliance. Based on the above, the city staff is requesting authority to initiate foreclosure actions to recover the amounts owed on the municipal liens that attach to the properties listed above. APPROPRIATION CODE AND AMOUNT: N/A Page 2 City of Clearwater Printed on 2/18/2026 Property Address Parcel ID Violation Amount Owed 1915 Macomber Ave. 03-29-15-83970-000-030 Nuisance Abatements $ 224,585.00 1115 La Salle St. 10-29-15-33552-006-0270 Nuisance Abatements $ 4,700.00 1113 La Salle St. 10-29-15-33552-006-0280 Nuisance Abatements $ 3,109.00 2387 Nash St. 18-29-16-34578-000-0580 Nuisance Abatements $ 96,247.00 1234 Eldridge St. 10-29-15-18450-004-0070 Nuisance Abatements $ 187,460.00 Request to Initiate Foreclosure •Properties found in violation through Municipal Code Enforcement Board •Properties present continued fiscal burden to the city and can pose safety concerns. •Significant staff time •Opportunity for development or revitalization •Collectively 48 separate city funded clean-ups over the last 2-5 years •Outstanding daily fines accruing at more than $575,400 as of the end of 2025. 1915 Macomber Ave •Vacant Single-Family Parcel (Non-Homesteaded) •No Active Utilities •Accruing daily fines for exterior surface, fence maintenance & abandoned building (Approx. $259,200) •8 abatements totaling $4,160 1113/1115 La Salle •Two connected vacant undeveloped lots located between two single family parcels •A total of 21 abatements between the two parcels •1113 La Salle = $3,109 •1115 La Salle = $5,045 •No contact with property owner •Excessive time & resources used for property maintenance •Better opportunity for development 2387 Nash St. •Unoccupied Single-Family Parcel (Non- Homesteaded) •No Utilities •Accruing daily fines for abandoned building (approx. $104,700) •9 abatements = $5,435 •Originally citizen driven complaints, now city is regularly maintaining 1234 Eldridge St. •Vacant Single-Family Parcel •No Active Utilities •Daily Accruing fines for abandoned building and exterior surfaces (Approx. $211,500) •10 abatements = $3,510 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#26-0120 Agenda Date: 2/19/2026 Status: Public HearingVersion: 1 File Type: Action ItemIn Control: Economic Development & Housing Agenda Number: 7.1 SUBJECT/RECOMMENDATION: Declare as surplus for the purpose of sale to Rosemary Cooper, certain unaddressed real property located at the southeast corner of Palm Bluff Street and North Myrtle Avenue; approve the agreement for transfer of real property; and authorize appropriate officials to execute same together with all other instruments required to affect closing. (APH) SUMMARY: The unaddressed city-owned property located at the southeast corner of Palm Bluff Street and North Myrtle Avenue (subject property) is 0.02 acres in size. Staff believes this parcel to be an uneconomic remainder of land and a confirmation of such status shall be made by the city council through the approval of this agenda item. The Pinellas County Property Appraiser defines this property under property use code 1000 (vacant commercial land) and has assigned a “just market” value of $8,748.00 and an assessed value of $1,089.00 to the property. The request for letters of interest was published on December 5, 2025. Respondents were given 30 days to submit a letter of interest. One submission was received from the individual who owns the adjacent property, a homesteaded single-family residence. The letter of interest included an offer of $500.00 for the parcel. Staff recommends declaring the subject property as surplus and proceeding with its disposition and sale, for the proposed sale price of $500.00. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A STRATEGIC PRIORITY: Objective 2.4 - Supports equitable housing programs that promote household stability and reduces the incidence of homelessness within Clearwater. Page 1 City of Clearwater Printed on 2/18/2026 1 THIS INSTRUMENT PREPARED BY: Matthew J. Mytych, Esq. City Attorney's Office City of Clearwater 600 Cleveland St., STE 600 Clearwater, Florida 33755 QUIT-CLAIM DEED THIS QUIT-CLAIM DEED is made and given this ______ day of ___________________, 2026, by the City of Clearwater, Florida, a Florida municipal corporation, whose mailing address is P.O. Box 4748, Clearwater, FL 33758 (“Grantor”), to Rosemary Cooper, a single person, whose mailing address is 703 Palm Bluff Street, Clearwater, FL 33755 (“Grantee”). Grantor, for and in consideration of Ten Dollars and 00/100 Cents ($10.00), and other good and valuable consideration paid by Grantee, the receipt of which is acknowledged, hereby conveys to Grantee, its successors and assigns, quitclaims, remises, releases, and conveys forever, the following described parcel of land located in Pinellas County, Florida, to wit: See attached Exhibit “A”. TO HAVE AND TO HOLD, the same in fee simple forever. THIS DEED IS SUBJECT TO THE FOLLOWING: Applicable zoning restrictions and to easements, reservations and all matters of record, if any, which are not specifically reimposed or extended hereby, and to taxes for the current year and subsequent years, if any. Grantor has not performed any title examination related to this transaction and provides no warranties of title. Grantor expressly releases any automatic reservation and right of entry in accordance with Fla. Stat. § 270.11. This instrument is executed pursuant to Fla. Stat. § 692.01 & 692.02. THE CITY OF CLEARWATER, FLORIDA, a Florida municipal corporation. By: _________________________________ Bruce Rector Mayor Approved as to form: Attest: ____________________________________ ____________________________________ Matthew J. Mytych, Esq. Rosemarie Call Senior Assistant City Attorney City Clerk 2 EXHIBIT “A” LEGAL DESCRIPTION The West 50 feet of Lot 13, unnumbered Block, PALM PARK ADDITION TO CLEARWATER, as recorded in Plat Book 4, page 86 of the Public Records of Hillsborough County, Florida, of which Pinellas County was formerly a part, the same being in Section 10, Township 29 South, Range 15 East. Parcel I.D. Number: 10-29-15-65718-000-0131 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ANX2025-12014 Agenda Date: 2/19/2026 Status: Public HearingVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 7.2 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 1604 Bonair Street and pass Ordinances 9875-26, 9876-26, and 9877-26 on first reading. (ANX2025-12014) SUMMARY: This voluntary annexation petition involves a 0.16-acre property consisting of one parcel of land occupied by a detached dwelling. The property is located on the north side of Bonair Street, approximately 215 feet west of Ridge Avenue. 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 to the north, south, and 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 Bonair 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 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 677 S. Hercules 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 5.0 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 Page 1 City of Clearwater Printed on 2/18/2026 File Number: ANX2025-12014 and Community Development Code; and ·The property proposed for annexation is contiguous to existing city boundaries to the north, south, and 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 2/18/2026 Ordinance No. 9875-26 ORDINANCE NO. 9875-26 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF BONAIR STREET, APPROXIMATELY 215 FEET WEST OF RIDGE AVENUE, WHOSE POST OFFICE ADDRESS IS 1604 BONAIR STREET, CLEARWATER, FLORIDA 33755 INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit “A” has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: LOT 9, BLOCK 2, HIGHLAND PINES SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 30, PAGE 41, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. (ANX2025-12014) 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. 