HomeMy Public PortalAbout12132021 CC Agenda PacketDecember 13, 2021
6:00 PM
Council Chambers
REGULAR COUNCIL MEETING
The Public is invited to view our meetings on the City of Crestview Live stream a at
https://www.cityofcrestview.org or the City of Crestview Facebook Page. You may submit questions on
any agenda item in advance (by 3:00 PM the day of the meeting, please) to
cityclerk@cityofcrestview.org.
1.Call to Order
2.Invocation, Pledge of Allegiance
2.1.Pastor Jeff Childers, The Shepherd's Church
3.Open Policy Making and Legislative Session
4.Approve Agenda
5.Presentations and Reports
5.1.Leslie Guyer FACC NWFL District Director
5.2.Recognition of Purple Heart Recipient - MSG Ivan Morera Jr.
5.3.Christmas Parade Winners - Main Street Association
5.4.Mayor JB Whitten - Presentation of Appreciation to the City of Crestview for hosting the "Jingle
Bell Jog" from the United States Army
6.Consent Agenda
6.1.Donation of SCBA equipment
6.2.Purchase of Public Service Yard Forklift
6.3.FY 2020-2021 CDBG Consolidated Annual Performance and Evaluation Report (CAPER)
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6.4.Message Trailer, Public Services
6.5.Purchase Tractor for Blackwater Golf Club
6.6.Well #8 Emergency Repair
7.Public Hearings / Ordinances on Second Reading
7.1.Ordinance 1848 - Ferdon Boulevard South Rezoning
8.Ordinances on First Reading
8.1.Ordinance 1849 Property Rights Element of the Comprehensive Plan
9.Resolutions
9.1.Issuance of Capital Improvement Revenue Bonds Series 2021
9.2.Issuance of Water & Sewer Revenue Bonds Series 2021
9.3.Florida Opioid Litigation
10.Action Items
10.1.K9 Tyson Donation and Training
10.2.Lot Purchase/Water & Sewer Credit Swap in Stillwell Estates Subdivision
10.3.Mannino Settlement Agreement
10.4.Selection of Citizen of the Year - 2022
11.City Clerk Report
11.1.Police and Fire Retirement Board Vacancies
12.City Manager Report
12.1.Financial Report - City Manager
12.2.City Manager Updates
13.Comments from the Mayor and Council
14.Comments from the Audience
15.Adjournment
Note: The Presentations section is for items that were submitted by a citizen or group of Citizens no later than the Wednesday 2 weeks prior to the
meeting to the Clerk's office for approval. These items will be scheduled under the section titles Presentations and Reports. Supporting documents
must be submitted at this time to be on the regular agenda. All Action Item are for staff and elected officials only and must be submitted for
approval no later than the Wednesday 10 days prior to the meeting. Those not listed on the regular agenda who wish to address the council should
fill out a yellow card. The Card must be submitted to the City Clerk. Speaking time should be three minutes or less, large groups may designate a
spokesperson. All remarks should be addressed to the Council as a whole and not to individual members. All meeting procedures are outlined in the
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Meeting Rules and Procedures brochure available outside the Chambers .If any person decides to appeal any decision made by the City Council with
respect to any matter considered at such meeting or hearing, he or she will need a record of the proceedings, and that, for such purpose, he or she may
need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be
based. The City Council of the City of Crestview, Florida does not discriminate upon the basis of any individual’s disability status. Anyone requiring
reasonable accommodation a s provided for in the American With Disabilities Act to insure access to and participation in the meeting should contact
the Office of the City Clerk at (850)682-1560 prior to the meeting to make appropriate arrangements.
Any invocation that is offered before the official start of the City Council meeting shall be the voluntary offering of a private person, to and for the
benefit of the City Council. The views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the City
Council or the city staff, and the City is not allowed by law to endorse the religious beliefs or views of this, or any other speaker. Persons in
attendance at the City Council meeting are invited to stand during the opening invocation and Pledge of Allegiance. However, such invitation shall
not be construed as a demand, order, or any other type of command. No person in attendance at the meeting shall be required to participate in any
opening invocation that is offered. A person may exit the City Council Chambers and return upon completion of the opening invocation if a person
does not wish to participate in or witness the opening invocation.
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CITY OF CRESTVIEW Item # 5.2.
Staff Report
CITY COUNCIL MEETING DATE: December 13, 2021
TYPE OF AGENDA ITEM: Presentation
TO:Mayor and City Council
CC:City Manager, City Clerk, Staff and Attorney
FROM:
DATE:11/30/2021
SUBJECT:Recognition of Purple Heart Recipient - MSG Ivan Morera Jr.
BACKGROUND:
DISCUSSION:
GOALS & OBJECTIVES
This item is consistent with the goals in A New View Strategic Plan 2020 as follows;
Foundational- these are the areas of focus that make up the necessary foundation of a successful local
government.
Financial Sustainability- Achieve long term financial sustainability
Organizational Capacity, Effectiveness & Efficiency- To efficiently & effectively provide the highest quality
of public services
Infrastructure- Satisfy current and future infrastructure needs
Communication- To engage, inform and educate public and staff
Quality of Life- these areas focus on the overall experience when provided by the city.
Community Character- Promote desirable growth with a hometown atmosphere
Safety- Ensure the continuous safety of citizens and visitors
Mobility- Provide safe, efficient and accessible means for mobility
Opportunity- Promote an environment that encourages economic and educational opportunity
Play- Expand recreational and entertainment activities within the City
Community Culture- Develop a specific identity for Crestview
FINANCIAL IMPACT
RECOMMENDED ACTION
Staff respectfully requests
Attachments
1.Purple Heart 11.10.21
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2.Purple Heart-1
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CITY OF CRESTVIEW
198 Wilson Street N. | Crestview FL 32536-3436
Rachel Conort | Community Engagement | 850.974.5087
Nov. 16, 2021
Crestview honors local Purple Heart recipient
CRESTVIEW — “For Military Merit” hardly describes the significance of the Purple Heart
Award and The City of Crestview could not be more honored than to have one of its very own
citizens, Master Sergeant Ivan Morera Jr., 7th Special Forces Medic, be pinned with the Purple
Heart on Wednesday, Nov. 10 at the 7th SFG (A) Liberty Chapel, Eglin AFB, FL.
MSG Ivan Morera Jr’s story is a special one, one that is common internally but that the
public does not often hear. MSG Morera Jr. was deployed to Afghanistan in 2013, where he was
one of the convoy drivers sent out to conduct a combat operation. This mission did not go as
planned and enroute they were attacked by a Taliban insurgent. MSG Morera Jr. was forced off
the road resulting in his vehicle rolling four times. This was phase one of the ambush and phase
two consisted of a detonation with many of the team being hit with shrapnel. As the driver of the
rollover vehicle, MSG Morera Jr. lost his left dominant hand. For many, they would let this be
the end of their story, but for MSG Morera Jr., this was only the next chapter.
Eighteen months after injury he was back conducting his first Airborne operation and within
the next 5 years was conducting Military Free Fall (MFF) operations. He is the only upper body
amputee on MFF status and the only one-handed medic in the US Military. He is a competitor in
the DOD Warrior Games and represents SOCOM (Special Operations Command.) This yearly
event is the military version of the Paralympics and is represented by service members who
have been wounded in combat, injured in training, or have fallen victim to cancer and other like
situations. In the 2021 DOD Warrior Games, MSG Morera Jr. competed in indoor rowing where
he placed 1st in the 1-minute row and 2nd in the 4-minute row. He also placed 2nd in shotput, 2nd
in the bench press competition, and shot a 167 out of 300 in archery.
Councilman Andrew Rencich had the pleasure of serving alongside MSG Morera Jr. and
summed up his time serving with him, “No matter how rainy the day may be, Ivan always
persevered and no matter the situation he was always humble and ready to teach.”
MSG Morera Jr’s military education and accolades are extensive and include a Bronze Star
(1OLC,) and an Army Commendation Medal (3OLC) along with the addition of the Purple Heart
he was recently pinned with. His dedication, drive, and love of family and community are
continually shown through his actions and demeanor and someone that The City of Crestview is
proud to stand behind and honor.
We invite you to join us at our council meeting on Monday, Dec. 13 at 6pm at City Hall as we
honor his service locally.
###
Pictured (left to right:) Councilman Andrew Rencich, MSG Ivan Morera Jr., Mayor JB Whitten, Military Affairs
Committee (MAC) Chair Hannah Wilburn
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CITY OF CRESTVIEW Item # 5.4.
Staff Report
CITY COUNCIL MEETING DATE: December 13, 2021
TYPE OF AGENDA ITEM: Presentation
TO:Mayor and City Council
CC:City Manager, City Clerk, Staff and Attorney
FROM:
DATE:12/8/2021
SUBJECT:Mayor JB Whitten - Presentation of Appreciation to the City of Crestview for hosting the
"Jingle Bell Jog" from the United States Army
BACKGROUND:
DISCUSSION:
GOALS & OBJECTIVES
This item is consistent with the goals in A New View Strategic Plan 2020 as follows;
Foundational- these are the areas of focus that make up the necessary foundation of a successful local
government.
Financial Sustainability- Achieve long term financial sustainability
Organizational Capacity, Effectiveness & Efficiency- To efficiently & effectively provide the highest quality
of public services
Infrastructure- Satisfy current and future infrastructure needs
Communication- To engage, inform and educate public and staff
Quality of Life- these areas focus on the overall experience when provided by the city.
Community Character- Promote desirable growth with a hometown atmosphere
Safety- Ensure the continuous safety of citizens and visitors
Mobility- Provide safe, efficient and accessible means for mobility
Opportunity- Promote an environment that encourages economic and educational opportunity
Play- Expand recreational and entertainment activities within the City
Community Culture- Develop a specific identity for Crestview
FINANCIAL IMPACT
RECOMMENDED ACTION
Staff respectfully requests
Attachments
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None
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CITY OF CRESTVIEW Item # 6.1.
Staff Report
CITY COUNCIL MEETING DATE: December 13, 2021
TYPE OF AGENDA ITEM: Action Item
TO:Mayor and City Council
CC:City Manager, City Clerk, Staff and Attorney
FROM:Anthony Holland, Fire Chief
DATE:12/7/2021
SUBJECT:Donation of SCBA equipment
BACKGROUND:
Each year the Fire Department budgets to purchase new Self-Contained Breathing Apparatus (SCBA or Air
Packs) to replace older air packs and bottles. With the new ones going into service, we have a few that go to
training and a few that can be donated.
DISCUSSION:
The Fire Department has five (5) air packs that we donated to Almarante Volunteer Fire Dept. The air packs we
donated were in good working order and were able to assist their department in having more air packs for
firefighting operations. The north end departments are continually working together to provide excellent
service to the whole community.
GOALS & OBJECTIVES
This item is consistent with the goals in A New View Strategic Plan 2020 as follows;
Foundational- these are the areas of focus that make up the necessary foundation of a successful local
government.
Organizational Capacity, Effectiveness & Efficiency- To efficiently & effectively provide the highest quality of
public services
Quality of Life- these areas focus on the overall experience when provided by the city.
Community Character- Promote desirable growth with a hometown atmosphere
Safety- Ensure the continuous safety of citizens and visitors
Community Culture- Develop a specific identity for Crestview
FINANCIAL IMPACT
No Impact
RECOMMENDED ACTION
Staff respectfully requests City Council approval of the donation.
Attachments
None
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CITY OF CRESTVIEW Item # 6.2.
Staff Report
CITY COUNCIL MEETING DATE: December 13, 2021
TYPE OF AGENDA ITEM: Action Item
TO:Mayor and City Council
CC:City Manager, City Clerk, Staff and Attorney
FROM:Kyle Lusk
DATE:12/8/2021
SUBJECT:Purchase of Public Service Yard Forklift
BACKGROUND:
The Public Service Yard accepts deliveries for various city departments. Often these materials must be
offloaded with a forklift. The current yard forklift needs to be replaced. The new forklift was budgeted in this
year's budget.
DISCUSSION:
The 2021-2022 Budget has $38,200 in Fleet Maintenance for a new 6000 lb. capacity forklift. Three quotes
were obtained for a 6000lb Capacity Pheumatic Tire Forklift. They were for $48,000, $47,909, and
$38,200. We recommend purchasing from Thompson Tractor as they had the lowest quote.
This purchase is part of the Local Source Funding Piggyback. This is part of the larger contract with
Sourcewell.
GOALS & OBJECTIVES
This item is consistent with the goals in A New View Strategic Plan 2020 as follows;
Foundational- these are the areas of focus that make up the necessary foundation of a successful local
government.
Organizational Capacity, Effectiveness & Efficiency- To efficiently & effectively provide the highest quality of
public services
Quality of Life- these areas focus on the overall experience when provided by the city.
Safety- Ensure the continuous safety of citizens and visitors
FINANCIAL IMPACT
The cost of $38,200 was already provided in this year's Fleet Maintenance budget. No additional funds will be
requested. This purchase is part of the Sourcewell piggyback purchasing contract.
RECOMMENDED ACTION
Staff respectfully requests approval to piggyback off of the Sourcewell contract and purchase the forklift from
Thomsom Tractor.
Attachments
1.Forklift Quote
2.Contract and Budget Line
3.Mitsubishi Contract 091520 - SOURCEWELL CONTRACT
4.Comment and Review Forklifts 091520
5.RFP and Addendums-Forklifts 091520
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091520-MCF
Rev. 2/2020 1
Solicitation Number: 091520
CONTRACT
This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN
56479 (Sourcewell) and Mitsubishi Caterpillar Forklift America Inc., 2121 W. Sam Houston
Pkwy. N., Houston, TX 77043 (Vendor).
Sourcewell is a State of Minnesota local government agency and service cooperative created
under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers
cooperative procurement solutions to government entities. Participation is open to federal,
state/province, and municipal governmental entities, higher education, K-12 education,
nonprofit, tribal government, and other public entities located in the United States and Canada.
Vendor desires to contract with Sourcewell to provide through its authorized dealers
equipment, products, or services to Sourcewell and the entities that access Sourcewell’s
cooperative purchasing contracts (Participating Entities).
1. TERM OF CONTRACT
A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below.
B. EXPIRATION DATE AND EXTENSION. This Contract expires October 26, 2024, unless it is
cancelled sooner pursuant to Article 24. This Contract may be extended up to one additional
one-year period upon request of Sourcewell and with written agreement by Vendor.
C. SURVIVAL OF TERMS. Articles 11 through 16 survive the expiration or cancellation of this
Contract.
2. EQUIPMENT, PRODUCTS, OR SERVICES
A. EQUIPMENT, PRODUCTS, OR SERVICES. Vendor will provide through its authorized dealers
the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation
Number listed above. Vendor’s Equipment, Products, or Services Proposal (Proposal) is
attached and incorporated into this Contract.
All Equipment and Products provided under this Contract must be new/current model. Vendor
may offer close-out or refurbished Equipment or Products if they are clearly indicated in
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091520-MCF
Rev. 2/2020 2
Vendor’s product and pricing list. Unless agreed to by the Participating Entities in advance,
Equipment or Products must be delivered as operational to the Participating Entity’s site.
This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated,
sales and sales volume are not guaranteed.
B. WARRANTY. Vendor’s authorized dealer will pass on to the Participating Entity the
manufacturer’s warranty related to any Equipment or Products being provided under this
Contract. Vendor’s dealers and distributors must agree to assist the Participating Entity in
reaching a resolution in any dispute over warranty terms with the manufacturer. Any
manufacturer’s warranty that is effective past the expiration of the Vendor’s warranty will be
passed on to the Participating Entity.
C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution, Vendor will
make available to Sourcewell a means to validate or authenticate Vendor’s authorized dealers,
distributors, and/or resellers relative to the Equipment, Products, and Services related to this
Contract. This list may be updated from time-to-time and is incorporated into this Contract by
reference. It is the Vendor’s responsibility to ensure Sourcewell receives the most current
version of this list.
3. PRICING
All Equipment, Products, or Services under this Contract will be priced as stated in Vendor’s
Proposal.
When providing pricing quotes to Participating Entities, all pricing quoted must reflect a
Participating Entity’s total cost of acquisition. This means that the quoted cost is for delivered
Equipment, Products, and Services that are operational for their intended purpose, and
includes all costs to the Participating Entity’s requested delivery location.
Regardless of the payment method chosen by the Participating Entity, the total cost associated
with any purchase option of the Equipment, Products, or Services must always be disclosed in
the pricing quote to the applicable Participating Entity at the time of purchase.
A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly
packaged. Except as provided herein, damaged Equipment and Products may be rejected. If the
damage is not readily apparent at the time of delivery, and Vendor or its dealer is unable to
repair or replace the damaged Equipment or Products, Vendor must permit the Equipment and
Products to be returned within five (5) business days of Sourcewell’s or its Participating Entity’s
determination of any damage at no cost to Sourcewell or its Participating Entities. Participating
Entities reserve the right to inspect the Equipment and Products within a reasonable time, but
no more than five (5) business days after delivery where circumstances or conditions prevent
effective inspection of the Equipment and Products at the time of delivery.
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091520-MCF
Rev. 2/2020 3
Vendor or its authorized dealer must arrange for and pay for the return shipment on Equipment
and Products that arrive in a defective or inoperable condition.
Sourcewell may declare the Vendor in breach of this Contract if the Vendor intentionally
delivers substandard or inferior Equipment or Products. In the event of the delivery of
nonconforming Equipment and Products, the Participating Entity will notify the Vendor’s
authorized dealer as soon as possible and the Vendor’s authorized dealer will replace
nonconforming Equipment and Products with conforming Equipment and Products that are
acceptable to the Participating Entity.
B. SALES TAX. Each Participating Entity is responsible for supplying the Vendor’s authorized
dealer with valid tax-exemption certification(s). When ordering, a Participating Entity must
indicate if it is a tax-exempt entity.
C. HOT LIST PRICING. At any time during this Contract, Vendor may offer a specific selection
of Equipment, Products, or Services at discounts greater than those listed in the Contract.
When Vendor determines it will offer Hot List Pricing, it must be submitted electronically to
Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed
from the Hot List at any time through a Sourcewell Price and Product Change Form as defined
in Article 4 below.
Hot List program and pricing may also be used to discount and liquidate close-out and
discontinued Equipment and Products as long as those close-out and discontinued items are
clearly identified as such. Current ordering process and administrative fees apply. Hot List
Pricing must be published and made available to all Participating Entities.
4. PRODUCT AND PRICING CHANGE REQUESTS
Vendor may request Equipment, Product, or Service changes, additions, or deletions at any
time. All requests must be made in writing by submitting a signed Sourcewell Price and Product
Change Request Form to the assigned Sourcewell Contract Administrator. This form is available
from the assigned Sourcewell Contract Administrator. At a minimum, the request must:
x Identify the applicable Sourcewell contract number;
x Clearly specify the requested change;
x Provide sufficient detail to justify the requested change;
x Individually list all Equipment, Products, or Services affected by the requested change,
along with the requested change (e.g., addition, deletion, price change); and
x Include a complete restatement of pricing documentation in Microsoft Excel with the
effective date of the modified pricing, or product addition or deletion. The new pricing
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091520-MCF
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restatement must include all Equipment, Products, and Services offered, even for those
items where pricing remains unchanged.
A fully executed Sourcewell Price and Product Request Form will be become an
amendment to this Contract and be incorporated by reference.
5. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS
A. PARTICIPATION. Sourcewell’s cooperative contracts are available and open to public and
nonprofit entities across the United States and Canada; such as federal, state/province,
municipal, K-12 and higher education, tribal government, and other public entities.
The benefits of this Contract should be available to all Participating Entities that can legally
access the Equipment, Products, or Services under this Contract. A Participating Entity’s
authority to access this Contract is determined through its cooperative purchasing, interlocal,
or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service
Member of Sourcewell during such time of access. Vendor understands that a Participating
Entity’s use of this Contract is at the Participating Entity’s sole convenience and Participating
Entities reserve the right to obtain like Equipment, Products, or Services from any other source.
Vendor is responsible for familiarizing its sales and service forces with Sourcewell contract use
eligibility requirements and documentation and will encourage potential members to join
Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster
during the term of this Contract.
B. PUBLIC FACILITIES. Vendor’s employees may be required to perform work at government-
owned facilities, including schools. Vendor’s employees and agents must conduct themselves in
a professional manner while on the premises, and in accordance with Participating Entity
policies and procedures, and all applicable laws.
6. PARTICIPATING ENTITY USE AND PURCHASING
A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under
this Contract, a Participating Entity must clearly indicate to Vendor or its authorized dealer that
it intends to access this Contract; however, order flow and procedure will be developed jointly
between Sourcewell and Vendor. Typically, a Participating Entity will issue an order directly to
Vendor’s authorized dealer. If a Participating Entity issues a purchase order, it may use its own
forms, but the purchase order should clearly note the applicable Sourcewell contract number.
All Participating Entity orders under this Contract must be issued prior to expiration of this
Contract; however, Vendor or Vendor’s authorized dealer performance, Participating Entity
payment, and any applicable warranty periods or other Vendor or Participating Entity
obligations may extend beyond the term of this Contract. Neither Vendor nor its authorized
dealers is obligated to accept any purchase order issued with respect to this Contract.
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091520-MCF
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Vendor’s acceptable forms of payment are included in Attachment A. Participating Entities will
be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of
any Participating Entity.
B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and
conditions to a purchase order may be negotiated between a Participating Entity and Vendor’s
authorized dealer, such as job or industry-specific requirements, legal requirements (e.g.,
affirmative action or immigration status requirements), or specific local policy requirements.
Some Participating Entitles may require the use of a Participating Addendum; the terms of
which will be worked out directly between the Participating Entity and the Vendor’s authorized
dealer. Any negotiated additional terms and conditions must never be less favorable to the
Participating Entity than what is contained in this Contract. Neither Sourcewell, any
Participating Entity, Vendor, nor Vendor’s authorized dealer may propose terms that materially
deviate from the terms of this Contract.
C. PERFORMANCE BOND. If requested by a Participating Entity, Vendor’s authorized dealer will
provide a performance bond that meets the requirements set forth in the Participating Entity’s
order.
D. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires
service or specialized performance requirements (such as e-commerce specifications,
specialized delivery requirements, or other specifications and requirements) not addressed in
this Contract, the Participating Entity and the Vendor may enter into a separate, standalone
agreement, apart from this Contract. Sourcewell, including its agents and employees, will not
be made a party to a claim for breach of such agreement.
E. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or
in part, immediately upon notice to Vendor’s authorized dealer in the event of any of the
following events:
1. The Participating Entity fails to receive funding or appropriation from its governing body
at levels sufficient to pay for the goods to be purchased;
2. Federal, state, or provincial laws or regulations prohibit the purchase or change the
Participating Entity’s requirements; or
3. Vendor or Vendor’s authorized dealer commits any material breach of this Contract or
the additional terms agreed to between the Vendor’s authorized dealer and a Participating
Entity.
F. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a
Participating Entity’s order will be determined by the Participating Entity making the purchase.
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7. CUSTOMER SERVICE
A. PRIMARY ACCOUNT REPRESENTATIVE. Vendor will assign an Account Representative to
Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is
changed. The Account Representative will be responsible for:
x Maintenance and management of this Contract;
x Timely response to all Sourcewell and Participating Entity inquiries; and
x Business reviews to Sourcewell and Participating Entities, if applicable.
B. BUSINESS REVIEWS. Vendor must perform a minimum of one business review with
Sourcewell per contract year. The business review will cover sales to Participating Entities,
pricing and contract terms, administrative fees, supply issues, customer issues, and any other
necessary information.
8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT
A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Vendor must provide a contract
sales activity report (Report) to the Sourcewell Contract Administrator assigned to this
Contract. A Report must be provided regardless of the number or amount of sales during that
quarter (i.e., if there are no sales, Vendor must submit a report indicating no sales were made).
The Report must contain the following fields:
x Customer Name (e.g., City of Staples Highway Department);
x Customer Physical Street Address;
x Customer City;
x Customer State/Province;
x Customer Zip Code;
x Customer Contact Name;
x Customer Contact Email Address;
x Customer Contact Telephone Number;
x Sourcewell Assigned Entity/Participating Entity Number;
x Item Purchased Description;
x Item Purchased Price;
x Sourcewell Administrative Fee Applied; and
x Date Purchase was invoiced/sale was recognized as revenue by Vendor.
B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell,
the Vendor will pay an administrative fee to Sourcewell on all Equipment, Products, and
Services provided to Participating Entities. The Administrative Fee must be included in, and not
added to, the pricing. Vendor may not charge Participating Entities more than the contracted
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price to offset the Administrative Fee.
The Vendor will submit a check payable to Sourcewell for the percentage of administrative fee
stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services
purchased by Participating Entities under this Contract during each calendar quarter. Payments
should note the Sourcewell-assigned contract number in the memo and must be mailed to the
address above “Attn: Accounts Receivable.” Payments must be received no later than 45
calendar days after the end of each calendar quarter.
Vendor agrees to cooperate with Sourcewell in auditing transactions under this Contract to
ensure that the administrative fee is paid on all items purchased under this Contract.
In the event the Vendor is delinquent in any undisputed administrative fees, Sourcewell
reserves the right to cancel this Contract and reject any proposal submitted by the Vendor in
any subsequent solicitation. In the event this Contract is cancelled by either party prior to the
Contract’s expiration date, the administrative fee payment will be due no more than 30 days
from the cancellation date.
9. AUTHORIZED REPRESENTATIVE
Sourcewell's Authorized Representative is its Chief Procurement Officer.
Vendor’s Authorized Representative is the person named in the Vendor’s Proposal. If Vendor’s
Authorized Representative changes at any time during this Contract, Vendor must promptly
notify Sourcewell in writing.
10. ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE
A. ASSIGNMENT. Neither the Vendor nor Sourcewell may assign or transfer any rights or
obligations under this Contract without the prior consent of the parties and a fully executed
assignment agreement. Such consent will not be unreasonably withheld.
B. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective
until it has been fully executed by the parties.
C. WAIVER. If either party fails to enforce any provision of this Contract, that failure does not
waive the provision or the right to enforce it.
D. CONTRACT COMPLETE. This Contract contains all negotiations and agreements between
Sourcewell and Vendor. No other understanding regarding this Contract, whether written or
oral, may be used to bind either party.
E. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent
contractors, each free to exercise judgment and discretion with regard to the conduct of their
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respective businesses. This Contract does not create a partnership, joint venture, or any other
relationship such as master-servant, or principal-agent.
11. LIABILITY
Vendor must indemnify, save, and hold Sourcewell and its Participating Entities, including their
agents and employees, harmless from any claims or causes of action, including reasonable
attorneys’ fees, arising out of the performance of this Contract by the Vendor or its agents or
employees; this indemnification includes injury or death to person(s) or property alleged to
have been caused by some defect in the Equipment, Products, or Services under this Contract
to the extent the Equipment, Product, or Service has been used according to its specifications.
Neither party, nor its representatives, shall be liable for consequential, indirect, incidental,
special, exemplary, or punitive damages, including lost profits or revenues, arising out of or
relating to any breach under this contract, whether or not the possibility of such damages has
been disclosed in advance by the affected party or could have been reasonably foreseen by the
non-affected party regardless of the legal or equitable theory (contract, tort, or otherwise)
upon which the claim is based.
12. AUDITS
Sourcewell reserves the right to review the books, records, documents, and accounting
procedures and practices of the Vendor relevant to this Contract for a minimum of 6 years from
the end of this Contract. This clause extends to Participating Entities as it relates to business
conducted by that Participating Entity under this Contract.
13. GOVERNMENT DATA PRACTICES
Vendor and Sourcewell must comply with the Minnesota Government Data Practices Act,
Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell
under this Contract and as it applies to all data created, collected, received, stored, used,
maintained, or disseminated by the Vendor under this Contract.
If the Vendor receives a request to release the data referred to in this article, the Vendor must
immediately notify Sourcewell and Sourcewell will assist with how the Vendor should respond
to the request.
14. INDEMNIFICATION
As applicable, Vendor agrees to indemnify and hold harmless Sourcewell and its Participating
Entities against any and all suits, claims, judgments, and costs instituted or recovered against
Sourcewell or Participating Entities by any person on account of the use of any Equipment or
Products by Sourcewell or its Participating Entities supplied by Vendor in violation of applicable
patent or copyright laws.
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15. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT
A. INTELLECTUAL PROPERTY
1. Grant of License. During the term of this Contract:
a. Sourcewell grants to Vendor a royalty-free, worldwide, non-exclusive right and
license to use theTrademark(s) provided to Vendor by Sourcewell in advertising and
promotional materials for the purpose of marketing Sourcewell’s relationship with
Vendor.
b. Vendor grants to Sourcewell a royalty-free, worldwide, non-exclusive right and
license to use Vendor’s Trademarks in advertising and promotional materials for the
purpose of marketing Vendor’s relationship with Sourcewell.
2. Limited Right of Sublicense. The right and license granted herein includes a limited right
of each party to grant sublicenses to its and their respective distributors, marketing
representatives, and agents (collectively “Permitted Sublicensees”) in advertising and
promotional materials for the purpose of marketing the Parties’ relationship to Participating
Entities. Any sublicense granted will be subject to the terms and conditions of this Article.
Each party will be responsible for any breach of this Article by any of their respective
sublicensees.
3. Use; Quality Control.
a. Sourcewell must not alter Vendor’s Trademarks from the form provided by
Vendor and must comply with Vendor’s removal requests as to specific uses of its
trademarks or logos.
b. Vendor must not alter Sourcewell’s Trademarks from the form provided by
Sourcewell and must comply with Sourcewell’s removal requests as to specific uses
of its trademarks or logos.
c. Each party agrees to use, and to cause its Permitted Sublicensees to use, the
other party’s Trademarks only in good faith and in a dignified manner consistent
with such party’s use of the Trademarks. Upon written notice to the breaching party,
the breaching party has 30 days of the date of the written notice to cure the breach
or the license will be terminated.
4. Termination. Upon the termination of this Contract for any reason, each party, including
Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites,
and the like bearing the other party’s name or logo (excepting Sourcewell’s pre-printed
catalog of vendors which may be used until the next printing). Vendor must return all
marketing and promotional materials, including signage, provided by Sourcewell, or dispose
of it according to Sourcewell’s written directions.
B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released
without prior written approval from the Authorized Representatives. Publicity includes notices,
informational pamphlets, press releases, research, reports, signs, and similar public notices
prepared by or for the Vendor individually or jointly with others, or any subcontractors, with
respect to the program, publications, or services provided resulting from this Contract.
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C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be
approved by Sourcewell. Materials should be sent to the Sourcewell Contract Administrator
assigned to this Contract.
D. ENDORSEMENT. The Vendor must not claim that Sourcewell endorses its Equipment,
Products, or Services.
16. GOVERNING LAW, JURISDICTION, AND VENUE
Minnesota law governs this Contract. Venue for all legal proceedings out of this Contract, or its
breach, must be in the appropriate state court in Todd County or federal court in Fergus Falls,
Minnesota.
17. FORCE MAJEURE
Neither party to this Contract will be held responsible for delay or default caused by acts of God
or other conditions that are beyond that party’s reasonable control. A party defaulting under
this provision must provide the other party prompt written notice of the default.
18. SEVERABILITY
If any provision of this Contract is found to be illegal, unenforceable, or void then both
Sourcewell and Vendor will be relieved of all obligations arising under such provisions. If the
remainder of this Contract is capable of performance, it will not be affected by such declaration
or finding and must be fully performed.
19. PERFORMANCE, DEFAULT, AND REMEDIES
A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and
address unresolved contract issues as follows:
1. Notification. The parties must promptly notify each other of any known dispute and
work in good faith to resolve such dispute within a reasonable period of time. If necessary,
Sourcewell and the Vendor will jointly develop a short briefing document that describes the
issue(s), relevant impact, and positions of both parties.
2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified
above, either Sourcewell or Vendor may escalate the resolution of the issue to a higher
level of management. The Vendor will have 30 calendar days to cure an outstanding issue.
3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the
Vendor must continue without delay to carry out all of its responsibilities under the
Contract that are not affected by the dispute. If the Vendor fails to continue without delay
to perform its responsibilities under the Contract, in the accomplishment of all undisputed
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work, any additional costs incurred by Sourcewell and/or its Participating Entities as a result
of such failure to proceed will be borne by the Vendor.
B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract,
or any Participating Entity order under this Contract, in default:
1. Nonperformance of contractual requirements, or
2. A material breach of any term or condition of this Contract.
Written notice of default and a reasonable opportunity to cure must be issued by the party
claiming default. Time allowed for cure will not diminish or eliminate any liability for liquidated
or other damages. If the default remains after the opportunity for cure, the non-defaulting
party may:
x Exercise any remedy provided by law or equity, or
x Terminate the Contract or any portion thereof, including any orders issued against the
Contract.
20. INSURANCE
A. REQUIREMENTS. At its own expense, Vendor must maintain insurance policy(ies) in effect at
all times during the performance of this Contract with insurance company(ies) licensed or
authorized to do business in the State of Minnesota having an “AM BEST” rating of A- or better,
with coverage and limits of insurance not less than the following:
1. Workers’ Compensation and Employer’s Liability.
Workers’ Compensation: As required by any applicable law or regulation.
Employer's Liability Insurance: must be provided in amounts not less than listed below:
Minimum limits:
$500,000 each accident for bodily injury by accident
$500,000 policy limit for bodily injury by disease
$500,000 each employee for bodily injury by disease
2. Commercial General Liability Insurance. Vendor will maintain insurance covering
its operations, with coverage on an occurrence basis, and must be subject to terms no
less broad than the Insurance Services Office (“ISO”) Commercial General Liability Form
CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include
liability arising from premises, operations, bodily injury and property damage,
independent contractors, products-completed operations including construction defect,
contractual liability, blanket contractual liability, and personal injury and advertising
injury. All required limits, terms and conditions of coverage must be maintained during
the term of this Contract.
Minimum Limits:
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$1,000,000 each occurrence Bodily Injury and Property Damage
$1,000,000 Personal and Advertising Injury
$2,000,000 aggregate for Products-Completed operations
$2,000,000 general aggregate
3. Commercial Automobile Liability Insurance. During the term of this Contract,
Vendor will maintain insurance covering all owned, hired, and non-owned automobiles
in limits of liability not less than indicated below. The coverage must be subject to terms
no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer),
or equivalent.
Minimum Limits:
$1,000,000 each accident, combined single limit
4. Umbrella Insurance. During the term of this Contract, Vendor will maintain
umbrella coverage over Workers’ Compensation, Commercial General Liability, and
Commercial Automobile.
Minimum Limits:
$2,000,000
5. Network Security and Privacy Liability Insurance. During the term of this
Contract, Vendor will maintain coverage for network security and privacy liability. The
coverage may be endorsed on another form of liability coverage or written on a
standalone policy. The insurance must cover claims which may arise from failure of
Vendor’s security resulting in, but not limited to, computer attacks, unauthorized
access, disclosure of not public data – including but not limited to, confidential or
private information, transmission of a computer virus, or denial of service.
Minimum limits:
$2,000,000 per occurrence
$2,000,000 annual aggregate
Failure of Vendor to maintain the required insurance will constitute a material breach entitling
Sourcewell to immediately terminate this Contract for default.
B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Vendor must furnish
to Sourcewell a certificate of insurance, as evidence of the insurance required under this
Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to
Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the
Sourcewell Contract Administrator assigned to this Contract. The certificates must be signed by
a person authorized by the insurer(s) to bind coverage on their behalf. All policies must include
there will be no cancellation, suspension, non-renewal, or reduction of coverage without 30
days’ prior written notice to the Vendor.
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Upon request, Vendor must provide to Sourcewell copies of applicable policies and
endorsements, within 10 days of a request. Failure to request certificates of insurance by
Sourcewell, or failure of Vendor to provide certificates of insurance, in no way limits or relieves
Vendor of its duties and responsibilities in this Contract.
C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY
INSURANCE CLAUSE. Vendor agrees to list Sourcewell and its Participating Entities, including
their officers, agents, and employees, as an additional insured under the Vendor’s commercial
general liability insurance policy with respect to liability arising out of activities, “operations,” or
“work” performed by or on behalf of Vendor, and products and completed operations of
Vendor. The policy provision(s) or endorsement(s) must further provide that coverage is
primary and not excess over or contributory with any other valid, applicable, and collectible
insurance or self-insurance in force for the additional insureds.
D. WAIVER OF SUBROGATION. Vendor waives and must require (by endorsement or
otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional
insureds for losses paid under the insurance policies required by this Contract or other
insurance applicable to the Vendor or its subcontractors. The waiver must apply to all
deductibles and/or self-insured retentions applicable to the required or any other insurance
maintained by the Vendor or its subcontractors. Where permitted by law, Vendor must require
similar written express waivers of subrogation and insurance clauses from each of its
subcontractors.
E. UMBRELLA/EXCESS LIABILITY. The limits required by this Contract can be met by either
providing a primary policy or in combination with umbrella/excess liability policy(ies).
F. SELF-INSURED RETENTIONS. Any self-insured retention in excess of $10,000 is subject to
Sourcewell’s approval.
21. COMPLIANCE
A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this
Contract must comply fully with applicable federal laws and regulations, and with the laws in
the states and provinces in which the Equipment, Products, or Services are sold.
B. LICENSES. Vendor must maintain a valid and current status on all required federal,
state/provincial, and local licenses, bonds, and permits required for the operation of the
business that the Vendor conducts with Sourcewell and Participating Entities.
22. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION
Vendor certifies and warrants that it is not in bankruptcy or that it has previously disclosed in
writing certain information to Sourcewell related to bankruptcy actions. If at any time during
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this Contract Vendor declares bankruptcy, Vendor must immediately notify Sourcewell in
writing.
Vendor certifies and warrants that neither it nor its principals are presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs
operated by the State of Minnesota; the United States federal government or the Canadian
government, as applicable; or any Participating Entity. Vendor certifies and warrants that
neither it nor its principals have been convicted of a criminal offense related to the subject
matter of this Contract. Vendor further warrants that it will provide immediate written notice
to Sourcewell if this certification changes at any time.
23. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER
UNITED STATES FEDERAL AWARDS OR OTHER AWARDS
Participating Entities that use United States federal grant or FEMA funds to purchase goods or
services from this Contract may be subject to additional requirements including the
procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit
Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may also require
additional requirements based on specific funding specifications. Within this Article, all
references to “federal” should be interpreted to mean the United States federal government.
The following list only applies when a Participating Entity accesses Vendor’s Equipment,
Products, or Services with United States federal funds. A Participating Entity that intends to
access United States federal funds to purchase any Equipment or Products provided by Vendor,
through its authorized dealer, under this Contract must notify Vendor and its authorized dealer
of this intention in connection with its issuance of a purchase order relating to this Contract.
A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all
contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60-
1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in
accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319,
12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending
Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing
regulations at 41 C.F.R. § 60, “Office of Federal Contract Compliance Programs, Equal
Employment Opportunity, Department of Labor.” The equal opportunity clause is incorporated
herein by reference.
B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal
program legislation, all prime construction contracts in excess of $2,000 awarded by non-
federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. §
3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5,
“Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted
Construction”). In accordance with the statute, contractors must be required to pay wages to
laborers and mechanics at a rate not less than the prevailing wages specified in a wage
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determination made by the Secretary of Labor. In addition, contractors must be required to pay
wages not less than once a week. The non-federal entity must place a copy of the current
prevailing wage determination issued by the Department of Labor in each solicitation. The
decision to award a contract or subcontract must be conditioned upon the acceptance of the
wage determination. The non-federal entity must report all suspected or reported violations to
the federal awarding agency. The contracts must also include a provision for compliance with
the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor
regulations (29 C.F.R. § 3, “Contractors and Subcontractors on Public Building or Public Work
Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that
each contractor or subrecipient must be prohibited from inducing, by any means, any person
employed in the construction, completion, or repair of public work, to give up any part of the
compensation to which he or she is otherwise entitled. The non-federal entity must report
all suspected or reported violations to the federal awarding agency. Vendor must be in
compliance with all applicable Davis-Bacon Act provisions.
C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where
applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve
the employment of mechanics or laborers must include a provision for compliance with 40
U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5).
Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of
every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess
of the standard work week is permissible provided that the worker is compensated at a rate of
not less than one and a half times the basic rate of pay for all hours worked in excess of 40
hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction
work and provide that no laborer or mechanic must be required to work in surroundings or
under working conditions which are unsanitary, hazardous or dangerous. These requirements
do not apply to the purchases of supplies or materials or articles ordinarily available on the
open market, or contracts for transportation or transmission of intelligence. This provision is
hereby incorporated by reference into this Contract. Vendor certifies that during the term of an
award for all contracts by Sourcewell resulting from this procurement process, Vendor must
comply with applicable requirements as referenced above.
D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the federal award
meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the recipient or
subrecipient wishes to enter into a contract with a small business firm or nonprofit organization
regarding the substitution of parties, assignment or performance of experimental,
developmental, or research work under that “funding agreement,” the recipient or subrecipient
must comply with the requirements of 37 C.F.R. § 401, “Rights to Inventions Made by Nonprofit
Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative
Agreements,” and any implementing regulations issued by the awarding agency. Vendor
certifies that during the term of an award for all contracts by Sourcewell resulting from this
procurement process, Vendor must comply with applicable requirements as referenced above.
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E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL
ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require
the non-federal award to agree to comply with all applicable standards, orders or regulations
issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution
Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal
awarding agency and the Regional Office of the Environmental Protection Agency (EPA). Vendor
certifies that during the term of this Contract will comply with applicable requirements as
referenced above.
F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award
(see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions
in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R.
§180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3
C.F.R. § 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names
of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared
ineligible under statutory or regulatory authority other than Executive Order 12549. Vendor
certifies that neither it nor its principals are presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from participation by any federal
department or agency.
G. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Vendors must file
any required certifications. Vendors must not have used federal appropriated funds to pay any
person or organization for influencing or attempting to influence an officer or employee of any
agency, a member of Congress, officer or employee of Congress, or an employee of a member
of Congress in connection with obtaining any federal contract, grant, or any other award
covered by 31 U.S.C. § 1352. Vendors must disclose any lobbying with non-federal funds that
takes place in connection with obtaining any federal award. Such disclosures are forwarded
from tier to tier up to the non-federal award. Vendors must file all certifications and disclosures
required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 U.S.C. §
1352).
H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Vendor must comply with
the record retention requirements detailed in 2 C.F.R. § 200.333. The Vendor further certifies
that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after
grantees or subgrantees submit final expenditure reports or quarterly or annual financial
reports, as applicable, and all other pending matters are closed.
I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Vendor
must comply with the mandatory standards and policies relating to energy efficiency which are
contained in the state energy conservation plan issued in compliance with the Energy Policy
and Conservation Act.
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J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Vendor must comply
with all applicable provisions of the Buy American Act. Purchases made in accordance with the
Buy American Act must follow the applicable procurement rules calling for free and open
competition.
K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Vendor agrees that duly authorized
representatives of a federal agency must have access to any books, documents, papers and
records of Vendor that are directly pertinent to Vendor’s discharge of its obligations under this
Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right
also includes timely and reasonable access to Vendor’s personnel for the purpose of interview
and discussion relating to such documents.
L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is
a state agency or agency of a political subdivision of a state and its contractors must comply
with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation
and Recovery Act. The requirements of Section 6002 include procuring only items designated in
guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the
highest percentage of recovered materials practicable, consistent with maintaining a
satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the
value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring
solid waste management services in a manner that maximizes energy and resource recovery;
and establishing an affirmative procurement program for procurement of recovered materials
identified in the EPA guidelines.
24. CANCELLATION
Sourcewell or Vendor may cancel this Contract at any time, with or without cause, upon 60
days’ written notice to the other party. However, Sourcewell may cancel this Contract
immediately upon discovery of a material defect in any certification made in Vendor’s Proposal.
Cancellation of this Contract does not relieve either party of financial, product, or service
obligations incurred or accrued prior to cancellation.
Sourcewell Mitsubishi Caterpillar Forklift America Inc.
By: __________________________ By: __________________________
Jeremy Schwartz John Sneddon
Title: Director of Operations &
Procurement/CPO
Title: Executive Vice President & Marketing
Date: ________________________
Date: ________________________
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Approved:
By: __________________________
Chad Coauette
Title: Executive Director/CEO
Date: ________________________
Page 34 of 341
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Page 42 of 341
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Bid Number: RFP 091520 Vendor Name: Mitsubishi Caterpillar Forklift America Inc.
Page 46 of 341
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Bid Number: RFP 091520 Vendor Name: Mitsubishi Caterpillar Forklift America Inc.
Page 47 of 341
Bid Number: RFP 091520 Vendor Name: Mitsubishi Caterpillar Forklift America Inc.
Table 15: Industry Specific Questions
Line
Item Question Response *
73 If you are awarded a contract, provide a
few examples of internal metrics that will
be tracked to measure whether you are
having success with the contract.
One of MCFA's internal metrics is comparing year over year and quarter over quarter
results not only in terms of sales volume dollars but also in number of units sold. By
comparing these results MCFA can determine whether we are having success with
the contract or not. The second metric is to compare the number of Sourcewell
orders as a percentage of overall sales for the individual dealers. By doing this we
can focus our efforts on those dealers that need additional support.
*
74 Describe the average operating cost per
hour of an electric truck operating inside a
warehouse.
$2.24 per hour for the cost of electricity to charge the battery and maintenance
based on a 5000# cushion tired truck operating 1500 hours per year in a normal
and clean application.
*
75 Describe the average operating cost per
hour of a combustion engine truck
operating in an outdoor yard setting.
$4.25 per hour for fuel and maintenance based on a 5000# pneumatic tired truck
operating 1500 hours per year in a normal and clean application.
*
76 Describe any manufacturing processes or
materials utilized that contribute to overall
durability, driver safety, etc. that
differentiate your offerings.
Our factory's top priority is safety and it is our #1 operating principle, followed by
quality and on time delivery. Our OSHA incidence rate is less than 1 versus and
industry average of 4.1. We set clear expectations for the safety of our people and
the safety of our trucks. Our manufacturing methodology consists of a continuous
check-do-check** process at every station from the start of the forklift build to final
finish and final inspection prior to shipping. Along the process, operators sign off at
their respective stations to ensure accountability of the work being completed per
build instructions. Every truck goes through 100% inspection which includes both
visual and functional. The final inspection ensures the truck was built to meet all
design and customer requirements. All of our trucks comply with ANSI B56 standards.
Some driver safety features we offer that differentiate our trucks are listed below:
1. Advanced Power Steering (Control) System - to prevent chronic back injury and
pain due to the extra effort to maintain the stability of the truck
2. LED Spotlight to notify all other drivers and pedestrians (front and rear) 3.
Ergonomic forklift seat:
a. Leg, shoulder, and neck protection
b. Armrests to prevent fatigue
c. Handles to help get in/out the cab
d. Weighted suspension to comfort the operators
4. Optional A/C and heat in enclosed cabs for different weather conditions
5. Detailed load-chart to assist with understanding of the load limits in different
situations
**First check - operator inspects work from prior station
Do - operator performs assigned work at station
Second check - When complete, operator verifies his work and
signs off prior to sending to downstream station
*
77 Describe any differentiating serviceability
attributes (remote diagnostics, parts fill
rate, etc.) your proposal offers.
There are over 4000 technicians in our dealer network. MCFA requires minimum
training levels for our technicians. This is supported by extensive product technical
training offered by MCFA. Additional support is provided to technicians through our
online technical manuals, schematics, and bulletins. When dealers need additional
help, we have a staff of Service Engineers with a 10+ year average field / Industry
experience, with several having over 20 years experience.
MCFA is the only OEM that owns an after market parts company (Rapid Parts) which
supplies lift truck parts for competitive brands. Rapid Parts supports our dealers with
parts when they service competitive brand machines. MCFA is the only OEM that has
a Parts Fast or Parts Free Guarantee.
MCFA offers through our dealers an innovative suite of online tools
designed to help fleet managers optimize the performance
of material handing assets with one unified platform. Lift Truck Solutions (LTS)
provides a platform for Fleet Track, One Bill, Service Dispatch, Repair Estimator, and
The Parts Store. Please see the attached Lift Trucks Solutions Brochure for details
on these tools. LTS is accessible 24/7, giving you full control of your forklift fleet. You
can request service, interact with a quote, accept invoices, and view your fleet's data
from any phone, tablet, or computer.
*
Exceptions to Terms, Conditions, or Specifications Form
Only those Proposer Exceptions to Terms, Conditions, or Specifications that have been accepted by Sourcewell have been
incorporated into the contract text.
Page 48 of 341
Bid Number: RFP 091520 Vendor Name: Mitsubishi Caterpillar Forklift America Inc.
Documents
Ensure your submission document(s) conforms to the following:
1. Documents in PDF format are preferred. Documents in Word, Excel, or compatible formats may also be provided.
2. Documents should NOT have a security password, as Sourcewell may not be able to open the file. It is your sole responsibility to
ensure that the uploaded document(s) are not either defective, corrupted or blank and that the documents can be opened and viewed by
Sourcewell.
3. Sourcewell may reject any response where any document(s) cannot be opened and viewed by Sourcewell.
4. If you need to upload more than one (1) document for a single item, you should combine the documents into one zipped file. If the
zipped file contains more than one (1) document, ensure each document is named, in relation to the submission format item responding
to. For example, if responding to the Marketing Plan category save the document as "Marketing Plan."
Financial Strength and Stability - Mitsubishi Logisnext 2020 Annual Report.pdf - Wednesday August 12, 2020 13:45:44
Marketing Plan/Samples - Sourcewell Flyer.pdf - Thursday September 10, 2020 15:42:13
WMBE/MBE/SBE or Related Certificates - MCFA WMBE Certificates.pdf - Monday September 14, 2020 15:58:13
Warranty Information - MCFA Warranty Statements 3B1C.pdf - Monday September 14, 2020 15:58:44
Pricing - MCFA Price Pages 3B1C.zip - Monday September 14, 2020 15:59:18
Additional Document - Freight - Parts Fast - LT Solutions Brochure.zip - Monday September 14, 2020 18:32:51
Page 49 of 341
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Bid Number: RFP 091520 Vendor Name: Mitsubishi Caterpillar Forklift America Inc.
Page 50 of 341
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Bid Number: RFP 091520 Vendor Name: Mitsubishi Caterpillar Forklift America Inc.
Page 51 of 341
COMMENT AND REVIEW
to the
REQUEST FOR PROPOSAL (RFP) 091520
Entitled
Forklifts and Lift Trucks with Related Services
The following advertisement was placed July 23, 2020 in Utah’s The Salt Lake Tribune, in USA Today, in South
Carolina’s The State, and on the Sourcewell website www.sourcewell-mn.gov, Sourcewell Procurement Portal
https://proportal.sourcewell-mn.gov, Biddingo, Merx, The New York State Contract Reporter
www.nyscr.ny.gov, PublicPurchase.com, and July 24, 2020 in Oregon’s Daily Journal of Commerce:
Sourcewell, a State of Minnesota local government agency and service cooperative, is requesting proposals
for Forklifts and Lift Trucks with Related Services to result in a contracting solution for use by its
Participating Entities. Sourcewell Participating Entities include thousands of governmental, higher
education, K-12 education, nonprofit, tribal government, and other public agencies located in the United
States and Canada. A full copy of the Request for Proposals can be found on the Sourcewell Procurement
Portal [https://proportal.sourcewell-mn.gov]. Only proposals submitted through the Sourcewell
Procurement Portal will be considered. Proposals are due no later than September 15, 2020, at 4:30 p.m.
Central Time, and late proposals will not be considered.
The solicitation process was conducted through the Sourcewell Procurement Portal. The following parties
expressed interest in the solicitation by registering for this opportunity within the portal:
All Around Access, LLC Komatsu Forklift U.S.A. LLC
BYD Motors, LLC Leavitt Machinery
Capital Industrial Sales & Service , Ltd. M H Equipment
Carolina Handling Manitou North America, Inc.
Cervus Contractors Equipment LP. MH EQUIPMENT
Commercial Truck Equipment Corporation Miner, Ltd.
Crown Equipment Corporation Mitsubishi Caterpillar Forklift America. Inc.
Doosan Industrial Vehicle America Corp. Norlift, Inc.
Equipements EMU LTee OCTANE Forklifts. Inc.
GN Johnston Equipment Optimal Leasing, LLC
Gregory Poole Equipment Company Pape' Material Handling
H&E Equipment Services, Inc. Sunbelt Rentals
Hooper Handling, Inc. The PlanIT Room
Hyster-Yale Group, Inc. TNT Crane & Rigging Canada, Inc.
Page 52 of 341
Sourcewell Page 2 of 4
Hyundai Construction Equipment
Americas, Inc. Tobroco Machinery, LLC
Integrated Distribution Systems Limited
Partnership
Toromont Material Handling, a division of Toromont
Industries, Ltd.
KGC Enterprises, Inc. T/A Kc Sign United Rentals (North America), Inc.
KION North America Western Materials Handling & Equipment, Lt d.
Komastu America Corporation Zemarc Corporation
All Proposals remained sealed within the Sourcewell Procurement Portal until the scheduled due date and
time. Proposals were electronically opened, and the list of all Proposers was made publicly available on the
Sourcewell Procurement Portal, on September 15, 2020 at 4:31:27 pm CT. Proposals were received from the
following:
Crown Equipment Corporation
Doosan Industrial Vehicle America Corp.
Hyster-Yale Group, Inc.
Hyundai Construction Equipment Americas, Inc.
Komastu America Corporation
Manitou North America, Inc.
Mitsubishi Caterpillar Forklift America, Inc.
OCTANE Forklifts, Inc.
Tobroco Machinery, LLC
Toromont Material Handling, a division of Toromont Industries, Ltd.
Western Materials Handling & Equipment, Ltd.
Proposals were reviewed by the Proposal Evaluation Committee:
Greg Grunig, Procurement Lead Analyst
James Voelker, Procurement Lead Analyst
Carol Jackson, Procurement Analyst
Stephanie Haataja, CPIM, Procurement Analyst
The findings of the Proposal Evaluation Committee are summarized as follows:
The Proposal Evaluation Committee applied the Sourcewell RFP evaluation criteria and determined that all
proposal responses met the scope and mandatory submittal requirements and were evaluated.
Doosan Industrial Vehicle America Corp. offers a full line of Class 1–5 internal combustion and electric forklifts,
with battery monitoring, fleet management, and telematics system offerings. They have a growing dealer sales
and service network across North America, providing a variety of operator and maintenance training and extended
maintenance plans. Doosan offers a competitive discount off standard pricing to Sourcewell participating entities.
Hyundai Construction Equipment Americas, Inc. is offering a range of Class 1-6 forklifts, available in battery, LP,
and diesel powered models and in various configurations. Sales and service is available to Sourcewell participating
entities through 166 Hyundai dealer locations across the U.S. and Canada, with optional preventive or full
maintenance contracts also available. Hyundai offers solid warranties and significant pricing discounts by product
category.
Page 53 of 341
Sourcewell Page 3 of 4
Mitsubishi Caterpillar Forklift America, Inc., (MCFA) offers a wide selection of Class 1-6 material handling
equipment under the Mitsubishi Forklift, Cat Lift Trucks, and Jungheinrich Lift Trucks brands. Their dealer network
offers sales and service at 470 locations in the United States and Canada, supported by 6 parts distribution
centers. MCFA offers a range of percentages off list pricing reflecting considerable discounts to participating
entities.
For these reasons, the Sourcewell Proposal Review Committee recommends award of Sourcewell Contract
#091320 to:
Doosan 091520-DIV
Hyundai 091520-HCE
Mitsubishi 091520-MCF
The preceding recommendations were approved on November 2, 2020.
______________________________________________
Greg Grunig, Procurement Lead Analyst
_________________________________________
Carol Jackson, Procurement Analyst
__________________________________________
James Voelker, CPCM, CFCM, Procurement Lead Analyst
________________________________________
Stephanie Haataja, CPIM, Procurement Analyst
Page 54 of 341
Sourcewell Page 4 of 4
STATEMENT OF COMPLIANCE
As Chief Procurement Officer for Sourcewell, I have reviewed the recommendation of the Evaluation Committee
and the accompanying support materials documenting the process followed for RFP #091520 for Forklifts and Lift
Trucks with Related Services.
The committee accepted, deemed responsive, evaluated, and recommended proposals for award. Under authority
granted to the Chief Procurement Officer in Sourcewell’s bylaws, the recommendations set forth above are
approved.
I hereby certify:
1. Sourcewell is a government agency, created and authorized by Minnesota law to provide cooperative
procurement contracts.
2. The procurement process and resulting contracts have been awarded in compliance with the laws of the State
of Minnesota (Minnesota Statutes Chapter 471 and Minnesota Statutes Section 123A.21), and in conformity to
Sourcewell’s Procurement Policy.
Jeremy Schwartz, CSSBB, CPPO
Chief Procurement Officer
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RFP #091520
REQUEST FOR PROPOSALS
for
Forklifts and Lift Trucks with Related Services
Proposal Due Date: September 15, 2020, 4:30 p.m., Central Time
Sourcewell, a State of Minnesota local government agency and service cooperative, is requesting
proposals for Forklifts and Lift Trucks with Related Services to result in a contracting solution for
use by its Participating Entities. Sourcewell Participating Entities include thousands of
governmental, higher education, K‐12 education, nonprofit, tribal government, and other public
agencies located in the United States and Canada. A full copy of the Request for Proposals can be
found on the Sourcewell Procurement Portal [https://proportal.sourcewell‐mn.gov]. Only
proposals submitted through the Sourcewell Procurement Portal will be considered. Proposals
are due no later than September 15, 2020, at 4:30 p.m. Central Time, and late proposals will not
be considered.
Solicitation Schedule
Public Notice of RFP Published: July 23, 2020
Pre‐proposal Conference: August 12, 2020, 10:00 a.m., Central Time
Question Submission Deadline: September 8, 2020, 4:30 p.m., Central Time
Proposal Due Date: September 15, 2020, 4:30 p.m., Central Time
Late responses will not be considered.
Opening: September 15, 2020, 6:30 p.m., Central Time **
** SEE RFP SUB‐SECTION V. G. “OPENING”
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I. ABOUT SOURCEWELL PARTICIPATING ENTITIES
A. SOURCEWELL
Sourcewell is a State of Minnesota local government agency and service cooperative created
under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that facilitates
a competitive public solicitation and contract award process for the benefit of its 50,000+
participating entities across the United States and Canada. Sourcewell’s solicitation process
complies with State of Minnesota law and policies, conforms to Canadian trade agreements,
and results in cooperative contracting solutions from which Sourcewell’s Participating Entities
procure equipment, products, and services.
Cooperative contracting provides participating entities and vendors increased administrative
efficiencies and the power of combined purchasing volume that result in overall cost savings. At
times, Sourcewell also partners with other purchasing cooperatives to combine the purchasing
volume of their membership into a single solicitation and contract expanding the reach of
contracted vendors’ potential pool of end users.
Sourcewell uses a website‐based platform, the Sourcewell Procurement Portal, through which
all proposals to this RFP must be submitted.
B. USE OF RESULTING CONTRACTS
In the United States, Sourcewell’s contracts are available for use by:
Federal and state government entities;
Cities, towns, and counties/parishes;
Education service cooperatives;
K‐12 and higher education entities;
Tribal government entities;
Some nonprofit entities; and
Other public entities.
In Canada, Sourcewell’s contracts are available for use by:
Provincial and territorial government departments, ministries, agencies, boards,
councils, committees, commissions, and similar agencies;
Regional, local, district, and other forms of municipal government, municipal
organizations, school boards, and publicly‐funded academic, health, and social service
entities referred to as MASH sector (this should be construed to include but not be
limited to the Cities of Calgary, Edmonton, Toronto, Calgary, Ottawa, and Winnipeg), as
well as any corporation or entity owned or controlled by one or more of the preceding
entities;
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Crown corporations, government enterprises, and other entities that are owned or
controlled by these entities through ownership interest;
Members of the Rural Municipalities of Alberta (RMA) and their represented
Associations, Saskatchewan Association of Rural Municipalities (SARM), Saskatchewan
Urban Municipalities Association (SUMA), Association of Manitoba Municipalities
(AMM), Local Authority Services (LAS), Municipalities Newfoundland and Labrador
(MNL), Nova Scotia Federation of Municipalities (NSFM), and Federation of Prince
Edward Island Municipalities (FPEIM).
For a listing of current United States and Canadian Participating Entities visit Sourcewell’s
website (note: there is a tab for each country’s listing): https://www.sourcewell‐
mn.gov/sourcewell‐for‐vendors/member‐locator.
Access to contracted equipment, products, or services by Participating Entities is typically
through a purchase order issued directly to the applicable vendor. A Participating Entity may
request additional terms or conditions related to a purchase. Use of Sourcewell contracts is
voluntary and Participating Entities retain the right to obtain similar equipment, products, or
services from other sources.
To meet Participating Entities’ needs, public notice of this RFP has been broadly published,
including notification in the United States to each state‐level procurement department for
possible re‐posting.
Proof of publication will be available at the conclusion of the solicitation process.
II. EQUIPMENT, PRODUCTS, AND SERVICES
A. SOLUTIONS‐BASED SOLICITATION
This RFP and contract award process is a solutions‐based solicitation; meaning that Sourcewell
is seeking equipment, products, or services that meet the general requirements of the scope of
this RFP and that are commonly desired or are required by law or industry standards.
B. REQUESTED EQUIPMENT, PRODUCTS, OR SERVICES
It is expected that Proposers will offer a wide array of equipment, products, or services at lower
prices and with better value than what they would ordinarily offer to a single government
entity, a school district, or a regional cooperative.
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1. Sourcewell is seeking proposals for Forklifts and Lift Truck with Related Service, as
follows:
a. Class I – VII forklifts and lift trucks:
Class I: Electric Motor Rider Trucks;
Class II: Electric Motor Narrow Aisle Trucks;
Class III: Electric Motor Hand Trucks or Hand Rider Trucks;
Class IV: Internal Combustion Engine Trucks (Solid/Cushion Tires);
Class V: Internal Combustion Engine Trucks (Pneumatic Tires);
Class VI: Electric and Internal Combustion Engine Tractors; and,
Class VII: Rough Terrain Forklift Trucks
b. Proposers may include forklift and lift truck accessories, attachments, repair and
replacement parts, batteries, and chargers to the extent that the solutions are
complementary to the offering of Class I – VII forklifts and lift trucks. A “parts‐only” or
an “attachments and accessories‐only” offering is not permitted.
c. Proposers may include related services, such as repair, maintenance or warranty
services and operator or technical training, to the extent that the services are
complementary to the offering of Class I – VII forklifts and lift trucks. A “services‐only” or
“training‐only” offering is not permitted.
2. This solicitation does not include those equipment, products, or services covered under
categories included in contracts currently maintained by Sourcewell:
a. Low Speed Vehicles, Medium Speed Vehicles, and Utility Vehicles, with Related
Equipment, Accessories (RFP# 051717);
b. Roadway Maintenance Equipment with Related Accessories, Attachments, Materials,
and Supplies (RFP# 052417);
c. Public Utility Equipment with Related Accessories and Supplies (RFP #012418);
d. Facility MRO (Maintenance, Repair & Operations), Industrial & Building Supplies with
Related Equipment, Accessories, Supplies & Services (RFP # 121218);
e. Trailers with Related Equipment, Accessories, and Services (RFP #121918);
f. Heavy Construction Equipment with Related Accessories, Attachments, and Supplies
(RFP #032119);
g. Medium Duty and Compact Construction Equipment with Related Attachments,
Accessories, and Supplies (RFP #040319), and
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h. Vehicle Lifts, with Garage and Fleet Maintenance Equipment (RFP #013020).
Proposers may include related equipment, accessories, and services to the extent that these
solutions are complementary to the equipment, products, or service(s) being proposed.
Generally, the solutions for Participating Entities are turn‐key solutions, providing a
combination of equipment, products and services, delivery, and installation to a properly
operating status. However, equipment or products only solutions may be appropriate for
situations where Participating Entities possess the ability, either in‐house or through local third‐
party contractors, to properly install and bring to operation the equipment or products being
proposed.
Sourcewell prefers vendors that provide a sole source of responsibility for the products and
services provided under a resulting contract. If Proposer requires the use of dealers, resellers,
or subcontractors to provide the products or services, the Proposal should address how the
products or services will be provided to Participating Entities and describe the network of
dealers, resellers, and/or subcontractors that will be available to serve Participating Entities
under a resulting contract.
Sourcewell desires the broadest possible selection of equipment, products, and services being
proposed over the largest possible geographic area and to the largest possible cross‐section of
Sourcewell current and future Participating Entities.
C. REQUIREMENTS
It is expected that Proposers have knowledge of all applicable industry standards, laws, and
regulations and possess an ability to market and distribute the equipment, products, or services
to Participating Entities.
1. Safety Requirements. All items proposed must comply with current applicable safety or
regulatory standards or codes.
2. Deviation from Industry Standard. Deviations from industry standards must be
identified with an explanation of how the equipment, products, and services will
provide equivalent function, coverage, performance, and/or related services.
3. New Equipment and Products. Proposed equipment and products must be for new,
current model; however, Proposer may offer certain close‐out equipment or products if
it is specifically noted in the Pricing proposal.
4. Delivered and operational. Unless clearly noted in the Proposal, equipment and
products must be delivered to the Participating Entity as operational.
5. Warranty. All equipment, products, supplies, and services must be covered by a
warranty that is the industry standard or better.
D. ANTICIPATED CONTRACT TERM
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Sourcewell anticipates that the term of any resulting contract(s) will be four (4) years. Up to
two one‐year extensions may be offered based on the best interests of Sourcewell and its
Participating Entities.
E. ESTIMATED CONTRACT VALUE AND USAGE
Based on past volume of similar contracts, the estimated annual value of all transactions from
contracts resulting from this RFP are anticipated to be USD $5 Million; therefore, proposers are
expected to propose volume pricing. Sourcewell anticipates considerable activity under the
contract(s) awarded from this RFP; however, sales and sales volume from any resulting contract
are not guaranteed.
F. MARKETING PLAN
Proposer’s sales force will be the primary source of communication with Participating Entities.
The Proposer’s Marketing Plan should demonstrate Proposer’s ability to deploy a sales force or
dealer network to Participating Entities, as well as Proposer’s sales and service capabilities. It is
expected that Proposer will promote and market any contract award.
G. ADDITIONAL CONSIDERATIONS
1. Contracts will be awarded to Proposers able to best meet the need of Participating
Entities. Proposers should submit their complete line of equipment, products, or
services that are applicable to the scope of this RFP.
2. Proposers should include all relevant information in its proposal, since Sourcewell
cannot consider information that is not included in the Proposal. Sourcewell reserves
the right to verify Proposer’s information and may request clarification from a Proposer,
including samples of the proposed equipment or products.
3. Depending upon the responses received in a given category, Sourcewell may need to
organize responses into subcategories in order to provide the broadest coverage of the
requested equipment, products, or services to Participating Entities. Awards may be
based on a subcategory.
4. A Proposer’s documented negative past performance with Sourcewell or its
Participating Entities occurring under a previously awarded Sourcewell contract may be
considered in the evaluation of a proposal.
III. PRICING
A. REQUIREMENTS
All proposed pricing must be:
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1. Either Line‐Item Pricing or Percentage Discount from Catalog Pricing, or a combination of
these:
a. Line‐item Pricing is pricing based on each individual product or services. Each line must
indicate the Vendor’s published “List Price,” as well as the “Contract Price.”
b. Percentage Discount from Catalog or Category is based on a percentage discount from
a catalog or list price, defined as a published Manufacturer’s Suggested Retail Price
(MSRP) for the products or services. Individualized percentage discounts can be
applied to any number of defined product groupings. Proposers will be responsible
for providing and maintaining current published MSRP with Sourcewell, and this
pricing must be included in its proposal and provided throughout the term of any
Contract resulting from this RFP.
2. The Proposer’s ceiling price (Ceiling price means that the proposed pricing will be
considered as the highest price for which equipment, products, or services may be billed
to a Participating Entity). However, it is permissible for vendors to sell at a price that is
lower than the contracted price;
3. Stated in U.S. and Canadian dollars (as applicable); and
4. Clearly understood, complete, and fully describe the total cost of acquisition (e.g., the
cost of the proposed equipment, products, and services delivered and operational for its
intended purpose in the Participating Entity’s location).
Proposers should clearly identify any costs that are NOT included in the proposed product or
service pricing. This may include items such as installation, set up, mandatory training, or initial
inspection. Include identification of any parties that impose such costs and their relationship to
the Proposer. Additionally, Proposers should clearly describe any unique distribution and/or
delivery methods or options offered in the Proposal.
