09/17/2001,. .': �,
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To:
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Date:
RE:
Mayor and Commissioners
Cyndie Goudeau, City Clerk
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Interoffice Correspondence Sheet
Bill Horne, City Manager; Garry Brumback, Asst. City Manager; Ralph Stone,
Asst. City Manager; Parn Akin, City Attorney
5eptember 14, 2001
Revised Agenda for Worksession, September 17, 2001
The fo�lowing items are provided for �dditions and revisions:
o Revised Preliminary Agenda
o CRA — Add Item 5— Interlocal Agreement with DDB to provide personne(, adrninistrative
and management responsibilities
� Purchasing Merno -- Revision adding item (10) Ringhaver Equipment; portab(e
generator sets
Budg�t Item #1 b— Providing motion io arnend Ordinance 6841-01
Budget ltem #2a and b— Providing Third Quarte� Budget Review memo with
Ordi�ance 6844-01 amending operating b�adget and Ordinance 6845-01 am�nding
the Capital Improvement budget
Budget Item #3 — Add item re line item savings; amend fiscal �ear 200'i /2002
operating budg�t
Finance Item #2 — Providing item re Ordinanee 687�-01; refunding of outstanding
Public Service Tax and Bridge Bonds
Humar� Resources Item #� — Aon Consuiting -- pulled
Hur�an Reso�rces Item #2 —Medical Insurance contract — pulled
Library Item — Moved Library Foundation Capital Campaign Update to Presentation
for Thursday
MarinP ltem #1 — Providing item re Res. 01-33 authorizing a JPA with Florida
Department of Transportation
Marine Item #2 -- Providing item re Res. 01-34 authorizing Supplementai Agreement
for design �nd construction of two aircraft T-hangars and one corporate hangar
Marine item #3 -- Providing item re approvaf af change order to GL� Construction
Services
Paiice Item #3 — Providing item re Victirns of Crirne Act (VOCA) Grant
Parks and Recreatian (tem re approval of 2 FTE;s from contract funding — pulled
Parks and Recreation item re Wood Chips - pulled
Parks and Recreation liem #1 — Add merno re EZDA recommendation for naming of
North Greenwood Recreation and Aquatics Complex
Public Works ltem #5 — Providing itern re SWFWMD for feasibility and permitting of
aquifer storage and recovery (ASR); presentation also provided
Public Works ltem #8 — Providing item re Ordinance 6853-01; registration of
Communications Services Providers
City Manager Adrninistration — Providing item re Yacht Basin Redevelopment
Commission Discussion Items — Add discussion of Clearwater Beach Association
offer regarding Design Competition for Roundabout Fountain Replacement
F'resentation for Thursday night — added United States Tennis Association Award for
McMullen Tennis Courts
F'RELIMINARY AGENDA
Clearwater City Commission Worksession - 9:00 A.M. •• Monday, September 17, 2001
Service Awards
Employee ofi the Month
Convene as Community Redevelo�ment Agency (CRA):
1. Call to Order
2. Minutes Approval - June 18, 2001
3. Appoint Ralph Stone as CR,A Executive Director
4. Approve Interlocal Agreement with the Downtown Development �oard (DDB) to perform
certa�n resRo�sibifi�ies �nd f�unctions consistent with and to further the FY 2001/02
�owntown Redevelopment Plan
5. Appr4�✓e l�terlocal Agreement with Downtown Development �oard (DDB); CRA will
provide personnel, administrative and management respansibilities in exchange for
$43,680; FY2001
6. Executive Director (Assistant City Manager) Verbal Reports
7. Other Busines5
8. Adjourn
Reconvene Worksession
PUR PURCHASING
1. �lewlett-Packard Company, service contract for hardware and software maintenance;
10/1/01-9/30/02; $34,212 (IT)
2. Verizon Florida Inc., service contract for high bandavidth services, frame relay and ADSL;
10/1/01-9/30/02; est. $45,000 (All)
3. PeopleSoft USA Inc., service Gontract for license fee and maintenance for PeopleSoft
syst�m; 10/1/01-9/30/02; $70,740 (IT and �tR)
4. V�rizan Florida Inc., service contract for telephone servi�es; 10/1/01-9/30/02; est $362,350
(All)
5. Verizon Florida Inc., service contract for teiephone utility charg�; 10/1/01-9/30/02; est
$50,000 (PD a�d �D)
6. D�partrnent af t�/lanagement Services, service contract for Suncom long distance service;
and cer�tranet iines; 14/1/41-9/30/02; 2st $159,35C1(All)
7. Cayenta Canada Inc., service contraci for maintenanc� and support for licensed Cayenta
progr�rr�s; 10/1/01-9/30/02; est. $72,000 (�(�S)
8. DieSel Energy Systerns, service cantract for genQrator maintenanc� and repair; � 0/1/01-
9/30/02; est $75,000 (CS)
9. L&S Custom �oaches, preparation and painting of negatiatgr vehicle; increase of $3,500
(PD)
10. Ringha��r Equipment Co., 60kw portabl� gener�tor sets (used); 150icw portable genera�tor
sets (used�l; $102,300 (PU)
11. McKim & Cre�d Eng'sneers, work order for engineering service; $75,100 (PW)
12. Declare surplus and authorize disposal of ve6�icles and equipm+ent.
1. E��ubiic Hearing — FY2002 Budget
a. Penny for Pinellas Project List
9/17/A 1
BU BUDG�T
1
b. Second Reading Ord. #6841-01 —declaring Millage Rate to be levied for Fiscal Year
beginning 10/1/01 and ending 9/30/02 at 5.5032 mills (levy of 5.5032 mi((s constitutes a
7.58% increase over the rolled back rate of 5.1156 rnills)
c. Second Reading Or�. #684�2-01 - adopting Operating Budget for Fiscal Year beginning
10/1 /01 and ending 9/30/02
d. Second Reading Ord. #6843-01 - adopting Capital imprc�vement Program Budget for
Fiscal Year beginning � 0/1/Oy and ending 9/30/02
2. Third Quarter Budget Review
a. First Reading Ord. #68�4-01 — am�nding the operating budget for FY ending Sep. 30,
2001
b. Firs�t R�ading Ord. 6845-01 — amending the capit�l improvement budget for the FY
ending Sep. 30, 2001
3. Budget line itern savings totaling $241,620; arnend fiscal year 2�01/2002 operating budget
at first quarter to establish designated reserve in same amaunt — Not a public hearing
ED ECON�MIC DEVELOPMENT
1, Approve the City's annual membership in the Tarnpa Bay Parfinership for FY 2001/02, in
the arnount of $50,000 (Con�ent)
2, Approve agreement with the Clearwa#er Beach Chamber of Commerce for FY 2001/02 FY
2001/02 in return for funding in the amount of $35,000 (Consent)
3. Approve agreement with �learwater R�gional Chamber Qf Commerce for FY 2001/02
tourism services in return far funding in the arnouni of $170,000 (Gonsent)
FIV FINANCE
1. Authorize settlement of the personal injury claim of Constance Argeropulos, arising from
a fall on a City ot Clearwater sidewalk, fior payment of $40,000 (Consent)
2. First reading Orcfin�nce 6876-01 providing for refunding of outs�anding Publi� Service
Tax and �ridge �onds, Series 1985, and the 1995 Improvement Revenue Bonds, �eries
1995; and approve William F�. Hough & Ca. as the ser.ior underwrit�r on the bonds and
Soto�on Smi#h Barney as the co-underwriter.
MR MARINE
1. Res. #01-33, authoi•izing a Joint Participation Agr�ement (JPA) with the Florida
D��artment of Transpartation, for supplement #4 of the Airpori IVlaster Plan/Storm Wat�r
Management Plan and Permitting
2. F�es. #01-34, authorizing Supp�erraentaf Agre�ment #1 to complete the Design and
Cdnstruction of two �ircraft i-hangars and one corporate hangar at Clearvvater Airpark;
a Joint Participation Agreement (JPA) between the City of Cleann�ater and the State of Flarida
Department of �"ransportation, ir�creasing Depa�tmer�t and Agency funding by $250,000
3. Approve Change Order #1 to CL� ConS#raction Servic,es, inc. of Tampa, Florida for ne�rr
T-Mangars at Clearvv�#�r Airpark (00-0031-AP), which will incr�ase the contract by
$34,9�9.00 fior a new contract total of �631.010.35, and approve a time ex#ension of sixty
(60) ddys (Consent)
9/17/01 2
PD POLICE
1. Approve acceptance of FY 2001/02 Locai Law Enforcernent Block Grant (LLE�G) funding
for two years in the amount of $245,829 frorn the U.S. Department of Justice/Bureau of
Justice Assistance (Consent)
2. Approve an agreement wvith Clearwater Housing Authority �CH�) to provide additional
poli�e services to Jasmin� Courts and Homer Villas for a period of two years in exchange
fior $� 42,501 in federaf grant funding (Conser�t)
3. Approve acceptance of th9rd year grant funding in the am�u��t of $34,910 from the State of
Florida, Office of the Attorney General, 2�01/02 Victims of Crime Act (V4CA) Grant
Prograrn (Consent)
4. Approve acceptance of $997,800 in fed�erai grant funds for a Nei�hborhood Policing
Initiative for the Homeless and approval of individual agr�ements with various contractors to
perform services related tn the grant (�onsent)
PR PARKS AND RECREATION
1. Appro�e Parks and R�creation Board recort�rnendations naming City property located at
900 North Gr�enwoad Avenue, "Narth Greenwood Recrsation and Aquatics Complex,"
approve naming the aq�aatic� center "Ray Green Aquatics Center" and name the
gymnasiu�n courts, "Terrance Griggley Co�rk," and "Dr. Joseph Carwise Court"
2. Approv� F�orida Recreation Develo�r��nt Assistance Program (FF�DAP) project grant
agreem�c�t for htorth Creenwood Aquatics �enter project, in the amount of �200,000,
between the State of Florida Department of Environmental Prot�ction and the City. (Consent)
3. Approve �lorida Recreat�on Devetopmeni Assisiance Progr�m (FRDAP) project grant
�greement fnr Eddie C. Moore Softball Cornplex Fields 8� 9 project, in ti�e amoun� of
$200,000, between the State of Florida aepartment of Environmental Protection and the City
4. Jolley Trolley
PLD PLANNING
1. Public Hearing & First Reading �rd. #fi836-01, #6837-01 & #6838-01 - Annexation (&
redefining boundary lines of City to incl�de said add�tion), Land Use Plan A►mendment to
Residential Urban & LiVIDR Zoning, �011 Virginia �ve., �ay View City Sub., Blk 1, N 47' of
Lots 5& 6(iaylnr G. Bingham �!f}
2. Surnrnar,r of Tetecommuni�ations 'i'o�nrer R�egulations
PW PUBLIC WORKS
1. Presentation - Water ��mand Nlanagement Brief — Public !ltiliti�s
2. Award a contract for the N. Greee�wood Reclair�ed Water & Carridor �nh�nc�rnents (01-
0029-EN) to Steve's Excavating & Pavin� of Clearwat�er, Flarida, in the �mount of
$2,090,001.10, ��c�r�s�nt)
3. �4pprove a Cooperative Funding Agreement with the Southwest Florid� Water management
District ��11VFW�4'ID) for the amount of $135,000, providing fiunding to the City for the City's
share of the prelirr,�nary engineering for the 1Nater 'Treatmeni FaGiiity (Consent)
4. Approve re-siting of th� Water �'reatment �aciiity to be co�structed at Sid Lickton Park
(Consent)
9/17l01
3
5. Approve funding commitment of $50,000 to the Southwest Fiorida Water Management
District (SWFWMO) for feasibility and permitt�ng of aquifer storage and recovery (ASR)
using reclaimed water (Consent)
6. Approve revisions to the Reclaimed Water Master Plan (Consent�
7. Accept a Quit-Claim Deed from Morton Plant Hospifal Associa#ion, inc, conveying the
easterly 18 feet of former Sadler Street right-of-way lying between Lots 19 and 20, Bluff View
Court Subdivision (Consent)
8. First Reading Ord. #6853-01 - creating new Section 32.042 of Chapter 32, Clearwater Code
of �rdinances; providing tor registration of Communicaiions Services Providers
9. First Reading Ord. #685E-01 - amend Clearwater CQde of Ordinances, Appendix A, Article
XIX, Streets, Sidewalks, Uther Public POaces, modifying fees cnarged for right-of-way
permits
10. Award contract for the l.ifit Statiorrs 27 & 301mpravements (LF-100599) to Azurix Morth
Ao�nerica Underground Infrastr�cture, Inc. of Longwood, Florida in the amount of
$329,426.90, which is the lowest responsible bid received in accordance with plans and
specifications (Gonsent)
CM ADMINISTRATION
1. Giscussion -- Development program proposed on Yacht F3asin Property - Mack
CA LEGAL DE�ARTMENT
Second Reading Ordinances
1. Ord. #6798-01 - implementing grease contro! program for wastewater collection systern
2. Ord. #6835-Q1 - Amendments to Community D�vefopment Code (r� notice requirements for
continuances; factors related to NCOD; transfer of QeveloRment Righis)
3. Cjrd. #68�0-0� - relating to water shortages; adopting an enforcement procedure for violators
of water shortage restrictions & providing an appeal process
4. Ord. #6�57-01 - Relating to Purchasing; amending Secs 2.561, 2.562 & 2.564 adjusting dollar
thresholds for City's purchasing procedures
First Heading Ordinances
Resalutions
Aqreements, Deec�s and Easements
Other. City Attorney Items
City Manager Verba! Reports
�. County Cornmissioner Seel's iTS proposal
C�mmission Discussion items
1. Clearwater Beach Association offer reg�rding Design Car�npetition for Roundabout Fountain
Replacement
9/17/01
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Presentation(s) for Thursday Night
1. Niain Library Design Development Presentation — Robert A. M. Stern, Architect
2. Library Foundation Capital Campaign Update— Jim Harper
3. Presentation — United States Tennis Association Award fAr McMullen Tennis Complex
9/17/01
Other Cornrnission Action
Adjourn
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Clea�water City Coanmi5sion
Agenda Cover Memorandum
Worksession Item �t:
Final Agenda Item #
Meeti ng Date:
SUB)ECT/RECOMME�IDATION: Approve Parks and Recreation Board recommendation n�ming City
praperty located at 900 IJorth Greenwood Avenue, "North Gr�enwood Recreation and Aquatics
Complex", approve naming of the Aquatics Center the Ray Green Aquatics Cen#er and name the
gymnasium courts, Terrance Griggley Court and Dr. Joseph Carwise Court,
� and that the apprvpriate officials be authorized to execute same:
SUMM�RY:
• As a part of the Penny for Pinellas projects for the City of Clearwater, $4,000,000 was identified to
construct a recreation and aquatics �omplex in North Greenwood on the former Ra� Green Field site.
The pr�ject is currently titt�d the Northwest Recreation and Aquatics Compfex.
+ At the �Jctober 4, 2001 City Cornmission meeting, the Commission will be asked to approve a
constructior� contract to buiid this new facility to open in the end of calendar year 2002.
• The new facility with a regiona) design will be over 28,000 square feet under roof to include a
citywide teen area, double full size gymnasium and a state of the art fitness facility. (n addition, 3
� swimming pools are planned, including a 20' high water slide, large water playground with training
pool and a traditional lap pool with diving area. A 2001 FRDAP grant in the amount of $200,000
was secured to fund many of the large aquatic amenities.
• The North Greenwood Associafiion has been involved with many of the stages of this project. The
Assoc�ation has recommended naming the park "North Greenwood Recreation and Aquatics
C:omplex".
� Current Resolution No. 94-12 specifies that the Parks and Recreation Board will conduct and
advertise a public hearing to consider recommendations for park names at a regular meeting of the
Board. The Board held this public hearing on Monday, June 25, 2001.
• Based on the information gatf�ered at the hearing, and on criteria con�ained in the Resolution, the
Parks and Recreation E�o�rd approved a motion to recommend to the City Comrnission that the
complex be named "North Gree�iwood Recreaiion and Aquatics Complex". The Board's second
choice wa� Dr. )os�ph Carwise Recreation and Aquatics Complex, and it's third was the Terrance
Griggley Recreation and Aquatics Complex.
e The board also recommends naming the aquatics area the Ray Green Aquatics Center and each of the
�ymnasium cQUrts after Terrance Griggley, �a former P&R employee (who was killed i� a tragic
accident in 2000) and Qr. Joseph Carwise, who was a former City Commissioner and Pineilas Cour�ty
Schools As�istanfi Superintendent.
Review�d by:
Legal ,�,�L�
Budget ��
Purchasing N/A
Risk Mgmt N/A
Suk�mitted by:
City Manager
Prinic�d pn rccycled �aaper
Info Srvc NIA
Public Works
DCM/ACM
Other ^�
�1'+�s
Originating Dept: Costs
Parks & Recreation Qepartment 7otal N/A
Kevin Dunbar, Director �/i� Funding Source:
User Dept. Current FY N/A CI
Parks & Recreation L�epar ment OP �
Attachments: Other '
O None Appropriation Cod�: None
Rev. 2/98
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InterotGce Correspoc�dence Sheet
�1Se.: P� 1
MEMORAI'�tDUM
TO: Cyndie Goudeau, City Clerk
FROM: Miles G. Ballogg, �conomic Development Teain
CC: Bill I-�ome, City IVlanager City Ralph Stone, Assistant City Manager
Art Kader, Assistant Director Parks and Recreation
DATE: September 12, 2001
RE: Eslterprise Zone Development Agency Recornmendation for North
�Gre�nwood Recreation Facility Naming
The Enterprise Zone Deve�opment A.gency (EZDA) held their board meeting on
August 20, 2001. At this mee�ring, the board voted to recommend to the 1VVJ[ayor and
City Commission that the new parks and recreation facility located on North
Greenwooci Avenue be named the "North �Greenwood Recreation Center". This
recornrnendation is intended to be consistent with the wishes of the Ietorth
Greenwood community rnembers.
The EZDA boarci asked its chairman, John Conrielly, to represent the board if the
Corrunisszon had any questians regarding the board's position.