9875-26 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): John Spencer & Mary Spencer Case: ANX2025-12014 Site: 1604 Bonair Street Property Size(Acres): 0.16 Land Use Zoning PIN: 11-29-15-39060-002-0090 From: Residential Low (RL) R-3; Single Family Residential Atlas Page: 270B To: Residential Low (RL) Low Medium Density Residential (LMDR) Exhibit "A" Ordinance No. 9876-26 ORDINANCE NO. 9876-26 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 BONAIR STREET, APPROXIMATELY 215 FEET WEST OF RIDGE AVENUE, WHOSE POST OFFICE ADDRESS IS 1604 BONAIR STREET, 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 9, BLOCK 2, HIGHLAND PINES SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 30, PAGE 41, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. RESIDENTIAL LOW (RL) (ANX2025-12014) 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. 9875-26 Ordinance No. 9876-26 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): John Spencer & Mary Spencer Case: ANX2025-12014 Site: 1604 Bonair Street Property Size(Acres): 0.16 Land Use Zoning PIN: 11-29-15-39060-002-0090 From: Residential Low (RL) R-3; Single Family Residential Atlas Page: 270B To: Residential Low (RL) Low Medium Density Residential (LMDR) Exhibit "A" Ordinance No. 9877-26 ORDINANCE NO. 9877-26 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 BONAIR STREET, APPROXIMATELY 215 FEET WEST OF RIDGE AVENUE, WHOSE POST OFFICE ADDRESS IS 1604 BONAIR STREET, 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: Property Zoning District LOT 9, BLOCK 2, HIGHLAND PINES SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 30, PAGE 41, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. LOW MEDIUM DENSITY RESIDENTIAL (LMDR) (ANX2025-12014) 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. 9875-26. Ordinance No. 9877-26 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): John Spencer & Mary Spencer Case: ANX2025-12014 Site: 1604 Bonair Street Property Size(Acres): 0.16 Land Use Zoning PIN: 11-29-15-39060-002-0090 From: Residential Low (RL) R-3; Single Family Residential Atlas Page: 270B To: Residential Low (RL) Low Medium Density Residential (LMDR) Exhibit "A" LOCATION MAP Owner(s): John R. Spencer & Mary L. Spencer Case: ANX2025-12014 Site: 1604 Bonair Street Property Size(Acres): 0.16 Land Use Zoning PIN: 11-29-15-39060-002-0090 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): John R. Spencer & Mary L. Spencer Case: ANX2025-12014 Site: 1604 Bonair Street Property Size(Acres): 0.16 Land Use Zoning PIN: 11-29-15-39060-002-0090 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): John R. Spencer & Mary L. Spencer Case: ANX2025-12014 Site: 1604 Bonair Street Property Size(Acres): 0.16 Land Use Zoning PIN: 11-29-15-39060-002-0090 From: Residential Low (RL) R-3; Single Family Residential Atlas Page: 270B To: Residential Low (RL) Low Medium Density Residential (LMDR) Detached Dwelling Detached Dwelling Detached Dwelling Detached Dwelling Detached Dwellings Detached Dwellings Detached Dwellings Detached Dwellings Detached Dwellings ANX2025-12014 John R. Spencer & Mary L. Spencer 1604 Bonair Street View looking north at the subject property, 1604 Bonair Street Across the street, to the south of the subject property East of the subject property West of the subject property View looking easterly along Bonair Street View looking westerly along Bonair Street Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ANX2025-12013 Agenda Date: 2/19/2026 Status: Public HearingVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 7.3 SUBJECT/RECOMMENDATION: Approve the annexation, initial Future Land Use Map designation of Residential Suburban (RS) and initial Zoning Atlas designation of Low Density Residential (LDR) District for 2941 Abbey Lake Road and pass Ordinances 9872-26, 9873-26, and 9874-26 on first reading. (ANX2025-12013) SUMMARY: This voluntary annexation petition involves a 2.5 acre property consisting of one parcel of land occupied by a detached dwelling. The property is located on the south side of Abbey Lake Road, approximately 512 feet west of Abbey Lake Road. The applicant is requesting annexation in order to receive solid waste service from the city. The property is located within an enclave and is contiguous to existing city boundaries to the east. The property is proposed to be assigned a Future Land Use Map designation of Residential Suburban (RS) and a Zoning Atlas designation of Low Density Residential (LDR). 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 to the southeast in the Abbey Lake Road right-of-way. The applicant is aware of 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 residential properties upon request. ·The proposed Residential Suburban (RS) 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 2.5 units per acre. The proposed zoning district to be assigned to the property is the Low Density Residential (LDR) 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 Page 1 City of Clearwater Printed on 2/18/2026 File Number: ANX2025-12013 ·The property proposed for annexation is contiguous to existing city boundaries to the 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 2/18/2026 Ordinance No. 9872-26 ORDINANCE NO. 9872-26 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF ABBEY LAKE ROAD, APPROXIMATELY 512 FEET WEST OF ABBEY LAKE ROAD, WHOSE POST OFFICE ADDRESS IS 2941 ABBEY LAKE ROAD, CLEARWATER, FLORIDA 33759 INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit “A” has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: FROM THE NORTHWEST CORNER OF THE SOUTHEAST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER OF SECTION 5, TOWNSHIP 29 S, RANGE 16 E, RUN THENCE S 89° 55' 26" E, ALONG THE 40 ACRE LINE, 564.0 FEET, FOR THE POB; THENCE CONTINUE S 89° 55' 26" E, ALONG THE 40 ACRE LINE 235.67 FEET; THENCE S 00° 04' 20" E, 461.70 FEET; THENCE N 89° 41' 26" W, 237.67 FEET; THENCE N 00° 10' 34" E, PARALLEL TO THE 40 ACRE LINE, 460.74 FEET, TO THE POB; SUBJECT TO EASEMENT FOR ROAD RIGHT-OF-WAY PURPOSES ACROSS THE NORTHERLY 20 FEET THEREOF. (ANX2025-12013) 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. 