DEP AGREEMENT NO. SP530 RE CLEARWATER BROWNFIELDS AREA
".,<<
DC
'r'";
I
I
DEP AGREEMENT NO, SP530
PURSUANT TO LINE ITEM 1272A OF THE 1999 - 2000 APPROPRIATIONS ACT
THIS AGREEMENT is entered into between the STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION, whose address is 2600 Blair Stone Road, Tallahassee, Florida 32399-2400
(hereinafter referred to as the "Department") and the CITY OF CLEARWATER, whose address is P.O, Box 4748,
Clearwater, Florida 33758 (hereinafter referred to as "Contractor"), a governmental entity, to provide funding for the
purposes of returning environmentally impaired sites within the Clearwater Brownfields Area (CBA) to productive
economic development and community development uses. Additionally, the Contractor will utilize the necessary funds
to complete ongoing community development projects in the North Greenwood Neighborhood. The projects are
located at 1108 North Greenwood Avenue and 904 Pennsylvania Avenue. Funding was initially appropriated for these
sites through DEP Agreement No. SP499. The Contractor has identified 217 regulatory listed sites within and
immediately adjacent to the CBA. The Contractor intends to use the appropriation to provide complete funding or
matching funds for the remediation of "market ready sites" that will directly result in economic development or
community development projects. These projects will be identified through the existing Brownfields assessment
process, as well as through Brownfields Advisory Board and Environmental Justice efforts.
In consideration of the mutual benefits to be derived here from, the Department and the Contractor do hereby
agree as follows:
1. The Contractor does hereby agree to perform in accordance with the terms and conditions set forth in this
Agreement, Attachment A (Scope of Services), and all attachments and exhibits named herein which are
attached hereto and incorporated by reference.
2. This Agreement shall begin upon execution by both parties and end no later than December 31, 2000,
inclusive. In accordance with Section 287.058(2), Florida Statutes, the Contractor shall not be eligible for
reimbursement for services rendered prior to the execution date of this Agreement. This Agreement may be
amended to provide for additional services if additional funding is made available by the Legislature,
3, As consideration for the services rendered by the Contractor under the terms of this Agreement, the
Department shall pay the Contractor on a cost reimbursement basis in an amount not to exceed $300,000. The
Contractor shall be reimbursed on a cost reimbursement basis in accordance with Comptroller Contract
Payment Requirements, attached hereto and made a part hereof as Attachment B. All bills for amounts due
under this Agreement shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. All
requests for reimbursement of travel expenses shall be submitted in accordance with Section 112.061, Florida
Statutes.
4. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual
appropriation by the Legislature.
5. The Contractor shall submit quarterly invoices in conjunction with quarterly progress reports describing the
work performed, problems encountered, problem resolution, schedule updates and proposed work for the next
reporting period. If advance payment is authorized, the Contractor shall report (and document as required by
Attachment B) the amount of funds expended during the reporting period, the Agreement expenditures to date,
interest earned during the quarter and clearly indicate the method for repayment of the interest to the
Department (see paragraph 19), Quarterly reports shall be submitted to the Department's Project Manager no
later than twenty (20) days following the completion of the quarterly reporting period. It is hereby understood
and agreed by the parties that the term "quarterly" shall reflect the calendar quarters ending March 31, June
30, September 30 and December 31.
DEP Agreement No. SP530, Page 1 of 5
I, ,
( / j
(/
I
I
6. Pursuant to Section 215.422, Florida Statutes, the Department's Project Manager shall have five (5) working
days, unless otherwise specified herein, to inspect and approve the services for payment; the Department must
submit a request for payment to the Florida Department of Banking and Finance within twenty (20) days; and
the Department of Banking and Finance is given ten (10) days to issue a warrant. Days are calculated from the
latter date the invoice is received or services received, inspected, and approved, Invoice payment requirements
do not start until a proper and correct invoice has been received. Invoices which have to be returned to a
Contractor for correction(s) will result in a delay in the payment. A Vendor Ombudsman has been established
within the Florida Department of Banking and Finance who may be contacted if a contractor is experiencing
problems in obtaining timely payment(s) from a State of Florida agency. The Vendor Ombudsman may be
contacted at 850/410-9724 or 1-800-848-3792.