��� �
CITY OT CL�AR4�VATER
SUMMARY OF TELECOMMUNICATI�ONS TOWER REGULATIONS
COMMUNITY vEVELOPMEIo1T CODE, AR7'ICLE 3, DIVISION 20
I. DEFINITIONS
"Telecommunication Tower: Any structure designed and constructed primarily
for the purpose oF supporting one or rnore antennas, including self supporting
lattice towers, �uy towers, or monopole towers. The tenn includes radio and
television transmission towers, microwave towers, common carrier towers,
cellular telephone towers, alternative tower structures and the like."
"Antennas: Any exterior apparatus at a fixed location designed for telephonic,
raclio, data, internet or other comrnunications, through the sending andJor
receiving of electromagnetic waves."
II. LOCATI�N
' Telecomrr�unicatia►n towers are a flexible use (CDB review) in each of the
following districts:
Cammercial
Downtown
Office �
Institutional
Industrial, Research and Technology
III. JOII�TT USE REQUIREMENTS
An appiicar�t requesting a new tower must document that no existing tower or
structure is available as a reasonable alternative.
The CDB detemunes if no reasonable alternative exists based on criteria
including:
! No towerlstru�ture in geographic area to meet coverage
• Existing tower/structure not of sufficient height
� Existing tower/structure does not have sufficient structural strength
� Applicant's antenna would cause electromagnetie interference with existing
tow�rlstructure's antennas
� Cost to share existing tower/structure over 25 years �;xceeds the cost of a new
tower
+ Not financially feasible to m�odi�y or replace existing tower
�► Applicant demonstrates othex legitimate limiting factars that make existing
� tower/structure unsuitable
Page 14f 3
IV. HEIGHT
SinQle User: 120' maximum
Two Users: 140' maximum
Three or more Uset•s: 160' maximum
Additional 25' may be approved if extra hei�ht eliminates need for other towers
V. DESIGN ANT1 S�iE ISSUES
A. SETBACKS
Fram R�sidential Uses: Tower must be setback the height of tower as
measured from base of tower ta residential property line
From Historic Districts: 500' from historic district and structures
From Pronerty Lines: Same as Applicabl� 2oning District Setbacks
B. CO�.OR: Neutral non-glare color to reduce visual obtrusiveness
C. FENCIIVG/SECURIT�': 6' high security, wood or masonry fence around
tower
D. LANDSCAPING/SCREENIlVG: minimum of 10' landscape buffer around
outside of fence
Perimeter and base of tower screened with shrubs and trees per landscape
plan approved by Community Development Coordinator
E. II.I.UMINATION
No artificial ligh� ex�ept that required by FAA
F. ACCESSOIZY BUILDINGS
Meet ree�uirements of appticable zoning district for setbacks
Screened frum right-of-way and adjacen� properties
� �esi� should help bleiid building into the setting and surroundir�g
buildin�s-through use of materials, textures, screening and landscaping
G. WAIVERS
Above design standards may be w�.ived, reduced or modifi�d by
Community Development Board if it results in design that better meets
intent oi code
Page 2 of 3
VI. REVIEW PROCESS
New Towers: Review by Community Development Board in public hearing
Modifv or Replace Existing Tower to allow Co-location of users: �eview by
Development Review Committee after notice to surrounding property owners.
Decision by Community I?evelopment Coordinator
VII. �TATUS OF APPIt4VED T�WERS
Since new Community Development Code adopted in March 1.999, three towers
have been approved. No tower applications are currently pending.
1. New Totiver @ Gulf to Bay Boulevard and Virginia Avenue
Originally denied by CDB in January 2000, Hearing Officer approved on
appeal by applicant in September 2000.
Height of 100', increased to 160' if three users commit to tower
2. Replacement Tower @ Clearwater High School, Gulf to Bay Boulevard
and Arcturas
Approved by Community Development Coardinator in Jc�ne 2000
Height of 165'
3. Replacement Tower for WTAN, Downtown Clearwater
Approved by Community Development Coordinator in April 2001
Height of 180'
Prepared by: Cynthia H. Tarapani, Director
Pianning Department
t�ugust 27, 2001
Page 3 of 3
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AGREEMENT
BY AND BETV�EEN THE
CI_EARWATER HOUSING AUTHORITY AND
THE CI"I'Y OF CLEARWATER
PHUEP GRAN�I' �FL 14DEP07�0101
This Agreernent made and entered into this day of , 2001,
by and betwzen the Clearwater Ho�ising Authority (hereina�fter referred to as "the
Authority"), and th� City of Clearwatcr (hereinarier referred to as "the City") is for the
provision of specific �olice services associated with the Autl�ority's security programs.
Whereas, the Authority desires to contract with the City for additional police
services to create a drug and crime free environment and to provide for the safety and
protection of the residents in Lewis Homer Villas and Jasmine Courts; and
Wh�reas, the City, by and through its police departrnent, desires to assist ir. the
effort by providing effective police services at the above named cornplexes;
Now, therefore, in consideration of the a�reemenis contained herein, the parties do
agree as follows:
ARTICLE I. SCOPE OF SER�'ICES
The City agrees that the services rendered by the assigned personnel under this Agr�ement
are in addition to baseiine police services.
The duties and extent of ser��ic�s of the assigned personnel shall include, but shall not b�
limited lo:
A. The City, by and through iis police departrneni, will provide a minimum of one
police officer at Homer Villas and Jasmine Courts to perform specialized patrols to
eniarce all state and local laws and the Housing Authority rules specified in this
.Agreement. Sw�m oi�icers shall at al1 times remain part of, subject to, and in
direc;t relationship with the police department's chain of cornm.arsd and under police
department rules, reguiations, and standard op�rating procedwes.
B. The City agrees to assign police officers to target�d areas (direcied patrol) during
sp�cific periods of tirne identified ay the Authority and agreed upon by the City as
high crime or high workload periocis to maintain a p9lice patrol presence. It is
understo�d by all parties ihat the officers assigned under this Agreement have
general law enforcement authority within the City, and the City reserves the right to
dis�atch ar otherwise assign these officers for service or other short-term details
outside the target areas in circumstances that require immediate police action, or to
temporarily adjust schedules as ne�ded for special events, catastrophic events, etc.
�
C. The City agrees that the poiice department wiil employ a community policing
concept that wi1l assist in developing or enhancing crime prevention programs in
the public housing communities.
D. The City agrees to cullezt and provide officer workload data in each public housing
development (Homer Villas and Jasmine Courtsj, as specified statistics under
Article III.B. Reporting.
E: It is further agreed that to the extent r�ecessary, the assigned pers�nnel will appear
as witnesses in the Authority's administrative grievance procedure, ci��il
dispossessory hearings or other civil or court proceedings where the issue incl�des
crimit�al or quasi-criminal conduct in or near public housing developments
involving any resident, member of� a resident's household, or any guests or guests
of a resident or household member.
F. Without limiting any of the foregoing, ehe City agrees that with respect to the
services to be performed by any police personnel in accordance with this
Agreement, the appropriate police department Patrol Commander or Supervisor
� will meet with resident leadership and management representatives of the Authority
on a routine basis for the purposes of reviewing the enforcement and prevention
efforts and planning for future changes or modifications anticipated by this
Agreement. These meetings shall occur at least quarterly.
G. The City agrees that a policy manual exists to regulate police officers' conduct and
activities; all poiic� officers have been provided a copy of the policy manual; the
department has � signed receipt from each officer that he/she has r�ceived and
understands the contents of the manuai; and personnel have been trained on the
regulations and orders within the manual.
H. The City agrees that it will provide the assigned personnel with such basic
equipment as may be necessary and reasonable in order to allow the police officers
to carry oat the duties anticipated under this Agreement.
I. The City agrees in addiiion to enhanced basic police coverage, community policing
servi�es will include the developm�nt and coordination of community partnerships
working in concert to provide th� following services:
l. Neighborhoad Crime Watch Program �
Z. Bicycl�e Registration Program
3. Vehicle Registr�tion Program
4. Resident Association Consultation
5. Field Trip Program
6. Green Team Program
2
�
7. Problem Tenant Meetings
R. Report Card Program
9. Homework Program
.I. The police department shall designate a supervisory of�cer as the Administrative
Liaison Officer, who will work in concert with the Executive Director of the
Authority or that official's designate.
The Atiministrative Liaison Off �er will perform the following duties:
1. Coordinate the disseminati�n and processing of police and security reports,
provide supervisory assistance, and coordinate in resolving problems or in carrying
out the provisions of this Agreement;
2. Establish and maintain an ongoing line of communications with other police
personnei;
3. Prepare monthly progress reports and evaluations of services requested and
provided under this Agreement for review by the Executive Director, by the Police
Chief, by the appropriate D�puty Chiefs, Lommanders and identified community
representatives, and by political leadership, e.g., mayor and city commissioners;
4. Provide assistance or advice for the planning and implementation of other
grant funded s�curity prograrr�s within the Authority.
K. The City witl at all times provide supervision, control and direction of work
activities and assignmenis of police personnel, including disciplinary actions. It is
�xpressly understood that the police department shall be responsible for
compensating its officers and providing all employee benefits, as well as providing
worker's compensation coverage for any injury to its officers while they are
performing thei� offieial duties.
SECTION TWO: SERVICES PROVIDED BY THE AUTHORITY
A. The Authority will provide the f�ollowing services:
1. Orientation and familiarization with the public housing communities for the
assigned officers; and;
2. C)rientation to the lease contract and lease compliance enforcemei2t
procedures and policies.
B. The Authority will provide the following in-kind accommodations, services and
equipment:
1. Accommodations — The Authority will provide suitable space Co be used a5
saiellite offices at the site targeted for additional police services.
3
2. Services - The satellite of�ficers will be supplied with utilities (water, heat,
electricity, telephone) and routine and extraordinary maintenance by persoruiel of
the �-�iousing Authority.
3. Equipment - The satellite offices are to be supplied with any other
additional equiprnent mutually agreed upon in connection with the performance of
this Agreement.
�. Madification/Damage - The Authority will mal:e reasonable rnodifications,
including rninor structural, electrical and mechanical changes to the
accommodations provided in order to meet the City's operational needs. Any
damage to the unit or equipment provided by the Housing Authority for City
employees, which the Authority determines to be above the normal. wear for the
item or accommodation, shall be repaired or reptaced by the City at the discretion
of the Authori�y.
ARTICLE II. ENFORCEMENT OF RULES ANV REGULATIONS
A. The City, thraugh its police oFficers, is hereby em.powered to enforce the following
Authority rules and regulations:
1. Unauthorized visiiors in unoceupied structures of the Authority shall be
removed.
2. Unauthorized visitors creating disturbance or otherwise interfering with the
peaceful enjoyment of iessees on Authority property shall be removed.
3. Unauthorized visitors destroying, defacing or rernoving Authority property
shall be removed and/or criminal enforcement actions sha�l be taken. .
With regard to the foregoing rules and regulations, the City's police officers are
hereby au;harized ta give criminal trespass warnings to any persons found in
violation of said rules or regulations, i.e., to give notice to any violators that their
entry on the property or premises is forbidden a�nd to arrest or cause tr►e arrest and
prosecution af any violators, when appropriate.
B. The City, through its police officers, is hereby empowered to �nforce the following
Authority rule or re�ulation:
The tenant and any visitors to Authority property and premises shall re�rain
frorn, and shall cause their households to refrain from parking vehicles in
any area other than parking a�reas designated by Authority managernent.
VVith zegard to ihe foregoing rule or regulation, the City's police officers are hereby
authorized to have remove� any and all vehicles found parked in violation pf said
rul� or regulation, purs+�ant to established City procedure for impounding v�hicles.
�
C. The City, through its police officers, is hereby empowered to enforce such
additional Authority rules and regulations and perform such other duties as shall be
specified in any addenda attached hereto or incorporated herein now or in the
future.
D, Nothing herein contained shall be construed as permittin� or authorizing police
� aff cers to use any rnethod ar to act in any manner in violation of law or of their
swom obligation as police officers.
ARTICI.E III. COMMUN�CATIONS, REPORTING �ND EVALUATION
A. Communications
l. Access to lnformation
Consistent with public records laws, the City agrees that the Authority will
have unrestricted access to all public infonnation which in any way deals
with crimina! activity in any of the Authority's communities. It is further
agreed that the City police department will provide to the Authority capies
of such incident reports, arrest reports or other public documents which
document or substa.aitiace actual or potentiai criminal activity in or
c�nnected with the public housing developments. This inf'ormation �vill be
p�ovid�d at no cost by the City police department on a regular basis in
accordance with specific procedures that have been or will be established.
B. Reporting
1. Forms
The poli�e department will require all assigned personnel (police of�icers)
to complete a d.aily log. The Authority v,�ill be provided a monthly report.
This report will include, but not be limited to, data as follows:
a. Hours worked
b. Calls/request for service
c. Referrals to oth�r agencies (Battered Woman's Shelter, FIC, etc.)
d. Suspiciaus persons
e. Vehicles abandonedJt�wed/stolen
f. Drug pasap�ernalia confiscated/found
�, Arrests/citations o�' both residents and outsiderrs
h, Property theft
i. Counseling of residents and visitors (educational presentations, etc.)
5
2.
j. Criminal mischief
k. Conflict resolution, e.g., resolved apparent or actual conflict
between two or more people
I. V�'eapons ��iolations/seized
Media Coordination
The police department will relay to the Executive Director or their designee
information related to any major crime or incident that occurs on Authority
property, preferably before the media is informed, or as soon as possible.
C. Evaluation
The City and the Authority agree that a monthly evaluation shall be provided by the
Polic� Department and will include:
1.
2.
3.
4.�
5.
6.
7.
8.
9.
10.
Hours worked by police officers
Arrests (to include drug violations)
Vehicles towed
Positive conkact� �
Trespass incidents
All Uniform Crime Reports (UCR) for Jasmine Courts and Homer Villas
Calls for Service (CFS) "
Fixearms/Weapons
Property theft
Community feedback
It is further agreed that the City wili provide compa.rable crirne inforrnation for the
City as a whole to facilitate the valuation to include what proportion of activities
City-wide occur on Authority property.
ARTICLE IV. TERNi OF AGREEMENT
The term of this A.greement sha�l be for the two-year period beginning
May 9, 2001 and extending through May 8, 2003.
ARTICLE V. COMPENSATION TO THE GITY
A. All comp�nsation to the City will be made on a cost reimbursement basis, or the
Gity will be �prepaid for expenses as specified in this Agreement with the Housing
Authority's approval. The Authority will reimburse the City far salaries and fringe
benefits for the assigned oersonnel p�rforrning ihe services specified in this
Agreement in a totai amount not to exceed $142,501.
3
B. The Authority shall reimburse the police department on a q�.�arterly basis, upon
receipt of performance of the proposed services and evidence of authorized
expenditures, or the City will be prepaid for expenses as specified in this
Agreement with the Housing Authority.
C. The City shall provide the following documentation in requesting reimbursement:
1. Copies of Certified Pay�roll Time Reports documenting names, employee
identification, hours worked in. public housing developments, supervisory approval
of the report. For prepayments, copies of Certified Payroll Time Reports will be
requir�d monthly.
D. Ali requests for reimbursement or prepayment are subject to the approval of the
Executive Director, or that ofticial's designee, and the Authority shall thereafter
make payment of the approved amount within thirty days of receipt of the request
for reimbursement.
ARTICLE VI. TERMINATION
A. The Authority may terminate this Agreement upon the provision of thirty (30) days
written notice to the City. Such notices shail be deliver�d by Certified Mail, Retum
Receipt Requested, to the address specified in Article VII.
B. The City may tenninate this Agreement upon the provision of thirty (30} days
written notice to the Authority. Such notices shall be delivered by Certified Mail,
Return Receipt Requested, to the address specified in Article VII.
QRTICLE VII. NOTICES
A.ny nutices required pursuant to the terms of this Agreement shall be sent by
LJnit�d States Certified Mail to the principal place of business of each of the parties
hereto, as specified below:
Authority: Clearwater Housing Authority
P.O. Box 960, Clearwater, FL 33755
210 Ewing Av�nue, Clearwater, FL 33757
City:
City of Clearwater
P.O. Box 4748
Clearwater, FL 33758
7
ARTICLE VIII. CONSTRUCTION OF LAWS
This Agreernent is rnade and entered into in the City of Clearwater. Any and all
questions of law arising hereunder shall be construed in accordance with the laws
of the State of' Florida.
ARTICLE IX. ENTIRE AGREEMENT
This Agreernent shall consist of the follotiving component p�rts:
A. This Agreernent;
B. Any subsequent addenda agreed to by botri parties.
Countersigned: CITY OF CLEARWATER, FLORIDA
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
��� �,� �
iZobert J, ette
Assistant ity Attoi-ney
By:
William B. Horne, II
City Manager
Attest:
Cynthia E. Goudeau
CiXy Clerk
CLEARWATER I�OUSING AUTHORITY
`.� ry ,:�� �.
� � : ��. '�'
Ey: n =��.,: �,_ � _ � �__._ �------�._
acqueli e Rivera
Executi� Director
�
:
Attest:
� : �� � J
�
P��
AGREEMENT
THIS AGREEMENT is made and entered into on the day of ,
2001, by and between �irections for Mental Health, Inc. hereinafter referred to as the
"Contractor", and the City of Clean�vater, Florida, a niunicipal corporation, hereinafter
referred to as the "City", hereby incorporates by reference the City of Clearwater's
"Standarc� Requirements for Requests for Proposals"; Exhibit A- Insurance
Requirements; and Exhibit B- Scope of Services.
WITNESSETH:
WNEREAS, th� City has been awarded a grant from the U. S. Department of
Justice/Bureau of Justice Assistance for a Neighborhood Policing Initiative for the
Homeless; and
1NHEREA�, the Contractor has agreed to provide case management services to
homeless individuals in the City of Clearwater;
NOW THEREFORE, in consideration of the promises and the mutual covenants
contained in the Agreement, the Contractor and City hereby agree as follows:
1. TERM.
This Agreement shall commen �e on the day of , 2Q01, and si�all
terminate on the day of , , unless earlier terminated by either
party hereto. Either party rnay terminate this Agreement upon thirty (30) day� prior
written notice.