9872-26 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): Shirley A. Bragdon Case: ANX2025-12013 Site: 2941 Abbey Lake Road Property Size(Acres): 2.50 Land Use Zoning PIN: 05-29-16-00000-140-0400 From: Residential Agriculture (R-A) Atlas Page: 255B To: Residential Suburban(RS) Residential Suburban (RS) Low Density Residential (LDR) Exhibit "A" Ordinance No. 9873-26 ORDINANCE NO. 9873-26 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 ABBEY LAKE ROAD, APPROXIMATELY 512 FEET WEST OF ABBEY LAKE ROAD, WHOSE POST OFFICE ADDRESS IS 2941 ABBEY LAKE ROAD, CLEARWATER, FLORIDA 33759, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL SUBURBAN (RS); 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 FROM THE NORTHWEST CORNER OF THE SOUTHEAST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER OF SECTION 5, TOWNSHIP 29 S, RANGE 16 E, RUN THENCE S 89° 55' 26" E, ALONG THE 40 ACRE LINE, 564.0 FEET, FOR THE POB; THENCE CONTINUE S 89° 55' 26" E, ALONG THE 40 ACRE LINE 235.67 FEET; THENCE S 00° 04' 20" E, 461.70 FEET; THENCE N 89° 41' 26" W, 237.67 FEET; THENCE N 00° 10' 34" E, PARALLEL TO THE 40 ACRE LINE, 460.74 FEET, TO THE POB; SUBJECT TO EASEMENT FOR ROAD RIGHT-OF-WAY PURPOSES ACROSS THE NORTHERLY 20 FEET THEREOF. Residential Suburban (RS) (ANX2025-12013) 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. 9872-26. Ordinance No. 9873-26 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): Shirley A. Bragdon Case: ANX2025-12013 Site: 2941 Abbey Lake Road Property Size(Acres): 2.50 Land Use Zoning PIN: 05-29-16-00000-140-0400 From: Residential Agriculture (R-A) Atlas Page: 255B To: Residential Suburban (RS) Residential Suburban (RS) Low Density Residential (LDR) Exhibit "A" Ordinance No. 9874-26 ORDINANCE NO. 9874-26 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON SOUTH SIDETHE OF ABBEY LAKE ROAD, APPROXIMATELY 512 FEET WEST OF ABBEY LAKE ROAD, WHOSE POST OFFICE ADDRESS IS 2941 ABBEY LAKE ROAD, CLEARWATER, FLORIDA 33759, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW DENSITY RESIDENTIAL (LDR); 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. 9872-26. Property Zoning District FROM THE NORTHWEST CORNER OF THE SOUTHEAST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER OF SECTION 5, TOWNSHIP 29 S, RANGE 16 E, RUN THENCE S 89° 55' 26" E, ALONG THE 40 ACRE LINE, 564.0 FEET, FOR THE POB; THENCE CONTINUE S 89° 55' 26" E, ALONG THE 40 ACRE LINE 235.67 FEET; THENCE S 00° 04' 20" E, 461.70 FEET; THENCE N 89° 41' 26" W, 237.67 FEET; THENCE N 00° 10' 34" E, PARALLEL TO THE 40 ACRE LINE, 460.74 FEET, TO THE POB; SUBJECT TO EASEMENT FOR ROAD RIGHT-OF-WAY PURPOSES ACROSS THE NORTHERLY 20 FEET THEREOF. Low Density Residential (LDR) (ANX2025-12013) Ordinance No. 9874-26 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): Shirley A. Bragdon Case: ANX2025-12013 Site: 2941 Abbey Lake Road Property Size(Acres): 2.50 Land Use Zoning PIN: 05-29-16-00000-140-0400 From: Residential Agriculture (R-A) Atlas Page: 255B To: Residential Suburban (RS) Residential Suburban (RS) Low Density Residential (LDR) Exhibit "A" LOCATION MAP Owner(s): Shirley A. Bragdon Case: ANX2025-12013 Site: 2941 Abbey Lake Road Property Size(Acres): 2.50 Land Use Zoning PIN: 05-29-16-00000-140-0400 From: Residential Agriculture (R-A) Atlas Page: 255B To: Residential Suburban(RS) Residential Suburban (RS) Low Density Residential (LDR) AERIAL PHOTOGRAPH Owner(s): Shirley A. Bragdon Case: ANX2025-12013 Site: 2941 Abbey Lake Road Property Size(Acres): 2.50 Land Use Zoning PIN: 05-29-16-00000-140-0400 From: Residential Agriculture (R-A) Atlas Page: 255B To: Residential Suburban(RS) Residential Suburban (RS) Low Density Residential (LDR) EXISTING SURROUNDING USES MAP Owner(s): Shirley A. Bragdon Case: ANX2025-12013 Site: 2941 Abbey Lake Road Property Size(Acres): 2.50 Land Use Zoning PIN: 05-29-16-00000-140-0400 From: Residential Agriculture (R-A) Atlas Page: 255B To: Residential Suburban(RS) Residential Suburban (RS) Low Density Residential (LDR) Water Detached Dwelling School Detached Dwellings Detached Dwelling Detached Dwellings Detached Dwellings ANX2025-12013 Shirley A. Bragdon 2941 Abbey Lake Road View looking south at the subject property, 2941 Abbey Lake Road Across the street, to the north of the subject property South of the subject property East of the subject property View looking east along Abbey Lake Road View looking west along Abbey Lake Road Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: LUP2025-11005 Agenda Date: 2/19/2026 Status: Public HearingVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 7.4 SUBJECT/RECOMMENDATION: Continue to March 30, 2026: Amend the Future Land Use Map to apply a new Planned Redevelopment District (PRD) overlay to the area encompassing the North Greenwood CRA boundary with the exception of the area comprising the Old Bay Character District of the Downtown which is designated as Central Business District (CBD), and any properties designated as Water, Preservation (P), or Recreation/Open Space (R/OS) on the city's Future Land Use Map and pass Ordinance 9861-26 on first reading. (LUP2025-11005) Page 1 City of Clearwater Printed on 2/18/2026 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: CPA2025-10001 Agenda Date: 2/19/2026 Status: Public HearingVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 7.5 SUBJECT/RECOMMENDATION: Continue to March 30, 2026: Amend Clearwater 2045, the city’s Comprehensive Plan, to establish a new Planned Redevelopment District (PRD) Overlay future land use category, with associated bonuses, and incorporate policies for a new North Greenwood Community Overlay District and pass Ordinance 9860-26 on first reading. (CPA2025-10001) Page 1 City of Clearwater Printed on 2/18/2026 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#26-0091 Agenda Date: 2/19/2026 Status: Public HearingVersion: 1 File Type: Action ItemIn Control: Marine & Aviation Agenda Number: 7.6 SUBJECT/RECOMMENDATION: Approve the Joint Participation Agreement (JPA) G3G00 between the City of Clearwater and the State of Florida Department of Transportation (FDOT), for a grant to repaint runway and taxiway markings, authorize the appropriate officials to execute same, and adopt Resolution 26-03. SUMMARY: FDOT JPA Agreement G3G00 provides for an 80% grant to repaint runway and taxiway markings, with 20% cash match. The project cost is $40,000 with FDOT contributing $32,000 and City of Clearwater contributing $8,000 in matching funds. APPROPRIATION CODE AND AMOUNT: Capital improvement project 302-G2603, Repaint Runway and Taxiway Markings, was established to account for this agreement budgeted with $32,000.00 in grant revenues from FDOT and $8,000.00 from Airpark Enterprise Fund revenue. 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. Community Well-Being: 3.2 Preserve community livability through responsible development standards, proactive code compliance, and targeted revitalization. Environmental Stewardship: 4.4 Develop accessible and active transportation networks that enhance pedestrian safety and reduce citywide greenhouse gas emissions. Page 1 City of Clearwater Printed on 2/18/2026 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 10/25 Financial Project Number(s): (item-segment-phase-sequence) Fund(s): DDR FLAIR Category: 088719 449409-1-94-01 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: G3G00 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 Repaint Runway and Taxiway Markings, 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) Page 1 of 39 Docusign Envelope ID: ED266475-1E53-4D0A-97B8-1CD73E07D793 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 10/25 Exhibit E3: Geoengineering and Weather Modification Reporting (Aviation) Exhibit E4: Energy Policy Goals Reporting X Exhibit F: Contract Payment Requirements X *Exhibit G: Audit Requirements for Awards of State Financial Assistance *Exhibit H: Audit Requirements for Awards of Federal Financial Assistance *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 Page 2 of 39 Docusign Envelope ID: ED266475-1E53-4D0A-97B8-1CD73E07D793 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 10/25 of the termination of the Agreement any funds that were determined by the Department to have been expended in violation of the Agreement. e. The Department reserves the right to unilaterally cancel this Agreement for failure by the Agency to comply with the Public Records provisions of Chapter 119, Florida Statutes. 