B. ADMINISTRATIVE FEES
Proposers are expected to pay to Sourcewell an administrative fee in exchange for Sourcewell
facilitating the resulting contracts. The administrative fee is normally calculated as a percentage
of the total sales to Participating Entities for all contracted equipment, products, or services made
during a calendar quarter, and is typically one percent (1%) to two percent (2%). In some
categories, a flat fee may be an acceptable alternative.
IV. CONTRACT
Proposers awarded a contract will be required to execute a contract with Sourcewell (see
attached template). Only those modifications the Proposer indicates in its proposal will be
available for discussion. Much of the language in the Contract reflects Minnesota legal
requirements and cannot be altered. Numerous and/or onerous exceptions that contradict
Minnesota law may result in the Proposal being disqualified from further review and
evaluation.
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To request a modification to the Contract terms, conditions, or specifications, a Proposer must
complete and submit the Exceptions to Terms, Conditions, or Specifications table, with all
requested modifications, through the Sourcewell Procurement Portal at the time of submitting
the Proposer’s Proposal. Exceptions must:
1. Clearly identify the affected article and section, and
2. Clearly note what language is requested to be modified.
Unclear requests will be automatically denied.
Only those exceptions that have been accepted by Sourcewell will be included in the contract
document provided to the awarded vendor for signature.
If a Proposer receives a contract award resulting from this solicitation it will have up to 30 days
to sign and return the contract. After that time, at Sourcewell’s sole discretion, the contract
award may be revoked.
V. RFP PROCESS
A. PRE‐PROPOSAL CONFERENCE
Sourcewell will hold an optional, non‐mandatory pre‐proposal conference via webcast on the
date and time noted on page one of this RFP and on the Sourcewell Procurement Portal. The
purpose of this conference is to allow potential Proposers to ask questions regarding this RFP
and Sourcewell’s competitive contracting process. Information about the webcast will be sent
to all entities that have registered for this solicitation opportunity through their Sourcewell
Procurement Portal Vendor Account. Pre‐proposal conference attendance is optional.
B. QUESTIONS REGARDING THIS RFP AND ORAL COMMUNICATION
Questions regarding this RFP must be submitted through the Sourcewell Procurement Portal.
The deadline for submission of questions is found in the Solicitation Schedule and on the
Sourcewell Procurement Portal. Answers to questions will be issued through an addendum to
this RFP. Repetitive questions will be summarized into a single answer and identifying
information will be removed from the submitted questions.
All questions, whether specific to a Proposer or generally related to the RFP, must be submitted
using this process. Do not contact individual Sourcewell staff to ask questions or request
information as this may disqualify the Proposer from responding to this RFP. Sourcewell will not
respond to questions submitted after the deadline.
C. ADDENDA
Sourcewell may modify this RFP at any time prior to the proposal due date by issuing an
addendum. Addenda issued by Sourcewell become a part of the RFP and will be delivered to
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potential Proposers through the Sourcewell Procurement Portal. Sourcewell accepts no liability
in connection with the delivery of any addenda.
Before a proposal will be accepted through the Sourcewell Procurement Portal, all addenda, if
any, must be acknowledged by the Proposer by checking the box for each addendum. It is the
responsibility of the Proposer to check for any addenda that may have been issued up to the
solicitation due date and time.
If an addendum is issued after a Proposer submitted its proposal, the Sourcewell Procurement
Portal will WITHDRAW the submission and change the Proposer’s proposal status to
INCOMPLETE. The Proposer can view this status change in the “MY BIDS” section of the
Sourcewell Procurement Portal Vendor Account. The Proposer is solely responsible to check the
“MY BIDS” section of the Sourcewell Procurement Portal Vendor Account periodically after
submitting its Proposal (and up to the Proposal due date). If the Proposer’s Proposal status has
changed to INCOMPLETE, the Proposer is solely responsible to:
i) make any required adjustments to its proposal;
ii) acknowledge the addenda; and
iii) ensure the re‐submitted proposal is received through the Sourcewell Procurement Portal
no later than the Proposal Due Date and time shown in the Solicitation Schedule above.
D. PROPOSAL SUBMISSION
Proposer’s complete proposal must be submitted through the Sourcewell Procurement Portal
no later than the date and time specified in the Solicitation Schedule. Any other form of
proposal submission, whether electronic, paper, or otherwise, will not be considered by
Sourcewell. Late proposals will not be considered. It is the Proposer’s sole responsibility to
ensure that the proposal is received on time.
It is recommended that Proposers allow sufficient time to upload the proposal and to resolve
any issues that may arise. The time and date that a Proposal is received by Sourcewell is solely
determined by the Sourcewell Procurement Portal web clock.
In the event of problems with the Sourcewell Procurement Portal, follow the instructions for
technical support posted in the portal. It may take up to twenty‐four (24) hours to respond to
certain issues.
Upon successful submission of a proposal, the Portal will automatically generate a confirmation
email to the Proposer. If the Proposer does not receive a confirmation email, contact
Sourcewell’s support provider at support@bidsandtenders.ca.
To ensure receipt of the latest information and updates via email regarding this solicitation, or
if the Proposer has obtained this solicitation document from a third party, the onus is on the
Proposer to create a Sourcewell Procurement Portal Vendor Account and register for this
solicitation opportunity.
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Within the Procurement Portal, all proposals must be digitally acknowledged by an authorized
representative of the Proposer attesting that the information contained in in the proposal is
true and accurate. By submitting a proposal, Proposer warrants that the information provided
is true, correct, and reliable for purposes of evaluation for potential contract award. The
submission of inaccurate, misleading, or false information is grounds for disqualification from a
contract award and may subject the Proposer to remedies available by law.
E. GENERAL PROPOSAL REQUIREMENTS
Proposals must be:
In substantial compliance with the requirements of this RFP or it will be considered
nonresponsive and be rejected.
Complete. A proposal will be rejected if it is conditional or incomplete.
Submitted in English.
Valid and irrevocable for 90 days following the Proposal Due Date.
Any and all costs incurred in responding to this RFP will be borne by the Proposer.
F. PROPOSAL WITHDRAWAL
Prior to the proposal deadline, a Proposer may withdraw its proposal.
G. OPENING
The Opening of Proposals will be conducted electronically through the Sourcewell Procurement
Portal. A list of all Proposers will be made publicly available in the Sourcewell Procurement
Portal after the Proposal Due Date, but no later than the Opening time listed in the Solicitation
Schedule.
To view the list of Proposers, verify that the Sourcewell Procurement Portal opportunities list
search is set to “All” or “Closed.” The solicitation status will automatically change to “Closed”
after the Proposal Due Date and Time.
VI. EVALUATION AND AWARD
A. EVALUATION
It is the intent of Sourcewell to award one or more contracts to responsive and responsible
Proposer(s) offering the best overall quality, selection of equipment, products, and services,
and price that meet the commonly requested specifications of Sourcewell and its Participating
Entities. The award(s) will be limited to the number of Proposers that Sourcewell determines is
necessary to meet the needs of Participating Entities. Factors to be considered in determining
the number of contracts to be awarded in any category may include the following:
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The number of and geographic location of:
o Proposers necessary to offer a comprehensive selection of equipment, products, or
services for Participating Entities’ use.
o A Proposer’s sales and service network to assure availability of product supply and
coverage to meet Participating Entities’ anticipated needs.
Total evaluation scores.
The attributes of Proposers, and their equipment, products, or services, to assist
Participating Entities achieve environmental and social requirements, preferences, and
goals. Information submitted as part of a proposal should be as specific as possible
when responding to the RFP. Do not assume Sourcewell’s knowledge about a specific
vendor or product.
B. AWARD(S)
Award(s) will be made to the Proposer(s) whose proposal conforms to all conditions and
requirements of the RFP, and consistent with the award criteria defined in this RFP.
Sourcewell may request written clarification of a proposal at any time during the evaluation
process.
Proposal evaluation will be based on the following scoring criteria and the Sourcewell Evaluator
Scoring Guide (available in the Sourcewell Procurement Portal):
Conformance to RFP Requirements 50
Financial Viability and Marketplace Success 75
Ability to Sell and Deliver Service 100
Marketing Plan 50
Value Added Attributes 75
Warranty 50
Depth and Breadth of Offered Equipment, Products, or Services 200
Pricing 400
TOTAL POINTS 1000
C. PROTESTS OF AWARDS
Any protest made under this RFP by a Proposer must be in writing, addressed to Sourcewell’s
Executive Director, and delivered to the Sourcewell office located at 202 12th Street NE, P.O.
Box 219, Staples, MN 56479. The protest must be received no later than 10 calendar days’
following Sourcewell’s notice of contract award(s) or non‐award and must be time stamped by
Sourcewell no later than 4:30 p.m., Central Time.
A protest must include the following items:
The name, address, and telephone number of the protester;
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The original signature of the protester or its representative;
Identification of the solicitation by RFP number;
A precise statement of the relevant facts;
Identification of the issues to be resolved;
Identification of the legal or factual basis;
Any additional supporting documentation; and
Protest bond in the amount of $20,000, except where prohibited by law or treaty.
Protests that do not address these elements will not be reviewed.
D. RIGHTS RESERVED
This RFP does not commit Sourcewell to award any contract and a proposal may be rejected if it
is nonresponsive, conditional, incomplete, conflicting, or misleading. Proposals that contain
false statements or do not support an attribute or condition stated by the Proposer may be
rejected.
Sourcewell reserves the right to:
Modify or cancel this RFP at any time;
Reject any and all proposals received;
Reject proposals that do not comply with the provisions of this RFP;
Select, for contracts or for discussion, a proposal other than that with the lowest cost;
Independently verify any information provided in a Proposal;
Disqualify any Proposer that does not meet the requirements of this RFP, is debarred or
suspended by the United States or Canada, State of Minnesota, Participating Entity’s
state or province; has an officer, or other key personnel, who have been charged with a
serious crime; or is bankrupt, insolvent, or where bankruptcy or insolvency are a
reasonable prospect;
Waive or modify any informalities, irregularities, or inconsistencies in the proposals
received;
Clarify any part of a proposal and discuss any aspect of the proposal with any Proposer;
and negotiate with more than one Proposer;
Award a contract if only one responsive proposal is received if it is in the best interest of
Participating Entities; and
Award a contract to one or more Proposers if it is in the best interest of Participating
Entities.
E. DISPOSITION OF PROPOSALS
All materials submitted in response to this RFP will become property of Sourcewell and will
become public record in accordance with Minnesota Statutes Section 13.591, after negotiations
are complete. Sourcewell considers that negotiations are complete upon execution of a
resulting contract. It is the Proposer’s responsibility to clearly identify any data submitted that it
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considers to be protected. Proposer must also include a justification for the classification citing
the applicable Minnesota law.
Sourcewell will not consider the prices submitted by the Proposer to be confidential,
proprietary, or trade secret materials. Financial information, including financial statements,
provided by a Proposer is not considered trade secret under the statutory definition.
The Proposer understands that Sourcewell will reject proposals that are marked confidential or
nonpublic, either substantially or in their entirety.
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8/6/2020
Addendum No. 1
Solicitation Number: RFP 091520
Solicitation Name: Fork Lifts and Lift Trucks with Related Services
Consider the following Question and Answer to be part of the above‐titled solicitation
documents. The remainder of the documents remain unchanged.
Question 1:
Are there forms to complete to provide company information; questions regarding
corporate and dealer support; pricing; etc.?
Answer 1:
All proposals must be submitted through the Sourcewell Procurement Portal. Guidance
on preparing a response in the Portal can be found in the “Submit Response Guide”
located in the Resource Materials section of the Portal “Bids Homepage.”
End of Addendum
Acknowledgement of this Addendum to RFP 091520 posted to the Sourcewell
Procurement Portal on 8/6/2020, is required at the time of proposal submittal.
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8/10/2020
Addendum No. 2
Solicitation Number: RFP 091520
Solicitation Name: Fork Lifts and Lift Trucks with Related Services
Consider the following Question and Answer to be part of the above‐titled solicitation
documents. The remainder of the documents remain unchanged.
Question 1:
Where is end user location for delivery purposes?
Answer 1:
Sourcewell utilizes a competitive, solutions‐based solicitation approach that is not based
on detailed specifications, specific locations or finite quantities for our cooperative
contract awards. Sourcewell desires the broadest possible selection of equipment,
products, and services being proposed over the largest possible geographic area and to
the largest possible cross‐section of Sourcewell current and future Participating Entities.
End of Addendum
Acknowledgement of this Addendum to RFP 091520 posted to the Sourcewell
Procurement Portal on 8/10/2020, is required at the time of proposal submittal.
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8/25/2020
Addendum No. 3
Solicitation Number: RFP 091520
Solicitation Name: Fork Lifts and Lift Trucks with Related Services
Consider the following Question and Answer to be part of the above-titled solicitation
documents. The remainder of the documents remain unchanged.
Question 1:
Should pricing be submitted in Canadian or U.S. Dollars?
Answer 1:
Proposers should provide pricing as stated in RFP Section III. A. 3.
End of Addendum
Acknowledgement of this Addendum to RFP 091520 posted to the Sourcewell
Procurement Portal on 8/25/2020, is required at the time of proposal submittal.
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9/8/2020
Addendum No. 4
Solicitation Number: RFP 091520
Solicitation Name: Fork Lifts and Lift Trucks with Related Services
Consider the following Questions and Answers to be part of the above‐titled solicitation
documents. The remainder of the documents remain unchanged.
Question 1:
I received the following error message, "An error occurred ‐ please contact the
administrator" when I tried to edit my responses.
Answer 1:
The portal vendor has been contacted about the issue and it is being resolved.
Question 2:
If some pricing fluctuates with the usd/cad exchange rate. How would Sourcewell like
pricing that fluctuates with exchange to be detailed?
Answer 2:
In the competitive process, Sourcewell will not advise a proposer on the content of the
proposal. So, each proposer, in its discretion, will determine and propose the pricing
approach that aligns with their business methods and satisfies all the requirements of
RFP Article III ‐ Pricing.
End of Addendum
Acknowledgement of this Addendum to RFP 091520 posted to the Sourcewell
Procurement Portal on 9/8/2020, is required at the time of proposal submittal.
Page 72 of 341
CITY OF CRESTVIEW Item # 6.3.
Staff Report
CITY COUNCIL MEETING DATE: December 13, 2021
TYPE OF AGENDA ITEM: Action Item
TO:Mayor and City Council
CC:City Manager, City Clerk, Staff and Attorney
FROM:Crista Shepheard, Special Projects Manager
DATE:12/7/2021
SUBJECT:FY 2020-2021 CDBG Consolidated Annual Performance and Evaluation Report (CAPER)
BACKGROUND:
The City of Crestview receives funding from the U.S. Department of Housing and Urban Development (HUD),
through the Community Development Block Grant (CDBG) Program. The city is considered an "entitlement
community" with a prescribed formula for funding developed by HUD using select city demographic
information. As a condition of being an entitlement community, the city is required to perform annual
evaluations of its CDBG program through the completion of a Consolidated Annual Performance and
Evaluation Report (CAPER).
On July 23, 2020, City Council approved the FY 2020-2021 CDBG Annual Action Plan, which specifically
allocated funding for the FY 2020-2021 programs whose performance is evaluated in this CAPER. After the
adoption of the plan by City Council, in December of 2020 HUD determined that there was an error on their
part in the amount of $25.00 in the regular allocation amount. That difference was taken from the City of
Crestview Nuisance Abatement Program.
DISCUSSION:
Staff has completed the FY 2020-2021 CAPER in accordance with HUD requirements. A revised total of total
of $261,420.00 was awarded to the city for FY 2020-2021. $32,922.00 of which was allocated to
Administration and Planning, $12,000.00 was allocated to HHA Housing Stabilization, $75,663.00 was
allocated to City of Crestview Nuisance Abatement, $44,000.00 was allocated to City of Crestview Benjamin
St Sewer, and $96,835.00 was allocated to the City of Crestview CDBG-CV Small Business Grant Program.
The status of these projects is as follows:
Administration and Planning: The CDBG program allows for up to 20 percent of the annual allocation to be
used to offset the cost of administering the program. This project was completed during FY 2020-2021.
HHA Housing Stabilization: $8,005.09 was spent on this program during FY 2020-2021. The remaining
balance will be completed during FY 2021-2022.
City of Crestview Nuisance Abatement: $53,503.86 was spent on this program during FY 2020-2021. The
remaining balance will be expended during FY 2021-2022.
City of Crestview Benjamin St Sewer: This project was delayed due to increased material costs and is expected
to begin in FY 2021-2022.
City of Crestview CDBG-CV Small Business Assistance Grant: $15,000.00 was spent on this program during
Page 73 of 341
FY 2020-2021. Remaining funds are expected to be spent during FY 2021-2022.
The CAPER was made available for public comment. At the time of this report, no public comments have been
received.
GOALS & OBJECTIVES
This item is consistent with the goals in A New View Strategic Plan 2020 as follows;
Foundational- these are the areas of focus that make up the necessary foundation of a successful local
government.
Organizational Capacity, Effectiveness & Efficiency- To efficiently & effectively provide the highest quality
of public services
Infrastructure- Satisfy current and future infrastructure needs
Communication- To engage, inform and educate public and staff
Quality of Life- these areas focus on the overall experience when provided by the city.
Community Character- Promote desirable growth with a hometown atmosphere
FINANCIAL IMPACT
There are no financial obligations associated with this report. The FY 2020-2021 CDBG allocation expenditure
report is as follows:
Activity Name IDIS Activity ID Annual Action
Plan Allocation
Reallocation Amount funded
in IDIS
Remaining
Planning &
Administration
10 $32,922.00 $0.00 $32,922.00 $0.00
HHA Housing
Stabilization
11 $12,000.00 $0.00 $12,000.00 $3,994.91
Nuisance
Abatement
12 $75,663.00 $0.00 $75,663.00 $22,159.14
Benjamin St
Sewer
14 $44,000.00 $0.00 $44,000.00 $44,000.00
CDBG-CV Small
Business
Assistance
13 $96,835.00 $0.00 $96,835.00 $81,835.00
RECOMMENDED ACTION
Staff respectfully requests City Council approval of the 2020-2021 Community Development Block Grant
Consolidated Annual Performance Evaluation Report.
Attachments
1.2020-21 CAPER
Page 74 of 341
CAPER 1
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-05 - Goals and Outcomes
Progress the jurisdiction has made in carrying out its strategic plan and its action plan. 91.520(a)
This could be an overview that includes major initiatives and highlights that were proposed and executed throughout the program year.
The City of Crestview is designated as an entitlement community under the CDBG program. FY 2020-21 was the city's first year of being an
entitlement community. This Consolidated Annual Performance and Evaluation Report (CAPER) covers the period from October 1, 20120 to
September 30, 2021.
Comparison of the proposed versus actual outcomes for each outcome measure submitted with the consolidated plan and
explain, if applicable, why progress was not made toward meeting goals and objectives. 91.520(g)
Categories, priority levels, funding sources and amounts, outcomes/objectives, goal outcome indicators, units of measure, targets, actual
outcomes/outputs, and percentage completed for each of the grantee’s program year goals.
Goal Category Source /
Amount
Indicator Unit of
Measure
Expected
–
Strategic
Plan
Actual –
Strategic
Plan
Percent
Complete
Expected
–
Program
Year
Actual –
Program
Year
Percent
Complete
Blight Removal
Non-Housing
Community
Development
CDBG:
$
Buildings
Demolished Buildings 40 6
15.00% 10 6
60.00%
Expand
Economic
Opportunity
COVID-19
CDBG-CV
Funding
CDBG-
CV: $ Businesses assisted Businesses
Assisted 19 5
26.32% 19 5
26.32%
Planning and
Administration
Planning &
Administration
CDBG:
$ Other Other 1 1
100.00% 1 1
100.00%
Page 75 of 341
CAPER 2
OMB Control No: 2506-0117 (exp. 09/30/2021)
Provide a
Suitable Living
Environment
Affordable
Housing
CDBG:
$
Public Facility or
Infrastructure
Activities for
Low/Moderate
Income Housing
Benefit
Households
Assisted 0 0 0 0
Provide a
Suitable Living
Environment
Affordable
Housing
CDBG:
$ Other Other 1 0
0.00%
Public Facility
Improvements
Non-Housing
Community
Development
CDBG:
$
Public Facility or
Infrastructure
Activities other than
Low/Moderate
Income Housing
Benefit
Persons
Assisted
1000 0
0.00%
Public Services
Non-Housing
Community
Development
CDBG:
$
Homelessness
Prevention
Persons
Assisted 0 0 60 50
83.33%
Public Services
Non-Housing
Community
Development
CDBG:
$ Other Other 1 0
0.00%
Table 1 - Accomplishments – Program Year & Strategic Plan to Date
Assess how the jurisdiction’s use of funds, particularly CDBG, addresses the priorities and specific objectives identified in the plan,
giving special attention to the highest priority activities identified.
Projects began and/or completed during the 2020-21 fiscal year helped meet the following specific goals identified in the Consolidated Plan and
Page 76 of 341
CAPER 3
OMB Control No: 2506-0117 (exp. 09/30/2021)
Annual Action Plan:
Goal: Planning and Administration – This goal was addressed through the completion of the Planning and Administration activity.
Goal: Public Services – This goal was addressed through the HHA Housing Stabilization activity.
Goal: Blight Removal – This goal was addressed through the City of Crestview Nuisance Abatement Program. This program will continue in FY
2021-22.
Goal: Provide a Suitable Living Environment – This goal is to be addressed by the City of Crestview Benjamin St Sewer Project. This activity has
been delayed and is expected to begin in FY 2021-22.
Goal: Expand Economic Opportunity – This goal is being addresses through the City of Crestview CDBG-CV Small Business Grant Program. This
program is still accepting applications and is expected to be completed in FY 2021-22.
Page 77 of 341
CAPER 4
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-10 - Racial and Ethnic composition of families assisted
Describe the families assisted (including the racial and ethnic status of families assisted).
91.520(a)
CDBG
White 49
Black or African American 24
Asian 3
American Indian or American Native 2
Native Hawaiian or Other Pacific Islander 1
Total 79
Hispanic 5
Not Hispanic 0
Table 2 – Table of assistance to racial and ethnic populations by source of funds
Narrative
Page 78 of 341
CAPER 5
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-15 - Resources and Investments 91.520(a)
Identify the resources made available
Source of Funds Source Resources Made
Available
Amount Expended
During Program Year
CDBG public - federal 164,585 94,431
Other public - federal 96,835 15,000
Table 3 - Resources Made Available
Narrative
Identify the geographic distribution and location of investments
Target Area Planned Percentage of
Allocation
Actual Percentage of
Allocation
Narrative Description
CRESTVIEW 100 100
Table 4 – Identify the geographic distribution and location of investments
Narrative
In FY 2020-21 100% of the funding expended was used inside the target areas to maximize impact.
Page 79 of 341
CAPER 6
OMB Control No: 2506-0117 (exp. 09/30/2021)
Leveraging
Explain how federal funds leveraged additional resources (private, st ate and local funds),
including a description of how matching requirements were satisfied, as well as how any
publicly owned land or property located within the jurisdiction that were used to address the
needs identified in the plan.
The City of Crestview does not receive HOME or ESG funding. CDBG funding does not require
matching funds, however funding is leveraged by private, local, state, and other federal funding
as available. The city continues to seek funding opportunities and partnerships to expand
programs.
Page 80 of 341
CAPER 7
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-20 - Affordable Housing 91.520(b)
Evaluation of the jurisdiction's progress in providing affordable housing, including the
number and types of families served, the number of extremely low -income, low-income,
moderate-income, and middle-income persons served.
One-Year Goal Actual
Number of Homeless households to be
provided affordable housing units 0 0
Number of Non-Homeless households to be
provided affordable housing units 0 0
Number of Special-Needs households to be
provided affordable housing units 0 0
Total 0 0
Table 5 – Number of Households
One-Year Goal Actual
Number of households supported through
Rental Assistance 0 0
Number of households supported through
The Production of New Units 0 0
Number of households supported through
Rehab of Existing Units 0 0
Number of households supported through
Acquisition of Existing Units 0 0
Total 0 0
Table 6 – Number of Households Supported
Discuss the difference between goals and outcomes and problems encountered in meeting
these goals.
Discuss how these outcomes will impact future annual action plans.
Include the number of extremely low-income, low-income, and moderate-income persons
Page 81 of 341
CAPER 8
OMB Control No: 2506-0117 (exp. 09/30/2021)
served by each activity where information on income by family size is required to determine
the eligibility of the activity.
Number of Households Served CDBG Actual HOME Actual
Extremely Low-income 0 0
Low-income 0 0
Moderate-income 0 0
Total 0 0
Table 7 – Number of Households Served
Narrative Information
Page 82 of 341
CAPER 9
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-25 - Homeless and Other Special Needs 91.220(d, e); 91.320(d, e); 91.520(c)
Evaluate the jurisdiction’s progress in meeting its specific objectives for reducing and ending
homelessness through:
Reaching out to homeless persons (especially unsheltered persons) and assessing their
individual needs
During FY 2020 the city reached out to people experiencing homelessness through the Housing Stability
Specialist provided by Homelessness and Housing Alliance.
Addressing the emergency shelter and transitional housing needs of homeless persons
During FY 2020-21 emergency shelter and transitional housing needs were addresses through the the
CoC, Homelessness and Housing Alliance.
Helping low-income individuals and families avoid becoming homeless, especially extremely
low-income individuals and families and those who are: likely to become homeless after
being discharged from publicly funded institutions and systems of care (such as health care
facilities, mental health facilities, foster care and other youth facilities, and corrections
programs and institutions); and, receiving assistance from public or private agencies that
address housing, health, social services, employment, education, or youth needs
During FY 2020-21 these activities were carried out through the the CoC, Homelessness and Housing
Alliance.
Helping homeless persons (especially chronically homeless individuals and families, families
with children, veterans and their families, and unaccompanied youth) make the transition to
permanent housing and independent living, including shortening the period of time that
individuals and families experience homelessness, facilitating access for homeless individuals
and families to affordable housing units, and preventing individuals and families who were
recently homeless from becoming homeless again
During FY 2020-21 these activities were carried out through the the CoC, Homelessness and Housing
Alliance.
Page 83 of 341
CAPER 10
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-30 - Public Housing 91.220(h); 91.320(j)
Actions taken to address the needs of public housing
During FY 2020-21 the city did not address public housing needs directly.
Actions taken to encourage public housing residents to become more involved in
management and participate in homeownership
During FY 2020-21 there were no city-planned planned activities to encourage public housing residents
to become more involved in management and participate in homeownership
Actions taken to provide assistance to troubled PHAs
The Crestview Housing Authority is not designated as troubled.
Page 84 of 341
CAPER 11
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-35 - Other Actions 91.220(j)-(k); 91.320(i)-(j)
Actions taken to remove or ameliorate the negative effects of public policies that serve as
barriers to affordable housing such as land use controls, tax policies affecting land, zoning
ordinances, building codes, fees and charges, growth limitations, and policies affecting the
return on residential investment. 91.220 (j); 91.320 (i)
Duriing FY 2020-21 the city made revisions to the Land Development Code, and has been working
diligently to streamline processes and procedures for community development. These actions are not
funded through the CDBG program, but address barriers to affordable housing.
Actions taken to address obstacles to meeting underserved needs. 91.220(k); 91.320(j)
During FY 20-21, the City undertook activities to address obstacles to meeting underserved needs by
funding the non-profit sub-recipient organizations previously identified.
Actions taken to reduce lead-based paint hazards. 91.220(k); 91.320(j)
The City tests proposed rehabilitation projects for lead-based paint, provides the required remedial
action, and provides information to homeowner.
The City’s programs continue to include lead-based paint hazard education. The City provides copies of
the booklet “Protect Your Family from Lead in Your Home”. Each unit that will undergo painting and/or
re-roofing will be evaluated for the presence of lead-based paint. If such hazards are determined to
exist, the city will hire a certified consuktant to remove the paint to the extent possible and repair the
surface.
Actions taken to reduce the number of poverty-level families. 91.220(k); 91.320(j)
During FY 2020-21 the city did not undertake activities to reduce the number of poverty level families.
Actions taken to develop institutional structure. 91.220(k); 91.320(j)
The City funds services to extremely low, low-, and moderate-income families through non-profit
organizations who provide those services to these families. The city has not directly funded projects that
taret specific needs.
Actions taken to enhance coordination between public and private housing and social service
agencies. 91.220(k); 91.320(j)
During FY 20-21, the city did not undertake activities that reduce the number of poverty level families.
Page 85 of 341
CAPER 12
OMB Control No: 2506-0117 (exp. 09/30/2021)
Identify actions taken to overcome the effects of any impediments identified in the
jurisdictions analysis of impediments to fair housing choice. 91.520(a)
The city plans to perform an analysis of impediments during FY 2021-22.
Page 86 of 341
CAPER 13
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-40 - Monitoring 91.220 and 91.230
Describe the standards and procedures used to monitor activities carried out in furtherance
of the plan and used to ensure long-term compliance with requirements of the programs
involved, including minority business outreach and the comprehensive planning
requirements
Activity monitoring is a continuous process to ensure compliance with all applicable policies and
regulations. Projects and programs are reviewed for eligibility and consistency with the 5-Year
Consolidated Plan. Checklists are completed for each project/program considered for
approval. Contracts are executed for projects involving other agencies or cities, in accordance with the
all Program Federal Regulations. Methods of monitoring differ by project, and are taylored to each
specific project's requirements. Memorandum of Agreements are executerd between the city and
outside agencies that receive CDBG funding. Progress is reviewed monthly to ensure timeliness of
spending, in conjunction with preparation of the CAPER and in preparation for each year's Action Plan.
Citizen Participation Plan 91.105(d); 91.115(d)
Describe the efforts to provide citizens with reasonable notice and an opportunity to
comment on performance reports.
As required, reasonable notice for review and comment of this CAPER was provided. Public notice of the
comment period was published in the Northwest Florida Daily News, and on the city's website on
November 29, 2021. A copy of the draft CAPER was available for review during the 15-day comment
period. All comments received will be addressed at the end of the comment period.
CR-45 - CDBG 91.520(c)
Specify the nature of, and reasons for, any changes in the jurisdiction’s program objectives
and indications of how the jurisdiction would change its programs as a result of its
experiences.
There were no changes in the city's program objectives for FY 2020-21
Does this Jurisdiction have any open Brownfields Economic Development Initiative (BEDI)
Page 87 of 341
CAPER 14
OMB Control No: 2506-0117 (exp. 09/30/2021)
grants?
No
[BEDI grantees] Describe accomplishments and program outcomes during the last year.
Page 88 of 341
CAPER 15
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-45 - CDBG 91.520(c)
Specify the nature of, and reasons for, any changes in the jurisdiction’s program objectives
and indications of how the jurisdiction would change its programs as a result of its
experiences.
There were no changes in the city's program objectives for FY 2020-21
Does this Jurisdiction have any open Brownfields Economic Development Initiative (BEDI)
grants?
No
[BEDI grantees] Describe accomplishments and program outcomes during the last year.
Page 89 of 341
CITY OF CRESTVIEW Item # 6.4.
Staff Report
CITY COUNCIL MEETING DATE: December 13, 2021
TYPE OF AGENDA ITEM: Action Item
TO:Mayor and City Council
CC:City Manager, City Clerk, Staff and Attorney
FROM:Kyle Lusk
DATE:12/9/2021
SUBJECT:Message Trailer, Public Services
BACKGROUND:
The City of Crestview Police Department was previously granted permission to purchase two (2) Sign/Speed
Trailers. One purchase utilizing the city-wide "CARES" Funding; and the Second; utilizing the "CARES:
funding through the Florida Department of Law Enforcement. Both grants are designated to use the speed/sign
trailers for response to COVID and traffic related to public coordination and traffic diversion. The sign trailers
will be used for the organization and coordination of traffic incidents, vaccination, testing, food distribution,
traffic enforcement and any other need for other traffic-related instruction or circumstances where displayed
instruction or speed verification is necessary.
DISCUSSION:
The Crestview Police Department is requesting the transfer of $21,899.00 of CARES Funding that was
previously awarded to the Police Department, to be transferred to the Public Works Department for the
purchase of a sign/speed trailer,
The Crestview Police Department has already purchased one (1) of the sign/speed trailers utilizing the grant
through the Florida Department of Law Enforcement. Currently, the Crestview Police Department is requesting
the funds from the city-wide "CARES" funds for the purchase of the second sign/speed trailer, be deferred from
the Crestview Police Department to the Public Services Department for the purchase.
Both departments benefit from the use of these sign/speed trailers and this transfer of funds will prevent
concerns or confusion of which sign/speed trailer came from which funding source and allow dual-
departmental usage.
GOALS & OBJECTIVES
This item is consistent with the goals in A New View Strategic Plan 2020 as follows;
Foundational- these are the areas of focus that make up the necessary foundation of a successful local
government.
Financial Sustainability- Achieve long term financial sustainability
Organizational Capacity, Effectiveness & Efficiency- To efficiently & effectively provide the highest quality
of public services
Infrastructure- Satisfy current and future infrastructure needs
Communication- To engage, inform and educate public and staff
Page 90 of 341
Quality of Life- these areas focus on the overall experience when provided by the city.
Community Character- Promote desirable growth with a hometown atmosphere
Safety- Ensure the continuous safety of citizens and visitors
Mobility- Provide safe, efficient and accessible means for mobility
FINANCIAL IMPACT
CARES Funding expenditures were previously approved. This funding originates from the COVID-19 CARES
Fund and does not create a financial obligation from the City of Crestview. The transfer of funding does not
create an additional financial impact.
RECOMMENDED ACTION
Staff respectfully requests the approval to transfer the previously awarded CARES Funding in the amount
of $21,899.00 and previously awarded to the Crestview Police Department, to be transferred to the Public
Services Department for purchase of a sign/speed trailer.
Attachments
None
Page 91 of 341
CITY OF CRESTVIEW Item # 6.4.
Staff Report
CITY COUNCIL MEETING DATE: December 13, 2021
TYPE OF AGENDA ITEM: Action Item
TO:Mayor and City Council
CC:City Manager, City Clerk, Staff and Attorney
FROM:Kyle Lusk
DATE:12/9/2021
SUBJECT:Message Trailer, Public Services
BACKGROUND:
The City of Crestview Police Department was previously granted permission to purchase two (2) Sign/Speed
Trailers. One purchase utilizing the city-wide "CARES" Funding; and the Second; utilizing the "CARES:
funding through the Florida Department of Law Enforcement. Both grants are designated to use the speed/sign
trailers for response to COVID and traffic related to public coordination and traffic diversion. The sign trailers
will be used for the organization and coordination of traffic incidents, vaccination, testing, food distribution,
traffic enforcement and any other need for other traffic-related instruction or circumstances where displayed
instruction or speed verification is necessary.
DISCUSSION:
The Crestview Police Department is requesting the transfer of $21,899.00 of CARES Funding that was
previously awarded to the Police Department, to be transferred to the Public Works Department for the
purchase of a sign/speed trailer,
The Crestview Police Department has already purchased one (1) of the sign/speed trailers utilizing the grant
through the Florida Department of Law Enforcement. Currently, the Crestview Police Department is requesting
the funds from the city-wide "CARES" funds for the purchase of the second sign/speed trailer, be deferred from
the Crestview Police Department to the Public Services Department for the purchase.
Both departments benefit from the use of these sign/speed trailers and this transfer of funds will prevent
concerns or confusion of which sign/speed trailer came from which funding source and allow dual-
departmental usage.
GOALS & OBJECTIVES
This item is consistent with the goals in A New View Strategic Plan 2020 as follows;
Foundational- these are the areas of focus that make up the necessary foundation of a successful local
government.
Financial Sustainability- Achieve long term financial sustainability
Organizational Capacity, Effectiveness & Efficiency- To efficiently & effectively provide the highest quality
of public services
Infrastructure- Satisfy current and future infrastructure needs
Communication- To engage, inform and educate public and staff
Page 92 of 341
Quality of Life- these areas focus on the overall experience when provided by the city.
Community Character- Promote desirable growth with a hometown atmosphere
Safety- Ensure the continuous safety of citizens and visitors
Mobility- Provide safe, efficient and accessible means for mobility
FINANCIAL IMPACT
CARES Funding expenditures were previously approved. This funding originates from the COVID-19 CARES
Fund and does not create a financial obligation from the City of Crestview. The transfer of funding does not
create an additional financial impact.
RECOMMENDED ACTION
Staff respectfully requests the approval to transfer the previously awarded CARES Funding in the amount
of $21,899.00 and previously awarded to the Crestview Police Department, to be transferred to the Public
Services Department for purchase of a sign/speed trailer.
Attachments
None
Page 93 of 341
ORDINANCE:
N/A
N/A
Page 94 of 341
CITY OF CRESTVIEW Item # 6.4.
Staff Report
CITY COUNCIL MEETING DATE: December 13, 2021
TYPE OF AGENDA ITEM: Action Item
TO:Mayor and City Council
CC:City Manager, City Clerk, Staff and Attorney
FROM:Kyle Lusk
DATE:12/9/2021
SUBJECT:Message Trailer, Public Services
BACKGROUND:
The City of Crestview Police Department was previously granted permission to purchase two (2) Sign/Speed
Trailers. One purchase utilizing the city-wide "CARES" Funding; and the Second; utilizing the "CARES:
funding through the Florida Department of Law Enforcement. Both grants are designated to use the speed/sign
trailers for response to COVID and traffic related to public coordination and traffic diversion. The sign trailers
will be used for the organization and coordination of traffic incidents, vaccination, testing, food distribution,
traffic enforcement and any other need for other traffic-related instruction or circumstances where displayed
instruction or speed verification is necessary.
DISCUSSION:
The Crestview Police Department is requesting the transfer of $21,899.00 of CARES Funding that was
previously awarded to the Police Department, to be transferred to the Public Works Department for the
purchase of a sign/speed trailer,
The Crestview Police Department has already purchased one (1) of the sign/speed trailers utilizing the grant
through the Florida Department of Law Enforcement. Currently, the Crestview Police Department is requesting
the funds from the city-wide "CARES" funds for the purchase of the second sign/speed trailer, be deferred from
the Crestview Police Department to the Public Services Department for the purchase.
Both departments benefit from the use of these sign/speed trailers and this transfer of funds will prevent
concerns or confusion of which sign/speed trailer came from which funding source and allow dual-
departmental usage.
GOALS & OBJECTIVES
This item is consistent with the goals in A New View Strategic Plan 2020 as follows;
Foundational- these are the areas of focus that make up the necessary foundation of a successful local
government.
Financial Sustainability- Achieve long term financial sustainability
Organizational Capacity, Effectiveness & Efficiency- To efficiently & effectively provide the highest quality
of public services
Infrastructure- Satisfy current and future infrastructure needs
Communication- To engage, inform and educate public and staff
Page 95 of 341
Quality of Life- these areas focus on the overall experience when provided by the city.
Community Character- Promote desirable growth with a hometown atmosphere
Safety- Ensure the continuous safety of citizens and visitors
Mobility- Provide safe, efficient and accessible means for mobility
FINANCIAL IMPACT
CARES Funding expenditures were previously approved. This funding originates from the COVID-19 CARES
Fund and does not create a financial obligation from the City of Crestview. The transfer of funding does not
create an additional financial impact.
RECOMMENDED ACTION
Staff respectfully requests the approval to transfer the previously awarded CARES Funding in the amount
of $21,899.00 and previously awarded to the Crestview Police Department, to be transferred to the Public
Services Department for purchase of a sign/speed trailer.
Attachments
None
Page 96 of 341
RESOLUTION:
N/A
N/A
Page 97 of 341
CITY OF CRESTVIEW Item # 6.5.
Staff Report
CITY COUNCIL MEETING DATE: December 13, 2021
TYPE OF AGENDA ITEM: Action Item
TO:Mayor and City Council
CC:City Manager, City Clerk, Staff and Attorney
FROM:
DATE:12/9/2021
SUBJECT:Purchase Tractor for Blackwater Golf Club
BACKGROUND:
Recently, the City Council approved the purchase of the mowing equipment for Blackwater Golf Club. The
approved method of purchase was through a lease with John Deere. Since the quote, the supplier has struggled
to fill the order.
DISCUSSION:
The schedule for opening the golf course is greatly dependent on when the mowing equipment can be
delivered. With the supply chain disruption, the Blackwater team has struggled to fill the order. One piece of
equipment in particular has posed a problem. This piece of equipment, a 40 40 horsepower tractor, can not be
located by the John Deere supplier and therefore will not be delivered on time.
To resolve this issue, staff worked to locate the equipment through another source. Kingline Equipment of
Baker does have a tractor that can meet the needs of the course. The tractor is in stock and has a sticker price of
$24,599.
Through negotiations with the supplier under the Sourcewell Purchasing Contract, staff obtained a price of
22,403.52.
The original John Deere tractor, previously approved, was budgeted at $24,273.85. Purchasing through
Kingline will result in a savings of $1,870.33.
The staff were unable to obtain three quotes for the equipment which could meet the desired timeline. This
request is consistent with the amended purchasing policy for the Backwater Golf Club Project.
In an effort to speed the process, the staff is recommending removing this equipment from the lease and
purchasing it locally utilizing undesignated pooled cash. By doing this, the general fund would in essence fund
the purchase of the tractor to be paid back from the golf course through monthly payments. Utilizing this
strategy will save interest as well as meet the immediate need.
GOALS & OBJECTIVES
This item is consistent with the goals in A New View Strategic Plan 2020 as follows;
Foundational- these are the areas of focus that make up the necessary foundation of a successful local
government.
Financial Sustainability- Achieve long term financial sustainability
Organizational Capacity, Effectiveness & Efficiency- To efficiently & effectively provide the highest quality
Page 98 of 341
of public services
Infrastructure- Satisfy current and future infrastructure needs
Communication- To engage, inform and educate public and staff
Quality of Life- these areas focus on the overall experience when provided by the city.
Safety- Ensure the continuous safety of citizens and visitors
Mobility- Provide safe, efficient and accessible means for mobility
Play- Expand recreational and entertainment activities within the City
FINANCIAL IMPACT
The funding for this purchase will come from undesignated fund balance and will be repaid over time from golf
course proceeds.
RECOMMENDED ACTION
Staff respectfully requests City Council to amend the lease with John Deere and purchase the tractor utilizing
undesignated fund balance from Kingland Equipment of Baker.
Attachments
1.Kingland Equipment Quote
2.John Deere Lease Quote
3.110719-CNH Case NH Ag - Pricing Information Sourcewell
Page 99 of 341
Ship To: IN STORE PICKUP
Invoice To: GOLF COURSE
GET
BAKER FL 32531
Kingline Equipment - Baker
1576 Highway 90 West • Baker, FL 32531-9337
(850) 423-0505
www.kinglineequipment.com
Branch
03 - BAKER, FL
Date
12/09/2021
Time
10:48:20 (0)
Page
1
Account No
COURS005
Phone No
2292217126
Inv No 01
Q00296
Ship Via
Purchase Order
Tax ID No
ROXANNE BURDESHAW
Salesperson
ARB
EQUIPMENT ESTIMATE - NOT AN INVOICE
Description
Stock #: 18892
Hours: 0
New 2022 NH WM 40
New 2022 NEW HOLLAND WM 40 12X12,R3,4WD,140TL
Authorization:
** QUOTE **
EXPIRY DATE: 01/08/2022
Serial #: LSMOW40RVM0012288
Subtotal:
Quote Total:
Amount
22403.52
22403.52
22403.52
Trade in inspection may be required to confirm condition. Used machines or "as is" with no warranty implied unless
stated otherwise. Financing, extended warranty, maintenance plans and PDI insurance is available on most products.
Cantonment Summerdale Baker Dothan Marianna Nashville
3221 Highway 29 South 19425 State Highway 59 1576 Highway 90 West 315 Ross Clark Circle 2948 Highway 71 747 South Davis Street
Cantonment, FL 32533 Summerdale, AL 36580 Baker, FL 32531-9337 Dothan, AL 36303 Marianna, FL 32446 Nashville, GA 31639
(850) 937-9693 (251) 989-9693 (850) 423-0505 (334) 792-9110 (850) 317-7060 (850) 937-9693
Page 100 of 341
€] .lor* DEERE ffir""iryr
Quote Summary
Preparcd For:
GREAT LIFE GOLF & FITNESS
455 W EISENHOWER RD
LANSING, KS 66043
Prepared By:
Daniel Hicks
Beard Equipmenl Company
2480 E 1-65 Service Road N
Mobile, AL 36617
Phone: 800-848-8563
dhicks@beardequipment.com
Ouote ld: 25067932
Creaied On: 17 turgust 2021
Last Modified On: 03 December 2021
Expiration Date: 29 October 2021
Equipment summery
PROGRESSIVE TDR-X 10.5' Roller
l\rower- Gr6en
BUFFALO TURBINE Cyclone KB4
Debds Blower w/ Wireless Remote
LELY HR Spreader,3 Pt. Hitch
DAKOTA 410 (Pull) - Electric over
Hydraulic Power Pac
GREENS GROOMER Eleckic Lift
Greens G.oome. dPremium Black
Brushes
JOHN DEERE 5055E Utility Tracto.
JOHN DEERE 520M Loader
AGRIIIETAL GR 660.D 13 HP
HONDA
JOHN DEERE Aercore 800 Ae.ator
JOHN DEERE 25OOB RGI\4 GAS.
1TC250BGCHTo95564
JOHN DEERE 25OOB RGIU GAS.
1TC25OBGPHT1OO114
Selling Price
$ 29,700.00 x
$ 8,469.41 X
$ 4,'i27.50
$ 15,108.75
Extended
$ 5s,400.00
$ 8,469.41
$ 4,127.50
$ 15,108.75
$ 3,683.00
$ 27,007.53
$ 7,135.48
Qtv
2=
$ 3,683.00 X
x'1
x't
X1
x1
x1
x1
$ 27,007.53
$ 7,135.48
$ 23,571.29
$ 14,876.00
$ 18.127.00 X $ 18,127.00
$ 23,571.29
$ 14,876.00
$ 14,876,00$ 14,876.00 X
Sal.sp€Eon ; X Acc6pled By r X
JOHN DEERE 5055E Utility Tractor $ 24,273.85 x 1 = $ 24.273.8s *a k'a1 Aff
Confidential
Page 101 of 341
ffi) -ro** DEERE
JOHN OEERE 25008 Precisioncut
Riding Greens Mow€r - Gas -
1TC250BGPHT100114
25OOB Venical Cutting Units
JOHN DEERE TX 4X2 GAS GATOR
JOHN DEERE Procator m2OA
{Gas)
TORO 5800 300-c6l Sprayer -
Preowned - Lake Nona Return
JOHN DEERE GATORTM TS (Model
Yeat 2022)
Equipmed Total
s 14,239.00 X r
$ 3,899.00 X
$ 4,788.00 X
$ 29.889.88 X
$ 14,239.00
$ 3,899.00
$ 9,576.00
$ 29,889.88
$ 21,81B.00
$ 26,472.66
$ 326,s50.35
$ 21,818.00 X
$ a,824.22 X
'|
2
1
3=
Equipment Total
SubTotal
Est. Service Agreemont Tax
Total
Balance Oue
$ 326,550.35
$ 326,550.3s
$ 0.00
$ 326,550-35
$ 326,550.3s
Salesperson : X Accopted By : X
Confideotial
Page 102 of 341
Contract Number:
Contract Period:
Eligible Customers:All Sourcewell members in United States
Members Include:
States that have Adopted Sourcewell as their
term contract: Member #
Member list:https://sourcewell-mn.gov/contact/member_resources
Need to Join?https://sourcewell-mn.gov/
CONTRACT DETAILS
Contract Pricing
Trade-In
Sourcewell (NJPA) - Agricultural Equipment Contract
May 1, 2020 - April 30, 2024
Dealers can offer sourcewell members rental and demo equipment that has not been
retailed and comes with full warranty (less than 250 hrs) or pro-rated warranty if unit
has over 250 hours. The customer will receive the member discount and demo/lease
adjustment based on Rent for sale program rates less any service or clean up fees
dealer would have incurred.
Government
Education (K-12 and higher)
Non-profit agencies
and States that have adopted the contract (see below)
Specified discount off List Price/MSRP plus freight and setup & local delivery.
Allowed. Third party equipment and/or accessories must be listed on
individual line(s) below the contract items.
Allowed. The value is determined by the agency and the local dealer.
Contact your local dealer for payment options. New Holland accepts checks
and Electronic Fund Transfers (pre-arrangements required for EFT).
Third Party Items
Payment
Lease/Demo Units
Page 1 of 2
Page 103 of 341
Agricultural Equipment Product Series
Discount
off MSRP
List Price
Effective
Compact Tractors Compact Boomers 28%Current
Compact WORKMASTER™ 28%Current
Utility Tractors Utility WORKMASTER™ 25%Current
Powerstar - Light 30%Current
Powerstar - Medium 30%Current
Specialty Fruit Tractors 30%Current
Specialty Vineyard Tractors 30%Current
T5 Series 30%Current
Ag Tractors TS6 Series Tractors 27%Current
T6 Series Tractors 30%Current
T7 Series Tractors 32%Current
T8 Series Tractors 35%Current
T9 Series Tractors 30%Current
Telehandlers LM5.25, LM6.28, LM6.32, LM7.42 & LM9.35 25%Current
Loaders & Implements Compact Loaders 20%Current
TL Series Loaders 20%Current
LA Series Loaders 20%Current
Implements 20%Current
Hay & Mowing Equip Major Hay 25%Current
Supporting Hay 25%Current
Forage Equipment Self-Propelled 25%Current
Pull-Type 25%Current
Combines & Heads Combines 25%Current
Combine Heads 25%Current
Seeding Seeding 25%Current
Sprayers Sprayers 25%Current
Material Handling Material Handling 25%Current
Sourcewell (NJPA) - Agricultural Equipment Contract
Supporting Haytools - Disc Mowers, Haybine® Sickle Mower-Conditioners, Tedders, Rakes, SP Bale
Wagons,
Bale Throwers, Manure Spreaders, PT Forage Harvesters and Heads, Crop Choppers and Forage Blowers
Major Hay - Roll-Belt™ Round Balers, Combi Bale Wrapper, RF Series Fixed Chamber Round Balers,
Discbine® Disc Mower-Conditioners, Speedrower® Self-Propelled Windrowers, MegaCutter™ Mounted
Disc
PRICING
Effective 1-1-20
Page 2 of 2
Page 104 of 341
CITY OF CRESTVIEW Item # 6.6.
Staff Report
CITY COUNCIL MEETING DATE: December 13, 2021
TYPE OF AGENDA ITEM: Action Item
TO:Mayor and City Council
CC:City Manager, City Clerk, Staff and Attorney
FROM:Kyle Lusk
DATE:12/9/2021
SUBJECT:Well #8 Emergency Repair
BACKGROUND:
Well #8 is located on Whitehurst Lane. It pumps 240,000 GPD on average. At the beginning of December, it
went down and was out of service for nearly a week.
DISCUSSION:
Well #8 failed due to the central column coming apart and cracking. There was no way to repair the column
and removing the existing column damaged the pump.
Over 200' of pipe and a new turbine pump was purchased and installed by Donald Smith Company, Inc.
The cost of removing the damaged material was $13,955.00. The cost of the new pipe and pump was
$69,987.00. The cost to assemble, install, and test the new equipment was $15,145.00. This brought the total
repair cost to $99,087.00.
GOALS & OBJECTIVES
This item is consistent with the goals in A New View Strategic Plan 2020 as follows;
Foundational- these are the areas of focus that make up the necessary foundation of a successful local
government.
Organizational Capacity, Effectiveness & Efficiency- To efficiently & effectively provide the highest quality
of public services
Infrastructure- Satisfy current and future infrastructure needs
Quality of Life- these areas focus on the overall experience when provided by the city.
Safety- Ensure the continuous safety of citizens and visitors
Opportunity- Promote an environment that encourages economic and educational opportunity
Community Culture- Develop a specific identity for Crestview
FINANCIAL IMPACT
This was an unexpected failure of the well column; therefore, it was not in the 2021-2022 budget. However,
contingencies are available to fund the expenditure. The total cost will be reduced once the damaged pipe is
sold for scrap.
RECOMMENDED ACTION
Staff respectfully requests the approval of this emergency repair in the amount of $99,087.00 to insure the
efficient operation of Well #8.
Attachments
1.Donald Smith well 8 invoice
Page 105 of 341
CITY OF CRESTVIEW Item # 6.6.
Staff Report
CITY COUNCIL MEETING DATE: December 13, 2021
TYPE OF AGENDA ITEM: Action Item
TO:Mayor and City Council
CC:City Manager, City Clerk, Staff and Attorney
FROM:Kyle Lusk
DATE:12/9/2021
SUBJECT:Well #8 Emergency Repair
BACKGROUND:
Well #8 is located on Whitehurst Lane. It pumps 240,000 GPD on average. At the beginning of December, it
went down and was out of service for nearly a week.
DISCUSSION:
Well #8 failed due to the central column coming apart and cracking. There was no way to repair the column
and removing the existing column damaged the pump.
Over 200' of pipe and a new turbine pump was purchased and installed by Donald Smith Company, Inc.
The cost of removing the damaged material was $13,955.00. The cost of the new pipe and pump was
$69,987.00. The cost to assemble, install, and test the new equipment was $15,145.00. This brought the total
repair cost to $99,087.00.
GOALS & OBJECTIVES
This item is consistent with the goals in A New View Strategic Plan 2020 as follows;
Foundational- these are the areas of focus that make up the necessary foundation of a successful local
government.
Organizational Capacity, Effectiveness & Efficiency- To efficiently & effectively provide the highest quality
of public services
Infrastructure- Satisfy current and future infrastructure needs
Quality of Life- these areas focus on the overall experience when provided by the city.
Safety- Ensure the continuous safety of citizens and visitors
Opportunity- Promote an environment that encourages economic and educational opportunity
Community Culture- Develop a specific identity for Crestview
FINANCIAL IMPACT
This was an unexpected failure of the well column; therefore, it was not in the 2021-2022 budget. However,
contingencies are available to fund the expenditure. The total cost will be reduced once the damaged pipe is
sold for scrap.
RECOMMENDED ACTION
Staff respectfully requests the approval of this emergency repair in the amount of $99,087.00 to insure the
efficient operation of Well #8.
Attachments
1.Donald Smith well 8 invoice
Page 106 of 341
ORDINANCE:
Page 107 of 341
CITY OF CRESTVIEW Item # 6.6.
Staff Report
CITY COUNCIL MEETING DATE: December 13, 2021
TYPE OF AGENDA ITEM: Action Item
TO:Mayor and City Council
CC:City Manager, City Clerk, Staff and Attorney
FROM:Kyle Lusk
DATE:12/9/2021
SUBJECT:Well #8 Emergency Repair
BACKGROUND:
Well #8 is located on Whitehurst Lane. It pumps 240,000 GPD on average. At the beginning of December, it
went down and was out of service for nearly a week.
DISCUSSION:
Well #8 failed due to the central column coming apart and cracking. There was no way to repair the column
and removing the existing column damaged the pump.
Over 200' of pipe and a new turbine pump was purchased and installed by Donald Smith Company, Inc.
The cost of removing the damaged material was $13,955.00. The cost of the new pipe and pump was
$69,987.00. The cost to assemble, install, and test the new equipment was $15,145.00. This brought the total
repair cost to $99,087.00.
GOALS & OBJECTIVES
This item is consistent with the goals in A New View Strategic Plan 2020 as follows;
Foundational- these are the areas of focus that make up the necessary foundation of a successful local
government.
Organizational Capacity, Effectiveness & Efficiency- To efficiently & effectively provide the highest quality
of public services
Infrastructure- Satisfy current and future infrastructure needs
Quality of Life- these areas focus on the overall experience when provided by the city.
Safety- Ensure the continuous safety of citizens and visitors
Opportunity- Promote an environment that encourages economic and educational opportunity
Community Culture- Develop a specific identity for Crestview
FINANCIAL IMPACT
This was an unexpected failure of the well column; therefore, it was not in the 2021-2022 budget. However,
contingencies are available to fund the expenditure. The total cost will be reduced once the damaged pipe is
sold for scrap.
RECOMMENDED ACTION
Staff respectfully requests the approval of this emergency repair in the amount of $99,087.00 to insure the
efficient operation of Well #8.
Attachments
1.Donald Smith well 8 invoice
Page 108 of 341
RESOLUTION:
Page 109 of 341
Page 110 of 341
CITY OF CRESTVIEW Item # 7.1.
Staff Report
CITY COUNCIL MEETING DATE: December 13, 2021
TYPE OF AGENDA ITEM: 2nd Reading
TO:Mayor and City Council
CC:City Manager, City Clerk, Staff and Attorney
FROM:Dawn Barnes
DATE:12/8/2021
SUBJECT:Ordinance 1848 - Ferdon Boulevard South Rezoning
BACKGROUND:
On September 21, 2021, staff received an application to amend the zoning designation for property located on
Ferdon Boulevard South.
The subject property is currently located within the City of Crestview with a Future Land Use and Zoning
designation of Commercial (C) and Commercial High-Intensity District (C-2), respectively.
The application requests the Commercial Low-Intensity District (C-1) zoning designation for the property.
The Planning and Development Board recommended approval on November 1, 2021, and the first reading was
on November 8, 2021.
DISCUSSION:
The property description is as follows:
Property Owner:Securcare Moveit Mcallen LLC
Move It Fund I Crestview Land LLC
Parcel ID:
32-3N-23-0000-0050-002A
32-3N-23-0000-0050-0000
05-2N-23-0000-0003-0000
Site Size:11.07 acres
Current FLU:Commercial (C)
Current Zoning:Commercial High-Intensity District (C-2)
Current Land Use:Commercial & Vacant
The following table provides the surrounding land use designations, zoning districts, and existing uses.
Direction FLU Zoning Existing Use
North Commercial (C)Commercial Low-Intensity
District (C-1)Vacant
East Commercial (C)Commercial High-Intensity
District (C-2)Commercial
South Residential (R)Single-Family Medium-Density
Dwelling District (R-2)Residential
Page 111 of 341
West Conservation (E) and Okaloosa
County Low Density Residential
Conservation (E) and Okaloosa
County Residential-1 Vacant
The subject property is currently developed for commercial use or is vacant, and a development application has
not been submitted. Based on the requested land-use and zoning designations, the property could be developed
for commercial or multi-family use.
Staff reviewed the request for rezoning and finds the following:
-The proposed zoning is consistent with the proposed future land use designation.
-The uses within the requested zoning district are compatible with uses in the adjacent zoning districts.
-The requested use is not substantially more or less intense than allowable development on adjacent
parcels.
Courtesy notices were mailed to property owners within 300 feet of the subject property on October 11,
2021. The property was posted on October 19, 2021. An advertisement ran in the Crestview News Bulletin on
October 20, 2021.
GOALS & OBJECTIVES
This item is consistent with the goals in A New View Strategic Plan 2020 as follows.
Foundational – these are the four areas of focus that make up the necessary foundation of a successful local
government.
Financial Sustainability – Achieve long term financial sustainability.
Organizational Capacity, Effectiveness & Efficiency – To efficiently & effectively provide the highest
quality of public services.
Quality of Life – these six areas focus on the overall experience when provided by the city.
Community Character – Promote desirable growth with a hometown atmosphere.
Opportunity – Promote an environment that encourages economic and educational opportunity.
Community Culture – Develop a specific identity for Crestview.
FINANCIAL IMPACT
The fees for the rezoning request were $750.00. The cost of advertising was $206.18.
RECOMMENDED ACTION
Staff respectfully requests adoption of Ordinance 1848 on Second Reading.
Attachments
1.Exhibit Packet
Page 112 of 341
ORDINANCE: 1848
AN ORDINANCE OF THE CITY OF CRESTVIEW, FLORIDA,
PROVIDING FOR THE REZONING OF 11.07 ACRES, MORE OR LESS,
OF REAL PROPERTY, LOCATED IN SECTION 32, TOWNSHIP 3
NORTH, RANGE 23 WEST AND SECTION 5, TOWNSHIP 2 NORTH,
RANGE 23 WEST, FROM THE COMMERCIAL HIGH-INTENSITY
DISTRICT (C-2) ZONING DISTRICT TO THE COMMERCIAL LOW-
INTENSITY DISTRICT (C-1) ZONING DISTRICT; PROVIDING FOR
AUTHORITY; PROVIDING FOR THE UPDATING OF THE
CRESTVIEW ZONING MAP; PROVIDING FOR SEVERABILITY;
PROVIDING FOR SCRIVENER’S ERRORS; PROVIDING FOR
LIBERAL INTERPRETATION; PROVIDING FOR REPEAL OF
CONFLICTING CODES AND ORDINANCES; AND PROVIDING FOR
AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF CRESTVIEW, FLORIDA AS FOLLOWS:
SECTION 1 – AUTHORITY. The authority for enactment of this ordinance is Section 166.041, Florida Statutes
and Chapter 102, City Code.
SECTION 2 – PROPERTY REZONED. The following described 11.07 acres, more or less, of real property
lying within the corporate limits of Crestview, Florida, with 11.07 acres, more or less, being formerly zoned
Commercial High-Intensity District (C-2) with the Commercial (C) Future Land Use Map designation, is hereby
rezoned to Commercial Low-Intensity District (C-1) to wit:
PIN # 32-3N-23-0000-0050-002A
A PARCEL OF LAND IN THE SW 1/4 OF THE SW1/4 OF SECTION 32, TOWNSHIP 3
NORTH, RANGE 23 WEST, OKALOOSA COUNTY, FLORIDA AND BEING A PORTION
OF THAT PARCEL RECORDED IN OFFICIAL RECORD BOOK 1820 AT PAGE 930 OF THE
PUBLIC RECORDS OF OKALOOSA COUNTY, FLORIDA AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
FOR A POINT OF REFERENCE, COMMENCE AT THE SOUTHEAST CORNER OF THE
SW1/4 OF SECTION 32, TOWNSHIP 3 NORTH, RANGE 23 WEST, OKALOOSA COUNTY,
FLORIDA AND RUN N88°51’20”W, ALONG THE SOUTH LINE OF SAID SECTION,
1546.42 FEET, MORE OR LESS TO THE POINT OF BEGINNING OF THAT PARCEL
RECORDED IN OFFICIAL RECORD BOOK 1820 AT PAGE 930 OF THE PUBLIC RECORDS
OF OKALOOSA COUNTY, FLORIDA; THENCE N11°48’24”E, ALONG THE WESTERLY
LINE OF SAID PARCEL, 168.19 FEET TO THE SOUTHWEST CORNER OF THE NORTH
1/2 OF SAID PARCEL AND THE POINT OF BEGINNING; THENCE CONTINUE
N11°48’24”E, ALONG SAID WESTERLY LINE FOR A DISTANCE OF 168.19 FEET TO THE
NORTHWEST CORNER OF SAID PARCEL; THENCE S89°01’35”E ALONG THE NORTH
LINE OF SAID PARCEL A DISTANCE OF 218.97 FEET, THENCE S01°06’25”E A
DISTANCE OF 165.55 FEET TO THE SOUTH LINE OF THE NORTH 1/2 OF SAID PARCEL;
THENCE N88°57’06”W, ALONG SAID SOUTH LINE, FOR A DISTANCE OF 250.36 FEET
TO CLOSE ON THE POINT OF BEGINNING. SAID PARCEL CONTAINING 0.89 ACRES,
MORE OR LESS.
PIN # 32-3N-23-0000-0050-0000 & 05-2N-23-0000-0003-0000
Page 113 of 341
PARCEL A:
COMMENCING AT THE HALF SECTION CORNER ON THE NORTH LINE OF SECTION
5, TOWNSHIP 2 NORTH, RANGE 23 WEST, OKALOOSA COUNTY, FLORIDA, RUN WEST
ALONG THE NORTH SECTION LINE, 617 FEET, MORE OR LESS, TO THE WEST RIGHT
OF WAY LINE OF STATE ROAD 85 AND THE POINT OF BEGINNING; THENCE SOUTH
04 DEGREES 00 MINUTES 21 SECONDS WEST ALONG SAID RIGHT OF WAY LINE,
235.00 FEET; THENCE NORTH 89 DEGREES 41 MINUTES 27 SECONDS WEST, 700 FEET;
THENCE SOUTH 04 DEGREES 01 MINUTE 19 SECONDS WEST, 797.53 FEET; THENCE
NORTH 89 DEGREES 25 MINUTES 53 SECONDS WEST, 280.19 FEET; THENCE NORTH
04 DEGREES 02 MINUTES 21 SECONDS EAST, 1034.37 FEET TO SAID NORTH LINE OF
SECTION 5; THENCE SOUTH 89 DEGREES 30 MINUTES 36 SECONDS EAST ALONG
SAID NORTH LINE, 979.70 FEET TO THE POINT OF BEGINNING.
LESS AND EXCEPT THE FOLLOWING TWO (2) PARCELS:
PARCEL 1:
COMMENCE AT THE HALF-SECTION CORNER ON THE NORTH LINE OF SECTION 5,
TOWNSHIP 2 NORTH, RANGE 23 WEST, OKALOOSA COUNTY, FLORIDA, RUN WEST
ALONG THE NORTH SECTION LINE, 617.0 FEET, MORE OR LESS TO THE WEST RIGHT
OF WAY LINE OF STATE ROAD 85; THENCE SOUTH 04 DEGREES 00 MINUTES 21
SECONDS WEST ALONG SAID RIGHT OF WAY LINE, 130 FEET TO THE POINT OF
BEGINNING; THENCE CONTINUE ALONG SAID RIGHT OF WAY LINE SOUTH 04
DEGREES 00 MINUTES 21 SECONDS WEST 305.0 FEET; THENCE NORTH 89 DEGREES
41 MINUTES 27 SECONDS WEST, 700 FEET; THENCE NORTH 04 DEGREES 01 MINUTES
19 SECONDS EAST, 305.01 FEET; THENCE SOUTH 89 DEGREES 41 MINUTES 27
SECONDS EAST, 699.91 FEET TO THE POINT OF BEGINNING.
PARCEL 2:
COMMENCE AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF
SECTION 5, TOWNSHIP 2 NORTH, RANGE 23 WEST, OKALOOSA COUNTY, FLORIDA;
THENCE PROCEED NORTH 89 DEGREES 36 MINUTES 04 SECONDS WEST, A
DISTANCE OF 561.66 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY LINE OF
STATE HIGHWAY #85, (170.0 FOOT RIGHT OF WAY) AND THE POINT OF BEGINNING;
THENCE DEPARTING THE NORTH LINE OF SAID SECTION 5, PROCEED SOUTH 04
DEGREES 00 MINUTES 21 SECONDS WEST, ALONG SAID WESTERLY RIGHT OF WAY
LINE, A DISTANCE OF 130.0 FEET; THENCE DEPARTING THE WESTERLY RIGHT OF
WAY LINE OF SAID STATE HIGHWAY #85, PROCEED NORTH 89 DEGREES 41
MINUTES 27 SECONDS WEST, A DISTANCE OF 400.08 FEET; THENCE PROCEED
NORTH 04 DEGREES 00 MINUTES 21 SECONDS EAST, A DISTANCE OF 130.62 FEET TO
A POINT ON THE NORTH LINE OF SAID SECTION 5; THENCE PROCEED SOUTH 89
DEGREES 36 MINUTES 04 SECONDS EAST, ALONG THE NORTH LINE OF SAID
SECTION 5, A DISTANCE OF 400.04 FEET TO THE POINT OF BEGINNING.
PARCEL B:
COMMENCING AT THE HALF SECTION CORNER ON THE NORTH LINE OF SECTION
5, TOWNSHIP 2 NORTH, RANGE 23 WEST, OKALOOSA COUNTY, FLORIDA, RUN WEST
ALONG THE NORTH SECTION LINE, 617 FEET, MORE OR LESS, TO THE WEST RIGHT
OF WAY LINE OF STATE ROAD 85 AND THE POINT OF BEGINNING; THENCE NORTH
04 DEGREES 00 MINUTES 21 SECONDS EAST, 167.19 FEET; THENCE NORTH 89
DEGREES 37 MINUTES 50 SECONDS WEST, 961.70 FEET; THENCE SOUTH 10 DEGREES
11 MINUTES 17 SECONDS WEST, 167.41 FEET; THENCE SOUTH 89 DEGREES 30
Page 114 of 341
MINUTES 36 SECONDS EAST, 979.70 FEET TO THE POINT OF BEGINNING, LYING IN
SECTION 32, TOWNSHIP 3 NORTH, RANGE 23 WEST, OKALOOSA COUNTY, FLORIDA.