7. In accordance with Section 215.422, Florida Statutes, the Department shall pay the Contractor, interest at a rate
as established by Section 55.03(1), Florida Statutes on the unpaid balance, if a warrant in payment of an
invoice is not issued within forty (40) days after receipt of a correct invoice and receipt, inspection, and
approval of the goods and services. Interest payments of less than $1 will not be enforced unless a contractor
requests payment. The interest rate established pursuant to Section 55,03(1), by Comptroller's Memorandum
No. 11 (1998-99) dated December 2, 1998, has been set at 10% per annum or .02740% per day. The revised
interest rate for each calendar year beyond 1999 for which the term of this Agreement is in effect can be
obtained by calling the Department of Banking and Finance, Vendor Ombudsman at the telephone number
provided above or the Department's Contracts Section at 850/922-5942.
8. Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees
and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign
immunity or the provisions of Section 768.28, Florida Statutes.
9. The Department may terminate this Agreement at any time in the event of the failure of the Contractor to
fulfill any of its obligations under this Agreement. Prior to termination, the Department shall provide thirty
(30) calendar days written notice of its intent to terminate and shall provide the Contractor an opportunity to
consult with the Department regarding the reason( s) for termination.
10. This Agreement may be unilaterally canceled by the Department for refusal by the Contractor to allow public
access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida
Statutes, and made or received by the Contractor in conjunction with this Agreement.
11. The Contractor shall maintain books, records and documents directly pertinent to performance under this
Agreement in accordance with generally accepted accounting principles consistently applied. The
Department, the State, or their authorized representatives shall have access to such records for audit purposes
during the term of this Agreement and for three years following Agreement completion. In the event any work
is subcontracted, the Contractor shall similarly require each subcontractor to maintain and allow access to such
records for audit purposes.
12. The Contractor shall not subcontract, assign, or transfer any work under this Agreement without the prior
written consent of the Department's Project Manager. The Contractor agrees to be responsible for the
fulfillment of all work elements included in any subcontract consented to by the Department and agrees to be
responsible for the payment of all monies due under any subcontract. It is understood and agreed by the
Contractor that the Department shall not be liable to any subcontractor for any expenses or liabilities incurred
under the subcontract and that the Contractor shall be solely liable to the subcontractor for all expenses and
liabilities incurred under the subcontract.
13. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public
entity crime may not perform work as a Contractor, contractor, supplier, subcontractor, or consultant under a
contract with any public entity, and may not transact business with any public entity in excess of the threshold
amount provided in Section 287,017, F.S" for Category Two, for a period of36 months from the date of being
placed on the convicted vendor list.
DEP Agreement No. SP530, Page 2 of 5
JJI)
I
I
14, The Contractor shall comply with all applicable federal, state and local rules and regulations in providing
services to the Department under this Agreement. The Contractor acknowledges that this requirement includes
compliance with all applicable federal, state and local health and safety rules and regulations. The Contractor
further agrees to include this provision in all subcontracts issued as a result of this Agreement.
15. The Department's Project Manager for this Agreement is identified below.
Roger B. Register
Brownfields Liaison
Bureau of Waste Cleanup
2600 Blair Stone Road, MS 4505
Tallahassee, Florida 32399-2400
Phone: (850) 413-0062
Fax: (850) 922-4368
16. The Contractor's Project Manager for this Agreement is identified below.
Miles Ballogg
Brownfields Coordinator
Economic Development Team
City of Clearwater
P.O. Box 4748
Clearwater, Florida 33758-4748
Phone: (813) 562-4023
Fax: (813) 562-4037
17. In accordance with Section 216.181(15)(b), Florida Statutes the Department, upon written request from the
Contractor and written approval from the Comptroller, may provide an advance to the Contractor, The
Contractor may temporarily invest the advanced funds, provided that any interest income shall either be
returned to the Department, within thirty (30) days of each calendar quarter or be applied against the
Department's obligation to pay, if applicable, under this Agreement. Interest earned must be returned to the
Department within the time frame identified above or invoices must be received within the same time frame that
shows the offset of the interest earned.