2. CONTRACTOR'S SERVICES.
C�ntractor will p� ovide an Outreach Specialist and an Outreach Therapist to conduct
screening, referraf and follow-up services for mental health, substance abuse and
domestic violence needs. Contractor will make �taff availabl� on a daily basis, durin�
both daytime and e��ening hours, to screen clients for service needs, link them with
approQriate cornmunity resources, and provide group and individual therapy. (See
Exhibit B— Scope of ServicES far comprehensive description of servi�es to be
performed.)
3. CONSIDERATlON.
Upon ex�cution of this Agreement by all parties, the City will pay Contractor for co�ts
associated wi�h the implementation of 4he Neiyhborhood Policing lnitiative for the
Homeless. Be�inning �he day of , 20Q1, and �pon rec�ipt of
monthly reports and invoice, thp City will pay tl�e Contractor a monthly fee in the
amount of $10,779 for each month through `, . The City's m�ximum
liability under this contract shall nc�t exceed $258,700.
�
�
4. THE WAIVER.
Failure to invoke any right, condition, or covenant in this Agreement by either party shall
not be deerned to imply or constitute a waiver of any rights, condition, or covenant and
neither party may rely on such failure.
5. NOTICE.
Any notice or cornmunication perrnitted or required by the Agreement shall be deerned
effective when personally delivered or deposited, postage prepaid, in the first class mail
of the United States properly addressed to the appropsiate party at the address set forth
below:
A. � NOTICES T4 CONTRACTOf�:
R. Thomas Riggs, LCSW
Dir�ections for Ment�l Health, Inc.
1437 S. Belcher Road
Clearwater, FL 33764
B. NOTICES TO CITY:
Mail to:
Sid Klein, Chief of Police
Clearwater Police Departrnent
645 Pierce Street
Glearwater, FL 33756
With a copy to:
City Attorney's Office
City af Clearwater
P',O. Box 4748
Clearwat�er, FL 33758
1. ENF�RCEABILlTY.
I� ar�y provision of the Agreement is held by a court of cnmpetent jurisdiction to be
unenforceable, the remainder of ihe Agreement shall remain in full force and effect and
shall in no way be impair�d.
2, ENTIRE AGREEfl/IENT AND AMENDMENTS.
This Agreement constitutes the entire agre�rnent of the parties �vith regard to tne
subject rnatter h�reof, and replaces and supersedes all other agreements of
understandings. whether written or oral. No amendment or extension of the Agreement
shall be binding unless in writing and signed by both parties.
3, BINDlNG EFFECT, ASSIGNMENT.
This Agreement shall be binding upon and shall inUre to the benefit of the Contractor
and the City. Nothing in this Agreement shall be construed to permit the assignr�ent by
the Contractor of any of ifs rights or obligations hereunder, as such assignrnent is
expressly prohibited without the prior written consent of the City.
4. G�VERNING LAW, SEVERABILITY.
In the performance of the Agreement, each party shali corriply with all applicable
federal, state and local laws, rules, ordinances and regulations, This Agreement shall
be governed by the laws of the State of Florida. The invalidity or unenforc�abi{ity of any
provision of this Agreement shall not affect the validity or enforceability of any other
provision.
In witness whereof, the par�ies hereto have set their hands and seals on the date first
above written.
C�untersigned:
Mayor-Commissioner
Approved as to form:
obert J. urette
Assistant City Attorney
CITY OF CL.EARWATER, FLQRIDA
By:
William B. Horne II, City Manager
Attest:
Cynthia E. Goudeau
City Clerk
DIRECTIONS FOR`
_� .
R. Thomas �ggs, L
Chief Executive Of�'�
--�
�
TAL H�ALTH, INC.
Exhibit B- Scope of Services
Direciions for Mental Health, Inc. -- Mental Heafth Focused Outreach:
Directions Program staff will be available on a daily basis, at both daytime and evening
hours, to screen cli�nts for service needs, link them with the appropriate community
resources, and provide group and individual therapy.
Directions Program staff will screen individuals to assess for mental health and
substance abuse concerns.
Directions Program staff wiil conduct substance abuse and crisis management groups
several times a week at the Clearwater Homeless Intervention Project, Inc. (CHIP)
shelter and will provide referrals based on the initial screening and conduct follow-up
with clients as necess�r�� to improve successfiul linkage. When clients are unable to
follow through with referrals, program staff will provide the case management necessary
to link the clients successfully with other programs.
When clients are not eligible for other services, Directions Program staff will provide
individual therapy and ment�l hea(th case management services as needed to stabilize
the client and help them improve their functioning.
The Directions Outreach Specialist will work within Directions' PATH program currently
providing services at the CHfP shelter and be responsible for screening of CHIP clients
for mental health, s�bstance abuse and domestic violence needs, referral to the needed
service and foliow-up r�garding the success of the referral. The Outreach Specialist will
also cc�ardinate the psycho-educational groups at the shelter.
The Directions Outreach Therapist will work within Directions for Menta! Health, Inc.'s
Focused Outreach and IntervPntion Team ar�d wil! assist wifih screenings and referrals.
When a c(�ent is not eligible for other programs, the Out�each Therapist will conduct a
thorough assessrnent of inental health and substance abuse needs and the Outreach
�Team will either provide the �ecommended services directiy or provide the mentai
health/substance abuse case management service necessary to ensure that the client
receive� the needed services. The l�utreach Therapist will also conduct crisis
manageme�t groUps at the sh�lter.
Directions wil! provide monthly grant activity and status repc�rts to CHIP as calfed for in
the granting age�cy contract requirements.
�
DATE �MMfDD,W
�.!��3��.. _ CERTiFICATE OF LIABILliY I�ISURiANC� 08/13/2� �l
aN�uui.cu THIS CERTIFiCATE iS ISSUED AS A MATTER OF INFORMA710N
�-i ,�? , �1� �� t•"'f' ii:. `y f.4 �' i ti t� r' S ONLY AND CON�ERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
•' ��' • �`+':� �� ` ALTER THE COVERAGE AFFORDED BY THE POLICIES BEL01'..
C�ci��t �;t�,����, ;�l.a {)"lt)t7�.�
E INSURERS AFFORDING COVERAGE
�'i :� � 1 _� �� -- ; �,F ' �
�NSUkea ��� � `+NSUREpa Mental Health �isk Ret�ntion Gr�
C?i t`��r`t`.:.r.���� tU2' M�I1taZ Fiedlih ,,NSURERg
1 �� ,�"t �; . ��3��l.c:h<<r t?oad � !,tis�R�R:
c�? {y.�rw�it;;�r, k'S, 337�9 INSURER�
�-- ----------
TV�E {�QLIC;iL� 5!�'�� ?'�.`�UIiAN(.1 U'j T(_(1 (If��.� )`r"1 h1AVE: BEE�^J lSSI�ED TO THE INSUrZED NAMED ABOVE FOR THE POLICY PERIGD `�DICATED. NOTINITHSTANDING
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DESCRIPTION Of QPERA710NSlLOCATIONSNEHICLESlEXCLU910NS ApOED DY ENQOR9Eh1EN1!$PE�IAL PRdViSIONS
City of Clearwater
P.O. Box 4748
Clearwater, Florida 33758
Attn:
ACORD 25-S (7/9�7)
City Attorney's Office
SlIOUID ANY Of ?H� Al1VYt DEBCRIUED POIiCiE3 8E CANCEIIED BEFORE THE EXPfRATiON
DATE THCREOF, TNE �SSUIkO iNSURER Wttl ENOEAVOR TO IAAiI 3 O QAYS WRfTTEN
NdfiC� Ta tHE. CGpfIGICAtE HOt.OER NAMEO TO THE LEFT, 8UT FAILURE TO 00 SO 5►�/1LL
iMpOSE k4 UElt,IC3AT74N OR tlAplL»Y 4f ANY NIkD UPON INE INSURER. !TS AGEN75 OR
REPIiL'aF.NlA11VES
AUINONIYEn REPN�B� � .
�
0
988
�
AGREEMENT
THIS AGR�EMENT is made and entered into on the day of ,
2001, by and between the Clearwater Homeless Interv�ntion Project, Inc. hereinafter
referred to as the "Contractor", and the City of Clear�vater, Florida, a rnunicipal
carporation, hereinafte� referred to as the "City", hereby incorporates by reference the
City of Clearwater's "Standard aequirements for Requests for Proposals"; Exhibit A-
Insurance Requirer�ents; and Exhibit B- Scope of Services.
1MlTNES�ETH:
ONHEREAS, the City has been awarded a grant frorn the U. S. Departrnent of
Justice/Bureau of Justice Assistance for a Neighborhood Policing Initiative for the
Hameless; and
WHER�A�, the Contractor has agreed to provide case management services to
homeless individuals in the City of Cledrwater;
IdOW TNEREFtJf�E, in �consideration of the promises and the rnutual covenants
contained in the Agreement, the Contractor and City hereby agree as follows:
1, TERM.
This Agreernent shall comrnence o� the day of , 2001, and shall
terminate on the day of , , unless earlier terminated by either
party hereto. Either party rnay terrninate this Agreernent upon thirty (30) days prior
written notice.
2. CONTRACTOR'S SERVICES.
Cor��ractor will provide case rnanagement �ervices to an �stimated 15 persons a day
vver a 2�4-month period. Contractor will conduct the original assessment of each
homeless person referred to the shelter by the Clearwater Poiice Department and work
with homeless clients to obtain apprapriate housing, substan�e abuse treatment,
mental h�alth services, legal services, and/or veterans' an� oiher bene�its to which the
client may be enti±led. EmplQyment referrals and job readiness ski(Is wilf also be
provided by Contractor. (See Exhibit B— Scope of Servic�s for comprehensive
description of services to be performed.)
3. �OP�SIDERATION.
Upon execution of this Agreement by all parties, the City �vill pay Contractor for costs
associated �vith the irnplementa#ion of the Neighborhood Policing Initiative for the
Homeless. Beginning the day of , 2001, and upon receipt oi
m�nthly reports and invoice the City will pay the Contractor a monthly fee in the amount
of $1Q,750 far each rnonth through , , The City's maximum liability und�r
this contract shall not �xceed $258,000.
r
4. THE WAIVER.
Failure to invoke any right, condition, or cavenant in this Agreement by either party shall
not be deemed tv imply or constitute a waiver of any rights, condition, or covenant.and
neither party may rely on such failure.
5. NOTICE.
Any notice or communicatian permitted or required by the Agreement shall be deemed
effective when personal(y delivered or deposited, postage prepaid, in the first class mail
of the United States properly addressed to the apprapriate party at the address set forth
below:
A. NOTICES TO COIdTRACTOR:
�Carole L. Ciokiewicz
Executive Director
Clearwater Homeless Intervention Project, Inc.
1339 Park Street
Clearwater, FL 33756
�. NOTICES T� CITY:
Mail to:
Sid Klein, Chief of Police
Clearwater Police D�par�ment
645 PierGe Street
Clearwater, FL 33756
With a copy to:
City Attorney's Offce
City af Clearwat�r
P.O. Box 4748
Cle�rwater, FL 33758
6. ENFC3RCEABILlTY.
�f any provi�ion of the Rgre�ment is held by a court of competent jurisdiction to be
unenfo�ceable, the remainder of the Agreement shall remain in f�ll force a�d effect and
sha(I in no way be impair�d.
7. ENTI�E AGREEMENT AND AMENDM�NTS.
This Agreement constitutes the entire agreement of the parties with regard to the
subject matter hereof, and replaces and s��persedes all other agreements of
understandings, whether written or oral. No amendment or extension of the Agreernent
shall be binding unlPSS in writing and signed by both parties.
8. BINDING EFFECT, ASSIGNMENT.
Yhis Agreement shal! be binding upon and shall ir�ure to the benefit of ihe Contractor
and the City. Nothing in this Agreement shall be corastrued to permit the assignment by
the Gontractor of any of its rights or obligations hereunder, as such assignment is
expressly prohibited without the prior writter� consent of the City.
9. GCaVERNING LAW, SEV�RABILITY.
In the performance of the Agreement, each party shafl comply with all applicabie
federal, state and local laws, rules, ordinances and regulations. This Agreement shall
be governed by the laws of the State of Florida. The invalidity or unenforceability of any
provision of this Agreement shall not affect the v�lidity or enforceability of any other
provision.
ln witness �vher�eof, the parties hereto have set their hands and seals an the date first
above written.
Countersigned:
Mayor-Commissioner
Apptoved as to form:
� � �`�
Robert J. rette
Assistant ty Attorney
�ITY OF CLEARWATER, FLORIDA
By:
William B. Horn� (I, City Manager
Attest:
Cynthia E. Goudeau
City Clerk
CLEARVVATER HQfViELE�S 1NTERVENTION
PROJECT, INC.
_ . ,
By:
Carole L. Ciokiewicz, Executive Dir�ct
Exhibit B-- Scope of Services
Clearwater Homeless Inrervention Project, Inc. -- Case Management Services:
As an extension of the Police Homeless Outreach, CHIP will provide ar� intensive case
management system to link th�se clients seamlessly to th� various service providers to
prever�t th�rn frorn staying on the streets. being involv�d in stre�t crimes and substance
abuse, ar�d start to make less_ risky choir,es in their behaviors.
The case managernent services contracted through CHfP will provide coordination of all
services to the homeless persons encountered through the Police Homeless Outreach
Program and the Mentai Heal#h Focused Outreach Program.
CHIP Case Managernent Servic�s will conduct an assessment of the homeless persons
referred by the Clearwater Police Department.
CHlP Case Managernent Services will then work with the homeless clients to obtain
appropriate housing (either temporary or permanent), substance abuse treatment,
mental h�alth services, legal services, veterans' and other benefits to which the client
may be entitled, along with ernployment referrals and job readiness skills.
CH1P Case Man�gement Services wilf provid� relapse preventron counseling for the
prograrn's clients as they move through the various phases of the programs.
CHIP Case Manager Services will coordinate the crimina! background check for ail
homeless persons referred to them through the Clearwater Police Department.
CHIP Case EVlanagement Senrices wili coordinate provision of life skills learning
opportunitiES and supportive counseling and job r�adiness training with placernent
assistance and follow up for #hese ex�offenders.
CHIP Case Management Services will work with kr�own prostitutes a�7d other abused
homeless women referre�d into the prograrn to access appropriate rehabilitation
programs.
CHiP Case Management Servic�es wil! also coordinate referrals far �relirninary
�creening for s�bstance abuse, �IlV tesfing, STD and Hepatitis B and C scr�enings.
CHIP Case Manage�nenf Services wifl work closely with Pinellas County Health
Department, Pinellas Cvunty Mobile Medical ieam, and the Free Cfinic to provid� these
and other medical services to referred ciients.
The CHIP Executive Director wi!! have responsibilify fiar the overall coordination of the
grant programs.
CHfP G�se Management Services will also maintain accurate records for each referred
client including criminal background inforrnatian, referrals, p�ogress made.
ACORD,� CIEFiTIFICAYE OF LIA8ILITY IIVSURANCE DATtie ZO�OIY,
Paooucea � THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ACORDIA EAST - TAMPA BAY � ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
P.O. 8ox 3 i 666 HOLDER. THIS CERTIFICATE DOES N07 AMEND, EXTEND OR
Tarnpa, Fl 33631-3666 � ALTER THE COVERAGE AFFORDED BY THE POLfCIES BELOW.
727-796-6fi66
_.___�� . _. .___ .� _..._.. _ .._ .. _. _. _.. _ _ . - - .-- --._ _ __ .
INSUfiED
Clearwater Homeless
Int�rvention Project Inc
1339 Park St.
Clearv�iater FL 33756
GOVEFtAGES
INSURERS AFFORDING COV�RAGE
Y �r+suAER a. 1�Vestem World Insurance Cu.
�:SU�E� E
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•;�,la_a a
'15��E� E
i HE PQLICIcS OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAN�ED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT. TERM QR CONDITION OF ANY CONTRACT OR OTHEF ppCUMENT bNITH RESPECT TO WHICh1 THIS CERTIFICATE MAY 6E ISSUED OR
MAY PERTAIN. THE If�SURANCE A��ORDED BY iHE POUCIES DESCFi�EED HEREIN !S SUBJECT TO ALL THE TEAMS, EXCLUSIONS AND CONDI7IONS OF SUCI-
POIICIES. AGGREGATE LIMITS SNOWN MAY HAVE F3EEN REDUCED BY PAID CLAIMS
__— ____ �,.—._ _� _.______..._----------------------- -- -- -----___ _ _.._.. --- -- --- - ----------�- ._- -- --- ----- ---- - -.. __ . _.._-- .. . .. _ _. __... . _. . __ .-
R TYPE OF INSURANCE POLICY NUMBER ���ICY EFFECTiVE POUCY EXPIRA'i IGN LIMITS
B DATE IMMlODiYYI DATE (MM7DD/YY!
p GENERAL LIABILITY NPP1 1342
X COhAMERCIAI GENERA� LIABILIi Y
CLAIMS MADE x CCCUR
GEr��� aGGaEGaTE Lih11T APP�iES a[a.
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AUTOMOBIIE IIABILfTY
ANY AUTO
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. I NON-OWNED RU77$
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AGG : S �
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: AGCAEGATE 3 i
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CERTIFICATE NOLDER I x j ADD(TIONAL INSURfD: �NSUa�t ��ea: � CANCELLATION
ClTY OF CLEAR�1/l�TER
ATTN: JANET SKINNER
P a aox 4�4s
CLEARWATER, FL 33758-474$
ACORD 25•S (7/97)
45- 41
•�y� cTqTU. ��N.
_ TOA'f llhtlTS �a � ,��
E.L. EACH ACCI�ENT 3 �
, E.1. Di5EA5E • EA EMPlOYEE ' S
' E.L. �I5EASE • POLICY LIMIT S t
SHOI!LD ANY OF TH[ ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE DCPtRAT10W
OATE THEREOF, THE ISSUING IN URER WILL ElVDEAVOR TO MAII 1 O DAYS WAfTTFai
NOTICE TO THE CEATIFICATE H DER NAMED TO THE LEFT, 8UT FAILURE TO DO SO SHALL
JMPOS� NO 08U13A'TlOH OR U BILRY OF ANY KIND UPON TNE INSUR A. ITS AGEMS 6fi
REPRESENTATNES. i
AUTHORIZED REPR / /I w ' /t .