LESS AND EXCEPT THE FOLLOWING TWO (2) PARCELS:
PARCEL 1:
COMMENCING AT THE HALF SECTION CORNER LINE OF THE NORTH LINE OF
SECTION 5, TOWNSHIP 2 NORTH, RANGE 23 WEST, OKALOOSA COUNTY, FLORIDA,
RUN WEST ALONG NORTH SECTION LINE, 617 FEET, MORE OR LESS, TO THE WEST
RIGHT OF WAY LINE OF STATE ROAD 85 AND THE POINT OF BEGINNING; THENCE
NORTH 04 DEGREES 00 MINUTES 21 SECONDS EAST, 150.00 FEET ALONG SAID RIGHT
OF WAY LINE; THENCE DEPARTING RIGHT OF WAY PROCEED NORTH 89 DEGREES
37 MINUTES 45 SECONDS WEST, 700.00 FEET; THENCE SOUTH 4 DEGREES 00
MINUTES 21 SECONDS WEST, 150.00 FEET; THENCE SOUTH 89 DEGREES 37 MINUTES
45 SECONDS EAST, 700.00 FEET TO THE POINT OF BEGINNING, LYING IN SECTION
32, TOWNSHIP 3 NORTH, RANGE 23 WEST, OKALOOSA COUNTY, FLORIDA.
PARCEL 2:
COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST 1/4 OF SECTION
5, TOWNSHIP 3 NORTH, RANGE 23 WEST, OKALOOSA COUNTY, FLORIDA, RUN
NORTH 89°37’45” WEST ALONG THE NORTH SECTION LINE, 562.00 FEET TO THE
WESTERLY RIGHT OF WAY LINE OF STATE ROAD 85; THENCE RUN NORTH 04°04’11”
EAST ALONG SAID RIGHT OF WAY LINE, 150.0 FEET TO THE POINT OF BEGINNING;
THENCE CONTINUE NORTH 04°01’11” EAST ALONG SAID RIGHT OF WAY,
17.19 FEET; THENCE RUN NORTH 89°37’45” WEST, 700,0 FEET; THENCE RUN SOUTH
03°59”09” WEST,17.19 FEET; THENCE SOUTH 89°37’45” EAST, 700.0 FEET TO THE
POINT OF BEGINNING, LYING IN SECTION 32, TOWNSHIP 3 NORTH, RANGE 23 WEST,
OKALOOSA COUNTY, FLORIDA.
SECTION 3 – MAP UPDATE. The Crestview Zoning Map, current edition, is hereby amended to reflect
the above changes concurrent with passage of this ordinance, which is attached hereto.
SECTION 4 – SEVERABILITY. If any word, phrase, sentence, paragraph or provision of this ordinance or the
application thereof to any person or circumstance is held invalid or unconstitutional, such finding shall not affect
the other provisions or applications of this ordinance which can be given effect without the invalid or
unconstitutional provision or application, and to this end the provisions of this ordinance are declared severable.
SECTION 5 – SCRIVENER’S ERRORS. The correction of typographical errors which do not affect the intent
of this Ordinance may be authorized by the City Manager or the City Manager’s designee, without public hearing,
by filing a corrected or re-codified copy with the City Clerk.
SECTION 6 – ORDINANCE TO BE LIBERALLY CONSTRUED. This Ordinance shall be liberally
construed in order to effectively carry out the purposes hereof which are deemed not to adversely affect public
health, safety, or welfare.
SECTION 7 – REPEAL OF CONFLICTING CODES, ORDINANCES, AND RESOLUTIONS. All
Charter provisions, codes, ordinances and resolutions or parts of charter provisions, codes, ordinances and
resolutions or portions thereof of the City of Crestview, in conflict with the provisions of this Ordinance are
hereby repealed to the extent of such conflict.
SECTION 8 – EFFECTIVE DATE. This ordinance shall take effect immediately upon its adoption.
PASSED AND ADOPTED ON SECOND READING BY THE CITY COUNCIL OF CRESTVIEW,
FLORIDA ON THE __________________ DAY OF ____________________, 2021.
Page 115 of 341
ATTEST:
_____________________________________
Maryanne Schrader, City Clerk
APPROVED BY ME THIS _______________________DAY OF _________________________, 2021.
______________________________________
J. B. Whitten
Mayor
Page 116 of 341
Page 117 of 341
S FERDON BLVD
P J ADAMS PKWY
HWY 85 N
S FERDON BLVD
Vicinity Map
¯
PREPARED BY CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 STATE PLANE , NORTH ZONEU.S. SURVEY FEET
Not to Scale
Subject Parcel
Page 118 of 341
S FERDON BLVD
RAY AVE
SOUTHVIEW DR
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CLAIRE DR
S FERDON BLVD
Existing Use¯
PREPARED BY CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 STATE PLANE , NORTH ZONEU.S. SURVEY FEET
0 400200
FeetLegend
Subject Parcel
City Limits
Existing Use
ChurchesConservationFinancialManufactured HomeMunicipalNightclubNo AG AcreOffice BuildingProfessionPrivate SchoolRes CommonRights-of-wayService ShopSingle FamilyStoresSupermarketVacantVacant CommercialVacant/CommercialVehicle SaleWarehouseWasteland
Page 119 of 341
S FERDON BLVD
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SOUTHVIEW DR
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EASTVIEW DR
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S FERDON BLVD
CurrentZoning¯
PREPARED BY CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 STATE PLANE , NORTH ZONEU.S. SURVEY FEET
0 400200
Feet
Legend
Subject Parcel
City Limits
City Zoning
Single Family Low Density District (R-1)Single Family Medium Density District(R-2)Single and Multi-Family DwellingDistrict (R-3)Mixed Use (MU)Commercial (C-1)Commercial (C-2)Industrial (IN)Public Lands (P)Conservation (E)
County Zoning
Residential - 1 (R-1)Mixed Use (MU)
Page 120 of 341
S FERDON BLVD
RAY AVE
SOUTHVIEW DR
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EASTVIEW DR
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CLAIRE DR
S FERDON BLVD
ProposedZoning¯
PREPARED BY CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 STATE PLANE , NORTH ZONEU.S. SURVEY FEET
0 400200
Feet
Legend
Subject Parcel
City Limits
City Zoning
Single Family Low Density District (R-1)Single Family Medium Density District (R-2)Single and Multi-Family Dwelling District(R-3)Mixed Use (MU)Commercial (C-1)Commercial (C-2)Industrial (IN)Public Lands (P)Conservation (E)
County Zoning
Residential - 1 (R-1)Mixed Use (MU)
Page 121 of 341
CITY OF CRESTVIEW Item # 8.1.
Staff Report
PLANNING AND DEVELOPMENT
BOARD MEETING DATE: December 13, 2021
TYPE OF AGENDA ITEM: Ordinance
TO:Planning and Development Board
CC:City Manager and City Attorney
FROM:Community Development Services
DATE:12/9/2021
SUBJECT:Ordinance 1849 Property Rights Element of the Comprehensive Plan
BACKGROUND:
On June 28, 2021, House Bill 59 was signed, modifying Chapter 163.3177, Florida Statutes, to require local
government comprehensive plans to contain a Property Rights Element.
DISCUSSION:
Pursuant to the requirements of 163.3177, this amendment will add a Property Rights Element as Chapter 18 of
our Comprehensive Plan. The new element contains the rights that shall be considered in local decision
making, as required by, and spelled out in F.S. 163.3177(i).
The state Department of Economic Opportunity will not review any comprehensive plan amendment packages
(including future land use map amendments accompanying annexations larger than 10 acres) without this
element being included in the comprehensive plan, or amendment package.
GOALS & OBJECTIVES
This item is consistent with the goals in A New View Strategic Plan 2020 as follows;
Quality of Life- these areas focus on the overall experience when provided by the city.
Community Character- Promote desirable growth with a hometown atmosphere
FINANCIAL IMPACT
This item will have no impact on the city budget.
RECOMMENDED ACTION
Staff respectfully requests approval of this item and to send it to the City Council for first reading.
Attachments
1.Attachment 1
Page 122 of 341
ORDINANCE: 1849
AN ORDINANCE PROVIDING FOR A COMPREHENSIVE PLAN
AMENDMENT; PROVIDING FOR AUTHORITY; PROVIDING FOR
FILING WITH THE CLERK OF CIRCUIT COURT OF OKALOOSA
COUNTY, THE CHIEF ADMINISTRATIVE OFFICER OF OKALOOSA
COUNTY AND THE FLORIDA DEPARTMENT OF STATE;
PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER’S
ERRORS; PROVIDING FOR LIBERAL INTERPRETATION;
PROVIDING FOR REPEAL OF CONFLICTING CODES AND
ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE
BE IT ORDAINED BY THE CITY COUNCIL OF CRESTVIEW, FLORIDA AS FOLLOWS:
SECTION 1 – COMPREHENSIVE PLAN AMENDMENT. This ordinance hereby amends the City of
Crestview Comprehensive Plan with the addition of Chapter 18 – Property Rights Element, as attached to this
ordinance (Attachment 1).
SECTION 2 – AUTHORITY. The authority for enactment of this ordinance is Chapter 171, Florida Statutes,
and Section 2 of the City Charter.
SECTION 3 – FILING. Upon passage, the City Clerk is directed to file a copy of this ordinance with the
Clerk of Circuit Court of Okaloosa County and with the Florida Department of the State.
SECTION 4 - SEVERABILITY. If any word, phrase, sentence, paragraph or provision of this ordinance or
the application thereof to any person or circumstance is held invalid or unconstitutional, such finding shall not
affect the other provisions or application of this ordinance which can be given effect without the invalid or
unconstitutional provision or application, and to this end the provisions of this ordinance are declared
severable.
SECTION 5 - SCIVENER'S ERRORS. The correction of typographical errors which do not affect the intent
of this Ordinance may be authorized by the City Manager or the City Manager's designee, without public
hearing, by filing a corrected or re-codified copy with the City Clerk.
SECTION 6 - ORDINANCE TO BE LIBERALLY CONSTRUED. This ordinance shall be liberally
construed in order to effectively carry out the purposes hereof which are deemed not to adversely affect public
health, safety, or welfare.
SECTION 7 – REPEALER. All Ordinances or parts of Ordinances herewith be and the same are hereby
repealed.
SECTION 8 - EFFECTIVE DATE. This ordinance shall take effect immediately upon its adoption.
PASSED AND ADOPTED ON SECOND READING BY THE CITY COUNCIL OF CRESTVIEW,
FLORIDA ON THE __________ DAY OF ________________, 2021.
Page 123 of 341
ATTEST:
_______________________________________________
MARYANNE SCHRADER
City Clerk
APPROVED BY ME THIS ___________ DAY OF __________________, 2021.
_______________________________________________
JB WHITTEN
Mayor
Page 124 of 341
Page 18-1
CHAPTER 18
PROPERTY RIGHTS ELEMENT
Section 18.01 Purpose: The purpose of this element is to implement requirements of House Bill
59, signed by the Governor on June 28, 2021. This bill modified Chapter 163.3177, Florida
Statutes (F.S.), to require local government comprehensive plans to contain a Property Rights
Element. The purpose of this Element, per Chapter 163.3177(i), is to identify property rights that
shall be considered in local decision-making.
Section 18.02 Assessment and Conclusions: As stated in Section 18.01, this Element meets the
statutory requirements of Chapter 163.3177, F.S.
Section 18.03 Goals, Objectives and Policies: The Goals, Objectives and Policies of this
Element are as follows:
GOAL 18.A - The City of Crestview will respect judicially acknowledged and constitutionally
protected private property rights.
Objective 18.A.1 - The City shall consider property rights during local decision-making processes.
Policy 18.A.1.1 – The following rights shall be considered in local decision-making:
(1) The right of a property owner to physically possess and control his or her interests
in the property, including easements, leases, or mineral rights.
(2) The right of a property owner to use, maintain, develop, and improve his or her
property for personal use or for the use of any other person, subject to state law and
local ordinances.
(3) The right of the property owner to privacy and to exclude others from the property
to protect the owner’s possessions and property.
(4) The right of a property owner to dispose of his or her property through sale or gift.
Page 125 of 341
CITY OF CRESTVIEW Item # 9.1.
Staff Report
CITY COUNCIL MEETING DATE: December 13, 2021
TYPE OF AGENDA ITEM: Resolution
TO:Mayor and City Council
CC:City Manager, City Clerk, Staff and Attorney
FROM:Gina Toussaint, Finance Director
DATE:12/9/2021
SUBJECT:Issuance of Capital Improvement Revenue Bonds Series 2021
BACKGROUND:
At the September 13, 2021 meeting, City Council approved Resolution No. 2021-25. The purpose of the
resolution was to establish the City's intent to reimburse certain capital expenditures incurred with proceeds of
a future financing.
In June, 2021, the Council approved engaging the services of MW Financial Advisory Services, LLC to
provide financial consulting services. MW Financial Advisory Services, LLC (MWFAS) is a registered
municipal advisor with the Securities and Exchange Commission and the Municipal Securities Rulemaking
Board.
DISCUSSION:
On November 2, 2021, Request for Proposals (RFP) were distributed to approximately sixty (60) Financial
Institutions. The RFP's were due back to MWFAS by November 22, 2021 at 11:00 am CST. Three (3)
institutions submitted a proposal. (A summary of which has been provided)
Upon review of the proposals, The Committee (consisting of the City Manager, Finance Director and the
MWFAS representative) summarized the following:
Interest rates ranged from 2.72% to 3.25%
All proposals offered a 15 year term, with one also offering a 20.5 year term
Legal Fees ranged from $0.00 - $7,500
Proposals had similar levels of restrictions on loan prepayments.
Due to a term length of 20.5 years and a competitive interest rate of 3.07%, the committee recommends
Sterling National Bank.
The total loan proceeds will be $2,575,000 with $2,500,000 to reimburse the city for expenditures related to
Blackwater Golf Club and $75,000 to pay cost of issuance.
GOALS & OBJECTIVES
This item is consistent with the goals in A New View Strategic Plan 2020 as follows;
Foundational- these are the areas of focus that make up the necessary foundation of a successful local
government.
Financial Sustainability- Achieve long term financial sustainability
Page 126 of 341
Organizational Capacity, Effectiveness & Efficiency- To efficiently & effectively provide the highest quality
of public services
Infrastructure- Satisfy current and future infrastructure needs
Communication- To engage, inform and educate public and staff
Quality of Life- these areas focus on the overall experience when provided by the city.
Community Character- Promote desirable growth with a hometown atmosphere
Safety- Ensure the continuous safety of citizens and visitors
Mobility- Provide safe, efficient and accessible means for mobility
Opportunity- Promote an environment that encourages economic and educational opportunity
Play- Expand recreational and entertainment activities within the City
Community Culture- Develop a specific identity for Crestview
FINANCIAL IMPACT
The principal portion of debt service payments will commence on June 1, 2023. The interest portion will be
paid semi-annually on June 1st and December 1st, commencing on June 1, 2022. Total annual debt service
payments will be approximately $175,000 to be paid from non-Ad Valorem revenues of the City.
RECOMMENDED ACTION
Staff respectfully requests City Council approval in seeking the adoption of Resolution No. 2022-5 authorizing
the issuance of a $2,575,000 Capital Improvement Revenue Bond Series to reimburse the City for expenditures
related to improvements to Blackwater Golf Club and to pay related fees.
Attachments
1.Summary of Crestview Bank Proposals Capital Improvement 2021
2.Resolution 2021 - Taxable Capital Improvement Revenue Bonds
Page 127 of 341
RESOLUTION: 2022- 5
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CRESTVIEW, FLORIDA AUTHORIZING THE ISSUANCE OF A
$2,575,000 TAXABLE CAPITAL IMPROVEMENT REVENUE BOND,
SERIES 2022 TO FINANCE THE ACQUISITION, CONSTRUCTION
AND EQUIPPING OF VARIOUS CAPITAL IMPROVEMENTS AS
MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING THAT
THE BOND SHALL BE A LIMITED OBLIGATION OF THE CITY
PAYABLE FROM A COVENANT TO BUDGET, APPROPRIATE AND
DEPOSIT NON-AD VALOREM REVENUES BUDGETED,
APPROPRIATED AND DEPOSITED AS PROVIDED HEREIN;
PROVIDING FOR THE RIGHTS, SECURITIES AND REMEDIES FOR
THE OWNER OF THE BOND; MAKING CERTAIN COVENANTS AND
AGREEMENTS IN CONNECTION THEREWITH; AND PROVIDING
AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CRESTVIEW, FLORIDA:
SECTION 1: Authority for this Resolution. This resolution is adopted pursuant to the Florida Constitution,
Chapter 166, Florida Statutes, the City Charter, and other applicable provisions of law (collectively, the “Act”).
SECTION 2: Definitions. The following words and phrases shall have the following meanings when used
herein:
"Act" shall have the meaning ascribed thereto in Section 1 hereof.
"Bond" shall mean the Bond of the Issuer authorized by Section 4 hereof.
"Bond Counsel" shall mean Bryant Miller Olive P.A., or any other attorney at law or firm of attorneys of
nationally recognized standing in matters pertaining to the exclusion from gross income for federal income tax
purposes of interest on obligations issued by states and political subdivisions, and duly admitted to practice law
before the highest court of any state of the United States of America.
"Business Day" shall mean any day except any Saturday or Sunday or day on which the Principal Office of the
Owner is lawfully closed.
"City Attorney" shall mean the City Attorney or any deputy or assistant City Attorney of the Issuer, or such
other person as may be duly authorized by the Issuer to act on his or her behalf.
"City Manager" shall mean the City Manager or any deputy or assistant, or such other person as may be duly
authorized by the Issuer to act on his or her behalf.
"Code" shall mean the Internal Revenue Code of 1986, as amended, and any Treasury Regulations, whether
temporary, proposed or final, promulgated thereunder or applicable thereto.
”Debt Service Fund" shall mean the Debt Service Fund established with respect to the Bond pursuant to
Section 9 hereof.
"Finance Director" shall mean the Finance Director or such other person as may be duly authorized by the
Issuer to act on his or her behalf.
"General Fund" means the "General Fund" of the Issuer as described and identified in the Comprehensive
Annual Financial Report of the Issuer.
"Interest Payment Date" shall mean each June 1 and December 1.
"Issuer" shall mean the City of Crestview, Florida, a political subdivision of the State of Florida.
”Mayor" shall mean the Mayor of the Issuer, or in his or her absence, the Vice Mayor of the Issuer, or
such other person as may be duly authorized by the Issuer to act on his or her behalf.
"Non-Ad Valorem Revenues" means all legally available non-ad valorem revenues of the Issuer; provided,
however that Non-Ad Valorem Revenues shall (a) be received by the Issuer from sources other than the levy of
ad valorem taxes upon property, and (b) not be restricted by law so as to be unable to be applied to pay the debt
Page 128 of 341
service on the Bond and other Issuer debt secured by Non-Ad Valorem Revenues, and to make the other
payments, if any, required under the Bond or hereunder.
"Original Lender" shall mean Sterling National Bank.
"Owner" or "Owners" shall mean the Person or Persons in whose name or names the Bond shall be registered
on the books of the Issuer kept for that purpose in accordance with provisions of this Resolution.
"Person" shall mean natural persons, firms, trusts, estates, associations, corporations, partnerships and public
bodies.
"Pledged Revenues" shall mean the Non-Ad Valorem Revenues budgeted, appropriated and deposited as
provided herein and amounts on deposit from time to time in the Debt Service Fund and the Project Fund.
"Principal Office" shall mean, with respect to the Original Lender, the office located at 500 Seventh Avenue,
3rd Floor, New York, NY 10018, Attention: Public Sector Finance, or such other office as the Original Lender
may designate to the Issuer in writing.
"Principal Payment Date" shall mean each June 1.
"Project" shall mean the acquisition, construction and equipping of capital improvements to the
Blackwater Golf Club.
"Project Fund" shall mean the Project Fund established with respect to the Bond pursuant to Section 10
hereof.
"Resolution" shall mean this Resolution, pursuant to which the Bond is authorized to be issued, including any
supplemental resolutions hereto.
"State" shall mean the State of Florida.
SECTION 3: Findings.
(A) For the benefit of its inhabitants, the Issuer finds, determines and declares that it is necessary for the
continued preservation of the health, welfare, convenience and safety of the Issuer and its inhabitants to finance
the costs of the Project. Issuance of the Bond to finance the costs of the Project satisfies a paramount public
purpose.
(B) Debt service on the Bond will be secured by the Issuer's covenant to budget and appropriate Non-Ad
Valorem Revenues and by a pledge of the Pledged Revenues as provided herein. The Pledged Revenues will
be sufficient to pay the principal and interest on the Bond herein authorized, as the same become due, and to
make all deposits required by this Resolution.
(C) Debt service on the Bond and all other payments hereunder shall be payable solely from moneys
deposited in the manner and to the extent provided herein. The Issuer shall never be required to levy ad
valorem taxes or use the proceeds thereof to pay debt service on the Bond or to make any other payments to be
made hereunder or to maintain or continue any of the activities of the Issuer which generate user service
charges, regulatory fees or any other Non-Ad Valorem Revenues. The Bond shall not constitute a lien on any
property owned by or situated within the limits of the Issuer, except the Pledged Revenues.
(D) It is estimated that Non-Ad Valorem Revenues will be available, after satisfying funding requirements
for obligations having an express lien on or pledge thereof and after satisfying funding requirements for
essential governmental services of the Issuer, in amounts sufficient to provide for the payment of the principal
of and interest on the Bond and all other payment obligations hereunder.
(F) The Issuer has received an offer from the Original Lender to acquire the Bond.
SECTION 4: Authorization of Bond. Subject and pursuant to the provisions of this Resolution, an obligation
of the Issuer to be known as City of Crestview, Florida Taxable Capital Improvement Revenue Bond, Series
2022 is hereby authorized to be issued under and secured by this Resolution, in the principal amount of not to
exceed $2,575,000 for the purpose of providing funds to finance the costs of the Project and pay the costs of
issuing the Bond. Because of the characteristics of the Bond, including prevailing market conditions and the
Page 129 of 341
taxable nature of the Bond and the Project, it is in the best interest of the Issuer to accept the offer of the
Original Lender to acquire the Bond at a private negotiated sale. Prior to the issuance of the Bond, the Issuer
shall receive from the Original Lender a Lender's Certificate, the form of which is attached hereto as Exhibit B
and the Disclosure Letter containing the information required by Section 218.385, Florida Statutes, a form of
which is attached hereto as Exhibit C.
In consideration of the extension of credit to the Issuer by the Original Lender by paying a purchase price and
acceptance of the Bond authorized to be issued hereunder by those who shall be the Owner thereof from time to
time, this Resolution shall constitute a contract between the Issuer and the Original Lender and any subsequent
Owner.
SECTION 5: Description of the Bond. The Original Lender is making a loan to the Issuer that is evidenced by
the Bond. The Bond shall be dated the date of its execution and delivery, which shall be a date agreed upon by
the Issuer and the Original Lender, and shall have such other terms and provisions, including an interest
rate, principal and interest payment terms, maturity date and redemption provisions as stated herein and/or in
the form of the Bond attached hereto as Exhibit A. The Bond is to be in substantially the form set forth on
Exhibit A attached hereto, together with such non-material changes as shall be approved by the Mayor, such
approval to be conclusively evidenced by the execution thereof by the Mayor. The Bond shall be executed on
behalf of the Issuer with the manual signature of the Mayor and shall be attested and countersigned with the
manual signature of the City Manager. In case any one or more of the officers who shall have signed or sealed
the Bond shall cease to be such officer of the Issuer before the Bond so signed and sealed has been actually sold
and delivered, the Bond may nevertheless be sold and delivered as herein provided and may be issued as if the
person who signed or sealed the Bond had not ceased to hold such office. The Bond may be signed and sealed
on behalf of the Issuer by such person who at the actual time of the execution of the Bond shall hold the proper
office of the Issuer, although, at the date of the execution of the Bond, such person may not have held such
office or may not have been so authorized.
SECTION 6: Registration and Exchange of Bond; Persons Treated as Owners. The Bond is initially registered
to the Original Lender. So long as the Bond shall remain unpaid, the Issuer will keep books for the registration
and transfer of the Bond. The Person in whose name the Bond shall be registered shall be deemed and regarded
as the absolute Owner thereof for all purposes, and payment of principal and interest on the Bond shall be made
only to or upon the written order of the Owner. All such payments shall be valid and effectual to satisfy and
discharge the liability upon the Bond to the extent of the sum or sums so paid.
The transfer of the Bond may be registered only upon the books kept for the registration thereof by the Finance
Director who shall serve as registrar for the Bond and registration of transfer thereof upon surrender thereof to
the Issuer together with an assignment duly executed by the Owner or its attorney or legal representative in the
form of the assignment set forth on the form of the Bond; provided, however, that the Bond may be transferred
only in whole and not in part and only to (i) an affiliate of the Owner, or (ii) banks, insurance companies or
other financial institutions and their affiliates, that executes and delivers to the Issuer a certificate substantially
in the form attached hereto as Exhibit B. Nothing herein shall limit the right of the Owner or its assignees to
sell or assign participation interests in the Bond to one or more entities listed in (i) or (ii) of this paragraph. In
the case of any such registration of transfer, the Issuer shall execute and deliver in exchange for the applicable
Bond a new Bond registered in the name of the transferee. In all cases in which the Bond shall be transferred
hereunder, the Issuer shall execute and deliver at the earliest practicable time a new Bond in accordance with
the provisions of this Resolution. The Issuer may make a charge for every such registration of transfer of the
Bond sufficient to reimburse it for any tax or other governmental charges required to be paid (other than a tax
or other governmental charge imposed by the Issuer) with respect to such registration of transfer, but no other
charge shall be made for registering the transfer. The Bond shall be issued in fully registered form and shall be
payable in any coin or currency of the United States.
The registration of transfer of the Bond on the registration books of the Issuer shall be deemed to affect a
transfer of the rights and obligations of the Owner under this Resolution to the transferee.
Page 130 of 341
SECTION 7: Payment of Principal and Interest; Limited Obligation.
The Issuer promises that it will promptly pay the principal of and interest on the Bond at the place, on the dates
and in the manner provided therein according to the true intent and meaning hereof and thereof. The Bond is
secured by a pledge of and lien upon the Pledged Revenues in the manner of and to the extent described
herein. The Bond shall not be or constitute a general obligation or indebtedness of the Issuer as a "bond" within
the meaning of Article VII, Section 12 of the Constitution of Florida, but shall be payable solely from the
Pledged Revenues in accordance with the terms hereof. No Owner of the Bond issued hereunder shall ever
have the right to compel the exercise of any ad valorem taxing power or taxation of any real or personal
property thereon or the use or application of ad valorem tax revenues to pay the Bond, or be entitled to payment
of the Bond from any funds of the Issuer except from the Pledged Revenues as described herein.
SECTION 8: Covenant to Budget and Appropriate. (A) Subject to the next paragraph, the Issuer covenants
and agrees and has a positive and affirmative duty to appropriate in its annual budget, by amendment, if
necessary, from Non-Ad Valorem Revenues, and to deposit into the Debt Service Fund hereinafter created,
amounts sufficient to pay principal of and interest on the Bond not being paid from other amounts as the same
shall become due. Such covenant and agreement on the part of the Issuer to budget, appropriate and deposit
such amounts of Non-Ad Valorem Revenues shall be cumulative to the extent not paid, and shall continue until
such Non-Ad Valorem Revenues or other legally available funds in amounts sufficient to make all such
required payments shall have been budgeted, appropriated, deposited and actually paid. No lien upon or pledge
of such budgeted Non-Ad Valorem Revenues shall be in effect until such monies are budgeted, appropriated
and deposited as provided herein. The Issuer further acknowledges and agrees that the obligations of the
Issuer to include the amount of such appropriations in each of its annual budgets and to pay such amounts from
Non-Ad Valorem Revenues may be enforced in a court of competent jurisdiction in accordance with the
remedies set forth herein.
Until such monies are budgeted, appropriated and deposited as provided herein, such covenant to budget and
appropriate does not create any lien upon or pledge of such Non-Ad Valorem Revenues, nor does it preclude
the Issuer from pledging in the future its Non-Ad Valorem Revenues, nor does it require the Issuer to levy and
collect any particular Non-Ad Valorem Revenues, nor does it give the Owner of the Bond a prior claim on the
Non-Ad Valorem Revenues as opposed to claims of general creditors of the Issuer. Such covenant to budget
and appropriate Non-Ad Valorem Revenues is subject in all respects to the prior payment of obligations
secured by a lien on and pledge of such Non-Ad Valorem Revenues heretofore or hereafter entered into
(including the payment of debt service on bonds and other debt instruments). Anything in this Resolution to
the contrary notwithstanding, it is understood and agreed that all obligations of the Issuer hereunder and under
the Bond shall be payable from the portion of Non-Ad Valorem Revenues budgeted, appropriated and
deposited as provided for herein and nothing herein shall be deemed to pledge ad valorem tax power or ad
valorem taxing revenues or to permit or constitute a mortgage or lien upon any assets owned by the Issuer and
no Owner of the Bond nor any other person, may compel the levy of ad valorem taxes on real or personal
property within the boundaries of the Issuer or the use or application of ad valorem tax revenues in order to
satisfy any payment obligations hereunder or to maintain or continue any of the activities of the Issuer which
generate user service charges, regulatory fees, or any other Non-Ad Valorem Revenues. The obligation of the
Issuer to budget, appropriate, deposit and make payments hereunder and under the Bond from its Non-Ad
Valorem Revenues is subject to the availability of Non-Ad Valorem Revenues after the satisfaction of the
funding requirements for obligations having an express lien on or pledge of such revenues and the funding
requirements for essential governmental services of the Issuer. Notwithstanding any provisions of this
Resolution or the Bond to the contrary, the Issuer shall never be obligated to maintain or continue any of the
activities of the Issuer which generate user service charges, regulatory fees or any Non-Ad Valorem
Revenues.
The covenant to budget and appropriate for the purposes and in the manner stated herein shall have the effect of
Page 131 of 341
making available for the payment of the Bond, in the manner and to the extent described herein, Non-Ad
Valorem Revenues, and placing on the Issuer a positive duty to appropriate and budget, by amendment, if
necessary, and deposit into the Debt Service Fund, amounts sufficient to meet its obligations hereunder. Until
such monies are budgeted, appropriated and deposited as provided herein, neither this Resolution nor the
obligations of the Issuer hereunder shall be construed as a pledge of or a lien on all or any legally available
Non-Ad Valorem Revenues of the Issuer, but shall be payable solely as provided herein and is subject to the
payment of services and programs which are for essential public purposes affecting the health, welfare and
safety of the inhabitants of the Issuer and is further subject to the provisions of Section 166.241, Florida
Statutes insofar as there are not sufficient Non-Ad Valorem Revenues in the General Fund to comply with such
covenant after the satisfaction of the funding requirements for obligations having an express lien on or pledge
of such revenues and the funding requirements for essential governmental services of the Issuer.
SECTION 9: Debt Service Fund.
(A) There is hereby created and established the "City of Crestview, Florida Taxable Capital Improvement
Revenue Bond, Series 2022 Debt Service Fund," which fund shall be a trust fund held by the Issuer, which
shall be held solely for the benefit of the Owner of the Bond. The Debt Service Fund shall be deemed to be
held in trust for the purposes provided herein for such Debt Service Fund. The money in such Debt Service
Fund shall be continuously secured in the same manner as state and municipal deposits are authorized to be
secured by the laws of the State of Florida. The designation and establishment of the Debt Service Fund in and
by this Resolution shall not be construed to require the establishment of a completely independent, self-
balancing fund as such term is commonly defined and used in governmental accounting, but rather is intended
solely to constitute an earmarking of certain revenues and assets of the Issuer for certain purposes and to
establish certain priorities for application of such revenues and assets as herein provided. The Issuer may at
any time and from time to time appoint one or more depositaries to hold, for the benefit of the Owner of the
Bond, the Debt Service Fund established hereby. Such depository or depositaries shall perform at the direction
of the Issuer the duties of the Issuer in depositing, transferring and disbursing moneys to and from such Debt
Service Fund as herein set forth, and all records of such depository in performing such duties shall be open at
all reasonable times to inspection by the Issuer and its agent and employees. Any such depository shall be a
bank or trust company duly authorized to exercise corporate trust powers and subject to examination by federal
or state authority, of good standing, and having a combined capital, surplus and undivided profits aggregating
not less than fifty million dollars ($50,000,000).
(B) Until applied in accordance with this Resolution, any amounts on deposit in the Debt Service Fund from
time to time in the funds and accounts established herein, plus any earnings thereon, shall be pledged to the
repayment of the Bond.
SECTION 10. Application of Proceeds of Bond. Proceeds from the sale of the Bond shall be used by the
Issuer to pay the costs of the Project and pay the associated costs of issuance (including but not limited to legal
and financial advisory fees and expenses). The Issuer shall pay all costs and expenses in connection with the
preparation and issuance of the Bond.
The Issuer hereby covenants that it will establish with a depository in the State of Florida, which is a member
of the Federal Deposit Insurance Corporation and which is eligible under the laws of the State of Florida to
receive municipal funds, one fund to be known as the "City of Crestview, Florida Taxable Capital Improvement
Revenue Bond, Series 2022 Project Fund" (the "Project Fund").
Proceeds from the Bond herein authorized shall be deposited into the Project Fund and shall be used as
described above. When reimbursement of the costs of the Project has been completed and all transactions costs
have been paid in full, all funds remaining in the Project Fund, if any, shall be used to prepay all or a portion of
the Bond. Any such prepayment shall not be subject to any prepayment premium as further provided in the
form of the Bond attached hereto as Exhibit A. All moneys deposited in said Project Fund shall be and
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constitute a trust fund created for the purposes stated, and there is hereby created a lien upon such fund in favor
of the Owner of the Bond until the moneys thereof shall have been applied in accordance with this
Resolution. The money in such Fund shall be continuously secured until such time as the Bond is paid in full in
the same manner as state and municipal deposits are authorized to be secured by the laws of the State of
Florida.
The funds and accounts created and established by this Resolution shall constitute trust funds for the purpose
provided herein for such funds. All of such funds, except as hereinafter provided, shall be continuously secured
in the same manner as municipal deposits of funds are required to be secured by the laws of the State of
Florida. Moneys on deposit to the credit of all funds and account created hereunder may be invested pursuant
to applicable law and the Issuer's investment policy and shall mature not later than the dates on which such
moneys shall be needed to make payments in the manner herein provided. The securities so purchased as an
investment of funds shall be deemed at all times to be a part of the account from which the said investment was
withdrawn, and the interest accruing thereon and any profit realized therefrom shall be credited to such fund or
account, except as expressly provided in this Resolution, and any loss resulting from such investment shall
likewise be charged to said fund or account.
SECTION 11: Amendment. This Resolution shall not be modified or amended in any respect subsequent to
the issuance of the Bond except with the written consent of all of the Owner of the Bond.
SECTION 12: Limitation of Rights. With the exception of any rights herein expressly conferred, nothing
expressed or mentioned in or to be implied from this Resolution or the Bond is intended or shall be construed to
give to any Person other than the Issuer and the Owner any legal or equitable right, remedy or claim under or
with respect to this Resolution or any covenants, conditions and provisions herein contained; this Resolution
and all of the covenants, conditions and provisions hereof being intended to be and being for the sole and
exclusive benefit of the Issuer and the Owners.
SECTION 13: Bond Mutilated, Destroyed, Stolen or Lost. In case the Bond shall become mutilated, or be
destroyed, stolen or lost, the Issuer shall issue and deliver a new Bond of like tenor as the Bond so mutilated,
destroyed, stolen or lost, in exchange and in substitution for the mutilated Bond, or in lieu of and in substitution
for the Bond destroyed, stolen or lost and upon the Owner furnishing the Issuer proof of ownership thereof and
indemnity reasonably satisfactory to the Issuer and complying with such other reasonable regulations and
conditions as the Issuer may prescribe and paying such expenses as the Issuer may incur. The Bond so
surrendered shall be canceled.
SECTION 14: Impairment of Contract. The Issuer covenants with the Owner of the Bond that it will not,
without the written consent of the Owner of the Bond, enact any ordinance or adopt any resolution which
repeals, impairs or amends in any manner adverse to the Owner the rights granted to the Owner of the Bond
hereunder.
SECTION 15: Financial Information. At no cost to the Owner, the Issuer shall provide the Owner of
the Bond with its budget for each fiscal year, within 30 days of its adoption, annual financial statements for
each fiscal year of the Issuer when available and in no event later than 270 days following the close of such
fiscal year, prepared in accordance with applicable law and generally accepted accounting principles and
audited by an independent certified public accountant and accompanied by an audit opinion of such accountant
without qualification, and such other information as the Owner may reasonably request. Notwithstanding
anything herein to the contrary, failure to provide such annual financial statements by such date shall not
constitute an event of default pursuant to clause (ii) of Section 18 hereof. All accounting terms not specifically
defined or specified herein shall have the meanings attributed to such terms under generally accepted
accounting principles as in effect from time to time, consistently applied. Such financial information and other
information may be in electronic form.
Page 133 of 341
While the Bond remains outstanding, the Issuer agrees that (i) any and all financial records of the Issuer not
made confidential by statute shall be open to inspection by the Owner or its representatives at all reasonable
times at the office of the Issuer, (ii) the Issuer shall maintain such liability, casualty, and other insurance as is
reasonable and prudent for a similarly situated city and shall upon request of the Owner provide evidence of
such coverage to the Owner, (iii) the Issuer is in compliance and shall comply with all applicable federal, state,
and local laws and regulatory requirements, (iv) books and records of the Issuer shall be kept in which
complete and correct entries shall be made in accordance with generally accepted accounting principles, and (v)
the Issuer will take all reasonable legal action within its control in order to maintain its existence as a
municipality of the State, and will not voluntarily dissolve.
SECTION 16: Events of Default; Remedies of Owner of the Bond. The following shall each constitute an
Event of Default: (i) if the Issuer fails to pay any payment of principal of or interest on the Bond as the same
becomes due and payable, whether by maturity or otherwise; (ii) if the Issuer defaults in the performance or
observance of any covenant or agreement contained in this Resolution or the Bond (other than set forth in (i)
above) and fails to cure the same within thirty (30) days; (iii) any representation or warranty made in writing by
or on behalf of the Issuer in this Resolution or the Bond shall prove to have been false or incorrect in any
material respect on the date made or reaffirmed; or (iv) filing of a petition by or against the Issuer relating to
bankruptcy, reorganization, arrangement or readjustment of debt of the Issuer or for any other relief relating to
the Issuer under the United States Bankruptcy Code, as amended, or any other insolvency act or law now or
hereafter existing, or the involuntary appointment of a receiver or trustee for the Issuer, and the continuance of
any such event for 90 days undismissed or undischarged.
Upon the occurrence and during the continuation of any Event of Default, the Owners of the Bond may, in
addition to any other remedies set forth in this Resolution or the Bond, either at law or in equity, by suit, action,
mandamus or other proceeding in any court of competent jurisdiction, protect and enforce any and all rights
under the laws of the State, or granted or contained in this Resolution, and may enforce and compel the
performance of all duties required by this Resolution, or by any applicable statutes to be performed by the
Issuer or by any officer thereof. In case of an Event of Default, the Issuer shall also be obligated to pay as part
of the indebtedness evidenced by the Bond, all costs of collection and enforcement thereof, including such
reasonable attorneys' fees as may be incurred by the Owner, including on appeal or incurred in any proceeding
under any bankruptcy laws as they now or hereafter exist.
SECTION 17: Anti-Dilution Test. As a condition precedent to the issuance of any debt or the incurrence of any
other obligations which are secured by and/or payable from Non-Ad Valorem Revenues, the Issuer agrees to
certify that it is in compliance with the following: The annual Non-Ad Valorem Revenues received by the City
less essential government expenditures for the prior audited fiscal year for which audited financial statements
are available equals at least 1.20 times the existing and projected maximum annual debt service on existing
obligations and the proposed obligations payable from or secured by Non-Ad Valorem Revenues calculated as
provided in Exhibit D attached hereto. Debt service on an obligation, the secondary source of payment for
which is a covenant to budget and appropriate from Non-Ad Valorem Revenues need only be included in the
calculation if the City has used or reasonably expects to apply Non-Ad Valorem Revenues to the payment of
debt service, directly or indirectly, on such obligations and only to the extent that amounts other than Non-Ad
Valorem Revenues available and pledged to pay such obligations during the prior fiscal year for which audited
financial statements are available were less than the maximum annual debt service for such obligations for the
then current or any subsequent fiscal year.
For the purposes of these covenants, "maximum annual debt service" means the lesser of the actual maximum
annual debt service on all such debt and other obligations, or 15% of the original par amount of such debt and
other obligations, in each case, secured by and/or payable solely from the Issuer’s Non-Ad Valorem Revenues.
As used above, the term "maximum annual debt service" shall only include debt service that the Issuer
reasonably expects to apply Non-Ad Valorem Revenues to actually pay; provided however, notwithstanding the
foregoing, maximum annual debt service shall include the debt service on any debt which has pledged any of
Page 134 of 341
the Issuer’s Non-Ad Valorem Revenues or is secured solely by a covenant to budget and appropriate Non-Ad
Valorem Revenues. For the purpose of calculating maximum annual debt service on any indebtedness which
bears interest at a variable rate, such indebtedness shall be deemed to bear interest at the greater of (i) 7% per
annum or (ii) the actual interest rate borne by the variable rate debt for the month immediately preceding such
calculation.
SECTION 18: Business Days. In any case where the due date of interest on or principal of the Bond is not a
Business Day, then payment of such principal or interest need not be made on such date but may be made on
the next succeeding Business Day, provided that credit for payments made shall not be given until the payment
is actually received by the Owner.
SECTION 19. General Authority. The members of the City Council of the Issuer, the City Manager, the
Finance Director, the City Attorney and all other of the Issuer's officers, attorneys and other agents and
employees are hereby authorized to perform all acts and things required of them by this Resolution or any
supplemental resolution hereto or desirable or consistent with the requirements hereof for the full, punctual and
complete performance of all of the terms, covenants and agreements contained in the Bond and this Resolution,
and they are hereby authorized to execute and deliver all documents which shall be required by Bond Counsel
or the Original Lender to effectuate the purchase of the Bond by the Original Lender.
SECTION 20. No Third Party Beneficiaries. Except such other Persons as may be expressly described herein
or in the Bond, nothing in this Resolution, expressed or implied, is intended or shall be construed to confer
upon any Person, other than the Issuer and the Owners, any right, remedy or claim, legal or equitable, under
and by reason of this Resolution or any provision hereof or thereof, or of the Bond, all provisions hereof and
thereof being intended to be and being for the sole and exclusive benefit of the Issuer and the Persons who shall
from time to time be the Owners.
SECTION 21. No Personal Liability. Neither the members of the City Council of the Issuer, the City
Manager, the Finance Director, the City Attorney, all other of the Issuer's officers, attorneys and other agents
and employees, nor any person executing the Bond shall be personally liable therefor or be subject to any
personal liability or accountability by reason of the issuance thereof.
SECTION 22: Patriot Act. The Lender hereby notifies the Issuer that, pursuant to the requirements of the
Patriot Act, it is required to obtain, verify and record information that identifies the Issuer, which information
includes the name and address of the Issuer and other information that will allow the Lender to identify the
Issuer in accordance with the Patriot Act. The Issuer represents and warrants to the Lender that neither it nor
any of its principals, shareholders, members, partners, or Affiliates, as applicable, is a Person named as a
Specially Designated National and Blocked Person (as defined in Presidential Executive Order 13224) and that
it is not acting, directly or indirectly, for or on behalf of any such person. The Issuer further represents and
warrants to the Lender that the Issuer and its principals, shareholders, members, partners, or Affiliates, as
applicable, are not directly or indirectly, engaged in, nor facilitating, the transactions contemplated by this
transaction on behalf of any Person named as a Specially Designated National and Blocked Person.
SECTION 23. Waiver of Jury Trial. To the extent permitted by applicable law, each of the Issuer and the
Lender irrevocably and voluntarily waives any right it may have to a trial by jury with respect to any
controversy or claim between the Issuer and the Lender, whether arising in contract or tort or by statute,
including but not limited to any controversy or claim that arises out of or relates to this Resolution, the Bond or
any other document related to the issuance thereof. This provision is a material inducement for the Lender's
determination to acquire the Bond and for the parties to enter into the documents related thereto.
SECTION 24. Governing Law. The provisions of this Resolution shall be governed by the laws of the State of
Florida.
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SECTION 25: Role of Lender. The parties hereto acknowledge and agree that the Lender and its
representatives are not registered municipal advisors and do not provide advice to municipal entities or
obligated persons with respect to municipal financial products or the issuance of municipal securities (including
regarding the with respect to municipal financial products or the issuance of municipal securities (including
regarding the structure, timing, terms and similar matters concerning municipal financial products or municipal
securities issuances) or engage in the solicitation of municipal entities or obligated persons for the provision by
non-affiliated persons of municipal advisory services and/or investment advisory services. With respect to the
Bond, this Resolution and any other information, materials or communications provided by the Lender: (a) the
Lender and its representatives are not recommending an action to any municipal entity or obligated person; (b)
the Lender and its representatives are not acting as an advisor to any municipal entity or obligated person and
do not owe a fiduciary duty pursuant to Section 15B of the Securities Exchange Act of 1934 to any municipal
entity or obligated person with respect to this Term Sheet, information, materials or communications; (c) the
Lender and its representatives are acting for their own interests; and (d) the Issuer has been informed that the
Issuer should discuss the terms of the Bond, this Resolution and any such other information, materials or
communications with any and all internal and external advisors and experts that the Issuer deems appropriate
before the issuance of the Bond or the execution and delivery of this Resolution or any such other information,
materials or communications.
SECTION 26: Privately Negotiated Loan. The Issuer acknowledges and agrees that the Lender is acquiring
the Bond in evidence of a privately negotiated loan and in that connection the Bond shall not be (i) assigned a
separate rating by any municipal securities rating agency, (ii) registered with The Depository Trust Company or
any other securities depository, (iii) issued pursuant to any type of offering document or official statement or
(iv) assigned a CUSIP number by Standard & Poor's CUSIP Service.
SECTION 27. Severability of Invalid Provisions. If any one or more of the covenants, agreements or
provisions of this Resolution shall be held contrary to any express provision of law or contrary to the policy of
express law, though not expressly prohibited, or against public policy, or shall for any reason whatsoever be
held invalid, then such covenants, agreements or provisions shall be null and void and shall be deemed
separable from the remaining covenants, agreements and provisions of this Resolution and shall in no way
affect the validity of any of the other covenants, agreements or provisions hereof or of the Bond issued
hereunder.
SECTION 28. Repeal of Inconsistent Resolutions. All resolutions or parts thereof in conflict herewith are
hereby superseded and repealed to the extent of such conflict.
SECTION 29. Effective Date. This Resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED THIS 13th day of December, 2021.
(SEAL) CITY COUNCIL
ATTEST: By:
______________________________
J.B. Whitten, Mayor
_____________________________
Maryanne Schrader, City Clerk
EXHIBIT A
FORM OF BOND
Page 136 of 341
Issue Date: January 7, 2022 $2,575,000
CITY OF CRESTVIEW, FLORIDA
TAXABLE CAPITAL IMPROVEMENT REVENUE BOND, SERIES 2022
Maturity Date: June 1, 2042
Interest Rate: 3.07%
KNOW ALL MEN BY THESE PRESENTS that City of Crestview, Florida (the "Issuer"), a political
subdivision created and existing pursuant to the Constitution and the laws of the State of Florida, for value
received, promises to pay from the sources hereinafter provided, to the order of Sterling National Bank, or
registered assigns (hereinafter, the "Owner"), the principal amount of $2,575,000 on the dates and in the
amounts as hereinafter described, together with interest at an interest rate of 3.07% (the "Interest
Rate"). Interest shall be calculated on a 30/360 day basis. This Bond shall have a final maturity date of June
1, 2042 (the “Maturity Date”).
Principal of and interest on this Bond is payable in lawful money of the United States of America at such place
as the Owner may designate to the Issuer in writing.
The Issuer promises to pay the Owner interest on principal amount outstanding hereunder from the date of this
Bond at the Interest Rate described above, but in no event shall it exceed the maximum interest rate permitted
by applicable law. Such interest shall be paid semi-annually on each June 1 and December 1, commencing
June 1, 2022 (each, an “Interest Payment Date”).
Principal on this Bond shall be payable in annual installments on the following dates in the following
amounts:
Dates Amounts
06/01/23 $ 95,000
06/01/24 100,000
06/01/25 100,000
06/01/26 105,000
06/01/27 105,000
06/01/28 110,000
06/01/29 115,000
06/01/30 115,000
06/01/31 120,000
06/01/33 125,000
06/01/33 130,000
06/01/34 135,000
06/01/35 135,000
06/01/36 140,000
06/01/37 145,000
06/01/38 150,000
06/01/39 155,000
06/01/40 160,000
06/01/41 165,000
06/01/42*170,000
_______________
* Final Maturity.
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A final payment in the amount of the entire unpaid principal balance, together with all accrued and unpaid
interest hereon, shall be due and payable in full on the Maturity Date.
If any date for the payment of principal and interest hereon shall fall on a day which is not a Business Day (as
defined in the Resolution hereinafter defined) the payment due on such date shall be due on the next succeeding
day which is a Business Day, but the Issuer shall not receive credit for the payment until it is actually received
by the Owner.
All payments by the Issuer pursuant to this Bond shall apply first to accrued interest, then to other charges due
the Owner, and the balance thereof shall apply to principal.
Principal of and interest on this Bond is payable in lawful money of the United States of America at such place
as the Owner may designate to the Issuer in writing. No presentment or delivery shall be required for
prepayment, interest or principal installment payments on the Bond.
THIS BOND DOES NOT CONSTITUTE A GENERAL INDEBTEDNESS OF THE ISSUER WITHIN THE
MEANING OF ANY CONSTITUTIONAL, STATUTORY OR CHARTER PROVISION OR LIMITATION,
AND IT IS EXPRESSLY AGREED BY THE OWNER OF THIS BOND THAT SUCH OWNER SHALL
NEVER HAVE THE RIGHT TO REQUIRE OR COMPEL THE EXERCISE OF THE AD VALOREM
TAXING POWER OF THE ISSUER OR TAXATION OF ANY REAL OR PERSONAL PROPERTY
THEREIN OR USE OR APPLICATION OF AD VALOREM TAX REVENUES OF THE ISSUER FOR THE
PAYMENT OF THE PRINCIPAL OF AND INTEREST ON THIS BOND OR THE MAKING OF ANY
OTHER PAYMENTS PROVIDED FOR IN THE RESOLUTION.
The principal of this Bond may be prepaid in whole or in part at the option of the Issuer on December 1, 2026
and any Interest Payment Date thereafter, at the price of par plus accrued but unpaid interest and the following
prepayment premiums:
Dates Prepayment Premium
December 1, 2026 through and including June 1, 2029 101%
December 1, 2029 and thereafter None
Any partial prepayment shall (i) occur on an Interest Payment Date, (ii) occur no more than once during any
consecutive 12-month period, (iii) be in a principal amount of not less than $250,000, and (iv) be applied to the
then remaining principal repayment schedule in inverse order of installments coming due.
No less than thirty (30) days prior to the date of prepayment selected by the Issuer, the Issuer shall provide
written notice of such prepayment to the Owner of the Bond which notice may be conditional.
This Bond is issued pursuant to the Florida Constitution, Chapter 166, Florida Statutes, the City Charter, and
other applicable provisions of law, and a resolution duly adopted by the Issuer on December 13, 2021, as from
time to time amended and supplemented (herein referred to as the "Resolution"), and is subject to all the terms
and conditions of the Resolution. All terms, conditions and provisions of the Resolution including without
limitation remedies in the Event of Default are by this reference thereto incorporated herein as a part of this
Bond. Debt service on this Bond is secured by a covenant to budget, appropriate and deposit Non-Ad Valorem
Revenues, as provided in the Resolution. Terms used herein in capitalized form and not otherwise defined
herein shall have the meanings ascribed thereto in the Resolution.
The transfer of the Bond may be registered only upon the books kept for the registration thereof by the Finance
Director of the Issuer who shall serve as registrar for the Bond and registration of transfer thereof upon
Page 138 of 341
surrender thereof to the Issuer together with an assignment duly executed by the Owner or its attorney or legal
representative in the form of the assignment set forth on the form of the Bond; provided, however, that the
Bond may be transferred only in whole and not in part and only to (i) an affiliate of the Owner or (ii) banks,
insurance companies or other financial institutions and their affiliates, that executes and delivers to the Issuer a
certificate substantially in the form attached to the Resolution as Exhibit B. Nothing herein shall limit the right
of the Owner or its assignees to sell or assign participation interests in the Bond to one or more entities listed in
(i) or (ii) of this paragraph. In the case of any such registration of transfer, the Issuer shall execute and deliver
in exchange for the applicable Bond a new Bond registered in the name of the transferee. In all cases in which
the Bond shall be transferred hereunder, the Issuer shall execute and deliver at the earliest practicable time a
new Bond in accordance with the provisions of the Resolution. The Issuer may make a charge for every such
registration of transfer of the Bond sufficient to reimburse it for any tax or other governmental charges required
to be paid (other than a tax or other governmental charge imposed by the Issuer) with respect to such
registration of transfer, but no other charge shall be made for registering the transfer. The Bond shall be issued
in fully registered form and shall be payable in any coin or currency of the United States.
It is hereby certified, recited and declared that all acts, conditions and prerequisites required to exist, happen
and be performed precedent to and in connection with the execution, delivery and the issuance of this Bond do
exist, have happened and have been performed in due time, form and manner as required by law, and that the
issuance of this Bond is in full compliance with and does not exceed or violate any constitutional or statutory
limitation.
IN WITNESS WHEREOF, the City of Crestview, Florida, has issued this bond and has caused the same to be
executed by its Mayor, and countersigned and attested by its City Clerk, and its corporate seal to be impressed,
imprinted or otherwise reproduced hereon, all as of the Issue Date written above.
CITY OF CRESTVIEW, FLORIDA
(SEAL)
By:
J. B. Whitten, Mayor
ATTESTED AND COUNTERSIGNED:
Maryanne Schrader, City Clerk
EXHIBIT B
FORM OF LENDER'S CERTIFICATE
This is to certify that Sterling National Bank (the "Lender") has not required City of Crestview, Florida (the
"Issuer") to deliver any offering document and has conducted its own investigation, to the extent it deems
satisfactory or sufficient, into matters relating to business affairs or conditions (either financial or otherwise) of
the Issuer in connection with the issuance of the $2,575,000 City of Crestview, Florida, Taxable Capital
Improvement Revenue Bond, Series 2022 (the "Bond"), and no inference should be drawn that the Lender, in
the acceptance of the Bond, is relying on Bond Counsel or Issuer's Counsel as to any such matters other than
the legal opinion rendered by Bond Counsel, Bryant Miller Olive P.A. and by Issuer's Counsel, Jonathon
Holloway, P.A. Any capitalized undefined terms used herein not otherwise defined shall have the meaning set
forth in a resolution adopted by the City Council of the Issuer on December 13, 2021 (the "Resolution").
Page 139 of 341
We are aware that purchase of the Bond involves various risks, and that the payment of the Bond is
secured solely from the sources described in the Resolution (the "Bond Security").
We have made such independent investigation of the Bond Security as we, in the exercise of sound
business judgment, consider to be appropriate under the circumstances. In making our loan decision, we have
relied upon the accuracy of information which has been provided to us by the Issuer and the Issuer's Financial
Advisor.
We have knowledge and experience in financial and business matters and are capable of evaluating the
merits and risks of our purchase of the Bond and can bear the economic risk of our purchase of the Bond.
We understand that the Bond is issued in a single denomination equal to the principal amount due under the
Bond and may not be transferred except as provided in the Bond.
We acknowledge and understand that the Issuer has determined that the Resolution is not required to be
qualified under the Trust Indenture Act of 1939, as amended, and that the Bond is not required to be registered
in reliance upon the exemption from registration under Section 3(a)(2) of the Securities Act of 1933, Section
517.051(1), Florida Statutes, and/or Section 517.061(7), Florida Statutes, and that the Issuer has further
determined that neither the Issuer, Bond Counsel nor Issuer's Counsel shall have any obligation to effect any
such registration or qualification.
We are making a loan that is evidenced by the Bond. The loan may only be transferred in whole to a bank,
trust company, savings institution or insurance company that is engaged as a regular part of its business in
making loans authorized to do business in the State of Florida, as described in the last sentence of this
paragraph. We are making the loan for our own account, do not currently intend to syndicate the loan, will take
no action to cause the loan to be characterized as a security, and will not treat the loan as a municipal security
for purposes of the securities law. We understand that there will be no CUSIPs obtained with respect to the
loan or evidencing the loan and that there will be no credit rating obtained on the loan. We are not acting as a
broker or other intermediary, and are purchasing the Bond as an investment for our own account and not with a
present view to a resale or other distribution to the public, other than to our affiliate, Sterling National Funding
Corp., a New York corporation and wholly-owned subsidiary of the Lender (“SNFC”), whereby we will sell to
SNFC a 100% participation interest in the Bond at par.
We are an “accredited investor” as such term is defined in the Securities Act of 1933, as amended, and
Regulation D thereunder and a bank as contemplated by Section 517.061(7), Florida Statutes. We are not
purchasing the Bond for direct or indirect promotion of any scheme or enterprise with the intent of violating or
evading any provision of Chapter 517, Florida Statutes.
Neither the Lender nor any of its affiliates has acted or shall act as a fiduciary for the Issuer or in the capacity
of broker, dealer, municipal securities underwriter or municipal advisor with respect to the proposed issuance
of the Bond. Neither the Lender nor any of its affiliates has provided, and will not provide, financial, legal, tax,
accounting or other advice to or on behalf of the Issuer with respect to the proposed issuance of the Bond. The
Issuer has represented to the Lender that it has sought and obtained financial, legal, tax, accounting and other
advice (including as it relates to structure, timing, terms and similar matters) with respect to the proposed
issuance of the Bond from its financial, legal and other advisors (and not the Lender or any of its affiliates) to
the extent that the Issuer desired to obtain such advice.
DATED this 7th day of January, 2022.
STERLING NATIONAL BANK
By:
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Name: Kevin C. King
Title: Senior Managing Director
EXHIBIT C
FORM OF DISCLOSURE LETTER
The undersigned, as lender, proposes to negotiate an extension of credit to the City of Crestview, Florida (the
"Issuer") for the private purchase of its City of Crestview, Florida Taxable Capital Improvement Revenue
Bond, Series 2022 (the "Bond") in the principal amount of $2,575,000. Prior to the award of the Bond, the
following information is hereby furnished to the Issuer:
1. Set forth is an itemized list of the nature and estimated amounts of expenses to be incurred for services
rendered to us (the "Lender") in connection with the issuance of the Bond (such fees and expenses to be paid by
the Issuer):
None.
2. (a) No other fee, bonus or other compensation is estimated to be paid by the Lender in connection
with the issuance of the Bond to any person not regularly employed or retained by the Lender (including any
"finder" as defined in Section 218.386(1)(a), Florida Statutes), except as specifically enumerated as expenses to
be incurred by the Lender, as set forth in paragraph (1) above.
(b) No person has entered into an understanding with the Lender, or to the knowledge of the Lender, with
the Issuer, for any paid or promised compensation or valuable consideration, directly or indirectly, expressly or
implied, to act solely as an intermediary between the Issuer and the Lender or to exercise or attempt to exercise
any influence to effect any transaction in the purchase of the Bond.
3. The amount of the underwriting spread expected to be realized by the Lender is $0.
4. The management fee to be charged by the Lender is $0.
5. Truth-in-Bonding Statement:
The Bond is being issued primarily to finance the acquisition, construction and equipping of various capital
improvements of the Issuer.
Unless earlier redeemed, the Bond is expected to be repaid on June 1, 2042. At an interest rate of 3.07%, total
interest paid over the life of the Bond is estimated to be $941,722.50.
The Bond will be payable solely from Non-Ad Valorem Revenues of the Issuer budgeted, appropriated and
deposited as described in a resolution of the Issuer adopted on December 13, 2021 (the "Resolution"). See the
Resolution for a definition of Non-Ad Valorem Revenues. Based on information provided to the Lender by
MW Financial Advisory Services LLC, issuance of the Bond is estimated to result in an annual maximum of
approximately $176,598.50 of revenues of the Issuer not being available to finance the other services of the
Issuer during the life of the Bond.
6. The name and address of the Lender is as follows:
Page 141 of 341
Sterling National Bank
500 Seventh Avenue, 3rd Floor
New York, NY 10018
Attention: Public Sector Finance
This letter is for informational purposes only and shall not affect or control the actual terms and
conditions of the Bond.
IN WITNESS WHEREOF, the undersigned has executed this Disclosure Statement on behalf of the Lender this
7th day of January, 2022.
STERLING NATIONAL BANK
By:
Name: Kevin C. King
Title: Senior Managing Director
EXHIBIT D
Form of Coverage Certificate
Revenues FY
Total Governmental Fund Revenues $
Less: Ad Valorem Revenues
Less: Restricted Funds
Total Net Non-Ad Valorem Revenue Available $ -
Expenditures
Essential Expenditures
General Government
Public Safety
Total Essential and Legally Mandated Expenditures $ -
Less: Essential expenditures paid from ad valorem revenues net of ad valorem debt
service or otherwise designated
Total Adjusted Expenditures $ -
Legally Available Non-Ad Valorem Revenues $
Less: Essential Expenditures to be paid from Non-Ad Valorem $
Net Legally Available Non-Ad Valorem Available for Debt Service $
Existing and Projected Maximum Annual Debt Service $
Page 142 of 341
Coverage Ratio*
_______________
*Pursuant to Section 17 of Resolution No. __, this Certificate is delivered when the Issuer proposes to issue
other obligations which are secured by and/or payable from Non-Ad Valorem Revenues. There is no annual
requirement.
Page 143 of 341
City of Crestview, Florida
Capital Improvement Revenue Bond, Series 202 1 (Taxable)
Bank Loan RFP Summary
Proposals received November 22, 2021
BB&T/TRUIST Sterling National Bank Synovus
Proposal
Requirements
Contact Information
Andrew G. Smith
Senior Vice President
5130 Parkway Plaza Blvd
Charlotte, NC 28217
Office: (803) 251-1328
Mark A. Cargo
Managing Director
9667 Ravenscroft LN
NW Concord, NC 28027
704-287-4493
Email: mcargo@snb.com
Andy LaFear
Government Banking Solutions –
Relationship Manager
7768 Ozark Drive, Suite 100
Jacksonville, Florida 32256
(904) 997-7646 (Office)
(904) 347-7068 (Cell)C
Taxable
Fixed
Interest Rate
3.26% 2.72% 3.07% 3.25%
Final Maturity 15 years -2037 15.5 years
2037
20.5 years- 2042 15 years - 2037
Rate Locked to
Closing, or Date to
be set
Rates are valid until
1/2/2022
The Interest Rates quoted above
are valid through the Anticipated
Closing Date December 17th. Bank
must be notified by November
25th.
Rates are valid until December 17,
2021
Call Provisions
Prepayable in whole at any
time with a one percent
prepayment penalty. As an
alternate redemption
provision, the Borrower
may elect for the
transaction to be
noncallable for the first
half of the term and
callable at par thereafter.
Year: Percentage:
1-5 No Call
6-8 101%
Thereafter 100%
The Bond can be prepaid at a
premium of 102 percent any time
prior to the third
anniversary of the closing date and
at par thereafter
Legal/Other Fees $7,500 $0 $7,500
Amount Not to exceed $2,575,000 Not to exceed $2,575,000 Not to exceed $2,575,000
Other Conditions 1.20x Additional Bonds Test
The “Bonds” proceeds shall be
funded into an escrow account
(the “Escrow Fund”), with
disbursements made as needed.
The Escrow shall be set up with
Sterling National Bank and will be
collateralized as required by the
State of Florida.
See proposal for additional
conditions
Page 144 of 341
1
RESOLUTION NO. 2022-5
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CRESTVIEW, FLORIDA AUTHORIZING THE ISSUANCE OF A
$2,575,000 TAXABLE CAPITAL IMPROVEMENT REVENUE
BOND, SERIES 2022 TO FINANCE THE ACQUISITION,
CONSTRUCTION AND EQUIPPING OF VARIOUS CAPITAL
IMPROVEMENTS AS MORE PARTICULARLY DESCRIBED
HEREIN; PROVIDING THAT THE BOND SHALL BE A
LIMITED OBLIGATION OF THE CITY PAYABLE FROM A
COVENANT TO BUDGET, APPROPRIATE AND DEPOSIT
NON-AD VALOREM REVENUES BUDGETED, APPROPRIATED
AND DEPOSITED AS PROVIDED HEREIN; PROVIDING FOR
THE RIGHTS, SECURITIES AND REMEDIES FOR THE OWNER
OF THE BOND; MAKING CERTAIN COVENANTS AND
AGREEMENTS IN CONNECTION THEREWITH; AND
PROVIDING AN EFFECTIVE DATE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CRESTVIEW, FLORIDA:
SECTION 1: Authority for this Resolution. This resolution is adopted pursuant to the
Florida Constitution, Chapter 166, Florida Statutes, the City Charter, and other applicable
provisions of law (collectively, the “Act”).
SECTION 2: Definitions. The following words and phrases shall have the following
meanings when used herein:
"Act" shall have the meaning ascribed thereto in Section 1 hereof.
"Bond" shall mean the Bond of the Issuer authorized by Section 4 hereof.
"Bond Counsel" shall mean Bryant Miller Olive P.A., or any other attorney at law or firm
of attorneys of nationally recognized standing in matters pertaining to the exclusion from gross
income for federal income tax purposes of interest on obligations issued by states and political
subdivisions, and duly admitted to practice law before the highest court of any state of the
United States of America.
"Business Day" shall mean any day except any Saturday or Sunday or day on which the
Principal Office of the Owner is lawfully closed.
"City Attorney" shall mean the City Attorney or any deputy or assistant City Attorney of
the Issuer, or such other person as may be duly authorized by the Issuer to act on his or her
behalf.
"City Manager" shall mean the City Manager or any deputy or assistant, or such other
person as may be duly authorized by the Issuer to act on his or her behalf.
Page 145 of 341
2
"Code" shall mean the Internal Revenue Code of 1986, as amended, and any Treasury
Regulations, whether temporary, proposed or final, promulgated thereunder or applicable
thereto.
”Debt Service Fund" shall mean the Debt Service Fund established with respect to the
Bond pursuant to Section 9 hereof.
"Finance Director" shall mean the Finance Director or such other person as may be duly
authorized by the Issuer to act on his or her behalf.
"General Fund" means the "General Fund" of the Issuer as described and identified in the
Comprehensive Annual Financial Report of the Issuer.
"Interest Payment Date" shall mean each June 1 and December 1.
"Issuer" shall mean the City of Crestview, Florida, a political subdivision of the State of
Florida.
”Mayor" shall mean the Mayor of the Issuer, or in his or her absence, the Vice Mayor of
the Issuer, or such other person as may be duly authorized by the Issuer to act on his or her
behalf.
"Non-Ad Valorem Revenues" means all legally available non-ad valorem revenues of the
Issuer; provided, however that Non-Ad Valorem Revenues shall (a) be received by the Issuer
from sources other than the levy of ad valorem taxes upon property, and (b) not be restricted by
law so as to be unable to be applied to pay the debt service on the Bond and other Issuer debt
secured by Non-Ad Valorem Revenues, and to make the other payments, if any, required under
the Bond or hereunder.
"Original Lender" shall mean Sterling National Bank.
"Owner" or "Owners" shall mean the Person or Persons in whose name or names the
Bond shall be registered on the books of the Issuer kept for that purpose in accordance with
provisions of this Resolution.
"Person" shall mean natural persons, firms, trusts, estates, associations, corporations,
partnerships and public bodies.
"Pledged Revenues" shall mean the Non-Ad Valorem Revenues budgeted, appropriated
and deposited as provided herein and amounts on deposit from time to time in the Debt Service
Fund and the Project Fund.
"Principal Office" shall mean, with respect to the Original Lender, the office located at
500 Seventh Avenue, 3rd Floor, New York, NY 10018, Attention: Public Sector Finance, or such
other office as the Original Lender may designate to the Issuer in writing.
"Principal Payment Date" shall mean each June 1.
"Project" shall mean the acquisition, construction and equipping of capital
improvements to the Blackwater Golf Club.
Page 146 of 341
3
"Project Fund" shall mean the Project Fund established with respect to the Bond
pursuant to Section 10 hereof.
"Resolution" shall mean this Resolution, pursuant to which the Bond is authorized to be
issued, including any supplemental resolutions hereto.
"State" shall mean the State of Florida.
SECTION 3: Findings.
(A) For the benefit of its inhabitants, the Issuer finds, determines and declares that it
is necessary for the continued preservation of the health, welfare, convenience and safety of the
Issuer and its inhabitants to finance the costs of the Project. Issuance of the Bond to finance the
costs of the Project satisfies a paramount public purpose.
(B) Debt service on the Bond will be secured by the Issuer's covenant to budget and
appropriate Non-Ad Valorem Revenues and by a pledge of the Pledged Revenues as provided
herein. The Pledged Revenues will be sufficient to pay the principal and interest on the Bond
herein authorized, as the same become due, and to make all deposits required by this
Resolution.