Unused funds, and interest accrued on any unused portion of advanced funds which has not been remitted to
the Department, shall be returned to the Department within sixty (60) days of Agreement completion.
The parties hereto acknowledge that the State Comptroller may identify additional requirements which must be
met in order for advance payment to be authorized. If additional requirements are imposed by the State
Comptroller, the Contractor shall be notified, in writing, by the Department's Project Manager regarding the
additional requirements. Prior to releasing any advanced funds, the Contractor shall be required to provide a
written acknowledgement to the Department's Project Manager of the Contractor's acceptance of the terms
imposed by the State Comptroller for release of the funds.
18. To the extent required by law, the Contractor will be self-insured against, or will secure and maintain during
the life of this Agreement, Workers' Compensation Insurance for all of his employees connected with the work
of this project and, in case any work is subcontracted, the Contractor shall require the subcontractor similarly
to provide Workers' Compensation Insurance for all of the latter's employees unless such employees are
covered by the protection afforded by the Contractor. Such self-insurance program or insurance coverage
shall comply fully with the Florida Workers' Compensation law. In case any class of employees engaged in
hazardous work under this Agreement is not protected under Workers' Compensation statutes, the Contractor
shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the Department, for
the protection of his employees not otherwise protected.
DEP Agreement No. SPS30, Page 3 of 5
#J
I
I
19, The Contractor, as an independent contractor and not an agent, representative, or employee of the Department,
agrees to carry adequate liability and other appropriate forms of insurance. The Department shall have no
liability except as specifically provided in this Agreement.
20. The Contractor covenants that it presently has no interest and shall not acquire any interest which would
conflict in any manner or degree with the performance of services required.
21. The purchase of non-expendable equipment costing $1,000 or more is not authorized under the terms of this
Agreement.
22. The Department may at any time, by written order designated to be a change order, make any change in the
work within the general scope of this Agreement (e.g., specifications, time, method or manner of performance,
requirements, etc.). All change orders are subject to the mutual agreement of both parties as evidenced in
writing. Any change order which causes an increase or decrease in the Contractor's cost or time shall require
formal amendment to this Agreement.
23. This Agreement represents the entire agreement of the parties. Any alterations, variations, changes,
modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to
writing, duly signed by each of the parties hereto, and attached to the original of this Agreement, unless
otherwise provided herein.
IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed, the day and year last
written below.
CITY r CLEARWATER
By: Michael J. Roberto
Title: City Manager
Date: /o/;ur/7{
,. ,
STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
By~lLc;}
Secr or ~si"gne
Date: 1 /2/qq
~,!~ P&j'5 t
Attest:
~,<:Q. ~
DEP Contracts Administrator "
Brian J. A gst
Mayor-Commlssioner
Approved as to form:
~---:::
John Carassas
Assistant City Attorney
Approved as to form and legality:
Jt:.:;- b,~
FEID No. 59-6000239
Remittance Address:
P.O. Box 4748
Clearwater, Florida 33758
DEP Agreement No, SP530, Page 4 of 5
;:XJ
,
I
*For Agreements with governmental boards/commissions: If someone other than the Chairman signs this Agreement, a
resolution, statement or other document authorizing that person to sign the Agreement on behalf of the Agreement or
must accompany the Agreement.
List of attachments/exhibits included as part of this Agreement:
Specify
Tvne
Letter/
Number
Description (include number of pages)
Attachment
Attachment
A
B
Scope of Services (4 Pages)
Comptroller Contract Payment Requirements (I Page)
REMAINDER OF P AGE INTENTIONALLY LEFT BLANK
DEP Agreement No. SP530, Page 5 of 5
t:tJ
I
I
Attachment "A"
SCOPE OF WORK
ASSESSMENT IREMEDIA TION FUNDING
CLEARWATER BROWNFIELDS AREA
(Pursuant to Line Item 1272A of the 1999-2000 Appropriations Act)
PURPOSE
This document will describe the intended uses of funding provided through Line Item 1272A of
the 1999-2000 Appropriations Act for the purposes of Brownfields redevelopment in the
Clearwater Brownfields Area (CBA) as designated in the City of Clearwater's Resolution 97-57.