�
� ACOF�D C�R'PORATIOIV 198$
IMPORTANT
If the certificate ho(dsr is an ADDITIONAL INSURED, the policyries) must be endorsed. A statement
on this csrtificate does not confer rights to the certificate holder in lieu of such endorsementlsl.
If SUBROGATION IS WAIVED, subject to the terrns and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights tn the certificate
holder in lieu of such endo�sement(sl.
DISCLAIMER
The Certificate of Insurance �n the reverse side of this form does not constitute a contract between
the issuing insurer(sl, authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
Hc,vttLi La-� 9� ra i f
�
� �
`,.
CONSULTING �GREEMENT
THIS AGRE�MENT is made and entered into this day of
2001, by and between, W. R. Blount and Associates, Inc.,
hereinafter referred to as "Consultant," and the City of Clearwater, a municipal
corporation, hereinafter referred to as "City."
W1�NESS+�TH:
WHEREAS, the City is in need of assistance in the area of a grant
evaluation for U.S. Department af Justice/l3ureau of Justice Assist�nce for a
Neighborhood Policing Initiative far the Homeless; and
'INHEREAS, the Consultant has agreed ta perform consulting work far the
City in grant evalua�ion and other related activities for the City;
N011V Th1EF�EFORE, in consideration of the promises and the mutual
covenants contained in the Agreement, the Consultant and City hereby agree as
follows:
1. TERM
Th�s Agreement shal( commence on the day of ,
2001, and shall terminate on the day of , , unless,
earlier terrninafied by either party here�o. Either party may terminate this
,�green�ent upon thirty (30) days period written nc�tice, except that if the
Consultant terminates this Agr�ement prior ta Gity's receipt of the �irst progress
report, the Consultant sh�il return ti�e first $12,500 payment. Extension of the
termination day of this co�tract may be made by written notice and agreement by
both parties to the extension.
2. CONSULTANT'S SERVICES
Consultant shaii be available and provide to the Cifiy professional senrices
in the area of grant evaluations (hereinafter referred ta as "Consulting Services").
These Consulting Services sl�all consist ot the followirg phases:
Consultant shall perform such services according to ihe Schedule of
Services attached hereto as Exhibifi A.
3. GONSlDERATlON
In consideration of the Cansulting Services to be provided and performed
by the Consultant under this Agreement the City wil! pay the Con�ultant an
amount not t� exceed $50,000. The first payment in the amaunt of $12,500 is to
r
be paid upon execution of the contract. The City shall pay the Consultant
$12,500 at the end of the eighth month of the contract period upon receipt of a
progress report. �"he City shall pay the consulta,�t $12,500 at the end of the
sixteenth rnonth of the contract period upon receipt of a progress repo�t. The City
shall pay the Consultant the rernaining balance due ($12,500) pursuant to the
receipt of required final report according to the Florida Prompt Payment Act, F.S.
218.70.
4. ADDITIONAL SCRVICES
No additional services or expenses will be undertaken or incurred without
express written prior approval by the City.
5. !(�DEPENDE��T �ONTRACTOR
Nothing contained herein or any document executed in connection
herewith shall be construed to create an employer-employee partnership or joint
venture r�la�ionship between the City and the Consultant. The Consultant is an
independent contractor and not an employee of the City. �'he consideration set
forth in Section 3 shall be the sole consideration due the Gonsultant for the
service rendered hereunder. It is understood that the City will not withhold any
amounts for payrnen� of taxes from the compensation of the Consultant
hereunder. The Consuliant will not reoresent to be or hofd itself out as an
employee of the City and the Consuitant acknawledg�s that it shall not have the
right or entitlement in ar any of the p�nsion, r�tirement or other benefit programs
now or hereafier available to the City`s regular employees. Any and a11 sums
subject to deductions, if any, required to be vvithheld and/or paid under any
applic�ble state, federal or municipal laws or uniQn or professional guild
regulations shali be the �onsultant's sole responsibility and th� Consultant shall
indemnify and hold the City harrnless frorn any and a!I damages, claims and
expenses arising out oi or resulting from any claims asserted by any taxing
auihority as a result of or in connection with said payments.
6. CONFID�NTIALITY
fn the course oi perForming consulting services, the parti�s rECOgnize the
Consult�nt may come in contact or become fami(iar with ir�formation which the
City may consider confidential. This infiormation may include, but is not limited
to, legal or investigative matters that may be exempt frorn disclosure under
Florida's public record la�v. The Consultant agrees to k�ep all such information
confdential and will not discus� it or divulge it to anyone other than appropriate
City offi��als or their designees.
7. CONSl1LTANT'S TAXPAYER I.D. hJUMBER
The taxpayer I.D. nu�nber v1` the Consultant is �R ��}'�b�� � 0 .
2
�-
8. COMPETENT WORK
All work wili be done in a competent, professiona( manner in accordance
with applicable standards of the profession and all services are subject to the
final approva! by a representative of the City prior to payment.
9. REPRESENTATI�N AND WARRANTIES
The Consultant will make no representation, warranties, or commitments
binding the City without the Gity's prior consent and approval.
10. LEGAL R�GHT
The Consultant covenants and warrants that it has the unlimited legal right
to e�nter into this Agreement and to perform in accordance with its terms without
violating the rights of others or any applicable law and that it has not and shall
not become a party to any other agreement of any kind which conflicts with this
Agreement. Breach of this warranty sha!! operate to terminate this Agreement
automati�cally without natice as specified in Section 1 and to terminate a!I
obiigations of the City to pay any amounts which remain un��id under this
�Agreement. �
11. THE WAIVER
Failure to invoke any right, cond�tion, or covenant in this Agreement by
either party sha11 not b� d�err�ed to imply or constitute a waiver of any rights,
condition, or covenant and neither parh� may rely on such failure.
12. NOTICE
Any natic� or cort�municafion permitted or required by this Agr�ement
shall b� deemed �ffective when personal(y de(ivered or d�posited, postage
prepaid, in the first class mail of the United States proper�y addressed to the
aopropr�ate party at the address set forth below:
A. NOTICES TO CONSULTANT:
William R. Blount
W.R. Giouni and Associates, inc.
7209 Hammett Rd.
Tampa, FL 33647-1206
3
�
B. NOTlCES TO CITY:
Mail to :
Sid Kiein, Chief of Police
Clearwater Police Department
645 F'ierce Street
Clearwater, FL 33756
With a copy to:
Ci�y Attorney's Office
City of Clearwater
P.O. Box �4748
Clearwater, FL 33758
13. ENFORCEABILITY
If any provision of this Agreement is heid by a court of competent
jurisdiction to be unenforceab(e, the remainder of the Agreement shall rernain in
full force and efifect and shall in no way be impaired.
14. ENTIRE AGREEMEI�T AND AMENDMENTS
Tf�is Agreement constitutes the entire agreemeni� of the parties with regard
to �h� subject matt�:r hereaf, and replace� and supersedes all other agreements
of understandings, inrhethsr written or oral. No amendment or extension of this
Agreernent shall be binding unless in writing and signed by both parties.
15. BINDI{VG EFFECT, ASSIGNMENT
This Agreement shall be binding upon an�d shall inure to the benefit of the
Consuitant and the City. Nothing in this Agreement shall be construed to permit
the assignment by the Consultant of any of i#s rights or obligatians hereunder,
and such assignment is expressiy prohibited without the prior written consent of
the City.
In witness whereof, the parties hereto have set the�r hands and seals on
the date frrst above written.
Countersigned:
Mayor-Commissioner
CITY �F �LEARWATER, FL4RIDA
�y:
William B. Horne I�, City Manager
C�
Approved as to form:
, "
����' � ��_�, .
�
obert J. rette
Assistant ty Attorney
'
..... ..
Attest:
Cynthia E. Goudeau
City Clerk
W.R. Blount Associates, Inc.
By:
William R. Blount
��
0
Exhibit A-- Schedule of Services
William R.
Evaluation,
Phone : ( 813 )
Blount and Associates, Inc.
GranLS Management and Program
Consultants
7209 Hammett F�.oad
iampa, FL 33647
9�8-04�0 FAX: (813) 978-9744
1. The consultar.t will assist program staff in a
data bas�s and management information systems to
that l� the relevant in�ormation is included 2)
for gathering/en�ering that information has been
time lines h�ave been developed zor sucn entries,
lines for reports have been agreed upon.
rev�.ew of all
aid in assuring
responsibility
affixed, 31
ar:d 4 ) t�me
2. The consultant will direct the three community surveys (pre-
mid-post) assess�ng the perceptions of residential and business
persons regarding homeless issues.
3. The consultant wi11 meet regularly with the gran4 management
staff.
4. The consultant will participate in the mid-grant review, and
5. The consultant will direct the preparation of the final
report.
�,� ! ".
(� (� 3
F0337
DEP Contract Number
CSFA Number: 37017
CSFA `Title: FRDAP
FLORIDF� DEPARTMENT OF ENVIRONMENTAL PROT�CTION
FLORIDA RECREATION DEVELOPMENT ASSISTANCE PRQGRAM
Praject Grant Agreement - Development
This Agreement is made and entered into this
day of
, 200�, by and between the State of Florida, DEPARTM�NT
of Environmental Protection, hereinafter callEd the DEPARTMENT, and
the City of Clearwater, hereinafter called the GRANT�E, in furtherance
of an approved public outdoor recreation project. In consideration of
the rnutual covenants contained h�rein and pursuant to section 375.075,
Florida Statutes, and chapter 62D-5, Part V, Florida Administrative
Code, the parties hereto agree as follows:
1. This Agreement shall be performed in accordance with section
375.075, Florida Statutes, and chapter 62D-5, Part V,
Florida Administrative Code, hereinafter called the RULE.
The GRANTEE shall comp�.y with all provisions of the RULE
effective August 23, 2000, which is incorporated into this
Agreement as if fully set forth herein. It is the intent of
the DEPARTMENT and the GRANTEE that none of the provisions
of section 163.01, Florida Statutes, shall have application
to this Agreement.
2. The DEPARZ'MENT has Found that public outdoor recreation is
the pr?mary purpose of the �roject knawr� as North Greenwood
Aquatics Center (Florida Recreatic�n Uevelapment Assistance
Program, FRDAP Project Number F02337), hereinafter called
the PROJECT, and enters into this Ag?:eement with the GRANTEE
for the development of that real property, the legal
Paqe 1 of 7.1
descriptzon of which sha11 be submitted to the DEPARTMENT as
described in the Florida Recreation Development Assistance
Program Development Project F�re-reimbursemEnt/Commencement
DocumPntation Form, DEP Forrn FPS-A034.
3. The GRANTEE shall construct, or cause to be constructed,
certain public outdoor recreation facilities and
improvements consisting of the following PROJECT elements
which may be rnodified by the DEPARTMENT if GRANTEE shows
good cause: Pools, feat-ure slide, playground, picnic area,
showers, water fauntain, and other related support
facilities.
4. The DEPARTMENT shall pay, on a reimbursement basis, to the
GRANTEE, funds not to exceed $ZOO,Q00, which will pay the
DEPARTMENT'S share of the cost of the PROJECT. DEPARTMENT
fund limits are based upon the following:
DEPARTMENT Amount $200,000 50%
GRANTEE Match $200,000 500
Z'ype of Match Cash and/or In-kind Services
5. The PROJECT reimbursem�nt request shall include all
documentation required by the DEPARTMENT for a proper pre-
audit and post-audit review. Within sixty (GO) �ays after
receipt of the request, the DEPARTMENT'S Contract Manager
shall review the rompletion documentation an� payment
request from the GRANTEE for the PROJECT. If the
documentation is sufficient and meets the requirements of
the Florida Recreation Development Assistance Program
Completion Documentation Form, DEP Form FPS-A037�. referenced
in s. 62D-5.058(6)2(g}, the DEPARTMENT will approve the
�equest for payment.
6. The GRANTEE agrees to cornply with the Division of
Recreation and Parks' Grant and Contract Accountability
Prace�ure, hzreinafter called the PROCEDURE and incorporated
into this Agreement by reference as if fully set farth
nerein. All purchases of goods and services for
accomplishment of the PRO�JECT shall be secured in accordance
with the GRANTEE'S adopted procurement procedures. Expenses
representing �he PROJECT costs, including the required
matching contribu�ion, sha11 be reparted to the DEPARTMENT
Page 2 of �1
.
and summarized on certification forms provided in the
PROCEDURE. The DEPARTMENT and GRANTE� agree to use the
PROCEDURE guidelines accounting for FRDAP funds disbursed
under. the PROJECT. The parties further agree that the
principles for determining the eligible costs, supporting
documentation and minimum report�ng requirements of the
PROCEDURE shall be used.
7. Allowable indirect costs shall not exceed 150 of the
GRANTEE'S eliqible wages and salaries. Indirect costs that
exceed 15o must b� approved in advance in writing by the
DEPARTMENT to be considered eligible PROJECT expenses.
8. Pursuant to s. 215.422, Florida Statutes, the Department's
Project Manager shal_t have five (5) working days, unless
otherwise specified herein, to inspect and approve the
payment requests for payment. The DEPARTMENT must submit a
request for payment to the Florida DEPARTMENT of Banking and
Einance within twenty (20) days; and the DEPARTMENT of
Banking and Finance nas fifteen (15) days to issue a
warrant. Days are calculated from the date the invoice is
received or the date the services are received, inspected,
and app�oved, whichever is later. Invoice payment
requirements do not start until a complete and correct
invoice has been received. Invoices which have to be
r.eturned to the GRANTEE 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 (800)848-3792,
9. In accordance with s. 215.422, Florida Stafi utes, the
DEPARTME�T shall pay the GRANTEE intezest at a rate as
established by s. 55.03(1), Florida Statutes, on the unpaid
balance, if a warrant xn payment of an invaice is not issued
within 40 days after receipt of a correct invoice and
ieceipt, inspection, and approv3l of the goods and services.
Interest payments of less than $1 will not be enforced
unless the GRANTEE requests payment. The interest rate
estaulished pursuant to s. 55.�3(1), �l�rida Statute�, by
Comptroll��r's Memorandum No. 12 (1999-00) dated December 2,
2000, has been set at 11.Oo per annum cr .0003014o per day.
The revised interest rate for each calendar year beyond 2000
Pa�e 3 0� 11
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.
10. It is understood by the par�ies that the amount of this
Agreement may be reduced should th� Governor's Budget Office
declare a revenue short.f�ll and assess a mandatory res�rve.
Should a shortfall be declared, the amount of this Agreement
may be reduced by the same percentage as the DEPARTMEN'r is
assessed tor the mandatory reserve.
11. PROJECT funds rnay be rPimbursed for eligible pre-agreement
expenses (as defined in s. 62D-5.054(29) of the RUZE)
incurred by GRANTEE prior to execution of this Agreement as
set forth in s.62D-5.055(9) of the RULE. The DEPARTMENT and
the GRANTEE fully understand an� agree tha� there shall be
no reimbursement of PROJECT funds by the DEPARTMENT for any
expenditure made prior to the execution of this Agreement
with the exception of those expenditures which meet th�
requirements of the foregoing sectior�s nf the RULE.
1?. Prior to commencernent of PROJECT development, the GRANTEE
shall submit the documentation required by the Florida
Recreation Development Assistance Program Development
Project Pre-reimbursement/Commencement Documentation Form,
DEP Form FPS-A039, referenced in s. 62D-D. O58 ( 6) (f) of the
RUZE, to the DEPAIRTMENT upon determining that the
documentation complies wYth the RULE, the DEPARTMENT will
give notice to GRANTEE to commence the development and
approve the request for payment.
13. The Grantee sha11 obtain all required local, state and
federal permits and approvals prior to commencement of
project construction and shall certify that it has done so
to the Department by completing the Permitting
Certification, FPS--A034, referenced in s. 62D-5. 058 ( 7)( c) of
the Rule.
14. This Agreement shall become effective upon executi�n ar�d the
GRANTEE shall complete eonstruction of all PROJECT elements
on or befQre The GRANTEE rnay requESt up
to two (2) one (1) year extensions from the DEF'P�RTMENT for
Page 4 of 11
�
good cause at the written request of the GRANTEE and such
request must be rnade prior to the PROJECT c�mpletion date.
Project must be completed within 5 years, or money may
revert .
15, Project completion means the project is open and available
for use by the public. Project must be completed prior to
release of final reimbursement.
16. Any local governmental entity, nonprofit organization, or
for-profit organization that is awarded funds from a grants
and aids appropriation by a state agency shall:
If the amounts received exceed $100,000, have an audit
performed in accordance with the rules of the Auditor
General promulgated pursuant to s. 11.45, Florida Statutes;
or
If the amounts received exceed $25,000, but do not exceed
$100,000, have an audit performed in accordance with the
rules of the Auditor General pramulgated pursuant to s.
11.45, Florida Statut�s, or have a statement prepared by an
independent certified public accountant which attests that
the receiving entity or organization has complied with the
provisions of this Agreement; or
If the amounts received do not exceed $25,000, hav� the head
of the entity or organization attest, under penalties of
perjury, that the entity or organization h�s complied with
the provisions of this Agreement.
17. A copy of th� audit or attestation as required in Paragraph
16, shall be subrnitted to the DEPARTMENT within one (1) year
from the PROJECT completion date as set forth in the PROJECT
completion certificate.
18. In addition to the provisions contained in Paragraph 16
above, the Grantee shall comply with the applicable
pruvisions contained in Attachment �. A revised copy of
Attachment 1, Exhibit-1, must be provided to the Grantee
with.each amendment which authorizes a fundi�g increase or
decrease. The revised E�hibit-1 shall summarize the funding
sources supporting the Agr�ement for purposes of �ssistinq
the Grantee in comply�ng with the requirement� of Attachment
Page 5 of 11
1. If the Grantee fails to rece�ve a revised copy of
Attachment l, Exhibit-1, the Grantee shall natify the
Department's Contracts Administrator at 850/488-7896 to
request a copy of the up�ated information.
19. Following receipt of an audit report identifying any
reimbursement due the DEPARTNIENT for the GRANTEE'S non-
compliance with this Agreement, the GRANTEE will be allowed
a maximum of thirty (30) days to submit additional pertinent
documentation to offset the amount identified as being due
Following receipt of an audit report identifying the
DEPARTMENT. The DEPARTMENT, following a review of the
documentation submitted by �the GRANTEE, will inform the
GRANTEE of any reimbursement due the DEPARTMENT.