(C) Debt service on the Bond and all other payments hereunder shall be payable
solely from moneys deposited in the manner and to the extent provided herein. The Issuer shall
never be required to levy ad valorem taxes or use the proceeds thereof to pay debt service on
the Bond or to make any other payments to be made hereunder or to maintain or continue any
of the activities of the Issuer which generate user service charges, regulatory fees or any other
Non-Ad Valorem Revenues. The Bond shall not constitute a lien on any property owned by or
situated within the limits of the Issuer, except the Pledged Revenues.
(D) It is estimated that Non-Ad Valorem Revenues will be available, after satisfying
funding requirements for obligations having an express lien on or pledge thereof and after
satisfying funding requirements for essential governmental services of the Issuer, in amounts
sufficient to provide for the payment of the principal of and interest on the Bond and all other
payment obligations hereunder.
(F) The Issuer has received an offer from the Original Lender to acquire the Bond.
SECTION 4: Authorization of Bond. Subject and pursuant to the provisions of this
Resolution, an obligation of the Issuer to be known as City of Crestview, Florida Taxable
Capital Improvement Revenue Bond, Series 2022 is hereby authorized to be issued under and
secured by this Resolution, in the principal amount of not to exceed $2,575,000 for the purpose
of providing funds to finance the costs of the Project and pay the costs of issuing the Bond.
Because of the characteristics of the Bond, including prevailing market conditions and the
taxable nature of the Bond and the Project, it is in the best interest of the Issuer to accept the
offer of the Original Lender to acquire the Bond at a private negotiated sale. Prior to the
Page 147 of 341
4
issuance of the Bond, the Issuer shall receive from the Original Lender a Lender's Certificate, the
form of which is attached hereto as Exhibit B and the Disclosure Letter containing the
information required by Section 218.385, Florida Statutes, a form of which is attached hereto as
Exhibit C.
In consideration of the extension of credit to the Issuer by the Original Lender by paying
a purchase price and acceptance of the Bond authorized to be issued hereunder by those who
shall be the Owner thereof from time to time, this Resolution shall constitute a contract between
the Issuer and the Original Lender and any subsequent Owner.
SECTION 5: Description of the Bond. The Original Lender is making a loan to the
Issuer that is evidenced by the Bond. The Bond shall be dated the date of its execution and
delivery, which shall be a date agreed upon by the Issuer and the Original Lender, and shall
have such other terms and provisions, including an interest rate, principal and interest payment
terms, maturity date and redemption provisions as stated herein and/or in the form of the Bond
attached hereto as Exhibit A. The Bond is to be in substantially the form set forth on Exhibit A
attached hereto, together with such non-material changes as shall be approved by the Mayor,
such approval to be conclusively evidenced by the execution thereof by the Mayor. The Bond
shall be executed on behalf of the Issuer with the manual signature of the Mayor and shall be
attested and countersigned with the manual signature of the City Manager. In case any one or
more of the officers who shall have signed or sealed the Bond shall cease to be such officer of
the Issuer before the Bond so signed and sealed has been actually sold and delivered, the Bond
may nevertheless be sold and delivered as herein provided and may be issued as if the person
who signed or sealed the Bond had not ceased to hold such office. The Bond may be signed and
sealed on behalf of the Issuer by such person who at the actual time of the execution of the Bond
shall hold the proper office of the Issuer, although, at the date of the execution of the Bond, such
person may not have held such office or may not have been so authorized.
SECTION 6: Registration and Exchange of Bond; Persons Treated as Owners. The Bond
is initially registered to the Original Lender. So long as the Bond shall remain unpaid, the
Issuer will keep books for the registration and transfer of the Bond. The Person in whose name
the Bond shall be registered shall be deemed and regarded as the absolute Owner thereof for all
purposes, and payment of principal and interest on the Bond shall be made only to or upon the
written order of the Owner. All such payments shall be valid and effectual to satisfy and
discharge the liability upon the Bond to the extent of the sum or sums so paid.
The transfer of the Bond may be registered only upon the books kept for the registration
thereof by the Finance Director who shall serve as registrar for the Bond and registration of
transfer thereof upon surrender thereof to the Issuer together with an assignment duly executed
by the Owner or its attorney or legal representative in the form of the assignment set forth on
the form of the Bond; provided, however, that the Bond may be transferred only in whole and
not in part and only to (i) an affiliate of the Owner, or (ii) banks, insurance companies or other
financial institutions and their affiliates, that executes and delivers to the Issuer a certificate
Page 148 of 341
5
substantially in the form attached hereto as Exhibit B. Nothing herein shall limit the right of the
Owner or its assignees to sell or assign participation interests in the Bond to one or more entities
listed in (i) or (ii) of this paragraph. In the case of any such registration of transfer, the Issuer
shall execute and deliver in exchange for the applicable Bond a new Bond registered in the
name of the transferee. In all cases in which the Bond shall be transferred hereunder, the Issuer
shall execute and deliver at the earliest practicable time a new Bond in accordance with the
provisions of this Resolution. The Issuer may make a charge for every such registration of
transfer of the Bond sufficient to reimburse it for any tax or other governmental charges
required to be paid (other than a tax or other governmental charge imposed by the Issuer) with
respect to such registration of transfer, but no other charge shall be made for registering the
transfer. The Bond shall be issued in fully registered form and shall be payable in any coin or
currency of the United States.
The registration of transfer of the Bond on the registration books of the Issuer shall be
deemed to affect a transfer of the rights and obligations of the Owner under this Resolution to
the transferee.
SECTION 7: Payment of Principal and Interest; Limited Obligation.
The Issuer promises that it will promptly pay the principal of and interest on the Bond at
the place, on the dates and in the manner provided therein according to the true intent and
meaning hereof and thereof. The Bond is secured by a pledge of and lien upon the Pledged
Revenues in the manner of and to the extent described herein. The Bond shall not be or
constitute a general obligation or indebtedness of the Issuer as a "bond" within the meaning of
Article VII, Section 12 of the Constitution of Florida, but shall be payable solely from the
Pledged Revenues in accordance with the terms hereof. No Owner of the Bond issued
hereunder shall ever have the right to compel the exercise of any ad valorem taxing power or
taxation of any real or personal property thereon or the use or application of ad valorem tax
revenues to pay the Bond, or be entitled to payment of the Bond from any funds of the Issuer
except from the Pledged Revenues as described herein.
SECTION 8: Covenant to Budget and Appropriate. (A) Subject to the next paragraph,
the Issuer covenants and agrees and has a positive and affirmative duty to appropriate in its
annual budget, by amendment, if necessary, from Non-Ad Valorem Revenues, and to deposit
into the Debt Service Fund hereinafter created, amounts sufficient to pay principal of and
interest on the Bond not being paid from other amounts as the same shall become due. Such
covenant and agreement on the part of the Issuer to budget, appropriate and deposit such
amounts of Non-Ad Valorem Revenues shall be cumulative to the extent not paid, and shall
continue until such Non-Ad Valorem Revenues or other legally available funds in amounts
sufficient to make all such required payments shall have been budgeted, appropriated,
deposited and actually paid. No lien upon or pledge of such budgeted Non-Ad Valorem
Revenues shall be in effect until such monies are budgeted, appropriated and deposited as
provided herein. The Issuer further acknowledges and agrees that the obligations of the Issuer
Page 149 of 341
6
to include the amount of such appropriations in each of its annual budgets and to pay such
amounts from Non-Ad Valorem Revenues may be enforced in a court of competent jurisdiction
in accordance with the remedies set forth herein.
Until such monies are budgeted, appropriated and deposited as provided herein, such
covenant to budget and appropriate does not create any lien upon or pledge of such Non-Ad
Valorem Revenues, nor does it preclude the Issuer from pledging in the future its Non-Ad
Valorem Revenues, nor does it require the Issuer to levy and collect any particular Non-Ad
Valorem Revenues, nor does it give the Owner of the Bond a prior claim on the Non-Ad
Valorem Revenues as opposed to claims of general creditors of the Issuer. Such covenant to
budget and appropriate Non-Ad Valorem Revenues is subject in all respects to the prior
payment of obligations secured by a lien on and pledge of such Non-Ad Valorem Revenues
heretofore or hereafter entered into (including the payment of debt service on bonds and other
debt instruments). Anything in this Resolution to the contrary notwithstanding, it is
understood and agreed that all obligations of the Issuer hereunder and under the Bond shall be
payable from the portion of Non-Ad Valorem Revenues budgeted, appropriated and deposited
as provided for herein and nothing herein shall be deemed to pledge ad valorem tax power or
ad valorem taxing revenues or to permit or constitute a mortgage or lien upon any assets
owned by the Issuer and no Owner of the Bond nor any other person, may compel the levy of
ad valorem taxes on real or personal property within the boundaries of the Issuer or the use or
application of ad valorem tax revenues in order to satisfy any payment obligations hereunder or
to maintain or continue any of the activities of the Issuer which generate user service charges,
regulatory fees, or any other Non-Ad Valorem Revenues. The obligation of the Issuer to
budget, appropriate, deposit and make payments hereunder and under the Bond from its Non-
Ad Valorem Revenues is subject to the availability of Non-Ad Valorem Revenues after the
satisfaction of the funding requirements for obligations having an express lien on or pledge of
such revenues and the funding requirements for essential governmental services of the Issuer.
Notwithstanding any provisions of this Resolution or the Bond to the contrary, the Issuer shall
never be obligated to maintain or continue any of the activities of the Issuer which generate user
service charges, regulatory fees or any Non-Ad Valorem Revenues.
The covenant to budget and appropriate for the purposes and in the manner stated
herein shall have the effect of making available for the payment of the Bond, in the manner and
to the extent described herein, Non-Ad Valorem Revenues, and placing on the Issuer a positive
duty to appropriate and budget, by amendment, if necessary, and deposit into the Debt Service
Fund, amounts sufficient to meet its obligations hereunder. Until such monies are budgeted,
appropriated and deposited as provided herein, neither this Resolution nor the obligations of
the Issuer hereunder shall be construed as a pledge of or a lien on all or any legally available
Non-Ad Valorem Revenues of the Issuer, but shall be payable solely as provided herein and is
subject to the payment of services and programs which are for essential public purposes
affecting the health, welfare and safety of the inhabitants of the Issuer and is further subject to
the provisions of Section 166.241, Florida Statutes insofar as there are not sufficient Non-Ad
Valorem Revenues in the General Fund to comply with such covenant after the satisfaction of
Page 150 of 341
7
the funding requirements for obligations having an express lien on or pledge of such revenues
and the funding requirements for essential governmental services of the Issuer.
SECTION 9: Debt Service Fund.
(A) There is hereby created and established the "City of Crestview, Florida Taxable
Capital Improvement Revenue Bond, Series 2022 Debt Service Fund," which fund shall be a
trust fund held by the Issuer, which shall be held solely for the benefit of the Owner of the
Bond. The Debt Service Fund shall be deemed to be held in trust for the purposes provided
herein for such Debt Service Fund. The money in such Debt Service Fund shall be continuously
secured in the same manner as state and municipal deposits are authorized to be secured by the
laws of the State of Florida. The designation and establishment of the Debt Service Fund in and
by this Resolution shall not be construed to require the establishment of a completely
independent, self-balancing fund as such term is commonly defined and used in governmental
accounting, but rather is intended solely to constitute an earmarking of certain revenues and
assets of the Issuer for certain purposes and to establish certain priorities for application of such
revenues and assets as herein provided. The Issuer may at any time and from time to time
appoint one or more depositaries to hold, for the benefit of the Owner of the Bond, the Debt
Service Fund established hereby. Such depository or depositaries shall perform at the direction
of the Issuer the duties of the Issuer in depositing, transferring and disbursing moneys to and
from such Debt Service Fund as herein set forth, and all records of such depository in
performing such duties shall be open at all reasonable times to inspection by the Issuer and its
agent and employees. Any such depository shall be a bank or trust company duly authorized
to exercise corporate trust powers and subject to examination by federal or state authority, of
good standing, and having a combined capital, surplus and undivided profits aggregating not
less than fifty million dollars ($50,000,000).
(B) Until applied in accordance with this Resolution, any amounts on deposit in the
Debt Service Fund from time to time in the funds and accounts established herein, plus any
earnings thereon, shall be pledged to the repayment of the Bond.
SECTION 10. Application of Proceeds of Bond. Proceeds from the sale of the Bond shall
be used by the Issuer to pay the costs of the Project and pay the associated costs of issuance
(including but not limited to legal and financial advisory fees and expenses). The Issuer shall
pay all costs and expenses in connection with the preparation and issuance of the Bond.
The Issuer hereby covenants that it will establish with a depository in the State of
Florida, which is a member of the Federal Deposit Insurance Corporation and which is eligible
under the laws of the State of Florida to receive municipal funds, one fund to be known as the
"City of Crestview, Florida Taxable Capital Improvement Revenue Bond, Series 2022 Project
Fund" (the "Project Fund").
Page 151 of 341
8
Proceeds from the Bond herein authorized shall be deposited into the Project Fund and
shall be used as described above. When reimbursement of the costs of the Project has been
completed and all transactions costs have been paid in full, all funds remaining in the Project
Fund, if any, shall be used to prepay all or a portion of the Bond. Any such prepayment shall
not be subject to any prepayment premium as further provided in the form of the Bond attached
hereto as Exhibit A. All moneys deposited in said Project Fund shall be and constitute a trust
fund created for the purposes stated, and there is hereby created a lien upon such fund in favor
of the Owner of the Bond until the moneys thereof shall have been applied in accordance with
this Resolution. The money in such Fund shall be continuously secured until such time as the
Bond is paid in full in the same manner as state and municipal deposits are authorized to be
secured by the laws of the State of Florida.
The funds and accounts created and established by this Resolution shall constitute trust
funds for the purpose provided herein for such funds. All of such funds, except as hereinafter
provided, shall be continuously secured in the same manner as municipal deposits of funds are
required to be secured by the laws of the State of Florida. Moneys on deposit to the credit of all
funds and account created hereunder may be invested pursuant to applicable law and the
Issuer's investment policy and shall mature not later than the dates on which such moneys shall
be needed to make payments in the manner herein provided. The securities so purchased as an
investment of funds shall be deemed at all times to be a part of the account from which the said
investment was withdrawn, and the interest accruing thereon and any profit realized therefrom
shall be credited to such fund or account, except as expressly provided in this Resolution, and
any loss resulting from such investment shall likewise be charged to said fund or account.
SECTION 11: Amendment. This Resolution shall not be modified or amended in any
respect subsequent to the issuance of the Bond except with the written consent of all of the
Owner of the Bond.
SECTION 12: Limitation of Rights. With the exception of any rights herein expressly
conferred, nothing expressed or mentioned in or to be implied from this Resolution or the Bond
is intended or shall be construed to give to any Person other than the Issuer and the Owner any
legal or equitable right, remedy or claim under or with respect to this Resolution or any
covenants, conditions and provisions herein contained; this Resolution and all of the covenants,
conditions and provisions hereof being intended to be and being for the sole and exclusive
benefit of the Issuer and the Owners.
SECTION 13: Bond Mutilated, Destroyed, Stolen or Lost. In case the Bond shall become
mutilated, or be destroyed, stolen or lost, the Issuer shall issue and deliver a new Bond of like
tenor as the Bond so mutilated, destroyed, stolen or lost, in exchange and in substitution for the
mutilated Bond, or in lieu of and in substitution for the Bond destroyed, stolen or lost and upon
the Owner furnishing the Issuer proof of ownership thereof and indemnity reasonably
satisfactory to the Issuer and complying with such other reasonable regulations and conditions
Page 152 of 341
9
as the Issuer may prescribe and paying such expenses as the Issuer may incur. The Bond so
surrendered shall be canceled.
SECTION 14: Impairment of Contract. The Issuer covenants with the Owner of the
Bond that it will not, without the written consent of the Owner of the Bond, enact any ordinance
or adopt any resolution which repeals, impairs or amends in any manner adverse to the Owner
the rights granted to the Owner of the Bond hereunder.
SECTION 15: Financial Information. At no cost to the Owner, the Issuer shall provide
the Owner of the Bond with its budget for each fiscal year, within 30 days of its adoption,
annual financial statements for each fiscal year of the Issuer when available and in no event
later than 270 days following the close of such fiscal year, prepared in accordance with
applicable law and generally accepted accounting principles and audited by an independent
certified public accountant and accompanied by an audit opinion of such accountant without
qualification, and such other information as the Owner may reasonably request.
Notwithstanding anything herein to the contrary, failure to provide such annual financial
statements by such date shall not constitute an event of default pursuant to clause (ii) of Section
18 hereof. All accounting terms not specifically defined or specified herein shall have the
meanings attributed to such terms under generally accepted accounting principles as in effect
from time to time, consistently applied. Such financial information and other information may
be in electronic form.
While the Bond remains outstanding, the Issuer agrees that (i) any and all financial
records of the Issuer not made confidential by statute shall be open to inspection by the Owner
or its representatives at all reasonable times at the office of the Issuer, (ii) the Issuer shall
maintain such liability, casualty, and other insurance as is reasonable and prudent for a
similarly situated city and shall upon request of the Owner provide evidence of such coverage
to the Owner, (iii) the Issuer is in compliance and shall comply with all applicable federal, state,
and local laws and regulatory requirements, (iv) books and records of the Issuer shall be kept in
which complete and correct entries shall be made in accordance with generally accepted
accounting principles, and (v) the Issuer will take all reasonable legal action within its control in
order to maintain its existence as a municipality of the State, and will not voluntarily dissolve.
SECTION 16: Events of Default; Remedies of Owner of the Bond. The following shall
each constitute an Event of Default: (i) if the Issuer fails to pay any payment of principal of or
interest on the Bond as the same becomes due and payable, whether by maturity or otherwise;
(ii) if the Issuer defaults in the performance or observance of any covenant or agreement
contained in this Resolution or the Bond (other than set forth in (i) above) and fails to cure the
same within thirty (30) days; (iii) any representation or warranty made in writing by or on
behalf of the Issuer in this Resolution or the Bond shall prove to have been false or incorrect in
any material respect on the date made or reaffirmed; or (iv) filing of a petition by or against the
Issuer relating to bankruptcy, reorganization, arrangement or readjustment of debt of the Issuer
or for any other relief relating to the Issuer under the United States Bankruptcy Code, as
Page 153 of 341
10
amended, or any other insolvency act or law now or hereafter existing, or the involuntary
appointment of a receiver or trustee for the Issuer, and the continuance of any such event for 90
days undismissed or undischarged.
Upon the occurrence and during the continuation of any Event of Default, the Owners of
the Bond may, in addition to any other remedies set forth in this Resolution or the Bond, either
at law or in equity, by suit, action, mandamus or other proceeding in any court of competent
jurisdiction, protect and enforce any and all rights under the laws of the State, or granted or
contained in this Resolution, and may enforce and compel the performance of all duties
required by this Resolution, or by any applicable statutes to be performed by the Issuer or by
any officer thereof. In case of an Event of Default, the Issuer shall also be obligated to pay as
part of the indebtedness evidenced by the Bond, all costs of collection and enforcement thereof,
including such reasonable attorneys' fees as may be incurred by the Owner, including on appeal
or incurred in any proceeding under any bankruptcy laws as they now or hereafter exist.
SECTION 17: Anti-Dilution Test. As a condition precedent to the issuance of any debt or
the incurrence of any other obligations which are secured by and/or payable from Non-Ad
Valorem Revenues, the Issuer agrees to certify that it is in compliance with the following: The
annual Non-Ad Valorem Revenues received by the City less essential government expenditures
for the prior audited fiscal year for which audited financial statements are available equals at
least 1.20 times the existing and projected maximum annual debt service on existing obligations
and the proposed obligations payable from or secured by Non-Ad Valorem Revenues
calculated as provided in Exhibit D attached hereto. Debt service on an obligation, the
secondary source of payment for which is a covenant to budget and appropriate from Non-Ad
Valorem Revenues need only be included in the calculation if the City has used or reasonably
expects to apply Non-Ad Valorem Revenues to the payment of debt service, directly or
indirectly, on such obligations and only to the extent that amounts other than Non-Ad Valorem
Revenues available and pledged to pay such obligations during the prior fiscal year for which
audited financial statements are available were less than the maximum annual debt service for
such obligations for the then current or any subsequent fiscal year.
For the purposes of these covenants, "maximum annual debt service" means the lesser of
the actual maximum annual debt service on all such debt and other obligations, or 15% of the
original par amount of such debt and other obligations, in each case, secured by and/or payable
solely from the Issuer’s Non-Ad Valorem Revenues. As used above, the term "maximum annual
debt service" shall only include debt service that the Issuer reasonably expects to apply Non-Ad
Valorem Revenues to actually pay; provided however, notwithstanding the foregoing,
maximum annual debt service shall include the debt service on any debt which has pledged any
of the Issuer’s Non-Ad Valorem Revenues or is secured solely by a covenant to budget and
appropriate Non-Ad Valorem Revenues. For the purpose of calculating maximum annual debt
service on any indebtedness which bears interest at a variable rate, such indebtedness shall be
deemed to bear interest at the greater of (i) 7% per annum or (ii) the actual interest rate borne by
the variable rate debt for the month immediately preceding such calculation.
Page 154 of 341
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SECTION 18: Business Days. In any case where the due date of interest on or principal
of the Bond is not a Business Day, then payment of such principal or interest need not be made
on such date but may be made on the next succeeding Business Day, provided that credit for
payments made shall not be given until the payment is actually received by the Owner.
SECTION 19. General Authority. The members of the City Council of the Issuer, the
City Manager, the Finance Director, the City Attorney and all other of the Issuer's officers,
attorneys and other agents and employees are hereby authorized to perform all acts and things
required of them by this Resolution or any supplemental resolution hereto or desirable or
consistent with the requirements hereof for the full, punctual and complete performance of all
of the terms, covenants and agreements contained in the Bond and this Resolution, and they are
hereby authorized to execute and deliver all documents which shall be required by Bond
Counsel or the Original Lender to effectuate the purchase of the Bond by the Original Lender.
SECTION 20. No Third Party Beneficiaries. Except such other Persons as may be
expressly described herein or in the Bond, nothing in this Resolution, expressed or implied, is
intended or shall be construed to confer upon any Person, other than the Issuer and the Owners,
any right, remedy or claim, legal or equitable, under and by reason of this Resolution or any
provision hereof or thereof, or of the Bond, all provisions hereof and thereof being intended to
be and being for the sole and exclusive benefit of the Issuer and the Persons who shall from
time to time be the Owners.
SECTION 21. No Personal Liability. Neither the members of the City Council of the
Issuer, the City Manager, the Finance Director, the City Attorney, all other of the Issuer's
officers, attorneys and other agents and employees, nor any person executing the Bond shall be
personally liable therefor or be subject to any personal liability or accountability by reason of
the issuance thereof.
SECTION 22: Patriot Act. The Lender hereby notifies the Issuer that, pursuant to the
requirements of the Patriot Act, it is required to obtain, verify and record information that
identifies the Issuer, which information includes the name and address of the Issuer and other
information that will allow the Lender to identify the Issuer in accordance with the Patriot Act.
The Issuer represents and warrants to the Lender that neither it nor any of its principals,
shareholders, members, partners, or Affiliates, as applicable, is a Person named as a Specially
Designated National and Blocked Person (as defined in Presidential Executive Order 13224) and
that it is not acting, directly or indirectly, for or on behalf of any such person. The Issuer further
represents and warrants to the Lender that the Issuer and its principals, shareholders, members,
partners, or Affiliates, as applicable, are not directly or indirectly, engaged in, nor facilitating,
the transactions contemplated by this transaction on behalf of any Person named as a Specially
Designated National and Blocked Person.
SECTION 23. Waiver of Jury Trial. To the extent permitted by applicable law, each of
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12
the Issuer and the Lender irrevocably and voluntarily waives any right it may have to a trial by
jury with respect to any controversy or claim between the Issuer and the Lender, whether
arising in contract or tort or by statute, including but not limited to any controversy or claim
that arises out of or relates to this Resolution, the Bond or any other document related to the
issuance thereof. This provision is a material inducement for the Lender's determination to
acquire the Bond and for the parties to enter into the documents related thereto.
SECTION 24. Governing Law. The provisions of this Resolution shall be governed by
the laws of the State of Florida.
SECTION 25: Role of Lender. The parties hereto acknowledge and agree that the
Lender and its representatives are not registered municipal advisors and do not provide advice
to municipal entities or obligated persons with respect to municipal financial products or the
issuance of municipal securities (including regarding the with respect to municipal financial
products or the issuance of municipal securities (including regarding the structure, timing,
terms and similar matters concerning municipal financial products or municipal securities
issuances) or engage in the solicitation of municipal entities or obligated persons for the
provision by non-affiliated persons of municipal advisory services and/or investment advisory
services. With respect to the Bond, this Resolution and any other information, materials or
communications provided by the Lender: (a) the Lender and its representatives are not
recommending an action to any municipal entity or obligated person; (b) the Lender and its
representatives are not acting as an advisor to any municipal entity or obligated person and do
not owe a fiduciary duty pursuant to Section 15B of the Securities Exchange Act of 1934 to any
municipal entity or obligated person with respect to this Term Sheet, information, materials or
communications; (c) the Lender and its representatives are acting for their own interests; and
(d) the Issuer has been informed that the Issuer should discuss the terms of the Bond, this
Resolution and any such other information, materials or communications with any and all
internal and external advisors and experts that the Issuer deems appropriate before the issuance
of the Bond or the execution and delivery of this Resolution or any such other information,
materials or communications.
SECTION 26: Privately Negotiated Loan. The Issuer acknowledges and agrees that the
Lender is acquiring the Bond in evidence of a privately negotiated loan and in that connection
the Bond shall not be (i) assigned a separate rating by any municipal securities rating agency,
(ii) registered with The Depository Trust Company or any other securities depository, (iii)
issued pursuant to any type of offering document or official statement or (iv) assigned a CUSIP
number by Standard & Poor's CUSIP Service.
SECTION 27. Severability of Invalid Provisions. If any one or more of the covenants,
agreements or provisions of this Resolution shall be held contrary to any express provision of
law or contrary to the policy of express law, though not expressly prohibited, or against public
policy, or shall for any reason whatsoever be held invalid, then such covenants, agreements or
provisions shall be null and void and shall be deemed separable from the remaining covenants,
Page 156 of 341
13
agreements and provisions of this Resolution and shall in no way affect the validity of any of
the other covenants, agreements or provisions hereof or of the Bond issued hereunder.
SECTION 28. Repeal of Inconsistent Resolutions. All resolutions or parts thereof in
conflict herewith are hereby superseded and repealed to the extent of such conflict.
SECTION 29. Effective Date. This Resolution shall take effect immediately upon its
adoption.
PASSED AND ADOPTED THIS 13th day of December, 2021.
(SEAL) CITY COUNCIL
ATTEST: By: ______________________________
J. B. Whitten, Mayor
_____________________________
Maryanne Schrader, City Clerk
Page 157 of 341
A-1
EXHIBIT A
FORM OF BOND
Issue Date: January 7, 2022 $2,575,000
CITY OF CRESTVIEW, FLORIDA
TAXABLE CAPITAL IMPROVEMENT REVENUE BOND, SERIES 2022
Maturity Date: June 1, 2042 Interest Rate: 3.07%
KNOW ALL MEN BY THESE PRESENTS that City of Crestview, Florida (the "Issuer"), a
political subdivision created and existing pursuant to the Constitution and the laws of the State
of Florida, for value received, promises to pay from the sources hereinafter provided, to the
order of Sterling National Bank, or registered assigns (hereinafter, the "Owner"), the principal
amount of $2,575,000 on the dates and in the amounts as hereinafter described, together with
interest at an interest rate of 3.07% (the "Interest Rate"). Interest shall be ca lculated on a 30/360
day basis. This Bond shall have a final maturity date of June 1, 2042 (the “Maturity Date”).
Principal of and interest on this Bond is payable in lawful money of the United States of
America at such place as the Owner may designate to the Issuer in writing.
The Issuer promises to pay the Owner interest on principal amount outstanding
hereunder from the date of this Bond at the Interest Rate described above, but in no event shall
it exceed the maximum interest rate permitted by applicable law. Such interest shall be paid
semi-annually on each June 1 and December 1, commencing June 1, 2022 (each, an “Interest
Payment Date”).
Principal on this Bond shall be payable in annual installments on the following dates in
the following amounts:
Dates Amounts
06/01/23 $ 95,000
06/01/24 100,000
06/01/25 100,000
06/01/26 105,000
06/01/27 105,000
06/01/28 110,000
06/01/29 115,000
06/01/30 115,000
06/01/31 120,000
06/01/33 125,000
06/01/33 130,000
06/01/34 135,000
06/01/35 135,000
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A-2
06/01/36 140,000
06/01/37 145,000
06/01/38 150,000
06/01/39 155,000
06/01/40 160,000
06/01/41 165,000
06/01/42* 170,000
_______________
* Final Maturity.
A final payment in the amount of the entire unpaid principal balance, together with all
accrued and unpaid interest hereon, shall be due and payable in full on the Maturity Date.
If any date for the payment of principal and interest hereon shall fall on a day which is
not a Business Day (as defined in the Resolution hereinafter defined) the payment due on such
date shall be due on the next succeeding day which is a Business Day, but the Issuer shall not
receive credit for the payment until it is actually received by the Owner.
All payments by the Issuer pursuant to this Bond shall apply first to accrued interest,
then to other charges due the Owner, and the balance thereof shall apply to principal.
Principal of and interest on this Bond is payable in lawful money of the United States of
America at such place as the Owner may designate to the Issuer in writing. No presentment or
delivery shall be required for prepayment, interest or principal installment payments on the
Bond.
THIS BOND DOES NOT CONSTITUTE A GENERAL INDEBTEDNESS OF THE
ISSUER WITHIN THE MEANING OF ANY CONSTITUTIONAL, STATUTORY OR CHARTER
PROVISION OR LIMITATION, AND IT IS EXPRESSLY AGREED BY THE OWNER OF THIS
BOND THAT SUCH OWNER SHALL NEVER HAVE THE RIGHT TO REQUIRE OR COMPEL
THE EXERCISE OF THE AD VALOREM TAXING POWER OF THE ISSUER OR TAXATION
OF ANY REAL OR PERSONAL PROPERTY THEREIN OR USE OR APPLICATION OF AD
VALOREM TAX REVENUES OF THE ISSUER FOR THE PAYMENT OF THE PRINCIPAL OF
AND INTEREST ON THIS BOND OR THE MAKING OF ANY OTHER PAYMENTS
PROVIDED FOR IN THE RESOLUTION.
The principal of this Bond may be prepaid in whole or in part at the option of the Issuer
on December 1, 2026 and any Interest Payment Date thereafter, at the price of par plus accrued
but unpaid interest and the following prepayment premiums:
Dates Prepayment Premium
December 1, 2026 through and including June 1, 2029 101%
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December 1, 2029 and thereafter None
Any partial prepayment shall (i) occur on an Interest Payment Date, (ii) occur no more than
once during any consecutive 12-month period, (iii) be in a principal amount of not less than
$250,000, and (iv) be applied to the then remaining principal repayment schedule in inverse
order of installments coming due.
No less than thirty (30) days prior to the date of prepayment selected by the Issuer, the
Issuer shall provide written notice of such prepayment to the Owner of the Bond which notice
may be conditional.
This Bond is issued pursuant to the Florida Constitution, Chapter 166, Florida Statutes,
the City Charter, and other applicable provisions of law, and Resolution No. 2022-5 duly
adopted by the Issuer on December 13, 2021, as from time to time amended and supplemented
(herein referred to as the "Resolution"), and is subject to all the terms and conditions of the
Resolution. All terms, conditions and provisions of the Resolution including without limitation
remedies in the Event of Default are by this reference thereto incorporated herein as a part of
this Bond. Debt service on this Bond is secured by a covenant to budget, appropriate and
deposit Non-Ad Valorem Revenues, as provided in the Resolution. Terms used herein in
capitalized form and not otherwise defined herein shall have the meanings ascribed thereto in
the Resolution.
The transfer of the Bond may be registered only upon the books kept for the registration
thereof by the Finance Director of the Issuer who shall serve as registrar for the Bond and
registration of transfer thereof upon surrender thereof to the Issuer together with an assignment
duly executed by the Owner or its attorney or legal representative in the form of the assignment
set forth on the form of the Bond; provided, however, that the Bond may be transferred only in
whole and not in part and only to (i) an affiliate of the Owner or (ii) banks, insurance companies
or other financial institutions and their affiliates, that executes and delivers to the Issuer a
certificate substantially in the form attached to the Resolution as Exhibit B. Nothing herein shall
limit the right of the Owner or its assignees to sell or assign participation interests in the Bond
to one or more entities listed in (i) or (ii) of this paragraph. In the case of any such registration
of transfer, the Issuer shall execute and deliver in exchange for the applicable Bond a new Bond
registered in the name of the transferee. In all cases in which the Bond sha ll be transferred
hereunder, the Issuer shall execute and deliver at the earliest practicable time a new Bond in
accordance with the provisions of the Resolution. The Issuer may make a charge for every such
registration of transfer of the Bond sufficient to reimburse it for any tax or other governmental
charges required to be paid (other than a tax or other governmental charge imposed by the
Issuer) with respect to such registration of transfer, but no other charge shall be made for
registering the transfer. The Bond shall be issued in fully registered form and shall be payable
in any coin or currency of the United States.
It is hereby certified, recited and declared that all acts, conditions and prerequisites
required to exist, happen and be performed precedent to and in connection with the execution,
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A-4
delivery and the issuance of this Bond do exist, have happened and have been performed in
due time, form and manner as required by law, and that the issuance of this Bond is in full
compliance with and does not exceed or violate any constitutional or statutory limitation.
IN WITNESS WHEREOF, the City of Crestview, Florida, has issued this bond and has
caused the same to be executed by its Mayor, and countersigned and attested by its City Clerk, and
its corporate seal to be impressed, imprinted or otherwise reproduced hereon, all as of the Issue
Date written above.
CITY OF CRESTVIEW, FLORIDA
(SEAL)
By:
Mayor
ATTESTED AND COUNTERSIGNED:
City Clerk
Page 161 of 341
B-1
EXHIBIT B
FORM OF LENDER'S CERTIFICATE
This is to certify that Sterling National Bank (the "Lender") has not required City of
Crestview, Florida (the "Issuer") to deliver any offering document and has conducted its own
investigation, to the extent it deems satisfactory or sufficient, into matters relating to business
affairs or conditions (either financial or otherwise) of the Issuer in connection with the issuance
of the $2,575,000 City of Crestview, Florida, Taxable Capital Improvement Revenue Bond, Series
2022 (the "Bond"), and no inference should be drawn that the Lender, in the acceptance of the
Bond, is relying on Bond Counsel or Issuer's Counsel as to any such matters other than the legal
opinion rendered by Bond Counsel, Bryant Miller Olive P.A. and by Issuer's Counsel, Jonathon
Holloway, P.A. Any capitalized undefined terms used herein not otherwise defined shall have
the meaning set forth in a resolution adopted by the City Council of the Issuer on December 13,
2021 (the "Resolution").
We are aware that purchase of the Bond involves various risks, and that the payment of
the Bond is secured solely from the sources described in the Resolution (the "Bond Security").
We have made such independent investigation of the Bond Security as we, in the
exercise of sound business judgment, consider to be appropriate under the circumstances. In
making our loan decision, we have relied upon the accuracy of information which has been
provided to us by the Issuer and the Issuer's Financial Advisor.
We have knowledge and experience in financial and business matters and are capable of
evaluating the merits and risks of our purchase of the Bond and can bear the economic risk of
our purchase of the Bond.
We understand that the Bond is issued in a single denomination equal to the principal
amount due under the Bond and may not be transferred except as provided in the Bond.
We acknowledge and understand that the Issuer has determined that the Resolution is
not required to be qualified under the Trust Indenture Act of 1939, as amended, and that the
Bond is not required to be registered in reliance upon the exemption from registration under
Section 3(a)(2) of the Securities Act of 1933, Section 517.051(1), Florida Statutes, and/or Section
517.061(7), Florida Statutes, and that the Issuer has further determined that neither the Issuer,
Bond Counsel nor Issuer's Counsel shall have any obligation to effect any such registration or
qualification.
We are making a loan that is evidenced by the Bond. The loan may only be transferred
in whole to a bank, trust company, savings institution or insurance company that is engaged as
a regular part of its business in making loans authorized to do business in the State of Florida
and as described in the last sentence of this paragraph. We are making the loan for our own
account, do not currently intend to syndicate the loan, will take no action to cause the loan to be
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B-2
characterized as a security, and will not treat the loan as a municipal security for purposes of
the securities law. We understand that there will be no CUSIPs obtained with respect to the
loan or evidencing the loan and that there will be no credit rating obtained on the loan. We are
not acting as a broker or other intermediary, and are purchasing the Bond as an investment for
our own account and not with a present view to a resale or other distribution to the public,
other than to our affiliate, Sterling National Funding Corp., a New York corporation and
wholly-owned subsidiary of the Lender (“SNFC”), whereby we will sell to SNFC a 100%
participation interest in the Bond at par.
We are an “accredited investor” as such term is defined in the Securities Act of 1933, as
amended, and Regulation D thereunder and a bank as contemplated by Section 517.061(7),
Florida Statutes. We are not purchasing the Bond for direct or indirect promotion of any
scheme or enterprise with the intent of violating or evading any provision of Chapter 517,
Florida Statutes.
Neither the Lender nor any of its affiliates has acted or shall act as a fiduciary for the
Issuer or in the capacity of broker, dealer, municipal securities underwriter or municipal
advisor with respect to the proposed issuance of the Bond. Neither the Lender nor any of its
affiliates has provided, and will not provide, financial, legal, tax, accounting or other advice to
or on behalf of the Issuer with respect to the proposed issuance of the Bond. The Issuer has
represented to the Lender that it has sought and obtained financial, legal, tax, accounting and
other advice (including as it relates to structure, timing, terms and similar matters) with respect
to the proposed issuance of the Bond from its financial, legal and other advisors (and not the
Lender or any of its affiliates) to the extent that the Issuer desired to obtain such advice.
DATED this 7th day of January, 2022.
STERLING NATIONAL BANK
By:
Name: Kevin C. King
Title: Senior Managing Director
Page 163 of 341
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EXHIBIT C
FORM OF DISCLOSURE LETTER
The undersigned, as lender, proposes to negotiate an extension of credit to the City of
Crestview, Florida (the "Issuer") for the private purchase of its City of Crestview, Florida
Taxable Capital Improvement Revenue Bond, Series 2022 (the "Bond") in the principal amount
of $2,575,000. Prior to the award of the Bond, the following information is hereby furnished to
the Issuer:
1. Set forth is an itemized list of the nature and estimated amounts of expenses to
be incurred for services rendered to us (the "Lender") in connection with the issuance of the
Bond (such fees and expenses to be paid by the Issuer):
None.
2. (a) No other fee, bonus or other compensation is estimated to be paid by the
Lender in connection with the issuance of the Bond to any person not regularly employed or
retained by the Lender (including any "finder" as defined in Section 218.386(1)(a), Florida
Statutes), except as specifically enumerated as expenses to be incurred by the Lender, as set
forth in paragraph (1) above.
(b) No person has entered into an understanding with the Lender, or to the
knowledge of the Lender, with the Issuer, for any paid or promised compensation or valuable
consideration, directly or indirectly, expressly or implied, to act solely as an intermediary
between the Issuer and the Lender or to exercise or attempt to exercise any influence to effect
any transaction in the purchase of the Bond.
3. The amount of the underwriting spread expected to be realized by the Lender is
$0.
4. The management fee to be charged by the Lender is $0.
5. Truth-in-Bonding Statement:
The Bond is being issued primarily to finance the acquisition, construction and
equipping of various capital improvements of the Issuer.
Unless earlier redeemed, the Bond is expected to be repaid on June 1, 2042. At an
interest rate of 3.07%, total interest paid over the life of the Bond is estimated to be $941,722.50.
The Bond will be payable solely from Non-Ad Valorem Revenues of the Issuer
budgeted, appropriated and deposited as described in a resolution of the Issuer adopted on
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December 13, 2021 (the "Resolution"). See the Resolution for a definition of Non-Ad Valorem
Revenues. Based on information provided to the Lender by MW Financial Advisory Services
LLC, issuance of the Bond is estimated to result in an annual maximum of approximately
$176,598.50 of revenues of the Issuer not being available to finance the other services of the
Issuer during the life of the Bond.
6. The name and address of the Lender is as follows:
Sterling National Bank
500 Seventh Avenue, 3rd Floor
New York, NY 10018
Attention: Public Sector Finance
This letter is for informational purposes only and shall not affect or control the actual
terms and conditions of the Bond.
IN WITNESS WHEREOF, the undersigned has executed this Disclosure Statement on
behalf of the Lender this 7th day of January, 2022.
STERLING NATIONAL BANK
By:
Name: Kevin C. King
Title: Senior Managing Director
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EXHIBIT D
Form of Coverage Certificate
Revenues FY
Total Governmental Fund Revenues $
Less: Ad Valorem Revenues
Less: Restricted Funds
Total Net Non-Ad Valorem Revenue Available $ -
Expenditures
Essential Expenditures
General Government
Public Safety
Total Essential and Legally Mandated Expenditures $ -
Less: Essential expenditures paid from ad valorem revenues net of ad
valorem debt service or otherwise designated
Total Adjusted Expenditures $ -
Legally Available Non-Ad Valorem Revenues $
Less: Essential Expenditures to be paid from Non-Ad Valorem $
Net Legally Available Non-Ad Valorem Available for Debt Service $
Existing and Projected Maximum Annual Debt Service $
Coverage Ratio*
_______________
*Pursuant to Section 17 of Resolution No. __, this Certificate is delivered when the Issuer
proposes to issue other obligations which are secured by and/or payable from Non-Ad Valorem
Revenues. There is no annual requirement that any coverage ratio be maintained.
Page 166 of 341
CITY OF CRESTVIEW Item # 9.2.
Staff Report
CITY COUNCIL MEETING DATE: December 13, 2021
TYPE OF AGENDA ITEM: Resolution
TO:Mayor and City Council
CC:City Manager, City Clerk, Staff and Attorney
FROM:Gina Toussaint, Finance Director
DATE:12/9/2021
SUBJECT:Issuance of Water & Sewer Revenue Bonds Series 2021
BACKGROUND:
At the September 13, 2021 meeting, City Council approved Resolution No. 2021-25. The purpose of the
resolution was to establish the City's intent to reimburse certain capital expenditures incurred with proceeds of
a future financing.
In June, 2021, the Council approved engaging the services of MW Financial Advisory Services, LLC to
provide financial consulting services. MW Financial Advisory Services, LLC (MWFAS) is a registered
municipal advisor with the Securities and Exchange Commission and the Municipal Securities Rulemaking
Board.
DISCUSSION:
On November 2, 2021, Request for Proposals (RFP) were distributed to approximately sixty (60) Financial
Institutions. The RFP's were due back to MWFAS by November 22, 2021 at 11:00 am CST. Four (4)
institutions submitted a proposal. (A summary of which has been provided)
Upon review of the proposals, The Committee (consisting of the City Manager, Finance Director and the
MWFAS representative) summarized the following:
Interest rates ranged from 1.87% to 2.38% for a 15 year term and 2.09% to 2.50% for a 20 year loan.
All proposals offered 15 and 20 year terms, with one only offering a 15 year term
Legal Fees ranged from $0.00 - $7,500
Proposals had similar levels of restrictions on loan prepayments and other conditions.
Due to a term length of 20 years and a competitive interest rate of 2.09%, the committee recommends Bank
United.
The total loan proceeds will be $5,075,000 with $5,000,000 to finance the construction of a solids handling
wastewater project and the remaining $75,000 for cost issuance.
GOALS & OBJECTIVES
This item is consistent with the goals in A New View Strategic Plan 2020 as follows;
Foundational- these are the areas of focus that make up the necessary foundation of a successful local
government.
Financial Sustainability- Achieve long term financial sustainability
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Organizational Capacity, Effectiveness & Efficiency- To efficiently & effectively provide the highest quality
of public services
Infrastructure- Satisfy current and future infrastructure needs
Communication- To engage, inform and educate public and staff
Quality of Life- these areas focus on the overall experience when provided by the city.
Community Character- Promote desirable growth with a hometown atmosphere
Safety- Ensure the continuous safety of citizens and visitors
Mobility- Provide safe, efficient and accessible means for mobility
Opportunity- Promote an environment that encourages economic and educational opportunity
Play- Expand recreational and entertainment activities within the City
Community Culture- Develop a specific identity for Crestview
FINANCIAL IMPACT
The principal portion of debt service payments will commence on September 1, 2023. The interest portion will
be paid semi-annually on March 1st and September 1st, commencing on March 1, 2022. Total annual debt
service payments will be approximately $330,000 and will be secured by net revenues of the combined Water
& Sewer System.
RECOMMENDED ACTION
Staff respectfully requests City Council to adopt Resolution No. 2022-6 authorizing the issuance of a
$5,075,000 Water & Sewer Revenue Bonds Series to construct a solids handling wastewater project and pay
cost of issuance.
Attachments
1.Resolution - Supplemental - 2022-6
2.Summary of Crestview Bank Proposals Water and Sewer 2021
Page 168 of 341
Page 1
RESOLUTION NO. 2022-6
A RESOLUTION SUPPLEMENTING RESOLUTION NO. 16-05 OF THE CITY
OF CRESTVIEW, FLORIDA, AUTHORIZING THE ISSUANCE OF NOT TO
EXCEED $5,075,000 CITY OF CRESTVIEW, FLORIDA WATER AND SEWER
REVENUE BOND, SERIES 2021, TO PROVIDE FUNDS FOR THE PURPOSE
OF FINANCING CAPITAL IMPROVEMENTS TO THE ISSUER’S SEWER
SYSTEM AND PAYING THE COSTS OF ISSUANCE RELATED THERETO;
PLEDGING A PARITY LIEN ON THE NET REVENUES OF THE COMBINED
WATER AND SEWER SYSTEM OF THE ISSUER FOR THE PAYMENT
THEREOF; PROVIDING FOR THE RIGHTS OF THE HOLDERS OF SUCH
BOND; AUTHORIZING THE PRIVATE NEGOTIATED SALE OF SUCH
BOND TO PINNACLE PUBLIC FINANCE, INC. PURSUANT TO THE TERMS
AND CONDITIONS DESCRIBED HEREIN; RATIFYING AND
CONFIRMING ALL TERMS, PROVISIONS AND COVENANTS OF
RESOLUTION NO. 16-05 OF THE ISSUER; PROVIDING CERTAIN OTHER
MATTERS IN CONNECTION THEREWITH; AND PROVIDING AN
EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CRESTVIEW,
FLORIDA (THE “ISSUER”), AS FOLLOWS:
SECTION 1. AUTHORITY FOR THIS RESOLUTION. This Resolution is adopted
pursuant to Chapter 166, Part II, Florida Statutes, the Original Resolution (as hereinafter defined)
and other applicable provisions of law.
SECTION 2. DEFINITIONS. When used in this Resolution, the terms defined in the
Original Resolution (as defined below) shall have the meanings therein stated except as such
definitions may be hereinafter amended and defined.
"Additional Parity Bonds" shall mean additional obligations subsequently issued by the
Issuer which have an equal lien on the Net Revenues and rank equally in all respects with the
Series 2021 Bonds and the Parity Bonds.
“Bond Rate“ shall mean the rate of interest to be borne by the Series 2021 Bond, which
shall be 2.09%, calculated on the basis of a 360-day year consisting of twelve (12) thirty (30) day
months, subject to adjustment to the Taxable Rate or Default Rate as provided herein and in the
Series 2021 Bond.
“Bond Registrar” as it relates to the Series 2021 Bond shall mean the Clerk of the Issuer
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“Default Rate“ shall mean five percent (5%) per annum except following an Event of
Taxability whereupon Default Rate shall mean six percent (6%) per annum.
“Event of Default” means the occurrence of any of the following: (i) a failure to pay after
the due date thereof any principal or interest or premium, if any, on the Series 2021 Bonds; or (ii)
a failure by the Issuer to comply with any of its obligations or to perform any of its duties under
the Resolution, other than a failure described in clause (i) of this definition.
“Event of Taxability” has the meaning given it in the form of the Series 2021 Bond herein.
“Holder” shall mean the owner of the Series 2021 Bonds (or any interest or portion
thereof), as shown on the registration books of the Issuer maintained by the Bond Registrar. The
initial holder shall be the Lender.
“Lender” shall mean Pinnacle Public Finance, Inc., the original owner of the Series 2021
Bond, together with its successors and assigns.
“Net Revenues” has the meaning set forth in the Original Resolution.
“Original Resolution” shall mean Resolution No. 16-05 of the Issuer adopted on
November 30, 2015, relating to the Issuer’s Water and Sewer Refunding Revenue Bonds (Bank
Qualified), Series 2016.
“Parity Bonds” shall mean the Issuer’s Water and Sewer Refunding Revenue Bonds (Bank
Qualified), Series 2015 and Water and Sewer Refunding and Improvement Revenue Bonds, Series
2016.
“Paying Agent” as it relates to the Series 2021 Bond shall mean the Clerk of the Issuer.
“Permitted Lender” shall mean (i) an affiliate of the Lender or (ii) any bank, trust
company, savings institution or insurance company or financial institution that is engaged as a
regular part of its business in making loans in the State of Florida that is an “Accredited Investor”
(as defined in Regulation D under the Securities Act of 1933, as amended) or a “qualified
institutional buyer” (as defined in Rule 144A under the Securities Act of 1933, as amended) as
contemplated by Section 517.061(7), Florida Statutes.
“Resolution” shall mean the Original Resolution as supplemented by this Resolution.
“Series 2021 Bond” shall mean the Issuer’s Water and Sewer Revenue Bond, Series 2021
issued pursuant to the Resolution.
“Series 2021 Project” shall mean the acquisition costs for certain improvements to the
System consisting primarily of the Issuer’s Wastewater Solids Handling Upgrade Project and such
other improvements to the System as may be lawful under the laws of the State of Florida.
SECTION 3. FINDINGS. It is hereby ascertained, determined and declared that:
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(a) On November 30, 2015, the City Council, as the governing body of the Issuer, duly
adopted the Original Resolution, which, among other things, authorized the issuance of the
Issuer’s Water and Sewer Refunding and Improvement Revenue Bonds, Series 2016 on a parity basis
with the Issuer’s Water and Sewer Refunding Revenue Bonds (Bank Qualified), Series 2015, the
proceeds of which financed or refinanced improvements to the Issuer’s combined water and sewer
system (together with any and all improvements, extensions and additions thereto hereafter
constructed or acquired, together with all lands or interests therein, including plants, buildings,
machinery, franchises, pipes, mains, fixtures, equipment and all property, real or personal, tangible
or intangible, now or hereafter owned or used in connection therewith, the “System”).
(b) The Issuer now owns, operates and maintains the System and will continue to
derive Net Revenues from rates, fees, rentals and other charges made and collected for the
services of such System, which revenues and the other revenues pledged pursuant to the
provisions of the Resolution are not now pledged or encumbered in any manner, except for the
payment of the Parity Bonds.
(c) The Original Resolution provides for the issuance of Additional Parity Bonds upon
compliance with certain requirements therein.
(d) This Resolution shall constitute a supplemental resolution to the Original
Resolution.
(e) It is in the best interests of the Issuer and the residents thereof that the Issuer
authorize the issuance of the Series 2021 Bond for the purpose of financing the Series 2021 Project
and paying costs of issuance related to the issuance of the Series 2021 Bond.
(f) The Series 2021 Bond shall be payable from the Net Revenues. The lien of the
Parity Bonds and the Series 2021 Bond on the Net Revenues shall be on an equal and parity basis.
(g) The principal of, premium, if any, and interest on the Series 2021 Bond and all
sinking fund and other payments shall be payable solely from the Net Revenues. The Issuer shall
never be required to levy ad valorem taxes on any real or personal property therein to pay the
principal of and interest on the Series 2021 Bond or to make any other payments provided for by
the Resolution. The Series 2021 Bond shall not constitute a lien upon any properties owned by or
located within the boundaries of the Issuer or upon any property other than the Net Revenues.
(h) The Net Revenues will be sufficient to pay all principal of, premium, if any, and
interest on the Series 2021 Bond and the Parity Bonds, as the same become due, and to make all
required deposits or payments required by the Resolution.
(i) Because of the characteristics of the security pledged to repay the Series 2021 Bond,
prevailing conditions in the financial markets, reduced upfront costs of issuance and additional
savings to be realized from an expeditious sale of the Series 2021 Bond, it is in the best interest of
the Issuer to accept the offer of the Lender to extend the credit evidenced by the Series 2021 Bond
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at a private negotiated sale. Prior to the issuance of the Series 2021 Bond, the Issuer shall receive
from the Lender a Lender’s Certificate and a Disclosure Letter containing the information
required by Section 218.385, Florida Statutes, substantially in the forms attached hereto as
exhibits.
SECTION 4. AUTHORIZATION OF THE SERIES 2021 PROJECT; APPROVAL OF
SALE OF SERIES 2021 BOND TO LENDER. The acquisition and financing of the Series 2021
Project is hereby authorized. The private negotiated sale of the Series 2021 Bond to the Lender is
hereby approved.
SECTION 5. AUTHORIZATION OF SERIES 2021 BOND. Subject and pursuant to the
provisions hereof, the obligation of the Issuer to be known as “Water and Sewer Revenue Bond,
Series 2021,” is authorized to be issued in the principal amount of not exceeding $5,075,000. Such
Series 2021 Bond shall constitute an Additional Parity Bond under the Original Resolution, and
the Issuer hereby represents that upon the issuance of the Series 2021 Bond, all conditions to the
issuance of Additional Parity Bonds set forth in the Original Resolution shall be satisfied.
SECTION 6. DESCRIPTION OF SERIES 2021 BOND.
(a) The Series 2021 Bond shall be issued in fully registered form; shall be dated the
date of its issuance; shall be numbered R-1; shall be in the denomination of the outstanding
principal amount of the Series 2021 Bond; and, notwithstanding any other provision of the
Resolution or the Series 2021 Bond, shall never bear interest at such rate or rates exceeding the
maximum rate allowed by State law. The Series 2021 Bond shall be issued in a principal amount
of $5,075,000 as set forth in the Series 2021 Bond.
(b) The Series 2021 Bond shall bear interest, computed on the basis of a 360-day year
consisting of twelve (12) thirty (30) day months, from its date, payable semi-annually on the first
day of March and the first day of September of each year, commencing on September 1, 2022, at
the Bond Rate (or at the Taxable Rate upon an Event of Taxability) shown on the Form of Series
2021 Bond included in Section 11 of this Resolution (the “Bond Form”), subject to adjustment as
set forth herein and in the Series 2021 Bond. Principal on the Series 2021 Bond shall be paid in
annual installments beginning September 1, 2023 and on every September 1 thereafter until the
Maturity Date indicated on the Bond Form and until paid in full.
(c) The Series 2021 Bond is subject to prepayment at the option of the Issuer, as set
forth in Section 10 hereof and in the Series 2021 Bond.
(d) The payment of the principal of, premium, if any, and interest on the Series 2021
Bond shall be secured by an irrevocable lien on the Net Revenues as described in the Resolution.
(e) The principal of, premium, if any, and the interest on the Series 2021 Bond shall be
payable in any coin or currency of the United States of America that on the respective dates of
payment thereof is legal tender for the payment of public and private debts. The principal of,
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premium, if any, and the interest on the Series 2021 Bond shall be payable by the Paying Agent
on each interest payment date to the person appearing on the registration books of the Issuer
hereinafter provided for as the registered Holder thereof, by wire transfer to the Holder.
Presentation of the Series 2021 Bond for such payment shall not be required.
(f) All provisions of the Resolution, except as expressly provided herein or therein,
shall be applicable to the Series 2021 Bond. The Resolution shall be deemed to be and shall
constitute a contract between the Issuer and the Holders of the Series 2021 Bond.
(g) The audit that the Issuer prepares in accordance with Section 4.07 of the Original
Resolution will be electronically transmitted to the Lender within 270 days after the end of each
fiscal year. Additionally, the Issuer shall provide the Lender with such other financial
information as the Lender may reasonably request, including but not limited to, the Issuer’s
annual budget for any prior, current or subsequent fiscal years.
SECTION 7. EXECUTION OF SERIES 2021 BOND.
(a) The Mayor and the Clerk or any Deputy Clerk are hereby authorized and directed
to execute the Series 2021 Bond and the Clerk is hereby authorized to execute the Certificate of
Authentication of the Bond Registrar and directed upon the full execution of the Series 2021 Bond,
to deliver the Series 2021 Bond to or upon the order of the Lender upon the payment of the
acquisition price.
(b) The Mayor, the Clerk, any Deputy Clerk, the City Manager and such other officers
of the Issuer legally authorized to take action in their absence, and such other officers and
employees of the Issuer as may be designated by the City Manager, are each designated as agents
of the Issuer in connection with issuance and delivery of the Series 2021 Bond and are authorized
and empowered, collectively or individually, to take all action and steps and to execute all
instruments, documents and contracts on behalf of the Issuer that are necessary or desirable in
connection with the execution and delivery of the Series 2021 Bond, including, without limitation,
such instruments, documents and contracts as may be necessary or desirable in connection with
the sale of the Series 2021 Bond and which are specifically authorized or are not inconsistent with
the terms and provisions of the Resolution or any action relating to the Series 2021 Bond
heretofore taken by the Issuer. Such officers and those so designated are hereby charged with the
responsibility for the issuance of the Series 2021 Bond.
SECTION 8. REGISTRATION OF TRANSFER; ASSIGNMENT OF RIGHTS OF
LENDER. The Issuer shall keep at the office of the Bond Registrar in the Issuer's records the
registration of the Series 2021 Bond and the registration of transfers of the Series 2021 Bond as
provided herein. The transfer of the Series 2021 Bond may be registered only upon the books
kept for the registration of the Series 2021 Bond and registration of transfer thereof without
surrender thereof to the Bond Registrar, together with an assignment duly executed by the Holder
or its attorney or legal representative in the form of the assignment set forth on the Series 2021
Bond; provided, however, the Series 2021 Bond may be sold, transferred or otherwise assigned
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only in whole to a Permitted Lender that delivers a a duly executed Lender’s Certificate
substantially in the form attached hereto as Exhibit A to the Bond Registrar with the referenced
assignment. No consent of the Issuer is required and failure to transfer the Series 2021 Bond upon
satisfaction of the requirements hereof shall constitute a default hereunder. In the case of any
such registration of transfer, the Issuer shall execute and deliver in exchange for the Series 2021
Bond a new Series 2021 Bond registered in the name of the transferee. In all cases in which the
Series 2021 Bond shall be transferred hereunder, the Issuer shall execute and deliver at the earliest
practicable time a new Series 2021 Bond in accordance with the provisions of the Resolution. The
Issuer may make a charge for every such registration of transfer of the Series 2021 Bond sufficient
to reimburse it for any tax or other governmental charges required to be paid (other than a tax or
other governmental charge imposed by the Issuer) with respect to such registration of transfer,
but no other charge shall be made for registering the transfer hereinabove granted.
The registration of transfer of the Series 2021 Bond on the registration books of the Issuer
shall be deemed to effect a transfer of the rights of the Holder under the Resolution to the
transferee. Thereafter, such transferee shall be deemed to be the Holder under the Resolution.
The Issuer and the transferor shall execute and record such instruments and take such other
actions as the Issuer and such transferee may reasonably request in order to confirm that such
transferee has succeeded to the capacity of Holder under the Resolution and the Series 2021 Bond.
In the event the Series 2021 Bond is mutilated, lost, stolen, or destroyed, the Issuer shall
execute a new Series 2021 Bond of like date and denomination as that mutilated, lost, stolen or
destroyed, provided that, in the case of such a mutilated Bond, such mutilated Bond shall first be
surrendered to the Issuer, and in the case of a lost, stolen, or destroyed Bond, there first shall be
furnished to the Issuer evidence of such loss, theft or destruction together with an indemnity
satisfactory to it.
SECTION 9. OWNERSHIP OF SERIES 2021 BOND. The Person in whose name the
Series 2021 Bond shall be registered shall be deemed and regarded as the absolute owner thereof
for all purposes, and payment of or on account of the principal of any such Series 2021 Bond, and
the interest on any such Series 2021 Bond shall be made only to or upon the order of the registered
owner thereof or its legal representative. All such payments shall be valid and effectual to satisfy
and discharge the liability upon such Series 2021 Bond including interest thereon to the extent of
the sum or sums so paid.
SECTION 10. PROVISIONS FOR PREPAYMENT. Prior to September 1, 2032, the Series
2021 Bond is not subject to prepayment. On and after September 1, 2032, the Series 2021 Bond is
subject to prepayment prior to its maturity at the option of the Issuer in whole on any date at a
price equal to par plus interest accrued thereon through the date of prepayment. Further, on and
after September 1, 2032, the Series 2021 Bond is subject to prepayment prior to its maturity at the
option of the Issuer in part one-time per calendar year in a minimum amount of $250,000 on any
March 1 or September 1 at a price equal to par plus interest accrued thereon through the date of
prepayment.
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Notwithstanding Section 2.09 of the Original Resolution, the Issuer shall provide written
notice of prepayment of the Series 2021 Bond to the holder thereof at least thirty (30) days in
advance of the date of prepayment selected by the Issuer in accordance with the requirements
hereof. Such notice of prepayment may be conditioned upon the occurrence or non-occurrence
of such event or events as shall be specified in such notice of optional prepayment, and may also
be subject to rescission by the Issuer if expressly set forth in such notice. For any prepayment in
part, the partial prepayment shall be applied pro rata across all remaining principal payments for
the Series 2021 Bond. Upon any such prepayment, the Lender shall provide the Issuer with a
revised principal amortization schedule showing the pro rata reduction in the remaining
principal payments for the Series 2021 Bond.
SECTION 11. FORM OF SERIES 2021 BOND. The text of the Series 2021 Bond shall be
in substantially the following form, with such omissions, insertions and variations as may be
necessary, desirable, authorized or permitted by the Resolution or by any supplemental
resolution adopted prior to the issuance thereof, or as may be necessary to comply with applicable
laws, rules and regulations of the United States and of the State in effect upon the issuance thereof.
[FORM OF SERIES 2021 BOND]
THIS BOND IS SUBJECT TO THE TRANSFER RESTRICTIONS
CONTAINED IN THE RESOLUTION DESCRIBED HEREIN
No. R-1 $5,075,000
UNITED STATES OF AMERICA
STATE OF FLORIDA
COUNTY OF OKALOOSA
CITY OF CRESTVIEW
WATER AND SEWER REVENUE BOND, SERIES 2021
MATURITY DATE:BOND RATE:DATED DATE:
September 1, 2042 2.09%
(subject to adjustment
as provided herein)
December 17, 2021
Registered Owner: PINNACLE PUBLIC FINANCE, INC., A BANKUNITED COMPANY
Principal Amount: FIVE MILLION SEVENTY-FIVE THOUSAND DOLLARS
KNOW ALL MEN BY THESE PRESENTS that the City of Crestview, Florida (hereinafter
called the “Issuer”) for value received, hereby promises to pay to the order of the Registered
Owner identified above or it successors or registered assigns, as herein provided, solely from the
revenues hereinafter mentioned, by wire transfer transmitted to the Registered Owner at its
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address as it appears on the Bond registration books of the Issuer as it appears on the 15th day of
the calendar month preceding the applicable interest payment date, the principal of and interest
on this Bond at the Bond Rate per annum identified above, subject to adjustment as described
herein, such interest shall be paid on each September 1 and March 1, commencing September 1,
2022, until paid in full, from the date hereof or the interest payment date next preceding the date
of registration and authentication of this Bond, unless this Bond is registered and authenticated
as of an interest payment date, in which case it shall bear interest from said interest payment date.
Principal on this Bond shall be paid in annual installments beginning September 1, 2023 and on
every September 1 thereafter until the Maturity Date, until paid in full, in accordance with the
following amortization schedule, subject to prepayment by the Issuer prior to the Maturity Date
as provided below.
PRINCIPAL AMORIZATION SCHEDULE
Maturity Date
September 1
Maturity
Amount
2023 $205,000
2024 210,000
2025 215,000
2026 220,000
2027 225,000
2028 230,000
2029 235,000
2030 240,000
2031 245,000
2032 250,000
2033 255,000
3034 260,000
3035 265,000
3036 270,000
3037 275,000
3038 285,000
3039 290,000
2040 295,000
2041 300,000
2042 305,000
TOTAL $5,075,000
Prior to the Maturity Date or the earlier payment in full of this Bond, payments of
principal of and interest on this Bond will be payable without presentation and surrender hereof.
This Bond is issued to finance the Series 2021 Project under the authority of and in full
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compliance with the Constitution and Statutes of the State of Florida, including particularly Chapter
166, Part II, Florida Statutes, and other applicable provisions of law, and Resolution No. 2022-6 duly
adopted by the City Council of the Issuer on December 13, 2021, which supplements the Original
Resolution (collectively, the “Resolution”), and is subject to all the terms and conditions of such
Resolution. All capitalized undefined terms used herein shall have the meaning set forth in the
Resolution.
This Bond and the interest thereon are payable solely from and secured by a prior lien upon
and pledge of the net revenues derived by the Issuer from the operation of the combined water and
sewer system of the Issuer (together with any and all improvements, extensions and additions
thereto hereafter constructed or acquired, together with all lands or interests therein, including
plants, buildings, machinery, franchises, pipes, mains, fixtures, equipment and all property, real or
personal, tangible or intangible, now or hereafter owned or used in connection therewith, the
“System”), on a parity with the lien thereon in favor of the holders of the outstanding Water and
Sewer Refunding Revenue Bonds (Bank Qualified), Series 2015 and Water and Sewer Refunding and
Improvement Revenue Bonds, Series 2016 previously issued by the Issuer pursuant to the Original
Resolution. This Bond does not constitute an indebtedness of the Issuer, within the meaning of any
constitutional or statutory provision or limitation.
It is expressly agreed by the holder of this Bond that such holder shall never have the right
to require or compel the levy of ad valorem taxes for the payment of the principal of and interest on
this Bond or for the making of any sinking fund or other payment specified in the Resolution. This
Bond and the indebtedness evidenced thereby shall not constitute a lien upon any other property of
or in the Issuer, but shall constitute a lien only upon the net revenues of the System, in the manner
and to the extent provided in the Resolution.
Upon an Event of Default, the Bond Rate shall be increased to the Default Rate.
If an Event of Taxability occurs then (i) interest on this Bond shall be computed by
multiplying the portion of the outstanding principal amount of this Bond by the Taxable Rate (on
the basis of a 360-day year comprised of twelve 30-day months), and the debt service schedule
shall be deemed to be automatically amended to reflect such re-calculation, and (ii) the Issuer
shall pay to the Registered Owner hereof as a gross-up amount (the “Gross-Up Amount”) (i) an
amount equal to the difference of (A) the amount of interest that would have been paid to the
Registered Owner hereof during the period of which such interest is included in the gross income
of the Lender if this Bond had borne interest at the Taxable Rate, beginning on the Taxable Date
through the date of payment of such Gross-Up Amount (the “Gross-Up Period”), and (B) the
corresponding amount of interest on this Bond actually paid to the Lender during the Gross-Up
Period, and (ii) to the extent permitted by applicable law, an amount equal to any interest,
penalties or charges owed by the Registered Owner hereof as a result of the interest on this Bond
becoming included in the gross income of the Registered Owner hereof, together with all
attorneys’ fees, court costs, or other “out-of-pocket” costs incurred by the Registered Owner
hereof in connection therewith.
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An “Event of Taxability” means any action or inaction of the Issuer that results in or gives
rise to (i) the receipt of notice in any form from the Internal Revenue Service or a ruling of a court
of competent jurisdiction that the Registered Owner (or any prior Registered Owner) may not
exclude the interest paid or payable on this Bond from gross income for federal income tax
purposes or (ii) the receipt by the Registered Owner of a written opinion of nationally recognized
bond counsel selected by the Issuer and approved by the Lender to the effect that interest paid or
payable on this Bond is not excludable from the gross income of the Registered Owner (or any
prior Registered Owner) for federal income tax purposes. “Taxable Rate” means the Bond
Rate/(1.00-Maximum Federal Corporate Tax Rate). “Maximum Federal Corporate Tax Rate”
means, for any day, the maximum rate of income taxation imposed on corporation pursuant to
section 11(b) of the Internal Revenue Code of 1986, as amended (the “Code”), as in effect as of
such day (or, if as a result of a change in the Code, the rate of income taxation imposed on
corporations generally shall not be applicable to the holder hereof, the maximum statutory rate
of federal income taxation which could apply to the Lender as of such day), expressed as a
decimal. “Taxable Date” means the date on which the interest on this Bond is first includable in
gross income of the Registered Owner hereof as a result of an Event of Taxability as such date is
established by the Commissioner, any other officer or representative of the Internal Revenue
Service, (or any other governmental official or agent exercising the same or a substantially similar
function from time to time), court of competent jurisdiction or an opinion of nationally recognized
bond counsel, which date may be as early as the Dated Date of this Bond.