The Clearwater Brownfields Area includes the North and South Greenwood Communities and
portions of the Central Business District (see attached map).
INTRODUCTION AND GENERAL PROJECT DESCRIPTION
As a. result of the 1999-2000 State Appropriations Act, the City of Clearwater is being
considered for $300,000 to provide assessment and remedial funding for Brownfields
redevelopment activities in the CBA. The primary uses of this funding will be to return
environmentally impaired sites within the CBA to productive economic development and
community development uses. Additionally, the City will utilize the necessary funds to complete
two ongoing community development projects in the North Greenwood Neighborhood (listed
below). The requested appropriation will augment activities specified in existing State and EPA
Brownfields work plans and will result in:
. Creation of inner city job opportunities
. Implementation of environmental justice in low income communities of color
. Regeneration of blighted areas
. Removal of threats to public health and safety
. Increased tax revenues
. Urgently needed remedial funding
. Reduce the number of unproductive and/or vacant sites in which crimes occur
Most importantly, this appropriation will serve as a catalyst to real economic and community
development projects. A U.S. Conference of Mayors survey of more than 100 cities resulted in
excess of 94% of the respondents ranking funds for cleanup as the primary impediment, to
the redevelopment of Brownfields. This appropriation provides this critically needed remedial
funding.
DEP Contract No. SP530, Attachment A, Page 1 of 4
I
I
SPECIFIC USES
The funding provided under this appropriation will be utilized to perfprm the following activities:
. Remedial Activities
. Phase I Environmental Assessments
. Phase II Environmental Assessments
. Site preparation
. Site stabilization
. Removal of Pollutant Storage Tanks
. Performance of Pollutant Storage Tank Closure Reports
. Performance of Initial Remedial Actions
. Preparation of Contamination Assessment Reports
. 'Preparation of Remedial Action Plans
. Legal Representation and Fees (for Environmental/Property Acquisition Issues)
. All Other Activities required to remove environmental impediments to redevelopment,
including, but not limited to, negotiating Brownfields Site Rehabilitation Agreements and
Risked Based Corrective Action remedies
PROPOSED PROJECTS
The following are the proposed projects for the use of the funding under this appropriation.
These projects may be substituted with other viable projects within the CBA. In the event that
funding is available at the completion of the proposed projects, additional projects will be sought
for assessment, remediation and redevelopment within the CBA.
1. Continued Assessment and Remediation of Community Empowerment Project
Property located at 1108 N. Greenwood Avenue - The City has acquired an abandoned
gas station in the heart of the North Greenwood Business District. This property is the first
Community Empowerment Project where the community will decide on the ultimate
development of this site.
The City removed four (4) below ground storage tanks and is in the process of completing
the removal of petroleum impacted soils at this location. A contamination assessment and
potential treatment of impacted groundwater is likely for this site. Initially, $125,000.00 was
budgeted from 98/99 appropriations for this project. In the event that additional funding is
required to complete the assessment and remediation at this site, the funding provided
through the current appropriation will be utilized.
Preliminary Estimate Cost - $100,000
Projected Time Line - Completion within 12 months from date of execution of contract.
2, Brownfields Infill Housing Project at 904 Pennsylvania Ave, - The City is coordinating
the acquisition of this property with Clearwater Neighborhood Housing Services for the
construction of two (2) Infill houses in the North Greenwood Community. This site was
formerly used as an automotive salvage yard. The site was recently demolished and 14
DEP Contract No. SP530, Attachment A, Page 2 of 4
",
I
I
drums of waste were collected from this location during the demolition. A Phase I
Assessment has been completed for this site. Phase II activities and contaminated soil
removal for this site is ongoing. A total of $70,000 was provided for this project through
98/99 appropriations. In the event that additional funding is required to complete additional
assessment and remedial activities, funding through this appropriation will be utilized.