9. Project Cost: a. The estimated total cost of the Project is $40,000. 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 $32,000 and, the Department’s participation in the Project shall not exceed 80.00% of the total eligible cost of the Project, and as more fully described in Exhibit “B’’, Schedule of Financial Assistance. The Agency agrees to bear all expenses in excess of the amount of the Department’s participation and any cost overruns or deficits involved. 10. Compensation and Payment: a. Eligible Cost. The Department shall reimburse the Agency for allowable costs incurred as described in Exhibit “A”, Project Description and Responsibilities, and as set forth in Exhibit “B”, Schedule of Financial Assistance. b. Deliverables. The Agency shall provide quantifiable, measurable, and verifiable units of deliverables. Each deliverable must specify the required minimum level of service to be performed and the criteria for evaluating successful completion. The Project and the quantifiable, measurable, and verifiable units of deliverables are described more fully in Exhibit “A”, Project Description and Responsibilities. Modifications to the deliverables in Exhibit “A”, Project Description and Responsibilities requires a formal written amendment. c. Invoicing. Invoices shall be submitted no more often than monthly by the Agency in detail sufficient for a proper pre-audit and post-audit, based on the quantifiable, measurable, and verifiable deliverables as established in Exhibit “A”, Project Description and Responsibilities. Deliverables and costs incurred must be received and approved by the Department prior to reimbursement. Requests for reimbursement by the Agency shall include an invoice, progress report, and supporting documentation for the deliverables being billed that are acceptable to the Department. The Agency shall use the format for the invoice and progress report that is approved by the Department. d. Supporting Documentation. Supporting documentation must establish that the deliverables were received and accepted in writing by the Agency and must also establish that the required minimum standards or level of service to be performed based on the criteria for evaluating successful completion as specified in Exhibit “A”, Project Description and Responsibilities has been met. All costs invoiced shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers evidencing in proper detail the nature and propriety of charges as described in Exhibit “F”, Contract Payment Requirements. e. Travel Expenses. The selected provision below is controlling regarding travel expenses: X Travel expenses are NOT eligible for reimbursement under this Agreement. Page 3 of 39 Docusign Envelope ID: ED266475-1E53-4D0A-97B8-1CD73E07D793 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 10/25 Travel expenses ARE eligible for reimbursement under this Agreement. Bills for travel expenses specifically authorized in this Agreement shall be submitted on the Department’s Contractor Travel Form No. 300-000-06 and will be paid in accordance with Section 112.061, Florida Statutes, and the most current version of the Department’s Disbursement Handbook for Employees and Managers. 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 Page 4 of 39 Docusign Envelope ID: ED266475-1E53-4D0A-97B8-1CD73E07D793 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 10/25 Department. The Department will be entitled at all times to be advised, at its request, as to the status of the Project and of details thereof. j. Submission of Other Documents. The Agency shall submit to the Department such data, reports, records, contracts, and other documents relating to the Project as the Department may require as listed in Exhibit "E", Program Specific Terms and Conditions attached to and incorporated into this Agreement. 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. Page 5 of 39 Docusign Envelope ID: ED266475-1E53-4D0A-97B8-1CD73E07D793 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 10/25 p. Non-Eligible Costs. In determining the amount of the payment, the Department will exclude all Project costs incurred by the Agency prior to the execution of this Agreement, costs incurred after the expiration of the Agreement, costs that are not provided for in Exhibit “A”, Project Description and Responsibilities, and as set forth in Exhibit “B”, Schedule of Financial Assistance, costs agreed to be borne by the Agency or its contractors and subcontractors for not meeting the Project commencement and final invoice time lines, and costs attributable to goods or services received under a contract or other arrangement that has not been approved 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. Page 6 of 39 Docusign Envelope ID: ED266475-1E53-4D0A-97B8-1CD73E07D793 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 10/25 f. Agency Compliance with Laws, Rules, and Regulations, Guidelines, and Standards. The Agency shall comply and require its contractors and subcontractors to comply with all terms and conditions of this Agreement and all federal, state, and local laws and regulations applicable to this Project. g. Claims and Requests for Additional Work. The Agency shall have the sole responsibility for resolving claims and requests for additional work for the Project. The Agency will make 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 Page 7 of 39 Docusign Envelope ID: ED266475-1E53-4D0A-97B8-1CD73E07D793 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 10/25 have the opportunity to compete for and perform contracts. The Agency and its contractors and subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. 