This adjustment shall survive payment of this Bond until such time as the federal statute
of limitations under which the interest on this Bond could be declared taxable under the Code
shall have expired.
The Registered Owner hereof may sell, transfer or otherwise assign its rights and obligations
under this Bond in whole only, without the consent of the Issuer, to (i) an affiliate of the Registered
Owner hereof or (ii) any bank, trust company, savings institution or insurance company that is
engaged as a regular part of its business in making loans in the State of Florida that is an
“Accredited Investor” (as defined in Regulation D under the Securities Act of 1933, as amended)
or a “qualified institutional buyer” (as defined in Rule 144A under the Securities Act of 1933, as
amended) as contemplated by Section 517.061(7), Florida Statutes. This Bond may be transferred
only upon the books of the Issuer kept by the Bond Registrar upon surrender hereof, at the office of
the Bond Registrar with an assignment duly executed by the Registered Owner or his duly
authorized attorney and delivery of a Lender’s Certificate substantially in the form attached as
Exhibit A to the Resolution, but only in the manner, subject to the limitations and upon payment of
a sum sufficient to cover any tax, fee or governmental charge, if any, that may be imposed in
connection with any such transfer, as provided in the Resolution. Upon any such transfer, there
shall be executed in the name of the transferee, and the Bond Registrar shall deliver, a new registered
bond or bonds of authorized denominations and in the same aggregate principal amount, series,
maturity and interest rate as this bond.
It is hereby certified and recited that all acts, conditions and things required to exist, to
happen and to be performed precedent to and in the issuance of this Bond exist, have happened and
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have been performed in regular and due form and time as required by the Statutes and Constitution
of the State of Florida applicable thereto; and that the issuance of this Bond and of the issue of bonds
of which this Bond is one, does not violate any constitutional or statutory limitation.
Prior to September 1, 2032, this Bond is not subject to prepayment. On and after
September 1, 2032, this Bond is subject to prepayment prior to its maturity at the option of the
Issuer in whole on any date at a price equal to par plus interest accrued thereon through the date
of prepayment. Further, on and after September 1, 2032, this Bond is subject to prepayment prior
to its maturity at the option of the Issuer in part one-time per calendar year in a minimum amount
of $250,000 on any March 1 or September 1 at a price equal to par plus interest accrued thereon
through the date of prepayment. For any prepayment in part, the partial prepayment shall be
applied pro rata across all remaining principal payments for this Bond.
Notice of such prepayment shall be given in the manner and to the extent required by the
Resolution.
This Bond shall not be valid or become obligatory for any purpose or be entitled to any
security or benefit under the Resolution until the certificate of authentication hereon shall have been
executed by the Bond Registrar.
IN WITNESS WHEREOF, the City of Crestview, Florida, has issued this Bond and has
caused the same to be executed by its Mayor, and countersigned and attested by its City Clerk, and
its corporate seal to be impressed, imprinted or otherwise reproduced hereon, all as of the Dated
Date identified above.
CITY OF CRESTVIEW, FLORIDA
(SEAL)
By:________________________________________
Mayor
ATTESTED AND COUNTERSIGNED:
_______________________________
City Clerk
CERTIFICATE OF AUTHENTICATION OF BOND REGISTRAR
This Bond is the bond described in the Resolution.
______________________,
as Bond Registrar
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By ________________________________________
[_____________]
Date of Authentication: December 17, 2021
_________________________________________________________________
The following abbreviations, when used in the inscription on the face of the within
bond, shall be construed as though they were written out in full according to applicable laws or
regulations:
TEN COM -as tenants in JT TEN - as joint tenants
common with right of survivorship
and not as tenants in
TEN ENT -as tenants by the common
entireties
UNIF GIF/TRANS MIN ACT - __________
(Cust.)
Custodian for _____________________
(Minor)
under Uniform Gifts/Transfers to
Minors Act of _____________________
(State)
Additional abbreviations may also be used though not in list above.
ASSIGNMENT
FOR VALUE RECEIVED, the undersigned sells, assigns and transfers to
_____________________________________________________
__________________________________________ (PLEASE INSERT NAME, ADDRESS
AND SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF ASSIGNEE) the within bond
and does hereby irrevocably constitute and appoint ______________________________ as his
agent to transfer the bond on the books kept for registration thereof, with full power of
substitution in the premises.
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Dated: ____________________
__________________________________
NOTICE: The signature to this assignment must
correspond with the name of the Registered Owner
as it appears upon the face of the within bond in
every particular, without alteration or enlargement or
change whatever.
[END OF FORM OF BOND]
SECTION 12. APPLICATION OF SERIES 2021 BOND PROCEEDS. The proceeds
received from the sale of the Series 2021 Bond shall be applied by the Issuer simultaneously with
the delivery of such Series 2021 Bond to the owner thereof, as follows:
(a) A sufficient amount of the Series 2021 Bond proceeds shall be applied to the
payment of the costs and expenses relating to the issuance of the Series 2021 Bond which must be
paid upon delivery of the Series 2021 Bond.
(b) Any remaining moneys from the Series 2021 Bond shall be deposited into the
Series 2021 Bonds Acquisition Fund (the “Acquisition Fund”) which is hereby created and which
shall be held by the Issuer, into which shall be paid the balance of the money remaining after making
all the deposits and payments provided in (a) above. The Acquisition Fund shall be kept separate
and apart from all other funds and accounts of the Issuer, and the money on deposit therein shall be
withdrawn, used and applied by the Issuer solely to the payment of the cost of the Series 2021 Project
and purposes incidental thereto, as described in the Resolution. If for any reason such proceeds or
any part thereof are not necessary for or are not applied to the payment of such cost, then the
unapplied proceeds shall be deposited by the Issuer into the Sinking Fund for the payment of the
Series 2021 Bond. Any funds on deposit in the Acquisition Fund which, in the opinion of the Issuer,
are not immediately necessary for expenditure, as provided above, may be invested in Authorized
Investments maturing not later than the date on which such funds will be needed for payment of
the costs of the Series 2021 Project. All income derived therefrom shall be deposited in the Sinking
Fund. All such proceeds shall be and constitute trust funds for such purposes, and there is hereby
created a lien upon such money until so applied in favor of the holders of the Series 2021 Bond.
Upon an Event of Default, all amounts on deposit in the Acquisition Fund shall be applied to
immediately repay the outstanding principal, premium, if any, and accrued interest on the Series
2021 Bond.
SECTION 13. TAX COVENANTS; BANK QUALIFIED.
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The Issuer covenants to the Holders provided for in this Resolution that the Issuer will
not make any use of the proceeds of the Series 2021 Bond at any time during the term of the Bond
which would cause the Bond to be an "arbitrage bond" within the meaning of the Code. The
Issuer will comply with the requirements of the Code and any valid and applicable rules and
regulations promulgated thereunder necessary to ensure the exclusion of interest on the Bond
from the gross income of the holders thereof for purposes of federal income taxation.
The Issuer hereby designates the Series 2021 Bond as a "qualified tax-exempt obligation"
within the meaning of Section 265(b)(3) of the Code. The Issuer does not reasonably expect during
the calendar year 2021 to issue more than $10,000,000 of "tax-exempt" obligations including the
Series 2021 Bond, exclusive of any private activity bonds as defined in Section 141(a) of the Code
(other than qualified 501(c)(3) bonds as defined in Section 145 of the Code).
SECTION 14. NO RESERVE FUND FOR SERIES 2021 BOND. The Series 2021 Bond
shall not be secured by the Reserve Account and the debt service related thereto shall be omitted
from the calculation of the Reserve Account Requirement.
SECTION 15. REMEDIES. Upon the occurrence of any Event of Default the Lender may
exercise any remedy available at law or in equity.
SECTION 16. SEVERABILITY. If any one or more of the covenants, agreements or
provisions of this Resolution should be held contrary to any express provision of law or contrary
to the policy of express law, though not expressly prohibited, or against public policy, or shall for
any reason whatsoever be held invalid or shall in any manner be held to adversely affect the
validity of the Series 2021 Bond, then such covenants, agreements or provisions shall be null and
void and shall be deemed separate from the remaining covenants, agreements or provisions of
this Resolution or of the Series 2021 Bond issued hereunder. Typographical errors and other
matters of a similar nature that do not affect the intent of this Resolution, as determined by the
City Clerk and Issuer Attorney, may be corrected.
SECTION 17. WAIVER OF JURY TRIAL. To the extent permitted by applicable law,
each of the Issuer and the Lender, knowingly, voluntarily and intentionally waives any right each
may have to a trial by jury with respect to any litigation based on, or arising out of, under or in
connection with the Series 2021 Bond or any agreement contemplated to be executed in connection
with the Series 2021 Bond, or any course of conduct, course of dealing, statements (whether verbal
or written) or actions of any party with respect hereto. This provision is a material inducement to
the Lender to acquire the Series 2021 Bond from the Issuer.
SECTION 18. GENERAL AUTHORITY. The members of the City Council of the Issuer
and the Issuer’s officers, attorneys and other agents and employees are hereby authorized to
perform all acts and things required of them by this Resolution or desirable or consistent with the
requirements hereof for the full, punctual and complete performance of all of the terms, covenants
and agreements and are hereby authorized to execute and deliver all documents which shall be
required by Bond Counsel or the initial Lender of the Series 2021 Bond to effectuate the sale of
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Page 15
the Series 2021 Bond to said initial Lender.
SECTION 19. NO THIRD PARTY BENEFICIARIES. Except such other Persons as may
be expressly described herein or in the Series 2021 Bond, nothing in this Resolution, or in the
Series 2021 Bond, expressed or implied, is intended or shall be construed to confer upon any
Person other than the Issuer and the Holder of the Series 2021 Bond, any right, remedy or claim,
legal or equitable, under and by reason of this Resolution or any provision hereof, or of the Series
2021 Bond, all provisions hereof and thereof being intended to be and being for the sole and
exclusive benefit of the Issuer and the Persons who shall from time to time be the Holders.
SECTION 20. NO PERSONAL LIABILITY. Neither the members of the City Council of
the Issuer nor any person executing the Series 2021 Bond shall be personally liable therefor or be
subject to any personal liability or accountability by reason of the issuance thereof.
SECTION 21. RATIFICATION; REPEAL OF INCONSISTENT INSTRUMENTS. The
provisions and terms and conditions of the Resolution are hereby ratified, confirmed and
approved. All other resolutions of the Issuer, or parts thereof, in conflict herewith are hereby
repealed to the extent of such conflict.
SECTION 22. EFFECTIVE DATE. The provisions of this Resolution shall take effect
immediately upon its passage.
PASSED AND ADOPTED THIS 13th day of December, 2021.
(SEAL) CITY COUNCIL
ATTEST:By: ______________________________
Mayor
_____________________________
City Clerk
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Page 16
EXHIBIT A
FORM OF LENDER’S CERTIFICATE
This is to certify that Pinnacle Public Finance, Inc. (the “Lender”) has not required the City
of Crestview, Florida (the “Issuer”) to deliver any offering document and has conducted its own
investigation, to the extent it deems satisfactory or sufficient, into matters relating to business
affairs or conditions (either financial or otherwise) of the Issuer in connection with the delivery
of the Issuer's Water and Sewer Revenue Bond, Series 2021 (the "Bond"), and no inference should
be drawn that the Lender, in the acceptance of the Bond, is relying on Bryant Miller Olive P.A.
(“Bond Counsel”), Jonathon Holloway, P.A. (“Issuer Attorney”), as to any such matters other
than the legal opinions rendered by Bond Counsel and by the Issuer Attorney. Any capitalized
undefined terms used herein not otherwise defined shall have the meaning set forth in the Bond.
We acknowledge and understand that Resolution No. __ adopted by the City Council of
the Issuer on December 13, 2021 (the “Resolution”) is not being qualified under the Trust
Indenture Act of 1939, as amended, and is not being registered in reliance upon the exemption
from registration under Section 3(a)(2) of the Securities Act of 1933, as amended, Section
517.051(1), Florida Statutes, and/or Section 517.061(7), Florida Statutes, and that neither the Issuer,
Bond Counsel, nor the Issuer Attorney shall have any obligation to effect any such registration or
qualification.
We are buying the Bond for our own loan account and do not currently intend to syndicate
the Bond. We acknowledge and understand that, based on the structure and particulars of the
Bond as set forth therein and in the Resolution, no filing will be made with respect to the Bond
with the Electronic Municipal Market Access website of the Municipal Securities Rulemaking
Board. We are not acting as a broker or other intermediary, and are funding the Bond from our
own capital for our own account and not with a present view to a resale or other distribution to
the public.
We understand that the Bond is issued in a single denomination equal to the principal
amount due under the Bond and may not be transferred except in whole in accordance with the
terms of Section 8 of the Resolution and the Bond, and will not be transferred to any kind of trust
under any circumstances. We understand that the Bond may not be transferred in denominations
less than $250,000, even in whole. The Bond will only be transferred sold or otherwise assigned
to (i) an affiliate of the Lender or (ii) a bank, trust company, savings institution or insurance
company that is engaged as a regular part of its business in making loans in the State of Florida
that delivers a duly executed Lender’s Certificate to the Bond Registrar in substantially the form
hereof.
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Page 17
We are a qualified institutional buyer as contemplated by Section 517.061(7), Florida
Statutes. We are not funding the Bond for the direct or indirect promotion of any scheme or
enterprise with the intent of violating or evading any provision of Chapter 517, Florida Statutes.
We acknowledge and understand that there will be no CUSIP number obtained for the
Bond or the Bond and no credit rating will be obtained on the Bond.
Neither the Lender nor any of its affiliates acts as a fiduciary for the Issuer or in the
capacity of broker, dealer, municipal securities underwriter or municipal advisor with respect to
the proposed issuance of the Bond. Neither the Lender nor any of its affiliates has provided, and
will not provide, financial, legal, tax, accounting or other advice to or on behalf of the Issuer with
respect to the proposed issuance of the Bond. The Issuer has represented to the Lender that it has
sought and obtained financial, legal, tax, accounting and other advice (including as it relates to
structure, timing, terms and similar matters) with respect to the proposed issuance of the Bond
from its financial, legal and other advisors (and not the Lender or any of its affiliates) to the extent
that the Issuer desired to obtain such advice.
DATED this 17th day of December, 2021.
PINNACLE PUBLIC FINANCE, INC.
By:
Name: Cathleen D. Jimenez
Title: Managing Director and Executive Vice
President
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Page 18
EXHIBIT B
FORM OF DISCLOSURE LETTER
The undersigned, as lender, proposes to negotiate with the City of Crestview, Florida (the
“Issuer”) for the acquisition of the Issuer’s Water and Sewer Revenue Bond, Series 2021, dated
the date hereof from the Issuer to Pinnacle Public Finance, Inc. (the “Lender”) in an amount of
$5,075,000 (the “Bond”). Prior to the award of the Bond, the following information is hereby
furnished to the Issuer:
(a) Set forth is an itemized list of the nature and estimated amounts of expenses to be
incurred for services rendered to the Lender in connection with the issuance of the Bond (such
fees and expenses to be paid by the Issuer):
Chapman and Cutler LLP
Lender's Counsel
$6,500.00
(b) (a) No fee, bonus or other compensation is estimated to be paid by the Lender in
connection with the delivery of the Bond to any person not regularly employed or retained by
the Lender (including any “finder” as defined in Section 218.386(1)(a), Florida Statutes).
(b) No person has entered into an understanding with the Lender, or to the knowledge
of the Lender, with the Issuer, for any paid or promised compensation or valuable consideration,
directly or indirectly, expressly or implied, to act solely as an intermediary between the Issuer
and the Lender or to exercise or attempt to exercise any influence to effect any transaction in the
extension of credit evidenced by of the Bond.
(c) The amount of the underwriting spread expected to be realized by the Lender is
$0.
(d) The management fee to be charged by the Lender is $0.
(e) Truth-in-Bonding Statement:
The Bond is being issued primarily to finance the Series 2021 Project as defined in the
hereinafter mentioned Resolution. Unless earlier redeemed, the Bond is expected is expected to
bear interest at an annual interest rate of 2.09% and finally mature on September 1, 2031. Total
interest paid over the life of the Bond is estimated to equal $1,261,956.51.
The Bond will be payable solely from the Net Revenues, as defined in the Bond, in a
manner sufficient to pay the principal of, premium, if any, and interest due on the Bond, as
described in the Bond and Resolution No. 2022-6 of the Issuer adopted on December 13, 2021.
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Issuance of the Bond is estimated to result in a maximum of approximately $315,827.50 of Net
Revenues of the Issuer not being available to finance the other services of the Issuer in each year
during the life of the Bond.
(f) The name and address of the Lender is as follows:
Pinnacle Public Finance, Inc.
8377 E. Hartford Drive, Suite 115
Scottsdale, Arizona 85255
Attn: Operations Manager
This Disclosure Letter is for informational purposes only and shall not affect or control
the actual terms and conditions of the Bond.
IN WITNESS WHEREOF, the undersigned has executed this Disclosure Letter on behalf
of the Lender this 17th day of December, 2021.
PINNACLE PUBLIC FINANCE, INC.
By:
Name: Cathleen D. Jimenez
Title: Managing Director and Executive Vice
President
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City of Crestview, Florida
Water and Sewer Revenue Bond, Series 2021
Bank Loan RFP Summary
Proposals received November 22, 2021
BB&T/TRUIST Bank United Sterling National Bank Synovus
Proposal
Requirements
Contact Information
Andrew G. Smith
Senior Vice President
5130 Parkway Plaza Blvd
Charlotte, NC 28217
Office: (803) 251-1328
Blair Swain
Senior Vice President, Direct
Markets
Pinnacle Public Finance, Inc.
a BankUnited Company
8377 E. Hartford Drive, Suite
115
Scottsdale, AZ 85255
(480) 688-4064
BSwain@BankUnited.com
Mark A. Cargo
Managing Director
9667 Ravenscroft LN
NW Concord, NC 28027
704-287-4493
Email: mcargo@snb.com
Website: www.snb.com
Andy LaFear
Government Banking
Solutions – Relationship
Manager
7768 Ozark Drive, Suite 100
Jacksonville, Florida 32256
(904) 997-7646 (Office)
(904) 347-7068 (Cell)
Tax Exempt (Bank
Qualified) Fixed
Interest Rate
2.15% 2.50% 1.87% 2.09% 2.08% 2.33% 2.38%
Final Maturity 15 years
(2037)
20 years
(2042)
15 years
(2037)
20 years (2042) 15 years
(2037)
20 years
(2042)
15 years (2037)
Rate Locked to
Closing, or Date to
be set
Rates are valid for a closing
date not later than
January 2, 2022
The above rate is valid through
December 17, 2021.
The Interest Rates
quoted above are valid
through the Anticipated
Closing Date.
Rates are valid until Dec 22,
2021
Call Provisions
(1) Prepayable in whole at
any time at 101% for first
half of term
(2)Second half of the term
and Prepayable in whole at
any time without penalty.
Prior to September 1, 2029 –
(15 yrs) and 2032 ( 20 yrs),
the Loan is not subject to
prepayment. Beginning
September 1, 2029 or 2032,
the Loan is subject to
prepayment in whole or in
part any time at a price equal
to par plus accrued interest.
Year: Percentage:
1-5 No Call
6-8 101%
Thereafter 100%
Year: Percentage:
1-3 102%
Thereafter 100%
Legal/Other Fees $7,500 $6,500 $0 $7,500
Amount Not to exceed $5,075,000 Not to exceed $5,075,000 Not to exceed $5,075,000 Not to exceed $5,075,000
Other Conditions 1.20x
Additional Bonds Test
• The Lender assumes the
Borrower will be subject to
an Additional Bonds Test
requiring a minimum of
1.20X coverage.
• Lender will request that
the Borrower agrees to
provide its CAFR within 270
days
• The Lender requests a
default rate of 5%
• See proposal for other
conditions
The “Bonds” proceeds shall
be funded into an escrow
account
(the “Escrow Fund”), with
disbursements made as
needed. The
Escrow shall be set up with
Sterling National Bank and
will be
collateralized as required
by the State of Florida.
See proposal for additional
conditions.
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CITY OF CRESTVIEW Item # 9.3.
Staff Report
CITY COUNCIL MEETING DATE: December 13, 2021
TYPE OF AGENDA ITEM: Action Item
TO:Mayor and City Council
CC:City Manager, City Clerk, Staff and Attorney
FROM:Tim Bolduc, City Manager
DATE:12/9/2021
SUBJECT:Florida Opioid Litigation
BACKGROUND:
Opioid addiction is a national epidemic. Several years ago, many states and local government entities began
pursuing manufacturers of opioid products to attempt to recover costs expended responding to opioid
abuse. The State of Florida and lawyers representing certain various local governments involved in the Opioid
Litigation have proposed a unified plan for the allocation and use of prospective settlement dollars from opioid
related litigation, which is part of a proposed national settlement negotiated with several manufacturers that
will provide funds for opioid abuse abatement programs.
DISCUSSION:
The Florida Memorandum of Understanding (the “Florida Plan”) sets forth a framework of a unified plan for
the proposed allocation and use of opioid settlement proceeds and it is anticipated that formal agreements
implementing the Florida Plan will be entered into at a future date. Participation in the Florida Plan by a large
majority of Florida cities and counties will materially increase the amount of funds to Florida and should
improve Florida’s relative bargaining position during additional settlement negotiations. To the contrary,
failure to participate in the Florida Plan will reduce funds available to the State, and every Florida city and
county.
This item requests a formal resolution be adopted supporting the Florida Plan. However, because of the
relatively small dollars that may flow to the City and the restrictions on how this money may be used (i.e., for
abatement and training related to opioid abuse), it is anticipated that cities like Crestview may partner with
Okaloosa County to pool community dollars into a county-wide plan that could better achieve the goals of the
settlement. At this time, we are not committing to any particular use of funds or any particular partnership or
collaboration. This is only a resolution recognizing the City of Crestview's formal support of the proposed
settlement.
GOALS & OBJECTIVES
This item is consistent with the goals in A New View Strategic Plan 2020 as follows;
Foundational- these are the areas of focus that make up the necessary foundation of a successful local
government.
Financial Sustainability- Achieve long term financial sustainability
Organizational Capacity, Effectiveness & Efficiency- To efficiently & effectively provide the highest quality
of public services
Infrastructure- Satisfy current and future infrastructure needs
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Communication- To engage, inform and educate public and staff
Quality of Life- these areas focus on the overall experience when provided by the city.
Community Character- Promote desirable growth with a hometown atmosphere
Safety- Ensure the continuous safety of citizens and visitors
Mobility- Provide safe, efficient and accessible means for mobility
Opportunity- Promote an environment that encourages economic and educational opportunity
Play- Expand recreational and entertainment activities within the City
Community Culture- Develop a specific identity for Crestview
FINANCIAL IMPACT
None at this time, as this proposed Resolution simply reflects the City's formal support of the proposed
settlement and distribution plan.
RECOMMENDED ACTION
Staff respectfully requests adoption of Resolution 2022-4, formally reflecting the City's support of the proposed
Florida opioid settlement.
Attachments
1.Crestview
2.Enclosures
3.Letter to Subdivisions Notice
4.Opiod Resolution
5.Opiod Settlement Extract
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RESOLUTION: 2022- 4
A Resolution Authorizing the City of Crestview (herein referred to as this
“Governmental Unit”) to join with the State of Florida and other local
governmental units as a participant in the Florida Memorandum of
Understanding and Formal Agreements Implementing a Unified Plan
WHEREAS, the City of Crestview has suffered harm from the opioid epidemic; and
WHEREAS, the City of Crestview recognizes that the entire State of Florida has suffered harm as a result from
the opioid epidemic; and
WHEREAS, the State of Florida has filed an action pending in Pasco County, Florida, and a number of Florida
Cities and Counties have also filed an action In re: National Prescription Opiate Litigation, MDL No. 2804
(N.D. Ohio) (the “Opioid Litigation”) and the City of Crestview is not a litigating participant in that action; and
WHEREAS, the State of Florida and lawyers representing certain various local governments involved in the
Opioid Litigation have proposed a unified plan for the allocation and use of prospective settlement dollars from
opioid related litigation; and
WHEREAS, the Florida Memorandum of Understanding (the “Florida Plan”) sets forth sets forth a framework
of a unified plan for the proposed allocation and use of opioid settlement proceeds and it is anticipated that
formal agreements implementing the Florida Plan will be entered into at a future date; and
WHEREAS, participation in the Florida Plan by a large majority of Florida cities and counties will materially
increase the amount of funds to Florida and should improve Florida’s relative bargaining position during
additional settlement negotiations; and
WHEREAS, failure to participate in the Florida Plan will reduce funds available to the State, the City of
Crestview and every other Florida city and county.
NOW, THEREFORE, BE IT RESOLVED BY the City of Crestview:
SECTION 1. That the City of Crestview finds that participation in the Florida Plan would be in the best interest
of the City of Crestview and its citizens in that such a plan ensures that almost all the settlement funds go to
abate and resolve the opioid epidemic and each and every city and county receives funds for the harm that it has
suffered.
SECTION 2. That the City of Crestview hereby expresses its support of a unified plan for the allocation and use
of opioid settlement proceeds as generally described in the Florida Plan, attached hereto as Exhibit “A.”
SECTION 3. That the City of Crestview is hereby expressly authorized to execute the Florida Plan in
substantially the form contained in Exhibit “A.”
SECTION 4. That the City of Crestview is hereby authorized to execute any formal agreements implementing a
unified plan for the allocation and use of opioid settlement proceeds that is not substantially inconsistent with
the Florida Plan and this Resolution.
SECTION 5. That the City Clerk be hereby instructed to record this Resolution in the appropriate record book
upon its adoption.
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SECTION 6. The City Clerk of the City of Crestview is hereby directed to furnish a certified copy of this
resolution to the Florida League of Cities, and Attorney General Ashley Moody c\o John M. Guard The
Capitol, PL-01, Tallahassee, FL 32399-1050.
SECTION 7. This Resolution shall take effect immediately upon its adoption.
Adopted this ___ day of , 2021.
Approved:
_____________________________
Mayor JB Whitten
City Clerk Maryanne Schrader
ATTEST:
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000003/01288125_1
PROPOSAL
MEMORANDUM OF UNDERSTANDING
Whereas, the people of the State of Florida and its communities have been harmed by
misfeasance, nonfeasance and malfeasance committed by certain entities within the
Pharmaceutical Supply Chain;
Whereas, the State of Florida, through its Attorney General, and certain Local
Governments, through their elected representatives and counsel, are separately engaged in
litigation seeking to hold Pharmaceutical Supply Chain Participants accountable for the damage
caused by their misfeasance, nonfeasance and malfeasance;
Whereas, the State of Florida and its Local Governments share a common desire to abate
and alleviate the impacts of that misfeasance, nonfeasance and malfeasance throughout the State
of Florida;
Whereas, it is the intent of the State of Florida and its Local Governments to use the
proceeds from Settlements with Pharmaceutical Supply Chain Participants to increase the amount
of funding presently spent on opioid and substance abuse education, treatment and other related
programs and services, such as those identified in Exhibits A and B, and to ensure that the funds
are expended in compliance with evolving evidence-based “best practices”;
Whereas, the State of Florida and its Local Governments, subject to the completion of
formal documents that will effectuate the Parties’ agreements, enter into this Memorandum of
Understanding (“MOU”) relating to the allocation and use of the proceeds of Settlements described
herein; and
Whereas, this MOU is a preliminary non-binding agreement between the Parties, is not
legally enforceable, and only provides a basis to draft formal documents which will effectuate the
Parties’ agreements.
A. Definitions
As used in this MOU:
1. “Approved Purpose(s)” shall mean forward-looking strategies, programming and
services used to expand the availability of treatment for individuals impacted by substance use
disorders, to: (a) develop, promote, and provide evidence-based substance use prevention
strategies; (b) provide substance use avoidance and awareness education; (c) decrease the
oversupply of licit and illicit opioids; and (d) support recovery from addiction. Approved Purposes
shall include, but are not limited to, the opioid abatement strategies listed on Exhibits A and B
which are incorporated herein by reference.
2. “Local Governments” shall mean all counties, cities, towns and villages located
within the geographic boundaries of the State.
3. “Managing Entities” shall mean the corporations selected by and under contract
with the Florida Department of Children and Families or its successor (“DCF”) to manage the
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daily operational delivery of behavioral health services through a coordinated system of care. The
singular “Managing Entity” shall refer to a singular of the Managing Entities.
4. “County” shall mean a political subdivision of the state established pursuant to s.
1, Art. VIII of the State Constitution.
5. “Municipalities” shall mean cities, towns, or villages of a County within the State
with a Population greater than 10,000 individuals and shall also include cities, towns or villages
within the State with a Population equal to or less than 10,000 individuals which filed a Complaint
in this litigation against Pharmaceutical Supply Chain Participants. The singular “Municipality”
shall refer to a singular of the Municipalities.
6. ‘‘Negotiating Committee” shall mean a three-member group comprised by
representatives of the following: (1) the State; and (2) two representatives of Local Governments
of which one representative will be from a Municipality and one shall be from a County
(collectively, “Members”) within the State. The State shall be represented by the Attorney General
or her designee.
7. “Negotiation Class Metrics” shall mean those county and city settlement allocations
which come from the official website of the Negotiation Class of counties and cities certified on
September 11, 2019 by the U.S. District for the Northern District of Ohio in In re National
Prescription Opiate Litigation, MDL No. 2804 (N.D. Ohio). The website is located at
https://allocationmap.iclaimsonline.com.
8. “Opioid Funds” shall mean monetary amounts obtained through a Settlement as
defined in this MOU.
9. “Opioid Related” shall have the same meaning and breadth as in the agreed Opioid
Abatement Strategies attached hereto as Exhibits A or B.
10. “Parties” shall mean the State and Local Governments. The singular word “Party”
shall mean either the State or Local Governments.
11. “PEC” shall mean the Plaintiffs’ Executive Committee of the National Prescription
Opiate Multidistrict Litigation pending in the United States District Court for the Northern District
of Ohio.
12. “Pharmaceutical Supply Chain” shall mean the process and channels through which
Controlled Substances are manufactured, marketed, promoted, distributed or dispensed.
13. “Pharmaceutical Supply Chain Participant” shall mean any entity that engages in,
or has engaged in the manufacture, marketing, promotion, distribution or dispensing of an opioid
analgesic.
14. “Population” shall refer to published U.S. Census Bureau population estimates as
of July 1, 2019, released March 2020, and shall remain unchanged during the term of this MOU.
These estimates can currently be found at https://www.census.gov
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15. “Qualified County” shall mean a charter or non-chartered county within the State
that: has a Population of at least 300,000 individuals and (a) has an opioid taskforce of which it is
a member or operates in connection with its municipalities or others on a local or regional basis;
(b) has an abatement plan that has been either adopted or is being utilized to respond to the opioid
epidemic; (c) is currently either providing or is contracting with others to provide substance abuse
prevention, recovery, and treatment services to its citizens; and (d) has or enters into an agreement
with a majority of Municipalities (Majority is more than 50% of the Municipalities’ total
population) related to the expenditure of Opioid Funds. The Opioid Funds to be paid to a Qualified
County will only include Opioid Funds for Municipalities whose claims are released by the
Municipality or Opioid Funds for Municipalities whose claims are otherwise barred.
16. “SAMHSA” shall mean the U.S. Department of Health & Human Services,
Substance Abuse and Mental Health Services Administration.
17. “Settlement” shall mean the negotiated resolution of legal or equitable claims
against a Pharmaceutical Supply Chain Participant when that resolution has been jointly entered
into by the State and Local Governments or a settlement class as described in (B)(1) below.
18. “State” shall mean the State of Florida.
B. Terms
1. Only Abatement - Other than funds used for the Administrative Costs and Expense
Fund as hereinafter described in paragraph 6 and paragraph 9, respectively), all Opioid Funds shall
be utilized for Approved Purposes. To accomplish this purpose, the State will either file a new action
with Local Governments as Parties or add Local Governments to its existing action, sever settling
defendants, and seek entry of a consent order or other order binding both the State, Local
Governments, and Pharmaceutical Supply Chain Participant(s) (“Order”). The Order may be part
of a class action settlement or similar device. The Order shall provide for continuing jurisdiction of
a state court to address non-performance by any party under the Order. Any Local Government that
objects to or refuses to be included under the Order or entry of documents necessary to effectuate a
Settlement shall not be entitled to any Opioid Funds and its portion of Opioid Funds shall be
distributed to, and for the benefit of, the other Local Governments.
2. Avoid Claw Back and Recoupment - Both the State and Local Governments wish
to maximize any Settlement and Opioid Funds. In addition to committing to only using funds for
the Expense Funds, Administrative Costs and Approved Purposes, both Parties will agree to utilize
a percentage of funds for the core strategies highlighted in Exhibit A. Exhibit A contains the
programs and strategies prioritized by the U.S. Department of Justice and/or the U.S. Department
of Health & Human Services (“Core Strategies”). The State is trying to obtain the United States’
agreement to limit or reduce the United States’ ability to recover or recoup monies from the State
and Local Government in exchange for prioritization of funds to certain projects. If no agreement
is reached with the United States, then there will be no requirement that a percentage be utilized
for Core Strategies.
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3. Distribution Scheme - All Opioid Funds will initially go to the State, and then be
distributed according to the following distribution scheme. The Opioid Funds will be divided into
three funds after deducting costs of the Expense Fund detailed in paragraph 9 below:
(a) City/County Fund- The city/county fund will receive 15% of all Opioid Funds to
directly benefit all Counties and Municipalities. The amounts to be distributed to
each County and Municipality shall be determined by the Negotiation Class Metrics
or other metrics agreed upon, in writing, by a County and a Municipality. For Local
Governments that are not within the definition of County or Municipality, those
Local Governments may receive that government’s share of the City/County Fund
under the Negotiation Class Metrics, if that government executes a release as part
of a Settlement. Any Local Government that is not within the definition of County
or Municipality and that does not execute a release as part of a Settlement shall
have its share of the City/County Fund go to the County in which it is located.
(b) Regional Fund- The regional fund will be subdivided into two parts.
(i) The State will annually calculate the share of each County within the State
of the regional fund utilizing the sliding scale in section 4 of the allocation
contained in the Negotiation Class Metrics or other metrics that the Parties
agree upon.
(ii) For Qualified Counties, the Qualified County’s share will be paid to the
Qualified County and expended on Approved Purposes, including the
Core Strategies identified in Exhibit A, if applicable.
(iii) For all other Counties, the regional share for each County will be paid to
the Managing Entities providing service for that County. The Managing
Entities will be required to expend the monies on Approved Purposes,
including the Core Strategies. The Managing Entities shall endeavor to
the greatest extent possible to expend these monies on counties within
the State that are non-Qualified Counties and to ensure that there are
services in every County.
(c) State Fund - The remainder of Opioid Funds after deducting the costs of the
Expense Fund detailed in paragraph 9, the City/County Fund and the Regional Fund
will be expended by the State on Approved Purposes, including the provisions
related to Core Strategies, if applicable.
(d) To the extent that Opioid Funds are not appropriated and expended in a year by the
State, the State shall identify the investments where settlement funds will be
deposited. Any gains, profits, or interest accrued from the deposit of the Opioid
Funds to the extent that any funds are not appropriated and expended within a
calendar year, shall be the sole property of the Party that was entitled to the initial
deposit.
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4. Regional Fund Sliding Scale- The Regional Fund shall be calculated by utilizing
the following sliding scale of the Opioid Funds available in any year:
A. Years 1-6: 40%
B. Years 7-9: 35%
C. Years 10-12: 34%
D. Years 13-15: 33%
E. Years 16-18: 30%
5. Opioid Abatement Taskforce or Council - The State will create an Opioid
Abatement Taskforce or Council (sometimes hereinafter “Taskforce” or “Council”) to advise the
Governor, the Legislature, Florida’s Department of Children and Families (“DCF”), and Local
Governments on the priorities that should be addressed as part of the opioid epidemic and to review
how monies have been spent and the results that have been achieved with Opioid Funds.
(a) Size - The Taskforce or Council shall have ten Members equally balanced between
the State and the Local Governments.
(b) Appointments Local Governments - Two Municipality representatives will be
appointed by or through Florida League of Cities. Two county representatives, one
from a Qualified County and one from a county within the State that is not a
Qualified County, will be appointed by or through the Florida Association of
Counties. The final representative will alternate every two years between being a
county representative (appointed by or through Florida Association of Counties) or
a Municipality representative (appointed by or through the Florida League of
Cities). One Municipality representative must be from a city of less than 50,000
people. One county representative must be from a county less than 200,000 people
and the other county representative must be from a county whose population
exceeds 200,000 people.
(c) Appointments State -
(i) The Governor shall appoint two Members.
(ii) The Speaker of the House shall appoint one Member.
(iii) The Senate President shall appoint one Member.
(iv) The Attorney General or her designee shall be a Member.
(d) Chair - The Attorney General or designee shall be the chair of the Taskforce or
Council.
(e) Term - Members will be appointed to serve a two-year term.
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(f) Support - DCF shall support the Taskforce or Council and the Taskforce or Council
shall be administratively housed in DCF.
(g) Meetings - The Taskforce or Council shall meet quarterly in person or virtually
using communications media technology as defined in section 120.54(5)(b)(2),
Florida Statutes.
(h) Reporting - The Taskforce or Council shall provide and publish a report annually
no later than November 30th or the first business day after November 30th, if
November 30th falls on a weekend or is otherwise not a business day. The report
shall contain information on how monies were spent the previous fiscal year by the
State, each of the Qualified Counties, each of the Managing Entities, and each of
the Local Governments. It shall also contain recommendations to the Governor,
the Legislature, and Local Governments for priorities among the Approved
Purposes for how monies should be spent the coming fiscal year to respond to the
opioid epidemic.
(i) Accountability - Prior to July 1st of each year, the State and each of the Local
Governments shall provide information to DCF about how they intend to expend
Opioid Funds in the upcoming fiscal year. The State and each of the Local
Government shall report its expenditures to DCF no later than August 31st for the
previous fiscal year. The Taskforce or Council will set other data sets that need to
be reported to DCF to demonstrate the effectiveness of Approved Purposes. All
programs and expenditures shall be audited annually in a similar fashion to
SAMHSA programs. Local Governments shall respond and provide documents to
any reasonable requests from the State for data or information about programs
receiving Opioid Funds.
(j) Conflict of Interest - All Members shall adhere to the rules, regulations and laws of
Florida including, but not limited to, Florida Statute §112.311, concerning the
disclosure of conflicts of interest and recusal from discussions or votes on
conflicted matters.
6. Administrative Costs- The State may take no more than a 5% administrative fee
from the State Fund (“Administrative Costs”) and any Regional Fund that it administers for
counties that are not Qualified Counties. Each Qualified County may take no more than a 5%
administrative fee from its share of the Regional Funds.
7. Negotiation of Non-Multistate Settlements - If the State begins negotiations with
a Pharmaceutical Supply Chain Participant that is separate and apart from a multi-state negotiation,
the State shall include Local Governments that are a part of the Negotiating Committee in such
negotiations. No Settlement shall be recommended or accepted without the affirmative votes of
both the State and Local Government representatives of the Negotiating Committee.
8. Negotiation of Multistate or Local Government Settlements - To the extent
practicable and allowed by other parties to a negotiation, both Parties agree to communicate with
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members of the Negotiation Committee regarding the terms of any other Pharmaceutical Supply
Chain Participant Settlement.
9. Expense Fund - The Parties agree that in any negotiation every effort shall be made
to cause Pharmaceutical Supply Chain Participants to pay costs of litigation, including attorneys’
fees, in addition to any agreed to Opioid Funds in the Settlement. To the extent that a fund
sufficient to pay the entirety of all contingency fee contracts for Local Governments in the State
of Florida is not created as part of a Settlement by a Pharmaceutical Supply Chain Participant, the
Parties agree that an additional expense fund for attorneys who represent Local Governments
(herein “Expense Fund”) shall be created out of the City/County fund for the purpose of paying
the hard costs of a litigating Local Government and then paying attorneys’ fees.
(a) The Source of Funds for the Expense Fund- Money for the Expense Fund shall be
sourced exclusively from the City/County Fund.
(b) The Amount of the Expense Fund- The State recognizes the value litigating Local
Governments bring to the State of Florida in connection with the Settlement
because their participation increases the amount Incentive Payments due from each
Pharmaceutical Supply Chain Participant. In recognition of that value, the amount
of funds that shall be deposited into the Expense fund shall be contingent upon on
the percentage of litigating Local Government participation in the Settlement,
according to the following table:
Litigating Local Government
Participation in the
Settlement (by percentage of
the population)
Amount that shall be paid
into the Expense Fund
from (and as a percentage
of) the City/County fund
96 to 100% 10%
91 to 95% 7.5%
86 to 90% 5%
85% 2.5%
Less than 85% 0%
If fewer than 85% percent of the litigating Local Governments (by population)
participate, then the Expense Fund shall not be funded, and this Section of the MOU
shall be null and void.
(c) The Timing of Payments into the Expense Fund- Although the amount of the
Expense Fund shall be calculated based on the entirety of payments due to the
City/County fund over a ten to eighteen year period, the Expense Fund shall be
funded entirely from payments made by Pharmaceutical Supply Chain Participants
during the first two years of the Settlement. Accordingly, to offset the amounts
being paid from the City/County to the Expense Fund in the first two years,
Counties or Municipalities may borrow from the Regional Fund during the first two
years and pay the borrowed amounts back to the Regional Fund during years three,
four, and five.
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For the avoidance of doubt, the following provides an illustrative example regarding the
calculation of payments and amounts that may be borrowed under the terms of this MOU,
consistent with the provisions of this Section:
Opioid Funds due to State of Florida and Local Governments (over 10 to 18 years): $1,000
Litigating Local Government Participation: 100%
City/County Fund (over 10 to 18 years): $150
Expense Fund (paid over 2 years): $15
Amount Paid to Expense Fund in 1st year: $7.5
Amount Paid to Expense Fund in 2nd year $7.5
Amount that may be borrowed from Regional Fund in 1st year: $7.5
Amount that may be borrowed from Regional Fund in 2nd year: $7.5
Amount that must be paid back to Regional Fund in 3rd year: $5
Amount that must be paid back to Regional Fund in 4th year: $5
Amount that must be paid back to Regional Fund in 5th year: $5
(d) Creation of and Jurisdiction over the Expense Fund- The Expense Fund shall be
established, consistent with the provisions of this Section of the MOU, by order of
the Circuit Court of the Sixth Judicial Circuit in and for Pasco County, West Pasco
Division New Port Richey, Florida, in the matter of The State of Florida, Office of
the Attorney General, Department of Legal Affairs v. Purdue Pharma L.P., et al.,
Case No. 2018-CA-001438 (the “Court”). The Court shall have jurisdiction over
the Expense Fund, including authority to allocate and disburse amounts from the
Expense Fund and to resolve any disputes concerning the Expense Fund.
(e) Allocation of Payments to Counsel from the Expense Fund- As part of the order
establishing the Expense Fund, counsel for the litigating Local Governments shall
seek to have the Court appoint a third-neutral to serve as a special master for
purposes of allocating the Expense Fund. Within 30 days of entry of the order
appointing a special master for the Expense Fund, any counsel who intend to seek
an award from the Expense Fund shall provide the copies of their contingency fee
contracts to the special master. The special master shall then build a mathematical
model, which shall be based on each litigating Local Government’s share under the
Negotiation Class Metrics and the rate set forth in their contingency contracts, to
calculate a proposed award for each litigating Local Government who timely
provided a copy of its contingency contract.
10. Dispute resolution- Any one or more of the Local Governments or the State may
object to an allocation or expenditure of Opioid Funds solely on the basis that the allocation or
expenditure at issue (a) is inconsistent with the Approved Purposes; (b) is inconsistent with the
distribution scheme as provided in paragraph 3, or (c) violates the limitations set forth herein with
respect to administrative costs or the Expense Fund. There shall be no other basis for bringing an
objection to the approval of an allocation or expenditure of Opioid Funds.
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Schedule A
Core Strategies
States and Qualifying Block Grantees shall choose from among the abatement strategies listed in
Schedule B. However, priority shall be given to the following core abatement strategies (“Core
Strategies”)[, such that a minimum of __% of the [aggregate] state-level abatement distributions shall
be spent on [one or more of] them annually].1
A. Naloxone or other FDA-approved drug to reverse opioid overdoses
1. Expand training for first responders, schools, community support groups and families; and
2. Increase distribution to individuals who are uninsured or whose insurance does not cover the needed
service.
B. Medication-Assisted Treatment (“MAT”) Distribution and other opioid-related treatment
1. Increase distribution of MAT to non-Medicaid eligible or uninsured individuals;
2. Provide education to school-based and youth-focused programs that discourage or prevent misuse;
3. Provide MAT education and awareness training to healthcare providers, EMTs, law enforcement,
and other first responders; and
4. Treatment and Recovery Support Services such as residential and inpatient treatment, intensive
outpatient treatment, outpatient therapy or counseling, and recovery housing that allow or integrate
medication with other support services.
C. Pregnant & Postpartum Women
1. Expand Screening, Brief Intervention, and Referral to Treatment (“SBIRT”) services to non-
Medicaid eligible or uninsured pregnant women;
2. Expand comprehensive evidence-based treatment and recovery services, including MAT, for women
with co-occurring Opioid Use Disorder (“OUD”) and other Substance Use Disorder (“SUD”)/Mental
Health disorders for uninsured individuals for up to 12 months postpartum; and
3. Provide comprehensive wrap-around services to individuals with Opioid Use Disorder (OUD)
including housing, transportation, job placement/training, and childcare.
D. Expanding Treatment for Neonatal Abstinence Syndrome
1. Expand comprehensive evidence-based and recovery support for NAS babies;
2. Expand services for better continuum of care with infant-need dyad; and
3. Expand long-term treatment and services for medical monitoring of NAS babies and their families.
1 As used in this Schedule A, words like “expand,” “fund,” “provide” or the like shall not indicate a preference for new or
existing programs. Priorities will be established through the mechanisms described in the Term Sheet.
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2
E. Expansion of Warm Hand-off Programs and Recovery Services
1. Expand services such as navigators and on-call teams to begin MAT in hospital emergency
departments;
2. Expand warm hand-off services to transition to recovery services;
3. Broaden scope of recovery services to include co-occurring SUD or mental health conditions. ;
4. Provide comprehensive wrap-around services to individuals in recovery including housing,
transportation, job placement/training, and childcare; and
5. Hire additional social workers or other behavioral health workers to facilitate expansions above.
F. Treatment for Incarcerated Population
1. Provide evidence-based treatment and recovery support including MAT for persons with OUD and
co-occurring SUD/MH disorders within and transitioning out of the criminal justice system; and
2. Increase funding for jails to provide treatment to inmates with OUD.
G. Prevention Programs
1. Funding for media campaigns to prevent opioid use (similar to the FDA’s “Real Cost” campaign to
prevent youth from misusing tobacco);
2. Funding for evidence-based prevention programs in schools.;
3. Funding for medical provider education and outreach regarding best prescribing practices for opioids
consistent with the 2016 CDC guidelines, including providers at hospitals (academic detailing);
4. Funding for community drug disposal programs; and
5. Funding and training for first responders to participate in pre-arrest diversion programs, post-
overdose response teams, or similar strategies that connect at-risk individuals to behavioral health
services and supports.
H. Expanding Syringe Service Programs
1. Provide comprehensive syringe services programs with more wrap-around services including linkage
to OUD treatment, access to sterile syringes, and linkage to care and treatment of infectious diseases.
I. Evidence-based data collection and research analyzing the effectiveness of the abatement strategies
within the State.
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3
Schedule B
Approved Uses
PART ONE: TREATMENT
A. TREAT OPIOID USE DISORDER (OUD)
Support treatment of Opioid Use Disorder (OUD) and any co-occurring Substance Use Disorder or
Mental Health (SUD/MH) conditions through evidence-based or evidence-informed programs or
strategies that may include, but are not limited to, the following:2
1. Expand availability of treatment for OUD and any co-occurring SUD/MH conditions, including all
forms of Medication-Assisted Treatment (MAT) approved by the U.S. Food and Drug Administration.
2. Support and reimburse evidence-based services that adhere to the American Society of Addiction
Medicine (ASAM) continuum of care for OUD and any co-occurring SUD/MH conditions
3. Expand telehealth to increase access to treatment for OUD and any co-occurring SUD/MH
conditions, including MAT, as well as counseling, psychiatric support, and other treatment and
recovery support services.
4. Improve oversight of Opioid Treatment Programs (OTPs) to assure evidence-based or evidence-
informed practices such as adequate methadone dosing and low threshold approaches to treatment.
5. Support mobile intervention, treatment, and recovery services, offered by qualified professionals and
service providers, such as peer recovery coaches, for persons with OUD and any co-occurring
SUD/MH conditions and for persons who have experienced an opioid overdose.
6. Treatment of trauma for individuals with OUD (e.g., violence, sexual assault, human trafficking, or
adverse childhood experiences) and family members (e.g., surviving family members after an overdose
or overdose fatality), and training of health care personnel to identify and address such trauma.
7. Support evidence-based withdrawal management services for people with OUD and any co-
occurring mental health conditions.
8. Training on MAT for health care providers, first responders, students, or other supporting
professionals, such as peer recovery coaches or recovery outreach specialists, including telementoring
to assist community-based providers in rural or underserved areas.
9. Support workforce development for addiction professionals who work with persons with OUD and
any co-occurring SUD/MH conditions.
10. Fellowships for addiction medicine specialists for direct patient care, instructors, and clinical
research for treatments.
11. Scholarships and supports for behavioral health practitioners or workers involved in addressing
OUD and any co-occurring SUD or mental health conditions, including but not limited to training,
2 As used in this Schedule B, words like “expand,” “fund,” “provide” or the like shall not indicate a preference for new or
existing programs. Priorities will be established through the mechanisms described in the Term Sheet.
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4
scholarships, fellowships, loan repayment programs, or other incentives for providers to work in rural
or underserved areas.
12. [Intentionally Blank – to be cleaned up later for numbering]
13. Provide funding and training for clinicians to obtain a waiver under the federal Drug Addiction
Treatment Act of 2000 (DATA 2000) to prescribe MAT for OUD, and provide technical assistance and
professional support to clinicians who have obtained a DATA 2000 waiver.
14. Dissemination of web-based training curricula, such as the American Academy of Addiction
Psychiatry’s Provider Clinical Support Service-Opioids web-based training curriculum and
motivational interviewing.
15. Development and dissemination of new curricula, such as the American Academy of Addiction
Psychiatry’s Provider Clinical Support Service for Medication-Assisted Treatment.
B. SUPPORT PEOPLE IN TREATMENT AND RECOVERY
Support people in treatment for or recovery from OUD and any co-occurring SUD/MH conditions
through evidence-based or evidence-informed programs or strategies that may include, but are not
limited to, the following:
1. Provide comprehensive wrap-around services to individuals with OUD and any co-occurring
SUD/MH conditions, including housing, transportation, education, job placement, job training, or
childcare.
2. Provide the full continuum of care of treatment and recovery services for OUD and any co-occurring
SUD/MH conditions, including supportive housing, peer support services and counseling, community
navigators, case management, and connections to community-based services.
3. Provide counseling, peer-support, recovery case management and residential treatment with access to
medications for those who need it to persons with OUD and any co-occurring SUD/MH conditions.
4. Provide access to housing for people with OUD and any co-occurring SUD/MH conditions,
including supportive housing, recovery housing, housing assistance programs, training for housing
providers, or recovery housing programs that allow or integrate FDA-approved medication with other
support services.
5. Provide community support services, including social and legal services, to assist in
deinstitutionalizing persons with OUD and any co-occurring SUD/MH conditions.
6. Support or expand peer-recovery centers, which may include support groups, social events, computer
access, or other services for persons with OUD and any co-occurring SUD/MH conditions.
7. Provide or support transportation to treatment or recovery programs or services for persons with
OUD and any co-occurring SUD/MH conditions.
8. Provide employment training or educational services for persons in treatment for or recovery from
OUD and any co-occurring SUD/MH conditions.
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5
9. Identify successful recovery programs such as physician, pilot, and college recovery programs, and
provide support and technical assistance to increase the number and capacity of high-quality programs
to help those in recovery.
10. Engage non-profits, faith-based communities, and community coalitions to support people in
treatment and recovery and to support family members in their efforts to support the person with OUD
in the family.
11. Training and development of procedures for government staff to appropriately interact and provide
social and other services to individuals with or in recovery from OUD, including reducing stigma.
12. Support stigma reduction efforts regarding treatment and support for persons with OUD, including
reducing the stigma on effective treatment.
13. Create or support culturally appropriate services and programs for persons with OUD and any co-
occurring SUD/MH conditions, including new Americans.
14. Create and/or support recovery high schools.
15. Hire or train behavioral health workers to provide or expand any of the services or supports listed
above.
C. CONNECT PEOPLE WHO NEED HELP TO THE HELP THEY NEED (CONNECTIONS
TO CARE)
Provide connections to care for people who have – or at risk of developing – OUD and any co-
occurring SUD/MH conditions through evidence-based or evidence-informed programs or strategies
that may include, but are not limited to, the following:
1. Ensure that health care providers are screening for OUD and other risk factors and know how to
appropriately counsel and treat (or refer if necessary) a patient for OUD treatment.
2. Fund Screening, Brief Intervention and Referral to Treatment (SBIRT) programs to reduce the
transition from use to disorders, including SBIRT services to pregnant women who are uninsured or not
eligible for Medicaid.
3. Provide training and long-term implementation of SBIRT in key systems (health, schools, colleges,
criminal justice, and probation), with a focus on youth and young adults when transition from misuse to
opioid disorder is common.
4. Purchase automated versions of SBIRT and support ongoing costs of the technology.
5. Expand services such as navigators and on-call teams to begin MAT in hospital emergency
departments.
6. Training for emergency room personnel treating opioid overdose patients on post-discharge planning,
including community referrals for MAT, recovery case management or support services.
7. Support hospital programs that transition persons with OUD and any co-occurring SUD/MH
conditions, or persons who have experienced an opioid overdose, into clinically-appropriate follow-up
care through a bridge clinic or similar approach.
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8. Support crisis stabilization centers that serve as an alternative to hospital emergency departments for
persons with OUD and any co-occurring SUD/MH conditions or persons that have experienced an
opioid overdose.
9. Support the work of Emergency Medical Systems, including peer support specialists, to connect
individuals to treatment or other appropriate services following an opioid overdose or other opioid-
related adverse event.
10. Provide funding for peer support specialists or recovery coaches in emergency departments, detox
facilities, recovery centers, recovery housing, or similar settings; offer services, supports, or
connections to care to persons with OUD and any co-occurring SUD/MH conditions or to persons who
have experienced an opioid overdose.
11. Expand warm hand-off services to transition to recovery services.
12. Create or support school-based contacts that parents can engage with to seek immediate treatment
services for their child; and support prevention, intervention, treatment, and recovery programs focused
on young people.
13. Develop and support best practices on addressing OUD in the workplace.
14. Support assistance programs for health care providers with OUD.
15. Engage non-profits and the faith community as a system to support outreach for treatment.
16. Support centralized call centers that provide information and connections to appropriate services
and supports for persons with OUD and any co-occurring SUD/MH conditions.
D. ADDRESS THE NEEDS OF CRIMINAL-JUSTICE-INVOLVED PERSONS
Address the needs of persons with OUD and any co-occurring SUD/MH conditions who are involved
in, are at risk of becoming involved in, or are transitioning out of the criminal justice system through
evidence-based or evidence-informed programs or strategies that may include, but are not limited to,
the following:
1. Support pre-arrest or pre-arraignment diversion and deflection strategies for persons with OUD and
any co-occurring SUD/MH conditions, including established strategies such as:
a. Self-referral strategies such as the Angel Programs or the Police Assisted Addiction Recovery
Initiative (PAARI);
b. Active outreach strategies such as the Drug Abuse Response Team (DART) model;
c. “Naloxone Plus” strategies, which work to ensure that individuals who have received
naloxone to reverse the effects of an overdose are then linked to treatment programs or other
appropriate services;
d. Officer prevention strategies, such as the Law Enforcement Assisted Diversion (LEAD)
model;
e. Officer intervention strategies such as the Leon County, Florida Adult Civil Citation Network
or the Chicago Westside Narcotics Diversion to Treatment Initiative; or
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f. Co-responder and/or alternative responder models to address OUD-related 911 calls with
greater SUD expertise
2. Support pre-trial services that connect individuals with OUD and any co-occurring SUD/MH
conditions to evidence-informed treatment, including MAT, and related services.
3. Support treatment and recovery courts that provide evidence-based options for persons with OUD
and any co-occurring SUD/MH conditions
4. Provide evidence-informed treatment, including MAT, recovery support, harm reduction, or other
appropriate services to individuals with OUD and any co-occurring SUD/MH conditions who are
incarcerated in jail or prison.
5. Provide evidence-informed treatment, including MAT, recovery support, harm reduction, or other
appropriate services to individuals with OUD and any co-occurring SUD/MH conditions who are
leaving jail or prison have recently left jail or prison, are on probation or parole, are under community
corrections supervision, or are in re-entry programs or facilities.
6. Support critical time interventions (CTI), particularly for individuals living with dual-diagnosis
OUD/serious mental illness, and services for individuals who face immediate risks and service needs
and risks upon release from correctional settings.
7. Provide training on best practices for addressing the needs of criminal-justice-involved persons with
OUD and any co-occurring SUD/MH conditions to law enforcement, correctional, or judicial personnel
or to providers of treatment, recovery, harm reduction, case management, or other services offered in
connection with any of the strategies described in this section.
E. ADDRESS THE NEEDS OF PREGNANT OR PARENTING WOMEN AND THEIR
FAMILIES, INCLUDING BABIES WITH NEONATAL ABSTINENCE SYNDROME
Address the needs of pregnant or parenting women with OUD and any co-occurring SUD/MH
conditions, and the needs of their families, including babies with neonatal abstinence syndrome (NAS),
through evidence-based or evidence-informed programs or strategies that may include, but are not
limited to, the following:
1. Support evidence-based or evidence-informed treatment, including MAT, recovery services and
supports, and prevention services for pregnant women – or women who could become pregnant – who
have OUD and any co-occurring SUD/MH conditions, and other measures to educate and provide
support to families affected by Neonatal Abstinence Syndrome.
2. Expand comprehensive evidence-based treatment and recovery services, including MAT, for
uninsured women with OUD and any co-occurring SUD/MH conditions for up to 12 months
postpartum.
3. Training for obstetricians or other healthcare personnel that work with pregnant women and their
families regarding treatment of OUD and any co-occurring SUD/MH conditions.
4. Expand comprehensive evidence-based treatment and recovery support for NAS babies; expand
services for better continuum of care with infant-need dyad; expand long-term treatment and services
for medical monitoring of NAS babies and their families.
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5. Provide training to health care providers who work with pregnant or parenting women on best
practices for compliance with federal requirements that children born with Neonatal Abstinence
Syndrome get referred to appropriate services and receive a plan of safe care.
6. Child and family supports for parenting women with OUD and any co-occurring SUD/MH
conditions.
7. Enhanced family supports and child care services for parents with OUD and any co-occurring
SUD/MH conditions.
8. Provide enhanced support for children and family members suffering trauma as a result of addiction
in the family; and offer trauma-informed behavioral health treatment for adverse childhood events.
9. Offer home-based wrap-around services to persons with OUD and any co-occurring SUD/MH
conditions, including but not limited to parent skills training.
10. Support for Children’s Services – Fund additional positions and services, including supportive
housing and other residential services, relating to children being removed from the home and/or placed
in foster care due to custodial opioid use.
PART TWO: PREVENTION
F. PREVENT OVER-PRESCRIBING AND ENSURE APPROPRIATE PRESCRIBING AND
DISPENSING OF OPIOIDS
Support efforts to prevent over-prescribing and ensure appropriate prescribing and dispensing of
opioids through evidence-based or evidence-informed programs or strategies that may include, but are
not limited to, the following:
1. Fund medical provider education and outreach regarding best prescribing practices for opioids
consistent with Guidelines for Prescribing Opioids for Chronic Pain from the U.S. Centers for Disease
Control and Prevention, including providers at hospitals (academic detailing).
2. Training for health care providers regarding safe and responsible opioid prescribing, dosing, and
tapering patients off opioids.
3. Continuing Medical Education (CME) on appropriate prescribing of opioids.
4. Support for non-opioid pain treatment alternatives, including training providers to offer or refer to
multi-modal, evidence-informed treatment of pain.
5. Support enhancements or improvements to Prescription Drug Monitoring Programs (PDMPs),
including but not limited to improvements that:
a. Increase the number of prescribers using PDMPs;
b. Improve point-of-care decision-making by increasing the quantity, quality, or format of data
available to prescribers using PDMPs, by improving the interface that prescribers use to access
PDMP data, or both; or
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c. Enable states to use PDMP data in support of surveillance or intervention strategies, including
MAT referrals and follow-up for individuals identified within PDMP data as likely to
experience OUD in a manner that complies with all relevant privacy and security laws and rules.
6. Ensuring PDMPs incorporate available overdose/naloxone deployment data, including the United
States Department of Transportation’s Emergency Medical Technician overdose database in a manner
that complies with all relevant privacy and security laws and rules.
7. Increase electronic prescribing to prevent diversion or forgery.
8. Educate Dispensers on appropriate opioid dispensing.
G. PREVENT MISUSE OF OPIOIDS
Support efforts to discourage or prevent misuse of opioids through evidence-based or evidence-
informed programs or strategies that may include, but are not limited to, the following:
1. Fund media campaigns to prevent opioid misuse.
2. Corrective advertising or affirmative public education campaigns based on evidence.
3. Public education relating to drug disposal.
4. Drug take-back disposal or destruction programs.
5. Fund community anti-drug coalitions that engage in drug prevention efforts.
6. Support community coalitions in implementing evidence-informed prevention, such as reduced
social access and physical access, stigma reduction – including staffing, educational campaigns, support
for people in treatment or recovery, or training of coalitions in evidence-informed implementation,
including the Strategic Prevention Framework developed by the U.S. Substance Abuse and Mental
Health Services Administration (SAMHSA).
7. Engage non-profits and faith-based communities as systems to support prevention.
8. Fund evidence-based prevention programs in schools or evidence-informed school and community
education programs and campaigns for students, families, school employees, school athletic programs,
parent-teacher and student associations, and others.
9. School-based or youth-focused programs or strategies that have demonstrated effectiveness in
preventing drug misuse and seem likely to be effective in preventing the uptake and use of opioids.
10. Create of support community-based education or intervention services for families, youth, and
adolescents at risk for OUD and any co-occurring SUD/MH conditions.
11. Support evidence-informed programs or curricula to address mental health needs of young people
who may be at risk of misusing opioids or other drugs, including emotional modulation and resilience
skills.
12. Support greater access to mental health services and supports for young people, including services
and supports provided by school nurses, behavioral health workers or other school staff, to address
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10
mental health needs in young people that (when not properly addressed) increase the risk of opioid or
other drug misuse.
H. PREVENT OVERDOSE DEATHS AND OTHER HARMS (HARM REDUCTION)
Support efforts to prevent or reduce overdose deaths or other opioid-related harms through evidence-
based or evidence-informed programs or strategies that may include, but are not limited to, the
following:
1. Increase availability and distribution of naloxone and other drugs that treat overdoses for first
responders, overdose patients, individuals with OUD and their friends and family members, individuals
at high risk of overdose, schools, community navigators and outreach workers, persons being released
from jail or prison, or other members of the general public.
2. Public health entities provide free naloxone to anyone in the community
3. Training and education regarding naloxone and other drugs that treat overdoses for first responders,
overdose patients, patients taking opioids, families, schools, community support groups, and other
members of the general public.
4. Enable school nurses and other school staff to respond to opioid overdoses, and provide them with
naloxone, training, and support.
5. Expand, improve, or develop data tracking software and applications for overdoses/naloxone
revivals.
6. Public education relating to emergency responses to overdoses.
7. Public education relating to immunity and Good Samaritan laws.
8. Educate first responders regarding the existence and operation of immunity and Good Samaritan
laws.
9. Syringe service programs and other evidence-informed programs to reduce harms associated with
intravenous drug use, including supplies, staffing, space, peer support services, referrals to treatment,
fentanyl checking, connections to care, and the full range of harm reduction and treatment services
provided by these programs.
10. Expand access to testing and treatment for infectious diseases such as HIV and Hepatitis C resulting
from intravenous opioid use.
11. Support mobile units that offer or provide referrals to harm reduction services, treatment, recovery
supports, health care, or other appropriate services to persons that use opioids or persons with OUD and
any co-occurring SUD/MH conditions.
12. Provide training in harm reduction strategies to health care providers, students, peer recovery
coaches, recovery outreach specialists, or other professionals that provide care to persons who use
opioids or persons with OUD and any co-occurring SUD/MH conditions.
13. Support screening for fentanyl in routine clinical toxicology testing.
Page 217 of 341
11
PART THREE: OTHER STRATEGIES
I. FIRST RESPONDERS
In addition to items in sections C, D, and H relating to first responders, support the following:
1. Educate law enforcement or other first responders regarding appropriate practices and precautions
when dealing with fentanyl or other drugs.
2. Provision of wellness and support services for first responders and others who experience secondary
trauma associated with opioid-related emergency events.
J. LEADERSHIP, PLANNING AND COORDINATION
Support efforts to provide leadership, planning, coordination, facilitation, training and technical
assistance to abate the opioid epidemic through activities, programs, or strategies that may include, but
are not limited to, the following:
1. Statewide, regional, local, or community regional planning to identify root causes of addiction and
overdose, goals for reducing harms related to the opioid epidemic, and areas and populations with the
greatest needs for treatment intervention services; to support training and technical assistance; or to
support other strategies to abate the opioid epidemic described in this opioid abatement strategy list.
2. A dashboard to share reports, recommendations, or plans to spend opioid settlement funds; to show
how opioid settlement funds have been spent; to report program or strategy outcomes; or to track, share,
or visualize key opioid-related or health-related indicators and supports as identified through
collaborative statewide, regional, local, or community processes.
3. Invest in infrastructure or staffing at government or not-for-profit agencies to support collaborative,
cross-system coordination with the purpose of preventing overprescribing, opioid misuse, or opioid
overdoses, treating those with OUD and any co-occurring SUD/MH conditions, supporting them in
treatment or recovery, connecting them to care, or implementing other strategies to abate the opioid
epidemic described in this opioid abatement strategy list.
4. Provide resources to staff government oversight and management of opioid abatement programs.
K. TRAINING
In addition to the training referred to throughout this document, support training to abate the opioid
epidemic through activities, programs, or strategies that may include, but are not limited to, the
following:
1. Provide funding for staff training or networking programs and services to improve the capability of
government, community, and not-for-profit entities to abate the opioid crisis.
2. Support infrastructure and staffing for collaborative cross-system coordination to prevent opioid
misuse, prevent overdoses, and treat those with OUD and any co-occurring SUD/MH conditions, or
implement other strategies to abate the opioid epidemic described in this opioid abatement strategy list
(e.g., health care, primary care, pharmacies, PDMPs, etc.).
L. RESEARCH
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12
Support opioid abatement research that may include, but is not limited to, the following:
1. Monitoring, surveillance, data collection, and evaluation of programs and strategies described in this
opioid abatement strategy list.
2. Research non-opioid treatment of chronic pain.
3. Research on improved service delivery for modalities such as SBIRT that demonstrate promising but
mixed results in populations vulnerable to opioid use disorders.
4. Research on novel harm reduction and prevention efforts such as the provision of fentanyl test strips.
5. Research on innovative supply-side enforcement efforts such as improved detection of mail-based
delivery of synthetic opioids.
6. Expanded research on swift/certain/fair models to reduce and deter opioid misuse within criminal
justice populations that build upon promising approaches used to address other substances (e.g. Hawaii
HOPE and Dakota 24/7).
7. Epidemiological surveillance of OUD-related behaviors in critical populations including individuals
entering the criminal justice system, including but not limited to approaches modeled on the Arrestee
Drug Abuse Monitoring (ADAM) system.
8. Qualitative and quantitative research regarding public health risks and harm reduction opportunities
within illicit drug markets, including surveys of market participants who sell or distribute illicit opioids.
9. Geospatial analysis of access barriers to MAT and their association with treatment engagement and
treatment outcomes.