Preliminary Estimate Cost - $100,000
Projected Time Line - Completion within 12 months from date of execution of contract.
3. Various Economic ICommunity Development Projects - The City of Clearwater
Brownfields Area has a total of 217 regulatory listed sites within and immediately adjacent to
its boundaries. The majority of these sites are either listed as petroleum contaminated sites
, or sites listed due to hazardous waste handling activities. While many. of these sites are
considered for redevelopment, many are idle due to the perception of contamination or
actual contamination,
The City intends to use the appropriation to provide complete funding or matching funds for
the remediation of "market ready sites" that will directly result in economic development or
community development projects. For sites where matching funds are available, the City will
be able to leverage the appropriations by providing matching funds, These projects will be
identified through the existing Brownfields assessment process, as well as through
Brownfields Advisory Board and Environmental Justice efforts.
Preliminary Estimate Cost - $100,000
Projected Time Line - Completion within 12 months from date of execution of contract.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Contract No. SP530, Attachment A, Page 3 of 4
u
Jli
~;iT ~;~~u~ iY"
111Y-I I~"~ '-,\L-
~ I........ .-_
vld I
"
I.
I ~
=- ~ rII
~~v~
- --'J H ~,,~, ::3'~
--- A~ c:ff; ~ ~ f~ ~ 4~
~ riI/7 I c:::::J c:;;;:
~ ~rim~ mIlf ~c=:JC--
Jl !on 0 i c "T"MI
Ai :: a~ 1~~~ cB~~
,:t: ~ lr~~ II )..
.I, DDI~O · II!!!! 10
0r [J[]~...JD C:J ~ :, Mrl
? ~ ~oQU .~ (] 1 lJ~g
. I ~ 0 00 II n I L....-..J'--J 0
r ~~o I~I~I ",' 0
~ ~BqEiJ w , ~ ~ :: ~
r ~9t'~
LI~ ~D~~~ ~~: <<; ·
{~"""I !S~8B'- ~ m~.
OJ:] 0 ~
....:.::AU ~ ~ 01 '1
~: l~:' ""'-..; I~' x::xQ8 ~
.' --- . ~? rP
'. . " ,.... ,. . ,rJ rt:.;".. ~ u
.' . ,. . . ~ . ... '. ':': "~";;;~'. ~J ~
;.y:,: : ~.~ ~i.g.~~:~~~f;' ? 1:"- E
~~~.~., ..... :'~~';. -- .F CJ
:. ~. i'lb.: . :.' . '~.' == ~
;:J~\~~~ ~l[lrwuu~~D O~I
;~.:;vJ~~}~!!~ ~ \ Ull\J1J11 ~.': fJ ~"M
~t~~l~~~~~m ~ l~r~1,iA; 't . I . on; -
...... .:....;... <::';' . t~r.:l:WO '.' .~~ .... ..J.. !j'
,. '1 ..: _,.~.::,,:,.;;.'(l --~~_.'~'.'"
e~ ....", ----
~ IllClIIIURINO 1l!l'IJmIDlf
--
,'~
w ....a~E
'y'
s
~
.,Q \t!!U
~
~
Y -'II
-.... ....l!::.,
~
=-J
d=
,,,,"
U~
IJJL []
~,....
=~
~liL
=~
ill
u
~ /1
=.J
:
(::::J
~
c11
(. ~~
....-,
F,i:;:
t;:,...
...:~~ .
O .' .. ....
~~. ....':,.~...'.. :.:
I., ~ .\-~:~~.;'t:. 1"
u .
CLSAaWATa&
.aOWJlJlaLDI AaaA
--
.