20. The GRP.NTEE shall retain all records supporting PROJECT
costs for three (3) years after the fiscal year in which the
final PROJECT payment was released by the DE�ARTMENT or
until final resolution of matters resulting from any
litigation, claim or audit that started prior to the
expiration of the three-year retention period. The
DEPARTMENT, State Auditor General, Stat� Comptroller and
other agencies or entities with jurisdiction shall have the
right to inspect �nd audit the GRANTEE'S records for said
PROJECT within the three-year retention period.
21. The DEPARTMENT'S Contract Manager for the purpose of this
Agreement shal.l be responsible for ensuring performance of
its terms and conditions and shall approve all reimbursernent
requests prior �o paymer�t. The GRANTEE'S I�iaison Agent, as
identified in the PROJECT application, or successor, shall
ac� on behalf af the GRANTEE relative to the provisions of
this Agreement. The GRANTEE'S Liaison Agent, shall submit
to the DEPARTMENT signed PROJECT status reports every ninety
(90) days summarizing the work accomplished, problems
encountered, percentage of completion, az�d other information
which may be requested by tYie DEPARTMENT. P��tographs to
reflect the construction work accomp].�.shed shall be
submitted when the DEPARTMENT requests t�em. Any an.d all
notices shall be delivered to the parties at the following
addresses:
Page 6 of i 1
Grantee
Mr. Art Kader
City of ClearwatPr
P. 0. Box 4748
Clearwater, Florida 33758-9798
Department
A. Diane Langston
Dept. of Environmental Protec�ion
3900 Commonwealth Blvd., MS 585
Tallahassee, Flcrida 32399-3000
22. Prior to final reimbursement, th� GRANTEE must
perrnanent information sign on the PROJECT site
PROJECT funding ar a portion thereoF, from the
D�partment of Environmental Protection and the
Recreation Developrnent Assistance Program.
erect a
which credits
Florida
Florida
23. Tl�e DEPARTMENT has the right to inspect the PROJECT and any
and al]_ records related thereto at any reasonable time.
24. This Agreement may be unilaterall_y canceled by the
DEPARTME;NT in the event the GR.ANTEE refuses to allow public
access to al1 documents, papers, letters or other rnaterials
made or received in conjunction with this Agreement pursuant
to the provisions o.f Chapter 119, Florida Statutes.
25. The DEPARTMENT shall also have the right to demand a refund,
either in whole or in part, of the FRDAP funds provided to
the GR.ANTEE for non-compliance with the material terms of
this Agreernent. The GRANTEE, upon such written notification
fr_om the DEPARTMENT, shall refund, and shall forthwith pay
to the DEPARTMENT, the amount of money demanded by the
DEPARTMENT. Interest on any refund shall be calculated.and
determined pursuant to Section 55.03(1) of the Florida
Statutes. Interest shall be calculated from the date(s) of
payrnent(s) to the GRANTEE by the DEPARTMENT to the date
repayment is made by GRANTEE.
26.
The GRANTEE sha11 comply with all fed�ral, state and local
rules, regulations and or_dinances in acquiring and
developir�g this PROJECT. The GRANTEE acknowledges that
requirement includes compliance with all federal, state
local health and safety rules and regulations including
applicable building codes. The GRANTEE further agrees.
ensure that the GRANTEE'S contract will inclu�le the
requirements of this paragraph in all subcontracts made
perform this Agreement.
Page 7 of 11
this
and
all
to
to
27. Land owned by the GRANTEE, which is developed or acquired
with FRDAP funds, shall be dedicated in perpetuity as an
outdoor recreation site by the GRANTEE for the use and
benef it of the publ.ic as stated in Administrative Rule 62D-
5.059(2). Land under control other than by ownership of the
GRANTEE such as by lease, shd11 bE dedicated as an outdoor
recr�ation area f�r the use and benefit of the general
public for a minimum period of twenty-five (25) years from
the completion date set forth in the PROJECT completion
certificate. All dedications must be recorded in the public
property records by the GRANTEE. Such PROJECT sha].1 be apen
at reasonable times and shall be managed in a safe and
attractive manner appropriate for public use.
28. Failure to comply with the provisions of the RULE or the
terms and conditions of this Agreement will result in
cancellation of the Agreement by the DEPARTMENT. The
DEPARTMENT shall give the GRANTEE in violation of the RULE
or this Agreement a notice in writing of the particular
violations stating a reasonable time to cornply. Failure to
comply within the time period state in the written notice
shall result in cancellation of the Agreement and rnay result
in �he imposition of the terms in Paragraph 25.
29. :Ln the event of conflict in the provisions of the Rule, th�
Agreement and the Project Application, the provisions of the
Rule shall control over this Agreement and this Agreement
shall control over the Project Application documents.
30. Tf the DEPARTMENT determines that site control is not
sufficient under the RUT,E the DEPARTMENT shall give the
applicant a notice in writing and a reasonable time to
comply. If the deficiency cannot be reasonably corrected
within �he time sp�cified in the notice, the DEPARTMENT
shall cancel this AGREEMENT.
31. The State of Florida!s performance and obligatior� to pay
under this Agreement is contingent upon an annual
appropriation by the Florida Legislature.
Page 8 of 11
27. Land owned by the GRANTEE, which is developed or acquired
with FRDAP funds, shall be dedicated in perpetuity as an
outdoor recreation site by the GR�NTEE for the use and
benefit of the public as stated in Administrative Rule 62D-
5.059(2). Land under control other than by ownership of the
GRANTEE such as by lease, shall be dedicated as an outdoor
recreation area for the �ase and benefit of the general
public for a minimum period of twenty-five (25) years trom
the completion date set forth in the PROJECT completion
certific�t�. All dedications must be recorded in the public
property records by the GRI�NTEE. Such PROJECT shall be open
at reasonable times and shall be managed in a safe and
attracLive manner appropriate for public use.
28. Failure to comply with the provisions of the RULE or the.
terms and c�nditions of this Agreement will result in
cancellation of the Agreement by the DEPARTMENT. The
DEPARTMENT shall give the GRANTEE in vi�lation of the RULE
or this Agr.eement a notice in writing of the particular
violations stating a reasonable time to comply. railure to
corngly within the tirne period state in the written notice
shall result in cancellation of the Agreement �nd may result
in the imposition of fihe terms in Paragraph 25.
29. In the event of conflict in the provisions of the Rule, the
Agreement and the Project Application, the provisions of the
Rule shall contral over this Agreern�nt and this Agre�rnent
shall control over the Project Application documents.
30. If the DEPARTMENT determines that site control is not
sufficient under the RUZE the DEPARTM�NT shall give th�
applicant a n�tice in writing and a reasonable time to
comply. If the deficiency cannat b� reasonably corrected
wi�hin the time specified in the notice, the DEP�RTMENT
shall cancel this AGREEMENT.
31. The State of Florida's performance and obligation to pay
under this Agreement is contingent upon a� annual
appropri.ation by the Florida Legi5lature.
Page 8 of ll
remainder of such provision or the remaining provisions of
this Agreement. Any action h�reon ar in connection herewith
shall be brought in Leon County, Florida unless prohibitPd
by law.
38. No delay or failure to exercise any right, power• or remedy
accruing to either party upon breach or default by either
party under this Agreement, shall impair any such right,
power or remedy of either party; nor shall such delay or
failure be construed as a waiver of any such breach or
default, or any similar breach or default ther�after.
39. This Agreement is not intended nor shall it be construed as
granting any rights, privileges or interest in any third
party without mutual written agreement of the parties
hereto.
40. This Agreement is an �xclusive contract and may not be
�ssigned in whole or in part without the written agproval of
the Department.
41. 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 executed by each of the parties hereto, and attach�d to
the original of this Agreement.
THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK
Pag� 10 of 11
�
�
,
�
,
:
i
�
IN WITNESS WHEREOF, the parties hereto have caused these
presents to be duly exECUted on the day and year first above written.
STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
t t W
M +� ± �V � .
By:
Division Director (or Designee)
Division of Recreation and Parks
Address:
Bureau of Design and Recreation Services
Division of Recreation and Parks
3900 Commonwealth Boulevard
Mail Station 585
Tallahassee, Florida 32399-3000
/� � ,
�i__ �� .�!'�� - i� ..:.
' � � r• _ -
Appraved as to Form and Legality:
This form has been pre--approvzd as to
form and legality by Suzanne Brantley,
Assistant Cenexal Counsel, on
June 6, 2001 for use for one year.
DEP.42-058
Revised 05-1�-2001
Pdge 11 of 11
�
CITY OF CLEARWATER
By:
Wil_Liam E. Horne, II
Title:
City Manager
Address:
P. 0. Box 4748
Clearwater, Florida. 33758-
4748
Attest:
Cynthia E. Goudeau
City Clerk
tee Attorn�y
Attachment -1
SPECIAL AUDIT REQLJ�REM�NTS
The adminisvation of funds awarded by the Department of Environmental Protection (wliicli may be referred to as
the "Department", "DEP", "FDEP" or "Grantor", or other �ian3e in the co�ttract/agree»ie�tt) to the recipient (tivhicli
�riay be referred to as the "Contractor", Grantee" or otiier �tante a�i the contract/agreement) may be subject to audits
and/or monitoring by the Department of Environmental Protection, as described in this section.
MONiTORING
In additian to reviews af audits conducted in accordance with OM�3 Circular A-I33, as revised (see "AUDITS"
below), monitoring procedures rnay include, but not be linuted to, on-site visits by Department staff, limited scope
audiis as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this agreement, the
recipient agrees to comply and cooperate with any monitoring procedures/processes deemed a�propriate by the
Depariment of Environmental Protection. In the �vent the Department of Environmental Protection determines that
a limited scope audit of the recipient is appropriate, the recipient agrees to cornply with any additional instructions
provided by the Department to the recipient regarding such audit. The recipient further agrees to comply and
cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Comptroller or Auditor
General.
AUDIT�
PART I: FEDERALLY FUNDED
This part is applicable if the recipien� is a State or locai governrnent ar a non-profit organization as defined in OMB
Circular A-133, as revised.
In the event that the recipient expends $300,000 or n�ore in Federal awazds in its fiscal year, the recipient must
have a single or program-specific audit conducted in accordance with the piovisians of OMB Girculaz A-133, as
revised. EXHTBIT 1 to this agreement indicates FederaI funds a�varded through the Department of
Environmental Protection by this agreement. In determining the Federal awards expended in its fiscal year, itie
recipient sha�l coiisider all sources of Federal awards, including Federat funds received from the Depariment of
Environmentai Proteciion. The determination of arnounts of F�deral awards expended should be in accordance
with the guidelines established by OMB Circular A-133, as revised. An audit of the re�ipient e�nducted by the
Auditor General in accordance with the provisions O.MB Circular A-133, as revised, will meet the requirements
of this part.
2. In connection with the audit req�zirements addressed in Part I, paragraph 1., the recipient shall fulfill the
requirements relative to audi�ee responsibilities as provided in Subpart C of OMB Circular A-133, as revised..
3. If the recipiettt expends Iess than $300,000 in Federal awards in its fiscal year, an audit cenducted in accordance
with the provisions of OMB Circutar A-133, as revised, is nut required. It� the event that the recipient �xpends
less than $30Q,000 in Federal awards in its fiscal year and �Iecis to have an audit conducted in accordance with
ihe provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non-Federal funds
(i.e., the cost of such an audit must be paid from recipient #'unds obtained from other than Federal entities).
4. The reci�ient may access information reg�rding the Catalog of Federal Domestic Assistance (CFDA) via the
internet at htt�://aspe.os.dhhs.�ov/cfda. '
PART II: STATE FUNDED
This pa�rt is applicable if the recipient is a nonstate entity as defined by Seciion 215.97(2}(1), Florida Statutes.
�
1. In the cvent that the recipient expends a total amount of State awards (i.e., State financial assistance provided to
the recipient to carry out a State project) equal to or in excess of $300,000 in ar�y fiscal ycar of such recipient,
the recipient must have a State single or project-specific audit for such fiscal year in accordance with Section
215.97, Florida Statutes; applicable rules of the Executive Office of ihe Governor and the Comptroller, and
Chapter 10.600, Rules of the Auditor General. EXHIBIT 1 to this agreement indicates State funds awarded
through the Departm�nt of Environmental Protection by this agreement. In determining the State a�vards
expended in its fiscal year, the recipient shall consider all sources of State awards, including State funds
received from the Department of Environmental Protection, except that State a�vards received by a nonstate
entity for Federal program matchino requirernents shall be exetuded from consideration.
2. I�n connection witt� the audit requirements addressed in Part II, paragraph 1, the recipient shall ensure that the
audit camplies tivith the requirements of Section 215.97(7}, Florida Statutes. This includes submission of a
reportinc package as defined by Section 215.97(2)(d), Florida Statutes, and Chapter 10.5Q0, Rules of the
Auciitor General.
3. If the recipient expends less than $300,000 in State awards in its fiseal year, an audit conducted in accordance
with the pro��isions of Section 215.97, Flarida Statutes, is not required. In the event that the recipient ex�ends
less than $300,000 in State awards in its fiscal year and eZects to have an audit conducted in accordance with the
provisians of Section 215.97, Florida Statutes, the cost of the audit must be paid from non-State funds (i.e., the
cost of such an audit must be paid from recipient funds obtained fram other than State entities).
4. For information regarding the Florida Singie Audit Act, inciuding the Florida Catalog of State Financial Assistance
(CFSA), a recipient shoutd access the website for the Governor's O�ce Iocated at httt?://sun6.dms.state.fl.us/fsaa/ for
assistance. In addition to the above tivebsite, the following websites may be accessed for information: Legislature's
Website httn://�vw�v.le�.state.fl.us/, Goverrior's Website httn://www.f7QOV.com/, Department of Banking and
Finance's tiVebsite http:!/tivww.dbf.state.fl.us/aadir/FSAAIndex.html, and the Auditor General's Website
http://sun6.dms.state.fl.us/audeen. �
PART III: QTHER AUDIT REQUIREMENTS
(NOTE: Pccrsuant to Section 215.97(7)(m), Florida ,Statc�tes, State agencies may conduct or arrange for audits of
State awards that ure in addition to ac�dits conducteci in accordance witli Sectio�2 215.97, Florida Statutes. In sucli
an event, tiie State agency must arrange for funding tl:e full cost of such additional ar�dits. This part ►vould Ge used
to specify any additio�tal audit requirements i�nposed by the State agency that are solely a matter of that State
agency's policy (i.e., tl:e at�dit is not required by Federal or State laws a�:d is not i�: conflict wit/i other Federal or
State audit requirements).)
YA�2T IV: REP�R7C SU�MISSION
1. Copies of audit reports for audits conducted in accordance with OMB Circular A-133, as revised, and required
by PART I of this agreement shall be submitted, when rcquired by Section .320 (d), OMB Circi�lar A-133, as
revised, by ar on behalf of the recipient directly ta each of the following:
A. The Department of Environmental Fratection at each of the following addresses:
A. Diane Langston �
Florida Department of Environmental Pzoteclion
3900 Commonwealth Blvd.
Mail Station 585
Tatlahassee, Florida 32399
Audit Director
Florida Department of EnvirQntnental Protection
Office of Inspector General
2600 Blair Stone Road, MS40
Tallahassee, Florida 32399-2400
B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies
required by Sections .320 (d)(I) and {2), OMB Circular A-133, as revised, should be submitted to the
Federal Audit Clearinghouse), at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East IOth Sveet
Jeffersonville, IN 47I32
C. Other Federai agencies and pass-through entities in aceordance with Seetions .320 (e) and (�, OMB
Circular A-133, as revised.
2. Pursuant to Section .320(�, OMB Circular A-133, as revised, the recipient shaIl submit a copy of the reporting
package described in Section .320(c), OMB Circular A-133, as revised, and any management letters issued by
the auditor, to the Department of Environmental Protection at each of the following addresses:
A. Diane Langston
Florida Department of Environmental Proteetion
3900 Cammonwealth Blvd.
Mait Station 585
Tallahassee, Florida 32399
Autlit Director
Florida Department of Environmental Protection
Office of Inspector General
2600 B lair Stone Road, MS�O
Ti allahassee, Florida 32399-2400
3. Copies of reporting packages required by PART II of this agreement shall be submitted by or on behalf of the
recipient directly to each of the following:
A. The Department of Environmental Proiection at each of the following addresses:.
A. Diane Langston
Florida Department of �nvironmental Protection
3900 Commonwealth Blvd.
Mail Station 585
Tallahassee, Florida 3�399
Audit Director
Florida Department of Environmencal Proiection
Office of In�pector General
2600 Blair Stone Road, MS40
T�illahassee, Florida 32399-2400
B. The Auditor General's Office at the following address:
State of Florida Auditor General
Room 574, Claude Pepper Building
I1 I �Vest M�dison Street
Tallahassee, Florida 32302-1450
4. Copies of regorts or management letters required by PART III of this agreement shall be submitted by or on
hehalf of che recipient d'uectly to the Departm�ent of EnvironmPntal Protection at each of the following
addresses:
A. Diane Langscon
Florida Department of Environmental Protection
3900 Commonwealth Blvd.
Mail Station S85
Tallahassee; Florida 32399
Audit Director
Florida Department of Environmental Protection
Office of Inspector General
2600 Blair Stone Road, MS40
Tallahassee, Florie�a 32399-2400
5. Any reports, managernent letters, or other information required to be submitted to the Department of
Enyironmental Protection pursuant to this agreement shall be submitted timely in accordance with OMB
Circular A-133, Florida Statutes, and Chapter 10.600, Rules of the Auditor General, as applicable,
6. Recipients, when submitting audit reports to the Department of Environrnental Protection for audits done in
accordance with OMB Circular A-133, Florida Statutes, and Chapter 10.600, Rules of the Auditor General,
should indicate the date that the audit report was delivered to the recipient in conespondence accompanyir.g the
audit report.