Page 219 of 341
RESOLUTION NO. [INSERT]
A Resolution authorizing [City/County] (herein referred to as this “Governmental Unit”) to join
with the State of Florida and other local governmental units as a participant in the Florida Memorandum
of Understanding and Formal Agreements implementing a Unified Plan.
WHEREAS, the [City/County] has suffered harm from the opioid epidemic;
WHEREAS, the [City/County] recognizes that the entire State of Florida has suffered harm as a
result from the opioid epidemic;
WHEREAS, the State of Florida has filed an action pending in Pasco County, Florida, and a
number of Florida Cities and Counties have also filed an action In re: National Prescription Opiate
Litigation, MDL No. 2804 (N.D. Ohio) (the “Opioid Litigation”) and [City/County] [is/is not] a litigating
participant in that action;
WHEREAS, the State of Florida and lawyers representing certain various local governments
involved in the Opioid Litigation have proposed a unified plan for the allocation and use of prospective
settlement dollars from opioid related litigation;
WHEREAS, the Florida Memorandum of Understanding (the “Florida Plan”) sets forth sets forth
a framework of a unified plan for the proposed allocation and use of opioid settlement proceeds and it
is anticipated that formal agreements implementing the Florida Plan will be entered into at a future
date; and,
WHEREAS, participation in the Florida Plan by a large majority of Florida cities and counties will
materially increase the amount of funds to Florida and should improve Florida’s relative bargaining
position during additional settlement negotiations;
WHEREAS, failure to participate in the Florida Plan will reduce funds available to the State,
[City/County], and every other Florida city and county;
NOW, THEREFORE, BE IT RESOLVED BY THIS GOVERNMENTAL UNIT:
SECTION 1. That this Governmental Unit finds that participation in the Florida Plan would be in
the best interest of the Governmental Unit and its citizens in that such a plan ensures that almost all of
the settlement funds go to abate and resolve the opioid epidemic and each and every city and county
receives funds for the harm that it has suffered.
SECTION 2. That this Governmental Unit hereby expresses its support of a unified plan for the
allocation and use of opioid settlement proceeds as generally described in the Florida Plan, attached
hereto as Exhibit “A.”
SECTION 3. That [official name] is hereby expressly authorized to execute the Florida Plan in
substantially the form contained in Exhibit “A.”
SECTION 4. That [official name] is hereby authorized to execute the any formal agreements
implementing a unified plan for the allocation and use of opioid settlement proceeds that is not
substantially inconsistent with the Florida Plan and this Resolution.
Page 220 of 341
SECTION 5. That the Clerk be and hereby is instructed to record this Resolution in the
appropriate record book upon its adoption.
SECTION 6. The clerk of this Governmental Unit is hereby directed to furnish a certified copy of
this Ordinance/Resolution to the Florida
[Florida League of Cities/Florida Association of Counties]
Attorney General Ashley Moody
c\o John M. Guard
The Capitol,
PL-01
Tallahassee, FL 32399-1050
SECTION 7. This Resolution shall take effect immediately upon its adoption.
Adopted this day of , _____________________, 2021.
(Mayor/Commissioner/etc.)
ATTEST: ___________________________________
Page 221 of 341
City/County Fund 15%
Regional Fund 35%
Scenario 1 130,000,000.00$
City/County Fund Scenario
1 19,500,000.00$
Regional Fund Scenario 1 45,500,000.00$
Scenario 2 100,000,000.00$
City/County Fund Scenario
2 15,000,000.00$
Regional Fund Scenario 2 35,000,000.00$
Scenario 3 70,000,000.00$
City/County Fund Scenario
3 10,500,000.00$
Regional Fund Scenario 3 24,500,000.00$
Scenario 1 Scenario 1 Scenario 2 Scenario 2 Scenario 3 Scenario 3
County Allocated Subdivisions Overall Total %Allocated % by entity City/County Fund Regional Fund City/County Fund Regional Fund City/County Fund Regional Fund
Alachua 1.241060164449%564,682.37$ 434,371.06$ 304,059.74$
Alachua County 0.821689546303%160,229.46$ 123,253.43$ 86,277.40$
Alachua 0.013113332457%2,557.10$ 1,967.00$ 1,376.90$
Archer 0.000219705515%42.84$ 32.96$ 23.07$
Gainesville 0.381597611347%74,411.53$ 57,239.64$ 40,067.75$
Hawthorne 0.000270546460%52.76$ 40.58$ 28.41$
High Springs 0.011987568663%2,337.58$ 1,798.14$ 1,258.69$
La Crosse 0.000975056706%190.14$ 146.26$ 102.38$
Micanopy 0.002113530737%412.14$ 317.03$ 221.92$
Newberry 0.006102729215%1,190.03$ 915.41$ 640.79$
Waldo 0.002988721299%582.80$ 448.31$ 313.82$
Baker 0.193173804130%87,894.08$ 67,610.83$ 47,327.58$
Baker County 0.169449240037%33,042.60$ 25,417.39$ 17,792.17$
Glen St. Mary 0.000096234647%18.77$ 14.44$ 10.10$
Macclenny 0.023628329446%4,607.52$ 3,544.25$ 2,480.97$
Bay 0.839656373312%382,043.65$ 293,879.73$ 205,715.81$
Bay County 0.508772605155%99,210.66$ 76,315.89$ 53,421.12$
Callaway 0.024953825527%4,866.00$ 3,743.07$ 2,620.15$
Lynn Haven 0.039205632015%7,645.10$ 5,880.84$ 4,116.59$
Mexico Beach 0.005614292988%1,094.79$ 842.14$ 589.50$
Panama City 0.155153855596%30,255.00$ 23,273.08$ 16,291.15$
Panama City Beach 0.080897023117%15,774.92$ 12,134.55$ 8,494.19$
Parker 0.008704696178%1,697.42$ 1,305.70$ 913.99$
Springfield 0.016354442736%3,189.12$ 2,453.17$ 1,717.22$
Bradford 0.189484204081%86,215.31$ 66,319.47$ 46,423.63$
Bradford County 0.151424309090%29,527.74$ 22,713.65$ 15,899.55$
Brooker 0.000424885045%82.85$ 63.73$ 44.61$
Hampton 0.002839829959%553.77$ 425.97$ 298.18$
Lawtey 0.003400896108%663.17$ 510.13$ 357.09$
Starke 0.031392468132%6,121.53$ 4,708.87$ 3,296.21$
Brevard 3.878799180444%1,764,853.63$ 1,357,579.71$ 950,305.80$
Brevard County 2.323022668525%452,989.42$ 348,453.40$ 243,917.38$
Cape Canaveral 0.045560750209%8,884.35$ 6,834.11$ 4,783.88$
Cocoa 0.149245411423%29,102.86$ 22,386.81$ 15,670.77$
Cocoa Beach 0.084363286155%16,450.84$ 12,654.49$ 8,858.15$
Grant-Valkaria 0.000321387406%62.67$ 48.21$ 33.75$
Indialantic 0.024136738902%4,706.66$ 3,620.51$ 2,534.36$
Indian Harbour Beach 0.021089913665%4,112.53$ 3,163.49$ 2,214.44$
Malabar 0.002505732317%488.62$ 375.86$ 263.10$
Melbourne 0.383104682233%74,705.41$ 57,465.70$ 40,225.99$
Melbourne Beach 0.012091066302%2,357.76$ 1,813.66$ 1,269.56$
Melbourne Village 0.003782203200%737.53$ 567.33$ 397.13$
Palm Bay 0.404817397481%78,939.39$ 60,722.61$ 42,505.83$
Palm Shores 0.000127102364%24.78$ 19.07$ 13.35$
Rockledge 0.096603243798%18,837.63$ 14,490.49$ 10,143.34$
Satellite Beach 0.035975416224%7,015.21$ 5,396.31$ 3,777.42$
Titusville 0.240056418924%46,811.00$ 36,008.46$ 25,205.92$
West Melbourne 0.051997577066%10,139.53$ 7,799.64$ 5,459.75$
Broward 9.057962672578%4,121,373.02$ 3,170,286.94$ 2,219,200.85$
Broward County 3.966403576878%773,448.70$ 594,960.54$ 416,472.38$
Coconut Creek 0.101131719448%19,720.69$ 15,169.76$ 10,618.83$
Cooper City 0.073935445073%14,417.41$ 11,090.32$ 7,763.22$
Coral Springs 0.323406517664%63,064.27$ 48,510.98$ 33,957.68$
Dania Beach 0.017807041180%3,472.37$ 2,671.06$ 1,869.74$
Davie 0.266922227153%52,049.83$ 40,038.33$ 28,026.83$
Deerfield Beach 0.202423224725%39,472.53$ 30,363.48$ 21,254.44$
Fort Lauderdale 0.830581264531%161,963.35$ 124,587.19$ 87,211.03$
Hallandale Beach 0.154950491814%30,215.35$ 23,242.57$ 16,269.80$
Hillsboro Beach 0.012407006463%2,419.37$ 1,861.05$ 1,302.74$
Hollywood 0.520164608456%101,432.10$ 78,024.69$ 54,617.28$
Lauderdale-By-The-Sea 0.022807611325%4,447.48$ 3,421.14$ 2,394.80$
Page 222 of 341
Lauderdale Lakes 0.062625150435%12,211.90$ 9,393.77$ 6,575.64$
Lauderhill 0.144382838130%28,154.65$ 21,657.43$ 15,160.20$
Lazy Lake 0.000021788977%4.25$ 3.27$ 2.29$
Lighthouse Point 0.029131861803%5,680.71$ 4,369.78$ 3,058.85$
Margate 0.143683775129%28,018.34$ 21,552.57$ 15,086.80$
Miramar 0.279280208419%54,459.64$ 41,892.03$ 29,324.42$
North Lauderdale 0.066069624496%12,883.58$ 9,910.44$ 6,937.31$
Oakland Park 0.100430840699%19,584.01$ 15,064.63$ 10,545.24$
Ocean Breeze 0.005381877237%1,049.47$ 807.28$ 565.10$
Parkland 0.045804060448%8,931.79$ 6,870.61$ 4,809.43$
Pembroke Park 0.024597938908%4,796.60$ 3,689.69$ 2,582.78$
Pembroke Pines 0.462832363603%90,252.31$ 69,424.85$ 48,597.40$
Plantation 0.213918725664%41,714.15$ 32,087.81$ 22,461.47$
Pompano Beach 0.335472163493%65,417.07$ 50,320.82$ 35,224.58$
Sea Ranch Lakes 0.005024174870%979.71$ 753.63$ 527.54$
Southwest Ranches 0.025979723178%5,066.05$ 3,896.96$ 2,727.87$
Sunrise 0.286071106146%55,783.87$ 42,910.67$ 30,037.47$
Tamarac 0.134492458472%26,226.03$ 20,173.87$ 14,121.71$
Weston 0.138637811283%27,034.37$ 20,795.67$ 14,556.97$
West Park 0.029553115352%5,762.86$ 4,432.97$ 3,103.08$
Wilton Manors 0.031630331127%6,167.91$ 4,744.55$ 3,321.18$
Calhoun 0.047127740781%21,443.12$ 16,494.71$ 11,546.30$
Calhoun County 0.038866087128%7,578.89$ 5,829.91$ 4,080.94$
Altha 0.000366781107%71.52$ 55.02$ 38.51$
Blountstown 0.007896688293%1,539.85$ 1,184.50$ 829.15$
Charlotte 0.737346233376%335,492.54$ 258,071.18$ 180,649.83$
Charlotte County 0.690225755587%134,594.02$ 103,533.86$ 72,473.70$
Punta Gorda 0.047120477789%9,188.49$ 7,068.07$ 4,947.65$
Citrus 0.969645776606%441,188.83$ 339,376.02$ 237,563.22$
Citrus County 0.929715661117%181,294.55$ 139,457.35$ 97,620.14$
Crystal River 0.021928789266%4,276.11$ 3,289.32$ 2,302.52$
Inverness 0.018001326222%3,510.26$ 2,700.20$ 1,890.14$
Clay 1.193429461456%543,010.40$ 417,700.31$ 292,390.22$
Clay County 1.055764891131%205,874.15$ 158,364.73$ 110,855.31$
Green Cove Springs 0.057762577142%11,263.70$ 8,664.39$ 6,065.07$
Keystone Heights 0.000753535443%146.94$ 113.03$ 79.12$
Orange Park 0.078589207339%15,324.90$ 11,788.38$ 8,251.87$
Penney Farms 0.000561066149%109.41$ 84.16$ 58.91$
Collier 1.551333376427%705,856.69$ 542,966.68$ 380,076.68$
Collier County 1.354673336030%264,161.30$ 203,201.00$ 142,240.70$
Everglades 0.000148891341%29.03$ 22.33$ 15.63$
Marco Island 0.062094952003%12,108.52$ 9,314.24$ 6,519.97$
Naples 0.134416197054%26,211.16$ 20,162.43$ 14,113.70$
Columbia 0.446781150792%203,285.42$ 156,373.40$ 109,461.38$
Columbia County 0.341887201373%66,668.00$ 51,283.08$ 35,898.16$
Fort White 0.000236047247%46.03$ 35.41$ 24.78$
Lake City 0.104659717920%20,408.64$ 15,698.96$ 10,989.27$
DeSoto 0.113640407802%51,706.39$ 39,774.14$ 27,841.90$
DeSoto County 0.096884684746%18,892.51$ 14,532.70$ 10,172.89$
Arcadia 0.016755723056%3,267.37$ 2,513.36$ 1,759.35$
Dixie 0.103744580900%47,203.78$ 36,310.60$ 25,417.42$
Dixie County 0.098822087921%19,270.31$ 14,823.31$ 10,376.32$
Cross City 0.004639236282%904.65$ 695.89$ 487.12$
Horseshoe Beach 0.000281440949%54.88$ 42.22$ 29.55$
Duval 5.434975156935%2,472,913.70$ 1,902,241.30$ 1,331,568.91$
Jacksonville 5.270570064997%1,027,761.16$ 790,585.51$ 553,409.86$
Atlantic Beach 0.038891507601%7,583.84$ 5,833.73$ 4,083.61$
Baldwin 0.002251527589%439.05$ 337.73$ 236.41$
Jacksonville Beach 0.100447182431%19,587.20$ 15,067.08$ 10,546.95$
Neptune Beach 0.022814874318%4,448.90$ 3,422.23$ 2,395.56$
Escambia 1.341634449244%610,443.67$ 469,572.06$ 328,700.44$
Escambia County 1.005860871574%196,142.87$ 150,879.13$ 105,615.39$
Century 0.005136751249%1,001.67$ 770.51$ 539.36$
Pensacola 0.330636826421%64,474.18$ 49,595.52$ 34,716.87$
Flagler 0.389864712244%177,388.44$ 136,452.65$ 95,516.85$
Flagler Counry 0.279755934409%54,552.41$ 41,963.39$ 29,374.37$
Beverly Beach 0.000154338585%30.10$ 23.15$ 16.21$
Bunnell 0.009501809575%1,852.85$ 1,425.27$ 997.69$
Flagler Beach 0.015482883669%3,019.16$ 2,322.43$ 1,625.70$
Marineland 0.000114392127%22.31$ 17.16$ 12.01$
Palm Coast 0.084857169626%16,547.15$ 12,728.58$ 8,910.00$
Franklin 0.049911282550%22,709.63$ 17,468.95$ 12,228.26$
Franklin County 0.046254365966%9,019.60$ 6,938.15$ 4,856.71$
Apalachicola 0.001768538606%344.87$ 265.28$ 185.70$
Carabelle 0.001888377978%368.23$ 283.26$ 198.28$
Gadsden 0.123656074077%56,263.51$ 43,279.63$ 30,295.74$
Gadsden County 0.090211810642%17,591.30$ 13,531.77$ 9,472.24$
Page 223 of 341
Chattahoochee 0.004181667772%815.43$ 627.25$ 439.08$
Greensboro 0.000492067723%95.95$ 73.81$ 51.67$
Gretna 0.002240633101%436.92$ 336.09$ 235.27$
Havana 0.005459954403%1,064.69$ 818.99$ 573.30$
Midway 0.001202025213%234.39$ 180.30$ 126.21$
Quincy 0.019867915223%3,874.24$ 2,980.19$ 2,086.13$
Gilchrist 0.064333769355%29,271.87$ 22,516.82$ 15,761.77$
Gilchrist County 0.061274233881%11,948.48$ 9,191.14$ 6,433.79$
Bell 0.000099866143%19.47$ 14.98$ 10.49$
Fanning Springs 0.000388570084%75.77$ 58.29$ 40.80$
Trenton 0.002571099247%501.36$ 385.66$ 269.97$
Glades 0.040612836758%18,478.84$ 14,214.49$ 9,950.15$
Glades County 0.040420367464%7,881.97$ 6,063.06$ 4,244.14$
Moore Haven 0.000192469294%37.53$ 28.87$ 20.21$
Gulf 0.059914238588%27,260.98$ 20,969.98$ 14,678.99$
Gulf County 0.054715751905%10,669.57$ 8,207.36$ 5,745.15$
Port St. Joe 0.004817179591%939.35$ 722.58$ 505.80$
Wewahitchka 0.000381307092%74.35$ 57.20$ 40.04$
Hamilton 0.047941195910%21,813.24$ 16,779.42$ 11,745.59$
Hamilton County 0.038817061931%7,569.33$ 5,822.56$ 4,075.79$
Jasper 0.004869836285%949.62$ 730.48$ 511.33$
Jennings 0.002623755940%511.63$ 393.56$ 275.49$
White Springs 0.001630541754%317.96$ 244.58$ 171.21$
Hardee 0.067110048132%30,535.07$ 23,488.52$ 16,441.96$
Hardee County 0.058100306280%11,329.56$ 8,715.05$ 6,100.53$
Bowling Green 0.001797590575%350.53$ 269.64$ 188.75$
Wauchula 0.006667426860%1,300.15$ 1,000.11$ 700.08$
Zolfo Springs 0.000544724417%106.22$ 81.71$ 57.20$
Hendry 0.144460915297%65,729.72$ 50,561.32$ 35,392.92$
Hendry County 0.122147187443%23,818.70$ 18,322.08$ 12,825.45$
Clewiston 0.017589151414%3,429.88$ 2,638.37$ 1,846.86$
LaBelle 0.004724576440%921.29$ 708.69$ 496.08$
Hernando 1.510075949110%687,084.56$ 528,526.58$ 369,968.61$
Hernando County 1.447521612849%282,266.71$ 217,128.24$ 151,989.77$
Brooksville 0.061319627583%11,957.33$ 9,197.94$ 6,438.56$
Weeki Wachee 0.001234708678%240.77$ 185.21$ 129.64$
Highlands 0.357188510237%162,520.77$ 125,015.98$ 87,511.19$
Highlands County 0.287621754986%56,086.24$ 43,143.26$ 30,200.28$
Avon Park 0.025829016090%5,036.66$ 3,874.35$ 2,712.05$
Lake Placid 0.005565267790%1,085.23$ 834.79$ 584.35$
Sebring 0.038172471371%7,443.63$ 5,725.87$ 4,008.11$
Hillsborough 8.710984113657%3,963,497.77$ 3,048,844.44$ 2,134,191.11$
Hillsborough County 6.523111204400%1,272,006.68$ 978,466.68$ 684,926.68$
Plant City 0.104218491142%20,322.61$ 15,632.77$ 10,942.94$
Tampa 1.975671881253%385,256.02$ 296,350.78$ 207,445.55$
Temple Terrace 0.107980721113%21,056.24$ 16,197.11$ 11,337.98$
Holmes 0.081612427851%37,133.65$ 28,564.35$ 19,995.04$
Holmes County 0.066805002459%13,026.98$ 10,020.75$ 7,014.53$
Bonifay 0.006898026863%1,345.12$ 1,034.70$ 724.29$
Esto 0.006269778036%1,222.61$ 940.47$ 658.33$
Noma 0.001278286631%249.27$ 191.74$ 134.22$
Ponce de Leon 0.000179759057%35.05$ 26.96$ 18.87$
Westville 0.000179759057%35.05$ 26.96$ 18.87$
Indian River 0.753076058781%342,649.61$ 263,576.62$ 184,503.63$
Indian River County 0.623571460217%121,596.43$ 93,535.72$ 65,475.00$
Fellsmere 0.004917045734%958.82$ 737.56$ 516.29$
Indian River shores 0.025322422382%4,937.87$ 3,798.36$ 2,658.85$
Orchid 0.000306861421%59.84$ 46.03$ 32.22$
Sebastian 0.038315915467%7,471.60$ 5,747.39$ 4,023.17$
Vero Beach 0.060642353558%11,825.26$ 9,096.35$ 6,367.45$
Jackson 0.158936058795%72,315.91$ 55,627.62$ 38,939.33$
Jackson County 0.075213731704%14,666.68$ 11,282.06$ 7,897.44$
Alford 0.000303229925%59.13$ 45.48$ 31.84$
Bascom 0.000061735434%12.04$ 9.26$ 6.48$
Campbellton 0.001648699234%321.50$ 247.30$ 173.11$
Cottondale 0.001093080329%213.15$ 163.96$ 114.77$
Graceville 0.002794436257%544.92$ 419.17$ 293.42$
Grandridge 0.000030867717%6.02$ 4.63$ 3.24$
Greenwood 0.001292812616%252.10$ 193.92$ 135.75$
Jacob City 0.000481173235%93.83$ 72.18$ 50.52$
Malone 0.000092603151%18.06$ 13.89$ 9.72$
Marianna 0.073519638768%14,336.33$ 11,027.95$ 7,719.56$
Sneads 0.002404050426%468.79$ 360.61$ 252.43$
Jefferson 0.040821647784%18,573.85$ 14,287.58$ 10,001.30$
Jefferson County 0.037584169001%7,328.91$ 5,637.63$ 3,946.34$
Monticello 0.003237478783%631.31$ 485.62$ 339.94$
Lafayette 0.031911772076%14,519.86$ 11,169.12$ 7,818.38$
Page 224 of 341
Lafayette County 0.031555885457%6,153.40$ 4,733.38$ 3,313.37$
Mayo 0.000355886619%69.40$ 53.38$ 37.37$
Lake 1.139211224519%518,341.11$ 398,723.93$ 279,106.75$
Lake County 0.757453827343%147,703.50$ 113,618.07$ 79,532.65$
Astatula 0.002727253579%531.81$ 409.09$ 286.36$
Clermont 0.075909163209%14,802.29$ 11,386.37$ 7,970.46$
Eustis 0.041929254098%8,176.20$ 6,289.39$ 4,402.57$
Fruitland Park 0.008381493024%1,634.39$ 1,257.22$ 880.06$
Groveland 0.026154034992%5,100.04$ 3,923.11$ 2,746.17$
Howey-In-The-Hills 0.002981458307%581.38$ 447.22$ 313.05$
Lady Lake 0.025048244426%4,884.41$ 3,757.24$ 2,630.07$
Leesburg 0.091339390185%17,811.18$ 13,700.91$ 9,590.64$
Mascotte 0.011415608025%2,226.04$ 1,712.34$ 1,198.64$
Minneola 0.016058475803%3,131.40$ 2,408.77$ 1,686.14$
Montverde 0.001347285057%262.72$ 202.09$ 141.46$
Mount Dora 0.041021380070%7,999.17$ 6,153.21$ 4,307.24$
Tavares 0.031820984673%6,205.09$ 4,773.15$ 3,341.20$
Umatilla 0.005623371728%1,096.56$ 843.51$ 590.45$
Lee 3.325371883359%1,513,044.21$ 1,163,880.16$ 814,716.11$
Lee County 2.115268407509%412,477.34$ 317,290.26$ 222,103.18$
Bonita Springs 0.017374893143%3,388.10$ 2,606.23$ 1,824.36$
Cape Coral 0.714429677167%139,313.79$ 107,164.45$ 75,015.12$
Estero 0.012080171813%2,355.63$ 1,812.03$ 1,268.42$
Fort Myers 0.431100350585%84,064.57$ 64,665.05$ 45,265.54$
Fort Myers Beach 0.000522935440%101.97$ 78.44$ 54.91$
Sanibel 0.034595447702%6,746.11$ 5,189.32$ 3,632.52$
Leon 0.897199244939%408,225.66$ 314,019.74$ 219,813.82$
Leon County 0.471201146391%91,884.22$ 70,680.17$ 49,476.12$
Tallahassee 0.425998098549%83,069.63$ 63,899.71$ 44,729.80$
Levy 0.251192401748%114,292.54$ 87,917.34$ 61,542.14$
Levy County 0.200131750679%39,025.69$ 30,019.76$ 21,013.83$
Bronson 0.005701448894%1,111.78$ 855.22$ 598.65$
Cedar Key 0.005180329202%1,010.16$ 777.05$ 543.93$
Chiefland 0.015326729337%2,988.71$ 2,299.01$ 1,609.31$
Fanning Springs 0.000808007885%157.56$ 121.20$ 84.84$
Inglis 0.004976965420%970.51$ 746.54$ 522.58$
Otter Creek 0.000408543312%79.67$ 61.28$ 42.90$
Williston 0.017774357715%3,466.00$ 2,666.15$ 1,866.31$
Yankeetown 0.000884269303%172.43$ 132.64$ 92.85$
Liberty 0.019399452225%8,826.75$ 6,789.81$ 4,752.87$
Liberty County 0.019303217578%3,764.13$ 2,895.48$ 2,026.84$
Bristol 0.000096234647%18.77$ 14.44$ 10.10$
Madison 0.063540287455%28,910.83$ 22,239.10$ 15,567.37$
Madison County 0.053145129837%10,363.30$ 7,971.77$ 5,580.24$
Greenville 0.000110760631%21.60$ 16.61$ 11.63$
Lee 0.000019973229%3.89$ 3.00$ 2.10$
Madison 0.010264423758%2,001.56$ 1,539.66$ 1,077.76$
Manatee 2.721323346235%1,238,202.12$ 952,463.17$ 666,724.22$
Manatee County 2.201647174006%429,321.20$ 330,247.08$ 231,172.95$
Anna Maria 0.009930326116%1,936.41$ 1,489.55$ 1,042.68$
Bradenton 0.379930754632%74,086.50$ 56,989.61$ 39,892.73$
Bradenton Beach 0.014012127744%2,732.36$ 2,101.82$ 1,471.27$
Holmes Beach 0.028038781473%5,467.56$ 4,205.82$ 2,944.07$
Longboat Key 0.034895046131%6,804.53$ 5,234.26$ 3,663.98$
Palmetto 0.052869136132%10,309.48$ 7,930.37$ 5,551.26$
Marion 1.701176168960%774,035.16$ 595,411.66$ 416,788.16$
Marion County 1.303728892837%254,227.13$ 195,559.33$ 136,891.53$
Belleview 0.009799592256%1,910.92$ 1,469.94$ 1,028.96$
Dunnellon 0.018400790795%3,588.15$ 2,760.12$ 1,932.08$
McIntosh 0.000145259844%28.33$ 21.79$ 15.25$
Ocala 0.368994504094%71,953.93$ 55,349.18$ 38,744.42$
Reddick 0.000107129135%20.89$ 16.07$ 11.25$
Martin 0.869487298116%395,616.72$ 304,320.55$ 213,024.39$
Martin County 0.750762795758%146,398.75$ 112,614.42$ 78,830.09$
Jupiter Island 0.020873839646%4,070.40$ 3,131.08$ 2,191.75$
Ocean Breeze Park 0.008270732393%1,612.79$ 1,240.61$ 868.43$
Sewall's Point 0.008356072551%1,629.43$ 1,253.41$ 877.39$
Stuart 0.081223857767%15,838.65$ 12,183.58$ 8,528.51$
Miami-Dade 5.232119784173%2,380,614.50$ 1,831,241.92$ 1,281,869.35$
Miami-Dade County 4.282797675552%835,145.55$ 642,419.65$ 449,693.76$
Aventura 0.024619727885%4,800.85$ 3,692.96$ 2,585.07$
Bal Harbour 0.010041086747%1,958.01$ 1,506.16$ 1,054.31$
Bay Harbor Islands 0.004272455175%833.13$ 640.87$ 448.61$
Biscayne Park 0.001134842535%221.29$ 170.23$ 119.16$
Coral Gables 0.071780152131%13,997.13$ 10,767.02$ 7,536.92$
Cutler Bay 0.009414653668%1,835.86$ 1,412.20$ 988.54$
Doral 0.013977628531%2,725.64$ 2,096.64$ 1,467.65$
Page 225 of 341
El Portal 0.000924215760%180.22$ 138.63$ 97.04$
Florida City 0.003929278792%766.21$ 589.39$ 412.57$
Golden Beach 0.002847092951%555.18$ 427.06$ 298.94$
Hialeah 0.098015895785%19,113.10$ 14,702.38$ 10,291.67$
Hialeah Gardens 0.005452691411%1,063.27$ 817.90$ 572.53$
Homestead 0.024935668046%4,862.46$ 3,740.35$ 2,618.25$
Indian Creek 0.002543863026%496.05$ 381.58$ 267.11$
Key Biscayne 0.013683477346%2,668.28$ 2,052.52$ 1,436.77$
Medley 0.008748274131%1,705.91$ 1,312.24$ 918.57$
Miami 0.292793005448%57,094.64$ 43,918.95$ 30,743.27$
Miami Beach 0.181409572478%35,374.87$ 27,211.44$ 19,048.01$
Miami Gardens 0.040683650932%7,933.31$ 6,102.55$ 4,271.78$
Miami Lakes 0.007836768608%1,528.17$ 1,175.52$ 822.86$
Miami Shores 0.006287935516%1,226.15$ 943.19$ 660.23$
Miami Springs 0.006169911893%1,203.13$ 925.49$ 647.84$
North Bay Village 0.005160355974%1,006.27$ 774.05$ 541.84$
North Miami 0.030379280717%5,923.96$ 4,556.89$ 3,189.82$
North Miami Beach 0.030391990953%5,926.44$ 4,558.80$ 3,191.16$
Opa-locka 0.007847663096%1,530.29$ 1,177.15$ 824.00$
Palmetto Bay 0.007404620570%1,443.90$ 1,110.69$ 777.49$
Pinecrest 0.008296152866%1,617.75$ 1,244.42$ 871.10$
South Miami 0.007833137111%1,527.46$ 1,174.97$ 822.48$
Sunny Isles Beach 0.007693324511%1,500.20$ 1,154.00$ 807.80$
Surfside 0.004869836285%949.62$ 730.48$ 511.33$
Sweetwater 0.004116300842%802.68$ 617.45$ 432.21$
Virginia Gardens 0.001172973244%228.73$ 175.95$ 123.16$
West Miami 0.002654623657%517.65$ 398.19$ 278.74$
Monroe 0.476388738585%216,756.88$ 166,736.06$ 116,715.24$
Monroe County 0.330124785469%64,374.33$ 49,518.72$ 34,663.10$
Islamorada 0.022357305808%4,359.67$ 3,353.60$ 2,347.52$
Key Colony Beach 0.004751812661%926.60$ 712.77$ 498.94$
Key West 0.088087385417%17,177.04$ 13,213.11$ 9,249.18$
Layton 0.000150707089%29.39$ 22.61$ 15.82$
Marathon 0.030916742141%6,028.76$ 4,637.51$ 3,246.26$
Nassau 0.476933463002%217,004.73$ 166,926.71$ 116,848.70$
Nassau County 0.392706357951%76,577.74$ 58,905.95$ 41,234.17$
Callahan 0.000225152759%43.90$ 33.77$ 23.64$
Fernandina Beach 0.083159445195%16,216.09$ 12,473.92$ 8,731.74$
Hillard 0.000842507098%164.29$ 126.38$ 88.46$
Okaloosa 0.819212865955%372,741.85$ 286,724.50$ 200,707.15$
Okaloosa County 0.612059617545%119,351.63$ 91,808.94$ 64,266.26$
Cinco Bayou 0.000733562214%143.04$ 110.03$ 77.02$
Crestview 0.070440130066%13,735.83$ 10,566.02$ 7,396.21$
Destin 0.014678507281%2,862.31$ 2,201.78$ 1,541.24$
Fort Walton Beach 0.077837487644%15,178.31$ 11,675.62$ 8,172.94$
Laurel Hill 0.000079892914%15.58$ 11.98$ 8.39$
Mary Esther 0.009356549730%1,824.53$ 1,403.48$ 982.44$
Niceville 0.021745398713%4,240.35$ 3,261.81$ 2,283.27$
Shalimar 0.001824826796%355.84$ 273.72$ 191.61$
Valparaiso 0.010456893052%2,039.09$ 1,568.53$ 1,097.97$
Okeechobee 0.353495278692%160,840.35$ 123,723.35$ 86,606.34$
Okeechobee County 0.314543851405%61,336.05$ 47,181.58$ 33,027.10$
Okeechobee 0.038951427287%7,595.53$ 5,842.71$ 4,089.90$
Orange 4.671028214546%2,125,317.84$ 1,634,859.88$ 1,144,401.91$
Orange County 3.063330386979%597,349.43$ 459,499.56$ 321,649.69$
Apopka 0.097215150892%18,956.95$ 14,582.27$ 10,207.59$
Bay Lake 0.023566594013%4,595.49$ 3,534.99$ 2,474.49$
Belle Isle 0.010798253686%2,105.66$ 1,619.74$ 1,133.82$
Eatonville 0.008325204835%1,623.41$ 1,248.78$ 874.15$
Edgewood 0.009716067845%1,894.63$ 1,457.41$ 1,020.19$
Lake Buena Vista 0.010355211161%2,019.27$ 1,553.28$ 1,087.30$
Maitland 0.046728276209%9,112.01$ 7,009.24$ 4,906.47$
Oakland 0.005429086686%1,058.67$ 814.36$ 570.05$
Ocoee 0.066599822928%12,986.97$ 9,989.97$ 6,992.98$
Orlando 1.160248481490%226,248.45$ 174,037.27$ 121,826.09$
Windemere 0.007548064667%1,471.87$ 1,132.21$ 792.55$
Winter Garden 0.056264584996%10,971.59$ 8,439.69$ 5,907.78$
Winter Park 0.104903028159%20,456.09$ 15,735.45$ 11,014.82$
Osceola 1.073452092940%488,420.70$ 375,708.23$ 262,995.76$
Osceola County 0.837248691390%163,263.49$ 125,587.30$ 87,911.11$
Kissimmee 0.162366006872%31,661.37$ 24,354.90$ 17,048.43$
St. Cloud 0.073837394678%14,398.29$ 11,075.61$ 7,752.93$
Palm Beach 8.601594372053%3,913,725.44$ 3,010,558.03$ 2,107,390.62$
Palm Beach County 5.552548475026%1,082,746.95$ 832,882.27$ 583,017.59$
Atlantis 0.018751230169%3,656.49$ 2,812.68$ 1,968.88$
Belle Glade 0.020828445945%4,061.55$ 3,124.27$ 2,186.99$
Boca Raton 0.472069073961%92,053.47$ 70,810.36$ 49,567.25$
Page 226 of 341
Boynton Beach 0.306498271771%59,767.16$ 45,974.74$ 32,182.32$
Briny Breezes 0.003257452012%635.20$ 488.62$ 342.03$
Cloud Lake 0.000188837798%36.82$ 28.33$ 19.83$
Delray Beach 0.351846579457%68,610.08$ 52,776.99$ 36,943.89$
Glen Ridge 0.000052656694%10.27$ 7.90$ 5.53$
Golf 0.004283349663%835.25$ 642.50$ 449.75$
Greenacres 0.076424835657%14,902.84$ 11,463.73$ 8,024.61$
Gulf Stream 0.010671151322%2,080.87$ 1,600.67$ 1,120.47$
Haverhill 0.001084001589%211.38$ 162.60$ 113.82$
Highland Beach 0.032510968934%6,339.64$ 4,876.65$ 3,413.65$
Hypoluxo 0.005153092982%1,004.85$ 772.96$ 541.07$
Juno Beach 0.016757538804%3,267.72$ 2,513.63$ 1,759.54$
Jupiter Island 0.125466374888%24,465.94$ 18,819.96$ 13,173.97$
Jupiter Inlet Colony 0.005276563849%1,028.93$ 791.48$ 554.04$
Lake Clarke Shores 0.007560774903%1,474.35$ 1,134.12$ 793.88$
Lake Park 0.029433275980%5,739.49$ 4,414.99$ 3,090.49$
Lake Worth 0.117146617298%22,843.59$ 17,571.99$ 12,300.39$
Lantana 0.024507151505%4,778.89$ 3,676.07$ 2,573.25$
Loxahatchee Groves 0.002531152789%493.57$ 379.67$ 265.77$
Manalapan 0.021632822333%4,218.40$ 3,244.92$ 2,271.45$
Mangonia Park 0.010696571795%2,085.83$ 1,604.49$ 1,123.14$
North Palm Beach 0.044349646256%8,648.18$ 6,652.45$ 4,656.71$
Ocean Ridge 0.012786497807%2,493.37$ 1,917.97$ 1,342.58$
Pahokee 0.004018250447%783.56$ 602.74$ 421.92$
Palm Beach 0.185476848123%36,167.99$ 27,821.53$ 19,475.07$
Palm Beach Gardens 0.233675880257%45,566.80$ 35,051.38$ 24,535.97$
Palm Beach Shores 0.014135598612%2,756.44$ 2,120.34$ 1,484.24$
Palm Springs 0.038021764282%7,414.24$ 5,703.26$ 3,992.29$
Riviera Beach 0.163617057282%31,905.33$ 24,542.56$ 17,179.79$
Royal Palm Beach 0.049295743959%9,612.67$ 7,394.36$ 5,176.05$
South Bay 0.001830274040%356.90$ 274.54$ 192.18$
South Palm Beach 0.005866681967%1,144.00$ 880.00$ 616.00$
Tequesta 0.031893614595%6,219.25$ 4,784.04$ 3,348.83$
Wellington 0.050183644758%9,785.81$ 7,527.55$ 5,269.28$
West Palm Beach 0.549265602541%107,106.79$ 82,389.84$ 57,672.89$
Pasco 4.692087260494%2,134,899.70$ 1,642,230.54$ 1,149,561.38$
Pasco County 4.319205239813%842,245.02$ 647,880.79$ 453,516.55$
Dade City 0.055819726723%10,884.85$ 8,372.96$ 5,861.07$
New Port Richey 0.149879107494%29,226.43$ 22,481.87$ 15,737.31$
Port Richey 0.049529975458%9,658.35$ 7,429.50$ 5,200.65$
San Antonio 0.002189792155%427.01$ 328.47$ 229.93$
St. Leo 0.002790804761%544.21$ 418.62$ 293.03$
Zephyrhills 0.112672614089%21,971.16$ 16,900.89$ 11,830.62$
Pinellas 7.934889816777%3,610,374.87$ 2,777,211.44$ 1,944,048.01$
Pinellas County 4.546593184553%886,585.67$ 681,988.98$ 477,392.28$
Belleair 0.018095745121%3,528.67$ 2,714.36$ 1,900.05$
Belleair Beach 0.004261560686%831.00$ 639.23$ 447.46$
Belleair Bluffs 0.007502670965%1,463.02$ 1,125.40$ 787.78$
Belleair Shore 0.000439411029%85.69$ 65.91$ 46.14$
Clearwater 0.633863120196%123,603.31$ 95,079.47$ 66,555.63$
Dunedin 0.102440873796%19,975.97$ 15,366.13$ 10,756.29$
Gulfport 0.047893986460%9,339.33$ 7,184.10$ 5,028.87$
Indian Rocks Beach 0.008953453662%1,745.92$ 1,343.02$ 940.11$
Indian Shores 0.011323004874%2,207.99$ 1,698.45$ 1,188.92$
Kenneth City 0.017454786058%3,403.68$ 2,618.22$ 1,832.75$
Largo 0.374192990777%72,967.63$ 56,128.95$ 39,290.26$
Madeira Beach 0.022616957779%4,410.31$ 3,392.54$ 2,374.78$
North Reddington Beach 0.003820333909%744.97$ 573.05$ 401.14$
Oldsmar 0.039421706033%7,687.23$ 5,913.26$ 4,139.28$
Pinellas Park 0.251666311991%49,074.93$ 37,749.95$ 26,424.96$
Redington Beach 0.003611522882%704.25$ 541.73$ 379.21$
Redington Shores 0.006451352841%1,258.01$ 967.70$ 677.39$
Safety Harbor 0.038061710740%7,422.03$ 5,709.26$ 3,996.48$
Seminole 0.095248695748%18,573.50$ 14,287.30$ 10,001.11$
South Pasadena 0.029968921656%5,843.94$ 4,495.34$ 3,146.74$
St. Pete Beach 0.071791046619%13,999.25$ 10,768.66$ 7,538.06$
St. Petersburg 1.456593090134%284,035.65$ 218,488.96$ 152,942.27$
Tarpon Springs 0.101970595050%19,884.27$ 15,295.59$ 10,706.91$
Treasure Island 0.040652783215%7,927.29$ 6,097.92$ 4,268.54$
Polk 2.150483025298%978,469.78$ 752,669.06$ 526,868.34$
Polk County 1.558049828484%303,819.72$ 233,707.47$ 163,595.23$
Auburndale 0.028636162584%5,584.05$ 4,295.42$ 3,006.80$
Bartow 0.043971970660%8,574.53$ 6,595.80$ 4,617.06$
Davenport 0.005305615818%1,034.60$ 795.84$ 557.09$
Dundee 0.005597951255%1,091.60$ 839.69$ 587.78$
Eagle Lake 0.002580177987%503.13$ 387.03$ 270.92$
Fort Meade 0.007702403251%1,501.97$ 1,155.36$ 808.75$
Page 227 of 341
Frostproof 0.005857603227%1,142.23$ 878.64$ 615.05$
Haines City 0.047984773863%9,357.03$ 7,197.72$ 5,038.40$
Highland Park 0.000063551182%12.39$ 9.53$ 6.67$
Hillcrest Heights 0.000005447244%1.06$ 0.82$ 0.57$
Lake Alfred 0.007489960729%1,460.54$ 1,123.49$ 786.45$
Lake Hamilton 0.002540231530%495.35$ 381.03$ 266.72$
Lakeland 0.294875668468%57,500.76$ 44,231.35$ 30,961.95$
Lake Wales 0.036293172134%7,077.17$ 5,443.98$ 3,810.78$
Mulberry 0.005414560702%1,055.84$ 812.18$ 568.53$
Polk City 0.001080370093%210.67$ 162.06$ 113.44$
Winter Haven 0.097033576087%18,921.55$ 14,555.04$ 10,188.53$
Putnam 0.384893194068%175,126.40$ 134,712.62$ 94,298.83$
Putnam County 0.329225990182%64,199.07$ 49,383.90$ 34,568.73$
Crescent City 0.005561636294%1,084.52$ 834.25$ 583.97$
Interlachen 0.001877483489%366.11$ 281.62$ 197.14$
Palatka 0.046955244716%9,156.27$ 7,043.29$ 4,930.30$
Pomona Park 0.000379491344%74.00$ 56.92$ 39.85$
Welaka 0.000893348043%174.20$ 134.00$ 93.80$
Santa Rosa 0.701267319513%319,076.63$ 245,443.56$ 171,810.49$
Santa Rosa County 0.592523984216%115,542.18$ 88,878.60$ 62,215.02$
Gulf Breeze 0.061951507906%12,080.54$ 9,292.73$ 6,504.91$
Jay 0.000159785829%31.16$ 23.97$ 16.78$
Milton 0.046632041562%9,093.25$ 6,994.81$ 4,896.36$
Sarasota 2.805043857579%1,276,294.96$ 981,765.35$ 687,235.75$
Sarasota County 1.924315263251%375,241.48$ 288,647.29$ 202,053.10$
Longboat Key 0.044489458856%8,675.44$ 6,673.42$ 4,671.39$
North Port 0.209611771277%40,874.30$ 31,441.77$ 22,009.24$
Sarasota 0.484279979635%94,434.60$ 72,642.00$ 50,849.40$
Venice 0.142347384560%27,757.74$ 21,352.11$ 14,946.48$
Seminole 2.141148264544%974,222.46$ 749,401.89$ 524,581.32$
Seminole County 1.508694164839%294,195.36$ 226,304.12$ 158,412.89$
Altamonte Springs 0.081305566430%15,854.59$ 12,195.83$ 8,537.08$
Casselberry 0.080034542791%15,606.74$ 12,005.18$ 8,403.63$
Lake Mary 0.079767627827%15,554.69$ 11,965.14$ 8,375.60$
Longwood 0.061710013415%12,033.45$ 9,256.50$ 6,479.55$
Oviedo 0.103130858057%20,110.52$ 15,469.63$ 10,828.74$
Sanford 0.164243490362%32,027.48$ 24,636.52$ 17,245.57$
Winter Springs 0.062262000824%12,141.09$ 9,339.30$ 6,537.51$
St. Johns 0.710333349554%323,201.67$ 248,616.67$ 174,031.67$
St. Johns County 0.656334818131%127,985.29$ 98,450.22$ 68,915.16$
Hastings 0.000010894488%2.12$ 1.63$ 1.14$
Marineland 0.000000000000%-$ -$ -$
St. Augustine 0.046510386442%9,069.53$ 6,976.56$ 4,883.59$
St. Augustine Beach 0.007477250493%1,458.06$ 1,121.59$ 785.11$
St. Lucie 1.506627843552%685,515.67$ 527,319.75$ 369,123.82$
St. Lucie County 0.956156584302%186,450.53$ 143,423.49$ 100,396.44$
Fort Pierce 0.159535255654%31,109.37$ 23,930.29$ 16,751.20$
Port St. Lucie 0.390803453989%76,206.67$ 58,620.52$ 41,034.36$
St. Lucie Village 0.000132549608%25.85$ 19.88$ 13.92$
Sumter 0.326398870459%148,511.49$ 114,239.60$ 79,967.72$
Sumter County 0.302273026046%58,943.24$ 45,340.95$ 31,738.67$
Bushnell 0.006607507174%1,288.46$ 991.13$ 693.79$
Center Hill 0.001312785844%255.99$ 196.92$ 137.84$
Coleman 0.000748088199%145.88$ 112.21$ 78.55$
Webster 0.001423546476%277.59$ 213.53$ 149.47$
Wildwood 0.014033916721%2,736.61$ 2,105.09$ 1,473.56$
Suwannee 0.191014879692%86,911.77$ 66,855.21$ 46,798.65$
Suwannee County 0.161027800555%31,400.42$ 24,154.17$ 16,907.92$
Branford 0.000929663004%181.28$ 139.45$ 97.61$
Live Oak 0.029057416132%5,666.20$ 4,358.61$ 3,051.03$
Taylor 0.092181897282%41,942.76$ 32,263.66$ 22,584.56$
Taylor County 0.069969851319%13,644.12$ 10,495.48$ 7,346.83$
Perry 0.022212045963%4,331.35$ 3,331.81$ 2,332.26$
Union 0.065156303224%29,646.12$ 22,804.71$ 15,963.29$
Union County 0.063629259109%12,407.71$ 9,544.39$ 6,681.07$
Lake Butler 0.001398126003%272.63$ 209.72$ 146.80$
Raiford 0.000012710236%2.48$ 1.91$ 1.33$
Worthington Springs 0.000116207876%22.66$ 17.43$ 12.20$
Volusia 3.130329674480%1,424,300.00$ 1,095,615.39$ 766,930.77$
Volusia County 1.708575342287%333,172.19$ 256,286.30$ 179,400.41$
Daytona Beach 0.447556475212%87,273.51$ 67,133.47$ 46,993.43$
Daytona Beach Shores 0.039743093439%7,749.90$ 5,961.46$ 4,173.02$
DeBary 0.035283616215%6,880.31$ 5,292.54$ 3,704.78$
DeLand 0.098983689498%19,301.82$ 14,847.55$ 10,393.29$
Deltona 0.199329190038%38,869.19$ 29,899.38$ 20,929.56$
Edgewater 0.058042202343%11,318.23$ 8,706.33$ 6,094.43$
Flagler Beach 0.000223337011%43.55$ 33.50$ 23.45$
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Holly Hill 0.031615805143%6,165.08$ 4,742.37$ 3,319.66$
Lake Helen 0.004918861482%959.18$ 737.83$ 516.48$
New Smyrna Beach 0.104065968306%20,292.86$ 15,609.90$ 10,926.93$
Oak Hill 0.004820811087%940.06$ 723.12$ 506.19$
Orange City 0.033562287058%6,544.65$ 5,034.34$ 3,524.04$
Ormond Beach 0.114644516477%22,355.68$ 17,196.68$ 12,037.67$
Pierson 0.002333236251%454.98$ 349.99$ 244.99$
Ponce Inlet 0.023813535748%4,643.64$ 3,572.03$ 2,500.42$
Port Orange 0.177596501562%34,631.32$ 26,639.48$ 18,647.63$
South Daytona 0.045221205323%8,818.14$ 6,783.18$ 4,748.23$
Wakulla 0.115129321208%52,383.84$ 40,295.26$ 28,206.68$
Wakulla County 0.114953193647%22,415.87$ 17,242.98$ 12,070.09$
Sopchoppy 0.000107129135%20.89$ 16.07$ 11.25$
St. Marks 0.000068998426%13.45$ 10.35$ 7.24$
Walton 0.268558216151%122,193.99$ 93,995.38$ 65,796.76$
Walton County 0.224268489581%43,732.36$ 33,640.27$ 23,548.19$
DeFuniak Springs 0.017057137234%3,326.14$ 2,558.57$ 1,791.00$
Freeport 0.003290135477%641.58$ 493.52$ 345.46$
Paxton 0.023942453860%4,668.78$ 3,591.37$ 2,513.96$
Washington 0.120124444109%54,656.62$ 42,043.56$ 29,430.49$
Washington County 0.104908475404%20,457.15$ 15,736.27$ 11,015.39$
Caryville 0.001401757499%273.34$ 210.26$ 147.18$
Chipley 0.012550450560%2,447.34$ 1,882.57$ 1,317.80$
Ebro 0.000221521263%43.20$ 33.23$ 23.26$
Vernon 0.000361333863%70.46$ 54.20$ 37.94$
Wausau 0.000680905521%132.78$ 102.14$ 71.50$
100.00%100.00%19,500,000.00$ 45,500,000.00$ 15,000,000.00$ 35,000,000.00$ 10,500,000.00$ 24,500,000.00$
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PURDUE PHARMA L.P.
ABATEMENT PLAN TERM SHEET
SUMMARY OF TERMS AND CONDITIONS
THIS TERM SHEET DOES NOT CONSTITUTE (NOR SHALL
IT BE CONSTRUED AS) AN OFFER, AGREEMENT OR COMMITMENT 1
Issue Description
1. APPLICABILITY
OF AGREEMENT
These terms (once agreed) shall apply to the allocation of value received
under, and shall be incorporated into, any plan of reorganization (the
“Chapter 11 Plan”) in the chapter 11 cases of Purdue Pharma L.P. and its
affiliates (collectively, “Purdue”) pending in the U.S. Bankruptcy Court
for the Southern District of New York (the “Bankruptcy Court”) between
the states, territories and the District of Columbia (each a “State”) on the
one hand, each county, city, town, parish, village, municipality that
functions as a political subdivision under State law, or a governmental
entity that has the authority to bring Drug Dealer Liability Act (“DDLA
Claims”) under State law (collectively, the “Local Governments”), and
each federally recognized Native American, Native Alaskan or American
Indian Tribe (each a “Tribe”) on the other.
2. PURPOSE Virtually all creditors and the Court itself in the Purdue bankruptcy
recognize the need and value in developing a comprehensive abatement
strategy to address the opioid crisis as the most effective use of the funds
that can be derived from the Purdue estate (including without limitation
insurance proceeds and, if included in the Chapter 11 Plan, payments by
third-parties seeking releases). Because of the unique impact the crisis has
had throughout all regions of the country, and as repeatedly recognized by
Judge Drain, division of a substantial portion of the bankruptcy estate
should occur through an established governmental structure, with the use
of such funds strictly limited to abatement purposes as provided herein.2
1 As a condition to participating in this abatement structure, the settlements that the states of Kentucky and
Oklahoma separately entered into with Purdue must be taken into account in any allocation to them or flowing
through them. Potential adjustments may include a different Government Participation Mechanism structure for the
disbursement of funds to benefit Local Governments in those states or some redirection of funds, which would still
be used solely for abatement purposes.
2 See, e.g., Hrg. Tr at 149:22-150:5 (Oct. 11, 2019)(‘ “I would hope that those public health steps, once the difficult
allocation issues that the parties have addressed here, can be largely left up to the states and municipalities so that they
can use their own unique knowledge about their own citizens and how to address them. It may be that some states
think it’s more of a law enforcement issue, i.e. interdicting illegal opioids at this point. Others may think education is
more important. Others may think treatment is more important.”); id. At 175:24-176:6 (“I also think, and again, I
didn’t say this lightly, that my hope in the allocation process is that there would be an understanding between the
states and the municipalities and localities throughout the whole process that[,] subject to general guidelines on how
the money should be used, specific ways to use it would be left up to the states and the municipalities, with guidance
from the states primarily.”); Hr’g Tr. At 165:3-165:14 (Nov. 19, 2019) (“I continue to believe that the states play a
major role in [the allocation] process. The role I’m envisioning for them is not one where they say we get everything.
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Issue Description
This approach recognizes that funding abatement efforts – which would
benefit most creditors and the public by reducing future effects of the crisis
through treatment and other programs – is a much more efficient use of
limited funds than dividing thin slices among all creditors with no
obligation to use it to abate the opioid crisis. Because maximizing
abatement of the opioid crisis requires coordination of efforts by all levels
of government, particularly when the abatement needs far exceed the
available funds, this structure requires a collaborative process between each
State and its Local Governments. This Term Sheet is intended to establish
the mechanisms for distribution and allocation of funds to States, Local
Governments and Tribes (the “Abatement Funds”) to be incorporated into
the Chapter 11 Plan and any order approving the Chapter 11 Plan
(Abatement Funds net of the portion thereof allocated to a Tribal
Abatement Fund under Section 5 hereof are referred to herein as “Public
Funds”). The parties agree that 100% of the Public Funds distributed under
the Chapter 11 Plan shall be used to abate the opioid crisis. Specifically,
(i) no less than ninety five percent (95%)of the Public Funds distributed
under the Chapter 11 Plan shall be used for abatement of the opioid crisis
by funding opioid or substance use disorder related projects or programs
that fall within the list of uses in Schedule B (the “Approved Opioid
Abatement Uses”); (ii) priority shall be given to the core abatement
strategies (“Core Strategies”) as identified on Schedule A; and (iii) no
more than five percent (5%) of the Public Funds may be used to fund
expenses incurred in administering the distributions for the Approved
Opioid Abatement Uses, including the process of selecting programs to
receive distributions of Public Funds for implementing those programs
and in connection with the Government Participation Mechanism3
(“Allowed Administrative Expenses,” and together with the Approved
Opioid Abatement Uses, “Approved Uses”).4 Notwithstanding anything
in this term sheet that might imply to the contrary, projects or programs that
constitute Approved Opioid Abatement Uses may be provided by States,
State agencies, Local Governments, Local Government agencies or
nongovernmental parties and funded from Public Funds.
3. GENERAL NOTES The governmental entities maintain that the most beneficial and efficient
use of limited bankruptcy funds is to dedicate as large a portion as
possible to abatement programs addressing the opioid crisis. If this
I think that should be clear and I think it is clear to them. But, rather, where they act – in the best principles of
federalism, for their state, the coordinator for the victims in their state.”); Hr’g Tr. at 75:19-76:1 (Jan. 24, 2020) (“Even
if there ultimately is an allocation here – and there’s not a deal now, obviously, at this point on a plan. But if there is
an allocation that leaves a substantial amount of the Debtors’ value to the states and territories, one of the primary
benefits of a bankruptcy case is that the plan can lock in, perhaps only in general ways, but perhaps more in specific
ways, how the states use that money . . . .”).
3 Capitalized terms not defined where first used shall have the meanings later ascribed to them in this Term Sheet.
4 Nothing in this term sheet is intended to, nor does it, limit or permit the ability of funds from the Purdue estate
(other than Public Funds) to be used to pay for legal fees and expenses incurred in anticipation of or during Purdue’s
chapter 11 case, or once confirmed, in implementing the Chapter 11 Plan.
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Issue Description
approach is taken, the governmental entities involved in the mediation –
states, territories, tribes, counties, cities and others – would commit the
Public Funds allocated to them to such future abatement, in lieu of direct
payment for their claims.
a. Resolution of States’ and Local Governments’ claims under this
model presumes signoff by and support of the federal government,
including an agreement that the federal government will also forego
its past damages claims. Continued coordination with the federal
government therefore is necessary as this model is finalized.
b. This outline addresses the allocation of Abatement Funds among
governmental entities to provide abatement programs to the public
for the benefit of not only the governmental entities and their
constituents, but also a substantial number of other creditors. The
States and Local Governments welcome other, private-side creditor
groups to enter discussions concerning how such creditors may
participate in, contribute to and/or benefit from the government-
funded abatement programs contemplated herein in lieu of direct
payment on their claims for past damages.
c. In addition to providing abatement services, it is understood that, if
their claims are to be released in a reorganization plan, a portion of
the Purdue estate will also need to be dedicated to personal injury
claimants. A proposal regarding such claims is being developed
separately.
d. All Public Funds distributed from the Purdue bankruptcy estate as
part of this abatement structure shall be used only for such
Approved Uses. Compliance with these requirements shall be
verified through reporting, as set out in Section 8. This outline and
the terms herein are intended to apply solely to the use and
allocation of Public Funds in the Purdue Chapter 11 Plan, and do
not apply to the use or allocation of funds made available as the
result of judgments against or settlements with any party other than
those released as part of the Chapter 11 Plan.
4. DISBURSEMENT
OF FUNDS
Disbursement of Abatement Funds
The Bankruptcy Court shall appoint [a third-party administrator
(“Administrator”)] [Trustee(s)] who will perform the ministerial task of
overseeing distribution of all Abatement Funds, which will consist of all
assets transferred to such fund by way of the confirmed Chapter 11 Plan,
and any, growth, earnings, or revenues from such assets, as well as proceeds
from any future sale of such assets. The [Administrator] [Trustees] shall
distribute the Abatement Fund consistent with the Chapter 11 Plan and shall
provide to the Bankruptcy Court an annual report on such distributions.
[Points to be addressed regarding disbursements:
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Issue Description
• Trigger and timing for disbursements.
• Insert details to show how these funds shall be distributed for
abatement uses and that the funds will not flow into the state general
revenue accounts (unless constitutionally required and, in that
event, the funds shall still be disbursed for abatement uses as
required by the terms of the document), including possible
distribution to state points of contact and block grant recipients.
• Possible creation of template document for Abatement Funds
distribution requests.
• If trust mechanism is employed, trust location and governing law.]
5. ATTORNEYS’
FEES AND COSTS
FUND
A separate fund will be established for attorneys’ fees and litigation costs
in the final bankruptcy plan. Agreement by the parties to this Abatement
Plan Term Sheet is contingent upon the establishment of this fund and the
details of the fund, which are subject to further negotiation, including
without limitation the participants, amount, jurisdiction, oversight, and
administration. Participation in an abatement program, receipt of
abatement services or benefits will not affect, and specific percentages in
the abatement structure received by various parties will not determine, the
amount of fees and costs that may be recovered.
6. TRIBAL
ABATEMENT
FUNDING
a. [X%] of the Abatement Funds will be allocated to a Tribal
Abatement Fund and these funds will not be a part of the structure
involving abatement programs funded by state and local
governments.
b. The Tribes are working on their proposal for allocation among
Tribes, which would be included as part of the overall abatement
plan.
c. The Tribes will use the tribal allocation of Abatement Funds for
programs on the approved list of abatement strategies (see
Schedule B) and also for culturally appropriate activities, practices,
teachings or ceremonies that are, in the judgment of a tribe or tribal
health organization, aimed at or supportive of remediation and
abatement of the opioid crisis within a tribal community.5 The
Tribes will have a list of representative examples of such culturally
appropriate abatement strategies, practices and programs which is
attached as Schedule [ ]. The separate allocation of abatement
funding and illustrative list of culturally appropriate abatement
strategies recognizes that American Indian and Alaska Native
Tribes and the communities they serve possess unique cultural
histories, practices, wisdom, and needs that are highly relevant to
the health and well-being of American Indian and Alaska Native
5 [NTD: Discuss how private claimants will be treated under Tribal Allocation, if at all.]
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Issue Description
people and that may play an important role in both individual and
public health efforts and responses in Native communities.
7. DIVISION OF
PUBLIC FUNDS
Public Funds are allocated among the States, the District of Columbia and
Territories in the percentages set forth on Schedule C.
Except as set forth below in section 7(C) for the District of Columbia and
Territories, each State’s Schedule C share shall then be allocated within the
State in accordance with the following:
1. Statewide Agreement. Each State and its Local Governments
will have until [the later of 60 days from entry of an order
confirming the Chapter 11 Plan or the Effective Date of the
Chapter 11 Plan]6 (the “Agreement Date”) to file with the
Bankruptcy Court an agreed-upon allocation or method for
allocating the Public Funds for that State dedicated only to
Approved Uses (each a “Statewide Abatement Agreement” or
“SAA”). Any State and its Local Governments that have reached
agreement before the Effective Date of the Chapter 11 Plan that
satisfies the metric for approval as described in the immediately
following paragraph shall file a notice with the Bankruptcy Court
that it has adopted a binding SAA and either include the SAA
with its filing or indicate where the SAA is publicly available for
the SAA to be effective for the Purdue Bankruptcy. Any dispute
regarding allocation within a State will be resolved as provided
by the Statewide Abatement Agreement.
A Statewide Abatement Agreement shall be agreed when it has
been approved by the State and either (a) representatives7 of its
Local Governments whose aggregate Population Percentages,
determined as set forth below, total more than Sixty Percent
(60%), or (b) representatives of its Local Governments whose
aggregate Population Percentages total more than fifty percent
(50%) provided that these Local Governments also represent
15% or more of the State’s counties or parishes (or, in the case of
States whose counties and parishes that do not function as Local
Governments, 15% of or more of the State’s incorporated cities
or towns), by number.8
6 Should there be provision for extension of the date for filing Statewide Abatement Agreement?
7 An authorized “representative” of local, or even State, government can differ in this Term Sheet depending on the
context.
8 All references to population in this Term Sheet shall refer to published U. S. Census Bureau population estimates
as of July 1, 2019, released March 2020, and shall remain unchanged during the term of this agreement. These
estimates can currently be found at https://www.census.gov/data/datasets/time-series/demo/popest/2010s-counties-
total.html
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Issue Description
Population Percentages shall be determined as follows:
For States with counties or parishes that function as Local
Governments,9 the Population Percentage of each county or
parish shall be deemed to be equal to (a) (1) 200% of the
population of such county or parish, minus (2) the aggregate
population of all Primary Incorporated Municipalities located in
such county or parish,10 divided by (b) 200% of the State’s
population. A “Primary Incorporated Municipality” means a
city, town, village or other municipality incorporated under
applicable state law with a population of at least 25,000 that is
not located within another incorporated municipality The
Population Percentage of each primary incorporated municipality
shall be equal to its population (including the population of any
incorporated or unincorporated municipality located therein)
divided by 200% of the State’s population; provided that the
Population Percentage of a primary incorporated municipality
that is not located within a county shall be equal to 200% of its
population (including the population of any incorporated or
unincorporated municipality located therein) divided by 200% of
the State’s population. For all States that do not have counties or
parishes that function as Local Governments, the Population
Percentage of each incorporated municipality (including any
incorporated or unincorporated municipality located therein),
shall be equal to its population divided by the State’s population.
The Statewide Abatement Agreement will become effective
within fourteen (14) days of filing, unless otherwise ordered by
the Bankruptcy Court.
A State and its Local Governments may revise, supplement, or
refine a Statewide Abatement Agreement by filing an amended
Statewide Abatement Agreement that has been approved by the
State and sufficient Local Governments to satisfy the approval
standards set forth above with the Bankruptcy Court, which shall
become effective within fourteen (14) days of filing, unless
otherwise ordered by the Bankruptcy Court.
2. Default Allocation Mechanism (excluding Territories and
DC addressed below). The Public Funds allocable to a State
that is not party to a Statewide Abatement Agreement as
defined in 7(1) above (each a “Non-SAA State”) shall be
allocated as between the State and its Local Governments to be
9 The following states do not have counties or parishes that function as Local Governments: Alaska, Connecticut,
Massachusetts, Rhode Island, and Vermont [INSERT OTHERS]. All other States have counties or parishes that
function as Local Governments.
10 Discuss how to deal with cities and towns that straddle counties.
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Issue Description
used only for Approved Uses, in accordance with this Section
(B) (the “Default Allocation Mechanism”).
a. Regions. Except as provided in the final sentence of this
paragraph, each Non-SAA State shall be divided into
“Regions” as follows: (a) each Qualifying Block
Grantee (as defined below) shall constitute a Region;
and (b) the balance of the State shall be divided into
Regions (such Regions to be designated by the State
agency with primary responsibility for substance abuse
disorder services employing to the maximum extent
practical, existing regions established in that State for
opioid abuse treatment or similar public health purposes);
such non-Qualifying Block Grantee Regions are
referred to herein as “Standard Regions”). The Non-
SAA States which have populations under 4 million and
do not have existing regions described in the foregoing
clause (b) shall not be required to establish Regions;11
such a State that does not establish Regions but which
does contain one or more Qualifying Block Grantees
shall be deemed to consist of one Region for each
Qualifying Block Grantee and one Standard Region
for the balance of the State.
b. Regional Apportionment. Public Funds shall be
allocated to each Non-SAA State, as defined in 7(1)
above, as (a) a Regional Apportionment or (b) a Non-
Regional Apportionment based on the amount of Public
Funds dispersed under a confirmed Chapter 11 Plan as
follows:
i. First $1 billion – 70% Regional
Apportionment/30% Non-Regional
Apportionment
ii. $1-$2.5 billion – 64% Regional Apportionment
/36% Non-Regional Apportionment
iii. $2.5-$3.5 billion – 60% Regional
Apportionment /40% Non-Regional
Apportionment
iv. Above $3.5 billion – 50% Regional
Apportionment /50% Non-Regional
Apportionment
11 To the extent they are not parties to a Statewide Abatement Agreement, the following States will qualify as a Non-
SAA State that does not have to establish Regions: Connecticut, Delaware, Hawai’i, Iowa, Maine, Nevada, New
Hampshire, New Mexico, Rhode Island, Vermont [INSERT OTHERS].
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c. Qualifying Block Grantee. A “Qualifying Local
Government” means a county or parish (or in the cases
of States that do not have counties or parishes that
function as political subdivision, a city), that (a) either (i)
has a population of 400,000 or more or (ii) in the case of
California has a population of 750,000 or more and (b)
has funded or otherwise manages an established, health
care and/or treatment infrastructure (e.g., health
department or similar agency) to evaluate, award, manage
and administer a Local Government Block Grant.12 A
Qualifying Local Government that elects to receive
Public Funds through Local Government Block Grants
is referred to herein as a Qualifying Block Grantee.13
d. Proportionate Shares of Regional Apportionment. As
used herein, the “Proportionate Share” of each Region
in each Non-SAA State shall be (a) for States in which
counties or parishes function as Local Governments, the
aggregate shares of the counties or parishes located in
such Region under the allocation model employed in
connection with the Purdue Bankruptcy (the “Allocation
Model”),14 divided by the aggregate shares for all
counties or parishes in the State under the Allocation
Model; and (b) for all other States, the aggregate shares
of the cities and towns in that Region under the
Allocation Model’s intra-county allocation formula,
divided by the aggregate shares for all cities and towns 15
in the State under the Allocation Model.
e. Expenditure or Disbursement of Regional
Apportionment. Subject to 7(2)(i) below regarding
Allowed Administrative Expenses, all Regional
Apportionments shall be disbursed or expended in the
form of Local Government Block Grants or otherwise
for Approved Opioids Abatement Uses in the Standard
Regions of each Non-SAA State.
12 As noted in footnote 8, the population for each State shall refer to published U. S. Census Bureau population
estimates as of July 1, 2019, released March 2020, and shall remain unchanged during the term of this agreement.
These estimates can currently be found at https://www.census.gov/data/datasets/time-series/demo/popest/2010s-
counties-total.html
13 [NTD: Perhaps provide for a Qualifying Political Subdivision to expand to include neighboring areas that are part
of its metro area?]
14 Need to address whether to use the Negotiation Class Allocation Model or other metric to determine Proportionate
Share.
15 Should this be all cities and towns or only primary incorporated municipalities?
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f. Qualifying Block Grantees. Each Qualifying Block
Grantee shall receive its Regional Apportionment as a
block grant (a “Local Government Block Grant”).