13. Maintenance Obligations. In the event the Project includes construction or the acquisition of commodities then the following provisions are incorporated into this Agreement: 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: Page 8 of 39 Docusign Envelope ID: ED266475-1E53-4D0A-97B8-1CD73E07D793 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 10/25 a. In addition to reviews of audits conducted in accordance with 2 CFR Part 200, Subpart F – Audit Requirements, monitoring procedures may include but not be limited to on-site visits by Department staff and/or other procedures, including reviewing any required performance and financial reports, following up, ensuring corrective action, and issuing management decisions on weaknesses found through audits when those findings pertain to Federal awards provided through the Department by this Agreement. By entering into this Agreement, the Agency agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. The Agency further agrees to comply and cooperate with any 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 Page 9 of 39 Docusign Envelope ID: ED266475-1E53-4D0A-97B8-1CD73E07D793 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 10/25 30 calendar days after receipt of the auditor’s report(s) or nine months after the end of the audit period as required by 2 CFR Part 200, Subpart F – Audit Requirements. v. Within six months of acceptance of the audit report by the FAC, the Department will review the Agency’s audit reporting package, including corrective action plans and management letters, to the extent necessary to determine whether timely and appropriate action on all deficiencies has been taken pertaining to the Federal award provided through the Department by this Agreement. If the Agency fails to have an 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: ED266475-1E53-4D0A-97B8-1CD73E07D793 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 10/25 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 Page 11 of 39 Docusign Envelope ID: ED266475-1E53-4D0A-97B8-1CD73E07D793 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 10/25 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. vi. The Agency, when submitting financial reporting packages to the Department for audits done in accordance with Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date the reporting package was delivered to the Agency in correspondence accompanying the reporting package. 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, Page 12 of 39 Docusign Envelope ID: ED266475-1E53-4D0A-97B8-1CD73E07D793 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 10/25 subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. c. Non-Responsible Contractors. An entity or affiliate who has had its Certificate of Qualification suspended, revoked, denied, or have further been determined by the Department to be a non-responsible contractor, may not submit a bid or perform work for the construction or repair of a public building or public work on a contract with the Agency. d. Prohibition on Using Funds for Lobbying. No funds received pursuant to this Agreement may be expended for lobbying the Florida Legislature, judicial branch, or any state agency, in accordance with Section 216.347, Florida Statutes. 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: Page 13 of 39 Docusign Envelope ID: ED266475-1E53-4D0A-97B8-1CD73E07D793 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 10/25 i. “Officer” means a chief executive officer, chief financial officer, chief operating officer, or any other position performing and equivalent function. 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”), Page 14 of 39 Docusign Envelope ID: ED266475-1E53-4D0A-97B8-1CD73E07D793 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 10/25 ensure that such employees are covered by Workers’ Compensation Insurance through the PEO’s or other leasing entities. Ensure that any equipment rental agreements that include operators or other personnel who are employees of independent contractors, sole proprietorships, or partners are covered by insurance required under Florida’s Workers' Compensation law. c. If the Agency elects to self-perform the Project, then the Agency may self-insure. If the Agency elects to hire a contractor or consultant to perform the Project, then the Agency shall carry, or cause its contractor or consultant to carry, Commercial General Liability insurance providing continuous coverage for all work or operations performed under this Agreement. Such insurance shall be no more restrictive than that provided by the latest occurrence form edition of the standard Commercial General Liability Coverage Form (ISO Form CG 00 01) as filed for use in the State of Florida. The Agency shall cause, or cause its contractor or consultant to cause, the Department to be made an Additional Insured as to such insurance. Such coverage shall be on an “occurrence” basis and shall include Products/Completed Operations coverage. The coverage afforded to the Department as an Additional Insured shall be primary as to any other available insurance and shall not be more restrictive than the coverage afforded to the Named Insured. The limits of coverage shall not be less than $1,000,000 for each occurrence and not less than a $5,000,000 annual general aggregate, inclusive of amounts provided by an umbrella or excess policy. The limits of coverage described herein shall apply fully to the work or operations performed under the Agreement, and may not be shared with or diminished by claims unrelated to the Agreement. The policy/ies and coverage described herein may be subject to a deductible and such deductibles shall be paid by the Named Insured. No policy/ies or coverage described herein may contain or be subject to a Retention or a Self-Insured Retention unless the Agency is a state agency or subdivision of the State of Florida that elects to self-perform the Project. Prior to the execution of the Agreement, and at all renewal periods which occur prior to final acceptance of the work, the Department shall be provided with an ACORD Certificate of Liability Insurance reflecting the coverage described herein. The Department shall be notified in writing within ten days of any cancellation, notice of cancellation, lapse, renewal, or proposed change to any policy or coverage described herein. The Department’s approval or failure to disapprove any policy/ies, 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 Page 15 of 39 Docusign Envelope ID: ED266475-1E53-4D0A-97B8-1CD73E07D793 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 10/25 Commercial General Liability policy/ies procured above. 19. Miscellaneous: a. Environmental Regulations. The Agency will be solely responsible for compliance with all applicable environmental regulations and for any liability arising from non-compliance with these regulations, and will reimburse the Department for any loss incurred in connection therewith. b. Non-Admission of Liability. In no event shall the making by the Department of any payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist on the part of the Agency and the making of such payment by the Department, while any such breach or default shall exist, shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. c. Severability. If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance, the remainder would then continue to conform to the terms and requirements of applicable law. d. Agency not an agent of Department. The Agency and the Department agree that the Agency, its employees, contractors, subcontractors, consultants, and subconsultants are not agents of the Department as a result of this Agreement. e. Bonus or Commission. By execution of the Agreement, the Agency represents that it has not paid and, also agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. f. Non-Contravention of State Law. Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision or perform any act or do any other thing in 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 Page 16 of 39 Docusign Envelope ID: ED266475-1E53-4D0A-97B8-1CD73E07D793 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 10/25 contract and Florida law, the laws of Florida shall prevail. The Agency agrees to waive forum and venue and that the Department shall determine the forum and venue in which any dispute under this Agreement is decided. IN WITNESS WHEREOF, the Parties have executed this Agreement on the day and year written above. AGENCY City of Clearwater By: Name: Title: STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION By: Name: 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: ED266475-1E53-4D0A-97B8-1CD73E07D793 01/20/2026 | 4:07 PM EST STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 10/25 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)): Repaint Runway and Taxiway Markings. 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 costs, construction inspection costs, mobilization and demobilization, pavement marking removal, surface preparation, pavement markings, and safety barricades, including all materials, equipment, labor, and incidentals required to mark the runway. 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: ED266475-1E53-4D0A-97B8-1CD73E07D793 Page 19 of 39 Docusign Envelope ID: ED266475-1E53-4D0A-97B8-1CD73E07D793 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 10/25 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 449409-1-94-01 449409-1-94-01 DDR LF 088719 088719 2026 2026 751000 751000 55.004 55.004 Aviation Grant Program Aviation Grant Program $32,000.00 $8,000.00 Total Financial Assistance $40,000.00 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 $32,000.00 $8,000.00 $0.00 $40,000.00 80.00 20.00 0.00 Capital Equipment/ Preventative Maintenance $0.00 $0.00 $0.00 $0.00 0.00 0.00 0.00 Match to Direct Federal Funding $0.00 $0.00 $0.00 $0.00 0.00 0.00 0.00 Mobility Management (Transit Only) $0.00 $0.00 $0.00 $0.00 0.00 0.00 0.00 Totals $32,000.00 $8,000.00 $0.00 $40,000.00 *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: ED266475-1E53-4D0A-97B8-1CD73E07D793 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 10/25 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: ED266475-1E53-4D0A-97B8-1CD73E07D793 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 10/25 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: ED266475-1E53-4D0A-97B8-1CD73E07D793 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 10/25 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: ED266475-1E53-4D0A-97B8-1CD73E07D793 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 10/25 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: ED266475-1E53-4D0A-97B8-1CD73E07D793 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 10/25 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: ED266475-1E53-4D0A-97B8-1CD73E07D793 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 10/25 EXHIBIT D AGENCY RESOLUTION PLEASE SEE ATTACHED Page 26 of 39 Docusign Envelope ID: ED266475-1E53-4D0A-97B8-1CD73E07D793 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 10/25 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: ED266475-1E53-4D0A-97B8-1CD73E07D793 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 10/25 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: ED266475-1E53-4D0A-97B8-1CD73E07D793 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 10/25 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: ED266475-1E53-4D0A-97B8-1CD73E07D793 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 10/25 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: ED266475-1E53-4D0A-97B8-1CD73E07D793 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 10/25 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: ED266475-1E53-4D0A-97B8-1CD73E07D793 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 10/25 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: ED266475-1E53-4D0A-97B8-1CD73E07D793 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 10/25 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: ED266475-1E53-4D0A-97B8-1CD73E07D793 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 10/25 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: ED266475-1E53-4D0A-97B8-1CD73E07D793 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 10/25 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: ED266475-1E53-4D0A-97B8-1CD73E07D793 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 10/25 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: ED266475-1E53-4D0A-97B8-1CD73E07D793 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 10/25 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: ED266475-1E53-4D0A-97B8-1CD73E07D793 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 10/25 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: ED266475-1E53-4D0A-97B8-1CD73E07D793 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 10/25 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: $32,000 *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: ED266475-1E53-4D0A-97B8-1CD73E07D793 FLORIDA DEPARTMENT OF TRANSPORTATION FUNDS APPROVAL G3G00 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:$32,000.00 Financial Project:44940919401 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:$32,000.00 Contract:G3G00 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 = $32,000.00 Method of Procurement:G - GOVERMENTAL AGENCY (287.057,F.S.) Description:Repaint Runway and Taxiway Markings Page1 of 1 To: Raymond.Clark@dot.state.fl.us Docusign Envelope ID: ED266475-1E53-4D0A-97B8-1CD73E07D793 Public Transportation Grant Agreement Project No. 449409-1-94-01 Contract No. G3G00 Michael MacDonald is hereby granted authority to sign the above-referenced grant agreement and any exhibits or other documentation relating to this agreement on behalf of the City of Clearwater, Florida in his capacity as Marine and Aviation Director. Bruce Rector Jennifer Poirrier Mayor City Manager Approved as to form: Attest: Melissa Isabel Rosemarie Call Senior Assistant City Attorney City Clerk RESOLUTION NO 26-03 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 REPAINT RUNWAY AND TAXIWAY MARKINGS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Florida Department of Transportation (FDOT) has agreed to a grant to provide funding to repaint runway and taxiway markings at the Clearwater Executive Airport under Joint Participation Agreement Financial Project No.: 449409-1- 94-01, Contract No.: G3G00 (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 Executive Airport, 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 _____________, 2026. ____________________________ 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#26-0138 Agenda Date: 2/19/2026 Status: Public HearingVersion: 1 File Type: Action ItemIn Control: City Attorney Agenda Number: 7.7 SUBJECT/RECOMMENDATION: Oppose the inclusion of new offshore oil and gas leasing off the coast of Florida and adopt Resolution 26-05 SUMMARY: During the February 2, 2026 work session, the City Council directed the City Attorney to draft Resolution 26-05 which opposes the inclusion of new offshore oil and gas leasing off the coast of Florida. APPROPRIATION CODE AND AMOUNT: N/A Page 1 City of Clearwater Printed on 2/18/2026 Resolution 26-05 RESOLUTION NO. 26-05 A RESOLUTION OPPOSING THE INCLUSION OF NEW OFFSHORE OIL AND GAS LEASING OFF THE COAST OF FLORIDA IN THE FIVE-YEAR NATIONAL OUTER CONTINENTAL SHELF OIL AND GAS LEASING PROGRAM. WHEREAS, the economy of Clearwater depends heavily on a healthy coastal and marine