PART V: RECORD RETENTION
The recipient shali retain sufficient records deznonstrating its cornpliance with the terms of this agreement for a
period of 3 years from the date the audit report is issued, and shall allow the Department of Environmental
Protection or its desianee, access to such records upon request. The recipient shall ensure that audit working papers
are made available to the Departrnent of Environmental Protection or its designee, upon request for a period of 3
years from the date the audit report is issued, unless extended in wridng by the Department of Environmental
Protection. � � �
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F0334
DEP Contract Number
CSFA Number: 37017
CSFA Title: FRDAP
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
L•'LORI DA RECRE.�T I ON DEVELOPMENT AS S I STANCE PROGR�IM
Project Grant Agreement - Development
This Agreement is made and entered into this day of
, 200w, by and between the State of Florida, DEPARTMENT
ot Environmental Protection, hereinafter called the DEPARTMENT, and
the City of Clearwater, hereinafter called tY�e GRANTEE, in furtherance
of an approved pub.lic outdoor recreation project. In consideration of
the mutual covenants contained herein and pursuant to section 375.075,
Florida Statutes, and chapter 62D-5, Part V, Florida Administrative
Code, the parties hereto agree as follows:
1. This Agreement shall be performed in accordance with section
375.075, Florida Statutes, ar.d chapter 62D-5, Part V,
Florida Administrative Code, hereinafter called the RUZE.
Th� GR.ANTEE shall comply with all provisions of tre RULE
effective August 23, 2000, which is incorporated�into this
Agreement as if fully set forth herein. It i.s the intent of
the DEPARTMENT ancl the GRANTEE that none c�f the provisions
of section 163.01, Florida Statutes, shall have application
to this Agrzement.
2. The DEPARTI�IENT has found that public out�door recreation is
the prirnary purpose of the projec� known as Eddie C. Moore
Softball Complex (Florida Recr_eation Development Assistance
Program, FRDAP Project Number F02334), hereinafter called
t�he PROJE�T, and enters into this Agreement with the GRANTEE
for the developmPnt of that real property, the legal
Page 1 af 11
��
description of which shall be submitted to the DEPARTMENT �s
described in the Florida Recreation D4velopment Assistance
Program Development Project Pre-reimbursement/Commencement
Documentation Form, DEP Form FPS-A034.
3. The GR�INTEE sha11 construct, or cause to be constructed,
certain public outdoor r�creation facilities and
improv�ments consisting of the following PROJECT elements
which may be modified by the DEPARTMENT if GRANTEE shows
good cause: Softball fields, restroom, parking, and
security lightin�, and other related support facilities.
4. The DEPARTMENT shall pay, on a reimbursernent basis, to the
GRANTEE, funds not to exceed $200,000, which will pay the
DEPARTMENT'S share of the cost of the PROJECT. DEPARTMENT
fund limits are based upon the following:
DEPARTMENT Amount $200,000 50%
GRANTEE Match $200,000 50%
Type of Match Cash and/or In-kind Services
5.. The PROJECT reinnbursement request shall include all
documentation required by the DEPARTMENT for a proper pr_e-
audit and post-audit review. Within sixty (60) days after
receipt of the request, the DEPARTMENT'S Contract Manager
shall review the completion docurnentation and payment
request from the GR.ANTEE for the PROJECT. If the
documentation is sufficient and meets the requirements of
the Florida Recreation Development Assistance Program
Completion Documentation Form, DEP Form FPS-A037, referenced
in s. 62D-5.058(6)2(g), the DEPARTMENT will a�pr.ove the
request for payment. �
6. The GR.ANTEE agrees to comply with the Division of
Recreation and Parks' Grant and Cantract Accountability
Procedure, hereinafter called the PROCEDURE and incorporated
into this Agreement b� refer�nce as if fully set forth
herein. All purchases of goods and services for
accornplishment of the PROJECT shall be secured in accordance
with the GR.ANTEE'S adopted procurement proceduxes. Expenses
representing the PROJECT costs, including the required
matching contributiori, shall be reported to the DEPARTMENT
and summarized on certification forms pravi.ded in the
Page 2 of 11
PkOCEDURE. The DEPARTMENT and GRANTEE agree to use the
PROCEDURE guidelines accounting for FRDAP funds disbursed
under the PROJECT. The parties further agree that the
principles for deterrnining the eligible costs, supporting
documentation and minimum reporting requirements of the
PROCEDURE shall be used.
7. Allowable indirect costs shall not exceed 150 of the
GRANTEE`S eligible wages and salaries. Indirect costs that
exceed 15% rnust be approved in advance in writing by the
DEPARTMENT to be considered eligible PROJECT expenses.
8. Pursuant to s. 215.422, Florida Statutes, the Department's
Project Manager shall have five (5j working days, unless
otherwise specified herein, to inspect and a�prove the
payment requests for payment. Th� DEPARTMENT must submit a
request for payment to the Florida DE�ARTMENT of Banking and
Finar�ce within twenty (20) days; and the DEPARTMENT of
Banking and Finance tias fifteen (15 ) days to issue a
warrant. Days are calculated from the date the invoice is
received or the date the services are received, inspected,
and approved, whichever is I.ater. Invoice payment
requirements do not start until a complete and correct
invoice has been r�ceived. Invoices which have to be
rPturned to the GRANTEE for correction(s) will result in a
delay in the payment. A Vendor Ombudsman has been
established within the Florida DLPARTMENT of Banking and
Finance who may be contacted if a contractor is experiencing
problems in obtaining timely payrnent(s) from a State of
Florida agency. The Vendor Ombudsman ma� be contacted at
(850) 410-9724 or (800) 848-3792.
9. In accordance with s. 215.422, Florida Statutes, the
DEPARTMENT shall pay the GRANTEE interesfi at a rate as
established by s. 55.03(1j, Florida Statutes, on the unpaid
balance, if a warrant in payment of an invoice is not issued
within 40 days after receipt of a correct invoice and
receipt, inspection, and approval of the goods and services.
Interest payments of less th�n $1 wi31 not be enforced
unless the GRANTEE requests pa yment. The interest rate
established pursuant to s. 55.03(1), Flori.da St�tutes, by
Comptroller's Memorandum No. 12 (1999-00) dated Decernber 2,
2000, has been set at 11.Oo per annum or .000301�% per day.
The revised interest rate for each calendar year beyond 2000
for which the term of this Agreement is in effect can �e
Page 3 of 11
obtained by calling the DEPARTMEr1T of Banking and rinance,
Vendor Ombudsman at the tPlephone number provided above or
the Department's Contracts Section at 850/922-5942.
"10. It is understood by the parties that the amount of this
Agreemer�t ma� be reduced should the Governor's Budget Offic�
declare a revenue shortfall and assess a mandatory reserve.
Should.a shortfall be declared, the amount of this Agreement
may be reduced by the same percen�tage as the DEPARTMENT is
assessed for the mandatory reserv�.
11. PROJECT funds may be reimbursed for eligible pr�-agreement
expenses (as defined in s. 62D-5. 054 (29) of the RULE)
incurred by GRANTEE prior to execution of this Agreement as
set forth in s.62D-5.055(9) of the RULE. The DEPARTMENT an�l
the GRANTEE fully understand and agree that th�re shall be.
no reimbursement of PROJECT funds by the DEPARTMENT for any
expenditure made prior to the execut�.on of this Agreement
with the exception. of those expenditur�s which rneet the
xequirements of the foregoing sections of the RULE.
12. Prior to commencement of PROJECT development, the GRANTEE
shall submit the documentation required by the Florida
Recreation Development Assistance Program Development
Project Pre-reimbursement/Commencement Documentation Form,
DEP Form FPS-a034, referenced in s. 62D-D. 058 ( 6) ( f) of the
RULE, to the DEPARTMENT upon de�ermining that the
documentation complies with the RULE, the DEPARTMENT will
giv� notice to GRANTEE to commence the development and
approve the request for payment.
13. The Grantee shall obtain all. required local, stai�e and
fed.eral permits and approvals prior to commencement of
project construction and shall certify that it has dane so
to the Department by completing the Permi�tting
Certification, FPS-A034, referenced in s. 62D-5.058(7)(c) of
the Rule.
14. This Agre�ment
GRANTEE shall
on ur before
to twp ( 2 ) one
good cause at
shall become effective upon �xecution and trie
complei:e construction of all PROJECT elements
. The GRAIVTEE may request up
(1) year extensions from the DEPARTMENT for
the written request of the GRAIJTEE and such
Page 4 of 11
�
E
�
r�quest must be made prior to the PROJECT completion date.
Project must be completed within 5 years, or money ma�
revert.
15. Project completion means the project is open and available
for use by the public. Project must be completed prior to
release of final. reimbursement.
16. Any local governmental entity, nonprofit organization, or
for-profit organization that is awarded funds frorn a grants
and aids appropriation by a state agency shall:
If the amour�ts receive� exceed $100,000, have an audit
periormed in accordance with the rules of the Auditor
General pr�mulgated pursuant to s. 11.45, Florida Statutes;
or
If the amounts received exceed $25,000, but do not exceed
$100,U00, have an audit performed in accordance with the
rules of the Auditor General promulgated pursuant to s.
11.45, Florid.a Statutes, or have a statement prepared by an
independent certified public accountant which attests that
the receiving entity or organization has compliet� with the
provisions of this Agreement; or
If the amounts received do not exceed $25,000, have the head
of the entity or_ organization attest, under penalties of
perjury, that the entity or organization has complied with
the provisions of this AgrePment.
17. A copy of the audit or attestation as required in Paragraph
16, shall be submitted to the DEPARTMENT within one (1) year
from the PROJECT completion date as set forth in the PROJECT
completion certificate.
18. In addition to the provisions contained in Paragraph 16
above, the Grantee shall comply with the applicable
provisions coa�tained in Attachment 1. A revised copy of
Attachmen.t 1, Exhibit-1, mus�t be provided to the Grantee
wi�h each amendment which authorizes a funding increase or
decrease. The revised Exhibit-1 shall summarize the funding
sources supporting the �greeme�t for purposes of assisting
the Grantee in complying with the requirements of Attachment
1, If the Grantee fails to receive a revi:sed copy of
Page 5 of 11
Attachmen� 1, Exhibit-1, the Grantee shall notify the
Department's Contracts Administrator at 850/488-7896 to
request a copy of the updated information.
i9. Following receipt of an audit r.eport identifying any
reimbt�rsernent due the DEPARTMENT for the GRANTEE' S non-
compliance with this Agreement, the GRANTEE will be allowed
a maximum of thirty (30) days to submit additional pertinent
doctxmentation to offset th�� amount identified as being due
Following receipt of an audit repor� identifying i:he
DEPARTMENT. The DEPARTMENT, foll,owing a review of the
documentation submittzd by the GRANTEE, will inform the
GRANTEE of any reimbursement due the DEPARTMENT.
20: The GRANTEE shall retain all records supporting PROJECT
costs for three (3j years after the fiscal year in which the
final PROJECT payrnent was released by the DEPARTMENT or
until final resolution of matters resulting from any
liti.gation, claim or audit that started prior to the
expiratio:� of the three-year ret-ention period. The
DEPARTMENT, State Auditor General, State Comptroller and
other agencies or entities with jurisdiction shall have the
right to inspect and audit the GRANTEE'S records for said
PROJECT within the three-year retention period.
21. The DEPARTMENT'S Contract Manager for the purpose of this
Agreement shall b� responsible for ensuring pErformance of
its terms and conditions and shall approve a11 reimbursement
requests prior to payment. The GRANTEE'S Liaison Agent, as
identified in the PROJECT application, or succ�ssor, shall
act on behalf of. the GRANTEE relative to the provisions of
this Agreement. The GRANTEE'S Liaison Agent, shall submit
to the DEPARTMENT signed PROJECT status reports every ninety
( 90 ) days summarizing the worl� a.cc,omplished, problems
encountere�, percenta�e of completion, and other infarmation
whicri may be requested by the DEPARTMENT. Photographs to
reflect the construction work accomplished shall bE
submitted when the DE�ARTMENT requests them. Any and all
notices shall be delivered to the parties at the fol�.owing
adclresses :
Page 6 o f 11
rra.ntee
Mr. Art Kader
City of Clearwater
P. O. Boy 9748
Clearwa�er, Florida 33758-4748
Department
A. Diane Langstcn
Dept. of Environmental Pratection
3900 Commonwealth Blvd., MS 585
Tall�hassee, Florida 32399-3000
22. Prior to final r�imbursement, the GRANTEE must
permarient information sign or� the PROJECT site
PROJECT funding or a portion thereo�, from �the
Department of Environmental Protection and the
Recreation Development Assistance Pr�gram.
erect a
which credi�s
Florida
Florida
23. The DEPARTMENT has the right to inspect the PROJECT and any
and all records related thereto at any reasonable time.
24. This Agreement may be unilaterally canceled by the
DEPARTMENT in the event the GRANTEE refuses to allow public
access to all documents, papers, letters or other mate�ials
made or received in conjunction with this Agreement pursuant
to the provisions of Chapter 119, Florida Statutes.
25. The DEPARTMENT shall also have the right to demand a refund,
either in whole or in part, of the FRDAP funds pro�ided to
the GRANTEE for non-compliance with the material terms of
this Agreement. The GRANTEE, upon such wri�ten notification
from the DEPARTMENT, shall refund, and shall forthwith pay
to the DEPARTMENT, the amount of rnoney demanded by the
DEPARTM�NT. Inter�st on any refund shdll be calculated and
determined pursuant to Section 55.03(1) of the Florida
S�tatutes. Interest shall be calculated from the date(s) of
payment(s) to the GRANTEE by the DEP.ARTMENT to the date
repayment is made by GRANTEE.
2 6. The GRAI�TEE shail comply with all federal, state and lacal
rules, regulations and ordinances in acquiring and
developing this F'ROJECT. Z'he GRANTEE acknowledge� �ha�
requirement includes compliance with al1 federal, state
local health and safety rules and regulations including
applicable bui�ding c�odes. The GRANTEF further agrees
ensure that the GRANTEE'S contract will include the
requirements of this paragraph in all subcontracts mac�e
perfo�rm this Agreement.
Page 7 of 1Z
this
and
all
to
tU
�
27. Land owned by the GRANTEE, which is developed or acquired
with FRDAP funds, shall be dedicated in perpetuity as an
outdoor recreation site by th� GRANTEE for the us� and
benefit of the public as stated in Administrative Rule 62D-
5.059(2). Zand under control other than by ownership of the
GRANTEE such as by lease, shall be dedicated as an outdoor
recreation area for the use anci benefit of the general
public for a minimum periad of twenty-five (25) years from
the completion date set forth in the PROJECT completion
certificate. All dedications must be recorded in the pt�blic
property records by the GR.A.NTEE. Such PROJECT shall }�e open
at reasonable times and shall be managed in a safe and
attractive manner appropriate for public use.
28. Failure to comply with the provisions of the RULE or the
terms and conditions of this Agreement will result in
cancellation of the Agreement by the DEPARTMENT. The
DEPARTMENT shall give the GRANTEE in violation of the RULE
or this Agreement a notice in writing of the particular
violations stating a reasonable time to comply. Faiiure to
comply with.in the time period state in the written notice
shall result in cancellation of the Agreement and may result
in the imposition of the terms in Paragraph 25.
29. In the event of conflict in the provisions of the Rule, the
Agreement and the Project Application, the provisions of the
Rule shall contr4l aver this Agreement and this Agreement
shall control over the Project �pplication documents.
30. If the DEPARTMFNT determines that site control is not
� sufficient under the RULE the DEPARTMENT shall give the
applicant a notice in writing and a reasonable time to
comply. If the deficiency cannot be reasonably corrected
within the time specified in the notice, the DEPARTMENT
shall cancel this �1GREEMENT.
31. The State of Florida's performance and obligation to pay
under_ this figreement is contingent upon an annual
a�propriation by the F�orida Legislature.
Page 8 of 11
n
32. This Agreement strictly prohibits the expenditure of FRDAP
funds for the purpose of lobbying the Florida Legislature,
the judicial branch, or a state agency.
33. No person on the grounds of race, creed, color, national
origin, age, sex, marital status or ability leve.l, shall be
excluded from participation in; be denied the proceeds or
benefi.ts of; or be otherwise subjected to discrimination in
perforrnance of this Agreement.
34. Each party hereto agrees that it shall be solely responsible
for the 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 s.
768.28, Florida Statutes.
� 35. The employment of unauthorizzd aliens by any GRANTEE is
consid�red a violation of s. 274A(e) of the Immigration and
Nationality Act. If the GRA.NTEE knowingly employs
unauthorized aliens, such violation shall be cause for
unilateral cancellation of this Agreement. The GRANTEE
shall be r�sponsible for including this provision in all
subcontracts with private organizations made to perform this
Agreement.
36. A person or affiliate who has been placed on the canvicted
vendor lisfi fol?_owing a conviction for public entity crime
may not perform work as a grantee, contractor, suppli�r,
subcontractor, or consultant under a contract with any
public entity, and may not transact busineJs with any public
entity in excess of the threshold amount provided in s.
2$7.017, Florida Statutes, or Category Two, for a peri�d of
36 months from the da�e of being placed on the convictpd
�endor list.
37. The Agreement has been delivered in the State o.f Florida and
shall be construed in accordance with the laws of Florida.
Wherever possible, each provision of this Agreemer�t shall be
i interprei�ed in such manner as to be effec.t�.ve and valid
� under applicable law, but if any provision oi this Agreement
� shall be prohibited or invalid under applirable law, such
• provision shall be ineffective to the extent of such
prohibition or invalidity, wi.�thout invalidating the
Page 9 of 11
.
TN WITNESS WHEREOF, the parties hereto have caused these
presents to be duly executed on the day and year first above written.
STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
� �� �
By:
Division Director (or Designee)
Division of Recreation and Parks
Address:
Bureau.of Design and Recreation Services
Division of Recreation and Parks.
3900 Commonwealth Boulevard
Mai1 Station 585
Tallahassee, Florida 32399-3000
�
DEP Contract M�.�Ca'c�er
ApprQVed as to Form and Legality:
This form has be�n pre-approved as to
torm and leg�lity by Suzanne Brantley,
Assistant General Counsel, on
June 6, 2001 for use for one year.