Local Government Block Grants shall be used only for
Approved Opioid Abatement Uses by the Qualifying
Block Grantee or for grants to organizations within its
jurisdiction for Approved Opioid Abatement Uses and
for Allowed Administrative Expenses in accordance
with 7(2)(i) below. Where a municipality located wholly
within a Qualifying Block Grantee would independently
qualify as a block grant recipient (“Independently
Qualifying Municipality”), the Qualifying Block
Grantee and Independently Qualifying Municipality
must make a substantial and good faith effort to reach
agreement on use of Abatement Funds as between the
qualifying jurisdictions. If the Independently
Qualifying Municipality and the Qualifying Block
Grantee cannot reach such an agreement on or before the
Agreement Date [or some later specified date], the
Qualifying Block Grantee will receive the Local
Government Block Grant for its full Proportionate
Share and commit programming expenditures to the
benefit of the Independently Qualifying Municipality
in general proportion to Proportionate Shares
(determined as provided in 7(2)(d) above) of the
municipalities within the Qualifying Block Grantee.
Notwithstanding the allocation of the Proportionate Share
of each Regional Apportionment to the Qualifying Block
Grantee, a Qualifying Block Grantee may choose to
contribute a portion of its Proportionate Share towards a
Statewide program.
g. Standard Regions. The portions of each Regional
Apportionment not disbursed in the form of Local
Government Block Grants shall be expended
throughout the Standard Regions of each Non-SAA
State in accordance with 95%-105% of the respective
Proportionate Shares of such Standard Regions. Such
expenditures will be in a manner that will best address
Opioid abatement within the State as determined by the
State with the input, advice and recommendations of the
Government Participation Mechanism described in
Section 8 below. This regional spending requirement
may be met by delivering Approved Opioid Abatement
Use services or programs to a Standard Region or its
residents. Delivery of such services or programs can be
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accomplished directly or indirectly through many
different infrastructures and approaches, including
without limitation the following:
i. State agencies, including local offices;
ii. Local governments, including local government
health departments;
iii. State public hospital or health systems;
iv. Health care delivery districts;
v. Contracting with abatement service providers,
including nonprofit and commercial entities; or
vi. Awarding grants to local programs.
h. Expenditure or Disbursement of Public Funds Other
Than Regional Apportionment. All Public Funds
allocable to a Non-SAA State that are not included in the
State’s Regional Apportionment shall be expended only
on Approved Uses. The expenditure of such funds shall
be at the direction of the State’s lead agency (or other
point of contact designated by the State) and may be
expended on a statewide and/or localized manner,
including in the manners described in herein. Qualifying
Block Grantees will be eligible to participate in or
receive the benefits of any such expenditures on the same
basis as other Regions.
i. Allowed Administrative Expenses. Qualifying Block
Grantees States may use up to 5% of their Non-
Regional Apportionments plus 5% of the Regional
Apportionment not used to fund Local Government
Block Grants, for Allowed Administrative Expenses.
Qualifying Block Grantees may use up to 5% of their
Local Government Block Grants to fund their Allowed
Administrative Expenses.
3. Records. The State shall maintain records of abatement
expenditures and its required reporting will include data on
regional expenditures so it can be verified that the Regional
Distribution mechanism guarantees are being met.16 Qualifying
Block Grantees shall maintain records of abatement
expenditures and shall provide those records periodically to their
State for inclusion in the State’s required periodic reporting, and
shall be subject to audit consistent with State law applicable to
the granting of State funds.
16 Additional records and reporting requirements?
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Issue Description
(C) Allocation for Territories and the District of Columbia Only The
allocation of Public Funds within a Territory or the District of Columbia
will be determined by its local legislative body [within one year of the
Agreement Date ], unless that legislative body is not in session, in which
case, the allocation of Public Funds shall be distributed pursuant to the
direction of the Territory’s or District of Columbia’s executive, in
consultation – to the extent applicable – with its Government Participation
Mechanism [within ninety (90) days of the Agreement Date ].17
8. GOVERNMENT
PARTICIPATION
MECHANISM
In each Non-SAA State, as defined in 7(1) above, there shall be a process,
preferably pre-existing, whereby the State shall allocate funds under the
Regional Distribution mechanism only after meaningfully consulting with
its respective Local Governments. Each such State shall identify its
mechanism (whether be it a council, board, committee, commission,
taskforce, or other efficient and transparent structure) for consulting with
its respective Local Governments (the “Government Participation
Mechanism” or “GPM”) in a notice filed with the Bankruptcy Court
identifying what GPM has been formed and describing the participation of
its Local Governments in connection therewith. States may combine these
notices into one or more notices for filing with the Bankruptcy Court.
These notices are reviewable by the Bankruptcy Court upon the motion of
any Local Government in that State asserting that no GPM has been
formed.
Government Participation Mechanisms shall conform to the following:
(A) Composition. For each State,
a. the State, on the one hand, and State’s Local Governments,
on the other hand, shall have equal representation on a
GPM;
b. Local Government representation on a GPM shall be
weighted in favor of the Standard Regions but can include
representation from the State’s Qualifying Block Grantees;
c. the GPM will be chaired by a non-voting Chairperson
appointed by the State;
d. Groups formed by the States’ executive or legislature may
be used as a GPM, provided that the group has equal
representation by the State and the State’s Local
Governments.18
Appointees should possess experience, expertise and education
with respect to public health, substance abuse, and other related
17 Territory and DC provisions to be discussed
18 Additional potential terms: mechanism for state and local appointment; duration of term, reimbursement of
expenses.
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Issue Description
topics as is necessary to assure the effective functioning of the
GPM.
(B) Consensus. Members of the GPMs should attempt to reach
consensus with respect to GPM Recommendations and other
actions of the GPM. Consensus is defined in this process as a
general agreement achieved by the members that reflects, from
as many members as possible, their active support, support with
reservations, or willingness to abide by the decision of the other
members. Consensus does not require unanimity or other set
threshold and may include objectors. In all events, however,
actions of a GPM shall be effective if supported by at least a
majority of its Members. GPM Recommendations and other
action shall note the existence and summarize the substance of
objections where requested by the objector(s).
(C) Proceedings. Each GPM shall hold no fewer than four public
meetings annually, to be publicized and located in a manner
reasonably designed to facilitate attendance by residents
throughout the State. Each GPM shall function in a manner
consistent with its State’s open meeting, open government or
similar laws, and with the Americans with Disabilities Act. GPM
members shall be subject to State conflict of interest and similar
ethics in government laws.
(D) Consultation and Discretion. The GPM shall be a mechanism
by which the State consults with community stakeholders,
including Local Governments (including those not a part of the
GPM), state and local public health officials and public health
advocates, in connection with opioid abatement priorities and
expenditure decisions for the use of Public Funds on Approved
Opioid Abatement Uses.19
(E) Recommendations. A GPM shall make recommendations
regarding specific opioid abatement priorities and expenditures
for the use of Public Funds on Approved Opioid Abatement Uses
to the State or the agency designated by a State for this purpose
(“GPM Recommendations”). In carrying out its obligations to
provide GPM Recommendations, a GPM may consider local,
state and federal initiatives and activities related to education,
prevention, treatment and services for individuals and families
experiencing and affected by opioid use disorder; recommend
priorities to address the State’s opioid epidemic, which
recommendations may be Statewide or specific to Regions;
recommend Statewide or Regional funding with respect to
specific programs or initiatives; recommend measurable
outcomes to determine the effectiveness of funds expended for
19 Address form of consultation with non-GPM members, public hearings, etc.
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Issue Description
Approved Opioid Abatement Uses; monitor the level of
Allowed Administrative Expenses expended from Public
Funds.
The goal is for a process that produces GPM Recommendations
that are recognized as being an efficient, evidence-based
approach to abatement that addresses the State’s greatest needs
while also including programs reflecting particularized needs in
local communities. It is anticipated that such a process,
particularly given the active participation of state representatives,
will inform and assist the state in making decisions about the
spending of the Public Funds. To the extent a State chooses not
to follow a GPM Recommendation, it will make publicly
available within 14 days after the decision is made a written
explanation of the reasons for its decision, and allow 7 days for
the GPM to respond.
(F) Review. Local Governments and States may object to an
allocation or expenditure of Public Funds (whether a Regional
Apportionment or Non-Regional Apportionment) solely on the
basis that the allocation or expenditure at issue (i) is inconsistent
with the provisions of Section 7(B)2 hereof with respect to the
levels of Regional Apportionments and Non-Regional
Apportionments; (ii) is inconsistent with the provisions of
Section 7(B)(5) hereof with respect to the amounts of Local
Government Block Grants or Regional Apportionment
expenditures; (iii) is not for an Approved Use, or (iv) violates
the limitations set forth herein with respect to Allowed
Administrative Fees. The objector shall have the right to bring
that objection to either (a) a court with jurisdiction within the
applicable State (“State Court”) or (b) the Bankruptcy Court if
the Purdue chapter 11 case has not been closed; provided that
nothing herein is intended to expand the scope of the Bankruptcy
Court’s post-confirmation jurisdiction or be deemed to be a
consent to any expanded post-confirmation jurisdiction by the
Bankruptcy Court (each an “Objection”). If an Objection is filed
within fourteen (14) days of approval of an Allocation, then no
funds shall be distributed on account of the aspect of the
Allocation that is the subject of the Objection until the Objection
is resolved or decided by the Bankruptcy Court or State Court, as
applicable. There shall be no other basis for bringing an
Objection to the approval of an Allocation.
8. COMPLIANCE,
REPORTING, AUDIT
AND
ACCOUNTABILITY
At least annually, each State shall publish on the lead State Agency’s
website or on its Attorney General’s website a report detailing for the
preceding time period, respectively (i) the amount of Public Funds
received, (ii) the allocation awards approved (indicating the recipient, the
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Issue Description
amount of the allocation, the program to be funded and disbursement
terms), and (iii) the amounts disbursed on approved allocations, to
Qualifying Local Governments for Local Government Block Grants and
Allowed Administrative Fees.
At least annually, each Qualifying Block Grantee which has elected to
take a Local Government Block Grant shall publish on its lead Agency’s or
Local Government’s website a report detailing for the preceding time
period, respectively (i) the amount of Local Government Block Grants
received, (ii) the allocation awards approved (indicating the recipient, the
amount of the grant, the program to be funded and disbursement terms),
and (iii) the amounts disbursed on approved allocations.
As applicable, each State or Local Government shall impose reporting
requirements on each recipient to ensure that Public Funds are only being
used for Approved Uses, in accordance with the terms of the allocation,
and that the efficacy of the expenditure of such Public Funds with respect
to opioids abatement can be publicly monitored and evaluated.
The expenditure and disbursement of Public Funds shall be subject to audit
by States as follows: [details of audit scope, process, output, etc.]
(a) A court with jurisdiction within the applicable State (“State Court”) or
(b) the Bankruptcy Court if the Purdue chapter 11 case has not been closed
shall have jurisdiction to enforce the terms of this agreement, and as
applicable, a Statewide Abatement Agreement or Default Mechanism;
provided that nothing herein is intended to expand the scope of the
Bankruptcy Court’s post-confirmation jurisdiction.
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Schedule A
Core Strategies
States and Qualifying Block Grantees shall choose from among the abatement strategies listed in
Schedule B. However, priority shall be given to the following core abatement strategies (“Core
Strategies”)[, such that a minimum of __% of the [aggregate] state-level abatement distributions
shall be spent on [one or more of] them annually].
A. Naloxone/Narcan
1. Expand training for first responders, EMTs, law enforcement, schools,
community support groups and families; and
2. Increase distribution to non-Medicaid eligible or uninsured individuals.
B. Medication Assisted Treatment (“MAT”) Distribution and other opioid-related
treatment
1. Increase distribution of MAT to non-Medicaid eligible or uninsured
individuals;
2. Provide MAT services to youth and education to school-based and youth-
focused programs that discourage or prevent misuse;
3. Provide MAT education and awareness training to healthcare providers,
EMTs, law enforcement, and other first responders; and
4. Non-MAT treatment, including addition and expansion of services for
managing withdrawal and related systems such as detox, residential,
hospitalization, intensive outpatient, outpatient, recovery housing, and
treatment facilities.
C. Pregnant & Postpartum Women
1. Expand Screening, Brief Intervention, and Referral to Treatment (“SBIRT”)
services to non-Medicaid eligible or uninsured pregnant women;
2. Expand comprehensive evidence-based treatment and recovery services,
including MAT, for women with co-occurring Opioid Use Disorder
(“OUD”) and other Substance Use Disorder (“SUD”)/Mental Health
disorders from 60 days postpartum to 12 months (post-Medicaid coverage);
and
3. Provide comprehensive wrap-around services to individuals in recovery
including housing, transportation, job placement/training, and childcare.
D. Expanding Treatment for Neonatal Abstinence Syndrome
1. Expand comprehensive evidence-based and recovery support for NAS
babies;
2. Expand services for better continuum of care with infant-need dyad; and
3. Expand long-term treatment and services for medical monitoring of NAS
babies and their families.
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E. Expansion of Warm Hand-off Programs and Recovery Services
1. Expand services such as navigators and on-call teams to begin MAT in
hospital emergency departments;
2. Expand warm hand-off services to transition to recovery services;
3. Broaden scope of recovery services to include co-occurring SUD or other
polysubstance abuse problems;
4. Provide comprehensive wrap-around services to individuals in recovery
including housing, transportation, job placement/training, and childcare;
and
5. Hire additional social workers to facilitate expansions above.
F. Treatment for Incarcerated Population
1. Provide evidence-based treatment and recovery support including MAT for
persons with OUD and co-occurring SUD/MH disorders within and
transitioning out of the criminal justice system; and
2. Increase funding for jails that currently have or had detox units to treat
inmates with OUD.
G. Prevention Programs
1. Funding for media campaigns to prevent opioid use (similar to the FDA’s
“Real Cost” campaign to prevent youth from misusing tobacco);
2. Funding for school-based prevention programs, beyond education about
MAT mentioned above, including evidence-based school-wide programs;
3. Funding for medical provider education and outreach regarding best
prescribing practices for opioids consistent with the 2016 CDC guidelines,
including providers at hospitals (academic detailing);
4. Funding for community drug disposal programs; and
5. Funding for additional city police officers/county sheriffs to specifically
address OUD and opioid-related ODs.
H. Expanding Syringe Service Programs
1. Provide comprehensive syringe exchange services programs with more
wrap-around services including treatment information.
I. Evidence based data collection and research analyzing the effectiveness of the
abatement strategies within the State.
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Schedule B
Approved Uses 20
Support treatment of Opioid Use Disorder (OUD) and any co-occurring Substance Use Disorder
or Mental Health (SUD/MH) conditions through evidence-based, evidence-informed, or
promising programs or strategies that may include, but are not limited to, the following:
PART ONE: TREATMENT
A. TREAT OPIOID USE DISORDER (OUD)
Support treatment of Opioid Use Disorder (OUD) and any co-occurring Substance Use Disorder
or Mental Health (SUD/MH) conditions through evidence-based, evidence-informed, or
promising programs or strategies that may include, but are not limited to, the following:
1. Expand availability of treatment for OUD and any co-occurring SUD/MH conditions,
including all forms of Medication-Assisted Treatment (MAT) approved by the U.S. Food
and Drug Administration.
2. Support and reimburse services that include the full American Society of Addiction
Medicine (ASAM) continuum of care for OUD and any co-occurring SUD/MH
conditions, including but not limited to:
a. Medication-Assisted Treatment (MAT);
b. Abstinence-based treatment;
c. Treatment, recovery, or other services provided by states, subdivisions,
community health centers; non-for-profit providers; or for-profit providers;
d. Treatment by providers that focus on OUD treatment as well as treatment by
providers that offer OUD treatment along with treatment for other SUD/MH
conditions; or
e. Evidence-informed residential services programs, as noted below.
3. Expand telehealth to increase access to treatment for OUD and any co-occurring
SUD/MH conditions, including MAT, as well as counseling, psychiatric support, and
other treatment and recovery support services.
4. Improve oversight of Opioid Treatment Programs (OTPs) to assure evidence-based,
evidence-informed, or promising practices such as adequate methadone dosing and low
threshold approaches to treatment.
5. Support mobile intervention, treatment, and recovery services, offered by qualified
professionals and service providers, such as peer recovery coaches, for persons with
20 [NTD: Discuss expanded list of Approved Uses to be included. Discuss “self-executing” function based on
additional information received from NCSG.]
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OUD and any co-occurring SUD/MH conditions and for persons who have experienced
an opioid overdose.
6. Treatment of mental health trauma resulting from the traumatic experiences of the opioid
user (e.g., violence, sexual assault, human trafficking, or adverse childhood experiences)
and family members (e.g., surviving family members after an overdose or overdose
fatality), and training of health care personnel to identify and address such trauma.
7. Support detoxification (detox) and withdrawal management services for persons with
OUD and any co-occurring SUD/MH conditions, including medical detox, referral to
treatment, or connections to other services or supports.
8. Training on MAT for health care providers, students, or other supporting professionals,
such as peer recovery coaches or recovery outreach specialists, including telementoring
to assist community-based providers in rural or underserved areas.
9. Support workforce development for addiction professionals who work with persons with
OUD and any co-occurring SUD/MH conditions.
10. Fellowships for addiction medicine specialists for direct patient care, instructors, and
clinical research for treatments.
11. Scholarships and supports for certified addiction counselors and other mental and
behavioral health providers involved in addressing OUD any co-occurring SUD/MH
conditions, including but not limited to training, scholarships, fellowships, loan
repayment programs, or other incentives for providers to work in rural or underserved
areas.
12. Scholarships for persons to become certified addiction counselors, licensed alcohol and
drug counselors, licensed clinical social workers, and licensed mental health counselors
practicing in the SUD field, and scholarships for certified addiction counselors, licensed
alcohol and drug counselors, licensed clinical social workers, and licensed mental health
counselors practicing in the SUD field for continuing education and licensing fees.
13. Provide funding and training for clinicians to obtain a waiver under the federal Drug
Addiction Treatment Act of 2000 (DATA 2000) to prescribe MAT for OUD, and provide
technical assistance and professional support to clinicians who have obtained a DATA
2000 waiver.
14. Dissemination of web-based training curricula, such as the American Academy of
Addiction Psychiatry’s Provider Clinical Support Service-Opioids web-based training
curriculum and motivational interviewing.
15. Development and dissemination of new curricula, such as the American Academy of
Addiction Psychiatry’s Provider Clinical Support Service for Medication-Assisted
Treatment.
B. SUPPORT PEOPLE IN TREATMENT AND RECOVERY
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Support people in treatment for and recovery from OUD and any co-occurring SUD/MH
conditions through evidence-based, evidence-informed, or promising programs or strategies that
may include, but are not limited to, the following:
1. Provide the full continuum of care of recovery services for OUD and any co-occurring
SUD/MH conditions, including supportive housing, residential treatment, medical detox
services, peer support services and counseling, community navigators, case management,
and connections to community-based services.
2. Provide counseling, peer-support, recovery case management and residential treatment
with access to medications for those who need it to persons with OUD and any co-
occurring SUD/MH conditions.
3. Provide access to housing for people with OUD and any co-occurring SUD/MH
conditions, including supportive housing, recovery housing, housing assistance programs,
or training for housing providers.
4. Provide community support services, including social and legal services, to assist in
deinstitutionalizing persons with OUD and any co-occurring SUD/MH conditions.
5. Support or expand peer-recovery centers, which may include support groups, social
events, computer access, or other services for persons with OUD and any co-occurring
SUD/MH conditions.
6. Provide or support transportation to treatment or recovery programs or services for
persons with OUD and any co-occurring SUD/MH conditions.
7. Provide employment training or educational services for persons in treatment for or
recovery from OUD and any co-occurring SUD/MH conditions.
8. Identify successful recovery programs such as physician, pilot, and college recovery
programs, and provide support and technical assistance to increase the number and
capacity of high-quality programs to help those in recovery.
9. Engage non-profits, faith-based communities, and community coalitions to support
people in treatment and recovery and to support family members in their efforts to
manage the opioid user in the family.
10. Training and development of procedures for government staff to appropriately interact
and provide social and other services to current and recovering opioid users, including
reducing stigma.
11. Support stigma reduction efforts regarding treatment and support for persons with OUD,
including reducing the stigma on effective treatment.
12. Create or support culturally-appropriate services and programs for persons with OUD and
any co-occurring SUD/MH conditions, including new Americans.
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13. Create and/or support recovery high schools.
C. CONNECT PEOPLE WHO NEED HELP TO THE HELP THEY NEED
(CONNECTIONS TO CARE)
Provide connections to care for people who have – or at risk of developing – OUD and any co-
occurring SUD/MH conditions through evidence-based, evidence-informed, or promising
programs or strategies that may include, but are not limited to, the following:
1. Ensure that health care providers are screening for OUD and other risk factors and know
how to appropriately counsel and treat (or refer if necessary) a patient for OUD
treatment.
2. Fund Screening, Brief Intervention and Referral to Treatment (SBIRT) programs to
reduce the transition from use to disorders.
3. Provide training and long-term implementation of SBIRT in key systems (health, schools,
colleges, criminal justice, and probation), with a focus on youth and young adults when
transition from misuse to opioid disorder is common.
4. Purchase automated versions of SBIRT and support ongoing costs of the technology.
5. Training for emergency room personnel treating opioid overdose patients on post-
discharge planning, including community referrals for MAT, recovery case management
or support services.
6. Support hospital programs that transition persons with OUD and any co-occurring
SUD/MH conditions, or persons who have experienced an opioid overdose, into
community treatment or recovery services through a bridge clinic or similar approach.
7. Support crisis stabilization centers that serve as an alternative to hospital emergency
departments for persons with OUD and any co-occurring SUD/MH conditions or persons
that have experienced an opioid overdose.
8. Support the work of Emergency Medical Systems, including peer support specialists, to
connect individuals to treatment or other appropriate services following an opioid
overdose or other opioid-related adverse event.
9. Provide funding for peer support specialists or recovery coaches in emergency
departments, detox facilities, recovery centers, recovery housing, or similar settings; offer
services, supports, or connections to care to persons with OUD and any co-occurring
SUD/MH conditions or to persons who have experienced an opioid overdose.
10. Provide funding for peer navigators, recovery coaches, care coordinators, or care
managers that offer assistance to persons with OUD and any co-occurring SUD/MH
conditions or to persons who have experienced on opioid overdose.
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11. Create or support school-based contacts that parents can engage with to seek immediate
treatment services for their child; and support prevention, intervention, treatment, and
recovery programs focused on young people.
12. Develop and support best practices on addressing OUD in the workplace.
13. Support assistance programs for health care providers with OUD.
14. Engage non-profits and the faith community as a system to support outreach for
treatment.
15. Support centralized call centers that provide information and connections to appropriate
services and supports for persons with OUD and any co-occurring SUD/MH conditions.
16. Create or support intake and call centers to facilitate education and access to treatment,
prevention, and recovery services for persons with OUD and any co-occurring SUD/MH
conditions.
17. Develop or support a National Treatment Availability Clearinghouse – a
multistate/nationally accessible database whereby health care providers can list locations
for currently available in-patient and out-patient OUD treatment services that are
accessible on a real-time basis by persons who seek treatment.
D. ADDRESS THE NEEDS OF CRIMINAL-JUSTICE-INVOLVED PERSONS
Address the needs of persons with OUD and any co-occurring SUD/MH conditions who are
involved – or are at risk of becoming involved – in the criminal justice system through evidence-
based, evidence-informed, or promising programs or strategies that may include, but are not
limited to, the following:
1. Support pre-arrest or pre-arraignment diversion and deflection strategies for persons with
OUD and any co-occurring SUD/MH conditions, including established strategies such as:
a. Self-referral strategies such as the Angel Programs or the Police Assisted
Addiction Recovery Initiative (PAARI);
b. Active outreach strategies such as the Drug Abuse Response Team (DART)
model;
c. “Naloxone Plus” strategies, which work to ensure that individuals who have
received naloxone to reverse the effects of an overdose are then linked to
treatment programs or other appropriate services;
d. Officer prevention strategies, such as the Law Enforcement Assisted Diversion
(LEAD) model;
e. Officer intervention strategies such as the Leon County, Florida Adult Civil
Citation Network or the Chicago Westside Narcotics Diversion to Treatment
Initiative; or
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f. Co-responder and/or alternative responder models to address OUD-related 911
calls with greater SUD expertise and to reduce perceived barriers associated with
law enforcement 911 responses.
2. Support pre-trial services that connect individuals with OUD and any co-occurring
SUD/MH conditions to evidence-informed treatment, including MAT, and related
services.
3. Support treatment and recovery courts for persons with OUD and any co-occurring
SUD/MH conditions, but only if these courts provide referrals to evidence-informed
treatment, including MAT.
4. Provide evidence-informed treatment, including MAT, recovery support, harm reduction,
or other appropriate services to individuals with OUD and any co-occurring SUD/MH
conditions who are incarcerated in jail or prison.
5. Provide evidence-informed treatment, including MAT, recovery support, harm reduction,
or other appropriate services to individuals with OUD and any co-occurring SUD/MH
conditions who are leaving jail or prison have recently left jail or prison, are on probation
or parole, are under community corrections supervision, or are in re-entry programs or
facilities.
6. Support critical time interventions (CTI), particularly for individuals living with dual-
diagnosis OUD/serious mental illness, and services for individuals who face immediate
risks and service needs and risks upon release from correctional settings.
7. Provide training on best practices for addressing the needs of criminal-justice-involved
persons with OUD and any co-occurring SUD/MH conditions to law enforcement,
correctional, or judicial personnel or to providers of treatment, recovery, harm reduction,
case management, or other services offered in connection with any of the strategies
described in this section.
E. ADDRESS THE NEEDS OF PREGNANT OR PARENTING WOMEN AND THEIR
FAMILIES, INCLUDING BABIES WITH NEONATAL ABSTINENCE SYNDROME
Address the needs of pregnant or parenting women with OUD and any co-occurring SUD/MH
conditions, and the needs of their families, including babies with neonatal abstinence syndrome,
through evidence-based, evidence-informed, or promising programs or strategies that may
include, but are not limited to, the following:
1. Support evidence-based, evidence-informed, or promising treatment, including MAT,
recovery services and supports, and prevention services for pregnant women – or women
who could become pregnant – who have OUD and any co-occurring SUD/MH
conditions, and other measures educate and provide support to families affected by
Neonatal Abstinence Syndrome.
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2. Training for obstetricians or other healthcare personnel that work with pregnant women
and their families regarding treatment of OUD and any co-occurring SUD/MH
conditions.
3. Provide training to health care providers who work with pregnant or parenting women on
best practices for compliance with federal requirements that children born with Neonatal
Abstinence Syndrome get referred to appropriate services and receive a plan of safe care.
4. Child and family supports for parenting women with OUD and any co-occurring
SUD/MH conditions.
5. Enhanced family supports and child care services for parents with OUD and any co-
occurring SUD/MH conditions.
6. Provide enhanced support for children and family members suffering trauma as a result
of addiction in the family; and offer trauma-informed behavioral health treatment for
adverse childhood events.
7. Offer home-based wrap-around services to persons with OUD and any co-occurring
SUD/MH conditions, including but not limited to parent skills training.
8. Support for Children’s Services – Fund additional positions and services, including
supportive housing and other residential services, relating to children being removed
from the home and/or placed in foster care due to custodial opioid use.
PART TWO: PREVENTION
F. PREVENT OVER-PRESCRIBING AND ENSURE APPROPRIATE PRESCRIBING
AND DISPENSING OF OPIOIDS
Support efforts to prevent over-prescribing and ensure appropriate prescribing and dispensing of
opioids through evidence-based, evidence-informed, or promising programs or strategies that
may include, but are not limited to, the following:
1. Training for health care providers regarding safe and responsible opioid prescribing,
dosing, and tapering patients off opioids.
2. Academic counter-detailing to educate prescribers on appropriate opioid prescribing.
3. Continuing Medical Education (CME) on appropriate prescribing of opioids.
4. Support for non-opioid pain treatment alternatives, including training providers to offer
or refer to multi-modal, evidence-informed treatment of pain.
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5. Support enhancements or improvements to Prescription Drug Monitoring Programs
(PDMPs), including but not limited to improvements that:
a. Increase the number of prescribers using PDMPs;
b. Improve point-of-care decision-making by increasing the quantity, quality, or
format of data available to prescribers using PDMPs, by improving the interface
that prescribers use to access PDMP data, or both; or
c. Enable states to use PDMP data in support of surveillance or intervention
strategies, including MAT referrals and follow-up for individuals identified within
PDMP data as likely to experience OUD.
6. Development and implementation of a national PDMP – Fund development of a
multistate/national PDMP that permits information sharing while providing appropriate
safeguards on sharing of private health information, including but not limited to:
a. Integration of PDMP data with electronic health records, overdose episodes, and
decision support tools for health care providers relating to OUD.
b. Ensuring PDMPs incorporate available overdose/naloxone deployment data,
including the United States Department of Transportation’s Emergency Medical
Technician overdose database.
7. Increase electronic prescribing to prevent diversion or forgery.
8. Educate Dispensers on appropriate opioid dispensing.
G. PREVENT MISUSE OF OPIOIDS
Support efforts to discourage or prevent misuse of opioids through evidence-based, evidence-
informed, or promising programs or strategies that may include, but are not limited to, the
following:
1. Corrective advertising or affirmative public education campaigns based on evidence.
2. Public education relating to drug disposal.
3. Drug take-back disposal or destruction programs.
4. Fund community anti-drug coalitions that engage in drug prevention efforts.
5. Support community coalitions in implementing evidence-informed prevention, such as
reduced social access and physical access, stigma reduction – including staffing,
educational campaigns, support for people in treatment or recovery, or training of
coalitions in evidence-informed implementation, including the Strategic Prevention
Framework developed by the U.S. Substance Abuse and Mental Health Services
Administration (SAMHSA).
6. Engage non-profits and faith-based communities as systems to support prevention.
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7. Support evidence-informed school and community education programs and campaigns
for students, families, school employees, school athletic programs, parent-teacher and
student associations, and others.
8. School-based or youth-focused programs or strategies that have demonstrated
effectiveness in preventing drug misuse and seem likely to be effective in preventing the
uptake and use of opioids.
9. Create of support community-based education or intervention services for families,
youth, and adolescents at risk for OUD and any co-occurring SUD/MH conditions.
10. Support evidence-informed programs or curricula to address mental health needs of
young people who may be at risk of misusing opioids or other drugs, including emotional
modulation and resilience skills.
11. Support greater access to mental health services and supports for young people, including
services and supports provided by school nurses or other school staff, to address mental
health needs in young people that (when not properly addressed) increase the risk of
opioid or other drug misuse.
H. PREVENT OVERDOSE DEATHS AND OTHER HARMS (HARM REDUCTION)
Support efforts to prevent or reduce overdose deaths or other opioid-related harms through
evidence-based, evidence-informed, or promising programs or strategies that may include, but
are not limited to, the following:
1. Increase availability and distribution of naloxone and other drugs that treat overdoses for
first responders, overdose patients, opioid users, families and friends of opioid users,
schools, community navigators and outreach workers, drug offenders upon release from
jail/prison, or other members of the general public.
2. Public health entities provide free naloxone to anyone in the community, including but
not limited to provision of intra-nasal naloxone in settings where other options are not
available or allowed.
3. Training and education regarding naloxone and other drugs that treat overdoses for first
responders, overdose patients, patients taking opioids, families, schools, and other
members of the general public.
4. Enable school nurses and other school staff to respond to opioid overdoses, and provide
them with naloxone, training, and support.
5. Expand, improve, or develop data tracking software and applications for
overdoses/naloxone revivals.
6. Public education relating to emergency responses to overdoses.
7. Public education relating to immunity and Good Samaritan laws.
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8. Educate first responders regarding the existence and operation of immunity and Good
Samaritan laws.
9. Syringe service programs and other evidence-informed programs to reduce harms
associated with intravenous drug use, including supplies, staffing, space, peer support
services, referrals to treatment, fentanyl checking, connections to care, and the full range
of harm reduction and treatment services provided by these programs.
10. Expand access to testing and treatment for infectious diseases such as HIV and Hepatitis
C resulting from intravenous opioid use.
11. Support mobile units that offer or provide referrals to harm reduction services, treatment,
recovery supports, health care, or other appropriate services to persons that use opioids or
persons with OUD and any co-occurring SUD/MH conditions.
12. Provide training in harm reduction strategies to health care providers, students, peer
recovery coaches, recovery outreach specialists, or other professionals that provide care
to persons who use opioids or persons with OUD and any co-occurring SUD/MH
conditions.
13. Support screening for fentanyl in routine clinical toxicology testing.
PART THREE: OTHER STRATEGIES
I. FIRST RESPONDERS
In addition to items C8, D1 through D7, H1, H3, and H8, support the following:
1. Law enforcement expenditures relating to the opioid epidemic.
2. Educate law enforcement or other first responders regarding appropriate practices and
precautions when dealing with fentanyl or other drugs.
3. Provision of wellness and support services for first responders and others who experience
secondary trauma associated with opioid-related emergency events.
J. LEADERSHIP, PLANNING AND COORDINATION
Support efforts to provide leadership, planning, and coordination to abate the opioid epidemic
through activities, programs, or strategies that may include, but are not limited to, the following:
1. Community regional planning to identify goals for reducing harms related to the opioid
epidemic, to identify areas and populations with the greatest needs for treatment
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intervention services, or to support other strategies to abate the opioid epidemic described
in this opioid abatement strategy list.
2. A government dashboard to track key opioid-related indicators and supports as identified
through collaborative community processes.
3. Invest in infrastructure or staffing at government or not-for-profit agencies to support
collaborative, cross-system coordination with the purpose of preventing overprescribing,
opioid misuse, or opioid overdoses, treating those with OUD and any co-occurring
SUD/MH conditions, supporting them in treatment or recovery, connecting them to care,
or implementing other strategies to abate the opioid epidemic described in this opioid
abatement strategy list.
4. Provide resources to staff government oversight and management of opioid abatement
programs.
K. TRAINING
In addition to the training referred to in items A7, A8, A9, A12, A13, A14, A15, B7, B10, C3,
C5, D7, E2, E4, F1, F3, F8, G5, H3, H12, and I-2, support training to abate the opioid epidemic
through activities, programs, or strategies that may include, but are not limited to, the following:
1. Provide funding for staff training or networking programs and services to improve the
capability of government, community, and not-for-profit entities to abate the opioid
crisis.
2. Support infrastructure and staffing for collaborative cross-system coordination to prevent
opioid misuse, prevent overdoses, and treat those with OUD and any co-occurring
SUD/MH conditions, or implement other strategies to abate the opioid epidemic
described in this opioid abatement strategy list (e.g., health care, primary care,
pharmacies, PDMPs, etc.).
L. RESEARCH
Support opioid abatement research that may include, but is not limited to, the following:
a. Monitoring, surveillance, and evaluation of programs and strategies described in this
opioid abatement strategy list.
b. Research non-opioid treatment of chronic pain.
c. Research on improved service delivery for modalities such as SBIRT that demonstrate
promising but mixed results in populations vulnerable to opioid use disorders.
d. Research on novel harm reduction and prevention efforts such as the provision of
fentanyl test strips.
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e. Research on innovative supply-side enforcement efforts such as improved detection of
mail-based delivery of synthetic opioids.
f. Expanded research on swift/certain/fair models to reduce and deter opioid misuse within
criminal justice populations that build upon promising approaches used to address other
substances (e.g. Hawaii HOPE and Dakota 24/7).
g. Research on expanded modalities such as prescription methadone that can expand access
to MAT.
h. Epidemiological surveillance of OUD-related behaviors in critical populations including
individuals entering the criminal justice system, including but not limited to approaches
modeled on the Arrestee Drug Abuse Monitoring (ADAM) system.
i. Qualitative and quantitative research regarding public health risks and harm reduction
opportunities within illicit drug markets, including surveys of market participants who
sell or distribute illicit opioids.
j. Geospatial analysis of access barriers to MAT and their association with treatment
engagement and treatment outcomes.
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Schedule C
State Allocation Percentages
[TO BE INSERTED]
63779069 v1
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Page 1 of 3
September 30, 2021
RE: Opioid Litigation
Dear Sir or Madam:
My name is John Guard and I am the Chief Deputy Attorney General for the State
of Florida (the “State”). Since she took office, Attorney General Moody has been heavily
involved in leading both the State’s ongoing opioid litigation and several different
negotiations with defendants in that litigation. As you are likely aware, Florida, thirteen
other states, and litigation counsel representing counties and cities nationwide were able
to reach two, multi-billion-dollar settlements. Since the announcement of those
settlements, Attorney General Moody and attorneys general for the other leadership states
have led a sign-on effort that saw forty-two states and six territories join that settlement.1
We are now at the stage of the sign-on process where we must sign-on cities and
counties, litigating and non-litigating, to see if participation is sufficient for the settlement
to close.
From now until January 2, 2022, the State, litigation counsel, and others will
likely be reaching out to you about this settlement. To make sure you, your administrator,
your mayor or chair, and your commissioners have enough information about the
settlement, the State has designed a webpage that has Florida specific information
relating to the settlement. It can be found at
https://www.myfloridalegal.com/opioidsettlement . The State website has state specific
information including the amounts of money that your subdivision will receive under the
settlement, the State MOU, the State Agreement, and other documents. In addition,
litigation counsel for cities and counties has also created a website that has additional
information on it as well. It can be found at https://nationalopioidsettlement.com/. In the
next few days, you will receive by mail and e-mail a notice from the notice administrator
if you are a county, a city with a population greater than 10,000 people, or a city with a
population less than 10,000 people that is litigating against one or more of the settling
defendants. That notice will have a unique identifier. For subdivisions who receive a
formal notice (counties, cities more than 10,000 people, cities less than 10,000 people
1 West Virginia previously settled its claims with the distributors. Oklahoma previously litigated to
judgment its claims against Janssen and Johnson & Johnson.
ASHLEY MOODY
ATTORNEY GENERAL
STATE OF FLORIDA
PL-01 The Capitol
Tallahassee, FL 32399-1050
Phone (850) 414-3300
Fax (850) 487-0168
http://www.myfloridalegal.com
OFFICE OF THE ATTORNEY GENERAL
Page 259 of 341
Page 2 of 3
who are litigating against these defendants) in order to participate in the settlement, you
must:
First, go to the national settlement website, https://nationalopioidsettlement.com/,
to register your county or city to receive in the coming weeks and months the
documentation your subdivision will need to participate in the settlements.
Second, you must execute and submit all required documentation.
For subdivisions who receive a formal notice (counties, cities more than 10,000
people, cities less than 10,000 people who are litigating against these defendants) the
required documentation will be submitted electronically utilizing the “DocuSign” service.
In addition, we would ask you to print out your “DocuSign” participation documentation
and upload it on Florida’s website. https://www.myfloridalegal.com/opioidsettlement .
Once you reach the State’s webpage, click on the “learn more” button and follow the
directions from there. As part of the registration process, your subdivision will need to
identify, and provide the email address for, the individual who will be authorized to sign
formal and binding documents on behalf of your subdivision.
For subdivisions who do NOT receive a formal notice (cities less than 10,000
people who are not litigating against these defendants), assuming the MOU is approved
and the State Agreement is accepted, you may also join, but the process is slightly
different. You must:
First, send an e-mail to fl.opioidlitigation@myfloridalegal.com and indicate that
your city is interested in participating in the settlement. Please provide contact
information where further information can be sent.
Second, you must execute and submit all required documentation, which will
include Exhibit K from both settlement agreements, which is separately posted on the
State’s webpage, https://www.myfloridalegal.com/opioidsettlement.
IF YOUR SUBDIVISION DOES NOT JOIN A SETTLEMENT BY
JANUARY 2, 2022, IT WILL NOT RECEIVE ANY DIRECT BENEFIT FROM
THAT SETTLEMENT UNLESS AND UNTIL IT JOINS AND SUBSEQUENTLY
JOINING CITIES AND COUNTIES WILL LOSE OUT ON AMOUNTS PAID IN
THE INTERIM.
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Page 3 of 3
NEXT STEPS
These settlements require that you take affirmative steps to ‘opt in’ to the
settlements. If you do not act, you will not receive any settlement funds and you will not
contribute to reaching the participation thresholds that will deliver maximum amount of
abatement funds to your State.
First, register your subdivision on either the national settlement website, if you
receive formal notice, or by e-mail to the address above, if your city has less than 10,000
people. Registration will ensure that information and documents required to participate
can be sent to you. You will need the email address of the person who will be authorized
to sign on behalf of your subdivision. This is the only action item needed at this time.
Second, have whatever process that your county or city utilizes begin to review
the materials on the websites concerning the settlement agreement terms, allocation and
other matters. Develop a list of questions for your counsel or the Attorney General’s
Office. In the very near future, your subdivision will need to begin the process of
deciding whether to participate in the proposed settlements and subdivisions are
encouraged to work through this process well before the deadline to be an initial
participating subdivision. Again, the Attorney General’s Office, your counsel, and other
contacts within the state are available to discuss the specifics of the settlements within
your state and we encourage you to discuss the terms and benefits of the settlements with
them.
Third, monitor your email for further communications, which will include a
Participation Agreement, Release, (where applicable) a model Resolution, and
instructions on executing using DocuSign, if applicable.
We urge you to view the national settlement website and the Florida website at
your earliest convenience. If you have questions for Florida Office of Attorney General
please send an e-mail to fl.opioidlitigation@myfloridalegal.com. Like we have done at
every stage of this process, we will be scheduling calls to answer your and your
commissioners’ and administrators’ questions. We will have multiple calls and ask your
help in ensuring that the Sunshine Law is complied with.
Sincerely,
John M. Guard,
Chief Deputy Attorney General
Page 261 of 341
RESOLUTION
A Resolution Authorizing the City of Crestview (herein referred to as this
“Governmental Unit”) to join with the State of Florida and other local governmental units as a
participant in the Florida Memorandum of Understanding and Formal Agreements
Implementing a Unified Plan
WHEREAS, the City of Crestview has suffered harm from the opioid
epidemic; and
WHEREAS, the City of Crestview recognizes that the entire State of Florida has
suffered harm as a result from the opioid epidemic; and
WHEREAS, the State of Florida has filed an action pending in Pasco County, Florida,
and a number of Florida Cities and Counties have also filed an action In re: National
Prescription Opiate Litigation, MDL No. 2804 (N.D. Ohio) (the “Opioid Litigation”) and the
City of Crestview is not a litigating participant in that action; and
WHEREAS, the State of Florida and lawyers representing certain various local
governments involved in the Opioid Litigation have proposed a unified plan for the allocation
and use of prospective settlement dollars from opioid related litigation; and
WHEREAS, the Florida Memorandum of Understanding (the “Florida Plan”) sets
forth sets forth a framework of a unified plan for the proposed allocation and use of opioid
settlement proceeds and it is anticipated that formal agreements implementing the Florida Plan
will be entered into at a future date; and
WHEREAS, participation in the Florida Plan by a large majority of Florida cities and
counties will materially increase the amount of funds to Florida and should improve Florida’s
relative bargaining position during additional settlement negotiations; and
WHEREAS, failure to participate in the Florida Plan will reduce funds available to the
State, the City of Crestview and every other Florida city and county.
NOW, THEREFORE, BE IT RESOLVED BY the City of Crestview:
SECTION 1. That the City of Crestview finds that participation in the Florida Plan would
be in the best interest of the City of Crestview and its citizens in that such a plan ensures
that almost all the settlement funds go to abate and resolve the opioid epidemic and each and
every city and county receives funds for the harm that it has suffered.
SECTION 2. That the City of Crestview hereby expresses its support of a unified plan for
the allocation and use of opioid settlement proceeds as generally described in the Florida
Plan, attached hereto as Exhibit “A.”
SECTION 3. That the City of Crestview is hereby expressly authorized to execute the
Florida Plan in substantially the form contained in Exhibit “A.”
SECTION 4. That the City of Crestview is hereby authorized to execute any formal
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agreements implementing a unified plan for the allocation and use of opioid settlement
proceeds that is not substantially inconsistent with the Florida Plan and this Resolution.
SECTION 5. That the City Clerk be hereby instructed to record this Resolution in the
appropriate record book upon its adoption.
SECTION 6. The City Clerk of the City of Crestview is hereby directed to furnish a certified
copy of this resolution to the Florida League of Cities.
Attorney General Ashley
Moody c\o John M. Guard
The Capitol, PL-01
Tallahassee, FL 32399-1050
SECTION 7. This Resolution shall take effect immediately upon its adoption.
Adopted this ___ day of , 2021.
Approved:
Mayor JB Whitten
City Clerk Maryanne Schrader
ATTEST:
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1
Schedule A
Core Strategies
States and Qualifying Block Grantees shall choose from among the abatement strategies listed in
Schedule B. However, priority shall be given to the following core abatement strategies (“Core
Strategies”)[, such that a minimum of __% of the [aggregate] state-level abatement distributions shall
be spent on [one or more of] them annually].1
A. Naloxone or other FDA-approved drug to reverse opioid overdoses
1. Expand training for first responders, schools, community support groups and families; and
2. Increase distribution to individuals who are uninsured or whose insurance does not cover the needed
service.
B. Medication-Assisted Treatment (“MAT”) Distribution and other opioid-related treatment
1. Increase distribution of MAT to non-Medicaid eligible or uninsured individuals;
2. Provide education to school-based and youth-focused programs that discourage or prevent misuse;
3. Provide MAT education and awareness training to healthcare providers, EMTs, law enforcement,
and other first responders; and
4. Treatment and Recovery Support Services such as residential and inpatient treatment, intensive
outpatient treatment, outpatient therapy or counseling, and recovery housing that allow or integrate
medication with other support services.
C. Pregnant & Postpartum Women
1. Expand Screening, Brief Intervention, and Referral to Treatment (“SBIRT”) services to non-
Medicaid eligible or uninsured pregnant women;
2. Expand comprehensive evidence-based treatment and recovery services, including MAT, for women
with co-occurring Opioid Use Disorder (“OUD”) and other Substance Use Disorder (“SUD”)/Mental
Health disorders for uninsured individuals for up to 12 months postpartum; and
3. Provide comprehensive wrap-around services to individuals with Opioid Use Disorder (OUD)
including housing, transportation, job placement/training, and childcare.
D. Expanding Treatment for Neonatal Abstinence Syndrome
1. Expand comprehensive evidence-based and recovery support for NAS babies;
2. Expand services for better continuum of care with infant-need dyad; and
3. Expand long-term treatment and services for medical monitoring of NAS babies and their families.
1 As used in this Schedule A, words like “expand,” “fund,” “provide” or the like shall not indicate a preference for new or
existing programs. Priorities will be established through the mechanisms described in the Term Sheet.
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2
E. Expansion of Warm Hand-off Programs and Recovery Services
1. Expand services such as navigators and on-call teams to begin MAT in hospital emergency
departments;
2. Expand warm hand-off services to transition to recovery services;
3. Broaden scope of recovery services to include co-occurring SUD or mental health conditions. ;
4. Provide comprehensive wrap-around services to individuals in recovery including housing,
transportation, job placement/training, and childcare; and
5. Hire additional social workers or other behavioral health workers to facilitate expansions above.
F. Treatment for Incarcerated Population
1. Provide evidence-based treatment and recovery support including MAT for persons with OUD and
co-occurring SUD/MH disorders within and transitioning out of the criminal justice system; and
2. Increase funding for jails to provide treatment to inmates with OUD.
G. Prevention Programs
1. Funding for media campaigns to prevent opioid use (similar to the FDA’s “Real Cost” campaign to
prevent youth from misusing tobacco);
2. Funding for evidence-based prevention programs in schools.;
3. Funding for medical provider education and outreach regarding best prescribing practices for opioids
consistent with the 2016 CDC guidelines, including providers at hospitals (academic detailing);
4. Funding for community drug disposal programs; and
5. Funding and training for first responders to participate in pre-arrest diversion programs, post-
overdose response teams, or similar strategies that connect at-risk individuals to behavioral health
services and supports.
H. Expanding Syringe Service Programs
1. Provide comprehensive syringe services programs with more wrap-around services including linkage
to OUD treatment, access to sterile syringes, and linkage to care and treatment of infectious diseases.
I. Evidence-based data collection and research analyzing the effectiveness of the abatement strategies
within the State.
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Schedule B
Approved Uses
PART ONE: TREATMENT
A. TREAT OPIOID USE DISORDER (OUD)
Support treatment of Opioid Use Disorder (OUD) and any co-occurring Substance Use Disorder or
Mental Health (SUD/MH) conditions through evidence-based or evidence-informed programs or
strategies that may include, but are not limited to, the following:2
1. Expand availability of treatment for OUD and any co-occurring SUD/MH conditions, including all
forms of Medication-Assisted Treatment (MAT) approved by the U.S. Food and Drug Administration.
2. Support and reimburse evidence-based services that adhere to the American Society of Addiction
Medicine (ASAM) continuum of care for OUD and any co-occurring SUD/MH conditions
3. Expand telehealth to increase access to treatment for OUD and any co-occurring SUD/MH
conditions, including MAT, as well as counseling, psychiatric support, and other treatment and
recovery support services.
4. Improve oversight of Opioid Treatment Programs (OTPs) to assure evidence-based or evidence-
informed practices such as adequate methadone dosing and low threshold approaches to treatment.
5. Support mobile intervention, treatment, and recovery services, offered by qualified professionals and
service providers, such as peer recovery coaches, for persons with OUD and any co-occurring
SUD/MH conditions and for persons who have experienced an opioid overdose.
6. Treatment of trauma for individuals with OUD (e.g., violence, sexual assault, human trafficking, or
adverse childhood experiences) and family members (e.g., surviving family members after an overdose
or overdose fatality), and training of health care personnel to identify and address such trauma.
7. Support evidence-based withdrawal management services for people with OUD and any co-
occurring mental health conditions.
8. Training on MAT for health care providers, first responders, students, or other supporting
professionals, such as peer recovery coaches or recovery outreach specialists, including telementoring
to assist community-based providers in rural or underserved areas.
9. Support workforce development for addiction professionals who work with persons with OUD and
any co-occurring SUD/MH conditions.
10. Fellowships for addiction medicine specialists for direct patient care, instructors, and clinical
research for treatments.
11. Scholarships and supports for behavioral health practitioners or workers involved in addressing
OUD and any co-occurring SUD or mental health conditions, including but not limited to training,
2 As used in this Schedule B, words like “expand,” “fund,” “provide” or the like shall not indicate a preference for new or
existing programs. Priorities will be established through the mechanisms described in the Term Sheet.
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scholarships, fellowships, loan repayment programs, or other incentives for providers to work in rural
or underserved areas.
12. [Intentionally Blank – to be cleaned up later for numbering]
13. Provide funding and training for clinicians to obtain a waiver under the federal Drug Addiction
Treatment Act of 2000 (DATA 2000) to prescribe MAT for OUD, and provide technical assistance and
professional support to clinicians who have obtained a DATA 2000 waiver.
14. Dissemination of web-based training curricula, such as the American Academy of Addiction
Psychiatry’s Provider Clinical Support Service-Opioids web-based training curriculum and
motivational interviewing.
15. Development and dissemination of new curricula, such as the American Academy of Addiction
Psychiatry’s Provider Clinical Support Service for Medication-Assisted Treatment.
B. SUPPORT PEOPLE IN TREATMENT AND RECOVERY
Support people in treatment for or recovery from OUD and any co-occurring SUD/MH conditions
through evidence-based or evidence-informed programs or strategies that may include, but are not
limited to, the following:
1. Provide comprehensive wrap-around services to individuals with OUD and any co-occurring
SUD/MH conditions, including housing, transportation, education, job placement, job training, or
childcare.
2. Provide the full continuum of care of treatment and recovery services for OUD and any co-occurring
SUD/MH conditions, including supportive housing, peer support services and counseling, community
navigators, case management, and connections to community-based services.
3. Provide counseling, peer-support, recovery case management and residential treatment with access to
medications for those who need it to persons with OUD and any co-occurring SUD/MH conditions.
4. Provide access to housing for people with OUD and any co-occurring SUD/MH conditions,
including supportive housing, recovery housing, housing assistance programs, training for housing
providers, or recovery housing programs that allow or integrate FDA-approved medication with other
support services.
5. Provide community support services, including social and legal services, to assist in
deinstitutionalizing persons with OUD and any co-occurring SUD/MH conditions.
6. Support or expand peer-recovery centers, which may include support groups, social events, computer
access, or other services for persons with OUD and any co-occurring SUD/MH conditions.
7. Provide or support transportation to treatment or recovery programs or services for persons with
OUD and any co-occurring SUD/MH conditions.
8. Provide employment training or educational services for persons in treatment for or recovery from
OUD and any co-occurring SUD/MH conditions.
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9. Identify successful recovery programs such as physician, pilot, and college recovery programs, and
provide support and technical assistance to increase the number and capacity of high-quality programs
to help those in recovery.
10. Engage non-profits, faith-based communities, and community coalitions to support people in
treatment and recovery and to support family members in their efforts to support the person with OUD
in the family.
11. Training and development of procedures for government staff to appropriately interact and provide
social and other services to individuals with or in recovery from OUD, including reducing stigma.
12. Support stigma reduction efforts regarding treatment and support for persons with OUD, including
reducing the stigma on effective treatment.
13. Create or support culturally appropriate services and programs for persons with OUD and any co-
occurring SUD/MH conditions, including new Americans.
14. Create and/or support recovery high schools.
15. Hire or train behavioral health workers to provide or expand any of the services or supports listed
above.
C. CONNECT PEOPLE WHO NEED HELP TO THE HELP THEY NEED (CONNECTIONS
TO CARE)
Provide connections to care for people who have – or at risk of developing – OUD and any co-
occurring SUD/MH conditions through evidence-based or evidence-informed programs or strategies
that may include, but are not limited to, the following:
1. Ensure that health care providers are screening for OUD and other risk factors and know how to
appropriately counsel and treat (or refer if necessary) a patient for OUD treatment.
2. Fund Screening, Brief Intervention and Referral to Treatment (SBIRT) programs to reduce the
transition from use to disorders, including SBIRT services to pregnant women who are uninsured or not
eligible for Medicaid.
3. Provide training and long-term implementation of SBIRT in key systems (health, schools, colleges,
criminal justice, and probation), with a focus on youth and young adults when transition from misuse to
opioid disorder is common.
4. Purchase automated versions of SBIRT and support ongoing costs of the technology.
5. Expand services such as navigators and on-call teams to begin MAT in hospital emergency
departments.
6. Training for emergency room personnel treating opioid overdose patients on post-discharge planning,
including community referrals for MAT, recovery case management or support services.
7. Support hospital programs that transition persons with OUD and any co-occurring SUD/MH
conditions, or persons who have experienced an opioid overdose, into clinically-appropriate follow-up
care through a bridge clinic or similar approach.
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8. Support crisis stabilization centers that serve as an alternative to hospital emergency departments for
persons with OUD and any co-occurring SUD/MH conditions or persons that have experienced an
opioid overdose.
9. Support the work of Emergency Medical Systems, including peer support specialists, to connect
individuals to treatment or other appropriate services following an opioid overdose or other opioid-
related adverse event.
10. Provide funding for peer support specialists or recovery coaches in emergency departments, detox
facilities, recovery centers, recovery housing, or similar settings; offer services, supports, or
connections to care to persons with OUD and any co-occurring SUD/MH conditions or to persons who
have experienced an opioid overdose.
11. Expand warm hand-off services to transition to recovery services.
12. Create or support school-based contacts that parents can engage with to seek immediate treatment
services for their child; and support prevention, intervention, treatment, and recovery programs focused
on young people.
13. Develop and support best practices on addressing OUD in the workplace.
14. Support assistance programs for health care providers with OUD.
15. Engage non-profits and the faith community as a system to support outreach for treatment.
16. Support centralized call centers that provide information and connections to appropriate services
and supports for persons with OUD and any co-occurring SUD/MH conditions.
D. ADDRESS THE NEEDS OF CRIMINAL-JUSTICE-INVOLVED PERSONS
Address the needs of persons with OUD and any co-occurring SUD/MH conditions who are involved
in, are at risk of becoming involved in, or are transitioning out of the criminal justice system through
evidence-based or evidence-informed programs or strategies that may include, but are not limited to,
the following:
1. Support pre-arrest or pre-arraignment diversion and deflection strategies for persons with OUD and
any co-occurring SUD/MH conditions, including established strategies such as:
a. Self-referral strategies such as the Angel Programs or the Police Assisted Addiction Recovery
Initiative (PAARI);
b. Active outreach strategies such as the Drug Abuse Response Team (DART) model;
c. “Naloxone Plus” strategies, which work to ensure that individuals who have received
naloxone to reverse the effects of an overdose are then linked to treatment programs or other
appropriate services;
d. Officer prevention strategies, such as the Law Enforcement Assisted Diversion (LEAD)
model;
e. Officer intervention strategies such as the Leon County, Florida Adult Civil Citation Network
or the Chicago Westside Narcotics Diversion to Treatment Initiative; or
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f. Co-responder and/or alternative responder models to address OUD-related 911 calls with
greater SUD expertise
2. Support pre-trial services that connect individuals with OUD and any co-occurring SUD/MH
conditions to evidence-informed treatment, including MAT, and related services.
3. Support treatment and recovery courts that provide evidence-based options for persons with OUD
and any co-occurring SUD/MH conditions
4. Provide evidence-informed treatment, including MAT, recovery support, harm reduction, or other
appropriate services to individuals with OUD and any co-occurring SUD/MH conditions who are
incarcerated in jail or prison.
5. Provide evidence-informed treatment, including MAT, recovery support, harm reduction, or other
appropriate services to individuals with OUD and any co-occurring SUD/MH conditions who are
leaving jail or prison have recently left jail or prison, are on probation or parole, are under community
corrections supervision, or are in re-entry programs or facilities.
6. Support critical time interventions (CTI), particularly for individuals living with dual-diagnosis
OUD/serious mental illness, and services for individuals who face immediate risks and service needs
and risks upon release from correctional settings.
7. Provide training on best practices for addressing the needs of criminal-justice-involved persons with
OUD and any co-occurring SUD/MH conditions to law enforcement, correctional, or judicial personnel
or to providers of treatment, recovery, harm reduction, case management, or other services offered in
connection with any of the strategies described in this section.
E. ADDRESS THE NEEDS OF PREGNANT OR PARENTING WOMEN AND THEIR
FAMILIES, INCLUDING BABIES WITH NEONATAL ABSTINENCE SYNDROME
Address the needs of pregnant or parenting women with OUD and any co-occurring SUD/MH
conditions, and the needs of their families, including babies with neonatal abstinence syndrome (NAS),
through evidence-based or evidence-informed programs or strategies that may include, but are not
limited to, the following:
1. Support evidence-based or evidence-informed treatment, including MAT, recovery services and
supports, and prevention services for pregnant women – or women who could become pregnant – who
have OUD and any co-occurring SUD/MH conditions, and other measures to educate and provide
support to families affected by Neonatal Abstinence Syndrome.
2. Expand comprehensive evidence-based treatment and recovery services, including MAT, for
uninsured women with OUD and any co-occurring SUD/MH conditions for up to 12 months
postpartum.
3. Training for obstetricians or other healthcare personnel that work with pregnant women and their
families regarding treatment of OUD and any co-occurring SUD/MH conditions.
4. Expand comprehensive evidence-based treatment and recovery support for NAS babies; expand
services for better continuum of care with infant-need dyad; expand long-term treatment and services
for medical monitoring of NAS babies and their families.
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5. Provide training to health care providers who work with pregnant or parenting women on best
practices for compliance with federal requirements that children born with Neonatal Abstinence
Syndrome get referred to appropriate services and receive a plan of safe care.
6. Child and family supports for parenting women with OUD and any co-occurring SUD/MH
conditions.
7. Enhanced family supports and child care services for parents with OUD and any co-occurring
SUD/MH conditions.
8. Provide enhanced support for children and family members suffering trauma as a result of addiction
in the family; and offer trauma-informed behavioral health treatment for adverse childhood events.
9. Offer home-based wrap-around services to persons with OUD and any co-occurring SUD/MH
conditions, including but not limited to parent skills training.
10. Support for Children’s Services – Fund additional positions and services, including supportive
housing and other residential services, relating to children being removed from the home and/or placed
in foster care due to custodial opioid use.
PART TWO: PREVENTION
F. PREVENT OVER-PRESCRIBING AND ENSURE APPROPRIATE PRESCRIBING AND
DISPENSING OF OPIOIDS
Support efforts to prevent over-prescribing and ensure appropriate prescribing and dispensing of
opioids through evidence-based or evidence-informed programs or strategies that may include, but are
not limited to, the following:
1. Fund medical provider education and outreach regarding best prescribing practices for opioids
consistent with Guidelines for Prescribing Opioids for Chronic Pain from the U.S. Centers for Disease
Control and Prevention, including providers at hospitals (academic detailing).
2. Training for health care providers regarding safe and responsible opioid prescribing, dosing, and
tapering patients off opioids.
3. Continuing Medical Education (CME) on appropriate prescribing of opioids.
4. Support for non-opioid pain treatment alternatives, including training providers to offer or refer to
multi-modal, evidence-informed treatment of pain.
5. Support enhancements or improvements to Prescription Drug Monitoring Programs (PDMPs),
including but not limited to improvements that:
a. Increase the number of prescribers using PDMPs;
b. Improve point-of-care decision-making by increasing the quantity, quality, or format of data
available to prescribers using PDMPs, by improving the interface that prescribers use to access
PDMP data, or both; or
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c. Enable states to use PDMP data in support of surveillance or intervention strategies, including
MAT referrals and follow-up for individuals identified within PDMP data as likely to
experience OUD in a manner that complies with all relevant privacy and security laws and rules.
6. Ensuring PDMPs incorporate available overdose/naloxone deployment data, including the United
States Department of Transportation’s Emergency Medical Technician overdose database in a manner
that complies with all relevant privacy and security laws and rules.
7. Increase electronic prescribing to prevent diversion or forgery.
8. Educate Dispensers on appropriate opioid dispensing.
G. PREVENT MISUSE OF OPIOIDS
Support efforts to discourage or prevent misuse of opioids through evidence-based or evidence-
informed programs or strategies that may include, but are not limited to, the following:
1. Fund media campaigns to prevent opioid misuse.
2. Corrective advertising or affirmative public education campaigns based on evidence.
3. Public education relating to drug disposal.
4. Drug take-back disposal or destruction programs.
5. Fund community anti-drug coalitions that engage in drug prevention efforts.
6. Support community coalitions in implementing evidence-informed prevention, such as reduced
social access and physical access, stigma reduction – including staffing, educational campaigns, support
for people in treatment or recovery, or training of coalitions in evidence-informed implementation,
including the Strategic Prevention Framework developed by the U.S. Substance Abuse and Mental
Health Services Administration (SAMHSA).
7. Engage non-profits and faith-based communities as systems to support prevention.
8. Fund evidence-based prevention programs in schools or evidence-informed school and community
education programs and campaigns for students, families, school employees, school athletic programs,
parent-teacher and student associations, and others.
9. School-based or youth-focused programs or strategies that have demonstrated effectiveness in
preventing drug misuse and seem likely to be effective in preventing the uptake and use of opioids.
10. Create of support community-based education or intervention services for families, youth, and
adolescents at risk for OUD and any co-occurring SUD/MH conditions.
11. Support evidence-informed programs or curricula to address mental health needs of young people
who may be at risk of misusing opioids or other drugs, including emotional modulation and resilience
skills.
12. Support greater access to mental health services and supports for young people, including services
and supports provided by school nurses, behavioral health workers or other school staff, to address
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mental health needs in young people that (when not properly addressed) increase the risk of opioid or
other drug misuse.
H. PREVENT OVERDOSE DEATHS AND OTHER HARMS (HARM REDUCTION)
Support efforts to prevent or reduce overdose deaths or other opioid-related harms through evidence-
based or evidence-informed programs or strategies that may include, but are not limited to, the
following:
1. Increase availability and distribution of naloxone and other drugs that treat overdoses for first
responders, overdose patients, individuals with OUD and their friends and family members, individuals
at high risk of overdose, schools, community navigators and outreach workers, persons being released
from jail or prison, or other members of the general public.
2. Public health entities provide free naloxone to anyone in the community
3. Training and education regarding naloxone and other drugs that treat overdoses for first responders,
overdose patients, patients taking opioids, families, schools, community support groups, and other
members of the general public.
4. Enable school nurses and other school staff to respond to opioid overdoses, and provide them with
naloxone, training, and support.
5. Expand, improve, or develop data tracking software and applications for overdoses/naloxone
revivals.
6. Public education relating to emergency responses to overdoses.
7. Public education relating to immunity and Good Samaritan laws.
8. Educate first responders regarding the existence and operation of immunity and Good Samaritan
laws.
9. Syringe service programs and other evidence-informed programs to reduce harms associated with
intravenous drug use, including supplies, staffing, space, peer support services, referrals to treatment,
fentanyl checking, connections to care, and the full range of harm reduction and treatment services
provided by these programs.
10. Expand access to testing and treatment for infectious diseases such as HIV and Hepatitis C resulting
from intravenous opioid use.
11. Support mobile units that offer or provide referrals to harm reduction services, treatment, recovery
supports, health care, or other appropriate services to persons that use opioids or persons with OUD and
any co-occurring SUD/MH conditions.
12. Provide training in harm reduction strategies to health care providers, students, peer recovery
coaches, recovery outreach specialists, or other professionals that provide care to persons who use
opioids or persons with OUD and any co-occurring SUD/MH conditions.
13. Support screening for fentanyl in routine clinical toxicology testing.
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PART THREE: OTHER STRATEGIES
I. FIRST RESPONDERS
In addition to items in sections C, D, and H relating to first responders, support the following:
1. Educate law enforcement or other first responders regarding appropriate practices and precautions
when dealing with fentanyl or other drugs.
2. Provision of wellness and support services for first responders and others who experience secondary
trauma associated with opioid-related emergency events.
J. LEADERSHIP, PLANNING AND COORDINATION
Support efforts to provide leadership, planning, coordination, facilitation, training and technical
assistance to abate the opioid epidemic through activities, programs, or strategies that may include, but
are not limited to, the following:
1. Statewide, regional, local, or community regional planning to identify root causes of addiction and
overdose, goals for reducing harms related to the opioid epidemic, and areas and populations with the
greatest needs for treatment intervention services; to support training and technical assistance; or to
support other strategies to abate the opioid epidemic described in this opioid abatement strategy list.
2. A dashboard to share reports, recommendations, or plans to spend opioid settlement funds; to show
how opioid settlement funds have been spent; to report program or strategy outcomes; or to track, share,
or visualize key opioid-related or health-related indicators and supports as identified through
collaborative statewide, regional, local, or community processes.
3. Invest in infrastructure or staffing at government or not-for-profit agencies to support collaborative,
cross-system coordination with the purpose of preventing overprescribing, opioid misuse, or opioid
overdoses, treating those with OUD and any co-occurring SUD/MH conditions, supporting them in
treatment or recovery, connecting them to care, or implementing other strategies to abate the opioid
epidemic described in this opioid abatement strategy list.
4. Provide resources to staff government oversight and management of opioid abatement programs.
K. TRAINING
In addition to the training referred to throughout this document, support training to abate the opioid
epidemic through activities, programs, or strategies that may include, but are not limited to, the
following:
1. Provide funding for staff training or networking programs and services to improve the capability of
government, community, and not-for-profit entities to abate the opioid crisis.
2. Support infrastructure and staffing for collaborative cross-system coordination to prevent opioid
misuse, prevent overdoses, and treat those with OUD and any co-occurring SUD/MH conditions, or
implement other strategies to abate the opioid epidemic described in this opioid abatement strategy list
(e.g., health care, primary care, pharmacies, PDMPs, etc.).
L. RESEARCH
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Support opioid abatement research that may include, but is not limited to, the following:
1. Monitoring, surveillance, data collection, and evaluation of programs and strategies described in this
opioid abatement strategy list.
2. Research non-opioid treatment of chronic pain.
3. Research on improved service delivery for modalities such as SBIRT that demonstrate promising but
mixed results in populations vulnerable to opioid use disorders.
4. Research on novel harm reduction and prevention efforts such as the provision of fentanyl test strips.
5. Research on innovative supply-side enforcement efforts such as improved detection of mail-based
delivery of synthetic opioids.
6. Expanded research on swift/certain/fair models to reduce and deter opioid misuse within criminal
justice populations that build upon promising approaches used to address other substances (e.g. Hawaii
HOPE and Dakota 24/7).
7. Epidemiological surveillance of OUD-related behaviors in critical populations including individuals
entering the criminal justice system, including but not limited to approaches modeled on the Arrestee
Drug Abuse Monitoring (ADAM) system.
8. Qualitative and quantitative research regarding public health risks and harm reduction opportunities
within illicit drug markets, including surveys of market participants who sell or distribute illicit opioids.
9. Geospatial analysis of access barriers to MAT and their association with treatment engagement and
treatment outcomes.
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CITY OF CRESTVIEW Item # 10.1.