--
. LEGAl DESCRIPTION:
Begin. at the intersection 01 the west right-ol-way line on N. fort Harrison Avenue and the easterly extension 01 the
north right-ol-way line 01 Sunset Poilt Road; thence southerly along said west right-aI-way line 01 Fort Harrison
Avenue, to a point 01 intersection wilh the easterly line 01 Pinellas Tral; thence continue southerly along said.
easterly line 01 the Pinellas Traa to 0 point on the westery extension of the south ri9ht-ol-way lile 01 Belleair Road;
thence easterly oIong said south right-aI-way line of Bellair Road to the east right-aI-way line 01 Missouri Awnue;
thence norlherly oIong said easl righl-ol-way line to the north right-ol-way line 01 Drew Streel; thence easterly oIoog
said north righl-ol.way line to the easl righi-aI-way line 01 Belly Lane; thence norlherly oIong said easl righi-aI-way
line to the easterly extension 01 the north ri<Jht-ol-way line 01 Carol)ll Street; thence westerly along said north
right-aI-way line and its exlension to its intersection with the east right-aI-way line 01 Overbrook Avenue; thence
norlhwesterly along said easterly righi-aI-way line to a point 01 illersection with the southerly right-aI-way line of
Brook Road; thence norlhwesterly to the panl III intersection 01 the wesl right-ol-way line 01 Washington Avenue
and the north righi-aI-way line 01 Sleven son Avenue; thence northwesterly along north righl-ol-way line 01 Stevenson
Avenue to the north righi-aI-way line 01 Sunsel Poinl Road; lhence westerly oIong said norlh righi-aI-way line 01
Sunset Point Road to the Point 01 BegiMing. Togelher with 011 properties obulling this line. Less and except lhose
[lro~erties not in Ihe citv limits of Deorwaler
~.",," !l---_._..
DEP Contract No. SP530, Attachment A, Page 4 of 4
....... ! ~
I
ATTACHMENT B
,
Comptroller Contract Payment Requirements
Department of Banking and Finance, Bureau of Auditing Manual (10/07/97)
Cost Reimbursement Contracts
Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category
(salary, travel, expenses, etc.) Supporting documentation must be provided for each amount for which
reimbursement is being claimed indicating that the item has been paid, Check numbers may be provided in lieu
of copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only
expenditures for categories in the approved contract budget should be reimbursed.
Listed below are examples of types of documentation representing the minimum requirements:
(1) Salaries:
A payroll register or similar documentation should be submitted, The payroll register
should show gross salary charges, fringe benefits, other deductions and net pay. If an
individual for whom reimbursement is being claimed is paid by the hour, a document
reflecting the hours worked times the rate of pay will be acceptable.
(2) Fringe Benefits:
Fringe Benefits should be supported by invoices showing the amount paid on behalf of
the employee (e.g., insurance premiums paid). If the contract specifically states that
fringe benefits will be based on a specified percentage rather than the actual cost of
fringe benefits, then the calculation for the fringe benefits amount must be shown.
Exception: Governmental entities are not required to provide check numbers or
copies of checks for fringe benefits,
(3) Travel: Reimbursement for travel must be in accordance with Section 112.061, Florida
Statutes, which includes submission of the claim on the approved State travel voucher
or electronic means,
(4) Other direct costs: Reimbursement will be made based on paid invoices/receipts. If nonexpendable
property is purchased using State funds, the contract should include a provision for the
transfer of the property to the State when services are terminated. Documentation must
be provided to show compliance with Department of Management Services Rule 60A-
1.017, Florida Administrative Code, regarding the requirements for contracts which
include services and that provide for the contractor to purchase tangible personal
property as defined in Section 273.02, Florida Statutes, for subsequent transfer to the
State.
(5) In-house charges: Charges which may be of an internal nature (e.g., postage, copies, etc,) may be
reimbursed on a usage log which shows the units times the rate being charged. The
rates must be reasonable.
(6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate, then
the calculation should be shown.
Pursuant to 216.346, Florida Statutes, a contract between state agencies including any
contract involving the State University system or the State Community College system,
the agency receiving the contract or grant moneys shall charge no more than 5 percent
of the total cost of the contract or grant for overhead or indirect cost or any other cost
not required for the payment of direct costs.
DEP Agreement No. SP530, Attachment B, Page 1 of 1