environment, supporting industries such as tourism, recreation, commercial and recreational fishing, and related small businesses; and WHEREAS, clean water, thriving ecosystems, and an attractive coastal environment are vital to maintaining property values, sustaining local businesses, and ensuring the quality of life for residents and visitors alike; and WHEREAS, offshore oil and gas exploration, development, and drilling carry inherent risks, including oil spills, leaks, habitat destruction, and pollution, which could cause significant, long-term harm to our coastal economy, natural resources, and way of life; and WHEREAS, seismic airgun blasting used in offshore oil and gas exploration poses a significant threat to marine life, including whales, dolphins, sea turtles, and fish stocks, by producing loud, repetitive underwater noise that can disrupt communication, navigation, reproduction, and foraging behavior; and WHEREAS, the ecological damage caused by seismic testing undermines the health of marine ecosystems and directly threatens industries such as commercial and recreational fishing that depend on robust marine populations; and WHEREAS, even the perception of environmental risk associated with offshore drilling can negatively impact tourism, investment, and business development in coastal areas; and WHEREAS, the Bureau of Ocean Energy Management is developing the 11th National Outer Continental Shelf Oil and Gas Leasing Program and has requested public input on whether to include new offshore leasing areas; and WHEREAS, the protection of our coastal environment and economy is a priority for Clearwater, and the long-term well-being of our community outweighs the short-term benefits that expanded offshore drilling might offer to the oil and gas industry. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA; Section 1. The City of Clearwater formally opposes the inclusion of any new offshore oil and gas leasing off the coast of Florida in the 11th National Outer Continental Resolution 26-05 Shelf Oil and Gas Leasing Program. Section 2. The City of Clearwater urges the Bureau of Ocean Energy Management to prioritize the protection of coastal economies, communities, and ecosystems by excluding new offshore oil and gas leases from the final leasing program Section 3. The City of Clearwater requests our federal representatives in Congress to oppose efforts to expand offshore drilling and to support policies that protect our oceans, coasts, and the industries and communities that depend on them. Section 4. A copy of this resolution shall be sent to the Bureau of Ocean Energy Management, Senator Ashley Moody, Senator Rick Scott, Representative Anna Paulina Luna and any other relevant officials. PASSED AND ADOPTED by the City Council of Clearwater, Florida, on February 19, 2026. __________________________ Bruce Rector Mayor Approved as to form: Attest: __________________________ __________________________ Owen Kohler Rosemarie Call Interim City Attorney City Clerk Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: Resolution 26-06 Agenda Date: 2/19/2026 Status: Public HearingVersion: 1 File Type: ResolutionIn Control: City Attorney Agenda Number: 7.8 SUBJECT/RECOMMENDATION: Reaffirm that land known as the Old City Hall site is unnecessary for public purposes; that disposal of said land is in the best interest of the public; authorize conveyance of the land by Special Warranty Deed pursuant to the terms of the Purchase and Sale Agreement; authorize appropriate officials to execute said deed and other related closing documents; release any automatic reservation and right of entry in accordance with F. S. § 270.11; provide severability; provide for an effective date and adopt Resolution 26-06. SUMMARY: On August 4, 2022, the City Council approved a Purchase and Sale Agreement (PSA) for the Old City Hall Site, previously addressed as 150 S. Osceola Ave. The PSA was subsequently amended several times, and it now contemplates a Closing Date on or before March 1, 2026. The PSA requires the buyer to obtain all pre-development approvals, such as an approved site plan and building permit, and to provide the City with satisfactory evidence of adequate financing and construction agreements in place prior to closing. The proposed resolution is necessary to comply with the current title commitment’s requirements and authorizes the appropriate officials to execute a special warranty deed and other conveyance documents as necessary in order to convey marketable title in accordance with the terms of the PSA. Page 1 City of Clearwater Printed on 2/18/2026 RESOLUTION NO. 26-06 A RESOLUTION OF THE CITY OF CLEARWATER REAFFIRMING THAT LAND KNOWN AS THE OLD CITY HALL SITE IS UNNECESSARY FOR PUBLIC PURPOSES; THAT DISPOSAL OF SAID LAND IS IN THE BEST INTEREST OF THE PUBLIC; AUTHORIZING CONVEYANCE OF THE LAND BY SPECIAL WARRANTY DEED PURSUANT TO THE TERMS OF THE PURCHASE AND SALE AGREEMENT; AUTHORIZING APPROPRIATE OFFICIALS TO EXECUTE SAID DEED; RELEASING ANY AUTOMATIC RESERVATION AND RIGHT OF ENTRY IN ACCORDANCE WITH F. S. 270.11; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Clearwater owns in fee simple a parcel of land with an address of 100 and 150 S. Osceola Ave. and a parcel identification number 16-29-15- 16853-002-0020, said parcel being colloquially known as the “Old City Hall” site; and WHEREAS, the City of Clearwater has replatted the land of Coachman Park including the Former Old City Hall site, such that it may be legally described as Lot 2, Block 2, Coachman Park, according to the map or plat thereof, as recorded in Plat Book 147, Page(s) 63-66, of the Public Records of Pinellas County, Florida (“Subject Property”). WHEREAS, on November 8, 2022, the electors of the City of Clearwater approved an amendment to the Clearwater City Charter, authorizing the sale of the parcel (the “Subject Property”) to Gotham Property Acquisitions, LLC (“Gotham”), and the DeNunzio Group, LLC (“DeNunzio”), or their affiliated entities (referred to herein as the “Developer”); and WHEREAS, on August 4, 2022, The City of Clearwater and Gotham entered into that certain Contract for Purchase of Real Property (as amended by that certain First Amendment to Contract for Purchase of Real Property, dated as of January 3, 2023, that certain Second Amendment to Contract for Purchase of Real Property, dated as of August 22, 2023, that certain Third Amendment to Contract for Purchase of Real Property, dated as of October 16, 2023, that certain Fourth Amendment to Contract for Purchase of Real Property, dated as of February 7, 2024, and that certain Fifth Amendment to Contract for Purchase of Real Property, dated as of December 11, 2025, the “Purchase Agreement”); WHEREAS, Gotham and DeNunzio have assigned their rights in the Purchase Agreement to Clearwater Bluff LLC, a Delaware limited liability company (“Purchaser”) as authorized by the City Charter and the Purchase Agreement; WHEREAS, on August 4, 2022, the City, Gotham and DeNunzio entered into that certain Development Agreement (as amended by that certain First Amendment to Development Agreement, dated as of June 6, 2024, the “Development Agreement”), for the Land as required by the City Charter Section 2.01(d)(8); WHEREAS, the terms of that development agreement have been