Staff Report
CITY COUNCIL MEETING DATE: December 13, 2021
TYPE OF AGENDA ITEM: Action Item
TO:Mayor and City Council
CC:City Manager, City Clerk, Staff and Attorney
FROM:Brian McCallum
DATE:12/9/2021
SUBJECT:K9 Tyson Donation and Training
BACKGROUND:
The Crestview Police Department currently has four working canine officers. The typical working life expectancy of a dual-
purpose canine is 6-9 years. The department’s oldest canine is Sonic, an 8-year-old Belgium Malinois. As K9 Sonic is nearing
the end of his work life expectancy, the department is seeking to formally retire K9 Sonic and transfer possession to his current
handler, Officer Javonnia Peak. The department is seeking to replace K9 Sonic with K9 Tyson, a Belgium Malinois that will be
donated from Coastline K9.
DISCUSSION:
Coastline K9 is based in Naples, Florida and trains and supplies private protection dogs. Coastline K9 has
expanded into Okaloosa County and desires to enter the law enforcement K9 training field. To establish their
presence, Coastline K9 has agreed to donate K9 Tyson to the department at no cost. A contract that outlines the
donation of K9 Tyson has been drafted and agreed upon by Coastline K9’s attorney and the City of Crestview
attorney. A copy of the contract is included in this report.
After the department acquires K9 Tyson, he and his handler will require 480 hours of extensive detection,
apprehension and tracking training. The training will be performed at Alabama K9, a training facility in
Northport, Alabama. The cost of the training course is $10,000 and includes housing the canine and handler
during the training. The training class is Monday thru Friday and lasts approximately 10 weeks. The price
quote for the training class is included in this report.
To offset the cost of training, the department wishes to transfer $10,000.00 from a previously budgeted item.
Included in the 2022 budget is $25,000.00 for a Traffic Homicide Investigation laser mapping system, which
replaces the outdated system the department currently has. The mapping system will cost $14,836.24, allowing
for the transfer of the necessary funds. A quote from Lasertech for the mapping system is included in this
report.
Upon the completion of K9 training, the department is seeking to retire K9 Sonic and transfer possession to
Officer Javonnia Peak. The transfer is completed with a memo from Chief McCosker. Officer Peak has
demonstrated the means to care for K9 Sonic in retirement and the department has no reservations with the
transfer.
GOALS & OBJECTIVES
This item is consistent with the goals in A New View Strategic Plan 2020 as follows;
Foundational- these are the areas of focus that make up the necessary foundation of a successful local
government.
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Organizational Capacity, Effectiveness & Efficiency- To efficiently & effectively provide the highest quality
of public services
Communication- To engage, inform and educate public and staff
Quality of Life- these areas focus on the overall experience when provided by the city.
Safety- Ensure the continuous safety of citizens and visitors
FINANCIAL IMPACT
This item will have no impact on the total budget for fiscal year 2022.
RECOMMENDED ACTION
Staff respectfully requests approval of the Coastline K9 contract and transfer of funds as well as permission to
transfer possession of Sonic to Officer Peak upon retirement.
Attachments
1.Coastline K9 Tyson City of Crestview PD Contract
2.Est_2021138_from_Alabama_Canine_Law_Enforcement_Officers_Trng_Ctr__Inc._4236
3.2021 Lasertech THI
4.2021 Verizon THI
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COASTLINE K9
Canine Purchase & Sale Contract
Date: 11/17/2021
Recipient Name: City of Crestview Police Department
Contributor: Coastline K9, LLC
Description of the Canine(s)
Breed: Belgian Malinois
DOB: 10/12/2018
Sex: Male
Donation Info
Coastline K9 agrees to donate Tyson, a completely trained 2 year old Belgian Malinois to
the City of Crestview Police Department at the value of $15,000. The City of Crestview
Police Department owes Coastline K9 $0.00. The canine will be delivered from the
Contributor to the Recipient, which will be a day mutually agreed upon by Recipient and
Contributor. The donation includes Turnover Training (see below) and all transportation
and lodging costs.
Turnover Training
Contributor will transport the canine to the Recipient’s location within the Continental
United States. Upon delivery, the Contributor will instruct the Recipient in the proper care
and handling of the canine. Turnover Training is designed to ensure that the Recipient is
comfortable and competent to operate the canine. This will ensure a smooth transition of
the canine into the Recipient’s household.
Sustainment Training
Sustainment Training is ongoing training or corrective training intended to ensure the
canine’s continuous readiness to perform and will be at the responsibility of the Recipient.
Canine Health
All health information is available at the following vet: (Please contact us first) Town &
Country Animal Hospital (239) 353-5060.
Recipient’s Obligations
Recipient agrees to maintain the canine in good health, provide routine, preventative
health care. Recipient further agrees to provide proper exercise to maintain the canine’s
proper weight and physical shape, and to feed the canine top-quality meals as indicated
by Contributor.
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Recipient agrees not to leave the canine unattended for extended periods in backyard,
chained to any object whatsoever, or left in a kennel other than for reasonable periods of
time as needed. Recipient agrees Contributor may repossess the canine upon evidence
of neglect and/or abuse.
The Recipient may spay or neuter the canine; however, Recipient understands that doing
so may be detrimental to the canine’s performance.
The Recipient understands that without continuing training, some or all of the canine’s
working skills may diminish. Sustainment training must be provided by Recipient
according to directions provided by Contributor during the Turnover Training or by
Contributor. Recipient assumes all risk of failing to sustain the canine’s skills, and all risk
of engaging any other trainer or participating in any canine sport club. Recipient will follow
all the directions of the Contributor to the very best of their ability.
Recipient agrees that if for any reason canine and handler do not bond well, or if there
are any such issues resulting in the canine not able to prerform duties, that the canine be
returned to Coastline K9 LLC. The return period will be granted for 1 year after the handler
obtains custody of the canine.
Disclaimer/Indemnity
EXCEPT AS EXPRESSLY PROVIDED ABOVE, THE BUYER EXPRESSLY ASSUMES
THE ENTIRE RISK OF INJURY, LOSS, OR NEGATIVE CONSEQUENCES FROM
OWNERSHIP AND USE OF THE CANINE.
The Buyer’s exclusive remedy in case of Seller’s breach of this contract is limited to
replacement of the canine with an animal that conforms to the terms of this contract. At
the sole discretion of the Seller, Seller would grant consignment of the canine only if this
term is agreed upon by both parties. Seller will not be liable to Buyer or any other person
or entity for any indirect, special, incidental, exemplary, or consequential damages
whatsoever arising from or related to the canine, regardless of the form of action whether
in contract, tort (including negligence) or otherwise, even if the Seller is advised of the
possibility of such damages.
Miscellaneous Matters
Forum Selection & Choice of Law. This Agreement shall be governed by, and construed
in accordance with, the laws of the State of Florida. Any legal suit, action or proceeding
arising out of or based upon this Contract or the transactions contemplated hereby may
be instituted only in the state courts of the State of Florida.
No Warranty or Representation of Fitness for Law Enforcement Purposes. Contributor
trains canines for personal protection and not for certified law enforcement
purposes. Contributor makes no warranties or representations that the canine is trained
Page 279 of 341
3
for or suitable for law enforcement operations. Recipient acknowledges that it intends to
conduct further training of the canine for law enforcement purposes.
This contract is the entire understanding between the Buyer and Seller with respect to the
canine, and supersedes all prior agreements and negotiations, whether oral or written.
There are no other agreements between the parties, except as set forth in this contract.
No modification of this contract is binding unless in writing and signed by the parties.
AGREED and ACCEPTED on this day of , 2021.
_______________________ _______________________
Contributor: Coastline K9 Recipient: City of Crestview PD
Erick C Innis
Page 280 of 341
PRICE QUOTE
Date
11/17/2021
Estimate #
2021138
Crestview Police Department
201 Stillwell Boulevard
Crestview, FL 32539
Alabama Canine Law Enforcement Officers Trng Ctr , Inc.
18539 John Swindle Road
Northport, AL 35475
Total
alcanine.comalcanine@hiwaay.net
FEIN#
63-1191195
Email
There will be an additional 3.5% added to the total due if paid with credit card.
Web Site
205-339-7794
Description Qty Cost Total
Training of the dog and Handler Course. Price does not include any
equipment
1 8,000.00 8,000.00
Housing of Officer per night 2,000.00 2,000.00
$10,000.00
Page 281 of 341
Page 282 of 341
Page 283 of 341
CITY OF CRESTVIEW Item # 10.2.
Staff Report
CITY COUNCIL MEETING DATE: December 13, 2021
TYPE OF AGENDA ITEM: Action Item
TO:Mayor and City Council
CC:City Manager, City Clerk, Staff and Attorney
FROM:
DATE:12/9/2021
SUBJECT:Lot Purchase/Water & Sewer Credit Swap in Stillwell Estates Subdivision
BACKGROUND:
In 2019, it was discovered that one of the City's retention pond areas and access roads encroached on an
unimproved lot in the Stillwell Estates Subdivision owned by GJ Partners, LLC, which is the successor
developer of the subdivision.
DISCUSSION:
Numerous discussions have taken place with the property owner on how to resolve this issue. Staff believes the
best option is to purchase the lot from the property owner, with the purchase price being paid in the form of
water and sewer impact fee credits for another project being planned by the developer. The purchase price will
be $23,000 in total, comprised entirely of impact fee credits and credits for water and sewer connection
charges.
In the process of preparing to bring this proposal to the City Council, it was determined that changes needed to
be made to the subdivision covenants so that the lot would not be subject to HOA assessments once the City
takes title. The developer, working with the City Attorney, has agreed to make the requested changes if the
Council approves the proposed resolution.
GOALS & OBJECTIVES
This item is consistent with the goals in A New View Strategic Plan 2020 as follows;
Foundational- these are the areas of focus that make up the necessary foundation of a successful local
government.
Financial Sustainability- Achieve long term financial sustainability
Organizational Capacity, Effectiveness & Efficiency- To efficiently & effectively provide the highest quality
of public services
Infrastructure- Satisfy current and future infrastructure needs
Communication- To engage, inform and educate public and staff
Quality of Life- these areas focus on the overall experience when provided by the city.
Community Character- Promote desirable growth with a hometown atmosphere
Safety- Ensure the continuous safety of citizens and visitors
Mobility- Provide safe, efficient and accessible means for mobility
Page 284 of 341
Opportunity- Promote an environment that encourages economic and educational opportunity
Play- Expand recreational and entertainment activities within the City
Community Culture- Develop a specific identity for Crestview
FINANCIAL IMPACT
As noted above, the purchase will be made using impact fee credits and connection fee credits for water and
sewer serving another project planned by the developer. The total amount of these credits is $23,000.
RECOMMENDED ACTION
Staff respectfully requests the Council approve the purchase of the lot from GJ Partners, LLC for the price of
$23,000, comprised of impact fee credits and water and sewer connection fee credits.
Attachments
1.Lot 1 Quit Claim Deed to Crestview
2.Stillwell Estates Amendment clean
Page 285 of 341
CITY OF CRESTVIEW Item # 10.2.
Staff Report
CITY COUNCIL MEETING DATE: December 13, 2021
TYPE OF AGENDA ITEM: Action Item
TO:Mayor and City Council
CC:City Manager, City Clerk, Staff and Attorney
FROM:
DATE:12/9/2021
SUBJECT:Lot Purchase/Water & Sewer Credit Swap in Stillwell Estates Subdivision
BACKGROUND:
In 2019, it was discovered that one of the City's retention pond areas and access roads encroached on an
unimproved lot in the Stillwell Estates Subdivision owned by GJ Partners, LLC, which is the successor
developer of the subdivision.
DISCUSSION:
Numerous discussions have taken place with the property owner on how to resolve this issue. Staff believes the
best option is to purchase the lot from the property owner, with the purchase price being paid in the form of
water and sewer impact fee credits for another project being planned by the developer. The purchase price will
be $23,000 in total, comprised entirely of impact fee credits and credits for water and sewer connection
charges.
In the process of preparing to bring this proposal to the City Council, it was determined that changes needed to
be made to the subdivision covenants so that the lot would not be subject to HOA assessments once the City
takes title. The developer, working with the City Attorney, has agreed to make the requested changes if the
Council approves the proposed resolution.
GOALS & OBJECTIVES
This item is consistent with the goals in A New View Strategic Plan 2020 as follows;
Foundational- these are the areas of focus that make up the necessary foundation of a successful local
government.
Financial Sustainability- Achieve long term financial sustainability
Organizational Capacity, Effectiveness & Efficiency- To efficiently & effectively provide the highest quality
of public services
Infrastructure- Satisfy current and future infrastructure needs
Communication- To engage, inform and educate public and staff
Quality of Life- these areas focus on the overall experience when provided by the city.
Community Character- Promote desirable growth with a hometown atmosphere
Safety- Ensure the continuous safety of citizens and visitors
Mobility- Provide safe, efficient and accessible means for mobility
Page 286 of 341
Opportunity- Promote an environment that encourages economic and educational opportunity
Play- Expand recreational and entertainment activities within the City
Community Culture- Develop a specific identity for Crestview
FINANCIAL IMPACT
As noted above, the purchase will be made using impact fee credits and connection fee credits for water and
sewer serving another project planned by the developer. The total amount of these credits is $23,000.
RECOMMENDED ACTION
Staff respectfully requests the Council approve the purchase of the lot from GJ Partners, LLC for the price of
$23,000, comprised of impact fee credits and water and sewer connection fee credits.
Attachments
1.Lot 1 Quit Claim Deed to Crestview
2.Stillwell Estates Amendment clean
Page 287 of 341
ORDINANCE:
Page 288 of 341
CITY OF CRESTVIEW Item # 10.2.
Staff Report
CITY COUNCIL MEETING DATE: December 13, 2021
TYPE OF AGENDA ITEM: Action Item
TO:Mayor and City Council
CC:City Manager, City Clerk, Staff and Attorney
FROM:
DATE:12/9/2021
SUBJECT:Lot Purchase/Water & Sewer Credit Swap in Stillwell Estates Subdivision
BACKGROUND:
In 2019, it was discovered that one of the City's retention pond areas and access roads encroached on an
unimproved lot in the Stillwell Estates Subdivision owned by GJ Partners, LLC, which is the successor
developer of the subdivision.
DISCUSSION:
Numerous discussions have taken place with the property owner on how to resolve this issue. Staff believes the
best option is to purchase the lot from the property owner, with the purchase price being paid in the form of
water and sewer impact fee credits for another project being planned by the developer. The purchase price will
be $23,000 in total, comprised entirely of impact fee credits and credits for water and sewer connection
charges.
In the process of preparing to bring this proposal to the City Council, it was determined that changes needed to
be made to the subdivision covenants so that the lot would not be subject to HOA assessments once the City
takes title. The developer, working with the City Attorney, has agreed to make the requested changes if the
Council approves the proposed resolution.
GOALS & OBJECTIVES
This item is consistent with the goals in A New View Strategic Plan 2020 as follows;
Foundational- these are the areas of focus that make up the necessary foundation of a successful local
government.
Financial Sustainability- Achieve long term financial sustainability
Organizational Capacity, Effectiveness & Efficiency- To efficiently & effectively provide the highest quality
of public services
Infrastructure- Satisfy current and future infrastructure needs
Communication- To engage, inform and educate public and staff
Quality of Life- these areas focus on the overall experience when provided by the city.
Community Character- Promote desirable growth with a hometown atmosphere
Safety- Ensure the continuous safety of citizens and visitors
Mobility- Provide safe, efficient and accessible means for mobility
Page 289 of 341
Opportunity- Promote an environment that encourages economic and educational opportunity
Play- Expand recreational and entertainment activities within the City
Community Culture- Develop a specific identity for Crestview
FINANCIAL IMPACT
As noted above, the purchase will be made using impact fee credits and connection fee credits for water and
sewer serving another project planned by the developer. The total amount of these credits is $23,000.
RECOMMENDED ACTION
Staff respectfully requests the Council approve the purchase of the lot from GJ Partners, LLC for the price of
$23,000, comprised of impact fee credits and water and sewer connection fee credits.
Attachments
1.Lot 1 Quit Claim Deed to Crestview
2.Stillwell Estates Amendment clean
Page 290 of 341
RESOLUTION:
Page 291 of 341
OKALOOSA COUNTY, FLORIDA
Recording Fee: $ 18.50
Documentary Stamps: $ .70
====================================
THIS INSTRUMENT PREPARED BY:
C. Jeffrey Mcinnis, Esq.
ANCHORS SMITH GRIMSLEY, PLC
909 Mar Walt Drive, Suite 1014
Fort Walton Beach, Florida 32547
(850) 863-4064
Parcel ID No. 09-3N-23-1030-000H-0010
STATE OF FLORIDA )
COUNTY OF OKALOOSA )
QUIT-CLAIM DEED
THIS IS A CONVEYANCE OF REAL PROPERTY TO A GOVERNMENTAL AGENCY
FOR NOMINAL CONSIDERATION TO BE USED FOR PUBLIC PURPOSES AND, AS
SUCH, ONLY MINIMAL DOCUMENTARY STAMP TAXES ARE DUE HEREON.
THIS QUIT-CLAIM DEED is entered into effective as of this ____ day of December 2021
by GJ PARTNERS, LLC, a Florida Limited Liability Company, whose post office address for
purposes hereof is 714-B Bob Sikes Boulevard, Fort Walton Beach, Florida 32547 (hereinafter called
“Grantor”) to the CITY OF CRESTVIEW FLORIDA, a Florida municipal corporation, whose post
office address for purposes hereof is 198 North Wilson Street, Crestview, Florida 32536 (hereinafter
called “Grantee):
WITNESSETH, That the said Grantor, for and in consideration of the sum of TEN DOLLARS,
in hand paid by the said Grantee, the receipt and sufficiency of which is hereby acknowledged, does
hereby remise, release and quit-claim unto the said Grantee forever, all of Grantor's right, title and
interest, claim and demand which the said Grantor has in and to the following described real property
located in Okaloosa County, State of Florida:
LOT 1, BLOCK H, OF STILLWELL SOUTH, ACCORDING TO THE PLAT
THEREOF AS RECORDED IN PLAT BOOK 26, PAGES 80 THROUGH 81, OF
THE PUBLIC RECORDS OF OKALOOSA COUNTY, FLORIDA
The said real property is not the homestead property of the Grantor.
SUBJECT to any and all covenants, restrictions, reservations, easements, and other matters
of record which are not hereby reimposed.
TO HAVE AND TO HOLD the same together with all and singular the appurtenances
thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity
Page 292 of 341
and claim whatsoever of the said Grantor, either in law or equity, to the only proper use, benefit
and behoof of the said Grantee forever.
IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents effective
as of the day and year first above written.
Signed, sealed and delivered in our presence:
WITNESSES:
________________________________________
Print Name:______________________________
________________________________________
Print Name:______________________________
GRANTOR:
GJ PARTNERS, LLC, a Florida limited liability
company
By:____________________________________
Jimmy H. Henderson, II, Managing Member
_________________________________________
Print Name:_______________________________
_________________________________________
Print Name:_______________________________
By:____________________________________
Garry Howard, Managing Member
STATE OF FLORIDA )
COUNTY OF OKALOOSA)
The foregoing instrument was acknowledged before me by means of physical presence
this ____ day of December 2021, by Jimmy H. Henderson, II, in his capacity as Managing Member
on behalf of the company GJ Partners, LLC, a Florida limited liability company, who is personally
known to me and therefore did not provide identification and who did not take an oath.
___________________________
NOTARY PUBLIC
STATE OF FLORIDA )
COUNTY OF OKALOOSA)
The foregoing instrument was acknowledged before me by means of physical presence
this ____ day of December 2021, by Garry Howard, in his capacity as Managing Member of GJ
Partners, LLC, a Florida limited liability company, on behalf of the company who is personally
known to me and therefore did not provide identification and who did not take an oath.
___________________________
NOTARY PUBLIC
Page 293 of 341
THIS INSTRUMENT PREPARED BY:
C. Jeffrey McInnis, Esq.
ANCHORS SMITH GRIMSLEY, PLC
909 Mar Walt Drive, Suite 1014
Fort Walton Beach, FL 32547
(850) 863-4064
STATE OF FLORIDA
COUNTY OF OKALOOSA
AMENDMENT OF THE DECLARATION OF RIGHTS, RESTRICTIONS,
AND COVENANTS FOR STILLWELL ESTATES SUBDIVISION
WHEREAS, on November 15, 2005, SOUTHSIDE OF FLORIDA, LLC, a Florida limited liability
company, recorded that certain DECLARATION OF RIGHTS, RESTRICTIONS, AND
COVENANTS FOR STILLWELL ESTATES SUBDIVISION, in Book 2666, Pages 1659-1699 of
the Public Records of Okaloosa County, Florida, as amended and restated in that certain Amendment
and Restatement of the Declaration of Rights, Restrictions, and Covenants for Stillwell Estates
Subdivision recorded on March 21, 2006 in Book 2695, Pages 2892-2908 of said Public Records and
as further amended in Book 2977, Page 2423 and in Book 3027, Page 3815 together with that certain
Amendment to Declaration of Rights, Restrictions, and Covenants for Stillwell Estates Subdivision
recorded on June 30, 2009 in Book 2895, Page 1147 and re-recorded on July 1, 2009 in Book 2895,
Page 2224 and as further amended in Book 2977, Page 2423 and in Book 3163, Page 2946 and in
Book 3027 Page 3815 and in Book 3410, Page 4955 of said Public Records (the original declaration
and all amendments together with the amended and restated declaration are collectively referred to as
the “Declaration”); and,
WHEREAS, GJ PARTNERS, LLC, a Florida limited liability company, (the “Declarant”) is the
successor Declarant to Southside of Florida, LLC, the original declarant by virtue of a Partial
Assignment of Declarant’s Rights, dated June 29, 2009 and recorded on August 20, 2009 in Book
2902, Page 1415 of the Public Records of Okaloosa County, Florida; and,
WHEREAS, pursuant to Article IV, Section 3 of the Declaration, entitled “Amendment and Additional
Restrictions,” the Declarant and its assigns, may amend the Declaration at any time during which it
owns property within Stillwell Estates Subdivision without the consent of the other Property Owners
so long as all such amendments conform to the general purposes and standards of the Covenants and
Restrictions contained within the Declaration; and,
WHEREAS, GJ Partners, LLC, continues to own lots within the Stillwell Estates Subdivision; and,
WHEREAS, the Declarant is desirous of amending the Declaration as hereinafter set forth.
NOW, THEREFORE, the Declarant hereby amends the Declaration as follows:
1. Article I, Section 1 is hereby deleted in its entirety and amended to read as follows:
“Section 1. Property Subject to this Declaration. The property which is, by the recording
of this Declaration, subject to the covenants, restrictions, easements, assessments and liens
hereinafter set forth and which by virtue of the recording of this Declaration, shall be held,
transferred, sold, conveyed, used, occupied and mortgages or otherwise encumbered
Page 294 of 341
subject to this Declaration is described as property located in Okaloosa County, Florida
pursuant to plat as recorded in Plat Book 22, Page 65 of the Public Records of Okaloosa
County, Florida and being more particularly described in said plat, together with the
property located in Okaloosa County, Florida pursuant to plat as recorded in Plat Book 26,
Page 80, of the Public Records of Okaloosa County and being more particularly described
in said plat, less and except Lot 1, Block H, Stillwell South to be used by the City of
Crestview, Florida for public purposes and not subject to this Declaration.”
2. Except as amended herein, the aforesaid Declaration of Rights, Restrictions, and
Covenants for Stillwell Estates Subdivision, as previously amended, shall remain in full force and
effect.
IN WITNESS WHEREOF, GJ Partners, LLC, has caused this Amendment of the Declaration
of Rights, Restrictions and Covenants for Stillwell Estates Subdivision to be executed in its name by
it duly authorized corporate officer, the ___ day of December, 2021.
Signed, sealed and delivered in the presence of:
________________________________________
Print Name:______________________________
________________________________________
Print Name:______________________________
DECLARANT:
GJ PARTNERS, LLC, a Florida limited
liability company
By:____________________________________
Jimmy H. Henderson, II, President
STATE OF FLORIDA )
COUNTY OF OKALOOSA)
The foregoing instrument was acknowledged before me by means of physical presence this
____ day of December 2021, by Jimmy H. Henderson, II, in his capacity as President of GJ Partners,
LLC, a Florida limited liability company, on behalf of the Company who is personally known to me
and therefore did not provide identification and who did not take an oath.
___________________________
NOTARY PUBLIC
Page 295 of 341
CITY OF CRESTVIEW Item # 10.3.
Staff Report
CITY COUNCIL MEETING DATE: December 13, 2021
TYPE OF AGENDA ITEM: Action Item
TO:Mayor and City Council
CC:City Manager, City Clerk, Staff and Attorney
FROM:
DATE:12/9/2021
SUBJECT:Mannino Settlement Agreement
BACKGROUND:
Previously, the City initiated Code Compliance procedures in case No. 20-903 and No. 20-904 with respect to
the property located at 792 Walnut Avenue East, Crestview, Florida 32539. The Special Magistrate appointed
to hear and decide code cases in the City of Crestview pursuant to Chapter 162 entered orders in both Code
Compliance cases.
DISCUSSION:
The City and property owner both desire to settle both Code Compliance cases on the terms set forth in the
attached Settlement Agreement document.
In this agreement, the City is authorized to enter into the property for the purposes of demolition and removal
for the cost of $7,800.00. The owner shall pay the City this amount ($7,800.00) from the proceeds of the
property sale. The sale shall be completed on or before January 31, 2022, as stipulated in the agreement.
As a result of this settlement, the City will release any liens arising from the Code Compliance cases in
exchange for such aforementioned payment at closing. If the owner cannot sell the property, the City is under
no obligation to release any Code Compliance liens.
GOALS & OBJECTIVES
This item is consistent with the goals in A New View Strategic Plan 2020 as follows;
Quality of Life- these areas focus on the overall experience when provided by the city.
Community Character- Promote desirable growth with a hometown atmosphere
Safety- Ensure the continuous safety of citizens and visitors
Opportunity- Promote an environment that encourages economic and educational opportunity
Community Culture- Develop a specific identity for Crestview
FINANCIAL IMPACT
This item will have no impact on the City budget.
RECOMMENDED ACTION
Staff respectfully requests approval of the attached Settlement Agreement, and for it to be sent to the Mayor for
signature.
Attachments
Page 296 of 341
1.Mannino Code Settlement Agreement (1) (version 3)
Page 297 of 341
CITY OF CRESTVIEW Item # 10.3.
Staff Report
CITY COUNCIL MEETING DATE: December 13, 2021
TYPE OF AGENDA ITEM: Action Item
TO:Mayor and City Council
CC:City Manager, City Clerk, Staff and Attorney
FROM:
DATE:12/9/2021
SUBJECT:Mannino Settlement Agreement
BACKGROUND:
Previously, the City initiated Code Compliance procedures in case No. 20-903 and No. 20-904 with respect to
the property located at 792 Walnut Avenue East, Crestview, Florida 32539. The Special Magistrate appointed
to hear and decide code cases in the City of Crestview pursuant to Chapter 162 entered orders in both Code
Compliance cases.
DISCUSSION:
The City and property owner both desire to settle both Code Compliance cases on the terms set forth in the
attached Settlement Agreement document.
In this agreement, the City is authorized to enter into the property for the purposes of demolition and removal
for the cost of $7,800.00. The owner shall pay the City this amount ($7,800.00) from the proceeds of the
property sale. The sale shall be completed on or before January 31, 2022, as stipulated in the agreement.
As a result of this settlement, the City will release any liens arising from the Code Compliance cases in
exchange for such aforementioned payment at closing. If the owner cannot sell the property, the City is under
no obligation to release any Code Compliance liens.
GOALS & OBJECTIVES
This item is consistent with the goals in A New View Strategic Plan 2020 as follows;
Quality of Life- these areas focus on the overall experience when provided by the city.
Community Character- Promote desirable growth with a hometown atmosphere
Safety- Ensure the continuous safety of citizens and visitors
Opportunity- Promote an environment that encourages economic and educational opportunity
Community Culture- Develop a specific identity for Crestview
FINANCIAL IMPACT
This item will have no impact on the City budget.
RECOMMENDED ACTION
Staff respectfully requests approval of the attached Settlement Agreement, and for it to be sent to the Mayor for
signature.
Attachments
Page 298 of 341
1.Mannino Code Settlement Agreement (1) (version 3)
Page 299 of 341
ORDINANCE:
Page 300 of 341
CITY OF CRESTVIEW Item # 10.3.
Staff Report
CITY COUNCIL MEETING DATE: December 13, 2021
TYPE OF AGENDA ITEM: Action Item
TO:Mayor and City Council
CC:City Manager, City Clerk, Staff and Attorney
FROM:
DATE:12/9/2021
SUBJECT:Mannino Settlement Agreement
BACKGROUND:
Previously, the City initiated Code Compliance procedures in case No. 20-903 and No. 20-904 with respect to
the property located at 792 Walnut Avenue East, Crestview, Florida 32539. The Special Magistrate appointed
to hear and decide code cases in the City of Crestview pursuant to Chapter 162 entered orders in both Code
Compliance cases.
DISCUSSION:
The City and property owner both desire to settle both Code Compliance cases on the terms set forth in the
attached Settlement Agreement document.
In this agreement, the City is authorized to enter into the property for the purposes of demolition and removal
for the cost of $7,800.00. The owner shall pay the City this amount ($7,800.00) from the proceeds of the
property sale. The sale shall be completed on or before January 31, 2022, as stipulated in the agreement.
As a result of this settlement, the City will release any liens arising from the Code Compliance cases in
exchange for such aforementioned payment at closing. If the owner cannot sell the property, the City is under
no obligation to release any Code Compliance liens.
GOALS & OBJECTIVES
This item is consistent with the goals in A New View Strategic Plan 2020 as follows;
Quality of Life- these areas focus on the overall experience when provided by the city.
Community Character- Promote desirable growth with a hometown atmosphere
Safety- Ensure the continuous safety of citizens and visitors
Opportunity- Promote an environment that encourages economic and educational opportunity
Community Culture- Develop a specific identity for Crestview
FINANCIAL IMPACT
This item will have no impact on the City budget.
RECOMMENDED ACTION
Staff respectfully requests approval of the attached Settlement Agreement, and for it to be sent to the Mayor for
signature.
Attachments
Page 301 of 341
1.Mannino Code Settlement Agreement (1) (version 3)
Page 302 of 341
RESOLUTION:
Page 303 of 341
SETTLEMENT AGREEMENT
This Settlement Agreement is between the City of Crestview, Florida (the “City”) and
Giuseppe Mannino (“Owner”).
WHEREAS, Owner owns a parcel of property located at 792 Walnut Avenue East, Crestview,
Florida 32539 (the “Property”); and
WHEREAS, the City initiated Code Compliance procedures with respect to the Property, in Case
No. 20-903 and Case No. 20-904; and
WHEREAS, the Special Magistrate appointed to hear and decide Code Compliance cases in the
City of Crestview pursuant to Chapter 162 entered orders in both Code Compliance cases; and
WHEREAS, the parties desire to settle both Code Compliance cases on the terms set forth herein.
NOW, THEREFORE, the City and Owner agree as follows:
1. Owner hereby authorizes the City and its agents and contractors to enter onto the Property
for purposes of demolishing and removing all existing structures on the Property, regardless of the
mailing address used for such structures.
2. The City agrees to demolish and remove the structures from the Property for the cost of
$7,800.00. Demolition and removal shall take place before December 31, 2021.
3. Owner agrees that the City shall be paid $7,800.00 from the proceeds of the sale of the
Property, which sale shall be completed on or before January 31, 2022.
4. In consideration of Owner’s agreement and authorization to permit the City to demolish
the structures, and Owner’s agreement to pay for such demolition at closing of Owner’s sale of the
Property, the City agrees that it will release any liens arising from the Code Compliance cases in
exchange for such payment at Closing.
dotloop signature verification: dtlp.us/Drmm-yTwd-iMfz
Page 304 of 341
5. In the event Owner fails to pay the City at closing, or if Owner is unable to sell the Property,
the City is under no obligation to release its Code Compliance liens encumbering the Property.
6. This agreement shall be construed in accordance with Florida law, and venue for any
disputes arising from this Agreement shall be in the appropriate state court in and for Okaloosa
County, Florida.
7. The date of this Agreement is the date the last party executes it.
CITY OF CRESTVIEW
___________________________ ___________________________
By: J. B. Whitten, Mayor GIUSEPPE MANNINO
Date: ______________________ Date: ______________________
___________________________
Attest: Elizabeth M. Roy, City Clerk
Giuseppe Mannino dotloop verified
11/30/21 7:21 PM EST
P84D-W0VG-HTIB-K5YK
dotloop signature verification: dtlp.us/Drmm-yTwd-iMfz
Page 305 of 341
CITY OF CRESTVIEW Item # 10.4.
Staff Report
CITY COUNCIL MEETING DATE: December 13, 2021
TYPE OF AGENDA ITEM: Action Item
TO:Mayor and City Council
CC:City Manager, City Clerk, Staff and Attorney
FROM:JB Whitten
DATE:12/9/2021
SUBJECT:Selection of Citizen of the Year - 2022
BACKGROUND:
In 2020, the Citizen of the Year program changed to reflect the calendar year rather than the fiscal year of the
City.
DISCUSSION:
In November of 2021, the application process began for the 2022 Citizen of the Year.
The last day for applications to be received was December 1, 2021. Only 2 citizens were nominated.
The committee for recommendation for Citizen of the Year met on December 7, 2021.
The recommendation of the committee was to select ___________ as Citizen of the Year for 2022.
GOALS & OBJECTIVES
This item is consistent with the goals in A New View Strategic Plan 2020 as follows;
Foundational- these are the areas of focus that make up the necessary foundation of a successful local
government.
Financial Sustainability- Achieve long term financial sustainability
Organizational Capacity, Effectiveness & Efficiency- To efficiently & effectively provide the highest quality
of public services
Infrastructure- Satisfy current and future infrastructure needs
Communication- To engage, inform and educate public and staff
Quality of Life- these areas focus on the overall experience when provided by the city.
Community Character- Promote desirable growth with a hometown atmosphere
Safety- Ensure the continuous safety of citizens and visitors
Mobility- Provide safe, efficient and accessible means for mobility
Opportunity- Promote an environment that encourages economic and educational opportunity
Page 306 of 341
Play- Expand recreational and entertainment activities within the City
Community Culture- Develop a specific identity for Crestview
FINANCIAL IMPACT
Any financial impact from the Citizen of the Year program is included in the budget.
RECOMMENDED ACTION
Staff respectfully requests that the council consider the recommendation of the council and appoint
_________as the 2022 Citizen of the Year for the City of Crestview.
Attachments
1.applications
Page 307 of 341
Page 308 of 341
Page 309 of 341
Page 310 of 341
Page 311 of 341
Page 312 of 341
Page 313 of 341
Page 314 of 341
CITY OF CRESTVIEW Item # 11.1.
Staff Report
CITY COUNCIL MEETING DATE: December 13, 2021
TYPE OF AGENDA ITEM: Action Item
TO:Mayor and City Council
CC:City Manager, City Clerk, Staff and Attorney
FROM:Maryanne Schrader, City Clerk
DATE:12/9/2021
SUBJECT:Police and Fire Retirement Board Vacancies
BACKGROUND:
Through the adoption of Ordinance 864 - Police Officers and Firefighters Retirement Board, the City council
established the standards for the Police Officers and Firefighters Retirement Board. The standards are as
follows;
The City Council appoints members to serve on the Board for a two-year term. The appointee must be a legal
resident of the City of Crestview. The Board meets quarterly. Financial disclosure is required annually to the
Commission on Ethics. Duties and responsibilities of the Board of Trustees shall include, but not necessarily be
limited to, the following: (A) to construe the provisions of the System and determine all questions arising
thereunder; (B) to determine all questions relating to eligibility and participation; (C) to determine and certify
the amount of all retirement allowances or other benefits hereunder; (D) to establish uniform rules and
procedures to be followed for administrative purposes, benefit applications and all matters required to
administer the System; (E) to distribute to members, at regular intervals, information concerning the
System; (F) to receive and process all applications for participation and benefits; (G) to authorize all payments
whatsoever from the Fund, and to notify the disbursing agent, in writing, of approved benefit payments and
other expenditures arising through operation of the System and Fund; (H) to have performed actuarial studies
and at least biennial valuations, and make recommendations regarding any and all changes in the provisions of
the System; and (I) to perform such other duties as are specified by Ordinance.
DISCUSSION:
Mr. Ellis Conner's appointment to the Board expired on November 30th. With this term expiring, there are now
two vacancies. He has expressed an interest in being reappointed for another term.
The retirement board meets once a quarter. The next meeting will be in March. It is advisable to fill these
positions before the next meeting to ensure no disruption in board business.
The City Clerk will be working with the media division to solicit volunteers. This will include a social media
campaign, advertising through conventional means and a message in the water bill.
At tonight's meeting, the City Council may choose to reappoint Mr. Conner or to wait until a future meeting to
review additional candidates.
GOALS & OBJECTIVES
This item is consistent with the goals in A New View Strategic Plan 2020 as follows;
Foundational- these are the areas of focus that make up the necessary foundation of a successful local
government.
Page 315 of 341
Financial Sustainability- Achieve long term financial sustainability
Organizational Capacity, Effectiveness & Efficiency- To efficiently & effectively provide the highest quality
of public services
Communication- To engage, inform and educate the public and staff
Quality of Life- these areas focus on the overall experience provided by the city.
Community Character- Promote desirable growth with a hometown atmosphere
Community Culture- Develop a specific identity for Crestview
FINANCIAL IMPACT
There is no financial impact for the appointment.
RECOMMENDED ACTION
Staff respectfully request directions from the Council on this appointment.
Attachments
None
Page 316 of 341
CITY OF CRESTVIEW Item # 12.1.
Staff Report
CITY COUNCIL MEETING DATE: December 13, 2021
TYPE OF AGENDA ITEM: Presentation
TO:Mayor and City Council
CC:City Manager, City Clerk, Staff and Attorney
FROM:
DATE:12/9/2021
SUBJECT:Financial Report - City Manager
BACKGROUND:
In previous Council meetings, a Fund Balance (Cash) report has been presented as prepared by the accounting
team. The Fund Balance report demonstrates all cash balances at a specific date with restricted funds being
noted. This provides a clear picture of cash availability.
DISCUSSION:
In an effort to increase transparency, an unaudited Schedule of Revenues & Expenditures will be presented on
a monthly basis. The Fund Balance report will continue to be presented on a quarterly basis.
Attached are the Schedules of Revenues & Expenditures for the year ending September 30, 2021 and the month
ending October 31, 2021. Also, included is the Fund Balance report at September 30, 2021.
During our review of the Schedule of Revenues & Expenditures, certain variations were noted for which
explanations have been provided below.
Unaudited Schedule of Revenues & Expenditures at September 30, 2021:
General Fund:
Intergovernmental Revenues - CARES Act Funding to reimburse the cost of providing public safety
during the COVID-19 pandemic was received in FY 2021. A budget amendment was approved and
recorded resulting in the difference between the original budgeted amount and the amended annual
budget.
Miscellaneous Revenues - Includes outstanding interfund transfers to be made as part of the year-end
cost allocation adjustment.
Recreation & Enrichment Services: Administration - Cost increase in personnel cost due to promotion
of Assistant Public Service Director to CRES Director. Budget increase of $235,000 due to transfer of
funds from pooled cash park reserve for necessary skate park construction expenditures.
Recreation & Enrichment Services: Athletics & Recreation - Budget increased to accommodate
Blackwater Golf Club expenditures, including the Mammoth Sports Construction contract and to
accommodate additional Skate and Wilson Street parks expenditures, some of which were not expended
until fiscal year 2021-2022.
1/2 Cent Sales Tax - Includes outstanding interfund transfers to be made as part of the year-end cost
allocation adjustment.
Page 317 of 341
Building & Permitting:
Personnel Cost: Appears to be over budget due to a coding error. A year-end adjustment will be made
to reclassify to the correct fund.
Operating Expenditures: (1) Includes outstanding interfund transfers to be made as part of the year-end
cost allocation adjustment. (2) Office renovation was delayed; therefore, the budgeted figure was
transferred to the current fiscal year.
Community Redevelopment Agency:
Revenues: Other Sources: Budget figures include cash carryforward from the previous year.
Utility Fund:
Revenues: Other Sources: Original budget amount included anticipated bond proceeds; however, no
financing occurred in fiscal year 2021.
Expenditures: (Water, Sewer & Wastewater) The corresponding expenditures for the above mentioned
bond proceeds were also in the budgeted expenditure amount. Since the financing was not obtained in
the fiscal year 2020-2021, the percent of budget information appears lower than expected.
G&A - Budget increase for the receipt of American Rescue Plan Act (ARPA) monies.
Stormwater Fund:
Operating expenses: During COVID-19, inmate work crews were not available to the City. With labor
unavailability, anticipated projects were not able to be accomplished. Therefore, material costs were
less than anticipated.
Sanitation Fund:
Other Financial Assistance: Grant revenues from FEMA for reimbursement of costs associated with
Hurricane Sally.
Unaudited Schedule of Revenues and Expenses at October 31, 2021:
Please note that most funds include a budget amount in a revenue account titled "Other Sources". This includes
cash carryforward from the previous year. Therefore, the percent of budget will typically reflect a low
percentage.
General Fund:
Taxes: The majority of Ad Valorem revenues are collected between the months of November - January.
General & Administrative: The largest expenditures in this division are debt service payments which
will be disbursed later in the fiscal year.
Page 318 of 341
Recreation & Enrichment Services: Athletics & Recreation expenditures include Blackwater Golf Club
improvements.
Utility Fund:
General & Administrative: Largest expenditures in this division are debt service payments which will
be disbursed later in the year.
GOALS & OBJECTIVES
This item is consistent with the goals in A New View Strategic Plan 2020 as follows;
Foundational- these are the areas of focus that make up the necessary foundation of a successful local
government.
Financial Sustainability- Achieve long term financial sustainability
Organizational Capacity, Effectiveness & Efficiency- To efficiently & effectively provide the highest quality
of public services
Infrastructure- Satisfy current and future infrastructure needs
Communication- To engage, inform and educate public and staff
Quality of Life- these areas focus on the overall experience when provided by the city.
Community Character- Promote desirable growth with a hometown atmosphere
Safety- Ensure the continuous safety of citizens and visitors
Mobility- Provide safe, efficient and accessible means for mobility
Opportunity- Promote an environment that encourages economic and educational opportunity
Play- Expand recreational and entertainment activities within the City
Community Culture- Develop a specific identity for Crestview
FINANCIAL IMPACT
The attached provides a comprehensive financial report.
Page 319 of 341
RECOMMENDED ACTION
No action is required for this item.
Attachments
1.Monthly Financial Report Month Ended September 30 2021
2.Monthly Financial Report Month Ended October 2021
3.Cash Carryforward Ending September 30.21
Page 320 of 341
CITY OF CRESTVIEW, FLORIDA
MONTHLY FINANCIAL REPORT
September 30, 2021
Page 321 of 341
CITY OF CRESTVIEW
Monthly Financial Report
Table of Contents
September 30, 2021
General Fund ............................................................................................................................................... 3
Special Revenue Funds ............................................................................................................................... 4
Special Revenue Funds (CRA) ................................................................................................................... 5
Utility Fund ................................................................................................................................................. 6
Stormwater Fund ......................................................................................................................................... 7
Sanitation Fund ........................................................................................................................................... 8
Page 322 of 341
3
CITY OF CRESTVIEW
GENERAL FUND
SCHEDULE OF REVENUES AND EXPENDITURES
BUDGET AND ACTUAL
September 30, 2021
Amended Current
Annual Annual Year to Date Percent
Budget Budget Total of Budget
Revenues
Taxes 12,602,691$ 12,603,691$ 13,000,321$ 103.15%
Permits, Fees, Special Assessments 1,445,500 1,445,500 1,978,825 136.90%
Intergovernmental Revenue*5,778,900 10,311,329 7,680,216 74.48%
Charges for Services 226,510 226,510 354,805 156.64%
Judgments, Fines & Forfeites 289,000 289,000 243,425 84.23%
Miscellaneous Revenues**2,245,061 4,451,343 1,219,181 27.39%
Total Revenues 22,587,662$ 29,327,373$ 24,476,774$ 83.46%
Expenditures
Mayor 103,406$ 103,406$ 98,349$ 95.11%
City Clerk 181,037 212,385 172,621 81.28%
General & Administrative 1,367,303 3,695,677 3,507,535 94.91%
Administration:
City Manager 280,534 288,034 274,868 95.43%
Human Resources 241,317 241,837 226,237 93.55%
Information Technology 299,700 462,163 431,361 93.34%
Public Information Officer 68,438 84,438 79,648 94.33%
Finance 523,110 521,774 448,130 85.89%
Public Works Administration 418,488 418,488 363,797 86.93%
Maintenance 255,834 255,834 231,837 90.62%
Police 5,546,023 5,846,907 4,956,222 84.77%
Fire 5,559,417 5,602,096 5,583,989 99.68%
Recreation & Enrichment Services:
Administration***356,755 591,855 600,201 101.41%
Athletics & Recreation****920,782 4,475,295 1,728,227 38.62%
Library 845,492 909,808 751,236 82.57%
Special Events & Programs 127,278 127,278 116,521 91.55%
1/2 Cent Sales Tax*****2,100,000 2,100,000 28,867 1.37%
Streets 1,514,968 1,514,968 1,373,195 90.64%
Code Enforcement 137,956 137,956 111,719 80.98%
Planning & Zoning 597,478 597,478 402,181 67.31%
Building & Facility Maintenance 1,142,346 1,139,696 937,234 82.24%
Total Expenditures 22,587,662$ 29,327,373$ 22,423,975$ 76.46%
Note: This report reflects the revenues collected and expended as of year-end and what percent of the annual budget having been collected and expended.
All revenue and expenditure amounts are unaudited.
*Budget Amendment to record Cares Act funding to reimburse the cost of providing public safety during the COVID-19 pandemic.
**Miscellaneous Revenues includes outstanding interfund transfers to be made as part of year end cost adjustments.
***Personnel cost increases due to promotion of Assistant Public Works Director to CRES Director. Budget increase of $235,000 due to transfer of funds
from Pooled Cash Park Reserve for necessary construction expenditures for the skate park.
****Athletics and Recreation budget increased to accommodate Blackwater expenditures, including the Mammoth Sports Construction contract and to
accommodate additional Skate and Wilson Street parks expenditures. Some of which were not expended in current fiscal year 2020-2021.
*****1/2 Cent Sales Tax transfer to be made as part of year end close adjustments.
Page 323 of 341
4
SPECIAL REVENUE FUND
BUILDING AND PERMITTING
SCHEDULE OF REVENUES AND EXPENSES -
BUDGET AND ACTUAL
September 30, 2021
Amended Current
Annual Annual Year to Date Percent
Budget Budget Total of Budget
Revenues
Building Permits 558,696$ 558,696$ 594,500$ 106.41%
Total Revenues 558,696$ 558,696$ 594,500$ 106.41%
Expenditures
Personnel Cost*359,975$ 359,975$ 453,934$ 126.10%
Operating Expenses **198,721 198,721 70,182 35.32%
Total Expenditures 558,696$ 558,696$ 524,116$ 93.81%
Note: This report reflects the revenues collected and expended as of year-end and what percent of the annual budget having been collected and expended.
All revenue and expenditure amounts are unaudited.
Note: The Special Revenue Funds; Escrow and Law Enforcement Trust Fund not listed due to little or no activity.
*Over budget due to a coding error. A year-end adjustment will be made to reclassify to the correct fund.
**Budget amounts include outstanding interfund transfers to be made as part of the year-end cost allocation adjustment and amounts for office renovation,
which was delayed.
Page 324 of 341
5
COMMUNITY REDEVELOPMENT AGENCY FUND
SCHEDULE OF REVENUES AND EXPENSES -
BUDGET AND ACTUAL
September 30, 2021
Amended Current
Annual Annual Year to Date Percent
Budget Budget Total of Budget
Revenues
Intergovernmental Revenue 233,000$ 237,570$ 237,570$ 100.00%
Miscellaneous 4,180 4,180 1,869 44.71%
Other Sources*927,107 946,747 - 0.00%
Total Revenues 1,164,287$ 1,188,497$ 239,439$ 20.15%
Expenditures
Contractual Services 195,000$ 200,000$ 195,540$ 97.77%
Administrative 4,203 3,753 2,513 66.96%
Operating Supplies 1,500 1,450 - 0.00%
Advertising 10,000 10,000 2,775 27.75%
Dues & Subscriptions 1,350 1,350 1,340 99.26%
Training 500 1,000 865 86.50%
Improvements 812,134 818,344 42,619 5.21%
Interfund Transfer 39,600 39,600 - 0.00%
Awning Improvement Grant 100,000 113,000 37,863 33.51%
Total Expenditures 1,164,287$ 1,188,497$ 283,514$ 23.85%
Note: This report reflects the revenues collected and expended as of year-end and what percent of the annual budget having been collected and expended.
All revenue and expenditure amounts are unaudited.
*Budget numbers include cash carryforward from the previous year.
Page 325 of 341
6
UTILITY FUND
CITY OF CRESTVIEW
UTILITY FUND
SCHEDULE OF REVENUES AND EXPENDITURES
BUDGET AND ACTUAL
September 30, 2021
Amended Current
Annual Annual Year to Date Percent
Budget Budget Total of Budget
Revenues
Impact Fees 300,000$ 300,000$ 312,200$ 104.07%
Other Financial Assistance - 1,936,085 1,936,085 100.00%
Charges for Services 7,540,176 7,540,176 7,470,000 99.07%
Miscellaneous Revenue 20,000 20,000 40,872 204.36%
Other Sources *8,328,543 8,328,543 - 0.00%
Total Revenues 16,188,719$ 18,124,804$ 9,759,157$ 53.84%
Expenditures
General & Administrative** 2,737,880$ 4,673,965$ 2,684,597$ 57.44%
Public Works Administration 490,585 490,585 392,948 80.10%
Finance - Utility Office 450,437 450,437 444,202 98.62%
Water*3,547,054 3,547,054 2,208,192 62.25%
Sewer*3,825,764 3,825,764 2,020,714 52.82%
Wastewater*5,136,999 5,136,999 1,708,925 33.27%
Maintenance - - 359 0.00%
Total Expenditures 16,188,719$ 18,124,804$ 9,459,937$ 52.19%
Note: This report reflects the revenues collected and expended as of year-end and what percent of the annual budget having been collected and expended.
All revenue and expenditure amounts are unaudited.
*Original budget amounts were for anticipated bond proceeds, and corresponding expenditures for improvements, however no financing occurred in fiscal
year 2021.
**G & A budget increase for the receipt of American Rescue Plan Act (ARPA) monies.
Page 326 of 341
7
CITY OF CRESTVIEW
STORMWATER FUND
SCHEDULE OF REVENUES AND EXPENSES –
BUDGET AND ACTUAL
September 30, 2021
Amended Current
Annual Annual Year to Date Percent
Budget Budget Total of Budget
Revenues
Stormwater Fees 400,920$ 400,920$ 387,735$ 96.71%
Other Financial Assistance - - 820 0.00%
Total Revenues 400,920$ 400,920$ 388,555$ 96.71%
Expenditures
Personnel Cost 289,060$ 289,060$ 224,948$ 77.82%
Operating Cost* 111,860 111,860 63,563 56.82%
Total Expenditures 400,920$ 400,920$ 288,511$ 71.96%
Note: This report reflects the revenues collected and expended as of year-end and what percent of the annual budget having been collected and expended.
All revenue and expenditure amounts are unaudited.
*During COVID-19, inmate work crews were not available to the City. With labor unavailability, anticipated projects were not able to be accomplished.
Therefore, material costs were less than anticipated.
Page 327 of 341
8
CITY OF CRESTVIEW
SANITATION FUND
SCHEDULE OF REVENUES AND EXPENSES –
BUDGET AND ACTUAL
September 30, 2021
Amended Current
Annual Annual Year to Date Percent
Budget Budget Total of Budget
Revenues
Garbage Fees 3,900,000$ 3,900,000$ 3,967,047$ 101.72%
Penalties 48,000 48,000 61,787 128.72%
Franchise Fees 197,400 197,400 216,667 109.76%
Other Financial Assistance*- 28,083 28,083 100.00%
Total Revenues 4,145,400$ 4,173,483$ 4,273,584$ 102.40%
Expenditures
Garbage/Solid Waste 4,145,400$ 4,173,483$ 3,572,108$ 85.59%
Total Expenditures 4,145,400$ 4,173,483$ 3,572,108$ 85.59%
Note: This report reflects the revenues collected and expended as of year-end and what percent of the annual budget having been collected and expended.
All revenue and expenditure amounts are unaudited.
*Grant revenues from FEMA for reimbursements for costs associated with Hurricane Sally.
Page 328 of 341
CITY OF CRESTVIEW, FLORIDA
MONTHLY FINANCIAL REPORT
October 31, 2021
Page 329 of 341
CITY OF CRESTVIEW
Monthly Financial Report
Table of Contents
October 31, 2021
General Fund ............................................................................................................................................... 3
Special Revenue Funds ............................................................................................................................... 4
Special Revenue Funds (CRA) ................................................................................................................... 5
Utility Fund ................................................................................................................................................. 6
Stormwater Fund ......................................................................................................................................... 7
Sanitation Fund ........................................................................................................................................... 8
Page 330 of 341
3
CITY OF CRESTVIEW
GENERAL FUND
SCHEDULE OF REVENUES AND EXPENDITURES
BUDGET AND ACTUAL
October 31, 2021
Amended Current
Annual Annual Year to Date Percent
Budget Budget Total of Budget
Revenues
Taxes *13,444,486$ 13,444,486$ 389,851$ 2.90%
Permits, Fees, Special Assessments 1,545,500 1,545,500 177,711 11.50%
Intergovernmental Revenue 7,477,532 7,477,532 661,516 8.85%
Charges for Services 240,500 240,500 21,206 8.82%
Judgments, Fines & Forfeites 310,000 310,000 22,311 7.20%
Miscellaneous Revenues 251,300 251,300 36,806 14.65%
Other Sources 4,039,890 4,039,890 - 0.00%
Total Revenues 27,309,208$ 27,309,208$ 1,309,401$ 4.79%
Expenditures
Mayor 107,309$ 107,309$ 8,281$ 7.72%
City Clerk 164,753 164,753 14,774 8.97%
General & Administrative **2,933,746 2,933,746 18,034 0.61%
Administration:
City Manager 296,045 296,045 21,213 7.17%
Human Resources 336,085 336,085 19,004 5.65%
Information Technology 698,722 698,722 44,800 6.41%
Public Information Officer 141,826 141,826 9,646 6.80%
Finance 592,547 592,547 37,511 6.33%
Public Works Administration 339,868 339,868 8,981 2.64%
Maintenance 311,842 311,842 18,698 6.00%
Police 6,012,840 6,012,840 366,091 6.09%
Fire 4,820,689 4,820,689 328,478 6.81%
Fire Department - Dispatch 1,096,433 1,096,433 75,926 6.92%
Recreation & Enrichment Services:
Administration 203,537 203,537 14,243 7.00%
Athletics & Recreation***788,869 788,869 132,586 16.81%
Library 803,352 803,352 51,568 6.42%
Special Events & Programs 137,825 137,825 7,717 5.60%
Cultural Services 71,567 71,567 4,708 6.58%
1/2 Cent Sales Tax 2,921,908 2,921,908 - 0.00%
Streets 2,326,968 2,326,968 138,276 5.94%
Code Enforcement 137,744 137,744 4,845 3.52%
Planning & Zoning 828,692 828,692 39,150 4.72%
Building & Facility Maintenance 1,236,041 1,236,041 85,512 6.92%
Total Expenditures 27,309,208$ 27,309,208$ 1,450,041$ 5.31%
Note: This report reflects the revenues collected and expended as of October 31, 2021 and what percent of the annual budget that has been collected and
expended. All revenue and expenditure amounts are unaudited.
*Most of ad valorem revenues are collected between the months of November-January.
**Largest expenditures in this division are debt service payments, which will be disbursed later in the fiscal year.
***Includes expenditures for the Blackwater Project.
Page 331 of 341
4
SPECIAL REVENUE FUND
BUILDING AND PERMITTING
SCHEDULE OF REVENUES AND EXPENSES -
BUDGET AND ACTUAL
October 31, 2021
Amended Current
Annual Annual Year to Date Percent
Budget Budget Total of Budget
Revenues
Building Permits 579,430$ 579,430$ 31,381$ 5.42%
Other Sources 163,898 163,898 - 0.00%
Total Revenues 743,328$ 743,328$ 31,381$ 5.42%
Expenditures
Personnel Cost 453,734$ 453,734$ 33,202$ 7.32%
Operating Expenses 289,594 289,594 3,279 1.13%
Total Expenditures 743,328$ 743,328$ 36,482$ 4.91%
Note: This report reflects the revenues collected and expended as of October 31, 2021 and what percent of the annual budget that has been collected and
expended. All revenue and expenditure amounts are unaudited.
Note: The Special Revenue Funds; Escrow and Law Enforcement Trust Fund not listed due to little or no activity.
Page 332 of 341
5
COMMUNITY REDEVELOPMENT AGENCY FUND
SCHEDULE OF REVENUES AND EXPENSES -
BUDGET AND ACTUAL
October 31, 2021
Amended Current
Annual Annual Year to Date Percent
Budget Budget Total of Budget
Revenues
Intergovernmental Revenue 339,555$ 339,555$ -$ 0.00%
Miscellaneous 3,000 3,000 - 0.00%
Other Sources 994,072 994,072 - 0.00%
Total Revenues 1,336,627$ 1,336,627$ -$ 0.00%
Expenditures
Contractual Services 476,000$ 476,000$ 11,904$ 2.50%
Operating Supplies 9,650 9,650 723 7.49%
Advertising 19,500 19,500 - 0.00%
Dues & Subscriptions 1,500 1,500 1,340 89.33%
Training 1,000 1,000 - 0.00%
Improvements 507,977 507,977 993 0.20%
Interfund Transfer 19,000 19,000 - 0.00%
Equipment 2,000 2,000 - 0.00%
Awning Improvement Grant 300,000 300,000 - 0.00%
Total Expenditures 1,336,627$ 1,336,627$ 14,960$ 1.12%
Note: This report reflects the revenues collected and expended as of October 31, 2021 and what percent of the annual budget that has been collected and
expended. All revenue and expenditure amounts are unaudited.
Page 333 of 341
6
UTILITY FUND
CITY OF CRESTVIEW
UTILITY FUND
SCHEDULE OF REVENUES AND EXPENDITURES
BUDGET AND ACTUAL
October 31, 2021
Amended Current
Annual Annual Year to Date Percent
Budget Budget Total of Budget
Revenues
Impact Fees 430,000$ 430,000$ 24,000$ 5.58%
Other Financial Assistance 1,408,271 1,408,271 - 0.00%
Charges for Services 8,173,687 8,173,687 630,003 7.71%
Miscellaneous Revenue 20,000 20,000 693 3.46%
Other Sources 777,961 777,961 - 0.00%
Total Revenues 10,809,919$ 10,809,919$ 654,696$ 6.06%
Expenditures
General & Administrative* 5,217,175$ 5,217,175$ 10,037$ 0.19%
Public Works Administration 747,080 747,080 50,786 6.80%
Finance - Utility Office 468,829 468,829 36,627 7.81%
Water 1,840,149 1,840,149 99,456 5.40%
Sewer 1,322,187 1,322,187 105,685 7.99%
Wastewater 1,214,499 1,214,499 91,527 7.54%
Total Expenditures 10,809,919$ 10,809,919$ 394,118$ 3.65%
Note: This report reflects the revenues collected and expended as of October 31, 2021 and what percent of the annual budget that has been collected and
expended. All revenue and expenditure amounts are unaudited.
*Largest expenditures in this division are debt service payments which will be disbursed later in the year.
Page 334 of 341
7
CITY OF CRESTVIEW
STORMWATER FUND
SCHEDULE OF REVENUES AND EXPENSES –
BUDGET AND ACTUAL
October 31, 2021
Amended Current
Annual Annual Year to Date Percent
Budget Budget Total of Budget
Revenues
Stormwater Fees 395,100$ 395,100$ 32,888$ 8.32%
Other Financial Assistance 238,162 238,162 - 0.00%
Total Revenues 633,262$ 633,262$ 32,888$ 8.32%
Expenditures
Personnel Cost 291,325$ 291,325$ 16,179$ 5.55%
Operating Cost 341,937 341,937 5,638 1.65%
Total Expenditures 633,262$ 633,262$ 21,817$ 7.20%
Note: This report reflects the revenues collected and expended as of October 31, 2021 and what percent of the annual budget that has been collected and
expended. All revenue and expenditure amounts are unaudited.
Page 335 of 341
8
CITY OF CRESTVIEW
SANITATION FUND
SCHEDULE OF REVENUES AND EXPENSES –
BUDGET AND ACTUAL
October 31, 2021
Amended Current
Annual Annual Year to Date Percent
Budget Budget Total of Budget
Revenues
Garbage Fees 4,000,000$ 4,000,000$ 333,775$ 8.34%
Penalties 55,000 55,000 5,122 9.31%
Franchise Fees 208,000 208,000 18,391 8.84%
Total Revenues 4,263,000$ 4,263,000$ 357,288$ 8.38%
Expenditures
Garbage/Solid Waste 4,263,000$ 4,263,000$ 300,241$ 7.04%
Total Expenditures 4,263,000$ 4,263,000$ 300,241$ 7.04%
Note: This report reflects the revenues collected and expended as of October 31, 2021 and what percent of the annual budget that has been collected and
expended. All revenue and expenditure amounts are unaudited.
Page 336 of 341
Page 1
Fund Balance (Cash) September 30, 2021
General Fund
Building &
Permitting
Special
Revenue
CDBG
Debt
Service
Fund
Utility Fund Sanitation
Fund
Storm
Water
LETF
Fund
Escrow
Fund CRA Fund Investment
Fund Total
Pooled Cash as of 09/30/2021
TOTAL POOLED CASH AT 09/30/2021 $17,712,546 $927,405 $(76,509)$(204,677)$5,172,109 $3,068,345 $77,092 $2,205 $2,913 $(5,521)$-$-$26,675,908
-
Restricted Balances:-
Discretionary Sales Tax (1/2 Cent)1,715,909 1,715,909
Traffic Impact Fees 210,613 210,613
Customer Deposits--Facility Rentals 37,060 37,060
Reserved by Council (Gulf Power)433,434 433,434
Fire Department Reserve -
FD Educational Monies (in 2021 Budget) -
Parks Reserve 65,000 65,000
Recreational Fees 96,567 96,567
Tree Replacement 6,600 6,600
Magnolia Creek Funding Commitment 41,000 41,000
Public Safety Impact Fees - Residential 34,600 34,600
Public Safety Impact Fees - Commercial -
Debt Service -
Public Impact Fees 48,020 48,020
Impact Fees - Water 1,218,771 1,218,771
Annual Sewer Impact Fees 24,010 24,010
State Revolving Fund 64,430 64,430
RRI Fund--15/16 W&S Bonds 250,000 250,000
Customer Deposits--Utility Billing 833,264 833,264
Reserve Policy Funding 5,321,775 600,000 1,500,000 7,421,775
Replacement and Renewal 500,000 2,628,120 3,128,120
Total Restricted Balances $7,962,558$-$600,000$-$-$-$48,020$-$4,390,474$-$2,628,120$-$-$-$-$-$-$-$-$-$-$-$15,629,173
Unrestricted Operating as of 09/30/2021 $9,749,988 $327,405$-$(76,509)$(252,697)$781,635 $440,225$-$77,092 $2,205 $2,913 $(5,521)$-$11,046,736
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Page 2
Fund Balance (Cash) September 30, 2021 (Continued)
General Fund
Building &
Permitting
Special
Revenue
CDBG
Debt
Service
Fund
Utility Fund Sanitation
Fund
Storm
Water
LETF
Fund
Escrow
Fund CRA Fund Investment
Fund Total
Other Cash Accounts as of 09/30/2021
Unrestricted:
Red Light Camera 33,043 $33,043
General Fund SBA 658,163 $658,163
Utility Fund SBA 99,490 $99,490
Money Market Account 898,426 $898,426
Unrestricted Balance $33,043$-$-$-$-$-$-$-$-$-$-$-$-$-$-$-$-$-$898,426$-$757,653$-$1,689,122
Restricted:
Reserve 141,056 $141,056
Sinking 377,558 94,172 24,021 $495,750
Federal Forfeitures 288 $288
Flex 14,600 $14,600
Utility Fund Customer Deposits 260,265 $260,265
Escrow Fund (Library Donor)53,125 $53,125
Total Restricted Balances $392,157$-$-$-$-$-$235,228$-$24,021$-$-$-$-$-$288$-$-$-$-$-$-$651,694
TOTAL OTHER CASH AT 9/30/2021 $425,200$-$-$-$-$-$235,228$-$24,021$-$-$-$-$-$288$-$-$-$898,426$-$757,653$-$2,340,817
TOTAL CASH AT 09/30/2021 $18,137,747$-$927,405$-$(76,509)$30,551$-$5,196,130$-$3,068,345$-$77,092 $2,493$-$2,913$-$892,906$-$757,653$-$29,016,725
Unrestricted Cash as of 09/30/2021 $9,783,031 $327,405$-$(76,509)$-$(252,697)$781,635 $440,225$-$77,092 $2,205 $2,913 $892,906$-$757,653 $12,735,858
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Page 3
Fund Balance (Cash) September 30, 2021 (Continued)
General Fund
Building &
Permitting
Special
Revenue
CDBG
Debt
Service
Fund
Utility Fund Sanitation
Fund
Storm
Water
LETF
Fund
Escrow
Fund CRA Fund Investment
Fund Total
Fund Balance (Cash) Projections for 09/30/2021
Unrestricted Cash as of 09/30/2021 $9,783,031$-$327,405$-$(76,509)$-$(252,697)$-$781,635$-$440,225$-$77,092$-$2,205$-$2,913$-$892,906$-$757,653 $12,735,858
Other Projected Expenditures
Hospital Drive (997,000)$(997,000)
Parking Lot (145,113) $(145,113)
Task Order - RIB Rerate Study (240,500)$(240,500)
Golf Course Management & Repairs (1,368,364)$(1,368,364)
Elevated Water Tank (2,646,000)$(2,646,000)
WWTP Emergency Repair (305,000)$(305,000)
Other Projected Funding Sources
PJ Adams Phase IV - to be financed $-
Property purchase for sewer expansion - 1/2 sales tax 495,000 $495,000
ARPA 1,936,085 $1,936,085
EST. UNRE. FUND BALANCE (CASH) AT 09/30/2021 $7,272,554$-$327,405$-$(76,509)$-$(252,697)$-$21,220$-$440,225$-$77,092$-$2,205$-$2,913$-$892,906$-$757,653 $9,464,966
Unrestricted Fund Balance (Cash)$7,272,554$-$327,405$-$(76,509)$-$(252,697)$-$21,220$-$440,225$-$77,092$-$2,205$-$2,913$-$892,906$-$757,653$-$9,464,966
Unused CARES Money included in unrestricted cash $1,807,864 $1,807,864
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CITY OF CRESTVIEW Item # 12.2.
Staff Report
CITY COUNCIL MEETING DATE: December 13, 2021
TYPE OF AGENDA ITEM: Presentation
TO:Mayor and City Council
CC:City Manager, City Clerk, Staff and Attorney
FROM:Tim Bolduc, City Manager
DATE:12/8/2021
SUBJECT:City Manager Updates
BACKGROUND:
At each council meeting, the City Manager will update the City Council on the status of various projects.
DISCUSSION:
The City Manager will update on the following projects;
1. Fire Traning Tower
2. Blackwater Golf Club
3. Mainstreet Mobility Improvements
4. Introduction of Public Services Director
5. Holiday work schedule
GOALS & OBJECTIVES
This item is consistent with the goals in A New View Strategic Plan 2020 as follows;
Foundational- these are the areas of focus that make up the necessary foundation of a successful local
government.
Financial Sustainability- Achieve long term financial sustainability
Organizational Capacity, Effectiveness & Efficiency- To efficiently & effectively provide the highest quality
of public services
Infrastructure- Satisfy current and future infrastructure needs
Communication- To engage, inform and educate public and staff
Quality of Life- these areas focus on the overall experience when provided by the city.
Community Character- Promote desirable growth with a hometown atmosphere
Safety- Ensure the continuous safety of citizens and visitors
Mobility- Provide safe, efficient and accessible means for mobility
Opportunity- Promote an environment that encourages economic and educational opportunity
Play- Expand recreational and entertainment activities within the City
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Community Culture- Develop a specific identity for Crestview
FINANCIAL IMPACT
NA
RECOMMENDED ACTION
This item requires no action at this time.
Attachments
None
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