DEP 42-058
Revis�d 05-18-2001
Page 11 of 11
CITY OF CLEARWATER
By:
William B. Horne, II
'I'itle :
City Manager
Address:
P. 0. Box 4748
Clearwater, Florida 33758-
4748
Attest:
Cynthia E. Goudeau �
City Clerk
�
. ���
Gr ee Attorney
Attact2ment -1
SPECIAL AUDIT REQUIREMENTS
The administration of funds awarded by the Department of Envirorimental Protection (tivhich may be referred to as
tl:e "Departrnent", "DEP'; "FDEP" or "Grantor'; or otlier name in llie contract/agreement) to the recipient (which
»ray be referrect to as the "Contractor", Grantee" or other name in the contracu'agreerne�it) may be subject to audits
and/or monitoring by the Department of Environmental Protection, as described in thi� section.
MOrTITORING
Tn addition to reviews of audits conducted in accordance with �MB Circular A-133, as revised (see "AUDITS"
below), monitoring procedures may include, but not be liir.ited to, on-site visits by Department staff, limited scope
audifs as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this agreement, the
recipi�ent agrees to comply and cooperate �;�ith any monitorinb procedures/processes deemed appropriate by the
Department of Environmental Pratection. In the event the Department of Environmental Proteciion determines that
a lirnited scope audi[ of the recipient is appropriate, the recipient agrees to comply with any additiona] insiruciions
provided by the Department to the recipient regarding sach audit. The recipient fi�rther agrees to comply and
cooperate with any inspections, revie�vs, invesiigations, or audits deemed necessary by the Comptroller or Auditor
General.
AUDITS
PA�tT I: FEDER.ALLY TiJNDED
This part is applicable if the recipient is a State or local govemment or a non-profit organization as de�ned in OMB
Circular A-133, as revised. �
1. In the event tha[ the recipient expends $300,000 or more in Federal awards in its fiscal year, the recipient must
have a single or prograrn-specifie audit cunducted in accordance with the p'rovisians of OM�3.Circular A-133, as
revised. EXHIBIT 1 to this agreement indicates Federal funds awarded through the Department of
Environrnenta] Protection by this agre�ment. In determining the Federal awards expended in its fiscal year, the
recipient shall consider ail sources of Federal awards, including Federal funds received from the Department of
Environrnental Protection. The determination of amounis of �ederal awards expended should be in accordance
with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the
Auditor General in accordance with the provisions OMB Circular A-I33, as revised, will meet the requirements
of this part.
2. In �onnection with the audit requrrements addressed in Part I, paragraph 1,, the recipient shall fulfill the
requirements reiative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised.
3. If the reeipient expends less than $300,000 in Federal awards in its fiscal year, an audit conducted in accordance
with the provisions of OMB Circular A-133, as revised, is not required. In the event that the recipicnt expends
l�ss than $300,00� in Federal awards in its fiscal year and elects to have an aadit conducted in acc�rdance with
the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non-Federat funds
(i.e., the cost of such an audit musc be paid from recipient funds obtained �fr�m other than Federal entities).
4. The recipient may access informatiqn regarding th� Catalog of Federal Domestic Assistance (CNDA) via the
internet at http://as�e.os.dhhs. ov/cfda. '
PART II: 5TA1'E FUNDED
This part is applicable if the recipient is a nanstate entity as defined by Section 215.97(2 j(1), Florida Statutes. .
In ihe event that the recipient expends a total amount of State awards (i.e., State financial assistance provided to
the recipient to carry out a State project) equal to or in excess of �300,000 in any fiscal year of such recipient,
the recipient must have a State single or project-specific audit for such iiscal year in accordance with Section
215.97, Florida Statutes; applicable rules of the Executive Office af the Governor and the Comptroller, and
Chapter 10.600, Rules of the Auditor General. EXHIBIT 1 to this agreement indicates State funds awarded
tnrou�h the De�artment of Environrnental Protection by this agreement. In determining the State awards
expended in its fiscal year, the recipient shalI consider aIl sources of State awards, including State funds
received from the Department of Environmentat Protection, except that State a�vards received by a nonstate
entity for Fed�ral grograrn matching requirements shall be exciuded fi•om consideration.
2. In connection with the audit requirements addressed in Part II, paragraph 1, th� recipient shall ensure that the
audit complies with the requirements of Section 215.97(7), Fl�rida Statutes. This includes submission of a
reporting package as defined by Seetion 215.97(2)(d), Florida Statutes, and Chapter 10.600, Rules of the
Auditor General.
3. If the recipient expends Iess than $300,000 in State awards in its fiscat year, an audit conducted in accordance
with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipien[ expends
less than $30d,000 in State awards ir� its fiscaI year 1nd elects to have an audit conducted in accardance with the
provisions of Section 215.97, Florida Statutes, the cost of the audit rnust be paid from non-State funds (i.e., the
cost of such an audic must be paid frorn recipient funds obtained from other than State entities).
4. For information regarding the Florida Single Audit Act, including the F7orida Catalog of State Financial Assistance
(CFSA), a re�ipient should access the �vebsite for the Governor's Office located at htfi://sun6.dms.state.fl.us/fsaa/ for
assistance. In additi�n to the above website, the following websites may be accessed for information: Legislature's
`Vebsite httn:/hvww�.leQState.fl.us/, Govemor's Website httn://www.fl�ov.com/, Departrnent of Banking anci
Finance's Website http://www.dbf.stnte.fl.us/aadir/FSA�IIndex.htmi, and the Auditor General's Website
httt�://sun6.dms.state.fl.us/aud een.
PART III: 01'HER AUDIT REQUI12Eib1ENTS
(NOTE: Pursc�ant to Sectio�i 215.97(7)(m), Florida Sratutes, State agencies may conduct or arrange for audits nf
Stc�te awards that are in addition tn audits condtceted i►i accordance with Section 215.97, Florida Statutes. In such
an eve�zt, the State ugency mrest arrar.ge far fi�nding tlie full cost of sucii additional audits. This pan would be used
to specify any additional audit reguirements imposed by tiie State agency that are solely a matter of that State
agency's policy (i.e., tlie utidit is not required by Federat or State larUS a�id is �iot in conflict wrth other Federal or
State audit requirem.ents).)
PART IV: REPURT SUBMISSION
1. Copies of audit reports for audits conducted in accordance with OMB Circular A-133, as revised, and required
by PART I of this agreement shall be submitted, when required by Section .320 (d), OMB Circular A-133, as
revised, by or on behalf of thP recipient directly to each of the following:
A. The Department of Environmental Protection at each of the following addresses:
A. Diane Langston
Florida Departrnent of Environmental �rotection
39Q0 Commonwealth Blvd.
Mail Siation 585
Tallahassee, Florida 32399
Audit Director
Florida Depaztment af Environmental Protectian
Office of Inspector General �
2600 Blair Stone Road, MS4�
TaIlahassee, Florida 32399-2400
m
B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies
required by Sections .320 (d)( I) and (2), OMB Circutar A-133, as revised, should be submitted to tlle
Federal Audit Clearinghouse), at the follo�ving address:
Federal Audit CIearinghouse
Bureau of the Census
I20I East lOth Street
Jeffersonvillc, IN 47132
C. Oihe� Federal agencies and pass-through entities in accordance with Sections .320 (e) and (�, OMB
Circular A-133, as revised.
2. Pursuant to Section .320(�, OMB Circular A-133, as revised, the reci�ient shall submit a copy of the reporting
package described in Section .320(c), OMB Circular A-133, as revised, and any management letters issued by
the auditor, to the Department of Environmental Protection at each of the follo�ving addresses:
A. Diane Langston
Florida Department of Environmentat Protection
3900 Commonwealth Blvd. .
Mail Station 585
TaIlahassee, Florida 32399
Audit Director
Florida Department of Environmental Protection
Office of Inspector General
2600 Blair Stone Road, MS40
Tallahassee, Florida 32399-2400
3. Copies of reporting packages required by PART II of this agreemeni shall be submitted by or on behalf of the
recipient directly to each of the folIowirig: �
A. Ti�e Department of Environmental Frotection at each of the following addresses:
A. Diane Langston
Florida Department of Environmental Protection
3900 Commonwealth Bivd.
Maii Station 585
Tallaha�ssee, Florida 32399
Audit Director
Florida Department of Environmental Protection
Office of Inspector General
2600 Blair Stone Road, MS40
Tatlahassee, Florida 32399-24Q0
B. The Auditor General's Of�ce at the following address:
State af Florida �uditor General
Roorn 574, Claude Pepper Building
111 ��'est Madison Str..et
Tallahassee, Florida 32302-1450
4. Copies of reports or management letters i�equired by PART III of this agreement shall be submitted by or on
behalf of the rccipient directly to the L�epartment of E�vironmen�al Protection at each of the foliowing
addresses:
,
A. Diane Lanastan
Florida Department of Environmental Protection
3900 Comrnonwealth Blvd.
Mail Station 58�
Tallahassee, Florida 32399
Audit Director
FIorida Department of Environmental Protection
Office of InspECtor General
2600 Blair Stone Road, MS40
Tallahassee, Florida 32399-2400
5. Any reports, management letters, or other information required to be submitted to the Department of
Environmentat Protection pursuant to this ao eement shall be submitied timely in accordance with OMB
Circular A-133, Florida Statutes, and Chapter 10.600, Rules of the Auditor General, as applicable.
6. Recipi�nts, when submitting audit reports to the Department of Environmental Protection for audits done in
accordance with �NiB Circular A-133, Florida Statutes, and Chapter 10.600, Rules of the Auditor General,
should indicate the date that the audit report was delivered to the recipient in correspondence accompanying the
audit report.
PART V: RECORD RETENTION
The recipient shall retain sufficient records demonstrating its compliance with the terms of this agreement for a
period �of 3 years from the date the audit report is issued, and shall allow the Department of Environmental
Protection or its designee, access to such records upon request. The recipient shall ensure that audit working papers
are rnade available to the Department of Environmental Protection or its designee, upon request for a period of 3
years tom the date the audit report is issued, unless extended in writing by the Department of Environmenta(
Protection. � �
�
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Earl Barrett
Engineering Dept.
City of Clearwater
P. O. Box 4748
Clearwater, FI. 33758-4748
QUIT-C�.A�M DEED
'YHIS QUIT CLAIM DEED, Executed this � ciay of �, 2�01, by the
%��
Nlo�on Plant Hospita! Association, Inc., a Fiorida Corporatior�
whose pos� office address is 1Z33 South Fort Harrison Avenue, Clearwater, Florida
33756, first party, to
City of Clearwa#e�, Florocfa, a�larida Municipal Corpo�atio�
whose past affice address is 11Z South Osceola Avenue, Clearwater, Florida 33756,
second party:
(Wherever used herein the terms "first party" and "second party" shal! include singular and plural, heirs, legal representatives, and asslgns of
indiv(duals, and successors and assigns of corporations, whatever the context so admits or requfres.)
NVTTN�SSE'i'f�, That the said first party, for and in consider•ation of the sum of $10.00
in hand paid by the said second party, the receipt whereof is hereby acknowledged,
�does hereby remise, release and quit-claim for right-of way purposes unto the said
second party forever, all the right, title, interest, claim and demand which the said first
party has in and t� the following described lot, piece or parcel of land, situate, lying and
being in the County of Pinellas, State of Florida, to wit:
The east�rly eight�en fee� (1�`) ofi' that forty-foat (40') right-of-
wa�r for Sadler �treet �ying between Lot 19 �r�d �.ot �0, lSLUFF
VIE44fill CO�1Rl', as recoreled in Plat BQOk 1, Page 6� �f the Pu�bli�c
R��ortls of i�inellas Cour��y, Floridar th� sam� having been
vacated by �Bty �f Cle�rv�ater Ordinance Noo fa552-00 passed and
� atlopt�cf on August �,0 20�DC� (see EXbiIBI'T "A" att�ch�d).
T� HAVIE AIWD TO �10l.D the same together will al) and singular the appurtenances
thereunto belonging or in anywise apperta�ning, and all the estate, right, title, interest,
lien� equity and claim whatsoever of the said fir�t party, either in law or equity, to the
only proper us�, benefit and behoof of the said sec�nd party forever.
IN WITNESS 1NHEREOF, Morton Piant Hospital Association, Inc. has caused these
presents to be executed in its name by its proper officer(s) thereunto duly au�horized,
and its corporate seal to be hereunto a�fixed the day and year first above written.
Signed, sealed and delivered
in the r�ser�ce of:
`��'G��l�' L�;��y'1,t1�/
i
WITNESS signature
I ,
� c1... � �-,- �;�,�1 c�/
Print WITNESS name
� ���
VI/ NESS sig ture
pCt�-r ice �i. 1� a( ct n
Print V1/ITN ESS name
5'TA7'E OF FLORIDA
: ss
COUI'+1'Tl( OF PIlVELLA� :
i
N40RTON PLANT HO�PITA,L
associ�-�a�, ���co��oRar��
BEFORE h9E personally appeared Phillip K. Beauchamp, as President of MORTON P1.�1NT
HOSPITAL ASS4CIATION, INC., who executed the foregoing ins�rumer�t and
acknowledged before me that he is duly authorized and die execu�te the same on behalf
of said cor oration as his free act and deed for the uses and purposes herein set forth.
He is [�ersanally known io me or [] produced
as identification.
,
WITNE�S my hand �nd official seal this __�.(�._ day of . , Z001.
�1 { _ .'�"" �,.. r �1 _ � _ �
�s��ri!ii�:�rr� - • s�. - —
• . • � �
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(stamp)
=��'���P�y'�; Patrice 7o Nolan
:R ( ' := h1Y COMMISSION # CC184718 EXPIRES
'� S�� ��: �anuary 26, 1003
'��' i�i iy�� BOkDED THRU iROY FAIN INSURANC�, ING
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' STATE OF FLORIOA DEPARTMEN7 OF TRANSPORTATION
PUBLIC TRANSPOC�TATION
SUPPLEMENTAL JOINT PARTICIPATION �GREEMENT
FlNANCIAL PROJECT NO.:
40297919401
Contract No.: AE263
Number 4
Fund: 010
Function: 637
Federal No.: n/a
Catalog of Federa( Dornestic Assistance Number: n/a
FORM 725-03407
PUBLIC TRANSP AOMIN • 07/d0
Page t o( 4
FLA1R Approp.: 088719
FLAIR Obj.: 750004
Org. Ct�de: 55072020i28
Vendo� No.: f5960002890U2
Catalog of State Financia( Assistance Nurnber: 55004
THiS AGREEt�1ENT, rnade and entered into this _ day of
n
by and between the STATE OF FLORiDA DEPARTMENT OF TRANSPORTATIGN, an agency of the State of Florida,
hereinaft�r referred to as the Department, and
P.O. Box 4748, Clearwater, FL 33758-4748
hereinafter referred tQ as Agency.
Citv of Clearwater
WITNESSETH:
WFiE�EAS, the Department and the Agency heretofore on the 5th of May , 1997 ,
entered into a Joint Pariicipation Agreement; and
WHEREAS, th� Agency desires to accomplish certain project items as outlined in the Attachment "A" appended
h�reto; and
WHEREAS, the Department desires io participate in all eligible items for this project as outiined in Attachment
"A" for a total Departrnent Share of 520�,964.00
NOW, THEREFORE THIS INDENTURE WITNESSETH: that for and in consideration of the mutual benefits tu flow
from each to the other, the parties hereto agree that the above described Joint Participation Agreement is to be amended
and supplemented as fol(ows:
1.00 Project Descripti�n: The project description is amended
This 5upplemental Agreement adds Storrnwater Management Plan to the project description.
0
EXHIBIT A
� ..
�
2.00 Project Cost:
FORM725-030-07
PUBLIC TRANSP ADMIN • 07I00
Pape 2 of 4
Paragraph 3.00 of said Agreement is increased by � 100,000.00
bringing the revised total cost of the project to S 274,464.00 .
Paragraph 4.00 of said Agreement is increased by $ 100,000.00
bringing the Department's revised total cost of the project to S 209,964.00 .
3.00 Amended Exhibits:
Exhibit(s) B
of said Agreement is amended by Attachment "A".
4.00 Contract Time:
Paragraph 18.00 of said Agreement is arnended Not Applicable .
FORM 725-030-07
PUBUC TRANSP AOMIN - 07l00
Pa9e 3 of 4
Financia( Project No. 40297919401
Contract No. AE263
Agreement Date
Except as hereby modified, amended or changed, ail other terms of said Agreement dated May 5th, 1997
and any subsequent supplements shai! remain in fuli force and effect.
IN WITNESS WHER�OF, the parties hereto have caused th�se presents be executed, the day and year first
above written.
AGENCY
City of Clearwater
NAME
William B. Horne II
" City Mana�er
TiTLE
ATTEST:
Cynthia E. Goudeau, City C1erk
Countersigned:
Brian J. Aungst, t4ayor-Commissioner
Approved as to form:
John C. Carassas, Assistant City Attorney
DATE FUNDING APPROVED BY COMPTROLLER
(SEE ATTACHE(] ENCI�MBRANCE FORM)
LEGAL REVIEW
DEPARTMENT OF TRANSPORT TlON
DEPARTMENT OF TRANSPORTATION
�` � ���� I2onald J S6+elton, P.E.,
District Director of PlanniR� and Production
TITLE
>e
FORM 725-030-07
PUBIIC TRlWSP ADMIN - 07/00
Pape 4 ot 4
Financial Project No. 40297919401
Contract No. AE263
Agreement Date
ATTACHMENT "A"
SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT
This Attachment forms an integral part of that certain Supplemental Joint Participation Agreement between
of Florida, Department of Transportation and City of Ciearwater
P.O. Bax 4748, Clearwater, FL 33758-4748
dated .
DESCRIPTiON OF SUPPLEMENT (Include �ustification for cost change):
T�e total project cost is bein� increased as a resuit of the Department's funding over multi-years. Stormwater
Management Plan is being added to the project socpe.
I. Project Cost:
Total Project Cost
!I. Fund Participation:
Department:
agency;
Other.