approved by the City Council pursuant to Florida Statute § 163.3225, and are recorded in Book 22172, Page 916-969, of the Official Records of Pinellas County, and Book 22830, Page 404- 440; and WHEREAS, the Clearwater City Council desires to authorize the conveyance of the Subject Property as described herein to the Purchaser with contractual rights under a Purchase Agreement with the vested owner identified therein by and through the appropriate city officials who are authorized to execute said deed, and to authorize the City Manager or her designee to execute all associated documents as necessary to effectuate the closing in accordance with the terms of the Purchase Agreement and Development Agreement; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: SECTION 1: The Clearwater City Council hereby reaffirms the surplus declaration finding that the Subject Property is no longer necessary for public purposes. SECTION 2: The Clearwater City Council reaffirms that disposal of the Subject Property consistent with the Purchase and Development Agreements is in the best interest of the Public. SECTION 3: The Clearwater City Council authorizes the conveyance of the land as described herein to the Purchaser with contractual rights under the Purchase Agreement with the vested owner identified therein by and through the appropriate city officials authorized to execute a Deed that conforms to the requirements of the Purchase Agreement. The City Manager or her designee may execute all associated documents as necessary to effectuate the closing in accordance with the terms of the Purchase Contract. SECTION 4: The Clearwater City Council approves of the conveyance of the land by Special Warranty Deed, and said Deed shall release any automatic reservation and right of entry in accordance with Florida Statute Section 270.11. SECTION 5: This Resolution is not intended to modify, amend, or supersede the terms of the Purchase Agreement or development agreements described herein. The provisions of this Resolution are independent, and should any part be found void or unenforceable, the remaining provisions shall continue in force. SECTION 4: This Resolution shall be effective upon adoption. PASSED AND ADOPTED this______ day of February 2026. __________________________ Bruce Rector, Mayor Approved as to form: Attest: _______________________ __________________________ Jerrod Simpson Rosemarie Call Senior Assistant City Attorney City Clerk O 0 01 Is zr Couh l[Sfrategic Priorities _k r. 2025 ., 1 Focus first on what we have now. VZ -Z i - oc ATF.. IN Alla 4 . Wb AIM.. Call, Rosemarie From: Daniel Holuba <dholubal2@yahoo.com> Sent: Thursday, February 19, 2026 3:35 PM To: Call, Rosemarie Subject: Tonight's consent agenda 02-19-2026 MS Call Please remove the following items from the consent agenda as I may very well wish to speak to them. 6.2 6.3 6.4 VTY Mr. Holuba Call, Rosemarie From: nick nicholson <nick9992009@live.com> Sent: Tuesday, February 17, 2026 2:05 PM To: ClearwaterCouncil Subject: The Landings 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'm vehemently opposed to the land developer of The Landings Golf Course. This would bring un -wanted traffic and pollution to this quiet community. The golf course is used by us full time residents and by vacationers year round. James Nicholson 2060 Marilyn St 101 Clearwater Fl 33765 Sent from Outlook 1 4 Call, Rosemarie From: tbrommboesen <tbrommboesen@gmail.com> Sent: Monday, February 16, 2026 10:30 AM To: ClearwaterCouncil Subject: NO DEVELOPMENT AT LANDINGS! 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. Clearwater City Council, This has already been defeated once! The city has already heard from the community of Clearwater..but it seems to be deaf to anyone but Developers!! No commercial development park, restaurants, entertainment for 1500 seat venue, almost 2000 parking spots, all on the Landings. No! This is our residential neighborhood with schools, churches, and small business, Habitat, greenspace! No traffic, No noise, No lights at night, No $5 parking fees, membership fees N so many reasons to oppose this insistant plan! NO COMMERCIAL DEVELOPMENT AT THE LANDINGS!! Sincerely, Theresa and Peter Boesen Tbrommboesen@gmail.com Sent from myT-Mobile 5G Device 1 Call, Rosemarie From: suemanseau@yahoo.com Sent: Monday, February 16, 2026 10:38 AM To: ClearwaterCouncil Subject: Commercial Development Park at the Landings CAUTION: This email originated from outside of the City of Clearwater. Do nott click links or open attachments unless you recognize the sender and know the content is safe.' I am opposed to the construction of a major development park at the Landings. This will have a very negative impact on our community on so many levels. I don't see any positives to those of us who live in the neighborhood regarding traffic, pollution, water and traffic issues, etc. I urge you to not go forward with this plan. We need to keep our green spaces free of commercial development as green spaces are dwindling and are necessary to preserve. Sue Manseau 1865 Harding St Clearwater 805.512.6818 2 Call, Rosemarie From: Mike B. <mikeb132@hotmail.com> Sent: Sunday, February 15, 2026 8:27 PM To: ClearwaterCouncil Subject: I oppose the development of the Landings Michael Beckwith 1954 Drew Plaza Clearwater 33765 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. See above. 1 Call, Rosemarie From: Sent: To: Cc: Subject: Melissa Stamos <melissa@melissasellscoastal.com> Sunday, February 15, 2026 10:44 AM ClearwaterCouncil Chandler-Baier, Allie; Lueking, Monica; Kader, Art Thank you for Marymont Park Opening! 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.' Hello All, I wanted write you a personal thank you for the opening of the new playground and walking loop at Marymont Park. The feedback from the neighborhood has been very positive and appreciative. Thank you for beautifying our neighborhood! Sincerely, Melissa Stamos Melissa N. Stamos, ABR, SRS, PSA Broker -Associate Coastal Properties Group International 437 Main Street Dunedin, Florida 34698 617) 510-9309 cell www.melissasellscoastal.com COASTAL PROPERTIES GROUP INTERNATIONAL 26224 REAL ESTATE COMPANIES THE WORLD` Forbes MTURYL[P FOLIO INTERNATIONAL' GLOBAL PROPERTIES 2 Call, Rosemarie From: Santiago Jarrin <santiago@fgs2.com> Sent: Monday, February 16, 2026 12:31 PM To: ClearwaterCouncil 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. Dear Clearwater City Council, I have worked in Clearwater for 23 years running a graphics and print shop that services multiple clients. The Church of Scientology has been one of our best clients for years. My staff and I often attend their community events throughout the year and always feel welcomed. In regards to the L. Ron Hubbard Hall, I personally think this is a great development for our community. Bringing development, jobs and people to downtown is only going to benefit the city, in my opinion. I hope to see this development come to fruition and for the city to work with the Church in improving our community. Sincerely, Santiago Jarrin Vicepresident of Manufacturing Florida Graphic Services 1351 N. Arcturas Av. Clearwater, Fl. 33765 877.447.9780 santiago(afgs2. corn FaFlorr da rRiGraphic .q rvaces li nlr nrr IIIpYlni Jerrrrf.ng RED V(JAL TOUEIRT 1