Tota! Project Cost
As Approved
5174,464.00
5174,464.00
As Approved
$109,964.00
$64,500.04
As Amended Net Change
$274,464.00 $100,0OO.OQ
$274,464.00 $100,OQ0.00
As Amended
$209,964.00
$64,500.00
Net Change
$'100,000.00
$0.00
�1 i4,464.00 $274,464.00 $9 a0�000.00
Comments:
The Department may partfcipate in up to eighty percent of the non-federal share of this project as provided by Florida
Statutes 33Z.007 (6)
FINANCIAL PROJECT NO.:
40297919401
Contract No.: AF_263
STATE OF FLORIDA DEPAFiTMENT OF TRANSPORTA710N
PUBLtC TRANSPORTATION
SUPPLEMENTAL JOINT PARTICIPATION AGREEME�IT
Number 4
Fund: Q10
Function: 637
Federal No.: n/a
Ca;aing of Federal Domestic Assistance Number: n/a
FORM 725�030-07
PUBLIC TFLW SP ADMi�� • 07/00
PaQe 1 of 4
FLAIR Approp.: 088719
FLAIR Obj.: 750004
Org. Code: 55072020728
Vendor No.: f596000289002
Cata(og of Sfate Financial Assistance Number: 55004
THIS AGREEMENT, made and entered into this day of
,
by and betwe�n the STATE O� FLORIDA DEPARTMENT OF TRAf�SPORTATION, an agency of the State of Florida,
hereinafter referred to as the Department, and CitLr of Clearwater
P.O. Box �748, Clearwater, FL 33758-4748
hereinafter referred to as Agency.
WITNESSETH:
WHEREAS, the Department and the Agency heretofore on the 5th
ent�red into a Joint Participation Agreement; and
of May , 1997
WH�REAS, the Agency desires to accomplish certain project items as outlined in the Attachment "A" appended
hereto; and
WHEREAS, tF�e Department dESires to participate in all eligible items fior this project as outlined in Attachment
"A" for a total Department Share of �209,964.00
,
iVOW, THEREFORE THIS INDENTURE WtTNESSETH: that for and in consideration of the mutual benefits ta flow
from �each to the other, the parties hereto agree that the above descri�ed Joint Participation Agreement is to be amended
and supplemented as �ollows:
1.00 Project Description:. The project description is amended
This Supplemental Agreement a�ds Stormwater fVlanagement Plan to the project descri�tion.
EXHIi3IT A
��
2.00 Pr�ject Cost:
Paragraph 3.00 of said Agreemer�t is increased by $ 100,000.00
bringing the revised totai cost of the project to S 274,464.00 .
Paragraph 4.00 of said Agreement is increased by $ 100,000.00
bringing the Department's revised total cost of the project to � 209,964.00
3.Q0 Amended Exhibit�:
FORM 725-030-07
PUBLIC TRANSP AOMIN • 07/00
Pape 2 of 4
0
Exhibit(s) B of said Agreement is amended by AttachmPnt "A".
4.00 Contract Time:
0
Paragraph °i 8.00 of said Agreement is amended Not Applicable .
.= "
FORM 725-030-07
PUBLIC TRANSP ApMIN • 07100
Pofle 3 0/4
Financial Project No. 40297919401
Contract No. AE263
Agreement Date __ _
Except as hereby madified, amended o� changed, all other terms of said Agreement daked May 5th, 1997
and any subsequent supplements shal! remain in full force and effect.
IN Wii"NESS WHEREOF, the parties hereto have caused these presents be executed, the day and year frst
above written.
AGENCY
City o€ Clearwater
NAME
William B. Horne LI
' CitY Mana�er
TITLE
ATTEST:
Cynthia E, Goudeau, City Clerk
Countersigned:
�rian J. Aungst, Mayor-Commissioner
Approved as to ferm:
Jo�n C. Carassas, Asszstant City Attorney
DATE FUNDING APpF;OVED BY COMPTROILER
(SEE ATTACHED ENCUMBRANCE FORM)
LEGP,L REVIEW
DEPARTMENT OF TRANSPORT TtON
DEPARTMENT OF TRANSPORTATION
�� � Donald J Ske[ton, P.E.,
.__ _ District Directar of Plannin� and Production
TlTLE
� s
,�
FORM 725•03a-07
PUBLIC TRANSP ADMIN - 07100
Papa 4 af 4
�inancial Project No. 40297919401
Contract No. AE263
Agreement Date
ATTACHMENT "A"
SUPPLEMENTAL JOINT PART(CIPATION AGREEMENT
This Attachment forms an integral part nf that certain Supplem�nta! Joint Participation Agreement between
of Florida, Department of Transportation and City of Clearwater
P.O. Box 4"T4�, Clearwater, FL 33758-4748
dated
DESCRIPTION OF SUPPLEMEfVT (inc(ude justification for cost change): �
The total project cost is being increased as a result of the Department's funding over multi-years. Stormwater
Management Plan is being added to the project socpe.
I. Project Cost:
Total Project Cost
11. F�nd Participation:
Department:
Agency:
Other:
Total Project Cost
As Approved
$174,464.00
$174,464.00
As Approved
�109,964.00
$64,500.00
As Ar�ended Net Change
$274,464.00 $100,000.00
$274,464.Q0 $100,0OO.OQ
As Amended
$209,964.00
�64, 500.00
Net Change
$100,Q00.00
$0.00
$174,464.Q4 $274,464.00 �1 Q0,0�0.�0
Cornments:
T"he Department rraay participate in up to eighty percent of the non-federal share of this project as provided by Florida
�tatutes 33�.007 (6)
�
,o
� R �--
! �INANCIAL PROJECT NO.:
40300619401
Contract No.: A1076
STATE OF FlOR10A DEPARTMENT OF TRANSPORTATION
PUBLtC TRANSPORTATiON
�UPPIEMENTAL JOINT PARTICIPAT�ON AGREEMENT
Number 1
Fund: 010
Funciion: 637
Federal No.: nla
Catalog of Federal Domestic Assistance Number: n/a
FORM 725-C30-07
PU�IIC TRANSP ADhfIN -07/00
Pafle 1 of 4
FLAIR Approp.: 088719
FLAIR Obj.: 750004 `
Org. Code: 55072020728
Vendor No.: f596000289002
Cataiog of State Financial Assistance Nurnber: 55004
THiS AGREEMENT, made and entered into this day of
�
by and between the STATE OF FLORIDA DEPARTMENT OF TRr1NSPORTATION, an agency of the State of Florida,
hereinaft�r referr�d to as the Department, and City of Clearwater
P.O. Box 4748, Clearwater, FL 33758-4748
hereinafter referred #o as Agency.
WITNESSETH:
WHEREAS, the Departrnent and the Agency heretofore on the 21 st
entered into a Joint Participation Agreement; and
of June
, 2000
WHEREAS, the Agency desires to accornplish certain project items as outlined in the Attachment "A". appended
hereto; and
V1IHEREAS, the Department desires to participate irt all eligible items for this proj�ct as outlined in Attachment
"A" for a totaf Departrnent Share of �550,0OO.OQ
0
NOlhl, THEREFC)RE Ti�IS 1NDENTURE WITNESS�TH: that for and in consideratinn of the mutual benefits ta flow
from each t� the ather, the parties hereto agree that the above described Joint Participation Agre�ment is to be amended
and suppiernented as follows:
1.00 Project Description: The project description is amended
This Supplementa! Agr�ement does not change the project description.
ExxxszT A
2.00 Project Cost:
Paragraph 3.00 of said Agreement is increased by � 250,000.00
bringing the revised total cost of the project to � 850,000.00 .
Paragraph 4.00 of said Agreement is increased by � 250,000.00
bringing the Departrnent's revised total cost of the project to $ 550,000.00
3.00 Amended Exhibits:
Exhibit(s) B
4,00 Contract Time:
0
FORM 725-0�0-07
PUBLIC TRANSP ADMIN - 07/00
Pege 2 of 4
of said Agreement is arnended by Attachrnent "A".
Paragraph 18.00 of said Agreement is arnended Not Applicable .
�
FORM 725-030-07
PUBLtC TRANSP AOMIN - 07/00
Pape 3 0} 4
Financial Project No.
Contract No. A1076
Agreement Date _
40300619401
Except as hereby modified, amended or changed, ali other terms of said Agreement dated June 21 st, 200p
and any subsequent supplements shal! remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first
above written.
AGENCY
City of Clearwater
N�4ME
William B. Horne II
.City Mana�er
TiTLE
ATT�ST:
Cynthia E. Goudeau, City Clerk
Countersigned:
Brian J. Aungst, Mayor-Commissianer
Approved as ta form:
John C. Carassas, �ssistant City �ttorney
DATE FUNDING APPROVED BY COMPTROLLER
(SEE ATTACHED ENCUMBRANCE F4RM)
��
LEGAI. REVIEW
DEPARTMENT OF TRANSP�RT TION
DEPARTMENT OF TRANSPORTATION
Don31d J Skelton, P.E.,
District Dir�ctor oCPl;annin� and Pcoduction
TITLE
,�
fORM 725-030-07
PUBLIC TRANSP ADMIN • 07100
Pefle a ot a
Financial Prvj�ct No. 40300619401
C�ntract No. A1076
Agreement Date
ATTACHMEyT "A"
SUPPLEMENTAL JOIN7 PARTIC(PAT(ON AGREEMENT
This Attachme�t forms an integra( part of that certain Supplemental Joint Participatian Agreement between
of Florida, Department af Transportation and City of Clearwater
P.q. Box 474�, Clearwater, FL 33"158-4748
dated ,
DESCRIPTION OF SUPPLEMENT (Include justification for cost change):
The total project cost is heing increased as a result of the Department's funding aver multi-years.
1. Project Cost:
Total Project Cost
t(, Fund Participation:
� Department:
Agency:
Other.
Tot�i Project Cost
Comments:
A� Approved
$600,000.00
$600,400.Q0
e4s A�proved
$300,OOQ.00
$300,OOO.QO
, $soo,000.oa
As Amended Net Change
$850,000.00 $250,000.00
$85Q,000.00 $25Q,000.00
As Amended
$550,000.00
$3Q0,000.00
Net Change
$25Q,OOQ.00
�0.00
$85Q,000.00 $250,OQ4.00
The Department may participate in up to Eighty percent of the non-federal share of this project as pr4vided by Florida
Statutes 332.007 (6)
0
�
FINAN�IAL PROJECT NO.:
40300619401
Contract No.: A1076
5� AiE OF F�OR10� DEPAFt �`•1ENT pF TRANSPORTATION
PUBLIC TRANSPORTATION
SUPPLEMENTAL JOINT PARTICIPf�TION AGREEMENT
Nurnber 1
Fund: 0�0
Funciian; E37
Federal No.: nla
Catalog of Fede�ai Dom�stic Assistance Number: n!a
FCFiM ':S-0JO-0i
i'UBLIC 7R.�NSP AOtifIN .Q,-;pq
Pa9v 1 of 4
FLAIR Approp.: 088719
FLAIR Obj.: 750004
Org. Code: 55072020728
Vendor No.: f596000289002
Catalog of State Financial Assistance Number: 55004
THIS AGREEMENT, maae and entered into this day of
,
by and between the STATE OF FLORIDA OEPARTMENT OF TRANSPORTATION, an agency of the State of Florida,
hereinafter referred to as the Department, and City of Clearwater
P.O. Box 4743, Clearwater, FL 33758-4748
hereinafter referred to as Agency.
WITNESSETH:
WHEREAS, the Department and the Agency heretofore on the 21st of June
entered into a Joint Participation Agreement; and
, 2000 ,
WHEREAS, the Agency desires to accomplish certain project items as outline� in the Attachment "A" appended
hereto; and
W�tEREAS, the Department desires to participate in all eligible items for this project as outlined in Attachment
"A" for a totaf Department Share of SSSO,OOO.Oa
0
NOW, 7HEREFORE THIS INDENTl1RE WITNESS�TH: that for and in cansideration of the mutual benefits to flow
from each t� the other, the parties t�ereto agree that the above described Joint Participation Agreement is to be arnended
and supplemented as follows;
1.00 Project D�scription: The project description is amended
This Sup�lemental Agre�ment does not change the project description.
EXHIBIT A
2.0o Project Cost:
Paragr�ph 3.00 of said Agreement is increased by � 250,000.00
bringing the revis�d tota! cost �f the project to S 850,OOO.CO .
Paragraph 4.00 0# said Agreement is increased by S 250,Q00.00
bringing the Departrnent's revised total cost of the project to S 550,000.00
3,00 Amended Exhibits:
FORM 725-0JO-07
PUBIIC TR1W SP ADMIN - 07f00
Pape 2 of 4
Exhibit(s} B of s�id Agreement is amended by Attachment "A".
4.00 Contract Time:
Faragraph 18.00 of said Agreement is amended Not Applicable .
0
FORM 715-030-07
PUBLIC TRANSP ADMIN .07100
Pope 3 0l 4
Financial Project No.
Contract No. A1076
Agreement Date
40300�19401
F,�ccept as hereby modified, amended or ch�nged, ali other terms of said Agreement dat�d June 21st, 2000
and any subsequent supplements shall remain in fuli force and effect.
IN. WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first
above written.
AGENCY
City of Ciearwater
NAME
William B. Horne II
.City Manager
TITLE
ATTEST.:
Cynthia E. Goudeau, City Clerk
Countersigned:
Briar. J. Aungst, Mayor-Commissioner
�.pproved as to £orm:
John C. Car.assas, �,ssistant Cit� Attorney
DATE FUNDING APPROVED BY COMPTROLLER
(SEE Ai?ACHED ENCUMBRANCE FORM)
LEGAL REVIEW
DEPARTMENT OF TRANSPC�R
DEPARTMENT �F TRANSPORTATIQN
---~ . ... --- �--� Donald J Saelton, P.E.,. . _
I?istrict Director of Plannin� and Production
TiTLE
FORM725-030-07
PUBlIC TRAMSP ADMtN - OT/00
Paye 4 cf �
Financial Project No. 40300619401
Contract No, A1076
Agreernent f�ate
ATTACHMENT "A"
SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT
This Atta.chrrient forms an integra( part of that certain Supplemental Joint Participation Agreement between
of F(orida, Departrnent of Transportation and City of Clearwater
P.O. Box 4748, Clearwater, FL 33758-4748
d ated .
DESCRIPTIUN OF SUPPLEMENT (Include justification for cost change):
The total project cost is being increased as a resuit of the Department's funding over multi-years.
I. Froject Cost;
Totai Project Cost
II. Fund Participation:
� Department:
�gency:
Other.
Tota� Project Cost
Cornments:
As Approved
$o00,Q00.OQ
$600,000.00
As Approved
$300,000.00
$300,000.00
, $600,000.00
As Amended Net Change
$850,000.00 5250,000.00
$850,000.00 $25Q,000.00
As Am�nded
�550,000.00
$300,OOO.QO
$850,+DOO.OQ
Net Change
$250,000.00
�O.Ot7
$250,000.00
The Department rnay participate in up to eighty pPrcent of the non-federal share of this project as provided by Florida
Statutes 332,007 (6}
MR 3
CHANGE ORD]ER #i
PROJECT: Ne�cv T-Har�gers at Airpark
CONTRA.CTOR: GLE Construction Services, Inc.
i45i Channelside Drive, Suite 200
Tampa, F`lorida 33605
DATE: June 25, 2ooi
PROJECT NUM�ER: 00-oo31-AP
P.O. REFERENCE NO: 699-27240
DATE OF C�N�'RAC'�: December i8,2oo0
COIDE: 315-94713-562800-575-000
SCOIPE OF C�ANGE: THI� CHANGE O�tDER ACCEPTS R.EVISYONS 'I'O THE CON'I7�.A,CT
SEE ATTAC�iED SHEET FOR OVERAGES, UNDERAGES, AND ADDI'TTON.AL ITEMS
APPROVE TIME F.��I'ENSION OF S I XTY ( 6 0) DAY S.
�TA'�'EME�T'T OF CON'�RA.�C'T ATVIOUN']C
Original Contract $596,021.35
�hange Order #i +$��,g8q.00
1�Tew Con��ct Totat $6�Y,oio.35
Brian Aun�st, Mayor-Commissioner
Jan� C. Hayman, Asst. City Attorney
(A.�proved as to forin)
��ris�r:
CSmthxa E. Goudeau, Cifiy Clerlk
Date:
�1'I°Y OF CLF�WATER,.,, im
PINEL� COiJ1�Y'i�, �LCjR.IDA
William B. Horne I.�, City Manager
a000��coi.aa:
GL�, �Co�.s�uctio�i, S
1i��
Date: '1 � C.� - c.> I
WITNESSES:
�� ��
,
�. .�\ �,� �;_� � "--� =�,r �,ZC�n,�.___-
Alice R. Eckman
��c�.YY"7�L Q . G-" dti-'�L�7rr
Kimberly A.` spinosa
REC�M1VgEN�ED BY:
./ `f .�'' �.--/
� .,��,..�- �-
Glen L. Bahnick, Jr.
Asst. Director of Engineering/Production
Page 2
Change (�rder #i
New T-Hangers at Airpark (#00-oo31-AP)
Decr�ase
io io % CONTINGENCY
Additional Items
�.g UNDERGROUND FI.00R DRAINS
� EXCAVA'I'E ��ND INSTALL
BACKFLOW TANK
�,5 DEWATER
�6 CONCRETE HOLD DOWN PADS
1� GROUND REELS
Z8 525 GALLON OIL TANK
19 60o GALLON HOLDING TANK
Previo� Contr�ct Tota�
Plus C.O. #a
1oTe�v Overall Net Total Cont�ract Cost
00�03���.a�:
L.S. i.00 � �So,o83.00 = $50,083.00
Decrease $5o,o8g.00
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
1.00 � �21,500.00 = �21,�00.00
1.00 � � �10,000.00 = �10,000.00
i.00 @ $8,662.00
i.00 � $8,250.00
i.00 � $�.�.,8io.00
i.00 @ �io,925.00
l.00 @ $io,925.00
Ync�ease
�otal Inc�ease
�ota� D�cre�e
Net Total Ir�crea.�e
$596,4z�.35
� �4�984.do
$63�.,oio.35
_ �8,662.00
_ �8,z5o.00
_ � 1�j.,810.00
_ �1o,g25.00
_ �io,9z5.00
�8t o..72.00
��5�07�.00
(���,08�.00
$34���9.00
�
